Ex-post facto law vs Bill of attainder

Ex post facto law, it is a penal law which is given retroactive application to the prejudice of the accused. If
it is favorable to the accused, it is not ex post facto.

A law is ex post facto when it makes an act or omission criminal when committed was not yet so.

Bill of attainder, is a legislative act which inflicts punishment without judicial trial. It is an encroachment
of judicial function by the legislative.

Characteristics of Penal laws

1. Generality penal laws are binding on all persons (it include aliens) who reside or sojourn in the Philippines
whether citizens or not.

Exception: Those covered by treaties and laws of preferential application such as ambassadors and heads
of State under the principle of par in parem non habet imperium.

2. Territoriality Penal laws of the Philippines have force and effect only within its territory.
Exception:
RPC shall not be enforced within or outside the Philippine territories if so provided under
i. treaties;
ii. or laws of preferential application.
Extraterritoriality RPC applies outside Philippine territory
i. Commit an offense while on a Philippine registered ship-or airship
ii. Should forge or counterfeit any coin or currency note of the RP or obligations and
securities issued by the GRP
iii. Introduction into the Philippines of the Obligations and securities mentioned in the
preceding number
iv. Being public officers or employees, should commit an offense in the exercise of their
function;
v. Should commit any of the crimes against national security and the law of nations,
defined in Title one of Book Two of the code.

3. Prospectivity Penal laws have prospective application, unless it is favorable to the offender who is not a
habitual delinquent.

This principle applies also to administrative rulings and circulars, and to judicial decisions which although
in themselves are not laws, are evidence of what the law means.

3 schools of thought of criminal law

School of Basis of Purpose of penalty Determination of penalty Emphasis of

thought criminal the law
liability
Classical or Man has the RETRIBUTION. In view of the Predetermined and rigid On the
juristic capacity to voluntariness of the act or established by a specific offense and
choose omission of the offender, he and predetermined not on the
between should be given the penalty that penalty for the offense offender
right and he deserved. committed. Penalty is
wrong, good mechanically determined
and evil.

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 in direct proportion to the
crime committed.
Positivist or Man is REFORMATION. Since the The penalty should be On the
realistic inherently offender is not inherently evil but suited to the individual offender and
good but the only made so by his environment, offender precisely because not on the
offender is then the penalty should be of the purpose to reform offense
social sick. corrective or curative to reform him.
him or bring him back to his good
nature.
Eclectic it combines the good features of both the classical and positivist theories.

The classical theory should be applied to those crimes that are grievous or heinous, the positivist theory must be
applied on economic and social crimes.

Our Revised Penal Code is considered eclectic.

Equipose rule if the inculpatory facts and circumstances are capable of two or more explanations, one of which is
consistent with the innocence of the accused and the other consistent with his guilt, then the the evidence DOES
NOT FULFILL the test of MORAL CERTAINTY, and does not suffice to produce a conviction, the same shall be denied.

Where the evidence of the prosecution and of the defense are EQUALLY BALANCED, the scale should be TILTED in
FAVOR OF THE ACCUSED in view of the PRESUMPTION OF INNOCENCE.

MALA IN SE MALA PROHIBITA

Acts or omissions that are INHERENTLY EVIIL.
Generally, crimes that are punishable under the RPC
Crimes that are mala in se, involve moral turpitude
crimes.
Moral turpitude - It implies something immoral in itself,
regardless of the fact that it is punishable by law or not.
Acts which made EVIL BECAUSE THERE IS A LAW
PROHIBITING THE SAME. These would not be wrong
but for the fact that positive law forbids them.
Intent is immaterial. As long as the law is violated it is
punishable.
Do not involve moral turpitude.

Generally violations of special penal laws.

Basis of criminal liability is the offenders moral trait,
hence good faith or lack of criminal intent is a defense.
MC are taken into account in imposing the penalty on
the offender precisely because his moral trait is the
basis of this crime.
Degrees of participation determines penalty
imposable so that it is computed on the basis of
whether he is a principal offender, or merely an
accomplice or accessory.
Basis of criminal liability is the offenders voluntariness,
hence, good faith or lack of criminal intent is NOT
accepted as a defense, unless this is an element of the
crime.
MC are not considered because the law intends to
discourage the commission of the act specially
prohibited.
Degrees of participation of the offenders does NOT
affect their liability, hence the penalty on all of them
are the SAME whether they are principals or merely
accomplices or accessories.

Stage of accomplishment affects the penalty imposed

thus the penalty depends on whether the crime is Stage of accomplishment considered only when the
consummated, frustrated, or attempted. crime is accomplished or consummated.

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 NO attempted, or frustrated stage because it is the
commission of the act itself that is prohibited and also
since intent which is inherent in the attempted and
frustrated stage is not an element.

What is heinous crime?

It is an offense, that is;

grievous,
odious,
hateful
which by reason of inherent or manifest
a. wickedness,
b. viciousness,
c. atrocity
d. and perversity,

is regarded as seriously outrageous to the common standards or norms of decency and morality
in a just, civilized and orderly society.

What is the finality-of-acquittal rule?

The State with all its resources and power should not be allowed to make repeated attempts to convict an
individual for an alleged offense, thereby subjecting him to embarrassment, expense an ordeal and compelling him
to live in a continuing state of anxiety and insecurity, as well as enhancing the possibility that even though innocent,
he may be found guilty.

Simple said, verdicts of not guilty, is easy to understand: it is a need for repose, a desire to know the exact
extent of ones liability.

When theres acquittal of the accused it is final and cannot be appealed, if decision is appealed it will cause
double jeopardy. However, civil liability of the defendant may be appealed to the higher court.

When is the effectivity of the RPC?

January 1, 1932

French Rule vs English Rule on merchant vessels

English Rule French Rule

Host country has jurisdiction over crimes committed
in the vessel unless they involve the internal
management of the vessel
Strictly territorial
This rule recognizes the jurisdiction of the flag country
over crimes committed within the vessel except if the
crime disturbs the peace and order of the host
country.

These rules refer to the jurisdiction of one country (flag) over its merchant vessels situated in another country
(host).

