Criminallaw Amurao-Notes PDF

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Lecture&RecitationNotes Atty.MaximoAmurao
CRIMINAL LAW 1
June 17, 2011
Introducon to Criminal Law
Q: What is criminal law?

CRIMINAL LAW – branch of law which denes crimes, treats of their natre and !ro"ides for
their !nishment
Q: #!!ose Con$ress enacted a !iece of le$isla%on, and an& "iola%on of that law, !enalt& will be
!a&ment of dama$es, is that criminal law?
No, it is Ci"il law' Ci"il !roceedi n$s are ta(en for the !r!ose of obtainin$ com!ensa%on for
in)r&, and ma& ths be dis%n$ished from criminal !roceedin$s, whose !r!ose is to in*ict !nishment'
Q: #!!ose the form of !enalt& will be consca%on of license, is that criminal law?
Q: +ow will &o dene a crime?

what !ar%clar act cons%ttes the crime
what are the elements of the acts
Q: What is criminal !rocedre?

CRIMINAL -R.C/01R/ – bod& of rles that enforces or re$lates criminal law, !ro"ides for the
ste!s in the !rosec%on and2or con"ic%on of an accsed'
Q: Is there an& di3erence between criminal law and criminal !rocedre?

4es'
Q: What are the di3erences?

CRIMINALLAW CRIMINAL-R.C/01R/
sbstan%"e !rocedral2remedial
5/N/RALL4 !ros!ec%"e, !ros!ec%"e, 617 CAN 6/ a!!lied R/7R.AC7I8/
nless fa"orable to the accsed,
!ro"ided accsed is not a habital
delin9ent
onl& comes from the le$isla%"e can be !roml$ated b& the )diciar&
or lawma(in$ bod&; ne"er from
the e<ec%"e or )diciar&
in fa"or of the ends of sbstan%al )s%ce
Q: who is a habital delin9ent?
NO!" #$%
os' (i))ena *+,,-/ in 0au *+,1, / 2ina Acosta *+,1, /
year +,11% !m uinto  5an6 "antos  anna ecson#e7s uintosNor)y
(i))anue7aAy)a "a)en8a
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A !erson who within a !eriod of => &ears from the date of his last release or con"ic%on of the
crimes of 1) serious or less serious physical injuries, 2) robo, 3)hurto 4)estafa or ) falsi!caon ,
he is fond $ilt& of an& of said crimes a third %me or oener @Art B, r!c
Q: #!!ose accsed is a +0, will there be !ros!ec%"e or retroac%"e a!!lica%on of criminal law?
Q: Is criminal law the same as the R-C?

4es
Q: What is a crime?
5eneric term sed to refer to a wron$doin$ !nished either in R-C or nder a s!ecial law
Q: Who has the !ower to enact laws?
Con$ress @Le$isla%"e
Q: Is the !ower of Con$ress absolte?

No' 7here are limita%ons' It shold not "iolate the cons%t%on
Q: We call or !enal code, the R/8I#/0 -/NAL C.0/, wh&, which !enal code was re"ised?
7he #!anish -enal Code
Q: +ow was it re"ised?

A commiDee was formed !rsant to Administra%"e .rder No' EF b& the 0e!artment of
Gs%ce'
7he commiDee was formed on .ct =H, =HB
7he commiDee was com!osed of Anacleto 0iaJ @head; Qin%n -aredes ; Ale< Re&es and
Mariano 0e Go&a
Q: +ow did the re"ision come abot?

the R-C contains !ro"isions of the #!anish !enal code, 1# -enal Code and #C decisions of the
-hili!!ines before the crea%on of the R-C
Q: What are the sorces of criminal law?

Re"ised -enal Code
#!ecial -enal Laws enacted or !assed b& the -hili!!ine Commissi on, -hili!!ine Assembl&,
-hili!!ine Le$islatre, Na%onal Assembl&, 6atasan$ -ambansa, Con$ress of the -hili!!ines
-enal -residen%al 0ecrees issed drin$ Mar%al Law @onl& becase the -resident at that %me
had le$isla%"e !ower, bt $enerall&, the /<ec%"e branch cannot isse /. or -- that are !enal in
natre
#!anish -enal Code
1# -enal Code @we co!ied the 3 crimes from the 1# -enal Code: estafa, mal"ersa%on, etc
Q: Who has the !ower to dene crimes?

7he #tate
NO!" #$%
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Q: Wh& does the #tate has the !ower to dene crimes?

6ecase of its !olice !ower' 7he ri$ht to !rosecte and !nish crimes is "ested in the so"erei$n
!ower, which is the Kili!ino !eo!le'
Q: When did the R-C too( e3ect?

Gan =, =EB
Q: Wh& is there a lon$ la!se of %me in the e3ec%"it& and a!!ro"al of the R-C?
#o that -+ will be familiariJed with the new !ro"isions of the R-C
Q: Who a!!ro"ed the R-C?

1# -resident
Q: What are the theories in criminal law?

Classical, -osi%"ist, Mi<ed
CLA##ICAL
the ob)ec%"e is retrib%on
 the em!hasis is on the crime
consistent with the sa&in$ an e&e for an e&e, a tooth for a tooth
 man has free will to do or not to do
 the criminal liabilit& arises from (nowled$e and freedom
man is a ra%onal bein$
e<am!le: RA EB @+man #ecrit& Act of B>>
-.#I7I8I#7
the ob)ec%"e is reforma%on
the em!hasis is on the criminal
belie"es that crime is a social !henomenon
sees man as a moral2hman bein$
man b& natre is $ood
man is e<!osed to en"ironment where man is com!elled to do a crime
e<am!le: RA EFF @G"enile Gs%ce and Welfare Act of B>>
-roba%on Law of =E
Indeterminate #entence Law
MIO/0
combines the classical and the !osi%"ist
a!!lied classical theor& for heinos crimes
a!!lies the !osi%"ist for economic and social crimes
Q: What do we a!!l& in the -hili!!ines?

Mi<ed' .r s&stem is a liDle bit of classical and a liDle bit of !osi%"ist' 7he R-C is classical and
recent laws enacted b& the le$islatre are !osi%"ist in natre'
NO!" #$%
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Q: What is the de$ree of !roof needed to con"ict an accsed of a criminal char$e?

-roof be&ond reasonable dobt
Q: Is this absolte?
No'
In the crime of treason, -6R0 is not the onl& re9irement' 7here is a re9irement of the B
witness rle
Q: Ma& a !erson be con"icted b& reason of the s!irit of the law?
No' .nl& b& the lan$a$e of the law' It shold be clear and in case of dobt, it shold be
fa"orable to the accsed'
June 21, 2011
Q: What are the (inds of re!eals?

=' Absolte or /<!ress
the e3ect is decriminaliJa%on
the oblitera%on of a crime
for !endin$ cases, the case shall be dismissed
for those ser"in$ sentence, the& shall be released becase there is no more reason for the
accsed to ser"e sentence
B' -ar%al or Im!lied

the crime is s%ll !nishable, bt modied @in terms of !enalt&
e<am!le: the case of Robin -a dilla, -0 =H was !ar%all& re! ealed b& RA HBEF, which
redced the sentence for ille$al !ossession of rearms, ths 9alif&in$ Robin -adilla for
!arole
' #elfre!ealin$
deemed re!ealed !on the e<!ira%on of the date s!ecied b& the law
the law dies a natral death
e<am!le: RA =>> @An%#b"ersion Law and Rent Control Law
Q: What is the "eneral characterisc of criminal law?

Criminal Law is bindin$ on all !ersons who li"e or so)orn in the -hili!!ine territor&, re$ardless of
race, na%onalit&, !oli%cal aPlia%on'
Q: Is this rle absolte?

No' 7he e<ce!%ons are: =' 7rea%es
B' Laws of !referen%al a!!lica%on
Q: What is the territorial characteriscof criminal law?
.nl& crimes commiDed within the -hili!!ine territor& ma& be !rosected before -h cort
NO!" #$%
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Q: What is the ra%onale behind this?

A crime is an o3ense a$ainst the di$nit&, athorit& and so"erei$nt& of the -h territor&; and onl&
the state in which the di$nit&, athorit& and so"erei$nt& has been o3ended has the ri$ht to
!nish the o3ender'
Q: Is the territorialit& absolte?

No' 7he e<ce!%ons are: =' 7rea%es
B' Laws of !referen%al a!!lica%on
Q: .ther characteris%c of criminal law?

-ros!ec%"e @non retroac%"it&
/<ce!%on: fa"orable to the accsed
/<ce!%on to the e<ce!%on: accsed is a habital delin9ent
Q: Can &o $i"e an e<am!le of a treat& that is an e<ce!%on to the $eneralit&  territorialit& !rinci!les of
criminal law?
8KA
Q: Wh& is 8KA an e<ce!%on?

5eneralit& – becase e"en if the accsed so)orn in the -hili!!ines, the accsed will not be
!rosected in !h corts
7erritorialit& – becase e"en if the accsed commiDed the crime in the -hili!!ines, the accsed
will not be !rosected in !h corts
Q: Who are the !ar%es to 8KA?

1# and -+
Q: who are co"ered b& the 8KA?

1# militar& !ersonnel
1# ci"ilian !ersonnel connected to the 1# militar& o!era%ons in the -hili!!ines
Q: Who is a 1# militar& !ersonnel?

militar& members of the 1nited #tates Arm&, Na"&, Marine Cor!s, Air Korce, and Coast 5ard
Q: Is the American Red Cross !ersonnel co"ered b& the 8KA?

4es' Is he is !art of the 1# !ersonnel
Q: What are the t&!es of )risdic%on in 8KA?

/<clsi"e and Concrrent
Q: What do &o mean b& e<clsi"e  concrrent )risdic%on?

/<clsi"e – e<clsi"e of other corts; "ests )risdic%on on one cort
Concrrent – both contries ha"e )risdic%on
NO!" #$%
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Q: When is it e<clsi"e?
-+ ha"e e<clsi"e )risdic%on – crimes !nishable nder -+ laws bt not !nishable nder 1#
laws'
1# ha"e e<clsi"e )risdic%on  crimes !nishable nder 1# laws bt not !nishable nder -+
laws'
Q: When is it concrrent?
Crimes !nishable both nder -+ and 1# laws'
Q: 6t, e"en if )risdic%on is concrrent, when will -+ ha"e !rimar& )risdic%on?

-hili!!ine athori%es shall ha"e the !rimar& ri$ht to e<ercise )risdic%on o"er all o3enses
#specially, when it is a threat to the secrit& of the -hili!!ines,
a treason bes!iona$e csabota$e
/OC/-7:
crime commiDed b& a 1# !ersonnel a$ainst the !ro!ert& and secrit& of the 1# – -h has no
)risdic%on, these incldes:
=' a$ainst the !ro!ert& of the 1#
B' a$ainst the secrit& of the 1#
' a$ainst the !ro!ert& of another militar& !ersonnel
F' a$ainst the secrit& of another militar& !ersonnel
' commiDed in the !erformance of oPcial d%es
Q: #!!ose 1# militar& !ersonnel was dri"in$ at Ro<as 6l"d to deli"er a conden%al leDer to the 1#
embass&, while dri"in$, he rn o"er a !edestrian, which cort has )risdic%on?
1#' CommiDed in the !erformance of oPcial d%es'
Q: #!!ose one ni$ht 1# militar& !ersonnel went to the bar, aer drin(in$ and bein$ so %!s&, ra!ed a
woman, which cort has )risdic%on?
-+' Not in the !erformance of oPcial d%es
Q: #!!ose B Kili!ino ci%Jens wor(in$ as 1# militar& !ersonnel in the -+ had a 9arrel' Kili!ino = shoots
Kili!ino B' Who has )risdic%on?
1#' Ci%Jenshi! is immaterial' What is im!ortant is aDachment to the 1# militar&
Q: #!!ose the one who was in)red led a ci"il case for dama$es, will it !ros!er?
No' 8KA co"ers onl& criminal as!ect
Q: = 1# marine stole the wallet of another 1# marine, who has )risdic%on?

1#' -ro!ert& of another militar& !ersonnel
Q: #!!ose &o are a )d$e, the 1# wrote a leDer for &o to wai"e )risdic%on, what will &o do?
NO!" #$%
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5enerall&, the -+ has to wai"e )risdic%on !on re9est of 1#' 7he re9est for wai"er cannot be
re)ected'
Q: Is this rle absolte?

No' 7he re9est for wai"er ma& be re)ected if the crime is of !ar%clar im!ortance
RA EE @heinos crime
RA => @child abse cases
RA E= @dan$eros dr$s
Q: #!!ose 1# militar& !ersonnel commiDed (idna!!in$, who has )risdic%on?
-+ corts' 7his is a crime a$ainst !ersonal secrit&

Q: 5i"e an e<am!le of Laws of -referen%al A!!lica%on that is local in natre?
Cons%t%on
immnit& sit of !resident
absolte immnit& of Con$ress for !ri"ile$e s!eeches
Con$ress immne from libel
N.7/: Art , #ec ==, =EH Cons% is not an e<ce!%on' 6/CA1#/ Con$ress is onl& immne from
arrest not from !rosec%on
Q: What else?
RA  – -blic Interna%onal Law
0i!loma%c immnit& and cannot be sed, arrested or !nished b& the law of the contr& where
the& are oPciall& assi$ned:
Ambassadors
#o"erei$n or other chief of #tate
Ministers !leni!oten%ar& or minister residents
Char$e dSa3airs
0omes%c #er"ants of !ersons men%oned
N.7/: Consls and other conslar oPcials are not e<em!t from criminal liabilit& becase the&
re!resent the bsiness, commercial mercan%le of their contr&; while, ambassadors, chiefs of
#tate, etc' re!resent the !oli%cal interests of their contr& of ori$in'
WAR#+I- R1L/
warshi! of another contr&, e"en tho$h doc(ed in the -+ is considered an e<tension of the
territor& of that contr&
Q: s!!ose the warshi! of 1# is doc(ed at #bic, one da&, &o went to #bic with &or $f, bro$ht her to
the shi!, and then ra!ed her' Will &o be !rosected?
No' Warshi! is an e<tension 1# territor&
Q: s!!ose aer ra!in$ her, &o bro$ht &or $f to her !arents, will &o be !rosected?
NO!" #$%
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No' Warshi! rle
/mbass& Rle – same as warshi! rle
Q: #!!ose one da&, &o sht a !erson at Ro<as 6l"d, when the !olice oPcers were rnnin$ aer &o,
&o )m!ed o"er the fence of 1# embass&' Ma& the oPcers arrest &o, while &o are inside the 1#
embass&?
No'
Q: What is then the remed& of the oPcers @-h $o"ernment?
/<tradi%on
Q: s!!ose a Kili!ina le$all& married had se<al intercorse with an American at the -h embass&' Is there
an& crime commiDed?
4es' 7he crime of adlter&, bt she cannot be !rosected nder -h corts becase of the
embass& rle'
Q: who else is e<em!t2immne from criminal !rosec%on?

/<ec%"e directors of W+.
Members of the Cons%t%onal Commission
Gs%ces of #!reme Cort
Q: +ow abot conslar oPcials?

7he& are not co"ered' 7he& are not e<em!t from criminal liabilit& becase the& re!resent the
bsiness, commercial mercan%le interests of their contr& of ori$in'
Q: #!!ose Ambassador of Ga!an to the 1# commiDed a crime in the -hili!!ines, ma& he be !rosected?
4es, becase he is not a reco$niJed di!loma%c re!resenta%"e of his contr& to the -hili!!ines'
$rcle 2
T!ar = of Art B is not an e<em!%on to the territorialit& !rinci!le, it is /O7RA7/RRI7.RIALI74U
Q: 7he rst instance in Art B?

#hold commit an o3ense while on -h shi! or airshi!
Q: What is -h shi! or airshi!?

#hi! re$istered with MARINA
Airshi! re$istered with Ci"il Aerona%cs 6oard
Q: What are the re9irements in order a shi!2airshi! be a -h shi!?

It mst be re$istered in accordance with -h laws
Q: Wh& not re$ister in 6rea of Cstoms?
NO!" #$%
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7he law re9irin$ re$istra%on in 6rea of Cstoms had been re!ealed' Now its Marina and CA6
Q: 0oes -+ inclde warshi!?

No' Warshi! has di3erent rle
Q: #!!ose a car$o shi! in QeJon $oin$ to Mala&sia, within -h territor&, = crew commiDed homicide
a$ainst another crew, who has )risdic%on?
-+' 7he crime is commiDed in -+ territor&
It is not im!ortant whether car$o shi! is re$istered or not, becase crime commiDed in -h
territor&' @7erritorialit& !rinci!le
Q: #!!ose that car$o shi! tra"ersed thro$h interna%onal waters then reached the waters of Mala&sia,
= crew member commiDed homicide a$ainst another' Which cort?
Mala&sia' 6ecase the crime is commiDed in Mala&sian waters
TArt B, !ar = ceases to a!!l& if the shi! is in the territor& of forei$n contr&
TArt B, !ar = a!!lies onl& if the shi! is in interna%onal waters
Q: #!!ose &o li"e in a coastal town, then &o hired an nre$istered motorboat, then &o went to intSl
waters, then &o shoot &or $f becase &o are so de!ressed becase of recita%ons in criminal law
re"iew, will &o be liable?
No' nre$istered motorboat
Q: s!!ose in the same motorboat, a married man with his new $f went on hi$h seas, and there $ot
married' Is the man liable for an& crime?
4es' +e is liable for bi$am&' @becase he contracted a second marria$e
617 he cannot be !rosected becase of the territorialit& !rinci!le' 7he crime was commiDed
otside -h territor&'
Q: s!!ose aer the weddin$ ceremon&, &o went to a resort, where there is a bi$ rece!%on' In that
resort, &o had &or hone&moon; will &o @married man be liable for an& crime?
No' Not concbina$e becase mere se<al inte rcorse not !ni shable, it mst be nder
scandalos manner
Q: s!!ose aer &or hone&moon, &o li"e to$ether in a condo in Manila, will &o be liable?
4es' Concbina$e
Cohabita%on; li"in$ in a se!arate home as hsband and wife
Q: What are the B rles?

/n$lish Rle – "essel is in the territor& of another contr&, crimes commiDed in that area are
triable in that other contr&, nless the crimes commiDed in"ol"e !rel& internal maDers within
the "essel; the em!hasis is on the territorialit& of the "essel; where the "essel is fond
NO!" #$%
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Krench Rle – "essel is in the territor& of another contr&, crimes commiDed in that area are not
triable in that contr&, nless the crimes commiDed ha"e endan$ered the !eace and secrit& of
that contr&; the em!hasis is on the na%onalit& of the "essel; )risdic%on lies where the
merchant "essel is re$istered'
T7he -+ adheres to the /n$lish rle
Q: Car$o shi!, re$istered in -anama while in Manila, = crew member shoot the other crew member, who
has )risdic%on?
-h corts' Crime commiDed in manila
Q: Car$o shi!, re$istered in -anama, carried shab, which cort has )risdic%on?
-h corts'
Q: #econd instance in Art B?

Art B !ar B'
%hould for"e or counterfeit any coin or currency note of the &hilippine Islands or obli"aons and
securies issued by the 'o(ernment of the &hilippine Islands
Q: what ma& be the sb)ect of for$er&?

An& coin, Crrenc& Note, obli$a%ons and secri%es issed b& the 5o"ernment of the -hili!!ine
Islands
Q: #!!ose &o ha"e a !rin%n$ !ress in 7aiwan, and &o !rinted 6a$on$ Li!nan notes @mar%al law,
liable?
No' 6ecase 6a$on$ Li!nan notes are not le$al tender
Q: #!!ose coins withdrawn from circla%on, liable?

4es' 7he law does not dis%n$ish' It sa&s AN4 C.IN
Q: #!!ose in &o tam!ered a loDo %c(et, liable?

4es' LoDo %c(et is obli$a%ons and secri%es issed b& the 5-I
Q: $i"e e<am!les of obli$a%ons and secri%es of 5-I

7reasr& bills, loDo %c(ets, bonds of the 6#-
T.bli$a%ons and #ecri%es of 5#I#, ###, Landban( are not of the 5-I becase the& ha"e their
own charter
Q: an& other instance?

Art 2, par 3
%hould be liable for acts connected with the introducon into these islands of the obli"aons and
securies menoned in the presidin" number
NO!" #$%
CRIMINALLAW Pag1eo
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Tthose who introdced the conterfeited items are criminall& liable, e"en if the& were not the
ones who conterfeited the obli$a%ons  secri%es
Ton the other hand, those who conterfeited the items are criminall& liable e"en if the& did not
introdce the conterfeit items
Q: an& other instance?

Art 2, par. 4
hile bein" public o*cers or employees, should commit an o+ense in the eercise of their
funcons
Q: who is a !blic oPcer? -see $rt 2.3)

ta(in$ !art in the !erformance of !blic fnc%ons in the $o"ernment, or !erformin$ in said
$o"ernment or in an& of its branches !blic d%es as an em!lo&ee, a$ent or sbordinate oPcial,
of an& ran( or class; and
that his athorit& to ta(e !art in the !erformance of !blic fnc%ons or to !erform !blic
d%es mst be –
a' b& direct !ro"ision of the law, or
b' b& !o!lar elec%on, or
c' b& a!!ointment b& com!etent athorit&
Q: #!!ose -+ ambassador to 5erman& was $i"en 1#0 B>>,>>> as a fnd to reno"ate the -+ embass&
bildin$ in 5erman&' +e sed onl& 1#0 >,>>> for the reno"a%on, and $a"e the 1#5 =>,>>> to his
nmber B in 5erman&' Is he @ambassador liable?
4es' +e is liable for mal"ersa%on of !blic fnds' +e ma& be !rosected in -h corts'
+e was in cstod& of the mone& b& reason of his oPcial fnc%ons
Q: #!!ose or AK- hi$h oPcials were tas(ed to scot for rearms abroad, and while the& are
ne$o%a%n$ with forei$n com!anies abroad, these com!anies inserted 1#0=>>> in the !ro!osal folder in
an%ci!a%on that their com!an& will be chosen b& AK- to be the s!!lier of or rearms' Ma& these AK-
oPcials be liable?
4es' 7he& are liable for briber&'
Q: @follow! /"en if the act of acce!%n$ the bribe was commiDed abroad, will the& s%ll be liable?
4es, becase the act was commiDed in rela%on or while the AK- are in dischar$e of their oPcial
fnc%ons'
Q: #!!ose Chairman Abalos @comelec while !la&in$ $olf in #han$hai, China recei"ed 1#0>,>>> in
rela%on to the V7/? Is there a crime commiDed? Ma& he be liable?
Crime – an% $ra  corr!t !rac%ces act
617, he cannot be liable2!rosected before -h corts becase Abalos has nothin$ to do with V7/
@!a(i alamera lan$ si&a' 7herefore, he recei"ed the mone& not in connec%on with his oPcial
fnc%on'
NO!" #$%
CRIMINALLAW Pag1eo
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1f43
Q: #!!ose the -+ ambassador to Astralia is le$all& married' Can he be !rosected for concbina$e?
No' Crime was commiDed otside -+
Crime was not in rela%on to oPcial fnc%ons
#lements of concubina"e/
=' 7hat the man mst be married'
B' 7hat he commiDed an& of the followin$ acts:
a' ee!in$ a mistress in the con)$al dwellin$'
b' +a"in$ se<al intercorse nder scandalos circmstances with a woman wh o is
not his wife'
c' Cohabi%n$ with her in an& other !lace'
' 7hat as re$ards the woman she mst (now him to be married
Q: Can the -+ ambassador se immnit& from sit as a defense a$ainst -+ corts?
No
Q: -+ ambassador, married, had se<al intercorse with her American bo&friend in the comfort room of
-+ embass&' Ma& he be !rosected?
4es' -h embass& is an e<tension of -h territor&
0or what crime  adultery
Q: ma& the American ci%Jen bf be liable for an& crime?

4es' Adlter&
#lements/
7hat the woman is married @e"en if marria$e sbse9entl& declared "oid
7hat she has se<al intercorse with a man not her hsband'
7hat as re$ards the man with whom she has se<al intercorses, he mst (now her to
be married'
Q: Last instance?
Art 2, par 5
%hould commit any of the crimes a"ainst naonal security and the law of naons, de!ned in itle
ne of oo5 wo of this Code6
Q: 5i"e e<am!le of crimes a$ainst na%onal secrit&?

7reason, es!iona$e, cons!irac& to commit treason
Q: +ow abot rebellion?

No' rebellion is crimes a$ainst !blic order
Q: crimes commiDed b& the MILK?

No' Crime a$ainst !blic order
Q: e<am!le of "iola%on of the law of na%ons?
An% – terror law
NO!" #$%
CRIMINALLAW Pag1eo
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Crimes a$ainst hmanit&

5enocide
Q: what are the B (inds of !irac&?

-irac& nder the R-C
-irac& nder -0 B
Q: what does Art B co"ers?

-irac& nder R-C onl&' 6ecase !irac& nder -0B is commiDed within -+ waters
$rcle 3
Q: What are felonies?
Acts and omissions !nishable b& law are felonies @delitos'
Q: What do &o mean b& !nishable b& law

-nishable b& the R-C
Q: how felonies are commiDed?

Kelonies are commiDed not onl& be means of deceit @dolo bt also b& means of falt @culpa'
Q: What is dolo? What is cl!a?

7here is deceit when the act is !erformed with deliberate intent and there is falt when the
wron$fl act reslts from im!rdence, ne$li$ence, lac( of foresi$ht, or lac( of s(ill'
T8iola%ons of R-C – felon&
T8iola%ons of s!ecial !enal law – o3enses

T"iola%ons of ordinance – misdemeanor @minor infrac%on of the law
Q: What are the re9isites of felon&?

=' Act or omission
B' R-C
' 8olntar&
a' Kreedom
b' Intelli$ence
c' Intent
TALL M1#7 6/ -R/#/N7 IN .R0/R 7. INC1R CRIMINAL LIA6ILI74
Q: Is ille$al !ossession of bladed wea!on a felon&?

No' It is not nder the Re"ised -enal Code
AD&' Amrao Lectre +i$hli$hts:

7o be considered as a felony there must be an act or omission8 a mere ima"inaon no ma9er
how wron" does not amount to a felony6
NO!" #$%
CRIMINALLAW Pag1eo
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1f43
7$n act refers to any 5ind of body mo(ement that produces chan"e in the outside world6 0or
eample, if you ha(e in your mind that you will rape this beauful lady, but you did not rape her,
you will not be liable6
7$ctus non facit reum, nisi mens sit rea -an act of a criminal should be coupled by a criminal
mind)
7It does not mean that if an act or omission is punished under the :e(ised &enal Code, a felony is
already commi9ed6 o be considered a felony, it must also be done with dolo or culpa6
7If you do not ha(e freedom, the act is not (oluntary8 the act is not a felony
7hese are ampli!ed in the some pro(isions of the :&C, li5e;

Intelli"ence  art 12  insanity, imbecility, minority
0reedom  art 12  under compulsion of some irresisble force8 fear of "reater injury
Intent  art 12  by mere accident w<out fault or intent to cause harm
7=ista5e of fact is a (alid defense
Q: What are the di3erences between MALA IN #/ and MALA -R.+I6I7A
MALAIN#/ MALA-R.+I6I7A
intent is essen%al intent is not essen%al
$ood faith is a "alid defense $ood faith is not a "alid
defense
honest mista(e of fact is a honest mista(e of fact is not a
defense defense
!nishable nder R-C !nishable nder s!ecial laws
condemned b& societ& in)rios to !blic welfare
act done mst be criminal it is sPcient that the
intent !rohibited act was done
Q: $i"e e<am!les of Mala In se?

R-C – homicide, mrder, !arricide, arson X and so onX
Q: $i"e e<am!les of Mala !rohibita

An% Kencin$ Law
6oncin$ Chec( Law
Ille$al -ossession of Kirearms
An% +man 7raPc(in$ Law
An% +i)ac(in$ Lac(
NO!" #$%
CRIMINALLAW Pag1eo
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Q: #!!ose &or bf is a !olice oPcer, = da& while &o were ha"in$ &or date in Lneta -ar(, &or bf had
to answer the call of natre, so he handed to &o his !istol, while &o were holdin$ it, the oPcers
arrested &o, ma& &o be liable for ille$al !ossession of rearms?
No' 7ransient -ossession not liable
Altho$h I was in !ossession, altho$h I ha"e no license to !osses, #%ll not liable becase I ha"e
no intent, and this is an e<ce!%on to mala !rohibita
Q: #!!ose the !olice oPcers are rnnin$ aer a man, then the man throw his 'F caliber, &o were
arond the corner and &o e<tended &or arms, then the rearm fell on &or hands, ma& &o be liable
for ille$al !ossession?
No' 7ransient !ossession

th
Q: #!!ose I @aD&' Amrao morta$ed m& rearm to &o for > da&s, and on the B> da&, there was a
raid in &or hose, ma& &o be liable for ille$al !ossession?
4es' 7here is anims !ossendi
an act or omission
Act – any physical mo(ement of the bod& @Amrao; any bodily mo(ement
tendin$ to !rodce some e3ect in the e<ternal world @Re&es
Omission – means inacon; the failure to perform a !osi%"e dt& which one is
bond to do; there must be a law re9irin$ the !erformance of an act and
!nishin$ the omission; e$' arbitrar& deten%on; mis!rision of treason
punishabl b! th R"is# $nal Co#

TWhen there is a confict between special penal laws and the Revised Penal
Code, in terms o the applicaon o penales, what to follow?
TWhat is im!ortant is the denion and the classicaon of the act @whether it
is an o+ense or a felony
%pecial &enal Laws Y !enal%es are stated in terms of years, months, days
:e(ised &enal CodeY !enal%es are stated in terms of de"rees, with death as the
hi"hest penalty; classied as indi(isible or di(isible
a' indi"isible Y death and !blic censre

b' di"isible @has  !e riods; what !eriod to a!!l& is de!endent on the
a$$ra"a%n$ and mi%$a%n$ circmstances !resent in the case
$nal%s un#r th R$C &in #scn#in' or#r in trms o( #'r)
0eath or Ca!ital -nishment  indi(isible
NO!" #$%
CRIMINALLAW Pag1eo
:
1f43
Reclsion -er!eta @B>&rs  =da& – F>&rs

Reclsion 7em!oral @=B&rs  =da& – B>&rs
-rision Ma&or @&rs  =da& – =B&rs
-risionCorreccional di(isible
or 0es%erro @mos=da& – &rs
Arresto Ma&or @=mo  =da& – mos
Arresto Menor @=da& – >da&s
Kine
-blic Censre – indi(isible
th acts #on shoul# b voluntar! @Amrao

voluntar!  the concrrence of intelli"ence, reedom, intent @.rte$a
Tall should be presentin order to incr criminal liabilit&
@a intelli"ence – no intelli$ence, no criminal liabilit&; e$' children = &rs

old  below are e<em!t from criminal liabilit& @RA EFF
@b freedom – no freedom, act is not "olntar&, no criminal liabilit&
@c intent – essen%al to a felon&; !rosec%on has to !ro"e intent; "ood
faith is a defense
$rcle 12 of the :&C @/<em!%n$ Circmstances is am!lied b& the im!ortance

of the element of "olntariness:
@a intelli$ence – insanit&2imbecilit& ZArt'=B@=[; minorit& ZArt'=B@B[
@b freedom – nder the com!lsion of some irresis%ble force ZArt'=B@[; fear of
$reater in)r& ZArt'=B@[; failre to !erform an act re9ired b& law when
!re"ented b& some lawfl or ins!erable case ZArt'=B@[
@c intent – b& mere accident w2o falt or intent to case harm ZArt'=B@F[
Alibi – sed in defense sa&in$ that the act or omission was not done at all; intends to
dispro(e the eistence of an act or omission; wea#est deense; can easil& be fabricated;
e$' 8iJconde case – WebbSs alibi Y he ar$ed that he was in the 1# when the crime
ha!!ened, therefore, he cold not ha"e (illed the "ic%ms, claimin$ that he is innocent
$ctus non facit reum, nisi mens sit rea – an act of a criminal shold be co!led b& a
criminal mind
the defense of honest mista#e o act

 the act done b& the accsed wold ha"e cons%tted:
@a a )s%f&in$ circmstance @Art'==, R-C
 in all instances Y no criminal liabilit&; no ci"il liabilit&
NO!" #$%
CRIMINALLAW Pag1eo
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@b an absoltor& case ZArt'BF@B[
@c an in"olntar& act
R*uisits (or honest mista#e o actas a #(ns+

1. that the act done wold ha"e been lawfl had the facts been as the accsed
belie"ed them to be
2. that the inten%on of the accsed in !erformin$ the act shold be lawfl
3. that the mista(e mst be withot falt or ne$ li$ence2carelessness on the !art
of the accsed
Cass on honst mista o( (act+
1$ %& v$ 'h Chon" @landmar( case
 Ah Chon$ (illed friend -ascal thin(in$ he was a thief2ladron
 there was sPcient warnin$ on the !art of accsed; accsed was ac9iDed
2$ %& v$ 'pe"o
 accsed (illed her brotherinlaw in fear of bein$ ra!ed; $ilt& of homicide
($ People v$ )anis
 !olicemen (illed the wron$ !erson w2o warnin$; $ilt& of mrder
*$ People v$ +a!ambao
 accsed (illed his brotherinlaw thin(in$ he was an otlaw
 brotherinlaw acted as if he $oin$ to aDac(; accsed was ac9iDed
Mo%"
 special reasons that impel the accused to act @Amrao
 the mo(in" power which im!els one to ac%on for a denite reslt @Re&es
 not an essen%al element of a felon&
 e"idence of mo%"e is necessary only in case of: @= dobt in the iden%t& of the accsed
@Amrao, @B two con*ic%n$ "ersions of the crime
 mo%"e is established b& the tes%mon& of the witness
 lac( of mo%"e ma& be an aid in showin$ innocence
-iscrnmnt – abilit& of the accsed to determine ri"ht from wron"
/cp%ons to th 'nral rul on malum prohibitum crims &$LA0 RR O R0 OO)
1. Cuenca v$ People
 Cenca was ac9iDed b& the #C from the crime of ille$al !ossession of an nlicensed rearm; it is said
that the #C erred in its decision @Amrao
2. People v$ andicho
NO!" #$%
CRIMINALLAW Pag1eo
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1f43
 con"icted b& the trial cort; decision re"ersed b& the Cort of A!!eals
 the CA held that con"ic%n$ the accsed wold be sacricin$ sbstan%al )s%ce for mere technicalit&
3. People v$ -allare
 case was abot the dela& of the issance of the license
 the accsed con"icted b& the trial cort; decision re"ersed b& the CA
 the CA held that the blame shold be !t on the $o"ernment not on the a!!licant of the license
4. mere transient possession of unlicensed !rearm
 not criminall& liable
 in the crime of ille"al possession of unlicensed !rearm, for an accsed to be criminall& liable, there
shold be animus posidendi or >intent to possess?
$rcle 4
Conce!t of !ro<imate case – in)r& in*icted
Q: What is !ro<imate case?

$ro/imat caus is that case which sets into mo%on other cases and which nbro(en b& an&
ePcient s!er"enin$ case !rodces a felon& withot which sch felon& cold not ha"e reslted
As a $eneral rle, the o3ender is criminall& liable for all the conse9ences of his felonios act,
altho$h not intended, if the felonios act is the !ro<imate case of the felon& or resl%n$
felon&'
A !ro<imate case is not necessaril& the immediate case' 7his ma& be a case which is far and
remote from the conse9ence which sets into mo%on other cases which reslted in
the felon&'
Imm#iat caus – infec%on
Q: What is ePcient inter"enin$ case?

