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Atty Maximo Amurao Notes PDF
Atty Maximo Amurao Notes PDF
CRIMINAL
LAW
1
June
17,
2011
Introduction
to
Criminal
Law
Q:
What
is
criminal
law?
CRIMINAL
LAW
–
branch
of
law
which
defines
crimes,
treats
of
their
nature
and
provides
for
their
punishment
Q:
Suppose
Congress
enacted
a
piece
of
legislation,
and
any
violation
of
that
law,
penalty
will
be
payment
of
damages,
is
that
criminal
law?
Q:
Suppose
the
form
of
penalty
will
be
confiscation
of
license,
is
that
criminal
law?
Q:
How
will
you
define
a
crime?
*what
particular
act
constitutes
the
crime
*what
are
the
elements
of
the
acts
Q:
What
is
criminal
procedure?
CRIMINAL
PROCEDURE
–
body
of
rules
that
enforces
or
regulates
criminal
law,
provides
for
the
steps
in
the
prosecution
and/or
conviction
of
an
accused.
Q:
Is
there
any
difference
between
criminal
law
and
criminal
procedure?
Yes.
Q:
What
are
the
differences?
CRIMINAL
LAW
CRIMINAL
PROCEDURE
*substantive
*procedural/remedial
*GENERALLY
prospective,
*prospective,
BUT
CAN
BE
applied
RETROACTIVE
unless
favorable
to
the
accused,
provided
accused
is
not
a
habitual
delinquent
*only
comes
from
the
legislative
*can
be
promulgated
by
the
judiciary
or
law-‐making
body;
never
from
the
executive
or
judiciary
*in
favor
of
the
ends
of
substantial
justice
Q:
who
is
a
habitual
delinquent?
A
person
who
within
a
period
of
10
years
from
the
date
of
his
last
release
or
conviction
of
the
crimes
of
1)
serious
or
less
serious
physical
injuries,
2)
robo,
3)hurto
4)estafa
or
5)
falsification,
he
is
found
guilty
of
any
of
said
crimes
a
third
time
or
oftener
(Art
62,
rpc)
Q:
Suppose
accused
is
a
HD,
will
there
be
prospective
or
retroactive
application
of
criminal
law?
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla Salendab
CRIMINAL LAW Page 2 of 139
Lecture & Recitation Notes Atty. Maximo Amurao
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla Salendab
CRIMINAL LAW Page 3 of 139
Lecture & Recitation Notes Atty. Maximo Amurao
So
that
PH
will
be
familiarized
with
the
new
provisions
of
the
RPC
Q:
Who
approved
the
RPC?
US
President
Q:
What
are
the
theories
in
criminal
law?
Classical,
Positivist,
Mixed
CLASSICAL
-‐the
objective
is
retribution
-‐
the
emphasis
is
on
the
crime
-‐consistent
with
the
saying
“an
eye
for
an
eye,
a
tooth
for
a
tooth”
-‐
man
has
free
will
to
do
or
not
to
do
-‐
the
criminal
liability
arises
from
knowledge
and
freedom
-‐man
is
a
rational
being
-‐example:
RA
9372
(Human
Security
Act
of
2007)
POSITIVIST
-‐the
objective
is
reformation
-‐the
emphasis
is
on
the
criminal
-‐believes
that
crime
is
a
social
phenomenon
-‐sees
man
as
a
moral/human
being
-‐man
by
nature
is
good
-‐man
is
exposed
to
environment
where
man
is
compelled
to
do
a
crime
-‐example:
RA
9344
(Juvenile
Justice
and
Welfare
Act
of
2006)
Probation
Law
of
1976
Indeterminate
Sentence
Law
MIXED
-‐combines
the
classical
and
the
positivist
-‐applied
classical
theory
for
heinous
crimes
-‐applies
the
positivist
for
economic
and
social
crimes
Q:
What
do
we
apply
in
the
Philippines?
Mixed.
Our
system
is
a
little
bit
of
classical
and
a
little
bit
of
positivist.
The
RPC
is
classical
and
recent
laws
enacted
by
the
legislature
are
positivist
in
nature.
Q:
What
is
the
degree
of
proof
needed
to
convict
an
accused
of
a
criminal
charge?
Proof
beyond
reasonable
doubt
Q:
Is
this
absolute?
No.
In
the
crime
of
treason,
PBRD
is
not
the
only
requirement.
There
is
a
requirement
of
the
2
witness
rule
Q:
May
a
person
be
convicted
by
reason
of
the
spirit
of
the
law?
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla Salendab
CRIMINAL LAW Page 4 of 139
Lecture & Recitation Notes Atty. Maximo Amurao
No.
Only
by
the
language
of
the
law.
It
should
be
clear
and
in
case
of
doubt,
it
should
be
favorable
to
the
accused.
June
21,
2011
Q:
What
are
the
kinds
of
repeals?
1. Absolute
or
Express
-‐the
effect
is
decriminalization
-‐the
obliteration
of
a
crime
-‐for
pending
cases,
the
case
shall
be
dismissed
-‐for
those
serving
sentence,
they
shall
be
released
because
there
is
no
more
reason
for
the
accused
to
serve
sentence
2. Partial
or
Implied
-‐the
crime
is
still
punishable,
but
modified
(in
terms
of
penalty)
-‐example:
the
case
of
Robin
Padilla,
PD
1866
was
partially
repealed
by
RA
8294,
which
reduced
the
sentence
for
illegal
possession
of
firearms,
thus
qualifying
Robin
Padilla
for
parole
3. Self-‐repealing
-‐deemed
repealed
upon
the
expiration
of
the
date
specified
by
the
law
-‐the
law
dies
a
natural
death
-‐example:
RA
1700
(Anti-‐Subversion
Law)
and
Rent
Control
Law
Q:
What
is
the
general
characteristic
of
criminal
law?
Criminal
Law
is
binding
on
all
persons
who
live
or
sojourn
in
the
Philippine
territory,
regardless
of
race,
nationality,
political
affiliation.
Q:
Is
this
rule
absolute?
No.
The
exceptions
are:
1.
Treaties
2.
Laws
of
preferential
application
Q:
What
is
the
territorial
characteristic
of
criminal
law?
Only
crimes
committed
within
the
Philippine
territory
may
be
prosecuted
before
Ph
court
Q:
What
is
the
rationale
behind
this?
A
crime
is
an
offense
against
the
dignity,
authority
and
sovereignty
of
the
Ph
territory;
and
only
the
state
in
which
the
dignity,
authority
and
sovereignty
has
been
offended
has
the
right
to
punish
the
offender.
Q:
Is
the
territoriality
absolute?
No.
The
exceptions
are:
1.
Treaties
2.
Laws
of
preferential
application
Q:
Other
characteristic
of
criminal
law?
Prospective
(non
retroactivity)
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla Salendab
CRIMINAL LAW Page 5 of 139
Lecture & Recitation Notes Atty. Maximo Amurao
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla Salendab
CRIMINAL LAW Page 6 of 139
Lecture & Recitation Notes Atty. Maximo Amurao
EXCEPT:
*crime
committed
by
a
US
personnel
against
the
property
and
security
of
the
US
–
Ph
has
no
jurisdiction,
these
includes:
1.
against
the
property
of
the
US
2.
against
the
security
of
the
US
3.
against
the
property
of
another
military
personnel
4.
against
the
security
of
another
military
personnel
5.
committed
in
the
performance
of
official
duties
Q:
Suppose
US
military
personnel
was
driving
at
Roxas
Blvd
to
deliver
a
confidential
letter
to
the
US
embassy,
while
driving,
he
run
over
a
pedestrian,
which
court
has
jurisdiction?
US.
Committed
in
the
performance
of
official
duties.
Q:
Suppose
one
night
US
military
personnel
went
to
the
bar,
after
drinking
and
being
so
tipsy,
raped
a
woman,
which
court
has
jurisdiction?
PH.
Not
in
the
performance
of
official
duties
Q:
Suppose
2
Filipino
citizens
working
as
US
military
personnel
in
the
PH
had
a
quarrel.
Filipino
1
shoots
Filipino
2.
Who
has
jurisdiction?
US.
Citizenship
is
immaterial.
What
is
important
is
attachment
to
the
US
military
Q:
Suppose
the
one
who
was
injured
filed
a
civil
case
for
damages,
will
it
prosper?
No.
VFA
covers
only
criminal
aspect
Q:
1
US
marine
stole
the
wallet
of
another
US
marine,
who
has
jurisdiction?
US.
Property
of
another
military
personnel
Q:
Suppose
you
are
a
judge,
the
US
wrote
a
letter
for
you
to
waive
jurisdiction,
what
will
you
do?
Generally,
the
PH
has
to
waive
jurisdiction
upon
request
of
US.
The
request
for
waiver
cannot
be
rejected.
Q:
Is
this
rule
absolute?
No.
The
request
for
waiver
may
be
rejected
if
the
crime
is
of
particular
importance
RA
9659
(heinous
crime)
RA
7610
(child
abuse
cases)
RA
9165
(dangerous
drugs)
Q:
Suppose
US
military
personnel
committed
kidnapping,
who
has
jurisdiction?
PH
courts.
This
is
a
crime
against
personal
security
Q:
Give
an
example
of
Laws
of
Preferential
Application
that
is
local
in
nature?
Constitution
*immunity
suit
of
president
*absolute
immunity
of
Congress
for
privilege
speeches
*Congress
immune
from
libel
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla Salendab
CRIMINAL LAW Page 7 of 139
Lecture & Recitation Notes Atty. Maximo Amurao
NOTE:
Art
6,
Sec
11,
1987
Consti
is
not
an
exception.
BECAUSE
Congress
is
only
immune
from
arrest
not
from
prosecution
Q:
What
else?
RA
75
–
Public
International
Law
Diplomatic
immunity
and
cannot
be
sued,
arrested
or
punished
by
the
law
of
the
country
where
they
are
officially
assigned:
Ambassadors
Sovereign
or
other
chief
of
State
Ministers
plenipotentiary
or
minister
residents
Charge
d’affairs
Domestic
Servants
of
persons
mentioned
NOTE:
Consuls
and
other
consular
officials
are
not
exempt
from
criminal
liability
because
they
represent
the
business,
commercial
mercantile
of
their
country;
while,
ambassadors,
chiefs
of
State,
etc.
represent
the
political
interests
of
their
country
of
origin.
WARSHIP
RULE
-‐warship
of
another
country,
even
though
docked
in
the
PH
is
considered
an
extension
of
the
territory
of
that
country
Q:
suppose
the
warship
of
US
is
docked
at
Subic,
one
day,
you
went
to
Subic
with
your
gf,
brought
her
to
the
ship,
and
then
raped
her.
Will
you
be
prosecuted?
No.
Warship
is
an
extension
US
territory
Q:
suppose
after
raping
her,
you
brought
your
gf
to
her
parents,
will
you
be
prosecuted?
No.
Warship
rule
Embassy
Rule
–
same
as
warship
rule
Q:
Suppose
one
day,
you
shut
a
person
at
Roxas
Blvd,
when
the
police
officers
were
running
after
you,
you
jumped
over
the
fence
of
US
embassy.
May
the
officers
arrest
you,
while
you
are
inside
the
US
embassy?
No.
Q:
What
is
then
the
remedy
of
the
officers
(Ph
government)?
Extradition
Q:
suppose
a
Filipina
legally
married
had
sexual
intercourse
with
an
American
at
the
Ph
embassy.
Is
there
any
crime
committed?
Yes.
The
crime
of
adultery,
but
she
cannot
be
prosecuted
under
Ph
courts
because
of
the
embassy
rule.
Q:
who
else
is
exempt/immune
from
criminal
prosecution?
Executive
directors
of
WHO
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla Salendab
CRIMINAL LAW Page 8 of 139
Lecture & Recitation Notes Atty. Maximo Amurao
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla Salendab
CRIMINAL LAW Page 9 of 139
Lecture & Recitation Notes Atty. Maximo Amurao
Q:
Suppose
you
live
in
a
coastal
town,
then
you
hired
an
unregistered
motorboat,
then
you
went
to
int’l
waters,
then
you
shoot
your
gf
because
you
are
so
depressed
because
of
recitations
in
criminal
law
review,
will
you
be
liable?
No.
unregistered
motorboat
Q:
suppose
in
the
same
motorboat,
a
married
man
with
his
new
gf
went
on
high
seas,
and
there
got
married.
Is
the
man
liable
for
any
crime?
Yes.
He
is
liable
for
bigamy.
(because
he
contracted
a
second
marriage)
BUT
he
cannot
be
prosecuted
because
of
the
territoriality
principle.
The
crime
was
committed
outside
Ph
territory.
Q:
suppose
after
the
wedding
ceremony,
you
went
to
a
resort,
where
there
is
a
big
reception.
In
that
resort,
you
had
your
honeymoon;
will
you
(married
man)
be
liable
for
any
crime?
No.
Not
concubinage
because
mere
sexual
intercourse
not
punishable,
it
must
be
under
scandalous
manner
Q:
suppose
after
your
honeymoon,
you
live
together
in
a
condo
in
Manila,
will
you
be
liable?
Yes.
Concubinage
Cohabitation;
living
in
a
separate
home
as
husband
and
wife
Q:
What
are
the
2
rules?
English
Rule
–
vessel
is
in
the
territory
of
another
country,
crimes
committed
in
that
area
are
triable
in
that
other
country,
unless
the
crimes
committed
involve
purely
internal
matters
within
the
vessel;
the
emphasis
is
on
the
territoriality
of
the
vessel;
where
the
vessel
is
found
French
Rule
–
vessel
is
in
the
territory
of
another
country,
crimes
committed
in
that
area
are
not
triable
in
that
country,
unless
the
crimes
committed
have
endangered
the
peace
and
security
of
that
country;
the
emphasis
is
on
the
nationality
of
the
vessel;
jurisdiction
lies
where
the
merchant
vessel
is
registered.
^The
PH
adheres
to
the
English
rule
Q:
Cargo
ship,
registered
in
Panama
while
in
Manila,
1
crew
member
shoot
the
other
crew
member,
who
has
jurisdiction?
Ph
courts.
Crime
committed
in
manila
Q:
Cargo
ship,
registered
in
Panama,
carried
shabu,
which
court
has
jurisdiction?
Ph
courts.
Q:
Second
instance
in
Art
2?
Art
2
par
2.
Should
forge
or
counterfeit
any
coin
or
currency
note
of
the
Philippine
Islands
or
obligations
and
securities
issued
by
the
Government
of
the
Philippine
Islands
Q:
what
may
be
the
subject
of
forgery?
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla Salendab
CRIMINAL LAW Page 10 of 139
Lecture & Recitation Notes Atty. Maximo Amurao
Any
coin,
Currency
Note,
obligations
and
securities
issued
by
the
Government
of
the
Philippine
Islands
Q:
Suppose
you
have
a
printing
press
in
Taiwan,
and
you
printed
Bagong
Lipunan
notes
(martial
law),
liable?
No.
Because
Bagong
Lipunan
notes
are
not
legal
tender
Q:
Suppose
coins
withdrawn
from
circulation,
liable?
Yes.
The
law
does
not
distinguish.
It
says
ANY
COIN
Q:
Suppose
in
you
tampered
a
lotto
ticket,
liable?
Yes.
Lotto
ticket
is
obligations
and
securities
issued
by
the
GPI
Q:
give
examples
of
obligations
and
securities
of
GPI
Treasury
bills,
lotto
tickets,
bonds
of
the
BSP
^Obligations
and
Securities
of
GSIS,
SSS,
Landbank
are
not
of
the
GPI
because
they
have
their
own
charter
Q:
any
other
instance?
Art
2,
par
3
Should
be
liable
for
acts
connected
with
the
introduction
into
these
islands
of
the
obligations
and
securities
mentioned
in
the
presiding
number
^those
who
introduced
the
counterfeited
items
are
criminally
liable,
even
if
they
were
not
the
ones
who
counterfeited
the
obligations
&
securities
^on
the
other
hand,
those
who
counterfeited
the
items
are
criminally
liable
even
if
they
did
not
introduce
the
counterfeit
items
Q:
any
other
instance?
Art
2,
par.
4
While
being
public
officers
or
employees,
should
commit
an
offense
in
the
exercise
of
their
functions
Q:
who
is
a
public
officer?
(see
Art
203)
*taking
part
in
the
performance
of
public
functions
in
the
government,
or
performing
in
said
government
or
in
any
of
its
branches
public
duties
as
an
employee,
agent
or
subordinate
official,
of
any
rank
or
class;
and
*that
his
authority
to
take
part
in
the
performance
of
public
functions
or
to
perform
public
duties
must
be
–
a. by
direct
provision
of
the
law,
or
b. by
popular
election,
or
c. by
appointment
by
competent
authority
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla Salendab
CRIMINAL LAW Page 11 of 139
Lecture & Recitation Notes Atty. Maximo Amurao
Q:
Suppose
PH
ambassador
to
Germany
was
given
USD
200,000
as
a
fund
to
renovate
the
PH
embassy
building
in
Germany.
He
used
only
USD
50,000
for
the
renovation,
and
gave
the
USG
150,000
to
his
number
2
in
Germany.
Is
he
(ambassador)
liable?
Yes.
He
is
liable
for
malversation
of
public
funds.
He
may
be
prosecuted
in
Ph
courts.
He
was
in
custody
of
the
money
by
reason
of
his
official
functions
Q:
Suppose
our
AFP
high
officials
were
tasked
to
scout
for
firearms
abroad,
and
while
they
are
negotiating
with
foreign
companies
abroad,
these
companies
inserted
USD1000
in
the
proposal
folder
in
anticipation
that
their
company
will
be
chosen
by
AFP
to
be
the
supplier
of
our
firearms.
May
these
AFP
officials
be
liable?
Yes.
They
are
liable
for
bribery.
Q:
(follow-‐up)
Even
if
the
act
of
accepting
the
bribe
was
committed
abroad,
will
they
still
be
liable?
Yes,
because
the
act
was
committed
in
relation
or
while
the
AFP
are
in
discharge
of
their
official
functions.
Q:
Suppose
Chairman
Abalos
(comelec)
while
playing
golf
in
Shanghai,
China
received
USD50,000
in
relation
to
the
ZTE?
Is
there
a
crime
committed?
May
he
be
liable?
Crime
–
anti
graft
&
corrupt
practices
act
BUT,
he
cannot
be
liable/prosecuted
before
Ph
courts
because
Abalos
has
nothing
to
do
with
ZTE
(paki
alamera
lang
siya).
Therefore,
he
received
the
money
not
in
connection
with
his
official
function.
Q:
Suppose
the
PH
ambassador
to
Australia
is
legally
married.
Can
he
be
prosecuted
for
concubinage?
No.
Crime
was
committed
outside
PH
Crime
was
not
in
relation
to
official
functions
Elements
of
concubinage:
1. That
the
man
must
be
married.
2. That
he
committed
any
of
the
following
acts:
a. Keeping
a
mistress
in
the
conjugal
dwelling.
b. Having
sexual
intercourse
under
scandalous
circumstances
with
a
woman
who
is
not
his
wife.
c. Cohabiting
with
her
in
any
other
place.
3. That
as
regards
the
woman
she
must
know
him
to
be
married
Q:
Can
the
PH
ambassador
use
immunity
from
suit
as
a
defense
against
PH
courts?
No
Q:
PH
ambassador,
married,
had
sexual
intercourse
with
her
American
boyfriend
in
the
comfort
room
of
PH
embassy.
May
he
be
prosecuted?
Yes.
Ph
embassy
is
an
extension
of
Ph
territory
For
what
crime
–
adultery
Q:
may
the
American
citizen
bf
be
liable
for
any
crime?
Yes.
Adultery
Elements:
*That
the
woman
is
married
(even
if
marriage
subsequently
declared
void)
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla Salendab
CRIMINAL LAW Page 12 of 139
Lecture & Recitation Notes Atty. Maximo Amurao
*That
she
has
sexual
intercourse
with
a
man
not
her
husband.
*That
as
regards
the
man
with
whom
she
has
sexual
intercourses,
he
must
know
her
to
be
married.
Q:
Last
instance?
Art
2,
par
5
Should
commit
any
of
the
crimes
against
national
security
and
the
law
of
nations,
defined
in
Title
One
of
Book
Two
of
this
Code.
Q:
Give
example
of
crimes
against
national
security?
Treason,
espionage,
conspiracy
to
commit
treason
Q:
How
about
rebellion?
No.
rebellion
is
crimes
against
public
order
Q:
crimes
committed
by
the
MILF?
No.
Crime
against
public
order
Q:
example
of
violation
of
the
law
of
nations?
Anti
–
terror
law
Crimes
against
humanity
Genocide
Q:
what
are
the
2
kinds
of
piracy?
Piracy
under
the
RPC
Piracy
under
PD
532
Q:
what
does
Art
2
covers?
Piracy
under
RPC
only.
Because
piracy
under
PD532
is
committed
within
PH
waters
Article
3
Q:
What
are
felonies?
Acts
and
omissions
punishable
by
law
are
felonies
(delitos).
Q:
What
do
you
mean
by
“punishable
by
law”
Punishable
by
the
RPC
Q:
how
felonies
are
committed?
Felonies
are
committed
not
only
be
means
of
deceit
(dolo)
but
also
by
means
of
fault
(culpa).
Q:
What
is
dolo?
What
is
culpa?
There
is
deceit
when
the
act
is
performed
with
deliberate
intent
and
there
is
fault
when
the
wrongful
act
results
from
imprudence,
negligence,
lack
of
foresight,
or
lack
of
skill.
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla Salendab
CRIMINAL LAW Page 13 of 139
Lecture & Recitation Notes Atty. Maximo Amurao
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla Salendab
CRIMINAL LAW Page 14 of 139
Lecture & Recitation Notes Atty. Maximo Amurao
*honest
mistake
of
fact
is
a
*honest
mistake
of
fact
is
not
a
defense
defense
*punishable
under
RPC
*punishable
under
special
laws
*condemned
by
society
*injurious
to
public
welfare
*act
done
must
be
criminal
*it
is
sufficient
that
the
intent
prohibited
act
was
done
Q:
give
examples
of
Mala
In
se?
RPC
–
homicide,
murder,
parricide,
arson
…
and
so
on…
Q:
give
examples
of
Mala
prohibita
Anti
Fencing
Law
Bouncing
Check
Law
Illegal
Possession
of
Firearms
Anti
Human
Trafficking
Law
Anti
Hijacking
Lack
Q:
Suppose
your
bf
is
a
police
officer,
1
day
while
you
were
having
your
date
in
Luneta
Park,
your
bf
had
to
answer
the
call
of
nature,
so
he
handed
to
you
his
pistol,
while
you
were
holding
it,
the
officers
arrested
you,
may
you
be
liable
for
illegal
possession
of
firearms?
No.
Transient
Possession
not
liable
Although
I
was
in
possession,
although
I
have
no
license
to
posses,
Still
not
liable
because
I
have
no
intent,
and
this
is
an
exception
to
mala
prohibita
Q:
Suppose
the
police
officers
are
running
after
a
man,
then
the
man
throw
his
.45
caliber,
you
were
around
the
corner
and
you
extended
your
arms,
then
the
firearm
fell
on
your
hands,
may
you
be
liable
for
illegal
possession?
No.
Transient
possession
Q:
Suppose
I
(atty.
Amurao)
mortaged
my
firearm
to
you
for
30
days,
and
on
the
20th
day,
there
was
a
raid
in
your
house,
may
you
be
liable
for
illegal
possession?
Yes.
There
is
animus
possendi
an
act
or
omission
Act
–
any
physical
movement
of
the
body
(Amurao);
any
bodily
movement
tending
to
produce
some
effect
in
the
external
world
(Reyes)
Omission
–
means
inaction;
the
failure
to
perform
a
positive
duty
which
one
is
bound
to
do;
there
must
be
a
law
requiring
the
performance
of
an
act
and
punishing
the
omission;
eg.
arbitrary
detention;
misprision
of
treason
punishable
by
the
Revised
Penal
Code
^When
there
is
a
conflict
between
special
penal
laws
and
the
Revised
Penal
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla Salendab
CRIMINAL LAW Page 15 of 139
Lecture & Recitation Notes Atty. Maximo Amurao
Code,
in
terms
of
the
application
of
penalties,
what
to
follow?
^What
is
important
is
the
definition
and
the
classification
of
the
act
(whether
it
is
an
offense
or
a
felony)
Special
Penal
Laws
=
penalties
are
stated
in
terms
of
years,
months,
days
Revised
Penal
Code
=
penalties
are
stated
in
terms
of
degrees,
with
death
as
the
highest
penalty;
classified
as
indivisible
or
divisible
a.
indivisible
=
death
and
public
censure
b.
divisible
(has
3
periods;
what
period
to
apply
is
dependent
on
the
aggravating
and
mitigating
circumstances
present
in
the
case)
Penalties
under
the
RPC
(in
descending
order
in
terms
of
degree)
Death
or
Capital
Punishment
-‐
indivisible
Reclusion
Perpetua
(20yrs
&
1day
–
40yrs)
Reclusion
Temporal
(12yrs
&
1day
–
20yrs)
Prision
Mayor
(6yrs
&
1day
–
12yrs)
Prision
Correccional
divisible
or
Destierro
(6mos&1day
–
6yrs)
Arresto
Mayor
(1mo
&
1day
–
6mos)
Arresto
Menor
(1day
–
30days)
Fine
Public
Censure
–
indivisible
the
acts
done
should
be
voluntary
(Amurao)
voluntary
-‐
the
concurrence
of
intelligence,
freedom,
intent
(Ortega)
^all
should
be
present
in
order
to
incur
criminal
liability
(a)
intelligence
–
no
intelligence,
no
criminal
liability;
eg.
children
15
yrs
old
&
below
are
exempt
from
criminal
liability
(RA
9344)
(b)
freedom
–
no
freedom,
act
is
not
voluntary,
no
criminal
liability
(c)
intent
–
essential
to
a
felony;
prosecution
has
to
prove
intent;
good
faith
is
a
defense
Article
12
of
the
RPC
(Exempting
Circumstances)
is
amplified
by
the
importance
of
the
element
of
voluntariness:
(a)
intelligence
–
insanity/imbecility
[Art.12(1)];
minority
[Art.12(2&3)]
(b)
freedom
–
under
the
compulsion
of
some
irresistible
force
[Art.12(5)];
fear
of
greater
injury
[Art.12(6)];
failure
to
perform
an
act
required
by
law
when
prevented
by
some
lawful
or
insuperable
cause
[Art.12(7)]
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla Salendab
CRIMINAL LAW Page 16 of 139
Lecture & Recitation Notes Atty. Maximo Amurao
(c)
intent
–
by
mere
accident
w/o
fault
or
intent
to
cause
harm
[Art.12(4)]
Alibi
–
used
in
defense
saying
that
the
act
or
omission
was
not
done
at
all;
intends
to
disprove
the
existence
of
an
act
or
omission;
weakest
defense;
can
easily
be
fabricated;
eg.
Vizconde
case
–
Webb’s
alibi
=
he
argued
that
he
was
in
the
US
when
the
crime
happened,
therefore,
he
could
not
have
killed
the
victims,
claiming
that
he
is
innocent
Actus
non
facit
reum,
nisi
mens
sit
rea
–
an
act
of
a
criminal
should
be
coupled
by
a
criminal
mind
the
defense
of
honest
mistake
of
fact
-‐
the
act
done
by
the
accused
would
have
constituted:
(a)
a
justifying
circumstance
(Art.11,
RPC)
-‐
in
all
instances
=
no
criminal
liability;
no
civil
liability
(b)
an
absolutory
cause
[Art.247(2)]
(c)
an
involuntary
act
Requisites
for
honest
mistake
of
fact
as
a
defense:
1.
that
the
act
done
would
have
been
lawful
had
the
facts
been
as
the
accused
believed
them
to
be
2.
that
the
intention
of
the
accused
in
performing
the
act
should
be
lawful
3.
that
the
mistake
must
be
without
fault
or
negligence/carelessness
on
the
part
of
the
accused
Cases
on
honest
mistake
of
fact:
1.