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Flag country is where the vessel is registered, host country is where the vessel is currently situated.

Rule on Philippine Merchant ship or airship, if a crime is committed inside the ship.

To be Philippine merchant ship or airship it should be registered under Philippine laws.

- If a crime is committed here in the Philippines, no question jurisdiction

of the crime is here.

- If crime is committed in the high-seas, Philippines has still jurisdiction on

them

- If crime is committed within the territory of another country, jurisdiction

lies on that country.

- But if such foreign country refuses to take cognizance of the crime, the
Philippines can assume jurisdiction of the crime.

Take note: Philippine warship and the official vessel of the President, wherever they are, are extensions of the
Philippines and its sovereignty.

What are felonies?

Article 3, of the Revised Penal Code defines it and how a felony is committed. Felonies are committed not
only by means of DECEIT but also by means of FAULT.

What is deceit? There is deceit or dolo, when the act is performed with DELIBERATE INTENT; When is
there fault? There is FAULT or culpa when the wrongful act results from IMPRUDENCE, NEGLIGENCE, LACK OF
FORESIGHT, OR LACK OF SKILL. (LIL-N)

In both cases, there is voluntariness, which is presumed from the elements of freedom of action and
intelligence.

Factors that affect intent and consequently the criminal liability of the actor or offender

1. Mistake of fact That mistake which had the FACTS BEEN TRUE to the belief of the offender, can justify his
act. It is such mistake that will negative criminal liability because of the ABSENCE OF THE ELEMENT OF
INTENT. However, if the offender is negligent in ascertaining the true state of facts, he may free from dolo
but not from culpa.

A is sleeping while B slowly opened the door of his room. A asked the identity of B 3 times. A also warned
B that he will kill him if he continues to enter his room. B entered the room. A stabbed him. After killing B,
A discovered that he killed his roommate. A was thinking that B is a robber, because of the rampant
robberies in their area. A even kept a knife under his pillow for personal protection. As action is justified,
he mistakenly think that B is a robber, A is not negligent because he gave a warning to B.

This is a form of justification of a criminal act.

2. Aberratio ictus (mistake in the victim of the BLOW) the offender intends the injury on one person but
the HARM FELL ON ANOTHER. Intended result falls on another due to error in the identity of the victim.
Increases criminal liability which generally result to complex crime.

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 A plans to shoot B. A is in front of Bs house waiting for B. When B arrived, he is together with her
girlfriend, C. A shot B but hit C. C died, while B was hit and suffered serious injuries. Crimes committed.
Murder and Frustrated Murder.

3. Error in Personae (mistake in the identity) the offender committed a mistake in ascertaining the identity
of the victim. Intended result falls on another due to error in the identity of the victim. It is aggravating if
the resulting crime is greater than that intended. No effect if the resulting crime is the same as that
intended.

A plans to shoot B. A is in front of Bs house waiting for B. A saw someone coming, thinking that it is B. He
fired his gun upon that person. Unfortunately, it is not B that he killed but it is C, hes father-in-law. What
are the crime/s committed? Murder

4. Praeter intentionem (so grave a wrong caused than that intended) the injury is on the intended victim
but the resulting consequence is so grave a wrong than what was intended. Actual crime is greater than
which is intended.

This is a mitigating circumstance, but if the means used to commit the desired crime would also logically
and naturally bring about the actual felony committed, prater intentionem will not be appreciated.

A and B had an altercation last Monday. A and B are classmates in a university. After the class, A
because of his anger, waited for B outside of the university. When B arrived, A immediately
punched B in the face. Because of the strong blow, B fell and his head hit the pavement. B was
brought to the hospital. He was comatose for 10 days but eventually died. Is A criminally liable?
Homicide, no intent to kill.

5. Proximate cause (the cause of the cause is the cause of the evil caused)
- Is that cause which, in its natural and continuous sequence, unbroken by
an efficient intervening cause, produces the injury, and without which
the result would not have occurred.

A and B were inside their boarding house on a Friday afternoon. B was playing with his cellphone, he is
brandishing it around because of a new application that allows him to record a video with special effects.

B accidentally hit A in his head with the cellphone. After B hit A on his head by the cellphone, A was also hit
by a a nail which is protruding in a wall of their boarding house. A died after 20 days in the hospital.
Discuss the criminal liabilities.

Liability is homicide. It is Bs action that is the proximate cause of As death.

Criminal negligence Article 3 vs Article 365

Article 3, culpa here is a mode of committing a crime. (homicide through reckless imprudence) In Article
365 what is punishable is the culpa itself. (reckless imprudence resulting to homicide)

Who commits a felony?

Criminal liability is incurred by any person committing a felony although the WRONGFUL act done be
DIFFERENT from that which HE INTENDED.

Impossible crime?

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 Criminal liability is incurred by any person performing an act which would be an offense AGAINST
PERSONS OR PROPERTY, because:
1. The commission of the offense is INHERENTLY IMPOSSIBLE TO ACCOMPLISH
2. The means employed is either:
a. inadequate or
b. ineffectual.

There is intent to commit a crime but actually no crime is committed.

Stages of Criminal Liability

Consummated when ALL THE ELEMENTS necessary for its EXECUTION AND ACCOMPLISHMENT ARE
PRESENT.
- Offender here does not need to do anything to consummate the offense.
He has reached the OBJECTIVE STAGE of the offense as he has no longer
have control of his acts having already performed all that is necessary to
accomplish his purpose.
- Formal crimes are always CONSUMATED. Offender cannot commit the
crime if it is not CONSUMATED. Example Physical Injuries, it is always
consummated.

Frustrated offender performs ALL THE ACTS OF EXECUTION, which would PRODUCE THE FELONY as a
consequence but which, nevertheless do not PRODUCE IT by reason of CAUSES INDEPENDENT of the will of the
perpetrator.
- The reason why the felony was not produced should be independent of
the will of the perpetrator.
- If the cause of frustration is DUE TO THE WILL of the offender, the felony
is NOT FRUSTRATED, but could be another crime.
- No frustrated stage, RAPE, ARSON, CORRUPTION OF PUBLIC OFFCERS,
ADULTERY, THEFT AND ROBBERY.