/Pcient Inter"enin$ Case – interr!ted the natral *ow of e"ents leadin$ to oneSs death
8ic%m is nder no obli$a%on to sbmit to medical treatment to redce or mi%$ate the liabilit& of the
accsed'
Q: A, 6, C hold ! a bs, a !assen$er ran awa&, hit b& the car, !assen$er died' Who is liable?
A6C
Q: +old ! in a nearb& $rocer& store, old man sddenl& colla!sed seein$ the commo%on, old man
e"entall& died, who is liable?
NO!" #$%
CRIMINALLAW Pag1eo
<
1f43
Robbers
Immediate case – heart failre
Q: #!!ose AD& Amrao drin$ recit, &o colla!sed, hit the table and massi"e bleedin$, dead on arri"al,
is amrao liable?
No' Recit is not a crime
Q: s!!ose becase of &or wron$ answers, amrao shoted defamator& words, liable?
4es' Amrao commiDed slander
Q: Is it wron$ to lo"e a married !erson?

No' As lon$ as it does not $o be&ond that !oint
Q: #e<al intercorse with a married woman, while doin$ the act, the woman had heart aDac(, will &o
be liable?
4es' 4o commiDed adlter&
Q: Man married, had a se<al intercorse with a sin$le woman, the woman had heart aDac(, died' Will
&o be liable?
No' Concbina$e is not commiDed
Q: If nder a tree in Lneta?

4es' Liable for concbina$e, nder a scandalos manner
Q: both sin$le, man is a teacher, woman is a stdent, liable?

No' 7here is no crime
Q: If the stdent is nder =H &ears old, will &or answer be the same?
No' 7his %me there is a crime' Qalied sedc%on or ra!e b& $ra"e abse of athorit&
Q: What is an im!ossible crime?
Q: 5i"e the case of Intod
Q: 5i"e the elements of im!ossible crime "is\"is facts of Intod
Q: 5i"e the case of -- " Gacinto?
Q: do &o a$ree with the decision?
Q: +ow is the commiDed?
Q: Is it an element that the accsed shold ma(e or actall& !rot?
No
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Q: Ma& a !erson be liable if he did not commit a crime?

4es' Im!ossible crime' 7echnicall& no crime, sb)ec%"el& – there is a crime
Q: What is the !enalt&?

Arresto Ma&or or a ne ran$in$ from B>> to >>
T1rbano case
Q: what is the ne$li$ence commiDed b& Ga"ier?
Causs 6hich ma! pro#uc a rsult #i7rnt (rom that 6hich th o7n#r intn##, as contmplat#
in Art. 4 &1)
1. there is a mista#e in the ident! of the "ic%m

 also (nown as error in personae; or napa"5amalan
 not a defense in a criminal case; not e"en a mi%$a%n$ circmstance
2. there is a mista#e in the blow
 also (nown as aberraon ictus
 not a defense in a criminal case; not e"en a mi%$a%n$ circmstance
3. the in.urious result is "reater than that intended
 also (nown as praeter intenonem
Ar%cle F@= contem!lates that there should be a elon! bein" commi/ed

 em!hasis is not on the mere wron"ful act; it should constute a elon!
 e$' the act of commi@n" suicide results to others bein" injured Y punishable under $rt64-1) becase
altho$h not intended, the in)r& was cased b& means of culpa, which can cons%tte a felon&
Ar%cle F@= does not apply if the act commiDed cons%ttes a crime punishable by special law
 Concubina"e  instances
 a hsband brin$in$ home a woman, that is not his wife, to the con)$al dwellin$
 ha"in$ se<al intercorse nder scandalos circmstances
 cohabita%on; li"in$ in a se!arate home as hsband and wife
$ro/imat Caus
 there is a chain of cases from an ori$inal act that reslts to an in)r&
 if the result can be traced bac5 to the ori"inal act, then the doer of the ori$inal act can be held liable
8cint Intr"nin' Caus– interrupted the natural Aow of e"ents leadin$ to oneSs death
Q: What is im!ossible crime? What is the reason for !nishin$?

#!!ress criminal !ro!ensit&
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Q: #!!ose son for$ed si$natre of his father in a chec(, the de!osited the chec(, bt was dishonored, is
this im!ossible crime?
No' Kalsica%on of commercial docment' Kor$er& is a crime a$ainst !blic interest
5i"e the elements of for$er&
Q: 4or room mate ((nin &n$ )ewelr& na nasa cabinet na na(aloc(, ta!os wala !ala &n$ )ewelr& dn
sa cabinet, im!ossible crime?
No' 7he of (e& n$ taman$ sa$ot
Twoman lan$ an$ !wede for forcible abdc%on
Instancs 6hn thr is a pro/imat caus an# 6hn thr is non
When there is an intervenin" disease and the disease is:
&a) closel! related to the wond@s Y accsed is criminally liable
&b) unrelated to the wond@s Y accsed is not criminally liable,

becase the disease not associated with the wond@s, e$' brain
tmor
&c) a combined orce with the wond@s Y accsed is criminally liable,

becase the mortal wound is a contribun" factor to
the (icmBs death
A mortal wound is a contribun" actorwhen:

i' the wounds is2are su*cient to cause (icmBs deathalon$ with the disease
ii' the mortal wound was cased b& ac%ons commi9ed by the accused
2. When the death was cased b& an inecon o the wound de to the uns#illed medical treatment
from the doctors:
@a if the wound is mortal Y accsed is criminally liable, becase the uns5illed treatment
 infecon are not e*cient inter(enin" causes
mortal wound ] uns5illed medical treatment onl& Y accsed is criminally liable becase
the mortal wound naturally led to the death of the "ic%m
@b if the wound is sli"ht Y accsed is not criminally liable, becase the uns5illed
treatment  infecon are e*cient inter(enin" causes
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In %rbano v$ 'C, the wound cased b& accsed 1rbano was alread & treated and was in the normal
process of healin" which is in a!!ro<imatel& Fwee(s; bt becase deceased Ga"ier did not wait for the
wond to heal and s%ll wor(ed b& shin$, his wond $ot infected with tetans which cased his death'
7he ac%ons of the deceased when he sll wor5ed without wain" for his wound to heal was an e*cient
inter(enin" cause, ths the accsed is not liable for his death an&more'
Q: What is the purpose for !nishin$ an im!ossible crime?

7he purpose of !nishin$ an im!ossible crime is to pre(ent or suppress the criminal tendency of
the accsed

-ersons fond $ilt& of im!ossible crimes are sentenced to arrestor ma&or @=mo'=da& to mos'
!rsant to Ar%cle E of the Re"ised -enal Code
 bjec(ely, there is no crime

%ubjec(ely, the crime is present
 %hould there be a crime commiDed, in order to be held liable for an im!ossible crime? 34&; the acts
should constute a crime a"ainst persons or propert!
R*uisits (or an impossibl crim un#r Ar%cl 4&2)

1. that the act !erformed wold be an o+ense a"ainst persons or property
2. that the act was done with e(il intent
3. that its accomplishment is inherently impossible or that the means employed is either
inadeDuate or ine+ectual
4. that the act !erformed should not constute a (iolaon of another pro(ision of the Re"ised
-enal Code
 Rape sed to be a crime a$ainst chas%t&; bt becase of RA H, ra!e was reclassi!ed as a crime
a"ainst persons, therefore, one can now be held liable for the im!ossible crime of ra!e
In People v$ ntod, the Court erred in its decision of considerin$ the acts of the accsed as an im!ossible
crime nder Art'F@B of the R-C becase the 4th element<reDuisite was not sas!ed ' 7he acts of the
accused of shoo%n$ at the hose and dama$in$ the same, can constute as malicious mischief , which is
a crime a"ainst property' 7herefore, the accsed shold ha"e been char$ed with the laDer instead of
ndin$ them $ilt& onl& of the im!ossible crime of mrder'
Jul! *, 2011
Q: Who incrs criminal liabilit&?
Q: What is a !ro<imate case?
Q: if there is a crime intended and a crime commiDed is di3erent, what is the e<tent of criminal liabilit&?
7he lesser !enalt& will be im!osed'
If the crime intended has a lesser !enalt&, then that will be char$ed
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If the crime commiDed has a lesser !enalt&, then that will be char$ed
Q: #!!ose &o will rob a )ee!ne&, becase of fear, the !assen$er )m!ed of and died, will be liable?
4es' 6ecase I am commi^n$ a felon&, and I am liable for its e3ects'
Q: #!!ose Amrao drin$ &or recit, !ointed a $n at &o becase of &or wron$ answers, then &o
colla!sed and died' is amrao liable?
4es' 7here is $ra"e threat
Q: #!!ose the $n was a to& $n, liable?

4es, s%ll liable' 7here is s%ll threat
Q: #!!ose becase of &or low $rade in criminal law re"iew, &o brea( ! with &or bo&friend bein$ so
sad, &or bf colla!sed and died, liable?
No' 6rea(in$ ! is not a felon&
Q: #!!ose while &o and &or bo&friend is doin$ the act itself @do I need to elaborate_alam mo na
&an, &or bf colla!sed and died, will &o be liable?
No' 7he act of ha"in$ se< is not a felon&'
Q: e"en if &o are not married to each other?

4es sir
Q: s!!ose &or bf is married, are &o liable?

4es' Concbina$e
Q: #!!ose man had se<al intercorse with married woman, bt the woman consented, crime?
Adlter&
$rcle 
Ar%cl 5&1) R*uirmnts+

1. the act commi9ed by the accused a!!ears to be not punishable by law
2. bt the court deems it proper to repress such act
3. in that case, the court must render the proper decision by dismissin" the case and acDui@n"
the accused
4. the jud"e must then ma5e a report to the Chief /<ec%"e thro$h the #ecretar& of Gs%ce
sta%n$ the reasons which indce him to belie"e that the said act should be made the subject of
penal le"islaon
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asis (or Ar%cl 5&1)+

>Eullem crimen, nulla poena sine le"e6? 7here is no crime if there is no law that !nishes the act
5h! dismiss6 In the absence of a law that will !nish the accsed, the )d$e cannot im!ose a !enalt&
becase the duty of the jud"e is only to interpret or apply the law8 the jud"e cannot reprimand or curse
the accused because it would eDuate to public censure8 the reprimand would be inconsistent with the
acDui9al
Ar%cl 5&2) 9 4cessive Penales
Q: What are the re9irements?
1. the court aFer trial !nds the accused "uilty

2. the penalty pro(ided by law and which the cort im!oses for the crime commiDed appears to
be clearly ecessi(ebecase:
@a the accused acted with lesser de"ree of malice and2or
@b there is no injury or the injury caused is of lesser "ra(ity
3. the court should not suspend the eecuon of the sentence
4. the jud"e should submit a statement to the Chief #ecu(e thro$h the #ecretar& of Gs%ce,
recommendin" eecu(e clemency
 7he &resident has the power to "rant eecu(e clemency, thro$h !ardon, !arole, commta%on
@redc%on of sentence, re!rie"e or amnest&
 Ar%cl 5&2) ma! not be invo#ed in cases in(ol(in" acts mala prohibita becase said ar%cle onl!
applies to acts mala in se becase the rlin$ is based on the !hrase in the !ro"ision, ta#es into
consideraon the de"ree o malice
$rcle G
Q: What are the sta$es in the commission of a felon&?

Consummated – a felon& is consummated when all the elements necessar& for its e<ec%on and
accom!lishment are !resent
8rustrated  it is rustrated when the o3ender !erforms all the acts for e<ec%on which wold
!rodce the felon& as a conse9ence bt, ne"ertheless, do not !rodce it b& reason of cases
inde!endent of the will of the !er!etrator
'/empted – there is an a/empt when the o3ender commences the commission of the felon&
directl& b& o"ert acts and does not !erform all the acts for e<ec%on which shold !rodce the
felon& b& reason of some case or accident other than his own s!ontaneos desistance
NO+ A"ailabl onl! in R$C.
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Q: 5i"e e<am!le of each @consmmated, frstrated, aDem!ted
Q: What are the !hases?

0ub:c%" phas – from the %me the o3ender commences the commission ! to the
performance of the last act where he sll has control; an a/empted elon! is commiDed within
the sb)ec%"e !hase and does not $o be&ond this !hase
Ob:c%" phas – frstrated and consmmated felonies are within the ob)ec%"e !hase
@a frustrated – the felon& is com!lete bt s%ll is s%ll not !rodced as far as the o3ender is
concerned
@b consummated – when all the elements nder the Re"ised -enal Code are !resent
R4-4-+4R9 in 'rson
&a) consummated Y so lon$ as a !art of the bildin$ is brned, no maDer how small
&b) frustrated Y if onl& the contents of the bildin$ @e$' chairs and tables are brned
&c) a9empted Y contents ha"enSt been brned
TIntent is alwa&s established' ahit !a a!!rehended at the %me ot in the act of brin$in$2$e^n$
$asoline – aDem!ted !a din
TIndeterminate sta$e – intent is not &et established
Q: #!!ose bilt in cabinets, brned the clothes in the cabinet, incldin$ the cabinet?
Consmmated arson, deemed !art of the bld$

Q: #!!osin$, the accsed brou'ht 'asolininto a bildin$, 6ith th intnt to burn the bildin$, bt
was apprhn## b& the secrit& $ard; did the crime of arson commence?
0, ths the accsed is liable for a;mpt# arson, becase the brin'in' o( 'asolin was
alread& an o"ert act while the apprhnsion was the reason other than his own s!ontaneos desistance'
Q: #!!osin$, sin$ the same set of facts abo"e, bt 6ithout th intnt to burn the bildin$, is there
criminal liabilit&?
NO, in fact there is no crim, becase the acts were onl& in an in#trminat sta''
Q: #!!ose the white board was brned?

White board not an inte$ral !art
Q: when is the crime in the aDem!ted sta$e?
 In#trminat 0ta'– we do not (now what crime is in the mind o the o:ender ; the crime has not
&et been determined; there are s%ll two !ossibili%es when the accsed was ca$ht
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 Accordin$ to -rof' Amrao, when a !erson is accsed of commi^n$ a felon&,we ha(e to !rst establish
the crime in the mind of the o+ender to establish the commencementof the commission of the felony;
otherwise, the sita%on when he was ca$ht wold be in an indeterminate sta"e, wherein the crime
that the accused intended to do could not be determined
;he<=Robber!
 both these crimes are commi/ed b! ta#in" the !ersonal !ro!ert& of another and, with the
intent to "ain
 the di:erence is that in robber!, there is the use o orce or violence

 so lon$ as the act stated in the RPC is done, the crime is consummated
 it does not maDer how lon$ the !ro!ert& was in the !ossession of the accsed; it does not
maDer whether the !ro!ert& was dis!osed or not; what maDers is whether or not there was
>asportacion? Y unlawful ta5in"
 momentar! possession consummates the crime of the or robber&
 returnin" the item to the owner is immaterial; has no e:ect to the crime
 upon consummaon of the crime, criminal liabilit! automacally a9aches
Q: &o are wal(in$ in recto, cell!hone was snatched, bt it was retrn to &o' What sta$e?
Consmmated
Q: s!!ose in a !ri"ate sbdi"ision, with intent to commit robber&, &o are %n(erin$ with the loc( of a
$ate, the secrit& $ard a!!rehended &o' Liable?
4es' ADem!ted robber&
Q: s!!ose &o intent to commit robber&, then &o !lace a ladder at the wall of the hose, when &o
!lace the ladder, &o were a!!rehended' Liable?
4es' ADem!ted robber&
Q: if no intent?
Not liable
Q: accsed tr&in$ to o!en &or car, !roblem is silent with the intent, ma& &o be liable for aDem!ted
the?
No'
.!enin$ the door of the car – onl& indeterminate sta$e
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Q: #!!osin$, the accsed was %nrin' 6ith th loc of the $ate of a nei$hborSs hose, 6ithout th
intnt to commit a (lon!; is he liable for an&thin$?
NO, becase the sita%on was in an indeterminate sta$e wherein it cold not be determined
what the accsed intended to do
Q: #!!osin$, the accsed :ump# o"r th (nc into another !ersonSs hose 6ithout th intnt to
commit robber&, is he liable for aDem!ted robber&?
NO, bt he is liable for the crim o( trspassin'
T#ame with arson, when a !erson is accsed of commi^n$ a felon&, we ha(e to !rst establish
the crime in the mind of the o+ender to establish the commencement of the commission of the
felony; otherwise, the sita%on when he was ca$ht wold be in an indeterminate sta"e,
wherein the crime that the accused intended to do could not be determined
 In People v$ amahan", the accsed was able to o!en one board of the door to !ri"ate res!ondent 7an
4Ss store, when the !olice ca$ht him' 7he #C rled that the accsed is not liable for a9empted
robbery becase the intent to rob an HuBs store was not established, ths when accsed was ca$ht, it
was in an indeterminate sta$e' 6t the Cort held him liable for a9empted trespass to dwellin"
 In People v$ &alvilla, the accsed were held liable for the crime of robbery with serious ille"al detenon
and serious physical injuries, and not frustrated robbery , e"en without physical ta5in" or possession of
the mone& the& dema nded because the money was within the dominion, which the accused had
control o(er and it was where the crime was bein$ commiDed' 0rin$ whole %me when ne"oaons
went on between the accsed and the !olice, the crime of robbery was deemed consummated
Q: s!!ose hold ! in a $rocer& store, hold !!ers as(ed the cashier to !lace the mone& inside a ba$, no
one hold the mone&' Is the crime consmmated?

4es' 7here is constrc%"e control
<ul! 5, 2=11
Crimes involvin" the ta#in" o human lie= Crimes a"ainst persons

 these crimes are commi/ed b! #illin" a person -=&I):
i. Mrder – (illin$ a !erson with aDendin$ or a$$ra"a%n$ circmstances
ii. >omicide – (illin$ a !erson withot aDendin$ circmstances
iii. $arricide – (illin$ a rela%"e, i'e' s!ose, !arent, child, siblin$, etc'
i". Infan%cide – (illin$ a child less than three @ da&s old
 e"en without intent, the moment the (icm dies, intent is presumed b& o!era%on of law and
the crime is consummated
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 if the (icm doesnBt die bt the wound inAicted is mortal , it is rustrated
 if the there is no intent to 5ill, bt the wound inAicted is mortal or fatal, the crime is not either
=&I bt serious physical injuries
Mortal – when the wond in*icted can cause the death o the vicm; when death will follow
 for rustrated  a/empted cases, it is important to determine intent to 5ill
Q: #!!osin$, in a car accident, the accsed hits a !erson causin' mortal 6oun#s, bt the "ic%m #os
not #i, is the dri"eraccsed liable for frstrated homicide?
NO, he is onl& liable for srious ph!sical in:uris
Ruls on crims a'ainst prsons &M>$I) an# th sta's o( /cu%on
=' vicm dies, with or without the intenon to 5ill , intent is conclusi(ely presumed b& o!era%on
of law, the crime isconsummated -@P
B' "ic%m does not die, with the intent to (ill, mortal wounds were in*icted, the crime is
rustrated -@P
' "ic%m does not die, with the intent to (ill, nonJmortal wounds were in*icted, the crime is
a/empted -@P
F' "ic%m does not die becase there was only an o(ert act and no wound was in*icted, bt there
was intent to (ill, the crime is a/empted -@P
' "ic%m does not die, without the intent to (ill, mortal wounds were in*icted, the crime is
serious ph!sical in.uries
' "ic%m does not die, without the intent to (ill, nonJmortal wounds were in*icted, the crime is
less serious or sli"ht ph!sical in.uries
Illustra%on+
-ath Intnt ?ra"it! o( th 6oun# Crim
&1) 4/# !resmed of corse mortalU Consmmated M+-I
&2) N. 4/# mortal wonds Krstrated M+-I
&3)
N. 4/# nonmortal wonds ADem!ted M+-I
&4) N. 4/# o"ert act onl&, no wond ADem!ted M+-I
NO!" #$%
CRIMINALLAW Pag+eo
<
1f43
&5) N. N. mortal wonds #erios !h&sical in)ries
&@) N. N. nonmortal wonds Less serios2#li$ht !h&sical in)ries
In People v$ ;rinidad, the trial cort held the accsed criminall& liable of two conts of mrder @for (illin$
#oriano and Laroa and frstrated mrder @for shoo%n$ at 7an' 7he #C modied the decision b& rlin$
that the accsed was liable for two conts of mrder and a9empted murder, not frustrated,becase the
wound in*icted on 7an was not mortal or fatal
In People v$ im &an , the trial cort held the accsed criminall& liable of aDem!ted mrder for stabbin$
en$ in in the le e&e' 7he #C modied the decisio n b& rlin$ that the accused should be liable of
frustrated murder because not only was it established that there was intent to 5ill, but also the wound
inAicted was mortal' It )st so ha!!ened that the "ic%m did not die becase of the !rom!t and ePcient
medical assistance $i"en to the "ic%m' 7he treatment was the case inde!endent of the will of the
accsed'
In -ondra"on v$ People, the #C held that the accsed was onl& "uilty of less serious physical injuries
becase when the accsed and the "ic%m were hac(in$ each other with their bolos, there was no intent
to 5ill on neither !art&; and also becase the "ic%m did not die since the wonds were not mortal
R'P4
 the crime of rape is consummated b& mere penetraon of the male or$an, no ma/er how sli"ht
K/ %upposin", the !enetra%on was onl& B millimeters dee!, consmmated?

34&, no maDer how sli$ht the !enetra%on is, it is s%ll consmmated
K/ %upposin", the ra!e was consmmated becase there was !enetra%on, bt accordin$ to the medical
e<amina%on, the "ic%m was s%ll a "ir$in, can the accsed s%ll be held liable for consmmated ra!e?
34&, as lon" as there is penetraon, the rape is consummated'
In People v$ )rita, the medical e<aminer tes%ed that the "ic%m was s%ll a "ir$in therefore the ra!e ma&
not ha"e been consmmated' 6t the #C rled that the tesmony of the (icm herself should be "i(en
"reater wei"ht because she herself can feel whether or not there was penetraon'
Instances of a/empted rape:

 when the s5irt of the (icm has been liFed, no maDer what !osi%on
 when the accused mounted on the body of the "ic%m
 when there is epidermal touchin" of the $enital or$ans of the accsed and the "ic%m
7he di:erence between a/empted rape and acts o lasciviousness is that with the former, there is
carnal #nowled"e or the intent to have seual intercourseis established
NO!" #$%
CRIMINALLAW Pag3eo
,
1f43
;here is no such thin" as rustrated rape ; the onl& e<ce!%on was when the #C rled in -eo!le "' /ri`a
that the accsed was $ilt& of frstrated ra!e' 7hereaer, no one has since been held $ilt& of frstrated
ra!e'
4&;'8'
 the elements for the crime of estafa are 1 deceit, and 2 dama"e
 withot one of the two elements, estafa wold not be consmmated
In %& v$ Aomin"ueB, the #C rle d that the acc sed was "uilty of frustrated estafa becase before
accsed cold case dama$e b& dis!osin$ of the mone& that he deceill& too(, he was a!!rehended b&
their storeSs s!er"isor, which was the case inde!endent of the will of the accsed'
);@4R &;'C4& 8)R @)-CA4 'A );@4R CR-4&

K/ %upposin", with intent to #ill, the accsed pulls out a "un then points it at someone, what crime is
the accsed liable for?
'/empted homicide
K/ %upposin", with intent to #ill, the accsed res a "un at someone but misses, what crime is the
accsed liable for? '/empted homicide
K/ %upposin", sin$ the same set of facts, bt without the intent to #ill , what crime is the accsed
liable for?
 for pullin" out the "un and poinn" it Y "rave threat
 for rin" the "un Y ille"al dischar"e o rearm @obsolete; mst be deleted
K/ %upposin", with intent to #ill, the accsed res a "un at someone , then accused lea(es thin5in" that
the (icm is already dead ' 7he accsed did not (now that he missed becase the (icm played dead '
What crime is the accsed liable for? '/empted homicide, aDem!ted becase there was no wond, bt
there was s%ll intent to (ill' What is im!ortant is that there was no wound
K/ %upposin", with intent to #ill, the accsed res a "un at someone , then accused lea(es thin5in" that
the (icm is already dead ' 7he vicm is hit but it is not atal or mortal ' What crime is the accsed liable
for? #%ll '/empted homicide, becase what is im!ortant is the etent or "ravit! o the wound ' People
v$ )rina"a
Q: s!!ose a sales lad& in the de!artment store, !lace the )ewelr& inside her ba$, bt the )ewelr& was
reco"ered b& the secrit& $ard, crime?
Consmmated 9alied the
Q: will reco"er& a3ect the sta$e of the commission?

No
Q: #!!ose the sales lad&, "olntaril& retrned, crime?
NO!" #$%
CRIMINALLAW Pag3eo
1
1f43
#%ll 9alied the'

7a(in$ consmmates the crime
Q: s!!ose the sales lad&, sold the )ewelr& and sed the mone&, crime?
/stafa
Q: s!!ose the sales lad&, sold the )ewelr& and retrned the mone& at !m?
Krstrated /stafa
Q: s!!ose B crew members disco"ered the !resence of a stow awa& and the& want to eliminate the
stow awa&, so the& decided throw the stow awa& in the sea, where there is shar! ob)ect, bt aer &o
lea"e, a shin$ "essel was there to hel! the stow awa&, there was no wond, crime?
Krstrated mrder
INN O ILL
Q:  armarlite shots nei$hbor bt did not hit?

ADem!ted
Q: dis%n$ish from ille$al dischar$e of rearm

No intent to (ill
Q: dis%n$ish from $ra"e threat?

7here is intent to (ill
Q: s!!ose there are EE wonds, bt none was mortal?

ADem!ted
Q: what is an o"ert act?

#omethin$ &o see, feel, toch @do not relate to criminal o3ense at rst
$rcle 
Q: What are li$ht felonies?

i"ht elonies are inracons o law which ha"e the !nishment of arresto menor or a ne not
e<ceedin$ B>> !esos
 ?nral Rul+ Li"ht felonies are punishable onl& when the& ha"e been consummated
Rason+ in"ol"es insi"ni!cant moral and material injuries; if not consummated, the wron$ done is so
sli$ht that a penalty is unnecessary
 /cp%on+ Li"ht felonies commiDed a"ainst persons or property are !nishable e"en if in the
a9empted or frustrated sta$e
Rason+ !res!!oses moral depra(ity
NO!" #$%
CRIMINALLAW Pag3eo
+
1f43
 Kor li"ht elonies, the onl& ones who can be held liable are the principals and accomplices'
 Kor "rave or less "rave elonies, those who can be held liable are principals, accomplices and e"en
accessories, becase the de"ree of the penalty to be im!osed de!ends on ( actors:
&1) sta$es of e<ec%on
&2) the de$ree of !ar%ci!a%on
&3) the !resence of aDendin$ circmstances
Q: When !nishable?
.nl& when consmmated
Q: Is this absolte?
No' If a$ainst !ersons or !ro!ert&
Q: ReasonX'
Q: Who shall be criminall& liable?

-rinci!als
Accom!lices
N.7 ACC/##.RI/#
T-enalt& for accom!lices  one de$ree lower @censre

T-enalt& for accessories – two de$rees lower @WALA NAN5 L.W/ -A' A4A N5A +IN0I LIA6L/
AN5 ACC/##.RI/#
Q: Who is a !rinci!al? An Accom!lices? An Accessories?
$rcle M
Q: what is cons!irac&?
 Conspiracy e<ists when two or more !ersons come to an a"reement concernin$ the
commission of a felon& and#ci# to commit it
 &roposal e<ists when the !erson who has decided to commit a felon& !ro!oses its e<ec%on to
some other !erson or !ersons
?nral rul+ Conspiracy and proposal to commit a felon& are not punishable
Rason+ becase the& are mere preparatory acts @Re&es
/cp%on+ Cons!irac& and !ro!osal are punishable only in the cases in which the law specially
pro(ides a penalty thereof
NO!" #$%
CRIMINALLAW Pag3eo
3
1f43
Q: $i"e an e<am!le of cons!irac&  !ro!osal
Q: the e3ects of cons!irac&

7here will be collec%"e res!onsibilit&
Q: e3ect of nonestablishment of cons!irac&?

Accsed will be liable onl& to the e<tent of !ar%ci!a%on
Q: if established?
Collec%"e res!onsibilit& – act of one, act of all
Q: de$ree of e"idence needed to !ro"e cons!irac&?

N.7 be&ond reasonable dobt
#Pcient that the act is closel& related to the crime2felon& intended to commit
Q: is it necessar& that each !ar%ci!ate?

No' 7he& mst ha"e common criminal desi$n
Q: what do &o mean b& common criminal desi$n?
Q: what is im!lied cons!irac&?
Q: from what factors ma& &o im!l& cons!irac&?

Acts and words before and aer the commission of the felon&
Q: is it eno$h that there is an a$reement to commit felon&?
No' the& mst e<ecte the o"ert act
Q: how wold &o (now if commnit& of !r!ose e<ists?

Krom the acts and remar(s of the accsed
7here mst be nit& of criminal tho$h
6/K.R/, 01RIN5, AK7/R  acts of each of the accsed ma& be se!arate, inde!endent of each
other bt mst show close !ersonal associa%on; closel& related to each other, there is coordina%on'
Q: A 6 C 0 / @robbers a$reed and decided to commit ban( robber&' A sta&ed in the $etawa& car =>>
meters from the ban(; 6 loo(ot C disarm the secrit& $ard 0  / commit robber&' / shot to death the
ban( mana$er' Will A be liable for the death?
4/#' 7here is cons!irac&' Act of =, act of all
Q: =, B, , F,  met in safe hose discssed, a$reed and decided to commit robber&' When the& were
abot to rob the ban(, the& saw the !olice arond the ban(' Liable?
No' Mere cons!irac& not !nishable
Q:  members of arm& decided to commit co! d etat, met in safe hose to discss !lan, liable?
NO!" #$%
CRIMINALLAW Pag3eo
4
1f43
4es' Cons!irac& to commit co! d etat is !nishable
Q: dis%n$ish cons!irac& as a felon& and as manner of incrrin$ criminal liabilit&'

K/L.N4 – R-C !nishes mere cons!irac&
LIA6ILI74 – 7here mst be o"er act
Q: =, B, , F, , a$reed to commit a felon& when abot to meet the ne<t mornin$'  did not arri"e for
emer$enc& !r!oses' =, B, , F commit the felon& and was ca$ht' Is nmber  liable?
No' +e is not a cons!irator'
A cons!irator mst a$ree, decide and e<ecte the o"er act
 was not !resent

Q: s!!ose  dro"e for =, B, , F bt went home earl&' Liable?
4es' 0ri"in$ alread& an o"ert act
Q: s!!ose  was not the dri"er, bt he was si^$ in front of the "an, then aer ali$h%n$ went home,
liable?
No' 7here is no o"ert act @!asahero lan$ si&a sa "an
T5eneral Rle – if not !resent in the scene of the crime – N. liabilit&

T/<ce!%ons – !resence is to !ro"ide for moral s!!ort or to ensre commission of the felon&
Cass o( conspirac! punishabl b! la6

@i Ar%cle == of the R-C – Cons!irac& to commit treason
@ii Ar%cle = – Cons!irac& to commit co! dSetat, rebellion or insrrec%on
@iii Ar%cle =F= – Cons!irac& to commit sedi%on
@i" Ar%cle =H – Mono!olies and combina%ons in restraint of trade
@" Cons!irac& to commit terrorism  nder the +man #ecrit& Act @RAEB
@"i Cons!irac& to commit crimes nder the Com!rehensi"e 0an$eros 0r$s Act @RA E=
Cass o( proposal punishabl b! la6

@i -ro!osal to commit treason
@ii -ro!osal to commit co! dSetat, rebellion or insrrec%on
 there is no crime of proposal to commit sedion
Q: What is the le"al e:ect of the !resence of cons!irac&?

 the act of one is the act of all , meanin$ e"er&one who !ar%ci!ated is eDually liable; there is
collec(e responsibility
NO!" #$%
CRIMINALLAW Pag3eo
9
1f43
 Kor conspiracy, ta(e note of the word a"reement

 A'rmnt ma& be oral or wri9en, epress or implied
 It is the burden of the prosecuon to pro(e the eistence of conspiracy thro$h circumstanal e(idence
nless there is a confession or wri9en a"reement, which is seldom becase criminals will sall& den&
their !ar%ci!a%on or the commission of the crime
Q: What is mplied Conspirac!?

 Impli# conspirac!can be inerred rom the acts of the !er!etrators2accsed before, drin$ or
aer the commission of the crime
Q: +ow abot the se of words, remar#s or lan"ua"e of the !er!etrators, can cons!irac& s%ll be
ascertained or established? 34&
Q: Ma& there be cons!irac& when the perpetrators perorm separate, disnct and independent acts in
the commission of a crime? 34&
Q:Ma& there be cons!irac& e"en if other conspirators do not #now who the other conspirators are? 34&
In People v$ -anlolo, it was held that there was implied conspirac! on the !art of the accsed becase
the& were acn" in concert, one performin" an act, the other doin" another act, all aimed at the same
object
Rul on #trminin' 6hthr thr is conspirac!

 based on the @= acts done before, durin" or aFerthe commission of the crime, or, based on
the @B words, remar#s or lan"ua"e sed before, durin" or aFer the commission of the crime, it
is necessar! to determine aer these acts were done whether the conspirators had the
followin":
1. concerted ac%on 3. commnit& of !r!ose
2. common criminal desi$n 4. )oint criminal ob)ec%"e
 all of which are "eared towards the a/ainment o the elon! or crime
0u''st# cass (or conspirac! on this rul

 -eo!le "' #alcedo; -eo!le "' 6riones; Medi)a, Gr' "' #andi$anba&an
Q: #!!osin$, onl! minor acts were done, will the actor s%ll be liable? 0
Q: #!!osin$, there was no conspirac!, what will ha!!en? 7he !er!etrators of the crime will be
in#i"i#uall! liabl de!endin$ the /tnt o( th #'r o( ach ons par%cipa%on
In $opl ". A'apina!, the #C rled that there was no cons!irac& in commission of the mrder becase
the inci dent was onl& a spur o( th momnt or in this case, a  chanc stabbin'B , which cannot be
considered cons!irac&, ths the& were held indi"idall& liable, some as !rinci!als and some as
accom!lices onl&
NO!" #$%
CRIMINALLAW Pag3eo
:
1f43
Q: #!!osin$, there was onl! mr prsncof a !erson when the crime was bein$ commiDed, will he
be liable?
NO, that !erson not !ar%ci!a%n$ shall not be liable becase he #i# not pr(orm an! o"rt act;
there shold be an o"ert act to establish the !ar%ci!a%on and liabilit& of a !erson
Q: #!!osin$, the !ersonSs !resence when the crime was bein$ commiDe d was to !ro"ide was to
pro"i# moral support, or to prsua# th par%cipants (rom pr(ormin' th acts cons%t%n$ the
crime, will he be liable?
0, in both cases the !erson shall be held criminall& liable

In order to hold someone criminall& liable, in a##i%on to mr prsnc, there shold be o"rt acts that
ar closl!rlat# an# coor#inat# to establish the !r esence of common criminal desi$n and
commnit& of !r!ose in the commission of the crime'
In $opl ". aaca, the #C rled to ac9it Re$alado becase there was no e"idence to !ro"e that
Re$alado assisted his brother +erminio in the (illin$ of Alfredo 5abat; there was no !roof to show that
Re$aladoSs !resence was accom!anied b& o"ert acts for the commission of the crime and that there was
no !roof of cons!irac& between the 7aaca brothers'
In $opl ". - La CruD, the #C also rled that the mere !resence of the 5alawe&s were not eno$h to
!ro"e that the& cons!ired to the commission of the crime des!ite the fact 5alawe& had a $rd$e a$ainst
one of the "ic%ms; his !ar%ci!a%on in a cons!irac& cannot be assmed es!eciall& when no acts b& the
5alawe&s !ro"ed to be connected with the crime'
In $opl ". Manro, howe"er, the #C rled that e"en tho$h the accseda!!ellants were not !resent
in the actal commission of the crimes, it was established that the& met in an eater& and cons!ired to
li9idate commnist s&m!athiJers; therefore the& were s%ll held criminall& liable'
Q: #!!osin$, one !erson #sist# (rom par%cipa%n' in th actual crim and instead #ci## to sta!
insi# th 'ta6a! carto wait for the others, is he liable?
0, he is s%ll liable des!ite desistance to !ar%ci!ate in the actal crime becase he can s%ll
assist the others with the esca!e sin$ the $etawa& car
Q: #!!osin$, while commi^n$ the crime of robber&, an addi%onal crime was commiDed that was not
!art of the ori$inal !lan, e$' homicide; can all the !ar%ci!ants be con"icted of the crime of robber& with
homicide, e"en tho$h some of them !erformed "er& minor acts @i'e' loo(ots or dri"ers, etc?
0, the& can all be held liable for that same crime, becase it is not r*uir# that all th
par%cipants pr(orm ach an# "r! #tail in th commission o( th crim ; as lon$ as the acts
!erformed are closel& coordinated and that the& ha"e the same criminal !r!ose'
Q: mereNo
!resence will one be a cocons!irator?
NO!" #$%
CRIMINALLAW Pag3eo
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1f43
Q: !resence to $i"e moral s!!ort?

