San Beda College of Law 2012 CENTRALIZED BAR OPERATIONS Memory Aid in CRIMINAL LAW BOOK ONE BOOK TWO SPECIAL PENAL LAWSOver-all Chairperson Chairperson for Academics Chairperson for Hotel Operations Vice-Chair for Operations Vice-Chair for Secretariat Chair for Finance Vice-Chair for EDP Vice-Chair for Logistics Political Law Labor Law and Social Legislation Civil Law Taxation Law Commercial Law Criminal Law Remedial Law Legal Ethics & Practical Exercises 2012 CENTRALIZED BAR OPERATIONS Executive Committee MIKHAIL MAVERICK TUMACDER ARTHUR JOHN ARONGAT JASSEN RALPH LEE KIMBERLY JOY BARAOIDAN KATRINA AYN AYZA CUE IAN MICHEL GEONANGA JOSE ANGELO DAVID IAN LUIS AGUILA Subject Committees KRISYL CANCINO STEPHANIE GARAY INA BEATRIZ DE VERA RAHABANSA DAGALANGIT LAURIE PE KATRINE PAULA SUYAT PINKY VELOSO ZENAIDA RAZON San Beda College of Law Administration DEAN VIRGILIO B. JARA VICE DEAN PABLITO A. PEREZ Centralized Bar Operations Adviser ATTY. MARCIANO G. DELSON | |Subject Chair KATRINE PAULA SUYAT Assistant Subject Chair KATHLYN JANE CAINDAY Subject Committee Electronic Data Processing Head DELILA DAYAG Subject Heads Book 1 IRENE MAE ALCOBILLA Book 2 CAMILLE SOLA Special Penal Laws RICKY CABATU Subject Committee Members Norietess Delos Reyes, Marinel Ramos, Claudine Palattao, and Fran Sarabia Advisers Atty. Maximo Amurao Atty. Jihan Jacob Atty. Charlene Mae Tapict t | | | TABLE OF CONTENTS Book 1 1 Book 2 . 80 Special Penal Laws 215 Annexes ... 249 Bibliography 268 This is the intellectual property of the San Beda College of Law 2012 Centralized Bar Operations. Unauthorized use and reproduction of this material is prohibited.Criminal Law ~ branch of public substantive law which defines crimes, treats of their nature: and provides for their punishment, Remedial favorable tothe | Retroactive; in favor of accused provided | the ends of | that the accused is | justice not a habitual delinquent Can be promulgated by Only comes from the legislative body caeenat TERMS 1. Crime ~ the generic term used to refer to a wrongdoing punished either under. the RPC or under the special law (Ortega); an act committed or omitted in violation of a Public law forbidding or commanding it 2. Felony ~a crime punished under the RPC. 3 Offense — @ crime punished under the special law. 4. Misdemeanor — a minor infraction of law, SOURCES 1. The Revised Penal Code 2. Special Penal Laws 3. Penal Presidential Decrees issued during Martial Law LEGAL maxims 1. Nullum crimen nulla poena sine lege — there is no crime when there is no law that defines and punishes it, 2. Actus non facit reum, nisi mens sit rea — the act cannot be criminal unless the mind is criminal, Actus me invito factus non est meus actus ~ an act done by me against my will is not my act. 4 Doctrine of Pro Reo- Whenever a Penal law is to be construed or applied and the law admits of two interpretations. one lenient to the offender and one strict to the offender- that interpretation which is lenient or favorable to the offender wil be adopted. This is in consonance with the fundamental rule that all doubts shall be ‘BxeCUTIVE COMMITTEE MIKHAIL MAVERICK TUMACDER overt chair herperson for hotel operations, KMBERLY IO (Sibane vice-chairpersn for secretariat, IAN MICHEL GEONANGA te oh SUBJECT Comme; ATRINE PAULA SUYAT subject chor, KATHLYN JANE CAINDAY os beck 1, CAMILLE SOLA book 2, ICKY CABATU special pane onietes Delos Reyer, Merinel Ramos, Clouse Palate, Fran Sarai ie-chtroetson for operations, KATRINA AYTUAY2a EALLORDIN COE construed in favor of the accused and consistent with the presumption of innocence of the accused CHARACTERISTICS OF CRIMINAL LAW A. General ~ itis binding on all persons who live or sojourn in the Philippine territory regardless of nationality, gender, or other Personal circumstances. (Art. 14,,NCC) Exceptions: 1. Treaty Stipulations Under the RP-US visiting Forces Accord, which was signed on February 10, 1998, the Philippines agreed that: US shall have the right to exercise within the Philippines all criminal and disciplinary jurisdiction conferred on them by the military law of the US over US personnel in RP, b. US exercises exclusive junsdiction over US military personne! with regard to offenses relating to the security of the US punishable Under the law of US, but not under the laws of RP. & US shall have primary -right to exercise jurisdiction over US military in relation to: i. Offenses solely against the Property or security of the US Of offenses solely against ‘the Property or person of US Personnel li. Offenses arising out of any act or mission done in Performance of official duty. + Under the VFA, whether one can be prosecuted “or not, the citizenship is immaterial, what is material is one's membership in the U.S Armed Forces, * It is necessary that one is a member of the:US. armed forces either as: 1. US military personnel; or 2 US civilian personnel connected to. US” military operations.& Rules on Jurisdiction oo ee Crimes punishable under Phil Laws | RP has the exclusive but not under the | juriseicion laws ofthe US, Crimes punishable under the laws of | US has the exclusive the US but not | jurisdiction tinder Phi Thee is coneurant | junsdictin but the Philippines has the ight to Crimes punishable | Premary, | juedicton, eee tow: US | threat to “RP secunty | | namely 3 treason | b espionage 6. sabotage Crimes _ committed by a US personnel | against tne security | RP nas ne junsdiction. | and property of the | [US alone | | L } ‘The Philippines cannot refuse the request of the US for waiver of jurisdiction Generally, the Philippines has to approve the request for waiver except if the crime is of national importance: (HCD) a. Those crimes defined under RA 7659 (Heinous crimes) b. Those crimes defined under RA 7810 (Child Abuse Cases) ‘Those crimes defined under RA 9165 Dangerous drugs cases) Laws of Preferential Application @ RA 75 penalizes acts which would impair the proper observance by the Republic and its inhabitants of the immunities, rights, and privileges of duly-accredited foreign diplomatic representatives in the Philippines. Under RA 75, persons who are exempt from arrest and imprisonment and whose properties are exempt from distraint, seizure and attachment are the following: 1. Ambassadors i Public ministers ii, Domestic servants of ambassadors and public ministers UNLESS the person is a citizen or inhabitant of the Philippines and ‘wit oF process issued against him is founded upon a debt contracted before 2 | San Bova College of Law 2012 CENTRALIZED BAR OPERATIONS hhe entered upon such service or the domestic servant is not registered with the Department of Foreign Affairs Note: Ra 75 is not applicable when the foreign country adversely affected does not provide similar protection to ‘our diplomatic representatives, b. Warship Rule ~ a warship of another country even though docked in tne Philippines is considered as an extension of the territory of their respective country. Same rule applies to foreign embassies. in the Philippines. Philippine warship and embassies abroad are deemed extratemitories of the Philippines. © Principles of Public Intemational Law The following persons are exempted: (scan) i. Sovereigns and other heads of state ii, Ambassadors ii, Ministers plenipotentiary iv. Ministers resident and v. Charges affaires + Consuls, vice-consuls and other commercial representatives of foreign nations cannot claim the privileges. and immunities, accorded to ambassadors and ministers, B. Territorial General Rule: Penal laws of the Philippines have force and effect only within its terntory ‘The national territory is set forth in Article | of the 1987-Constitution: It composes of 3 domains: 1. Terrestrial 2. Fluvial 3. Aerial Exceptions: EXTRATERRITORIALITY ~ these are instances where Philippine criminal laws may apply to crimes committed outside the Philippine temnitory. (At 2, REC) Extraternitonal Crimes (Art. 2, RPC) ie enforceable. even” outside Philippine terntory.against those who:Book One | fe UN 4. Should commit an offense while on Philippine ship or airship. Requisites: @ The ship or airship must not be within the territorial jurisdiction of another country, (it must be in international waters.) b. The ship or airship must be registered in the Philippines under Philippine laws Rules on private or merchant Vessels: Philippine vessel or aircraft + Must be understood as that which is registered with the MARINA (Maritime Industry Authority) in accordance with Philippine laws; + The RPC applies when such Philippine vessel is’ found within i. Philippine waters, or ji, The high seas, b. Foreign Merchant Vessels Lae ac eerie etc i om een! is rs Crimes. commited | Crmes commites aboard a vessel within the terntorial waters of a county are NOT triable in the courts of said count aboard a vessel within the territorial waters of a ‘country are triable in the courts of such country, Then commission affects the peace and secunty of the territory or when the safety of the state is endangered affect things vessel or when they only refer to the internal management thereof ‘+ In the Philippines, we foliow the ENGLISH RULE. =A distinction must be made between merchant ships and warship; the former are more or less subjected to the territorial laws. (US vs. Bull, 15 Phil. 7) + Foreign merchant vessel in transit: possession —_of dangerous drugs is not Punishable, but use of the same is punishable. ‘+ Foreign merchant vessel NOT in transit: mere possession of dangerous drugs is punishable because it can already be considered as illegal importation, ©. Foreign Warships + In the case of a foreign warship, the nationality of such warship determines the applicable penal laws- to crimes committed therein, as they are considered to be an extension of the territory of the country to which they belong Thus, their respective national laws shall apply to such vessels wherever they may be found. Should forge or counterfeit any coin or currency note of the Philippines or obligations and securities issued by _ the Government. (Arts. 163 & 166 RPC) * Forgery is committed by giving to a treasury or bank note or any instrument payable to bearer or to order the appearance of a true genuine document or by erasing, substituting, counterfetting or altering, by any means, the figures, letters, .words or signs contained therein, + ifforgery was committed abroad, it ‘must refer only to Philippine cain, currency note, of obligations and securities +) Obligations and securities of the GSIS, SSS and Landbank are NOT of the government because they have separate charters, Should introduce into the country the above-mentioned obligations and securities. © Those who — introouced the counterfeit items are criminally liable even if they were nat the ones “who counterfeited the obligations and securities. On the other hand, those who counterfeited. the items are criminally lable even if they did Not introduce the counterfeit items, an Beda College of Haw | 3EN hy 4 While being public officers or employees, should commit _an offense in the exercise of their functions, like: a. Direct Bribery (Art. 210) b Indirect Bribery (Ar. 277) © Qualified Bribery (Art. 211-4) 4. Corruption (Art. 212) e Fraud Against Public Treasury and Similar Offenses (Art. 213) Possession of Prohibited Interest (Ant 216) @. Malversation of Public Funds or Property (Art. 217) Failure to Render Accounts (Art 218) i. Failure to Render Account Before Leaving the Country (Art, 219) j. Illegal “Use of Public Funds or Property (Art, 220) k. Failure to Make Delivery of Public Funds/Property (Art. 221) |. Falsification (Art. 171) Note: & crime committed within the grounds of @ Philippine embassy on foreign soil shall be subject to Philippine penal laws, although it may or may not have been committed by @ public officer in relation to his official duties, Embassy grounds are considered as extensions of the sovereignty of the country occupying them Should commit any of the crimes against national security and the law of nations defined in Title One of Book Two. (Arts. 114-122, RPC) = When rebellion, coup detat and sedition are committed abroad the Philippine courts will not nave jurisdiction because these are crimes against public order. + ‘Terrorism as defined by RA 9372, otherwise known as the Human Secunty Act of 2007, is now a crime against national security and the law of nations. Exception to the Exceptions: Penal laws NOT applicable within or without Philippine territory if so provided in treaties and laws of preferential application. (Art.2, RPC) RA 9372, otherwise known as the Human Security “Act of 2007 has extraterritorial pplication. 4 | San Beda College of Law 2012 CENTRALIZED BAR OPERATIONS ‘Sec, 58 of RA 9372 provides that the Act shall apply to individual persons outside the Philippines who commit 1. Conspire of plot to commit any of the crimes punished in the Act 2. Any of said crimes on board Philippine Ship or airship; 3. Any of said crimes within the embassy. consulate or diplomatic premises belonging to or occupied by the Phi. government in an official capacity; 4, Said onmes against Phil citizens or persons of Phil. descent where their Citizenship or ethnicity was a factor in tne commission of the crimes, and 5. Said crimes directly against the Phil government. C. Prospective General Rule: Penal laws cannot make an act punishable in a manner in which it was not punishable when committed. Exception: It may be applied retroactively when the new law is favorable to the accused Exceptions to the Exception: 1. The new law is expressly made inapplicable to pending actions or existing causes of actions. 2. Offender is a habitual criminal Limitations on the Power of Congress to Enact Penal Laws: ‘1L_ No ex post facto law or bill of attainder shall be enacted. (Constitution, Art. il, Sec. 22) Ex post facto law ~ is a law that would make a previous act criminal although it was not so at the fime it was committed, Bill, of attainder ~ isa legislative act that inflicts punishment without tria,its essence being the subsiitution” of legislative fiat for a judicial determination of guilt 2. “No person shall be held to answer for ‘a criminal offense without due process of law. (Ibid, Sec. 1411) * Criminal laws: must be-of general application and myst clearly define the acts and omissions punished as crimes, \3. It should not impose cruel and unusual Punishment nor should it impose excessive fines, (Ibid., Sec 19f1)) Different Effects of Repeal of Penal Law 1. if the new law makes the penalty lighter, it shall be applied except if the offender is habitual delinquent or when the new law is inapplicable to pending action or existing causes of action. 