i q I 1 I 1 I r , i shy merbovedt L ies thd vel Lyi esl) P Serouifa COMPACT ug Sin Lse/ San Nicolas, Pangasinan Yucjoe Peng REVIEWER IN CRIMINAL LAW { + | Books | & I SANG withod 1 Revised Penal Code and Special Laws Cooped syalenctonase of bullling | fine Seep ucu. for poultry “i Cothos Meee mon nil = ere, noth’ y ATTY, LEONOR D. BOADO Taye not mecely thes but also: pot only be but 5 inhibit dete Dy tun evanere peut from acting © ede allot ° 1 SECOND EDITION Cuffian. a brufsl parcon astide . 2007 Tiga tte ce tele elles E&P hha paleo ma, payibiy ko co apy crervalen te lecen Ae chert oe view ft) di tedalahs. Kung bie wabel Weoken 17 madd oe bo noon 2b ngayon? mnie Shon bane woe, harm - 9 feign - geckend sf Keviar= $i ber comer ) tS1 r Philippine Copyright, 007 koh, 166¥0R D. HoADO ISBN 976-971-23-4916-4 No portion of this book may be coped of reproduced in books, pamphlet, outlines oF notes, ‘whether printed, mimeographedtypewriten, copied Indiferenteleeronie devices orn anyother frm fo Aistributon or sae, without the writen pormision ofthe author excep brief passage in books, articles, ‘eviews, legal papers, and judicial or other ofa proceeding srith proper citation. Anycopy ofthis book without th correspond- ‘ng number and th sgaeture of the author on this page either proceed from an lgimate sure ris [En posesson of one who hae no authority to dispose of the same, ALL RIGHTS RESERVED ‘BY THE AUTHOR Ne__0539 ‘se ore ari za4o164 csss.soso7 TULA Wea! Bex printing company, inc ‘one 8c baa sata tee re PREFACE AND DEDICATION skis generally admitted that Criminal Law isthe most dif- cultbut interesting branch of aw. Relatively the shortest, consist- ing merely of 365 articles and a mumber of special and amendato- ‘Fy statutes, ts a most perplexing subject matter because a slight {rst of fact changes the erime committed or eases the existence thereof. With these in mind, an up-to-date Compact Reviewer in Criminal Law is conceived and painstakingly prepared with primarily the bar reviewees in mind “This work is ikewise in memory ofthe author's professors Inthe University ofthe East Collegeof Law, especially the Crim nal Law proessocs who will always beer “Sirs” gratitude to Ms. Remy Cabssol-Hadap, Ubrarian at the Legal Ofie Library, Commission on Ault (COA), Quezon City an Ms, Reina Afos ofthe Office of Legal Alfars, COA. ctober 20,2007 ws Acts pon fect feu, nisi mens sit tea — Thee con be whey tre criminal mind t's taunting nD crimeTo 4e This textbook was writen under the auspices ofthe Profee- sonal Chalr progzam of the "Supreme Court Senior Associate Jstice Reynato S. Puno Library,” College of Law, University of the East. July 28,2008, Antonio R. Tapa ‘TABLE OF CONTENTS Preface and Dedication. FUNDAMENTAL PRINCIPLES. Aricle2—Seap ol pplication he Cove, ‘Article ‘tiled Impossible Crime, Articles. “Antic 6 = ‘nice. ‘rice 8 dre 9 Graves grav ight bonis. ‘Attic 10— Special Laws, (CIRCUMSTANCES AFFECTING CRIMINAL LIABILITY cen Article 11 — Justifying Circumstances. “Article 12— Exemptng Circumstances RA. No, 9344 — Juvenile Justice and Welfare ‘Act of 2006, RA.No. 9262 — Anti Vielence against Women and Their Children... ‘Article 13 — Mitigating Circumstances ‘Aicle 14 — Aggravating Clrcumstanres.. “Taking advantage of offical position. Incantempt of or with insult to public authorities. Age, sex, rank, dwelling, ‘Abuse of confidence obvious ungraichuness.. ‘Committed in the palace of the Chief Executive eta [Nightime, uninhabited place, band, sid of ‘armed men.aoe (On the occasion and by means of calamity Recidivism, reiteracion, habitual delinguency and ‘of misfortune ‘quast-ecidivism