You are on page 1of 24

Page |1

Constitutional ri$hts of the accuse" Art. :::- (ill of "ights !1,84#$ provides: CRIMINAL LAW branch or division of law which: defines crimes treats of their nature provides for their punishment Crime act committed or omitted in violation of a public law forbidding or commanding it. Sources of Philippine Criminal Law Act No. 381 !"P# $ and its amendments %pecial Penal &aws passed b' the: Philippine #ommission Philippine Assembl' Philippine &egislature National Assembl' #ongress of the Philippines (atasang Pambansa Penal Presidential )ecrees issued during *artial &aw No common law crimes in the Philippines U.S. v. a!lor !+8 Phil. ,,- ./0$: 1nless there be a particular provision in the penal code or special penal law that defines and punishes the act- even if it be sociall' or morall' wrong- no criminal liabilit' is incurred b' its commission. #ourt decisions are not sources of criminal law 2he' are merel' e3planation and application of the law- as enacted b' the legislative branch Power to "efine an" punish crimes People vs. %antiago !03 Phil. 1+/- 1+0$: 1nder its police powerthe %tate: has the authorit' to define and punish crimes and to la' down the rules of criminal procedure have a large discretion in creating and defining criminal offenses Limitations on the power of the lawma#in$ %o"! to enact penal le$islation 2he (ill of "ights of the 1,84 #onstitution imposes the following limitations: 1. No ex post facto law or bill of attainder shall be enacted. An ex post facto law is one which& *a5es criminal an act done before the passage of the law and which was innocent when done and punishes such an act6 Aggravates a crime or ma5es it greater than it was- when committed6 #hanges the punishment and inflicts a greater punishment than the law anne3ed to the crime when committed6 Alters the legal rules of evidence and authori7es conviction upon less or different testimon' than the law re8uired at the time of the commission of the offense Assumes to regulate civil rights and remedies onl'- in effect imposes a penalt' or deprivation of a right for something which when done was lawful6 and )eprives a person accused of a crime some lawful protection to which he has become entitled- such as the protection of a former conviction or ac8uittal- or a proclamation of amnest'. 'ill of Attain"er #ongress is prohibited from passing an act which would inflict punishment without 9udicial trial. +. No person shall be held to answer for a criminal offense without due process of law. #riminal laws must be of general application and must clearl' define the acts and omissions punished as crimes. .. 4. 1. +. 3. ()*: All persons shall have the right to a speed' disposition of their cases before all 9udicial- 8uasi;9udicial or administrative bodies. ()+,)-: No person shall be held to answer for a criminal offense without due process of law. ().& All persons- e3cept those charged with offenses punishable b' reclusion perpetua when evidence of guilt is strong- shall- before conviction- be bailable b' sufficient sureties- or be released on recogni7ance as ma' be provided b' law. 2he right to bail shall not be impaired even when the privilege of the writ of habeas corpus is suspended. <3cessive bail shall not be re8uired. 0. ()+,/-: :n all criminal prosecutions- the accused shall be presumed innocent until the contrar' is proved and shall en9o' the right to be heard b' himself and counsel- to be informed of the nature and cause of the accusation against him- to have speed'- impartial and public trial- to meet the witnesses face to face- and to have compulsor' process to secure the attendance of witnesses and the production of evidence in his behalf. =owever- after arraignmenttrial ma' proceed notwithstanding the absence of the accused provided that he has been dul' notified and his failure to appear is un9ustifiable. ()0: No person shall be compelled to be a witness against himself. ()/,)-: An' person under investigation for the commission of an offense shall have the right to be informed of his right to remain silent and to have competent and independent counsel preferabl' of his own choice. :f the person cannot afford the services of counsel- he must be provided with one. 2hese rights cannot be waived e3cept in writing and in the presence of counsel. ()/,/-: No torture- force- violence- threat- intimidation- or an' other means which vitiate the free will shall be used against him. %ecret detention places- solitar'- incommunicado, or other similar forms of detention are prohibited. ()/,.-: An' confession or admission obtained in violation of this or >14 hereof shall be inadmissible in evidence against him. ()1,)-: <3cessive fines shall not be imposed- nor cruel- degrading or inhuman punishment inflicted. (/): No person shall be twice put in 9eopard' of punishment for the same offense. :f an act is punished b' a law and an ordinanceconviction or ac8uittal under either shall constitute a bar to another prosecution for the same act. ()): ?ree access to the courts and 8uasi;9udicial bodies and ade8uate legal assistance shall not be denied to an' person b' reason of povert'.

CRIMINAL LAW I

8.

Statutor! ri$hts of the accuse" ()2 Rule ))3 of the "evised "ules on #riminal Procedure provides that in all criminal prosecutions- the accused shall be entitled: 1. +. 3. 2o be presumed innocent until the contrar' is proved be'ond reasonable doubt. 2o be informed of the nature and cause of the accusation against him. 2o be present and defend in person and b' counsel at ever' stage of the proceedings- from arraignment to promulgation of the 9udgment.

Page |+
0. . .. 4. 8. ,. 2o testif' as a witness in his own behalf but sub9ect to cross; e3amination on matters covered b' direct e3amination. =is silence shall not in an' manner pre9udice him. 2o be e3empt from being compelled to be a witness against himself. 2o confront and cross;e3amine the witnesses against him at the trial. 2o have compulsor' process issued to secure the attendance of witnesses and production of other evidence in his behalf. 2o have a speed'- impartial and public trial. 2o appeal in all cases allowed and in the manner prescribed b' law. Law of preferential application R.A. No. 03: &aw penali7ing acts which would impair the proper observance b' the "epublic and inhabitants of the Philippines of the immunities- rights- and privileges of dul' accredited foreign diplomatic representatives and their domestic servants 56ceptions: (32 R.A. No. 03 not applicable when the foreign countr' adversel' affected does not provide similar protection to our diplomatic representatives. Persons e6empt %! virtue of the principles of pu%lic international law& %overeigns and other chiefs of state Ambassadors- ministers plenipotentiar'- ministers residence and charges dFaffaires +. 5RRI 8RIAL& #riminal laws underta5e to punish crimes committed within Philippine territor' Art. /2 RPC& Denforced within the Philippine Archipelagoincluding its atmosphere- its interior waters and maritime 7one.G Art. I2 )1<0 Constitution& National 2erritor' 57C5P I8NS& Art. /2 RPC provides that its provisions shall be enforced outside of the 9urisdiction of the Philippines against those who: 1. %hould commit an offense while on a Philippine ship or airship6 +. %hould forge or counterfeit an' coin or currenc' note of the Philippines or obligations and securities issued b' the government of the Philippines6 3. %hould be liable for acts connected with the introduction into the Philippines of the obligations and securities mentioned in the preceding number6 0. Chile being public officers or emplo'ees- should commit an offense in the e3ercise of their functions6 or . %hould commit an' of the crimes against national securit' and the law of nations- defined in 2itle @ne of (oo5 2wo of the "P#. PR8SP5C I=5& A penal law cannot ma5e an act punishable in a manner in which it was not punishable when committed. As provided in Art. .**2 RPC- crimes are punished under the laws in force at the time of their commission. 57C5P I8N& Chen a new statute dealing with crime establishes conditions more favorable to the accused- it can be given a retroactive effect 57C5P I8NS 8 57C5P I8N& avera vs. =al"e>& Chere the new law is e3pressl' made inapplicable to pending actions or e3isting causes of action Art. //2 RPC& Chere the offender is a habitual criminal under Rule 32 Art. */2 RPC 5ffects of repeal of penal law Penalty lighter new law shall be applied Heavier penalty law at the time of commission of the offense shall be applied Total repeal which makes the act no longer punishable crime is obliterated New and old law penali e the same offense 2he repeal does not have the effect of depriving the courts of 9urisdiction to tr' convict- and sentence offenders charged with violations of the old law !epealing law fails to penali e the offense under the old law the accused cannot be convicted under the new law 2he court loses 9urisdiction where the repealing law wholl' fails to penali7e the act defined and penali7ed as an offense in the old law. " person erroneously accused and convicted under a repealed statute may be punished under the repealing statute " new law which omits anything contained in the old law dealing on the same subject operates as a repeal of an'thing not so included in the amendator' act #elf$repealing law deprivation of the courts of 9urisdiction to tr'- convict and sentence person charged with violation of the old law prior to the repeal.

Waiver of ri$hts "ight of the accused to confrontation and e3amination ma' be waived P<"%@NA& ":A=2 "ight to be informed of the nature and cause of the accusation against him cannot be waived :NB@&B<% P1(&:# :N2<"<%2 Characteristics of criminal law 1. 45N5RAL& #riminal law is binding on all persons who live or so9ourn in Philippine territor'. People vs. 4alac$ac2 CA ! 0 @A 1/+4$: No foreigner en9o's in this countr' e3tra;territorial right to be e3empted from its laws and 9urisdiction- with the e6ception of heads of states and diplomatic representatives who- b' virtue of customar' law of nations- are not sub9ect to Philippine territorial 9urisdictions. U.S. vs. Sweet !1 Phil 18$: 2he case is open to the application of the general principle that 9urisdiction of the civil tribunals is unaffected b' the militar' or other special character of the person brought before them for trial- unless controlled b' e3press legislation to the contrar'. #ivil courts have concurrent 9urisdiction with general courts; martial over soldiers of the A?P: *urder cases *alversation committed b' an arm' finance officer :n times of war- civil courts have concurrent 9urisdiction- provided that in the place of the commission of the crime no hostilities are in progress and civil courts are functioning. 57C5P I8N& Chen the militar' court ta5es cogni7ance of the case involving a person sub9ect to militar' law- the Articles of Car appl'. 9uris"iction of militar! courts ()2 R.A. No. 0:33 : Covera$e& *embers of the A?P *embers of the #iti7ens Armed ?orces Aeographical 1nits Scope& #rimes under "P#- special penal laws or local government ordinances %hall be tried b' the proper civil court- e6cept when the offense- as determined before arraignment b' the civil courtis service;connected- in which case the offense shall be tried b' court;martial Service;connecte" crimes or offenses CA No. +:<& Articles 0;4/- Articles 4+;,+ and Articles , ;,4 !Articles of War$ 2he prosecution of an accused before a court;martial is a bar to another prosecution of the accused for the same offense. A court;martial is a court and the prosecution of an accused before it is a criminal- not an administrative case. @ffenders accused of war crimes are triable b' militar' commission 58 No. *<& <stablished a National Car #rimes @ffice and prescribing rules and regulations governing the trial of war criminals is valid and constitutional 57C5P I8NS& (/2 RPC: Dprovisions of this #ode shall be enforced within the Philippine Archipelago- e3cept as provided in the treaties and laws of preferential application Art. )+2 NCC: penal laws and those of public securit' and safet' shall be obligator' upon all who live or so9ourn in Philippine territor'- subject to the principles of public international law and treaty stipulations reaties or treat! stipulations (ases Agreement !3E10E1,04$ which e3pired on ,E1.E1,,1 "P;1% Bisiting ?orces Accord !+E1/E1,,8$

3.

Construction of penal laws

Page |3
4eneral Rule& :nterpretation and construction should onl' be applied onl' where the law is ambiguous and there is doubt as to its interpretation. 1. +. Penal laws are strictl' construed against the Aovernment and liberall' in favor of the accused. :n the construction or interpretation of the provision of the "P#- the %panish te3t is controlling- because it was approved b' the Philippine &egislature in its %panish te3t. THE REVISED PENAL CODE '88? 8N5 Preliminar! itle @A 5 8A 5AA5C I=5N5SS AN@ APPLICA I8N 8A B5 PR8=ISI8NS 8A BIS C8@5 Article ). Time when "ct takes effect . his Co"e shall ta#e effect on the first "a! of 9anuar!2 nineteen hun"re" an" thirt!; two. ). heories in Criminal Law Classical heor! 2he basis of criminal liability is human free will and the purpose of the penalty is retribution. *an is essentiall' a moral creature with an absolutel' free will to choose between good and evil- thereb' placing more stress upon the effect or result of the felonious act than upon the man- the criminal himself. :t has endeavored to establish a mechanical and direct proportion between crime and penalt'. 2here is a scant regard to the human element. Positivist heor! *an is subdued occasionall' b' a strange and morbid phenomenon which constrains him to do wrong- in spite of or contrar' to his volition. #rime is essentiall' a social and natural phenomenon- and as such- it cannot be treated and chec5ed b' the application of abstract principles of law and 9urisprudence nor b' the imposition of a punishment- fi3ed and determined a priori% but rather through the enforcement of individual measure in which particular case after a thorough- personal and individual investigation conducted b' a competent bod' of ps'chiatrists and social scientist. Article /. "pplication of its provisions& 56cept as provi"e" in the treaties an" laws of preferential application2 the provision of this Co"e shall %e enforce" not onl! within the Philippine Archipela$o2 inclu"in$ its atmosphere2 its interior waters an" maritime >one2 %ut also outsi"e of its Curis"iction2 a$ainst those who& ). Shoul" commit an offense while on a Philippine ship or airshipD /. Shoul" for$e or counterfeit an! coin or currenc! note of the Philippines or o%li$ations an" securities issue" %! the $overnment of the PhilippinesD .. Shoul" %e lia%le for acts connecte" with the intro"uction into the Philippines of the o%li$ations an" securities mentione" in the prece"in$ num%erD +. While %ein$ pu%lic officers of emplo!ees2 shoul" commit an offense in the e6ercise of their functionsD or 3. Shoul" commit an! of the crimes a$ainst national securit! an" the law of nations2 "efine" in itle 8ne of 'oo# wo of the RPC. 56tra;territorial Application of the RPC 1. Chen the offender should commit an offense while on a Philippine ship or airship Although be'ond 3 miles from the seashore- the Philippine vessel is considered part of the national territor'. 0. +. A Philippine vessel or aircraft which must be registered in the Philippine Chen the offender should forge or counterfeit an' coin or currenc' note of the Philippines or obligations and securities issued b' the government of the Philippines Art. )*.: An' person who ma5es false or counterfeit coins Art )**: ?orges treasur' or ban5 notes or other obligations and securities in a foreign country Chen the offender should be liable for acts connected with the introduction into the Philippines of the obligations and securities mentioned in the preceding number )amaging to the economic interest of the countr' Chen the offender- while being public officers of emplo'ees- should commit an offense in the e3ercise of their functions Art. /):;/)): )irect and indirect briber' Art /).: ?rauds against the public treasur' Art /)*: Possession of prohibited interest Art /)0: ?rauds against the public treasur' Art /)<: ?ailure of accountable officer to render accounts Art //:: :llegal use of public funds or propert' Art //): ?ailure to ma5e deliver' of public funds or propert' Art )0): ?alsification b' a public officer or emplo'ee committed with abuse of his official position Chen the offender should commit an' of the crimes against national securit' and the law of nations Art ))+: 2reason Art ))3: #onspirac' and proposal to commit reason Art ))0& <spionage Art ))<: :nciting to war and giving motives for reprisals Art ))1: Biolation of neutralit' Art )/)& ?light to enem'Fs countr' Art )//: Pirac' and mutin' on the high seas

3.

/.