US
v.
Ah
Chong
(landmark
case)
-‐
Ah
Chong
killed
friend
Pascual
thinking
he
was
a
thief/ladron
-‐
there
was
sufficient
warning
on
the
part
of
accused;
accused
was
acquitted
2.
US
v.
Apego
-‐
accused
killed
her
brother-‐in-‐law
in
fear
of
being
raped;
guilty
of
homicide
3.
People
v.
Oanis
-‐
policemen
killed
the
wrong
person
w/o
warning;
guilty
of
murder
4.
People
v.
Bayambao
-‐
accused
killed
his
brother-‐in-‐law
thinking
he
was
an
outlaw
-‐
brother-‐in-‐law
acted
as
if
he
going
to
attack;
accused
was
acquitted
Motive
-‐
special
reasons
that
impel
the
accused
to
act
(Amurao)
-‐
the
moving
power
which
impels
one
to
action
for
a
definite
result
(Reyes)
-‐
not
an
essential
element
of
a
felony
-‐
evidence
of
motive
is
necessary
only
in
case
of:
(1)
doubt
in
the
identity
of
the
accused
(Amurao),
(2)
two
conflicting
versions
of
the
crime
-‐
motive
is
established
by
the
testimony
of
the
witness
-‐
lack
of
motive
may
be
an
aid
in
showing
innocence
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla Salendab
CRIMINAL LAW Page 17 of 139
Lecture & Recitation Notes Atty. Maximo Amurao
Discernment
–
ability
of
the
accused
to
determine
right
from
wrong
Exceptions
to
the
general
rule
on
malum
prohibitum
crimes
(PLEASE
REFER
TO
REYES
BOOK)
1.
Cuenca
v.
People
-‐
Cuenca
was
acquitted
by
the
SC
from
the
crime
of
illegal
possession
of
an
unlicensed
firearm;
it
is
said
that
the
SC
erred
in
its
decision
(Amurao)
2.
People
v.
Landicho
-‐
convicted
by
the
trial
court;
decision
reversed
by
the
Court
of
Appeals
-‐
the
CA
held
that
convicting
the
accused
would
be
sacrificing
substantial
justice
for
mere
technicality
3.
People
v.
Mallare
-‐
case
was
about
the
delay
of
the
issuance
of
the
license
-‐
the
accused
convicted
by
the
trial
court;
decision
reversed
by
the
CA
-‐
the
CA
held
that
the
blame
should
be
put
on
the
government
not
on
the
applicant
of
the
license
4.
mere
transient
possession
of
unlicensed
firearm
-‐
not
criminally
liable
-‐
in
the
crime
of
illegal
possession
of
unlicensed
firearm,
for
an
accused
to
be
criminally
liable,
there
should
be
animus
posidendi
or
“intent
to
possess”
Article
4
Concept
of
proximate
cause
–
injury
inflicted
Q:
What
is
proximate
cause?
Proximate
cause
is
that
cause
which
sets
into
motion
other
causes
and
which
unbroken
by
any
efficient
supervening
cause
produces
a
felony
without
which
such
felony
could
not
have
resulted
As
a
general
rule,
the
offender
is
criminally
liable
for
all
the
consequences
of
his
felonious
act,
although
not
intended,
if
the
felonious
act
is
the
proximate
cause
of
the
felony
or
resulting
felony.
A
proximate
cause
is
not
necessarily
the
immediate
cause.
This
may
be
a
cause
which
is
far
and
remote
from
the
consequence
which
sets
into
motion
other
causes
which
resulted
in
the
felony.
Immediate
cause
–
infection
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla Salendab
CRIMINAL LAW Page 18 of 139
Lecture & Recitation Notes Atty. Maximo Amurao
NOTES BY:
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year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla Salendab
CRIMINAL LAW Page 19 of 139
Lecture & Recitation Notes Atty. Maximo Amurao
Q:
Give
the
elements
of
impossible
crime
vis-‐à-‐vis
facts
of
Intod
Q:
Give
the
case
of
PP
v
Jacinto?
Q:
do
you
agree
with
the
decision?
Q:
How
is
theft
committed?
Q:
Is
it
an
element
that
the
accused
should
make
or
actually
profit?
No
Q:
May
a
person
be
liable
if
he
did
not
commit
a
crime?
Yes.
Impossible
crime.
Technically
no
crime,
subjectively
–
there
is
a
crime
Q:
What
is
the
penalty?
Arresto
Mayor
or
a
fine
ranging
from
200
to
500
^Urbano
case
Q:
what
is
the
negligence
committed
by
Javier?
Causes
which
may
produce
a
result
different
from
that
which
the
offender
intended,
as
contemplated
in
Art.
4
(1)
1.
there
is
a
mistake
in
the
identity
of
the
victim
-‐
also
known
as
error
in
personae;
or
napagkamalan
-‐
not
a
defense
in
a
criminal
case;
not
even
a
mitigating
circumstance
2.
there
is
a
mistake
in
the
blow
-‐
also
known
as
aberration
ictus
-‐
not
a
defense
in
a
criminal
case;
not
even
a
mitigating
circumstance
3.
the
injurious
result
is
greater
than
that
intended
-‐
also
known
as
praeter
intentionem
Article
4(1)
contemplates
that
there
should
be
a
felony
being
committed
-‐
emphasis
is
not
on
the
mere
wrongful
act;
it
should
constitute
a
felony
-‐
eg.
the
act
of
committing
suicide
results
to
others
being
injured
=
punishable
under
Art.4(1)
because
although
not
intended,
the
injury
was
caused
by
means
of
culpa,
which
can
constitute
a
felony
Article
4(1)
does
not
apply
if
the
act
committed
constitutes
a
crime
punishable
by
special
law
• Concubinage
-‐
instances
-‐
a
husband
bringing
home
a
woman,
that
is
not
his
wife,
to
the
conjugal
dwelling
-‐
having
sexual
intercourse
under
scandalous
circumstances
-‐
cohabitation;
living
in
a
separate
home
as
husband
and
wife
Proximate Cause
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla Salendab
CRIMINAL LAW Page 20 of 139
Lecture & Recitation Notes Atty. Maximo Amurao
-‐
there
is
a
chain
of
causes
from
an
original
act
that
results
to
an
injury
-‐
if
the
result
can
be
traced
back
to
the
original
act,
then
the
doer
of
the
original
act
can
be
held
liable
Efficient
Intervening
Cause
–
interrupted
the
natural
flow
of
events
leading
to
one’s
death
Q:
What
is
impossible
crime?
What
is
the
reason
for
punishing?
Suppress
criminal
propensity
Q:
Suppose
son
forged
signature
of
his
father
in
a
check,
the
deposited
the
check,
but
was
dishonored,
is
this
impossible
crime?
No.
Falsification
of
commercial
document.
Forgery
is
a
crime
against
public
interest
Give
the
elements
of
forgery
Q:
Your
room
mate
kukunin
yung
jewelry
na
nasa
cabinet
na
naka-‐lock,
tapos
wala
pala
yung
jewelry
dun
sa
cabinet,
impossible
crime?
No.
Theft
of
key
ung
tamang
sagot
^woman
lang
ang
pwede
for
forcible
abduction
Instances
when
there
is
a
proximate
cause
and
when
there
is
none
When
there
is
an
intervening
disease
and
the
disease
is:
(a) closely related to the wound(s) = accused is criminally liable
(b)
unrelated
to
the
wound(s)
=
accused
is
not
criminally
liable,
because
the
disease
not
associated
with
the
wound(s),
eg.
brain
tumor
(c)
a
combined
force
with
the
wound(s)
=
accused
is
criminally
liable,
because
the
mortal
wound
is
a
contributing
factor
to
the
victim’s
death
A
mortal
wound
is
a
contributing
factor
when:
i. the wound(s) is/are sufficient to cause victim’s death along with the disease
ii. the mortal wound was caused by actions committed by the accused
2.
When
the
death
was
caused
by
an
infection
of
the
wound
due
to
the
unskilled
medical
treatment
from
the
doctors:
(a)
if
the
wound
is
mortal
=
accused
is
criminally
liable,
because
the
unskilled
treatment
+
infection
are
not
efficient
intervening
causes
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla Salendab
CRIMINAL LAW Page 21 of 139
Lecture & Recitation Notes Atty. Maximo Amurao
mortal
wound
+
unskilled
medical
treatment
only
=
accused
is
criminally
liable
because
the
mortal
wound
naturally
led
to
the
death
of
the
victim
(b)
if
the
wound
is
slight
=
accused
is
not
criminally
liable,
because
the
unskilled
treatment
+
infection
are
efficient
intervening
causes
*In
Urbano
v.
IAC,
the
wound
caused
by
accused
Urbano
was
already
treated
and
was
in
the
normal
process
of
healing
which
is
in
approximately
4weeks;
but
because
deceased
Javier
did
not
wait
for
the
wound
to
heal
and
still
worked
by
fishing,
his
wound
got
infected
with
tetanus
which
caused
his
death.
The
actions
of
the
deceased
when
he
still
worked
without
waiting
for
his
wound
to
heal
was
an
efficient
intervening
cause,
thus
the
accused
is
not
liable
for
his
death
anymore.
Q:
What
is
the
purpose
for
punishing
an
impossible
crime?
The
purpose
of
punishing
an
impossible
crime
is
to
prevent
or
suppress
the
criminal
tendency
of
the
accused
• Persons
found
guilty
of
impossible
crimes
are
sentenced
to
arrestor
mayor
(1mo.1day
to
6mos.)
pursuant
to
Article
59
of
the
Revised
Penal
Code
• Objectively,
there
is
no
crime
Subjectively,
the
crime
is
present
• Should
there
be
a
crime
committed,
in
order
to
be
held
liable
for
an
impossible
crime?
YES;
the
act(s)
should
constitute
a
crime
against
persons
or
property
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla Salendab
CRIMINAL LAW Page 22 of 139
Lecture & Recitation Notes Atty. Maximo Amurao
Q:
if
there
is
a
crime
intended
and
a
crime
committed
is
different,
what
is
the
extent
of
criminal
liability?
The
lesser
penalty
will
be
imposed.
If
the
crime
intended
has
a
lesser
penalty,
then
that
will
be
charged
If
the
crime
committed
has
a
lesser
penalty,
then
that
will
be
charged
Q:
Suppose
you
will
rob
a
jeepney,
because
of
fear,
the
passenger
jumped
of
and
died,
will
be
liable?
Yes.
Because
I
am
committing
a
felony,
and
I
am
liable
for
its
effects.
Q:
Suppose
Amurao
during
your
recit,
pointed
a
gun
at
you
because
of
your
wrong
answers,
then
you
collapsed
and
died.
is
amurao
liable?
Yes.
There
is
grave
threat
Q:
Suppose
the
gun
was
a
toy
gun,
liable?
Yes,
still
liable.
There
is
still
threat
Q:
Suppose
because
of
your
low
grade
in
criminal
law
review,
you
break
up
with
your
boyfriend
being
so
sad,
your
bf
collapsed
and
died,
liable?
No.
Breaking
up
is
not
a
felony
Q:
Suppose
while
you
and
your
boyfriend
is
doing
the
act
itself
(do
I
need
to
elaborate—alam
mo
na
yan),
your
bf
collapsed
and
died,
will
you
be
liable?
No.
The
act
of
having
sex
is
not
a
felony.
Q:
even
if
you
are
not
married
to
each
other?
Yes
sir
Q:
suppose
your
bf
is
married,
are
you
liable?
Yes.
Concubinage
Q:
Suppose
man
had
sexual
intercourse
with
married
woman,
but
the
woman
consented,
crime?
Adultery
Article
5
Article
5(1)
Requirements:
1.
the
act
committed
by
the
accused
appears
to
be
not
punishable
by
law
2. but the court deems it proper to repress such act
3.
in
that
case,
the
court
must
render
the
proper
decision
by
dismissing
the
case
and
acquitting
the
accused
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla Salendab
CRIMINAL LAW Page 23 of 139
Lecture & Recitation Notes Atty. Maximo Amurao
4.
the
judge
must
then
make
a
report
to
the
Chief
Executive
through
the
Secretary
of
Justice
stating
the
reasons
which
induce
him
to
believe
that
the
said
act
should
be
made
the
subject
of
penal
legislation
Why
dismiss?
In
the
absence
of
a
law
that
will
punish
the
accused,
the
judge
cannot
impose
a
penalty
because
the
duty
of
the
judge
is
only
to
interpret
or
apply
the
law;
the
judge
cannot
reprimand
or
curse
the
accused
because
it
would
equate
to
public
censure;
the
reprimand
would
be
inconsistent
with
the
acquittal
Article
5(2)
–
Excessive
Penalties
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla Salendab
CRIMINAL LAW Page 24 of 139
Lecture & Recitation Notes Atty. Maximo Amurao
Attempted
–
there
is
an
attempt
when
the
offender
commences
the
commission
of
the
felony
directly
by
overt
acts
and
does
not
perform
all
the
acts
for
execution
which
should
produce
the
felony
by
reason
of
some
cause
or
accident
other
than
his
own
spontaneous
desistance
NOTE:
Available
only
in
RPC.
Q:
Give
example
of
each
(consummated,
frustrated,
attempted)
Q:
What
are
the
phases?
Subjective
phase
–
from
the
time
the
offender
commences
the
commission
up
to
the
performance
of
the
last
act
where
he
still
has
control;
an
attempted
felony
is
committed
within
the
subjective
phase
and
does
not
go
beyond
this
phase
Objective
phase
–
frustrated
and
consummated
felonies
are
within
the
objective
phase
(a)
frustrated
–
the
felony
is
complete
but
still
is
still
not
produced
as
far
as
the
offender
is
concerned
(b) consummated – when all the elements under the Revised Penal Code are present
(b) frustrated = if only the contents of the building (eg. chairs and tables) are burned
^Intent
is
always
established.
Kahit
pa
apprehended
at
the
time
ot
in
the
act
of
bringing/getting
gasoline
–
attempted
pa
din
Q:
Suppose
built
in
cabinets,
burned
the
clothes
in
the
cabinet,
including
the
cabinet?
Consummated
arson,
deemed
part
of
the
bldg
Q:
Supposing,
the
accused
brought
gasoline
into
a
building,
with
the
intent
to
burn
the
building,
but
was
apprehended
by
the
security
guard;
did
the
crime
of
arson
commence?
YES,
thus
the
accused
is
liable
for
attempted
arson,
because
the
bringing
of
gasoline
was
already
an
overt
act
while
the
apprehension
was
the
reason
other
than
his
own
spontaneous
desistance.
Q:
Supposing,
using
the
same
set
of
facts
above,
but
without
the
intent
to
burn
the
building,
is
there
criminal
liability?
NO,
in
fact
there
is
no
crime,
because
the
acts
were
only
in
an
indeterminate
stage.
Q:
Suppose
the
white
board
was
burned?
White
board
not
an
integral
part
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla Salendab
CRIMINAL LAW Page 25 of 139
Lecture & Recitation Notes Atty. Maximo Amurao
Q:
when
is
the
crime
in
the
attempted
stage?
• Indeterminate
Stage
–
we
do
not
know
what
crime
is
in
the
mind
of
the
offender;
the
crime
has
not
yet
been
determined;
there
are
still
two
possibilities
when
the
accused
was
caught
• According
to
Prof.
Amurao,
when
a
person
is
accused
of
committing
a
felony,
we
have
to
first
establish
the
crime
in
the
mind
of
the
offender
to
establish
the
commencement
of
the
commission
of
the
felony;
otherwise,
the
situation
when
he
was
caught
would
be
in
an
indeterminate
stage,
wherein
the
crime
that
the
accused
intended
to
do
could
not
be
determined
Theft/Robbery
-‐
both
these
crimes
are
committed
by
taking
the
personal
property
of
another
and,
with
the
intent
to
gain
-‐ the difference is that in robbery, there is the use of force or violence
-‐ so long as the act stated in the RPC is done, the crime is consummated
-‐
it
does
not
matter
how
long
the
property
was
in
the
possession
of
the
accused;
it
does
not
matter
whether
the
property
was
disposed
or
not;
what
matters
is
whether
or
not
there
was
“asportacion”
=
unlawful
taking
-‐ momentary possession consummates the crime of theft or robbery
-‐ returning the item to the owner is immaterial; has no effect to the crime
-‐ upon consummation of the crime, criminal liability automatically attaches
Q: you are walking in recto, cellphone was snatched, but it was return to you. What stage?
Consummated
Q:
suppose
in
a
private
subdivision,
with
intent
to
commit
robbery,
you
are
tinkering
with
the
lock
of
a
gate,
the
security
guard
apprehended
you.
Liable?
Yes.
Attempted
robbery
Q:
suppose
you
intent
to
commit
robbery,
then
you
place
a
ladder
at
the
wall
of
the
house,
when
you
place
the
ladder,
you
were
apprehended.
Liable?
Yes.
Attempted
robbery
Q:
if
no
intent?
Not
liable
Q:
accused
trying
to
open
your
car,
problem
is
silent
with
the
intent,
may
you
be
liable
for
attempted
theft?
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla Salendab
CRIMINAL LAW Page 26 of 139
Lecture & Recitation Notes Atty. Maximo Amurao
No.
Opening
the
door
of
the
car
–
only
indeterminate
stage
Q:
Supposing,
the
accused
was
tinkering
with
the
lock
of
the
gate
of
a
neighbor’s
house,
without
the
intent
to
commit
a
felony;
is
he
liable
for
anything?
NO,
because
the
situation
was
in
an
indeterminate
stage
wherein
it
could
not
be
determined
what
the
accused
intended
to
do
Q:
Supposing,
the
accused
jumped
over
the
fence
into
another
person’s
house
without
the
intent
to
commit
robbery,
is
he
liable
for
attempted
robbery?
NO,
but
he
is
liable
for
the
crime
of
trespassing
^Same
with
arson,
when
a
person
is
accused
of
committing
a
felony,
we
have
to
first
establish
the
crime
in
the
mind
of
the
offender
to
establish
the
commencement
of
the
commission
of
the
felony;
otherwise,
the
situation
when
he
was
caught
would
be
in
an
indeterminate
stage,
wherein
the
crime
that
the
accused
intended
to
do
could
not
be
determined
• In
People
v.
Lamahang,
the
accused
was
able
to
open
one
board
of
the
door
to
private
respondent
Tan
Yu’s
store,
when
the
police
caught
him.
The
SC
ruled
that
the
accused
is
not
liable
for
attempted
robbery
because
the
intent
to
rob
Tan
Yu’s
store
was
not
established,
thus
when
accused
was
caught,
it
was
in
an
indeterminate
stage.
But
the
Court
held
him
liable
for
attempted
trespass
to
dwelling
• In
People
v.
Salvilla,
the
accused
were
held
liable
for
the
crime
of
robbery
with
serious
illegal
detention
and
serious
physical
injuries,
and
not
frustrated
robbery,
even
without
physical
taking
or
possession
of
the
money
they
demanded
because
the
money
was
within
the
dominion,
which
the
accused
had
control
over
and
it
was
where
the
crime
was
being
committed.
During
whole
time
when
negotiations
went
on
between
the
accused
and
the
police,
the
crime
of
robbery
was
deemed
consummated
Q:
suppose
hold
up
in
a
grocery
store,
hold
uppers
asked
the
cashier
to
place
the
money
inside
a
bag,
no
one
hold
the
money.
Is
the
crime
consummated?
Yes.
There
is
constructive
control
July
5,
2011
Crimes
involving
the
taking
of
human
life/
Crimes
against
persons
-‐
these
crimes
are
committed
by
killing
a
person
(MHPI):
iii. Parricide – killing a relative, i.e. spouse, parent, child, sibling, etc.
iv. Infanticide – killing a child less than three (3) days old
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla Salendab
CRIMINAL LAW Page 27 of 139
Lecture & Recitation Notes Atty. Maximo Amurao
-‐
even
without
intent,
the
moment
the
victim
dies,
intent
is
presumed
by
operation
of
law
and
the
crime
is
consummated
-‐
if
the
victim
doesn’t
die
but
the
wound
inflicted
is
mortal,
it
is
frustrated
-‐
if
the
there
is
no
intent
to
kill,
but
the
wound
inflicted
is
mortal
or
fatal,
the
crime
is
not
either
MHPI
but
serious
physical
injuries
Mortal
–
when
the
wound
inflicted
can
cause
the
death
of
the
victim;
when
death
will
follow
-‐
for
frustrated
&
attempted
cases,
it
is
important
to
determine
intent
to
kill
Q:
Supposing,
in
a
car
accident,
the
accused
hits
a
person
causing
mortal
wounds,
but
the
victim
does
not
die,
is
the
driver-‐accused
liable
for
frustrated
homicide?
NO,
he
is
only
liable
for
serious
physical
injuries
Rules
on
crimes
against
persons
(MHPI)
and
the
stages
of
execution
1.
victim
dies,
with
or
without
the
intention
to
kill,
intent
is
conclusively
presumed
by
operation
of
law,
the
crime
is
consummated
MHPI
2.
victim
does
not
die,
with
the
intent
to
kill,
mortal
wounds
were
inflicted,
the
crime
is
frustrated
MHPI
3.
victim
does
not
die,
with
the
intent
to
kill,
non-‐mortal
wounds
were
inflicted,
the
crime
is
attempted
MHPI
4.
victim
does
not
die
because
there
was
only
an
overt
act
and
no
wound
was
inflicted,
but
there
was
intent
to
kill,
the
crime
is
attempted
MHPI
5.
victim
does
not
die,
without
the
intent
to
kill,
mortal
wounds
were
inflicted,
the
crime
is
serious
physical
injuries
6.
victim
does
not
die,
without
the
intent
to
kill,
non-‐mortal
wounds
were
inflicted,
the
crime
is
less
serious
or
slight
physical
injuries
Illustration:
(4) NO YES overt act only, no wound Attempted MHPI
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla Salendab
CRIMINAL LAW Page 28 of 139
Lecture & Recitation Notes Atty. Maximo Amurao
In
People
v.
Trinidad,
the
trial
court
held
the
accused
criminally
liable
of
two
counts
of
murder
(for
killing
Soriano
and
Laroa)
and
frustrated
murder
(for
shooting
at
Tan).
The
SC
modified
the
decision
by
ruling
that
the
accused
was
liable
for
two
counts
of
murder
and
attempted
murder,
not
frustrated,
because
the
wound
inflicted
on
Tan
was
not
mortal
or
fatal
In
People
v.
Lim
San,
the
trial
court
held
the
accused
criminally
liable
of
attempted
murder
for
stabbing
Keng
Kin
in
the
left
eye.
The
SC
modified
the
decision
by
ruling
that
the
accused
should
be
liable
of
frustrated
murder
because
not
only
was
it
established
that
there
was
intent
to
kill,
but
also
the
wound
inflicted
was
mortal.
It
just
so
happened
that
the
victim
did
not
die
because
of
the
prompt
and
efficient
medical
assistance
given
to
the
victim.
The
treatment
was
the
cause
independent
of
the
will
of
the
accused.
In
Mondragon
v.
People,
the
SC
held
that
the
accused
was
only
guilty
of
less
serious
physical
injuries
because
when
the
accused
and
the
victim
were
hacking
each
other
with
their
bolos,
there
was
no
intent
to
kill
on
neither
party;
and
also
because
the
victim
did
not
die
since
the
wounds
were
not
mortal
RAPE
-‐
the
crime
of
rape
is
consummated
by
mere
penetration
of
the
male
organ,
no
matter
how
slight
-‐ when the accused mounted on the body of the victim
-‐ when there is epidermal touching of the genital organs of the accused and the victim
The
difference
between
attempted
rape
and
acts
of
lasciviousness
is
that
with
the
former,
there
is
carnal
knowledge
or
the
intent
to
have
sexual
intercourse
is
established
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla Salendab
CRIMINAL LAW Page 29 of 139
Lecture & Recitation Notes Atty. Maximo Amurao
There
is
no
such
thing
as
frustrated
rape;
the
only
exception
was
when
the
SC
ruled
in
People
v.
Eriña
that
the
accused
was
guilty
of
frustrated
rape.
Thereafter,
no
one
has
since
been
held
guilty
of
frustrated
rape.
ESTAFA
-‐
the
elements
for
the
crime
of
estafa
are
(1)
deceit,
and
(2)
damage
-‐
without
one
of
the
two
elements,
estafa
would
not
be
consummated
In
US
v.
Dominguez,
the
SC
ruled
that
the
accused
was
guilty
of
frustrated
estafa
because
before
accused
could
cause
damage
by
disposing
of
the
money
that
he
deceitfully
took,
he
was
apprehended
by
their
store’s
supervisor,
which
was
the
cause
independent
of
the
will
of
the
accused.
OTHER
INSTANCES
FOR
HOMICIDE
AND
OTHER
CRIMES
Q:
Supposing,
with
intent
to
kill,
the
accused
pulls
out
a
gun
then
points
it
at
someone,
what
crime
is
the
accused
liable
for?
Attempted
homicide
Q:
Supposing,
with
intent
to
kill,
the
accused
fires
a
gun
at
someone
but
misses,
what
crime
is
the
accused
liable
for?
Attempted
homicide
Q:
Supposing,
using
the
same
set
of
facts,
but
without
the
intent
to
kill,
what
crime
is
the
accused
liable
for?
-‐
for
pulling
out
the
gun
and
pointing
it
=
grave
threat
-‐
for
firing
the
gun
=
illegal
discharge
of
firearm
(obsolete;
must
be
deleted)
Q:
Supposing,
with
intent
to
kill,
the
accused
fires
a
gun
at
someone,
then
accused
leaves
thinking
that
the
victim
is
already
dead.
The
accused
did
not
know
that
he
missed
because
the
victim
played
dead.
What
crime
is
the
accused
liable
for?
Attempted
homicide,
attempted
because
there
was
no
wound,
but
there
was
still
intent
to
kill.
What
is
important
is
that
there
was
no
wound
Q:
Supposing,
with
intent
to
kill,
the
accused
fires
a
gun
at
someone,
then
accused
leaves
thinking
that
the
victim
is
already
dead.
The
victim
is
hit
but
it
is
not
fatal
or
mortal.
What
crime
is
the
accused
liable
for?
Still
Attempted
homicide,
because
what
is
important
is
the
extent
or
gravity
of
the
wound.
(People
v.
Orinaga)
Q:
suppose
a
sales
lady
in
the
department
store,
place
the
jewelry
inside
her
bag,
but
the
jewelry
was
recovered
by
the
security
guard,
crime?
Consummated
qualified
theft
Q:
will
recovery
affect
the
stage
of
the
commission?
No
Q:
Suppose
the
sales
lady,
voluntarily
returned,
crime?
Still
qualified
theft.
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla Salendab
CRIMINAL LAW Page 30 of 139
Lecture & Recitation Notes Atty. Maximo Amurao
• Exception:
Light
felonies
committed
against
persons
or
property
are
punishable
even
if
in
the
attempted
or
frustrated
stage
Reason:
presupposes
moral
depravity
• For light felonies, the only ones who can be held liable are the principals and accomplices.