2. If the new law imposes @ heavier penalty the law in force at the time of the commission of the offense shall be applied 3. If the new law totally repeals the existing law making the act not punishable, the crime is obliterated. (Reyes, 2008, p.15) PRELIMINARY TITLE ARTICLE 4 ‘TIME WHEN ACT TAKES EFFECT ‘+ The Revised Penal Code (RPC) was approved on December 8, 1930, + Ittook effect on January 1, 1932 ARTICLE 2 APPLICATION OF ITS PROVISIONS Article 2 sets forth the instances where the provisions of the Revised Penal Code are applicable although the felony is committed outside the Philippine Territory. Felonies under this Articie shall be cognizable by the proper court where the criminal action was first filed. (Section 15(d), Rule 110 of the Rules of Court} TITLE ONE: FELONIES & CIRCUMSTANCES WHICH AFFECT CRIMINAL LIABILITY CHAPTER ONE: FELONIES (ARTS. 3-10) ARTICLES FELONIES Felonies — acts or omissions punishable by the Revised Penal Code. Reet aw NG) Elements of Felonies (General): 1. There must be an act or omission i.e there must be external acts, ‘Act — any bodily movernent tending to produce some effect in the external world It must be external as internal acts are beyond the sphere of penal law. Omission ~ is inaction or the failure to Perform a positive duty required by law 2. The act or omission must be punishable by the RPC. = Based upon the maxim, “nullum crimen, nulla poena sine lege, 3. The act is performed or the omission is incurred, by means of dolo (malice) or culpa (fault). + The act or omission must be voluntary. Classification of Felonies According to the Means by Which They Are Committed: A. Intentional felonies ~ the act is Performed or the omission is incurred with deliberate intent or malice to do an i Requisites of DOLO or MALICE: (Fil) 1. Freedom + Voluntariness on the part of the person to commit the act or omission, +) When a person acts without freedom, he is no longer a human being but a tool Lack of freedom = offender is exempt from liability. (e. presence of irresistible force or uncontrollable fear) 2. Intelligence = Capacity to know and understand the consequences of one’s ‘act. ‘Without this power,-necessary to deterininie-the morality of human acts, no‘edme can exist Lack of. intelligence = offender is ‘exempt fom liability. (.e, offender is an imbecilé, insane, or 15 years of ‘age or under.) 3. Intent (Criminal) ‘s) The purpose: to’ use. particular means to.effect such result, ‘sintent to commit san’ act with malice, being, purely @ mental process, is. presumed. Such San Beda College of Baw | 5 2012 CENTRALIZED BAR OPERATIONS(ee presumption arises from the proof ‘of commission of an unlawful act + A mental state, hence, ts existence is shown by overt acts, Lack of intent = act is justified Offender incurs NO caminal liability (ie. existence of a lawful or insuperable cause, commission by mere accident) Criminal intent is necessary because: + Actus non facit reum nisi mens sit rea = ihe act itself does not make a man guilty unless his intentions were so + Actus me invito factus non est meus actus ~ an act done by me against my will is not my act. (U.S. v. Ah Chong, 15 Phil. 499) Erato ns ‘An intention to commit a definite act Feed 1 BIRT sistance of te tent fa wrongil at” | Mot presumed The burden of proving The burden of powing | Me fence ofthe the absence of inte i ne is upon the accused. een as Se Intent is an element of the come 8. Culpabie felonies - performed without malice. Requisites of CULPA: (FIN) 1. Ereedom, 2. Intelligence; 3. Negligence, imprudence, lack of foresight, or lack of skill The act or omission is voluntary but the intent or malice in’ intentional felonies is replaced by imprudence, ete. Negligence — indicates a deficiency of perception; failure to pay proper attention and to use diligence in foreseeing the injury or damage impending ta be caused Usually involves ack of foresight. Imprudence ~ indicates a deficiency of action; failure to take the necessary precaution to avoid injury to person or damage to property; usually involves lack Of skill. 4 | Sau Beda College of Law | 2012 CENTRALIZED BAR OPERATIONS Reason for punishing acts of negligence: ‘A man must use his common sense, and exercise due reflection in all his acts: itis his duty to be cautious, careful and prudent, if not from instinct, then thru fear of incurring punishment, (US vs. Maleza, 14 Phil, 468, 470) Note: In Art 3, culpa is @ MODE of commiting a crime; hence, killing is denominated “homicide through reckless imprudence. In Art. 365 (quasi-offenses), culpa is the crime punished, nenee, the crime is denominated “reckless imprudence resulting in homicide. (Boado, 2008, p.42) re ‘Act is malicious Not malicious. injury caused Unintentional being With deliberate intent. | incident of another act performed without malice —_ Wrongful” act results Has intention to cause | "0" imprudence. Ad negligence, lack of | wry foresight or lack of l ski Honest Mistake of fact — 2 misapprehension of fact on the part of the person causing injury to another. Such person is NOT criminally liable as he acted without criminal intent (gnorantia fact excusat) ‘An honest mistake of fact destroys the resumption of criminal intent which arises Upon the commission of a felonious act, Honest Mistake of fact is NOT applicable in CULPABLE felonies, Requisites. of mistake of fact as a defense: 4. That the act done would have been awful had the facts been as the accused believed them to be 2. That the intention of the accused in Rerforming-the act should be lawful; and 3. That the mistake must be without fault or carelessness.,on. the-part of the acctised, a US vs. ab Chong (78 Phil 488, 4910) ~ the “accused chad: no ‘altefpative but to-take the faéts as they appeared to: him,’and such als justified his act-of kiling his roommate:elec Lilie ty VG b. People vs. Oanis (74 Phil 257, 1943) ~ the accused police officers were at fault when they shot the escaped convict, who was sleeping, without | first ascertaining his identity Mala prohibita ~ (the third class of crimes) punishable by special penal laws and where criminal intent is not, as a rule, necessary, it being sufficient that the offender has the intent to perpetrate the act prohibited by the special law. Its punishable because the prohibited act 's 80 injurious to the public welfare that itis the crime itsel. Exceptions: 1, Cuenca vs. People (G.R. No. L-27586, June 26, 1970) Cuenca was entitied to assume that his employer had the requisite license to possess said firearm and ammunition and to turn them over to him while he was on duty as one of the regular security guards of @ duly licensed security agency 2. People vs. Landicho (/CA/ 55 OG 842) ‘The doctrine of the immateriality of animus possidendi should be relaxed in certain way. Otherwise, the avowed purpose of the government's policy cannot be realized. 3, People vs. Mallari (/CA) 550.6. 1394) Where the accused had a pending application for permanent permit to Possess a firearm, and whose possession Was not unknown to an agent of the law who advised the former to keep it in the meantime, any doubt as to his claim should be resolved in his favor. 4 Mere transient possession of unlicensed firearm While in stealing a firearm the accused must necessarily come into possession thereof, the crime of illegal possession of firearms is not committed by mere transient possession of the weapon. Thus, stealing a firearm with intent not to use but to render the owner defenseless, may Suffice for purposes of establishing @ case Of theft, but would not justify a charge for illegal possession of firearm, since intent to hold and eventually use’ the weapon would be lacking. (People vs. Dela Rosa GR. No. 84857, January 16, 1998, citing People vs. Remereta, 98 Phil. 413, 1956) TALC Mala Prohibit, a CSonens Wrong from its very | Wrong because itis | nature. rohibited by lav CSE ‘Good faith is a vahd ] defense; unless the | Good faith is not a crime 1s the result of | defense | | Intentis an element. | Cnminal EEE The degree of | The act gives ise to accomplishment of the | a erime only when it crime is taken into | is consummated account in punishing | the offender RULE ers Circumstances Mitgating ‘and | Miigating ‘and | | aggravating aggravating circumstances are | circumstances are taken into account in | generally “not taken 1e penalty | into account. eS TET re RES When tee eee | than one ofender'ne | pacpaton ogre ef pancpaton | Sorersy nat taked [ore each nine | Br sectu Alene Comamasion ‘ot tne | pariopatein te ne | camo" taken ino | are punished to ae | ecoun samme sent SE Ce Penal conpuston tie ore | mebasisotunener pe | ofendere ae” he | Js brocbal tender | same “sheer they | on mer | Sr ney | Sccomplce” St | atzomptces access sccarconce Violatonof Spacat dwe, (General aes ITT ‘There are three stages attempted, "frustrated consummated. No such stages of | execution There are three persons” ermnaly Generaly, only the | ble ice, PRCA | inca els Perales may divided into "degrees Lanapenods "8 There is no such sion of penaies. | Is te purpose to use | Is the reason or moving 2 particular means to | power whieh impels one ‘effect such result, to commit an act for a | definite result crime, axcept in| the erme, Unintentional felonies | (culpabie), Is" essential. in | Ts eseential only when Intentional felonies. | the. identity of | perpetrator i in doubt San Weds College of Law | 7 2012 CENTRALIZED BAR OPERATION:TU a eee eles Motive ~ is the moving power which impels fone to action for a dafinite result. (Reyes, 2008, p. 59) Motive: When Relevant 1. When there is doubt as to the identity of the assailant: 2. In ascertaining the truth between two antagonistic theories or versions of the killing 3. Where the identification of the accused proceeds from an unreliable source and the testimony is inconclusive and not free from doubt; Where there are no eyewitnesses to the crime, and where suspicion is likely to fall upon a number of persons: 5, When the act is alleged to be committed in defense of a stranger because it must not be induced by revenge, resentment or ‘other evil motive, 6. If the evidence is merely circumstantial ARTICLE 4 CRIMINAL LIABILITY Par. 4: Criminal Liability for a. felony different from that intended to be committed. Rationale: &/ que es causa dela causa es causa del mal causa ~ He who is the cause of the cause is the cause of the evil caused, Requisites: 1. That an intentional felony has been committed, No Intentional Felony: a. When the act or omission is not punishable by RPC; or b. When the act is covered by any of the Justifying circumstances in Art. 11. of RPC. | Actor omission should not be punished by a special law because the offender violating a special law need ot have the intent to do any injury to another. In such case, the wrongful act done could not be different, as the offender did not intend to do any other injury, Any person who creates in another person’s mind an immediate sense of danger, which causes the latter to do something resulting in the latter's injuries, is liable for the resulting injuries: (People vs. Page, 77 SCRA 8 | San Beda College of Law | 2012 CENTRALIZED BAR OPERATIONS. EEE ee 348, citing People vs. Toling, L-27097, Jan. 17, 1975, 62 SCRA 17, 33) That the wrong done to the aggrieved party be the direct, natural and logical ‘consequence of the felony committed Proximate Cause - that cause, which, in the natural and continuous ‘sequence, unbroken by any efficient intervening cause, produces the injury, and without which the result would not have occurred + if the result can be traced back to the original act, then the doer of the original act can be held criminally liable. + The relation of cause and effect must be shown: a. Unlawful act is the efficient cause b. Accelerating cause © Proximate cause Thus, the person is still criminally liable although the wrongful act done be aifferent from that which he intended 1. Error in Personae - mistake in the identity of the victim (Article 49 penalty for lesser crime in its ‘maximum period) 2. Abberatio ictus ~ mistake in the blow (Aitice 48 on complex cnmes — penalty for graver offense in its ‘maximum period) 3. Praeter intentionem — injurious result is greater than that intended (Article 13 ~ Mitigating Circumstance) When death is presumed to be the natural consequence of physical injuries inflicted: 1. That the victim at the time the physical injunes were inflicted was in normal heath 2. Thal the death may be expected from the physical injuries inflicteg 3, That. “death ensued. within’, reasonable time Note: The-offended paity’is not obliged to Submit'to a/surgi¢al operation of medical treatment\"to relieve the accused’ from liability Felony committed is NOT the proximate cause of the resulting injury when: 1.