’ A . =| CENTRAL BAR OPERATIONS 2010 ATEHEO CENTRAL BAR beter tl ge CRIMINAL LAW Abel ood ee ATTY. RONALD CHUA & ATTY. BRADY DE CASTRO ee NINA MBjJIA & VIVIAN VENTURA ANNA MELISSA MARK JOREL ERICA CHRISTEL ABARQUEZ CALIDA PATINOCRIMINAL LAW REVIEWER ATENEO rrenarons zoo _ Section 2. Effects ofthe penalties according ta thelr respective nature. BOOK ONE PRELIMINARY TITLE... “TITLE ONE — FELONIES AND CIRCUMSTANCES WHICH AFFECT CRIMINAL LIABILITY. ‘Chapter |. Felonies. Chapter V. Alternative Creumstances "HTLE TWO - PERSONS CRIMINALLY LABLE FO FELONIES ____ “4 “TITLE THREE — | POulias a8 chapter -reitiSi wots ~Persaies hapa eee acetone oe ‘Section Section 1 nt nr oi tli manger ty ; im Section 3. Chapter V. Execution and Service of Penalties. Section 1.~ General Provisions. Section 2.— Execution of Principal Penalties... ‘TITLE FOUR — EXTINCTION OF CRIMINAL LIABILITY. Chapter |. - Total Ext fon of Criminal Liability,a ag > OPERATIONS 2010 itis Chapter il. Partial Extinction of Criminal Liability. Vi. TITLE FIVE ~CIMILUABILITY. ‘Chapter L.— Persons Chilly Liable for Felonies even Chapter H.— What Civil Liability Included. nen ‘Chapter i, — Extinction and Survival of Civ Liability. bier sat — 38 36 Sectin 4. ~ Crimes against eligi ‘TITLE THREE — CRIMES AGAINST PUBLIC ary s cnn at saeco Section 2.— Violation of parliamentary immunity. Chapter Chapter IV. — Assault upon, and resistance and Disobedience to Persons in Authority and theit Agents. 64Te) gs ed Wien Chapter V. —Publc DisorderS.n.—- vn 68 ‘Chapter VI.~ Evasion of Service of Sentence... s Stataatet Chapter Vi — Commission of Another Crime During Service of Penalty Imposed for Another Previous Offense.. we 69 ‘TITLE FOUR— CRIMES AGAINST PUBLIC INTEREST... ‘Chapter |. ~ Forgeries.. Section 1. ~ Forging the seals Government of tehmpine Island, the signature or stamp of the Chief eciive.- 69 Si dette section 4 ~ Forging treasury or banknotes, obligations and secures: importing ad uttering fl op fred notes, ‘obligations and securities... os - = 70 ~ Falfcaion of legiative, public, commerial, and private dociments and wireless, telegraph and ai ngs fn einer he oun rank, title, and improper use of naines, uniforms and 78 TMESIK- cometiagimc MORALS... (Chapter |. Gambling and Betting... Chapter Il. Offenses Against Decency and Good Customs... ‘TITLE SEVEN ~ CRIMES COMMITTED BY PUBLIC OFFICERS. Chapter 1. — Preliminary Provisions... ‘Chapter ll, Malfeasance and Misfeasance in Office.a) OPERATIONS 2010 Section 1. Dereliction of duty... Section 2.~ Bribery. Chapter il. — Frauds ane egal Exactions and Transaction... Chapter IV, ~ Malversation of Pubic Funds oF Property. Chapter V.— Infidelity of Public Officer. Infidelity in the custody of pris Secon 2. niet o bia of acumen. Section 3.—ReVelation of secrets xeon 7 cooper omer ofensesor trees by Pubic Ofer. section 1.~ Disobedience, refusal of assistance, and maltreatment of prisoner. Section 3. Usa rouge pein eget Sica ae ime Borns 6 Ries AGANSEPERSONS. x chapter. — Physical injuries. 2 Chapter i= Rape... Chapter L.—Crimes indir Section 1. ~legal detention. Section 2.—Kidnapping of minors... Section 3. ~Siavery and Servitude... CChepter I~ Crimes Against Security Section 1.— Abandonment of helpless persons and exploitation of minors... 07 aeRIMINAL LAW REVIEWER. eh Ta eee eed | Fam Section 2,— Trespass to dwelling Section 3. ~ Threats and coercio Chapter Il. —Discovery and Revelation of Secrets.. ‘TITLE TEN~ CRIMES AGAINST PROPERTY... sans Chapter 1. Robbery in General. 322 Section 1.— Robbery with neering person. hares i tt opal nda ge Va es Cape iit Shaper x =| fens om rr iyi cine fans Poe | filveeuevend crimes agaiers CHAS, hoptert.—Adutry and cone. Chapter .—Rape and Acts of ace ‘Chapter I. ~ Seduction, Corruption of Mi ‘Chapter |. Simulation of Births and Usurpation of Civil Status. (Chapter I~ Megal Marriages... “TITLE THIRTEEN ~ CRIMES AGAINST HONOR. Chapter |.