De La Salle University College of Law Green Notes 2019 Criminal Law Fundamentals

DE LA SALLE UNIVERSITY COLLEGE OF LAW
Lasallian Commission on Bar Operations
CRIMINAL LAW
Green Notes 2019
Green Notes 2019 Criminal Law
TABLE OF CONTENTS
CRIMINAL LAW I 1
GENERAL PRINCIPLES 2
MALA IN SE VS. MALA PROHIBITA 3
APPLICABILITY AND EFFECTIVITY OF THE RPC 3
Generality 3
Territoriality 3
Prospectivity 5
PRO REO PRINCIPLE 6
FELONIES 6
CRIMINAL LIABILITIES AND FELONIES 9
Grave vs. less grave vs. light felonies 9
Aberratio ictus, error in personae, and praeter intentionem 10
Impossible crime 11
Stages of execution 11
Continuing crimes 14
Complex crimes and composite crimes 14
CIRCUMSTANCES AFFECTING CRIMINAL LIABILITY 17
Justifying circumstances 18
Exempting circumstances 22
Mitigating circumstances 25
Aggravating circumstances 31
Alternative circumstances 43
Absolutory causes 45
PERSONS LIABLE AND DEGREE OF PARTICIPATION 45
Principals, accomplices, and accessories 45
Conspiracy and proposal 52
PENALTIES 53
PENALTIES THAT MAY BE IMPOSED AND RETROACTIVE EFFECT OF PENAL LAWS 53
CLASSIFICATION 55
DURATION AND EFFECTS 57
APPLICATION 60
RPC provisions 60
Indeterminate Sentence Law (Act No. 4103) 66
Three-fold rule 68
Subsidiary imprisonment 68
GRADUATION OF PENALTIES 69
ACCESSORY PENALTIES 72
EXECUTION AND SERVICE 74
RPC provisions 74
Probation Law (PD 968, as amended) 75
Juvenile Justice and Welfare Act (RA 9344, as amended) 77
EXTINCTION OF CRIMINAL LIABILITY 78
CIVIL LIABILITY IN CRIMINAL CASES 81
CRIMINAL LAW II 84
CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS 84
CRIMES AGAINST FUNDAMENTAL LAWS OF THE STATE 89
CRIMES AGAINST PUBLIC ORDER 94
CRIMES AGAINST PUBLIC INTEREST 109
CRIMES AGAINST PUBLIC MORALS 124
CRIMES COMMITTED BY PUBLIC OFFICERS 129
CRIMES AGAINST PERSONS 148
CRIMES AGAINST PERSONAL LIBERTY AND SECURITY 165
CRIMES AGAINST PROPERTY 180
CRIMES AGAINST CHASTITY 196
CRIMES AGAINST THE CIVIL STATUS OF PERSONS 204
CRIMES AGAINST HONOR 206
QUASI-OFFENSES 212

SPECIAL LAWS
ANTI-ARSON LAW (PD 1613, AS AMENDED BY PD 1744) 215
ANTI-CHILD PORNOGRAPHY ACT OF 2009 (RA 9775) 216
ANTI-FENCING LAW OF 1979 (PD 1612) 217
ANTI-GRAFT AND CORRUPT PRACTICES ACT (RA 3019, AS AMENDED) 218
ANTI-HAZING ACT OF 2018 (RA 8049, AS AMENDED BY RA 11053) 220
ANTI-HIJACKING LAW (RA 6235) 221
ANTI-PHOTO AND VIDEO VOYEURISM ACT OF 2009 (RA 9995) 222
ANTI-PLUNDER ACT (RA 7080, AS AMENDED BY RA 7659) 222
ANTI-SEXUAL HARASSMENT ACT OF 1995 (RA 7877) 223
ANTI-TORTURE ACT OF 2009 (RA 9745) 224
ANTI-TRAFFICKING IN PERSONS ACT OF 2003 (RA 9208, AS AMENDED) 226
ANTI-VIOLENCE AGAINST WOMEN AND THEIR CHILDREN ACT OF 2004 (RA 9262) 228
BOUNCING CHECKS LAW (BP 22) 230
COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002 (, RA 9165, AS AMENDED BY RA 10640) 230
COMPREHENSIVE FIREARMS AND AMMUNITION REGULATION ACT (RA 10591) 233
CYBERCRIME PREVENTION ACT OF 2012 (RA 10175) 234
HUMAN SECURITY ACT OF 2007 (RA 9372) 236
NEW ANTI-CARNAPPING ACT OF 2016 (RA 10883) 236
OBSTRUCTION OF JUSTICE LAW (PD 1829) 237
SPECIAL PROTECTION OF CHILDREN AGAINST ABUSE, EXPLOITATION, AND DISCRIMINATION ACT (RA 7610) 238

FUNDAMENTAL AND GENERAL

PRINCIPLES
DEFINITION OF CRIMINAL LAW

Branch or division of law which defines crimes, treats of
their nature, and provides for its punishment.
Penal laws are those acts of the legislature which prohibit

certain acts and establish penalties for their violations; or
those that define crimes, treats of their nature and provide
for their punishment.
SOURCES OF CRIMINAL LAW
(1) The Revised Penal Code

(2) Special Laws which amend or apply to the RPC
(3) Special Penal Laws
CRIME; DEFINED
An act committed or omitted in violation of law forbid-
ding or commanding it.
TWO THEORIES IN CRIMINAL LAW
CRIMINAL LAW I (1) Classical Theory

School of thought followed by the Revised Penal
Code.
Characteristics:
a. The basis of criminal liability is human free will;
purpose of penalty is retribution.
b. That man is essentially a moral creature with an
absolute free will to choose between good and
evil, thereby placing more stress upon the effect
or result of the felonious act than upon the man,
the criminal himself.
c. It has endeavored to establish a direct and
mechanical proportion between the crime and
the liability.
d. There is scant regard to the human element.
(2) Positivists theory

Crime is essentially a social a natural phenomenon,
and as such, it cannot be treated and checked by the
application of abstract principles of law and
jurisprudence nor by the imposition of a
punishment, fixed and determined as basis; rather
through the enforcement of individual measures in
each particular case after a thorough, personal, and
individual investigation conduction by a competent
body of psychiatrists and social scientists.
Lasallian Commission on Bar Operations 1

A. GENERAL PRINCIPLES Laws Violated
Revised Penal Code (General Special Laws (General

MALA IN SE VS. MALA PROHIBITA
Rule) Rule)
As to Stages in Execution
Mala In Se Mala Prohibita
There are three stages: No such stages of
As to Nature
attempted, frustrated, and execution.
Wrong from its very nature; Wrong because it is consummated.
inherenty evil prohibited by statute.
As to Persons Criminally Liable
Use of Good Faith Defense
There are three persons Unless otherwise
Good faith is a valid defense; Good faith is NOT a criminally liable: principal, provided, only the
unless the crime is the result defense. accomplices, and accessories. principal is liable.
of culpa.
As to Division of Penalties
Use of intent as an element
Penalties may be divided into There is NO such
Intent is an element. Criminal intent is degrees and periods. division of penalties.
immaterial.
MALA PROHIBITA
Degree of Accomplishment of the Crime
Generally, applies to crimes punishable by special laws.

The degree of The act gives rise to a
accomplishment of the crime crime only when it is
General Rule: Criminal intent is NOT necessary, it being
is taken into account in consummated
punishing the offender sufficient that the offender has the intent to perpetrate the
act prohibited by the special law unless the special law
As to Mitigating and Aggravating Circumstances itself expressly requires intent (“knowingly” or “ma-
liciously”). (Padilla v. Dizon, 1988)
Mitigating and aggravating Mitigating and
circumstances are taken into aggravating The act alone, in crimes punishable by special laws,
account in imposing the circumstances are constitutes the offense.
proper penalty. generally NOT taken
into account in imposing Good faith and absence of criminal intent are NOT valid
the proper penalty. defenses.
Degree of Participation Exceptions:

(1) Imperative, incidental, and temporary posses-sion
When there is more than one Degree of participation
of firearms.
offender, the degree of is generally NOT taken
(2) Assumption that his employer has the requisite
participation of each in the into account. All who
license to possess said firearm. (People v. Cuenco)
commission of the crime is participated in the act
(3) Possession of firearms in good faith as civilian
taken into account. are punished to the
guards. (People v. Asa and Balbastro)
same extent.
(4) Possession of firearm was advised due to pending
application for permanent permit. (People v.
As to Persons Criminally Liable
Mallari)
Penalty is computed on the The penalty on the (5) Authorized possession to carry out a mission.
basis of whether he is a offenders is the SAME (People v. Lucero)
principal offender, or merely whether they are merely (6) Transient possession of firearm to render the
an accomplice, or accessory. accomplices or owner defenseless without the intention to use it.
accessories. (People vs. Dela Rosa)

CLASSIFICATIONS OF FELONIES NOTE: Not applicable when the foreign country

adversely affected does not provide similar
As to nature (1) Mala in se protection
(2) Mala prohibita
As to (1) Intentional Felonies (DOLO) Warship Rule
commission (2) Culpable Felonies (CULPA) The nationality of such warship determines the
As to stage of (1) Attempted applicable penal laws to crimes committed therein,
(2) Frustrated as they are considered to be an extension of the
execution
(3) Consummated territory of the country to which they belong.
Thus, their respective national laws shall apply to
As to gravity (1) Grave – those which the law
such vessels wherever they may be found.
attaches the capital
punishment or penalties which
(2) Article 14 of the New Civil Code
in any of their periods are
Subject to the principles of public international law
afflictive
and to treaty stipulations. Persons exempt from the
(2) Less grave – those which the
operation of our criminal laws by virtue of the
law punishes with penalties
principles of public international law
which in their maximum period
a. Sovereigns and other chiefs of state.
is correctional
b. Ambassadors, Ministers, Plenipotentiary,
(3) Light felonies – those
Ministers Resident, Charges d’Affaires.
infractions of law for the
(AM, MP, MR, CdA)
commission of which the
penalty is arresto menor, or a
NOTE: Consuls, vice-consuls and other commercial
fine not exceeding P200.00 or
representatives (i.e. commercial attaché) of foreign
both
nation are NOT entitled to the privileges and
As to count (1) Composite
immunities of an ambassador or minister, in the
(2) Compound
absence of a treaty to the contrary (Bar 2011)
(3) Complex
(4) Continued
(5) Continuing
TERRITORIALITY
GENERAL RULE: Penal laws are enforceable only within

APPLICABILITY AND EFFECTIVITY OF THE
the Philippine territory.
RPC
This includes the Philippine Archipelago, including its
GENERALITY atmosphere, its interior waters, and maritime zone. (Art. 2,
RPC)
GENERAL RULE: Criminal law is binding on all persons
who live or sojourn in Philippine territory, whether EXCEPTION: (EXTRA-TERRITORIALITY)
citizens or not. (1) Offenses committed while on a Philippine ship or
airship;
EXCEPTIONS:
(1) Article 2 of the RPC Requisites:
a. Treaties (e.g. Bases Agreement between a. It must be registered in the Philippine Bureau
Philippines and America, RP-US Visiting Forces of Customs or MARINA (Maritime Industry
Accord between Philippines and America, etc.) Authority), as the case may be;
b. Law of preferential application (e.g. R.A. 75 which b. The crime must be committed in the Philippine
penalizes acts which would impair the proper waters or the high seas, and not within the
observance by the Republic and its inhabitants of territorial jurisdiction of another country.
the immunities, rights, and privileges of duly
accredited foreign diplomatic representatives in
the Philippines.)

A. Foreign merchant vessels • If forgery was committed abroad, it must refer

only to Philippine coin, currency note, or
ENGLISH RULE FRENCH RULE
obligations and securities.
(TERRITORIALITY OR (FLAG OR
• Obligations and securities of the GSIS, SSS, and
SITUS OF THE CRIME) NATIONALITY)
Landbank are not government issuances.
General Rule
(3) Should be liable for act in connection with the intro-
Crimes committed aboard Crimes committed duction of the obligations and securities mentioned
a vessel within the aboard a vessel within in the preceding number.
territorial waters of a the territorial waters of (1) Those who introduced the counterfeit items are
country are triable in the a country are not criminally liable even if they were not the ones
courts of such country. triable in the courts of who counterfeited the obligations and securities.
said country. (2) This paragraph only refers to obligations and
Note: The three-mile limit: securities issued by the Government of the
Territorial waters cover Philippine Island, not coin or currency note of
until three miles from the Philippine Islands.
coastline, starting from (3) Introduction of coin or currency note of the
the low water mark. Philippine Islands is not subject to this para-
(Reyes) graph.
Exception (4) While being public officer or employee, should

commit an offense in the exercise of their functions
When the crimes merely When their
Crimes committed by public officers:
affect things within the commission affects the (1) Direct bribery (Art. 210)
vessel or when they only peace and security of
(2) Indirect Bribery (Art. 215)
refer to the internal the territory or when (3) Qualified Bribery (Art. 211-A)
management thereof. the safety of the state is
(4) Corruption (Art. 212)
endangered. (5) Fraud Against Public Treasury and Similar
The Philippines follows the ENGLISH RULE. Offenses (Art. 213)
(6) Possession of Prohibited Interest (Art. 216)
A distinction must be made between merchant (7) Malversation of Public Funds or Property (Art.
ships and warships; the former are more or less 217)
subjected to the territorial laws. (8) Failure to Render Accounts (Art. 218)
(9) Failure to Render Accounts Before Leaving the
English rule application in the Philippines. Country (Art. 219)
• Foreign merchant vessel in transit: (10) Illegal Use of Public Funds or Property (Art. 220)
possession of dangerous drugs is not (11) Failure to Make Delivery of Public
punishable, but use of the same is punishable. Funds/Property (Art. 221)
• Foreign merchant vessel not in transit: mere (12) Falsification (Art. 171)
possession of dangerous drugs is punishable
because it can already be considered as NOTE: A crime committed within the grounds of a
illegal importation. Philippine embassy on foreign soil shall be subject to
Philippine penal laws, although it may or may not have
B. Foreign Warships been committed by a public officer in relation to his
The nationality of such warship determines the official duties. Embassy grounds are considered as
applicable penal laws to crimes committed therein, extensions of the sovereignty of the country occupying
as they are considered to be an extension of the them.
territory of the country to which they belong.
Thus, their respective national laws shall apply to (5) Should commit any of the crimes against national
such vessels wherever they may be found. security and law of nations, defined in Title One of
Book Two of this Code.
(2) Should forge or counterfeit any coin or currency note
of the Philippine Island or obligations and securities NOTE: Limited only to the following crimes:
issued by the Government of the Philippine Islands. (1) Treason (Art. 114)
(2) Conspiracy and proposal to commit treason EXCEPTION TO THE EXCEPTION:

(Art. 115) (1) Where the new law is expressly made inapplicable
(3) Espionage (Art. 117) to pending actions or existing causes of action.
(4) Inciting to war and giving motives for reprisals (2) Where the offender is a habitual delinquent.
(Art. 118)
(5) Violation of neutrality (Art. 119) KINDS OF REPEAL
(6) Correspondence with hostile country (Art. 120)
(7) Flight to enemy’s country (Art. 121) (1) Absolute or Total Repeal
(8) Piracy and mutiny on the high seas (Art. 122) A repeal is absolute when the crime punished under
(9) Terrorism (R.A. 9372 - Human Security Act) the repealed law has been decriminalized by the sub-
sequent law.
(6) Should forge or counterfeit any coin or currency note (2) Partial or Relative Repeal
of the Philippines or obligations and securities issued A repeal is partial when the crime punished under the
by the government of the Philippines; repealed law continues to be a crime in spite of the
repeal.
(7) Should be liable for acts connected with the intro-
duction into the Philippines of the obligations and EFFECTS OF REPEAL/AMENDMENT ON LAW
securities mentioned in the preceding number;
(1) If the repeal/amendment on law makes the penalty
(8) While being public officers or employees, should lighter in the new/amended law, the new/amended
commit an offense in the exercise of their functions; law shall be applied, subject to the exceptions.
(2) If the new/amended law imposes a heavier penalty,
the law in force at the time of the commission of the
(9) Should commit any of the crimes against national
offense shall be applied.
security and the laws of the nations, defined in Title
(3) If the new/amended law totally repeals the existing
One of Book Two of the RPC. (Art. 2, RPC)
law so that the act which was penalized under the old
law is no longer punishable, the crime is obliterated.
NOTE: The following are NOT triable under the
(4) When the new law and old law penalize the same
provisions of the Revised Penal Code:
offense, the offender can be tried under the old law.
(1) Those punished under special law, to which the
(5) A person erroneously accused and convicted under
Code shall only have suppletory effects. (Art. 10)
a repealed statute may be punished under the
(2) Persons exempted from local criminal
repealing statute.
jurisdiction by reason of treaty stipulations or
laws of preferential applications.
NOTE: The accused must have an opportunity to
(3) Those persons not subject to local jurisdiction
defend himself against the charge brought against
under the principles of public international law.
him.
(4) Those crimes committed outside the territorial
jurisdiction, except as permitted by Article 2. (Bar
(6) A self-repealing law has the effect same as though it
2011)
had been repealed at the time of its expiration.
(5) Those war crimes which are triable by military
commissions. (Regalado)
SUPPLEMENTARY EFFECT OF THE RPC
PROSPECTIVITY
General Rule: The provisions of the Revised Penal Code
are supplementary to special laws.
GENERAL RULE: A penal law cannot make an act
punishable in a manner in which it was not punishable
Exceptions:
when committed.
(1) Where the special law provides otherwise.
(2) When the provisions of the RPC are impossible
REASON: Under Art. 366 of the RPC, crimes are punished
of application, either by express provision or by
under the laws in force at the time of commission.
necessary implication.
EXCEPTION: Whenever a new statute dealing with crime

Provisions of the RPC SUPPLEMENTARY to special laws:
establishes conditions more lenient or favorable to the
• Article 8 (regarding conspiracy)
accused, it can be given a retroactive effect.

• Article 12, paragraph 3 (regarding exempting NOTE: Nullum crimen, nulla poena sine lege.. There
circumstance of minority was applied to R.A. is no crime where there is no law punishing it.
509, the Anti-Profiteering Law.)
• Article 17 (regarding the participation of the c. That the act is performed or the omission incurred
principal in the commission of the crime) by means of dolo or culpa.
• Article 22 (with reference to the retroactive
effect of penal law if they favored the accused) INTENTIONAL FELONIES (DOLO)
• Article 100 and 39 (regarding the indemnity and The act or omission is performed with deliberate intent or
subsidiary imprisonment were applied to the malice to do an injury.
Motor Vehicle Law)
The offender has the intention to cause injury to the
person, property, or right of another.
PRO REO PRINCIPLE
Requisites: (FII)
Penal laws are strictly construed against the Government a. “Freedom” Voluntariness on the part of the person
and liberally in favor of the accused. to commit the crime.
NOTE: The offender must have freedom while doing
The in dubio pro reo principle is the rule of lenity. It is the an act or omitting to do an act. Actus me invito factus
doctrine that "a court, in construing an ambiguous non est meus actus. An act done by me against my
criminal statute that sets out multiple or inconsistent will is not my act
punishments, should resolve the ambiguity in favor of the
more lenient punishment." Thus, whenever a situation b. “Intelligence” Capacity to know and understand the
obtains where two interpretations are possible, one consequences of one’s act.
exculpatory and the other inculpatory, the former shall NOTE: The offender must have the intelligence while
prevail, consistent with the rule on presumption of doing the act or omitting to do the act. Without such
innocence intelligence, it becomes necessary to determine the
morality of human acts, and no crime can exist. Thus,
In the construction or interpretation of the provisions of an imbecile or the insane and the infant under 15
the RPC, the Spanish text is controlling. years of age, as well as the minor over 15 but less than
18 who acted without discernment have no criminal
liability, because they acted without intelligence (Art.
B. FELONIES 12, par. (1), (2), and (3))
c. “(Criminal) Intent” The purpose to use a particular

FELONIES means to effect such result.
Acts and omissions punishable by the Revised Penal Code. • (General) Intent to commit an act with
malice, being a purely mental process, is
NOTE: Crimes under the RPC are called felonies, while presumed.
crimes penalized by special laws are termed offenses. • Intent presupposes the exercise of
freedom and the use of intelligence.
ELEMENTS OF FELONIES (GENERAL) • Absence of criminal intent is a defense not
to incur criminal liability.
a. There must be an act or omission. NOTE: Actus non facit reum, nisi mens sit rea. The
act of a person does not make him a criminal, unless
“ACT” Any bodily movement tending to produce his mind be criminal.
some effect in the external world. It must be an
external act. GENERAL vs SPECIFIC INTENT
“OMISSION” An inaction or failure to perform a
positive duty required by law. General Criminal Specific Criminal
Intent Intent
b. That the act or omission be punishable by the
Revised Penal Code. An intention to do a An intention to commit
wrong. a definite act.

(3) Where the identification of the accused proceeds

Presumed to exist Existence of the intent
from an unreliable source and the testimony is
from the mere doing is not presumed.
inconclusive and not free from doubt;
of a wrongful act
(4) Where there are no eyewitnesses to the crime and
The burden of proving The burden of proving suspicion is most likely to fall upon a number of
the absence of intent the existence of the persons;
is upon the accused. intent is upon the (5) If the evidence is merely circumstantial (Bar 2011)
prosecution; as such (6) In ascertaining the motive in defense of stranger.
intent is an element of (7) In verifying the specific intent of the offender
the crime. which would therefore determine the correct
crime the offender’s act or acts would fall under.
CULPABLE FELONIES (CULPA) NOTE: Motive alone is not sufficient to support a

Act or omission is not malicious. (Performed without conviction. Even a strong motive to commit the crime
malice). It is by mere fault, or by imprudence, negligence, cannot take the place of proof beyond reasonable doubt,
lack of foresight, or lack of skill. (Bar 2011) sufficient to overthrow the presumption of innocence.
• The offender has no intention to cause an injury to (People vs. Pisalvo)
the person, property or right of another.
• The injury caused by the offender to another is
Imprudence Negligence
unintentional and merely through fault.
Deficiency of action Deficiency of perception
• Acts executed negligently are voluntary.
Lack of skill Lack of foresight
Requisites: (FIN)
DOLO VS. CULPA
a. Freedom
b. Intelligence
c. Negligence INTENTIONAL CULPABLE
(DOLO) (CULPA)
NOTE: In culpable felonies, the act or omission must also
be voluntariness, freedom and intelligence on the part of Act is malicious. Not Malicious.
the offender, but the element of criminal intent is
replaced with the requisite of “imprudence, negligence, With deliberate intent. Injury caused is
lack of skill or foresight” unintentional being
incident of another act
performed without malice.
Intent Motive
It is the reason for using It is the moving power Has intention to cause an Wrongful act results from
a particular means to which impels one to injury. imprudence, negligence,
effect such result. action for a definite result. lack of foresight or lack of
It is an element of the It is not an element of the skill.
crime, except in crime.
unintentional felonies.
It is essential in It is essential only when Examples of crimes which CANNOT be committed
intentional felonies. the identity of the through imprudence or negligence (as they require
perpetrator or the specific intent):
specific crime committed (1) Murder
is in doubt. (2) Treason
(3) Robbery
RULE ON MOTIVE: the motive of the offender is not (4) Malicious Mischief
essential for the commission of a crime. neither is it (5) Arson
relevant for conviction.
WHEN MOTIVE IS NECESSARY:

(1) There is doubt as to the identity of the assailant;
(2) In ascertaining the truth between the conflicting
theories or versions of the killing;
SPECIAL FACTORS AFFECTING INTENT AND when the accused zeroes in on is intended victim. The
CRIMINAL LIABILITY main reason is that the accused had acted with such a
disregard for the life of victims without checking carefully
(1) Mistake of Fact — Negates criminal liability, akin to a the latter’s id entity as to place himself on the same legal
justifying circumstance under Art. 11 plain as the one who kills another wilfully. It is not a
(2) Aberratio Ictus (Mistake in Blow) — Generally mitigating circumstance (People vs. Pinto)
increases criminal liability, as a complex crime (Art. 48)
(3) Error in personae (Mistake in Identity) — May or may MISTAKE IN BLOW MISTAKE IN IDENTITY
not lower criminal liability depending on whether the 3 persons involved: the 2 persons present: the
actual crime committed and the intended crime are of offender, the actual victim, offender and the actual
equal or different gravity (Art. 49) and the intended victim. victim
(4) Praeter Intentionem (No intent to cause so grave a Generally aggravates the May or may not be
wrong as that committed) — Lowers criminal liability liability for a complex crime mitigating
as a mitigating circumstance under Art. 13 or two separate felonies
(5) Proximate Cause (The cause of the cause is the cause may be committed because
there could be two victims
of the evil caused) — Gives rise to criminal liability by
analogy to Art. 4, par. 1
PRAETER INTENTIONEM (NO INTENT TO CAUSE SO
(HONEST) MISTAKE OF FACT GRAVE A WRONG AS THAT COMMITTED)
A misapprehension of fact on the part of the accused who The injury is on the intended victim but the resulting injury
caused injury to another. or wrong is so grave than what was intended. There is a
great disparity between the intended felony and the actual
• It destroys the presumption of criminal intent
felony committed.
which arises upon the commission of a felonious
act. (People v. Coching, et al. citing People v. Oanis)
This is a mitigating circumstance (Art. 13,(3)). But if the
• It is NOT applicable in culpable felonies.
means used to commit the desired crime would also
• It CANNOT be invoked in error in personae or mis-
logically and naturally bring about the actual felony
take in identity.
committed, praeter intentionem will not be appreciated.
Requisites:
PROXIMATE CAUSE (THE CAUSE OF THE CAUSE IS
a. The act done would have been lawful had the
THE CAUSE OF THE EVIL CAUSED)
facts been as the accused believed them to be;
b. That the intention of the accused in
Proximate cause is that cause which, in its natural and
performing the act should be lawful;
continuous sequence, unbroken by an efficient intervening
c. That the mistake must be without fault or care-
cause, produces the injury, and without which the result
less on the part of the accused.
would not have occurred. That acting first and producing
the injury, either immediately or setting other events in
ABERRATIO ICTUS (MISTAKE IN BLOW)
motion, all constituting a natural and continuous chain of
events, each having a close causal connection with its
The offender intends the injury on one person but the
immediate predecessor, the final event in the chain
harm fell on another, or both.
immediately effecting the injury as a natural and probable
result of the cause which first acted, under such
The act may result in a complex crime (Art. 48) or in two or
circumstances that the person responsible for the first
more separate felonies, but there is only one intent that
event should, as an ordinary and prudent and intelligence
characterized the crimes.
person, have reasonable ground to expect at the moment
of his act or default that an injury to some person might
ERROR IN PERSONAE (MISTAKE IN IDENTITY)
probably result therefrom. (Mckee vs IAC)
The offender committed a mistake in ascertaining the

identity of the victim
NOTE: The fact that the victims were different from the
one the offender intended cannot exculpate him. Mistake
in the identity of the victim carries the same gravity as
CRIMINAL LIABILITIES d. That the act performed should not constitute a

violation of another provision of the RPC.
CRIMINAL LIABILITY IS INCURRED

GRAVE VS. LESS GRAVE VS. LIGHT
(1) By any person committing a felony (although the FELONIES
wrongful act done be different from that which he
intended) GRAVE FELONIES
Those to which the law attaches the capital punishment or
Rule: A person who commits a felony is responsible penalties which in any of their periods are AFFLICTIVE, in
for all the consequences which may naturally and accordance with Article 25 of the Code.
logically result therefrom, whether foreseen or
intended or not Enumeration of Penalties under Grave Felonies:
(1) Reclusion Perpetua;
Elements: (2) Reclusion Temporal;
a. A person is committing a felony (3) Absolute or Temporary Absolute
b. That the wrong done to the victim be the direct, Disqualification;
natural, and logical consequence of the felony (4) Absolute or Temporary Special Disqualification;
committed by the offender, although it was (5) Prision Mayor
different from that which he intended (6) Fines more than 6000 pesos.
(2) By any person performing an act which would be an LESS GRAVE FELONIES
offense against persons or property, were it not for Those which the law punishes with penalties which in their
the inherent impossibility of its accomplishment or maximum are CORRECTIONAL, in accordance with Article
an account of the employment of inadequate or 25 of this Code.
ineffectual means. (Impossible Crime)
Enumeration of Penalties under Less Grave Felonies:
Requisites: (1) Prision Correctional;
a. The act performed would be an offense against (2) Arresto Mayor;
persons or property (3) Destierro;
b. That the act was done with evil intent (4) Suspension;
c. That its accomplishment is inherently (5) Fines equal to or more than 200 pesos but not
impossible, or that the means employed is less than 6000 pesos.
either inadequate or ineffectual
i. Legal Impossibility - Where the intended Rules on Grave and Less Grave Felonies:
acts, even if completed would not (1) Where the penalty prescribed for the offense is
amount to a crime. It applies to those composed of two or more distinct penalties, the
circumstances where: higher of highest of the penalties must be an
1. The motive, desire and afflictive/ correctional penalty.
expectation is to perform an act
in violation of the law (2) If the penalty prescribed is composed of two or
2. There is intention to perform the more period corresponding to different divisible
physical act penalties, the higher or maximum must be that
3. There is a performance of the of an afflictive/ correctional penalty.
intended physical act
4. The consequence resulting from (3) If the penalty is composed of two periods of an
the intended act does not afflictive/ correctional penalty or two periods
amount to a crime. corresponding to different afflictive/
ii. Physical/Factual Impossibility - This correctional penalties, the offense for which is
occurs when the extraneous prescribed is a grave felony/ less grave felony.
circumstances unknown to the actor or
beyond his control prevent the LIGHT FELONIES
consummation of the intended crime. Those infractions of law for the commission of which the
penalty of arresto menor or a fine not exceeding 200
pesos, or both, is provided. (Art. 9, Par. 3)
NOTE When the code provides a fine of exactly 200 pesos • It covers intentional crimes (dolo) only.
for the commission of a felony, it is a light felony regardless • The wrongful act done must NOT result from
of the provision in Article 26 of the Code which provides imprudence, negligence, lack of foresight or lack
that a fine not less than 200 pesos is a correctional penalty. of skill of the offender
Note: Only principals and accomplices can be held liable Requisites:

for light felonies. a. That an intentional felony has been committed.
No felony is committed when:
GENERAL RULE: Light felonies are punishable only when i. The act or omission is not punishable by
they have been consummated. the RPC; or
ii. The act is covered by any of the justifying
EXCEPTION: Light felonies committed against persons or circumstances
property, are punishable even if attempted or frustrated.
• Act or omission should NOT be punished
Light Felonies under RPC: by a special law.
(1) Slight physical injuries and maltreatment [Art. • Any person who creates in another’s mind
266] an immediate sense of danger, which
(2) Theft [Art. 309, pars. 7 and 8]] causes the latter to do something resulting
(3) Alteration of boundary marks [Art. 313] in the latter’s injuries, is liable for the
(4) Malicious Mischief [Art. 328(3); Art 329, (3)] resulting injuries.
(5) Intriguing against honor [Art. 364]
b. That the wrong done to the aggrieved party must
IMPORTANCE OF CLASSIFICATION be the direct, natural, and logical consequence of
(1) To determine whether these felonies can be the felony committed.
complex crimes or not. A person is criminally responsible for acts
(2) To determine the prescription of the crime and committed by him in violation of the law and
the prescription of the penalty. for all the natural, direct, and logical
consequences resulting therefrom.
ABERRATIO ICTUS, ERROR IN PROXIMATE CAUSE

That cause, which, in natural and continuous sequence,
PERSONAE, & PRAETER INTENTIONEM
unbroken by any efficient intervening cause, produces the
(See. Page 7)
injury, and without which the result would not have
occurred
BAR 1999: ABERRATIO ICTUS, ERROR IN PERSONAE, • If the result can be traced back to the original
AND PRAETER INTENTIONEM act, then the doer of the original act can be held
criminally liable.
(1) Error in Personae • The must be a relation of “cause and effect,” the
Mistake in the identity of the victim. cause being the felonious act of the offended, the
effect being the resultant injuries and/or death
(2) Abberatio Ictus of the victim.
Mistake in the blow, that is, when the offender
intending to do an injury to one person actually Thus, the person is still criminally liable if the wrongful act
inflicts it on another; and done be different from that which he intended.
(3) Praeter Intentionem When death is presumed to be the natural consequence of

The injurious result is greater than that intended. physical injuries inflicted:
(1) That the victim at the time the physical injuries

ELEMENTS OF CRIMINAL LIABILITY
inflicted was in normal health.
(2) That death may be expected from the physical
Par. 1: injuries inflicted.
By any person committing a felony (delito) although the (3) That death ensued within a reasonable time.
wrongful act done be different from which he in-tended.

Felony committed is not the proximate cause of the • The offer made by one of the parties to the
resulting injury when: other constitutes attempted felony if the offer
is rejected.
(1) There is an active force between the felony • It is frustrated if the person returned the
committed and the resulting injury, such active money given by the offender.
force is distinct a distinct act or fact absolutely
foreign from the felony committed. (5) Material Crimes
(2) The resulting injury is due to the intentional act of Crimes which involve the three stages of execution.
the victim. (i.e. fault or carelessness of the victim (e.g. homicide, murder, robbery, etc.)
must have its origin from his malicious act or
omission so as to increase the criminal liability of DEVELOPMENT OF CRIME
the assailant.
(1) First stage - Internal acts
IMPOSSIBLE CRIME Mere ideas in the mind of a person are not
(See: page 14) punishable.
Requisites: (2) External Acts
a. That the act performed would be an offense a. preparatory acts – generally not punishable,
against persons or property except when the law provides otherwise (ex.
b. That the act was done with evil intent Proposal and conspiracy to commit a felony;
c. That its accomplishment is inherently impossible, Art. 304: possession of picklocks, and Art. 176:
or that the means employed is either inadequate or possession of implements for committing
ineffectual falsification)
d. That the act performed should not constitute a b. acts of execution – performance of overt acts
violation of another provision of the RPC. which, if continued, will logically result in a
felony. Punishable under Art. 6 of the RPC
STAGES OF EXECUTION
STAGES OF EXECUTION
MANNER OF COMMITTING CRIMES

(1) Attempted — when the offender commences the
commission of a felony directly by overt acts, and
(1) Formal Crimes
does not perform all the acts of execution which
Consummated in one instant, no attempt. It con-
should produce the felony by some cause or accident
summates the crime by mere attempt or proposal or
other than his own spontaneous desistance
by overt act.
(2) Frustrated — when the offender performs all the acts
E.g. slander, false testimony, mere act of selling or of execution which would produce the felony as a
acting as a broker for the sale of prohibited drugs, consequence but which, nevertheless, do not
flight to the enemy's country, corruption of minors, produce it by reason of causes independent of the
treason, physical injuries, acts of lasciviousness. will of the perpetrator
(3) Consummated — when all the elements necessary for
(2) Crimes consummated by mere attempt or proposal its execution and accomplishment are present.
or by overt act.
Importance to classify the stage: for purposes of applying
the proper penalty.
(3) Felony by omission
There is no attempted stage because the of-fender
does not execute acts. He omits to perform an act ATTEMPTED FELONY
which the law requires him to do. (Except for killing
a child by starving him) ELEMENTS
(1) That the offender commences the commission of a
(4) Crimes requiring the intervention of two persons felony directly by overt acts.
to commit them are consummated by mere Felony deemed commenced directly by overt acts
agreement. (e.g. betting in sports contests, when the following are present:
corruption of public officials, etc.) A. That there be external acts;
B. Such external acts have direct connection
with the crime intended to be committed.
Overt Act
A physical activity or deed, indicating an intention to
Legal Desistance Factual Desistance
commit a crime. [Reyes]
Definition
Indeterminate Offense
It is one where the purpose of the offender in Desistance referred to in Actual Desistance of
performing an act is not certain. Its nature in relation law which would obviate the actor; the actor is
to its objective is ambiguous; thus, the accused may the criminal liability still liable for the
be convicted of a felony defined by the acts unless the overt act or attempt.
performed by him up to the time of desistance. preparatory act already
committed in
“Directly by overt acts” themselves constitute a
Only offenders who personally execute the felony other than what
commission of a crime can be guilty of attempted the actor intended.
felony. Thus, principal by inducement cannot be
guilty of attempted felony. Time or Period Employed
Desistance made during Desistance made after

(2) That the offender does not perform all the acts of
the attempted stage. the attempted stage of
execution which produce the felony.
the crime.
Something still remains to be done by the offender.

If anything yet remained for him to do, he would be The spontaneous desistance of the accused is
guilty of attempted felony. EXCULPATORY only:
(1) if made during the attempted stage, and
(3) The offender’s act is not stopped by his own (2) provided that the acts already committed
spontaneous desistance. do not constitute any offense.
The offender fails and stops to perform all the acts of FRUSTRATED FELONY
execution which should produce the felony because
of some cause or accident, not his own spontaneous ELEMENTS
desistance.
(1) The offender performs all the acts of execution;
(4) The non-performance of all acts of execution was
due to a cause or accident other than his own NOTE: The offender must perform all the acts of
spontaneous desistance. execution. Nothing more is left to be done by the
offender, because he has performed the last act
If the actor does not perform all the acts of execution necessary to produce the crime.
by reason of his own spontaneous desistance, there
is no attempted felony. The law does not punish him. (2) All the acts performed would produce the felony
• It is not necessary that spontaneous as a consequence;
desistance be actuated by good motives. (3) But the felony is not produced; and
• Desistance should be made before all the acts (4) The felony is not produced by reason of causes
of execution are performed. independent of the will of the perpetrator.
Desistance Certain causes which may prevent the

It is an absolutory cause which negates criminal consummation of the offense are:
liability because the law encourages a person to a. Intervention of third persons who
desist from committing a crime. prevented the consummation of the
• The desistance which exempts from criminal offense; thus, it makes it frustrated.
liability has reference to the crime intended b. Perpetrator’s own will; thus, it ceases to
to be committed, and has no reference to the be frustrated.
crime actually committed by the offender
before his desistance.

CONSUMMATED FELONY (2) OBJECTIVE PHASE – That portion the phase which
commences once the offender has performed the
When all the elements necessary for its execution and last act to complete the elements of the crime
accomplishment are present, the crime is consummated. NOTE: If he has not so stopped in the subjective
phase, but continues until he performs the last act, it
NOTE: The offender does not have to do anything else to is frustrated, provided the crime is not produced. If
consummate the offense. He has already reached the it is produced, the crime is consummated.
objective stage of the offense as he no longer has control
of his acts having already performed all that is necessary In attempted felony, the offender never passes the
to accomplish his purpose. subjective phase of the offense.
Factors in determining stage of execution of felony: Attempted Stage

(1) Nature of the offense; Marks the commencement of the subjective phase.
(2) Elements constituting the felony;
(3) Manner of committing the felony; Frustrated Stage
The end of subjective phase and the start of the
objective phase.
Attempted Frustrated Impossible
Consummated Stage
Evil intent is not Evil intent is not Evil intent is not It is the result of the acts of the execution, that is, the
accomplished. accomplished. accomplished. accomplishment of the crime.
• If both the subjective phase and objective phase
are present, there is a consummated felony.
Evil intent is Evil intent is Evil intent is
possible of possible of impossible to
EFFICIENT INTERVENING CAUSES
accomplishment. accomplishment. accomplish.
Causes interrupting the natural flow of events from the

What prevented What prevented Evil intent
happening of the allegedly felonious act to the resulting
the the cannot be
injury. This may relieve the offender from criminal liability
accomplishment accomplishment accomplished
is the is the because of its
Not efficient intervening causes:
intervention of intervention of inherently
certain cause or certain cause by impossible
(1) The weak or diseased physical condition of the
accident in a third person to accomplishment
victim. (e.g. tuberculosis, heart disease)
which the prevent its or the means
(2) The nervousness or temperament of the victim; (e.g.
offender had no consummation employed by the
removing the drainage from wound)
part. or by the own offender is
(3) Causes which are inherent in the victim; (e.g. not
will of the inadequate or
knowing how to swim, tuba addict)
perpetrator. ineffectual.
(4) Neglect of the victim or third person; (ex. Refusal of
medical attendance)
PHASES OF THE OFFENSE IN RELATION TO THE (5) Erroneous or unskilled medical or surgical treatment
STAGES OF EXECUTION (unless the wound is slight or not mortal)
(1) SUBJECTIVE PHASE - That portion of the acts

constituting the crime, starting from the point where
the offender begins the commission of the crime to
that point where he still has control over his acts,
including the act’s natural course.
NOTE: During this phase, the offender is stopped by
any cause outside of his voluntary desistance, the
subjective phase has not been passed and it is an
attempt.

IMPOSSIBLE CRIME Means employed did not produce the result

expected.
Par. 2
By any person performing an act which would be an Inherent impossibility of its accomplishment:
(1) Legal impossibility
offense against persons or property, were it not for the
Where the intended acts, even if
inherent impossibility of its accomplishment or on the
completed would not amount to crime.
account of employment of inadequate or ineffectual
(e.g. Stealing a property that turned out
means.
to be owned by the stealer). (Intod v. CA)
(2) Physical impossibility
IMPOSSIBLE CRIME
When extraneous circumstances
Its commission is indicative of a criminal propensity or unknown to the actor or beyond his
criminal tendency on the part of the actor; he is a potential control prevent the consummation of the
criminal. intended crime. (e.g. When one tries to
• It is based on the positivist theory. murder a corpse; peppered the victim’s
• There is no attempted or frustrated impossible house with bullets, the victim being
crime. It is always consummated. absent at the time)Where the means
• Impossible crimes ONLY apply to grave and less employed is adequate and the result is
grave felonies. not produced, it is not an impossible
crime, but a frustrated felony. (People v.
REQUISITES OF IMPOSSIBLE CRIME: Domasian, 1993)
(1) That the act performed would be an offense against CONTINUING CRIMES
persons or property. (See: page 16)
CRIMES CRIMES AGAINST A single crime, consisting of a series of acts but all arising
AGAINST PROPERTY from one criminal resolution. Although there is a series of
PERSONS acts, there is only one crime committed; hence, only one
Parricide [Art. Brigandage [Art. 306 - 307] penalty shall be imposed. It is a continuous, unlawful act
246] Robbery [Art. 294, 297 300, or series of acts set on foot by a single impulse and
Physical injuries 302 - 303] operated by an unintermittent force, however long a time
[Art. 262 - 266] Usurpation [Art. 312 - 313] it may occupy. (People vs De Leon)
Rape [Art. 266 - Culpable Insolvency [Art.
A] 314] COMPLEX CRIMES AND
Abortion [Art. Theft [Art. 308, 310, 311]
256 - 259] Swindling and other deceits
COMPOSITE CRIMES
Homicide [Art. [Art. 315 - 318]
249] Chattel Mortgage [Art. 319] PLURALITY OF CRIMES
Murder [Art. 248] Arson and other crimes Consists in the successive execution, by the same
Infanticide [Art. involving destruction [Art. individual, of different criminal acts, upon any of which no
255] 320 - 326] conviction has yet been declared.
Duel [Art. 260 - Malicious Mischief [Art. 327
261] - 331] Kinds:
(1) Ordinary Complex Crime
(2) That the act was done with evil intent. (2) Special Complex Crime or Composite crimes
(3) That its accomplishment is inherently impossible, (3) Continued Crimes
or that the means employed is either inadequate or
ineffectual; and (1) ORDINARY COMPLEX CRIMES
When a single act constitutes two or more grave or less
INADEQUATE, MEANING grave felonies, or when an offense is a necessary means for
Insufficient. committing the other, the penalty for the most serious
crime shall be imposed, the same to be applied in its
INEFFECTUAL, MEANING maximum period. (Art. 48)
KINDS OF ORDINARY COMPLEX CRIMES b. When the law specifically fixes a single
(1) Compound Crimes penalty for two or more offenses committed
A single act constitutes two or more grave or less
grave felonies. NOTE: These are referred to Special Complex
Crimes
Requisites:
a. That only a single act is performed by the c. When the law specifically fixes a single
offender; penalty when two offenses result from a
b. That the single act produces: single act
i. Two or more grave felonies d. When the law imposes “another penalty in
ii. One or more grave and one or more addition” to the crime
less grave felonies, or e. When the crimes have common elements
iii. Two or more less grave felonies.
NOTE: This is when two crimes are
Excluded: committed but there is a common element to
a. Light felonies - if produced by the same act both crimes. In such case, the element
should be punished as separate offenses cannot be appreciated as present for both,
b. Crimes punished under special penal laws but rather, can be counted only as to one of
the crimes, rendering the other crime
Examples: incomplete.
a. A person throwing a grenade at one person
but killing several people (People vs Guillen) f. When the crimes involved are subject to the
b. A single bullet killing two or more persons rule of absorption of one crime by the other
(People vs Caldito) i. The prior crime committed was
indispensable in committing the other,
• Criminal negligence [Art. 365] can be complexed. then it would constitute an inherent
element in the subsequent crime
(2) Complex crime proper ii. The prior crime committed is
An offense is a necessary means for committing considered an aggravating
circumstance of the subsequent crime
another offense.
g. When the crime is committed through