Crimes un"er Article / are co$ni>a%le %! the R C 2he crimes shall be cogni7able b' the "2# in which the charge is first filed. "2# have original 9urisdiction over all crimes and offenses committed on the high seas or be'ond the 9urisdiction of an' countr' on board a ship or war craft of an' 5ind registered or licensed in the Philippines. Crimes committe" on %oar" forei$n merchant or airship A ship is an e3tension of the territor' of the countr' to which it belongs. An offense committed on the high seas on board a foreign merchant vessel is not triable b' our courts. Continuin$ offense on %oar" a forei$n vessel U.S. vs. 'ull !1 Phil. 4$: 2he offense of failing to provide suitable means of securing animals while transporting them on a !foreign$ ship from a foreign port to a port of the Philippines is within the 9urisdiction of the courts of the Philippines when the forbidden conditions e3isted during the time the ship was within territorial waters- regardless of the fact the same conditions e3isted when the ship sailed from the foreign port and while it was on the high seas. 8ffense committe" on %oar" forei$n merchant vessel while on Philippine waters is tria%le %efore our court Chen a foreign merchant vessel enters the 3;mile limit- the shipFs officers and crew become sub9ect to the 9urisdiction of our courts. Rules as to Curis"iction over crimes committe" a%oar" forei$n merchant vessels 1. French Rule #rimes are not triable in the courts of that countr'unless their commission affects the peace and securit' of the territor' or the safet' of the state is endangered.

Page |0
+. English Rule #rimes are triable in that countr'- unless the' merel' affect things within the vessel or the' refer to the internal management thereof. Acts and omissions punishable b' the "P# 5L5M5N S& 2here must be an act or omission 2he act or omission must be punishable b' the "P# 2he act is performed or the omission incurred b' means of dolo or culpa AC An' bodil' movement tending to produce some effect in the e3ternal world- it being unnecessar' that the same be actuall' produced- as the possibility of its production is sufficient Act must be defined in the "P# @nl' external act is punished internal acts are be'ond the sphere of penal law. 8MISSI8N :naction- the failure to perform a positive dut' which one is bound to do. 2here must be a law re8uiring the doing or performance of an act. ?elon' b' omission: Art. /03,)-: An'one who fails to render assistance to an' person whom he finds in an uninhabited place wounded or in danger of d'ing- is liable for a%an"onment of person in "an$er. Art. /).,/%-: An officer entrusted with collection of ta3es who voluntaril! fails to issue a receipt as provided b' law- is guilt' of ille$al e6action. Art. ))*: <ver' person owing allegiance to the Philippineswithout being a foreigner- and havin$ #nowle"$e of an! conspirac! a$ainst the $overnment2 who does not disclose and ma5e 5nown the same to the proper authorit'- is liable for misprision of treason. GPunisha%le %! LawH Dnullum crimen, nulla poena sine legeG there is no crime where there is no law punishing it. Classification of felonies accor"in$ to the means %! which the! are committe" ). Intentional Aelonies Act or omission of the offender is malicious Act is performed with deliberate intent or has the intention to cause an injury to another Culpa%le Aelonies Act or omission of the offender is not malicious 2he in9ur' caused b' the offender to another person is DunintentionalG %impl' an incident of another act performed without malice

Crimes not involvin$ a %reach of pu%lic or"er committe" on %oar" a forei$n merchant vessel in transit not tria%le %! our courts U.S. vs. Loo# Chaw !18 Phil. 43$: *ere possession of opium on such a ship- without being used in our territor'- does not bring about in this countr' those disastrous effects that our law contemplates avoiding. 'ut sai" courts acEuire Curis"iction when the tins of opium are landed from the vessel on Philippine soil. &anding or using opium is an open violation of the laws of the Philippines. U.S. vs. Ah Sin$ !3. Phil. ,48$: Chen the foreign merchant vessel is not in transit because the Philippines is its terminal portthe person in possession of opium on board that vessel is liablebecause he ma' be held guilt' of illegal importation of opium. Smo#in$ opium constitutes a %reach of pu%lic or"er People vs. Won$ Chen$ !0. Phil. 4+,$: %mo5ing opium aboard an <nglish vessel while anchore" two and one;half miles in *anila (a' constitutes a breach of public order- because the primar' ob9ect of the law in punishing the use of opium is to protect the inhabitants of this countr' against the disastrous effects entailed b' the use of such drug. Philippine courts have no Curis"iction over offenses committe" on %oar" forei$n warships in territorial waters )istinction must be made between merchant ships and warships 'arships are alwa's reputed to be the territor' of the countr' to which the' belong and cannot be sub9ected to the laws of another state. 56tra;territorial application of R.A. No. 1.0/ =uman %ecurit' Act of +//4 3E.E+//4 (3<& Act shall appl' to: :ndividual person who commit an' of the crimes defined and punished in the Act within the terrestrial domain- interior waters- maritime 7one and airspace of the Philippines6 :ndividual person who- although ph'sicall' outside the territorial limits of the Philippines- commit- conspire of plot an' of the crimes defined and punished in the Act inside the territorial limits of the Philippines6 :ndividual persons who- although ph'sicall' outside the territorial limits of the Philippines- commit an' of the said crimes on board Philippine ship or airship6 :ndividual persons who commit an' of said crimes within an' embass'- consulate or diplomatic premises belonging to or occupied b' the Philippine government in an official capacit'6 :ndividual persons who- although ph'sicall' outside the territorial limits of the Philippines- commit said crimes against Philippine citi7ens or person of Philippine descent- where their citi7enship or ethnicit' was a factor in the commission of the crime6 and :ndividual persons who- although ph'sicall' outside the territorial limits of the Philippines- commit said crimes directl' against the Philippine government. itle 8ne A5L8NI5S AN@ CIRCUMS ANC5S WBICB AAA5C CRIMINAL LIA'ILI F Chapter 8ne A5L8NI5S Article .. (efinition. Acts an" omissions punisha%le %! law are felonies ,delitos). Aelonies are committe" not onl! %! means of "eceit ,dolo) %! also %! means of fault ,culpa). here is "eceit when the act is performe" with "eli%erate intentD an" there is fault when the wron$ful act results from impu"ence2 ne$li$ence2 lac# of foresi$ht2 or lac# of s#ill. A5L8NI5S

/.

Aelonies committe" %! means of dolo or with malice (olus is e8uivalent to malice- which is the intent to do an injury to another :ntention to do an in9ur' to the person, property, or right of another #rimes which cannot be committed through imprudence or negligence: murder- treason- robber'- and malicious mischief Aelonies committe" %! means of fault or culpa Performed without malice but is punishable- though in a lesser degree and with an e8ual result- an intermediate act Impru"ence indicates a deficiency of action% usuall' involves lac5 of foresight Ne$li$ence indicates a deficiency of perception% usuall' involves lac5 of s5ill In felonies committe" %! means of dolo or culpa, the acts or omissions are voluntar! A criminal act is presumed to be voluntar'. ?act prevails over assumption- and in the absence of indubitable e3planation- the act must be declared voluntar' and punishable.

Page |
Chen there is compulsion or prevention b' force or intimidationthere is no voluntariness in the act. ReEuisites of dolo or malice& :n order that an act or omission ma' be considered as having been performed or incurred with deliberate intent the following MUS concur: =e must have AR55@8M while doing an act or omitting to do an act Cithout freedom- a person is merel' a tool <3empt from liabilit' Art. )/,3;* under the compulsion of an irresistible force under the impulse of an uncontrollable fear of an e8ual or greater in9ur' =e must have IN 5LLI45NC5 while doing the act or omitting to do the act Cithout this power- necessar' to determine the morality of human acts, no crime can e3ist =e must have IN 5N while doing the act or omitting to do the act :ntent to commit the act with malice- being purel' a mental process- is presumed and the presumption arises from the proof of the commission of an unlawful act <3istence of intent is shown b' the overt acts of a person #riminal intent is presume" from the commission of an unlawful act- unless the contrar' shall appear 2he presumption of criminal intent does not arise from the proof of the commission of an act which is not unlawful 2here is no felon' b' dolo if there is no intent. People vs. 'eronilla !,. Phil. ..$: #riminal intent was not established. 2o constitute a crime- the act must- e3cept in certain crimes made such b' statute- be accompanied b' a criminal intent, or b' such negligence or indifference to duty or to conse)uences, as in law- is e)uivalent to criminal intent& Mista#e of fact A misapprehension of fact on the part of the person who caused in9ur' to another. :gnorance or mista5e of fact relieves the accused from criminal liabilit'. "e8uisites of mista5e of fact as a defense: 2hat act done would have been lawful had the facts been as the accused believed them to be. 2hat the intention of the accused in performing the act should be lawful. 2hat the mista5e must be without fault or carelessness on the part of the accused. 2he act done would have been lawful: 2he act done would not constitute a felon' had the facts as the accused believed them to be. 2he mista5e must be without fault or carelessness on the part of the accused %ee Ah Chon$ and 8anis cases :n the @anis case- the accused found no circumstances whatever which would press them to immediate action. 2he person in the room being then asleep- the accused had ample time and opportunit' to ascertain his identit' without ha7ard to themselves and could even effect a bloodless arrest if an' reasonable effort to that end had been made- as the victim as unarmed. 2he intention of the accused in performing the act should be lawful *rror in personae or mista5e in identit' of the victim- the principle of mista5e of fact does not appl'. Chen the accused is negligent- mista5e of fact is not a defense :n felonies committed through negligence- there is no intent to consider- as it is replaced b' imprudence- negligence- lac5 of foresight or lac5 of s5ill Criminal intent is necessar! in felonies committe" %! means of dolo "ctus non facit reum nisi mens sit rea, Dthe act itself does not ma5e a man guilt' unless his intention were so.G "ctus me invite factus non est meus actus, Dan act done b' me against m' will is not m' act.G

4eneral Intent vs. Specific Intent :n felonies committed b' dolus, the third element of voluntariness is a general intent :n some particular felonies- proof of particular specific intent is re8uired !e.g. theft: intent to gain$ ReEuisites of culpa or fault =e must have AR55@8M while doing an act or omitting to do an act =e must have IN 5LLI45NC5 while doing the act or omitting to do the act =e is IMPRU@5N 2 N54LI45N or LAC?S A8R5SI4B or S?ILL Negligence or indifference to dut' or to conse8uence is- in lawe8uivalent to criminal intent. 2he mind is not criminal. 2he act is wrongful because the in9ur' or damage caused results from the imprudencenegligence- lac5 of foresight or lac5 of s5ill of the accused. 2he in9ur' caused to another should be unintentional- it being simpl' the incident of another act performed without malice. *ista5e in the identit' of the intended victim is not rec5less imprudence: a deliberate intent to do an unlawful act is essentiall' inconsistent with the idea of rec5less imprudence. .r" class of crimes are those punishe" %! special laws (olo is not re8uired in crimes punished b' special laws :t is sufficient that the offender has the intent to perpetrate the act prohibited b' the special law. :ntent to perpetrate the act prohibited act is done freel' and consciousl' 2he rule is that in acts mala in se, there must be a criminal intent6 but those mala prohibitia, it is sufficient if the prohibited act was intentionall' done. Chen the doing of an act is prohibited b' a special law- it is considered that the act is in9urious to public welfare and the doing of the prohibited act is the crime itself. Aood faith and absence of criminal intent are not valid defenses Mala in se vs. Mala prohibitia Mala in se Crongful from their nature !e.g. rape- homicide- theft- etc.$ %erious in their effects on societ' as to call for almost unanimous condemnation of its members 2he intent of the person governs ?elonies defined and penali7ed b' the "P# Chen the acts are inherentl! immoral- the' are mala in se, even if punished under special law Mala prohibitia *erel' wrong because it is prohibited b' statute !e.g. illegal possession of firearms$ Biolations of mere rules of convenience designed to secure a more orderl' regulation of the affairs of societ'. 2he onl' in8uir' is- has the law been violatedH Intent vs. Motive *otive is the moving power which impels one to action for a definite result. *otive is not essential element of a crime and need not be proved for purposes of conviction. *otive is essential onl' when there is doubt as to the identit' of the assailant. :t is immaterial when the accused has been positivel' identified. *otive is important in ascertain the truth between two antagonistic theories or versions of the 5illing. :f the evidence is merel' circumstantial- proof of motive is essential. :ntent is the purpose to use a particular means to effect such result. Bow motive is prove" *otive is established b' the testimon' of the witnesses on the acts or statements of the accused before or immediatel' after the commission of the offense.

Page |.
)eeds or words ma' indicate the motive. 'U : Proof of motive alone is not sufficient to support a conviction if no reliable evidence from which it ma' reasonable deduced that the accused was the malefactor Article +. +riminal ,iability& Criminal lia%ilit! shall %e incurre"& ). '! an! person committin$ a felon! , delito- althou$h the wron$ful act "one %e "ifferent from that which he inten"e". /. '! an! person performin$ an act which woul" %e an offense a$ainst person or propert!2 were it not for the inherent impossi%ilit! of its accomplishment or on account of the emplo!ment of ina"eEuate or ineffectual means. 8ne who commits an intentional felon! is responsi%le for all the conseEuences which ma! naturall! an" lo$icall! result therefrom2 whether foreseen or inten"e" or not D*l )ue es causa de la causa es causa del mal causado he who is the cause of the cause is the cause of the evil causedI -& .+ommitting a felony 2he felon' committed b' the offender should be one committed b' means of dolo, that is with malice Ddifferent from that which he intended& :f the act results from negligence- his liabilit' should be determined under Art. 3. !criminal negligence$. 2he act or omission should not be punished b' a special lawbecause the offender violating a special law ma' not have the intent to do an in9ur' to another. 2he wrongful act done could not be different- as the offender did not intend to do an' other in9ur'. D"lthough the wrongful act done be different from that which he intended #auses which ma' produce a result different from that which the offender intended are: *ista5e in the identit' of the victim: error in personae *ista5e in the blow: aberration ictus / the offender intending to do an in9ur' to one person actuall' inflicts it on another 2he act e3ceeds the intent: praeter intentionem the in9urious results is greater than that intended When "eath is presume" to %e the natural conseEuence of ph!sical inCuries inflicte" 1. 2hat the victim- at the time of the ph'sical in9uries were inflicted was in normal health. +. 2hat death ma' be e3pected from the ph'sical in9uries inflicted. 3. 2hat death ensued within a reasonable time. Not "irect2 natural an" lo$ical conseEuence of the felon! committe" :f the conse8uences produced have resulted from a distinct act or fact absolutely foreign from the criminal act- the offender is not responsible for such conse8uences. he supervenin$ event ma! %e the su%Cect of amen"ment of ori$inal information or of a new char$e without "ou%le Ceopar"! IMP8SSI'L5 CRIM5S 2he commission of an impossible crime is indicative of criminal propensit' or criminal tendenc' on the part of the actor. 2he penalt' for impossible crimes is provided in Article 31 of the "P#. ReEuisites for Para$raph / of Article + 1. 2hat the act performed would be an offense a$ainst persons or property +. 2hat the act was done with evil intent 3. 2hat its accomplishment is inherentl' impossible or that the means emplo'ed is either inade)uate or ineffectual 0. 2hat the act performed should not constitute a violation of another provision of the "P# -& Performing an act which would be an offense against persons or property :n committing an impossible crime- the offender intends to commit a felon' and the act performed would have been an offense against persons or propert'. 'U : 2he felon' should not be actuall' committed because he would be liable for that felon'. Aelonies a$ainst persons are: Parricide *urder =omicide :nfanticide Abortion )uel Ph'sical in9uries "ape Aelonies a$ainst propert! are& "obber' (rigandage 2heft 1surpation #ulpable insolvenc' %windling and other deceits #hattel mortgage Arson and other crimes involving destruction *alicious mischief 1& 'ere it not for the inherent impossibility of its accomplishment or on account of the employment of inade)uate or ineffectual means 2he act performed cannot produce an offense against person or propert' because: a& 0nherent impossibility of its accomplishment &egal impossibilit' Ph'sical impossibilit' b& *mployment of inade)uate means c& *mployment of ineffectual means Article 3. (uty of the court in connection with acts which should be repressed but which are not covered by the law, and in cases of excessive penalties& Whenever a court has #nowle"$e of an! act which it ma! "eem proper to repress an" which is not punisha%le %! law2 it shall ren"er the proper "ecision an" shall report to the Chief 56ecutive2 throu$h the @epartment of

+.