—tibel... Section 1. ~ Definition, forms, and punishment ofthis crimes...TE N EF O itl MES Section 2.~-General Provisions... 148, (Chapter I.—Incriminatory Machinations.... ‘TIE FOURTEEN — QUASI-OFFENSES... 148 Sole Chapter — Criminal Negligence. ANT-FENCING LAW OF 1979 (P.D. 1612). INDETERMINATE SENTENCE LAW. PROBATION LAW OF 1976... CA.NO. 616 (An Act to Punch Espionage ee tite National Security 0 532 (ANTEPIRACY AND Al —_ aor 1974) 2 : wir As . ie RAN sun he 2 tie eo", vox pcatnaat umes IT, MUTILATION, TEARING, Sue OR DESTAUCTI| OF CENTRAL BANK NOTES AND CONS. 10 ‘ets Law CA NE A, a amie A: O85 CCockfighting Law of 1973. Mendicancy LAW OF 1978 P.0. 1563. ANT-GRAFT AND CORRUPT vs act vcr Denna ano peNALZins Me can OF AEST ANTE-HAZING LAW R A, NO. 8049. [ANTI-VIOLENCE AGAINST WOMEN AND THEIR CHILDREN ACT OF 2004 R.A. NO. $282. ennevw met BOUNCING CHECKS LAW B.P. 22.. eA LEGAL RECRUITMENT Under the Migrant Workers Act R.A. No, 8082.ed TaD OPERATIONS 2010 ae ANTI-sexual harassment act (R.A. NO, 7877] R.A. No. 4200 The Anti-Wire Tapping Act.. HEINOUS CRIMES ACT OF 1983 (RLA. No. 7658). REPUBLIC ACT NO. 8294 (Law Penalizing illegal Possession of Firearms, et)CRIMINAL LAW REVIEWER @VlENs E wi ‘CRIMINAL LAW ~ A branch of municipal law which defines 5, treats of thelr nature and provides for thelr dd a (Mixed Theory ~ Combination of the classical and positivist theories where crimes that are economic and social in nature should be dealt ina positive manner. The law is thus ‘more compassionate. punishment. Characteristics of Criminal Law: : 7 Construction of Penal Laws: 1 General binding on all persons who reside or sojourn in APF tbeyy concede eablronataet ee a. The offender must clearly fall within the terms of the Exceptions: ee a. Treaty Stipulation , _Anactis criminal only when made so by the statute. Pit so Ceetarer APpactte 2. _Incases of confit with offical translation, original Spanish Example: Law granting immunities and privileges to: jee ucomeg Sovereigns and other chiefs of state eee Spat | Ambassadors, ministers plenipotentiary, minister pence aa resident and charges affaires ta aok Pn at Ercept: Consuls, viceconsuls and other foreign SUL Bien tereet ium ‘commercial “representatives CANNOT dim the Stee eee privileges and immunities accorded to ambassadors cit ce and ministers. > eons : * 24. Prohibition on cruet and unusual punishments or excessive Principles of Publicintemational law =: ehriteee ast 2. Territorial — Penal lows of the Philippines:ae' enforceable. 05. GENERAL PROVISIONS ‘ony within ts territory. me Exceptions: Art.2 of RC Offense committed while on airship Forging oF counterfeiting any note of the Philipines or obligations nd the securities issued by the Government * Introduction into the country of the atove- mentioned obligations and secures 4. Wile being public offeers and employeed"an offense committed in the exerdse of their 3. Prospective - Penal laws do not have retroactive effect. Exception: When the law is favorable to the accused Exceptions to the Exception: 2. The new law is expressly made inapplicable to Pending actions or existing causes of action. b. Offenders a habitual criminal. “Theories of Criminal Law: 1, Classical Theory ~ Basis of criminal lability is human free will. Emphasis is on the result of the crime than upon the criminal. The purpose of penalty is retribution. The RPC is ‘enerally governed by this theory. 