Liable
Acts before se!arate and dis%nct concerted ac%on
Im!lied cons!irac& drin$ closeness associa%on, common criminal desi$n

Coordina%on, !ersonal
words, aer associa%on with each other commnit& of crimes
remar(s
)oint criminal ob)ec%"e
$rcle N
Q: +ow do &o classif& felonies?

Accordin$ to -enalt&
1. ?ra" lonis – those that t he law aDaches the ca!ital !nishment or !enal%es that are
aic%"e based on Ar%cle B of the R-C
2. Lss ?ra" lonis– those that the law !nishes with !enal%es whose ma<imm !eriods are
correc%onal
3. Li'ht (lonis – infrac%ons of law that are !nishable b& arresto menor or nes
 Illustra%on+
0eath
'ra(e felonies Reclsion -er!eta aOic(e penales
Reclsion 7em!oral
-rision Ma&or
-rision Correccional
Less "ra(e felonies Arresto Ma&or correconal penales
#s!ension
0es%erro
Arresto Menor
NO!" #$%
CRIMINALLAW Pag3eo
;
1f43
Li"ht felonies Kines li"ht penales
-blic Censre
 7he classica%on in Ar%cle B of the R-C assmes si$nicance on Ar%cle E= of the R-C on -rescri!%on:
&i) $rscrip%on o( a crim – refers to the e<!ira%on of a c ertain !eriod, aer which a !erson cannot be
!rosected for the crime an&more; contem!lates that there has been no )d$ment of con"ic%on &et
&ii) $rscrip%on o( pnalt! – refers to the e<!ira%on of a !eriod of %me aer which the !enalt& im!osed
b& the corts cannot be enforced an&more; contem!lates that there has been a nal )d$ment b& the
corts
Q: 0oes classica%on a!!lies to s!ecial laws?

No
$rcle 1.
 !ro"isions of the Re"ised -enal Code shall not be a!!lied with of "iola%ons of s!ecial laws, but
if a s!ecial law is silent in terms of a !enalt& for e<am!le, the absence shall be pro(ided by the
:e(ised &enal Code'
 6t $enerall&:
 for (iolaons of the :&C Y what law $o"erns? the :e(ised &enal Code
 for (iolaons of special law Y what law $o"erns? %pecial penal laws
/ampls o( pro"isions in th R$C that ha" suppltor! applica%on pursuant to Ar%cl 1= o( th R$C
1. Ar%cl 1== – Ci(il Liability; there are two sides of crime, the criminal liabilit& and the ci"il liabilit&, the
former im!oses the !enalt& !rescribed for the crime, the laDer is for the !a&ment of dama$es
2. Ar%cl 22 – :etroac(e $pplicaon; the law becomes fa"orable to the accsed as lon$ as he is not a
habital criminal and is con"icted b& nal )d$ment
3. Ar%cl 1E – &rincipals; are classied into three: @= b& direct !ar%ci!a%on, @B b& indcement, @ b&
indis!ensable coo!era%on
4. Ar%cl 45 – 0orfeiture of instrments or tools sed in the commission of the crime
5. Ar%cl 3F – %ubsidiary imprisonment for failre to !a& nes
@. Ar%cl G – Conspiracy; in "iola%on of the +man #ecrit& Act@RAEB, 0an$eros 0r$s Act, sec B
onl& @RAE=, 6oncin$ Chec(s Law @6-BB
If the Peath &enalty was not abolished, it will also be $i"en s!!letor& a!!lica%on
allowed.
NO!" #$%
CRIMINALLAW Pag3eo
<
1f43
Q: Circmstances a3ec%n$ criminal liabilit&?

7here are "e circmstances a3ec%n$ criminal liabilit&:
@= Gs%f&in$ circmstances;
@B /<em!%n$ circmstances;
@ Mi%$a%n$ circmstances;
@F A$$ra"a%n$ circmstances; and
@ Alterna%"e circmstances'
7here are two others which are fond elsewhere in the !ro"isions of the Re"ised
-enal Code:
@= Absoltor& case; and
@B /<tena%n$ circmstances'

In jusfyin" and eempn" circumstances, there is no criminal liability6 hen an accused in(o5es them,
he in e+ect admits the commission of a crime but tries to a(oid the liability thereof6 he burden is upon
him to establish beyond reasonable doubt the reDuired condions to jusfy or eempt his acts from
criminal liability6 hat is shiFed is only the burden of e(idence, not the burden of proof .
Article 11
Q: What is a )s%f&in$ circmstances?

<us%(!in' Circumstancsare those where the act of a !erson is said to be in accordance with
law so that sch !erson is deemed not to ha(e trans"ressed the law and is free from criminal
and ci(il liability
Q: Is there ci"il liabilit&?

'enerally no, e<ce!t in Ar%cle == @F
Q: What element of "olntariness is lac(in$?

ntent; withot intent, there is no "olntariness; withot "olntariness, there is no felon&;
withot a felon&, there is no criminal liabilit& becase there is no crime
'rcle 11, par 1 D &elEAeense
Q: What are the /lements of #elfdefense?

1. %nlawul '""ression on the !art of the o3ended !art&
2. Reasonable ecessit! o the -eans /m!lo&ed b& the !erson defendin$
3. ac# o &uFcient Provocaon on the !art of the !erson defendin$
Q: What ma& be the sb)ect of selfdefense?

-erson, ri$ht, !ro!ert&, honor or home
@i defense of !erson – there is dan"er to the lie or limb of the !erson
@ii defense of ri$hts
@iii defense of !ro!ert& – shold be co!led with dan$er to the !erson
@i" defense of honor
NO!" #$%
CRIMINALLAW Pag4eo
,
1f43
K/ +urden o proo in selfdefense?

brden lies with the deense
Q: +ow is selfJdefense established?

thro$h clear and convincin" evidence
Q: Is the accsed reDuired to admit ha"in$ (illed the "ic%m?

34&; the accsed has to admit ha(in" 5illed the (icm before selfJdefense can be in(o5ed b& the
accsed
 It is the obli"aon of the accsed to prove selEdeense throu"h clear and convincin"
evidence; if the e(idence is not clear, there will be a convicon
 When all the elements o selEdeense are present Y the !erson defendin$ himself is free from criminal
liability and ci(il liability
 When onl& a ma.orit! o the elements are !resent Y pri(ile"ed mi"an" circumstance, !ro"ided
there is unlawful a""ression
 When onl& a majority of the elements are present, there is an incomplete selEdeense, bt it is s%ll
necessary to ha(e the element o unlawul a""ression , becase it is the most important element
Hnla6(ul A''rssion
 an indispensable element
 a sdden n!ro"o(ed unlawul a/ac# that eposes a personGs lie or limb to actual, real,
imminent dan"er; mere threatenin$, ima$ined or s!ecla%"e dan$er is not eno$h
 When there is no unlawful a""ression, there is no need to defend oneself8 when there is no need to
defend oneself, there is no need for a reasonable defensi(e act; when there is no need for a reasonable
defensi(e act, there is no need for reasonable means to pre(ent or repel somethin"; therefore, without
unlawful a""ression, e(erythin" else will be erased
 6ecase unlawful a""ression produced a dan"er , there comes a need to eliminate that dan"er ; that
need is a res!onse impelled by selfJpreser(aon; the means sed to eliminate the dan$er should be
reasonable and the mean s needed to be em!lo&ed can be determined based on the etent of the
unlawful a""ression
Q: %upposin", &o wrested the (nife from a robber' If he issll tryin" to "et bac5 the 5nife, there is
unlawful a""ression, becase unlawful a""ression is connuin" if the aDac(er is tr&in$ to re$ain control
o"er the sita%on
T7he rst principle in all criminal cases is that:  the accused will alwa!s be presumed innocent?
NO!" #$%
CRIMINALLAW Pag4eo
1
1f43
 In the constuonal pro(ision on !resm!%on of innocence, it can easil& be o"erthrown b& contrar&
e"idence, bt it is di3erent in criminal cases
 7he presumpon o innocence principle, of all dis!table !resm!%ons, is the stron"est becase to
o"erthrow it, the Court reDuires that the law pro(es the "uilt of an accused be!ond reasonable doubt
 7he burden or dut! to prove "uilt lies with the prosecuon or the "o(ernment and the& shold
introduce e(idence beyond reasonable doubt ; the prosecuon should rely on the stren"th of its own
e(idence and should not depend on the e(idence of the defense; these principles, howe"er, will chan"e
when the defense in(o5es, selfJdefense, defense of a rela(e, or defense of a stran"er , becase the
accsed mst alwa&s admit rst the fact of (illin$ the "ic%m, ths the burden is liFed from the
prosecuon and shiFs to the defense
 If the e(idence for both sides is wea5 , the accsed will be acHui/ed
 7he prosecuonBs wea5ness is cured when the defense in(o5es, selfJdefense, defense of a rela(e, or
defense of a stran"er because there is an admission of the (illin$
 If the e(idence of the defense is not clear and convincin", con(icon will be sure, as sre the sn rises
at the /ast
 7he admission in(ol(ed is onl! an admission o acts , bac5ed up by clear and con(incin" e(idence; it
not an admission of "uilt , becase if so, the Cort can sto! the !rosec%on and render )d$ment
 7he Cort shold !t itself in the shoes of the accsed drin$ the %me when the accsed alle$edl&
defended himself
Q: %upposin", aer &o wrested the (nife from the robber @who is the ob"ios a$$ressor in this case,
the robber2a$$ressor rns awa&, is there s%ll nlawfl a$$ression?
), when the a""ressor Aees unlawful a""ression no lon"er eists; and if &o s%ll (ill the
a$$ressor in this sita%on, selfdefense cannot be in"o(ed an&more
K/ %upposin", sin$ the same facts men%oned earlier, bt the retreat of the a$$ressor was with the
!r!ose to ta(e a more ad"anta$eos !osi%on or to $et a more e3ec%"e wea!on, to insre the sccess
of his aDac(, is there s%ll nlawfl a$$ression?
34&, when the purpose of retrean" is to ta5e a more ad(anta"eous posion or to do somethin"
to insure the success of his a9ac5, unlawul a""ression is connuin", thereore the dan"er is
sll connuin"8 in this case, the accused or the person defendin" himself, does not ha(e to wait
for the a""ressor to "et another weapon
K/ %upposin", there is an a$reement to $ht or a challen$e to $ht was acce!ted, is there nlawfl
a$$ression on one of the !ar%es?
NO!" #$%
CRIMINALLAW Pag4eo
+
1f43
), there is no unlawul a""ression in a"reements to "ht because selfJdefense cannot in(o5ed
since both pares are assailant and assaulted
K/ %upposin", sin$ the same facts abo"e, there is a$reement, bt one of the !ar%es aDac(s the other
e"en before the a$reed %me arri"es, is there nlawfl a$$ression?
34&, when the a9ac5 is made ahead of the me a"reed upon, there is unlawful a""ression
K/ %upposin", the a$$ressor sed a to& $n and the !erson defendin$ himself (illed the a$$ressor,
belie"in$ that the $n was real, is he s%ll criminall& liable?
), assmin$ clear and con"incin$ e"idence is !ro"ided, and that the accused belie(ed the
weapon<"un to be real, then honest mista5e of fact while in selfJdefense can be in(o5e
 Rasonabl Ncssit! o( th Mans mplo!#
 there is a con%nin$ necessit& to eliminate the dan$er
 in"ol"es two elements:
1. necessit& for the corse of ac%on, necessit& to eliminate dan$er
2. necessit& of the means em!lo&ed to !re"ent or re!el that dan$er
 oth should be reasonable
 It is not necessar! to ha"e material eHualit! or material commensurabilit! between the dan$er and
the means em!lo&ed to !re"ent or re!el that dan$er
 n determinin" reasonable means, the some acts and circumstances can be considered as factors,
sch as:
1. emer"ency to which the !erson defendin$ himself has been e<!osed to
2. !resence of imminent dan"er
3. im!elled b& the insnct of selfJpreser(aon
4. nature of the weapon sed b& the accsed com!ared to the wea!on of the a$$ressor
5. siQe and<or physical characterof the a$$ressor com!ared to the accsed and other
circmstances that can be considered showin$ dis!arit& between a$$ressor and accsed
0actors/ a"e, siQe, locaon, other circumstances, character or nature of weapon, physical character,
reputaon
Q: What is Lac( of #Pcient -ro"oca%on?

 sPcient !ro"oca%on shold come from the !erson defendin$ himself2accsed
 sPcient !ro"oca%on shold immediatel& !recede the a$$ression
 Insl%n$ another or commi^n$ oral defama%on is considered sPcient !ro"oca%on
 a challen$e to $ht is considered sPcient !ro"oca%on
Q: When is !ro"oca%on sPcient?

!ro!or%onate to the act of a$$ression and ade9ate to s%r the a$$ressor to its commission
Q: Who has the dt& to !ro"e elements of selfdefense?

Accsed
NO!" #$%
CRIMINALLAW Pag4eo
3
1f43
Q: What is the e3ect of claim of selfdefenses on brden of the !rosec%on?

#hiin$ the brden of !roof
-rosec%on is relie"ed of its dt& to !ro"e $ilt of accsed
Q: Ma& accsed be con"icted e"en if e"idence of !rosec%on is wea(?

4es, if the selfdefense not established b& clear and con"incin$ e"idence
Q: does admission of $ilt amonts to confession of $ilt?

No' .nl& an admission of fact
Accsed mst establish the element which is missin$ to !ro"e that he is not $ilt&
Q: What are the le$al e3ects
Confession of $ilt – no necessit& for trial, e<ce!t to !ro"e mi%$a%n$  a$$ra"a%n$
circmstances
Admission of fact – necessit& for trial
Q: Ma& there be self defense e"en withot nlawfl a$$ression?

No' 1A is the fonda%on
Q: how abot in incom!lete selfdefense?

No' 1A is alwa&s an indis!ensable element of selfdefense, whether com!lete or incom!lete
7hro$h reasonable means
Reasonable @needs to eliminate the dan$er

1nder ins%nct of self!reser"a%on
@Life  Limb 7here is dan$er @actal, real, imminent 

– not merel& ima$inar&, fancifl, false
1nlawfl A$$ression, sdden, n!ro"o(ed, ille$al aDac(
-(n#in' $roprt!
 0efense of !ro!ert& shold be co!led with dan$er to the !erson defendin$ oneself; if there is no
dan$er to the !erson or the !ersons life or limb, defense of !ro!ert& cannot be in"o(ed'
Q: In defendin$ !ro!ert&, when is (illin$ the a$$ressor )s%ed?

Necessit& of nlawfl a$$ression @!on the !erson defendin$ his !ro!ert&
Mst be co!led with an aDac( on &or own !erson
NO!" #$%
CRIMINALLAW Pag4eo
4
1f43
#ch a case, &o are not defendin$ &or own !ro!ert&, bt &or own !erson?
0efense of .WN !ro!ert& not .K !ro!ert&
Q: #!!ose hi^n$ onl& the lower !or%on of the bod&, not (illin$ the a$$ressor, defense of !ro!ert&, ma&
be claimed?
4/#' As lon$ as not to the e<tent of (illin$
T!a$ na!ata& mo, da!at ma& assalt on &or own !erson, ri$ht to life is s!erior to ri$ht to
!ro!ert&
K/ %upposin", sin$ a (nife, someone slashed &or ba$ to $et its contents, aer which &o were able to
wrest the (nife from him, and &o stabbed him, casin$ him to die, can &o in"o(e defense of !ro!ert&?
), because there was no imminent dan"er to your life or limb since you already ha(e control of
the 5nife
K/ %upposin", &o ca$ht some !eo!le inside &or hose in the act of stealin$ &or hosehold items,
assmin$ &o ha"e a $n, can &o se the $n and shoot at them or e"en (ill them?
 34& @accordin$ to -rof' Amrao, &o can e"en sta$e the crime scene to &or fa"or becase if &o
do not shoot them, the& will srel& se their wea!ons a$ainst &o and e"en tr& to (ill &o
an&wa&' ItSs beDer to hit them rst' Pefense
@ of home, chec( Re&es
K/ %upposin", a !ros%tte disa$rees to ha"e se<al intercorse with someone, bt the laDer s%ll forces
his wa& with the !ros%tte with carnal (nowled$e, tries to ra!e her, then the !ros%tte ta(es ot a (nife
in her ba$ and stabs the $&,can she in(o5e defense of honor despite bein" a prostute?
34&, a !ros%tte is s%ll en%tled to the ri$ht of defense of honor and the (nife was a reasonable
means sed'
0efense of home
Withot assalt of !erson, )s%ed? N.'
Q: In defendin$ &or car bein$ stolen, red at the %res, which hit a b&stander, liable?
No' Gs%ed for all conse9ences of the act – relate to art F @!ar= not commi^n$ a felon&
Q: e<am!le of nlawfl a$$ression a$ainst honor

sla! on the face
re!elled b& re"ol"er, reasonable means? No @no ra%onal e9i"alence
1se of the bolo a$ainst an narmed a$$ressor?

0e!ends on the circmstances
#ch as the siJe of the a$$ressor, bilt, re!ta%on or accessibilit& of other means
Kactor of %me inter"al

Mst be simltaneos with the aDac( or with a!!reciable inter"al of %me
NO!" #$%
CRIMINALLAW Pag4eo
9
1f43
Q: what is con%nin$ dan$er?
Q: what is con%nin$ a$$ression?
Q: e<am!le of defense of honor?
Q: e<am!le of a$reement to $ht?
Q: libel a$ainst libel, )s%ed?

4es'
Q: A and 6 are lon$ standin$ enemies' 6ecase of their con%nos 9arrel o"er the bondaries of their
ad)oinin$ !ro!er%es, when A saw 6 one aernoon, he a!!roached the laDer in a menacin$ manner with
a bolo in his hand' When he was abot "e feet awa& from 6, 6 !lled ot a re"ol"er and shot A on the
chest,(illin$ him' Is 6 criminall& liable? What crime was commiDed, if an&?
7he act of A is nothin$ bt a !ro"oca%on' It cannot be characteriJed as an nlawfl a$$ression

becase in criminal law, an nlawfl a$$ression is an aDac( or a threatened aDac( which !rodces an
imminent dan$er to the life and limb of the one resor%n$ to selfdefense' In the facts of the !roblem
$i"en abo"e, what was said was that A was holdin$ a bolo' 7hat bolo does not !rodce an& real or
imminent dan$er nless a raises his arm with the bolo' As lon$ as that arm of A was down holdin$ the
bolo, there is no imminent dan$er to the life or limb of 6' 7herefore, the act of 6 in shoo%n$ A is no
)s%ed'
Ar%cl 11&2) 9 -(ns o( Rla%"s
Q: Who are the rela%"es contem!lated?@in the followin$ order

 s!ose
 ascendants
 descendants
 brothers or sisters @le$i%mate, natral or ado!ted
 rela%"es b& aPnit& in the same de$rees @men%oned abo"e
 rela%"es b& consan$init& within the forth @Fth ci"il de$ree
 a!!lies the same conce!t of nlawfl a$$ression and reasonable necessit& of means
em!lo&ed, as contem!lated in Art' ==@= on selfdefense

 &pouse – shold be the le"imate husband or wife
 common law marria"es are not inclded; the common law spouse is considered a stran"er
 Who can determine bein$ le$i%mate? the Cort; the "alidit&, le$alit&, ille$alit& of the !ar%es cannot be
determined b& themsel"es
NO!" #$%
CRIMINALLAW Pag4eo
:
1f43
K/ %upposin" a hsband defends a common law wife b& (illin$ an aDac(er,can he in(o5e defense of
rela(eR
), but he may in(o5e defense of a stran"er
K/ %upposin" a hsband defends a second wifeb& (illin$ an aDac(er; considerin$ that the marria$e
between him and his rst wife is not nll and "oid, ths ma(in$ his second marria$e bi$amos, can he
sll in(o5e defense of rela(e?
34&, the presumpon is that all marria"es are le"al and (alid ' /"en in the absence of a )dicial
declara%on of nllit& @G0N of the rst marria$e, the second marria$e is considered "alid, ths
defense of rela%"e can be in"o(ed'
K/ %upposin" the hsband and his rst wife are on le$al se!ara%on, then he defends her from an
aDac(er, can he in"o(e defense of rela%"e?
34&, becase there is no G0N to sa& that their marria$e is nll and "oid'
K/ %upposin", hsband and wife sccessfll& annls their marria$e and the& ha"e secred a G0N on the
$ronds of !s&cholo$ical inca!acit&, then incidentall&, he defends her from an aDac(er, can he in"o(e
defense of rela%"e?
), becase there is no marria$e an&more between them; the G0N, once it is a!!ro"ed b& the
R7C and is nal and e<ector&, it will ha"e an e3ect wherein as if no marria$e e<isted between
the defender and the one defended; therefore, what can be in"o(ed is defense of a stran$er'
K/ %upposin" hsband and wife has a !endin$ case for annlment de to !s&cholo$ical inca!acit& of one
of the !ar%es, then incidentall&, he defends her from an aDac(er, can he in"o(e defense of rela%"e?
34&, becase there is no G0N that has nllied the marria$e
 'scendants – incldes !arents, $rand!arents, $reat $rand!arents, e"en $reat@F< $rand!arents

 Aescendants – incldes children, $randchildren, $reat $randchildren, e"en $reat@F< $randchildren
 What do ascendants and descendants ha(e in common? 7he& are blood relaves
K/ %upposin", a $reat, $reat, $reat, $reat $randfather is aDac(ed and is defended b& his ille$i%mate
$randchild, can the "randchild in(o5e defense of rela(e?
34&, becase the no dis%nc%on in the Re"ised -enal Code whether the descendant shold be
le$i%mate or ille$i%mate; when the law does not disn"uish, the courts cannot disn"uish
K/ %upposin", a father defends his ado!ted da$hter from an aDac(er, can he in"o(e defense of rela%"e?
), defense of rela%"e cannot be in"o(ed becase the law does not contem!late ado!ted
children as descendants and also does not contem!late ado!%"e !arents as ascendants, to
9alif& as rela%"es contem!lated nder Art' ==@B R-C
+rothers and &isters or siblin"s

1. le"imate – siblin$s of the same !arents who are married
NO!" #$%
CRIMINALLAW Pag4eo
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1f43
2. natural – siblin$s, who at the %me of their conce!%on with the same !arents, the parents are
not married but are not disDuali!ed by any le"al impediment to marry each other ; if parents are
disDuali!ed to marry b& an& im!ediment, the child is ille"imate
3' adopted – there shold be a )dicial !roceedin$ in cort "alida%n$ the ado!%on in order to be
considered nder defense of rela%"e as contem!lated; an e<tra)dicial !roceedin$ on the
ado!%on is not eno$h
 Relaves b! aFnit! in same de"rees  rela%"es by marria"e

 In same de"rees – a!!licable to ascendants, descendants, siblin$s, e"en $rand!arents of oneSs s!ose,
i'e' motherinlaw, fatherinlaw, brotherinlaw, sisterinlaw, etc'
th

Relaves b! consan"uinit! within the ourth *  civil de"ree
 rela%"es b& blood
 #ach "eneraon is one de"ree

 .neSs parents are in the !rst -1st) de"ree
 .neSs "randparents are in the second-2nd) de"ree
 .neSs uncles and aunts are in the third -3rd) de"ree
 .neSs !rst cousins are in the fourth -4th) de"ree
 Illustra%on+
!arent 2nd de"ree
1st de"ree (rd de"ree
da$hterinlawson da$htersoninlaw
child child *th de"ree
@starn" point, e$' this is !ou
 R*uisits (or -(ns o( Rla%"s

 aside from @= nlawfl a$$ression and
@B reasonable necessit& of the means em!lo&ed to !re"ent or re!el the a$$ression,
there is
(rd reHuisite/ if there was pro(ocaon arose from the rela(e bein" defended, the
person defendin" should ha(e had no part in that pro(ocaon
NO!" #$%
CRIMINALLAW Pag4eo
;
1f43
K/ %upposin", &or brother !ro"o(ed someone and started a $ht, when &o came to his aid, &o did not
(now that it was &or brother who started the $ht, bt when &o saw him, his enem& was on the "er$e
of stabbin$ &or brother, so &o shot his enem&, can &o e3ec%"el& and "alidl& in"o(e defense of a
rela%"e?
34&, becase at that "er& moment the life and limb of &or brother was in actal, imminent and
real dan$er; there was no %me for &o to in"es%$ate what reall& ha!!ened' he person
defendin" has the ri"ht to act on mere appearance @Amrao
Q: #!!ose man and woman li"in$ to$ether withot benet of marria$e, can claim selfdefense?
No'
Common law s!ose not contem!lated
7he& are en%tled to claim defense of stran$er
Q: +sband and wife, -h ci%Jens married in hon$(on$' Aer marria$e, disco"ered the& were =st cosins,
solemniJin$ oPcer in hon$(on$ not athoriJed, can the& claim defense of rela%"e?
4es' Absent a )dicial declara%on, marria$e !resmed e<is%n$
Q: #!!ose the ac%on for )dicial declara%on is !endin$, can the& claim defense of rela%"e?
4es' 7here is no )dicial declara%on &et'
Q: s!!ose the lower cort issed a decision?

Not an&more' As if no marria$e' Can claim defense of stran$er
Q: s!!ose what was led was le$al se!ara%on, and there is a decree of le$al se!ara%on, can claim
defense of rela%"e?
4es' Le$al se!ara%on doe not terminate marria$e'
Q: who are the descendants co"ered?
Q: A (illed a !erson to defend the honor of 6, and ille$i%mate, defense of rela%"e?

4es' 7he law does not dis%n$ish
Q: Who are the other rela%"es co"ered?
Q: half blood brothers and sisters?

4es
Q: Ado!%"e father defended the ado!ted da$hter?

No' @not contem!lated b& law
Q: ste!brother (illed accsed to defend life and honor of a ste!sister?
4es' Rela%onshi! b& aPnit& @brother or sister b& reason of marria$e
Q: rela%"e b& consan$init&, ! to what e<tent?
NO!" #$%
CRIMINALLAW Pag4eo
<
1f43
Fth de$ree
Q: last element in defense of rela%"e?
-(ns o( stran'r
What are the elements?
5i"e an e<am!le
ho are stran"ers?

 An&one not enmerated and those not contem!lated nder Ar%cle ==@B
 R*uisits+
 same conce!t of nlawfl a$$ression and reasonable necessit& of the means em!lo&ed to !re"ent or
re!el the a$$ression; aside from those two there is a (rd reHuisite/ the person defendin" should not be
induced by re(en"e, resentment, or other e(il mo(e
Ar%cl 11&4) 9 A"oi#anc o( 'ratr "il or in:ur!
 :eDuisites:
1. th "il actuall! /ists
2. the in)r& feared be $reater than that done to a"oid it
3. there be no other !rac%cal and less harmfl means of !re"en%on
 7he dama"e to another contem!lated are: @Re&es
in)r& to !ersons
 dama$e to !ro!ert&
 .neSs own life is more im!ortant than an&one else @Amrao
 7he $reater e"il shold not be bro$ht abot b& the ne$li$ence or im!rdence of the !erson who
commiDed the o3ense
Q: criminal liabilit&? No
Q: Ci"il liabilit&? 4es, shold be borne b& the !ersons beneted

/<am!le : #in(in$ shi!  )e^son
Ar%cl 11&5) 9 ulllmnt o( -ut!JLa6(ul /rcis o( Ri'ht or O8c

 :eDuisites:
1. that the accsed acted in the !erformance of a dt& or in the lawfl e<ercise of a ri$ht or
oPce
2. that the in)r& cased or the o3ense commiDed be the necessar& conse9ence of the de
!erformance of dt& or lawfl e<ercise of sch ri$ht or oPce
 7he ful!llment of duty mst be done carefll&,with due performance; no carelessness, no
ne$li$ence2im!rdence, no abse
NO!" #$%
CRIMINALLAW Pag9eo
,
1f43
 7he e<ercise of public o*ce was commi9ed with ne"li"ence and abuse of authority Y are not
a!!licable, the e<ercise mst be lawflU
K/ %upposin", a raidin$ team tas(ed to conscate dr$s bro(e the class cabinets in search of the dr$s,
was there abse of athorit&? 34&, becase de !erformance of dt& shold ha"e been em!lo&ed
Q: Can this be in"o(ed if there was ne$li$ence?

No'
Q: if there is abse of athorit&?
No
Q: -rison $ards escor%n$ !risoners on the wa& to the cort, one !risoner esca!ed, des!ite warnin$
shots, !risoner s%ll ran awa&, $ard shot the !risoner at the bac( who died, liable?
No
Q: warrant of arrest, N6I to arrest criminal and brin$ before the R7C of Manila' When the oPcers are at
the hose of the accsed, the accsed refse to o!en the door, N6I forcibl& o!en and destro&ed the
doors, liable?
No'
Q: !roceeded directl& withot annoncin$ their athorit&, liable?

4es' 7here is abse, e<ceedin$ athorit&, did not follow !rocedre
Q: e<am!le of lawfl e<ercise of a ri$ht

0octrine of self hel!
Ar%cl 11&@) 9 Ob#inc to a la6(ul or#r b! a suprior o8cr

:eDuisites
1. that an order has been issed b& a s!erior
2. that sch order mst be for some lawfl !r!ose
3. that the means sed b& the sbordinate to carr& ot said order is lawfl
 When the order is not for a lawfl !r!ose, the sbordinate who obe&ed it is criminall& liable
 7he sbordinate is not liable for carr&in$ ot an ille$al order of his s!erior if he is not aware of the
ille$alit& of the order and he is not ne$li$ent
 a;r# Woman 0!n#rom &W0)

 refers to a scien%call& dened !aDern of !s&cholo$ical and beha"ioral s&m!toms fond in
women li"in$ in baDerin$ rela%onshi!s as a reslt of cmla%"e abse @Re!blic Act EBB: An%
8iolence A$ainst Women and Children Act
NO!" #$%
CRIMINALLAW Pag9eo
1
1f43
 a;r! – refers to an act of in*ic%n$ !h&sical harm !on a woman or child resl%n$ to the !h&sical,
!s&cholo$ical or emo%onal distress @RA EBB
K/ ho can (erify or con!rm whether a woman s3ers from 6aDered Woman #&ndrome?
.nl& a cer%ed !s&cholo$ist or !s&chiatrist can !ro"e the e<istence of 6aDered Woman
#&ndrome in a woman
Q: What is the le$al e3ect of the !roof of e<istence of 6W# in a woman?

hose found by the courts to be su+erin" from % do not incur criminal and ci(il liability
notwithstandin" the absence of any of the elements of the jusfyin" circumstance of selfJdefense
under the :e(ised &enal Code @#ec%on B, Re!blic Act EBB
 7he le$al e3ect of 6W# is of the same le"el with the )s%f&in$ circmstances in Art'== of the R-C,
e<ce!t !ar' F'
 #(en without unlawful a""ression on the !art of the deceased hsband or male !artner, the act of the
woman shall s%ll not incr criminal and ci"il liabilit&
Q: Who are the women who can in"o(e 6aDered Woman #&ndrome?
 wife  an& woman ha"in$ a se<al rela%onshi! with a man
 $irlfriend  incldin$ da%n$ women, if rela%onshi! is in%mate
 former wife  common law wife
 former wife whose marria$e with her has been annlled b& a )dicial declara%on of
nllit& @G0N
children
 It not necessar! that the woman s3erin$ from 6W# is s%ll in a rela%onshi! with the man that she
(illed or harmed'
-octrin o( 0tan# !our 'roun# 6hn in th ri'ht

 7he law does not e<!ect &o to rn awa&
 When in the ri$ht, defend &or ri$ht or !osi%on, defend &orself
 A total o!!osite of the old doctrine o retrean" to the wall , where the law e<!ects &o to rn
awa& and a"oid defendin$ &orself
Q: What is the le$al e3ect of 6W#?

No criminal liabilit&
No ci"il liabilit&
Q: Ma& a baDered hsband claim it as a defense?
NO!" #$%
CRIMINALLAW Pag9eo
+
1f43
No' 7he law sa&s onl& woman
Q: What is a da%n$ rela%onshi!?
Q: 4o brea( ! with &or $f, she was emo%onall&  !s&cholo$icall& wrec(ed, is this baDer&?
4es' @ha&den (ho case
Q: -rotec%on .rder nder RA EBB?

!re"ented from li"in$ in same commnit& or hose with the baDered woman
it mst be issed b& cort or baran$$a&
Q: Can &o le "iola%on of RA EBB to$ether with !arricide or !h&sical in)ries?
4es' RA EBB withot !re)dice to the lin$ of an& other ci"il or criminal ac%on
Q: woman s3erin$ from 6W#, (illed hsband, liable for !arricide?

No' it is not necessar& that 1A e<ist
Q: how will cort determine 6W#?

Cer%ed !s&chiatrist or !s&cholo$ist
$rcle 12
Q: What is an e<em!%n$ circmstance?

 a circmstance if !resent drin$ the commission of the crime will free the accsed from
criminal liabilit&
 there is a crime, but there is no criminal

 burden o proo to !ro"e the e<istence of an e<em!%n$ circmstance: lies with the deense
Q: 0is%n$ish )s%f&in$ from e<em!%n$
<us%(!in' /mp%n'
 there is neither a crime  there is a crime bt there is
noracriminal nocriminal
 the act is )s%ed and the  the act is not )s%ed bt the
actor is not criminall& liable actor is not criminall& liable
 there is no ci"il liabilit&  there is ci"il liabilit& e<ce!t in
NO!" #$%
CRIMINALLAW Pag9eo
3
1f43
e<ce!t in !ara$ra!h F !ara$ra!hs F and 
Ar%cl 12&1) 9 Imbcilit! an# Insanit!

 an imbecile or an insane is en%tled to be e<em!ted, nless the laDer acted drin$ a lcid
inter"al
 Imbcil – one who is de!ri"ed com!letel& of reason or discernment and freedom of will when
commi^n$ a crime; e<em!ted in all cases; mentalit& is com!arable to a child B &ears old
 Insanit! – not so e<em!t becase drin$ a lcid inter"al, the !erson can act with intelli$ence
Q: what is !ermanent sic(ness?