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla Salendab
CRIMINAL LAW Page 31 of 139
Lecture & Recitation Notes Atty. Maximo Amurao
• For
grave
or
less
grave
felonies,
those
who
can
be
held
liable
are
principals,
accomplices
and
even
accessories,
because
the
degree
of
the
penalty
to
be
imposed
depends
on
3
factors:
(1)
stages
of
execution
Q:
When
punishable?
Only
when
consummated
Q:
Is
this
absolute?
No.
If
against
persons
or
property
Q:
Reason….
Q:
Who
shall
be
criminally
liable?
Principals
Accomplices
NOT
ACCESSORIES
^Penalty
for
accomplices
-‐-‐
one
degree
lower
(censure)
^Penalty
for
accessories
–
two
degrees
lower
(WALA
NANG
LOWE
PA.
KAYA
NGA
HINDI
LIABLE
ANG
ACCESSORIES)
Q:
Who
is
a
principal?
An
Accomplices?
An
Accessories?
Article
8
Q:
what
is
conspiracy?
-‐
Conspiracy
exists
when
two
or
more
persons
come
to
an
agreement
concerning
the
commission
of
a
felony
and
decide
to
commit
it
-‐
Proposal
exists
when
the
person
who
has
decided
to
commit
a
felony
proposes
its
execution
to
some
other
person
or
persons
General
rule:
Conspiracy
and
proposal
to
commit
a
felony
are
not
punishable
Reason:
because
they
are
mere
preparatory
acts
(Reyes)
Exception:
Conspiracy
and
proposal
are
punishable
only
in
the
cases
in
which
the
law
specially
provides
a
penalty
thereof
Q:
give
an
example
of
conspiracy
&
proposal
Q:
the
effects
of
conspiracy
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla Salendab
CRIMINAL LAW Page 32 of 139
Lecture & Recitation Notes Atty. Maximo Amurao
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla Salendab
CRIMINAL LAW Page 33 of 139
Lecture & Recitation Notes Atty. Maximo Amurao
(ii) Article 136 – Conspiracy to commit coup d’etat, rebellion or insurrection
(iv) Article 186 – Monopolies and combinations in restraint of trade
(v) Conspiracy to commit terrorism -‐ under the Human Security Act (RA9372)
(vi) Conspiracy to commit crimes under the Comprehensive Dangerous Drugs Act (RA 9165)
-‐ there is no crime of proposal to commit sedition
Q:
What
is
the
legal
effect
of
the
presence
of
conspiracy?
-‐
“the
act
of
one
is
the
act
of
all”,
meaning
everyone
who
participated
is
equally
liable;
there
is
collective
responsibility
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla Salendab
CRIMINAL LAW Page 34 of 139
Lecture & Recitation Notes Atty. Maximo Amurao
• It
is
the
burden
of
the
prosecution
to
prove
the
existence
of
conspiracy
through
circumstantial
evidence
unless
there
is
a
confession
or
written
agreement,
which
is
seldom
because
criminals
will
usually
deny
their
participation
or
the
commission
of
the
crime
Q:
What
is
Implied
Conspiracy?
-‐
Implied
conspiracy
can
be
inferred
from
the
acts
of
the
perpetrators/accused
before,
during
or
after
the
commission
of
the
crime
Q:
How
about
the
use
of
words,
remarks
or
language
of
the
perpetrators,
can
conspiracy
still
be
ascertained
or
established?
YES
Q:
May
there
be
conspiracy
when
the
perpetrators
perform
separate,
distinct
and
independent
acts
in
the
commission
of
a
crime?
YES
Q:May
there
be
conspiracy
even
if
other
conspirators
do
not
know
who
the
other
conspirators
are?
YES
*In
People
v.
Manlolo,
it
was
held
that
there
was
implied
conspiracy
on
the
part
of
the
accused
because
they
were
acting
in
concert,
one
performing
an
act,
the
other
doing
another
act,
all
aimed
at
the
same
object
Rule
on
determining
whether
there
is
conspiracy
-‐
based
on
the
(1)
acts
done
before,
during
or
after
the
commission
of
the
crime,
or,
based
on
the
(2)
words,
remarks
or
language
used
before,
during
or
after
the
commission
of
the
crime,
it
is
necessary
to
determine
after
these
acts
were
done
whether
the
conspirators
had
the
following:
1.
concerted
action
3.
community
of
purpose
-‐ all of which are geared towards the attainment of the felony or crime
Q: Supposing, only minor acts were done, will the actor still be liable? YES
Q:
Supposing,
there
was
no
conspiracy,
what
will
happen?
The
perpetrators
of
the
crime
will
be
individually
liable
depending
the
extent
of
the
degree
of
each
one’s
participation
In
People
v.
Agapinay,
the
SC
ruled
that
there
was
no
conspiracy
in
commission
of
the
murder
because
the
incident
was
only
a
spur
of
the
moment
or
in
this
case,
a
“chance
stabbing”,
which
cannot
be
considered
conspiracy,
thus
they
were
held
individually
liable,
some
as
principals
and
some
as
accomplices
only
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla Salendab
CRIMINAL LAW Page 35 of 139
Lecture & Recitation Notes Atty. Maximo Amurao
Q:
Supposing,
there
was
only
mere
presence
of
a
person
when
the
crime
was
being
committed,
will
he
be
liable?
NO,
that
person
not
participating
shall
not
be
liable
because
he
did
not
perform
any
overt
act;
there
should
be
an
overt
act
to
establish
the
participation
and
liability
of
a
person
Q:
Supposing,
the
person’s
presence
when
the
crime
was
being
committed
was
to
provide
was
to
provide
moral
support,
or
to
persuade
the
participants
from
performing
the
acts
constituting
the
crime,
will
he
be
liable?
YES,
in
both
cases
the
person
shall
be
held
criminally
liable
In
order
to
hold
someone
criminally
liable,
in
addition
to
mere
presence,
there
should
be
overt
acts
that
are
closely-‐related
and
coordinated
to
establish
the
presence
of
common
criminal
design
and
community
of
purpose
in
the
commission
of
the
crime.
In
People
v.
Taaca,
the
SC
ruled
to
acquit
Regalado
because
there
was
no
evidence
to
prove
that
Regalado
assisted
his
brother
Herminio
in
the
killing
of
Alfredo
Gabuat;
there
was
no
proof
to
show
that
Regalado’s
presence
was
accompanied
by
overt
acts
for
the
commission
of
the
crime
and
that
there
was
no
proof
of
conspiracy
between
the
Taaca
brothers.
In
People
v.
De
La
Cruz,
the
SC
also
ruled
that
the
mere
presence
of
the
Galaw-‐eys
were
not
enough
to
prove
that
they
conspired
to
the
commission
of
the
crime
despite
the
fact
Galaw-‐ey
had
a
grudge
against
one
of
the
victims;
his
participation
in
a
conspiracy
cannot
be
assumed
especially
when
no
acts
by
the
Galaw-‐eys
proved
to
be
connected
with
the
crime.
In
People
v.
Manero,
however,
the
SC
ruled
that
even
though
the
accused-‐appellants
were
not
present
in
the
actual
commission
of
the
crimes,
it
was
established
that
they
met
in
an
eatery
and
conspired
to
liquidate
communist
sympathizers;
therefore
they
were
still
held
criminally
liable.
Q:
Supposing,
one
person
desisted
from
participating
in
the
actual
crime
and
instead
decided
to
stay
inside
the
get-‐away
car
to
wait
for
the
others,
is
he
liable?
YES,
he
is
still
liable
despite
desistance
to
participate
in
the
actual
crime
because
he
can
still
assist
the
others
with
the
escape
using
the
get-‐away
car
Q:
Supposing,
while
committing
the
crime
of
robbery,
an
additional
crime
was
committed
that
was
not
part
of
the
original
plan,
eg.
homicide;
can
all
the
participants
be
convicted
of
the
crime
of
robbery
with
homicide,
even
though
some
of
them
performed
very
minor
acts
(i.e.
look-‐outs
or
drivers,
etc)?
YES,
they
can
all
be
held
liable
for
that
same
crime,
because
it
is
not
required
that
all
the
participants
perform
each
and
every
detail
in
the
commission
of
the
crime;
as
long
as
the
acts
performed
are
closely
coordinated
and
that
they
have
the
same
criminal
purpose.
Q:
mere
presence
will
one
be
a
co-‐conspirator?
No
Q:
presence
to
give
moral
support?
Liable
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla Salendab
CRIMINAL LAW Page 36 of 139
Lecture & Recitation Notes Atty. Maximo Amurao
Acts
before
separate
and
distinct
concerted
action
Implied
conspiracy
during
closeness
association,
common
criminal
design
Coordination,
personal
words,
after
association
with
each
other
community
of
crimes
remarks
joint
criminal
objective
Article
9
Q:
How
do
you
classify
felonies?
According
to
Penalty
1.
Grave
Felonies
–
those
that
the
law
attaches
the
capital
punishment
or
penalties
that
are
afflictive
based
on
Article
25
of
the
RPC
2.
Less
Grave
Felonies
–
those
that
the
law
punishes
with
penalties
whose
maximum
periods
are
correctional
3. Light felonies – infractions of law that are punishable by arresto menor or fines
• Illustration:
Death
Reclusion Temporal
Prision Mayor
Prision Correccional
Suspension
Destierro
Arresto Menor
Public Censure
• The classification in Article 25 of the RPC assumes significance on Article 91 of the RPC on Prescription:
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla Salendab
CRIMINAL LAW Page 37 of 139
Lecture & Recitation Notes Atty. Maximo Amurao
(i)
Prescription
of
a
crime
–
refers
to
the
expiration
of
a
certain
period,
after
which
a
person
cannot
be
prosecuted
for
the
crime
anymore;
contemplates
that
there
has
been
no
judgment
of
conviction
yet
(ii)
Prescription
of
penalty
–
refers
to
the
expiration
of
a
period
of
time
after
which
the
penalty
imposed
by
the
courts
cannot
be
enforced
anymore;
contemplates
that
there
has
been
a
final
judgment
by
the
courts
3.
Article
17
–
Principals;
are
classified
into
three:
(1)
by
direct
participation,
(2)
by
inducement,
(3)
by
indispensable
cooperation
4. Article 45 – Forfeiture of instruments or tools used in the commission of the crime
6.
Article
8
–
Conspiracy;
in
violation
of
the
Human
Security
Act(RA9372),
Dangerous
Drugs
Act,
sec
26
only
(RA9165),
Bouncing
Checks
Law
(BP22)
*If
the
Death
Penalty
was
not
abolished,
it
will
also
be
given
suppletory
application
allowed.
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla Salendab
CRIMINAL LAW Page 38 of 139
Lecture & Recitation Notes Atty. Maximo Amurao
There
are
two
others
which
are
found
elsewhere
in
the
provisions
of
the
Revised
Penal
Code:
(1)
Absolutory
cause;
and
(2)
Extenuating
circumstances.
In
justifying
and
exempting
circumstances,
there
is
no
criminal
liability.
When
an
accused
invokes
them,
he
in
effect
admits
the
commission
of
a
crime
but
tries
to
avoid
the
liability
thereof.
The
burden
is
upon
him
to
establish
beyond
reasonable
doubt
the
required
conditions
to
justify
or
exempt
his
acts
from
criminal
liability.
What
is
shifted
is
only
the
burden
of
evidence,
not
the
burden
of
proof.
Article 11
Q:
What
is
a
justifying
circumstances?
Justifying
Circumstances
are
those
where
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
criminal
and
civil
liability
Q:
Is
there
civil
liability?
Generally
no,
except
in
Article
11
(4)
Q:
What
element
of
voluntariness
is
lacking?
Intent;
without
intent,
there
is
no
voluntariness;
without
voluntariness,
there
is
no
felony;
without
a
felony,
there
is
no
criminal
liability
because
there
is
no
crime
Article
11,
par
1
–
Self-‐Defense
Q:
What
are
the
Elements
of
Self-‐defense?
1.
Unlawful
Aggression
on
the
part
of
the
offended
party
2.
Reasonable
Necessity
of
the
Means
Employed
by
the
person
defending
3.
Lack
of
Sufficient
Provocation
on
the
part
of
the
person
defending
Q:
What
may
be
the
subject
of
self-‐defense?
Person,
right,
property,
honor
or
home
(i)
defense
of
person
–
there
is
danger
to
the
life
or
limb
of
the
person
(ii)
defense
of
rights
(iii)
defense
of
property
–
should
be
coupled
with
danger
to
the
person
(iv)
defense
of
honor
Q:
Burden
of
proof
in
self-‐defense?
burden
lies
with
the
defense
Q:
How
is
self-‐defense
established?
through
clear
and
convincing
evidence
Q:
Is
the
accused
required
to
admit
having
killed
the
victim?
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla Salendab
CRIMINAL LAW Page 39 of 139
Lecture & Recitation Notes Atty. Maximo Amurao
YES;
the
accused
has
to
admit
having
killed
the
victim
before
self-‐defense
can
be
invoked
by
the
accused
*
It
is
the
obligation
of
the
accused
to
prove
self-‐defense
through
clear
and
convincing
evidence;
if
the
evidence
is
not
clear,
there
will
be
a
conviction
• When
all
the
elements
of
self-‐defense
are
present
=
the
person
defending
himself
is
free
from
criminal
liability
and
civil
liability
• When
only
a
majority
of
the
elements
are
present
=
privileged
mitigating
circumstance,
provided
there
is
unlawful
aggression
• When
only
a
majority
of
the
elements
are
present,
there
is
an
incomplete
self-‐defense,
but
it
is
still
necessary
to
have
the
element
of
unlawful
aggression,
because
it
is
the
most
important
element
Unlawful
Aggression
-‐
an
indispensable
element
-‐
a
sudden
unprovoked
unlawful
attack
that
exposes
a
person’s
life
or
limb
to
actual,
real,
imminent
danger;
mere
threatening,
imagined
or
speculative
danger
is
not
enough
• When
there
is
no
unlawful
aggression,
there
is
no
need
to
defend
oneself;
when
there
is
no
need
to
defend
oneself,
there
is
no
need
for
a
reasonable
defensive
act;
when
there
is
no
need
for
a
reasonable
defensive
act,
there
is
no
need
for
reasonable
means
to
prevent
or
repel
something;
therefore,
without
unlawful
aggression,
everything
else
will
be
erased
• Because
unlawful
aggression
produced
a
danger,
there
comes
a
need
to
eliminate
that
danger;
that
need
is
a
response
impelled
by
self-‐preservation;
the
means
used
to
eliminate
the
danger
should
be
reasonable
and
the
means
needed
to
be
employed
can
be
determined
based
on
the
extent
of
the
unlawful
aggression
Q:
Supposing,
you
wrested
the
knife
from
a
robber.
If
he
is
still
trying
to
get
back
the
knife,
there
is
unlawful
aggression,
because
unlawful
aggression
is
continuing
if
the
attacker
is
trying
to
regain
control
over
the
situation
^The
first
principle
in
all
criminal
cases
is
that:
“the
accused
will
always
be
presumed
innocent”
• In
the
constitutional
provision
on
presumption
of
innocence,
it
can
easily
be
overthrown
by
contrary
evidence,
but
it
is
different
in
criminal
cases
• The
presumption
of
innocence
principle,
of
all
disputable
presumptions,
is
the
strongest
because
to
overthrow
it,
the
Court
requires
that
the
law
proves
the
guilt
of
an
accused
beyond
reasonable
doubt
• The
burden
or
duty
to
prove
guilt
lies
with
the
prosecution
or
the
government
and
they
should
introduce
evidence
beyond
reasonable
doubt;
the
prosecution
should
rely
on
the
strength
of
its
own
evidence
and
should
not
depend
on
the
evidence
of
the
defense;
these
principles,
however,
will
change
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla Salendab
CRIMINAL LAW Page 40 of 139
Lecture & Recitation Notes Atty. Maximo Amurao
when
the
defense
invokes,
self-‐defense,
defense
of
a
relative,
or
defense
of
a
stranger,
because
the
accused
must
always
admit
first
the
fact
of
killing
the
victim,
thus
the
burden
is
lifted
from
the
prosecution
and
shifts
to
the
defense
• If
the
evidence
for
both
sides
is
weak,
the
accused
will
be
acquitted
• The
prosecution’s
weakness
is
cured
when
the
defense
invokes,
self-‐defense,
defense
of
a
relative,
or
defense
of
a
stranger
because
there
is
an
admission
of
the
killing
• If
the
evidence
of
the
defense
is
not
clear
and
convincing,
conviction
will
be
sure,
as
sure
the
sun
rises
at
the
East
• The
admission
involved
is
only
an
admission
of
facts,
backed
up
by
clear
and
convincing
evidence;
it
not
an
admission
of
guilt,
because
if
so,
the
Court
can
stop
the
prosecution
and
render
judgment
• The
Court
should
put
itself
in
the
shoes
of
the
accused
during
the
time
when
the
accused
allegedly
defended
himself
Q:
Supposing,
after
you
wrested
the
knife
from
the
robber
(who
is
the
obvious
aggressor
in
this
case),
the
robber/aggressor
runs
away,
is
there
still
unlawful
aggression?
NO,
when
the
aggressor
flees
unlawful
aggression
no
longer
exists;
and
if
you
still
kill
the
aggressor
in
this
situation,
self-‐defense
cannot
be
invoked
anymore
Q:
Supposing,
using
the
same
facts
mentioned
earlier,
but
the
retreat
of
the
aggressor
was
with
the
purpose
to
take
a
more
advantageous
position
or
to
get
a
more
effective
weapon,
to
insure
the
success
of
his
attack,
is
there
still
unlawful
aggression?
YES,
when
the
purpose
of
retreating
is
to
take
a
more
advantageous
position
or
to
do
something
to
insure
the
success
of
his
attack,
unlawful
aggression
is
continuing,
therefore
the
danger
is
still
continuing;
in
this
case,
the
accused
or
the
person
defending
himself,
does
not
have
to
wait
for
the
aggressor
to
get
another
weapon
Q:
Supposing,
there
is
an
agreement
to
fight
or
a
challenge
to
fight
was
accepted,
is
there
unlawful
aggression
on
one
of
the
parties?
NO,
there
is
no
unlawful
aggression
in
agreements
to
fight
because
self-‐defense
cannot
invoked
since
both
parties
are
assailant
and
assaulted
Q:
Supposing,
using
the
same
facts
above,
there
is
agreement,
but
one
of
the
parties
attacks
the
other
even
before
the
agreed
time
arrives,
is
there
unlawful
aggression?
YES,
when
the
attack
is
made
ahead
of
the
time
agreed
upon,
there
is
unlawful
aggression
Q:
Supposing,
the
aggressor
used
a
toy
gun
and
the
person
defending
himself
killed
the
aggressor,
believing
that
the
gun
was
real,
is
he
still
criminally
liable?
NO,
assuming
clear
and
convincing
evidence
is
provided,
and
that
the
accused
believed
the
weapon/gun
to
be
real,
then
honest
mistake
of
fact
while
in
self-‐defense
can
be
invoke
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla Salendab
CRIMINAL LAW Page 41 of 139
Lecture & Recitation Notes Atty. Maximo Amurao
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla Salendab
CRIMINAL LAW Page 42 of 139
Lecture & Recitation Notes Atty. Maximo Amurao
Confession
of
guilt
–
no
necessity
for
trial,
except
to
prove
mitigating
&
aggravating
circumstances
Admission
of
fact
–
necessity
for
trial
Q:
May
there
be
self
defense
even
without
unlawful
aggression?
No.
UA
is
the
foundation
Q:
how
about
in
incomplete
self-‐defense?
No.
UA
is
always
an
indispensable
element
of
self-‐defense,
whether
complete
or
incomplete
Through
reasonable
means
Reasonable
(needs
to
eliminate
the
danger)
Under
instinct
of
self-‐preservation
(Life
&
Limb)
There
is
danger
(actual,
real,
imminent
)
–
not
merely
imaginary,
fanciful,
false
Unlawful
Aggression,-‐
sudden,
unprovoked,
illegal
attack
Defending
Property
• Defense
of
property
should
be
coupled
with
danger
to
the
person
defending
oneself;
if
there
is
no
danger
to
the
person
or
the
person's
life
or
limb,
defense
of
property
cannot
be
invoked.
Q:
In
defending
property,
when
is
killing
the
aggressor
justified?
*Necessity
of
unlawful
aggression
(upon
the
person
defending
his
property)
*Must
be
coupled
with
an
attack
on
your
own
person
*Such
a
case,
you
are
not
defending
your
own
property,
but
your
own
person?
Defense
of
OWN
property
not
OF
property
Q:
Suppose
hitting
only
the
lower
portion
of
the
body,
not
killing
the
aggressor,
defense
of
property,
may
be
claimed?
YES.
As
long
as
not
to
the
extent
of
killing
^pag
napatay
mo,
dapat
may
assault
on
your
own
person,
right
to
life
is
superior
to
right
to
property
Q:
Supposing,
using
a
knife,
someone
slashed
your
bag
to
get
its
contents,
after
which
you
were
able
to
wrest
the
knife
from
him,
and
you
stabbed
him,
causing
him
to
die,
can
you
invoke
defense
of
property?
NO,
because
there
was
no
imminent
danger
to
your
life
or
limb
since
you
already
have
control
of
the
knife
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla Salendab
CRIMINAL LAW Page 43 of 139
Lecture & Recitation Notes Atty. Maximo Amurao
Q:
Supposing,
you
caught
some
people
inside
your
house
in
the
act
of
stealing
your
household
items,
assuming
you
have
a
gun,
can
you
use
the
gun
and
shoot
at
them
or
even
kill
them?
ü YES
(according
to
Prof.
Amurao,
you
can
even
stage
the
crime
scene
to
your
favor)
because
if
you
do
not
shoot
them,
they
will
surely
use
their
weapons
against
you
and
even
try
to
kill
you
anyway.
It’s
better
to
hit
them
first.
(Defense
of
home,
check
Reyes)
Q:
Supposing,
a
prostitute
disagrees
to
have
sexual
intercourse
with
someone,
but
the
latter
still
forces
his
way
with
the
prostitute
with
carnal
knowledge,
tries
to
rape
her,
then
the
prostitute
takes
out
a
knife
in
her
bag
and
stabs
the
guy,
can
she
invoke
defense
of
honor
despite
being
a
prostitute?
YES,
a
prostitute
is
still
entitled
to
the
right
of
defense
of
honor
and
the
knife
was
a
reasonable
means
used.
Defense
of
home
Without
assault
of
person,
justified?
NO.
Q:
In
defending
your
car
being
stolen,
fired
at
the
tires,
which
hit
a
by-‐stander,
liable?
No.
Justified
for
all
consequences
of
the
act
–
relate
to
art
4
(par1)
not
committing
a
felony
Q:
example
of
unlawful
aggression
against
honor
-‐slap
on
the
face
-‐repelled
by
revolver,
reasonable
means?
No
(no
rational
equivalence)
*Use
of
the
bolo
against
an
unarmed
aggressor?
Depends
on
the
circumstances
Such
as
the
size
of
the
aggressor,
built,
reputation
or
accessibility
of
other
means
Factor
of
time
interval
Must
be
simultaneous
with
the
attack
or
with
appreciable
interval
of
time
Q:
what
is
continuing
danger?
Q:
what
is
continuing
aggression?
Q:
example
of
defense
of
honor?
Q:
example
of
agreement
to
fight?
Q:
libel
against
libel,
justified?
Yes.
Q:
A
and
B
are
long
standing
enemies.
Because
of
their
continuous
quarrel
over
the
boundaries
of
their
adjoining
properties,
when
A
saw
B
one
afternoon,
he
approached
the
latter
in
a
menacing
manner
with
a
bolo
in
his
hand.
When
he
was
about
five
feet
away
from
B,
B
pulled
out
a
revolver
and
shot
A
on
the
chest,killing
him.
Is
B
criminally
liable?
What
crime
was
committed,
if
any?
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla Salendab
CRIMINAL LAW Page 44 of 139
Lecture & Recitation Notes Atty. Maximo Amurao
The
act
of
A
is
nothing
but
a
provocation.
It
cannot
be
characterized
as
an
unlawful
aggression
because
in
criminal
law,
an
unlawful
aggression
is
an
attack
or
a
threatened
attack
which
produces
an
imminent
danger
to
the
life
and
limb
of
the
one
resorting
to
self-‐defense.
In
the
facts
of
the
problem
given
above,
what
was
said
was
that
A
was
holding
a
bolo.
That
bolo
does
not
produce
any
real
or
imminent
danger
unless
a
raises
his
arm
with
the
bolo.
As
long
as
that
arm
of
A
was
down
holding
the
bolo,
there
is
no
imminent
danger
to
the
life
or
limb
of
B.
Therefore,
the
act
of
B
in
shooting
A
is
no
justified.
Article
11(2)
–
Defense
of
Relatives
Q:
Who
are
the
relatives
contemplated?(in
the
following
order)
-‐
spouse
-‐
ascendants
-‐
descendants
-‐
brothers
or
sisters
(legitimate,
natural
or
adopted)
-‐
relatives
by
affinity
in
the
same
degrees
(mentioned
above)
-‐ relatives by consanguinity within the fourth (4th) civil degree
ü applies
the
same
concept
of
unlawful
aggression
and
reasonable
necessity
of
means
employed,
as
contemplated
in
Art.
11(1)
on
self-‐defense
ü
• Spouse
–
should
be
the
legitimate
husband
or
wife
• common
law
marriages
are
not
included;
the
common
law
spouse
is
considered
a
stranger
• Who
can
determine
being
legitimate?
the
Court;
the
validity,
legality,
illegality
of
the
parties
cannot
be
determined
by
themselves
Q:
Supposing
a
husband
defends
a
common
law
wife
by
killing
an
attacker,
can
he
invoke
defense
of
relative?
NO,
but
he
may
invoke
defense
of
a
stranger
Q:
Supposing
a
husband
defends
a
second
wife
by
killing
an
attacker;
considering
that
the
marriage
between
him
and
his
first
wife
is
not
null
and
void,
thus
making
his
second
marriage
bigamous,
can
he
still
invoke
defense
of
relative?
YES,
the
presumption
is
that
all
marriages
are
legal
and
valid.
Even
in
the
absence
of
a
judicial
declaration
of
nullity
(JDN)
of
the
first
marriage,
the
second
marriage
is
considered
valid,
thus
defense
of
relative
can
be
invoked.
Q:
Supposing
the
husband
and
his
first
wife
are
on
legal
separation,
then
he
defends
her
from
an
attacker,
can
he
invoke
defense
of
relative?
YES,
because
there
is
no
JDN
to
say
that
their
marriage
is
null
and
void.
Q:
Supposing,
husband
and
wife
successfully
annuls
their
marriage
and
they
have
secured
a
JDN
on
the
grounds
of
psychological
incapacity,
then
incidentally,
he
defends
her
from
an
attacker,
can
he
invoke
defense
of
relative?
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla Salendab
CRIMINAL LAW Page 45 of 139
Lecture & Recitation Notes Atty. Maximo Amurao
NO,
because
there
is
no
marriage
anymore
between
them;
the
JDN,
once
it
is
approved
by
the
RTC
and
is
final
and
executory,
it
will
have
an
effect
wherein
as
if
no
marriage
existed
between
the
defender
and
the
one
defended;
therefore,
what
can
be
invoked
is
defense
of
a
stranger.
Q:
Supposing
husband
and
wife
has
a
pending
case
for
annulment
due
to
psychological
incapacity
of
one
of
the
parties,
then
incidentally,
he
defends
her
from
an
attacker,
can
he
invoke
defense
of
relative?
YES,
because
there
is
no
JDN
that
has
nullified
the
marriage
• Ascendants
–
includes
parents,
grandparents,
great
grandparents,
even
great(4x)
grandparents
• Descendants
–
includes
children,
grandchildren,
great
grandchildren,
even
great(4x)
grandchildren
• What
do
ascendants
and
descendants
have
in
common?