Price, promise or reward... Evident premeditation. rat feaud, disguiee ‘Abuse of superior strength voce = “Treachery alevosi) nn. . Ignominy and eruety ‘Unlawful entry, bresking of door ete Aid of miner, use of motor vehicle Article 18 — Altemative Cicumetances Article 16 — Who are criminally liable Article 17 — Principals Article 18 — Accomplices ‘Atcle 19 — Accessories Article 20— Accestories exempt from criminal lability PENALTIES, Ra. Aticles 21-22 — ‘Article 23 — Pardon by the offended. ‘Article 36 — Pardon by the Chiet Executive. ‘Aicle 24 ‘Atte 29 — Deduction of preventive ‘imprisonment “Atcle 25 — Classification of penalties, No. 9346 — Abolition of Death Penalty ‘Article 34 — Civil Taterdiction “Atice 36 — Pecuniary Liabilities. ‘Article 39 — Subsidiary Penalty ‘Article 4, ‘Asticle 48 Compiex Crimes. ‘Article, ‘Ailes 50-57 — Penalty for attempted and frustrated felonies on the accomplices and accessories Article 61 — Rules for graduating penalties 102 108 104 105 105 107 47 117 17 Atte 71— Graduated Seaes ‘tice 62 ‘Article 6 — Rules for application of indivisible penalties Article 64 — Rules far application of divisible penalty. ‘Astide 65 — Rules when penaity not composed ‘of 3 periods. Aste 76— Legal duration of penalty ‘Article 6 — Imposition of Fines. “Article 8— Penalty on minors ‘Article 69— Penalty for inctmpicte justification and exemption. Artide 70— Successive service of sentences ‘Artic 75— Inereasing or reducing fine Atice 7 — Complex penalty INDETERMINATE SENTENCE LAW. PROBATION. Aaticle 80 — Presidential Decree No, 6. ‘Article 81 — Execution of Death Penalty ‘Aticle 89— Total extinction of criminal ibility. ‘Article 94— Patil Extinction. ‘Antcle 36— Pardon by the Chie Executive ‘Antle 23— Pardon bythe Offended. ‘Alcl 95 — Conditional Pardon. Atile 98 — Deduction fr loyalty Articles 100-113 — Civ Liability TITEL (CRIMES AGAINST NATIONAL ‘SECURITY ‘Artices 14117. ‘artes 122-13, PD. No, 532 — Anti RODDEY RA.No. 6235 — AntiHijacking Law racy and Ant Highway 7 19 mm 1 14 124 15, 125, 16 125 2 130 1B 18 138 19 re 19 139 19 146 18 1 161 162 16374 oe _ Tren, (CRIMES AGAINST THE FUNDAMENTAL LAWS OFTHE STATE Aslicle 124 ~ Arbitrary Detention. ‘rl 15 — Delay inthe delivery of deined RA.No./i98— Righisof Persons Arve, Detained or under Custodial Investigation, Avtice 126 — Delaying Release Article 127 — Expulsion, Article 128 — Violation of Domicile Articles 129-130 —Search warrants maliciously ‘obtained; Abuse in Service; Searching without witnesses... Articles 131, 146, 17 ‘Articles 132-133, TITLE CRIMES AGAINST PUBLIC ORDER Aides BDA enn ‘Ailes 138, 142, 148,149. ‘Arte 153 — Tums. ‘tice 185— Alarms and Scandals... Aries 156-188 Delivery of prisoner evasion of service of sentence. Article 159 ‘Article 160, TE ‘CRIMES AGAINST FUBLIC INTEREST Asticle 169 — Forgery. ‘tiles 171-172, Article 177 — Usurpatin, Articles 180-184 — False Testimony and eu ‘Artces 195-189, RA. No. 9184 — The New Public Bidding Law. 165 167 19 170 m1 m1 nm 175 176 7 181 186 187 189 191 12 194 201 22 203 Ant Allas Law sees a TMEV ort Intigation enrpment buy bist operation fn fem UP TWLeEVL AGAINST PUBLIC MORALS RA. No. 9287 — Gambling ac legal Lottery. Astle 200 = ‘Aticles 201.202. snovssrononnon rime vt (CRIMES COMMITTED BY PUBLIC OFFICERS, Atile 203, ‘Arties 206208, . ‘tice 209 — ‘Attces 20211-A— Bribery ‘ite 212— Goropin of Public Or, ‘Artle 213. Atieles 2-217. -nsssvssnsennn — Articles 218-220. vsovosnnonnennenn ‘Articles 21-222, RA. No, 3019 —Anti-Graft La = RA.No, 7080 — Plunder Law on Asticles 203-25, — : ‘Aticles 226-228 ‘Ailes 231-233, ‘Articles 74.738. ‘ticles 236-265. ‘ares vr (CRIMES AGAINST PERSONS Article 246 — Parsee, ma BER ESSERREER Be 266 26 266 2 29EF ‘ile 248.0 Lm Articles 300. 