ReEuisites of Para$raph ) of Article + 1. 0ntentional felony has been committed6 and +. 2he wrong done to the aggrieved part' be the direct, natural an" logical conseEuence of the felony committed b' the offender. An' person who creates in anotherFs mind an immediate sense of danger- which causes the latter to do something resulting in the latterFs in9uries- is liable for the resulting in9uries U.S. vs. =al"e> !01 Phil. 0,4$: :f a person against whom a criminal assault is directed reasonabl' believes himself to be in danger of death or great bodil' harm and in order to escape 9umps into the water- impelled b' the instinct of self;preservationthe assailant is responsible for homicide in case death results b' drowning. he felon! committe" must %e the pro6imate cause of the resultin$ inCur! 'ataclan vs. Me"ina !1/+ Phil. 181$: Pro6imate cause is Dthat cause- which- in natural and continuous se8uence- unbro5en b' an' efficient intervenin$ cause- produces the in9ur'- and without which the result would not have occurredG Pro6imate le$al cause is that acting first and producing the in9ur'- either immediatel'- or b' setting other events in motion- all constituting a natural and continuous chain of events- each having a close causal connection with its immediate predecessor. 2he felon' committed is not the pro3imate cause of the resulting in9ur' when: 2here is an active force that intervened between the felon' committed and the resulting in9ur' and the active force is a distinct act or fact absolutely foreign from the felonious act of the accused6 or 2he resulting in9ur' is due to the intentional act of the victim

Page |4

9ustice2 the reasons which in"uce the court to %elieve that sai" act shoul" %e ma"e su%Cect of penal le$islation. In the same wa! the court shall su%mit to the Chief 56ecutive2 throu$h the @epartment of 9ustice2 such statement as ma! %e "eeme" proper2 without suspen"in$ the e6ecution of the sentence2 when a strict enforcement of the provision of the co"e woul" result in the imposition of a clearl! e6cessive penalt!2 ta#in$ into consi"eration the "e$ree of malice an" the inCur! cause" %! the office. Acts not covere" %! the law& 2rial of a criminal case 2he act committed b' the accused appears not punishable b' an' law6 (ut the court deems it proper to repress such act6 :n that case- the court must render the proper decision b' dismissing the case and ac8uitting the accursed6 2he 9udge must then ma5e a report to the #< through the %Jstating the reason which induce him to believe that the said act should be made the sub9ect of penal legislation 'asis of Para$raph )2 Article 3 &egal ma3im Dnullum crimen, nulla poena sine lege, there is no crime if there is no law that punishes the act. Cases of e6cessive penalties 2he court after trial finds the accused guilt'6 2he penalt' provided b' law appears to be clearl' e3cessive because 2he accused acted with lesser degree of malice andEor 2here is no in9ur' or the in9ur' caused is of lesser gravit'. 2he court should not suspend the e3ecution of the sentence. 2he 9udge should submit a statement to the #<- through the %Jrecommending e3ecutive clemenc'. he penalties are not e6cessive when inten"e" to enforce a pu%lic polic! Courts have the "ut! to appl! the penalt! provi"e" %! law People vs. Limaco !88 Phil. 3 $: :t is a well;settled rule that the courts are not concerned with the wisdom- efficac' or moralit' of laws. 2hat 8uestion falls e3clusivel' within the province of the &egislature which enacts them and the #hief <3ecutive who approves or vetoes them. 2he onl' function of the 9udiciar' is to interest the laws and- if not in disharmon' with the #onstitutionto appl' them. 2he dut' of courts is to appl' the law- disregarding their feeling of s'mpath' or pit' for an accused. )1"A &<K %<) &<K GWhen a strict enforcement of the provision of this Co"eH 2he +nd paragraph of Art. has no application to the offense defined and penali7ed b' a special law. Article *. +onsummated, frustrated, and attempted felonies& Consummate" felonies2 as well as those which are frustrate" an" attempte"2 are punisha%le. A felon! is C8NSUMMA 5@ when all the elements necessar! for its e6ecution an" accomplishment are presentD an" it is ARUS RA 5@ when the offen"er performs all the acts of e6ecution which woul" pro"uce the felon! as a conseEuence %ut which2 nevertheless2 "o not pro"uce it %! reason of causes in"epen"ent of the will of the perpetrator. here is an A 5MP when the offen"er commences the commission of a felon! "irectl! %! overt acts2 an" "oes not perform all the acts of e6ecution which shoul" pro"uce the felon! %! reason of some cause or acci"ent other than his own spontaneous "esistance. @evelopment of crime Sta$es ). Internal acts *ere ideas in the mind of a person are not punishable even ifhad the' been carried out- the' would constitute a crime. :ntention and effect must concur

/.

56ternal acts Preparatory acts ordinaril' the' are not punishable 57C5P I8N& Chen the law provides for their punishment in certain felonies Art. <: proposal and conspirac' to commit a felon' Art. .:+: possession of pic5loc5s Acts of execution 2he' are punishable under the "P# %tages: "ttempted 2rustrated +onsummated

Attempte" Aelon! 2here is an attempt when the offender beings the commission of a felon' directl' b' overt act. =e has not performed all the acts of e3ecution which should produce the felon'. 5L5M5N S& a. 2he offender commences the commission of the felon' directl' b' overt acts6 b. =e does not perform all the acts of e3ecution which should produce the felon'6 c. 2he offenderFs act is not stopped by his own spontaneous desistance% d. 2he non$performance of all acts of execution was due to cause or accident other than his spontaneous desistance. Su%Cective phase of the offense& :n attempted felony, the offender never passes the sub9ective phase of the offense. 1. D+ommences the commission of a felony directly by overt acts& R5IUISI 5S& 2here be e3ternal acts %uch e3ternal acts have direct connection with the crime intended to be committed 8vert Acts An overt act is some physical activity or deed- indicating the intention to commit a particular crime- more than a mere planning or preparation- which if carried to its complete termination following its natural course- without being frustrated b' e3ternal obstacles nor b' voluntar' desistance of the perpetrator- will logically and necessarily ripen into a concrete offense. @vert act ma' not be b' ph'sical activit' 2here are felonies where- because of their nature or the manner of committing them- the overt acts are not performed with bodil' movement. 56ample& #orruption of public office proposal in ma5ing an offer of mone' <3ternal acts must have a direct connection with the crime intended to be committed b' the offender 2he intention of the accused must be viewed from the nature of the acts e3ecuted b' him and not from his admission. In"eterminate offense :t is one where the purpose of the offender in performing an act is not certain. :ts nature in relation to its ob9ective is ambiguous. People vs. Lamahan$ !.1 Phil. 4/4$& Acts susceptible of double interpretation- that is- in favor as well as against the accused- and which show an innocent as well as a punishable act- must not and cannot furnish grounds b' themselves for attempted crime. @ffenders who personally execute the commission of a crime can be guilt' of attempted felon'. 2a5ing a direct part in the e3ecution of the act. .(oes not perform all the acts of execution :f an'thing 'et remained for him to do- he would be guilt' of an attempted crime. "ead: 1.%. vs. <duave- 3. Phil. +/, and People vs. &amahang .4y reason of some cause or accident 2he offender fails to perform all the acts of e3ecution which should produce the felon'

1&

3&

Page |8
+ause5 "obber' 2imel' discover' of ( of the overt act of A. "ccident5 A aimed his pistol at ( to 5ill the latter- but when he pressed the trigger it 9ammed and no bullet was fired from the pistol. 6& .7ther than his own spontaneous desistance :f the actor spontaneousl' desisted- there is no attempted felon'. @ne who ta5es part in planning a criminal act but desists in its actual commission is e3empt from criminal liabilit'. )esistance ma' be through fear or remorse. )esistance should be made before all the acts of e3ecution are performed. 2he "esistance which e6empts from criminal liabilit' has reference to the crime inten"e" to %e committe" and has no reference to the crime actuall' committed b' the offender before his desistance. accomplished. All the acts of execution which would produce the felon' as a conse8uence has been performed. @ffender has reached the ob9ective phase. ARUS RA 5@ or A 5MP 5@ <vil intent is not accomplished <vil intent is possible of accomplishment Accomplishment is prevented b' the intervention of certain cause or accident which the offender had no part accomplished. #ommission of the felon' has been commenced directl' b' overt acts and does not perform all the acts of e3ecution. @ffender has not passed the sub9ective phase. IMP8SSI'L5 CRIM5 <vil intent is not accomplished <vil intent of the offender cannot be accomplished :nherentl' impossible of accomplishment or means emplo'ed b' the offender is inade8uate or ineffectual

Su%Cective phase of the offense :t is that portion of the acts constituting the crime- starting from the point where the offender begins the commission of the crime to that point where he has still control over his acts, including their natural course. :f between these two points the offender is stopped b' an' cause outside of his own voluntar' desistance- the sub9ective phase has not been passed and it is an attempt. :f he is not stopped but continues until he performs the last act, it is frustrated, provided the crime is not produced. 2he acts then of the offender reached the objective phase of the crime. Arustrate" felon! 5L5M5N S: 2he offender performs all the acts of execution% All the acts performed would produce the felony as a conse)uence% (ut the felony is not produced% (' reason of causes independent of the will of the perpetrator& 1. DPerforms all the acts of execution Nothing more is left to be done b' the offender because he has performed the last act necessar' to produce the crime. :n certain cases- the %# has emphasi7ed the belief of the accused People vs. S! Pio: 2he fact that Liap was able to escapewhich the accused must have seen- must have produced in the mind of the accused the belief that he was not able to hit his victim at a vital part of the bod'. :n other words- the accused knew that he hand not actuall' performed all the acts of e3ecution necessar' to 5ill his victim. 2he accused is guilt' of attempted murder- because he did not perform all the acts of e3ecution- actual and subjective, in order that the purpose and intention that he had to 5ill his victim might be carried out. Chat should be considered is whether all the acts of e3ecution performed b' the offender Dwould product the felon' as a conse)uence& :n crimes against persons- it is necessar' for the frustration of the same that a mortal wound be inflicted- because then the wound could produce the felon' as a conse8uence. .'ould produce the felony as a conse)uence All the acts of e3ecution performed b' the offender could have produced the felon' as a conse8uence. :t is necessar' for the frustration of the crime of murder or homicide that a mortal wound is inflicted. .(o not produce it& :f the crime is produced- it would be consummated. .0ndependent of the will of the perpetrator& <ven if all the acts of e3ecution have been performed- the crime ma' not be consummated- because certain causes ma' prevent its consummation. :ntervention of third persons ARUS RA 5@ #riminal purpose has not been A 5MP 5@ #riminal purpose has not been

Consummate" Aelon! All the elements necessar' for its e3ecution and accomplishment are present. When not all the elements of a felon! are prove" Chen a felon' has two or more elements and one of them is not proved b' the prosecution during the trial- either: 1$ 2he felon' is not shown to have been consummated- or +$ 2he felon' is not shown to have been committed- or 3$ Another felon' is shown to have been committed. :n the prosecution for estafa- if the element of deceit or abuse of confidence is not proved- there is no crime. 2here is onl' civil liabilit'. (ut if the element of "ama$e onl' is not proved- the accused ma' be found guilt' of attempted or frustrated estafa. "ll the elements of the felon' for which the accused is prosecuted must be present in or"er to hol" him lia%le therefor in its consummated state. In "eterminin$ whether a crime is attempte" or frustrate" or consummate"2 one must consi"er& 2he nature of the offense 2he elements constituting the felon' 2he manner of committing the same Manner of committin$ the crime 1. ?ormal crimes #onsummated in one instant- no attempted stage. 4eneral Rule& 2here can be no attempt at a formal crimebecause between the thought and the deed there is no chain of acts that can be severed in an' lin5. %lander ?alse testimon' #rimes consummated b' mere attempt or proposal or b' overt act. Art. )/)& 2light to enemy8s country / mere attempt to flee to an enem' countr' is a consummated felon'. Art. .+:& +orruption of minors / mere proposal to the minor to satisf' the lust of another will consummate the offense. 2here is no attempted crime of treason- because the overt act in itself consummates the crime. ?elon' b' omission 2here can be no attempted stage- because in this 5ind of felon' the offender does not e3ecute acts. #rimes re8uiring the intervention of two person to commit them are consummated b' mere agreement 2he same are consummated b' mere agreement. *aterial crimes 2here are three stages of e3ecution #rimes that are not consummated in one instant or b' a single act.

+.

1&

3.

3& 6&

0.

here is no attempte" or frustrate" impossi%le crime :n impossible crime- the person intending to commit an offense has already performed the acts for the execution of the same&

Page |,
All the acts of the e3ecution has been performed- there could be no attempted impossible crime. 2he acts performed b' the offender are considered as constituting a consummated offense. 2herefore- there is no frustrated impossible crime. Article 0. 'hen light felonies are punishable& Li$ht felonies are punisha%le onl! when the! have %een consummate"2 with the e6ception of those committe" a$ainst persons or propert!. Li$ht felonies :nfractions of law for the commission of which the penalt' of arresto menor or a fine not e3ceeding P+// or both is provided. &ight felonies punished b' the "P#: %light ph'sical in9uries 2heft Alteration of boundar' mar5s *alicious mischief :ntriguing against honor 45N5RAL RUL5: Punishable only when the' have been consummated Ratio& :f the' are not consummated- the wrong done is so slight that there is no need of providing a penalt' at all. 57C5P I8N& &ight felonies committed against persons or property are punishable even if attempted or frustrated& Ratio& 2he commission of felonies against persons or property presupposes in the offender moral depravity& ?or that reason- even attempted or frustrated light felonies are punishable. Article <. +onspiracy and proposal to commit felony& Conspirac! an" proposal to commit felon! are punisha%le onl! in cases in which the law speciall! provi"es a penalt! therefor. A conspirac! e6ists when two or more persons come to an a$reement concernin$ the commission of a felon! an" "eci"e to commit it. here is a proposal when the person who has "eci"e" to commit a felon! proposes its e6ecution to some other person or persons. wo "ifferent acts contemplate" #onspirac' to commit a felon' Proposal to commit a felon' Conspirac! is not a crime e6cept when the law specificall! provi"es a penalt! therefor Ratio: Preparator' acts and the law regards them as innocent or at least permissible. 1nless there is a specific provision in the "P# providing for a penalt' for conspirac' or proposal to commit a felon'- mere conspiracy or proposal is N@2 a felon'. 2reason "ebellion %edition =owever- when in resolute execution of a common scheme- a felon' is committed by two or more malefactors - the e3istence of a conspirac' assumes pivotal in the determination of the liability of the perpetrators. 2he conspirators should not actuall' commit the crime. :t is sufficient that two or more person agree and decide to commit reason- rebellion or sedition. Conspirac! as a felon! vs. Conspirac! as a manner of incurrin$ criminal lia%ilit! Conspirac! as a felon! Agreement to carr' out a plan to overthrow the government. Act of one is the act of all. Conspirac! as a manner of incurrin$ criminal lia%ilit! #onspirac' relates to a crime actuall' committed. #onspirac' is not a separate offense. :t is absorbed when the crime is actuall' committed. All the conspirators are e8uall' liable.