They
are
blood
relatives
Q:
Supposing,
a
great,
great,
great,
great
grandfather
is
attacked
and
is
defended
by
his
illegitimate
grandchild,
can
the
grandchild
invoke
defense
of
relative?
YES,
because
the
no
distinction
in
the
Revised
Penal
Code
whether
the
descendant
should
be
legitimate
or
illegitimate;
when
the
law
does
not
distinguish,
the
courts
cannot
distinguish
Q:
Supposing,
a
father
defends
his
adopted
daughter
from
an
attacker,
can
he
invoke
defense
of
relative?
NO,
defense
of
relative
cannot
be
invoked
because
the
law
does
not
contemplate
adopted
children
as
descendants
and
also
does
not
contemplate
adoptive
parents
as
ascendants,
to
qualify
as
relatives
contemplated
under
Art.
11(2)
RPC
Brothers
and
Sisters
or
siblings
1.
legitimate
–
siblings
of
the
same
parents
who
are
married
2.
natural
–
siblings,
who
at
the
time
of
their
conception
with
the
same
parents,
the
parents
are
not
married
but
are
not
disqualified
by
any
legal
impediment
to
marry
each
other;
if
parents
are
disqualified
to
marry
by
any
impediment,
the
child
is
illegitimate
3.
adopted
–
there
should
be
a
judicial
proceeding
in
court
validating
the
adoption
in
order
to
be
considered
under
defense
of
relative
as
contemplated;
an
extrajudicial
proceeding
on
the
adoption
is
not
enough
• Relatives
by
affinity
in
same
degrees
-‐
relatives
by
marriage
• In
same
degrees
–
applicable
to
ascendants,
descendants,
siblings,
even
grandparents
of
one’s
spouse,
i.e.
mother-‐in-‐law,
father-‐in-‐law,
brother-‐in-‐law,
sister-‐in-‐law,
etc.
• Relatives
by
consanguinity
within
the
fourth
(4th)
civil
degree
-‐
relatives
by
blood
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla Salendab
CRIMINAL LAW Page 46 of 139
Lecture & Recitation Notes Atty. Maximo Amurao
• Illustration:
parent
(2nd
degree)
daughter-‐in-‐law-‐-‐-‐-‐-‐son daughter-‐-‐-‐-‐-‐son-‐in-‐law
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla Salendab
CRIMINAL LAW Page 47 of 139
Lecture & Recitation Notes Atty. Maximo Amurao
• Requisites:
-‐
same
concept
of
unlawful
aggression
and
reasonable
necessity
of
the
means
employed
to
prevent
or
repel
the
aggression;
aside
from
those
two
there
is
a
3rd
requisite:
the
person
defending
should
not
be
induced
by
revenge,
resentment,
or
other
evil
motive
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla Salendab
CRIMINAL LAW Page 48 of 139
Lecture & Recitation Notes Atty. Maximo Amurao
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla Salendab
CRIMINAL LAW Page 49 of 139
Lecture & Recitation Notes Atty. Maximo Amurao
• Battery
–
refers
to
an
act
of
inflicting
physical
harm
upon
a
woman
or
child
resulting
to
the
physical,
psychological
or
emotional
distress
(RA
9262)
Q:
Who
can
verify
or
confirm
whether
a
woman
suffers
from
Battered
Woman
Syndrome?
Only
a
certified
psychologist
or
psychiatrist
can
prove
the
existence
of
Battered
Woman
Syndrome
in
a
woman
Q:
What
is
the
legal
effect
of
the
proof
of
existence
of
BWS
in
a
woman?
Those
found
by
the
courts
to
be
suffering
from
BWS
do
not
incur
criminal
and
civil
liability
notwithstanding
the
absence
of
any
of
the
elements
of
the
justifying
circumstance
of
self-‐
defense
under
the
Revised
Penal
Code
(Section
26,
Republic
Act
9262)
• The
legal
effect
of
BWS
is
of
the
same
level
with
the
justifying
circumstances
in
Art.11
of
the
RPC,
except
par.
4.
• Even
without
unlawful
aggression
on
the
part
of
the
deceased
husband
or
male
partner,
the
act
of
the
woman
shall
still
not
incur
criminal
and
civil
liability
Q:
Who
are
the
women
who
can
invoke
Battered
Woman
Syndrome?
-‐
wife
-‐
any
woman
having
a
sexual
relationship
with
a
man
-‐ girlfriend -‐ including dating women, if relationship is intimate
-‐
former
wife
whose
marriage
with
her
has
been
annulled
by
a
judicial
declaration
of
nullity
(JDN)
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla Salendab
CRIMINAL LAW Page 50 of 139
Lecture & Recitation Notes Atty. Maximo Amurao
-‐children
• It
not
necessary
that
the
woman
suffering
from
BWS
is
still
in
a
relationship
with
the
man
that
she
killed
or
harmed.
Doctrine
of
Stand
your
ground
when
in
the
right
-‐
The
law
does
not
expect
you
to
run
away
-‐ When in the right, defend your right or position, defend yourself
-‐
A
total
opposite
of
the
old
doctrine
of
retreating
to
the
wall,
where
the
law
expects
you
to
run
away
and
avoid
defending
yourself
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla Salendab
CRIMINAL LAW Page 51 of 139
Lecture & Recitation Notes Atty. Maximo Amurao
-‐
burden
of
proof
to
prove
the
existence
of
an
exempting
circumstance:
lies
with
the
defense
Justifying Exempting
-‐ there is neither a crime -‐ there is a crime but there is
-‐ the act is justified and the -‐ the act is not justified but the
actor is not criminally liable actor is not criminally liable
-‐ there is no civil liability -‐ there is civil liability except in
Article
12(1)
–
Imbecility
and
Insanity
-‐
an
imbecile
or
an
insane
is
entitled
to
be
exempted,
unless
the
latter
acted
during
a
lucid
interval
• Imbecile
–
one
who
is
deprived
completely
of
reason
or
discernment
and
freedom
of
will
when
committing
a
crime;
exempted
in
all
cases;
mentality
is
comparable
to
a
child
2-‐7
years
old
• Insanity
–
not
so
exempt
because
during
a
lucid
interval,
the
person
can
act
with
intelligence
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla Salendab
CRIMINAL LAW Page 52 of 139
Lecture & Recitation Notes Atty. Maximo Amurao
• Mere
abnormalities
of
the
mental
facilities
are
not
enough
Q:
Supposing,
a
man
suddenly
just
stabs
another
person,
he
then
began
to
run
away
because
he
knew
he
committed
a
crime,
then
as
the
authorities
tried
to
catch
him,
as
they
got
closer
to
him,
he
ran
even
faster,
can
he
invoke
insanity
as
an
exempting
circumstance?
NO,
the
fact
that
he
was
running
away
was
an
indication
that
he
was
not
deprived
of
intelligence
because
he
knew
he
did,
and
by
running
faster
to
avoid
the
authorities
was
an
indication
of
not
being
totally
deprived
of
his
freedom
of
will
because
of
his
intention
to
escape
Q:
Who
has
the
Burden
to
prove
insanity:
lies
with
the
defense,
(According
to
Reyes,
through
circumstantial
evidence
if
clear
and
convincing)
ü Evidence
of
insanity
must
refer
to
the
time
preceding
the
act
or
at
the
very
moment
of
execution
Q:
Supposing,
the
offender
becomes
insane
only
after
the
commission
of
the
crime
or
during
trial,
can
he
still
invoke
the
exempting
circumstance
of
insanity?
NO,
because
what
is
counted
and
considered
in
determining
whether
there
was
insanity,
is
the
time
preceding
the
act
or
the
moment
of
execution
• Feeblemindedness
–
not
exempting
because
s/he
can
still
distinguish
right
from
wrong;
not
equivalent
to
insanity
• Somnambulism
or
sleepwalking
–
must
be
clearly
proven
to
be
considered
an
exempting
circumstance
under
this
Article;
acts
of
the
sleepwalker
should
not
be
voluntary
• Malignant
malaria
–
can
cause
insanity,
therefore,
can
be
considered
as
an
exempting
circumstance
under
this
Article
• Basis
for
exemption
–
complete
absence
of
intelligence
Temporary
Insanity
–
yes,
exempting
Article
12(2
&
3)
–
Minority
(repealed
by
Republic
Act
9344
or
the
Juvenile
Justice
and
Welfare
Act)
• RA
9344,
Section
6
–
a
child
15
years
of
age
or
below
at
the
time
of
the
commission
of
the
crime
shall
be
exempt
from
criminal
liability
but
will
undergo
an
intervention
program;
a
child
above
15
years
of
age
or
below
18
years
of
age
shall
be
exempt
and
be
subjected
to
an
intervention
program
unless
s/he
acted
with
discernment
in
which
case
such
child
will
be
subject
to
the
appropriate
proceedings
in
accordance
with
this
Act
• Children
falling
under
this
Act
are
referred
to
as
a
child
in
conflict
with
the
law;
normally
minor
offenders
are
referred
to
as
the
accused,
juvenile
delinquent,
prisoner,
respondent,
etc.
but
it
is
contemplated
that
these
terms
refer
to
persons
who
have
committed
crimes;
RA
9344
prohibits
the
use
of
these
terms
to
refer
to
minor
offenders,
only
the
abovementioned
term
can
be
used
• For
a
child
in
conflict
with
the
law
–
there
is
a
presumption
of
the
absence
or
lack
of
intelligence
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla Salendab
CRIMINAL LAW Page 53 of 139
Lecture & Recitation Notes Atty. Maximo Amurao
• Offenders
are
free
from
criminal
liability
but
are
still
civilly
liable
• The
legal
effect
of
the
exemption:
the
child
shall
be
given
to
the
custody
of
the
parent
or
guardian;
in
their
absence,
the
custody
is
given
to
the
following,
according
to
their
order
of
availability:
(a)
registered
non-‐governmental
organization
(b)
registered
religious
organization
(c)
member
of
the
Barangay
Council
for
the
Protection
of
Children
(BCPC)
(d)
local
office
of
the
Dept.
of
Social
Welfare
&
Development
(DSWD)
(e)
national
office
of
the
Dept.
of
Social
Welfare
&
Development
(DSWD)
• Another
effect
is
that
the
minor
is
subjected
to
an
intervention
or
diversion
program
which
involves:
seminars
and
classes
on
family
and
mediation,
skills
improvement,
emotional
management,
etc.;
other
diversion
programs
are
for
reformation
and
rehabilitation,
in
which
the
public
prosecutor
usually
initiates
the
recommendation
for
the
minor
to
be
subjected
under
the
program
Q:
What
is
a
child
at
risk?
• General
Rule
for
minors
above
15
or
below
18
years
of
age:
exempted,
because
the
presumption
is
that
they
acted
without
intelligence
• Exception:
the
minor
acted
with
discernment
• How
is
discernment
determined?
(Reyes)
(1)
manner
of
committing
the
crime
• Discernment
can
also
be
determined
by
the
words
uttered
by
the
minor
attendant
to
the
commission
of
the
act,
eg.
the
words,
“Buti
nga
sa’yo!”,
which
indicates
an
expression
of
accomplishment,
victory
or
satisfaction
When
the
case
has
been
decided
by
the
court…
• If
the
judgment
is
an
acquittal,
the
decision
shall
immediately
take
effect
without
suspension,
and
the
decision
shall
be
promulgated
and
pronounced
• What
is
the
significance
of
promulgation?
-‐
it
is
full
of
significance;
the
decision
is
read
in
open
court
-‐
immediately
after
the
reading
the
judgment
of
acquittal
becomes
immediately
final
and
executory,
which
cannot
be
subject
for
any
motion
of
reconsideration,
hence
the
decision
cannot
be
either
reversed
or
modified
• If
the
judgment
is
conviction,
the
promulgation
of
the
decision
and
the
sentence
shall
be
suspended
by
the
court;
the
minor
shall
be
ordered
to
undergo
intervention,
which
shall
have
the
following
effects:
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla Salendab
CRIMINAL LAW Page 54 of 139
Lecture & Recitation Notes Atty. Maximo Amurao
(a)
If
after
the
intervention,
there
is
reform
on
the
part
of
the
minor,
the
minor
shall
be
returned
to
the
court
to
dismiss
the
criminal
case
and
dismiss
the
charges
against
the
minor
(b)
If
after
the
intervention,
there
is
no
reform,
the
minor
shall
be
returned
to
the
court
for
the
promulgation
of
the
decision
against
the
minor;
then,
the
court
shall
either
decide
on
the
sentence
or
extend
the
intervention
• Only
when
there
is
refusal
to
be
subjected
to
reformation
or
when
there
is
failure
to
reform
can
the
child
be
subjected
to
criminal
prosecution
and
the
judicial
system
• Other
effects
of
Republic
Act
9344
(i)
decriminalizes
the
sniffing
of
rugby
by
a
minor
(ii)
decriminalizes
the
violation
of
a
minor
of
the
Anti-‐Mendicancy
Law,
which
prohibits
begging
or
beggars
(iii)
decriminalizes
vagrancy
and
prostitution,
punished
under
the
RPC,
when
committed
by
a
minor
15
years
old
or
below;
the
minor
will
not
be
criminally
liable
(iv)
criminal
records
of
minors
above
15
or
below
18
years
of
age
are
kept
confidential
in
order
to
protect
the
honor
and
reputation
of
the
minor
(v)
exempts
minors
from
the
offense
of
refusing
to
acknowledge
the
fact
that
s/he
had
been
involved
or
convicted
in
a
criminal
case
before
(vi)
minors
can
deny
under
oath
their
criminal
involvement
or
conviction;
cannot
be
charged
with
perjury
or
falsification
or
misrepresentation,
for
concealing
the
criminal
involvement
or
conviction;
purpose:
to
give
the
minor
a
new
lease
in
life
and
to
prevent
the
stigma
of
conviction
which
extends
in
a
long-‐term
basis,
i.e.
in
looking
for
job
or
protecting
the
families’
reputation
(vii)
retroactive
application
of
RA
9344
on
persons
who
were
convicted
and
are
currently
serving
time
for
crimes
they
committed
when
they
were
minors
above
9
or
below
15
years
of
age
when
they
committed
the
offense,
because
minors
who
acted
with
discernment
under
this
age
bracket,
were
not
exempted
from
criminal
liability
before
under
the
RPC,
but
has
already
been
repealed
by
RA
9344;
their
criminal
liability
is
erased
therefore
they
shall
be
released
Q:
Supposing,
a
10-‐year
old,
who
is
apparently
very
intelligent,
commits
a
crime,
will
he
be
exempted
from
criminal
liability
considering
the
high
level
of
intelligence
of
the
child?
YES,
he
is
still
exempted;
what
is
important
is
the
age
of
the
child
at
the
time
of
the
commission
of
the
crime;
it
doesn’t
matter
whether
the
child
was
extremely
intelligent
• Status
Offenses
(under
RA
9344)
–
refers
to
offenses
which
discriminate
only
against
a
child,
while
an
adult
does
not
suffer
any
penalty
for
committing
similar
acts;
these
shall
include
curfew
violations,
truancy,
parental
disobedience
and
the
like
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla Salendab
CRIMINAL LAW Page 55 of 139
Lecture & Recitation Notes Atty. Maximo Amurao
• Status
offenses
when
committed
by
a
minor
are
punishable,
but
are
not
punishable
anymore
under
RA
9344
• Status
offenses
when
committed
by
an
adult
are
not
punishable
• The
Dangers
of
Republic
Act
9344
(Amurao)
-‐
can
be
abused
or
taken
advantage
of
by
crime
syndicates
that
use
minors
as
instruments
for
the
commission
of
crimes
-‐
The
effect
of
the
liberal
exemptions
of
RA
9344
–
what
will
happen
to
the
victims
if
the
offenders,
who
are
minors,
will
be
exempted
all
the
time?
Victims
will
take
the
Filipino
way
=
taking
the
law
into
their
own
hands
• With
reference
to
RA
9344,
the
Philippines
is
not
yet
ready
for
that
kind
of
law.
(Amurao)
• Basis
for
the
exemption
of
a
minor:
absence
or
lack
of
intelligence
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla Salendab
CRIMINAL LAW Page 56 of 139
Lecture & Recitation Notes Atty. Maximo Amurao
1.
that
the
threat
which
causes
the
fear
is
of
an
evil
greater
than
or
at
least
equal
to
that
which
he
is
required
to
commit
2.
that
it
promises
an
evil
of
such
gravity
and
imminence
that
the
ordinary
man
would
have
succumbed
to
it
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla Salendab
CRIMINAL LAW Page 57 of 139
Lecture & Recitation Notes Atty. Maximo Amurao
Uncontrollable Fear – involves the use of threat or intimidation to compel
Article
12(7)
–
Failure
to
Perform
a
Lawful
Act
Due
to
Lawful
or
Insuperable
Cause
-‐
Elements:
1.
an
act
is
required
by
law
to
be
done
2.
that
a
person
fails
to
perform
such
act
3.
that
the
failure
to
perform
such
act
was
due
to
some
lawful
or
insuperable
cause
• Failure
to
deliver
arrested
persons
to
the
proper
authorities
due
to
problems
regarding
distance
and
transportation
is
a
lawful
or
insuperable
cause
• A
typhoon
causes
the
failure
to
perform
the
lawful
act
is
an
insuperable
cause
• Basis
for
exemption
–
absence
of
intent
• Absolutory
Causes
–
those
where
the
act
committed
is
a
crime
but
for
reasons
of
public
policy
and
sentiment,
there
is
no
penalty
imposed
• Instigation
–
is
an
illegal
act
because
the
public
officer
plants
the
seed
of
criminality
in
the
mind
of
the
person
or
offender
(Amurao);
the
public
officer
induces
an
innocent
person
to
commit
the
crime
which
the
public
officer
conceived
(Reyes)
• Entrapment
–
is
a
legal
act
because
the
purpose
is
to
capture
or
trap
the
lawbreaker
• Buy-‐bust
operations
are
forms
of
entrapment,
hence
they
are
legal
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla Salendab
CRIMINAL LAW Page 58 of 139
Lecture & Recitation Notes Atty. Maximo Amurao
-‐ offset by a generic aggravating -‐ cannot be offset by a generic
-‐ penalty lowered to minimum -‐ penalty lowered by degree
• Mitigating
and
aggravating
circumstances
are
not
applied
to
special
penal
laws
because
the
penalties
in
special
penal
laws
cannot
be
divided
into
three
periods
Article
13(1)
–
Incomplete
Justifying
or
Exempting
Circumstances
-‐
is
considered
a
privileged
mitigating
circumstance,
provided,
majority
of
the
elements
required
to
justify
or
exempt
are
present
-‐
for
the
justifying
circumstances
of
self-‐defense,
defense
of
relative
and
defense
of
stranger
=
the
element
of
unlawful
aggression
should
always
be
present
*All
elements
of
JC
or
EC
present
–
exempt
or
justified
*IE
elements
but
not
majority
–ordinary
mit.
Circ.
*Majority
of
the
elements
are
present-‐
priv.
mit.
Circ.
Provided
that
in
self
defense,
defense
of
relative
or
defense
of
stranger,
Unlawful
aggression
is
present.
Q:
Give
an
example.
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla Salendab
CRIMINAL LAW Page 59 of 139
Lecture & Recitation Notes Atty. Maximo Amurao
-‐
disproportion
of
the
means
employed
to
execute
the
crime
and
the
consequences
produced;
there
should
have
been
an
intent
at
the
moment
Factor
to
determine
existence
of
praeter
intentionem,
intent
being
a
state
of
mind.
1)
weapon
used
2)
nature
of
injury;
number
of
injury
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla Salendab
CRIMINAL LAW Page 60 of 139
Lecture & Recitation Notes Atty. Maximo Amurao
NOTES BY:
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year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla Salendab
CRIMINAL LAW Page 61 of 139
Lecture & Recitation Notes Atty. Maximo Amurao
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla Salendab
CRIMINAL LAW Page 62 of 139
Lecture & Recitation Notes Atty. Maximo Amurao
• Basis
for
the
mitigation:
diminution
of
the
conditions
of
voluntariness
Q:
There
are
3
mit.
Circ.
Present.
Will
you
be
entitled
to
the
benefits
of
these
MC?
No.
Arose
only
out
of
1
fact/
set
of
facts.
Q:
9:30
mother
informed
you
that
your
sister
was
raped.
You
searched
for
him
with
a
revolver.
Did
not
find
him.
Found
him
after
3
days.
Passion
or
obfuscation?
No.
Provocation?
No.
Vindication?
Yes.
Q:
What
is
required
in
vindication?
Lapse
of
time
Q:
What
if
after
one
week,
vindication?
Law
says
immediate
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla Salendab
CRIMINAL LAW Page 63 of 139
Lecture & Recitation Notes Atty. Maximo Amurao
NOTES BY:
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year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla Salendab
CRIMINAL LAW Page 64 of 139
Lecture & Recitation Notes Atty. Maximo Amurao
Q:
Old
man
has
his
own
family
already
but
not
contented
with
wife
went
out
every
night
.
Met
an
attractive
woman
in
a
prostitution
house,
he
convinced
woman
to
leave
the
prostitution
house
and
they
lived
together
as
husband
and
wife.
Wife
left.
After
several
days,
she
was
found
in
another
prostitution
house,
convinced
her
to
to
go
back.
Woman
adamant
in
her
refusal.
Woman
said
Ayoko
na
sayo,
Matanda
ka
na.
Mahina
na
tuhod
mo.
Old
man
was
enraged,
stabbed
her.
Q:
May
old
man
claim
P&O?
No.
People
v.
Bello
is
an
exception
(p.
290-‐291)
4,5,6
are
interrelated
because
they
can
exist
in
a
single
act
but
not
necessarily
appreciated
separately.
Article
13(6)
–
Passion
or
Obfuscation
-‐
Elements:
1.
the
accused
acted
upon
impulse
2.
the
impulse
must
be
so
powerful
that
it
naturally
produced
passion
or
obfuscation
in
the
accused
ü Reason:
these
are
causes
naturally
producing
in
a
person
powerful
excitement
that
he
loses
reason
and
self-‐control
thereby
diminishing
the
exercise
of
willpower
ü Rule:
the
passion
or
obfuscation
should
arise
from
lawful
sentiments
in
order
to
be
mitigating
-‐
Requisites:
1.
that
there
be
an
act,
both
unlawful
and
sufficient
to
produce
such
a
condition
of
mind
2.
that
said
act
which
produced
the
obfuscation
was
not
far
removed
from
the
commission
of
the
crime
by
a
considerable
length
of
time,
during
which
the
perpetrator
might
recover
his
natural
equanimity
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla Salendab
CRIMINAL LAW Page 65 of 139
Lecture & Recitation Notes Atty. Maximo Amurao
-‐
if
there
is
an
acquittal,
the
decision
is
final
and
executory
and
not
appeallable
because
of
the
risk
of
double
jeopardy
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla Salendab
CRIMINAL LAW Page 66 of 139
Lecture & Recitation Notes Atty. Maximo Amurao
-‐
if
there
is
a
conviction,
the
accused
has
15
days
to
avail
of
legal
remedies,
if
not
availed
after,
the
conviction
becomes
final
and
executory
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla Salendab
CRIMINAL LAW Page 67 of 139
Lecture & Recitation Notes Atty. Maximo Amurao
Q:
Supposing
accused
after
killing
neighbour
just
stayed
in
his
house.
When
police
officers
arrived,
went
with
them
voluntarily-‐
mit?
No.
Voluntary
surrender
not
synonymous
with
non-‐flight.
Direct,
positive,
unequivocal
act
showing
an
intention
to
submit
himself
voluntarily
either
save
the
govt
from
the
time
and
expenses
or
as
a
sign
of
acknowledgment
of
guilt
or
repentance
(Amurao)
Offender
on
radio
that
he
was
#1
suspect
in
slaying
of
politician,
he
came
to
the
police
to
clear
his
name,
he
has
a
pending
case
for
rape.
Voluntary
surrender?
No.
Will
surrender
only
if
1)
He
is
given
special
treatment
2)
ref
3)
aircon
Voluntary
surrender?
No.
After
committing
crime,
accused
went
into
hiding.
He
was
found
after
several
months.
Hiding
place
surrounded
by
authorities.
He
came
out
saying
I
surrender.
VS?
No
(
Internal)
Meaning
of
spontaneous.
Voluntary
Confession
–Par.
10
of
Art.14.
A
case
for
homicide
filed
against
accused
in
Batanes.
Upon
learning,
the
accused
hiding
in
Tawi-‐tawi
surrendered
to
Brgy.
Chairman
of
Tawi-‐tawi?
Yes.
Place
of
surrender
not
significant.
It
need
not
be
the
place
where
the
case
is
filed.
Q:
Phil.
Ambassador
to
Australia,
if
accused
is
in
Australia
upon
learning
of
the
case
filed?
Yes.
Q:
If
surrendered
to
Australian
Prime
Minister?
No,
not
a
P-‐I-‐A
or
agent
under
the
Phil
laws
Q:
On
the
way
to
the
police
precinct,
was
apprehended?
Yes.
Q:
Did
not
offer
resistance?
No.
Q:
Issued
warrant,
surrendered
to
Brgy.
Tanod?
Yes.
Even
if
warrant
is
already
issued?
Yes,
as
long
as
not
served.
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla Salendab
CRIMINAL LAW Page 68 of 139
Lecture & Recitation Notes Atty. Maximo Amurao
10
months
after
issuance,
surrendered?
No.
No
longer
spontaneous.
Surrender
to
mother-‐in-‐law?
No.
Q:
Requisites
of
VCG:
Competent
court-‐
meaning?
Court
trying
the
case
Open
court-‐
meaning?
Even
if
doors
are
closed?
Yes.
Reason
behind
VCG?
Act
of
repentance,
Acknowledgment
of
guilt
Accused
willing
to
plead
guilty
with
condition
Ref,
aircon,
computer
set?
No.
When
to
plead?
Arraignment.
Pre-‐trial?
(There
is
presentation
of
witnesses,
documents,
and
gist
of
testimony)
After
inspection
of
evidence
and
conclusion,
the
evidence
against
him
is
strong.
Stages
Arraignment
Pre-‐trial
Trial
ONLY
SUBMISSION,
NOT
PRESENTATION
Prosec
presented
1st
eyewitness,
clear
&
convicning
testimony
After
1st
witness,
concluding
that
he
would
be
convicted
,
withdrew
guilty
plea.
Mitigating?
No.
N.B.
NOT
prior
to
“termination”
Witness
only
sworn-‐in,
no
testimony
yet
mitigating?
Yes.
Amend
info
to
a
lesser
offense
w/o
protest
willing
to
plea
guilty,
mitigating?
Yes.
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla Salendab
CRIMINAL LAW Page 69 of 139
Lecture & Recitation Notes Atty. Maximo Amurao
• Basis
for
mitigation:
offender
does
not
have
complete
freedom
of
action;
diminution
of
freedom
and
voluntariness
Bald?
No.
Blind?
Yes.
Partial
blindness?
Yes.
Deaf
by
one
ear?
Yes.
Crippled?
Yes.
Toothless?
Yes!
When
must
the
physical
defect
be
present?
At
the
time
of
the
commission
of
the
crime.
ORDINARY
MIT.
Legal
effects.
Article
13(9)
–
Illness
-‐
the
offender
has
diminished
exercise
of
willpower;
loss
of
willpower
may
even
be
exempting
-‐
deprivation
of
consciousness
• Basis
for
mitigation:
diminution
of
intelligence
and
intent
• Accused
prosecuted
for
simple
theft
(shoplifting
in
a
mall)
• During
trial,
it
was
proved
that
he
was
a
kleptomaniac.