38 Article 249mm oe ™% PD. No. 1612 — Anti-Fencing Law of 197%... 6 [RDN ean RAN PD Nets vine anon kang vase commen 2 Tewari os So — 2 RA. No 639 — Anticamapping 0 r a Fa ADNe tar wancnded ening oS a rn PD No.7 asomended —Feeaty Code 3 freer i hee 32 ne 286 r A fain 266. : " 286 Article 315. om Vs 399 FER 0 Hace Reto Aten 288 BP Bg 22— Ant Pelcng te Migr - Tig and sue fs Che hb fp RANo TO wimentel Chidabncinwr, 2 t RA. No. 7877 — Sexual Harassment La osseronn an Sufficient Funds or Credit. 368, 2D.No.188 m6 - rmx RA Ne S00 bg Wears Ad) (CRIMES AGAINST PERSONAL LIBEI ‘legal Recruitment, mB -AINSY PERSONALLIDERTY rons hea nasipatan 4 - Midestes een rie 209. om ace t : = i ‘eee 2 x tice so —— ore a aac Ea ete DO 3 ‘tle oot = mmext Articles 282-289, . vee 1B 5 (ES AGAINST CHASTITY f Articles 290-292., a 323, RIM ‘sm aoe . Aries 38.33 enn sss RA No.0 — Anite upping 2 Arie 8994 se r Articles 337 and 338... om a i eee “Articles 340-341, von 392 CRIMES AGAINST moPeRrY ae ee : = F . perm 5 Articles 294-296. vs 329 Ed id rae 9730 > on Articles 299-305, vs 339) -EXIE ante 7 EH CRIMES AGAINST CIVIL STATUS Pn Ag a iy etl 30736 vs - utbery Lowe B92 mi Poona EyTiTuexut CRIMES AGAINST HONOR Articles 353-362. ‘Articles 363-368 TITLE xv (CRIMINAL NEGLIGENCE Article 265... APPENDIX Appendix A— Republic Act No, 9372 ‘Human Security Act of 2007, a3 a5 a FUNDAMENTAL PRINCIE 1. Penal laws are 2% ofthe Legislature pushibiting certain acts or omissions and-Xstablshing penalties for their vio- lations. Those that define crimes treat oftheir nature and provide for ther punishment. (Lasoo Exel Seretary, ER.No. 128086, January 29, 1999) 2. Criminal law i a branch of publi law because it treats of acts or omissions which are primarily wrongs against the State. Hence, the criminal case is denominated “People of the Philippines vs xxx” ational imitations on the power of Congress to en Zet penal laws found in the Bll oF Rights 8. The aw must be general in application (equal protec: tion) b. Tt must observe substantive and procedural due pro- © Itshould not impose crue and unusual punishment oF ‘excessive fines 4. Itshould not operate asa bill ofataindes fe Itust not operate as an ex pos! filo law, 44 The prohibition on ex post facto law applies solely to penal law. I eanot prohibit the retroactivity of procedural laws such as one that prescribes rules of procedure by which courts applying laws ofall kinds can properly administer Justice, such as the Extradition Treaty. (Wright 0s. CA, GR No. 113213, August 15, 1998) ‘5. Provisions inthe Code complementing ex pot ft rule: ‘Aicle 21: no felony shall be punishable by any pen- alty not prescribed by law prior to its commission,7273 ae rpms mam al ora ne 2 Makes b LLL LLnL ee Article 22: penal laws shall have a retroactive eect ine sofar as they favor the offender who isnot a habitual quent. Therefore law which increases the pen- foran act o omission or prejudices the right ofthe cannot be given retroactive eect (irtetrospec- ‘or omission criminal which when come mitted was not criminal Aggravates the seriousness of the crime than when it was committed, Imposes penalty that is higher than when the crime ‘was commited ‘Mates iteasier forthe prosecution toestablish the guilt ‘ofthe accused than when the crime was committed. Require a lesser quantum of evidence than when the ‘crime wae committed. “Alters in relation tothe offense the situation of «person to isd ‘Assumes to regulate in effect impores a penalty ‘which when done was lawful vation of aright a person accused of crime