ReEuisites of Conspirac! 1. +. 3. 2hat two or more persons came to an agreement 2hat the agreement concerned and the commission of a felon'6 and 2hat the e3ecution of the felon' be decided upon 1st <lement: Agreement presupposes meeting of the minds of two or more persons +nd element: Agreement must refer to the commission of a crime. :t must be an agreement to act, to effect, to bring about what has alread' been conceived and determined. 3rd <lement: 2he conspirators have made up their minds to commit the crime. )irect proof is not essential to establish conspirac' People vs. 'unta$: :t is not necessar' to show that all the conspirators actuall' hit and 5illed the victim. #onspirac' renders all the conspirators as co;principals regardless of the e3tent and character of their participation because in contemplation of law- the act of one is the act of all. Muantum of proof re8uired to establish conspirac' People vs. Coma"re: 2he elements of conspirac' must be proven be'ond reasonable doubt. %ettled is the rule that to establish conspirac'- evi"ence of actual cooperation rather than mere co$ni>ance of approval of an ille$al act is reEuire". A conspirac' must be established b' positive and conclusive evidence. :t must be shown to e3ist as clearl' and convincingl' as the commission of the crime itself. ReEuisites of Proposal& 1. +. 2hat a person has decided to commit a felony% and 2hat he proposes its execution to some other person or persons.

here is no criminal proposal when 1. +. 3. 2he person who proposes is not determined to commit the felon' 2here is no decided- concrete and formal proposal :t is not the e3ecution of a felon' that is proposed ?or instance- the performance of preparator' acts for the commission of rebellion :t is not necessar' that the person to whom the proposal made agrees to commit treason or rebellion. Proposal as an overt act of corruption of public officer if the person is re9ected b' the officer- the person is liable for attempted bribery Article 1. 9rave felonies, less grave felonies, and light felonies& 4rave felonies are those to which the law attaches the capital punishment or penalties which in an! of their perio"s are afflictive2 in accor"ance with Article /3 of the Co"e. Less $rave felonies are those which the law punishes with penalties which in their ma6imum perio" are correctional2 in accor"ance with the a%ove;mentione" article. Li$ht felonies are those infractions of law for the commission of which the penalt! of arresto menor or a fine not e6cee"in$ P/::2 or %oth2 is provi"e". Classification of felonies accor"in$ to their $ravit! Classificatio n 4rave Aelonies Penalties Afflictive& . 'ears and 1 da' to reclusion perpetua !life$ !eclusion perpetua !eclusion temporal Perpetual or temporar' absolute dis8ualification Perpetual or temporar' special dis8ualification Prision mayor Penalt' prescribed for the offense is composed of + or more distinct penalties- the higher or highest

P a g e | 1/
of the penalties must be an afflictive penalt'. e.g. ?elon' punishable b' prision correctional to prision mayor Correctional& 1 month and 1 da' to . 'ears Prision correccional "rresto mayor %uspension (estierro Penalt' prescribed for the offense is composed of + or more distinct penalties- the higher or highest of the penalties must be an correctional penalt'. e.g. ?elon' punishable b' arresto menor to destierro Arresto *enor !1 da' to 3/ da's$ ?ine not e3ceeding P+//

Less 4rave Aelonies

Li$ht Aelonies

Article ):. 7ffenses not subject to the provision of this +ode& 8ffenses which are or in the future ma! %e punisha%le un"er special laws are not su%Cect to the provisions of this Co"e. his Co"e shall %e supplementar! to such laws2 unless the latter shoul" speciall! provi"e the contrar!. 45N5RAL RUL5& 2he provisions of the "P# shall be supplementar' to special laws. 57C5P I8NS& Chen the special law provides otherwise Chen provision of the "P# are impossible of application Penalties Special Laws No scale of penalties. RPC Provisions on penalties cannot be applied to offenses under special laws. Punishable

#econd& Reasonable necessity of the means employed to pre#ent or repel it" Third& $ac% of sufficient pro#ocation on the part of the person defending himself. /. An!one who acts in "efense of the person or ri$hts of his spouse2 ascen"ants2 "escen"ants2 or le$itimate2 natural or a"opte" %rothers or sisters2 or of his relatives %! affinit! in the same "e$rees2 an" those %! consan$uinit! within the fourth civil "e$ree2 provi"e" that the first an" secon" reEuisites prescri%e" in the ne6t prece"in$ circumstance are present2 an" the further reEuisite2 in case the provocation was $iven %! the person attac#e"2 that the one ma#in$ "efense ha" no part therein. .. An!one who acts in "efense of the person or ri$hts of a stran$er2 provi"e" that the first an" secon" reEuisites mentione" in the first circumstance of this article are present an" that the person "efen"in$ %e not in"uce" %! reven$e2 resentment or other evil motive. +. An! person who2 in or"er to avoi" an evil or inCur!2 "oes an act which causes "ama$e to another2 provi"e" that the followin$ reEuisites are present& 2irst& &hat the e#il sought to be a#oided actually exists" #econd& &hat the in'ury feared be greater than that done to a#oid it" Third& &hat there be no other practical and less harmful means of pre#enting it. 3. An! person who acts in the fulfillment of a "ut! or in the lawful e6ercise of a ri$ht or office. *. An! person who acts in o%e"ience to an or"er issue" %! a superior for some lawful purpose. 9ustif!in$ Circumstances( 2he person is not a criminal- as there is no crime committed. 'ur"en of proof& #ircumstances are matter of defense and it is incumbent upon the accused to prove the 9ustif'ing circumstance claimed. PARA4RAPB ) S5LA;@5A5NS5& People vs. Alores& 2he plea of self;defense cannot be 9ustifiabl' entertained where it is not onl' uncorroborated b' an' separate competent evidence but in itself e3tremel' doubtful. :ncludes not onl' the defense of the person or body of the one assaulted but also that of his rights, the en9o'ment of which is protected b' law. R5IUISI 5S& 1$ 1nlawful aggression6 +$ "easonable necessit' of the means emplo'ed to prevent or repel it 3$ &ac5 of sufficient provocation on the part of the person defending himself "ights included: )efense of person )efense of right protected b' law )efense of propert' )efense of chastit' Unlawful A$$ression 2he presence of unlawful aggression is an indispensable re8uisite. :f there is no unlawful aggression- there is nothing to prevent or repel. 2he second re8uisite of defense will have no basis. People vs. Crisostomo& 2here is unlawful aggression when the peril to one8s life, limb or right is either actual or imminent. 2here must be actual ph'sical force or actual use of weapon. 1nlawful aggression presupposes an actual- sudden and une3pected attac5 or imminent danger thereof- and not merel' a threating or intimidating attitude. People v. 'autista: *ere belief of an impending attac5 is not sufficient. Retaliation is not self;"efense& 2he aggression that was begun b' the in9ured part' alread' ceased to e3ist when the accused attac5ed him. U.S. vs. Aerrer: :t is essential that the 5illing of the deceased b' the defendant be simultaneous with the attac5 made b' the

Attempte" or Arustrate" sta$es Penalt! for Accessor! or Accomplice Plea of 4uilt! as miti$atin$ circumstance

4eneral Rule& Not punishable 56ception& 1nless the special law provides a penalt'. 4eneral Rule& No rule of graduation of penalties 56ception& 1nless otherwise stated No

Nes

Nes

Provisions of RPC applica%le to special laws& Art. )*& Participation of Accomplices Art. //& "etroactivit' of Penal laws if favorable to the accused Art. +3& #onfiscation of instruments used in the crime JJJJJJJJJJJJJJJJJJJJ Chapter wo 9US IAFIN4 CIRCUMS ANC5S WBICB 575MP AR8M CRIMINAL LIA'ILI F erms Imputa%ilit!& Mualit' b' which an act ma' be ascribed to a person as its author or owner. Responsi%ilit!& @bligation of suffering the conse)uences of crime. 4uile& <lement of responsibilit'- for a man cannot be made to answer for the conse8uences of a crime unless he is guilt'. 9ustif!in$ Circumstances& Chere the act of a person 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 liabilit'. Article )). :ustifying circumstances. he followin$ "o not incur an! criminal lia%ilit!. ). An!one who acts in "efense of his person or ri$hts2 provi"e" that the followin$ circumstances concur& 2irst& nla!ful aggression"

P a g e | 11
deceased or at least both acts succeeded each other without appreciable interval of time& People vs. 4utierre>& :n order to constitute an element of self; defense- the unlawful aggression must come- directl' or indirectl'- from the person who was subse8uentl' attac5ed b' the accused. 1$ <vil sought to be avoided actuall' e3ists. +$ :n9ur' feared be greater than that done to avoid it. 3$ 2here be no other practical and less harmful means of preventing it. 2he greater evil should not be brought about b' the negligence or imprudence of the actor. 2he evil brought about the greater evil must not result from a violation of law b' the actor. :n the state of necessit'- there is civil liabilit' under this paragraph. PARA4RAPB 3 AULAILLM5N 8A @U F 8R LAWAUL 575RCIS5 8A RI4B 8R 8AAIC5& R5IUISI 5S& 1$ 2he accused acted in the performance of a dut' or in the lawful e3ercise of a right or office. +$ 2he in9ur' caused or the offense committed be the necessar' conse8uence of the due performance of dut' or the lawful e3ercise of such right or office. &awful e3ercise of right or office Art. +/1: 2he owner or lawful possessor of a thing has the right to e3clude an' person from the en9o'ment and disposal thereof. @octrine of Self;help& =e ma' use such force as ma' be reasonably necessary to repel or prevent an actual or threatened unlawful ph'sical invasion or usurpation of his propert'. PARA4RAPB * 8'5@I5NC5 8 AN 8R@5R ISSU5@ A8R S8M5 LAWAUL PURP8S5& R5IUISI 5S& 1$ An order has been issued b' a superior. +$ @rder must be for some lawful purpose. 3$ 2he means used b' the subordinate to carr' out said order is lawful. '8 B the person who $ives the or"er an" the person who e6ecutes it2 must %e actin$ within the limitations prescri%e" %! law. Chen the order is not for a lawful purpose- the subordinate who obe'ed it is criminall' liable. People vs. Mar$en& 2he order to torture the deceased was illegal, and the accused was not bound to obe' it. 57C5P I8N People vs. 'eronilla& Chen the accused acted upon orders of superior officers- which he- as militar' subordinate- could not 8uestion- and obe'ed the orders in good faith- !ithout being a!are of their illegality , without an' fault or negligence on his part- he is not liable because he had no criminal intent and he was not negligent. 575MP IN4 CIRCUMS ANC5S& 2hose grounds for e3emption from punishment because there is wanting in the agent of the crime an' of the conditions which ma5e the act voluntar' or negligent. #omplete absence of intelligence- freedom of action- or intent- or on the absence of negligence on the part of the accused. 2he one who acts b' virtue of an' of the e3empting circumstances commits a crime- although b' the complete absence of any of the conditions which constitute free !ill or #oluntariness of the act- no criminal lia%ilit! ma! arise.
Article )/. +ircumstances which exempt from criminal liability . he followin$ are e6empt criminal lia%ilit!. ). An im%ecile or an insane person2 unless the latter has acte" "urin$ a luci" interval. When the im%ecile or an insane person has committe" an act which the law "efines as a felon! , delito)2 the court shall or"er his confinement in one of the hospitals or as!lums esta%lishe" for persons thus afflicte"2 which he shall not %e permitte" to leave without first o%tainin$ the permission of the same court. /. A person un"er nine !ears of a$e). .. A person over 1 !ears of a$e an" un"er )32 unless he acte" with "iscernment2 in which case2 such minor shall %e
1

Reasona%le necessit! of the means emplo!e" to prevent or repel it (oth must be reasonable: 2here be a necessit' of the course of action ta5en b' the person ma5ing a defense 2he necessit' of the course of action ta5en depends on the e3istence of unlawful aggression. 2he place and occasion of the assault and the other circumstances must be considered 2here be a necessit' of the means used 2he means emplo'ed b' the person ma5ing a defense must be rationall' necessar' to prevent or repel an unlawful aggression. 2est of reasonableness of the means used: 2he nature and 8ualit' of the weapons 2here was no other available means :f there was other means- the one ma5ing a defense could not cooll' chose the less deadl' weapon to repel the aggression Ph'sical condition- character and si7e :nterpreted liberall' in favor of the law;abiding citi7ens Lac# of sufficient provocation on the part of the person "efen"in$ himself 2ests of presence of provocation No provocation at all was given to the aggressor b' the person defending himself6 or <ven if a provocation was given- it was not sufficient6 or <ven if the provocation was sufficient- it was not given b' the person defending himself6 or <ven if a provocation was given b' the person defending himself- it was not pro3imate and immediate to the act of aggression. 2he re8uisite refers e3clusivel' to the person defending himself. PARA4RAPB / @5A5NS5 of R5LA I=5S& "elatives that can be defended: %pouse Ascendants )escendants &egitimate- natural or adopted brothers and sisters- or relatives b' affinit' in the same degrees )eath of the spouse terminates the relationship b' affinit'unless the marriage has resulted in issue who is still living. "elatives b' consanguinit' within the 0th civil degree R5IUISI 5S& 1$ 1nlawful aggression +$ "easonable necessit' of the means emplo'ed to prevent or repel it6 3$ 0n case the provocation was given b' the person attac5ed- the one making a defense had no part therein& U.S. vs. 5sme"ia& 1nlawful aggression can be made to depend upon the honest belief of the one ma5ing a defense. PARA4RAPB . @5A5NS5 of S RAN45R& R5IUISI 5S& 1$ 1nlawful aggression +$ "easonable necessit' of the means emplo'ed to prevent or repel it6 3$ 2he person defending be not induced by revenge, resentment or other evil motive& Who are "eeme" stran$ers : An' person not included in the enumeration in paragraph +. PARA4RAPB + A=8I@ANC5 of 4R5A 5R 5=IL or IN9URF& R5IUISI 5S&

A child 1 'ears of age or under is <K<*P2 from criminal liabilit' under ".A. No. ,300 !Juvenile Justice and Celfare Act of +//.$.

P a g e | 1+

procee"e" a$ainst in accor"ance with the provision of Article <: of this Co"e. When such minor is a"Cu"$e" to %e criminall! irresponsi%le2 the court2 in conformit! with the provision of this an" the prece"in$ para$raph2 shall commit him to the care an" custo"! of his famil! who shall %e char$e" with this surveillance an" e"ucationD otherwise2 he shall %e committe" to the care of some institution or person mentione" in sai" Article <:/. +. An! person who2 while performin$ a lawful act with "ue care2 causes an inCur! %! mere acci"ent without fault or intention of causin$ it. 3. An! person who acts un"er the compulsion of an irresisti%le force. *. An! person who acts un"er the impulse of an uncontrolla%le fear of an eEual or $reater inCur!. 0. An! person who fails to perform an act reEuire" %! law2 when prevente" %! some lawful or insupera%le cause.