Mitigating?
Yes.
• If
prosecuted
for
frustrated
homicide?
• No,
not
related
to
the
offense
committed.
• Accused
prosecuted
for
rape.
During
trial
proved
to
be
sex
maniac,
Mitigating?
Yes.
• NO
CONTROL
OF
THEIR
OWN
WILL
AS
FAR
AS
THE
OFFENSE
IS
CONCERNED
• Same
fact-‐sex
maniac.
Prosecuted
for
Robbery?
No.
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla Salendab
CRIMINAL LAW Page 70 of 139
Lecture & Recitation Notes Atty. Maximo Amurao
Jealousy.
You
saw
your
girlfriend
walking
hand-‐in-‐hand
with
another
man,
you
inflicted
physical
injuries?
Passion
or
obfuscation.
Other
mit.
Circ.
In
the
RPC?
Infanticide
or
abortion
to
conceal
disgrace
or
dishonor.
Adultery-‐
there
is
abandonment
by
the
offended
party.
(Unjustified)
Article
14
Q:
What
are
aggravating
circumstances?
-‐
those
if
present,
are
not
automatically
offset
by
mitigating
circumstances
-‐
may
increase
the
penalty
provided
by
the
law
without
exceeding
the
maximum
penalty
or
it
changes
the
nature
of
the
crime
-‐
Classification:
1.
Generic
–
those
that
generally
apply
to
all
crimes,
eg.
Recidivism,
Aid
of
Minors,
Advantage
taken
by
Public
Position,
etc
2. Specific – those that apply to particular crimes, eg. Ignominy, Treachery
3.
Qualifying
–
Those
that
change
the
nature
of
the
crime,
eg.
Treachery,
Evident
Premeditation,
Cruelty,
etc.
4.
Inherent
–
necessity
accompanies
the
commission
of
the
crime,
eg.
sex
is
inherent
in
crimes
against
chastity
-‐ can be offset by an ordinary -‐ cannot be offset by an ordinary
-‐ the legal effect is to increase -‐ it changes the nature of the crime
the penalty to the maximum -‐ give the crime its proper and exclusive
• Both
qualifying
and
generic
circumstances
must
be
alleged
in
the
information;
the
prosecution
can’t
prove
an
aggravating
circumstance
during
trial
(p.326
#3
in
the
comparison
part
in
the
Reyes
book
is
wrong)
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla Salendab
CRIMINAL LAW Page 71 of 139
Lecture & Recitation Notes Atty. Maximo Amurao
-‐
based
on
Republic
Act
7659,
in
crimes
committed
by
a
public
officer,
the
penalty
prescribed
by
law
is
always
at
the
maximum,
regardless
of
the
mitigating
circumstances
presented
and
regardless
of
the
nature
of
these
mitigating
circumstances
• Public
Officer
–
for
advantage
taken
to
be
appreciated,
s/he
must
use
the
influence,
prestige
or
ascendancy
which
his
office
gives
him
as
the
means
by
which
s/he
realizes
his
purpose.
• There
should
be
a
deliberate
intent
to
use
the
influence,
prestige
or
ascendancy
ü Is
it
enough
that
the
offender
is
a
public
officer?
NO,
he
has
to
use
the
influence,
prestige
or
ascendancy
given
to
him
by
his
office
ü Supposing,
a
police
officer
enters
the
house
then
ties
up
the
residents
and
robs
them,
can
the
aggravating
circumstance
of
advantage
taken
of
public
position
be
appreciated?
YES
ü Supposing,
a
traffic
enforcer
take
over
the
car
of
a
driver
and
speeds
away,
he
is
convicted
of
robbery,
can
the
aggravating
circumstance
of
advantage
taken
of
public
position
be
appreciated?
YES
ü Supposing
some
members
of
the
barangay
council
asked
for
financial
sponsorship
for
the
education
of
the
community,
then
the
project
turned
out
to
be
false,
can
the
aggravating
circumstance
of
advantage
taken
of
public
position
be
appreciated?
YES
ü Supposing,
if
these
crimes
were
attendant
of
negligence,
passion
or
obfuscation,
vindication,
or
sufficient
provocation,
can
the
aggravating
circumstance
of
advantage
taken
of
public
position
be
appreciated?
NO,
because
these
circumstances
are
incompatible
with
advantage
taken
of
public
position
since
deliberate
intent
is
absent
in
these
instances.
ü Supposing,
a
police
investigator
asked
a
rape
victim
to
enter
a
room
where
he
committed
acts
of
lasciviousness
on
the
rape
victim,
can
the
aggravating
circumstance
of
advantage
taken
of
public
position
be
appreciated?
YES
• The
aggravating
circumstance
of
advantage
taken
of
public
position
is
NOT
appreciated
when
the
public
position
is
an
integral
element
or
inherent
in
the
offense;
In
the
ff
crimes,
public
position
is
inherent:
-‐
bribery
-‐
malversation
of
public
funds
-‐ RA 3019 -‐ other crimes against public officers under the RPC
• Basis
for
the
aggravation:
the
greater
perversity
of
(1)
personal
circumstances
of
the
offender,
and
(2)
means
used
to
secure
commission
of
the
crime
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla Salendab
CRIMINAL LAW Page 72 of 139
Lecture & Recitation Notes Atty. Maximo Amurao
1. the public authority is engaged in the exercise of his official functions
2. the public authority is not the victim of the crime
4. his presence has not prevented the offender from committing the crime
ü Supposing,
one
Sunday,
the
mayor
just
finished
mass,
he
saw
two
people
fighting,
he
mediated
upon
introducing
himself,
can
the
aggravating
circumstance
of
contempt
or
insult
of
public
authorities
be
appreciated?
YES,
because
regardless
of
the
day,
even
if
Sunday
is
not
a
working
day,
the
official
function
of
the
mayor,
in
this
case
to
maintain
peace
and
order,
does
not
stop
as
long
as
he
is
within
his
jurisdiction
ü Supposing,
using
the
same
facts
above,
the
two
people
attacked
the
mayor,
can
the
aggravating
circumstance
of
contempt
or
insult
of
public
authorities
be
appreciated?
NO,
because
the
public
authority
should
not
be
the
offended
party
ü Supposing,
using
the
same
facts,
but
the
mayor
attended
the
mass
in
another
town,
can
the
aggravating
circumstance
of
contempt
or
insult
of
public
authorities
be
appreciated?
NO,
because
mediating
would
not
be
part
of
his
official
functions
in
that
other
town.
ü Supposing,
using
the
same
facts
above,
but
the
two
people
did
not
know
that
the
one
mediating
was
in
fact
the
mayor,
can
the
aggravating
circumstance
of
contempt
or
insult
of
public
authorities
be
appreciated?
NO,
the
offenders
have
to
know
that
he
is
the
mayor
or
a
public
authority
Q:
Supposing
mayor
of
town
X
attending
wedding
in
town
Y.
A
crime
was
committed.
Aggravating?
No.
Must
be
within
his
jurisdiction.
Not
engaged
in
official
duties.
• Article
14(3)
–
Disregard
of
Rank,
Age,
Sex
or
Dwelling
of
the
Offended
Party
-‐
there
are
FOUR
circumstances
in
this
paragraph
-‐ rank, age, sex have a common denominator = respect due to offended party
-‐ not applicable to cases attendant of negligence or carelessness
-‐
not
applicable
to
cases
attendant
of
passion
or
obfuscation,
vindication
or
those
with
sufficient
provocation
=
because
of
the
lack
of
intent
-‐ this can be done to a person in authority or his agent
-‐
there
should
be
deliberate
intent
to
disregard
or
insult
=
accompanied
with
the
difference
in
rank,
and
manifested
by
deliberate
acts
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla Salendab
CRIMINAL LAW Page 73 of 139
Lecture & Recitation Notes Atty. Maximo Amurao
ü Supposing,
a
sergeant
was
driving
a
jeep
in
a
careless
manner,
then
he
hit
a
general,
can
the
aggravating
circumstance
of
disregard
of
rank
be
appreciated?
NO,
there
was
no
deliberate
intent
to
disregard
the
rank
of
the
general
ü Supposing,
physical
injuries
were
made
against
Prof.
Amurao
by
his
student,
can
the
aggravating
circumstance
of
disregard
of
rank
be
appreciated?
YES,
because
Prof.
Amurao
is
a
person
in
authority
and
ranks
higher
than
the
student.
ü Supposing,
a
sergeant
sees
his
wife
embracing
a
general,
then
he
ran
over
them,
can
the
aggravating
circumstance
of
disregard
of
rank
be
appreciated?
NO,
because
this
circumstance
was
attendant
of
passion
or
obfuscation
-‐ not applicable to cases attendant of negligence or carelessness
-‐
not
applicable
to
cases
attendant
of
passion
or
obfuscation,
vindication
or
those
with
sufficient
provocation
=
because
of
the
lack
of
intent
-‐
for
this
circumstance
to
be
appreciated,
the
disparity
of
age
between
offender
and
victim
can
be
determined
if
the
victim
can
be
the
father
of
the
accused;
a
disparity
of
15
years
or
more
-‐ tender age = for children; old age = for old people
ü Supposing,
the
offender
was
90
years
old
when
he
stabbed
the
105-‐year
old
victim,
can
the
aggravating
circumstance
of
disregard
of
age
be
appreciated?
YES,
even
if
the
offender
was
also
very
old,
the
disparity
of
their
ages
still
matters
-‐ not applicable to cases attendant of negligence or carelessness
-‐
not
applicable
to
cases
attendant
of
passion
or
obfuscation,
vindication
or
those
with
sufficient
provocation
=
because
of
the
lack
of
intent
-‐ the victim contemplated in this paragraph should be a woman
-‐ the offender should act with deliberate intent to disrespect the woman
• Dwelling
-‐
a
place
or
structure
that
satisfies
the
requirements
of
domestic
life
of
a
person
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla Salendab
CRIMINAL LAW Page 74 of 139
Lecture & Recitation Notes Atty. Maximo Amurao
-‐ a generic aggravating circumstance = can be offset by an ordinary mitigating circumstance
-‐ there no provocation on the part of the offended party
-‐ all the ingredients of the crime should be done in the dwelling
-‐ if the offender and offended are both occupants of the same house, dwelling cannot be appreciated
ü Supposing,
the
crime
was
committed
in
the
garage
of
the
house,
can
the
aggravating
circumstance
of
dwelling
be
appreciated?
YES,
because
the
garage
is
part
of
the
dwelling
ü Supposing
the
crime
was
done
in
the
roof?
YES
ü Supposing,
a
child
was
kidnapped
while
at
the
stairs
of
the
dwelling,
there
was
no
ransom
but
the
child
was
killed
in
Cavite,
can
the
aggravating
circumstance
of
dwelling
be
appreciated?
YES,
because
the
stairs
is
still
part
of
the
dwelling
ü Supposing,
a
husband
kills
his
wife
in
their
conjugal
dwelling,
can
the
aggravating
circumstance
of
dwelling
be
appreciated?
NO
ü Supposing,
the
housemaid
killed
the
employer’s
child,
can
the
aggravating
circumstance
of
dwelling
be
appreciated?
NO
ü Supposing,
the
accused
was
on
the
road
when
he
shot
the
victim
who
was
at
the
stairs,
can
dwelling
be
appreciated?
YES
ü Supposing,
if
the
victim
was
in
the
yard
going
to
the
direction
of
the
stairs,
can
the
aggravating
circumstance
of
dwelling
be
appreciated?
NO
ü Supposing,
the
victim
was
about
to
step
on
the
stairs?
can
the
aggravating
circumstance
of
dwelling
be
appreciated?
YES
ü Supposing,
the
employer
raped
their
maid,
can
the
aggravating
circumstance
of
dwelling
be
appreciated?
NO
ü Supposing,
the
houseboy
killed
the
housemaid,
can
the
aggravating
circumstance
of
dwelling
be
appreciated?
NO
ü Supposing,
the
wife
killed
her
husband
in
the
conjugal
house,
can
the
aggravating
circumstance
of
dwelling
be
appreciated?
NO
ü Supposing
the
wife
commits
adultery,
can
the
aggravating
circumstance
of
dwelling
be
appreciated?
YES
ü Supposing,
the
owner
of
the
house
and
the
dwelling
of
the
victim,
where
the
victim
was
a
tenant,
can
the
aggravating
circumstance
of
dwelling
be
appreciated?
YES,
because
dwelling
may
mean
temporary
dwelling
ü Supposing,
the
owner
was
killed
in
the
toilet,
can
the
aggravating
circumstance
of
dwelling
be
appreciated?
YES,
because
the
toilet
is
part
of
the
dwelling
ü Supposing,
the
owner
of
the
house
was
killed
500
meters
from
the
toilet
which
was
situated
outside
the
house,
can
the
aggravating
circumstance
of
dwelling
be
appreciated?
NO,
because
if
you
destroy
the
toilet,
the
house
remains
intact
Basis
of
the
aggravation:
Place
of
the
commission
of
the
crime;
the
sanctity
of
privacy
that
the
law
provides
the
human
abode
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla Salendab
CRIMINAL LAW Page 75 of 139
Lecture & Recitation Notes Atty. Maximo Amurao
1.) Rank
2.) Sex
3.) Age
4.) Dwelling
Age
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla Salendab
CRIMINAL LAW Page 76 of 139
Lecture & Recitation Notes Atty. Maximo Amurao
Must not exceed the penalty prescribed by law for the offense
What is the required age difference? 15 years at least (could be the father)
Legal effect? – Not offset by any ordinary mitigating circumstance. Raises the penalty to the maximum
When
there
are
2
or
more
generic
agg,
not
offset
by
ordinary
mit,
can
the
penalty
go
beyond
the
max
prescribed
by
law?
No.
Must not exceed the penalty prescribed by law for the offense
What is the required age difference? 15 years at least (could be the father)
Old
man
humiliated
you
in
public.
You
stabbed
him.
Aggravating?
No.
Sufficient
provocation
is
incompatible.
You
attacked
a
60
yo
man
who
filed
a
criminal
case
against
you.
Aggravating?
Yes.
No
passion
or
obfuscationg.
You stabbed an old man who aimed a revolver at you. Not aggravating. No sufficient provocation.
Old
man
humiliated
you
in
public.
You
stabbed
him.
Aggravating?
No.
Sufficient
provocation
is
incompatible.
You
attacked
a
60
yo
man
who
filed
a
criminal
case
against
you.
Aggravating?
Yes.
No
passion
or
obfuscationg.
You stabbed an old man who aimed a revolver at you. Not aggravating. No sufficient provocation.
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla Salendab
CRIMINAL LAW Page 77 of 139
Lecture & Recitation Notes Atty. Maximo Amurao
Sex
Accused
intended
to
kill
husband.Saw
husband
and
wife
walking.
Fired
at
the
husband
but
hit
the
wife.
Not
aggravating.
No
deliberate
intent.
Why is sex aggravating? Wemen belong to the weaker sex.
If the woman is a black belter? No longer aggravating. Reason for law don’t exist anymore.
Rank, Age, Sex and Dwelling – common element? RESPECT (deliberate disregard of the respect)
Dwelling
What is dwelling? (*Lloyd used the definition in the book. MALI)
Generic
Dwelling – a place of structure which satisfies the requirements of domestic life of a person
Is
it
enough
that
the
crime
be
committed
in
the
dwelling?
No.
deliberate
disregard
of
the
respect
due
to
the
offended
party
in
the
dwelling.
Accused shot the victim while on the roof. Dwelling is aggravating
Accused
was
in
the
middle
of
the
road.
Victim
was
brushing
his
teeth
by
the
window
of
the
house.
Dwelling
is
aggravating,
regardless
of
the
location
of
the
offender
Accused under the house of victim. Victim on the upper portion. Aggravating? Yes.
- Carport?
Yes
- Comfort
room
of
house?
Yes
- If
the
CR
is
500
meters
from
the
house?
No.
no
longer
an
integral
part
of
the
house.
Victim
inside
car.
Car
is
in
carport?
Yes.
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla Salendab
CRIMINAL LAW Page 78 of 139
Lecture & Recitation Notes Atty. Maximo Amurao
Son of owner of house, raped housemaid. Not aggravating. Must not be living in the same house.
-‐Maid only reports from 6 am to 9 pm. Then goes home to family. No.
Family
driver
reports
from
6am
to
8pm.
Employer
was
out,
driver
raped
thestay-‐in
housemaid.
This
is
aggravating.
Husband killed paramour in conjugal room. Aggravating against the husband? No
Wife
had
sex
with
a
stranger
in
the
conjugal
room.
Aggravating
against
wife?
Yes.
See
page
354.
Exception
to
the
rule
that
dwelling
is
not
aggravating
if
both
is
living
inside.
• Abuse
of
Confidence
–
exists
only
when
the
offended
party
has
trusted
the
offender
who
later
abuses
such
trust
by
committing
the
crime.
The
abuse
of
confidence
must
be
a
means
of
facilitating
the
commission
of
the
crime.
The
culprit
taking
advantage
of
the
offended
party’s
belief
that
the
former
would
not
abuse
said
confidence
-‐
a
generic
aggravating
circumstance
=
can
be
offset
by
an
ordinary
mitigating
circumstance;
can
be
raised
to
the
maximum
• Requisites:
1.
offender
had
trusted
the
offended
2. offender abused such trust with the commission of the crime
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla Salendab
CRIMINAL LAW Page 79 of 139
Lecture & Recitation Notes Atty. Maximo Amurao
ü Supposing,
lovers
broke
off
1
week
before
their
encounter,
can
the
aggravating
circumstance
of
abuse
of
confidence
be
appreciated?
NO
ü Supposing,
a
nanny
killed
2
yr.old
child
under
her
care,
can
the
aggravating
circumstance
of
abuse
of
confidence
be
appreciated?
NO,
because
there
is
no
direct
relationship
and
trust
between
the
nanny
and
child
ü Supposing,
the
nanny
killed
the
mother
of
that
child
under
her
care,
can
the
aggravating
circumstance
of
abuse
of
confidence
be
appreciated?
YES,
because
there
is
direct
relationship
and
trust
between
the
nanny
and
the
parents
of
the
child
Obvious ungratefulness
Employer
attempted
against
the
honor
of
housemaid.
After
several
day,
employer
invited
housemaid
to
farm.
Raped
housemaid.
No.
• Article
14(5)
–
Palace
and
Places
of
Commission
of
Offense
-‐
this
paragraph
contemplates
FOUR
aggravating
circumstances
-‐ offender must have the intention to commit a crime when he entered the place
-‐
all
the
four
circumstances
are
not
applicable
to
cases
attendant
of
passion
or
obfuscation,
immediate
vindication
or
those
with
sufficient
provocation
=
because
of
the
lack
of
intent
-‐ not applicable to cases involving spurs of the moment or chance meetings
• Wisdom
behind
this
circumstance:
Why
aggravate?
What’s
with
the
place?
Because
the
place
deserves
respect
(applies
to
all
the
places
mentioned
under
this
paragraph)
• Crime
committed
in
the
Palace
of
the
Chief
Executive
-‐
a
generic
aggravating
circumstance
=
can
be
offset
by
an
ordinary
mitigating
circumstance;
penalty
can
be
raised
to
the
maximum
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla Salendab
CRIMINAL LAW Page 80 of 139
Lecture & Recitation Notes Atty. Maximo Amurao
-‐ Is it necessary that the Chief Executive be there? NO
ü Supposing,
the
chef
of
the
Chief
Executive
killed
a
janitor,
can
the
aggravating
circumstance
of
palace
of
the
Chief
Executive
be
appreciated?
YES,
the
Chief
Executive
need
not
be
there
ü Supposing,
a
guest
shot
to
death
FG
Mike
Arroyo,
can
the
aggravating
circumstance
of
palace
of
the
Chief
Executive
be
appreciated?
YES
ü Supposing,
using
the
same
facts
above,
the
crime
was
committed
in
the
lawn,
can
the
aggravating
circumstance
of
palace
of
the
Chief
Executive
be
appreciated?
NO,
because
the
lawn
is
not
part
of
the
palace
ü Supposing,
using
the
same
facts
above,
the
crime
was
committed
in
the
presidential
mansion,
can
the
aggravating
circumstance
of
palace
of
the
Chief
Executive
be
appreciated?
NO,
because
the
mansion
is
not
the
palace
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla Salendab
CRIMINAL LAW Page 81 of 139
Lecture & Recitation Notes Atty. Maximo Amurao
ü Supposing,
there
was
no
ceremony
in
the
church
when
the
crime
was
committed,
can
the
aggravating
circumstance
of
place
dedicated
for
religious
worship
be
appreciated?
YES
ü Supposing,
there
was
no
priest
in
the
church,
can
the
aggravating
circumstance
of
place
dedicated
for
religious
worship
be
appreciated?
YES
ü Supposing,
the
crime
was
committed
in
a
chapel
inside
a
cemetery
(the
chapel
is
used
only
when
there
are
masses
to
be
held
for
purposes
of
funeral
services),
can
the
aggravating
circumstance
of
place
dedicated
for
religious
worship
be
appreciated?
NO,
the
place
of
religious
worship
should
hold
religious
ceremonies
there
regularly
Basis
for
aggravation:
greater
perversity
shown
by
the
place
of
the
commission
of
the
crime,
which
must
be
respected
Generic
Emphasis of par 5? PLACE of the commission of the crime. (respect due to the place)
Pres
Noynoy
in
Times
St.
Crime
committed
in
Malacanang
grounds.
(garden).
No,
must
be
in
palace
itself,
not
garden.
If
the
convoy
was
caught
in
heavy
traffic.
Accused
knew
it
was
the
president’s
convoy.
Committed
holdup
in
the
streets.
Aggravating?
Yes
President
noynoy
in
helicopter
hovering
over
the
projects.
Two
workers
had
a
fight.
One
stabbed
another
to
death
within
view
of
president
noynoy.
Aggravating?
Yes.
Generic.
Is it enough that the crime be committed in a place decoted to religious worship? No. deliberate intent.
Accused rape victim while praying in San Beda Abbey? Yes
If
in
a
private
chapel
in
your
house?
No.
1.)
regular
worship.
Regular
religious
worship.
2.)
must
be
open
to
the
public.
Not
necessary
that
the
PA
must
be
engaged
in
the
performance
of
functions.
Why?
Emphasis
is
in
the
place.
Reason
is
the
respect
due
to
the
place.
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla Salendab
CRIMINAL LAW Page 82 of 139
Lecture & Recitation Notes Atty. Maximo Amurao
Chief justice asleep in his house. The Office of Chief Justice was robbed. Aggravating? Yes
Office of Senate Pres while SP was sleeping in his house in the middle of the night? Yes
BOOK
IS
WRONG.
It
will
collide
with
par
2
if
it
will
be
required
that
the
PA
should
be
in
the
exercise
of
his
functions.
• Article
14(6)
–
Nighttime,
Uninhabited
Place
or
Band
-‐
this
paragraph
contemplates
THREE
aggravating
circumstances
-‐
all
the
three
circumstances
are
not
applicable
to
cases
attendant
of
passion
or
obfuscation
or
those
with
sufficient
provocation
• Applicable
in
cases
where:
1.
the
circumstance
facilitated
the
commission
of
the
crime
2.
the
circumstance
was
especially
sought
for
by
the
offender
to
insure
the
commission
of
the
crime
or
for
the
purpose
of
impunity
-‐
to
commit
the
crime
with
more
ease
-‐
contemplates
a
planned
attack;
not
a
mere
encounter
3.
the
offender
took
advantage
of
the
circumstance
for
the
purpose
of
impunity
-‐
to
prevent
being
recognized
or
to
secure
himself
against
detection
• Nighttime
-‐
a
qualifying
aggravating
circumstance
=
cannot
be
offset
by
a
mitigating;
CHANGES
THE
NATURE
OF
THE
CRIME
-‐
nighttime
means:
beginning
at
the
end
of
dusk
and
ending
at
dawn
-‐
it
is
not
enough
that
it
was
nighttime
-‐
what
is
especially
sought
for
by
the
offender
is
the
darkness
of
the
night
-‐
this
circumstance
is
not
applicable
to
cases
involving
accidents,
accidental
meetings,
chance
encounters,
or
spurs
of
the
moment
ü Supposing,
the
crime
was
committed
inside
a
dark
movie
house
at
around
4pm,
can
the
aggravating
circumstance
of
nighttime
be
appreciated?
NO,
because
was
should
be
especially
sought
for
is
the
darkness
of
night,
not
the
darkness
of
the
movie
house
when
the
lights
were
only
off
because
it
was
only
4
in
the
afternoon
ü Supposing,
the
crime
was
committed
inside
a
movie
house
when
the
lights
were
still
open
and
the
time
then
was
9pm,
can
the
aggravating
circumstance
of
nighttime
be
appreciated?
NO,
because
even
though
it
was
nighttime,
the
place
of
the
commission
was
well-‐lighted
when
it
was
committed
ü Supposing,
the
crime
was
committed
in
a
place
where
it
was
well-‐lighted
by
a
Meralco
lightpost,
can
the
aggravating
circumstance
of
nighttime
be
appreciated?
NO
• Uninhabited Place
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla Salendab
CRIMINAL LAW Page 83 of 139
Lecture & Recitation Notes Atty. Maximo Amurao
-‐
a
qualifying
aggravating
circumstance
=
cannot
be
offset
by
a
mitigating;
CHANGES
THE
NATURE
OF
THE
CRIME
-‐
there
should
be
intent
• Spur
of
the
moment
–
Not
applicable
• What
is
considered
is
the
reasonable
possibility
for
the
victim
to
receive
some
help;
the
degree
of
difficulty
of
giving
assistance
or
help
• Solitude
(must
be
sought
for
to
better
attain
criminal
purpose)
-‐
for
an
easy
and
uninterrupted
accomplishment
of
their
criminal
design
-‐
to
insure
concealment
of
the
offense;
security
against
detection
and
punishment
• Band
-‐
more
than
three
malefactors
-‐
shall
have
acted
together
-‐
a
qualifying
aggravating
circumstance
=
cannot
be
offset
by
a
mitigating;
CHANGES
THE
NATURE
OF
THE
CRIME
• What
do
you
mean
by
“armed”?
only
guns?
NO,
knives
are
considered;
anything
that
can
kill
a
person
• Aggravating
in
crimes
against
property
and
crimes
against
persons;
NOT
applicable
in
crimes
against
chastity
• Basis
for
aggravation:
time
&
place
of
the
commission
&
means
employed
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla Salendab
CRIMINAL LAW Page 84 of 139
Lecture & Recitation Notes Atty. Maximo Amurao
Deliberate
intent
Incompatible
with
negligence,
sp,
p/o,
chance
encounter,
spur
of
the
moment,
Can
treachery
absorb
this
ac?
Yes.
By
Band
Generic
Absorbed
by
treachery?
Yes
Synonymous
with
syndicate?
No
- 2
or
more
- Not
necessarily
armed
5
persons
commirtted
robbery,
only
3
armed.
Bya
band?
No.
at
least
4
armed.