--There is an active. force betvieen the Yelony committed: and .the “resulting injury, Such aétive forcals distinct from the felony committed, SP2. The resulting injury is due to the intentional act of the victim, i.e. fault or carelessness of the victim to increase the criminal liability of the assailant Instances when there is a proximate cause and when there is none: tnstance as (eG ae If disease is closely related to the wound Ii disease is unrelated | tothe wound Tf disease is combined | force with wound contributing factor to victim's death NOTE: A mortal wound is @ contributing factor when i. The wound is sufficient fo ‘cause the victim's | death along with the disease li. The mortal wound was, caused by actions ‘committed by the accused RUE ‘Of the wound due to the unskilled medical Coie! Ifthe wounds mortal] YES. Unskilled treatment and infection are NOT efficient intervening causes | Tie wounds sight [NO Unskiled treatment and infection are efficient intervening | causes J Efficient intervening Cause ~ interrupted the atural flow of events leading to one's death This may relieve the offender from liability NOT efficient intervening causes: 1. The weak or diseased physical condition victim; 2. The nervousness or temperament of the victim: 3. Causes which are inherent in the victio 4. Neglect of the victim or third person; (ex. refusal of medical attendance) 6. Erroneous or unskilled medical or surgical treatment (unless the wound is slight or not mortal) Lenade dacs BOWIE NS Par. 2: Impossible Crime Requisites: (PEIN) That the act performed would be an offense against persons or property 2. That the act was done with evil intent 3. That its accomplishment: is. {nherently impossible, or that the means employed is either inadequate or ineffectual, and Inadequate — means is insufficient (e.g small quantity of poison). Ineffectual - means employed did not produce the result expected (e.g. pressed the trigger of the gun not knowing that itis emply). + Inherent impossibility of its accomplishment: @ Legal impossibility ~ where the intended acts, even if completed would not amount to 2 crime. Eg. Stealing a property that turned out to be owned by the stealer See Gemma T. Jacinto vs. People of the Philippines, G.R. No. 162540, July 13, 2009 b. Physical impossibility — When extraneous circumstances unknown to the actor or beyond his control prevent. the consummation of the intended crime.” Eg. When one tres to murder a corpse. See Sulpicio Intod vs Honorable Court of Appeals and People of the Philippines GR. No, 103179 October 21, 1992 4. That the act performed should NOT constitute a violation of another provision of the RPC. Felonies against persons are: (MHPI-DRAP) 1. Parricide (Art 246) 2. Murder (Art:248) 3. “Homicide (Art-249) 4 Infanticide (Ar 266) 5. Abortion (Arts. 256, 257, 258 and 259) 6. Duel (Arts'260 and 261) 7. Physical injuries (Arts 262, 269, 264, 265 and 266) Rape (Art 266-4) Feloniga: against property ‘are?’ (BRUCT- SCAM): 1. Robbery. (Arts. 294, 297, 298; 299, 300, 302 fd $03) 2. Brigandage (Ads. 306:and 307) San Beva College of Haw | 2012 CENTRALIZED BAR OPERATIONS3. Theft (Arts. 308, 310, and 311) 4 Usurpation (Arts. 312 and 313) 5. Culpable Insolvency (Art. 374) 6. Swindling and other decelts (Arts. 316, 316, 317 and 318) 7 Chaltel Mortgage (Art. 319) 8 Arson and other crimes _ involving destruction (Arts. 320, 321, 322, 323, 324, 325, and 326) 9. Malicious Mischief (Arts, 327, 328, 329 330 and 321) Purpose of punishing impossible crimes: To Suppress criminal propensity or criminal tendencies, Notes: + Felony against persons or property should not be actually committed, for otherwise, he would be liable for that felony, there ‘would be no impossible crime to speak of. * There is no attempted or frustrated impossible crime. It is always ‘consummated and applies only to grave or less grave felonies. * Under Article 59, the penalty for impossible crimes is arresto mayor or a fine ranging from 200-800 pesos. ARTICLE 5 DUTY OF THE COURT Par. 1. Acts which should be repressed but which are not covered by law. Requisites: 4. ‘The act committed by the accused appears NOT punishable by any law, 2. Bul the court deems it proper to repress ‘such act 3. In that case, the court must render the proper decision by dismissing the case and acquitting the accused; and 4. The judge must then make a report fo the Chief Executive, through the Secretary of Justice, stating the reasons which induce him to believe that the said act should be made the subject of penal legislation. ‘The Philippines does not subscribe to common law cies system. Under this article if an act should be repressed but there is no law punishing the same, the proper decision of acquittal must be made. This is in consonance 1@ maxim nullem crmen nulla posna sine Par. 2. Excessive Penalties Requisites: 1, ‘The court after trial finds the accused san Hieda College of Law 2012 CENTRALIZED BAR OPERATIONS, 2, The penalty provided by law and which the court imposes for the crime committed appears to be clearly excessive because — a. the accused acted with lesser degree of malice, and/or b. there is no injury or the injury caused is of lesser gravity, 3. The court . should ‘not suspend the execution of the sentence; and 4. The judge should submit a statement to the Chief Executive, through the Secretary of Justice, recammending executive clemency, ‘The court must impose the penalty prescribed for the crime committed although it finds the Penalty too harsh considering the conditions Surrounding the commission of the crime. The most the judge could do is to recommend to the Chief Executive to grant executive clemency. Par. 2 not applicable to the offense defined and penalized by a special law, ARTICLE 6 CONSUMMATED, FRUSTRATED & ATTEMPTED FELONIES Formal Crimes or Crimes of Effect — felonies which by a single act of the accused consummates the offense as a matter of law (ie. physical injuries, acts of lasciviousness, attempted flight to an enemy country, ‘coercion, stander) Material crimes ~ crimes which involve the three stages of execution. Stages of execution: (does NOT apply to crimes under special laws unless otherwise Provided, crimes by omission, and formal crimes) A. Consummated felony When all the elements necessary for its execution and accomplishment are present B. Frustrated Felony Elements: 1. “The offehder performs all the acts of execution; 2. All the acts performed would produce the felony as a'gonsequence; (belief of accused as tO whether or not he had performed all‘acts of execution should ‘be immaterial) 3. Biltthe felonyis not produced; andc. 4. By reason of causes independent of the wil of the perpetrator. What crimes do not admit of frustrated stage? They are those which, by the definition of a frustrated felony, the offender cannot Possibly perform all the acts of execution to bring the desired result without consummating the offense. Example: 1. Rape, since the gravamen of the offense is carnal knowledge, hence no matter how slight the penetration the felony is consummated. Indirect Bribery, because it is committed by accepting gifts offered to the public officer by reason of his office. If he does not accept, he does ot commit the crime. If he accepts, it is consummated. 3. Corruption of Public Officers, because the offense requires the concurrence of the will of both parties, such as that when the offer is accepted, the offense is consummated, But when the offer is rejected, the offense is merely attempted, 4. Adultery, because the essence of the ccrime is sexual congress. 5. Physical Injury, since it cannot be determined whether the injury will be slight, less serious, or serious unless and until consummated 6. Theft, because the unlawful taking immediately consummates the offense and the disposition of the thing is not an element thereot, Attempted Felony Elements: 4, The offender commences the commission of the felony directly by overt acts, 2. He does not perform all the acts of execution which should produce the felony: 3 He is not stopped by his own spontaneous desistance; and 4. The non-performance of all acts of execution was due to a cause or accident other than the offender's own spontaneous desistance Overt acts ~ Some physical activity or deed, indicating intention to commit a particular crime, + More than preparation, a mere planning or which if carried to its complete termination following its natural course, without being frustrated by external obstacles, nor by voluntary desistance of | the perpetrator will logically ripen into a Concrete offense. (Reyes, 2008, p. 87) Felony is deemed commenced by overt acts when the following are present: a. That there be external acts; b. Such external acts have direct Connection with the crime intended to be committed, Indeterminate Offense - is one whore the purpose of the offender in performing an act is not certain. The accused may be Convicted of a felony defined by the acts Performed by him up to the time of desistance. Desistance — is an absolutory cause which negates criminal liability because the law encourages 2 person to desist from committing a crime. Kinds of Desistance Desistance reverred toi law which would obviate” criminal liability unless the | overt or preparatory | act already | committe in themselves constitute a felony other than what the actor intended. eee [Desistance made during the attempted “stage, factor; the actor is. stil liable for the attempt Desistance made affer the attempted stage of the came Two Stages in the Development of a Crime: 4. Internat acts #.» Such as mére thoughts or ideas in the mind of person. ‘+ Not punishable 2. Exteinal acts caver: a. "Preparatory acts — ordinarily not Punished except when-considered by law as independent crimes (@.9. Art 304, Possession of picklocks and Sxtniiar tools) b. “Acts of Execution — punishable under the RPC. San Beda College of Kaw | 77 2012 CENTRALIZED BAR OPERATIONSAttempted stage - marks the ‘commencement of the subjective phase, Subjective Phase ~ is that portion of the acts constituting the crime, starting from the point where the offender begins the commission of the erime to that point where he has still control over his acts, including their (acts) natural course + If between those two points the offender is stopped by reason of any cause outside of his own voluntary desistance, the subjective phase has not been passed and it is an attempt. + If he is not so stopped but continues unt ne performs the last act, itis frustrated, Frustrated stage — the end thereof and the start of the objective phase Objective Phase ~ is the result of the acts of the execution, that is, the accomplishment of the crime. + If the subjective and objective phases are present, there is a consummated felony. + The spontaneous desistance of the accused is exculpatory oniy (a) if made during the attempted stage, and (b) provided that the acts already committed do not constitute any offense, Factors in determining stage of execution of felony: (MEN) 1. Nature of the offense; 2. Elements constituting the felony; 3. Manner of committing the felony ‘Murder/Homicide/Parricide/infanticide (MHPI): 1. With intent to kill, but no mortal wound is inflicted ~ attempted, With intent to kill, 2nd-mortal wound is inflicted ut victim does not die — frustrated, 3. The moment the victim dies, intent to kill is conclusively presumed ~ consummated Rules on crimes against persons (MHP!) ova rer Consummated sumed |_wound 12 | San Bena College of Law 2012 CENTRALIZED BAR OPERATIONS Direc lenges —Frtated [xe Tver [wena [Fa Ton no | ves | Ret [tempts wei ‘Overt No | ves | 8220 | attempted MHPI | wound | 4 ‘ioral Ser pryTCT ee | Ne wound injures Non. —| Lave serous No | No | mental | sight physica | wouna |“ inings Robbery! Theft Both crimes are committed by the taking of the personal property of another and with the intent to gain ‘The difference is that in robbery, there is the use of force or violence. So long as there is possession of the property, no matter how momentary it may be, the crime is consummated, In robbery by the use of force upon things, singe the offender must enter the building to commit the crime, he must be able to carry out of the building the thing taken to consummate the crime. In robbery with violence against or intimidation of persons, the crime is consummated the moment the offender gets hold of the thing taken andfor is in a position to dispose of it freely. It does not matter how long the property was in the possession of the accused; it does not matter whether the property was disposed or not; what is important is whether or not there was asportacion or unlawful taking Rape The crime of rape is consummated by mere penetration of the male organ no matter how slight or superficial Instances where there's attempted rape: a. When the skit of the vietim has been lited-ro matter what position, b. When the accused mounted ‘on the body of thevietim, When there ig epidermal touching of the genital organs of the accused and the viet In-attempted rape, there is the intent to have camel knowledge or. sexual intercourse. In acts of lasciviousness there is none. ¥ be = There is NO crime ‘ofifrustrated rape, only a frustrated rapist The case of People vs Enna was an exception since the victim was only 3 years oldExamples of Crimes and its Stages of Execution: Ree r re The tools used alone | The tools to Any part of the | are on fire, or | be used for bulging bumed, | a furniture or | commiting even if only a thing — not | the crime smail portion | attached to | are in. the the building | building | is on fire oa Er Decet and | THe money, No money. taken.""es | wes "takes ee eS hic © | “damaged" deceit is | present. orspent. | present TI TT Impossible 2] Evil ntont-is | Evi intent is Eviinten isnot not_sccamp: | not_accomp. | acvemstshed Lishes ished m Evil intent P Evi invent We | Ea ent possible” of| possible of | cannot "be accomplish. | accomptsh. | secomplished iment mont | What Trae | Eat intent Drevented the | prevented the | cannot be ‘accomplish- | accomplish- | accomplished ment isthe | ment isthe | because i's intervention of | intervention | inherently certain cause | of certain | mpossible of or accident in | cause or | acsompishment which the | accident in| or the. moans offender ad | which” the | employed by no part offender had | the offender ie no part inadequate or Ne __| inetestuat ARTICLE 7 LIGHT FELONIES Light Felonies — are those infractions of law for the commission of which the penalty of arresto menor or fine not exceeding 200 esos, or both, is provided. (Art. 9, par. 3) General Rule: Light felonies are punishable only when they have been consummated Reason: They produce light, insignificant moral and material injuries. Exception: If committed against persons or property, punishable even if attempted or frustrated Reason for the exception: Such commission presupposes moral depravity * The exception with regard to crimes against persons is actually unnecessary, as the only light felony against persons is rudd ctr cere Wie slight physical injuries which in the first place is always consummated + The exception can apply however to attempted or frustrated light felonies against property BUT only principal and accomplices are criminally liable while accessories are exempt Light Felonies under RPC: (STAM) 1. Slight physical injuries (Art, 265) 2. Theft (Art 209, par. 7 and 8) ‘+ When the value