of some lawful to which he has become entitled, {he protection of « former conviction or acq oc amnesty. (Lacon os, Erecul 0.128086, January 20,1995) of penal law: sis — Art. 14, Civil Code; Art C1), 1987 Con: ‘Tertitoriality — Gurisdction othe place where appli- ‘oble) — the law is applicable to all rimes committed methine limits of Philippine territory Basis —Art.2, Revised Pensl Code Prospectvity — (when the law shall be applicable) uld have only prospective application ‘Art I22), Constitution (ex post cto} Art 4, CivilCode 8. Doctrinal application ofthe prospectivity mule: The prospectivity rule apliesto administrative rulings and circulars, and Yo judicial decisions which though ‘ot laws, are evidence of what the laws mean. Thus cle 8 ofthe New Civil Code, judicial dec sions applying the laws or the Constitstion form part of the legal sytem. Lis nteratatio is iabdiae ‘This is especally trie in the constracton and appl cation of criminal laws, where iis necessary that the Punishabilty ofan act be reasonably foreseen forthe {guidance of society. (Coss. CA, GR. No. 100776, Octo- ‘er 28,1983) kez on respct The law looks forward not ckward. The rationale against retroactivity is that 8 law usually derides rights which may have already become vested oF impairs the obligations of contract, hence, unconstitutional Prior othe statute's nalifica: In case of conflict between the mal proki and the prospectivity rule in the adTN —n nn n—e BC m]g ( ¥] "==" ee “The Indeterminate Sentence Law, Probation [Law the three-fold rule, the rules on mitigation of crimes exemplify this theory, ‘© Eclectic (or mixed) combines the good features of both the di 2. Purpose ofthe penelty — retribution, forthe right Abela Gime’ isa grievous, odious and hate- be observed — predetermined penalty for ty of whi Usiitarian or protective theory under which the pri= mary function of punishment in criminal law Is 10 } r 1 State and/or the private offended party ful offense which by | } et at ih the absence of his defer, For sy onvion uso.i L r E P TT << CSTSTCS.=~éei cm "=" ee she seul caer aot on she mks eee i eee ee nae BL, Classification of eimes: & Asto commission (Article) 1. Dolo or felonies committed with deliberate in- ose commited by means of fault. &Astogravity (Ar. 9) 1. Grave fk 2 Less grave felonies; and 3. Light felonies 4 Astocount— compose emp came sn re— alan se and mala prota asset The dang of he ac2. Modifying circumstances — taken into account in imposing the peralty onthe offender precisely because his moral trait is the basis ofthis crime, Hence gueater, a al ywhereas ~ violation of law is: ccomplished or constm “intent is inherent in attempted intent isnot relevant in ‘wrong ifnot forthe prohibition by lave. 6 Law violated — generally, special penal laws.7a ae TTS a a eat ene LLL The inclusion of «saving clause in the repealing tat- ‘te thet provides that the epeal shall have no elfecton pending actions. 1. Where the repealing act re-enacts the former statute and punishes the act previously penalized under the old law. In such instance the at committed before the No, 125388, Septem 14, ‘TheSpanish version shou! forthe Code wos erignally appa andanacad in Sap ahlsecon 15 Revised Adetisative Code) For intae “Aric 27 of the Code tater than “kidnap custo or ptr ts the Spc ‘ersion should prevail inthe inrpreuton of hat Arle (Pepe Astegs, GR No HOOPT December 2, 197) rule: The fundamental philosophy cuts dee. into the humanity of the the rights of the alleged offense, thereby subjecting himn toe ind ordeal and compelling him to live ARTICLE 2— Scope of application ofthe Code 1. Two applications ofthe