Requisites:
negligence or imprudence
a. At least two offenses are committed;
b. One or some of the offenses must be
necessary to commit the other; and NO COMPLEX CRIME:
c. Both or all of the offenses must be punished (1) In case of continuous crimes;
under the same statute. (2) When one offense is committed to conceal the other;
(3) When the other crime is an indispensable part or an
• Note: Necessary means is not equivalent to element of the other offense or offenses;
indispensable means. It is also not inherent in (4) Where one of the offenses is penalized by a special
the crimes nor defines the other crime so as to law; and
constitute an element of another offense (5) When the provision provides for a two-tiered
committed. penalty.
The first offense must be consummated.
NOTE:
Excluded: • Art. 48 is intended to favor the culprit.
a. When the crimes committed are punished by • The penalty for complex crime is the penalty for
the RPC and SPL the most serious crime, the same to be applied in
its maximum period
NOTE: Complex compound crimes expressly • If different crimes resulting from one single act are
refer to “felonies." Complex crime proper punished with the same penalty, the penalty for
cannot exist when the crimes involved are any one of them shall be imposed the same to be
punished under different statutes applied in the maximum period.
• When two felonies constitute a complex crime, are applied according to the
punishable by imprisonment and fine respectively rules on imposition of
only the penalty of imprisonment should be the penalty.
imposed.
• There is no fine imposed in complex crimes. (3) CONTINUING CRIMES
• There is no complex crime in estafa thru A single crime, consisting of a series of acts but all arising
falsification of private document as both crimes re- from one criminal resolution. Although there is a series of
quire damage as an element which, if used for one acts, there is only one crime committed; hence, only one
renders the other incomplete, hence, the query is penalty shall be imposed. It is a continuous, unlawful act
as to which crime was committed first. or series of acts set on foot by a single impulse and
• There is no complex crime of rebellion with operated by an unintermittent force, however long a time
murder arson, robbery or other common crimes. it may occupy. (People vs De Leon)
• Article 48 does not apply to Act Penalized under
Article 365 (criminal negligence) of the RPC NOTE: When the first criminal act was committed, it must
be shown that the offender already intended to commit the
(2) SPECIAL COMPLEX CRIMES OR COMPOSITE CRIMES subsequent series of acts. Otherwise, if each act was
Those which are expressly treated by law as single independent in the sense that it arose from different
indivisible offenses although comprising more than one criminal resolutions, each must be considered as a
specific crime and with specific penalty. separate offense. Thus, the criminal intent of the offender
is important. Such kind of crimes is not found in the RPC
Examples: but is provided for under jurisprudence
• Rape with homicide,
The homicide must always be consummated; other- Requisites:
wise, the two would constitute separate offenses. a. There are a series of acts (regardless of the period
The rape may either be consummated or attempted. of time over which it occurred)
• Kidnapping with homicide, b. Such acts arise out of a singular criminal purpose
• Kidnapping with rape, and resolution to attain a definite objective
• Robbery with rape, c. All of such acts violates the criminal offense as
Additional acts of rape not aggravating. defined
NOTE: There is no complex crime of Arson with Homicide. In determining venue, a continued, continuous or
(People v. Edna) continuing crime is DIFFERENT from a transitory crime
(moving crime) – in the latter case, criminal action may be
ORDINARY COMPLEX SPECIAL COMPLEX instituted and tried in the court of the municipality, city or
CRIME CRIME OR COMPOSITE province wherein any of the essential ingredients thereof
took place.
CRIME
As to their concept
Real or material plurality Continued crime
It is made up of two or more It is made up to two or
There is series of acts There is a series of acts
crimes being punished in more crimes which are
performed by the offender. performed by the
distinct provisions of the considered only as a
offender.
RPC but alleged in one component of a single
Each act performed by the The different acts
information either because indivisible offense being
offender constitutes a constitute only one
they were brought about by punished in one
a single felonious act or provision of the revised separate crime; each act is crime; all of the acts
generated by a distinct performed arise from
because one offense is a penal code.
necessary means for criminal impulse one criminal resolution.
committing the other
offense or offenses. CONTINUING OFFENSE
As to penalty A continuous, unlawful act or series of acts set on foot by
Penalty for the most It is the penalty a single impulse and operated by an unintermittent force,
serious crime shall be specifically provided for
however long a time it may occupy. Although there is a
imposed and in its the special complex series of acts, there is only one crime committed. Hence,
only one penalty shall be imposed.
maximum period. crime that shall be

CIRCUMSTANCES AFFECTING CRIMINAL (2) Defense of relatives

LIABILITY (3) Defense of strangers
(4) State of necessity or the avoidance of a greater evil
(5) Performance of duty or lawful exercise of a right
MODIFYING CIRCUMSTANCES affects not only criminal
(6) Obedience to lawful order of superior
liability, but also the civil liability ex delicto
EXEMPTING CIRCUMSTANCES (Art. 12)
EFFECT ON CRIMINAL EFFECT ON CIVIL LIABILITY
LIABILITY EX DELICTO (1) Imbecility or Insanity
(2) Minority (as amended by RA 9344)
JUSTIFYING CIRCUMSTANCES (Art. 11) (3) Accident
(4) Compulsion of an irresistible force
Negates criminal Generally no civil liability, (5) Impulse of an uncontrollable fear
liability EXCEPT in par. 4 of Art. 11 (6) Insuperable or lawful cause
where the civil liability is
borne by the persons MITIGATING CIRCUMSTANCES (Art. 13)
benefited by the act (Art. 101)
Ordinary Mitigating —
EXEMPTING CIRCUMSTANCES (Art. 12) (1) Incomplete justifying or exempting circumstances
(2) Senility (over 70 years of age)
Negates criminal Generally, there is civil (3) Praeter intentionem
liability liability ex delicto, EXCEPT in (4) Sufficient provocation
accident and insuperable (5) Vindication of a grave offense
cause Art. 12(4,7), which (6) Passion and obfuscation
strictly are not criminal (7) Voluntary surrender
(8) Voluntary plea of guilt
ABSOLUTORY CIRCUMSTANCES (9) Physical defects
(10) Illness diminishing the exercise of will-power
Negates criminal Unsure but since they are akin (11) Analogous circumstances
liability to exempting circumstances,
there is civil liability.
Privileged Mitigating —
(1) Art. 68 — Minors over 15 and under 18 years of age
MITIGATING CIRCUMSTANCES (Art. 13)
who acted with discernment
Reduces criminal Court can take them into (2) Art. 69 — If the deed is not wholly excusable by
liability consideration in the award of reason of the lack of some of the conditions
damages required to justify it or to exempt from criminal
liability, if majority of such conditions are present.
AGGRAVATING CIRCUMSTANCES (Art. 14)
AGGRAVATING CIRCUMSTANCES (Art. 14)
Increases criminal Court can take them into
liability consideration in the award of Generic Aggravating —
damages (1) Taking advantage of public position
(2) In contempt or with insult to the public authorities
ALTERNATIVE CIRCUMSTANCES (Art. 15) (3) Dwelling of the offended party
(4) Abuse of confidence
Reduces or increases Court can take them into (5) Obvious ungratefulness
criminal liability, as the consideration in the award of (6) Crime committed in the palace of the Chief
case may be damages Executive or in his presence, or where public
authorities are engaged in the discharge of their
duties, or in a place dedicated to religious worship.
ENUMERATION OF THE CIRCUMSTANCES (7) Nighttime
(8) Uninhabited place
JUSTIFYING CIRCUMSTANCES (Art. 11) (9) Band
(1) Self-defense

(10) Conflagration, shipwreck, earthquake, epidemic or (4) Certain relatives who are accessories subject to
other calamity or misfortune the requisites provided (Art. 20)
(11) Aid of armed men or (5) Death and physical injuries inflicted under
(12) Recidivism exceptional circumstances (Art. 247)
(13) Habituality or Reiteracion (6) In trespass, a person is not liable if he entered
(14) Price, reward, or promise another’s dwelling for the purpose of preventing
(15) Inundation, fire, poison, explosion, stranding of a some serious harm to himself, the occupants of the
vessel or international damage thereto, derailment dwelling or a third person, nor shall it be applicable
of a locomotive, or by the use of any other artifice to any person who shall enter a dwelling for the
involving great waste and ruin purpose of rendering some service to humanity or
(16) Evidence premeditation justice, nor to anyone who shall enter cafes,
(17) Craft, fraud or disguise taverns, inns, and other public places (Art. 280)
(18) Superior strength or weakening of defense (7) Certain relatives in theft, estafa, and malicious
(19) Treachery mischief (Art. 332)
(20) Ignominy (8) Marriage of the offender with the offended party
(21) Unlawful entry in cases of seduction, acts of lasciviousness, rape
(22) Broken wall, roof, floor, door, or window (9) Instigation
(23) Aid of persons under fifteen years of age (10) Battered woman syndrome (Sec. 26, RA 9262)
(24) Motor vehicles, motorized watercraft, airships, or (11) Status offenses in Sec. 57 and 58, RA 9344
other similar means (12) Mistake of fact
(25) Cruelty (13) Repeal of a law, either absolute or modification of
the penalty when favorable to the offender
Specific Aggravating —
(1) Insult or in disregard of the respect due the
IMPUTABILITY, DEFINED
offended party —crimes against persons and honor
The quality by which an act may be ascribed to a person as
(2) Superior strength or weakening of defense -
its author.
crimes against persons property
(3) Treachery —crimes against persons
RESPONSIBILITY, DEFINED
(4) Ignominy —crimes against chastity and persons
The obligation of taking the penal and civil consequences
(5) Cruelty —crimes against chastity and persons
of the crime.
Special Aggravating —
GUILT, DEFINED
(1) Taking advantage of public position
An element of responsibility without which a man cannot
(2) Organized or syndicated crime group
be made to answer for the consequences of a crime.
(3) Multi-recidivism or habitual
(4) Quasi-recidivism (Art. 160)
(5) Complex Crimes (Art. 48) JUSTIFYING CIRCUMSTANCES
(6) Error in personae (Art. 49)
JUSTIFYING CIRCUMSTANCES
ALTERNATIVE CIRCUMSTANCES (Art. 15) Those were the act of a person is said to be in accordance
with law, so that such person is deemed not to have
(1) Relationship transgressed the law and is free from both criminal and
(2) Intoxication civil liability. There is no civil liability, except in par. 4 of
(3) Degree of instruction and education of the Article 11 where the civil liability is born by the persons
offender benefited by the act.
I. Self-Defense
ABSOLUTORY CIRCUMSTANCES
II. Defense of Relatives
(1) Spontaneous desistance in the attempted stage III. Defense of Strangers
unless the overt act committed already constitutes IV. Avoidance of greater evil or injury
a crime other than that intended (Art. 6, par. 3) V. Fulfillment of duty or lawful exercise of right or
(2) Attempted or frustrated light felonies except those office
against persons or property (Art. 7) VI. Obedience to an order issued for some lawful
(3) Accessories in light felonies (Art. 16) purpose (Art. 11, RPC)
VII. Battered Woman Syndrome (R.A. No. 9262)
Burden of Proof Mistake of Fact