of thing stolen is less than five pesos and theft is committed under the circumstances enumerated under Article 308 par 3 3. Alteration of boundary marks (Art 313) 4. Malicious mischief (Art 328, par 3, Art 329, par. 3) ‘+ When the value of the damage does not exceed two hundred pesos or cannot be estimated 5. Intriguing against honor (Art. 364) Note: For light felonies, the only ones who can be held liable are the principals and accomplices, ARTICLE 8 CONSPIRACY AND PROPOSAL TO COMMIT FELONY General Rute: Mere conspiracy or proposal to commit a felony is not punishable since they are only preparatory acts, Exception: in cases in which the law specially provides a penalty therefor Conspiracy ~ exists when two or more Persons come to an agreement concerning the commission of a felony and decide to commit it + Agreement may be oral or written, express or implied, Requisites of Conspiracy: That 2 or more. persons came to an agreement, 2. That the” agreement pertains” to the commission of a felony. and 3. That the “execution of the felony was decided upon There must be participation with a ‘riminal_ resolution. because simple knoviledge thereot bya person may only make him’ liable as an ‘accomplice, The law’ specially provides. penalty for mere conspiracy in. an Beda College of aw | 13 2012 CENTRALIZED BAR OPERATIONS |RS ENN co (Under RPC) TRICSM ‘Treason, (Art. 115) Rebellion, (Art. 138) Insurrection, (Art. 136) Coup d'etat, (Art. 138) Seaition, (Art. 141) ‘Monopolies and combinations in restraint of trade. (Art. 186) opeene (Under special laws) 1. Espionage, 2. Highway robbery, 3. illegal association, 4. Selected acts committed under the Dangerous Drugs Act, Arson, and Terrorism under the Human Security Act Conspiracy as a felony, distinguished from conspiracy as a manner of incurring criminal ability. ron) ees donee Coen Conspirators should | I the conspirators commit not actually commit | it, say, treason, they will be treason, rebellion, | held liable for ireason, and ete, it boing sulficient | the conspiracy waich they | that two or more | had before committing | persons agree and | treason is only a manner of decide to commit it. | incurring criminal Habilty, not treated as a separate offense. Felony relates to a | Conspiracy 1s nol Wreated crime actually | as a separate offense but committed. | used to. determine the liability of the offenders Tn conspiracy, the act of General Rule: When conspiracy is established, all who participated therein, inespective of the quantity or quality of his participation is liable equally, whether conspiracy is pre-planned or instantaneous. Exception: Unless one or some of the conspirators committed some other crime which is not part of the intended crime. Exception to the Exception: When the act constitutes a "single indivisible offense.” Doctrine of Implied Conspiracy Conspiracy may be inferred ifit is proven that two or more persons aimed their acts towards the accomplishment of the same unlawful object, each doing a part so that their acts although apparently independent were in fact connected and cooperative, thus indicating 2 closeness of personal association and a concurrence of sentiment, 14| San Beda College of Law 2012 CENTRALIZED BAR OPERATIONS © It is enough that at the time of the commission of the offense, the offenders acted in concert, each doing his part to fuffl their common design. ‘+ There is unity of purpose and unity in the execution of the offense, In determining whether there is an implied conspiracy, it must be based on: a, Overt acts done before, during or after the commission of the crime; or b. Words, remarks or language used before, during’ or after. the commission of the crime, = They must be distinct from each other, independent or separate + They must be closely associated, closely related, closaly linked, and coordinated © They must be for a common criminal design, joint criminal interest, unity of criminal purpose, or concerted action, geared towards ‘the attainment of the felony, Proposal to commit a felony — when the person who has decided to commit a felony proposes its execution to some other person or persons. Requisites of Proposal: 1, That a person has decided to commit 2 felony (Decision); and 2, That he proposes its execution to some other person or persons (Proposal) RPC specially provides penalty for mere proposal in (TRIC) 4. Treason, 2. Rebellion, 3. Insurrection, and 4. Coup d'etat There is no criminal proposal when: 1, The person "whe propases is NOT determined ¥6 commit the felony: pfoposal bit a mereSuggestion, 3. isnot the texecdtion-ofartelory, thet Is “proposes! a ee + 1g nb ReEBestey that tne BBRfon 10 vio Ine apse hat ne Sicpes to commit TRIC, what fonstitules HS, felony istemisna oF the pngosah heLkaotseuode ME SUNE NEA ARTICLE 9 CLASSIFICATION OF FELONIES ACCORDING TO GRAVITY Grave felonies ~ are those to which the law attaches the capital punishment or penalties which in any of their periods are afflictive, in accordance with Art. 25 of the Code, ‘These are: 1. Reclusion perpetua, 2. Reclusion temporal, 3. Perpetual or Temporary Disqualification, 4. Perpetual or Disqualification, Prision mayor, Fines more than Php 6000. Absolute Temporary Special Less grave felonies ~ are those which the law punishes with penalties which in their maximum period are correctional, in accordance with Art, 28 of the Code, ‘These are: Prision correccional Arresto mayor, Suspension, Destierro, Fines equal to or mors than Php 200 but less than Php 6000 Light felonies ~ are thase infractions of law for the commission of which the penalty of arresto menor or a fine not exceeding 200 pesos, or both, is provided. Importance of Classification 1, To determine whether these felonies can be complexed or not 2. To determine the prescription of the crime and the prescription of the penalty. ARTICLE 10 OFFENSES NOT SUBJECT TO THE PROVISIONS OF THE RPC General Rule: RPC provisions are supplementary to special laws Exceptions: 1. Where the special law provides otherwise. 2. When the provisions of the RPC are impossible of application, either by express provision or by necessary implication, + Thus, when the special law adopts the Penalties imposed in the RPC, such as reclusion perpetua or reclusién’ temporal, the provisions of the RPC on imposition of penaities based on stage of execution, degree of participation, and attendance of mitigating and aggravating circumstances may be applied by necessary implication CHAPTER TWO JUSTIFYING CIRCUMSTANCES AND. CIRCUMSTANCES WHICH EXEMPT FROM CRIMINAL LIABILITY (ARTS. 11-12) Imputabitity ~ the quality by which an act may be ascribed to a person as its author or owner It implies that the act committed nas been freely and consciously done and may therefore bbe put down to the doer as his very own, Responsibility ~ it is the obligation of taking the penal and civil consequences of the crime. Guilt — an element of responsibilty, for a men cannot be made to answer for the consequences of a crime unless he is guilty. ARTICLE 11 JUSTIFYING CIRCUMSTANCES Justifying Circumstances - those where the act of a person is said to be in accordance with law, so that such person is deemed not to have transgressed the law and is tree from both criminal and civil liablty. There is no civil liability, except in par. 4 of Ar. 17 where the Civil lability 15 borne by the persons benefited by the act, + An affimative defense, hence, the burden of proof is on the accused who must prove {by clear and convincing evidence. + There is both NO crime and NO criminal + Basis: Lack of criminal intent Par. 1, Self-Defense Rights included in self-defense: Self-defense includes not only the defense Of the person or body of the one assaulted ut also that of his rights, the enjoyment of which: is protected by law, Thus, it includes 4. The right to honor Henos, a stap on the. face”is considered a$. unlawful aggression since the face represents ‘a person and his dignity. itis a serious personal attack, a physical -assault, Soupled with a wilfil-aisgrace. and it May, therefore, Be frequently regarded 8 placing in real danger a person's dignity, rights and safely. (Rugas vs People,.GR No. 147789. Jan 14, 2004) San Beda College of Eaw | 15 201.2 CENTRALIZED BAR OPERATIONS16 CRIMINAL LAW | Book One 2. The defense of property rights can be invoked if there is an attack upon the property although it is not coupled with an attack upon the person of the ‘owner of the premises, All the elements for justification must however be present. (People vs. Narvaez, 121 SCRA 389, 1983) ‘Subjects of Self-Defense: (PRPH) ‘a. Defense of Person b. Defense of Rights c. Defense of Property d._ Defense of Honor ‘+ What is important is net the duality of the attack but whether the means ‘employed is reasonable to prevent the attack + Self Defense is lawful because: > Impulse of self-preservation; > State cannot provide protection for each of its constituents. ‘Stand ground when in the right — the law does not require @ person to retreat when his assailant is rapicly advancing upon him with a deadly weapon, Reason: He runs the risk of being attacked in the back by the aggressor. Requisites: (URL) 1. Unlawful aggression (condition sine ‘qua non) Kinds of aggression: a. Lawtul i. Inthe exercise of a right ii, In the fulfilment of a duty b. Unlawful Reasonable necessity of the means ‘employed to prevent or repel it (if by a peace officer, reasonable necessity of the means employed to overcome opponent); and 3. Lack of sufficient provocation on the Part of the person defending himsatt Unlawful aggression = Equivalent to an actual physical assault, or + Threatened assault of an immediate and imminent kind which is offensive and positively strong, showing the ‘wrongful intent to cause injury ‘Actual ~ that the danger must be present, that is, actually in existence San Beda College of Law 2012 CENTRALIZED BAR OPERATIONS Imminent -the danger is on the point of happening. it is not required that the attack already begins, for it may be too late. ‘= Must come from the person attacked by the accused = No unlawful aggression when there was an agreement to fight, > The challenge to fight must be accepted, > But aggression which is ahead of @ stipulated time and place is unlawful = Not merely oral threats or threatening stance or posture. > Mere belief of an impending attack is not sufficient In ‘elation to “mistake of fact," the belief of the accused may considered in determining the existence of unlawful aggression. E.g there is self-defense even if the aggressor used a toy gun, provided that the accused believed it to be a real gun. Reasonable necessity of the means employed + It involves two elements, necessity for the course of action and necessity of the means employed, which should be reasonable + In. Getermining reasonable means, some factors are to be considered such as: (PENIS) a. Bresence of imminent danger, b. Emergency to which the person defending himself has | been exposed fo; . Nature and quality of the weapon used by the accused compared to the weapon of the aggression 4. Impaled" by’ the-nstinct of ‘sel vation: | ‘and/or phySical-characték “ot the eggressor-'compared ito the atcused:énd-othar cireuirastances ‘that: canbe" considered showing digpanily between aggressor and | aqcuseg «This “element! should be interpreted ‘betaly 'in favor.of the law-abiding “etizen, + Berfact equallijpatwean tia weapons fised by the, 6A€-Jofending. himself sand, that of; the “aggressor is not ‘weabiyed naithee"ig the material comimengurabilty netvberthe means eS t DPAL rae of attack and defense, Rational equivalence is enough. Reason: Because the person assaulted does not have sufficient tranquility of mind to think and to calculate. + Retreat of aggressor — aggression ceases, EXCEPT when retreat is made to take a more advantageous Position to insure the success of the attack begun, unlawful aggression continues, Sag 2. She has an inability to place the esponsibility forthe viclence elsewhere: 3. She fears for her life andlor her children’s life; and 4. She has an irrational belief that the ‘abuser is omnipresent and omniscient + Only 2 certified psychologist or Psychiatrist can prove the existence of the Battery Woman Syndrome in a woman, Battery — refers to any act of inflicting physical harm upon the woman or her child resulting to physical and psychological or emotional distress, Inceptual unlawful | Unlawful aggression | aggression had | was stil existing when already ceased when | the aggressor was Lack of Sufficient Provocation the accused attacked | injured by the person + Sufficient provocation should not him, ‘making the defense. come from the person defending himseltfaccused, “and it must There must be no | appreciable time. interval between the unlawful aggression {and the kiling, Under Republic Act 9262, known as the Anti- Violence against Women and their Children Act of 2004: Victim-survivors who are found by the courts to be suffering from Battered Woman Syndrome do not incur any Criminal or civil liability notwithstanding the absence of any of the elements for justifying circumstances of self-defense under the RPC. (Sec. 26, RA, No. 9262) The law provides for an additional justifying circumstance, Battered Woman Syndrome — refers to a scientifically defined pattem of Psychological and .behavioral symptoms found in women’ living in battering relationships as a result of cumulative abuse. “Cycle of violence” has three phases: (TAT) 1. The Tension building phase: 2. The Route battering incident 3. The Tranquil, loving (or at least non- violent) phase (People v. Genosa G.R. No. 135981, January 15, 2004) Four characteristics of the syndrome: 4. The woman believes that the violence was her fault immediately precede the aggression + Defense of property should be coupled with danger to the person defending oneself; if there is no danger to the person or the person's life or limb, defense of property cannot be invoked Par. 2. Defense of Relatives. Requisites: 1. Unlawful aggression: 2. Reasonable necessity of the means ‘employed to prevent or repel it; and 3. In case the provocation was given by the person attacked, the one making the defense had no part therein Relatives that can be defended: (SADBrosaca) 4" Spouse 2. Ascendants 3. Descendants 