Code; a. Intracteritorial archipelago, inclu and maritime zone. ion — within the Philippine atmosphere, interior waters ', _Extraterritorial —the Code may be given application leven to those crimes commited outside the Philippine {errtorial jurisdiction. (Note: when the question as for the exceptions tothe application ofthe and laws of preferential application such as R.A 75 ‘of dip (©) Envoys, ministers oF intermuncios acredited to the heads of States; and (0 Charges a ofrs accredited to the ministers of foreign Tiondefinesdiplemalicapents” asthe beads ofmissiansac membsrsatthe diplomaticsia, thus withholding the same ‘rvilegesirom all others. Even consuls, who represent their respective tates in concer of commerce and navigation and perform certain administrative and notarial duties, do ‘ot ordinarily enjoy the traditional diplomatic immunitiesand privileges accorded diplomats, manly fr the reason country, The efecto jurisdiction over th crime under that hy are not hanged withthe Gay of representing tel “Cif rle commited ina merhat vessel aout he Sines inttin! mars. ‘are becuse the gral al foe expo 1. French rule aogaizes ag or mationaliabaas- se anette (Baksvhen the cme volte fhepencoandondoe “"Gkths best aun (ich as drug-trafficking), dha county wll hy French Flag) English rule adheres sect to he teal B [camer enamernit wren ees . r ion. (Memory aid 3. Mete invocation ofthe does not eo facto court Theres til because the crime shall be subject to Philippinecourtsws the ‘ighseas isnot within the jurisdiction of any countzy First exception — crime committed within a Philippine shipfairship: 5. Second and thied exceptions: This is subject 10 ‘Forgery Is committed by giving toa treasury or bank note or any instrument payable io bearer or to order the appearance of a true gensine document or by erating, substituting, counterfeiting ot altering by any means res, letters, words or signs contained therein. b. The cqunkrpotaogiany determines the nati the ship or ainhip, not its ownership. Thus 2. ‘owned ship registered ina foreign county is - ship. © French/English Roles refer to the jurisdiction use seschant vassehmef-one-coualcy Located in angthes iOOO ELL ee ‘ c if c [ ‘have the laments comprising 5 ‘whereas specific felonies under Book (Ciamoso ox. Sandigen- ‘ay, GR Nos. L-63408 & 64026, August, 1968) A felony ‘egulsesceiminaLintent Hence when inten isabeoneothe— said iootciminal noccime is commuted. This doctrine applies only to dla fal ass (Absa vs. Pople No. 150129, April, 5005) Thus when the victim dies,7. Motive isthe moving power or forse (such as vengeance) ARTICLE 4 1. ‘Article 3 denis with how Acide. aati two lands of offenders Z a 3 2 i 5 3 renthesis the word del b, “Although the wrongful act done be diferent from that which he intended,” refering to doo because of the presence of intent (note the werd “intended. The elements in the second clause are 1, Anintentional felony is commited ‘The wrong done is the direct, natural, and Jogi- amo ae 3. Factors affecting intent and correspondingly the criminal i- silty: fender intends the injury on one pe another. There are three persons involved: tended crime and actual crime committed ae: & Ofelitfrent gravity, Ati 4 ‘Sonmitsdshall be iapased. Example if ‘erie is homicide but parricide was committed oF vice-versa In effect eror i personae is extenating c= ‘sumstance, intend. ‘wrong victim. The mistake inthe identity of the viction carries the same gravity a8 when the accused zeroes in on his intended victim. The main reason behind this conclusion is rere ip anathecwellye ‘spl anda. Pre Pins Ot Ne 38519, November 21,1991) In procter