Article
14(7)
–
On
occasion
of
calamity
or
misfortune
-‐
that
the
crime
be
committed
on
the
occasion
of
a
conflagration,
shipwreck,
earthquake,
epidemic
or
other
calamity
or
misfortune
-‐
a
qualifying
aggravating
circumstance
=
cannot
be
offset
by
a
mitigating;
CHANGES
THE
NATURE
OF
THE
CRIME
-‐
this
circumstance
is
not
applicable
to
cases
involving
accidents,
accidental
meetings,
chance
encounters,
or
spurs
of
the
moment
-‐ this circumstance is not applicable to cases attendant of negligence or carelessness
-‐ not applicable to cases attendant of passion or obfuscation or those with sufficient provocation
• Reason:
in
the
midst
of
great
calamity,
instead
lending
aid
to
the
afflicted,
the
offender
adds
to
the
victims’
suffering
by
taking
advantage
of
their
advantage
of
their
misfortune
to
despoil
• The
offender
must
seek
for
the
calamity
as
an
opportunity
to
take
advantage
or
to
commit
the
crime
ü Supposing,
the
offender
saw
his
mortal
enemy
in
a
flood,
then
he
killed
his
mortal
enemy,
can
the
aggravating
circumstance
of
be
appreciated?
NO
• Basis
for
aggravation:
time
of
the
commission
of
the
crime
PARAGRAPH 7
- Qualifying
- Legal
effect
- Deliberate
intent
–
must
take
advantage
of
the
calamity
Incompatible
with
negligence
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla Salendab
CRIMINAL LAW Page 85 of 139
Lecture & Recitation Notes Atty. Maximo Amurao
Conflagration
Retrieving your property. Accidentally met your mortal enemy. Stabbed him. Not aggravating
Conflagration -‐ A stranger took your properties, what is the crime. Qualified theft.
• Armed
Men
-‐
at
least
two
(2)
men;
the
law
says
“men”;
four
(4)
men
=
band
already
-‐
a
qualifying
aggravating
circumstance
=
cannot
be
offset
by
a
mitigating;
CHANGES
THE
NATURE
OF
THE
CRIME
-‐ these persons should have or be in a position to afford impunity
• Basis
for
aggravation:
means
and
ways
of
committing
the
crime
PARAGRAPH
8
How many? 2
Legal effect?
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla Salendab
CRIMINAL LAW Page 86 of 139
Lecture & Recitation Notes Atty. Maximo Amurao
Requirements:
2 4
A
and
4
friends
decided
to
kill
Amurao.
4
friends
all
armed
outside
the
gate.
A
armed
with
licensed
revolver.
4
friends
will
only
help
upon
signal.
Aggravating?
Yes.
Police
major
celebrating
bday.
Invited
subordinates
with
service
firearms.
A
guest
stabbed
another
guest
–
No
Impunity
Qualifying
Legal effect?
e.g. first gentleman approchaed to protect you after killing somebody – Yes
Chieftain
of
ABB-‐NPA
(notorious).
Aggravating?
Yes.
Impunity
for
Criminal
Prosecution.
Assurance
that
there
will
be
no
complainant
and
witnesses
–
Yes.
not
required
to
be
legal
source.
• Article
14(9)
–
Recidivism
-‐
a
generic
aggravating
circumstance
=
can
be
offset
by
an
ordinary
mitigating
circumstance;
penalty
can
be
raised
to
the
maximum
• Recidivist
–
one
who,
at
the
time
of
his
trial
for
one
crime,
shall
have
been
previously
convicted
by
final
judgment
of
another
crime
embraced
in
the
same
title
of
the
RPC
• Requisites:
1.
that
the
offender
is
on
trial
for
an
offense
2. that he was previously convicted by final judgment of another crime
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla Salendab
CRIMINAL LAW Page 87 of 139
Lecture & Recitation Notes Atty. Maximo Amurao
3. that both the first and the second offense are embraced in the same title of the RPC
ü Supposing,
the
first
offense
was
acts
of
lasciviousness
in
1980,
then
the
second
offense
in
2006
was
attempted
rape,
can
the
aggravating
circumstance
of
recidivism
be
appreciated?
NO,
because
acts
of
lasciviousness
and
attempted
rape
are
not
embraced
in
the
same
title
of
the
RPC;
acts
of
lasciviousness-‐crimes
against
chastity;
attempted
rape-‐crimes
against
persons
ü Supposing
the
first
offense
in
1980
was
attempted
rape,
then
the
second
offense
in
2006
was
acts
of
lasciviousness,
can
the
aggravating
circumstance
of
recidivism
be
appreciated?
YES
because
attempted
rape
then
in
1980
was
embraced
under
crimes
against
chastity,
hence
both
crimes
are
embraced
in
the
same
title
of
the
RPC
• Pardon
does
not
obliterate
the
fact
that
the
accused
was
a
recidivist
• The
time
or
period
between
the
two
offenses
is
immaterial
• Basis
for
aggravation:
inclination
to
crimes
- Qualifying
- Legal
effect
- Deliberate
intent
–
must
take
advantage
of
the
calamity
Incompatible
with
negligence
Conflagration
Retrieving your property. Accidentally met your mortal enemy. Stabbed him. Not aggravating
Conflagration -‐ A stranger took your properties, what is the crime. Qualified theft.
Recidivist – define
Violation of special penal laws -‐ No, must be in the RPC
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla Salendab
CRIMINAL LAW Page 88 of 139
Lecture & Recitation Notes Atty. Maximo Amurao
Estafa
- Poperty
1970-‐2010:
not
embraced
in
the
same
title.
-‐
a
generic
aggravating
circumstance
=
can
be
offset
by
an
ordinary
mitigating
circumstance;
penalty
can
be
raised
to
the
maximum
• Requisites:
1.
that
the
accused
is
on
trial
for
an
offense
2.
that
he
previously
served
sentence
for
another
offense
to
which
the
law
attaches
an
equal
or
greater
penalty
or
for
2
or
more
crimes
to
which
it
attaches
a
lighter
penalty
than
that
for
the
new
offense
RECIDIVISM REITERACION
-‐ its enough that a final judgment -‐ its necessary that the offender shall
has been rendered for the 1st offense have served out his sentence for
-‐ requires that both offenses be -‐ 1st and 2nd offense must not be
embraced in the same title of the RPC embraced in same title of the RPC
-‐ always taken into consideration in -‐ not always an aggravating
• If
the
2nd
crime
is
an
offense
or
crime
punishable
under
a
special
law,
it
cannot
be
considered
under
reiteracion
because
Articles
13,
14,
15
of
the
RPC
are
not
applicable
to
special
law
crimes,
applicable
only
to
crimes
defined
under
the
Revised
Penal
Code.
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla Salendab
CRIMINAL LAW Page 89 of 139
Lecture & Recitation Notes Atty. Maximo Amurao
ü Supposing,
the
1st
offense
is
illegal
possession
of
firearms
(a
special
law
crime),
punishable
by
reclusion
temporal,
while
the
2nd
offense
is
less
serious
physical
injuries,
can
the
aggravating
circumstance
of
reiteracion
be
appreciated?
YES,
if
the
offender
was
previously
punished
for
a
special
law
crime
or
an
offense,
the
nature
of
the
crime
is
immaterial;
the
emphasis
is
on
the
punishment
or
penalty
• Habitual
Delinquency
–
when
a
person
within
a
period
of
10
years
from
the
date
of
release
or
last
conviction
of
the
crimes
of
serious
or
less
serious
physical
injuries,
robbery,
theft,
estafa,
or
falsification,
found
guilty
for
a
3rd
time
or
oftener.
A
habitual
delinquent
shall
suffer
an
additional
penalty
• Quasi-‐recidivism
–
any
person
who
shall
commit
a
felony
after
having
been
convicted
by
final
judgment
before
beginning
to
serve
such
sentence
or
while
serving
the
same,
shall
be
punished
by
the
maximum
period
of
the
penalty
prescribed
by
law
for
the
new
penalty.
Classification – generic
Legal effect?
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla Salendab
CRIMINAL LAW Page 90 of 139
Lecture & Recitation Notes Atty. Maximo Amurao
Attempted
homicide
–
not
alleged
but
proved
during
trial
–
appreciate
habituality?
Yes,
generic
if
without
objection
- Distinguish
from
habitual
delinquency
–
nature
of
offense
–
10
years
required
- Habituality
–
generic
- Both
must
be
alleged
in
the
information
• The
price,
reward
or
promise
must
be
the
sole
motivating
factor
for
committing
the
crime;
must
be
for
the
purpose
of
inducing
another
to
perform
a
deed
• There
should
be
two
or
more
offenders:
the
one
who
offers,
the
one
who
accepts
it
• Criminal
Participation:
the
one
who
offers
is
a
principal
by
inducement,
the
one
who
accepts
is
a
principal
by
direct
participation
• It
is
not
necessary
that
the
principal
by
direct
participation
receive
the
reward
or
promise;
what
is
important
is
that
the
reward
or
promise
was
the
sole
motivating
factor
otherwise
the
crime
would
not
have
been
committed
ü Supposing,
the
one
who
commits
the
crime
knows
of
the
reward
or
promise
already,
can
the
aggravating
circumstance
of
price,
reward
or
promise
be
appreciated?
NO,
because
there
was
no
motivation
already
• Basis
for
aggravation:
greater
perversity
by
the
motivating
power
itself
You
approached
a
gun-‐for-‐hire.
Paid
50k
to
kill
Amurao.
Gun
for
hire
was
his
former
student
willing
to
kill
Amurao
without
price.
Aggravating?
No.
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla Salendab
CRIMINAL LAW Page 91 of 139
Lecture & Recitation Notes Atty. Maximo Amurao
-‐
that
the
crime
be
committed
by
means
of
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
-‐
a
qualifying
aggravating
circumstance
=
cannot
be
offset
by
a
mitigating;
CHANGES
THE
NATURE
OF
THE
CRIME
• There
are
instances
when
these
circumstances
are
inherent
in
the
crime,
thus
cannot
be
appreciated
as
aggravating
circumstances:
1.
“by
means
of
fire”-‐
inherent
in
arson
2. “by means of derailment of locomotive” – inherent in damage to means of communication
3. “by means of explosion”-‐ without intent to kill, inherent in destruction to property
Par.12 = the acts of great waste and ruin are used by the offender as means
-‐
this
circumstance
is
not
applicable
to
cases
involving
accidents,
accidental
meetings,
chance
encounters,
or
spurs
of
the
moment
-‐ this circumstance is not applicable to cases attendant of negligence or carelessness
-‐ not applicable to cases attendant of passion or obfuscation or those with sufficient provocation
• Evident
Premeditation
–
the
essence
of
such
is
that
the
execution
of
the
criminal
act
must
be
preceded
by
cool
thought
and
reflection
upon
the
resolution
to
carry
out
the
criminal
intent
during
the
space
of
time
sufficient
to
arrive
at
a
calm
judgment
• Requisites:
1.
the
time
when
the
offender
determined
to
commit
the
crime
2. an act manifestly indicating that the culprit has clung to his determination; through an overt act
3. the date & time when the crime was committed (to compute lapse of time)
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla Salendab
CRIMINAL LAW Page 92 of 139
Lecture & Recitation Notes Atty. Maximo Amurao
4.
a
sufficient
lapse
of
time
between
the
determination
and
execution,
to
allow
him
to
reflect
upon
the
consequences
of
his
act
and
to
allow
his
conscience
to
overcome
the
resolution
of
his
will
ü Is
the
aggravating
circumstance
of
Evident
Premeditation
compatible
with
the
mitigating
circumstance
Immediate
Vindication
of
a
Relative
for
a
Grave
Offense?
YES,
the
mitigating
circumstance
and
aggravating
circumstance
can
be
appreciated.
ü Can
evident
premeditation
be
present
in
error
in
personae?
NO
ü Can
evident
premeditation
be
present
in
aberratio
ictus?
NO
ü Supposing,
you
intended
to
kill
Prof.
Amurao,
thinking
it
was
him,
you
shot
at
the
person,
who
turned
out
to
be
Dean
Jara,
can
the
aggravating
circumstance
of
evident
premeditation
be
appreciated?
NO,
because
there
should
be
deliberate
intent
to
kill
Dean
Jara
• General
rule:
In
aberratio
ictus,
evident
premeditation
is
NOT
applicable
• Exception:
if
there
was
a
general
plan
to
kill
anyone;
if
offenders
intended
to
kill
anyone
• Basis
for
aggravation:
reference
to
the
ways
of
committing
the
crime
because
evident
premeditation
implies
deliberate
planning
of
the
act
before
executing
it
Elements: 4
Classification – qualifying
Legal effects?
Incompatible with negligence, spur of the moment, accidental meeting, p/o, sp
Accused has a specific victim but willing to kill a person who interfered. Yes
-‐
a
qualifying
aggravating
circumstance
=
cannot
be
offset
by
a
mitigating;
CHANGES
THE
NATURE
OF
THE
CRIME
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla Salendab
CRIMINAL LAW Page 93 of 139
Lecture & Recitation Notes Atty. Maximo Amurao
• Craft
–
involves
intellectual
trickery
and
cunning
on
the
part
of
accused
ü Supposing,
the
accused
pretended
to
be
a
customer,
then
he
robbed
the
place,
can
the
aggravating
circumstance
of
craft
be
appreciated?
YES
ü Supposing
the
accused
pretended
to
be
a
person
in
authority,
for
example
posing
as
Meralco
officials,
then
they
commit
a
crime,
can
the
aggravating
circumstance
of
craft
be
appreciated?
YES
• Fraud
–
insidious
words
or
machinations
used
to
induce
the
victim
• Fraudulent
machinations
and
grave
abuse
of
authority
will
be
absorbed
in
the
crime
of
rape
• Fraud
is
inherent
in
the
crime
of
estafa
Q:
Craft
definition
It
is
Qualifying-‐legal
effects
Example:
A,
B,
C
in
order
to
kill
D,
told
the
latter
they
are
going
on
camping,
killed
D
in
the
forest
Fraud
Qualifying-‐
legal
effects
Estafa-‐legal
effect
of
fraud
It
is
inherent
in
the
commission
of
estafa
inherent
in
Art.
213
Disguise
When
is
there
disguise?
Qualifying-‐legal
effect
Example:
Several
members
of
Bonnet
Gang
committed
robbery
in
the
highway
• Basis
of
aggravation:
means
employed
Article
14(15)
–
Abuse
of
Superior
Strength/Means
to
Weaken
Defense
-‐
that
(1)
advantage
be
taken
of
superior
strength
or
(2)
means
be
employed
to
weaken
the
defense
-‐
a
qualifying
aggravating
circumstance
=
cannot
be
offset
by
a
mitigating;
CHANGES
THE
NATURE
OF
THE
CRIME
-‐ there should be deliberate intent to take advantage of superior strength
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla Salendab
CRIMINAL LAW Page 94 of 139
Lecture & Recitation Notes Atty. Maximo Amurao
• Abuse
of
Superior
Strength
–
depends
on
the
age,
size,
and
strength
of
the
parties;
it
is
considered
whenever
there
is
notorious
inequality
of
forces
between
the
victim
and
the
aggressor,
assessing
a
superiority
of
strength
notoriously
advantageous
for
the
aggressor
which
is
selected
or
taken
advantage
of
by
him
in
the
commission
of
the
crime
• If
the
victim
was
alternately
attacked,
there
is
NO
abuse
of
superior
strength
• Means
to
Weaken
the
Defense
ü Supposing,
the
offender
intoxicated
the
victim
to
materially
weaken
her,
can
the
aggravating
circumstance
of
means
to
weaken
defense
be
appreciated?
YES
-‐
a
specific
aggravating
circumstance:
only
applicable
to
crimes
against
persons;
can
treachery
be
appreciated
in
rape?
YES
-‐
a
qualifying
aggravating
circumstance
=
cannot
be
offset
by
a
mitigating;
CHANGES
THE
NATURE
OF
THE
CRIME
-‐
this
circumstance
is
not
applicable
to
cases
involving
accidents,
accidental
meetings,
chance
encounters,
or
spurs
of
the
moment,
or
on-‐the-‐spot
decisions
to
commit
the
crime
-‐ this circumstance is not applicable to cases attendant of negligence or carelessness
-‐ not applicable to cases attendant of passion or obfuscation or those with sufficient provocation
Treachery
When
is
there
treachery
Qualifying
and
specific-‐
crimes
against
person
Qualifying-‐change
the
nature
of
the
crime
Incompatible
with
negligence,
sufficient
provocation,
passion
or
obfuscation
Can
co-‐exist
with
voluntary
confession
of
guilt?
Yes.
With
voluntary
surrender?
Yes.
They
are
not
inconsistent
with…
BUT
IS
IT
STILL
ACCURATE
THAT
THIS
QUALIFYING
AGGRAVATING
CIRCUMSTANCE
CANNOT
BE
OFFSET
BY
ANY
MITIGATING
CIRC?
Yes.
Different
functions.
One
is
to
change
the
nature
of
the
felony.
(AGG)
Other
is
to
reduce
penalty
by
one
period
after
the
offense
is
qualified
(MIT)
Does
a
privileged
mit.
Circ.
Offset
a
qualifying
aggravating?
NO.
-‐Function
of
qualifying
agg.
Circ.
Is
to
change
the
nature
of
the
offense
for
which
the
accused
stands
to
be
prosecuted.
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla Salendab
CRIMINAL LAW Page 95 of 139
Lecture & Recitation Notes Atty. Maximo Amurao
-‐Role
of
privilege
mitigating
circ.
Is
to
reduce
the
penalty
by
one
or
two
degrees
as
the
case
may
be
from
the
proper
penalty
imposed
on
the
offense
as
qualified.
Can
co-‐exist
with
vindication
for
a
grave
offense?
Yes.
Kill
neighbor
W/o
treachery-‐
Homicide
(reclusion
temporal)
w/
treachery-‐
Murder
(reclusion
perpetua
to
death)
with
1
mit
circ.
(RP
in
medium,
RP
in
minimum)
with
1
priv.
mit
circ.
RT
(one
degree
lower
from
RT)
Treachery
can
be
appreciated
in
RAPE?
Yes,
crime
against
persons.
In
a
prosecution
for
rape,
by
treachery
and
abuse
of
superior
strength
or
craft,
fraud,
disguise-‐
absorbed
in
treachery
In
prosecution
for
MURDER
qualified
by
treachery
and
evident
premeditation.
Can
EP
be
appreciated
so
as
to
increase
penalty
in
maximum?
NO.
absorbed
in
treachery.
Same
with
inundation,
fire,
poison,
explosion,
price,
reward
or
promise.
Aid
of
armed
men,
persons
who
afford
impunity,
nighttime,
calamities
or
misfortune.
ALL
QUALIFYING
AGGRAVATING
CIRC.
Enumerated
in
People
vs.
Palaganas
can
be
absorbed
by
treachery.
Supposing
you
killed
your
neighbor
with
evident
premeditation
and
employed
means
to
weaken
defense
and
used
disguise
and
took
advantage
of
deep
flood.
How
many
qualifying?
4
Assuming
there
was
treachery,
how
many?
5
Is
it
necessary
for
the
court
to
consider
all
5
to
change
the
nature
of
the
felony?
No.
Treachery
will
suffice.
Now,
what
will
happen
to
the
other
4
aggravating
circ?
Deemed
absorbed
in
treachery.
They
can
no
longer
be
appreciated
to
impose
penalty
in
the
maximum.
TESTS
in
TREACHERY.
1.
Is
the
attack
sudden
and
unexpected?
2.
Was
the
victim
given
an
opportunity
for
defense?
3.
Was
the
means
employed
deliberate
and
consciously
adopted?
(3rd
test
is
the
most
important.)
Incompatible
with
casual
encounter-‐
even
if
1
and
2
were
present,
if
3
is
lacking,
there
is
no
treachery.
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla Salendab
CRIMINAL LAW Page 96 of 139
Lecture & Recitation Notes Atty. Maximo Amurao
ü Is
the
aggravating
circumstance
of
Treachery
compatible
with
the
mitigating
circumstance
Immediate
Vindication
of
a
Relative
for
a
Grave
Offense?
YES,
because
there
was
intent
to
take
revenge
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla Salendab
CRIMINAL LAW Page 97 of 139
Lecture & Recitation Notes Atty. Maximo Amurao
2. means, methods, or forms need not insure accomplishment of crime; only to insure execution
• Requisites
1.
That
at
the
time
of
the
attack,
the
victim
was
not
in
a
position
to
defend
himself
2.
That
the
offender
consciously
adopted
the
particular
means,
method
or
form
of
attack
employed
by
him
3.
Was
the
mode
the
attack
deliberately
or
consciously
adopted
by
the
accused
to
insure
execution
without
risk
to
the
offender?
ü If
the
answer
to
all
these
questions
is
YES;
then
treachery
is
present
2.
When
the
assault
is
not
continuous,
or
the
attack
is
divisible
into
two
or
more
stages,
or
interrupted,
it
is
sufficient
that
treachery
was
present
at
the
time
of
the
mortal
blow
was
inflicted.
ü Supposing,
there
was
a
heated
argument
between
the
offender
and
the
offended
before
they
attacked
each
other,
can
the
aggravating
circumstance
of
treachery
be
appreciated?
NO,
either
or
both
parties
should
have
been
prepared
ü Supposing,
there
was
a
warning
from
the
offender,
then
after
a
few
minutes
he
attacked
the
victim,
can
the
aggravating
circumstance
of
treachery
be
appreciated?
NO,
because
there
was
a
chance
to
defend
himself
and
pose
a
risk
to
the
offender
ü Supposing,
your
enemy
was
sleeping,
you
tapped
him,
then
you
shot
him
as
soon
as
he
awakened,
can
the
aggravating
circumstance
of
treachery
be
appreciated?
YES
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla Salendab
CRIMINAL LAW Page 98 of 139
Lecture & Recitation Notes Atty. Maximo Amurao
ü Supposing,
the
victim’s
hands
and
feet
were
tied,
then
mortal
wounds
were
inflicted
on
the
victim,
can
the
aggravating
circumstance
of
treachery
be
appreciated?
YES
ü Supposing,
the
offender
buried
half
of
the
victim’s
body,
then
he
hacked
the
victim
to
death,
can
the
aggravating
circumstance
of
treachery
be
appreciated?
YES
ü Supposing,
the
accused
shot
the
victim
who
was
tied
to
a
coconut
tree,
can
the
aggravating
circumstance
of
treachery
be
appreciated?
YES
ü Supposing,
there
was
a
dispute
over
a
parking
space,
then
the
accused
shot
the
victim,
can
the
aggravating
circumstance
of
treachery
be
appreciated?
NO
ü Supposing,
the
victim
suffered
frontal
mortal
wounds,
immediately,
can
the
aggravating
circumstance
of
treachery
not
be
appreciated?
NO,
because
having
frontal
wounds
is
NOT
conclusive
that
there
was
no
treachery
ü Supposing,
the
victim
suffered
mortal
wounds
at
the
back,
immediately,
can
the
aggravating
circumstance
of
treachery
be
appreciated?
NO
• Note:
The
location
of
the
wounds
does
not
give
rise
to
the
presumption
of
the
presence
of
treachery
ü Supposing,
the
victim
hid
behind
a
drum
where
he
could
not
be
seen
by
the
offender,
the
offender,
knowing
that
the
victim
was
hiding
behind
the
drum
shot
at
the
drum;
the
bullet
penetrated
the
drum
and
hit
the
victim
which
caused
his
death,
can
the
aggravating
circumstance
of
treachery
be
appreciated?
YES,
because
the
victim
was
not
in
a
position
to
defend
himself
ü Supposing,
there
was
an
agreement
to
fight
• Treachery
cannot
be
presumed;
must
be
proved
by
clear
and
convincing
evidence
• In
treachery,
it
is
not
necessary
that
the
person
intended
to
be
killed
was
not
the
one
actually
killed
• According
to
Prof.
Amurao,
treachery
is
a
politician
and
a
“buwaya”,
because
it
takes
everything;
because
treachery
absorbs
all
other
aggravating
circumstances
-‐
the
use
of
an
unlicensed
firearm
=
a
special
aggravating
circumstance
for
the
crime
of
murder
or
homicide;
before
it
was
separately
prosecuted,
but
now
unlawful
possession
is
only
a
special
aggravating
circumstance
that
can
increase
the
penalty
to
the
maximum;
no
separate
prosecution
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla Salendab
CRIMINAL LAW Page 99 of 139
Lecture & Recitation Notes Atty. Maximo Amurao
-‐
that
means
be
employed
or
circumstances
brought
about
which
add
ignominy
to
the
natural
effects
of
the
act
-‐
a
qualifying
aggravating
circumstance
=
cannot
be
offset
by
a
mitigating;
CHANGES
THE
NATURE
OF
THE
CRIME
• Ignominy
–
a
circumstance
pertaining
to
the
moral
order
which
adds
disgrace
and
obloquy
to
the
material
injury
caused
by
the
crime
• Applicable
to
crimes
against
chastity,
less
serious
physical
injuries,
light
or
grave
coercion
and
murder
• Effect
of
ignominy:
the
crime
becomes
more
humiliating
or
to
put
the
offended
party
to
shame
ü Supposing,
a
woman
was
raped
in
the
presence
of
her
husband
and
children,
can
the
aggravating
circumstance
of
ignominy
be
appreciated?
YES
ü Supposing,
a
woman
was
raped
while
cogon
grass
was
wrapped
around
the
penis
of
the
offender,
can
the
aggravating
circumstance
of
ignominy
be
appreciated?
Prof.
Amurao
thinks
that
this
scenario
falls
under
the
aggravating
circumstance
of
cruelty
IGNOMINY
Art,
18
and
19-‐
PD
532,
accomplices
in
PD
532
Art.
19
accessories-‐
Anti-‐fencing
law
PD
1829
(Obstruction
of
Justice)
Art.
29
Preventive
Imp
and
crediting
Victim
all
wounds
frontal
Treachery
cannot
be
appreciated?
No.
Mere
presence
of
frontal
wound
is
not
conclusive
that
no
treachery
was
employed
neither
will
presence
of
back
wounds
be
conclusive
that
treachery
was
present.
Absent
any
proof
as
to
how
wound
was
inflicted.
Victim
has
just
awaken,
still
drowsy
when
attacked.
Treachery?
Yes.
Question
Hour:
Amurao
Speaking.
When
there
are
2
qualifying,
one
will
suffice
to
change
the
nature
of
the
crime.
What
will
happen
to
the
other
qualifying?
The
other
will
be
considered
as
generic
aggravating
circumstance-‐
penalty
to
the
maximum.
(Except
treachery,
because
treachery
will
absorb
them)
N.B.
Other
qualifying
circ.
Not
in
art
248
(murder)
e.g.
craft,
fraud,
or
disguise.
They
are
means
of
treachery,
absorbed
in
treachery
in
Art.
248.)
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla Salendab
CRIMINAL LAW Page 100 of 139
Lecture & Recitation Notes Atty. Maximo Amurao
-‐ that the crime be committed after an unlawful entry
-‐
a
qualifying
aggravating
circumstance
=
cannot
be
offset
by
a
mitigating;
CHANGES
THE
NATURE
OF
THE
CRIME
• Unlawful
Entry
–
an
entrance
is
effected
by
a
way
not
intended
for
• Purpose
–
to
effect
entrance
not
for
escape
ü Supposing,
the
window
was
used
to
gain
entry
into
the
house,
can
the
aggravating
circumstance
of
unlawful
entry
be
appreciated?
YES
ü Supposing,
the
owners
of
the
house
commonly
use
the
window
as
their
ordinary
means
to
enter
the
house,
then
the
accused
entered
the
door,
can
the
aggravating
circumstance
of
unlawful
entry
be
appreciated?
YES
• Unlawful
entry
is
inherent
(thus
cannot
be
appreciated
as
an
aggravating
circumstance)
in
the
following
crimes:
-‐
robbery
with
force
upon
things
-‐
a
qualifying
aggravating
circumstance
=
cannot
be
offset
by
a
mitigating;
CHANGES
THE
NATURE
OF
THE
CRIME
ü Supposing,
the
accused
intended
to
kill
his
next-‐door
neighbor
by
breaking
the
wall
separating
them,
then
he
shot
the
neighbor,
can
the
aggravating
circumstance
of
breaking
wall
be
appreciated?