2 Positivist Theory — Bass is the sum of social and economic [phenomena which conditions man to do wrong in spite of fr contrary to his volition. Example: provisions on impossible crimes and habitual detinquency.. Rules: e 1 Phisppine essa! or airship — Philippine law shall apply to offenses committed at vessels registered with the Philippine © Breast etary. region of he ese ot Che functions _ wine > Ashi of the owner, which matters. ©. Crimes against national security and the 158of . the nations = D> Foreign vessel French Rule ‘Genera. nun Cimes committed aboard a foreign vessel hk ero waters of a courty are NOT table n wii the eBurts of such country, EXCEPTION: Crime affects the peace and security of the territory, or endangers the safety ofthe state. English Rule ("Observed in the Philippines) (GENERAL RULE: Crimes committed aboard 2 foreign vessel within the territorial waters of a country are triable in the courts of such county. EXCEPTION: When the crime merely affects things within the vessel or refers to the internal management thereof. Matipuan Volunzeors: taneca Maboya- ~ ae Advisers Atty Ronald Chuo; Atty. Brady De Castro Heads: Nina Mejia; iv Ventura Understudy: Andi Dimatana; Laka Calma; Star larba Andrea 1CENTRAL BAR OPERATIONS 2010 FELONIES AND CIRCUMSTANCES WHICH AFFECT CRIMINAL LIABILITY. ‘Chapter One: FELONIES ART, 3. Definition FELONIES Acts and omissions punishable bythe law. [ACT~ An overt or external act. ‘OMISSION Failure to perform a duty required bylaw. of Felony: 11 There must be an act or omision. 2. This's punishable iy the RPC. 3. Act was done by means of deceit (doo) a (culpo). : NULLUM CRIMEN, NULLA POENA SINE LEGE - There I no. ‘rime when there sno law punishing. (Castiation of Felonies at the Mean of Expy | BOK ek Intentional Fetonies-by means of Belek fio. {) freedom, (i) inteligence, (i) intent. 1 Culpable Felonies- by means offal fentpal t egies: ‘+ It was held in the case of Ah Chong v. US that a mistake ‘of fact will exempt a person from criminal ability so tong, 2s the alleged ignorance or mistake of fact was not due to negligence or bad faith. In examining the Circumstances attendant in the present case, the Court finds that there was negligence on the part of Baxinela. ajo, when he was shot, was simply turning around to see who was accosting him. Moreover, he identified himself saying "t am MIG." These circumstances alone ‘would not lead a reasonable and prudent person to believe that Baxinela's life was in peril, Thus, his act of shooting Lao, to the mind of this Court, constitutes clear negligence. (Baxinelav. People(2006)) () freedom, (i) intetigence, (i) (lack oft ram ACCIDENT: With freedom and intelligence, but no intent nor negligence or imprudence (MISTAKE OF FACT ~ Misapprehension of fact on the part of the Person who caused injury to another. Such person is not criminally fable. 1. Mistake of fact destroys presumption of criminal intent. Requisites: 2. Act would have been lawful had facts been as believed bi tntention is lawful. «. Mistake of fact is not due to carelessness or fault of accused. (Mistake of fact Is not applicable in culpable felonies. in culpable felony, intent is immaterial, as requisite of intent is replaced by negiigence, imprudence, lack of foresight or lack of sil Advisers Atty Ronald Chua; Ay, Brady De Castro Heads: Mina Mejia; Viv Ventura Understudy: And Dimalanta: Laka Cala; Star llorbot: Andrea atipuan Volunter: Janeca Naboya— ‘Phdemertofaime, 7 Nokan element Esertiinnteniond tenis | Geni ony when thetieriyl thefonisn deuce Inkdoniesbymemsofdees, | lnsomepsaricuer lorie proof of tHinddementchokniainess | speiicitentisrequred. ‘bagenenlinent. Ecinterttoblinfustatisor altempte homicide AR. A. Criminal Liability rasion of. the do bochforent from that which he intended 1. Intentional fefony has been commited. 2. Wrong done to the other party Is the direct, naturalCENTRAL oye, and logical consequence of the felony. Situations where offender is still criminally lable because of his, Criminal intent: 1. Errorin personae — mistake in identity 2. _Aberratio ictus ~ mistake in blow 3. Praetor intentionem — lack of intent to commit so grave a wrong PROXIMATE CAUSE ~ the cause, which in the natural and continuous sequence unbroken by any efficient intervening, ‘cause, produces the injury, without which the result would not, have occurred, Par, Requistes: 1. Act would have been an offense against persons or property. 2. There was criminal intent. 