:mpliedl' repealed b' ".A. No. ,300

P a g e | 13
PARA4RAPB ) IM'5CILI F 8R INSANI F& 2he im%ecile is exempt in all cases from criminal liabilit'. 2he insane is not exempt if it can be shown that he acted during a lucid interval& IM'5CIL5: Chile advanced in age- has a mental development comparable to that of children between + and 4 'ears of age. INSAN5: 2o constitute insanit'- there must be complete depri#ation of intelligence while committing the act- that is- the accursed be deprived of reason6 that he acts !ithout the least discernment% or that there be a total depri#ation of the freedom of the will !People vs. Aormi$ones-. Proce"ure& Chin Ah Aoo vs. Concepcion& 2he court shall order his confinement and shall not be permitted to leave without first the permission of the court. (ut the court has no power to permit the insane person to leave the as'lum without first obtaining the opinion of the )irector of =ealth that he ma' be released without danger. People vs. 'ascos: 2he defense must prove that the accused was insane at the time of the commission of the crime- because the presumption is alwa's in favor of sanit'. People vs. 'onoan: :n order to ascertain a personFs mental condition at the time of the act- it is permissible to receive evidence of the condition of his mind during a reasonable period both before and after that time. )irect testimon' is not re8uiredor specific acts of derangement essential- to establish insanit' as a defense. 2o prove insanit'- circumstantial evidence- if clear and convincing- will suffice. 5vi"ence of insanit! *ust refer to the time preceding the act under prosecution or to the ver' moment of its e3ecution. :f the insanit' is onl' occasional or intermittent in its nature- the presumption of its continuance does not arise. PARA4RAPB / UN@5R 1 F5ARS 8A A45 ".A. No. ,300 raised the age of a%solute irresponsi%ilit! from , to 1 'ears of age. 'asis& <3empting circumstance of minorit' complete absence of intelligence PARA4RAPB . 8=5R 1 F5ARS AN@ UN@5R )3 AC IN4 WI B8U @ISC5RNM5N R.A. No. 1.++ repealed paragraph 3 declaring a child of 1 'ears of age or under e3empt from criminal liabilit'. Sec. *: =owever- the child shall be sub9ect to an intervention program pursuant to %ec. +/ of the Act. A child above 1 'ears but below 18 'ears of age shall li5ewise be e3empt from criminal liabilit' and be sub9ected to an intervention program- unless he has acted with discernment. P5RI8@S of criminal responsi%ilit! 1$ Age of absolute irresponsibility !infanc'$ , 'ears and below +$ Age of conditional responsibility between , and 1 'ears. 3$ Age of full responsibility 18 or over !adolescence$ to 4/ !maturit'$. 0$ 2he age of mitigated responsibility a. over , and under 1 - offender acting with discernment b. 1 or over but less than 18 c. @ver 4/ 'ears of age @ISC5RNM5N : "elates to the moral significance that a person ascribes to the said act and ma' be shown b': *anner of committing the crime #onduct of the offender ?acts from which age is presumed must be stated for the record. 2he child in conflict with the law shall en9o' the presumption of minorit'. An' person contesting the age of the child prior to the filing of the information in an' appropriate court ma' file a case in a summar' proceeding for the determination of age before the ?amil' #ourt which shall decide the case within +0 hours. PARA4RAPB + ACCI@5N WI B8U AAUL 8R IN 5N I8N 8A CAUSIN4 I ACCI@5N & something that happens outside the swa' of our will and although it comes about through some act of our will- lies beyond the bounds of humanl' foreseeable conse)uences& :f the conse8uences are plainl' foreseeable- it will be a case of negligence. 5L5M5N S& A person is performing a lawful act6 Cith due care6 =e causes an in9ur' to another b' mere accident6 Cithout fault or intention of causing it. 'asis& &ac5 of negligence and intent PARA4RAPB 3 IRR5SIS I'L5 A8RC5 IRR5SIS I'L5 A8RC5& A person is compelled b' means of force or violence to commit a crime. 5L5M5N S& 2he compulsion b' means of physical force& 2he ph'sical force must be irresistible. 2he ph'sical force must come from a third person& (efore a force can be considered to be an irresistible one- it must produce such an effect upon the individual that- in spite of all resistance, it reduces him to a mere instrument and incapable of committing a crime. 2he duress- force- fear or intimidation must be presentimminent and impending 2he compulsion must be of such a character as to leave no opportunit' to the accused for escape or self;defense in e8ual combat. 'asis& #omplete absence of freedom- an element of voluntariness PARA4RAPB * UNC8N R8LLA'L5 A5AR UNC8N R8LLA'L5 A5AR& A person is compelled to commit a crime b' another- but the compulsion is b' means of intimidation or threat, not force or violence. 5L5M5N S& 2he threat which causes the fear is of an evil greater than or at least e8ual to- that which he is re8uired to commit6 People vs. 5licanal& :t promises an evil of such gravit' and imminence that the ordinar' man would have succumbed to it. R5IUISI 5S& <3istence of an uncontrollable fear ?ear must be real and imminent ?ear of an in9ur' is greater than or at least e8ual to that committed. 'asis& #omplete absence of freedom GActus me in#ite factus non est meus actus.) An act done b' me against m' will is not m' act. PARA4RAPB 0 INSUP5RA'L5 CAUS5 INSUP5RA'L5 CAUS5& %ome motive- which has lawfull'morall' or ph'sicall' prevented a person to do what the law commands 5L5M5N S& An act is re8uired b' law to be done6 A person fails to perform such act6 =is failure to perform such act was due to some lawful or insuperable cause 'asis& 2he person acts without intent Affects the Nature of Act 56istence of crime Lia%ilit! 9ustif!in$ Act Act is considered 9ust and lawful. 2here is no crime. No criminal liabilit'. 56ception& Art. )),+-: necessit' and %tate civil of 56emptin$ Actor Act is wrongful but the actor is not criminall' liable Nes- but there is no liabilit' due to lac5 of voluntariness No criminal liabilit'. 56ceptions& Art. )/,+-& :n9ur' b' accident Art. )/,0-& &awful cause

A'S8LU 8RF CAUS5S& 2he act committed is a crime but for reasons of public polic' and sentiment there is no penalt' imposed. INS I4A I8N

P a g e | 10
2he instigator practicall' induces the will;be accused into the commission of the offense and himself becomes a co;principal. :nducement of an innocent person to commit a crime and would arrest him upon or after the commission of the crime. 2he instigator must be ac8uitted. 5N RAPM5N Ca's and means are resorted to for the purpose of trapping and capturing the law brea5er in the e3ecution of his criminal plan :t is not an absolutor' cause. :t is not a bar to the prosecution and conviction of the lawbrea5er. Complete "efenses in criminal cases 1. An' of the essential elements of the crime charged is not proved b' the prosecution and the elements provided do not constitute an' crime. +. 2he act of the accused falls under an' of the 9ustif'ing circumstances. 3. 2he case of the accused falls under an' of the e3empting circumstances. 0. 2he case is covered b' an' of the absolutor' causes: %pontaneous desistance during attempted stage and no crime under another provision if the #ode is committed. &ight felon' is onl' attempted or frustrated and is not against persons or propert'. 2he accessor' is a relative of the principal. &egal grounds for arbitrar' detention. &egal grounds for trespass. 2he crime of theft- swindling or malicious mischief is committed against a relative. Chen onl' slight or less serious ph'sical in9uries are inflicted b' the person who surprised his spouse or daughter in the act of se3ual intercourse with another person. *arriage of the offender with the offended part' when the crime committed is rape- abduction- seduction- or acts of lasciviousness. :nstigation . Auilt of the accused not established be'ond reasonable doubt. .. Prescription of crimes. 4. Pardon b' the offended part' before the institution of criminal action in crime against chastit'. MI I4A IN4 CIRCUMS ANC5S :f present in the commission of the crime- do not entirel' free the actor from criminal liabilit'- but serve onl' to reduce the penalt' 'asis: 2he diminution of either freedom of action- intelligence- or intent- or on the lesser perversit' of the offender CLASS5S MI I4A IN4 CIRCUMS ANC5S 1. 8r"inar! miti$atin$ Article 13- subsections 1 to 1/ /. Privile$e" miti$atin$ Applicable onl' to particular crimes Boluntar' release of the person illegall' detained within 3 da's without the offender attaining his purpose and before the institution of criminal actions. Abandonment without 9ustification of the spouse who committed adulter'. Art. .8: Penalty to be imposed upon a person under -; years of age #ase falls under the provisions of the Juvenile Justice and Celfare Act "ules: A person under 1 and a person over 1 and under 18 who acted without discernment- are e3empt from criminal liabilit'6 A person over 1 and under 18 who acted with discernment- the penalt' ne3t lower than the prescribed b' law shall be imposed- but alwa's in the proper period Art. .,: Penalty to be imposed when the crime committed is not wholly excusable Art. .0: !ules for the application of penalties which contain three periods .. @istinctions @rdinar' mitigating can be offset b' an' aggravating circumstance6 privileged mitigating cannot be offset b' aggravating circumstance. @rdinar' mitigating- if not offset- produces onl' the effect of appl'ing the penalt' provided b' law for the crime in its minimum period- in case of divisible penalt'6 Privileged mitigating produces the effect of imposing upon the offender the penalt' lower b' one or two degrees than that provided b' law for the crime. 8ffset %! an! A$$ravatin$ Circumstance 5ffect on penalt! Privile$e" Miti$atin$ No: #annot be offset Penalt' imposed will be 1 or + degrees lower than that provided b' law. 8r"inar! Miti$atin$ Nes: (' a A<N<":# aggravating circumstance :f not offset- imposing the minimum period of the penalt'.

A$e K )3 !ears )3L and L)<

Minor @elinEuent )<K and K0: M0:

Criminal Responsi%ilit! Absolute irresponsibilit': <3empting circumstance #onditional responsibilit': !a$ Not criminall' liable when child acted without discernment !b$ #riminall' liable when child acted with discernment %entence is suspended. ?ull "esponsibilit' *itigated responsibilit': No imposition of death penalt'e3ecution of death sentence ma' be suspended and commuted.

Article ).. <itigating circumstances. he followin$ are miti$atin$ circumstances& ). hose mentione" in the prece"in$ chapter2 when all the reEuisites necessar! to Custif! the act or to e6empt form criminal lia%ilit! in the respective cases are not atten"ant. /. hat the offen"er is un"er )< !ears of a$e or over 0: !ears. In the case of the minor2 he shall %e procee"e" a$ainst in accor"ance with the provision of Article <:.N . .. hat the offen"er ha" no intention to commit so a $rave a wron$ as that committe". +. hat sufficient provocation or threat on the part of the offen"e" part! imme"iatel! prece"e" the act. 3. hat the act was committe" in the imme"iate vin"ication of a $rave offense to the ones committin$ the felon! , delito), his spouse2 ascen"ants2 "escen"ants2 le$itimate2 natural or a"opte" %rothers or sisters2 or relatives %! affinit! within the same "e$rees. *. hat of havin$ acte" upon an impulse so powerful as naturall! to have pro"uce" passion or o%fuscation. 0. hat the offen"er ha" voluntaril! surren"ere" himself to a person in authorit! or his a$ents2 or that he ha" voluntaril! confesse" his $uilt %efore the court prior to the presentation of the evi"ence for the prosecution. <. hat the offen"er is "eaf an" "um%2 %lin"2 or otherwise sufferin$ some ph!sical "efect which thus restricts his means of action2 "efense2 or communication with this fellow %ein$s. 1. Such illness of the offen"er as woul" "iminish the e6ercise of the will;power of the offen"er without however "eprivin$ him of consciousness of his acts. ):. An"2 finall!2 an! other circumstances of a similar nature an" analo$ous to those a%ove;mentione" PARA4RAPB ) Circumstances of Custification or e6emption which ma! $ive place to miti$ation

:mpliedl' repealed b' ".A. No. ,300. A child above 1 but below 18 who acted without discernment ma' be e3empt from criminal liabilit'.

Page |1
#ircumstances of 9ustification or e3emption which ma' give place to mitigation- because not all the re8uisites to 9ustif' the act or to e3empt from criminal liabilit' are attendant: 1$ %elf;defense +$ )efense of relatives 3$ )efense of stranger 0$ %tate of necessit' $ Performance of dut' .$ @bedience to order of superior 4$ *inorit' over , and under 1 'ears of age 8$ #ausing in9ur' b' mere accident ,$ 1ncontrollable fear Art. )/ ,pars. )O/- cannot give place to mitigation because the mental condition of a person is indivisible and there is no middle ground between sanit' and insanit' and between presence and absence of intelligence. When all the reEuisites necessar! to Custif! the act are not atten"ant 1$ :ncomplete self;defense- defense of relatives and defense of stranger Unlawful a$$ression MUS %e present in these 3 classes because it is an indispensable re8uisite. Chat is absent is either one or both of the last + re8uisites. Chen + of the 3 re8uisites are present- the case should be considered as privile$e" miti$atin$ circumstance referred to in Art. ., because majority of the conditions re8uired to 9ustif' the act are present +$ :ncomplete 9ustif'ing circumstance of avoidance of greater evil or in9ur' :f an' of the last two re8uisites is absent- there is onl' a mitigating circumstance. 3$ :ncomplete 9ustif'ing circumstance of performance of dut' People vs. 8anis& 2here is no ordinar' mitigating circumstance under Art. 13!1$ when the 9ustif'ing or e3empting circumstance has two re8uisites onl'. 0$ :ncomplete 9ustif'ing circumstance of obedience to an order When all the reEuisites necessar! to e6empt from criminal lia%ilit! are not atten"ant 1$ :ncomplete e3empting circumstance of minorit' over , and under 1 'ears of age :f the minor acted with discernment- he is entitled to a mitigating circumstance. 2he case of the minor is covered b' Art. .8. +$ :ncomplete e3empting circumstance of accident :f the re8uisites of Ddue careG and Dwithout faultG are absentthe case will fall under Art. .*3 which punishes a felon' b' negligence or imprudence. 2he penalt' is lower than that provided for in intentional felon'. 3$ :ncomplete e3empting circumstance of uncontrollable fear 2here is onl' a mitigating circumstance. PARA4RAPB / hat the offen"er is un"er )< !ears of a$e or over 0: !ears :mpliedl' repealed b' R.A. N8. 1.++: 9uvenile 9ustice O Welfare Act of /::* (*& A child above 1 but below 18 'ears shall be e6empt from criminal liabilit' unless the child has acted with discernment. :f the offender acted with discernment- the child shall undergo diversion programs !#hapter + of "A ,300$. @etermination of A$e of Chil" in Conflict with the Law 2he child shall en9o' the presumption of minorit' until heEshe is proven to be 18 'ears old or older. 2he age ma' be determined from the childFs birth certificatebaptismal certificate or an' other pertinent documents. :n the absence of these documents- age ma' be based on information from the child- testimonies of other persons- the ph'sical appearance of the child and other relevant evidence. An' person contesting the age of the child prior to the filing of the information ma' file a case in a summar' proceeding for the determination of age before the ?amil' #ourt which shall decide the case within +0 hours from receipt of the pleading. :f a case has been filed against the child and is pending- the person shall file a motion to determine the age of the child in the same court where the case is pending. Proceedings on the main case shall be suspended. @iversion an" @iversion Pro$ram @iversion O>0!9$P: An alternative- child;appropriate process of determining the responsibilit' and treatment of a child in conflict with the law on the basis of hisEher social- culturaleconomic- ps'chological- or educational bac5ground without resulting to formal court proceedings. @iversion Pro$ram O>0!9$P& Program that the child is re8uired to undergo after heEshe is found responsible for an offense without resorting to formal court proceedings. S!stem of @iversion Con"itions& a$ Imposa%le penalt! is not more than * !ears imprisonment& the law enforcement office or Punong (aranga' with the assistance of the social welfare and development officer or other members of the &ocal #ouncils for the Protection of #hildren shall conduct mediation- famil' conferencing and conciliation with a view to accomplishing the ob9ectives of restorative 9ustice and the formulation of a diversion program. 2he child and hisEher famil' shall be present. b$ In victimless crimes where the imposa%le penalt! is not more than * !ears of imprisonment& the local social welfare and development officer shall meet with the child and hisEher parents for the development of the appropriate diversion and rehabilitation program- in coordination with the (aranga' #ouncil for the Protection of #hildren !(#P#$. c$ Imposa%le penalt! e6cee"s * !ears imprisonment : )iversion measures ma' be resorted to onl' b' the court !>+3$. (/+: )iversion ma' be conducted at the Latarungang Pambaranga'- the police investigation or the in8uest or preliminar' investigation state and at all levels and phases of the proceedings- including 9udicial level. (/3: A child in conflict with the law ma' undergo conferencingmediation or conciliation outside the criminal 9ustice s'stem or prior to his entr' into said s'stem. A contract of diversion ma' be entered into during such conferencing- mediation or conciliation proceedings. (/* Contract of @iversion: :f the child voluntaril' admits the commission of the act- a diversion program shall be developed as determined under >3/. 2he admission shall not be used against the child in an' subse8uent proceedings. 2he acceptance shall be in writing and sighed b' the parties concerned. 2he diversion proceedings shall be completed within 0 da's. 2he period of prescription of the offense shall be suspended until the completion of the diversion proceedings- but not to e3ceed 0 da's. 2he child shall present himself to the competent authorit' that imposed the program at least once a month for reporting and evaluation. ?ailure to compl' shall give the offended part' the option to institute the option to institute the appropriate legal action. 2he period of prescription of the offense shall be suspended during the effectivit' of the diversion program- but not e3ceeding a period of + 'ears. (/0: :f the offense does not fall under the categories or if the child or hisEher parents does not consent to a diversion- the Punong (aranga' handling the case shall- within 3 da's from determination of the absence of 9urisdiction over the case or termination of the diversion proceeding- forward the records of the case to the law enforcement officer or the appropriate court. (/<: 2he document transmitting said record shall displa' the word D#=:&)G in bold letters. hat the offen"er is over 0: !ears of a$e is 8NLF a 45N5RIC miti$atin$ circumstance 2wo cases where the fact that the offender is 4/ 'ears of age had the effect of a privileged mitigating circumstance: Chen he committed an offense punishable b' death- that penalt' shall not be imposed !Art. 04$. Chen the death sentence is alread' imposed- it shall be suspended and commuted !Art. 83$.