Imbecilit&
Q: Which is not !ermanent?

Insanit&
Q: Insanit& before the commission of the crime, le$al e3ect?

Not e<em!t
0rin$ – e<em!t
Aer – not e<em!t, bt !roceedin$ will be ss!ended
insanit& mst be at the %me of the commission of the o3ense nless is !ro"en to sbsist n%l
commission
Q: 5hat is the test or the de"ree o insanit! for it to cont as an e<em!%n$ circmstance?
7he tests of the de$ree of insanit& are the e<istence of:
1. com!lete de!ri"a%on of intelli$ence
2. total de!ri"a%on of freedom of will
 Mere abnormali%es of the mental facili%es are not eno$h
K/ %upposin", a man sddenl& )st stabs another !erson, he then be$an to rn awa& becase he (new he
commiDed a crime, then as the athori%es tried to catch him, as the& $ot closer to him, he ran e"en
faster, can he in"o(e insanit& as an e<em!%n$ circmstance?
), the fact that he was rnnin$ awa& was an indica%on that he was not de!ri"ed of
intelli$ence becase he (new he did, and b& rnnin$ faster to a"oid the athori%es was an
indica%on of not bein$ totall& de!ri"ed of his freedom of will becase of his inten%on to esca!e
I9 5ho has the +urden to prove insanit!:

lies with the deense, @Accordin$ to Re&es, thro$h circmstan%al e"idence if clear and
con"incin$
NO!" #$%
CRIMINALLAW Pag9eo
4
1f43
 4vidence o insanit! mst refer to the me precedin" the act or at the ver! moment o
eecuon
K/ %upposin", the o3ender becomes insane onl& aer the commission of the crime or drin$ trial, can he
s%ll in"o(e the e<em!%n$ circmstance of insanit&?
), becase what is conted and considered in determinin$ whether there was insanit&, is the
%me !recedin$ the act or the moment of e<ec%on
 blmin##nss – not e<em!%n$ becase s2he can s%ll dis%n$ish ri$ht from wron$; not eDui(alent
to insanity

0omnambulism or slp6alin'– mst be clearl& !ro"en to be considered an e<em!%n$ circmstance
nder this Ar%cle; acts of the slee!wal(er shold not be "olntar&
 Mali'nant malaria – can case insanit&, therefore, can be considered as an e<em!%n$ circmstance
nder this Ar%cle
 asis (or /mp%on – complete absence of intelli"ence
mporar! Insanit! 9 !s, /mp%n'
Ar%cl 12&2 K 3) 9 Minorit! &rpal# b! Rpublic Act F344 or th <u"nil <us%c an# Wl(ar Act)
 R' (**, &econ K – a child 1L !ears o a"e or below at the me of the commission of the crime shall
be eempt from criminal liability bt will nder$o an inter"en%on !ro$ram; a child above 1L !ears o
a"e or below 1M !ears o a"e shall be eempt and be subjected to an inter(enon pro"ram unless
s=he acted with discernment in which case sch child will be sb)ect to the a!!ro!riate !roceedin$s in
accordance with this Act
 Children fallin$ nder this Act are refe rred to as a child in confict with the law ; normall& minor
o3enders are referred to as the accsed, )"enile delin9ent, !risoner, res!ondent, etc' bt it is
contem!lated that these terms refer to !ersons who ha"e commiDed crimes; RA EFF !rohibits the
se of these terms to refer to minor o3enders, onl& the abo"emen%oned term can be sed
 Kor a child in confict with the law – there is a !resm!%on of the absence or lac( of intelli$ence
 .3enders are free from criminal liabilit& bt are s%ll ci"ill& liable
 7he l'al 7ct of the e<em!%on: the child shall be $i"en to the custody of the parent or "uardian8 in
their absence, the custody is "i(en to the followin", accordin$ to their order of a"ailabilit&:
@a re$istered non$o"ernmental or$aniJa%on
@b re$istered reli$ios or$aniJa%on
@c member of the 6aran$a& Concil for the -rotec%on of Children @6C-C
@d local oPce of the 0e!t' of #ocial Welfare  0e"elo!ment @0#W0
@e na%onal oPce of the 0e!t' of #ocial Welfare  0e"elo!ment @0#W0
 'nother e:ect is that the minor is sub.ected to an intervenon or diversion pro"ram which in"ol"es:
seminars and classes on famil& and media%on, s(ills im!ro"ement, emo%onal mana$ement, etc'; other
NO!" #$%
CRIMINALLAW Pag9eo
9
1f43
di"ersion !ro$rams are for reforma%on and rehabilita%on, in which the !blic !rosector sall&
ini%ates the recommenda%on for the minor to be sb)ected nder the !ro$ram
Q: What is a child at ris(?
 ?nral Rul for minors abo"e = or below =H &ears of a$e: eempted, becase the !resm!%on is
that the& acted withot intelli$ence
 /cp%on: the minor acted with discernment

+ow is discernment determined? @Re&es
@= manner of commi^n$ the crime
@B condct of the o3ender
 0iscernment can also be determined b& the words u/ered b& the minor aDendant to the commission
of the act, e$' the words, >u n"a saByoS? , which indicates an epression of accomplishment, (ictory
or sasfacon
Whn th cas has bn #ci## b! th court
 If the jud"ment is an acHui/al, the decision shall immediatel& ta(e e3ect without suspension, and the
decision shall be promul"ated and pronounced
 What is the si$nicance of promul"aon?
 it is fll of si$nicance; the decision is read in o!en cort
 immediatel& aer the readin$ the )d$ment of ac9iDal becomes immediatel& nal and e<ector&,
which cannot be sb)ect for an& mo%on of reconsidera%on, hence the decision cannot be either
re"ersed or modied
 If the jud"ment is convicon, the promul"aon of the decision and the sentence shall be suspended b&
the cort; the minor shall be ordered to under"o inter(enon, which shall ha"e the followin$ e3ects:
@a If aFer the inter(enon, there is reorm on the !art of the minor, the minor shall be retrned to the
cort to dismiss the criminal case and dismiss the char"es a$ainst the minor
@b If aFer the inter(enon, there is no reorm , the minor shall be retrned to the cort for the
!roml$a%on of the decision a$ainst the minor; then, the court shall either decide on the sentence
or etend the inter(enon
 .nl& when there is refusal to be sb)ected to reforma%on or when there is failure to reform can the
child be subjected to criminal prosecuon and the judicial system
 Othr 7cts o( Rpublic Act F344

@i decriminaliJes the sniPn$ of r$b& b& a minor
NO!" #$%
CRIMINALLAW Pag9eo
:
1f43
@ii decriminaliJes the "iola%on of a minor of the An%Mendicanc& Law, which !rohibits be$$in$ or
be$$ars
@iii decriminaliJes "a$ranc& and !ros%t%on, !nished nder the R-C, when commiDed b& a minor
= &ears old or below; the minor will not be criminall& liable
@i" criminal records of minors abo"e = or below =H &ears of a$e are (e!t conden%al in order to
protect the honor and reputaon of the minor
@" e<em!ts minors from the o3ense of refsin$ to ac(nowled$e the fact that s2he had been in"ol"ed
or con"icted in a criminal case before
@"i minors can den& nder oath their criminal in"ol"ement or con"ic%on; cannot be char$ed with
!er)r& or falsica%on or misre!resenta%on, for concealin$ the criminal in"ol"ement or con"ic%on;
purpose: to "i(e the minor a new lease in life and to pre(ent the s"ma of con(icon which e<tends in
a lon$term basis, i'e' in loo(in$ for )ob or !rotec%n$ the familiesS re!ta%on
@"ii retroac(e applicaon of RA EFF on !ersons who were con(icted and are currently ser(in" me
for crimes they commi9ed when they were minors abo(e N or below 1 years of a"e when they
commi9ed the o+ense, becase minors who acted with discernment nder this a$e brac(et, were not
e<em!ted from criminal liabilit& before nder the R-C, bt has alread& been re!ealed b& RA EFF;
their criminal liabilit& is erased therefore the& shall be released
Q: #!!osin$, a =>&ear old, who is a!!arentl& "er& intelli$ent, commits a crime, will he be e<em!ted
from criminal liabilit& considerin$ the hi$h le"el of intelli$ence of the child?
34&, he is sll eempted; what is important is the a"e of the child at the me of the commission
of the crime; it doesnSt maDer whether the child was e<tremel& intelli$ent
 0tatus O7nss @nder RA EFF – refers to o3enses which discriminate onl& a$ainst a child, while an
adlt does not s3er an& !enalt& for commi^n$ similar acts; these shall inclde crfew "iola%ons,
tranc&, !arental disobedience and the li(e
 %tatus o+enses when commi9ed by a minor are !nishable, bt are not punishable anymore under :$
N344
 %tatus o+enses when commi9ed by an adult are not punishable
 h -an'rs o( Rpublic Act F344 -$murao)

 can be absed or ta(en ad"anta$e of b& crime s&ndicates that se minors as instrments for
the commission of crimes
NO!" #$%
CRIMINALLAW Pag9eo
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1f43
 7he e3ect of the liberal e<em!%ons of RA EFF – what will ha!!en to the "ic%ms if the
o3enders, who are minors, will be e<em!ted all the %me? 8ic%ms will ta(e the Kili!ino wa& Y
ta(in$ the law into their own hands
 With reference to RA EFF, the -hili!!ines is not &et read& for that (ind of law' -$murao)
 asis (or th /mp%on o( a minor: absence or lac5 ofintelli"ence
Ar%cl 12&4)  Acci#nt

 #lements/
1. a !erson is !erformin$ a lawful act
2. the act is done with due care
3. cases an in)r& to another by mere accident
4. in)r& was done without fault or intenon of casin$ it
Q: What is an Accident?
Q: What are the Re9isites?
Q: What are the Le$al /3ects of Accident?
No ci"il liabilit&
No criminal liabilit&
/<am!les of e<ce!%ons
Q: 0ri"er with an e<!ired license? N.7 e<em!t
Q:Not re$istered = &ear delin9ent? N.7 e<em!t not lawfl act
With defec%"e brea(s, w2n #!eed limits !ro!er lane?

Not e<em!tfalt or ne$li$ence
7ires of car alread& worn ot? Not e<em!t

In %!to! condi%on, brand new %res? Not e<em!t
.f  !assen$ers in the car o"erloadin$
Ri$ht lane em!t&, o"ertoo( the car? Not e<em!t

Le lane is for o"erta(in$
."erta(in$ on the le lane, hit a child who sddenl& crossed the road? 4es, e<em!t'
Absoltor& case @Art'BF
-ar'= not e<em!t from criminal liabilit&' 7here is a !enalt&des%erro' It is s%ll an nlawfl act'
NO!" #$%
CRIMINALLAW Pag9eo
;
1f43
  all the elements are present, the le$al e3ect is that the accsed shall incr no criminal liabilit! and
no civil liabilit!
 If not all the elements are present , 'rcle K7 o the RPC will appl! and the !enalt& !rescribed is
arresto mayor to prision mayor for "ra(e felonies
 7here is ne"li"ence when Y the accsed tried to o"erta(e another "ehicle on the ri$ht side of the road
becase this is a "iola%on of traPc laws
 #!eedin$ alon$ the road is an e<am!le of an act done without due care
 asis (or /mp%on – absence of intent
Ar%cl 12&5) 9 Compulsion o( Irrsis%bl orc

#lements/
1. com!lsion to commit the crime is b& means of !h&sical force or "iolence
2. !h&sical force or "iolence is irresis%ble
3. the !h&sical force or "iolence mst come from a rd !erson
-res!!oses that a !erson is com!elled by means of force or (iolence

 Irrsis%bl orc– de$ree of force which is eternal or physical forcewhich redces the !erson to a
mere instrment and the acts !rodced are done without his will and a"ainst his will @Amrao
 asis (or /mp%on – absence of reedom
Ar%cl 12&@) 9 Impuls o( an Hncontrollabl ar

 :eDuisites: @Re&es
1. that the threat which cases the fear is of an e"il $reater than or at least e9al to that which
he is re9ired to commit
2. that it !romises an e"il of sch $ra"it& and imminence that the ordinar& man wold ha"e
sccmbed to it
 -res!!oses inmidaon or threat, not force or "iolence
 #lements:
1. the eistence of an uncontrollable fear
2. the fear mst real and imminent
3. the fear of an in)r& is "reater than or eDual to that commiDed
 All the elements mst concr
 asis (or /mp%on  absence of reedom
Q: What element of "olntariness is absent?

Intent, Kreedom
Q; -ar' 0is%n$ish  and '
NO!" #$%
CRIMINALLAW Pag9eo
<
1f43
Natre of threat –$reater or e9al?
-i7rnc bt6n irresisble orce an# uncontrollable ear:

Irrsis%bl orc– in"ol"es the use o violence or ph!sical orce to com!el
Hncontrollabl ar– in"ol"es the use o threat or inmidaon to com!el
Ar%cl 12&E) 9 ailur to $r(orm a La6(ul Act -u to La6(ul or Insuprabl Caus
 #lements:
1. an act is reDuired by law to be done
3. that
2. that a !erson
the fails
failure to perform
to !erform such
sch actact
was due to some lawful or insuperable cause
 0ailure to deli(er arrested persons to the proper authories de to !roblems re$ardin$ distance and
trans!orta%on is a lawfl or ins!erable case
 A typhoon cases the failre to !erform the lawfl act is an ins!erable case
 asis (or /mp%on – absence of intent
 Absolutor! Causs – those where the act commiDed is a crime bt for reasons of !blic !olic& and
sen%ment, there is no !enalt& im!osed
 Ins%'a%on – is an ille"al act becase the !blic oPcer !lants the seed of criminalit& in the mind of the
!erson or o3ender -$murao); the !blic oPcer indces an innocent !erson to commit the crime which
the !blic oPcer concei"ed -:eyes)
 ntrapmnt – is a le$al act becase the !r!ose is to ca!tre or tra! the lawbrea(er
 uyJbust operaons are forms of entra!ment, hence the& are le$al
Arbitrar& 0eten%on with warrant

Art' =B @Warrantless arrest
Ins%$a%on "s' /ntra!ment e'$' b& bst o!era%on

5i"e e<am!les
-ri"ate indi"idal both
/3ects of criminal liabilit& of:
Ins%$atorliable as !rinci!al b& indcement
Ins%$ated !rinci!al b& direct !ar%ci!a%on
-t absoltor& as to direct !ar%ci!a%on
'rcle 1(
NO!" #$%
CRIMINALLAW Pag:eo
,
1f43
Q: what is mi%$a%n$ circmstance?

 those which, if !resent in the commission of the crime, do not en%rel& free the actor from
criminal liabilit& bt ser"e onl& to redce the !enalt&
Q: What are the inds?

.rdinar&
-ri"ile$ed
-ar'= of Art' = becomes a !ri"ile$ed mi%$a%n$ circmstance becase of Art'E @Amrao

Art'E ma(es !ar'= of Art'= a !ri"' mit' Circmstance'
Classi!caon:
OR-INAR $RIIL?-
 o3set b& a $eneric a$$ra"a%n$  cannot be o3set b& a $eneric
c ircmstance a$$ra"a%n$circmstance
 !enalt& lowered to minimm  !enalt& lowered b& de$ree
 Mi%$a%n$ and a$$ra"a%n$ circmstances are not a!!lied to s!ecial !enal laws becase the !enal%es
in s!ecial !enal laws cannot be di"ided into three !eriods
Ar%cl 13&1) 9 Incomplt <us%(!in' or /mp%n' Circumstancs

 is considered a privile"ed mi%$a%n$ circmstance, pro(ided, ma)orit& of the elements re9ired to
)s%f& or e<em!t are !resent
 for the )s%f&in$ circmstances of selfJdefense, defense of rela(e and defense of stran"er Y the
element of unlawul a""ression should alwa!s be present
All elements of GC or /C !resent – e<em!t or )s%ed

I/ elements bt not ma)orit& –ordinar& mit' Circ'
Ma)orit& of the elements are !resent !ri"' mit' Circ'
-ro"ided that in self defense, defense of rela%"e or defense of stran$er, 1nlawfl a$$ression is
!resent'
Q: 5i"e an e<am!le'
/<am!le of mi%$a%n$ circmstance of incom!lete accident

@see !a$e BE of boo( 7here was falt'
NO!" #$%
CRIMINALLAW Pag:eo
1
1f43
Q: Woman slee!in$ in her room' Ganitor ha!!ened to enter the room to clean' +e accidentall& toched
the hand of the woman' 6elie"in$ her honor was in dan$er, shot the )anitor sin$ a $n nder her
!illow? @1# "s' A!e$o
Mit' Circ' Mista(e of fact of the woman'
-ri"' Mit' Circ' .f selfdefense

@N'6' 1nlawfl A$ression ] either of re9isites B or 
Q: > meters awa& !ri"ile$ed?
No, considerin$ the distance 1A not !resent
Ar%cl 13&2) 9 Minorit!

 co"ers minors abo"e = &ears bt below =H &ears of a$e @== &ears old, who acted with
discernment
 shall be en%tled to the benets of a privile"ed mi%$a%n$ c ircmstance
 asis (or mi%'a%on: diminuon of intelli"ence
6et' = or =H with discernment mit @redced b& one de$ree

Withot discernment e<em!%n$
RA EFF did not amend Art' H

Refse to sbmit 0i"ersion !ro$ram
8iola%on of condi%ons
Not for best interest

0i"ersion !ro$ram commencement of criminal ac%on if e"entall& sentenced to con"ic%on Art'
H will a!!l&'
Ar%cl 13&3) 9 $ratr Intn%onm

 o3ender did not intend to commit so $ra"e a wron$
 dis!ro!or%on of the means em!lo&ed to e<ecte the crime and the conse9ences !rodced; there
shold ha"e been an intent at the moment
 asis (or mi%'a%on: lac5 or diminuon of intent
Kactor to determine e<istence of !raeter inten%onem, intent bein$ a state of mind'

= wea!on sed
B natre of in)r&; nmber of in)r&
 !art of the bod& in)red @loca%on of in)r&
NO!" #$%
CRIMINALLAW Pag:eo
+
1f43
F manner of in*ic%n$ in)r&
7reacher&  /<ternal
4es' Qalif&in$ a$$ra"a%n$ if e<ternal in natre can coe<ist with !raeter inten%onem which is
internal' CL/AR?
Q: A intend to in)re AMrao hit in the ri$ht sholder 0id not sbmit to medical treatment' Amrao
died'
=st 9es%on: Is A liable? 4es, !ar' = Art'F

Was there treacher&? 4es_hence mrder @9alied b& treacher&
6ecase Amrao died, intent to (ill is b& law conclsi"e'
Q: -eo!le "' /nri9eJ @Abse of s!erior stren$th

Intent to threaten onl&
+ow wold &o classif&? .rdinar&'
Le$al e3ect? Minimm
/<ce!t if cancelled b& $eneric a$$ara"a%n$ circ'
Q: Claim !ar'  in "iola%on of s!ecial !enal laws?

No, intent is immaterial in o3enses'
Q: 7re or false: All mi%$a%n$ circ' Can be a!!reciated in s!ecial !enal laws?
No, !enal%es not $radated and di"isible into min, med, ma< !eriods, In $eneral
/<ce!t: A$e
Ar%cl 13&4) 9 $rsnc o( 0u8cint $ro"oca%on or hrat
Q: What are the re9isites?

1. !ro"oca%on mst be sPcient
2. mst ori$inate from the o3ended !art&
3. that the !ro"oca%on mst be immediate to the act or crime commiDed b& the !erson who is
!ro"o(ed
Q: What is !ro"oca%on?
$ro"oca%on – an& n)st or im!ro!er condct or act of the o3ended !art& ca!able of e<ci%n$,
inci%n$ or ini%a%n$ an&one
+ Whn is pro"oca%on 0u8cint

– ade9ate to e<cite a !erson to commit the wron$ and mst accordin$l& be !ro!or%onate to its
$ra"it&
NO!" #$%
CRIMINALLAW Pag:eo
3
1f43
 depends on:
@= the act cons%t%n$ the !ro"oca%on
@B the social standin$ of the !erson !ro"o(ed
@ the !lace and %me when the !ro"oca%on was made
 hreats shold immediatel& !recede the act
 asis o( th mi%'a%on+ diminuon of intelli"ence and intent
Q: /lements: @#.I
Q: 7est to determine whether !ro"oca%on can be considered mi%$a%n$

' What (ind of !ro"oca%on?
#Pcient'
Q: When is !ro"oca%on sPcient?

-' B
Q: +ow soon mst the crime be commiDed?

No %me to re$ain his reason and to e<ercise selfcontrol
meanin$ of immediatel& is not with reference to the la!se of %me !er se
Relate to RA7I. .K 7+/ LAW

6t la!se of %me to re$ain selfcontrol
!ersonal to &o @the !ro"oca%on
Q: What is the determinin$ factor?

In*ence or e3ect of the !ro"oca%on
@w2c means that la!se or inter"al of %me is allowed de!endin$ on $ra"it& of o3ense
Q: Acts of lasci"iosness commiDed a$ainst &o @B!m; 6orrowed (nife @B> !m
Mi%$a%n$ nder !ar' F?
4es'
Q: 1nder !ar' ?
4es'
Q: Ma& &o consider both to$ether?
No, alterna%"el& arisin$ from the same facts'
Q: Is acts lasci"iosness a $ra"e o3ense?

4es'
NO!" #$%
CRIMINALLAW Pag:eo
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1f43
Ar%cl 13&5) Imm#iat in#ica%on o( Rla%"sJ>imsl(

 :eDuisites:
1. that a $ra"e o3ense has been done on the one commi^n$ the felon& or on his rela%"es
2. felon& commiDed in "indica%on of sch $ra"e o3ense; a la!se of %me is allowed between the
"indica%on and the doin$ of the $ra"e o3ense
 -i7rnc bt6n $ROOCAION an# IN-ICAION

$ro"oca%on in#ica%on
 it is made directl& onl& to the !erson  the $ra"e o3ense ma& be
commi^n$ the felon& commiDed also a$ainst the
o3enderSs rela%"es
 the case that bro$ht abot the  o3ended !art& mst ha"e done
!ro"oca%on need not be a $ra"e a $ra"e o3ense to o3ender or
o3ense his rela%"es
 it is necessar& that the !ro"oca%on or  "indica%on of the $ra"e o3ense
threatimmediatel& !recedes the act ma& be proimate which allows an
withot inter"al of %me inter"al of %me
 Rason (or th #i7rnc: vindicaon concerns the honor o a person

 7o determine whether the personal o+ense is "ra(e, the 3' are considered:
 social standin" of the !erson
 me when the inslt was made
 place where the inslt was made
 some%mes, e"en the a"e ma& be considered

 asis (or th mi%'a%on: diminuon of the condions o voluntariness
Q: 7here are  mit' Circ' -resent' Will &o be en%tled to the benets of these MC?
No' Arose onl& ot of = fact2 set of facts'
Q: E:> mother informed &o that &or sister was ra!ed' 4o searched for him with a re"ol"er' 0id not
nd him' Kond him aer  da&s'
-assion or obfsca%on? No'
-ro"oca%on? No'
8indica%on? 4es'
Q: What is re9ired in "indica%on?

La!se of %me
Q: What if aer one wee(, "indica%on?
NO!" #$%
CRIMINALLAW Pag:eo
9
1f43
Law sa&s immediate
Q: 0i3erence of meanin$ of immediate in !ar' F and ?

4es'
H months, "indica%n$?
Q: Chinaman elo!ed with sweetheart' -arent of sweetheart considered it an o3ense a$ainst famil&'
Kather loo(ed ofr da$hter' Kond her in the hose of the chinaman' 7hen father (noc(ed, Chinaman ran
and refsed to tal( with father' Kather enra$ed shot chinaman'
= +ow man& mit' Circ'?
8indica%on of $ra"e o3ense
-assion or obfsca%on
B Mst $ra"e o3ense cons%tte a crime?
No'
Q: #!!osin$ &o ha"e a rst cosin, $irl, so close to &o, who was ra!ed b& nei$hbor' 4o loo(ed for
nei$hbor and shot him dead'
What mit' Circ? 8indica%on?
No, rst cosin not contem!lated nder "indica%on @rela%"es
Q: Re9irements of !assion or obfsca%on?
Q: Common law hsband as( common law wife to retrn home' Wife refsed' +sband was hmiliated
b& reason of which he stabbed common law wife'
Ma& claim !assion or obfsca%on? No'
8indica%on of $ra"e o3ense? No, not enmerated b& law'
Q: +milia%on, slandered in !blic, is it a crime?

4es'
Q: It is a $ra"e o3ense a$ainst &o?
Q: What is the crime commiDed? #lander,
Q: Ma& be commiDed b& a common law wife a$ainst a common law hsband? 4es'
Q: -resence of -., 8, and #- 4es

Q: Can &o consider all of these in &or fa"or?
-. No, not lawfl sen%ment; not lawfl le$i%mate rela%on
#- 4es
8 4es
NO!" #$%
CRIMINALLAW Pag:eo
:
1f43
Q: .ld man has his own famil& alread& bt not contented with wife went ot e"er& ni$ht ' Met an
aDrac%"e woman in a !ros%t%on hose, he con"inced woman to lea"e the !ros%t%on hose and the&
li"ed to$ether as hsband and wife' Wife le'
Aer se"eral da&s, she was fond in another !ros%t%on hose, con"inced her to to $o bac('
Woman adamant in her refsal' Woman said A&o(o na sa&o, Matanda (a na' Mahina na thod
mo' .ld man was enra$ed, stabbed her'
Q: Ma& old man claim -.?

No' -eo!le "' 6ello is an e<ce!%on @!' BE>BE=
4,,G are interrelated because they can eist in a sin"le act but not necessarily appreciated separately6
Ar%cl 13&@) 9 $assion or Ob(usca%on

 #lements:
1. the accsed acted !on im!lse
2. the im!lse mst be so !owerfl that it natrall& !rodced !assion or obfsca%on in the accsed
 :eason/ these are cases natrall& !rodcin$ in a !erson !owerfl e<citement that he
loses reason and selfcontrol thereb& diminishin$ the e<ercise of will!ower
 :ule: the passion or obuscaon should arise from lawul senments in order to be
mi%$a%n$
 :eDuisites:
1. that there be an act, both nlawfl and sPcient to !rodce sch a condi%on of mind
2. that said act which !rodced the obfsca%on was not far remo"ed from the commission of the
crime b& a considerable len$th of %me, drin$ which the !er!etrator mi$ht reco"er his natral
e9animit&
-i7rnc bt6n $A00ION or OH0CAION an# IRR0I0IL ORC

$assion orOb(usca%on Irrsis%bl orc
 a mi%$a%n$ circmstance  an e<em!%n$ circmstance
 cannot $i"e rise to irresis%ble force  re9ires !h&sical force
becase passion or obfuscaon has no
physical force
 the !assion or obfsca%on is in the  mst come from a third !erson
o3ender himself
 mst arise from lawfl sen%ments  is nlawfl
-i7rnc bt6n $A00ION or OH0CAION an# $ROOCAION

$assionorOb(usca%on $ro"oca%on
 !rodced b& an im!lse which ma&  mst come from the in)red !art&
becasedb&!ro"oca%on
NO!" #$%
CRIMINALLAW Pag:eo
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1f43
 the o3ense which en$enders  mst immediatel& !recede the

!ertrba%on of mind need not be commission of the crime
immediate; it is onl& re9ired that the
in*ence thereof lasts n%l the
moment the crime is commiDed
 the e3ect is loss of reason and  the e3ect is also loss of reason
selfcontrol on the !art of the and selfcontrol on the !art of the
o 3ender o3ender

Ar%cl 13&E) 9 oluntar! 0urrn#rJoluntar! Con(ssion o( ?uilt
oluntar! 0urrn#r
 :eDuisites:
1. that the o3ender had not been actall& arrested
2. that the o3ender srrendered himself to a !erson in athorit& or to the laDerSs a$ent
3. that the srrender was "olntar&
 oluntar!B – to be a!!reciated, (oluntary surrender must be spontaneous in sch a manner that it
shows the interest of the accsed to srrender ncondi%onall& to the athori%es, either becase @= he
ac(nowled$ed his $ilt or @B becase he wishes to sa"e them the troble and e<!ense necessaril&
incrred in his search and ca!tre
 Intenon to surrender withot actall& srrenderin$ is ); mi%$a%n$
 oluntar! Con(ssion o( ?uilt

 :eDuisites:
1. that the o3ender s!ontaneosl& confessed his $ilt
2. that
the the confession of $ilt was made in o!en cort that is before the com!etent cort that is to tr&
case
3. that the confession of $ilt was made !rior to the !resenta%on of e"idence for the !rosec%on
 /"en aer arrai$nment, "olntar& confession can s%ll be mi%$a%n$, when with the consent of the
!blic !rosector, there is an amendment in the informa%on Y s%ll "olntar& confession @as was held in
the midterms
 8olntar& confession is sall& done drin$ arrai$nment
 What has been admiDed need not be !ro"en b& e"idence; )d$ment can alread& be rendered bt both
sides can s%ll !resent e"idence to !ro"e a$$ra"a%n$ or mi%$a%n$ circmstances
 Arrai'nmnt – char$es are bein$ read to the accsed in o!en cort in a lan$a$e (nown to him; if the
char$es are read in a lan$a$e not (nown to him, the arrai$nment or !lea is void'
 It is the dt& of corts to read char$es in a lan$a$e (nown to him
 $romul'a%on – !h&sical and actal readin$ of the sentence to the accsed

 can be limited to )st the dis!osi%"e !or%on @the wherefore clase
NO!" #$%
CRIMINALLAW Pag:eo
;
1f43
 if there is an acHui/al, the decision is nal and e<ector& and not a!!eallable becase of the ris( of
doble )eo!ard&
 if there is a convicon, the accsed has = da&s to a"ail of le$al remedies, if not a"ailed aer, the
con"ic%on becomes nal and e<ector&
 asis (or mi%'a%on+lesser perversit! of the o+ender
Q: +ow man& MC? two
= 8olntar& srrender .rdinar& @not $eneric

B 8olntar& confession of $ilt
-ara$ra!hs  to => are all ordinar& mi%$a%n$
Reason for considerin$ "olntar& srrender mi%$a%n$?

=' Act of re!entance and
B res!ect for law, and
' sa"es %me, resorces and ener$& for his search and ca!tre
7o whom mst 8# be done?

-ersoninathorit&, 0ene @!'>
A$ent
e'$' of -IA
6r$&' Chairman
Cit& Ma&or
Gd$e, 5o"ernor
-rosector, Con$ressman
-resident, -rofessors, 7eachers
A$ents
-olice oPcers
Members of AK-
6r$&' 7anods
N6I a$ents
#heri3s
illd nei$hbor, srrender to Amrao, "olntar& srrender? 4es'
6oard members of 5#I#? 4es'
NO!" #$%
CRIMINALLAW Pag:eo
<
1f43
.f Landban(? 4es'
06-? 4es'
###? 4es'
-A5C.R? 4es'
Q: #!!osin$ accsed aer (illin$ nei$hbor )st sta&ed in his hose' When !olice oPcers arri"ed, went
with them "olntaril& mit? No'
oluntar! surrn#r not s!non!mous 6ith nonPi'ht.
0irect, !osi%"e, ne9i"ocal act showin$ an inten%on to sbmit himself "olntaril& either sa"e the $o"t
from the %me and e<!enses or as a si$n of ac(nowled$ment of $ilt or re!entance @Amrao
.3ender on radio that he was = ss!ect in sla&in$ of !oli%cian, he came to the !olice to clear his name,
he has a !endin$ case for ra!e' 8olntar& srrender? No'
Will srrender onl& if

= +e is $i"en s!ecial treatment
B ref
 aircon
8olntar& srrender? No'
Aer commi^n$ crime, accsed went into hidin$' +e was fond aer se"eral months' +idin$ !lace
srronded b& athori%es'
+e came ot sa&in$ I srrender' 8#?

No @ Internal Meanin$ of s!ontaneos'
Toluntary Confession &ar6 1. of $rt6146
A case for homicide led a$ainst accsed in 6atanes' 1!on learnin$, the accsed hidin$ in 7awitawi
srrendered to 6r$&' Chairman of 7awitawi?
4es' -lace of srrender not si$nicant' It need not be the !lace where the case is led'
Q: -hil' Ambassador to Astralia, if accsed is in Astralia !on learnin$ of the case led? 4es'
Q: If srrendered to Astralian -rime Minister? No, not a -IA or a$ent nder the -hil laws
Q: .n the wa& to the !olice !recinct, was a!!rehended? 4es'
NO!" #$%
CRIMINALLAW Pag-eo
,
1f43
Q: 0id not o3er resistance? No'
Q: Issed warrant, srrendered to 6r$&' 7anod? 4es'

/"en if warrant is alread& issed? 4es, as lon$ as not ser"ed'
=> months aer issance, srrendered? No' No lon$er s!ontaneos'
#rrender to motherinlaw? No'
Q: Re9isites of 8C5:
Com!etent cort meanin$?

Cort tr&in$ the case
.!en cort meanin$? /"en if doors are closed?
4es'
Reason behind 8C5? Act of re!entance, Ac(nowled$ment of $ilt
Accsed willin$ to !lead $ilt& with condi%on

Ref, aircon, com!ter set? No'
When to !lead? Arrai$nment'
-retrial? @7here is !resenta%on of witnesses, docments, and $ist of tes%mon&

Aer ins!ec%on of e"idence and conclsion, the e"idence a$ainst him is stron$'
#ta$es
Arrai$nment
-retrial
7rial
.NL4 #16MI##I.N, N.7 -R/#/N7A7I.N
-rosec !resented =st e&ewitness, clear  con"icnin$ tes%mon&

Aer =st witness, concldin$ that he wold be con"icted , withdrew $ilt& !lea' Mi%$a%n$? No'
N'6' N.7 !rior to termina%on

Witness onl& swornin, no tes%mon& &et mi%$a%n$? 4es'
NO!" #$%
CRIMINALLAW Pag-eo
1
1f43
Amend info to a lesser o3ense w2o !rotest willin$ to !lea $ilt&, mi%$a%n$? 4es'
Ar%cl 13&G) 9 -a(nss an# -umbnss

 mst restrict the means of ac%on, defense or commnica%on with others
 asis (or mi%'a%on+o+ender does not have complete reedom o acon 8 diminuon of reedom and
voluntariness
6ald? No'
6lind? 4es'
-ar%al blindness? 4es'
0eaf b& one ear? 4es'
Cri!!led? 4es'
7oothless? 4esU
When mst the !h&sical defect be !resent? At the %me of the commission of the crime'
.R0INAR4 MI7'
Le$al e3ects'
Ar%cl 13&F) 9 Illnss

 the o3ender has diminished e<ercise of will!ower; loss of will!ower ma& e"en be e<em!%n$
 de!ri"a%on of consciosness

asis (or mi%'a%on+diminuon of intelli"ence and intent
 Accsed !rosected for sim!le the @sho!liin$ in a mall

 0rin$ trial, it was !ro"ed that he was a (le!tomaniac' Mi%$a%n$? 4es'
 If !rosected for frstrated homicide?