Attempted offender COMMENCES the commission of a felony DIRECTLY BY OVERT ACTS, and does NOT
perform ALL THE ACTS OF EXECUTION which would produce the felony by REASON OF some cause or accident,
other than his own spontaneous desistance.
- Offender is still in the SUBJECTIVE PHASE because he has not performed
all acts necessary for its accomplishment.

- There is something yet that he still has to do to produce the felony.

Offender has still control over his acts as he may or may not continue his
overt acts.

- Therefore, he still has CONTROL OVER his acts as he may or may not
continue his overt acts.

- If the cause of the non-performance of all the acts necessary for

commission of the offense is THE DESISTANCE of the offender the act is
NOT YET AN ATTEMPTED FELONY.

Conspiracy and proposal to commit a felony

There is conspiracy when two or more persons come to an agreement concerning the commission of a
felony and decide to commit it.

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 Conspiracy may be deduced from the mode and manner in which the offense was perpetrated or
inferred from the acts of the accused when such point to a joint purpose and design, concerted action and
community of interest.

Take note that the same degree of proof is required for establishing the crime is required to support a
finding of conspiracy.

Conspiracy may be inferred

1. from the acts of accused
a. BEFORE,
b. DURING,
c. AND AFTER
the commission of the crime,

2. all of such acts indubitably point to or indicate a

a. joint purpose,
b. a concert of action and
c. a community of interest.

Evidence of actual cooperation and not mere cognize or approval of an illegal act is required to establish
conspiracy.

General rule: Liability of the conspirators are only for the CRIME AGREED UPON.
EXCEPTION:
a. When the other crime was committed in their presence and they did not prevent its
commission indicating their approval thereof;

b. When the other crime is the NATURAL CONSEQUENCE of the crime planned.

c. When the resulting crime was COMPOSITE CRIME because a composite crime or special complex
crime is indivisible.

-------
Article 9
Grave Felonies law attaches capital punishment or penalties
Less Grave Felonies law punishes with penalties which in their maximum period are correctional
Light Felonies infractions of law for the commission of which the penalty of arresto menor or a fine not
exceeding 200 pesos, or both is provided.

------

Entrapment vs Instigation

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 Entrapment is the EMPLOYMENT of such ways and means for the PURPOSE of TRAPPING or CAPTURING
a lawbreaker. The idea to commit the crime originated from the ACCUSED. Example is buy-bust
operation.

Inducement or Instigation, criminal intent originates in the mind of the INSTIGATOR (police officer or an
authority) and the accused is LURED into the commission of the offense charged in order to prosecute
him. The instigator practically INDUCES ANOTHER to COMMIT the offense and himself becomes CO-
PRINCIPAL. This is against public policy.

To know entrapment or is it instigation, check from whom the criminal intent originated.

Justifying Circumstances

1. Defense of self, of relatives and of strangers

2. State of necessity
3. Fulfillment of duty
4. Obedience to superior order

Self-defense it includes defense of life, chastity, of property and of honor (honor includes defense against
defamation)
- When accused claims for self-defense. The accused has to prove by clear
and convincing evidence that he acted in self-defense.
- The claim of self-defense, sets an admission of the crime.

Requisites
1. Unlawful aggression
- An attack or material aggression, an offensive act positively determining
the intent of the aggressor to cause injury, shall have been made.

- There must be a real danger to life or personal safety. Intimidating

attitude is not sufficient.

- Unlawful aggression must be real or at least imminent.

- Real aggression means an attack with PHYSICAL FORCE or WITH A

WEAPON such as to cause INJURY or DANGER TO LIFE or PERSONAL
SAFETY.

- take note: Where the unlawful aggression which has begun no longer
exists, the one making the defense has NO MORE right to kill or even
wound the former aggressor.

- Unlawful aggression must be present, in all claims of justifying

circumstance.

2. Reasonable necessity of the means employed to prevent or repel it;

Requisites:
a. Whether the aggressor was armed
b. The nature and quality of the weapon used

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 c. Physical conditions and sizes of both the aggressor and
the person defending himself

- This cant be present if the unlawful aggression already ceased.

3. Lack of sufficient provocation on the part of the person defending himself

- The law requires that the provocation be sufficient or proportionate to
the act committed and adequate to arouse one to its commission.
- The provocation must not be present to the person defending his self.

Doctrine of Self-Help

The law justifies the act of the owner or lawful possessor of a thing in using such force as is necessary to
protect his proprietary or possessory rights at the very moment at unlawful deprivation.

But not to the extent of taking the offenders life unless there is a like danger posed on the person of the
defender.

Elements of defense of relatives

a. Unlawful aggression
b. Reasonable necessity of the means employed to prevent or repel it;
c. In case the provocation was given by the person attacked, the person defending
had no part therein. The person defending must have no part in the provocation, in
case provocation was given by the person who was attacked.

Relatives to be defended must be defenders: SADBAC

a. Spouse
b. Ascendants
c. Descendants
d. Legitimate Natural or adopted brothers or sisters
e. Relatives by affinity in the same degrees
f. Those by consanguinity within the 4th civil degree
Elements of defense of strangers

a. Unlawful aggression
b. Reasonable necessity of the means employed to prevent or repel it
c. The person defending is not induced by revenge, resentment or other evil motives.

Battered woman syndrome the BWS is characterized by cycle of violence, which has three phases:
a. The tension-building phase
b. The acute battering incident; and
c. Tranquil, loving (or, at least nonviolent) phase.

Note: To be classified as a battered woman, the couple must go through the battering cycle at least twice.

Any woman may find herself in an abusive relationship with a man once. If it occurs a second time, and she
remains in the situation, she is a Battered woman.

Elements of state of necessity

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 a. The evil sought to be avoided actually exists;
b. The injury feared be greater than that done to avoid it
c. There is no other practical and less harmful means of preventing it.