P a g e | 1.
:n the two cases- the penalt' of death will have to be lowered to life imprisonment. PARA4RAPB . hat the offen"er ha" no intention to commit so $rave a wron$ as that committe" U.S. vs. Re!es: 2he circumstance can be ta5en into account @N&N when the facts proven show that there is a notable and evident disproportion between the means emplo'ed to e3ecute the criminal act and its conse8uences. :ntention- being an internal state- must be 9udged b' e3ternal acts :ntention: at the moment when he is committing the crime Ceapon used :n9ur' inflicted: whether aimed at a vital part of the bod' Chen the offender emplo'ed brute force- there is no mitigating circumstance. People vs. A%ue$ !A.". No. &; 0,/1$& &ac5 of intention to commit so grave a wrong is mitigating in robber' with homicide. People vs. 5nriEue> ! 8 Phil 3.$: *urder results from the presence of 8ualif'ing circumstances based upon the manner in which the crime was committe" and not upon the state of mind of the accused. 2he mitigating circumstance that the offender had no intention to commit so grave a wrong as that committed is based on the state of mind of the offender. =ence- there is no incompatibilit' between evident premeditation or treacher'- which refers to the manner of committing the crime and this mitigating circumstance. 2here is no mitigation in the following cases: *urder 8ualified b' treacher' Ph'sical in9uries6 but it is mitigating when the victim dies ?elonies b' negligence )efamation or slander PARA4RAPB + hat sufficient provocation or threat on the part of the offen"e" part! imme"iatel! prece"e" the act PR8=8CA I8N& An' un9ust or improper conduct or act of the offended part'- capable of e3citing- inciting or irritating an' one. R5IUISI 5S& 1$ Provocation must be SUAAICI5N +$ :t must 8RI4INA 5 from the 8AA5N@5@ PAR F 3$ Provocation must be IMM5@IA 5 to the act Sufficient provocation depends upon the act constituting the provocation- the social standing of the person provo5ed- the place and the time when the provocation is made. Sufficient Provocation as incomplete self;"efense& Absence on the part of the person defending himself Sufficient Provocation as Miti$atin$ Circumstance& Presence on the part of the offended part' Provocation must %e imme"iate to the commission of the crime 2here should not be an' interval of time. 2hreat immediatel' preceded the act- but the threat should not be offensive and positivel' strong. :f it is- the threat is considered as an unlawful aggression which ma' give rise to self;defense. PARA4RAPB 3 hat the act was committe" in the imme"iate vin"ication of a $rave offense to the one committin$ the felon!2 his spouse2 ascen"ants2 "escen"ants2 le$itimate2 natural or a"opte" %rothers or sisters2 or relatives %! affinit! within the same "e$rees R5IUISI 5S& 1$ A"AB< @??<N%< done to the one committing the felon' +$ 2he felon' is committed in vindication of such grave offense. A &AP%< @? 2:*< is allowed between the vindication and the doing of the grave offense. Provocation =in"ication *ade directl' onl! to the person committing the felon' 2he cause that brought about the provocation nee" not be a grave offense. :t is necessar' that the provocation or threat imme"iatel! preceded the act Arave offense ma' be committed against the offenderFs relatives @ffended part' must have done a $rave offense to the offender or his relatives 2he vindication of the grave offense ma' be pro6imate- which admits of an interval of time between the grave offense done b' the offended part' and the commission of the crime b' the accused. 5S & Chether or not a certain personal offense is grave must be decided considering the social standing of the person- the place and the time when the insult was made. 2he provocation should be proportionate to the damage caused b' the act and ade8uate to stir one to its commission. PARA4RAPB * hat of havin$ acte" upon an impulse so powerful as naturall! to have pro"uce" passion or o%fuscation U.S. vs. Salan"anan& Chen there are causes naturall' production in a person powerful e3citement- he loses his reason and self;control- thereb' diminishing the e3ercise of his will power. Bindication of a grave offense and passion or obfuscation cannot be counted separatel' and independentl'. 57C5P I8N: Chere there are other facts- although closel' connected with the fact upon which one circumstance is premised- the other circumstance ma' be appreciated as based on the other fact. Passion and obfuscation cannot co;e3ist with: 2reacher': %ince this means that the offender had time to ponder his course of action. <vident premeditation: <ssence of premeditation is that the e3ecution of the criminal act must be preceded b' calm thought and reflection upon the resolution to carr' out the criminal intent. R5IUISI 5S& 1$ 2he accused acted upon an IMPULS5. +$ 2he IMPULS5 must be so P8W5RAUL that it naturall' produced passion or obfuscation. Passion or obfuscation ma' constitute a mitigating circumstance @N&N when the same arose from a LAWAUL S5N IM5N S. :t is not mitigating when the act is committed in the spirit of lawlessness or revenge. 2here should be an act- both 1N&AC?1& and %1??:#:<N2 2@ P"@)1#< such a condition of mind. People vs. La!son& ?or the circumstance to e3ist- it is necessar' that the act which gave rise to the obfuscation be not removed from the commission of the offense b' a considerable length of time- during which period the perpetrator might recover his normal e8uanimit'. Provocation and obfuscation arising from one and the same cause should be treated as onl' one mitigating circumstance. Passion or 8%fuscation *itigating circumstance #annot give rise to an irresistible force because no force is re8uired ?rom the offender himself *ust arise from lawful sentiments Passion or 8%fuscation Irresisti%le Aorce <3empting circumstance "e8uires ph'sical force *ust come from a third person 2he irresistible force is unlawful Provocation

Produced b' an impulse which #omes from the in9ured part' ma' be caused b' provocation @ffense which engenders *ust immediatel' precede the perturbation of mind need not commission of the crime be immediate <ffect is the loss of reason and self;control on the part of the offender PARA4RAPB 0 hat the offen"er ha" voluntaril! surren"ere" himself to a person in authorit! or his a$ents2 or that he ha" voluntaril! confesse" his $uilt %efore the court prior to the presentation of the evi"ence for the prosecution 2wo mitigating circumstances are provided: 1$ Boluntar' surrender to a person in authorit' or his agents +$ Boluntar' confession of guilt before the court prior to the presentation of evidence for the prosecution

P a g e | 14
Chen both are present- the' have the effect of mitigating as two independent circumstances. R5IUISI 5S =8LUN ARF SURR5N@5R& 1$ 2he offender had not been actuall' arrested +$ 2he offender surrendered himself to a person in authorit' or to the latterFs agent 3$ 2he surrender was voluntar' =oluntariness of Surren"er *pontaneous in such a manner that it shows the interest of the accused to surrender unconditionall' to the authorities because he ac%no!ledges his guilt or because he !ishes to save them the trouble incurred in his search and capture Boluntar' surrender does not simpl' mean non;flight. 2he law does not re8uire that the surrender be prior to the order of arrest. 2he surrender must be b' reason of the commission of the crime for which the defendant is prosecuted. Surren"er throu$h an interme"iar!& 2he accused surrendered through the mediation of his father before an' warrant of arrest had been issued !People vs. )ela #ru7$. RPC does not ma5e an' distinction among the various moments when the surrender ma' occur. R5IUISI 5S PL5A 8A 4UIL & 1$ 2he offender spontaneously confessed his guilt +$ 2he confession of guilt was made in open court, before the competent court that is to tr' the case 3$ #onfession of guilt was made prior to the presentation of evidence for the prosecution Please must be made before trial begins 2he charge of plea should be made at the first opportunit'. Plea of not guilt' at the preliminar' investigation !*2#$ is no plea at all. 2he accused could claim his plea of guilt' in the "2# as mitigating circumstance. Cithdrawal of plea of not guilt' and pleading guilt' before presentation of evidence b' prosecution is still mitigating. Plea of guilt' is not mitigating in the following cases: Plea of guilt' on appeal #onditional or 8ualified plea of guilt' Plea of guilt' to lesser offense than that charged #ulpable felonies #rimes punished b' special laws: #ourt shall e3ercise its sound discretion because the penalt' prescribed b' specials laws is usuall' not divisible into three periods. #onfession of guilt must be made in open court <3tra9udicial confession is not voluntar' confession which the #ode contemplates. People vs. Lacson !A.". No. &;33/./$: 2he trial court should determine whether the accused reall' and trul' comprehended the meaning- full significance and conse8uences of his plea and that the same was voluntaril' and intelligentl' entered or given b' the accused. Rule ))*2 (.& Chere the accused pleads guilt' to a capital offense- that court shall conduct a searching in8uir' into the voluntariness and full comprehension of the conse8uences of his plea and shall re)uire prosecution to prove his guilt and the precise degree of culpability& 2he accused ma' present evidence in his behalf. Auidelines in the conduct of a searching in8uir' are as follows: 1. Ascertain from the accused himself !a$ how he was brought into the custod' of the law6 !b$ whether he had the assistance of a competent counsel during the custodial and preliminar' investigation6 and !c$ under what conditions he was detained and interrogated during the investigations. +. As5 the defense counsel a series of 8uestions as to whether he had conferred with- and completel' e3plained to the accused the meaning and conse8uences of a plea of guilt'. 3. <licit information about the personalit' profile of the accused- such as his age- socio;economic status- and educational bac5ground- which ma' serve as a trustworth' inde3 of his capacit' to give a free and informed plea of guilt'. 0. :nform the accused of the e3act length of imprisonment or nature of the penalt' under the law and the certaint' that he will serve such sentence. . :n8uire if the accused if he 5nows the crime with which he is charged and to full' e3plain to him the elements of the crime which is the basis of his indictment. .. All 8uestions posed to the accused should be the language 5nown and understood b' the latter. 4. 2he trial 9udge must satisf' himself that the accused- in pleading guilt' is trul' guilt'. 2he accused must be re8uired to narrate the traged' or reenact the crime or furnish its missing details. PARA4RAPB < hat the offen"er is "eaf an" "um%2 %lin" or otherwise sufferin$ from some ph!sical "efect which thus restricts his means of action2 "efense2 or communication with his fellow %ein$s 2he paragraph does not distinguish between educated and uneducated deaf;mute or blind persons. 'asis& 2he fact that one does not have complete freedom of action and there is a diminution of that element of voluntariness. PARA4RAPB 1 Such illness of the offen"er as woul" "iminish the e6ercise of the will;power of the offen"er without however "eprivin$ him of consciousness of his acts R5IUISI 5S& 1$ 2he illness of the offender must diminish the e3ercise of his will;power +$ %uch illness should not deprive the offender of consciousness of his acts Chen the offender completel' lost the e3ercise of will;power- it ma' be an e3empting circumstance. 2he legal provision refers onl' to diseases of pathological state that trouble the conscience or will. :llness of the bod'- the mind, the nerves, or the moral faculty& 'asis& )iminution of intelligence and intent PARA4RAPB ): An! other circumstance of a similar nature an" analo$ous <3amples: @ver ./ 'ears old with failing sight @utraged feeling of owner of animal ta5en for ransom is analogous to vindication of a grave offense @utraged feeling of creditor is similar to passion and obfuscation :mpulse of 9ealous feeling *anifestations of (attered Cife %'ndrome are analogous to an illness that diminishes the e3ercise of will power 2estif'ing for the prosecution *itigating circumstances which are personal to the offenders: 2hose arising from: 2he moral attributes of the offender =is private relations with the offended part' An' other personal cause %hall onl' serve to mitigate the liabilit' of the principalsaccomplices and accessories as to whom such circumstances are attendant. #ircumstances which are neither e3empting nor mitigating: 1$ *ista5e in the blow for under Art. 08- there is a comple3 crime committed. +$ *ista5e in the identit' of the victim. 3$ <ntrapment of the accused. 0$ 2he accused is over 18 'ears of age. $ Performance of righteous action- no matter how meritorious it ma' be is not 9ustif'ing- e3empting- or mitigating in the commission of wrongs. 2he person is still criminall' liable. A44RA=A IN4 CIRCUMS ANC5S #ircumstances that if attendant in the commission of the crimewill serve to increase the penalt' without- however- e3ceeding the ma3imum of the penalt' provided b' law for the offense. 'asis: Areater perversit' of the offender manifested in the commission of the felon' as shown b': 1$ *otivating power itself +$ Place of commission 3$ *eans and wa's emplo'ed 0$ 2ime $ Personal circumstances of the offender or of the offended part'