4, Legitimate, natura! or adopted Brother® anid ‘Sisters; or relatives: by Affinity inthe same-degrees. Death of the, spouse terminates-the relationship = Sy aftini BE ERelatives’By Consanguinity within the Fourth duiltiegree + The fact that the relative defended {gave provocation is immatenal There ising SdlGtinction in the 4 Revised Perel: Code,\mether the descendant shoud -b&=legiimate 25 0f legitimate, wned thé law does “Sieh distinguish, thé cours cannot “distinguish San Beda College of Law | 17 2012 CENTRALIZED BAR OPERATIONSTN rae) Justification: It is found not only upon a humanitarian sentiment, but also upon the impulse of blood which impels men to rush, on the occasion of great perils, to the rescue of those close to them by ties of loos. Par. 3. Defense of Stranger ‘Stranger ~ any person not included in the enumeration of relatives under par. 2 of Art. 11, + Damage to another includes injury to persons and damage to property =A person defending his commondaw spouse or adopted child will fall under this paragraph Requisites: 1. Unlawful aggression; 2. Reasonable necessity of the means employed to prevent or repel it; and. 3. The person defending was not induced by revenge, resentment or other evil motive. + Motive is relevant only in this kind of defense. Justification: The ordinary person would not stand idly by and see his companion killed without attempting to save his life Par. 4. Avoidance of greater evil or injury State of Necessity Article 11, par. 4 — offender deliberately caused damage. Article 12, par 4 — offender accidentally caused damage. Requisites: 1. That the evil sought to be avoided actually exists; 2. That the injury feared be greater than that done to avoid it; and 3. There be no other practical and less harmful means of preventing it ‘+ Itis only in this par. (4) that the person defending himself incurs civil liability, since generally in this article there is no civil liability on the part of the accused. Such liability is borne by the person benefited + Greater evil must not be brought about by the negligence or imprudence or violation of law by the actor. + The damage caused by the accused in the state of necessity contemplated here is deliberate, while that in Par. 4 18 | San Wena College of Law 2012 CENTRALIZED BAR OPERATIONS: of Art, 12 is accidentally caused. (Regalado, 2009, p. 57) Par. 5. Fulfilment of duty or lawful exercise of right or office Requisites: ‘That the accused acted. in the performance of a duty or in the lawful exercise of a right or office; and 2. That the injury caused or the offense committed be the necessary consequence of the due performance of duty or the lawiul exercise of such Fight or office ‘= People vs. Delima (46 Phil 738, 1922) = the shooting by guards of escaping prisoners is always justified + The executor of death convicts at the Bilibid Prison cannot be liable for murder for the executions performed by him because he was merely acting in lawful exercise of his office. + Doctrine of “SELF-HELP” Article 429 of the Civil Code is applicable under this paragraph. The article states that “The owner or lawful possessor of a thing has the right to exclude any person from the enjoyment and disposal thereof. For this purpose, he may use such force as may be reasonably necessary to repel or prevent an actual or threatened unlawful physical invasion or usurpation of his property. Par. 6. Obedience to an order issued for some lawful purpose Requisites: 1. That an order has been issued by 2 superior 2. That_such-orger-must, be for some lawful pumposé-and : 3, That-the” “imeans" used by othe 1, Suboraibalé Acrcaniy out said qrderis ‘i lawtul. = ‘Par 6-presupposes “that what: was beyed fby the accused was\a'tawful den ut ifthe accused comipliéd with “an \inlawfit ofder under a Tiisfake of fact he should not_inopr “criminal “stilt com + Subordinate isCOLEMAN ARTICLE 12 they cannot be graduated in degrees EXEMPTING CIRCUMSTANCES of gravity. (Regalado, 2009, p.60) ‘* An insane person is not so exempt if it a Exempting Circumstances (or the can be shown that he acted during a Circumstances for Non-imputability) — lucid’ interval. But an imbecile is those grounds for exemption from punishment, exempt in all cases from criminal . because there is wanting in the agent of the liability. . crime any of the conditions which makes the * People vs. Formigones (87 Phil 661, act voluntary, or negligent. 1950) — feeblemindedness is not * There is a crime but NO criminat. ‘exempting but can be considered as * The burden of proof to prove the existence mitigating 4 of an exempting circumstance lies with the + Somnambulism or sleepwalking must 3 defense. be clearly proven to be considered as an exempting circumstance under this Basis: The exemption from punishment is Article, 3 based on the complete absence of + Malignant Malaria affects the nervous intelligence, freedom of action, or intent, or on system and causes among others the absence of negligence on the part of the such complication as acute accused, melancholia and insanity at times, and if clearly proven will be considered as E Reo ur Exemptin, an exempting circumstance under this. : omen coin ds Baragraph. (People vs. Lacena, 69 It affects the act not | It affects the actor not Pht 350) peace __jtwat | Two tests of insanity: The. acl canaaarea| The wel GRATE St Tied a CORTON — complete E within the bounds" | at a tenet deprivation of inteligence in a law, hence, legitimate | liable. committing the crime. and lawful in the eyes | 2. Test of VOLITION ~ total deprivation ' efihelow of freedom of wl 4 ‘Since “the act is | Since the act + In the Philippines, both cognition and fonsiered” “Tawi | companed”” or“ Voliton tests are appli there ns there sno came | Soames oS be complete deprivation ofthe inteog 2 crime but since the (Cognition) or will or freedom (volition) actor acted nul + ie fede moat ove at te , accused wes insane at the tine We aime $F oe loa —_ commission of the crime because the coe ees resumption is. always. in faver or ‘= No criminal tiability No criminal tiability | sanity. No ah tabi | = There a (except rt 11 par | * oscopt rey What are the effects of the insanity of the 4, where there is civil | 4 and 7, where there accused? dabiity) is no ei labilty) Seer rrr ss Par. 1. Imbecility or insanity ‘pat the” time of the: Exempt ftom labity, ‘ineission GF Ihe ~ Proceedings Wi be Suspended 2 ang & {|| accused cSuiniteg Se | adh | ta hoopia oe Rar ugaTIEAT ay while | Execution ob uGGOAT me yr] suctend@e the ‘accused. commited Imbecility exists when a person, while of advanced age, has a mental development comparable to that of children between two and seven years of age. Insanity exists when there is a complete Geprivation of intelligence or freedom of the will, Mere abnommality of mental Sa tesa. hospksle The faculties is not enough especially if the 4 {petBebr eontinement offender has not lost consciousness of hs Ree" Soler acts. ‘costed for the ‘+ Insanity and imbecility, to exempt purpose” oF the Under Par. 1, must be complete, and -| preschton” of the peta San Beda College of Law | 19 201.2 CENTRALIZED BAR OPERATIONSRT xa ou ‘The fact that @ person behaves crazily is ot conclusive that he is insane. The prevalent meaning of the word “crazy” is, hot synonymous with the legal terms insane," "non compos mentis,” “unsound mind," “idiot,” or “lunatic,” The popular conception of the word “crazy” is being used to describe a person or an act Unnatural or out of the ordinary. A man may behave in a crazy manner but it does not necessarily and conclusively prove that he is legally 80. (People vs. Florendo, GR. No, 136845, October 8, 2003) Basis: Complete absence of intelligence Par. 2, & 3. Minority (Amended and superseded by RA 9344) JUVENILE JUSTICE AND WELFARE ACT (OF 2006 (RA 9344) Under RA 9344 (Juvenile Justice and Welfare Act of 2006), the following are EXEMPT from criminal liability Child 15 years of age or under at the time of the commission of the offense. ‘The child shall be however subject to an intervention program, If after the intervention, there is no reform, the minor shall be retumed to the court for the promulgation of the decision against the minor, and then the court shall either decide on the sentence or extend the intervention. b. Child above 15 but below 18 who acted without discernment, Discernment — mental capacity to understand the difference between Tight and wrong as determined by the child’s appearance, —_ attitude, comportment and behavior ‘not only before and during the commission of the offense but also after and during the trial, Itis manifested through: 1. Manner of committing the crime {i Conduct of the offender Es ron Refers to moral | Refers to the desired significance the person | act ofthe person ascribes to the act If-the child referred herein acted with discernment, he/she shall undergo diversion programs without 20 | San Beda College of Law 2012 CENTRALIZED BAR OPERATIONS undergoing court proceedings subject to the following conditions: (Section 23) i. Where the imposable penalty is not_more than 8 years of imprisonment, the Punong Barangay or law enforcement officer shall conduct mediation, family conferencing and conciliation Where the imposable penalty exceeds 6 years imprisonment diversion measures may be resorted to only by the court 2, Exemption from criminal liability herein established does not include exemption from civil liability The child in conflict with the taw shall enjoy the presumption of minority until he/she is proven to be 18 years old or older (Section 7, par.) ‘The prosecutor shall conduct a preliminary investigation and file an information upon determination of probable cause in the following instances (Section 33). ‘a. When the child in conflict with the law does not qualify for diversion, b. When the child, hisiner parents or guardian does not agree to diversion. c. Upon determination by the prosecutor that diversion is not appropriate for the child in conflict with the law, Automatic Suspension of Sentence — Once the child who is under 18 years of age at the time of commission of the offense is found guilly of the offense charged, the court shall determine and ascertain any civi liability which may have resulted from the offense committees. However, instead. -of . pronouncing the judgment of,:convction,, the “court shall nplace the-chilc in'conflict-with law ynder “suspended sentence, without need of aplication; and-.imnase he , appropriate disposition’ measyres-as provided in the ‘Supreme Gout Rule on Juveniles in Gopict wat ing Lew. (Section 38) pon "réeoperdation of the socll worker who thas custody of the:chid, the busta orcor the tal eipchats of tno hig’, The discharge} tna hil in'contlct with tbe law shal ngbatigy theca atiity reaulipg trom the ‘coniisiian” of the ont ¢Sett0n 29), reerame UNUaWy ‘Summary of Rules Par. 4. Accident without fault or inter If the judgment is an acquital, the decision shall immediately take effect without suspension and the decision shall be promulgated and pronounced, Hf the judgment is conviction, the promulgation of the decision and the sentence shall be suspended by the court, the minor shall be ordered to undergo intervention, which shall have the following effects 1. If after the intervention, there is reform on the part of the minor, the minor shall be retumed to the court to dismiss the criminal case and dismiss the charges against the minor. 2. If after the intervention, there is no reform, the minor shall be returned to the court for the promulgation of the decision against the minor; and then the court shall either. decide on the sentence or extend the intervention. Note: Only when there is (1) refusal to be subjected to reformation or (2) when there 's failure to reform can the child be subjected to criminal prosecution and the judicial system, Basis: Complete absence or lack of intelligence. n of causing it Par. Accident ~ is an occurrence that happens Outside the sway of our will, and although it comes about through some act of our wil, it lies beyond the bounds of humanly foreseeable consequences, Elements: (LOMW) ‘A person is performing a lawful act 2 Wi due care 3. He causes injury to another by mere accident; and 4. Without fault or intention of causing it Basis: Lack of negligence and intent, 8. A person who acts under the compulsion of an irresistible force Etemonts; (P13) That the compulsion is by means of Bhysical force; 2 That the physical force must be Irresistible; and 3. That the physical force must come from a thied person, Passion and obfuscation cannot amount to irresistible force, ‘+ The force must be so irresistible as to reduce the actor to a mere instrument who acts not only without will but against his will + The person who used the force or created the fear is criminally and primaniy civily liable, but the accused who performed the act involuntanly and under duress is stil secondarily liable, (Art, 101) Basis: Complete absence of freedom ue ae Offender uses violence | Offender employs ‘oF physical force to | intimidation or threat In compel another person | compaliing another to to.commit a crime, commit a crime, Must have been made | May be generated by | to operate directly | threatened act directed | upon the person of the | to a 3" person, eg accused the wife of the accused who was kidnapped The injury Teared may | The evil feared mast be of a lesser degree | be greater or at least than the damage | equal to the damage | caused by the | caused to avoid it. accused Par. 6. Uncontrollable fear Elements: 4. That the threat which causes the fear Is of an evil greater than, or at least equal to, that which he is required to commit; and 2. That it’ promises an evil of such gravity and imminence that the ‘ordinary man would have succumbed tort + Duress as a valid defense should be based~"on (éaty: imminent, reasonable fear forvone’s life or and” should _not..” be~-Speculative, fanciful6t Feniote fear, The? ‘coniplision imust ibe of -guch characte as to leave 110 oppértunity to gine, actused’ for escape ‘bi seit. SefedselInequal combat, | Jt Must, presuppose intimidation or treat, not forge or. violence: Par.7, "igen cause Insuperdbleycalisé ~ s8fie motive which has ial ees -oF physically San Beda College of Haw | 27 2012 CENTRALIZED BAR OPERATIONSAe AUN