 No, not related to the o3ense commiDed'
 Accsed !rosected for ra!e' 0rin$ trial !ro"ed to be se< maniac, Mi%$a%n$? 4es'
 N. C.N7R.L .K 7+/IR .WN WILL A# KAR A# 7+/ .KK/N#/ I# C.NC/RN/0
 #ame factse< maniac' -rosected for Robber&? No'
Ar%cl 13&1=) 9 Othr Analo'ous Circumstancs
NO!" #$%
CRIMINALLAW Pag-eo
+
1f43
/<am!le?
6lind, > &ears old> &ears of a$e
Res%t%on "olntar& srrender'
Creditor, debtor'
Rnnin$ awa& and refses to !a&'
8ic%m bro$ht to the hos!ital for treatment "olntar& srrender'
5i"in$ "ic%m a certain amont forX "olntar& confession'
Gealos&' 4o saw &or $irlfriend wal(in$ handinhand with another man, &o in*icted !h&sical in)ries?
-assion or obfsca%on'
.ther mit' Circ' In the R-C?

Infan%cide or abor%on to conceal dis$race or dishonor'
Adlter& there is abandonment b& the o3ended !art&' @1n)s%ed
'rcle 1*
Q: What are a$$ra"a%n$ circmstances?

 those if !resent, are not atoma%call& o3set b& mi%$a%n$ circmstances
 ma& increase the !enalt& !ro"ided b& the law withot e<ceedin$ the ma<imm !enalt& or it chan$es
the natre of the crime
 Classicaon+
1. ?nric – those that $enerall& a!!l& to all crimes, e$' Recidi"ism, Aid of Minors, Ad"anta$e ta(en b&
-blic -osi%on, etc
2. 0pcic – those that a!!l& to !ar%clar crimes, e$' I$nomin&, 7reacher&
3. uali(!in' – 7hose that chan$e the natre of the crime, e$' 7reacher&, /"ident -remedita%on, Crelt&,
etc'
4. Inhrnt – necessit& accom!anies the commission of the crime, e$' se< is inherent in crimes a$ainst
chas%t&
 -i7rnc bt6n ?nric an# uali(!in'

?NRIC HALIIN?
 can be o3set b& an ordinar&  cannot be o3set b& an ordinar&
mi%$a%n$ circmstance mi%$a%n$ circmstance
NO!" #$%
CRIMINALLAW Pag-eo
3
1f43
 the le$al e3ect is to increase  it chan$es the natre of the crime
the !enalt& to the ma<imm  $i"e the crime its !ro!er and e<clsi"e
withot e<ceedin$ the limit name
 +oth Huali!in" and "eneric circmstances must be alle"ed in the informaon; the !rosec%on canSt
!ro"e an a$$ra"a%n$ circmstance drin$ trial @!'B  in the com!arison !art in the Re&es boo( is
wron$
 Ar%cl 14&1) 9 A#"anta' an o( $ublic $osi%on

 a "eneric a$$ ra"a%n$ circmstance
 based on Re!blic Act E, in crimes commiDed b& a !blic oPcer, the !enalt& !rescribed b& law is
alwa&s at the maimum, re"ardless of the mi"an" circumstances presented and re"ardless of the
nature of these mi"an" circumstances
 $ublic O8cr – for ad"anta$e ta(en to be a!!reciated, s2he mst se the in*ence, !res%$e or
ascendanc& which his oPce $i"es him as the means b& which s2he realiJes his !r!ose'
 7here shold be a deliberate intent to use the inAuence, pres"e or ascendancy
 Is it eno$h that the o3ender is a !blic oPcer? ), he has to use the inAuence, pres"e or
ascendancy $i"en to him b& his oPce
 %upposin", a !olice oPcer enters the hose then %es ! the residents and robs them, can the
a$$ra"a%n$ circmstance of ad"anta$e ta(en of !blic !osi%on be a!!reciated? 4/#
 %upposin", a traPc enforcer ta(e o"er the car of a dri"er and s!eeds awa&, he is con"icted of robber&,
can the a$$ra"a%n$ circmstance of ad"anta$e ta(en of !blic !osi%on be a!!reciated? 4/#
 %upposin" some members of the baran$a& concil as(ed for nancial s!onsorshi! for the edca%on of
the commnit&, then the !ro)ect trned ot to be false, can the a$$ra"a%n$ circmstance of
ad"anta$e ta(en of !blic !osi%on be a!!reciated? 4/#
 %upposin", if these crimes were aDendant of ne$li$ence, !assion or obfsca%on, "indica%on, or
sPcient !ro"oca%on, can the a$$ra"a%n$ circmstance of ad"anta$e ta(en of !blic !osi%on be
a!!reciated? ), becase these circmstances are incompable with ad"anta$e ta(en of !blic
!osi%on since deliberate intent is absent in these instances
'
 %upposin", a !olice in"es%$ator as(ed a ra!e "ic%m to enter a room where he commiDed acts of
lasci"iosness on the ra!e "ic%m, can the a$$ra"a%n$ circmstance of ad"anta$e ta(en of !blic
!osi%on be a!!reciated? 34&
 7he a$$ra"a%n$ circmstance of advanta"e ta#en o public posion is ); a!!reciated when the
public posion is an inte"ral element or inherent in the o+ense; In the 3 crimes, !blic !osi%on is
inherent:
 briber&  mal"ersa%on of !blic fnds
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 indirect briber&  falsica%on of !blic docments
 RA >=E  other crimes a$ainst !blic oPcers nder the R-C
 asis (or th a''ra"a%on+the "reater per(ersity of 1 personal circumstances o the o:ender, and 2
means used to secure commission o the crime
 Ar%cl 14&2) 9 Contmpt or Insult to $ublic Authori%s

 :eDuisites:
1. the !blic athorit& is en$a$ed in the e<ercise of his oPcial fnc%ons
2. the !blic athorit& is not the "ic%m of the crime
3. o3ender (nows him to be a !blic athorit&
4. his !resence has not !re"ented the o3ender from commi^n$ the crime
 %upposin", one #nda&, the ma&or )st nished mass, he saw two !eo!le $h%n$, he mediated !on
introdcin$ himself, can the a$$ra"a%n$ circmstance of contem!t or inslt of !blic athori%es be
a!!reciated? 34&, becase re$ardless of the da&, e"en if #nda& is not a wor(in$ da&, the oPcial
fnc%on of the ma&or, in this case to maintain !eace and order, does not sto! as lon$ as he is within
his )risdic%on
 %upposin", sin$ the same facts abo"e, the two !eo!le aDac(ed the ma&or, can the a$$ra"a%n$
circmstance of contem!t or inslt of !blic athori%es be a!!reciated? ), becase the !blic
athorit& shold not be the o3ended !art&
 %upposin", sin$ the same facts, bt the ma&or aDended the mass in another town, can the
a$$ra"a%n$ circmstance of contem!t or inslt of !blic athori%es be a!!reciated? ), becase
media%n$ wold not be !art of his oPcial fnc%ons in that other town'
 %upposin", sin$ the same facts abo"e, bt the two !eo!le did not (now that the one media%n$ was
in fact the ma&or, can the a$$ra"a%n$ circmstance of contem!t or inslt of !blic athori%es be
a!!reciated? N., the o3enders ha"e to (now that he is the ma&or or a !blic athorit&
Q: #!!osin$ ma&or of town O aDendin$ weddin$ in town 4' A crime was commiDed' A$$ra"a%n$?
No' Mst be within his )risdic%on' Not en$a$ed in oPcial d%es'
 Ar%cl 14&3) 9 -isr'ar# o( Ran, A', 0/ or -6llin' o( th O7n## $art!
 there are K.1R circmstances in this !ara$ra!h
 ran(, a$e, se< ha"e a common denominator Y res!ect de to o3ended !art&
 -isr'ar# o( ran o( th o7n## part!

 a "eneric a$$ra"a%n$ circmstance Y can be o3set b& an ordinar& mi%$a%n$ circmstance
NO!" #$%
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 not a!!licable to cases aDendant of ne$li$ence or carelessness
 not a!!licable to cases aDendant of !assion or obfsca%on, "indica%on or those with sPcient
!ro"oca%on Y becase of the lac( of intent
 this can be done to a !erson in athorit& or his a$ent
 there shold be deliberate intent to disre"ard or insult Y accom!anied with the di3erence in ran(, and
manifested b& deliberate acts
 inherent in the crime of direct assalt

 %upposin", a ser$eant was dri"in$ a )ee! in a careless manner, then he hit a $eneral, can the
a$$ra"a%n$ circmstance of disre$ard of ran( be a!!reciated? ), there was no deliberate intent to
disre$ard the ran( of the $eneral
 %upposin", !h&sical in)ries were made a$ainst -rof' Amrao b& his stdent, can the a$$ra"a%n$
circmstance of disre$ard of ran( be a!!reciated? 34&, becase -rof' Amrao is a !erson in athorit&
and ran(s hi$her than the stdent'
 %upposin", a ser$eant sees his wife embracin$ a $eneral, then he ran o"er them, can the a$$ra"a%n$
circmstance of disre$ard of ran( be a!!reciated? ), becase this circmstance was aDendant of
!assion or obfsca%on
 -isr'ar# o( a' o( th o7n## part!

 a $eneric a$$ra"a%n$ circmstance Y can be o3set b& an ordinar& mi%$a%n$ circmstance
 for this circmstance to be a!!reciated, the dis!arit& of a$e between o3ender and "ic%m can be
determined if the "ic%m can be the father of the accsed; a dis!arit& of = &ears or more
 tender a"e Y for children;old a"e Y for old !eo!le
 %upposin", the o3ender was E> &ears old when he stabbed the =>&ear old "ic%m, can the
a$$ra"a%n$ circmstance of disre$ard of a$e be a!!reciated? 34&, e"en if the o3ender was also "er&
old, the dis!arit& of their a$es s%ll maDers
 -isr'ar# o( s/ o( th o7n## part!

 a $eneric a$$ra"a%n$ circmstance Y can be o3set b& an ordinar& mi%$a%n$ circmstance
NO!" #$%
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 the "ic%m contem!lated in this !ara$ra!h shold be a woman
 the o3ender shold act with deliberate intent to disrespect the woman
 disre$ard of se< is absorbed in treacher&
 dwellin$ ma& mean tem!orar& dwellin$
 -6llin'
 a !lace or strctre that sa%ses the re9irements of domes%c life of a !erson
 there no pro(ocaon on the !art of the o3ended !art&
 all the in"redients of the crime shold be done in the dwellin$
 if the o3ender and o3ended are both occ!ants of the same hose, dwellin$ cannot be a!!reciated
 %upposin", the crime was commiDed in the "ara"e o the house, can the a$$ra"a%n$ circmstance of
dwellin$ be a!!reciated? 34&, becase the $ara$e is !art of the dwellin$
 %upposin" the crime was done in the roo ? 34&
 %upposin", a child was #idnapped while at the stairs o the dwellin" , there was no ransom bt the
child was #illed in Cavite, can the a$$ra"a%n$ circmstance of dwellin$ be a!!reciated? 34&, becase
the stairs is s%ll !art of the dwellin$
 %upposin", a husband #ills his wie in their con)$al dwellin$, can the a$$ra"a%n$ circmstance of
dwellin$ be a!!reciated? )
 %upposin", the housemaid #illed the emplo!erGs child , can the a$$ra"a%n$ circmstance of dwellin$
be a!!reciated? )
 %upposin", the accused was on the road when he shot the "ic%m who was at the stairs, can dwellin$
be a!!reciated? 34&
 %upposin", if the vicm was in the !ard "oin" to the direcon o the stairs, can the a$$ra"a%n$
circmstance of dwellin$ be a!!reciated? )
 %upposin", the vicm was about to step on the stairs? can the a$$ra"a%n$ circmstance of dwellin$
be a!!reciated? 34&
 %upposin", the emplo!er raped their maid , can the a$$ra"a%n$ circmstance of dwellin$ be
a!!reciated? )
 %upposin", the housebo! #illed the housemaid, can the a$$ra"a%n$ circmstance of dwellin$ be
a!!reciated? )
 %upposin", the wie #illed her husband in the con)$al hose, can the a$$ra"a%n$ circmstance of
dwellin$ be a!!reciated? )
NO!" #$%
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 %upposin" the wie commits adulter!, can the a$$ra"a%n$ circmstance of dwellin$ be a!!reciated?
34&
 %upposin", the owner of the hose and the dwellin$ of the "ic%m, where the vicm was a tenant, can
the a$$ra"a%n$ circmstance of dwellin$ be a!!reciated? 34&, becase dwellin$ ma& mean tem!orar&
dwellin$
 %upposin", the owner was #illed in the toilet, can the a$$ra"a%n$ circmstance of dwellin$ be
a!!reciated? 34&, becase the toilet is !art of the dwellin$
 %upposin", the owner o the house was #illed L00 meters rom the toilet which was sitated otside
the hose, can the a$$ra"a%n$ circmstance of dwellin$ be a!!reciated? ), becase if &o destro&
the toilet, the hose remains intact
asis o( th a''ra"a%on+Place o the commission of the crime; the sanc%t& of !ri"ac& that the law
!ro"ides the hman abode
Q: +ow man& ACSs? F
=' Ran(
B' #e<
' A$e
F' 0wellin$
Q: Ran( and abse of !blic fnc%ons can coe<ist?

4es
w2 #-? No, incom!a%ble
w2 -2.? No
Q: Is it eno$h that the o3ended oart& be of hi$her ran(?

No' 0eliberate intent and with disre$ard
- #ame with a$e
- #ame with se< @not eno$h that o3ended !art& is a woman
Q: 0isre$ard of ran(' Kelon& commiDed with ne$li$ence?

No' 0eliberate intent and ne$li$ence are incom!a%ble
- With -2.? No'
- -ro"oca%on? No
- 8indica%on? 4es
Q: 5eneral has illicit rela%ons with a wife of a #er$eant' #er$eant saw them in %$ht embrace, shoots the
5eneral' A$$ra"a%n$?
No' with !assion and obfsca%on @!2o
8indica%on of $ra"e o3ense with disre$ard of ran(? 4es the& are not inconsistent'
NO!" #$%
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'"e
Q: Accidental mee%n$ between o3ender and o3ended?

No' mst ha"e deliberate intent
Q: #!r of the moment?
No' same reason' A!!lies also to Ran(
6& accident? No'
Ran is a 'nric
Q: what is the Le$al e3ect?

– Not o3set b& an& ordinar& mi%$a%n$ circmstance' Raises the !enalt& to the ma<imm
- Can be o3set b& mit circmstance
Q: When there are B or more $eneric a$$, not o3set b& ordinar& mit, can the !enalt& $o be&ond the ma<
!rescribed b& law? No'
When there are =>? No'
Mst not e<ceed the !enalt& !rescribed b& law for the o3ense
What is the re9ired a$e di3erence? = &ears at least @cold be the father
Le$al e3ect? – Not o3set b& an& ordinar& mi%$a%n$ circmstance' Raises the !enalt& to the ma<imm
- Can be o3set b& mit circmstance
When there are B or more $eneric a$$, not o3set b& ordinar& mit, can the !enalt& $o be&ond the ma<
!rescribed b& law? No'
When there are =>? No'
Mst not e<ceed the !enalt& !rescribed b& law for the o3ense
What is the re9ired a$e di3erence? = &ears at least @cold be the father
A$e is $eneric
E o3ended; E> o3ender – a$e a$$ra"a%n$? No'
.ld man hmiliated &o in !blic' 4o stabbed him' A$$ra"a%n$? No' #Pcient !ro"oca%on is
incom!a%ble'
NO!" #$%
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4o aDac(ed a > &o man who led a criminal case a$ainst &o' A$$ra"a%n$? 4es' No !assion or
obfsca%on$'
-assion or obfsca%on mst arise from nlawfl ac%on'
4o stabbed an old man who aimed a re"ol"er at &o' Not a$$ra"a%n$' No sPcient !ro"oca%on'
A' is 'nric
E o3ended; E> o3ender – a$e a$$ra"a%n$? No'
.ld man hmiliated &o in !blic' 4o stabbed him' A$$ra"a%n$? No' #Pcient !ro"oca%on is
incom!a%ble'
4o aDac(ed a > &o man who led a criminal case a$ainst &o' A$$ra"a%n$? 4es' No !assion or
obfsca%on$'
-assion or obfsca%on mst arise from nlawfl ac%on'
4o stabbed an old man who aimed a re"ol"er at &o' Not a$$ra"a%n$' No sPcient !ro"oca%on'
#e<
Q: Considered in ra!e as a$$ra"a%n$?

No' inherent
5eneric
Can be a!!reciated in crimes a$ainst !erson? 4es bt not in ra!e @inherent
Accsed intended to (ill hsband'#aw hsband and wife wal(in$' Kired at the hsband bt hit the wife'
Not a$$ra"a%n$' No deliberate intent'
Wh& is se< a$$ra"a%n$? Wemen belon$ to the wea(er se<'
If the woman is a blac( belter? No lon$er a$$ra"a%n$' Reason for law donSt e<ist an&more'
Ran(, A$e, #e< and 0wellin$ – common element? R/#-/C7 @deliberate disre$ard of the res!ect
0wellin$
What is dwellin$? @Llo&d sed the deni%on in the boo(' MALI
5eneric
Comfor room a dwellin$? No'
0wellin$ – a !lace of strctre which sa%ses the re9irements of domes%c life of a !erson
NO!" #$%
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Is it eno$h that the crime be commiDed in the dwellin$? No' deliberate disre$ard of the res!ect de to
the o3ended !art& in the dwellin$'
- Incoma!a%ble with ne$li$ence

- Incom!a%ble with !2o
- Incom!a%ble with sPcient !ro"oca%on
8indica%on can coe<ist with dwellin$? 4es' 7he& are not incom!a%ble'
Accsed shot the "ic%m while on the roof' 0wellin$ is a$$ra"a%n$
Accsed was in the middle of the road' 8ic%m was brshin$ his teeth b& the window of the hose'
0wellin$ is a$$ra"a%n$, re$ardless of the loca%on of the o3ender
Accsed nder the hose of "ic%m' 8ic%m on the !!er !or%on' A$$ra"a%n$? 4es'
- Car!ort? 4es
- Comfort room of hose? 4es
- If the CR is >> meters from the hose? No' no lon$er an inte$ral !art of the hose'
8ic%m inside car' Car is in car!ort? 4es'
#on of owner of hose, ra!ed hosemaid' Not a$$ra"a%n$' Mst not be li"in$ in the same hose'
Maid onl& re!orts from  am to E !m' 7hen $oes home to famil&' No'
Kamil& dri"er re!orts from am to H!m' /m!lo&er was ot, dri"er ra!ed thesta&in hosemaid' 7his is
a$$ra"a%n$'
#iblin$s – brother (illed brother? No'
+sband (illed !aramor in con)$al room' A$$ra"a%n$ a$ainst the hsband? No
Wife had se< with a stran$er in the con)$al room' A$$ra"a%n$ a$ainst wife? 4es' #ee !a$e F'
/<ce!%on to the rle that dwellin$ is not a$$ra"a%n$ if both is li"in$ inside'
If the owner is the o3ender? No, as a $eneral rle
- /<ce!%on: lease – tem!orar& dwellin$
 Ar%cl 14&4) 9 Abus o( Con#ncJOb"ious Hn'rat(ulnss

 this !ara$ra!h contem!lates 7W. a$$ra"a%n$ circmstances
 Abus o( Con#nc – e<ists onl& when the o3ended !art& has trsted the o3ender who later abses
sch trst b& commi^n$ the crime' 7he abse of condence mst be a means of facilita%n$ the
NO!" #$%
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commission of the crime' 7he cl!rit ta(in$ ad"anta$e of the o3ended !art&Ss belief that the former
wold not abse said condence
 a "eneric a$$ra"a%n$ circmstance Y can be o3set b& an ordinar& mi%$a%n$ circmstance; can be
raised to the ma<imm
 7here are instances where abuse o condence is Huali!in" :

 9alied the  9alied ra!e
 9alied sedc%on
1.R*uisits+
o3ender had trsted the o3ended
2. o3ender absed sch trst with the commission of the crime
3. abse of condence facilitated the commission of the crime
 7here shold be direct relaonship and trust

 Condence mst be immediate and !ersonal
 Abse of Condence is inherent in the 3:
 mal"ersa%on  9alied the
estafa 9aliedsedc%on
 %upposin", lovers bro#e o: 1 wee# beore their encounter, can the a$$ra"a%n$ circmstance of abse
of condence be a!!reciated? )
 %upposin", a nann! #illed 2 !r$old child under her care, can the a$$ra"a%n$ circmstance of abse of
condence
and child be a!!reciated? ), becase there is no direct rela%onshi! and trst between the nann&
 %upposin", the nann! #illed the mother o that child nder her care, can the a$$ra"a%n$ circmstance
of abse of condence be a!!reciated? 34&, becase there is direct rela%onshi! and trst between
the nann& and the !arents of the child
 Hn'rat(ulnss – mst be ob"ios, manifest and clear

 a "eneric a$$ra"a%n$ circmstance Y can be o3set b& an ordinar& mi%$a%n$ circmstance; can be
raised to the ma<imm
 a!!licable to domes%c ser"ants, (a%walas, secrit& $ards
 not a!!licable to if o3ender and o3ended both li"e in the same hose
 asis (or a''ra"a%on: $reater !er"ersit& of the wa&s and means em!lo&ed
Abse of condence in estafa? Inherent'
.b"ios n$rateflness
NO!" #$%
CRIMINALLAW Pag;eo
+
1f43
/m!lo&er aDem!ted a$ainst the honor of hosemaid' Aer se"eral da&, em!lo&er in"ited hosemaid to
farm' Ra!ed hosemaid' No'
Abse of condence? Condence bro(en'
 Ar%cl 14&5) 9 $alac an# $lacs o( Commission o( O7ns

 this !ara$ra!h contem!lates K.1R a$$ra"a%n$ circmstances
 o:ender mst ha"e the intenon to commit a crime when he entered the !lace
 all the for circmstances are not a!!licable to cases aDendant of !assion or obfsca%on, immediate
"indica%on or those with sPcient !ro"oca%on Y becase of the lac( of intent
 not a!!licable to cases in"ol"in$ s!rs of the moment or chance mee%n$s
 Wisdom behind this circmstance: Wh& a$$ra"ate? WhatSs with the !lace? 6ecase the !lace deserves
respect @a!!lies to all the !laces men%oned nder this !ara$ra!h
 Crim commi;# in th $alac o( th Chi( /cu%"
 a "eneric a$$ra"a%n$ circmstance Y can be o3set b& an ordinar& mi%$a%n$ circmstance; !enalt& can
be raised to the ma<imm
 Is it necessary that the Chief /<ec%"e be there? )
 the !alace contem!lated here is the Malacanan$ -alace
 %upposin", the che o the Chie 4ecuve #illed a .anitor , can the a$$ra"a%n$ circmstance of !alace
of the Chief /<ec%"e be a!!reciated? 34&, the Chief /<ec%"e need not be there
 %upposin", a "uest shot to death 8N -i#e 'rro!o, can the a$$ra"a%n$ circmstance of !alace of the
Chief /<ec%"e be a!!reciated? 34&
 %upposin", sin$ the same facts abo"e, the crime was commi/ed in the lawn , can the a$$ra"a%n$
circmstance of !alace of the Chief /<ec%"e be a!!reciated? ), becase the lawn is not !art of the
!alace
 %upposin", sin$ the same facts abo"e, the crime was commi/ed in the presidenal mansion, can the
a$$ra"a%n$ circmstance of !alace of the Chief /<ec%"e be a!!reciated? ), becase the mansion is
not the !alace
 Crim commi;# in th $rsnc o( th Chi( /cu%"

 re9ires the personal presence of the Chief /<ec%"e
 Is it necessar& that the crime be commiDed in the -residen%al !alace? )
NO!" #$%
CRIMINALLAW Pag;eo
3
1f43
 %upposin", the president personall! saw the crime, can the a$$ra"a%n$ circmstance of in the
!resence of the Chief /<ec%"e be a!!reciated? 34&
 %upposin", the president, while watchin" television , saw the crime? can the a$$ra"a%n$ circmstance
of !alace of the Chief /<ec%"e be a!!reciated? )
 %upposin", onEboard a helicopter, the Chie 4ecuve saw the crime rom a distance
, can the
a$$ra"a%n$ circmstance of !alace of the Chief /<ec%"e be a!!reciated? 34&
 %upposin", the o:ender had no #nowled"e that the Chie 4ecuve was present or near the place of
the commission of the crime, can the a$$ra"a%n$ circmstance of !alace of the Chief /<ec%"e be
a!!reciated? )

Crim commi;# in th $lac 6hr $ublic Authori%s ar in th -ischar' o( thir -u%s
 em!hasiJes the place of the commission of the crime
 the !blic athorit& mst be in the e<ercise or !erformance of oneSs oPcial fnc%on
 Crim commi;# in a $lac -#icat# (or Rli'ious Worship

 em!hasiJes the respect that shold be a3orded to the !lace
 %upposin", there was no ceremon! in the church when the crime was commiDed, can the a$$ra"a%n$
circmstance of !lace dedicated for reli$ios worshi! be a!!reciated? 34&
 %upposin", there was no priest in the church, can the a$$ra"a%n$ circmstance of !lace dedicated for
reli$ios worshi! be a!!reciated? 34&
 %upposin", the crime was commiDed in a chapel inside a cemeter! the chapel is used onl! when
there are masses to be held or purposes o uneral services , can the a$$ra"a%n$ circmstance of
!lace dedicated for reli$ios worshi! be a!!reciated? ), the !lace of reli$ios worshi! shold hold
reli$ios ceremonies there re"ularl!
asis (or a''ra"a%on+$reater !er"ersit& shown b& the place of the commission of the crime, which must
be respected
5eneric
/m!hasis of !ar ? -LAC/ of the commission of the crime' @res!ect de to the !lace
-res No&no& in 7imes #t' Crime commiDed in Malacanan$ $ronds' @$arden' No, mst be in !alace itself,
not $arden'
If the con"o& was ca$ht in hea"& traPc' Accsed (new it was the !residentSs con"o&' CommiDed hold!
in the streets' A$$ra"a%n$? 4es
NO!" #$%
CRIMINALLAW Pag;eo
4
1f43
Incom!a%ble with ne$li$ence, !2o and s!'
-resident no&no& in helico!ter ho"erin$ o"er the !ro)ects' 7wo wor(ers had a $ht' .ne stabbed another
to death within "iew of !resident no&no&' A$$ra"a%n$? 4es'
-lace de"oted for reli$ios worshi!'
5eneric'
Is it eno$h that the crime be commiDed in a !lace decoted to reli$ios worshi!? No' deliberate intent'
Accsed ra!e "ic%m while !ra&in$ in #an 6eda Abbe&? 4es
If in a !ri"ate cha!el in &or hose? No' =' re$lar worshi!' Re$lar reli$ios worshi!' B' mst be o!en
to the !blic'
Cha!els in cemeteries? No'
-blic athori%es are en$a$ed in the !erformance – $enerice
Not necessar& that the -A mst be en$a$ed in the !erformance of fnc%ons' Wh&? /m!hasis is in the
!lace' Reason is the res!ect de to the !lace'
Chief )s%ce aslee! in his hose' 7he .Pce of Chief Gs%ce was robbed' A$$ra"a%n$? 4es
.Pce of #enate -res while #- was slee!in$ in his hose in the middle of the ni$ht? 4es
6.. I# WR.N5' It will collide with !ar B if it will be re9ired that the -A shold be in the e<ercise of his
fnc%ons'
 Ar%cl 14&@) 9 Ni'hQm, Hninhabit# $lac or an#

 this !ara$ra!h contem!lates 7+R// a$$ra"a%n$ circmstances
 all the three circmstances are not a!!licable to cases aDendant of !assion or obfsca%on or those
with sPcient !ro"oca%on
 Applicabl in cass 6hr:

1. the circmstance acilitated the commission o the crime
2. the circmstance was especiall! sou"ht or b& the o3ender to insre the commission of the crime or
for the !r!ose of im!nit&
 to commit the crime with more ease
 contem!lates a !lanned aDac(; not a mere enconter
NO!" #$%
CRIMINALLAW Pag;eo
9
1f43
3. the o3ender too# advanta"e of the circmstance or the purpose o impunit!
 to !re"ent bein$ reco$niJed or to secre himself a$ainst detec%on
 Ni'hQm
 a Huali!in" a$$ra"a%n$ circmstance Y cannot be o3set b& a mi%$a%n$; C@'N4& ;@4 ';%R4 )8
;@4 CR-4
 ni$h^me means: be$innin$ at the end of ds( and endin$ at dawn
 it is not eno$h that it was ni$h^me
 what is es!eciall& so$ht for b& the o3ender is the dar(ness of the ni$ht
 this circmstance is not a!!licable to cases in"ol"in$ accidents, accidental mee%n$s, chance
enconters, or s!rs of the moment
 %upposin", the crime was commiDed inside a dar# movie house at around *pm, can the a$$ra"a%n$
circmstance of ni$h^me be a!!reciated? ), becase was shold be es!eciall& so$ht for is the
dar(ness of ni$ht, not the dar(ness of the mo"ie hose when the li$hts were onl& o3 becase it was
onl& F in the aernoon
 %upposin", the crime was commiDed inside a movie house when the li"hts were sll open and the
me then was pm, can the a$$ra"a%n$ circmstance of ni$h^me be a!!reciated? ), becase e"en
tho$h it was ni$h^me, the !lace of the commission was wellli$hted when it was commiDed
 %upposin", the crime was commiDed in a place where it was wellEli"hted b! a -eralco li"htpost, can
the a$$ra"a%n$ circmstance of ni$h^me be a!!reciated? )
 Hninhabit# $lac
;@4 CR-4
 there shold be intent

 #!r of the moment – Not a!!licable
 What is considered is the reasonable possibility for the (icm to recei(e some help8 the de"ree of
di*culty of "i(in" assistance or help
 #olitde @mst be so$ht for to beDer aDain criminal !r!ose
 for an eas& and ninterr!ted accom!lishment of their criminal desi$n
 to insre concealment of the o3ense; secrit& a$ainst detec%on and !nishment
 an#
 more than three malefactors
 shall ha"e acted to"ether
;@4 CR-4
 What do &o mean b& armed? onl& $ns? N., (ni"es are considered; an&thin$ that can (ill a !erson
 A$$ra"a%n$ in crimes a"ainst property and crimes a"ainst persons; N.7 a!!licable in crimes a$ainst
chas%t&
NO!" #$%
CRIMINALLAW Pag;eo
:
1f43
 asis (or a''ra"a%on+me U place of the commission  means employed
+ow man& AC? 
Ni$h^me – $eneric @with )ris!rdence

Ni$h^me as absorbed in treacher& 9alies homicide to mrder
What is ni$h^me? -' 
H!m' Met in the classroom' #tabbed amrao' A$$ra"a%n$? No' classroom is well li$hted'
Incom!a%ble with: accidental mee%n$, ne$li$ence, !2o, s2!, s!r of the moment'
#tarted the crime at !m @snset nishes at == !m – a$$ra"a%n$? No' nset not dar( &et'
#tarted at  am – > !m – snrise? No'
0eliberate intent'
If the crime was nished onl& at ni$h^me – not a$$ra"a%n$
Mo"iehose' Li$hts o3? No'
Annoncement of total ecli!se casin$ total dar(ness from !m to  !m' 4o !lan to (ill &or nei$hbor
when the ecli!se set in' not a$$ra"a%n$
(illed drin$ fll moon'no clods co"ered the moon' N.
- Ni$h^me to be a$$ra"a%n$, the accsed mst ha"e so$ht the dar(ness of the ni$ht'
In crimes a$ainst !erson – ma& be an indicia of treacher&'
1ninhabited !lace
5eneric
Le$al e3ect?
Wh& a$$ra"a%n$? No !ossibilit& of recei"in$ hel! @7/#7
0eliberate intent
Incom!a%ble with ne$li$ence, s!, !2o, chance enconter, s!r of the moment,
Can treacher& absorb this ac? 4es'
6& 6and
5eneric
Absorbed b& treacher&? 4es
#&non&mos with s&ndicate? No
- B or more
- Not necessaril& armed
 !ersons commirDed robber&, onl&  armed' 6&a band? No' at least F armed'
Ar%cl 14&E) 9 On occasion o( calamit! or mis(ortun

 that the crime be commiDed on the occasion of a con*a$ra%on, shi!wrec(, earth9a(e, e!idemic or
other calamit& or misfortne
NO!" #$%
CRIMINALLAW Pag;eo
-
1f43
;@4 CR-4
 there shold be deliberate intent to ta(e ad"anta$e
 this circmstance is not applicable to cases in"ol"in$ accidents, accidental mee%n$s, chance
 this circmstance is not applicable to cases aDendant of ne$li$ence or carelessness
 not applicable to cases aDendant of !assion or obfsca%on or those with sPcient !ro"oca%on
Rason+ in the midst of $reat calamit&, instead lendin$ aid to the aicted, the o3ender adds to the
"ic%msS s3erin$ b& ta(in$ ad"anta$e of their ad"anta$e of their misfortne to des!oil
7he o3ender must see# or the calamit! as an opportunit! to ta(e ad"anta$e or to commit the c rime
 %upposin", the o3ender saw his mortal enem& in a *ood, then he (illed his mortal enem&, can the
a$$ra"a%n$ circmstance of be a!!reciated? )
asis (or a''ra"a%on+%me of the commission of the crime
-ARA5RA-+ 
- Qalif&in$
- Le$al e3ect
- 0eliberate intent – mst ta(e ad"anta$e of the calamit&
Incom!a%ble with ne$li$ence
Con*a$ra%on
Retrie"in$ &or !ro!ert&' Accidentall& met &or mortal enem&' #tabbed him' Not a$$ra"a%n$
Incom!a%ble with: !2o, s!r of the moment, s!
Con*a$ra%on  A stran$er too( &or !ro!er%es, what is the crime' Qalied the'
 Ar%cl 14&G) 9 Ai# or Arm# Mn, tc.

 that the crime be commiDed with the aid of @= armed men or, @B !ersons who insre or a3ord
im!nit&
 Arm# Mn
 at least two @B men; the law sa&s men; for @F men Y band alread&
;@4 CR-4
NO!" #$%
CRIMINALLAW Pag;eo
;
1f43
 Rul+ Casual prsnc of armed men is ); a""ravan"

 7he armed men mst ta(e !art directl! or indirectl! in the crime
 7he o3ender mst a"ail of the aid
 Mere moral or ps!cholo"ical aid or reliance is suFcient
 $ctual aid is ); necessar&
 $rsons 6ho insur or a7or# impunit!
 a Huali!in" a$$ra"a%n$ circmstance Y cannot be o3set b& a mi%$a%n$; C@'N4& ;@4 ';%R4 )8
;@4 CR-4
 these !ersons should ha(e or be in a posion to a3ord im!nit&
 Is a .ud"e a !erson who can a3ord im!nit&?34&

 Is an emplo!ee a !erson who can a3ord im!nit&? )
 Is a secretar! a !erson who can a3ord im!nit&? )
 Is a mistress a !erson who can a3ord im!nit&? )
 asis (or a''ra"a%on+means and wa&s of commi^n$ the crime
-ARA5RA-+ H
+ow man&? B
=' Aid of armed men

B' Aid of !ersons who a3ord im!nit&
Classica%on 9alif&in$
Le$al e3ect?
Re9irements:
=' 7oo( !art