P a g e | 18
?in"s of A$$ravatin$ Circumstances& 1$ 4eneric& Aenerall' appl' to all crimes <3ample: dwelling- nighttime or recidivism +$ Specific& Appl' onl' to particular crimes <3ample: :gnomin' in crimes against chastit' or cruelt' and treacher' in crimes against persons. 3$ Iualif!in$& #hange the nature of the crime <3ample: Alevosia or evident premeditation 8ualifies the 5illing of a person to murder. 0$ Inherent& 2hose that must of necessit' accompan' the commission of the crime <3ample: <vident premeditation is inherent in robber'- theftestafa- adulter' and concubinage. Iualif!in$ A$$ravatin$ 5AA5C : Aive the crime proper and e3clusive name 4eneric A$$ravatin$ #ircumstances not offset b' an' mitigating circumstance will increase the penalt' which should be imposed to the ma3imum period- without e3ceeding the limit prescribed b' law. 8AAS5 & #annot be offset b' a *a' be compensated b' a mitigating circumstance mitigating circumstance. A 8ualif'ing aggravating circumstance must be alleged in the information. :f not alleged- it is a generic aggravating circumstance onl'. its Article )+. "ggravating circumstances. he followin$ are a$$ravatin$ circumstances& ). hat a"vanta$e %e ta#en %! the offen"er of his pu%lic position. /. hat the crime %e committe" in contempt of or with insult to the pu%lic authorities. .. hat the act %e committe" with insult or in "isre$ar" of the respect "ue the offen"e" part! on account of his ran#2 a$e2 se62 or that it %e committe" in the "wellin$ of the offen"e" part!2 if the latter has not $iven provocation. +. hat the act %e committe" with a%use of confi"ence or o%vious un$ratefulness. 3. hat the crime %e committe" in the palace of the Chief 56ecutive2 or in his presence2 or where pu%lic authorities are en$a$e" in the "ischar$e of their "uties or in a place "e"icate" to reli$ious worship. *. hat the crime %e committe" in the ni$httime or in an uninha%ite" place2 or %! a %an"2 whenever such circumstances ma! facilitate the commission of the offense. Whenever more than three arme" malefactors shall have acte" to$ether in the commission of an offense it shall %e "eeme" to have %een committe" %! a %an". 0. hat the crime %e committe" in the occasion of confla$ration2 shipwrec#2 earthEua#e2 epi"emic2 or other calamit! or misfortune. <. hat the crime %e committe" with the ai" of arme" men or persons who insure or affor" impunit!. 1. hat the accuse" is a reci"ivist. A reci"ivist is one who2 at the time of his trial for one crime2 shall have %een previousl! convicte" %! final Cu"$ment of another crime em%race" in the same title of this Co"e. ):. hat the offen"er has %een previousl! punishe" for an offense to which the law attaches an eEual or $reater penalt! or for two or more crimes to which it attaches a li$hter penalt!. )). hat the crime %e committe" in consi"eration of a price2 rewar"2 or promise. )/. hat the crime %e committe" %! means of inun"ation2 fire2 poison2 e6plosion2 stran"in$ of a vessel or intentional "ama$e thereto2 "erailment of a locomotive2 or %! the use of an! other artifice involvin$ $reat waste an" ruin. ).. hat the act %e committe" with evi"ent preme"itation. )+. hat the craft2 frau"2 or "is$uise %e emplo!e". )3. hat a"vanta$e %e ta#en of superior stren$th2 or means emplo!e" to wea#en the "efense. )*. hat the act %e committe" with treacher! , ale#osia). here is treacher! when the offen"er commits an! of the crimes a$ainst the person2 emplo!in$ means2 metho"s or forms in the e6ecution thereof which ten" "irectl! an" speciall! to insure its e6ecution2 without ris# to himself arisin$ from the "efense which the offen"e" part! mi$ht ma#e.

)0. hat means %e emplo!e" or circumstances %rou$ht a%out which a"" i$nomin! to the natural effects of the act. )<. hat the crime %e committe" after an unlawful entr!. here is unlawful entr! when an entrance is effecte" %! a wa! not inten"e" for the purpose. )1. hat as a means to the commission of a crime a wall2 roof2 floor2 "oor2 or win"ow %e %ro#en. /: hat the crime %e committe" with the ai" of person un"er )3 !ears of a$e2 or %! means of motor vehicle2 airships2 or other similar means. /). hat the wron$ "one in the commission of the crime %e "eli%eratel! au$mente" %! causin$ other wron$ not necessar! for its commission. Aeneric aggravating circumstance- even if not alleged in the information ma' be proved over the ob9ection of the defense. *erel' forms part of the proof of the actual commission of the offense )oes not violate the constitutional right of the accused to be informed of the nature and cause of the accusation against him. Mualif'ing aggravating circumstance must be alleged in the information because it is an integral part of the offense. PARA4RAPB ) hat a"vanta$e %e ta#en %! the offen"er of his pu%lic position R5IUISI 5S& 1$ 2he offender is a public officer. +$ 2he officer must use the influence- prestige or ascendanc' which his office gives him as the means b' which he reali7es his purpose. 2here must be proof that the accused too5 advantage of his public position. ?ailure in official duties is tantamount to abusing of office. :t is not aggravating when it is integral element of- or inherent in the offense Art. +14: *alversation Art. 141: ?alsification of document Arts. +/0;+0 : #rimes committed b' public officers :t is not aggravating if the accused could have perpetrated the crime without occup'ing the position PARA4RAPB / hat the crime %e committe" in contempt of or with insult to pu%lic authorities (asis: &ac5 of respect for the public authorities R5IUISI 5S& 1$ 2he public authorit' is engaged in the e3ercise of his functions +$ =e who is thus engaged in the e3ercise of said functions is not the person against whom the crime is committed 3$ 2he offender 5nows him to be a public authorit'. 0$ =is presence has not prevented the offender from committing the criminal act. PU'LIC AU B8RI F Person in authorit' and one who is directl' vested with 9urisdiction Public officer who has the power to govern and e3ecute the laws :t is not applicable when the crime is committed in the presence of an agent onl'. A45N & subordinate public officer charged with maintenance of public order and protection and securit' of life and propert' 2he crime should not be committed against the public authorit'. :f the crime is committed directl' against the officer- then the offender commits direct assault !Art. 108$. Lnowledge that a public authorit' is present is <%%<N2:A& because the lac5 of 5nowledge indicates lac5 of intention to insult the public authorit'. PARA4RAPB . hat the act %e committe" ,)- with insult or in "isre$ar" of the respect "ue the offen"e" part! on account of his ,aran#2 ,%- a$e2 or ,c- se6 or ,/- that it %e committe" in the "wellin$ of the offen"e" part!2 if the latter has not $iven provocation

P a g e | 1,
'asis& Areater perversit' of the offender- as shown b' the personal circumstances of the offended part' and the place of the commission of the crime& 2wo acts contemplated b' the paragraph: 2he act committed 1$ Cith insult or in disregard of the respect due the offended part' on account of his !a$ ran5- !b$ age or !c$ sec +$ :n the dwelling of the offended part'- if the latter has not given provocation. 2here are four circumstances are present which can be considered single or together. :f all the four are present- the' have the weight of @N< aggravating circumstance onl'. 2he circumstance !ran5- age or se3$ is applicable @N&N in crimes against person or honor. GWI B INSUL 8R IN @ISR54AR@H 2here must be evidence that in the commission of the crime- the accused deliberatel' intended to offend or insult the se3 or age of the offended part'. RAN?2 A45 8R S57& Proof of fact of disregard and deliberate intent to insult is re8uired. RAN?& 2he designation or title of distinction conferred upon an officer in order to fi3 his relative position in reference to other officers in matters of privileges- precedence and sometimes of command. 2here must be a difference in the social condition of the offender and the offended part'. A45& Applies in cases where the victim is of tender age as well as of old age. :t cannot be considered in crimes against propert'. S57& "efer to the female se3- not to the male se3 :n certain circumstances- it is absorbed in treacher'. 2he circumstance is not applica%le in certain cases: Chen the offender acted with passion and obfuscation Chere there e3ists a relation between the offended part' and the offender Chen the condition of being a woman is indispensable in the commission of the crime. <3amples: !a$ parricide- !b$ rape- !c$ abduction- or !d$ seduction GCRIM5 '5 C8MMI 5@ IN B5 @W5LLIN4H 'asis& 1$ 2he abuse of confidence which the offended part' reposed in the offender b' opening the door to him +$ Biolation of the sanctit' of the home and privac' the law accords to human abode @W5LLIN4 must be a building or structure- exclusively used for rest and comfort. :t includes dependencies- the foot of the staircase and enclosure under the house. People vs. Ma$na!e& A combination of house and store or a mar5et stall where the victim slept is not a dwelling. 2he offended part' must not have given provocation to the offender. *eaning of provocation: Aiven b' the owner of the dwelling %ufficient :mmediate to the commission of the crime <ven if the offender "i" not enter the "wellin$ - the circumstance applies. :t is enough that the victim was attac5ed inside his own house- although the assailant ma' have devised means to perpetrate the assault from without. <ven if the 5illing too5 place outside the dwelling- it is aggravating provided that the commission of the crime was %e$un in the "wellin$. <3amples: abduction or illegal detention )welling is not aggravating in the following cases: Chen both offender and offended part' are occupants of the same house. "obber' is committed b' the use of force upon things& #rime of trespass to dwelling !inherent$ )welling cannot be included in treacher'. :t is aggravating when adulter' is committed in the dwelling of the husband: Cife violated the respect due to the con9ugal home PARA4RAPB + hat the act %e committe" with ,)- a%use of confi"ence or ,/- o%vious un$ratefulness A'US5 8A C8NAI@5NC5 R5IUISI 5S& 1$ @ffended part' had trusted the offender +$ @ffender abused such trust b' committing a crime against the offended part' 3$ 2he abuse of confidence facilitated the commission of the crime (etra'al of confidence is not aggravating. 2he confidence between the offender and the offended part' must be immediate and personal. :nherent in cases of: malversation- 8ualified theft- estafa b' conversion or misappropriation and 8ualified seduction. UN4RA 5AULN5SS R5IUISI 5S& 1$ @ffended part' had trusted the offender +$ @ffender abused such trust b' committing a crime against the offended part' 3$ 2he act of ungratefulness was committed 2he ungratefulness must %e o%vious manifest an" clear. PARA4RAPB 3 hat the crime %e committe" in the palace of the Chief 56ecutive2 or in his presence2 or where pu%lic authorities are en$a$e" in the "ischar$e of their "uties2 or in a place "e"icate" to reli$ious worship 'asis& Areater perversit'- as shown b' the place of the commission of the crime- which must be respected PAR. 3& Place where pu%lic PAR. /& Contempt or insult to authorities are en$a$e" in the pu%lic authorities "ischar$e of their "uties '8 B& Public authorities are in the performance of their duties. Public authorities who are in the Public authorities are performing performance of their duties must their duties outside their office. be in their office. 2he public authorit' ma' be the Public authorit' should not be the offended part'. offended part'. Place where PU'LIC AU B8RI I5S are en$a$e" in the "ischar$e of their "uties 2he circumstance shall be appreciated regardless of whether %tate or official or religious functions are being held. 2here *1%2 be some performance of public functions. Place "e"icate" to R5LI4I8US W8RSBIP: 2he crime occurred in a place dedicated to the worship of Aod- regardless of religion. 2he offender must have decided to commit the offense when he entered the place of worship. #emeteries are not dedicated to the worship of Aod. PARA4RAPB * hat the crime %e committe" ,)- in the ni$httime2 or ,/- in an uninha%ite" place2 or ,.- %! a %an"2 whenever such circumstance ma! facilitate the commission of the offense. 'asis& 2ime and place of the commission of the crime and the means and wa's emplo'ed. Chen are the' aggravatingH 1$ Chen it facilitated the commission of the crime6 or +$ Chen especiall' sought for b' the offender to insure the commission of the crime or for the purpose of impunit' 3$ Chen the offender too5 advantage thereof for the purpose of impunit' NI4B IM5& Period of dar5ness beginning at end of dus5 and ending at dawn. Nights are from sunset to sunrise !Art. 13- #ivil #ode$. Nighttime b' and of itself is not an aggravating circumstance. :t becomes so onl' when it is especiall' sought b' the offender or ta5en advantage of b' him to facilitate the commission of the crime or to insure his immunit' from capture. 2he information must allege that nighttime was sought for or ta5en advantage of b' the accused or that it facilitated the commission of the crime. :t is not aggravating when crime began at da'time. Chen the place of the crime is illuminated b' light- nighttime is not aggravating. 2he lighting of a matchstic5 or use of flashlights does not negate the aggravating circumstance. UNINBA'I 5@ PLAC5& @ne where there are no houses at all- a place at a considerable distance from town- or where the houses are scattered at a great distance from each other.

P a g e | +/
)etermined not b' the distance of the nearest house from the scene of the crime- but whether or not in the place of the commission of the offense there was a reasonable possibilit' of the victim receiving some help and for the assailants to escape punishment. :t is the nature of the place which is decisive. 2he accused sought the solitude of the place in order to better attain their purpose without interference- and to secure themselves against detection and punishment. 2he offenders must choose the place as an aid either !1$ to an eas' and uninterrupted accomplishment of their criminal designs or !+$ insure concealment of the offense- that he might thereb' be better secured against detection and punishment. 'F A 'AN@: Chenever more than three armed malefactors shall have acted together in the commission of an offense- it shall be deemed to have been committed b' a band. 2he armed men must act together in the commission of the crime. :f one of the four armed persons is a principal b' inducementthe' do not form a band. 2he' all must ta5e direct part in the e3ecution of the act constituting the crime. :t is aggravating in crimes against propert' or persons or in the crime of illegal detention or treason. :t is not applicable to crimes against chastit'. Abuse of superior strength and use of firearms absorbed in aggravating circumstance of Db' a band.G :t is inherent in the brigandage !Art. 3/.$. Aggravating in robber' with homicide. PARA4RAPB 0 hat the crime %e committe" on the occasion of a confla$ration2 shipwrec#2 earthEua#e2 epi"emic or other calamit!. 'asis: 2ime of the commission of the crime Ratio& )ebased form of criminalit' met in one who- in the midst of a great calamit'- instead of lending aid to the afflicted- adds to their suffering b' ta5ing advantage of their misfortune to despoil them. 2he offender must ta5e advantage of the calamit'. People vs. Corpus& D@ther calamit' or misfortuneG refers to other conditions of distress similar to those enumerated. #haotic conditions after liberation are not included. PARA4RAPB < hat the crime %e committe" with the ai" of ,)arme" men2 or ,/- persons who insure or affor" impunit!. 'asis& *eans and wa's of committing the crime R5IUISI 5S& 1$ 2hat armed men or person too5 part in the commission of the crime- directly or indirectly +$ 2hat the accused availed himself of their air or relied upon them when the crime was committed. 57C5P I8NS: 1$ 2he circumstance shall not be considered when both the attac5ing part' and the part' attac5ed were e8uall' armed. +$ :t is not present when the accused as well as those who cooperated with him in the commission of the crime acted under the same plan for the same purpose. DCith the aid of armed menG is absorbed b' Demplo'ment of a band.G PARA4RAPB 1 hat the accuse" is a reci"ivist 'asis& :nclination to crimes R5CI@I=IS : @ne who- at the time of his trial for one crime- shall have been previousl' convicted b' final 9udgment of another crime embraced in the same title of the "evised Penal #ode. R5IUISI 5S: 1$ 2he offender is on trial for an offense6 +$ =e was previously convicted b' final judgment of another crime6 3$ (oth of the first and the second offenses are embraced in the same title of the #ode6 0$ 2he offender is convicted of the new offense. Chat is controlling is the time of trial- not the time of the commission of the crime. Rule )/:2 (0: <3cept where the death penalt' is imposed- a 9udgment in a criminal case becomes final !1$ After the lapse of the period for perfecting an appeal- or !+$ Chen the sentence has been partiall' or totall' satisfied or served- or !3$ 2he accused has waived in writing his right to appeal- or !0$ 2he accused has applied for probation. 2he present crime and the previous crime must be Dembraced in the same title of the "#PG Chen one offense is punishable b' an ordinance or special law and the other b' the "#P- the two offenses are not embraced in the same title of the #ode. 57C5P I8N& "ecidivism was considered aggravating in a usur' case where the accused was previousl' convicted of the same offense. 57AMPL5S: "obber' and theft 2itle 1/ =omicide and ph'sical in9uries 2itle 8 2here is recidivism even if the lapse of time between the two felonies is more than 1/ 'ears. Pardon does not obliterate the fact that the accused was a recidivist- but amnest' e3tinguishes the penalt' and its effects. PAR@8N: A pardon is the forgiveness of a crime and the cancellation of the relevant penalt'6 it is usuall' granted b' the president AMN5S F: A pardon e3tended b' the government to a group or class of persons- usuall' for a political offense6 the act of a sovereign power officiall' forgiving certain classes of persons who are sub9ect to trial but have not 'et been convicted. :t includes more than pardon- in as much as it obliterates all legal remembrance of the offense. CL5M5NCF& 2he forgiveness of a crime or the cancellation !in whole or in part$ of the penalt' associated with it. :t is a general concept that encompasses several related procedures: pardoning- commutation- remission and reprieves. C8MMU A I8N or R5MISSI8N& 2he lessening of a penalt' without forgiveness for the crime6 the beneficiar' is still considered guilt' of the offense. R5PRI5=5& 2he postponement of punishment- often with a view to a pardon or other review of the sentence !such as when the reprieving authorit' has no power to grant an immediate pardon$.