Ce Nel Ber gO prevented @ person to do what the law commands = Applies to felonies by omission. Elemente: (RFI) ‘That an act is required by law to be done: 2. That a person fails to perform such act; and 3. That his failure to perform such act was due to some lawful or insuperable cause. Examples: ‘The municipal president detained the offended party for three days because to take him to the nearest justice of the peace required a journey for three days by boat as there was no other means of transportation, (US vs. Vicentilo, 19 Phil. 118, 1911) ‘The distance which required a journey for three days was considered an insuperable cause. Note: Under the law, the person arrested incident to arrest must be delivered to the nearest judicial authority at_most within 36 hours under Art, 125 RPC; otherwise, the public officer will be liable delay in the delivery to judicial authorities. Accessories who are exempt from criminal liability by reason or relationship (Art, 20) and in light felonies Slight or less serious physical injuries inflicted under exceptional circumstances (art. 247) Persons exempt from criminal liability for theft, swindling and malicious. mischief (Art. 332) Instigation ‘Trespass to dwelling when the purpose of entering another's dwelling against the latter's will is to prevent some serious harm to himself, the occupants of the welling or @ third person, or for the purpose of rendering some service to humanity or justice, or when entering cafes, taverns, inns and other public housés, while the same are open (Art 280, par. 2) Marriage of the offender and the offended party in cases of seduction, abduction, acts of lasciviousness and rape (Art. 344) ‘Adultery and concubinage if the offended party shall have consented or pardoned the offenders. (Art. 344) + Entrapment is NOT an absolutory cause, A buy-bust operation conducted in connection with illegal drug-related offenses is a form of entrapment. Eine Instig a 2. A mother who at the time of childbirth was overcome by severe dizziness and extreme debility, and left the child in a thicket where said child died, is not liable for infanticide because it was physically impossible for her to take Ways and means are resorted to for the, capture of lawbreaker in the execution of his Instigator induces the would-be accused to commit the crime, hence he becomes 2 criminal plan. co-principal The means onginates | The law — enforcer from the mind of the | conceives the commission of the home the child. (People vs. Bandian, 63 Phil, $30, 1936). The severe dizziness and extreme debility of the woman constitute an insuperable cause, Basis: Lack of intent Absolutory Causes ~ are those where the act committed is 2 crime but for reasons of public policy and sentiment, there is no penalty Imposed, Examples of absolutory causes: 1. Spontaneous desistance (Art. 6) 2. Attempted or frustrated light felonies (Art 7 San Beda College of Law 2012 CENTRALIZED BAR OPERATIONS crime and suggests to the accused who adopts the idea and cy keamtes. it into {ye Rexecution. “pfosecution SS ,candibaoquital of «the ee The eee com Pr shade the ingtigation is a indlyidual, not performing” public Pees bath he and the one induved are Senay fiable-for the crime eammitted ihertormer, 2s pial Biante: and thes latter, asf Ke Gt ye direct panigpation R/SCHAPTER THREE CIRCUMSTANCES WHICH MITIGATE CRIMINAL LIABILITY ARTICLE 13 MITIGATING CIRCUMSTANCES, Mitigating Circumstances — those which if present in the commission of the crime, do not entirely free the actor from criminal liability, but serve only to reduce the penalty. + A mitigating circumstance arising from a single fact absorbs all the other mitigating circumstances arising from the same fact, Cony Privileged & fod Subsections 2-10 of] Subsection 1 of Art Ast 13 (RPC), 49 of RPC, aris, 68, 69 and 84 of RPC, Paragraphs 1 and 2 are Privileged | Anicle 64 applies ‘mitigating "under | only when there are Asicle 68 as | two or more ordinary amended by R.A | mitigating ‘9344 and Article 69, | circumstances without: any generic aggravating circumstances If not offset (by a It operates to reduce generic aggravating | the penalty by one or Gircumstance) it will | two degrees, operate to have the penalty imposed at | its minimum. perio, provided the penalty is.a divisible one ‘May be offset” by | Cannot be offset by generic aggravating | a generic circumstance, aggravating circumstance, Par. 1. Incomplete Justifying or exempting circumstances + Applies when all the requisites necessary to justify the act or to exempt from criminal liability are NOT attendant, Provided, mejonity of the requisites are present. + But in the case of ‘incomplete self- defense, defense of relatives, and defense of a stranger’, unlawful aggression must be present, it being an indispensable requisite, + Considered as a _- PRIVILEGED MITIGATING CIRCUMSTANCE and therefore penalty is one or two degrees lower than that provided for by law under Article 69, Par. 2. Over 15 and under 18, if there is liscernment or over 70 years old ‘+ Itis the age of the accused at the time of the commission of the crime which should be determined. His age at the time of the trial is immaterial Legal effects of various ages of offender 1. 18 and below ~ exempting 2. Above 15 but under 18 - exempting unless acted with discemment. But even with discernment, penalty is reduced by one (1) degree lower than that imposed. "(Art 68, par 2, amended by RA 9344) 3, Minor delinquent under 18 years of age who acted with discernment — sentence suspended. (Art. 792, PD 603 as amended by PD 1179, referred to as Children in Contict with the Law under RA 9344) Child in Conflict with the Law — refers to a child who is alleged as, accused of, or adjudged as, having committed | an offense under Philippine laws. 4. 18 years or over ~ full criminal responsibilty. 5. 70 years or over — mitigating, no imposition of death penalty: if already imposed, execution of death penalty is suspended and commuted Basis: Diminution of intelligence Par. 3. No intention to commit so grave a wrong (Praeter Intentionem) Rule for the application: Gan be taken into-account-only when the facts Proven show thdt thére isa "notable and S¥ident disproportion: between. the. means ‘employed to exeaute the criminal act and ts consequences. Witehtion thay be ascertained by consider ty 1: Weapon used e 2:2The part of the body injured SA The injury in| NOkepplicable to fldnles by nSplgence Noteepiicale fo teenies wae ssion is intehatenals a + Not “agpfeeiated “in” murtist“cuatites by treachery. ms San Beva College of Law | 23 2012 CENTRALIZED BAR OPERATIONS,CRIMINAL LAW | Book One ‘© Not appreciated in cases where there is no material harm done. + Intent at the time of the commission of the felony, not during the planning stage, should be considered. Basis: Diminution of intent. Par. 4. Provocation or threat Provocation — any unjust or improper conduct or act of the offended party, capable of exciting, inciting or imitating any one. Requisites: (SOPI) 4. The provocation must be sufficient; + SUFFICIENT means adequate . to excite a person to commit the wrong and must accordingly be proportionate to its gravity. (People vs. Nabora, 73 Phil 434,435, 1941) + Asto whether or not the provocation is sufficient depends upon. a. The act constituting the provocation, b. The social standing of the person provoked, The place and time when the provocation is made, 2. Itmust gnginate from the offended party 3. The ‘provocation must be personal directed to the accused: and 4. That the provocation must be immediate to the act, or the commission of the crime, nd ‘= The threat should not be offensive and positively strong. Otherwise, the threat to inflict real injury is an unlawful aggression, which may give rise to self-defense, ‘The liability of the accused is mitigated only insofar as it concems the harm inflicted upon the person whe made the provocation, but not with regard to the other vicims who did not participate in the provocation. (US v. Malabanan, 9 Phil. 262) Basis: Diminution of intelligence and intent. Bory Requisite of nett oS eae Pears 1 penains to fs] it pertans to ts absence on the part | presence on the part of fof the person | the offended party defending himseit. | (Peopk v. CA, G.R. No 103043, Feb, 23, 2001 Par. 8. Vi Requisites: 1. That there be @ grave offense done to the fone committing the felony, his spouse, ication of grave offense 24 | San Bena College of Law 2012 CENTRALIZED BAR OPERATIONS ascendants, descendants, "legitimate, natural or adopted brothers or sisters or relatives by affinity within the same degrees; 2. That the felony is committed in immediate vindication of such grave offense, + “Immediate” allows for a lapse of time as Jong as the offender is still suffering from the mental agony brought about by the offense to him. + "Grave offense” includes any act that is offensive to the offender or his relatives and the same need not be unlawful + The grave offense must be the proximate cause or proximate to the act of the offender. Provocation et [itis made rect | The grave offense ma J only to the person | be committed also | committing the | against the offender's felony. Felatives mentioned by | law. The cause that | The offended party brought about the | must have done a provocation need | grave offense to the not be a grave | offender or his offense. relatives mentioned by law. Tris necessary that | The vindication of the the provocation or | grave offense may be threat immeciately | proximate, which preceded the act. | admits ' of an INTERVAL of ime. —_| Ts mee spite [It concems the honor against the one | of a person. aving te| | provocation or threat. ____] Factors to determine gravity of offense in vindication: 1. Social standing of the person 2. Place 3. Time wher the insult was made Baie: _Dimirign, of, {he condtons” or vélucteriness Par. 6:’Passion or obfuscation Requieies: “That there Be an) act, both unlaivful and suftbient to" erodes such-2 carstion of ‘ming 2. Thats Which! produted the eat was nd¥tatremoyedsrom the ContshiSsion ofthe crime. by @eonsiderable lengitt of ime, dung nich the perpetraisrmight “repGver"-his normal equaniiggane ccs = F k hn3. The act causing such obfuscation was committed by the victim himself. ‘+A mitigating circumstance only when the same arises from lawful sentiments, + May lawfully arise from causes existing only in the honest belief of the offender. + The act of the offended party must be Unlawful or unjust, Exercise of @ right or fulfilment of duty is not @ proper source of Passion and obfuscation + This mitigating circumstance may be appreciated even if the reported act causing the obfuscation was not true, as ong as it was honestly and reasonably believed by the accused to be true, (People vs. Guhiting, 88 Phil. 672) Mitigating Cuter The accused acted | The act is committed in upon an impuite, 28 spilt of lawlessness. | The imnputse must Be so] The act is commited ir powerful that it naturally | a spirt of revenge. Produced passion or Loptuscation in him. | See a kas ate [Produced by any The -proveraton Jmpulse which may be | comes from the injured ‘caused by provocation, | party Provocation Offense need not be | Must immediately immediate, It is only | precede the Tequired "that the | commission of the influence thereof lasts | crime. Until the moment the | crime is committe. TF obfuscation jocalion arose fem one pra and the same act, both shall be treated as only fone mitigating circumstance, Passion/Obfuscation irresistible Force is a mitgaing | it isan -exemping circumstance, circumstance Cannot give rise to | Requires physical imesistible force as it | force, doesnot involve physical force Passion or obfuscation | Must come from a Tira is in the offender | person himselt. ‘Must arise Worn lawl | Te unlawful sentiments, Passion and obfuscation CANNOT co-exist with: (VET) 4. Vindication of grave offense 2, Treachery 3. Evident premeditation AC Me Ua Ve Ng Basis: Diminution of intelligence of intent. Par. 7. Surrender and confession of guilt ‘Two mitigating circumstances: 1. Voluntary “surrender to @ person in authority or his agents. 2. Voluntary confession of guilt before the Court prior to the presentation of evidence for the prosecution + If both are present, there will be two Independent ordinary mitigating circumstances, Requisites of voluntary surrender: (NSV) 1, That the offender had Not been actually arrested, 2. That the offender Surrendered himself to @ Berson in authority or to the latter's agent and 3. That the surrender was Voluntary + Person in authority ~ one directiy vested with jurisdiction which is the Power to govern and to execute the laws, whether as an individual or as 2 member of some court or governmental corporation, board or commission. + Agent of a person in authority ~ one who by direct provision of the law or by election or by appointment by competent authority, is charged with the maintenance of public order and the protection and security of life and property and any person who comes to the aid of persons in authority. (Art 152, as amended by RA 1978) When surrender is voluntary + Must be spontaneous + Intent of the accused to submit himsett unconditionally to the authorities must be elther because. 