YES
• Breaking
wall
is
inherent
in
robbery
with
force
upon
things
• Article 14(20) – Aid of Minor or by Means of Motor Vehicles
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla Salendab
CRIMINAL LAW Page 101 of 139
Lecture & Recitation Notes Atty. Maximo Amurao
-‐
that
the
crimes
be
committed
(1)
with
the
aid
of
persons
under
15
years
of
age
or
(2)
by
means
of
motor
vehicles,
airships
or
other
similar
means
-‐ involves the taking advantage of the child’s immaturity or innocence
-‐ the offender should deliberately seek for the use of the vehicle
-‐ the use of the motor vehicle must be the means used to commit the crime
ü Supposing,
the
accused
robbed
a
house
then
found
a
car
in
front
of
the
house
which
he
used
for
his
escape,
can
the
aggravating
circumstance
of
use
of
motor
vehicle
be
appreciated?
NO,
because
the
crime
was
already
accomplished
ü Supposing,
the
accused
robbed
the
passengers
in
a
bus,
can
the
aggravating
circumstance
of
use
of
motor
vehicle
be
appreciated?
YES,
even
if
it
is
a
public
vehicle,
the
circumstance
can
be
appreciated
ü Supposing,
a
taxicab
was
hired,
then
an
argument
ensued
inside
where
the
accused
killed
the
victim,
can
the
aggravating
circumstance
of
use
of
motor
vehicle
be
appreciated?
NO,
because
the
motor
vehicle
was
just
incidental
to
the
crime
ü Are
motorized
bikes
considered?
YES
ü What
if
it
is
a
motorized
bike
but
the
motor
is
not
used?
YES
ü Are
road-‐rollers
or
“pison”
considered?
NO,
because
it
is
not
motorized
as
contemplated
by
the
LTO
• Use
of
motor
vehicles
is
inherent
in
the
crime
of
carnapping
-‐
a
qualifying
aggravating
circumstance
=
cannot
be
offset
by
a
mitigating;
CHANGES
THE
NATURE
OF
THE
CRIME
• Cruelty
–
when
the
culprit
enjoys
and
delights
in
making
his
victim
suffer
slowly
and
gradually,
causing
the
victim
unnecessary
physical
pain
in
the
consummation
of
the
criminal
act
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla Salendab
CRIMINAL LAW Page 102 of 139
Lecture & Recitation Notes Atty. Maximo Amurao
• Requisites:
1.
That
the
injury
caused
be
deliberately
increased
by
causing
another
wrong
2. That the other wrong be unnecessary for the execution of the purpose of the offender
ü Is
there
cruelty
when
it
is
done
against
a
dead
body?
NO,
because
it
did
not
prolong
pain
since
the
person
was
already
dead
ü Is
there
cruelty
when
it
is
done
against
an
unconscious
person?
YES
ü Supposing,
a
dead
person
was
found
with
125
stab
wounds,
can
the
aggravating
circumstance
of
use
of
motor
vehicle
be
appreciated?
NO,
because
the
number
of
wounds
is
immaterial
with
cruelty
Article
15
-‐
those
which
must
be
taken
into
consideration
as
aggravating
or
mitigating
according
to
the
nature
and
effects
of
the
crime
and
the
other
conditions
attending
its
commission
2. Intoxication
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla Salendab
CRIMINAL LAW Page 103 of 139
Lecture & Recitation Notes Atty. Maximo Amurao
2. usurpation 4. arson
• Relationship
is
exempting
in
crimes
of
theft,
swindling,
or
malicious
mischief
if
the
offender
and
offended
live
together
• Relationship
is
aggravating
in
crimes
against
persons
when
the
offended
is
a
relative
of
higher
degree
than
the
offender
or
when
the
offender
and
offended
are
parties
of
the
same
level
• If
the
offended
is
a
relative
of
lower
degree,
in
the
crime
of
less
serious
and
slight
physical
injuries,
relationship
is
mitigating
• If
the
offended
is
a
relative
of
higher
degree,
in
the
same
crimes,
relationship
is
aggravating
• When
the
crime
is
homicide
or
murder,
which
resulted
to
the
death
of
the
victim,
relationship
is
aggravating,
regardless
of
degree.
• In
crimes
against
chastity,
relationship
is
ALWAYS
aggravating
-‐ if the intoxication is not subsequent to the plan to commit a crime
-‐
if
intoxication
is
intentional
(fully
knowing
its
effects
as
a
stimulant)
or
subsequent
to
the
plan
to
commit
the
crime
§ Reason
for
aggravation:
bolstered
courage
to
commit
the
crime
(intentional);
lessens
resistance
to
evil
thoughts
(habitual)
ü Supposing,
the
crime
was
done
not
in
a
civilized
society,
can
the
alternative
circumstance
of
low
degree
of
instruction
as
a
mitigating
circumstance
YES,
it
is
a
mitigating
circumstance
ü Supposing,
the
accused
killed
a
person,
can
the
alternative
circumstance
of
low
degree
of
instruction
as
a
mitigating
circumstance
be
appreciated?
NO,
because
killing
is
inherently
wrong
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla Salendab
CRIMINAL LAW Page 104 of 139
Lecture & Recitation Notes Atty. Maximo Amurao
ü Supposing,
the
accused
committed
the
crime
of
treason,
can
the
alternative
circumstance
of
low
degree
of
instruction
as
a
mitigating
circumstance
be
appreciated?
NO,
because
love
for
country
is
a
natural
feeling
that
requires
no
degree
of
instruction
ü Supposing,
accused
committed
crimes
against
chastity,
can
the
alternative
circumstance
of
low
degree
of
instruction
as
a
mitigating
circumstance
be
appreciated?
NO
ü Supposing,
accused
committed
crimes
against
chastity,
can
the
alternative
circumstance
of
low
degree
of
instruction
as
a
mitigating
circumstance
be
appreciated?
NO
ü Supposing,
accused
committed
the
crime
of
murder,
can
the
alternative
circumstance
of
low
degree
of
instruction
as
a
mitigating
circumstance
be
appreciated?
NO
ü Supposing,
a
lawyer
committed
the
crime
of
estafa,
can
the
alternative
circumstance
of
high
degree
of
instruction
as
an
aggravating
circumstance
be
appreciated?
YES
ü Supposing,
a
doctor
prepared
a
special
poison
to
kill
the
victim,
can
the
alternative
circumstance
of
high
degree
of
instruction
as
an
aggravating
circumstance
be
appreciated?
YES
Article 16
1.
Principals
2.
Accomplices
3.
Accessories
-‐
the
following
are
criminally
liable
for
light
felonies:
1.
Principals
2.
Accomplices
• Accessories
are
not
liable
for
light
felonies
because
the
social
wrong
is
so
small
• Rules
on
light
felonies
1.
punishable
only
when
consummated
2.
when
committed
against
persons
or
property
and
punishable
in
the
attempted
or
frustrated
3.
only
principals
and
accomplices
are
liable
4.
accessories
are
not
liable
even
in
crimes
against
persons
or
property
• Only
natural
persons
can
be
active
subjects
of
a
crime
contemplated
under
Article
16
of
the
RPC
Reasons:
1.
Under
the
Revised
Penal
Code,
persons
act
with
personal
malice
or
negligence;
artificial/judicial
persons
can’t
act
with
malice
or
negligence
2.
A
juridical
person
like
a
corporation
can’t
commit
a
crime
that
requires
willful
purpose
or
malicious
intent
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla Salendab
CRIMINAL LAW Page 105 of 139
Lecture & Recitation Notes Atty. Maximo Amurao
3. There is substitution of deprivation of liberty for pecuniary penalties in insolvency cases
4. Other penalties like destierro and imprisonment = executed on individuals only
Article 17
1. those who take a direct part in the execution of the act
2. those who directly force or induce others to commit it (By Inducement)
3.
those
who
cooperate
in
the
commission
of
the
offense
by
another
act
without
which
it
would
not
have
been
accomplished
• By
directly
forcing
another
to
commit
a
crime
(no
conspiracy
involved)
1.
by
using
irresistible
force
2.
by
causing
uncontrollable
fear
• By
directly
inducing
another
to
commit
a
crime
1.
by
giving
price
or
offering
reward
or
promise
=
collective
criminal
responsibility
2.
by
using
words
of
command
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla Salendab
CRIMINAL LAW Page 106 of 139
Lecture & Recitation Notes Atty. Maximo Amurao
• Requisites
for
the
Principal
by
Inducement
1.
that
the
inducement
be
made
directly
with
the
intention
of
procuring
the
commission
of
the
crime
2.
that
such
inducement
be
the
determining
cause
of
the
commission
of
the
crime
• Inducement
–
may
be
by
acts
of
command,
advice,
or
through
influence
or
agreement
for
consideration;
the
words
of
advice
or
influence
must
actually
move
the
hands
of
the
principal
by
direct
participation
• The
inducement
must
be
the
determining
cause
for
the
commission
of
the
crime
by
the
principal
by
direct
participation,
that
is
without
such
inducement
the
crime
would
not
have
been
committed
• The
inducement
must
precede
the
act
and
must
be
so
influential
• If
there
is
a
price
or
reward
involved,
w/o
prior
promise
=
no
inducement
• By
using
words
of
command
-‐
the
words
must
be
the
moving
cause
of
the
offense
1.
that
the
one
uttering
the
words
of
command
must
have
the
intention
of
procuring
the
commission
of
the
crime
2.
that
the
one
who
made
the
command
must
have
an
ascendancy
or
influence
over
the
person
who
acted
3.
that
the
words
used
must
be
so
direct,
so
efficacious,
so
powerful
as
to
amount
to
physical
or
moral
coercion
Efficacious
–
it
would
seem
or
it
was
furnished
that
the
material
executor
or
principal
by
direct
participation
had
reason
to
believe
or
was
made
to
believe
that
the
deceased
did
something
wrong
4.
the
words
of
command
must
be
uttered
prior
to
the
commission
of
the
crime;
when
the
words
were
uttered
after
the
commencement
of
the
crime
=
no
inducement
5.
the
material
executor
has
no
personal
reason
to
commit
the
crime
• Difference
bet.
Principal
by
Inducement
&
Offender
by
Proposal
PRIN.
BY
INDUCEMENT
OFFENDER
BY
PROPOSAL
-‐
inducement
to
commit
the
crime
-‐
inducement
to
commit
the
crime
-‐
liable
only
when
crime
is
committed
-‐
mere
proposal
to
commit
is
by
the
principal
by
direct
participation
punishable
in
treason
&
rebellion;
-‐ inducement involves any crime -‐ applies in treason & rebellion only
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla Salendab
CRIMINAL LAW Page 107 of 139
Lecture & Recitation Notes Atty. Maximo Amurao
• Cooperate
–
means
to
desire
or
wish
in
common
a
thing,
but
that
common
will
or
purpose
does
not
necessarily
mean
previous
understanding
for
it
can
be
explained
or
inferred
from
the
circumstances
of
each
case
• Requisites:
1.
participation
in
the
criminal
resolution,
that
is,
there
is
either
anterior
conspiracy
or
unity
of
criminal
purpose
and
intention
immediately
before
the
commission
of
the
crime
charged
2.
cooperation
in
the
commission
of
the
crime
by
performing
another
act,
without
which
it
would
not
have
been
accomplished
• First
requisite
-‐
requires
participation
in
the
criminal
resolution
-‐
there
must
be
conspiracy
-‐
concurrence
is
sufficient
-‐
cooperation
indispensable
• Second
requisite
-‐
cooperation
MUST
be
indispensable
-‐
if
dispensable,
accused
is
only
an
accomplice
• Collective
Criminal
Responsibility
(CCR)
–
when
the
offenders
are
criminally
liable
in
the
same
manner
and
to
the
same
extent;
penalty
is
the
same
for
all:
a.
Principals
by
Direct
Participation
–
CCR
b.
Principals
by
Inducement
–
CCR
with
Principals
by
Direct
Participation,
except
those
who
directly
forced
another
to
commit
a
crime
c. Principals by Indispensable Cooperation – CCR with Principals by Direct Participation
• Individual
Criminal
Responsibility
(ICR)
–
in
the
absence
of
previous
conspiracy,
unity
of
criminal
purpose
and
intention
immediately
before
the
commission
of
the
crime
or
community
of
criminal
design,
the
criminal
responsibility
arising
from
different
acts
directed
against
one
and
the
same
person
is
individual
and
not
collective,
and
each
of
the
participants
is
liable
only
for
the
act
committed
by
him
Article
18
• ARTICLE
18
-‐
ACCOMPLICES
-‐
Accomplices
are
persons
who,
not
being
included
in
Article
17,
cooperate
in
the
execution
of
the
crime
by
previous
or
simultaneous
acts
• Quasi-‐Collective
Criminal
Responsibility
–
some
of
the
offenders
in
the
crime
are
principals;
others
are
accomplices
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla Salendab
CRIMINAL LAW Page 108 of 139
Lecture & Recitation Notes Atty. Maximo Amurao
-‐ they know & agree with the -‐ they know & agree with the
-‐ they come to know about the -‐ they know the criminal intention
criminal design after the conspirators because they have decided upon
-‐ only concurs to the commission of -‐ they decide to commit the crime
-‐ mere instruments performing acts -‐ they are the authors of the crime
the crime
2.
that
he
cooperates
in
the
execution
of
the
offense
by
previous
and
simultaneous
acts
with
the
intention
of
supplying
the
material
or
moral
aid
in
the
execution
of
the
crime
in
an
efficacious
way
3.
that
there
be
a
relation
between
the
acts
done
by
the
principal
and
those
attributed
to
the
person
charged
as
accomplice
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla Salendab
CRIMINAL LAW Page 109 of 139
Lecture & Recitation Notes Atty. Maximo Amurao
3. an accomplice does not inflict more or most serious wounds
Article
19
• ARTICLE
19
-‐
ACCESSORIES
-‐
Accessories
are
those
who,
having
knowledge
of
the
commission
of
the
crime
and
without
having
participated
therein,
either
as
principals
or
accomplices,
take
part
subsequent
to
its
commission
in
any
of
the
following
manners:
1. by profiting themselves or assisting the offender to profit by the effects of the crime
2.
by
concealing
or
destroying
the
body
of
the
crime
or
the
effects
or
instruments
thereof,
in
order
to
prevent
its
discovery
3.
by
harboring,
concealing
or
assisting
in
the
escape
of
the
principal
of
the
crime,
provided
the
accessory
acts
with
of
his
public
functions
or
whenever
the
author
of
the
crime
is
guilty
of
treason,
parricide,
murder,
or
an
attempt
to
take
the
life
of
the
Chief
Executive
or
is
known
to
be
habitually
guilty
of
some
other
crime
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla Salendab
CRIMINAL LAW Page 110 of 139
Lecture & Recitation Notes Atty. Maximo Amurao
• Examples
of
by
profiting
themselves
by
the
effects
of
the
crime
-‐
received
stolen
property
and
used
it
• Examples
of
assisting
the
offender
by
the
effects
of
the
crime
-‐
sells
the
stolen
property
for
the
offender’s
benefit
-‐ runners or couriers for picking-‐up or getting the ransom money
• Examples
of
by
concealing
or
destroying
the
body
of
the
crime
(or
the
corpus
delicti)
-‐
assisted
in
the
burial
to
prevent
discovery
-‐ concealing or hiding weapons used in the commission of the crime
-‐ harbors, conceals, assists in the -‐ harbors, conceals, assists in the
-‐ acts with abuse of his public -‐ crime of principal is treason,
-‐ crime of principal is any crime against the life of the President,
• If
the
principal
is
acquitted
by
exemption,
accessory
may
still
be
convicted
• Apprehension
and
conviction
of
the
principal
is
not
necessary
for
the
accessory
to
be
held
criminally
liable
• If
the
principal
is
at-‐large
or
not
yet
apprehended,
the
accessory
may
be
prosecuted
and
convicted
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla Salendab
CRIMINAL LAW Page 111 of 139
Lecture & Recitation Notes Atty. Maximo Amurao
Article 20
• Ground
for
exemption
–
ties
of
blood;
preservation
of
the
cleanliness
of
one’s
name
• Nephew
or
niece
not
included
• Accessories
not
exempt
if
they:
-‐
profited
by
the
effects
of
the
crime
-‐
assisted
the
offender
to
profit
• PENALTIES
• Penalty
–
the
suffering
that
is
inflicted
by
the
State
for
the
transgression
of
a
law
-‐ legal
2. Self-‐defense – right to punish; protect society from the threat or wrong
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla Salendab
CRIMINAL LAW Page 112 of 139
Lecture & Recitation Notes Atty. Maximo Amurao
• Social
defense
&
exemplarity:
justifies
the
imposition
of
the
death
penalty
• The
penalties
under
the
RPC
have
a
3-‐fold
purpose
1.
Retribution
or
expiation
–
penalty
commensurate
with
the
gravity
of
the
crime
2.
Correction
or
reformation
–
shown
by
rules
that
regulate
execution
of
penalties
consisting
in
deprivation
of
liberty
3. Social defense – shown by its inflexible severity to recidivists and habitual delinquents
Article 21-‐29
• A
pardon
by
the
offended
party
does
not
extinguish
criminal
action,
because
a
crime
committed
is
a
felony
or
offense
committed
against
the
State,
eg.
estafa
-‐
even
the
offender
pays
damages
to
the
injured
party,
the
offender
can
still
be
prosecuted
• Compromise
does
not
extinguish
criminal
liability
• Under
Article
344,
in
the
crimes
of
seduction,
abduction,
rape
or
acts
of
lasciviousness,
there
shall
be
no
criminal
prosecution
if
the
offender
is
expressly
pardoned
by
the
parents
or
grandparents
or
guardian
of
the
offended
party.
In
the
crime
of
adultery
or
concubinage,
both
offenders
(the
offending
spouse
and
paramour)
must
be
pardoned
by
the
offended
party
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla Salendab
CRIMINAL LAW Page 113 of 139
Lecture & Recitation Notes Atty. Maximo Amurao
• Pardon
under
Article
344
must
be
made
before
the
institution
of
criminal
prosecution,
unless
after
the
institution
of
the
criminal
action,
the
offender
and
the
offended
decide
to
get
married;
This
pardon
is
only
a
bar
to
criminal
prosecution
• ARTICLE
24
–
MEASURES
OF
PREVENTION
AND
SAFETY
THAT
ARE
NOT
CONSIDERED
AS
PENALTIES
1.
Arrest
and
Temporary
Detention
5.
Deprivation
of
Rights
with
4. Fines & Other Corrective Measures, administrative or disciplinary in nature
Fines
Reclusion Perpetua
Reclusion Temporal
Correctional penalties
Prision Correccional
Arresto Mayor
Suspension
Destierro
• Accessory
Penalties
-‐
Perpetual
or
Temporary
absolute
disqualification
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla Salendab
CRIMINAL LAW Page 114 of 139
Lecture & Recitation Notes Atty. Maximo Amurao
-‐ Suspension from public office, the right to vote and be voted for, the profession or
calling
-‐ Indemnification
-‐ Forfeiture of confiscation of instruments and proceeds of the offense
5. Pecuniary (fine)
7.
Bond
to
keep
the
peace
–
the
period
during
which
the
bond
shall
be
effective
is
discretionary
on
the
court
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla Salendab
CRIMINAL LAW Page 115 of 139
Lecture & Recitation Notes Atty. Maximo Amurao
(reading matter)
• Civil
interdiction
–
shall
deprive
the
offender
during
the
time
of
his
sentence
of
the
rights
parental
authority,
or
guardianship,
either
as
to
the
person
or
property
of
any
ward,
of
marital
authority,
of
the
right
to
manage
his
property,
and
of
the
right
to
dispose
of
such
property
by
any
act
or
any
conveyance
Article
36
ARTICLE
36
–
PARDON;
ITS
EFFECTS
-‐
shall
not
restore
the
right
to
hold
office
and
the
right
of
suffrage,
unless
expressly
restored
by
the
terms
of
the
pardon
-‐
shall
not
exempt
the
culprit
from
civil
liability
• Difference
bet.
Pardon
by
the
President
&
Pardon
by
the
Offended
PARDON
BY
PRESIDENT
PARDON
BY
OFFENDED
-‐ cannot include extinction of civil -‐ offended party can waive right
-‐ should be given only after conviction -‐ should be given before the
-‐ may be extended to any of the -‐ must be extended to both offenders
offenders
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla Salendab
CRIMINAL LAW Page 116 of 139
Lecture & Recitation Notes Atty. Maximo Amurao
Article
37
ARTICLE
37
–
COSTS
1.
Fees
2.
Indemnities,
in
the
course
of
judicial
proceedings
Article
38
ARTICLE
38
–
PECUNIARY
LIABILITIES;
ORDER
OF
PAYMENT
1.
The
reparation
of
the
damage
caused
3. Fine
Article
39
ARTICLE
39
–
SUBSIDIARY
PENALTY
• Subsidiary
Penalty
–
a
subsidiary
personal
penalty
to
be
suffered
by
the
convict
who
has
no
property
with
which
to
meet
the
fine,
at
the
rate
of
one
day
for
each
eight
(P8)
pesos,
subject
to
the
rules
provided
for
in
Article
39
• Subsidiary
penalties
should
be
expressly
specified
in
the
conviction
because
without
it,
the
accused
cannot
be
compelled
to
comply
with
it
Article
40-‐44
ARTICLES
40-‐44
–
ACCESSORY
PENALTIES
OF
ARRESTO
(reading
matter)
-‐ Accessory penalties do not have to be specified expressly in the judgment of conviction
-‐ usually, the specific accessory penalties are not specified, they are said generally
Article
45-‐47
• ARTICLE
45
–
CONFISCATION
AND
FORFEITURE
-‐
the
proceeds
of
the
crime
must
first
be
submitted
to
the
jurisdiction
of
the
courts,
and
also
the
tools
used;
if
not
submitted,
the
courts
cannot
adjudicate
on
the
proceeds
and
tools
whether
they
would
be
disposed
in
favor
of
the
state
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla Salendab
CRIMINAL LAW Page 117 of 139
Lecture & Recitation Notes Atty. Maximo Amurao
• ARTICLE
46
–
PENALTY
TO
BE
IMPOSED
UPON
PRINCIPALS
IN
GENERAL
-‐
the
penalty
prescribed
by
law
for
the
commission
of
a
felony
shall
be
imposed
upon
the
principals
-‐
the
law
prescribes
a
penalty
for
a
felony
in
general
terms,
it
shall
be
understood
as
applicable
to
the
consummated
felony
• Exception
–
when
the
law
fixes
a
penalty
for
frustrated
or
attempted
felony
• The
Death
Penalty
should
be
imposed
on
cases
where
the
law
specifies
it
• The
Death
Penalty
as
of
now
is
deemed
to
be
irrelevant
Article
48
ARTICLE
48
–
COMPLEX
CRIMES
1.
When
a
single
act
constitutes
two
or
more
grave
or
less
grave
felonies
(compound
crimes)
2. When an offense is a necessary means for committing the other
• Compound
Crime
-‐
Requisites:
2.
that
the
single
act
produces
(i)
2
or
more
grave
felonies,
(ii)
one
or
more
grave
&
one
or
more
less
grave
felonies,
(iii)
2
or
more
less
grave
felonies
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla Salendab
CRIMINAL LAW Page 118 of 139
Lecture & Recitation Notes Atty. Maximo Amurao
• The
single
act
should
produce
a
grave
felony
or
a
less
grave
felony
or
a
combination
of
both
• Light
felonies
produced
by
the
same
single
act
should
be
treated
and
punished
as
separate
offenses
or
may
be
absorbed
by
the
grave
felony
ü Supposing,
you
shot
your
neighbor
then
the
bullet
hit
two
children;
the
result
was
your
neighbor
died,
two
children
slightly
injured,
the
result
was
1
grave
and
2
light
felonies,
is
the
crime
complex
or
separate?
Separate,
because
the
single
act
should
produce
a
grave
or
less
grave
felony
only
ü Supposing,
a
single
criminal
act
produced
1
grave
felony
and
10
light
felonies,
is
the
crime
complex
or
separate?
Separate
ü Supposing,
a
single
criminal
act
produced
1
less
grave
felony
and
several
light
felonies,
is
the
crime
complex
or
separate?
Separate
ü Supposing,
a
single
criminal
act
produced
a
crime
punishable
by
the
RPC
and
a
crime
punishable
by
special
law,
is
the
crime
complex
or
separate?
Separate,
considered
as
separate
violations
ü Supposing,
Prof.
Amurao
throws
a
grenade
in
class,
5
students
died,
is
the
crime
complex
or
separate?
Complex
ü Supposing,
using
the
same
facts
above,
in
addition
3
light
felonies
were
produced,
is
the
crime
complex
or
separate?
Separate
ü Supposing,
Prof.
Amurao
switched
the
machine
gun
to
automatic
and
shot
at
the
students
with
one
single
act
of
pressing
the
trigger,
producing
several
injuries,
is
the
crime
complex
or
separate?
Separate,
because
the
what
is
considered
is
the
no.
of
bullets
discharged
(People
v.
Desierto)
ü Supposing,
Prof.
Amurao
switched
the
machine
gun
to
not
automatic
and
fired
one
bullet
aimed
at
someone
but
hit
3
others
producing
serious
physical
injuries,
is
the
crime
complex
or
separate?
Complex
ü Supposing,
the
act
of
firing
a
machine
gun
produces
the
crimes
of
attempted
murder
and
physical
injuries,
is
the
crime
complex
or
separate?
Separate,
as
held
by
the
Court
of
Appeals
ü Supposing,
two
shots
were
fired
directed
against
two
different
persons,
is
the
crime
complex
or
separate?
Separate
ü Supposing,
in
a
notorious
village,
a
commander
ordered
all
his
soldiers
to
shoot
at
the
residents,
is
the
crime
complex
or
separate?
Complex,
the
SC
held
in
People
v.
Lawas
that
it
was
a
complex
crime
because
there
was
a
single
offense
since
there
was
a
single
criminal
impulse/intent/purpose
ü Supposing,
a
person
stole
the
fighting
cocks
of
his
neighbor
alternately
with
three
separate,
independent
acts,
is
the
crime
complex
or
separate?
Complex,
as
held
by
the
SC
in
People
v.
De
Leon,
the
criminal
act
was
done
on
the
same
occasion
and
the
offender
was
motivated
by
one
criminal
impulse
ü Supposing,
a
libelous
article
was
published
defaming
5
congressmen
specifically
identified
by
their
names,
is
the
crime
complex
or
separate?
Separate,
because
there
are
as
many
crimes
of
libel
as
there
are
persons
libeled,
provided
that
the
persons
are
expressly
specified;
because
each
of
the
5
congressmen
may
file
for
libel
ü Supposing,
using
the
same
facts
above
except
that
the
congressmen
were
not
identified,
is
the
crime
complex
or
separate?
Complex
ü Supposing,
in
a
local
publication,
news
writers
wrote
that
the
Herrera
doctors
are
inefficient,
is
the
crime
complex
or
separate?
Complex,
because
the
identification
was
in
general
terms,
not
specifically
identified
Complex
Crime
Proper
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla Salendab
CRIMINAL LAW Page 119 of 139
Lecture & Recitation Notes Atty. Maximo Amurao
-‐ Requisites:
2. that one or some of the offenses must be necessary to commit the other
3. that both or all the offenses must be punished under the same statute
ü Supposing,
the
accused
kidnapped
a
girl
with
intent
to
kill,
brought
the
victim
somewhere
then
killed
her,
is
the
crime
complex?