Elements of fulfillment of duty or exercise of right or office

a. The offender acted in the performance of a duty or the lawful exercise of a right or office; and
b. The injury caused or the offense committed is the necessary consequence of the due performance of
such right or office. (absence of this element justification becomes incomplete, converting it to MC)

Elements of Obedience to superior order as a JC

a. An order has been issued by a superior
b. The order is for a legal purpose
c. The means used to carry out such order is lawful

Note: Even if the order is illegal but it apparently legal and the subordinate is NOT AWARE of its illegality, the
subordinate is not liable.

Exempting circumstances these are circumstances, although the act is criminal, the law exempts the actor from
liability. Although there is no criminal liability, there is civil liability EXCEPT in accident and insuperable cause
which strictly are not criminal.

Exempting circumstances

Imbecility/insanity complete deprivation of intelligence in committing the act; mental state of

appellant should relate to the PERIOD IMMEDIATELY BEFORE OR AT THE PRECISE MOMENT of doing
the act which is the subject of the inquiry, and his MENTAL CONDITION AFTER THE CRUCIAL PERIOD
or during the TRIAL inconsequential for purposes of determining his criminal liability.
a. Schizophrenia the inability to distinguish between fantasy and reality

Minority person under the age of 18.

i. Exempt from criminal liability - 15 years of age or under at the time of the
commission of the offense (subject to intervention program)
ii. Exempt from criminal liability and be subjected to an intervention
program above 15 years but below 18 years of age; if he/she acted with
DISCERNMENT, subject to DIVERSION PROGRAM
Note: exemption from criminal liability herein established does not include
exemption from civil liability, which shall be enforced in accordance with
existing laws.
- If imposable penalty of the crime is NOT more than 6 years,
* There is a victim - DIVERSION PROGRAM SHALL BE before the law
enforcement officer or the Punong Barangay, and shall be in the form of
MEDIATION, family conferencing, and conciliation, attended by the child
and his family.
*Crime is victimless diversion program shall be conducted by the
LOCAL SOCIAL WELFARE and DEVELOPMENT OFFICE with the child and
his parents or guardians.
- If imposable penalty of the crime EXCEEDS six years diversion
measures shall be BY COURTS ONLY.
- Child under 18 at the commission of the crime who is found guilty of the
offense charged if FOUND GUILTY shall be placed under SUSPENDED

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 SENTENCE without need of application EVEN IF THE CHILD IS ALREADY
18 YEARS OLD or more at the time of promulgation.
Who cant avail of the suspension of sentence?
i. One who has enjoyed suspension of sentence
ii. Convicted of an offense punishable by death,
reclusion perpetua, or life imprisonment
iii. At the time of the promulgation the juvenile is
already 18 years of age or over
Children at risk those who are vulnerable to and at the risk of
committing criminal offenses because of personal, family and
social circumstances
Children in conflict with the law those who are alleged as,
accused of or adjudged as having committed an offense.
Accident an occurrence that happens OUTSIDE the sway of our will, and although it comes about
through some act of our will, lies beyond the bounds of humanly foreseeable consequence. It
connotes absence of criminal intent.
Requisites:
i. Accused was performing a LAWFUL ACT with DUE CARE
ii. The injury is caused by MERE ACCIDENT
iii. There was no FAULT or INTENT of causing the injury

Compulsion or irresistible force

Requisites:
i. The force must be physical must come from an outside source, and the
accused must act not only without a will but even against his will

ii. The actor must be reduced to a mere instrument, such that the element of
freedom is wanting

iii. The DURESS, FORCE, FEAR or INTIMIDATION must be PRESENT, IMINENT

and IMPENDING and of such a nature as to INDUCE a well-grounded fear
of DEATH OR SERIOUS BODILY INJURY if the act is NOT DONE.

Impulse of uncontrollable fear

Requisites:
i. Threat which caused the fear of an evil is GREATER than or at LEAST EQUAL
to that which the ACCUSED was required to commit.
ii. It promised an EVIL of such GRAVITY and IMMINENCE that the ordinary
man would have succumbed to it.

Note: D and E, are founded on duress or LACK OF VOLUNTARINESS on the PART OF THE ACTOR.

Insuperable or lawful cause it is an EC which applies to felonies by omission.

- The law imposes a DUTY on the OFFENDER to PERFORM an act but HIS
FAILURE to DO so is DUE TO A LAWFUL OR INSUPERABLE CAUSE.

JC
The act is LEGAL, within the bounds of law
There is no crime, hence no criminal
Since there is no crime, there is no criminal and civil
liability
The emphasis of the law is on the act
EC
The act is criminal
There is a crime and a criminal
Since there is a crime, (but exempt from criminal
liability) there is civil liability
The emphasis of the law is on the actor.

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Mitigating Circumstances show the lesser perversity of the offender and has the effect of lowering the penalty
prescribed for the offense. They are matters of defense which do not have to be alleged in the information.

Note: MC is personal to the accused. MC cannot be enjoyed by his co-accused.

Note: OMC, when there are 2 OMCs and no AC, penalty shall be lowered to one degree.

Ordinary MC
Can be offset by GENERIC aggravating circumstance
Penalty is lowered to the MINIMUM period of the
penalty prescribed
Not considered when what is prescribed is SINGLE
INDIVISIBLE PENALTY
Privileged MC
Cannot be offset by ANY aggravating circumstance
Penalty is LOWERED by one or two DEGREES
ALWAYS considered whether the penalty imposable is
DIVISIBLE or INDIVISIBLE

Incomplete justifying/exempting circumstance

Notes:
The Unlawful aggression must always be present in JC. Without the UA there is neither complete nor
incomplete defense.
UA alone is OMC
UA plus another element of SD it is considered as PMC
In accident, due care and lack of fault are indispensable without which negligence will be present giving
rise to culpable felony.

Minority
Notes:
It is never considered as an ordinary mitigating circumstance. It is ALWAYS considered as PMC

Praeter Intentionem
It is the lack of intention to commit so grave a wrong as that committed. There should be great disparity
between the intent and its consequences.

Sufficient Provocation
The provocation must be SUFFICIENT; immediate to the commission of the crime; and MUST originate
from the OFFENDED PARTY.
Provocation is immediate if no interval of time elapsed between the provocation and the commission of
the crime.