3. Accomplishment is inherently inadequate or ineffectual means are! 4. Act is not an actual violation of the Code or of special aw. sa Impossible crime occurs when there is: 1 Inherent mpm o com e, 2. Inadequate means to 3 Vena ome ee ‘© Appeliant is clutching at straws. It ty doubt ‘that appellant could have known positively that the i was already dead when he struck her. Papoose ‘only completely contradicts his judicial n, itis also speculative as to cause of death. In the particular circumstances of the event, appellant's mere™ ‘conjecture that AAA had already expired by the time he hacked her cannot be sufficient to support hs assertion of an impossible crime. (People w. Gumimba (2007)) ART. 5. Duty 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 In case of excessive penalties, this article may NOT be invoked in 23¢ts involving mala prohibita but only to acts mala in se becouse the degree of malice is considered. ART. 6. Consummated, Frustrated and Attempted Felonies Stages of Consummation: 1. CONSUMMATED — When all te elements necessary for its . advises: Ay Roald Chua; ty. Brady De ato Heats: Nina Me, Vw Ventura Undesty atipuan Volunteer: Janoca Naboya— OPERATIONS 2010 Ty ‘execution and accomplishment are present. 2. FRUSTRATED Elements: 2. Offender performs al acts of execution. b. All these acts would produce the felony. © BUT the felony is NOT produced by reason of ‘causes independent of the will ofthe perpetrator 3. ATTEMPTED. Elements: . Offender commences the felony directly by overt acts. Offender does not perform all acts which would produce the felony. Offender did not stop by his own spontaneous existance. which do not have Frustrated and Attempted stages: ‘1: efenses punishable by Specal Penal Laws, unless the law prides otherwise «¢ 2. Formatcriines ~ consummated in one instance fe ee ee flee to an enemy country, treason, . do not aden of Frustrated stage: L 2 ‘Gorupton of Public Officers ‘Adtery 5. Bhislcl niry Tek Crimes which do not admit of Attempted stage: 1.Slander 2 False Testimony 2 Stages in the Development of a Crime: 1. Internat acts = Mere ideas ofthe mind Not punishable 2 External acts ‘a. Preparatory acts - not punishable, except when ‘considered by law as independent crimes Ex Art. 304 on Possession of picklocks and similar tools 'b. Acts of Execution - punishable under the RP 1 Dhmatanta; Laka Calma; Star Juarba Andrea ’Oxtasdeauin | Aasdomnionae | Aasoeensin eo reset west Nakdemain | Cheeta aepeet | cxwiitndorctatioest Oxoreasahe | Deprmergans | tran gertnnos | ineperskrtalthevlcl deicneedtte ‘hepepetalar ep ART. 7. When Light Felonies are Punishable ‘GENERAL RULE: Punishable only when crime is consummated EXCEPTION: If crime is committed against aD a — ae Example: slight physical injuries, theft, alte marks, malicious mischief, and ieuiguing agaist honor AR 8 consi and Propose omit a Flog i Se bp aE ‘Pat. 1. CONSPIRACY, bee, oS |» Set equistes: ia 1. Twoor more persons come to an affemeii. 2 Forth commision ofa felomy 3. They decide to commitit, ‘Concepts of Conspiracy: LL Asacrime in sett Ex conpiracy to commit rebellion, "Siraemnssott | ‘treason, sedition, coup d'etat 2. Merely as.a means to commit a crime Requistes: a. Aprior and express agreement b. Participants acted in concert or simultaneously indicative of a meeting of the minds towards @ common criminal objective. Note: Conspiracy to commit a felony is diferent from ‘conspiracy as a manner of incurring criminal Kabilty. GENERAL RULE: Conspiracy to commit 2 felony is not punishable since itis merely a preparatory act. EXCEPTION: When the law specifically provides for a penalty Example: rebellion, insurrection, sedition, coup 4 etat Advisers: Atty. Ronald Chua; Ate. Brady De Castro Hea aL OPERATIONS 2010 (GENERAL RULE: The act of one isthe act ofall. EXCEPTION: Unless one or some of the conspirators committed ‘some other crime which is not part of the intended crime, Exception to the exception: When the act constitutes on indivisible offense, ‘Pat. 