2. He acknowledges-his quilt, or b. Hel wisheS to’ gave:them the trouble and expense ‘necestaniy incurred: in “(his sedroh Bhd capture i + ile tcanauct ofthe caceusen detatirines spontaneity ot the arrest. + Inténtidn to! surrender. without siffenderingjsinot mitigating + Nobmitlgating When defendant was.in fact arrested, i + INigitiot feauired that-te, be fapptetiated, it besfflor to the isduareB "bt a.warrant of arrests (People vs" tufalba, GIR. No. L- 2949 Feb, 28, 1978)" 6 + Surretitén of weapons ‘tanfit’be equated with volittdey surrender = San Beda College of Kaw | 25 2012 CENTRALIZED BAR OPERATIONSINAL LAW | Book One Requisites of voluntary plea of guilty: (SOPO) 1. That the offender spontaneously confessed his guilt That the confession of guilt was made in ‘pen court, that is, before the competent Court that is to try the case, 3. That the confession of guilt was made rior to the presentation of evidence for the prosecution; and 4. That the confession of guilt was to the ‘offense charged in the information = Plea of guilty is not mitigating in culpable. felonies and in crimes punished by special laws, | Where in the original information the accused pleaded not guilty, but he pleaded guilty to the amended information, it is considered a voluntary plea of guilty and considered a mitigating circumstance. (People vs. Ortiz, G.R. No, L-19585, Nov. 29, 1965) Basis: Lesser perversity of the offender. Par. 8. Physical defect of offender + When the offender is deat and dumb, blind or otherwise suffering from some physical defect, restricting his means of action, defense or communication with others. + The physical defect must relate to the offense committed Eg. blindness does not mitigate estafa = "Dumb” - lacking the power of human speech + This paragraph does not distinguish between the educated and uneducated person with physical defect, Basis: Diminution of freedom of action, therefore diminution of voluntariness, Par. 9. Iliness of the offender Requisites: 1. That the illness of the offender must diminish the exercise of his will-power, and. 2. That such lines should not deprive the offender of consciousness of his acts, ‘= Includes iliness of the mind not amounting to insanity. Basis: Diminution of intelligence and intent 26 | San Beda College of Law 2012 CENTRALIZED BAR OPERATIONS. Par. 10. Similar or Analogous. Circumstances Examples: 1 "Impulse of jealousy, similar topassion and obfuscation. 2. Manifestations of + Battered wife Syndrome, analogous to an linoss that diminishes the exercise of will power. 3. Over 80 years old with failing sight, similar to over 70 years of age under par. 2. 4. The act of the accused leading the law ‘enforcers to the place where he buried the instruments he used to commit the cime is similar to voluntary surrender. 5. Extreme poverty, as similar to a state of necessity, which may apply to crimes against property but not of violence, such as murder. 6. Outraged feeling of unpaid creditor, as akin to vindication or obfuscation, 7. Appeal to the espnt de corps of the accused, as analogous to passion 8. Warlime state of confusion resulting in. illegal possession of firearm after the liberation, as being similar to lack of intent to commit so grave a wrong, 9. Voluntary return of funds malversed by the accused, as equivalent to voluntary surrender, 10. Testifying for the prosecution without being discharged from the information, as being like a plea of guilty. Circumstances which are _ neither exempting nor mitigating: + Mistake in the blow or aberratio ictus Mistake in the identity Entrapment Accused is over 18 years of age Performance of righteous action Specific Mitigating Circumstances 1 legal detention {voluntary.release within 3 days, without attaining: purpose; before criminal action) 7 2Aultery (abanddniniGht of spouse) 3. Hence, even though in the inception of the aggression which ended in the death of the deceased, treachery was not present, f there was a breakin the continuity of the aggression and at the time of the fatal wound was inflicted on the deceased he was defenseless, the circumstance of treachery must be taken into account. Alevosia should be considered even if: 1 Reason for the rule: it The victim was not predetermined but there was a genetic intent to treacherously kill any first two persons belonging to a class, (The same rule oblains for evident premeditation) There was aberratio ictus and the bullet hit a person different from that intended ‘There was error in personae, hence the victim was not the one intended by the accused nen there is treachery, is impossible for either the intended victim or the actual victim to defend himself against the aggression Treachery absorbs (CAN-ACE) Craft Abuse of superior strength Nighttime Aid of armed men ‘Cuadrila (“band”) Employing means to weaken the defense Treachery cannot. co-exist with passion or obfuscation (People. vs. Pansensoy, GR No: 140634, Sept. 12. 2002) Par.-17. That: means be employed or circumstances brought about: which add ignominy to the natural effects of the act. Basis: Means employed victim defenseless before the commission Ignominy:— a circumstance pertaining to the of the. crime, or to eliminate the risk of ‘moral ofdlér, which adds disgrace’ and obloquy defense on the part of the offended party. to the matertal injury caused by thé crime San Beda College of Law | 37 2012 CENTRALIZED BAR OPERATIONS,Note: This is inherent in libel and acts of lasciviousness Meaning of “which add ignominy to the natural effects thereof” + The means employed or the circumstances brought about must tend to make the effects of the crime more humiliating to victim or to put the offended Party to shame, or add to his moral suffering People’ vs. Carmina, GR. No 81404, January 28, 1991) + Injured party must not be dead when the act causing ignominy was inflicted to him Applicable to 1. Crimes against chastity, 2. Less serious physical injuries, 3. Light or grave coercion, and 4. Murder, Par. 18. That the crime be committed after an unlawful entry. Basis: Means and ways employed to commit the crime Unlawful entry — when an entrance (and not for escape) is effected by a way not intended for the purpose. Reason for aggravation: ‘One who acts, not respecting the walls erected by men to guard their property and provide for their personal safely, shows a greater perversity, a greater audacity; nence, the law Punishes him with more severity Unlawful entry is inherent in: 1. Robbery with the use of force upon things; 2. Trespass to dwelling Par. 18. That as a means to the commission of a crime, a (WaRooFDoW) Walt, Roof, Eloor, Boor, or Window be broken. papers Basis: Means and ways employed to commit the crime + This circumstance is aggravating only in those cases where the offender resorted to any of said means to enter the house, Itinvolves the breaking | Presupposes that (rompimiento) of the | there is no such enumerated parts of | breaking as oy entry the house, through the window 38 | San Beva College of Law 2012 CENTRALIZED BAR OPERATIONS + If the offender broke a window to enable himseif to reach a purse with money on the table near that window, which he took while his body was outside of the building, the crime of theft was attended by this aggravating circumstance. It is not necessary that the offender should have entered the building Par. 20. That the crime be committe is the aid of persons under fifteen years of age, or 2. by means of motor vehicles, airships, or other similar means, Basis: Means and ways employed to commit the crime ‘Two different circumstances grouped in this paragraph: 1. With the aid of persons under fifteen years of age + Tends to repress, so far as possible, the frequent practice resorted to by professional “criminals to avail themselves of minors taking advantage of their irresponsibility, 2. By means of motor vehicies, airships, or other similar means, + Intended to counteract the great facilties found by modern criminals in said means to commit crime and flee and abscond once the same is committed. +) Use of motor vehicle is aggravating where the accused purposely and deliberately used the motor vehicie ir a. going to the place of the crime, b. carrying away the effects thereof and ©. infacilitating their escape Meaning of “or other similar. means” Should be understood as referring to ‘Motorized vehicles or other efficient means of transportation similar to “automobile or airplane. Par. 21. That) the wrong done in the commission of ‘the crime be deliberately augmented by causing other wrong not necessary for its commission. ‘Ways employed to cartmit ihe crime Cruelty’ there is cruelty sinen the culprit enjoys and delights ii making his vicim suffer slowy ond gradually; Causiig. unnecessaryBook One | CRIMINAL LAW. physical pain in the consummation of the @s an aggravating Criminal act. cioumstanee ce Requisites of cruelty: Ladle (Sec. 3) when a . 1. That the injury caused be deliberately RAMMING Es] person commits any increased by causing other wrong cam csermte 2, That the offer wrong be unnecessary for coe the execution of the purpose of the ene ofender erposives mcaing Dat not Wmted to | Cruety is inherent in: piltor motor . » Crimes against persons ‘cocktail bombs, Siu Genetation ‘agents / oo pcamary Sovices renuting t + There must be positive proof that the eeameae : wounds found on the body of the victim on Were inflicted while he was sil alive in : eee order to unnecessarily prolong. physical Tis maxima penal Sutering ee eee sna be mposed ine * Number of wounds alone does not show (eat aa! offense was committed cruelty, it being necessary to show that the (Rampton by any person who accused deliberately and inhumanly i : pecngs meen eta increased the sufferings of the vicims organtzndyncieates : (People v. Aguinalco, 55 Phi 610, 615. 516) izedlsyndicated crime group - mean: * If the victim was already dead when the pease icles Sea ans a group of two or more persons collaborating, confederating or mutually helping one another for the purposes of gain in the commission of due to outraging of his corpse. But since a ¢ ° any crime. (Art. 23, R.A, 7659) : the victim is already dead, cruelty cannot Specific aggravating Circumstances be appreciated in this case, 1. Violation of domicile (nighttime; papers and effects not returned immediately) 2. Interruption of religious worship (violence or threats) Direct assault (weapon, offender is a public officer or employee, offender lays acts of mutilation were being performed, P this would also qualify the killing to murder Pe Involves ‘moral suffering Sma) Refers to physical suffering a + Unlike mitigating circumstances (par 10, hands upon & person in authority) An. 13), there is no provison for 4 Grave. threats in. wating. thu a 2agravating crcumstances of @ similar br middleman) analogous character. 5. Slavery 8 Robbery with violence against _ or Other Aggravating Circumstances Under Intimidation of persans (uninhabited place Special Penal Laws Bana) EXCEPT. robbery with homicide of E robbery win rape Wiss —aime—s] 7), Robbely with. foros upon things 3 commited “by” an (ninhabited place and by abana) : orfoncer who ie under one fe ines at : ITC congecus sugs, sun cere {5 E: kere ets aa be “ALTERNATIVE CIRCUMSTANCES : Considered 3s sina | Alternative Clrcustances. = those. which oes must Be taken info consideration os Gee Gear] aggravating, or miigating according. To the fromcige of murcer | nature and effects of tha crime, and the other is "commited wth | Concitans attending its corrniseion fre ue ohm ; : unicensed firearm, |The alternative circumstances aie: (RID) : Sucrose ofan | yneylia ntcensed fream | — } Belaly shall_be consid San Beda College of Law | 39 2012 CENTRALIZED BAR OPERATIONSces Nel 3. Degree of instruction and education of the offender. Relationship The alternative circumstance of relationship shall be taken into consideration when the offended party is the - (SADBroSA) 1. Spouse, 2. Ascendant, 3. Descendant, 4. Legitimate, natural, or adopted brother or sister, or 5, Relative by affinity in the same degree of the offender. Other relatives included: 1. The relationship of _ stepfather or stepmother and stepson or stepdaughter. Reason: It is the duty of the stepparents to bestow upon their stepchildren a mother'sfather’s affection, care and protection, 2. The relationship of adopted parent and adopted child. Adoption refers only to brothers or sisters but not to the adopting parents + But the relationship of uncle and niece is ot covered by any of the relationship mentioned, Relationship is mitigating in the following 1. In erimes against property, as a rule, relationship is mitigating, by analogy to the provisions of Art. 332. ‘+ Thus, relationship is mitigating in the crimes of robbery (Arts, 294-302) usurpation (Art. 312), fraudulent insolvency (Art. 314) and arson. (Arts. 321-322, 325-326) + Relationship is exempting in the crimes of theft, estafa, and malicious mischief. (Art, 332) 2. Inerimes against persons + In-cases where the offense commitied is less serious physical injunes or slight physical injuries, mitigating if the offended party is a relative of a lower degree; and aggravating if the offended party is a relative of a higher degree of the offender. Relationship is aggravating in the following cases: 1. Incrimes against persons a, It is aggravating where the offended party is 2 relative of 40 | San Beda College of Law 2012 CENTRALIZED BAR OPERATIONS. 1, A_ higher degree than the offender; or li, When the offender and the offended party are relatives of the same leve. (e.g. Brothers) b. in physical injuries: i. tis aggravating when the crime against’ persons is serious physical injuries (Art. 263), even if the offended party is a descendant of the offender. But the serious physical injuries must nat be inflicted by a parent upon his child by excessive cchastisement, ji, It is aggravating when the offense committed is /ess serious physical injuries or sight physical Injuries, if the offended party is a relative of a higher degree of the ottender. When the crime is homicide or murder, relationship is aggravating even if the victim of the cime is a relative of a lower degree. d. In rape, relationship is aggravating where a stepfather raped his stepdaughter or in a case where a father raped his own daughter. In crimes against chastity, like acts of lasciviousness (Art. 336), relationship is always aggravating, regardless of whether the offender is a relative of a higher or lower degree of the offended party. = When the qualification given to the crime is derived from the relationship between the offender and the offended party, it is neither mitigating nor aggravating, because it is inseparable from and inherent in the offense. (0.9, pamicide, adultery and concubinage), When intoxication’ mitigating and, when aggravating: Cur TT intoxigation. 