PARA4RAPB ): hat the offen"er has %een previousl! punishe" for an offense to which the law attaches an eEual or $reater penalt! or for two or more crimes to which it attaches a li$hter penalt!. In R5I 5RACI8N or BA'I UALI F2 the basis is the greater perversit' of the offender as shown b' his inclination to crimes. R5IUISI 5S& 1$ 2he accused is on trial for an offense6 +$ =e previousl' served sentence for another offense to which the law attaches an e)ual or greater penalt'- or for two or more crimes to which it attaches lighter penalt' than that for the new offense6 and 3$ =e is convicted of the new offense. :t is the penalt' attached to the offense- not the penalt' actuall' imposed. Penalt' ma' have several periods. <ven if the accused served the sentence in the minimum period and the current penalt' imposed is in the ma3imum- there is still habitualit'. "eiteracion is not alwa's aggravating. 2he court should e3ercise its discretion in favor of the accused when the crimes wherein the offender has been convicted is against propert' and the current is against persons. R5I 5RACI8N 2he offender shall have served out his sentence for the first offense. Previous and subse8uent offense must not be embraced in the same title of the #ode. :t is not alwa's an aggravating circumstance. R5CI@I=ISM :t is enough that a final 9udgment has been rendered in the first offense. @ffenses shall be included in the same title of the #ode. Alwa's to be ta5en into consideration in fi3ing the penalt' to be imposed upon the accused.

A8UR A8RMS 8A R5P5 I I8N AR5& 1$ R5CI@I=ISM Paragraph ,- Art. 10 +$ R5I 5RACI8N or BA'I UALI F Paragraph 1/- Art. 10

P a g e | +1 3$
Art. */,)-: Chen the aggravating circumstance is included b' the law in defining a crime- it shall not be ta5en into consideration for the purpose of increasing the penalt'. 1nder Paragraph 1+- the crime is committed b' means of an' of such acts involving great waste or ruin. 1nder Paragraph 4- the crime is committed on the occasion of a calamit' of misfortune. PARA4RAPB ). hat the act %e committe" with the evi"ent preme"itation 'asis& Ca's of committing the crime- impl'ing a deliberate planning of the act before e3ecution. 5ssence of Preme"itation& 2he e3ecution of the criminal act must be preceded b' cool thought and reflection upon the resolution to carr' out the criminal intent during the space of time sufficient to arrive at a calm 9udgment. 2he premeditation must be evident and not merel' suspected. 2here must be evidence showing that the accused mediated and reflected on his intention between the time when the crime was conceived b' him and the time : was actuall' perpetrated. R5IUISI 5S& 1$ 2he time when the offender determined to commit the crime +$ An act manifestl' indicating that the culprit has clung to his determination6 and 3$ A sufficient lapse of time between the determination and e3ecution- to allow him to reflect upon the conse8uences of his act and to allow his conscience to overcome the resolution of his will. AIRS & 2he date and the time when the offender determined to commit the crime is essential because the lapse of time for the purpose of the third re8uisite is computed from that date and time. S5C8N@& 2he premeditation must be based upon e3ternal acts and not presumed from the mere lapse of time. #riminal intent is based on outward acts. :t must be notorious and manifest. "esult of deliberation- meditation and reflection sometime before its commission. *ere threats do not show evident premeditation. A threat to 5ill- unsupported b' other evidence which would disclose the true criminal state of mind of the accused- will onl' be construed as a casual remar5. %atisfactoril' established onl' if it is proved that the defendant had deliberately planned to commit the crime and had persistently and continuously followed it- notwithstanding that he had ample time to allow his conscience to overcome the determination of his will- if he had so desired- after mediation and reflection. <3istence of ill;feeling or grudge or resentment against the victim is not conclusive proof of evident premeditation. BIR@& 2he offender must have an opportunit' to cooll' and serenel' thin5 and deliberate on the meaning and the conse8uences of what he planned to do- an interval long enough for his conscience and better 9udgment to overcome his evil desire and scheme. *ere determination to commit the crime does not of itself establish evident premeditation for it must appear- not onl' that the accused made a decision to commit the crime prior to the moment of e3ecution- but also that his decision was the result of meditation- calculation or reflection or persistent attempt. #onspirac' generall' presupposes premeditation because of proof of attendant deliberation and selection of the method- time and means of e3ecuting the crime. =owever- when the conspirac' is onl' implied- evident premeditation ma' not be appreciated. <vident premeditation and price or reward can co;e3ist. 2here is no incompatibilit' because if it is certain that as a general rule price or reward implies premeditation- it is no less certain that the latter ma' be present without the former. Premeditation is absorbed b' reward or promise. =owever- this is onl' applicable to the inductor. Chen the victim is different from that intended- premeditation is not aggravating. <vident premeditation- while inherent in robber'- ma' be aggravating in robber' with homicide if the premeditation included the 5illing of the victim.

MUL I;R5CI@I=ISM or BA'I UAL "elinEuenc! Art. */,3-: =abitual delin8uenc' shall have the following effects:
!a$ 1pon a third conviction the culprit shall be sentenced to the penalt' provided b' law for the last crime of which he be found guilt' and to the additional penalt' of prision correccional in its medium and ma3imum periods6 !b$ 1pon a fourth conviction- the culprit shall be sentenced to the penalt' provided for the last crime of which he be found guilt' and to the additional penalt' of prision ma'or in its minimum and medium periods6 and !c$ 1pon a fifth or additional conviction- the culprit shall be sentenced to the penalt' provided for the last crime of which he be found guilt' and to the additional penalt' of prision ma'or in its ma3imum period to reclusion temporal in its minimum period. ?or the purpose of this article- a person shall be deemed to be

BA'I UAL @5LINIU5N - is within a period of ten 'ears from the date of his release or last conviction of the crimes of serious or less serious ph'sical in9uries- robo- hurto- estafa or falsification- he is found guilt' of an' of said crimes a third time or oftener.

0$

IUASI;R5CI@I=ISM Art. )*:: #ommission of another crime during service of penalt' imposed for another offense6 Penalt'. Q (esides the provisions of "ule of Article .+- an' person who shall commit a felon' after having been convicted b' final 9udgment- %efore %e$innin$ to serve such sentence2 or while servin$ the same - shall be punished b' the ma3imum period of the penalt' prescribed b' law for the new felon' .
An' convict of the class referred to in this article- who is not a habitual criminal- shall be pardoned at the age of sevent' 'ears if he shall have alread' served out his original sentence- or when he shall complete it after reaching the said age- unless b' reason of his conduct or other circumstances he shall not be worth' of such clemenc'.

PARA4RAPB )) hat the crime %e committe" in consi"eration of a price2 rewar" or promise. 'asis& Areater perversit' as shown b' the motivating power itself. 2he circumstance presupposes the concurrence of two or more offenders. R5IUISI 5S& 1$ 2here are at least two principals: !a$ principal b' inducement and !b$ principal b' direct participation. +$ 2he price or reward- or promise should be previous to and in consideration of the commission of the criminal act. 2he paragraph is e8uall' applicable to both the offeror and acceptor. 2he price- reward or promise must be for the purpose of inducing another to perform the deed and this must be established b' evidence. 2he inducement must be the primar' consideration for the commission of the crime. PARA4RAPB )/ hat the crime %e committe" %! means of inun"ation2 fire2 poison2 e6plosion2 stran"in$ of a vessel or intentional "ama$e thereto2 "erailment of a locomotive2 or %! the use of an! other artifice involvin$ $reat waste an" ruin. 'asis& *eans and wa's emplo'ed Chen another aggravating circumstance alread' 8ualifies the crime- an' of these aggravating circumstances shall be considered as a generic aggravating circumstance onl'. People vs. Paterno& Chen the crime intended to be committed is arson and somebod' dies as a result thereof- the crime is simpl' arson and the act resulting in the death of that person is not even an independent crime of homicide- it being absorbed. 2he 5illing of the victim b' means of such circumstances as inundation- fire- poison- or e3plosion 8ualifies it to murder. 1$ +y means of fire( 2here must be an actual design to 5ill and that the use of fire should be purposel' adopted as a means to that end. +$ +y means of explosion 3$ +y means of derailment of locomoti#e Art. ..:& )efines and penali7es the crime of damage to means of communication- derailment of cars- collision or accident must result from damage to a railwa'- telegraph or telephone lines. (ut this is without pre9udice to the criminal liabilit' for other conse8uences of criminal act.

P a g e | ++
PARA4RAPB )+ hat ,)- craft2 ,/- frau"2 or ,.- "is$uise %e emplo!e". 'asis: *eans emplo'ed in the commission of the crime. 2he circumstance is characteri7ed b' the intellectual or mental rather than the ph'sical means to which the criminal resorts to carr' out his design. CRAA : :nvolves intellectual tric5er' and cunning on the part of the accused. Chere craft parta5es of an element of the offense- the same ma' not be appreciated independentl' for the purpose of aggravation. ARAU@& :nsidious words or machinations used to induce the victim to act in a manner which would enable the offender to carr' out his design. @IS4UIS5& "esorting to an' device to conceal identit'. =owever- when the culprits were recogni7ed b' the victim despite of the disguise- it was not aggravating. 2he use of an assumed name in the publication of a libel constitutes disguise. 2he purpose of the offender in using an' device must be to conceal his identit'. ARAU@ Present when there is direct inducement b' insidious words or machinations. CRAA 2he act of the accused done in order not to arouse the suspicion of the victim.

PARA4RAPB )3 hat ,)- a"vanta$e %e ta#en of superior stren$th2 or ,/- means %e emplo!e" to wea#en the "efense. 2o ta5e advantage of superior strength means to use purposel' e3cessive force out of proportion to the means of defense available to the person attac5ed. )f $ Asdf .$ Asdf 1$ df Asdf asdf asdf

P a g e | +3
AL 5RNA I=5 CIRCUMS ANC5S #ircumstances those which must be ta5en in consideration as aggravating or mitigating according to the nature and effects of the crime and other conditions attending to its commission. (asis: Nature and effects of the crime and other conditions attending to its commission. AL 5RNA I=5 CIRCUMS ANC5S Article )3. Their concept. Alternative circumstances are those which must %e ta#en into consi"eration as a$$ravatin$ or miti$atin$ accor"in$ to the nature an" effects of the crime an" the other con"itions atten"in$ its commission. he! are the relationship2 into6ication2 an" the "e$ree of instruction an" e"ucation of the offen"er. he alternative circumstance of relationship shall %e ta#en into consi"eration when the offen"e" part! is the spouse2 ascen"ant2 "escen"ant2 le$itimate2 natural2 or a"opte" %rother or sister2 or relative %! affinit! in the same "e$ree of the offen"er. he into6ication of the offen"er shall %e ta#en into consi"eration as a miti$atin$ circumstance when the offen"er has committe" a felon! in a state of into6ication2 if the same is not ha%itual or su%seEuent to the plan to commit sai" felon!D %ut when the into6ication is ha%itual or intentional2 it shall %e consi"ere" as an a$$ravatin$ circumstance. Alternative Circumstances& )- Relationship /- Into6ication .- @e$ree of instruction an" e"ucation of the offen"er R5LA I8NSBIP 2he relationship shall be ta5en into consideration when the offended part' is the: %pouse Ascendant )escendant &egitimate- natural- or adopted brother or sister or "elative b' affinit' in the same degree of the offender %tepfather- stepmother- stepson or stepdaughter Adopted parent or adopted child 2he law is silent when relationship is mitigating and when it is aggravating: 1$ *itigating in crimes against propert'

P a g e | +0
P5RS8N CRIMINALLF LIA'L5 A8R A5L8NI5S Article )*. 'ho are criminally liable . he followin$ are criminall! lia%le for $rave an" less $rave felonies& ). Principals /. Accomplices .. Accessories he followin$ are criminall! lia%le for li$ht felonies& ). Principals /. Accomplices

Article )0. Principals. he followin$ are consi"ere" principals& ). hose who ta#e a "irect part in the e6ecution of the actD /. hose who "irectl! force or in"uce others to commit it. .. hose who cooperate in the commission of the offense %! another act without which it woul" not have %een accomplishe".

Article )<. "ccomplices. Accomplices are the person who2 not %ein$ inclu"e" in Article )02 cooperation in the e6ecution of the offense %! previous or simultaneous acts. Article )1. "ccessories. Accomplices are the person who2 not %ein$ inclu"e" in Article )02 cooperation in the e6ecution of the offense %! previous or simultaneous acts.

Article /:. "ccessories. Accomplices are the person who2 not %ein$ inclu"e" in Article )02 cooperation in the e6ecution of the offense %! previous or simultaneous acts. Article /:. "ccessories. Accomplices are the person who2 not %ein$ inclu"e" in Article )02 cooperation in the e6ecution of the offense %! previous or simultaneous acts. Article /:. "ccessories. Accomplices are the person who2 not %ein$ inclu"e" in Article )02 cooperation in the e6ecution of the offense %! previous or simultaneous acts. Article /:. "ccessories. Accomplices are the person who2 not %ein$ inclu"e" in Article )02 cooperation in the e6ecution of the offense %! previous or simultaneous acts. Article /:. "ccessories. Accomplices are the person who2 not %ein$ inclu"e" in Article )02 cooperation in the e6ecution of the offense %! previous or simultaneous acts.