Immediate vindication of a GRAVE OFFENSE

Is it necessary that there is a crime?
o No, but it may be ANY ACT OR EVENT which OFFENDS the accused causing mental agony to him
and moves him to vindicate himself of such offense.
o Immediate means PROXIMATE and allows for a LAPSE of time as long as the offender is STILL
SUFFERING from the MENTAL agony brought about by the OFFENSE to him.

Passion and Obfuscation

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 The passion or obfuscation MUST arise from accuseds LAWFUL SENTIMENTS. The offended MUST have
done an act UNLAWFUL and SUFFICIENT to EXCITE PASSION or OBFUSCATION on the part of the
ACCUSED.
o It cannot be appreciated where the anger did not arise from lawful sentiments.
o This circumstance cannot co-exist with TREACHERY or EVIDENT PREMEDITATION because P&O
must be SPUR OF THE MOMENT.

Voluntary Surrender
The offender surrendered to a person in authority or his agent;
The offender surrendered before arrest is effected
The surrender must be voluntary, spontaneous, and must show the intent of the accused to submit
himself unconditionally to the authorities, either because he acknowledges his guilt or he wishes to save
them the trouble and expense incidental to his search and capture.
o But in a SC decision, voluntary surrender is appreciated because IMMEDIATELY UPON LEARNING
that a warrant for his arrest was issued, and WITHOUT the same having been served on him, the
accused SURRENDERED to the POLICE.
There is no pending warrant of arrest or information is filed.

Voluntary plea of guilt

it must be made in open court
spontaneously and unconditionally
prior to the presentation of the evidence of the prosecution
court must have jurisdiction to hear and decide the case
plea bargaining is not voluntary plea of guilt, hence not considered MC

Physical defects and illness

offenders being deaf and dumb or blind otherwise suffering from some physical defect MUST relate to
the OFFENSE because the law REQUIRES that the defect has the effect of RESTRICTING his means of
ACTION, DEFENSE, or COMMUNICATION to his fellow beings.

It must be shown that such physical defect LIMITS his means of communication with his fellow beings to
such an extent that he DID NOT HAVE COMPLETE freedom of action, consequently resulting in
diminution of the element of voluntariness.

Defect or illness must only DIMINISH and NOT DEPRIVE the offender of the CONSCIOUSNESS of his acts;
otherwise it will be considered as an EXEMPTING CIRCUMSTANCE.

Aggravating Circumstances
AC must be alleged in the information, because they increase the penalty and the offender must be given
the opportunity to defend himself against these; MCs are matters of defense, hence not required to be
alleged in the information.

Kinds of AC
Generic Aggravating Circumstance
o Apply generally to all crimes
o Can be offset by ordinary mitigating circumstance
o Increase the penalty to the MAXIMUM PERIOD of the penalty prescribed in the law, provided it is
alleged in the information, but cannot increase the penalty to a higher degree even if there are
numerous ACs.
Qualifying Aggravating Circumstance
o Cannot be offset by any MC
o Change the nature of the crime and the designation of the offense
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 o Must be alleged in the information
o Must be proved as CONCLUSIVELY as the guilt of the offender because of its effect which is to
CHANGE the nature of the offenses and CONSEQUENTLY INCREASE the PENALTY by degrees.

AC Abuse of Official Position (test) Did the accused abuse his office IN ORDER TO COMMIT THE CRIME? If yes,
then this circumstance is present. The public official must use the INFLUENCE, PRESTIGE, and ASCENDANCY which
his OFFICE GIVES HIM in realizing his purpose.
Insult to Public Authorities The public authority is engaged in the DISCHARGED OF HIS DUTIES and the
OFFENDER KNOWS that he is a PUBLIC AUTHORITY. It shows disrespect of the offender in the commission of the
crime notwithstanding the PRESENCE of public authority. This is deemed absorbed in Direct assault.

Age, sex, rank, dwelling

lack of respect to the offended, there must be proof that the offender DELIBERATELY, (sinadya) intended
to offend or insult the offended.
Cannot co-exist with passion and obfuscation where the offender lost his control or reason.
They are considered in crimes against persons, security, or honor but not in crimes AGAINST PROPERTY
Sex cannot be considered, where being a woman is an element of the crime such as, rape, abduction, or
seduction.
Dwelling, must be a building or structure, exclusively used for rest and comfort. It includes dependencies,
staircase, and enclosures under the house. Not necessary if the house is owned by the offended.
Entering the dwelling to commit the crime is not necessary, it is appreciated as long as the victim is
attacked inside the dwelling.
Cannot be appreciated if both the offended and the offender are living in the same house.

Abuse of confidence
Offended has trusted the offender
Offender abused such trust
Such abuse of confidence facilitated the commission of the crime
Confidence must be a means of facilitating the commission of the crime.

Palace of the Chief Executive

Crime should be committed in the palace of the President, or in his PRESENCE,
Appreciated also where public authorities are engaged in the discharge of their duties
Or in a place DEDICATED to a RELIGIOUS WORSHIP

Nighttime
Nighttime was especially sought by the offender
It was taken advantage of by him
It facilitated the commission of the crime by insuring the offenders IMMUNITY from capture
The place where the crime was committed was not illuminated.
Nighttime is from sunset to sunrise.
Absorbed in treachery if it is a part of the treacherous means to insure execution of the crime

Uninhabited place
Appreciated if a place sought by the offender, will insure that the offended will not have the possibility of
SECURING ANY ASSISTANCE.