B' A"ailed or relied
Armed men dis%n$ished from band:
B F
0irectorindirect directl& too( !art
What (ind of aid is contem!lated?
Moral or !s&cholo$ical will sPce; material
A and F friends decided to (ill Amrao' F friends all armed otside the $ate' A armed with licensed
re"ol"er' F friends will onl& hel! !on si$nal' A$$ra"a%n$? 4es'
NO!" #$%
CRIMINALLAW Pag;eo
<
1f43
Casal !resence of armed men alread& a$$ra"a%n$? No
-olice ma)or celebra%n$ bda&' In"ited sbordinates with ser"ice rearms' A $est stabbed another $est
– No
Im!nit&
Qalif&in$
Le$al e3ect?
e'$' rst $entleman a!!rochaed to !rotect &o aer (illin$ somebod& – 4es
Chieain of A66N-A @notorios' A$$ra"a%n$? 4es' Im!nit& for Criminal -rosec%on' Assrance that
there will be no com!lainant and witnesses – 4es' not re9ired to be le$al sorce'
Mistress of ma&or to a3ord im!nit& – &es
 Ar%cl 14&F) 9 Rci#i"ism

 Rci#i"ist – one who, at the %me of his trial for one crime, shall ha"e been !re"iosl& con"icted b&
nal )d$ment of another crime embraced in the same %tle of the R-C
 R*uisits+
1. that the o3ender is on trial for an o3ense
2. that he was !re"iosl& con"icted b! nal .ud"ment of another crime
3. that both the rst and the second o3ense are embraced in the same %tle of the R-C
4' that the o3ender is con"icted of the new o3ense
 %upposin", the rst o3ense was acts of lasci"iosness in =EH>, then the second o3ense in B>> was
aDem!ted ra!e, can the a$$ra"a%n$ circmstance of recidi"ism be a!!reciated? ), becase acts of
lasci"iosness and aDem!ted ra!e are not embraced in the same %tle of the R-C; acts of
lasci"iosnesscrimes a$ainst chas%t&; aDem!ted ra!ecrimes a$ainst !ersons
 %upposin" the rst o3ense in =EH> was aDem!ted ra!e, then the second o3ense in B>> was acts of
lasci"iosness, can the a$$ra"a%n$ circmstance of recidi"ism be a!!reciated? 34& becase
aDem!ted ra!e then in =EH> was embraced nder crimes a$ainst chas%t&, hence both crimes are
embraced in the same %tle of the R-C
Pardon does not obliterate the fact that the accsed was a recidi"ist
7he me or period between the two o+enses is immaterial

asis (or a''ra"a%on+inclina%on to crimes
NO!" #$%
CRIMINALLAW Pag<eo
,
1f43
-
Qalif&in$
-
Le$al e3ect
-
0eliberate intent – mst ta(e ad"anta$e of the calamit&
Incom!a%ble with ne$li$ence
Con*a$ra%on
Retrie"in$ &or !ro!ert&' Accidentall& met &or mortal enem&' #tabbed him' Not a$$ra"a%n$
Incom!a%ble with: !2o, s!r of the moment, s!
Con*a$ra%on  A stran$er too( &or !ro!er%es, what is the crime' Qalied the'
Recidi"ist – dene
8iola%on of s!ecial !enal laws  No, mst be in the R-C
#im!le the con"ict – !endin$ a!!eal
8iola%on of an% fencin$ law – No
Qalied the – !endin$ a!!eal
Accom!lice in aDem!ted robber& – no, nal )d$ment
6efore H – aDem!ted ra!e – ser"ed sentence
#li$ht !h&sical in)ries – N. not embraced
-blic interest in the same %tle of R-C
Kalsica%on of commercial docments
/stafa
- -o!ert&
=E>B>=>: not embraced in the same %tle'
Ar%cl 14&1=) 9 Ritracion or >abitualit!

 that the o3ender has been !re"iosl& !nished for an o3ense to which the law aDaches an e9al or
$reater !enalt& or for two or more crimes to which it aDaches a li$hter !enalt&
 R*uisits+
NO!" #$%
CRIMINALLAW Pag<eo
1
1f43
1' that the accsed is on trial for an o3ense
2' that he !re"iosl& ser"ed sentence for another o3ense to which the law aDaches an e9al or $reater
!enalt& or for B or more crimes to which it aDaches a li$hter !enalt& than that for the new o3ense
3' that he is con"icted of the new o3ense
-i7rnc bt6n Rci#i"ism an# Ritracion
RCI-II0M RIRACION
 its eno$h that a nal )d$ment  its necessar& that the o3ender shall
has been rendered for the =st o3ense ha"e ser"ed ot his sentence for
the =st o3ense
 re9ires that both o3enses be  =st and Bnd o3ense mst not be
embraced in the same %tle of the R-C embraced in same %tle of the R-C
 alwa&s ta(en into considera%on in  not alwa&s an a$$ra"a%n$
terms of the !enalt& to be im!osed circmstance
 !re"ios crimes mst be of e9al
or $reater in !enalt& @at least one
or at least two li$hter !enal%es
If the 2nd crime is an o:ense or crime punishable under a special law, it cannot be considered nder
reiteracion becase $rcles 13, 14, 1 of the :&C are not applicable to special law crimes, a!!licable
onl& to crimes dened nder the Re"ised -enal Code'
st
 %upposin", the = o3ense is ille$al !ossession of rearms @a s!ecial law crime, !nishable b&
reclsion tem!oral, while the Bnd o3ense is less serios !h&sical in)ries, can the a$$ra"a%n$
circmstance of reiteracion be a!!reciated? 34&, if the o+ender was pre(iously punished for a special
law crime or an o+ense, the nature of the crime is immaterial8 the emphasis is on the punishment or
penalty
 our orms o( Rp%%on

1. Recidi"ism 3. +abital 0elin9enc&2Ml%recidi"ism
2. Reiteracion or +abitalit& 4. Qasirecidi"ism
NO!" #$%
CRIMINALLAW Pag<eo
+
1f43
 >abitual -lin*unc! – when a !erson within a !eriod of => &ears from the date of release or last
con"ic%on of the crimes of serios or less serios !h&sical in)ries, robber&, the, estafa, or
falsica%on, fond $ilt& for a  rd %me or oener' A habital delin9ent shall s3er an addi%onal
!enalt&
 uasirci#i"ism – an& !erson who shall commit a felon& aer ha"in$ been con"icted b& nal
)d$ment before be$innin$ to ser"e sch sentence or while ser"in$ the same, shall be !nished b& the
ma<imm !eriod of the !enalt& !rescribed b& law for the new !enalt&'
 asis (or a''ra"a%on+inclina%on to crimes
Reiteraciion and recidi"ism – dis%n$ish
Mrder – !ardon' A$$ra"a%n$? 4es' -ardon does not obliterate'
ADem!ted homicide –  &ears !roba%on
Krstrated mrder – No'
#erios !h&sical in)ries – F &ears, !oba%on
Less serios – no
Classica%on – $eneric
Le$al e3ect?
ADem!ted homicide – not alle$ed bt !ro"ed drin$ trial – a!!reciate habitalit&? 4es, $eneric if
withot ob)ec%on
- 0is%n$ish from habital delin9enc& – natre of o3ense – => &ears re9ired

- +abitalit& – $eneric
- 6oth mst be alle$ed in the informa%on
 Ar%cl 14&11) 9 $ric, R6ar# or $romis

 a Huali!in" a$$ra"a%n$ circmstance Y cannot be o3set b& a mi%$a%n$; C@'N4& ;@4 ';%R4 )8
;@4 CR-4
NO!" #$%
CRIMINALLAW Pag<eo
3
1f43
7he price, reward or promise must be the sole movan" actor for commi^n$ the crime; mst be for
the !r!ose of indcin$ another to !erform a deed
7here should be two or more o+enders: the one who o+ers, the one who accepts it
Criminal $ar%cipa%on+ the one who o+ers is a principal b! inducement, the one who accepts is a
principal b! direct parcipaon
It is not necessar& that the !rinci!al b& direct !ar%ci!a%on recei"e the reward or !romise; what is
im!ortant is that the reward or !romise was the sole mo%"a%n$ factor otherwise the crime wold not
ha"e been commiDed
 %upposin", the one who commits the crime (nows of the reward or !romise alread&, can the
a$$ra"a%n$ circmstance of !rice, reward or !romise be a!!reciated? ), becase there was no
mo%"a%on alread&
 asis (or a''ra"a%on+$reater !er"ersit& by the mo(an" power itself
-rice, reward or !romise
- At least B or more o3enders

- Mst be the sole mi%$a%n$ !ower withot which there wold be no crime
- Qalif&inf – le$al e3ects
5i"in$ reward – !rinci!al b& indcement
Acce!tor – direct !ar%ci!a%on
Necessar& that accsed actall& recei"ed? N.
4o a!!roached a $nforhire' -aid >( to (ill Amrao' 5n for hire was his former stdent willin$ to (ill
Amrao withot !rice' A$$ra"a%n$? No'
 Ar%cl 14&12) 9 ! mans o( inun#a%on, r, tc.

 that the crime be commiDed b& means of innda%on, re, !oison, e<!losion, strandin$, of a "essel or
inten%onal dama$e thereto, derailment of a locomo%"e, or b& the se of an& other ar%ce in"ol"in$
$reat waste and rin
;@4 CR-4
 7here are instances when these circmstances are inherent in the crime, ths cannot be appreciated
as a$$ra"a%n$ circmstances:
1. b& means of re inherent in arson
2. b& means of derailment of locomo%"e – inherent in dama$e to means of commnica%on
3. b& means of e<!losion withot intent to (ill, inherent in destrc%on to !ro!ert&
NO!" #$%
CRIMINALLAW Pag<eo
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1f43
 -i7rnc o( $ar.E an# $ar.12

-ar' Y on occasion of calamit& or misfortne; not within o3enderSs control
-ar'=B Y the acts of $reat waste and rin are used by the o+ender as means
 asis (or a''ra"a%on: means and ways em!lo&ed
 Ar%cl 14&13) 9 "i#nt $rm#ita%on

;@4 CR-4
 "i#nt $rm#ita%on– the essence of sch is that the e<ec%on of the criminal act mst be
!receded b& cool tho$ht and re*ec%on !on the resol%on to carr& ot the criminal intent drin$ the
s!ace of %me sPcient to arri"e at a calm )d$ment
 R*uisits+
1. the me when the o:ender determined to commit the crime
2. an act manifestl& indica%n$ that the cl!rit has clun" to his determinaon; thro$h an o"ert act
3. the date O me when the crime was commi/ed@to com!te la!se of %me
4. a suFcient lapse o me between the determinaon and eecuon, to allow him to re*ect !on the
conse9ences of his act and to allow his conscience to o"ercome the resol%on of his will
 Is the a$$ra"a%n$ circmstance of /"ident -remedita%on com!a%ble with the mi%$a%n$ circmstance
Immediate 8indica%on of a Rela%"e for a 5ra"e .3ense? 34&, the mi%$a%n$ circmstance and
a$$ra"a%n$ circmstance can be a!!reciated'
 Can e"ident !remedita%on be !resent in error in personae? N.
 Can e"ident !remedita%on be !resent in aberrao ictus? N.
 %upposin", &o intended to (ill -rof' Amrao, thin(in$ it was him, &o shot at the !erson, who trned
ot to be 0ean Gara, can the a$$ra"a%n$ circmstance of e"ident !remedita%on be a!!reciated? ),
becase there shold be deliberate intent to (ill 0ean Gara

?nral rul+ In aberra%o icts, e"ident !remedita%on is N.7 a!!licable
NO!" #$%
CRIMINALLAW Pag<eo
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1f43
 /cp%on+ if there was a $eneral !lan to (ill an&one; if o3enders intended to (ill an&one
 asis (or a''ra"a%on+reference to the wa&s of commi^n$ the c rime becase e"ident !remedita%on
im!lies deliberate !lannin$ of the act before e<ec%n$ it
/lements: F
Classica%on – 9alif&in$
Le$al e3ects?
Incom!a%ble with ne$li$ence, s!r of the moment, accidental mee%n$, !2o, s!
8indica%on of $ra"e o3ense? 4es
/rror in !ersonae
$eneral rle: No
/<ce!t: if there is a $eneral !lan
Accsed has a s!ecic "ic%m bt willin$ to (ill a !erson who interfered' 4es
Abbera%o icts: No
 Ar%cl 14&14) 9 Cra, rau#, -is'uis

 that @= cra, @B frad, @ dis$ise be em!lo&ed
 this !ara$ra!h contem!lates >R a$$ra"a%n$ circmstances
;@4 CR-4
 Cra – in"ol"es intellectual tric5ery and cunnin" on the !art of accsed

 %upposin", the accsed pretended to be a customer, then he robbed the !lace, can the a$$ra"a%n$
circmstance of cra be a!!reciated? 34&
 %upposin" the accsed pretended to be a person in authorit!, for e<am!le !osin$ as Meralco oPcials,
then the& commit a crime, can the a$$ra"a%n$ circmstance of cra be a!!reciated? 34&
 rau# – insidious words or machinaons sed to indce the "ic%m

 0raudulent machinaons and "ra(e abuse of authority will be absorbed in the crime of rap
 Krad is inherent in the crime of estafa
 -is'uis – resor%n$ to an& de(ice to conceal identy
NO!" #$%
CRIMINALLAW Pag<eo
:
1f43
 #amples:
 wearin$ a mas(  se of an assmed name
 wearin$ a niform of a !olice oPcer
Q: Cra deni%on
It is Qalif&in$le$al e3ects
/<am!le: A, 6, C in order to (ill 0, told the laDer the& are $oin$ on cam!in$, (illed 0 in the forest
Krad
Qalif&in$ le$al e3ects
/stafale$al e3ect of frad
It is inherent in the commission of estafa inherent in Art' B=
0is$ise
When is there dis$ise?
Qalif&in$le$al e3ect
/<am!le: #e"eral members of 6onnet 5an$ commiDed robber& in the hi$hwa&

 asis o( a''ra"a%on+means em!lo&ed
Ar%cl 14&15) 9 Abus o( 0uprior 0trn'thJMans to Wan -(ns

 that @= ad"anta$e be ta(en of s!erior stren$th or @B means be em!lo&ed to wea(en the defense
;@4 CR-4
 there shold be deliberate intent to ta(e ad"anta$e of s!erior stren$th
Abus o( 0uprior 0trn'th – de!ends on the a"e, siBe, and stren"th of the !ar%es; it is considered
whene"er there is notorios ineHualit! of forces between the "ic%m and the a$$ressor, assessin$ a
s!eriorit& of stren$th notoriosl& ad"anta$eos for the a$$ressor which is selected or ta(en
ad"anta$e of b& him in the commission of the crime
If the "ic%m was alternatel! a/ac#ed, there is ) abse of s!erior stren$th
Mans to Wan th -(ns
 %upposin", the o:ender intoicated the vicm to materiall! wea#en her , can the a$$ra"a%n$
circmstance of means to wea(en defense be a!!reciated? 34&
Ar%cl 14&1@) 9 rachr! &Al"osia)
NO!" #$%
CRIMINALLAW Pag<eo
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1f43
 a specic a$$ra"a%n$ circmstance: onl& a!!licable to crimes a"ainst persons; can treacher& be
a!!reciated in ra!e? 34&
;@4 CR-4
enconters, or s!rs of the moment, or onthes!ot decisions to commit the crime
7reacher&
When is there treacher&
Qalif&in$ and s!ecic crimes a$ainst !erson
Qalif&in$chan$e the natre of the crime
Incom!a%ble with ne$li$ence, sPcient !ro"oca%on, !assion or obfsca%on
Can coe<ist with "olntar& confession of $ilt? 4es' With "olntar& srrender? 4es' 7he& are not
inconsistent withX
617 I# I7 #7ILL ACC1RA7/ 7+A7 7+I# Q1ALIK4IN5 A55RA8A7IN5 CIRC1M#7ANC/ CANN.7 6/ .KK#/7 64
AN4 MI7I5A7IN5 CIRC? 4es' 0i3erent fnc%ons' .ne is to chan$e the natre of the felon&' @A55 .ther is
to redce !enalt& b& one !eriod aer the o3ense is 9alied @MI7
0oes a !ri"ile$ed mit' Circ' .3set a 9alif&in$ a$$ra"a%n$? N.'

Knc%on of 9alif&in$ a$$' Circ' Is to chan$e the natre of the o3ense for which the accsed stands to
be !rosected'
Role of !ri"ile$e mi%$a%n$ circ' Is to redce the !enalt& b& one or two de$rees as the case ma& be from
the !ro!er !enalt& im!osed on the o3ense as 9alied'
Can coe<ist with "indica%on for a $ra"e o3ense? 4es'
ill nei$hbor
W2o treacher& +omicide @reclsion tem!oral
w2 treacher& Mrder @reclsion !er!eta to death
NO!" #$%
CRIMINALLAW Pag<eo
;
1f43
with = mit circ' @R- in medim, R- in minimm

with = !ri"' mit circ' R7 @one de$ree lower from R7
7reacher& can be a!!reciated in RA-/? 4es, crime a$ainst !ersons'

In a !rosec%on for ra!e, b& treacher& and abse of s!erior stren$th or cra, frad, dis$ise absorbed
in treacher&
In !rosec%on for M1R0/R 9alied b& treacher& and e"ident !remedita%on' Can /- be a!!reciated so
as to increase !enalt& in ma<imm? N.' absorbed in treacher&'
#ame with innda%on, re, !oison, e<!losion, !rice, reward or !romise'

Aid of armed men, !ersons who a3ord im!nit&, ni$h^me, calami%es or misfortne'
ALL Q1ALIK4IN5 A55RA8A7IN5 CIRC' /nmerated in -eo!le "s' -ala$anas can be absorbed b& treacher&'
#!!osin$ &o (illed &or nei$hbor with e"ident !remedita%on and em!lo&ed means to wea(en defense
and sed dis$ise and too( ad"anta$e of dee! *ood' +ow man& 9alif&in$? F
Assmin$ there was treacher&, how man&? 
Is it necessar& for the cort to consider all  to chan$e the natre of the felon&? No' 7reacher& will
sPce'
Now, what will ha!!en to the other F a$$ra"a%n$ circ? 0eemed absorbed in treacher&' 7he& can no
lon$er be a!!reciated to im!ose !enalt& in the ma<imm'
7/#7# in 7R/AC+/R4'
=' Is the aDac( sdden and ne<!ected?
B' Was the "ic%m $i"en an o!!ortnit& for defense?
' Was the means em!lo&ed deliberate and consciosl& ado!ted? @rd test is the most im!ortant'
Incom!a%ble with casal enconter e"en if = and B were !resent, if  is lac(in$, there is no treacher&'
Incom!a%ble with accidental mee%n$ s!r of the moment'
Incom!a%bel if (illin$ was !receded b& a heated ar$ment' @!lace the "ic%m on $ard to be !re!ared for
an& aDac(
/nterin$ car!ar(, "acant lot

Another "ehicle hrr&in$ towards the slot' 4o $ot in rst' 7here was a heated ar$ment' +e warned
&o, 6abali(an (ita' Aer two mintes shot &o' Was there treacher&? None'
If (illin$ was !receded b& threat, treacher&? No'

Lac(in$ 9es%on no' B'
NO!" #$%
CRIMINALLAW Pag<eo
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1f43
When aDac( consists of B or more sta$es

A$$ression is interr!ted fatal blowthere was treacher&
Con%nin$treacher& mst be !resent at the ince!%on
/<am!le of = @see $reen noteboo(
A saw his enem& 6

w2o an& warnin$ from behind, in*icted stab wonds'
6 was able to a"oid' .!en $ht followed, 6 *ed'
A immediatelt behind, stabbed 6' 6 died' Was there treacher&? None' 7reacher& was not consciosl&
ado!ted at the ince!%on and the a$$ression bein$ con%nin$'
/<am!le of B' -eo!le "' Canete, 1# "s' 6al&ot
A sa 6 in a bar' A challen$ed his enem& 6 in a $ht' 7he& fo$ht inside the bar' A hit 6 in the bac( b& !i!e,
6 died' What crime? +omicide onl&' Chance enconter, not treacher&'
Accsed fond to be into<icated nder in*ence of dr$s? M1R0/R' In*ence of ille$al dr$s 9alies
crime from homicide to mrder' @RA E= Com!rehensi"e 0an$eros 0r$s Act of B>>B
#!!osin$ "ic%m warned not to enter a certain area while wal(in$ alon$ the road, somebod& stabbed
him from behind, treacher&? 4/#' 5eneral warnin$ is not eno$h to remo"e treacher&'
 Is the a$$ra"a%n$ circmstance of 7reacher& com!a%ble with the mi%$a%n$ circmstance Immediate
8indica%on of a Rela%"e for a 5ra"e .3ense? 34&, becase there was intent to ta(e re"en$e
 Ruls r'ar#in' rachr!

1. a!!licable onl& to crimes a"ainst persons
2. means, methods, or forms need not insre accom!lishment of crime; onl! to insure eecuon
3. the mode of aDac( mst be consciousl! adopted
 R*uisits
1. 7hat at the %me of the aDac(, the vicm was not in a posion to deend himsel
2. 7hat the o3ender consciousl! adopted the parcular means, method or orm o a/ac# em!lo&ed b&
him
NO!" #$%
CRIMINALAW Pag1
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,1f43
 What is important to #trmin ar th (ollo6in'+

 the "ic%mSs abilit! to deend himself
 the mode of aDac( was consciousl! adopted
 Important *us%ons to ans6r+

1. Was the a9ac5 sudden and unepected?
2. 0id the o3ended ha"e any opportunity to defend himself?
3. Was the mode the a9ac5 deliberately or consciously adopted b& the acc sed to insre e<ec%on
withot ris( to the o3ender?
 If the answer to all these 9es%ons is 34&; then treacher! is present
 0ummar! o( th ruls+

1. When the a$$ression is a sin"le and connuous act , it mst be present ri"ht at the incepon or
!resent in the be$innin$ of the assalt
2. When the assalt is not connuous, or the a/ac# is divisible into two or more sta"es, or interrupted,
it is sPcient that treacher! was present at the me o the mortal blow was inficted '

%upposin",
aDac(ed there
each wascan
other, a heated
the a$$ra"a%n$ between the of
ar"umentcircmstance o3ender andbethe
treacher& o3ended before
a!!reciated? the& or
), either
both !ar%es shold ha"e been !re!ared
 %upposin", there was a warnin" from the o3ender, thena<er a ew minutes he a/ac#edthe "ic%m,
can the a$$ra"a%n$ circmstance of treacher& be a!!reciated? ), becase there was a chance to
deend himself and !ose a ris( to the o3ender
 %upposin", &or enem& was sleepin", &o ta!!ed him, then &oshot him as soon as he awa#ened,
can the a$$ra"a%n$ circmstance of treacher& be a!!reciated? 34&
 %upposin", the vicmGs hands and eet were ed , then mortal wounds were inficted on the "ic%m,
can the a$$ra"a%n$ circmstance of treacher& be a!!reciated? 34&
 %upposin", the o3ender buried hal o the vicmGs bod!, then he hac#ed the vicm to death , can the
a$$ra"a%n$ circmstance of treacher& be a!!reciated? 34&
 %upposin", the accsed shot the "ic%m who was ed to a coconut tree , can the a$$ra"a%n$
circmstance of treacher& be a!!reciated? 34&
 %upposin", there was a dispute over a par#in" space , then the accsed shot the "ic%m, can the
a$$ra"a%n$ circmstance of treacher& be a!!reciated? )
NO!" #$%
CRIMINALAW Pag1
e,o
11f43
 %upposin", the "ic%m su:ered rontal mortal wounds , immediatel&, can the a$$ra"a%n$ circmstance
of treacher& not be a!!reciated? ), becase ha"in$ frontal wonds is ); conclsi"e that there was
no treacher&
 %upposin", the "ic%m su:ered mortal wounds at the bac# , immediatel&, can the a$$ra"a%n$
circmstance of treacher& be a!!reciated? )
Not+ 7he locaon o the wounds does not $i"e rise to the !resm!%on of the !resence of treacher&
 %upposin", the vicm hid behind a drum where he cold not be seen b& the o3ender, the o3ender,
(nowin$ that the "ic%m was hidin$ behind the drm shot at the drm; the bullet penetrated the
drum and hit 34&

a!!reciated? the ,vicm which
becase the caused
vicm was not in, acan
his death the a$$ra"a%n$
posion to deendcircmstance
himsel of treacher& be
 %upposin", there was an a$reement to $ht
 ;reacher! cannot be presumed; mst be !ro"ed b&clear and convincin" evidence

 In treacher&, it is not necessar! that the !erson intended to be (illed was not the one actall& (illed
 Accordin$ to -rof' Amrao, treacher& is a !oli%cian and a bwa&a, becase it ta(es e"er&thin$;
becase treacher! absorbs all other a""ravan" circumstances
 asis (or a''ra"a%on+means and ways em!lo&ed
 A##i%onal nots (rom $ro(. Amurao+

 If the o3ender was under the infuence o dru"s in the crime of mrder or homicide, this can be
considered a 9alif&in$ a$$ra"a%n$ circmstance, e"en in the absence of treacher& @!rsant to RA
E=
 the use o an unlicensed rearm Y a s!ecial a$$ra"a%n$ circmstance for the crime of mrder or
homicide; before it was se!aratel& !rosected, bt now nlawfl !ossession is onl& a s!ecial
a$$ra"a%n$ circmstance that can increase the !enalt& to the ma<imm; no se!arate !rosec%on
 Ar%cl 14&1E) 9 I'nomin!

 that means be em!lo&ed or circmstances bro$ht abot which add i$nomin& to the natral e3ects of
the act
;@4 CR-4
 I'nomin! – a circmstance !ertainin$ to the moral order which adds dis$race and oblo9& to the
material in)r& cased b& the crime
 A!!licable to crimes a$ainst chas%t&, less serios !h&sical in)ries, li$ht or $ra"e coercion and mrder

7ct o( i'nomin!: the crime becomes more hmilia%n$ or to !t the o3ended !art& to shame
NO!" #$%
CRIMINALAW Pag1
e,o
+1f43
 %upposin", a woman was raped in the presence o her husband and children , can the a$$ra"a%n$
circmstance of i$nomin& be a!!reciated? 34&
 %upposin", a woman was raped while co"on "rass was wrapped around the penis o the o:ender ,
can the a$$ra"a%n$ circmstance of i$nomin& be a!!reciated? -rof' Amrao thin(s that this scenario
falls nder the a$$ra"a%n$ circmstance of cruelt!
 asis (or a''ra"a%on+means em!lo&ed
I5N.MIN4
Art, =H and =E -0 B, accom!lices in -0 B
Art' =E accessories An%fencin$ law -0 =HBE @.bstrc%on of Gs%ce
Art' BE -re"en%"e Im! and credi%n$
8ic%m all wonds frontal

7reacher& cannot be a!!reciated? No' Mere !resence of frontal wond is not conclsi"e that no
treacher& was em!lo&ed neither will !resence of bac( wonds be conclsi"e that treacher& was !resent'
Absent an& !roof as to how wond was in*icted'
8ic%m has )st awa(en, s%ll drows& when aDac(ed' 7reacher&? 4es'
Qes%on +or: Amrao #!ea(in$'
When there are B 9alif&in$, one will sPce to chan$e the natre of the crime' What will ha!!en to the
other 9alif&in$? 7he other will be considered as $eneric a$$ra"a%n$ circmstance !enalt& to the
ma<imm' @/<ce!t treacher&, becase treacher& will absorb them
N'6' .ther 9alif&in$ circ' Not in art BFH @mrder e'$' cra, frad, or dis$ise' 7he& are means of
treacher&, absorbed in treacher& in Art' BFH'
 Ar%cl 14&1G) 9 Hnla6(ul ntr!

 that the crime be commiDed aer an nlawfl entr&
;@4 CR-4
 Hnla6(ul ntr! – an entrance is e3ected b& a wa& not intended for

 $urpos – to e3ect e ntrance not for esca!e
NO!" #$%
CRIMINALAW Pag1
e,o
31f43
 %upposin", the window was used to "ain entr! into the house , can the a$$ra"a%n$ circmstance of
nlawfl entr& be a!!reciated? 34&
 %upposin", the owners of the hose commonl& use the window as their ordinar! means to enter the
house, then the accsed entered the door, can the a$$ra"a%n$ circmstance of nlawfl entr& be
a!!reciated? 34&
 1nlawfl entr& is inherent @ths cannot be a!!reciated as an a$$ra"a%n$ circmstance in the

followin$ crimes:
 robber& with force !on thin$s
 "iola%on of domicile @commiDed b& !blic !ersons
 tres!ass to dwellin$ @commiDed b& !ri"ate indi"idals
asis (or a''ra"a%on+means and ways em!lo&ed
 Ar%cl 14&1F) 9 rain' Wall

 that as a means to the commission of a crime, a wall, roof, *oor, door or window be bro(en
;@4 CR-4
 7o e3ect entrance onl&

 #hold be as a means to commit to crime

%upposin", the
then he shot theaccsed intended
nei"hbor toa$$ra"a%n$
, can the #ill his netEdoor nei"hbor
circmstance ofb! brea#in"
brea(in$ the
wall bewall se!ara%n$34&
a!!reciated? them,
 6rea(in$ wall is inherent in robber& with force !on thin$s
 Ar%cl 14&2=) 9 Ai# o( Minor or b! Mans o( Motor hicls

 that the crimes be commiDed @= with the aid of !ersons nder = &ears of a$e or @B b& means of
motor "ehicles, airshi!s or other similar means
 Ai# o( Minor
 in"ol"es the ta(in$ ad"anta$e of the childSs immatrit& or innocence
NO!" #$%
CRIMINALAW Pag1
e,o
41f43
 Hs o( Motor hicls

;@4 CR-4
 the o3ender shold deliberatel! see# or the use of the "ehicle
 the se of the motor "ehicle must be the means sed to commit the crime
 shold facilitate the commission of the crime
 %upposin", the accsed robbed a house then ound a car in ront o the house which he sed for his
esca!e, can the a$$ra"a%n$ circmstance of se of motor "ehicle be a!!reciated? ), becase the
crime was alread& accom!lished
 %upposin", the accsed robbed the passen"ers in a bus , can the a$$ra"a%n$ circmstance of se of
motor "ehicle be a!!reciated? 34&, e"en if it is a !blic "ehicle, the circmstance can be a!!reciated
 %upposin", a taicab was hired, then an ar"ument ensued inside where the accused #illed the vicm ,
can the a$$ra"a%n$ circmstance of se of motor "ehicle be a!!reciated? ), becase the motor
"ehicle was )st incidental to the crime
 Are motoriBed bi#esconsidered? 34&
 What if it is a motoriJed bi(e bt the motor is not used ? 34&
 Are roadErollers or >pison? considered? ), becase it is not motoriJed as contem!lated b& the L7.
1se of motor "ehicles is inherent in the crime of carna!!in$

Ar%cl 14&21) 9 Crult!
 that the wron$ done in the commission of the crime be deliberatel& a$mented b& casin$ other wron$
not necessar& for its commission
;@4 CR-4
 Crult! – when the cl!rit en.o!s and deli"hts in ma(in$ his "ic%m s3er slowl& and $radall&, casin$
the "ic%m nnecessar& !h&sical !ain in the consmma%on of the criminal act
 R*uisits+
1. 7hat the in)r& cased be deliberatel& increased b& casin$ another wron$
2. 7hat the other wron$ be nnecessar& for the e<ec%on of the !r!ose of the o3ender
 Is there crelt& when it is done a$ainst a dead bod!? ), becase it did not !rolon$ !ain since the
!erson was alread& dead
 Is there crelt& when it is done a$ainst an unconscious person? 34&
NO!" #$%
CRIMINALAW Pag1
e,o
91f43
 %upposin", a dead !erson was fond with 12L stab wounds, can the a$$ra"a%n$ circmstance of se
of motor "ehicle be a!!reciated? ), becase the nmber of wonds is immaterial with crelt&
 I'nomin! – moral s3erin$

Crult! – !h&sical s3erin$ !rolon$ed
 Crelt& cannot be presumed
 asis (or a''ra"a%on: ways em!lo&ed
'rcle 1L
 those which mst be ta(en into considera%on as a$$ra"a%n$ or mi%$a%n$ accordin$ to the natre and
e3ects of the crime and the other condi%ons aDendin$ its commission
 h (ollo6in' ar altrna%" circumstancs+

1. Rela%onshi!
2. Into<ica%on
3. 0e$ree of Instrc%on and /dca%on of the .3ender
 Ar%cl 15&1) 9 Rla%onship

 considered when the o3ended !art& is the:
a' ascendant
b' s!ose
c' descendant
d' le$i%mate, natral, ado!ted siblin$
e' rela%"e b& aPnit&
K/ %upposin", a stepdau"hter was raped b! her stepather , can the alterna%"e circmstance of
rela%onshi! be a!!reciated? 34&
 Rela%onshi! is mi"an" in crimes a"ainst propert! R%8':

1. robber& 3. fradlent insol"enc&
2. sr!a%on 4. arson
 Rela%onshi! is eempn" in crimes o the<, swindlin", or malicious mischie i the o:ender and
o:ended live to"ether
NO!" #$%
CRIMINALAW Pag1
e,o
:1f43
 Rela%onshi! is a""ravan" in crimes a"ainst persons when the o:ended is a relave o hi"her
de"ree than the o:ender or when the o:ender and o:ended are pares o the same level
 If the o3ended is a relave o lower de"ree, in the crime of less serious and sli"ht ph!sical in.uries,
relaonship is mi"an"
 If the o3ended is a rla%" o( hi'hr #'r, in the same crimes, rla%onship is a''ra"a%n'
 When the crime is homicide or murder, which reslted to the death of the "ic%m, relaonship is
a""ravan", re"ardless o de"ree '
 In crimes a"ainst chast! , rela%onshi! is '5'3& a""ravan"

Ar%cl 15&2)  Into/ica%on
a. mi"an" when:
 the drin(in$ is not habitual; or accidental
 if the into<ica%on is not subseHuent to the plan to commit a crime
 :eason for mi"aon: e<ercise of will !ower is im!aired

b. a""ravan" when:
 if habitual
 if into<ica%on is intenonal @fll& (nowin$ its e3ects as a s%mlant or subseHuent to the plan to
commit the crime
 :eason for a""ra(aon: bolstered cora$e to commit the crime @inten%onal; lessens resistance to e"il
tho$hts @habital
 Ar%cl 15&3) 9 Instruc%on or #uca%on

 what is measred is the de"ree of intelli"ence not the formal educaon
 Low de$ree of instrc%on2Lac( of edca%on – mi"an"

 +i$h de$ree of instrc%on; o3ender a"ails of intelli$ence  a""ravan"
 %upposin", the crime was done not in a civiliBed societ!, can the alterna%"e circmstance of low
de"ree of instrucon as a mi"an" circumstance 34&, it is a mi"an" circmstance
 %upposin", the accsed #illed a person , can the alterna%"e circmstance of low de"ree of instrucon
as a mi"an" circumstance be a!!reciated? ), becase #illin" is inherentl! wron"
 %upposin", the accsed commiDed the crime o treason , can the alterna%"e circmstance of low
de"ree of instrucon as a mi"an" circumstance be a!!reciated? ), becase lo"e for contr& is a
natral feelin$ that re9ires no de$ree of instrc%on
 %upposin", accsed commiDed crimes a"ainst chast! , can the alterna%"e circmstance of low
de"ree of instrucon as a mi"an" circumstance be a!!reciated? )
NO!" #$%
CRIMINALAW Pag1
e,o
-1f43
 %upposin", accsed commiDed crimes a"ainst chast! , can the alterna%"e circmstance of low
de"ree of instrucon as a mi"an" circumstance be a!!reciated? )
 %upposin", accsed commiDed the crime o murder, can the alterna%"e circmstance of low de"ree
of instrucon as a mi"an" circumstance be a!!reciated? )
 %upposin", a law!er commi/ed the crime o estaa, can the alterna%"e circmstance of hi"h de"ree
of instrucon as an a""ra(an" circumstance be a!!reciated? 34&
 %upposin", a doctor prepared a special poison to #ill the vicm , can the alterna%"e circmstance of
hi"h de"ree of instrucon as an a""ra(an" circumstance be a!!reciated? 34&
'rcle 1K
 ARICL 1@ 9 W>O AR CRIMINALLLIAL

the followin$ are criminall! liable or "rave and less "rave o:enses9
1. -rinci!als
2. Accom!lices
' Accessories
 the followin$ are criminall! liable or li"ht elonies9