2 PROPOSAL TO COMMIT AFELONY 1. Aperson has decided to commit a felony 2. Such person proposes its execution to some other person(s) ‘Overt Acts in Conspiracy must consist of: 1. Active participation in the actual commission of the crime itself, or 2. Moral assistance to his co-conspirators by being present during the commission of the crime, oF eerting a moral ascendance over the other co- rators by moving them to execute or implement te clini plan. (People v Abui(2003}) = Note: Only principals and accomplices arable. (Art. 16) ART. 9. Grave Felonies, Less Grave Felonies and Light Felonies Importance of classification: 1. Todetermine whether the felonies can be camplexed ornot 2. Todetermine the prescription ofthe crime and of the penalty. Penalties and Periods of imprisonment: 1. Grave felonies — affictive penalties: 6 yrs. and 1 day to reclusion perpetua (ie) 2. Less grave felonies — correctional penalties: 1 month and 1 day to 6 years 3. Light felonies -arresto menor (1 day to 30 days) wae Nina Mafia Vie Ventura Understudy: Andi Dimalanta; Lala Cala; Star lular; Andrea Katipuan Volunteer: Janeca Naboya — 7CENTRAL BAR OPERATIONS 20/0 ART. 10. Offenses not Subject to the Provisions of this Code (GENERAL RULE: RPC provisions are supplementary to special laws. EXCEPTIONS: 1. When special law provides otherwise: 2. When application of RPC is impossible of application, either by express provision or by necessary Implication Provisions of RPC applicable to Special Laws: Ar. 16 Participation of Accomplices + Art 22 Retroactivty of Penal laws if favorable to the accused ‘+ -AIL.45 Confiscation of instruments used in the crime "Note: When the special aw adopts the penatties imposed in PG, the provisions of the RPC on imposition of on stages of execution, degree of participation ‘of mitigating and aggravating circumstance may be JUSTIFYING CIRCUMSTANCES ANI WHICH, ‘CRIMINAL UABILITY ART. 11. Justifying Circumstances (ROADS2) FROM JUSTIFYING CIRCUMSTANCES ~ Where the act of a person is in accordance with law, hence said person is deemed not to have violated the law. (GENERAL RULE: No criminal and civil liability incurred. EXCEPTION: Civil lability in par. 4 (Avoidance of Greater Evil or {njury)the ability borne by persons benefited by the act. Par 1, Self-Defense Blements: 1 UnletlAgeresion Indispensable quirement * Actual physical assault or aggression or an immediate and imminent threat is requced. * The defense must have been made during the existence of aggression, otherwise tis ao longer justifying. 2. Reasonable necessity of the means employed to prevent or repel it— Test of reasonableness: (2) Weapon used by ageressor (2) Physical condition, character, size and other ircurnstances of aggressor Physical condition, character, size and circumstances of ” defending himself (8), Place and occasion of assault : 3. tack of sufficient provocation on the part of the person NOTE! Perfect equality between the weapons used or material comimensurabilty between the means of attack and defense by the one defending himself and that of the ageressor is not Giequired. 1 is because the victim does not have sufficient ‘2 )Paportunty te think and aleubte. zh in Self-Defense: ‘of person Defense of ights protected bylaw 3. Defense of property 4, Defense of chastity Kinds of SettDefense: 1 Setfdefense of chastity —There must be an attempt to rape the viet 2 Defense of property ~ Must be coupled with an attack on the person of the owner, or on one entrusted with such Property. ‘+ attack on property alone was deemed sufficient to comply with element of unlawful aggression. {People v Narvaez) Self defense in libel —lustied when the libel is aimed at 2 Petson's good name. “Stand ground when in the right” -The law does not require 2 person to retreat when his assallant is rapidly advancing upon him witha deadly weapon, 7 Advisers: Atty. Ronald Guus; Att. Brady De Castro Heads: Nina Mejia; Viv Ventura Understudy: Andi