inentionem, the injury is on the intended victim but the suing consequence t much more grave han in- tended. i no. SKEDRIE tonen” denotes in- The mitigating circumstance of lackofntentto commit so grave # wrong as that committed should be appreciated ‘where the accused had no intentto kill bat only to inflict ine juries when he attacked the victim. (People ws. Flores, infra) 9. Proximate cause is that cause which, in its natural and con- tinuous sequence, unbroken by an efficient intervening cause, produces the injury and without which the result would not have occurred, Proximate cause is to be consid ered generally in determining whether the consequence of the act should also be bome bythe offender (Art. no. 1)ek th tale ust betting Sallyeopbecuse the means employed inadequate indecua— 3. Jefossible crime is punished in suppesss lawlessness ota eset eee anes eens ote! sania 5. There is egal impasiliy where the intends act, even ifcompleed woul ot amount crime Grape tal aster 1 ‘would apply to those circumstances where: ficient or proximate cause of death orhad acre het dah) 6. Bluslcl isspomibly is present when extraneous circum i ‘stanoes unknown tothe actor or beyond his contol prevent i the conummatig afb inne crime a the act cant bbe completed. Baar fom. xqult.hat tumed. utto be empla4 me al 7. The offender must not know the circumstance which made 2. Inthe frustrated stage, the offender has also reached the has pecformed Lhe ‘will not go to all the trouble an risks attending the commission of bank robbery if they knew thatthe vaults are empty. ARTICLE 5 ease ae eee eee ae eee een eared text fei buying poison to kill the intended victim, ae coma ccna et ee yee b. “Directly” — The offender shall be, tempi age fdbotelonysbat _Seerbackimeenetive of his intent Son intending to rend open the window of the store but before he could ener he iy upon any express and positive declaration ofthe he legislature. (Black's Law Dictionary) ARTICLE 6 1. In the consummated slage ll acts of execu hence the offender sin 8 he no longer has control over the outcome of his acts, having pecformed all that is necessary to accomplish his purpose.4. Cuiteria to determine whether the crime is formal: tion of public officers see ofthe female organ consurnmates ~ Be p knowledge, the romise Or consideration in bribery aption is consummated 65Paehen the 05 to be corrupted, the erime is ale by the Code in acoordance 5. Between attempted and frustrated felonies; 4 Sto acts of execution — in attempted, nt all acts of ‘execution had been dene whereas in frustrated, ARTICLE 7 11. hen light felonies are punishable: oly when consummated except for crimes against etens or property.reducing the penalty. De minimis no curt lx ARTICLES thoes co ae ‘design. They should have ated together int _af the crime Pople os: Robiego, November 193) bited place, bend, ald of armod men. 10: The elements ofsidofammed min are 2 Armed men or persons took partin the commission of the erime dre b.Theaccused. heir ald or relied upon them when the crime was commited 11, Band vs aid of armed men 4 Inband there must be at least armed men in aid of armed men, there is po required number of malefac: , Theband members are all rincipalsfor they take part Pas ho oe what ws going on and Yo recogrze inthe commission ofthe felony ander the same planpurpose. The armed men who aided lender ace me acai for they al aid and Grouragement inthe ee See 2 Banda gens ccunstnes apis qussine 2 quaiying ccumstane undgr Acie 3508295, pri od under 1. Theve area forms of habitual elinquency(Qxtie 62 Dia-5) and ge? Arecidvists one wha at hese of shall 5 days have