Band
It consists of:
More than 3 (4 or more persons)
Armed malefactors (at least 4 must be armed)

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 Acting together in the commission of an offense (presupposing the presence of conspiracy)
Band is qualifying circumstance in ROBBERY, (robbery and physical injuries are inflicted, violence or
intimidation employed is not necessary for the commission of the crime)
But Band is a generic aggravating circumstance in ROBBERY WITH HOMICIDE

Calamity or Misfortune
It refers to events similar in nature as conflagration, shipwreck, earthquake or epidemic.
Aid of armed men
Armed men or persons took part in the commission of the crime, directly or indirectly; and
That the accused availed himself of their aid or relied upon them when the crime was committed.
Aid of armed men cannot be appreciated when there is CONSIPRACY between the armed men and the
accused. They are all principals in the commission of the crime.
The armed men who aided the accused in the commission of the crime are considered as accomplices.
At least 2 armed men

Habituality
Forms: Recidivism, Reiteracion, Habitual Delinquency, Quasi recidivism

Recidivism Where a person, or separate occasions, is convicted of two offenses embraced

in the same title in the RPC
Quasi-recidivism Where a person commits a felony BEFORE beginning to SERVE OR WHILE
serving sentence on a PREVIOUS CONVICTION
Reiteracion Where the offender has been PREVIOUSLY punished for an offense to which
the law attaches an equal or greater penalty or of two crimes to which it
attaches a lighter penalty.
Habitual Delinquency Where a person within a period of ten years from the date of his release or
last conviction of the crimes of serious or less serious or less serious physical
injuries, robbery, theft, estafa or falsification, is found guilty of the said
crimes A THIRD TIME or oftener

Price, Promise, Reward

they affect principal by direct participation who committed the crime for CONSIDERATION.
The reward is the PRIMARY CONSIDERATION in the COMMISSION OF THE CRIME for this circumstance to
to be aggravating.

Inundation, Fire, poison, explosion, stranding of a vessel, or intentional damage thereto, derailment of a
locomotive, or by the use of any other artifice involving great waste and ruin.

if the act constitutes a crime, it must not be considered as an exempting circumstance.

Evident premeditation
The TIME when the offender determined to commit the crime;
An ACT manifestly indicating that he has clung to his determination; and
Sufficient LAPSE of time between such determination and execution to allow him to reflect upon the
consequences of his act.
Criminal act must be preceded by cool thought and reflection of the resolution to carry out the criminal
intent during the space of time sufficient to arrive at a calm judgment.
Cannot be appreciated, when it is an inherent element of a crime
Not inherent in Robbery with Homicide, EM must relate to the killing not to the robbery.

Craft, Fraud, Disguise

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 Craft cunning or intellectual trickery or chicanery resorted to by the accused to carry out his evil design.
Fraud constitutes deceit and is manifested by insidious words or machinations.
Disguise it is resorted to conceal the identity.
These circumstances will not be appreciated if they did not FACILITATE the commission of the CRIME or
not taken advantage of the OFFENDER in the course of the assault.

Abuse of Superior Strength or means taken to weaken the defense

There is abuse of superior strength where the offenders INTENTIONALLY and PURPOSELY employ
EXCESSIVE FORCE out of PROPORTION to the means of DEFENSE available to the offended party.
Not appreciated when the assault is with passion or obfuscation
Not appreciated by mere superiority in the number of malefactors

Treachery
Offender must insure that the offended at the time of the attack was NOT IN A POSITION TO PUT UP ANY
DEFENSE
The means, manner, method, and form was CONSIOUSLY and DELIBERATELY CHOSEN by the offender.
Offended must be defenseless
Applicable only to crimes against persons
Essence is the swiftness and the unexpectedness of the attack upon the unsuspecting and unarmed
victim, who does not give the slightest provocation
It must be present at the INCEPTION of the attack
General rule: Frontal attack is not treachery. It is treachery if the attack is SUDDEN and in a MANNER that
tends DIRECTLY and ESPECIALLY to INSURE its EXECUTION free from danger and without risk to oneself on
account of what the victim might make to defend himself.
Qualifying circumstance in murder
Special aggravating circumstance in serious physical injuries.
Generic aggravating circumstance in less serious physical injuries
Treachery absorbs both nighttime and taking advantage of superior strength.

Ignominy
This circumstance pertains to the MORAL ATTRIBUTE, which adds DISGRACE to the MATERIAL INJURY
caused by the CRIME. It produces MORE suffering on account of humiliating effects.
It adds disgraces, obloquy to the material injury caused by the crime

Unlawful entry/breaking of wall

Entrance is through a way not intended for that purpose;
the opening MUST be used to ENTER, not to ESCAPE
It qualifies the crime of theft to ROBBERY.
Inherent in the crimes of trespass and in robbery with force upon things thus should not be considered as
an aggravating circumstance

Aid of minors/use of motor vehicles

The commission of crime with the aid of a minor under 15 years of age
Its commission by means of motor vehicles, airships, motorized water craft or similar means
The motor vehicle WAS PURPOSELY USED to FACILITATE the COMMISSION of the OFFENSE not when
used to ESCAPE because the law used the phrased by means of.

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Cruelty
Unnecessary moral and physical pain
Test: Whether the accused deliberately and sadistically augmented the wrong by causing another wrong
NOT NECESSARY for its commission or INHUMANLY INCREASED THE VICTIMS suffering or outraged or
scoffed at his person or corpse.

Alternative circumstances
Relationship exclusively that of spouse, ascendant, descendant, legitimate, natural or adopted
brother or sister or relative by affinity in the same degrees. Stepparents and stepchildren are included
by analogy
Intoxication this is mitigating if the person pleading it
o He has taken a quantity of alcoholic beverage prior to the commission of the crime sufficient
to produce the effect of obfuscating reason

o He is not a habitual drinker

o Did not drink the alcoholic drink with the intention to reinforce his resolve to commit the
crime.

o It should be such an intoxication that would diminish or impair the exercise of his willpower
or the capacity to know the injustice of his act.
Degree of instruction and education of the offender
o MC of degree of instruction does not apply to theft and robbery

o High degree of learning should be taken in relation to the crime committed, whether his
education puts him in a BETTER position than ordinary offenders.

o Low degree of education or instruction may be mitigating but is NEVER aggravating;

conversely, high degree of may be aggravating but NEVER mitigating

Who are criminally liable?

For GRAVE AND LESS GRAVE FELONIES, Principals, Accomplices and Accessories are liable. But for light felonies
only Principals and Accomplices are liable.