Dimalanta; Lala Calma; tar ularbat Andrea atipuan Volunteer: Janeca Naboya~NOTE: Under R.A. No. 9262 (Anti-Viatence Against Women and Their Children Act), vietim-survivors who are found by the Courts to be suffering from Battered Woman Syndrome (8WS) do not incur any criminal or civil ability. BWS is a scientifically defined pattern of psychological and behavioral symptoms found in women living in battering relationships as a result of, cumulative abuse. Par 2, Defense of Relatives Elements: 1 2 Unlawful aggression (indispensable requirement) Reasonable necessity of the means employed to prevent orrepel it In case the provocation was given by the person attacked, the one making the defense had no part in 3 ed Pd OPERATIONS 2010 Cg consequence of the due performance of the duty, or the lawful exercise of such right or office. NOTE: The accused must prove that he was duly appointed to ‘the position claimed he was discharging at the time of the commission of the offense. ‘An order has been issued. The order has a lawful purpose and not patently illegal. ‘Means used by subordinate to carry out said order is, lawl. 1 2 3. NOTE: The superior officer giving the order cannot invoke this, is material, as the Such proveston. Istivinecreamsance, Good fath Subordinate snot tale or arying ot an egal order he lative ented to the Defense: pet ovate ts Megat ander wep 1. Spouse Pea 2 ewndaes va WULE: Subontnte aon ike ths ccunstancs 3 Senge woes ey pete 1 tiie ternal te When there © compution ofa reste orc, o ‘relatives by affinity in the same degrees ‘under impulse of uncontrollable fear. 5. eae NOTE: The restive defended may be eign justify the act of the relative defendi such provocation. Par 3. Defense of a Stranger Elements: 1 ttre met 2 Reasonable necessity of the means prevent or repelit Person defending be not induced = resentment or other evil motive Greater Evil or injury (state of Evil sought to be avoided actually exists. Injury feared be greater than that done to avoid it No other practical and less harmful means of preventing it 1 2 3 NOTE: The necessity must not be due wo the negligence or violation of any law by the actor. Fulfillment of | oF Office Elements: 1. Accused acted in the performance of duty or in the lawful exercise ofa right or office. Injury caused or offense commited is the necessary of Ri 2. + Rie 12. Exempting Groumstances {IE NDIA} XENIPTING CIRCUMSTANCES - Grounds for exemption from punishment due fe absence of any conditions inthe agent ofthe _ime which makes the a valuntary ox neghgent ‘The gomplete absence of intelligence, freedom of action, ‘absence of negligence on the part ofthe accused. Se enim ‘and must be proved by the defendant. —+ —Advisers: Atty. Ronald Chua; Atty. Brady De Castro Heads: Nina Melia; Viv Ventura Understudy: Andi Dimslanta; Lala Calma; Star ularal; Andrea Katipuan Volunteer: Janeca Naboya—IMBECILE - One who while advanced in age has a mental development comparable to that of children between 2 and 7 ‘years old. He's exempt in all cases from criminal ability. INSANE — One who acts with complete deprivation of Intelligence/reason or without the least discernment or with total deprivation of free will, This does not include mere abnormality of the mental faculties (GENERAL RULE: Exempt from criminal liability EXCEPTION: The act was done during a lucid interval NOTE: Presumption of sanity: Defense must prove that the ‘accused was insane atthe time of the commission of the crime. Pa. Requisite: Offender is under 9 years of age at. of the commission of the crime. There is criminal irresponsibility in the case of a minor under $ years of age. NOTE: Under RA. 9344 (Juvenile Justice and Welfare CENTRAL BAR a Years of aa ha ie ‘Wsand<70 | Filesporsity 7 a > ‘Mitigated responsibilty no impostion of death ‘perelty @ecuion of desth sentence may be eas eee Elements: 1. Apersonis performing a lawful act. 2. With due care 3. He causes injury to another by mere accident. 