elapsed from its promulgation without ‘he convict appealing the conviction; b. Offen ted serving sentence & Heexpressly waived his ight appeal; or 8, Recidivism requires a previous conviction by final judgment; reteracion requires service of sentence. In secidiviem the offenses are under the same tle of the Code; in reteacion, itis not so required. « ther is no requirement as to penalty ina8 1 COMPACT REVIEWER IN CHIMGNALLAW fhe must have served 2 or more crimes carrying lighter Recidivism does not preserbe because there is no time nce. The ofender ha been previously concted y fi indgrvat and before bepinig fo serve such sentence GF {Eile cering the same he committed a felony 12, Quasirecdivism is penalized in adition to ait ‘quency because of the opening phrase in Art Sides the provisions of Rae 5 of Article 62” ef penalize the conviet with the gunman peda or hese pet the serve ofthe cignalconicion heshallbe pardons he. hava. coer agsmstancesshowabat he equally the offeror and the Evident premeditation 2. Theelements of evident premeditation ae: FR the TIME when the offender determined to commit the crimes6 Sulficient LAPS ‘oution to allow him to reflect upon the conse- fi is not sulficent to fe Wencesla, GR. No. resentment does not constitute cnctusive proof ‘premeditation. (eople rx Padama, G.R, No. 132197, October 1199) 1 premeditation mesns the lapse ofa period sulficent ence to afford fll is aco 0 desahfromutsanccation sent in robbery with ho- remediation must is planned, the killing of any tended aso by evident pre- ‘Cram, fraud, disguise 1. Crati cunning or intellectual trickery or chicanery resor- ‘out his evil design. Ex. the ity to gain enty in a ip to hue vietim to an uninhabited stitutes deceit manifested by ‘machinations. Disguise is resorted to {in opite ofthe disguise, the offender 4. resorted toininsuring the commission ofthe czmeagains _pspsonsauthout risk to offender, absotbed by treachery” ‘Abuse of superior strength 1. Abuse of superior strength i intentionally employing exc ‘cessive fate ab of propartion-to.the-means.of defense144 e available tothe offended party. There must be a notorious 3, Treachery must: (a) insure thatthe of {equality of fores between the victim and the agers Tea any deferae ot even token 2 sarily mean th that met ey ust be prow STekckers cooperated in such a way as to Secure from superionty of strength. the perpetraton of The kiling without risk to the from a defence the victim might offer. 14 ‘ieachery may be appreciated even when the victim was wamed ofthe danger to his person, for what is fk made it impossible forthe retaliate. (Pople 2s. Landicho, ‘by a man with and defenses woman conse abu Dr strength which his sex and weapon afforded fe opin, GR No, 123102, February 29, 2000) 0 [Bggressors, who were all armed, fist hit the legs of an impule ofthe ac- passion or when the ac- to kill the decessed $0 ber 1, 1955), ‘Teaichery(alavosiay’ 8. Whereas the essence of evident premeditation ig_gool. thought and reflestion, he essence of treachery is the i= eee eaten othe ick ingand unarmed vic, who does notgive heslightest inaitan, GR. No. 123318, Apr be present atthe inception ofthe attack. ithout treachery at its inception, theme by the 2 olher companions eachery cannot 9. Ge cluded in abuse of superior u“aa me vei, the accuted i guilty of 4 counts of murder, os: Beoya, GR. No, 72001, August 7, 1992) rot able to observe the could not testify on how ‘nomminyselates to moralsufering whereasceuely-4opbys- dhen the-culprit delights in sbsorbs bath nightie and taking advant superior sengt the ces of the fase at bar. Considering that treachery 4ame 