The burden of proof is on the accused who must prove it In relation to mistake of facts or good faith and
by clear and convincing evidence. honest belief of facts, the belief of the accused may
be considered in determining the unlawful
Effect of Justifying Circumstance aggression.
There is both no crime and no criminal.
NOTE: There is self-defense even if the aggressor
I. SELF-DEFENSE < used a toy gun, provided that the accused believed it
Justified because of man’s natural instinct to protect, to be a real gun.
repel, and save his person or rights form impending danger
or peril. It is based on necessity and that impulse of self- b. Reasonable necessity of the means employed to
preservation born to man and part of his nature as a human prevent or repel it;
being. (Castanares vs CA). Presupposes the existence of unlawful aggression,
which is either imminent or actual.
Subjects of Self-Defense: (PPRH)
(1) Defense of Persons “To prevent or repel”
(2) Defense of Property A threat to inflict real injury places a person in
(3) Defense of Rights imminent danger; thus, it must be prevented.
(4) Defense of Honor An actual physical assault places a person in actual
danger; thus, it must be repelled.
Requisites Of Self Defense: (URL)
a. Unlawful aggression on the part of the victim Elements:
against the accused’s person or rights a. Necessity for the course of action
Self-Defense includes not only the define of the b. Necessity of the means employed
person or body of the one assaulted but also that of Note: BOTH of elements must be reasonable.
his rights, that is, those rights the enjoyment of
which is protected by law. These include — The test of reasonableness depends on the
i. Right to life circumstances of each case. It depends on the nature
ii. Right to property and extent of the unlawful aggression.
iii. Right to honour
When there is no peril to one’s life, limb, or rights, In determining whether it was reasonable, self-
there is no unlawful aggression. preservation is of paramount consideration.
“Actual” The danger must be present, that is, actually c. Lack of sufficient provocation on the part of the
in existence. offender.
To be entitled to the benefit of self-defense, the one
“Imminent” The danger is on the point of happening. defending himself must not have given cause for the
It is not required that the attack already begins, for aggression by his unjust conduct or by inciting or
it may be too late. There must be actual physical provoking the assailant.
force or actual use of weapon • No provocation at all was given to the
aggressor by the person defending himself;
No Unlawful Aggression when there is agreement • Even if a provocation was given, it was not
to fight PROVIDED that: sufficient; or
(1) The challenge is voluntarily accepted. • Even if the provocation was sufficient, it was
If NOT voluntarily accepted, an attack not given by the person defending him-self;
subsequent to it is becomes an unlawful • Even if a provocation was given by the per-
aggression. son defending himself, it was not proximate
(2) It occurred at the stipulated time and place. and immediate to the act of aggression.
If NOT at the stipulated time and place, an Note: The exercise of a right cannot give rise to
attack subsequent to it becomes an unlawful sufficient provocation.
aggression.
One who voluntarily joins a fight cannot claim
How to determine the sufficiency of provocation:
self-defense.
The provocation is sufficient if it is adequate to stir
the aggressor to its commission.
The provocation is sufficient: NOTE: The fact that the relative defended gave
(1) When one challenges a person into a fight. provocation is immaterial. It does not negate the
(2) When one hurls invectives at another. application of this justifying circumstance, as long
as the person defending had no part in such
NOTE: The requisite of “lack of sufficient provocation.
provocation” refers EXCLUSIVELY to “the person
defending himself.” Thus, if the accused appears to Relatives that can be defended:
be the aggressor, it cannot be said that he was (1) Spouse
defending himself from the effect of another’s (2) Ascendants
aggression. (3) Descendants
(4) Legitimate, natural, or adopted brothers or
RULES IN SELF-DEFENSE sisters
(5) Relative by affinity within the same degree
(1) Retaliation is not a self-defense (6) Relative by consanguinity within the fourth civil
• In retaliation, the aggression begun by the degree
injured party already ceased when the person
invoking self-defense attacked him. “in-laws” relatives
Survives the death of either party to the marriage which
• When unlawful aggression ceases, the created the affinity.
defendant no longer has the right to kill or even
wound the aggressor. Blood relatives:
(2) The attack made by the deceased and the killing of the (1) Parents
deceased by the defendant should succeed each other (2) Legitimate Brothers and sisters
without appreciable interval of time. (3) Uncles, Nieces, Aunts, Nephews
(3) The unlawful aggression must come from the person (4) First cousins
who was attacked by the person invoking self-defense.
(4) Nature, character, location, and extent of the wound of
III. DEFENSE OF STRANGERS <
the person invoking self-defense allegedly inflicted by
Requisites:
the injured party may belie claim of self-defense.
a. Unlawful aggression to the stranger defended;
(5) Probability of the deceased being the aggressor belies
the claim of self-defense.
NOTE: STRANGERS - any person not included in
the enumeration of relatives under par. 2 of Art. 11.
Q: What is the effect when not all the requisites for self-
Damage to another includes injury to persons and
defense are present?
damage to property.
A: The accused cannot claim self-defense as a justifying
circumstance. However he could be entitled to either of
b. Reasonable necessity of the means employed to
the following provided unlawful aggression is present:
prevent or repel it; and
• Ordinary mitigating circumstance — at least one c. The person defending is not induced by revenge,
requisite which is unlawful aggression is present resentment or other evil motives.
• Privileged mitigating circumstance — at least two
requisites, one is unlawful aggression is present NOTE: Even if a person has a standing grudge
against the assailant, if he enters upon the defense
II. DEFENSE OF RELATIVES < of a stranger out of generous motive to save the
The person making defense is prompted by some noble or stranger from serious bodily harm or possible
generous sentiment in protecting and saving a relative. death, the third requisite of defense of stranger
still exists. The third requisite would be lacking if
Requisites: such person was prompted by his grudge against
a. Unlawful aggression to the relative of the person the assailant, because the alleged defense of the
invoking defense of relatives; stranger would be only a pretext.
b. Reasonable necessity of the means employed to
prevent or repel it; and NOTE: This circumstance requires the person making
c. In case the provocation was given by the person defense to be actuated by disinterested or generous
attacked, the one making the defense had no part motives.
therein.
Furnishing a weapon to one in serious dan-ger of being • It is not necessary that there be unlawful
throttled or about to be throttled is defense of stranger. aggression against the person charged with the
protection of the property; otherwise, it will fall
under self-defense. (Reyes)
IV. AVOIDANCE OF GREATER EVIL OR INJURY >
Requisites:
VI. OBEDIENCE TO AN ORDER ISSUED FOR SOME
a. The accused does an act which causes damage to
LAWFUL PURPOSE >
another in order to avoid an evil or injury which
actually exists, and is not brought about by the Requisites:
accused’s own acts; a. That an order has been issued by a superior;
b. That such order must be for some lawful purpose;
• Evil sought to be avoided must not be merely
and
expected or anticipated or may happen in the
c. That the means used by the subordinate to carry
future.
out said order is lawful.
• The state of necessity must not be brought
about by the accused himself
This circumstance refers to an unlawful order with the
b. That the injury feared be greater than that done to
appearance of legality. Subordinate is not liable for
avoid it;
carrying out an illegal order if he is not aware of its
• An exercise of right is not an evil to be
illegality and has exhibited no negligence.
justifiably avoided.
c. That there be no other practical or less harmful
Presupposes that what was obeyed by the accused was a
means of preventing it
lawful order.
• Greater evil must NOT be brought about by
the negligence or imprudence or violation of
If the accused complied with an UNLAWFUL order under
law by the actor.
a MISTAKE OF FACT he should not incur a criminal liability.
NOTE: It is only in this paragraph of Art. 11 where there is

civil liability, BUT the civil liability is borne by the persons
VII. BATTERED WOMAN SYNDROME (BWS) >
benefited. [Art. 101] i.e., if firemen had to ram cars blocking
R.A. No. 9262, otherwise known as the “Anti-Violence
their entry to a burning building, the persons the firemen
Against Women and their Children Act of 2004”, provided
would save from the fire bear the civil liability.
the defense for the Battered Women Syndrome which took
effect on 27 March 2004.
State Of Necessity vs Accident
Article 11, Par. 4 Article 12, Par. 4 Battered Woman, Defined

A woman who is repeatedly subjected to any forceful
Offender deliberately Offender accidentally physical or psychological behavior by a man in order to
caused damage caused damage coerce her to submit to his bidding with no concern for
her rights.
• Includes wives or women in any form of intimate
V. FULFILLMENT OF DUTY OR LAWFUL EXERCISE relationship with men.
OF RIGHT OR OFFICE > • Successfully invoking the Battered Woman
Requisites: Syndrome will create the effect of a circumstance of
a. That the accused acted in the performance of duty self-defense.
or in the lawful exercise of a right or office; and
b. That the injury caused or the offense com-mitted THREE PHASES OF THE “CYCLE OF VIOLENCE”
be the necessary consequence of the due (1) Tension building phase;
performance of duty or the lawful exercise of such This is the phase where minor batterings in the form of
right or office. verbal or slight physical abuse occurs. Here, the woman
tries to pacify the batterer through a show of kind,
Lawful exercise of rights or office nurturing behavior; or by simply staying out of his way.
Applying Art. 429 of the Civil Code, if, in protecting his
possession of the property, he injures (not seriously) the (2) Acute battering incident;
one trying to get it from him, he is justified under this The same is characterized by brutality, destructiveness
paragraph. (Reyes) and sometimes, death. The battered woman usually

realizes that she cannot reason with him and that V. Uncontrollable fear
resistance would only exacerbate her condition. VI. Insuperable cause
(3) Tranquil, loving (or, at least, nonviolent) phase. Burden of Proof

This is where the couple experience a compound relief The burden of proof to prove the existence of an
and the batterer may show a tender and nurturing exempting circumstances lies with the defense.
behavior towards his partner.
• In order to be classified as a battered woman, the JUSTIFYING EXEMPTING
couple must go through the battering cycle at least CIRCUMSTANCES CIRCUMSTANCES
twice. It affects the act not the It affects the actor not the
• Crucial to the BWS defense is the state of mind of the actor; emphasis of the law act; emphasis of the law is
battered woman AT THE TIME OF THE OFFENSE - is on the act on the actor
she must have actually feared imminent harm from The act is considered to The act complained of is
her batterer and honestly believed in the need to kill have been done within the actually wrongful, but the
him in order to save her life. bounds of law; hence, actor is not liable.
legitimate and lawful in
Requisites of BWS: the eyes of the law.
a. Each of the phases of the cycle of violence must be Since the act is Since the act complained
proven to have characterized at least two battering considered lawful, there is of is actually wrong, there
episodes between the appellant and her intimate no crime. is a crime but, since the
partner. actor acted without
b. The final acute battering episode preceding the voluntariness, there is no
killing of the batterer must have produced in the dolo or culpa.
battered person’s mind an actual fear of imminent No crime There is a crime
harm from her batterer and an honest belief that No civil liability (except There is civil liability
she needed to use force in order to save her life; Art. 11, par. 4, where there (except Art. 12, par 4 and 7,
c. At the time of the killing, the batterer must have is civil liability) where there is no civil
posed probable -- not necessarily immediate and liability
actual -- grave harm to the accused, based on the
history of violence perpetrated by the former
CIRCUMSTANCE BASIS OF EXEMPTION
against the latter.
I. Imbecility or Insanity Absence of intelligence
EXEMPTING CIRCUMSTANCES II. Minority Absence of intelligence

III. Accident Absence of criminal intent
RULE: When the offender acts in accordance with and fault
exempting circumstances during the commission of the IV. Compulsion of an Absence of freedom of
felony, he is exempt from criminal liability but not the civil irresistible force action or voluntariness
liability ex delicto. V. Impulse of an Absence of freedom of
uncontrollable fear action or voluntariness
Exempting circumstances are those by virtue of which, VI. Insuperable or lawful Absence of criminal intent
although the act is criminal, the law exempts the actor cause and fault
from liability.
I. Imbecility or Insanity
I. IMBECILITY OR INSANITY >
II. Minority
Imbecility, defined
a. Children who are 15 years of age or under at
Exists when a person, while of advanced age, has a mental
the time of the commission of the offense to
development comparable to that of children between two
an intervention program.
to seven years of age.
b. Children above 15 but below 18 who acted
without discernment. (Juvenile Justice and
Insanity, defined
Welfare Act, R.A. No. 9344)
Exists when there is a complete deprivation of intelligence
III. Accident without fault or intention of causing it
of freedom of the will. Mere abnormality of mental
IV. A person who acts under the compulsion of an
faculties is not enough especially if the offender has not
irresistible force
lost consciousness of his acts.

RULE • “Crazy is not synonymous with the legal terms

In imbecility or insanity, there must be a complete “insane, “non compos mentis,” “unsound mind,”
deprivation of intelligence, reason and discernment. The “idiot,” or “lunatic”.
offender is exempted because of complete absence of
intelligence. II. MINORITY >
Periods of Criminal Responsibility
• Insanity and imbecility to exempt under Par 1, must (1) Absolute irresponsibility — 15 years and below (until
be COMPLETE and they cannot be graduated in 15th birthday)
degrees of gravity. (Regalado, 2009) (2) Conditional responsibility — 15 years and 1 day to
• An insane person is not so exempt if it can be shown below 18 years (ages 15, 16 and 17).
that he acted during a lucid interval BUT an imbecile (3) Full responsibility — 18 years to 70 years
is exempt in all cases from criminal liability. (4) Mitigated responsibility — 15 years and 1 day to 18
• Feeblemindedness is not exempting but can be years, the offender acting with discernment AND
considered as mitigating. those over 70 years (senility). In this case, it is a
• Somnambulism or sleepwalking must be clearly privileged mitigating circumstance under Art. 68
proven to be considered as an exempting
circumstance under this article. Minors exempt from lliability
(1) Minors 15 years old or under (until 15th birthday)
TWO TEST OF INSANITY (2) Minors over 15 (15 years and 1 day) and under 18
(1) Test of COGNITION (those aged 16 and 17) who did not act with
Complete deprivation of intelligence in discernment
committing the crime.
(2) Test of VOLITION Discernment, defined
Total deprivation of freedom of will. Mental capacity to understand the difference between
right and wrong as determined by the child’s appearance,
NOTE: In the Philippines, both cognition and volition attitude comportment and behavior not only before and
test are applied there must be complete deprivation of during the commission of the offense but also after and
the intellect (cognition) or will or freedom (volition) during the trial.
The defense must prove that the accused was insane at It is manifested through:
the time of commission of the crime because the (1) Manner of committing the crime
presumption is always in favor of sanity. (2) Conduct of the offender
Effects Of The Insanity Of The Accused Discernment Intent

Time when accused Effect on criminal liability Refers to moral Refers to the desired result of
was insane significance the the person
At the time of the Exempt from liability person ascribes to the
act.
commission of the
crime
During trial Proceeding will be suspended JUVENILE JUSTICE AND WELFARE ACT OF 2006
and accused is committed to a (R.A. 9344)
hospital (1) The following are EXEMPT from criminal
After judgment or Execution of judgment is liability:
while serving suspended the accused is a. Children who are 15 years of age or under at
sentence committed to a hospital the the time of the commission of the offense
period of confinement in the to an intervention program.
hospital is counted for the i. If after the intervention there is no
purpose of the prescription of reform the minor shall be returned to
the penalty the court for the promulgation of the
decision against the minor: and then
• The fact that a person behaves in a crazy manner the court shall either decide on the
is not conclusive of insanity. sentence or extend the intervention.