4. Without fault or intention of causing it Par. 5 Irresistible Force IRRESISTIBLE FORCE ~ Offender uses violence or physical force to ‘compel another person to commit a crime. 5 ne campylin ety means prea fe, CRIMINAL LAW REVIEWER eas ee) gy ee ae nore 1. No advantage of superior strength when one attacks ‘another with passion and obfuscation. 2. TEST for abuse of superior strength: the relative strength Of the offender and his victim and whether or not he took advantage of his greater strength, 3. When there are severat offenders participating in the crime, they must ALL be principals by direct participation and their attack against the victim must be concerted and intended to beso. 4. Abuse of superior strength is inherent In the cxime of parricide where the husband kills the wife. itis generally accepted that the husband is physically stronger than the wife. The element of band ic appreciated when the offense is commited by ‘more than three armed Imalefactors regardless of the comparative strength of the victim or victims. Offender employs means that materially weak ower of the offended party. be 1. Where one, strugging with another, ‘a oak over the head of his ‘wounds or Ks him. 2. When the offender, who had the intention to kil the Victim, made the deceased intoxicated, thereby ‘materially weakening the atter’s resisting power. ee NOTE: This circumstance is applicable only to crimes against ‘persons, and sometimes against person and property, such as. ‘robbery with physical injures or homicide, the ited wit ‘TREACHERY ~ When the offender commits any of the crimes against the person, employing means, methods or forms in the execution thereof which tend directly and specially to insure its execution without risk to himself arising from the defense which the offended party might make, Requisites: 1L._ That at the time of the attack, the victim was nat in a postion to defend himself, and 2. That the offender consciously adopted the particular ‘means, method or form of attack employed by him. TEST: It not only the relative position of the parties but also Whether or not the victim was forewarned or afforded the ‘opportunity to make a defense or to ward off the attack. Rules regarding Treachery: 1. Applicable only to crimes against persons. 2. Means, methods or forms need not insure accomplishment oferime. 3. The mode of attack must be consciously adopted. Note: 1. Treachery is apprecisted even if the crime agnnst the person is comploxed with another felony invoking. 9 ferent classication in the Code. Thus, in the special caer crme of rahey wih amie, teacher it an asthe kiling concerned 2. The saideness of ok in Hach docs ot constute "treachery, ‘even if the purpose was to kill, so long as the decision was made alof 3 sudden and the victim's helpless Dostion was accidental. ‘3. Treachery applies in the killing of a child even if the manner “ofattack snot shown, rca The EEDA Treachery: must be proved by leer and convincing Sat #4 gevidence. the aggression is continuous, treachery must be in the beginning ofthe assaul. x Even if the deceased was shot while he was lying ‘wounded on the ground, it appearing that the firing of the shot was a mere continuation of the assault in Which the deceased was wounded, with no appreciable time intervening between the delivery of the blows and the firing of the shot, It cannot be said ‘thatthe crime was attended by treachery. 2. When the assault was not continuous, in that there was interruption, itis sufficient that treachery was present at ‘the moment the fatal Blow was given. Ex. Hence, f there was a break in the continulty of the ‘gression and at the time of the fatal wound was inflicted on the deceased he was defenseless, the circumstance of treachery must be taken into account. Advisers Atty Ronald Choa; Atty, Brady De Castro Heads: Nina Mejia Viv Ventura Understudy: Andi Dimalanta Lala Calm; Star Iularbal Andes atipuan Vohinteer: Janeca Naboya—