1. -rinci!als 2. Accom!lices
 $ccessories are not liable or li"ht elonies becase the social wron$ is so small
 Ruls on li'ht (lonis
1. !nishable onl& when consmmated
2. when commiDed a$ainst !ersons or !ro!ert& and !nishable in the aDem!ted or frstrated
3. onl& !rinci!als and accom!lices are liable
4. accessories are not liable e"en in crimes a$ainst !ersons or !ro!ert&
 )nl! natural persons can be acve sub.ects of a crime contem!lated nder Ar%cle = of the R-C
Rasons+
1. 1nder the Re"ised -enal Code, !ersons act with !ersonal malice or ne$li$ence; ar%cial2)dicial
!ersons canSt act with malice or ne$li$ence
2. A )ridical !erson li(e a cor!ora%on canSt commit a crime that re9ires willfl !r!ose or malicios
intent
3. 7here is sbs%t%on of de!ri"a%on of libert& for !ecniar& !enal%es in insol"enc& cases
4. .ther !enal%es li(e des%erro and im!risonment Y e<ected on indi"idals onl&
NO!" #$%
CRIMINALAW Pag1
e,o
;1f43
'rcle 17
 ARICL 1E 9 $RINCI$AL0
 the followin$ are considered !rinci!als:
1. those who ta(e a direct !art in the e<ec%on of the act
-y Pirect &arcipaon)
2. those who directl& force or indce others to commit it -y Inducement)
3. those who coo!erate in the commission of the o3ense b& another act withot which it wold not
ha"e been accom!lished
-y Indispensable Cooperaon)
 Ar%cl 1E&1) 9 $rincipals b! -irct $ar%cipa%on &$-$)

 :eDuisites:
=' the& !ar%ci!ated in the criminal resol%on
B' the& carried ot their !lan and !ersonall& too( !art in its e<ec%on b& acts which directl& tended to
the same end
 In ml%!le ra!e, all the ra!ists are e9all& liable, re$ardless of de$ree of !ar%ci!a%on
 Withot the Bnd re9isite, there is onl! conspirac! Y ths there is no criminal liabilit!
 Ar%cl 1E&2) 9 $rincipals b! In#ucmnt &$I)

 &rincipals by Inducement are )3 liable when the &rincipal by Pirect &arcipaon commiDed the act
indced
 ;wo wa!s of becomin$ !rinci!al b& indc%on
1. b& directl& forcin$ another to commit a crime
2. b& directl& indcin$ another to commit a crime
 +! directl! orcin" another to commit a crime @no cons!irac& in"ol"ed

1. b& sin$ irresisble orce
2. b& casin$ uncontrollable ear
 +! directl! inducin" another to commit a crime
1. b& "i(in" price or o+erin" reward or !romise Y collec%"e criminal res!onsibilit&
2. b& sin$ words of command
 R*uisits (or th $rincipal b! In#ucmnt

1. that the inducement be made directl! with the inten%on of !rocrin$ the commission of the crime
NO!" #$%
CRIMINALAW Pag1
e,o
<1f43
2. that sch inducement be the determinin" cause of the commission of the crime
 In#ucmnt – ma& be b& acts of command, ad"ice, or thro$h in*ence or a$reement for
considera%on; the words of ad"ice or in*ence mst actall& mo"e the hands of the !rinci!al b& direct
!ar%ci!a%on
 7he inducement must be the determinin" cause for the commission of the crime b& the !rinci!al b&
direct !ar%ci!a%on, that is withot sch indcement the crime wold not ha"e been commiDed
 7he inducement must precede the act and mst be so in*en%al
 If there is a !rice or reward in"ol"ed, w<o prior promise Y no inducement
 +! usin" words o command
 the words mst be the mo(in" cause of the o3ense
1. that the one Derin$ the words of command must ha(e the intenon of procurin" the commission of
the crime
2. that the one who made the command must ha(e an ascendancy or in*ence o"er the !erson who
acted
3. that the words sed mst be so direct, so e*cacious, so !owerfl as to amont to !h&sical or moral
coercion
8cacious – it wold seem or it was frnished that the material e<ector or principal by direct
parcipaon had reason to belie(e or was made to belie(e that the deceased did somethin" wron"
4. the words of command must be u9ered prior to the commission of the crime; when the words were
u/ered a<er the commencementof the crime Y no inducement
5. the material eecutor has no personalreason to commit the crime
 -i7rnc bt. $rincipal b! In#ucmnt K O7n#r b! $roposal

$RIN.  IN-HCMN ON-R  $RO$O0AL
 indcement to commit the crime  indcement to commit the crime
 liable onl& when crime is commiDed  mere !ro!osal to commit is
b& the !rinci!al b& direct !ar%ci!a%on !nishable in treason  rebellion;
!erson !ro!osed to sholdnSt
commit the crime
 indcement in"ol"es an& crime a!!lies in treason  rebellion onl&
 Ar%cl 1E&3)  $rincipal b! In#ispnsabl Coopra%on &$IC)

 those who coo!erate in the commission of the crime b& another act withot which it wold not ha"e
been accom!lished
 Cooprat – means to desire or wish in common a thin$, bt that common will or !r!ose does not
necessaril& mean !re"ios nderstandin$ for it can be e<!lained or inferred from the circmstances of
each case
NO!" #$%
CRIMINALAW Pag1
e1o
,1f43
 R*uisits+
1. !ar%ci!a%on in the c riminal resol%on, that is, there is either anterior cons!irac& or nit& of criminal
!r!ose and inten%on immediatel& before the commission of the crime char$ed
2. coo!era%on in the commission of the crime b& !erformin$ another act, withot which it wold not
ha"e been accom!lished
 8irst reHuisite
 re9ires !ar%ci!a%on in the criminal resol%on
 there mst be cons!irac&
 concrrence is sPcient
 coo!era%on indis!ensable
 &econd reHuisite
 coo!era%on =V% be indis!ensable
 if dispensable, accsed is only an accomplice
 Collc%" Criminal Rsponsibilit! &CCR) – when the o3enders are criminall& liable in the same manner
and to the same e<tent; !enalt& is the same for all:
a' &rincipals by Pirect &arcipaon – CCR
b. &rincipals by Inducement – CCR with -rinci!als b& 0irect -ar%ci!a%on, e<ce!t those who
directl& forced another to commit a crime
c. &rincipals by Indispensable Cooperaon – CCR with -rinci!als b& 0irect -ar%ci!a%on
 In#i"i#ual Criminal Rsponsibilit! &ICR) – in the absence of !re"ios cons!irac&, nit& of criminal
!r!ose and inten%on immediatel& before the commission of the crime or commnit& of criminal
desi$n, the criminal res!onsibilit& arisin$ from di3erent acts directed a$ainst one and the same !erson
is indi"idal and not collec%"e, and each of the !ar%ci!ants is liable onl& for the act commiDed b& him
'rcle 1M
 ARICL 1G  ACCOM$LIC0
 Accom!lices are !ersons who, not bein$ inclded in Ar%cle =, cooperate in the eecuon of the crime
by pre(ious or simultaneous acts
 uasiCollc%" Criminal Rsponsibilit! – some of the o3enders in the crime are !rinci!als; others are
accom!lices
NO!" #$%
CRIMINALAW Pag1
e1o
11f43
 $ar%cipa%on!ro"ed b& posi(e Ucompetent e(idence; canSt be !resmed
 'ccomplices ha"e  no !re"ios a$reement

 no nderstandin$ with the -rinci!al b&
 noti ncons!irac& 0irect-ar%ci!a%on
 -i7rnc bt6n an Accomplic an# a Conspirator

ACCOM$LIC0 CON0$IRAOR0
 the& (now  a$ree with the  the& (now  a$ree with the
criminaldesi$n criminaldesi$n
 the& come to (now abot the  the& (now the criminal inten%on
criminal desi$n aer the cons!irators becase the& ha"e decided !on
ha"edecidedonit thecorseofac%on
 onl& concrs to the commission of  the& decide to commit the crime
the crime; the& do not decide; the&
merel& assent to it and coo!erate
 mere instrments !erformin$ acts  the& are the athors of the crime
N.7 essen%al to the !er!etra%on of
the crime
 R*uisits (or an accomplic+

=' that there be commnit& of desi$n; that is, 5nowin" the criminal desi"n of the principal by direct
parcipaon, he concrs with the laDer in his !r!ose
B' that he coo!erates in the e<ec%on of the o3ense by pre(ious and simultaneous acts with the
inten%on of supplyin" the material or moral aid in the e<ec%on of the crime in an ePcacios wa&
' that there be a rela%on between the acts done b& the !rinci!al and those aDribted to the !erson
char$ed as accom!lice
 Ruls on Accomplics+
NO!" #$%
CRIMINALAW Pag1
e1o
+1f43
1. the one who had the ori$inal criminal desi$n is the !erson who commiDed the resl%n$ crime @there
shold be a !rinci!al b& direct !ar%ci!a%on
2. an accom!lice coo!erates onl& with pre(ious or simultaneous acts
3. an accom!lice does not in*ict more or most serios wonds
 Moral ai# – ma& be thro$h ad"ice, encora$ement or a$reement

 /ampls o( pr"ious acts
 lendin$ of a wea!on, (nowin$ of the !r!ose
 frnishin$
 /ampls ao(dr$ or slee!in$acts
simultanous dr$, (nowin$ the !r!ose is for ra!e
 disarmin$ the "ic%m while the !rinci!al is aDac(in$
 !re"en%n$ the "ic%ms from recei"in$ hel!
 acted as a loo(ot, withot cons!irac&
 s!!l&in$ material or moral aid
 distrac%n$ the "ic%m
'rcle 1
 ARICL 1F  ACC00ORI0
 Accessories are those who, ha(in" 5nowled"e of the commission of the crime and without ha(in"
parcipated therein, either as !rinci!als or accom!lices, ta5e part subseDuent to its commissionin an&
of the followin$ manners:
1. by pro!n" themsel(es or assisn" the o+ender to !rot b& the e3ects of the crime
2. by concealin" or destroyin" the body of the crime or the e+ects or instruments thereof, in orderto
pre(ent its disco(ery
3. by harborin", concealin" or assisn" in the escape of the !rinci!al of the crime, !ro"ided the
accessor& acts with of his !blic fnc%ons or whene"er the athor of the crime is $ilt& of treason,
!arricide, mrder, or an aDem!t to ta(e the life of the Chief /<ec%"e or is (nown to be habitall&
$ilt& of some other crime
 $ccessories do not !ar%ci!ate; the& do not coo!erate

 $ccessories mst ha"e (nowled$e of the commission of the crime, then ta(es !art sbse9ent to the
commission, e$' fencin$
 Wnowled"e ma& be ac9ired aer the ac9isi%on of stolen !ro!ert&
NO!" #$%
CRIMINALAW Pag1
e1o
31f43
 /<am!les of by pro!n" themsel(es by the e+ects of the crime

 recei"ed stolen !ro!ert& and sed it
 shared in the reward for mrder
 /<am!les of assisn" the o+ender by the e+ects of the crime

 sells the stolen !ro!ert& for the o3enderSs benet
 rnners or coriers for !ic(in$! or $e^n$ the ransom mone&
 /<am!les of by concealin" or destroyin" the body of the crime -or the corpus delic)
 assisted in the brial to !re"ent disco"er&
 concealin$ or hidin$ wea!ons sed in the commission of the crime
 frnishes the means to sta$e the crime scene
 R*uisits (or Ar%cl 1F&3)+

a.  accessory is a public o*cer b. J accessory is a pri(ate person
 harbors, conceals, assists in the  harbors, conceals, assists in the
esca!e esca!e

 acts with abse of his !blic  crime of !rinci!al is treason,
fnc%ons !arricide,mrder,aDem!t
 crime of !rinci!al is an& crime a$ainst the life of the -resident,
notali$htfelon& a(nownhabitalcriminal
 If the !rinci!al is ac9iDed b& e<em!%on, accessor& ma& s%ll be con"icted

 $pprehension and con(icon of the !rinci!al is not necessar! for the accessor& to be held criminall&
liable
 If the !rinci!al is atlar$e or not &et a!!rehended, the accessor& ma& be !rosected and con"icted
 An%ncin' La6 o( 1FEF &$rsi#n%al -cr No.1@12)

 ncin' – is the act of an& !erson who, with intent to $ain for himself or for another, shall b&, recei"e,
!ossess, (ee!, ac9ire, conceal, sell or dis!ose of, or shall b& and sell, or in an& other manner deal in
an& ar%cle, item, ob)ect or an&thin$ of "ale which he (nows, or shold be (nown to him, to ha"e been
deri"ed from the !roceeds of the crime of robber& or the
NO!" #$%
CRIMINALAW Pag1
e1o
41f43
 nc – incldes an& !erson, rm, associa%on, cor!ora%on or !artnershi! or other or$aniJa%on
who2which commits the act of fencin$
'rcle 20
 ARICL 2= 9 ACC00ORI0SM$ ROM CRIMINAL LIAILI

 those who are e<em!t are the followin$:
a. s!oses c. descendants . rela%"es b& aPnit& w2in same de$rees
b. ascendants #. le$i%mate, natral, ado!ted siblin$s
 e<ce!t those that fall nder Ar%cle =E@=
 ?roun# (or /mp%on– %es of blood; !reser"a%on of the cleanliness of oneSs name
 Ne!hew or niece not inclded
 Accessories not eempt if the&:  !roted b& the e3ects of the crime
 assisted the o3ender to !rot
 $NALI0
 $nalt! – the s3erin$ that is in*icted b& the #tate for the trans$ression of a law
 -i7rnt :uri#ical con#i%ons o( pnalt!
!rodc%"eofs3erin$ certain
 commensrate with the o3ense  e9al for all
!ersonal
 correc%onal

 le$al
 $urpos o( punishmnt+o secure jusce

 horis :us%(!in' pnalt!
1. &re(enon – !re"ent or s!!ress the dan$er to the #tate
2. %elfJdefense – ri$ht to !nish; !rotect societ& from the threat or wron$
3. :eformaon – correct and reform the o3ender
4. #emplarity – !nishment for deterrence
5. Xusce – !nishment as an act of retrib%"e )s%ce
NO!" #$%
CRIMINALAW Pag1
e1o
91f43
 %ocial defense U eemplarity: )s%es the im!osi%on of the death !enalt&

 h pnal%s un#r th R$C ha" a 3(ol# purpos
1. :etribuon or epiaon– !enalt& commensrate with the $ ra"it& of the crime
2. Correcon or reformaon – shown b& rles that re$late e<ec%on of !enal%es consis%n$ in
de!ri"a%on of libert&
3. %ocial defense – shown b& its in*e<ible se"erit& to recidi"ists and habital delin9ents
'rcle 21E2
 ARICL 21 9 $NALI0>A MA  IM$O0-

 No felon& shall be !nishable b& an& !enalt& not !rescribed b& law !rior to its commission
 ARICL 22 9 RROACIC O $NAL LAW0

 -enal laws shall be retroac%"e in so far as the& fa"or the !erson $ilt& of a felon& and is not a habital
criminal
 ?nral Rul – !ros!ec%"e e3ect

 /cp%on – fa"orable to the accsed
 Rason (or th /cp%on– former laws re!ealed or amended are n)st
 Ar%cle BB does not a!!l& to the !ro"isions of the Re"ised -enal Code; bt a!!lies to @= !enal laws
enacted before the R-C, and @B !enal laws enacted sbse9ent to the R-C, which are more fa"orable
to the accsed
 Criminal Liabilit! o( rpal# la6s s%ll subsist 6hn+
1. there is a reenactment of the law
2. when the re!eal is b& im!lica%on
3. when there is a sa"in$ clase
 ARICL 23 9 $AR-ON  > ON-- $AR

 does not e<%n$ish criminal ac%on e<ce!t in Ar%cle FF of the R-C; bt an e<!ress wai"er can
e<%n$ish the ci"il liabilit& for the in)red !art&
 A !ardon b& the o3ended !art& does not e<%n$ish criminal ac%on, becase a crime commiDed is a
felon& or o3ense commiDed a$ainst the #tate, e$' estafa  e"en the o3ender !a&s dama$es to the
in)red !art&, the o3ender can s%ll be !rosected
 Com!romise does not e<%n$ish criminal liabilit&
 1nder 'rcle (**, in the crimes of sedc%on, abdc%on, ra!e or acts of lasci"iosness, there shall be
no criminal !rosec%on if the o3ender is epressl! pardoned b& the !arents or $rand!arents or
NO!" #$%
CRIMINALAW Pag1
e1o
:1f43
$ardian of the o3ended !art&' In the crime of adlter& or concbina$e, both o3enders @the o3endin$
s!ose and !aramor mst be !ardoned b& the o3ended !art&
 -ardon nder Ar%cle FF mst be made before the ins%t%on of criminal !rosec%on, nless aer the
ins%t%on of the criminal ac%on, the o3ender and the o3ended decide to $et married; 7his !ardon is
onl& a bar to criminal !rosec%on
 ARICL 24 9 MA0HR0 O $RNIONAN- 0A >A AR NO CON0I-R-A0 $NALI0
1. Ar rest and 7em!orar& 0eten%on 5. 0e!ri"a%on of Ri$hts with
2. Commitment of a Minor Re!ara%ons
3. #s!ension from /m!lo&ment
4. Kines  .ther Correc%"e Measres, administra%"e or disci!linar& in natre
ARICL 25 9 CLA00IICAIONO $NALI0

 $rincipal $nal%s
Capitalpunishment Li"htpenales
0eath Arresto
Menor
Kines
$Oic(e penales -blic Censre
Reclsion -er!eta
Reclsion 7em!oral
-er!etal or 7em!orar& absolte dis9alica%on &enales common to the

-er!etal or 7em!orar& s!ecial dis9alica%on three precedin" classes
-rision
Ma&or Kine
6ond to (ee! the !eace
Correconal penales
-rision Correccional
Arresto Ma&or
#s!ension
0es%erro
Accssor!
 -er!etal or$nal%s
7em!orar& absolte dis9alica%on
NO!" #$%
CRIMINALAW Pag1
e1o
-1f43
 -er!etal or 7em!orar& s!ecial dis9alica%on
 #s!ension from !blic oPce, the ri$ht to "ote and be "oted for, the !rofession or
callin$
 Ci"il interdic%on
 Indemnica%on
 Korfeitre of consca%on of instrments and !roceeds of the o3ense
 -a&ment of cost
Classica%on o( pnal%s accor#in' to sub:ct ma;r

1. Cor!oral -death)
2. 0e!ri"a%on of freedom -reclusion, prision, arresto)
3. Restric%on of freedom -deserro)
4. 0e!ri"a%on of ri$hts -disDuali!caon and suspension)
5. -ecniar& -!ne)
 ARICL 2@ 9 IN0 &ALICI, CORRCIONAL, LI?>)

 Kines and 6ond to (ee! the -eace are:
1. $Oic(e – o"er -,>>>'>>
2. Correconal – -B>>'>> – -,>>>'>>
3. Li"ht &enalty – less than -B>>'>>
 ARICL 2E 9 -HRAIONO $NALI0

1. :eclusion perpetua – B> &rs' and = da& to F> &rs'
2. :eclusion temporal – =B &rs' and = da& to B> &rs
3. &rision mayor –  &rs' and = da& to =B &rs'
4. &rision correconal, suspension, deserro –  months and = da& to  &rs'
5. $rresto mayor – = month and = da& to  months
@. $rresto menor – = da& to > da&s
NO!" #$%
CRIMINALAW Pag1
e1o
;1f43
E. ond to 5eep the peace– the !eriod drin$ which the bond shall be e3ec%"e is discre%onar& on the
cort
 ARICL 2G 9 COM$HAIONO $NALI0

-readin" ma9er)
 ARICL 2F 9 $RNI IM$RI0ONMN

 $r"n%" imprisonmnt– an accsed nder$oes this when the crime char$ed is nonJbailable, or
e"en if bailable, he cannot furnish the reDuired bail
 7he fullJme or fourJ!Fhs of the me drin$ which o3enders ha"e nder$one !re"en%"e
im!risonment shall be dedcted from the !enalt& im!osed
'rcle (0E(L
 ARICL0 3=35 9 C0 O $NALI0

-readin" ma9er)
 Ci"il intr#ic%on – shall de!ri"e the o3ender drin$ the %me of his sentence of the ri$hts !arental
athorit&, or $ardianshi!, either as to the !erson or !ro!ert& of an& ward, of marital athorit&, of the
ri$ht to mana$e his !ro!ert&, and of the ri$ht to dis!ose of sch !ro!ert& b& an& act or an& con"e&ance
'rcle (K
ARICL 3@ 9 $AR-ONT I0 C0
 shall not restore the ri$ht to hold oPce and the ri$ht of s3ra$e, nless e<!ressl& restored b& the terms
of the !ardon
 shall not e<em!t the cl!rit from ci"il liabilit&
 -i7rnc bt. $ar#on b! th $rsi#nt K $ar#on b! th O7n##

$AR-ON  $R0I-N $AR-ON  ON--
 e<%n$ishes criminal liabilit&  does not e<%n$ish criminal
liabilit&, e<ce!t in Ar%cle FF
 cannot inclde e<%nc%on of ci"il  o3ended !art& can wai"e ri$ht
liabilit& toclaimci"illiabilit&
 shold be $i"en onl! aer c on"ic%on  shold be $i"en before the
ins%t%on of the criminal ac%on
NO!" #$%
CRIMINALAW Pag1
e1o
<1f43
 ma& be e<tended to an& of the  mst be e<tended to both o3enders
o3enders
'rcle (7
ARICL 3E 9 CO00
1. Kees
2. Indemni%es, in the corse of )dicial !roceedin$s
'rcle (M
ARICL 3G 9 $CHNIAR LIAILII0T OR-R O $AMN

1. 7he re!ara%on of the dama$e cased
2. Indemnica%on of the conse9en%al dama$es
3. Kine
4. Costs of !roceedin$s
 he order of payment is as stated
'rcle (
ARICL 3F 9 0H0I-IAR $NAL

0ubsi#iar! $nalt! – a sbsidiar& !ersonal !enalt& to be s3ered b& the con"ict who has no property
with which to meet the !ne, at the rate of one da& for each ei$ht @-H !esos, sb)ect to the rles
!ro"ided for in Ar%cle E
#bsidiar& !enal%es should be epressl! specied in the convicon becase withot it, the accsed
cannot be com!elled to com!l& with it
'rcle *0E**
ARICL0 4=44 9 ACC00OR $NALI0O ARR0O

-readin" ma9er)
 Accessor& !enal%es do not ha"e to be s!ecied e<!ressl& in the )d$ment of con"ic%on
 sall&, the s!ecic accessor& !enal%es are not s!ecied, the& are said $enerall&
'rcle *LE*7
NO!" #$%
CRIMINALAW Pag1
e+o
,1f43
 ARICL 45 9 CONI0CAIONAN- ORIHR

 the !roceeds of the crime mst rst be sbmiDed to the )risdic%on of the corts, and also the tools
sed; if not sbmiDed, the corts cannot ad)dicate on the !roceeds and tools whether the& wold be
dis!osed in fa"or of the state
 ARICL 4@ 9 $NAL O  IM$O0- H$ON $RINCI$AL0IN ?NRAL

 the penalty prescribed by law for the commission of a felon& shall be imposed upon the principals
 the law prescribes a !enalt& for a felon&in "eneral terms, it shall be nderstood as applicable to the
consummated felony
 -enalt& in "eneral terms shall be im!osed:

1. !on the !rinci!als
2. for the consmmated felon&
 /cp%on – when t he law <es a !enalt& for frstrated or aDem!ted felon&
 ARICL 4E 9 W>N -A> $NAL NO O  IM$O0-

1. minors nder =H at the commission of the crime @re!ealed b& RA EFF
2. !ersons o"er > &ears old
 7he 0eath -enalt& shold be im!osed on cases where the law s!ecies it
 7he 0eath -enalt& as of now is deemed to be irrele"ant
'rcle *M
ARICL 4G 9 COM$LS CRIM0

1. When a sin$le act cons%ttes two or more $ra"e or less $ra"e felonies -compound crimes)
2. When an o3ense is a necessar& means for commi^n$ the other
-comple crime proper)
 7here mst be at least two crimes

 Com!le< crime Y .NL4 one crime
 Comple crimes are more fa(orable to the accused becase instead of bein$ con"icted of two se!arate
conts of the same crime, it is considered as onl& one
 Compoun# Crim
 :eDuisites:
NO!" #$%
CRIMINALAW Pag1
e+o
11f43
1. that onl& a sin"le act is perormed b& the o3ender
2. that the sin$le act !rodces @i B or more $ra"e felonies, @ii one or more $ra"e  one or more less
$ra"e felonies, @iii B or more less $ra"e felonies
 7he sin$le act shold !rodce a $ra"e felon& or a less $ra"e felon& or a combina%on of both
 Li$ht felonies !rodced b& the same sin$le act shold be treated and !nished as se!arate o3enses or
ma& be absorbed b& the $ra"e felon&

%upposin", &o shot
died, two children !our nei"hbor
sli$htl& then
in)red, the the was
reslt bullet hit twoand
1 "rave 2 li"ht; the
children reslt
elonies , iswas
the&or nei$hbor
crime com!le< or
se!arate? &eparate, becase the sin$le act shold !rodce a $ra"e or less $ra"e felon& onl&
 %upposin", a sin$le criminal act !rodced 1 "rave elon! and 10 li"ht elonies, is the crime com!le< or
se!arate? &eparate
 %upposin", a sin$le criminal act !rodced 1 less "rave elon! and several li"ht elonies, is the crime
com!le< or se!arate? &eparate
 %upposin", a sin$le criminal act !rodced a crime punishable b! the RPC and a crime punishable b!
special law, is the crime com!le< or se!arate? &eparate, considered as se!arate "iola%ons
 #!!osin$, -rof' Amrao throws a $renade in class,  stdents died, is the crime com!le< or se!arate?
Comple
 #!!osin$, usin" the same acts above, in addion ( li"ht elonies were !rodced, is the crime
com!le< or se!arate? &eparate
 #!!osin$, Pro$ 'murao switched the machine "un to automac and shot at the students with one
sin"le act o pressin" the tri""er, !rodcin$ se"eral in)ries, is the crime com!le< or se!arate?
&eparate, becase the what is considered is the no' of bllets dischar$ed -&eople (6 Pesierto)
 #!!osin$, Pro$ 'murao switched the machine "un to not automac and red one bullet aimed at
someone but hit ( others !rodcin$ serios !h&sical in)ries, is the crime com!le< or se!arate?
Comple
 %upposin", the act o rin" a machine "un produces the crimes o a/empted murder and ph!sical
in.uries, is the crime com!le< or se!arate? &eparate, as held b& the Cort of A!!eals
 %upposin", two shots were red directed a"ainst two di:erent persons , is the crime com!le< or
se!arate? &eparate
 %upposin", in a notorious villa"e, a commander ordered all his soldiers to shoot at the residents, is
the crime com!le< or se!arate? Comple, the #C held in &eople (6 Lawas that it was a com!le< crime
becase there was a sin"le o:ense since there was a sin"le criminal impulse=intent=purpose
 %upposin", a person stole the "hn" coc#s o his nei"hbor alternatel! with three separate,
independent acts, is the crime com!le< or se!arate? Comple, as held b& the #C in -eo!le "' 0e Leon,
the criminal act was done on the same occasion and the o:ender was movated b! one criminal
impulse
 %upposin", a libelous arcle was published deamin" L con"ressmen specicall! idened b! their
names, is the crime com!le< or se!arate? &eparate, becase there are as man& crimes of libel as
there are !ersons libeled, !ro"ided that the !ersons are e<!ressl& s!ecied; becase each of the 
con$ressmen ma& le for libel
NO!" #$%
CRIMINALAW Pag1
e+o
+1f43
 %upposin", usin" the same acts above ecept that the con"ressmen were not idened , is the crime
com!le< or se!arate? Comple
 %upposin", in a local publicaon, news writers wrote that the @errera doctors are ineFcient , is the
crime com!le< or se!arate? Comple, becase the iden%ca%on was in $eneral terms, not s!ecicall&
iden%ed
Compl/ Crim $ropr

 :eDuisites:
=' that at least two o+enses are commi9ed
B' that one or some of the o3enses must be necessary to commit the other
' that both or all the o3enses must be punished under the same statute
 Necessar& means not eHuivalent to indis!ensable means
 %upposin", the accused #idnapped a "irl with intent to #ill, brou"ht the vicm somewhere then
#illed her, is the crime com!le<? ), the crime is onl& mrder, becase the (idna!!in$ was onl& a
means to commit the crime of mrder
 %upposin", law students made a alsied solicitaon le/er and collected mone!, is the crime
com!le<? 34&, the falsica%on of the !ri"ate docment was necessar& for the crime of estafa
 %upposin", a public oFcial commi/ed malversaon throu"h alsicaon o public documents, is the
crime com!le<? 34&, becase the falsica%on was necessar& to commit mal"ersa%on
 %upposin", the accused #illed his vicm in a buildin", then commi/ed arson to conceal the murder, is
the crime com!le<? )

In the crimes of estafa and falsica%on, &o loo( at the crime rst commi/edif it was necessar& for
the commission of the other; the common element in estafa and falsica%on is the intent to case
dama$e
 %upposin", a cit! treasurer malversed PLmillion pesos out o taes then alsied documents to
conceal the malversaon, is the crime com!le<? ), the crimes are se!arate
 %upposin", in the crime o rebellion, an P' commander burned villa"es and #illed the villa"ers in
urtherance o his acts o rebellion, is the crime com!le<? ), becase the acts he commi/ed were
absorbed in the crime o rebellion
 %upposin", in the crime o rebellion, the P' commander #illed someone or personal reasons , is the
crime com!le<? N., the crimes are separate
In the crimes o treason or rebellion , when common crimes are commiDed, &1) in frtherance of or is
related to treason or rebellion, the crimes are absorbed, bt &2) for !ersonal reasons or for a !ri"ate
!r!ose, the crimes are separate
7here is no comple crime o rebellion with common crimes
NO!" #$%
CRIMINALAW Pag1
e+o
31f43
 0pcial Compl/ Crims

 Ra!e with +omicide  Robber& with #erios -h&sical In)ries
 Robber& with +omicide  idna!!in$ with Mrder or +omicide
 4press provisions in the Re"ised -enal Code that cannot be comple

 Ar%cle =BE: search warrant obtained maliciosl&
 Ar%cle B: maltreatment of !risoners
 0irect 6riber& Y cannot be com!le<ed
 Ar%cl 4G is intended to avor the culprit or accsed

 7he penalt! or comple crimes is the penalt! or the most serious crime, the same to be a!!lied in its
ma<imm !eriod
 7wo felonies in a com!le< crime !nishable b& im!risonment and ne Y onl& the im!risonment is
im!osed
'rcle *
 ARICL 4F 9 $NAL OR $RINCI$AL0O CRIM COMMI- WA0 -IRN ROM W>A WA0 INN--
 a!!licable onl& to mista#e in ident!
0tps
1. iden%f& lesser !enalt&
2. whiche"er !enalt& is !rescribed b& law,

3. the lesser penalt! is alwa!s applied or imposed
'rcle L0EL7
 ARICL0 5=5E 9 -?R0 O W>IC> $NALI00>OHL-  LOWR- -readin" ma9er)

-ar%ci!antsS liabilit& lowered b& de$rees
consmmated frstrated aDem!ted
-rinci!als > = B
Accom!lices = B 
Accessories B  F
 Ar%cl 5= – -rinci!als in a frstrated felon&

 Ar%cl 51 – -rinci!als in an aDem!ted felon&
NO!" #$%
CRIMINALAW Pag1
e+o
41f43
 Ar%cl 52 – Accom!lices in a consmmated felon&

 Ar%cl 53 – Accessories in a consmmated felon&
 Ar%cl 54 – Accom!lices in a frstrated felon&
 Ar%cl 55 – Accessories in a frstrated felon&
 Ar%cl 5@ – Accom!lices in an aDem!ted felon&
 Ar%cl 5E – Accessories in an aDem!ted felon&
 asis (or th #trmina%on

 nder the R-C, !enal%es can be redced by de"rees
1. sta$e reached b& the crime in its de"elo!ment @consmmated, frstrated, aDem!ted
2. !ar%ci!a%on of !ersons liable @!rinci!als, accom!lices, accessories
3. !ri"ile$ed mi%$a%n$ circmstances
 All !enal%es for each crime in the R-C Y $enerall&, shall alwa&s be im!osed nless the law itself
e<!ressl& !ro"ides, e<ce!t Ar%cle >
 -'r – one whole !enalt&; one en%re !enalt& or one nit of !enal%es enmerated in the $radated
scales
 $rio# – one of the  e9al !or%ons @minimm, medim, ma<imm
'rcle LMEK0
 ARICL 5G 9 A--IIONAL $NAL H$ON ACC00ORI0O AR.1F&3)

 Absolte !er!etal dis9alica%on if $ilt& of a $ra"e felon&
 Absolte tem!orar& dis9alica%on if $ilt& of a less $ra"e felon&
 $rcle 1N-3) – !blic oPcers who hel! the athor of the crime b& missin$ their oPce and d%es shall
s3er the addi%onal !enal%es
 ARICL 5F 9 $NAL OR IM$O00IL CRIM0
 $rresto mayor, with ne of -B>>->>
 asis (or imposi%on+

 social dan$er
 de$ree of criminalit&
NO!" #$%
CRIMINALAW Pag1
e+o
91f43
 ARICL @= 9 SC$ION0O ARICL 5=5E

 shall not be a!!licable to cases in which the law !rescribes a !enalt& for frstrated and aDem!ted
sta$es or to be im!osed on accom!lices or accessories
'rcle K1
 ARICL @1 9 RHL0 OR ?RA-HAIN?$NALI0

 -i"isibl $nal%s – di"ided into three, so e3ects of ordinar& mi%$a%n$ circmstances and $eneric
a$$ra"a%n$ circmstances can be a!!lied
 In#i"isibl $nal%s – e$' reclsion !er!eta, !blic censre, ne

irst Rul an# 0con# Rul
 -enalt& onl& consists of a de$ree
 7he !enalt& ne<t lower b& one de$ree Y !enalt& immediatel& followin$ the !enalt& !rescribed b& the
law
 sin$le and indi"isible Y Reclsion !er!eta
 !enalt& ne<t lower in de$ree Y Reclsion tem!oral
 %upposin", accused shot the vicm Hualied b! treacher!, but the vicm survived, thus accused was
convicted o rustrated murder, the !enalt& for mrder is reclsion !er!eta, bt since it was
frstrated, the !enalt& ne<t lower in de$ree a!!lies, which is reclusion temporal
 ourth an# ih Rul

 -enalt& !rescribed b& law is =, B, or , se"eral !eriods
 If one !eriod lower, $o down one !eriod in the $radated scale
 If two !eriods lower, $o down two !eriods in the $radated scale
 If three !eriods lower, $o down three !eriods in the $radated scale
 #ample/ &rision =ayor