b. Children above 15 but below 18 who acted

without discernment. The discharge of the child in conflict with the law
shall not affect the civil liability resulting from the
(2) If the child referred herein acted with commission of the offense (Section 39.)
discernment, he/she shall undergo diversion
programs without undergoing court proceedings
subject to the following conditions: (Section 23) SUMMARY OF RULES
a. Where the imposable penalty is not more
than 6 years of imprisonment, the Punong • If the judgment is an acquittal, the decision shall
Barangay or law enforcement officer shall immediately take effect without suspension and the
conduct mediation, family conferencing decision shall be promulgated and pronounced.
and conciliation. • If the judgment is conviction, the promulgation of the
b. Where the imposable penalty exceeds 6 decision and the sentence shall be suspended by the
years imprisonment, diversion measures court, the minor shall be ordered to undergo
may be resorted to only by the court. intervention, which shall have the following effects:
(1) If after the intervention, there is reform on the
(3) Exemption from criminal liability herein part of the minor, the minor shall be returned to
established does not include exemption from the court to dismiss the criminal case and
civil liability. dismiss the charges against the minor.
(4) The child in conflict with the law shall enjoy the (2) If after the intervention, there is no reform, the
presumption of minority until he/she is proven minor shall be returned to the court for the
to be 18 years old or older (Section 7, par. 1) promulgation of the decision against the minor,
and then the court shall either decide on the
The prosecutor shall conduct a preliminary sentence or extend the intervention.
investigation and file information upon
determination of probable cause in the following NOTE: Only when there is (1) refusal to be subjected to
instances (Section 33): reformation or (2) when there is failure to reform can the
child be subjected to criminal prosecution and the judicial
a. When the child in conflict with the law does system.
not qualify for diversion.
b. When the child, his/her parents or guardian III. ACCIDENT WITHOUT FAULT OR INTENTION
does not agree to diversion. OF CAUSING IT >
c. Upon determination by the prosecutor that Accident, defined
diversion is not appropriate for the child in An occurrence that happens outside the sway of our will,
conflict with the law. and although it comes about through some act of our will,
it lies beyond the bounds of humanly foreseeable
(5) Automatic Suspension of Sentence consequences.
Once the child who is under 18 years of age at the Accident presupposes the lack of intention to commit a
time of commission of the offense is found guilty wrong.
of the offense charged, the court shall determine
and ascertain any civil liability which may have Elements:
resulted from the offense committees. However, a. A person is performing a lawful act;
instead of pronouncing the judgment of b. With due care;
conviction, the court shall place the child in c. He causes injury to another by mere accident;
conflict with law under suspended sentence, d. Without fault or intention of causing it.
without the need of application and impose the
appropriate disposition measures as provided in IV. A PERSON WHO ACTS UNDER THE COMPULSION
the Supreme Court Rule on Juveniles in Conflict OF AN IRRESISTIBLE FORCE >
with the law. (Section 38) Elements : (PIT)
a. That the compulsion is by means of physical
(6) Upon recommendation of the social worker who force;
has custody of the child, the court shall order the b. That the physical force must be irresistible; and
finals discharge of the child.
c. That the physical force must come from a third than the damage the damage caused to avoid
person. caused by the accused. it.
NOTE:
• Passion and obfuscation cannot amount to VII. INSUPERABLE CAUSE >
irresistible force. Elements:
• The force must be irresistible as to reduce the a. That an act is required by law to be done;
actor to a mere instrument who acts not only b. That a person fails to perform such act; and
without will but against his will. c. That his failure to perform such act was due to
• The person who used the force or created the fear some lawful or insuperable cause.
is criminally and primarily civilly liable, but the
accused who performed the act involuntarily and Insuperable cause, defined
under duress is still secondarily liable. (Art. 101) A motive which has lawfully, morally or physically
• The compulsion must be of such character as to prevented a person to do what the law commands.
leave no opportunity to the accused for escape or
self-defense in equal combat. MITIGATING CIRCUMSTANCES
VI. UNCONTROLLABLE FEAR > MITIGATING CIRCUMSTANCES

Elements : Those, if present in the commission of the crime, serve to
a. That the threat which causes the fear is of an evil reduce the penalty, not to change the nature of the crime.
greater than, or at least equal to, that which he is I. Incomplete justifying or exempting
required to commit; and circumstances
• Presupposes that a person is compelled II. Over 15 but under 18 years old, if there is
to commit a crime by another, but the discernment or over 70 years old
compulsion is by means of intimation or III. No intention to commit so grave a wrong
threat, not force or violence. IV. Provocation or Threat
b. That it promises an evil of such gravity and
V. Vindication of grave offense
imminence that an ordinary man would have
VI. Passion or obfuscation
succumbed to it.
VII. Voluntary surrender and confession of guilt
NOTE:
VIII. Physical defect of offender
• Duress as a valid defense should be based on a real,
IX. Illness of the offender
imminent, or reasonable fear for one’s life or limb
X. Similar or analogous circumstances
and should not be speculative, fanciful, or remote
fear.
RATIONALE: They are based on the diminution (as
• The compulsion must be of such character as to
opposed to complete absence) of either —
leave no opportunity to the accused for escape or
(1) Freedom of action
self-defense in equal combat.
(2) Intent, or
• It must presuppose intimidation or threat, not
(3) Lesser perversity of the offender
force or violence, otherwise this would fall under
par. 5 on Irresistible Force.
NOTE: A mitigating circumstance arising from a single fact
absorbs all the other mitigating circumstances arising
IRRESISTIBLE FORCE UNCONTROLLABLE FEAR
from the same facts
A third person uses A third person employs
violence or physical intimidation or threat to
ORDINARY PRIVILEGED
force to compel the compel the person invoking
MITIGATING MITIGATING
person invoking Uncontrollable Fear to
Can be offset by any
Irresistible Force to commit a crime. Cannot be offset by any
aggravating
commit a crime. aggravating circumstance
circumstance
Must have been made May be generated by a
Results in the benefit of
to operate directly threatened act directed to a Results in the benefit of
lowering the imposable
upon the person of the third (3rd) person. lowering the imposable
penalty, whether divisible
accused. penalty to the minimum
or indivisible, by one or
The injury feared may The evil feared must be period.
two degrees.
be of a lesser degree greater or at least equal to

They are not considered Always considered State of Necessity The evil sought to be avoided
when what is prescribed whether the imposable actually exists
is a single indivisible penalty is divisible or Performance of Duty The accused acted in the
penalty indivisible performance of a duty or in
the lawful exercise of right or
CIRCUMSTANCE BASIS OF office
EXEMPTION Obedience to Order of An order has been issued by a
I. Incomplete justifying Depends Superior superior
or exempting Minority above 15 but Age of minor below 18
circumstances below 18 years of age
II. Over 15 but under 18 Diminution of Causing injury by The accused in performing a
years old, if there is intelligence mere accident lawful act
discernment or over 70 Irresistible Force There is a compulsion by
years old means of physical force
III. No intention to commit Diminution of intent Uncontrollable Fear There is a threat which causes
so grave a wrong a feat of an evil greater than,
(Praeter intentionam) or at least equal to, that which
IV. Provocation or Threat Diminution of he is required to commit
intelligence and intent
V. Vindication of grave Diminution of
offense intelligence and intent II. OVER 15 BUT UNDER 18 YEARS OLD, IF THERE IS
VI. Passion or obfuscation Diminution of DISCERNMENT OR OVER 70 YEARS OLD >
intelligence and intent
VII. Voluntary surrender Lesser perversity of It is the age of the accused at the time of the commission
and confession of guilt the offender of the crime which should be determined. His age at the
time of the trial is immaterial.
VIII. Physical defect of Diminution of freedom
offender
LEGAL EFFECTS OF VARIOUS AGES OF OFFENDER:
IX. Illness of the offender Diminution of
intelligence and intent (1) 15 and below
Exempting
X. Similar or analogous Depends
circumstances (2) Above 15 but under 18
Exempting unless acted with discernment. But
I. INCOMPLETE JUSTIFYING OR EXEMPTING even with discernment, penalty is reduced by one
CIRCUMSTANCES > (1) degree lower than that imposed. [Art. 68, par. 2,
amended by R.A. 9344]
General Rule: Treated as Ordinary Mitigating (3) Minor delinquent under 18 years of age who acted
Circumstance with discernment
Sentence suspended. [Art. 192, PD 603 as amended
Exception: Treated as Privileged Mitigating Circumstance by PD 1179, referred to as Children in Conflict with
(If majority of the elements of the justifying or exempting the Law under RA 9344]
circumstance is present.)
CHILD IN CONFLICT WITH THE LAW
• If the justifying or exempting circumstances has an
(DEFINITION)
even (2, 4, etc.) number of elements, half of it would
A child who is alleged as, accused of, or adjudged
already constitute the majority. as having committed an offense under Philippine
laws.
Indispensable Requisites of Justifying/Exempting
Circumstances (4) 18 years or over
Full criminal responsibility.
CIRCUMSTANCE INDISPENSABLE ELEMENT
Self-Defense Unlawful Aggression (5) 70 years or over
Defense of Relatives Unlawful Aggression Mitigating, no imposition of death penalty [Art. 47];
Defense of Strangers Unlawful Aggression if already imposed, execution of death penalty is
suspended and commuted. [Art. 83]

III. NO INTENTION TO COMMIT SO GRAVE A WRONG > NOTE:

• The threat should not be offensive and
Rule for the application: positively strong. Otherwise, the threat to
This can be taken into account only when the facts proven inflict real injury is an unlawful aggression,
show that there is a notable and evident disproportion which may give rise to self-defense.
between the means employed to execute the criminal act • An attack BEFORE the commencement of the
and its consequences. agreed fight is sufficient provocation, provided
• Intention, being an internal state, must be judged that it is not that strong so as to amount to an
by external acts. unlawful aggression. Otherwise, the rules on
• Intention may be ascertained by considering: self-defense apply.
(1) The weapon used • Lawful performance of duty does not give rise
(2) The part of the body injured to sufficient provocation.
(3) The injury inflicted • Vague threats are not enough so as to amount
(4) The manner it is inflicted to sufficient provocation. (i.e. “If you do not
agree, beware!”) (Reyes)
NOTE:
• NOT applicable to felonies by negligence PROVOCATION AS PROVOCATION AS A
• NOT applicable to felonies where intention is REQUISITE OF MITIGATING
immaterial INCOMPLETE CIRCUMSTANCE
• NOT appreciated in cases where there is no SELF-DEFENSE
material harm done. It pertains to its absence It pertains to its presence
• Intent at the time of the commission of the on the part of the person on the part of the offended
felony not during the planning stage should be defending himself. party.
considered.
V. VINDICATION OF GRAVE OFFENSE >

IV. PROVOCATION OR THREAT >
Requisites:
Provocation, Defined
a. That there be a grave offense done to the one
Any unjust or improper conduct or act of the offended
committing the felony, his spouse, ascendants,
party capable of exciting inciting or irritating any one.
descendants, legitimate, natural or adopted
brothers or sisters or relatives by affinity within
Requisites:
the same degrees; and
a. The provocation must be sufficient;
b. That the felony is committed in the immediate
vindication of such grave offense within a
Sufficient means adequate to excite a person to reasonable amount of time
commit the wrong and must accordingly be
proportionate to its gravity. “Immediate” Allows for a lapse of time as long as
the offender is still suffering from the mental agony
As to whether or not the provocation is sufficient, brought about by the offense to him.
the following factors are to be considered:
(1) The act constituting the provocation.
“Grave offense” Includes any act that is offensive
(2) The social standing of the person
to the offender or his relatives and the same need
provoked.
not be unlawful.
(3) The place and time when the provocation
is made.
NOTE:
• That grave offense must be the proximate cause
b. It must originate from the offended party;
or proximate to the act of the offender.
c. The provocation must be personal and directed to
• The grave offense must be directed to the person
the accused; and must be immediate to the act, or
invoking Vindication of Grave Offense.
the commission of the crime.
• Vindication of grave offense cannot co-exist
with passion or obfuscation if based on one
“Immediate” means that no interval of time should
single fact.
elapse between the provocation and the
commission of the crime. (People vs Pagal)
PROVOCATION VINDICATION NOTE:

It is made directly only to The grave offense may be • The act of the offended party must be unlawful or
the person committing committed also against unjust.
the felony. the offender’s relatives • This mitigating circumstance may be appreciated
mentioned by law. even if the reported act causing the obfuscation
The cause that brought The offended party must was not true, as long as it was honestly and
about the provocation have done a grave offense reasonably believed by the accused to be true.
need not be a grave to the offender or his • No passion or obfuscation after twenty-four (24)
offense. relatives mentioned by hours, or several hours or half an hour elapsed
law. between the cause of the passion or obfuscation
It is necessary that the The vindication of the and commission of the crime.[34]
provocation or threat grave offense may be • The crime committed must not be planned or
immediately preceded proximate, which admits calmly meditated or deliberately fermented by him
the act. of an INTERVAL of time. for a considerable period of time.[35]
It is mere spite against It concerns the honor of a • Obfuscation may arise from jealousy, provided that
the one giving the person. it arises from lawful sentiments. (i.e. not legitimate
provocation or threat. wife; in a legitimate relationship)
• The cause producing passion or obfuscation must
come from the offended party because it only
VI. PASSION OR OBFUSCATION > mitigates that of the crime committed to him.
• Vindication of grave offense cannot co-exist with
Rationale: When there are causes naturally producing in a passion or obfuscation if based on one single fact.
person a powerful excitement, he loses his reason and self-
control, thereby diminishing the exercise of his will-power General Rule: One single fact cannot be made the basis of
(US vs Salandanan) a different modifying circumstances.
Requisites: Exception: When there are other facts, although closely

a. The accused acted upon an impulse so powerful connected with the fact upon which one circumstance is
that it naturally produced passion or obfuscation premised, the other circumstances may be appreciated as
in him based on other fact.
b. The impulse arose out of the lawful sentiments of
the offender such that it was created by unlawful MITIGATING WHEN: NOT MITIGATING WHEN:
or unjust acts by the offended party. The accused acted The act is committed in a
NOTE: Passion or obfuscation must arise from upon an impulse. spirit of lawlessness.
lawful sentiments of the offender. Meaning that The impulse must be so The act is committed in a
the crime committed by the accused must be powerful that it spirit of revenge.
provoked by prior unjust or unlawful acts of the naturally produced
injured party. passion or obfuscation
‣ It cannot apply when the act is committed in a in him.
spirit of lawlessness or revenge.
c. Such act must not be far removed from the DISTINGUISH
commission of the crime by a considerable amount PASSION OR IRRESISTIBLE
of time, during which the perpetrator might OBFUSCATION FORCE
recover his normal equanimity
Mitigating Exempting
NOTE: The defense must prove that the act which Comes from the offender Comes from a third person
produced passion or obfuscation took place at a himself
time not far removed from the commission of the
Arises from lawful Arises from unlawful
crime
sentiments sentiments
PASSION OR PROVOCATION
Passion and obfuscation cannot be mitigating in a
OBFUSCATION
crime which is planned and calmly meditated
before its execution. It presupposes a sudden Produced by an impulse Comes from the injured
which may be caused by party
impulse of natural and uncontrollable fury in the
“spur of the moment” (People vs Pagal) provocation