Principals
a. Take A DIRECT PARTICIPATION in the execution of the act (Principal by Direct Participation)
i. PDP must appear at the scene of the crime and perform acts necessary in the
commission of the offense to be liable.
1. Non-appearance is desistance
2. Conspiracy is not a crime unless it is provided by law.
3. There is no basis for liability because there is no criminal participation
b. Those who DIRECTLY FORCE or INDUCE others to COMMIT a crime (Principal by Inducement)
i. PI must INTEND that his INDUCEMENT be OBEYED.
ii. The PIs inducement must be of such a nature and made in such a manner as to become
the determining cause of the crime
iii. PI need not to appear in the crime scene

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 iv. PI is considered the brain of the commission of the crime, without the inducement the
crime will not be committed.
c. Those who cooperate in the COMMISSION of the OFFENSE by ANOTHER ACT without which it
would not have been accomplished. (Principal by Indispensable Cooperation)
i. PIC must have a DIRECT PARTICIPATION in the CRIMINAL DESIGN by ANOTHER ACT
ii. Without such act the crime COULD NOT HAVE BEEN COMMITTED.
iii. PIC may not be a part of the PLANNING STAGE, he may become a principal at the
moment of the execution of the crime with the other principals.
iv. If PICs participation is not INDISPENSABLE to the crime, that whether with or without
his cooperation, the offense will be committed, his liability may only be that of an
ACCOMPLICE.

Accomplices who not being a principal, COOPERATES in the EXECUTION of the OFFENSE by
PREVIOUS OR SIMULTANEOUS acts.
To be an accomplice:
Offender should TAKE PART in the EXECUTION of the CRIME BY PREVIOUS OR
SIMULTANEOUS ACT.
He has the INTENTION take PART in the commission of the crime.
Note: if there is conspiracy, accomplice ceases to be an accomplice BUT instead is CONSIDERED a
PRINCIPAL although his PARTICIPATION is such that, without the conspiracy, should have been that of
an accomplice.

Example of an accomplice: A lookout who was not part of the conspiracy but participated only after
such decision was reached is an accomplice, since he is merely an instrument of the crime and
cooperates after the DECISION to COMMIT the same had ALREADY BEEN MADE.

Conspirators decide that a crime will be committed, accomplices merely concur in it and cooperate in
the accomplishment.

Accessories
a. Have knowledge of the commission of the crime
b. Without having participated therein;
c. And take part SUBSEQUENT to its COMMISSION in any of the following manners;
i. By PROFITING OR ASSISTING the offender to PROFIT from the effects of the crime
ii. By CONCEALING or DESTROYING the BODY OF THE CRIME, or effects or the instruments
thereof to prevent its discovery.
iii. By HARBORING, CONCEALING OR ASSISTING in the ESCAPE of the PRINCIPAL.
- Those who assist the principal to escape may be prosecuted for
obstruction of justice not as an accessory but as a PRINCIPAL, PROVIDED
that a SEPARATE INFORMATION shall be PREPARED for the CRIME OF
OBSTRUCTION.

The offender to be assisted by the ACCESSORY MUST BE A PRINCIPAL; assisting an

ACCOMPLICE is not INCLUDED.

Accessories exempt from liability are the Offenders a. spouse, b. ascendant c. descendant, d. legitimate, natural
and adopted brothers and sisters, e. relatives by affinity within the same degrees as those enumerated.

Note: Relatives by CONSANGUINITY are NOT INCLUDED

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Complex Crime A single act constitutes two or more GRAVE OR LESS GRAVE FELONIES, or when an offense is a
NECESSARY MEANS FOR COMMITTING THE OTHER, the PENALTY FOR THE MOST SERIOUS crime shall be
IMPOSED, such shall be applied in its maximum period.

Elements of Compound Crimes

A single act is committed by the offender
Single act resulted to
a. TWO OR MORE GRAVE FELONIES
b. TWO OR MORE LESS GRAVE FELONIES

Complex crimes proper one offense is necessary to commit another. First crime must be a necessary means to
commit the other. This means that the first crime is committed to insure and facilitate the commission of the next
crime.

Elements of Complex crime proper

That at least two offenses are committed
That one or some of the offenses must be NECESSARY TO COMMIT the OTHER

Special Complex Crimes which are treated as single indivisible offenses although comprising more than one
specific crime and with specific penalty.

These refer to two or more crimes that the law treats as a single indivisible and unique offense for being the
product of a single criminal impulse.
Example:
Rape with Homicide Homicide must always be consummated, otherwise separate offenses. The
Rape may either be CONSUMMATED or ATTEMPTED.

Kidnapping with Homicide -

Kidnapping with Rape Offender should not have taken the victim with lewd designs; otherwise, it
would be a complex crime of FORCIBLE ABDUCTION WITH RAPE.

Robbery with Homicide additional homicide is not aggravating

Robbery with Rape additional rape is not aggravating.

There is no complex crime of ARSON WITH (MULTIPLE) HOMICIDE

o If the main objective is the burning of the building or edifice, but death results by reason or
on occasion of arson, the crime is simply ARSON, and the resulting homicide is absorbed

o If, on the other hand, the main objective is to kill a particular person who may be in a
building or edifice, when fire is resort to as the means to accomplish the goal the crime
committed is MURDER.

o If the objective is, likewise to kill a particular person, and in fact the offender has already
done so, but fire is resorted to as a means to COVER UP THE KILLING, then there are two
separate crimes committed HOMICIDE/MURDER and ARSON

Problem: A after a verbal fight with B regarding their ex-boyfriends, resorted in planning to kill the latter.
A studied where B passes every night before going home. A also investigated as to where B lives. A after 2
days of following B decided to execute his plan. B arrived in his house around 8 in the evening. A was

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 already waiting outside Bs house since 6 in the evening. After an hour, A with the use of a false-key
opened the gate of As house, A then entered the house by opening the unlock door at the back. A
searched for the electrical main-switch, and turn it off. B shouted after A shut-down the electricity. A
followed the voice of B, B keeps on talking while looking for the emergency lights. As to the surprise of B,
A was already in front of her in the living room. A stabbed B in the neck. Blood was all over the living room
and all over the clothing of A. A decided to bring B in her room. A then look for clean clothes at Bs closet,
and changed. A thinking of hiding the crime, and evidence of what she did went out of the room. A
directly go to the kitchen and removed the hose of the LPG tank. Fumes of the LPG is all over after a few
minutes. A then left a lighted candle near the back door, and left. The boarding house of B was burned.
Criminal Liability/ies? Separate crimes of Murder and Arson. A committed Murder with evident
premeditation and treachery, killing B. A hide the crime by burning the boarding house. Original intention
is to kill B, not to burn the boarding house.