 %upposin" the !enalt& !rescribed b& law is prision mayor medium period: is in itself a de$ree; R-C – all
di"isible !enal%es are di"ided into  !eriods; !rision ma&or medim can be di"ided into ma<imm,
medim, minimm
 $rision ma!or &@ !ars an# 1 #a! to 12 !ars)
=B –  Y  2  Y B
B Y common ml%!le @add B to the !eriods star%n$ from the minimm
Minimm –  &ears and = da& to @]B H &ears
Medim – H &ears and = da& to @H]B => &ears &rision mayor
NO!" #$%
CRIMINALAW Pag1
e+o
:1f43
Ma<imm – => &ears and = da& @=>]B =B &ears medium
 $rision ma!or m#ium &G !ars an# 1 #a! to 1= !ars)
=> – H Y B &ears 2  Y H months
H months Y common ml%!le @add H months
Minimm – H&rs'  =da& to H&rs'  H months
Medim – H&rs'  H months to E&rs'  F months
Ma<imm – E&rs'  F&ears to => &ears
 With the  !eriods of prision mayor medium now determined, the mi%$a%n$ and a$$ ra"a%n$
circmstances aDendant can now be a!!lied
 hir# Rul
 when three !enal%es are im!osed in one @e$' Reclsion tem!oral – 0eath
 since 0eath is not im!osed, three !eriods lowered immediatel& followin$
'rcle K2
 ARICL @2  C0 O > AN-ANCO MII?AIN?AN- A??RAAIN?CIRCHM0ANC0AN- >AIHAL

-LINHNC
 irst rul: A$$ra"a%n$ circmstances:

1. should not themsel(es constute a crime, e$' b& means of re Y arson; b& means derailment of a
locomo%"e Y destrc%on of !ro!ert&
 Is unlawful entry a crime in itself? 34&
2. should not be included in de!nin" the crime, e$' b& means of !oison in the crime of mrder
3. 7he ma<imm !eriod shall be im!osed re$ardless of mi%$a%n$ circmstances if the o3ender is a
!blic oPcer who too( ad"anta$e b& !blic !osi%on
4. 7he ma<imm !eriod shall be im!osed for members of an or$aniJed or s&ndicated crime $ro!
 .r$aniJed or #&ndicated Crime 5ro! – $ro! of two or more !ersons collabora%n$, confedera%n$ or
mtall& hel!in$ one another for !r!oses of $ain in the commission of an& crime
 0con# rul
NO!" #$%
CRIMINALAW Pag1
e+o
-1f43
 $""ra(an" circumstances are not applicable if inherent in the crime, e$' e"ident !remedita%on in
robber& or the; ad"anta$e ta(en b& !blic !osi%on in mal"ersa%on; se< in crimes a$ainst chas%t&;
brea(in$ wall in malicios mischief
 hir# rul+ A$$ra"a%n$ or Mi%$a%n$ Circmstances arisin$ from:

1. =oral a9ributes
 %upposin", the vicm "ave suFcient provocaon, which irritated the accused who called his brother
or assistance, then the! both #illed the vicm, can the mi%$a%n$ circmstance of sPcient
!ro"oca%on be a!!reciated for both of them? ), onl& to the one who was the tar$et of the
!ro"oca%on @the accsed and not his brother

2. &ri(ate relaons
 %upposin", !our nei"hbor slapped !our mom, then !ou as#ed !our riend to accompan! !ou to #ill
!our nei"hbor, can the a$$ra"a%n$ circmstance of immediate "indica%on of a rela%"e for a $ra"e
o3ense be a!!reciated for the both &o? ), onl& to &o becase it was &or mom who was o3ended
rst and not &or friend
3. &ersonal cause
 %upposin", !ou and !our riend entered !our nei"hborGs house, not #nowin" that !our riend is
aicted with #leptomania, can the mi%$a%n$ circmstance of illness be a!!reciated for the both of
&o? ), illness can be a!!reciated onl& to &or friend
 ourth rul+ A$$ra"a%n$ or mi%$a%n$ circmstances a!!l& in the:

 material eecuon o the act and in the means emplo!ed to accomplish it; onl& to those who had
(nowled$e at the %me of the e<ec%on
1. =aterial eecuon
 %upposin", Pro$ 'murao as#ed his student to simpl! #ill his classmate, but the student applied
cruelt! when he #illed his classmate, can the a$$ra"a%n$ circmstance of crelt& be a!!reciated with
-rof' Amrao? ), becase he had no (nowled$e of the material e<ec%on sed'
 %upposin", usin" the same acts above, but Pro$ 'murao told his student to #ill his classmate Qat all
costsG, can the a$$ra"a%n$ circmstance of crelt& be a!!reciated with -rof' Amrao? 34&
2. =eans employed to accomplish
 -rinci!al b& direct !ar%ci!a%on ses !oison to commit mrder withot the (nowled$e of the
-rinci!al b& indcement
NO!" #$%
CRIMINALAW Pag1
e+o
;1f43
 >abitual -lin*unc!
 >abitual -lin*unt – a !erson who, within a !eriod of => &ears from the date of release or last
con"ic%on of the crimes of serios or less serios !h&sical in)ries, robber&, the, estafa, or
falsica%on, fond $ilt& for a  rd %me or oener' A habital delin9ent shall s3er an addi%onal
!enalt&
 -i7rnc bt6n >abitual -lin*untJRci#i"istJRitracion
>abitual -lin*unt Rci#i"ism Ritracion
Crims  s!ecied crimes  B crimes embraced in  B crimes not
the same %tle of the R-C embraced in the same
%tle of the R-C
$rio#  within => &ears  %me bet' B o3enses  has ser"ed sentence
st
isimmaterial forthe= o3ense
No. o(
Crims  rd% meoroener B nd

% me is sPcient B nd
%me is sPcient
7cts  addi%onal !enalt&  a $eneric a$$ra"a%n$  not alwa&s an
is im!osed circmstance; can be a$$ra"a%n$
o3set b& an ordinar& circmstance
mi%$a%n$ circmstance
 -i7rnc bt. >abitual -lin*unc! K 0ubsi#iar! Imprisonmnt

>abitual - lin*unt 0ubsi#iar! I mprisonmnt
 needs to be alle$ed in the  does not need to be alle$ed
informa%on
 shold be alle$ed in the  comes onl& aer the sentence of
b e$innin$ con"ic%on
 im!oses an addi%onal !enalt&  im!osed onl& when nable to !a& ne
 cannot be considered with a  $eneral alle$a%on will sPce
NO!" #$%
CRIMINALAW Pag1
e+o
<1f43
$eneral alle$a%on, mst be
s!ecicall& alle$ed
 R*uisits (or a >abitual -lin*unt+

1. o3ender has been con"icted of serios or less serios !h&sical in)ries, robber&, the, estafa, or
falsica%on
2. aer con"ic%on or aer ser"in$ sentence a$ain commiDed within => &ears from his release or date of
rst con"ic%on, he was con"icted of an& of said crimes for the Bnd %me
3. aer con"ic%on or aer ser"in$ sentence for the Bnd o3ense a$ain commits and within => &ears of
con"ic%on or release for the Bnd o3ense, commits a rd %me or oener
 A##i%onal $nal%s
1. 0or the 3rd me Y the !enalt& for the last crime ] -rision correc%onal medim to ma<imm
2. 0or the 4th me Y the !enalt& for the last crime ] -rision ma&or minimm to medim
3. 0or the th me or more Y the !e nalt& for the last crime ] -rision ma&or ma<imm to Reclsion
tem!oral minimm
 7otal of last !enalt& and addi%onal !enalt& Y should not eceed (0 !rs$
 If the court overloo#ed the imposion o an addional penalt! for habital delin9enc& Y the
o:ender cannot be compelled to su:er the addional penalt!

In the commission of se"eral crimes occrrin$ on or abot the same date shall be considered onl& as
one for !r!oses of habital delin9enc&
 In the con"ic%on for those crimes occrrin$ on or abot the same date shall also be considered as one
'rcle K(
 ARICL @3 9 RHL0 ON IN-II0IL $NALI0

1. 0or sin"le indi(isible penales @reclsion !er!eta – shall be a!!lied re$ardless of mi%$a%n$ or
a$$ra"a%n$ circmstances, e$' the crime of ra!e with homicide, with the mi%$a%n$ circmstances of
"olntar& srrender, "olntar& confession of $ilt, and illness, the !enalt& shall s%ll be reclsion
!er!eta becase circmstances are disre$arded
2. 0or two indi(isible penales @sb!ara$ra!hs =F are ina!!licable, becase there is no death !enalt&,
therefore thereSs onl& one indi"isible !enalt&
NO!" #$%
CRIMINALAW Pag1
e3o
,1f43
 /cp%on to #isr'ar#in' circumstancs+if it is a privile"ed mi"an" circumstance 'rcles KM O

K, or if the accsed is a minor who acted with discernmentY can be en%tled to a !enalt& ne<t lower
in de$ree
'rcle K*
 ARICL @4 9 RHL0 OR $NALI0WI> 3 $RIO-0

 In accordance w2 Ar%cles  whether there are aDendin$ circmstances

irst rul
 if neither a mi"an" or a""ravan" circumstance is !resent Y medium period is im!osed
 0con# rul
 if there is a mi"an" circumstanceY minimum period is im!osed
 hir# rul
 if there is an a""ravan" circumstanceY maimum period is im!osed
 ourth rul
 if there is both a mi"an" and a""ravan" circumstance Y corts shall o3set the circmstances
accordin$ to rela%"e wei$ht
 ih rul
 if there are B or more mi%$a%n$ circmstances and absoltel& no a$$ra"a%n$ circmstances Y the
!enalt& ne<t lower in de$ree is im!osed
 0i/th rul
 whate"er the nmber or natre of a$$ra"a%n$ circmstances Y corts cannot im!ose a $reater !enalt&
than !rescribed b& law in ma<imm
 0"nth rul
 Corts can determine e<tent of !enalt& within the limits of each !eriod
 Mi%'a%n' circmstance must be ordinar! Y not privile"ed

 A''ra"a%n' circmstance must be "eneric Y not Hualied or inherent
'rcle KLEK7
 ARICL @5 9 RHL0 OR $NALI0NO IN >R $RIO-0

-readin" ma9er)

ARICL @@ 9 IM$O0IIONO IN0
NO!" #$%
CRIMINALAW Pag1
e3o
11f43
-readin" ma9er)
 U o( th ma/imum nis either added @for a$$ra"a%n$ circmstances or deducted @for mi%$a%n$
circmstances from the ma<imm ne
 courts must consider/
1. mi%$a%n$ or a$$ra"a%n$ circmstances
2. wealth or means of the cl!rit
 ARICL @E 9 $NALOR INCOM$LSM$IN? CIRCHM0ANCO ACCI-N

 Arresto ma&or ma<imm to !rision correccional minimm "rave elonies
 Arresto ma&or minimm to Arresto ma&or medim or less "rave elonies
 i"ht elonies thro$h ne$li$ence Y no penalt!
'rcle KM
 ARICL @G 9 $NALOR MINOR0 HN-R 1G

-repealed by :$ N344)
 Minor nder =H who acted with discernment Y !enalt& two de$rees lower
'rcle K
 ARICL @F 9 $NALOR INCOM$L<H0IIN?OR SM$IN? CIRCHM0ANC0

 lowered b& = or B de$rees
 -a.orit! of sch condi%ons mst be !resent

 In selfdefense, defense of a rela%"e, defense of a stran$er
 %nlawul '""ression is indispensable
'rcle 70
 ARICL E= 9 0HCC00I0RIC O 0NNC
NO!" #$%
CRIMINALAW Pag1
e3o
+1f43
 0imultanous 0r"ic – if the natre of the !enal%es will so !ermit, i'e' Reclsion tem!oral and
-er!etal Absolte 0is9alica%on @refer to Re&es boo( for a com!lete list of !enal%es that ca be
ser"ed simltaneosl&
 0uccssi" 0r"ic – if cannot be ser"ed simltaneosl& @sch as two )ail sentences shall follow the
scale !ro"ided b& 'rcle 70 based in the order accordin" to severit!
 3(ol# rul – the ma<imm dra%on of the con"ictSs sentence shall not be more than (Eold the len$th
of the %me corres!ondin$ to the most severe of the !enal%es im!osed
 onl& a!!lies when the con"ict has to ser"e at least * sentences
 In no case shall the sm total of !enal%es e<ceed F> &ears
 In the scale, 'rresto menor comes beore deserro becase com!lete de!ri"a%on of libert& or
im!risonment in arresto menor is more se"ere than des%erro
 %upposin", !ou are a .ud"e, can !ou impose the sentence o L00 counts o malversaon, which is
each punishable b! 1L !rs$ o imprisonment, without violan" 'rcle 706 34&, becase the fold
rle does not refer to the im!osi%on of sentence bt refers to the ser"ice to the !enalt&; the corts
can sentence no maDer what and no maDer how mch
 7he fold rle is the concern o the Airector o Prisons , ); of the corts
 If the sm total of all the !enal%es does not eceed the most severe mulplied b! (, the (Eold rule
does not appl!
 0ra%on of con"ictsS sentence refers to se"eral !enal%es for di3erent o3enses not !et served out Y has
to ser"e con%nos im!risonment
'rcle 71E77
 ARICL E1 9 ?RA-HA-0CAL0
 -enal%es are classied between !ersonal !enal%es @im!risonment and !oli%cal ri$hts @ss!ension,
ne, etc
 Arresto ma&or is followed b& des%erro
 ARICL0 E2EE -readin" ma9er)

 Ar%cle  – Accessor& !enal%es are deemed im!osed
 #bsidiar& im!risonment is N.7 an accessor& !enalt&
 IN-RMINA0NNC LAW &AC 41=3 AMN--  AC 4225)

 mandator! in natre; whether the corts li(e it or not, the& ha"e to a!!l& the same e<ce!t for those
men%oned in &ec$ 2 who are disHualied
 $urposJOb:c%"s o( th I0LAW

1. to !li and redeem "alable hman materials
2. !romote economic seflness
3. !re"ent nnecessar& and e<cessi"e de!ri"a%on of libert&
NO!" #$%
CRIMINALAW Pag1
e3o
31f43
 7he I#LAW was enacted to benet the accsed b& allowin$ the con"ict not to ser"e the fll sentence
 7hese ob)ec%"es are aDained with the a!!lica%on of the I#LAW
 Cort es a =aimum term and a =inimum term

 Aer ser"in$ the -inimum term, the con"ict shall be entled to parole !on e"ala%on of the 6oard
of -ardons and -arole
 h QreleaseG shall b "aluat# b! th Court 6hthr th con"ict is+
 Ded b& trainin$ for release
 reasonable !robabilit& not to commit another crime or "iolate the law
 com!a%ble with the welfare of societ&
-ta5e note of this8 this was "i(en by &rof6 $murao)
 's applied in special penal laws

 the Ma/imum trm shold not be more than what is !rescribed
 the Minimum trm shold not be less than what is !rescribed
 #ample/  yrs and 1 day to 1 yrs
 the Minimum ma& be an&where from  &rs to =F &rs, bt not less than  &rs
 the Ma/imum ma& be an&where from   = &rs' bt not more than =&rs'
 's applied in the Revised Penal Code
 the Ma/imum trm shold be im!osed nder the rles of the R-C; penalt! prescribed b! law aer
a!!l&in$ the le$al e3ects of mi%$a%n$ or a$$ra"a%n$ circmstances; onl! the maimum is a3ected b&
the aDendin$ circmstances
 the Minimum trm shold be within the ran$e of the !enalt& ne<t lower to that !rescribed b& the R-C;
the penalt! prescribed b! law, lower it immediatel! b! one de"ree, i$nore all the mi%$a%n$ or
a$$ra"a%n$ circmstances
#ample:
 %upposin", accidentall& &o met &or nei$hbor alon$ the road, he challen$ed &o to a $ht and &o
acce!ted the challen$e, there was a !h&sical $ht, then &o in*icted a mortal wond that cased his
death in the hos!ital, &o were char$ed with homicide, becase there were no 9alif&in$
circmstances, and since there was no mi"an" and a""ravan" !ou should be sentenced to a
medium period of reclsion tem!oral @for homicide
 7o $et Minimum trm, immediatel& $et the !enalt& ne<t to Reclsion tem!oral, lower b& = de$ree Y
&rision mayor – an&where within -rision ma&or, the cort can decide what !eriod, re$ardless of
aDendin$ circmstances
 7he Ma/imum trm, considerin$ the absence of aDendin$ circmstances, is Reclsion 7em!oral
medim !eriod
 7he sentence now sin$ the I#LAW is -rision ma&or in an& !eriod as the Minimm term, ! to
Reclsion tem!oral medim !eriod as the Ma<imm term
 If the con"ict reaches the -inimum term, he shall eli"ible or parole; terms and condi%ons can be
im!osed b& the 6--
 Eote from &rof6 $murao/It !a&s to be in $ood terms with the )d$e and his wife or his nmber B so &o
can $et a low Minimm term if not the lowest
NO!" #$%
CRIMINALAW Pag1
e3o
41f43
 0ur"illanc $rio# #urin' $arol &0$)

1. If there is no "iola%on drin$ the drin$ the s!ecial !eriod, the cort will isse an order for nal
dischar$e
2. Le$al e3ect of a "iola%on of law or rles:
 release ma& be re"o(ed
 !rosected anew
 !rolon$ed chan$e in the terms and condi%ons of the !arole
 made to ser"e ot the remainin$ ne<!ired !or%on of the sentence
 0rin$ !arole, the con(ict is as free as any normal person e<ce!t for the terms and condi%on that ha"e
to be obser"ed
 I0LAW is inapplicabl 6ith th (ollo6in'+

1. prsons con"ict# o( #ath or li( imprisonmnt
 in terms of death, this refers to the !enalt& actall& im!osed in the con"ic%on b& the corts, not the
!enalt& !rescribed b& the law
 in terms of life imprisonment, what i Reclusion perpetua is imposed , can the I#LAW s%ll be a!!lied6
7he #C sa&s ), itSs not a!!licable
B' those con"icted of treason, !ro!osal or cons!irac& to commit treason
' those con"icted of mis!rision of treason, rebellion, sedi%on, es!iona$e
F' con"icted of !irac&
' habital delin9ents
' those who esca!ed from connement
' those who "iolated the terms of condi%onal !ardon b& the -resident
H' ma<imm term of im!risonment less than a &ear
E' those con"icted b& des%erro or ss!ension
 des%erro is a con"ic%on im!osed b& corts
 $ROAIONLAW &$- F@G)

 $roba%on – a dis!osi%on nder which a defendant aer con"ic%on and sentence, is released sb)ect
to the condi%ons im!osed b& the cort and to the s!er"ision of the !roba%on oPcer
 Ob:c%"sJ$urpos
1. -romote correc%on and rehabilita%on
2. .!!ortnit& for reforma%on
3. -re"ent commission of o3enses
 Critria (or 'ran%n'

character en"ironment ins%t%on2commnit&
 antecedents  mental and !h&sical condi%on
NO!" #$%
CRIMINALAW Pag1
e3o
91f43
 Critria (or #n!in'; if the con"ict:

1. needs correc%onal treatment
2. has nde ris( of commi^n$ another crime
3. !roba%on will de!reciate seriosness of o3ense
 Inapplicabilit! o( th $roba%on La6

1. a con"ict sentenced to more than  &ears
2. con"icted of sb"ersion other crimes of na%onal secrit& or !blic order
3. a recidi"ist
4. !re"iosl& !roba%oned
5. alread& ser"in$ sentence
 7here is rst, a )d$ment of con"ic%on im!osed b& the cort
 -ura%on
 not e<ceedin$  &ears and not dis9alied
 the accsed ma& le an a!!lica%on for !roba%on with the cort
 the cort will order an in"es%$a%on thro$h the !roba%on oPcer, all the as!ects of the life of the
con"ict
 !roba%on oPcer sbmits ndin$s and recommenda%on
 aer sbmission, cort ma& den& or a!!ro"e recommenda%on and admit the accsed to !roba%on
 Cort ma& im!ose dra%on based on:  rehabilita%on
 reforma%on
 reinte$ra%on
 -ura%on o( th $roba%on $rio#

1. sentence not more than = &ear Y !roba%on is less than B &ears
2. sentence more than = &ear Y !roba%on is less than  &ears
NO!" #$%
CRIMINALAW Pag1
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:1f43
3. sentence is ne with sbsidiar& im!risonment Y !roba%on is twice the da&s of sbsidiar&
im!risonment
 Ar th $roba%on $rio#

 the cort can isse, !on recommenda%on b& the !roba%on oPcer, a cer%cate of nal dischar$e; its
e3ects are:
=' restored to oneSs ori$inal !osi%on
B' liabilit& for the ne is deemed e<%n$ished
 Whn to appl! (or proba%on

 = da&s from !roml$a%on, drin$ the re$lamentar& !eriod
 the con"ict can either a!!eal or a!!l& for !roba%on
 %upposin", con"ict led a no%ce of a!!eal, later chan$ed his mind, withdrew his a!!eal then led an
a!!lica%on for !roba%on, can he do that? ), once &o le for an a!!eal, &o wai"e &or ri$ht to le
for an a!!lica%on for !roba%on, and "ice"ersa if &o rst le for an a!!lica%on then later on decide
to withdraw it'
 %upposin", a )d$ment of con"ic%on was made, ths not en%tled to !roba%on, so accsed led an
a!!eal in the CA where his sentence was lowered, 9alif&in$ him for !roba%on, can he a!!l& for
!roba%on now? CA sa&s – 4/#, there canSt be an& wai"er of ri$ht becase he was not
en%tled to le an a!!lica%on for !roba%on Y thereSs nothin$ to
wai"e
#C sa&s – N., becase he alread& a!!ealed, tho$h with stron$ dissen%n$

o!inions abot it @7he #C is s!reme, bt it is not alwa&s ri$ht
 6e&ond the =da& re$lamentar& !eriod, &o canSt le an a!!lica%on for !roba%on, e<ce!t in RA EFF,
a child in con*ict with the law can le an a!!lica%on for !roba%on an!me
 ARICL0 EGG= -readin" ma9ers)

 Ar%cle E – #s!ension of /<ec%on
 Ar%cle H> @re!ealed b& RA EFF – in"ol"es the di"ersion and inter"en%on !ro$rams for children in
con*ict with the law
 ARICL0 G1G5 9 $ROC-HR AN- ?HI-LIN0 OR > SCHIONO -A> $NAL -readin" ma9er)
 ARICL G@ 9 A-MINI0RAIMAR ON $NINIARI0
-readin" ma9er)
NO!" #$%
CRIMINALAW Pag1
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 ARICL GE 9 -0IRRO
 !rohibi%on in a certain !lace or !laces desi$nated in the con"ic%on
 not !ermiDed to enter the !lace or !laces nor within the radis s!ecied not more than B>, bt not
less than B (ilometers from the !lace
 ARICL GG 9 ARR0O MNOR

 shall be ser"ed in mnici!al )ails
 or for health reasons, can be allowed to sta& home @hose arrest
 ARICL GF 9 OAL SINCIONO CRIMINAL LIAILI

1. 0ath o( a con"ict Y e<%n$ishes !ersonal !enal%es bt not !ecniar&
if death comes before nal )d$ment, e"en !ecniar& liabili%es are e<%n$ished
2. 0r"ic o( sntnc
 crime is a debt incrred b& the o3ender as a conse9ence; aer ser"ice of the sentence, the debt is
!aid
3. Amnst!
 e<%n$ishes the !enalt& and its e3ects; as if the crime was not commiDed
4. Absolut $ar#on
 an act of $race b& the Chief /<ec%"e; e<em!ts the !erson from !nishment onl&
5. $rscrip%on o( crim
 forfeitre or loss of the ri$ht of the #tate to !rosecte
@. $rscrip%on o( pnalt!
 loss or forfeitre of ri$ht of the $o"ernment to e<ecte the nal sentence
E. Marria' o( o7n## 6oman &Ar%cl 344)
 pri(ate crimes @abdc%on, sedc%on, lasci"ios acts adlter&, concbina$e cannot be !rosected de
oPcio
 public crimes @ra!e can be !rosected de oPcio @meanin$ ini%ated in Cort b& lin$ a com!laint
 Marria$e can e<%n$ish either crimes

 ARICL F= AN- F1 9 $R0CRI$IONO CRIM0 AN- COM$HAION
NO!" #$%
CRIMINALAW Pag1
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1. 0eath, Reclsion !er!eta, Reclsion tem!oral Y B> &ears
2. Crimes !nishable b& other aic%"e !enal%es Y = &ears
3. Crimes !nishable b& correc%onal !enal%es Y => &ears
4. Arresto ma&or Y  &ears
5. Crimes of libel, or other similar o3enses Y = &ear
@. .ral defama%on2 #lander b& deed Y  months
E. Li$ht felonies Y B months
 7he !rescri!%"e !eriod shall commence to run rom the discover! o the crime and shall be
interrupted onl! b! lin" a complaint or inormaon in court
 Commences to rn a$ain when sch !roceedin$s terminate withot the accsed bein$ con"icted or
ac9iDed
 7he !rescri!%"e !eriod shall not rn when the o3ender is absent from the -hili!!ines
 %upposin", in =EH> the accsed commits a crime, then $oes into hidin$, he resrfaces B> &ears later,
then the $o"ernment nds a witness, can the& ins%tte a case? ), bt if the accsed le for the 1#,
34& he can be !rosected s%ll
 7he mere lin$ of a com!laint with the followin$ does not interrupt the prescripve period :
 Chief of -olice  .Pce of the N6I
 .Pce of the -ro"incial 0irector of the -N-
becase these do not cons%tte the cort; the& are not !art of the )diciar&, not !art of the corts of
)s%ce
 6t lin$ with: .Pce of the -blic -rosector or .Pce of the .mbdsman, ma& interr!t the
!rescri!%"e !eriod
 ARICL F2 AN- F3 9 $R0CRI$IONO $NALI0AN- COM$HAION

1. 0eath, Reclsion !er!eta Y B> &ears
2. Crimes !nishable b& other aic%"e !enal%es Y = &ears
3. Crimes !nishable b& correc%onal !enal%es Y => &ears
4. Arresto ma&or Y  &ears
5. Li$ht felonies Y = &ear
NO!" #$%
CRIMINALAW Pag1
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<1f43
 7he !rescri!%"e !eriod shall commence upon evasion o the service o sentence o the convict and
shall be interrupted b! the ollowin" :
1. if o3ender $i"es himself !
2. if he is ca!tred
3. $oes to a forei$n contr& with which we ha"e no e<tradi%on treat&
4. commits another crime before e<!ira%on of the !eriod of !rescri!%on
-i7rnc bt6n $rscrip%on o( crims K $rscrip%on o( pnal%s

$R0CRI$ION O CRIM $R0CRI$ION O $NAL
 loss or forfeitre of the #tate to  loss or forfeitre of the #tate to
!rosecte enforce)d$mentaerala!seof
%me
 !eriod: incldes libel, oral  li$ht felonies for = &ear
defama%on; di3erence in %me for
li$ht felonies
 starts con%n$ !on disco"er& of the  starts con%n$ !on the esca!e or
commission of the crime e"asion of ser"ice of the sentence
 mere absence from the -hili!!ines  absence from the -hili!!ines
interr!ts interr!tedonl&whenhe$oestoa
forei$n contr& withot an
e<tradi%on treat& with s
 commission of another crime before  commission of another crime
the e<!ira%on of the !eriod does not before e<!ira%on of the !eriod
interr!t interr!tsthe!rescri!%on
NO!" #$%
CRIMINALAW Pag1
e4o
,1f43
 ARICL F4 9 $ARIAL SINCIONO CRIMINAL LIAILI

1. Condi%onal !ardon
 mst be deli"ered and acce!ted; contract bet' -resident and the con"ict
2. 6& commta%on of the sentence
3. Kor $ood condct allowances which cl!rit ma& earn
4. Kll credit of ser"ice of !re"en%"e im!risonment
5. Release on -arole
@. Release nder -roba%on
 ARICL F5 9 OLI?AION0O >O0 ?RAN- CON-IIONAL$AR-ON

-readin" ma9er)
 ARICL F@ 9 C O COMMHAIONO 0NNC

-readin" ma9er)
 ARICL FE 9 ALLOWANC0OR ?OO- CON-HC

=' rst B &ears Y dedc%on of  da&s for each month of $ood beha"ior
B'    &ears Y dedc%on of H da&s for each month of $ood beha"ior
' => &ears Y dedc%on of => da&s for each month of $ood beha"ior
F' ==  so on &ears Y dedc%on of = da&s for each month of $ood beha"ior
 ARICL FG 9 0$CIAL IM ALLOWANC0

 it is a dedc%on of =2 of the !eriod of the en%re sentence: ha"in$ e"aded ser"ice drin$ calamit& or
catastro!he @Art'=H $i"es himself ! to the athori%es within FH hors; otherwise, if ca!tred =2 of
the remainin$ sentence will added
NO!" #$%
CRIMINALAW Pag1
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11f43
 %upposin", there is a calamit&, bt &o did not esca!e, will &o be awarded the =2 dedc%on? ),
the law sa&s &o ha"e to rst esca!e
 ARICL FF 9 W>O ?RAN0 IM ALLOWANC0-readin" ma9er)

 7he 0irector of -risons
 Ar%cl 1== 9 Ci"il Liabilit!

 In e"er& felon&, arises two thin$s:
@i criminal liability, which can be e<%n$ished b&:
im!risonment ne
 !rescri!%on of libert&
 Interested !ar%es are: the $o"ernment2#tate2-resident a$ainst the accsed who is the onl& one liable
becase !enal%es are !ersonal
@ii ci(il liability, which can be e<%n$ished b&:
 res%t%on  indemnica%on
 re!ara%on
 Interested !ar%es are: the o3ended !art& and heirs a$ainst the accsed and heirs
 Ci"il liabilit& can be e<%n$ished similar to that of contracts
 1!on lin$ of the criminal ac%on, civil acon is deemed instuted

 If the criminal case was !led !rst, it shall ta(e !recedence
 If the ci(il case was !led !rst, it will be ss!ended when the criminal case is led
 Rsr"a%on o( ri'ht– loses ri$ht to inter"ene in criminal case, bt allows for the ins%t%on of an
independent civil acon @ICA
 In#pn#nt Ci"il Ac%on @for cases of or claims for dama$es, defama%on, !h&sical in)ries ma&
!roceed simltaneosl& with the criminal case, bt if there is !re)dicial 9es%on, it shall be decided
rst
 $r:u#icial us%on – is one which arises in a case, the resol%on of which is a lo$ical antecedent of
the isse in"ol"ed in the said case, and the co$niJance of which !ertains to another tribnal
 /<%nc%on of criminal liabilit& @ac9iDal shall not carr& the ci"il ac%on with it nless it is the basis for
the decision
NO!" #$%
CRIMINALAW Pag1
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+1f43
 ARICL 1=1 9 RHL0 ON CIIL LIAILI

 Ar%cle =B !ars' =, B, ,, and Ar%cle ==@F are not e<em!t from ci"il liabilit&
 irst rul+
 Ar%cle =B @=, B,  Y ci"il liabilit& de"ol"es to those who ha"e !arental or le$al athorit& of them
 0con# rul+
 Ar%cle ==@F Y those who beneted from the harm !re"ented are ci"ill& liable
 hir# rul+
 Ar%cle =B @   Y the !ersons casin$ the fear or sin$ "iolence are primaril! liable; in their absence,
those who acted are secondaril! liable
 ARICL0 1=21=3 9 0H0I-IAR LIAILI O O>R $R0ON0

-readin" ma9er)
 ARICL0 1=41=F K111 9  ORM0 O CIIL LIAILI K OLI?AION0

-readin" ma9er)
 ARICL 11= 9 0RAL LIAILII0O $ARICI$AN0IN A CRIM

 7he !rinci!als, accom!lices, accessories shall ha"e se"eral liabilit&; ths, the o3ended !art& can as(
!a&ment from an& of them
 In case of insol"enc& of the !rinci!al, the accom!lice is ne<t in line, and so on, if the laDer is also
insol"ent
 rd !erson $ratitos – re9ires !ar%ci!a%on (nowled$e; re9ires (nowled$e on his !art of the
commission of the crime
 ARICL 112 K 113 9  SIN?HI0>MNO CIIL LIAILI

J same as en"uishment of contracts
1. b& !a&ment or !erformance
2. b& the loss of the thin$ de
3. b& condona%on or remission of the debt
4. b& the confsion or mer$er of the ri$hts of the creditor and debtor
5. b& com!ensa%on
@. b& no"a%on
NO!" #$%
CRIMINALAW Pag1
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31f43
NO!" #$%

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CRIMINALLAW Pago

June 17, 2011

Introducon to Criminal Law

Q: What is criminal law?

Q: +ow will &o dene a crime?

Q: What is criminal !rocedre?

Q: Is there an& di3erence between criminal law and criminal !rocedre?

Q: What are the di3erences?

Q: who is a habital delin9ent?

Q: Is criminal law the same as the R-C?

Q: Is the !ower of Con$ress absolte?

Q: +ow was it re"ised?

Q: +ow did the re"ision come abot?

Q: What are the sorces of criminal law?

Q: Who has the !ower to dene crimes?

Q: Wh& does the #tate has the !ower to dene crimes?

Q: When did the R-C too( e3ect?

Q: Who a!!ro"ed the R-C?

Q: What are the theories in criminal law?

Q: What do we a!!l& in the -hili!!ines?

recent laws enacted b& the le$islatre are !osi%"ist in natre'

Q: What is the de$ree of !roof needed to con"ict an accsed of a criminal char$e?

Q: Ma& a !erson be con"icted b& reason of the s!irit of the law?

June 21, 2011

Q: What are the (inds of re!eals?

B' -ar%al or Im!lied

Q: What is the "eneral characterisc of criminal law?

Q: Is this rle absolte?

Q: What is the territorial characteriscof criminal law?

Q: What is the ra%onale behind this?

Q: Is the territorialit& absolte?

Q: .ther characteris%c of criminal law?

Q: Wh& is 8KA an e<ce!%on?

Q: Who are the !ar%es to 8KA?

Q: who are co"ered b& the 8KA?

Q: Who is a 1# militar& !ersonnel?

Q: Is the American Red Cross !ersonnel co"ered b& the 8KA?

Q: What are the t&!es of )risdic%on in 8KA?

Q: What do &o mean b& e<clsi"e  concrrent )risdic%on?

Concrrent – both contries ha"e )risdic%on

Q: 6t, e"en if )risdic%on is concrrent, when will -+ ha"e !rimar& )risdic%on?

Q: = 1# marine stole the wallet of another 1# marine, who has )risdic%on?

Q: Is this rle absolte?

Q: #!!ose 1# militar& !ersonnel commiDed (idna!!in$, who has )risdic%on?

-+ corts' 7his is a crime a$ainst !ersonal secrit&

No' Warshi! rle

/mbass& Rle – same as warshi! rle

Q: What is then the remed& of the oPcers @-h $o"ernment?

Q: who else is e<em!t2immne from criminal !rosec%on?

Q: +ow abot conslar oPcials?

T!ar = of Art B is not an e<em!%on to the territorialit& !rinci!le, it is /O7RA7/RRI7.RIALI74U

Q: 7he rst instance in Art B?

Q: What is -h shi! or airshi!?

Q: What are the re9irements in order a shi!2airshi! be a -h shi!?

Q: Wh& not re$ister in 6rea of Cstoms?

Q: 0oes -+ inclde warshi!?

Q: What are the B rles?

T7he -+ adheres to the /n$lish rle

Q: #econd instance in Art B?

Q: what ma& be the sb)ect of for$er&?

Q: #!!ose coins withdrawn from circla%on, liable?

Q: #!!ose in &o tam!ered a loDo %c(et, liable?

Q: $i"e e<am!les of obli$a%ons and secri%es of 5-I