An amount of time may Must immediately • It must be spontaneous.

pass as long as the precede the commission • Intent of the accused to submit himself
offender has not of the crime unconditionally to the authorities must be
recovered his normal either because he acknowledges his guilt or
equanimity. he wishes to save them the trouble and
Effect is the loss of reason and control of the offender expense necessarily incurred in his search
and capture the conduct of the accused
Passion and obfuscation CANNOT co-exist with: determines the spontaneity of the arrest.
(1) Vindication of Grave offense • In order to appreciate this circumstance, the
(2) Treachery surrender of the accused must precede the
(3) Evident premeditation service of warrant of arrest to the accused or
its return when not served because the
VII. VOLUNTARY SURRENDER AND accused cannot be located.
CONFESSION OF GUILT > • Posting of bonds amount to voluntary
surrender.
The paragraph contains two (2) mitigating
circumstances: When surrender is considered NOT voluntary
(1) Voluntary surrender to a person in authority or • Intention to surrender without actually
his agents. surrendering is not mitigating
(2) Voluntary confession of guilt before the court • Not mitigating when defendant was in fact
prior to the presentation of evidence for the arrested
persecution. • Surrender of weapon cannot be equated
with voluntary surrender. It must be the
Note: If both are present, there will be two independent accused in his person.
ordinary mitigating circumstances. • Surrender of accused must not be
accompanied by a condition.
(1) VOLUNTARY SURRENDER
Requisites: (2) CONFESSION OF GUILT
a. That the offender had not been actually arrested. Requisites:
b. That the offender surrendered himself to a a. That the offender spontaneously confessed his
person in authority or to the latter’s agent; and guilt
b. That the confession of guilt was made in open
“PERSON IN AUTHORITY“ One directly vested court, that is, before the competent court that is
with jurisdiction which is the power to govern to try the case;
and to execute the laws, whether as an individual c. That the confession of guilt was made prior to
or as a member of some court or government the presentation of evidence for the prosecution;
corporation, board or commission.
NOTE: All that the law requires is voluntary plea
“AGENT OF A PERSON IN AUTHORITY” One of guilty prior to the presentation of the evidence
who by direct provision of the law or by election by the prosecution. Thus, even if during
or by appointment by competent authority is arraignment, the accused pleaded not guilty, he
charged with the maintenance of public order is entitled to this mitigating circumstance as long
and protection and security of life and property as he withdraws his plea of not guilty and
and any person who comes to the aid of person thereafter pledges guilty to the charge before
in authority [Art. 152, as amended by R.A. 1978] the fiscal could present his evidence.
NOTE: Surrender must be made to a person in A plea of guilty on appeal is NOT mitigating. This
authority or his agent. Otherwise, a defense will is because the rationale of spontaneous
not be appreciated under this circumstance, willingness of the accused to admit to the
although it may be appreciated under paragraph commission of the crime charged is absent.
10, on analogous circumstances.
d. That the confession of guilt was to the offense
c. That the surrender was voluntary. charged in the information

VIII. PHYSICAL DEFECT OF OFFENDER > (6) Wartime state of confusion resulting in illegal
possession of firearm after the liberation, as being
When the offender is deaf and dumb, blind or otherwise similar to lack of intent to commit so grave a
suffering from some physical defect, restricting his means wrong.
of action, defense or communication with other. (7) Voluntary return of funds malversed by the
accused, as equivalent to voluntary surrender.
The physical defect must relate to the offense committed. (BAR 2011)
(e.g. blindness does not mitigate Estafa.) (8) Testifying for the prosecution without being
discharged from the information, as being like a
Dumb, Defined plea of guilty
Lacking the power of human speech
CIRCUMSTANCES WHICH ARE NEITHER
GENERAL RULE: All of the physical defects of the offender EXEMPTING NOR MITIGATING:
must be proven that such defect restricted his freedom of (1) Mistake in the blow (aberratio ictus)
action and understanding. (2) Mistake in the identity
(3) Entrapment
EXCEPTION: Complete blindness (BAR 2011) (4) Accused is over 18 years of age
Requisites: PRIVILEGED MITIGATING CIRCUMSTANCES

a. That the offender is deaf and dumb, blind or (1) MINORITY (Art. 68)
otherwise suffering some physical defect By virtue of RA 9344 or the Juvenile Justice and
b. Such defect restricts his means of action, defense, Welfare Act, minority is always at least a privileged
or communications with his fellow beings mitigating circumstance
c. The defect must relate to the crime committed a. Minors below 15 years and below —
exempting circumstance
NOTE: This paragraph does not distinguish between the b. Minors over 15 years but under 18 acting
educated and uneducated person with physical defects. without discernment — exempting
circumstance
IX. ILLNESS OF THE OFFENDER > c. Minors over 15 years but under 18 acting
Requisites: with discernment — privileged mitigating
a. That the illness of the offender must diminish the under Art. 68
exercise of his will-power; and
(2) MAJORITY OF THE REQUIREMENTS TO JUSTIFY OR
NOTE: This may cover illnesses of the mind, EXEMPT IS PRESENT (Art. 69)
body, nerves, or the moral faculty. (People vs NOTE: When the circumstance only requires two
Francisco) elements, the presence of one is considered a
b. That such illness should not deprive the of- majority. This is a privileged mitigating circumstance
fender of consciousness of his acts. which cannot be offset by any aggravating
circumstance and is considered even if the penalty
X. SIMILAR OR ANALOGOUS CIRCUMSTANCES > prescribed is single and indivisible under par. 1 of Art.
Examples: 63. (People vs Oanis)
(1) Over 60 years old with failing sight, similar to over
70 years of age under par. 2. If there is only one or less than majority of the
(2) The act of the accused leading the law enforces to elements present, the incompleteness is a mitigating
the place where he buried the instruments he used circumstance under Art. 13, and can be offset by a
to commit the crime are similar to voluntary generic aggravating circumstance.
surrender.
(3) Extreme poverty, as similar to a state of necessity, SPECIFIC MITIGATING CIRCUMSTANCES
which may apply to crimes against poverty but not (1) Voluntary release within three days; without
violence, such as murder. attaining purpose; before criminal action (Illegal
(4) Outraged feeling of unpaid creditor, as kin to Detention)
vindication and obfuscation. (2) Abandonment of spouse (Adultery)
(5) Appeal to the spirit de corps of the accused, as (3) Intent to conceal dishonor of mother
analogous to passion. (Infanticide/Abortion)

AGGRAVATING CIRCUMSTANCES (2) SPECIFIC- Those which apply only to particular

crimes.
AGGRAVATING CIRCUMSTANCES A. Disregard of rank, age, or sex due the offended
Those which, if attendant in the commission of the crime, party in crimes against persons and honor;
serve to increase the penalty without however, exceeding B. Abuse of superior strength in crimes against
the maximum of the penalty provided by law for the persons, illegal detention, robbery with rape,
offense; or changing the nature of the crime. multiple rape, robbery with homicide;
C. Means employed to weaken the defense in
BASIS: Greater perversity of the offender manifested in crimes against persons and sometimes in crimes
the commission of the felony as shown by: against person and property;
1. the motivating power behind the act D. Treachery in crimes against persons;
2. the place where the act was committed E. Ignominy in crimes against chastity;
3. the means and ways used F. Cruelty in crimes against persons;
4. the time G. Band in crimes against property, crimes against
5. the personal circumstance of the offender person, illegal detention, and treason.
and/or of the victim H. Use of unlicensed firearms in the murder or
homicide committed therewith.
MUST BE ALLEGED IN THE INFORMATION Absorbed in rebellion, insurrection, sedition, and

If aggravating circumstance (this includes both qualifying attempted coup d’etat. [R.A. 8294]
and generic) are not alleged in the information, they
cannot be taken into consideration. (Sec. 8, Rule 110, Rules (3) QUALIFYING- Those that change the nature of the
of Criminal Procedure) crime.
A. Crime committed on the occasion of a
Even if the qualifying circumstance was proven by the conflagration, shipwreck, earthquake, epidemic
prosecution, but was not alleged, it cannot be taken into or other calamity or misfortune.
account, even as a generic aggravating circumstance B. Aid of armed or persons who insure or afford
(Rugas vs People) impunity.
C. Price, reward, promise.
EFFECT D. Crime committed by means of inundation, fire,
The presence of aggravating circumstance increases the poison explosion, stranding of a vessel or
imposable penalty to the maximum penalty. Except when intentional damage there, derailment of a
they are not considered when what is prescribed is a single locomotive, or by the use of any other artifice
indivisible penalty. involving great waste and ruin.
E. Evident Premeditation
KINDS OF AGGRAVATING CIRCUMSTANCES F. Abuse of Superior Strength or Employment of
(1) GENERIC- Those that can generally apply to all crimes. means to weaken defense
These are the circumstances in Art. 14, par 1, 2, 3 G. Treachery (Alevosia)
(dwelling), 4, 5, 6, 9, 10, 14, 18, 19 and 20 (except by H. Crimes committed by means of motor vehicle
means of motor vehicles) I. Cruelty
A. Advantage taken of public position;
B. Contempt or insult of public authority; (4) INHERENT - Those which necessarily accompany the
C. Crime committed in the dwelling of the commission of the crime, therefore not considered in
offended party; increasing the penalty to be imposed, such as:
D. Abuse of confidence or obvious A. Evident premeditation in robbery, theft, estafa,
ungratefulness; adultery and concubinage;
E. Place where crime is committed; B. Abuse of public office in bribery;
F. Nighttime, uninhabited place, or brand; C. Breaking of a wall or unlawful entry into a house
G. Recidivism; in robbery with the use of force upon things;
H. Habituality; D. Fraud in estafa;
I. Craft, fraud, or disguise; E. Deceit in simple seduction;
J. Unlawful entry; F. Ignominy in rape.
K. Breaking of parts of the house;
L. Use of persons under 15 years of age. These do not increase criminal liability or the penalty.

These may be circumstances: RULES ON AGGRAVATING CIRCUMSTANCES

a. Which in themselves constitute a crime
specially punishable by law (1) Aggravating circumstances shall not be
b. Which are included by law in defining a crime appreciated if:
• This means that the circumstance is an A. They constitute a crime especially punishable
integral element in the crime by law; or
c. Inherent in the crime to such a degree that it B. They are included by the law in defining a
must of necessity accompany the commission crime and prescribing a penalty therefore.
thereof
• These are circumstances which (2) The same rule shall apply with respect to any
necessarily accompany the commission aggravating circumstance inherent in the crime to
of the crime. such a degree that it must of necessity accompany
d. Inherent in other aggravating circumstances the commission thereof. [Art. 62, par.2]
• This is when an aggravating
circumstance may be absorbed by other (3) Aggravating circumstances which arise from the
aggravating or qualifying circumstance
sources listed below shall only serve to aggravate
the liability of the principals, accomplices and
(5) SPECIAL - Those which arise under special conditions
accessories as to whom such circumstances are
to increase the penalty of the offense and cannot be
attendant even if there was conspiracy:
offset by mitigating circumstances, such as:
A. Those from the moral attributes of the
A. Quasi-recidivism [Art. 160];
offender; or
B. Complex crimes [Art. 48];
B. Those from his private relations with the
C. Error in personae [Art. 49];
offended party; or
D. Taking advantage of public position and
C. Those from any personal cause. [Art. 62, par. 3]
membership in an organized/syndicated
crime group [Par. 1[a], Art. 62];
(4) The circumstances which consist of the following
E. Use of unlicensed firearm in homicide or
shall serve to aggravate the liability of those
murder.
persons only who had knowledge of them at the
These CANNOT be offset by ordinary mitigating time of the execution of the act or their cooperation
circumstances therein:
A. In the material execution of the act, or
Unlike qualifying circumstances, these do not change B. In the means employed to accomplish it. [Art.
that character of the offense charged but guides the 62, par. 4]
court in imposing the proper penalty
(5) Aggravating circumstances, regardless of its kind,
GENERIC QUALIFYING should be specially alleged in the information AND
AGGRAVATING AGGRAVATING proved as fully as the crime itself in order to
As to its effect increase the penalty. [Sec. 9, Rule 110, 2000 Rules of
Increases the penalty To give the crime its Criminal Procedure] Such circumstances are not
which should be imposed proper and exclusive name presumed.
upon the accused to the and to place the author (Generic aggravating circumstances, even if not
maximum period but thereof in such a situation alleged in the information, may be proven during
without exceeding the as to deserve no other trial over the objection of the defense and may be
limit prescribed by law. penalty than that specially appreciated in imposing the sentence.)
prescribed by law for said
crime. (6) When there are more than one qualifying
As to whether it can be offset by mitigating aggravating circumstances present, one of them
circumstances will be appreciated as qualifying aggravating while
May be offset by an Cannot be offset by a the others will be considered as generic
ordinary mitigating mitigating circumstance aggravating.
circumstance since it is since it is considered an
not an ingredient of the ingredient of the crime.
crime.
Par 1: Par 3:
That advantage be taken by the offender of his public That the act be committed:
position. (1) with insult or in disregard of the respect due the
offended party on account of his (a) rank, (b) age, or
Applicable only when the offender is a public officer. (c) sex; or
(2) That it be committed in the dwelling of the
As a means by which he realizes his purpose, the public offended party, if the latter has not given
officer must use: provocation.
(1) Influence
(2) Prestige or “Rank of the offended party” The designation or title of
(3) Ascendancy. distinction used to fix the relative position of the offended
party in reference to others.
• It cannot be taken into consideration in offenses
where taking advantage of official position is an “Age of the offended party” May refer to old age or the
integral element of a crime. (i.e. Malversation under
tender age of the victim.
Art. 217)
• It is also inherent in the case of accessories under
“Sex of the offended party” Refers to the female sex, not
Art. 19, par. 3 (harboring, concealing, or assisting in
to the male sex.
the escape of the principal of the crime), and in
crimes committed by public officers (Arts. 204-245).
• If all the four circumstances are present, they have
• R.A. 7659 provides that crimes committed by a public
the weight of four different aggravating
officer will be given the penalty prescribed at its
circumstances.
maximum, regardless of the nature and number of
• Disregard of rank, age or sex is essentially applicable
mitigating circumstances.
only to crimes against person or honor.
• Not aggravating if accused could have perpetrated
• Offender must deliberately offend the rank, age, or
the crime without occupying public position.
sex of the offended party.
• The offender must have a superiority over the
Par 2:
offended party in terms of the invoked social
In contempt of or with insult to the public authorities.
condition.
Requisites:
The aggravating circumstance of disregard of rank, age,
a. That the public authority is engaged in the exercise
or sex is NOT applicable in the following cases:
of his functions;
(1) When the offender acted with passion and
b. That the public authority is not the person against
obfuscation;
whom the crime is committed;
(2) When the condition of being a woman is
c. The offender knows him to be a public authority;
indispensable in the commission of the crime. (e.g.
d. His presence has not prevented the offender from
abduction, seduction and rape)
committing the criminal act.
Dwelling, defined
• Teachers or professor of a public school or
A building or structure, EXCLUSIVELY USED FOR REST
recognized private school and lawyers are NOT
AND COMFORT.
“public authority” within the contemplation of this
• A “combination of a house and a store” or a market
paragraph.
stall where the victim slept is not a dwelling.
• Par 2 of Art. 14 do NOT apply when crime is
• Includes dependencies, the foot of the staircase and
committed in the presence of an agent only.
enclosure under the house.
• Knowledge that a public authority is present is
• Does not mean the permanent residence or domicile
essential. Lack of such knowledge indicates lack of
of the offended party or that he must be the owner
intention to insult the public authority. (People v.
thereof. He must, however, be actually living or
Rodil)
dwelling therein even for a temporary duration or
• If an assault is committed is against the public
purpose.
authority while in the performance of his duty, the
• It is not necessary that the accused should have
offender commits direct assault without these
actually entered the dwelling of the victim to commit
aggravating circumstances.
the offense.