INDETERMINATE SENTENCE LAW is mandatory except:

1. ISL does not apply for offenders whose crimes committed are punishable by DEATH, RECLUSION
PERPETUA and LIFE IMPRISONMENT.
2. Those convicted of treason, conspiracy, or proposal to commit treason, misprision of treason,
rebellion, sedition, or espionage, convicted of piracy
3. Habitual delinquents
4. Those who escaped from confinement or those who evaded sentence
5. Those granted conditional pardon and who violated its terms
6. Those whose maximum period of imprisonment does not exceed one year.
- The penalty imposed does not exceed one year, the accused cannot
avail of the benefits of the law, the application of which is based
upon the penalty actually imposed in accordance with the law and
not upon that which may be imposed in the discretion of the court.
7. Those who are already SERVING final judgment upon approval of the ISL.

RULES

The sentence MUST STATE: WITHIN THE RANGE OF __________ AS MINIMUM, AND WITHIN THE
RANGE OF ___________ AS MAXIMUM

Always consider first the PRIVILEDGE MITIGATING CIRCUMSTANCE, if there is any.

After considering the PMC, lower the maximum period by one degree

Modifying circumstances should be considered only in the MAXIMUM

Consider now the ACs and the OMCs

If there is only one AC SET MAXIMUM to maximum period

If there is only one MC and no AC SET MAXIMUM to minimum period
If there is no MC and no AC SET MAXIMUM to medium period
If there are 2 MCS and No AC LOWER MAXIMUM to ONE DEGREE, whether
indivisible or divisible, 2 MCS is considered as PMC
If there are more than 2 MCS and 2 ACS set-off, MAXIMUM is set to medium
period

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 If there are more ACs than MCs set-off, MAXIMUM is set to minimum if what is left
is MC, set to maximum period if what is left is AC.

The minimum is fixed at one degree lower than the penalty provided by the RPC
Special laws that use the nomenclature of penalties of the RPC shall be covered by the rules of ISL

Parole VS Pardon

In parole, the minimum sentence must be served; in Pardon, service is not required for the grant thereof

Parole is a benefit granted by law, specifically the ISL, pardon is an exercise of the power of the president under
the constitution.

Probation vs ISL

Probation ISL
Sentence Must not be more than 6 years Maximum period must be more
than 1 year
Penalty Imprisonment or fine Imprisonment only
Disposition Sentence is suspended Minimum to be served
Violation Entire sentence shall be served Unexpired portion shall be served
Appeal Forecloses probation No effect on the operation of ISL
Availability Only once Every time as long as offender is
NOT DISQUALIFIED
Nature A privilege; convict must applied Mandatory; convict need not apply
for it for it.

Extinction of Criminal Liability

Death of the accused criminal liability extinguishes at any stage of the proceedings, civil liability
extinguishes if death occurs before final judgment
Service of sentence
Amnesty
Prescription of crime
Absolute pardon
a. Pardon by the president extinguishes the criminal liability but not the civil; on the otherhand,
pardon by the offended does not so extinguish the liability EXCEPT by the VALID MARRIAGE of
the VICTIM and the OFFENDER in RAPE and in crimes against chastity. Offended can waive civil
liability.
i. Limitations on the pardoning power of the Chief Executive
1. Power be exercised after final conviction
2. Power does not extend to cases of impeachment

Prescription of the penalty

Marriage of the offended woman in rape
Express Repeal of penal law

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 AMNESTY PARDON
APPLICATION Generally to political crimes and offenders Generally to ordinary crimes and offenders
Effect Obliterates the effects of conviction as if Relieves of the offender of the penalty but
the act were not criminal the effects of conviction
Congress Concurrence required Stay concurrence not needed
When given Even before conviction After final conviction
Beneficiary Usually a class of persons A specific individual
Nature Public act of the president; courts must Private act of the president; no judicial
take judicial notice notice.

Prescription of crimes
Commencement of prescription:
From the day on which the crime is discovered by the offended party, the authorities, or their
agents

When shall it be interrupted?

Prescription is INTERRUPTED by the FILIING OF THE COMPLAINT, OR INFORMATION

When shall prescription run again?

Prescription of the crime COMMENCE TO RUN AGAIN, when such proceedings is TERMINATED
WITHOUT the accused being convicted or acquitted, or are unjustifiably stopped for any reason not
imputable to him.

Prescription of the crime will not run if the offender is NOT IN THE PHILIPPINES.

Crime Prescription
RP, RT 20 years
Afflictive penalties 15 years
Punishable by correctional penalties except arresto mayor 10 years
Arresto mayor 5 years
Libel or other similar offenses 1 year
Offenses of oral defamation and slander by deed 6 months
Light offenses 2 months
Compound crime highest penalty imposed is the basis of prescription

Prescription of the Penalty

Penalty Prescription
RP 20 years
RT, Disqualification, and prision mayor 15 years
Prison Correcional, suspension and distierro 10 years
Arresto Mayor 5 years
Arresto Menor, public censure 1 year

Prescription of penalty starts to run, when the convict EVADES service of sentence by ESCAPING DURING THE
TERM OF HIS SENTENCE. If the convict has not suffered deprivation of liberty before his arrest and as a
consequence, never evaded sentence by escaping during the term of his sentence, the period of prescription never
began.

Prescription of the Crime is tolled when the convict

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 Gives himself up
Is captured
Goes to another country with which the Philippines has no extradition treaty
Commits another crime before the expiration of the period of prescription.

Prescription of Crime vs Prescription of Penalty

PC is the LOSS of the RIGHT to prosecute the offender whereas PP is the loss of the right to ENFORCE the penalty
for the CRIME COMMITTED.

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