1 4. Assuming thatthe victim was ail alive during the entire Ald of minor, use of motor vehicle period ofthe ordeal he was subjected to, there could possibly be since appellants deliberately augmented the committed, On the other hand ifthe victim died Cn rae Sieve ieendey nto mins ae hn ps Sieemmratengiactcentsene ier gt a ey aly pie were © commit the ines penal to the authorities in apprehending them, ‘sa form of ently and perversity which ag- sg unnecessary tothe commission iy an outrage on the vitim’s person. ‘No. 102008, December 26, 198) 2. Alternative circumstances arenotaggravating er sefoyphey ofa entry when an entrance is effected by a ‘way not intended for that purpose. Itmust be entry not ext. But enter isnot unlawful entry since tis is cov are leo mitigating, As aggravat dow be broken” showing that unlawful entry excludes ingress by means of such breaking. 4 Relationship is considered when the-lfended >a Spouse, ‘Ascendant, Descendant, legitimate, natural, or adoptedae 1 — Spesieat isement, relationship ist pggravst- ‘he has tan a quantity of eo- hate beverage prt he commision fhe cing, my & 1. (People vs. Pine, GR. No. 129256, November 17, not degree of education and instiction would red as aggravating or midgating depends of the crime commited, For insta peace rehenoible othe eda! ast the iterate structions hence he could easly act. Hs lack of schooling then4 Ta wham da peor a maul pars o~ 4, The inducer is generally Hable as an accomplice because the ‘ideal persone cannot comaita crime which Toque & Inw favors leer penalty. ‘wilfal Purpoce, volntainess or malicous intent. i14a 9. A principal by indispensable cooperation participstes by ft without which the ime would not have yw punishes is the fred which cans Sang without petation ofthe crime is ofa (People vs. Fonda, GR, Nos. 102361-62, May “A principal by inducement indices the other offend cso COmTMIC an actin wich a Way that without theance, the crime would be , Thecogpeaton ofthep-acpaLin ih offenses indi. Ensle without which the crime would not becom Filed wheres the operation ofthe scampi isin ‘minor way Both the principal and the accomplice act before or uring the commision ofthe crime. But the pein svould be commited wile ‘nd participated in deciding the course of ac on inthe criminal design or hes a co-author of the crime and provides his companions effective means and ARTICLE 19 — Accessories 1. Accesories: or destroying the Body ofthe rime or effects or the instruments thereof iscoverysand 3. Byharboring concealing or assisting in theescape. a. Incase of pale Ghceor ony cme ithe “Accomplices have n. exemption am ably some ories are exempted under Amtiie 2)of the Code ‘which he knew or should have known are pro-- gett ene ie wan Soa Peat nirnstin ber aeantoe pertyfromanother and arse property had been sto ry because he i profiting by, ing oF destroying the body of the comms dis the body or co Papencan a. The fender tobe assisted. must be aprincip} assist. ing a sesomplice is not included. ©. Those who asist the principal io escape may be pros, fed under PD. 1820 —. the law xsi that they re natural ais ‘on for the olender However, when they profit or assistr * (COMPACT REVIEWER INCRIMINALLAW Penacries * the offender in profiting by the effects ofthe crime, they are doing so because of groed, hence, they are lisble. PENALTIES1 moreso pera, uit . fed in Book ofthe Code posed by he courte ive parbeal ee the plncpal oats tee och alow he pa er ld be made even where the prwhen there ae 2 oF prescribes the fold fe imprisonment 3 Under special laws termining Ties deemed unworthy of such or forthe application ofthe