• The aggravating circumstances of dwelling requires Par 4:

that the crime be wholly or partly committed therein (1) Abuse of confidence; or (2) Obvious ungratefulness
or in any integral part thereof.
• Even if the killing took place outside the dwelling, it (1) Requisites of abuse of confidence: (TAF)
is aggravating provided that the commission of the a. That the offended party had trusted the offender.
crime began in the dwelling. b. That the offender abused such trust by committing
• Offended party must not give provocation in order a crime against the offended party; and
to appreciate this circumstance. c. That the abuse of confidence facilitated the
• Dwelling may mean “temporary dwelling” commission of the crime.
• The victim need not be the owner or occupant of the
dwelling where he was shot. NOTE:: Abuse of confidence is inherent in malversation
• Dwelling is not absorbed in treachery. [Art. 217], qualified theft [Art. 310], estafa by conversation
or misappropriation [Art. 315], and qualified seduction [Art.
What aggravates the commission of the crime in one’s 337].
dwelling:
(1) The abuse of confidence which the offended party (2) Requisites of obvious ungratefulness: (TAOU)
reposed in the offender by opening the door to him; a. That the offended party had trusted the offender;
(2) The violation of the sanctity of the home by b. That the offender abused such trust by committing
trespassing therein with violation or against the will a crime against the offended party;
to the owner. c. That the act be committed with obvious
ungratefulness.
Dwelling was found aggravating in the following cases
although the crime was committed NOT in the dwelling NOTE: The ungratefulness contemplated by the
of the victim: said paragraph must be such obvious, clear and
(1) The victim was raped in the boarding house where manifest gratitude on the part of the accused.
she was a bed spacer, but not in her room.
(2) The victims were raped in their paternal home where Par 5:
they were guests. (1) In the palace of the Chief Executive; or
(2) In his presence; or
NOTE: The Revised Penal Code speaks of “dwelling” NOT (3) Where public authorities are engaged in the
domicile. discharge of their duties; or
(4) In a place dedicated to religious worship.
Meaning of provocation in the aggravating circumstance
of dwelling. The provocation must be: (GSI) • Must be dedicated to public religious worship; private
(1) Given by the owner of the dwelling chapels not included.
(2) Sufficient, and • There must be an intention to desecrate the place
(3) Immediate dedicated to public religious worship.
• The President or Chief Executive need not be in the
Dwelling is NOT aggravating in the following cases: Palace to aggravate the liability of the offender. As long
(1) When both the offender and the offended party are as he was present, and his presence is known to the
occupants of the same house. accused when he committed the crime.
Exception: In case of adultery in the conjugal • Except for the third which requires that official
dwelling, the same is aggravating. HOWEVER, if the functions are being performed at the time of the
paramour also dwells in the conjugal dwelling, the commission of the crime, the other places mentioned
applicable aggravating circumstance is abuse of are aggravating per se even if no official duties or acts
confidence. of religious worship are being conducted there.
(2) When robbery is committed by the use of force upon • Cemeteries are not considered as place dedicated to
things, dwelling is not aggravating because it is the worship of God.
inherent. • Offender must have intention to commit a crime when
(3) In the crime of trespass to dwelling, it is inherent or he entered the place.
included by law in defining the crime. • An electoral precinct or polling place during Election
(4) When the owner of the dwelling gave sufficient and Day is a place “where public authorities are engaged in
immediate provocation the discharge of their duties”.
(5) The victim is not a dweller of the house.
General Rule: Nighttime is absorbed in treachery.

PAR. 5. WHERE PUBLIC PAR. 2. CONTEMPT OR
AUTHORITIES ARE INSULT TO PUBLIC Exception: Where both the treacherous mode of
ENGAGED IN THE AUTHORITIES attack and nocturnity were deliberately decided upon
DISCHARGE OF THEIR in the same case, they can be considered separately if
DUTIES such circumstances have different factual bases.
Public authorities are in the performance of their
duties (2) UNINHABITED PLACE (DESPOBLADO)
Place where public duty is performed Uninhabited place, defined
In their office Outside of their office One where there are no houses at all; a place at a
The offended party considerable distance from town, or where the
houses are scattered at great distance from each
May or may not be the Public authority should
other.
public authority not be the offended party.
• The determining factor for the existence of this
circumstance is the reasonable possibility of the
Par 6:
victim receiving or securing aid from third
(1) nighttime; or (2) uninhabited place; or (3) By a band
persons.
• When all 3 circumstances present in the same case and
• This should not be considered when the place
their elements are distinctly palpable and can subsist
where the crime was committed could be seen
independently, they shall be considered separately.
and the voice of the deceased could be heard
• Not applicable when the mitigating circumstances of
from a nearby house.
passion or obfuscation or sufficient provocation are
• It must be appear that the solitude of the place
present in the commission of the crime.
where the crime was committed was sought in
• Nighttime, uninhabited place or band are aggravating
order to better attain the purpose.
when:
A. It facilitated the commission of the crime; or
(3) BAND (EN CUADRILLA)
B. Especially sought for by the offender to insure
Band, defined
the commission of the crime or for the purpose
Whenever more than three (meaning, at least four)
of impunity; or
armed malefactors shall have acted together in the
C. The offender took advantage thereof for the
commission of an offense, it shall be deemed
purpose of impunity.
committed by a band.
• The four armed persons contemplated in this
(1) NIGHTTIME (OBSCURIDAD)
circumstance must ALL be principals by direct
Nighttime, defined
participation who acted together in the
That period of darkness beginning at end of dusk and
execution of the acts constituting the crime. In
ending at dawn. Nights are from sunset to sunrise.
this case, conspiracy is presumed.
• It is necessary that the commission of the crime
• If one of them was a principal by inducement, the
has begun and completed at nighttime and the
aggravating circumstance of having acted with
accused took advantage of the nighttime.
the aid of armed men may be considered.
• This circumstance may also be appreciated if the
• It absorbs the aggravating circumstances of
crime happened at a dimly lit place, whether or
abuse of superior strength and use of firearms
not it was actually nighttime or daytime.
(except when the firearms have no license or
• When the place of the crime is illuminated by
there is a lack of license to carry the firearms) if
light, nighttime is not aggravating.
they are present in the commission of the crime.
• It cannot be applied when it is an accidental
• This aggravating circumstance is NOT applicable
meeting or a chance encounter.
in crimes against chastity, but is considered in
• Circumstances of nighttime, although not crimes against property, crimes against persons,
specially sought for, shall aggravate criminal illegal detention, and treason.
liability if it facilitated the commission of the
• This aggravating circumstance is inherent in
offense or the offender took advantage of the
brigandage.
same to commit the crime.
• When the armed men met up casually with
• Lighting of matchstick or use of flashlights does
others, and a crime was thereafter committed, it
not negate appreciation of this circumstance.
cannot be considered as an aggravating
circumstance.
Par 7: • Mere moral or psychological aid or reliance is

on the occasion of a conflagration, shipwreck, sufficient to constitute this aggravating offense.
earthquake, epidemic or other calamity or misfortune. • If there are four armed men, aid of armed men is
absorbed in employment of a band.
The offender must take advantage of the calamity or • “Aid of armed men” includes “armed women”
misfortune. • Persons who insure or afford impunity must have or be
in a position of afford impunity (e.g. A judge)
“Other calamity or misfortune”- refers to other conditions
of distress similar to those previously enumerated. Par 9:
Recidivist
Par 8:
with the aid of: (1) Armed men; or (2) Persons who insure
Recidivist (reincidencia), defined
or afford impunity. One who, at the time of his trial for one crime shall have
been previously convicted by final judgment of another
Requisites: crime embraced in the same title of the RPC
a. That armed men or persons who insure or afford
impunity took part in the commission of the crime, Note: A recidivist is entitled to the benefits of the
directly or indirectly; and indeterminate sentence law but is disqualified from
b. That the accused availed himself of their aid or availing credit of his preventive imprisonment.
relied upon them when the crime was committed.
Requisites:
NOTE: This requires that the armed men are a. That the offender is on trial for an offense;
ACCOMPLICES who take part in that minor capacity b. That he was previously convicted by final judgment
directly or indirectly, and not when they were merely of another crime;
present at the crime scene. Neither should they constitute c. The previous conviction by final judgment was for
a band, for then the proper aggravating circumstance a felony committed PRIOR to the felony he is
would be “by a band”. currently being charged and tried
d. That both the first and the second offences are
When this aggravating circumstance shall NOT be embraced in the same title of the RPC;
considered:
(1) When both the attacking party and the party • In recidivism, it is sufficient that the succeeding
attacked were equally armed. offense be committed after the commission of the
(2) When the accused as well as those who cooperated preceding offense PROVIDED that at the time of his
with him in the commission of the crime acted under trial for the second offense, the accused had already
the same plan and for the same purpose. been convicted of the first offense.
• If both offenses were committed on the same date,
PAR. 8. “WITH THE AID they shall be considered as only one; hence, they
PAR. 6. “BY A BAND”
OF ARMED MEN” cannot be separately counted in order to constitute
As to their number recidivism. Also, judgment of conviction handed down
Requires more than three At least two on the same day shall be considered as only one
armed malefactors (i.e. at conviction.
least four) • To prove recidivism, it is necessary to allege the same
As to their action in the information and to attach thereto a certified
Requires that more than This circumstance is copy of the sentences rendered against the accused.
three armed malefactors present even if one of the • Recidivism must be taken into account no matter how
shall have acted together offenders merely relied on many years have elapsed between the first and second
in the commission of an their aid, for actual aid is felonies.
offense. not necessary. • Even if the accused was granted a pardon for the first
As to their liability offense, but he commits another felony embraced in
the same title of the code, the first conviction is still
Band members are all Armed men are mere
counted to make him a recidivist since pardon does not
principals. accomplices.
obliterate the fact of his prior conviction.
• There is no recidivism if the subsequent conviction is
for an offense committed before the offense involved

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De La Salle University College of Law Green Notes 2019 Criminal Law Fundamentals

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DE LA SALLE UNIVERSITY COLLEGE OF LAW

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FUNDAMENTAL AND GENERAL

DEFINITION OF CRIMINAL LAW

Penal laws are those acts of the legislature which prohibit

SOURCES OF CRIMINAL LAW

(1) The Revised Penal Code

TWO THEORIES IN CRIMINAL LAW

CRIMINAL LAW I (1) Classical Theory

(2) Positivists theory

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A. GENERAL PRINCIPLES Laws Violated

Revised Penal Code (General Special Laws (General

Generally, applies to crimes punishable by special laws.

Degree of Participation Exceptions:

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CLASSIFICATIONS OF FELONIES NOTE: Not applicable when the foreign country

GENERAL RULE: Penal laws are enforceable only within

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A. Foreign merchant vessels • If forgery was committed abroad, it must refer

Exception (4) While being public officer or employee, should

(2) Conspiracy and proposal to commit treason EXCEPTION TO THE EXCEPTION:

EXCEPTION: Whenever a new statute dealing with crime

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c. “(Criminal) Intent” The purpose to use a particular

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(3) Where the identification of the accused proceeds

CULPABLE FELONIES (CULPA) NOTE: Motive alone is not sufficient to support a

WHEN MOTIVE IS NECESSARY:

The offender committed a mistake in ascertaining the

CRIMINAL LIABILITIES d. That the act performed should not constitute a

CRIMINAL LIABILITY IS INCURRED

Note: Only principals and accomplices can be held liable Requisites:

ABERRATIO ICTUS, ERROR IN PROXIMATE CAUSE

(3) Praeter Intentionem When death is presumed to be the natural consequence of

(1) That the victim at the time the physical injuries

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MANNER OF COMMITTING CRIMES

Desistance made during Desistance made after

Something still remains to be done by the offender.

Desistance Certain causes which may prevent the

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Factors in determining stage of execution of felony: Attempted Stage

Causes interrupting the natural flow of events from the

(1) SUBJECTIVE PHASE - That portion of the acts

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IMPOSSIBLE CRIME Means employed did not produce the result

g. When the crime is committed through

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CIRCUMSTANCES AFFECTING CRIMINAL (2) Defense of relatives

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Burden of Proof Mistake of Fact

NOTE: It is only in this paragraph of Art. 11 where there is

Article 11, Par. 4 Article 12, Par. 4 Battered Woman, Defined

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(3) Tranquil, loving (or, at least, nonviolent) phase. Burden of Proof

EXEMPTING CIRCUMSTANCES II. Minority Absence of intelligence

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RULE • “Crazy is not synonymous with the legal terms

Effects Of The Insanity Of The Accused Discernment Intent

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