NO,
the
crime
is
only
murder,
because
the
kidnapping
was
only
a
means
to
commit
the
crime
of
murder
ü Supposing,
law
students
made
a
falsified
solicitation
letter
and
collected
money,
is
the
crime
complex?
YES,
the
falsification
of
the
private
document
was
necessary
for
the
crime
of
estafa
ü Supposing,
a
public
official
committed
malversation
through
falsification
of
public
documents,
is
the
crime
complex?
YES,
because
the
falsification
was
necessary
to
commit
malversation
ü Supposing,
the
accused
killed
his
victim
in
a
building,
then
committed
arson
to
conceal
the
murder,
is
the
crime
complex?
NO
• In
the
crimes
of
estafa
and
falsification,
you
look
at
the
crime
first
committed
if
it
was
necessary
for
the
commission
of
the
other;
the
common
element
in
estafa
and
falsification
is
the
intent
to
cause
damage
ü Supposing,
a
city
treasurer
malversed
P5million
pesos
out
of
taxes
then
falsified
documents
to
conceal
the
malversation,
is
the
crime
complex?
NO,
the
crimes
are
separate
ü Supposing,
in
the
crime
of
rebellion,
an
NPA
commander
burned
villages
and
killed
the
villagers
in
furtherance
of
his
acts
of
rebellion,
is
the
crime
complex?
NO,
because
the
acts
he
committed
were
absorbed
in
the
crime
of
rebellion
ü Supposing,
in
the
crime
of
rebellion,
the
NPA
commander
killed
someone
for
personal
reasons,
is
the
crime
complex?
NO,
the
crimes
are
separate
• In
the
crimes
of
treason
or
rebellion,
when
common
crimes
are
committed,
(1)
in
furtherance
of
or
is
related
to
treason
or
rebellion,
the
crimes
are
absorbed,
but
(2)
for
personal
reasons
or
for
a
private
purpose,
the
crimes
are
separate
• There
is
no
complex
crime
of
rebellion
with
common
crimes
-‐ Robbery with Homicide -‐ Kidnapping with Murder or Homicide
• Express
provisions
in
the
Revised
Penal
Code
that
cannot
be
complex
-‐
Article
129:
search
warrant
obtained
maliciously
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla Salendab
CRIMINAL LAW Page 120 of 139
Lecture & Recitation Notes Atty. Maximo Amurao
• Article
48
is
intended
to
favor
the
culprit
or
accused
• The
penalty
for
complex
crimes
is
the
penalty
for
the
most
serious
crime,
the
same
to
be
applied
in
its
maximum
period
• Two
felonies
in
a
complex
crime
punishable
by
imprisonment
and
fine
=
only
the
imprisonment
is
imposed
Article
49
• ARTICLE
49
–
PENALTY
FOR
PRINCIPALS
OF
CRIME
COMMITTED
WAS
DIFFERENT
FROM
WHAT
WAS
INTENDED
• applicable
only
to
mistake
in
identity
Steps
Article 50-‐57
• ARTICLES
50-‐57
–
DEGREES
TO
WHICH
PENALTIES
SHOULD
BE
LOWERED
(reading
matter)
Participants’
liability
lowered
by
degrees
Principals 0 1 2
Accomplices 1 2 3
Accessories 2 3 4
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla Salendab
CRIMINAL LAW Page 121 of 139
Lecture & Recitation Notes Atty. Maximo Amurao
1. stage reached by the crime in its development (consummated, frustrated, attempted)
• All
penalties
for
each
crime
in
the
RPC
=
generally,
shall
always
be
imposed
unless
the
law
itself
expressly
provides,
except
Article
60
• Degree
–
one
whole
penalty;
one
entire
penalty
or
one
unit
of
penalties
enumerated
in
the
graduated
scales
• Period
–
one
of
the
3
equal
portions
(minimum,
medium,
maximum)
Article
58-‐60
• ARTICLE
58
–
ADDITIONAL
PENALTY
UPON
ACCESSORIES
OF
ART.19(3)
-‐
Absolute
perpetual
disqualification
if
guilty
of
a
grave
felony
-‐ Absolute temporary disqualification if guilty of a less grave felony
• Article
19(3)
–
public
officers
who
help
the
author
of
the
crime
by
misusing
their
office
and
duties
shall
suffer
the
additional
penalties
• ARTICLE
59
–
PENALTY
FOR
IMPOSSIBLE
CRIMES
-‐
Arresto
mayor,
with
fine
of
P200-‐P500
Article 61
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla Salendab
CRIMINAL LAW Page 122 of 139
Lecture & Recitation Notes Atty. Maximo Amurao
ü Supposing,
accused
shot
the
victim
qualified
by
treachery,
but
the
victim
survived,
thus
accused
was
convicted
of
frustrated
murder,
the
penalty
for
murder
is
reclusion
perpetua,
but
since
it
was
frustrated,
the
penalty
next
lower
in
degree
applies,
which
is
reclusion
temporal
-‐ If two periods lower, go down two periods in the graduated scale
-‐ If three periods lower, go down three periods in the graduated scale
-‐ Prision mayor (6 years and 1 day to 12 years)
12 – 6 = 6 / 3 = 2
2 = common multiple (add 2 to the periods starting from the minimum)
Medium – 8 years and 1 day to (8+2) 10 years Prision mayor
-‐ Prision mayor medium (8 years and 1 day to 10 years)
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla Salendab
CRIMINAL LAW Page 123 of 139
Lecture & Recitation Notes Atty. Maximo Amurao
• With
the
3
periods
of
prision
mayor
medium
now
determined,
the
mitigating
and
aggravating
circumstances
attendant
can
now
be
applied
• Third
Rule
-‐
when
three
penalties
are
imposed
in
one
(eg.
Reclusion
temporal
–
Death)
-‐ since Death is not imposed, three periods lowered immediately following
Article
62
• ARTICLE
62
-‐
EFFECTS
OF
THE
ATTENDANCE
OF
MITIGATING
AND
AGGRAVATING
CIRCUMSTANCES
AND
HABITUAL
DELINQUENCY
2. should not be included in defining the crime, eg. by means of poison in the crime of murder
3.
The
maximum
period
shall
be
imposed
regardless
of
mitigating
circumstances
if
the
offender
is
a
public
officer
who
took
advantage
by
public
position
4. The maximum period shall be imposed for members of an organized or syndicated crime group
• Organized
or
Syndicated
Crime
Group
–
group
of
two
or
more
persons
collaborating,
confederating
or
mutually
helping
one
another
for
purposes
of
gain
in
the
commission
of
any
crime
• Second
rule
-‐
Aggravating
circumstances
are
not
applicable
if
inherent
in
the
crime,
eg.
evident
premeditation
in
robbery
or
theft;
advantage
taken
by
public
position
in
malversation;
sex
in
crimes
against
chastity;
breaking
wall
in
malicious
mischief
ü Supposing,
the
victim
gave
sufficient
provocation,
which
irritated
the
accused
who
called
his
brother
for
assistance,
then
they
both
killed
the
victim,
can
the
mitigating
circumstance
of
sufficient
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla Salendab
CRIMINAL LAW Page 124 of 139
Lecture & Recitation Notes Atty. Maximo Amurao
provocation
be
appreciated
for
both
of
them?
NO,
only
to
the
one
who
was
the
target
of
the
provocation
(the
accused)
and
not
his
brother
2.
Private
relations
ü Supposing,
your
neighbor
slapped
your
mom,
then
you
asked
your
friend
to
accompany
you
to
kill
your
neighbor,
can
the
aggravating
circumstance
of
immediate
vindication
of
a
relative
for
a
grave
offense
be
appreciated
for
the
both
you?
NO,
only
to
you
because
it
was
your
mom
who
was
offended
first
and
not
your
friend
3. Personal cause
ü Supposing,
you
and
your
friend
entered
your
neighbor’s
house,
not
knowing
that
your
friend
is
afflicted
with
kleptomania,
can
the
mitigating
circumstance
of
illness
be
appreciated
for
the
both
of
you?
NO,
illness
can
be
appreciated
only
to
your
friend
1. Material execution
ü Supposing,
Prof.
Amurao
asked
his
student
to
simply
kill
his
classmate,
but
the
student
applied
cruelty
when
he
killed
his
classmate,
can
the
aggravating
circumstance
of
cruelty
be
appreciated
with
Prof.
Amurao?
NO,
because
he
had
no
knowledge
of
the
material
execution
used.
ü Supposing,
using
the
same
facts
above,
but
Prof.
Amurao
told
his
student
to
kill
his
classmate
‘at
all
costs’,
can
the
aggravating
circumstance
of
cruelty
be
appreciated
with
Prof.
Amurao?
YES
2.
Means
employed
to
accomplish
-‐
Principal
by
direct
participation
uses
poison
to
commit
murder
without
the
knowledge
of
the
Principal
by
inducement
• Habitual
Delinquency
• Habitual
Delinquent
–
a
person
who,
within
a
period
of
10
years
from
the
date
of
release
or
last
conviction
of
the
crimes
of
serious
or
less
serious
physical
injuries,
robbery,
theft,
estafa,
or
falsification,
found
guilty
for
a
3rd
time
or
oftener.
A
habitual
delinquent
shall
suffer
an
additional
penalty
• Difference
between
Habitual
Delinquent/Recidivist/Reiteracion
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla Salendab
CRIMINAL LAW Page 125 of 139
Lecture & Recitation Notes Atty. Maximo Amurao
Crimes -‐ specified crimes -‐ 2 crimes embraced in -‐ 2 crimes not
the same title of the RPC embraced in the same
Period
-‐
within
10
years
-‐
time
bet.
2
offenses
-‐
has
served
sentence
st
is
immaterial
for
the
1
offense
No.
of
rd nd nd
Crimes
-‐
3
time
or
oftener
-‐
2
time
is
sufficient
-‐
2
time
is
sufficient
Effects -‐ additional penalty -‐ a generic aggravating -‐ not always an
mitigating circumstance
-‐ needs to be alleged in the -‐ does not need to be alleged
information
-‐ should be alleged in the -‐ comes only after the sentence of
beginning conviction
-‐ imposes an additional penalty -‐ imposed only when unable to pay fine
-‐ cannot be considered with a -‐ general allegation will suffice
specifically alleged
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla Salendab
CRIMINAL LAW Page 126 of 139
Lecture & Recitation Notes Atty. Maximo Amurao
2.
after
conviction
or
after
serving
sentence
again
committed
within
10
years
from
his
release
or
date
of
first
conviction,
he
was
convicted
of
any
of
said
crimes
for
the
2nd
time
3.
after
conviction
or
after
serving
sentence
for
the
2nd
offense
again
commits
and
within
10
years
of
conviction
or
release
for
the
2nd
offense,
commits
a
3rd
time
or
oftener
• Additional
Penalties
1.
For
the
3rd
time
=
the
penalty
for
the
last
crime
+
Prision
correctional
medium
to
maximum
2. For the 4th time = the penalty for the last crime + Prision mayor minimum to medium
3.
For
the
5th
time
or
more
=
the
penalty
for
the
last
crime
+
Prision
mayor
maximum
to
Reclusion
temporal
minimum
• Total
of
last
penalty
and
additional
penalty
=
should
not
exceed
30
yrs.
• If
the
court
overlooked
the
imposition
of
an
additional
penalty
for
habitual
delinquency
=
the
offender
cannot
be
compelled
to
suffer
the
additional
penalty
• In
the
commission
of
several
crimes
occurring
on
or
about
the
same
date
shall
be
considered
only
as
one
for
purposes
of
habitual
delinquency
• In
the
conviction
for
those
crimes
occurring
on
or
about
the
same
date
shall
also
be
considered
as
one
Article
63
• ARTICLE
63
–
RULES
ON
INDIVISIBLE
PENALTIES
1.
For
single
indivisible
penalties
(reclusion
perpetua)
–
shall
be
applied
regardless
of
mitigating
or
aggravating
circumstances,
eg.
the
crime
of
rape
with
homicide,
with
the
mitigating
circumstances
of
voluntary
surrender,
voluntary
confession
of
guilt,
and
illness,
the
penalty
shall
still
be
reclusion
perpetua
because
circumstances
are
disregarded
2.
For
two
indivisible
penalties
(sub-‐paragraphs
1-‐4
are
inapplicable,
because
there
is
no
death
penalty,
therefore
there’s
only
one
indivisible
penalty)
• Exception
to
disregarding
circumstances:
if
it
is
a
privileged
mitigating
circumstance
(Articles
68
&
69),
or
if
the
accused
is
a
minor
who
acted
with
discernment
=
can
be
entitled
to
a
penalty
next
lower
in
degree
Article
64
• ARTICLE
64
–
RULES
FOR
PENALTIES
WITH
3
PERIODS
-‐
In
accordance
w/
Articles
76-‐77
whether
there
are
attending
circumstances
• First
rule
-‐
if
neither
a
mitigating
or
aggravating
circumstance
is
present
=
medium
period
is
imposed
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla Salendab
CRIMINAL LAW Page 127 of 139
Lecture & Recitation Notes Atty. Maximo Amurao
• Second
rule
-‐
if
there
is
a
mitigating
circumstance
=
minimum
period
is
imposed
• Third
rule
-‐
if
there
is
an
aggravating
circumstance
=
maximum
period
is
imposed
• Fourth
rule
-‐
if
there
is
both
a
mitigating
and
aggravating
circumstance
=
courts
shall
offset
the
circumstances
according
to
relative
weight
• Fifth
rule
-‐
if
there
are
2
or
more
mitigating
circumstances
and
absolutely
no
aggravating
circumstances
=
the
penalty
next
lower
in
degree
is
imposed
• Sixth
rule
-‐
whatever
the
number
or
nature
of
aggravating
circumstances
=
courts
cannot
impose
a
greater
penalty
than
prescribed
by
law
in
maximum
• Seventh
rule
-‐
Courts
can
determine
extent
of
penalty
within
the
limits
of
each
period
Article
65-‐67
• ARTICLE
65
–
RULES
FOR
PENALTIES
NOT
IN
THREE
PERIODS
(reading
matter)
-‐
¼
of
the
maximum
fine
is
either
added
(for
aggravating
circumstances)
or
deducted
(for
mitigating
circumstances)
from
the
maximum
fine
-‐ Arresto mayor minimum to Arresto mayor medium (for less grave felonies)
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla Salendab
CRIMINAL LAW Page 128 of 139
Lecture & Recitation Notes Atty. Maximo Amurao
Article 68
• Minor
under
18
who
acted
with
discernment
=
penalty
two
degrees
lower
Article
69
Article 70
ü Supposing,
you
are
a
judge,
can
you
impose
the
sentence
of
500
counts
of
malversation,
which
is
each
punishable
by
15
yrs.
of
imprisonment,
without
violating
Article
70?
YES,
because
the
3-‐fold
rule
does
not
refer
to
the
imposition
of
sentence
but
refers
to
the
service
to
the
penalty;
the
courts
can
sentence
no
matter
what
and
no
matter
how
much
• The
3-‐fold
rule
is
the
concern
of
the
Director
of
Prisons,
NOT
of
the
courts
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla Salendab
CRIMINAL LAW Page 129 of 139
Lecture & Recitation Notes Atty. Maximo Amurao
• If
the
sum
total
of
all
the
penalties
does
not
exceed
the
most
severe
multiplied
by
3,
the
3-‐fold
rule
does
not
apply
• Duration
of
convicts’
sentence
refers
to
several
penalties
for
different
offenses
not
yet
served
out
=
has
to
serve
continuous
imprisonment
Article
71-‐77
• ARTICLE
71
–
GRADUATED
SCALES
• Penalties
are
classified
between
personal
penalties
(imprisonment)
and
political
rights
(suspension,
fine,
etc)
• Arresto
mayor
is
followed
by
destierro
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla Salendab
CRIMINAL LAW Page 130 of 139
Lecture & Recitation Notes Atty. Maximo Amurao
-‐
the
Maximum
term
should
be
imposed
under
the
rules
of
the
RPC;
penalty
prescribed
by
law
after
applying
the
legal
effects
of
mitigating
or
aggravating
circumstances;
only
the
maximum
is
affected
by
the
attending
circumstances
-‐
the
Minimum
term
should
be
within
the
range
of
the
penalty
next
lower
to
that
prescribed
by
the
RPC;
the
penalty
prescribed
by
law,
lower
it
immediately
by
one
degree,
ignore
all
the
mitigating
or
aggravating
circumstances
Example:
ü Supposing,
accidentally
you
met
your
neighbor
along
the
road,
he
challenged
you
to
a
fight
and
you
accepted
the
challenge,
there
was
a
physical
fight,
then
you
inflicted
a
mortal
wound
that
caused
his
death
in
the
hospital,
you
were
charged
with
homicide,
because
there
were
no
qualifying
circumstances,
and
since
there
was
no
mitigating
and
aggravating
you
should
be
sentenced
to
a
medium
period
of
reclusion
temporal
(for
homicide)
-‐
To
get
Minimum
term,
immediately
get
the
penalty
next
to
Reclusion
temporal,
lower
by
1
degree
=
Prision
mayor
–
anywhere
within
Prision
mayor,
the
court
can
decide
what
period,
regardless
of
attending
circumstances
-‐
The
Maximum
term,
considering
the
absence
of
attending
circumstances,
is
Reclusion
Temporal
medium
period
-‐
The
sentence
now
using
the
ISLAW
is
Prision
mayor
in
any
period
as
the
Minimum
term,
up
to
Reclusion
temporal
medium
period
as
the
Maximum
term
• If
the
convict
reaches
the
Minimum
term,
he
shall
eligible
for
parole;
terms
and
conditions
can
be
imposed
by
the
BPP
• Note
from
Prof.
Amurao:
It
pays
to
be
in
good
terms
with
the
judge
and
his
wife
or
his
number
2
so
you
can
get
a
low
Minimum
term
if
not
the
lowest
• Surveillance
Period
during
Parole
(SP)
1.
If
there
is
no
violation
during
the
during
the
special
period,
the
court
will
issue
an
order
for
final
discharge
2.
Legal
effect
of
a
violation
of
law
or
rules:
-‐
release
may
be
revoked
-‐
prosecuted
anew
-‐
prolonged
change
in
the
terms
and
conditions
of
the
parole
-‐
made
to
serve
out
the
remaining
unexpired
portion
of
the
sentence
• During
parole,
the
convict
is
as
free
as
any
normal
person
except
for
the
terms
and
condition
that
have
to
be
observed
• ISLAW
is
inapplicable
with
the
following:
1.
persons
convicted
of
death
or
life
imprisonment
-‐
in
terms
of
death,
this
refers
to
the
penalty
actually
imposed
in
the
conviction
by
the
courts,
not
the
penalty
prescribed
by
the
law
-‐
in
terms
of
life
imprisonment,
what
if
Reclusion
perpetua
is
imposed,
can
the
ISLAW
still
be
applied?
The
SC
says
NO,
it’s
not
applicable
2.
those
convicted
of
treason,
proposal
or
conspiracy
to
commit
treason
3.
those
convicted
of
misprision
of
treason,
rebellion,
sedition,
espionage
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla Salendab
CRIMINAL LAW Page 131 of 139
Lecture & Recitation Notes Atty. Maximo Amurao
2. convicted of subversion other crimes of national security or public order
3. a recidivist
4. previously probationed
• There
is
first,
a
judgment
of
conviction
imposed
by
the
court
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla Salendab
CRIMINAL LAW Page 132 of 139
Lecture & Recitation Notes Atty. Maximo Amurao
• Duration
-‐
not
exceeding
6
years
and
not
disqualified
-‐ the accused may file an application for probation with the court
-‐
the
court
will
order
an
investigation
through
the
probation
officer,
all
the
aspects
of
the
life
of
the
convict
-‐ after submission, court may deny or approve recommendation and admit the accused to probation
-‐ reformation
-‐ reintegration
3.
sentence
is
fine
with
subsidiary
imprisonment
=
probation
is
twice
the
days
of
subsidiary
imprisonment
-‐ the convict can either appeal or apply for probation
ü Supposing,
convict
filed
a
notice
of
appeal,
later
changed
his
mind,
withdrew
his
appeal
then
filed
an
application
for
probation,
can
he
do
that?
NO,
once
you
file
for
an
appeal,
you
waive
your
right
to
file
for
an
application
for
probation,
and
vice-‐versa
if
you
first
file
for
an
application
then
later
on
decide
to
withdraw
it.
ü Supposing,
a
judgment
of
conviction
was
made,
thus
not
entitled
to
probation,
so
accused
filed
an
appeal
in
the
CA
where
his
sentence
was
lowered,
qualifying
him
for
probation,
can
he
apply
for
probation
now?
CA
says
–
YES,
there
can’t
be
any
waiver
of
right
because
he
was
not
entitled
to
file
an
application
for
probation
=
there’s
nothing
to
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla Salendab
CRIMINAL LAW Page 133 of 139
Lecture & Recitation Notes Atty. Maximo Amurao
waive
SC says – NO, because he already appealed, though with strong dissenting
opinions about it (The SC is supreme, but it is not always right)
• Beyond
the
15-‐day
reglamentary
period,
you
can’t
file
an
application
for
probation,
except
in
RA
9344,
a
child
in
conflict
with
the
law
can
file
an
application
for
probation
anytime
-‐
Article
80
(repealed
by
RA
9344)
–
involves
the
diversion
and
intervention
programs
for
children
in
conflict
with
the
law
• ARTICLES
81-‐85
–
PROCEDURE
AND
GUIDELINES
FOR
THE
EXECUTION
OF
DEATH
PENALTY
(reading
matter)
• ARTICLE
86
–
ADMINISTRATIVE
MATTER
ON
PENITENTIARIES
(reading
matter)
-‐
not
permitted
to
enter
the
place
or
places
nor
within
the
radius
specified
not
more
than
250,
but
not
less
than
25
kilometers
from
the
place
-‐ or for health reasons, can be allowed to stay home (house arrest)
if death comes before final judgment, even pecuniary liabilities are extinguished
-‐
crime
is
a
debt
incurred
by
the
offender
as
a
consequence;
after
service
of
the
sentence,
the
debt
is
paid
3. Amnesty
-‐ extinguishes the penalty and its effects; as if the crime was not committed
4. Absolute Pardon
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla Salendab
CRIMINAL LAW Page 134 of 139
Lecture & Recitation Notes Atty. Maximo Amurao
-‐ an act of grace by the Chief Executive; exempts the person from punishment only
-‐ forfeiture or loss of the right of the State to prosecute
-‐ loss or forfeiture of right of the government to execute the final sentence
-‐
private
crimes
(abduction,
seduction,
lascivious
acts
adultery,
concubinage)
cannot
be
prosecuted
de
officio
-‐ public crimes (rape) can be prosecuted de officio (meaning initiated in Court by filing a complaint
• The
prescriptive
period
shall
commence
to
run
from
the
discovery
of
the
crime
and
shall
be
interrupted
only
by
filing
a
complaint
or
information
in
court
• Commences
to
run
again
when
such
proceedings
terminate
without
the
accused
being
convicted
or
acquitted
• The
prescriptive
period
shall
not
run
when
the
offender
is
absent
from
the
Philippines
ü Supposing,
in
1980
the
accused
commits
a
crime,
then
goes
into
hiding,
he
resurfaces
20
years
later,
then
the
government
finds
a
witness,
can
they
institute
a
case?
NO,
but
if
the
accused
left
for
the
US,
YES
he
can
be
prosecuted
still
• The
mere
filing
of
a
complaint
with
the
following
does
not
interrupt
the
prescriptive
period:
-‐
Chief
of
Police
-‐
Office
of
the
NBI
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla Salendab
CRIMINAL LAW Page 135 of 139
Lecture & Recitation Notes Atty. Maximo Amurao
because
these
do
not
constitute
the
court;
they
are
not
part
of
the
judiciary,
not
part
of
the
courts
of
justice
• But
filing
with:
Office
of
the
Public
Prosecutor
or
Office
of
the
Ombudsman,
may
interrupt
the
prescriptive
period
• The
prescriptive
period
shall
commence
upon
evasion
of
the
service
of
sentence
of
the
convict
and
shall
be
interrupted
by
the
following:
1.
if
offender
gives
himself
up
3. goes to a foreign country with which we have no extradition treaty
4. commits another crime before expiration of the period of prescription
-‐ loss or forfeiture of the State to -‐ loss or forfeiture of the State to
time
-‐ period: includes libel, oral -‐ light felonies for 1 year
light felonies
-‐ starts counting upon discovery of the -‐ starts counting upon the escape or
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla Salendab
CRIMINAL LAW Page 136 of 139
Lecture & Recitation Notes Atty. Maximo Amurao
commission of the crime evasion of service of the sentence
-‐ mere absence from the Philippines -‐ absence from the Philippines
-‐ commission of another crime before -‐ commission of another crime
the expiration of the period does not before expiration of the period
-‐ must be delivered and accepted; contract bet. President and the convict
2. 3 -‐ 5 years = deduction of 8 days for each month of good behavior
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla Salendab
CRIMINAL LAW Page 137 of 139
Lecture & Recitation Notes Atty. Maximo Amurao
3. 6-‐10 years = deduction of 10 days for each month of good behavior
4. 11 & so on years = deduction of 15 days for each month of good behavior
ü Supposing,
there
is
a
calamity,
but
you
did
not
escape,
will
you
be
awarded
the
1/5
deduction?
NO,
the
law
says
you
have
to
first
escape
Ø Interested
parties
are:
the
government/State/President
against
the
accused
who
is
the
only
one
liable
because
penalties
are
personal
-‐ reparation
Ø Interested
parties
are:
the
offended
party
and
heirs
against
the
accused
and
heirs
Ø Civil
liability
can
be
extinguished
similar
to
that
of
contracts
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla Salendab
CRIMINAL LAW Page 138 of 139
Lecture & Recitation Notes Atty. Maximo Amurao
• Upon
filing
of
the
criminal
action,
civil
action
is
deemed
instituted
• If
the
criminal
case
was
filed
first,
it
shall
take
precedence
• If
the
civil
case
was
filed
first,
it
will
be
suspended
when
the
criminal
case
is
filed
• Reservation
of
right
–
loses
right
to
intervene
in
criminal
case,
but
allows
for
the
institution
of
an
independent
civil
action
(ICA)
• Independent
Civil
Action
(for
cases
of
or
claims
for
damages,
defamation,
physical
injuries)
may
proceed
simultaneously
with
the
criminal
case,
but
if
there
is
prejudicial
question,
it
shall
be
decided
first
• Prejudicial
Question
–
is
one
which
arises
in
a
case,
the
resolution
of
which
is
a
logical
antecedent
of
the
issue
involved
in
the
said
case,
and
the
cognizance
of
which
pertains
to
another
tribunal
• Extinction
of
criminal
liability
(acquittal)
shall
not
carry
the
civil
action
with
it
unless
it
is
the
basis
for
the
decision
• First
rule:
-‐
Article
12
(1,
2,
3)
=
civil
liability
devolves
to
those
who
have
parental
or
legal
authority
of
them
• Second
rule:
-‐
Article
11(4)
=
those
who
benefited
from
the
harm
prevented
are
civilly
liable
• Third
rule:
-‐
Article
12
(5
&
6)
=
the
persons
causing
the
fear
or
using
violence
are
primarily
liable;
in
their
absence,
those
who
acted
are
secondarily
liable
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla Salendab
CRIMINAL LAW Page 139 of 139
Lecture & Recitation Notes Atty. Maximo Amurao
4. by the confusion or merger of the rights of the creditor and debtor
5. by compensation
6. by novation
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly Villanueva*Ayla Salendab