1s) not habitual’ Tf intoxication Ta) nt subséquent to the plan | to commit a felony COT intoxication is Habitual, or itt 18 iatentona’| (subsequent t0 the plan | to commit a felony) - dainks fully, Knowing its ‘éffects)! to. find a stimulant to” commit a = suffocata any remorseTo be entitled to the mitigating circumstance of intoxication, it must be shown: 1, That at the time of the commission of the criminal act, the accused has taken such uantity of alcoholic drinks as to blur his reason and deprive him of a certain degree of control; and 2, That such intoxication is not habitual, or subsequent to the plan to commit the felony Habitual Drunkard ~ one given to intoxication by excessive use of intoxicating drinks + To be mitigating, the accused's state of intoxication must be proved. Once intoxication is established by satisfactory evidence, in the absence of proof to the contrary, it is presumed to be non- habitual or unintentional Instruction or Education + As an altemative circumstance, does not refer only to literacy but more to the level of intelligence of the accused + Refers to the lack of sufficient intelligence and knowledge of the full significance of one’s acts + Low degree of instruction and education or lack of it is generally mitigating. High degree of instruction and education is aggravating, when the offender took advantage of his leaming in committing the crime, General Rule: Lack of sufficient education is mitigating Exceptions: (PCTMR) 1. Crimes “against properly: (e.g. arson, estata, theft, robbery) 2. Crimes against chastity; 3, Treason — because love of country should be a natural feeling of every citizen, however unlettered or uncultured he may be 4. Murder; and 5. Rape. (IMalesa v. Director of Prisons, 59 Phil. 406, 408) TITLE TWO: PERSONS CRIMINALLY LIABLE FOR FELONIES ARTICLE 16 WHO ARE CRIMINALLY LIABLE For grave and less grave felonies: 1. Principals 2 3 For! 2 Ee AWN Vin 0\y Accomplices Accessories: light felonies: Principals ‘Accomplices Punishable ONLY WHEN consummated Accessories are NOT liable for light felonies. Reason: In the commission of light felonies, the social wrong as well as the individual prejudice is so small that penal sanction is deemed not necessary for accessories, The classification of the offenders as Principal, accomplice, or an accessory is essential under" the RPC. The Classification may be applied to special laws only if the latter provides for the same graduated penalties as those provided Under the RPC. ‘Two parties in all crimes: 1 Active subject (the criminal) + Art. 16 enumerates the active subjects of the crime, + Only natural persons can be the active subject of crime because of the highly Personal nature of the criminal responsibilty, Reasons: a. Under the RPC, persons act with personal malice or negligence, artificial persons cannot act with malice or negligence. b. A juridical person ike a corporation cannot commit 2 crime that requires willful purpose or malicious intent ©. There is substitution of deprivation of liberty for pecuniary penatties in insolvency cases. d. Other penalties like: dastiono and imprisonment are executed on Individuals only 2. Passive subject (the injured party) The holder of the injured ight. the man. the jursie person, the Group andthe State + Gorporation anc parinershio tan be a passive subject of ane “Gorpses and’ sarimalsGannot be Passive. subjecte-Docauss they have Se ghta that may be igisted San Beda College af Law | 47 2012 CENTRALIZED BAR OPERATIONS,Exception: Under Art. 253, the crime of defamation may be committed if the Imputation tends to. blacken the memory of one who is dead + This article applies only when the offenders are to be judged by their individual, and not collective, liability. ARTICLE 17 PRINCIPALS, Principal by |" Principal by: armen ss To rt “Those who take | Those who a direct part in | directly force the execution of | or induce the act ethers to commit it | Par. 1. Principals by direct participation Those who cooperate in the commission of, the offense by another act without which it ‘would nat have een accomplished Requisites: ‘That they participated in the criminal resolution; and 2. That they carried out their plan and personally took part in its execution by acts which directly tended to the same end. + When the second requisite is lacking, there is only conspiracy. In conspiracy by prior agreement, the principal by direct participation who does not appear at the scene of the crime is NOT liable because. 4 His non-appearance Is deemed desistance Which is favored and encouraged. 2. Conspiracy Is generally not a crime unless the law specifically provides a penalty therefor (Art 8) Thus, by _ merely conspiring, the would be participator has not yet committed any crime unless he would appear at the scene of the crime land perform any act directly or indirectly in the accomplishment of the conspiracy ‘There is no basis for criminal liability because there is no criminal participation, Meaning of “personally took part in its execution” ‘That the principal by direct participation must be at the scene of the commission of the crime, personally taking part in its execution except when there is conspiracy and the principal by direct participation has already 42| San Beda College of Law 2012 CENTRALIZED BAR OPERATIONS performed his part prior to the actual ‘commission of the crme. Par. 2, Principals by induction Requisites: "That the inducement be made directly with the intention of procuring the commission of the crime; and 2. That such inducement be the determining cause of the commission of the crime by the material executor. = One cannot be held guilty of having instigated the commission of the crime without first being shown that the crime was actually committed (or attempted) by another. Thus, there can be NO principal by inducement (or by _ indispensable cooperation) unless there is a principal by direct participation. But there can be a principal by direct participation without a principal by inducement (or by indispensable cooperation). ‘+ The inducement must be the determining cause of the commission of the crime by the principal by direct participation, that is without such inducement, the crime would not have been committed, ‘+The inducement must precede the act and must be So influential, hence if there is a price or reward involved, without prior promise, there can be no inducement. + ifthe crime committed is not contemplated in the order given, inducement is not material and not the determining cause thereof, Two ways of becoming principal by induction: 4. By directly forcing another to commit a crime by: a. Using irresisti te farce. Irresistible Force’ = such physical force as would-produce anveffect upon the-individual that inspite: of all ‘resistance, it reduces him ta a mere instrument b, Causing uncontrollable fear: UncontrollableiFear=/campulsion by means of intimidation of threat that “promises an evil-of such!oravity and “etminence.that the ofdinary.man would have’. succumbed to\it” (U.S. vs. Elicanal-35 Phil 209, 242, 273, 1916)* In these cases, there is no Conspiracy, not even a unity of criminal purpose and intention Only the one using the force or causing the fear is criminally liable. The material executor is not criminally liable because of Art 12, pars. 5 and 6 (exempting circumstances) By directly inducing another to commit acrime by: @ Giving of price, or offering of reward or promise. ‘The one giving the price or offering the reward or promise is @ principal by inducement while the one committing the crime in consideration thereof is a principal by direct participation. There Is collective criminal responsibilty. Using words of command ‘The person who used the words of command is a principal by inducement while the person who committed the crime because of the words of command is a principal by direct Participation. There is also collective criminal responsibilty Requisites: 1. That the one uttering the words of command must have the intention Of procuring the commission of the crime; 2. That the one who made the command must have an ascendancy or influence over the person who acted: 3. That the words used must be so direct, so efficacious, so powerful as to amount to physical or moral coercion, 4. The words of command must be uttered prior to the commission of the crime; and 5. The material executor of the crime has no personal reason to commit the crime, ‘The inducement must precede the act induced and must be so influential in producing the criminal act that without it the act would not have been perfortned. If the person who actually committed the crime had reason of his own to commit the crime, it. cannot be said that the inducement was influential in producing the criminal act. Becomes lable | The mere proposal | only when the | commit a felony is crime is committed | punishable in treason or by the principal by | rebelion. However, the direct participation. | person to whom the proposal is made should ot commit the came, othenwise, the proponent becomes a principal by inducement The proposal {0 -be Punishable must involve ‘only treason, —rebelion, insurrection or coup d etat (TRIG) Effects of acquittal of principal by direct Participation upon liability of principal by inducement: 1. Conspiracy is negated by the acquittal of co-defendant, 2. One cannot be held guilty of having instigated the commission of a crime without first being shown that the crime has been actually committed by another * But if the one charged as principal by direct participation is acquitted because he acted without criminal intent or malice, his acquittal is not a ground for the acquittal of the principal by inducement Reason for the rule: In exempting circumstances, such as when the act is not voluntary because of lack of intent on the part of the accused, there is @ crime committed, only that the accused is not a criminal Par, 3. Principal by. indispensable cooperation Requisites: 4. Participation in thé criminal resolution, that is, there Js either anterior conspiracy or Unity of eriminial purpose and. intention immediately before the commission of the crime charged; and ‘+ Requires participation jh the ‘criminal fesolution + There must be conspiracy. + Concurrence is sufficient + Cooperation is indispensable San Weda College of Law | 43 2012 CENTRALIZED BAR OPERATIONSCRIMINAL LAW | Book One 2. Cooperation in the commission of the offense by performing another act, without which it would not have been accomplished, + Cooperation must be indispensable + If dispensable, accused is only an accomplice + IF cooperation is necessary in the execution of the offense, accused is considered as a principal by direct participation. Meaning of “cooperation in the commission of the offense” - to desire oF wish in common a thing, But that common will or purpose does not necessarily mean previous understanding, for it can be explained sd from the circumstances of each Collective Criminal Responsibility + This is present when the offenders are criminally liable in the same manner and to the same extent. The penalty to be imposed must be the same for all + Principals by direct participation have collective criminal responsibilty. Principals by induction, except those who directly forced another to commit 2 crime, and principals by direct participation ‘have Collective criminal responsibilty. Principals by indispensable cooperation have collective criminal responsibilities with the principals by direct participation, Individual Criminal Responsibility + In the absence of any previous conspiracy, unity of criminal purpose and intention immediately before the commission of the crime, or community of criminal design, the criminal responsibility arising from different acts directed against one and the same person is individual and not collective, and each of the participants is lable only for the act committed by him. ARTICLE 18 ACCOMPLICES Accomplices ~ are persons who, not acting as principals, cooperate in the execution of the offense by previous and simultaneous acts, which are not indispensable to the commission of the crime. They act as mere instruments who perform acts not essential to the perpetration of the offense, 44| San Beda College of Law 2012 CENTRALIZED BAR OPERATIONS Requisites: 1. That there be community of design; that is, knowing the criminal design of the principal by direct participation, he concurs with the latter's purpose; * Mere knowedge of the criminal resolution only and not concurrence or patticipation. 2. That he cooperates in the execution of the offense by previcus or simultaneous acts, with the intention of supplying material or moral aid in the execution of the crime in an efficacious way; and 3. That there be a relation between the acts done by the principal and those attributed to the person charged as an accomplice + Before there could be an accomplice, there must be a principal by direct Participation ‘= One can be an accomplice even if he did ot know of the actual specific crime intended to be committed by the principal, provided he was aware that the objective of the acts he was tasked to do was illicit. + The person charged as an accomplice ‘should not have inflicted a mortal wound. If he inflicted a mortal wound, ne becomes a principal by direct participation. + In case of doubt, the participation of the offender will be’ considered that of an accomplice rather than that of @ principal rot EI in both they know and agree wilh the cimina design ‘They some To know | They comme To know about “it after the | the criminal intention Principals have reached | because they the decition, and only | themselves have then do they agree 10 | decided upon such cooperate in’ is | course of action. fxecuton They are_—piarelyiy Theysare the authors iggiruments|who perform:| of aerime Sas pot estentiar@ the [oo 4 Perpetration BF. ine fan 2 oy Indispensable So ‘Cooperation! must ba | Cooperation s inaispetisable. «| dispensable.Lika ua Oud UNIAN eu Two classes of accessories contemplated in par. 3 of Art. 19; 1. Public officers who harbor, conceal or assist in the escape of the principal of any crime (not light felony) with abuse of his public functions, execution ofthe offense by previous or [anterior conspiracy or | simultaneous acts, with | Unity of criminal | the intention of urpose and intention | supplying material or immediately before the | moral aid in the commission of the | execution of the crime time charged in an efficacious way “the | Cooperates in th E] is either Requisites 1 ARTICLE 19 ACCESSORIES Accessories ~ are those who Having knovdedge of the commission of the crime; and By harboring, concealing, or assisting in the escape of the principal of the crime, provided the accessory acts with abuse of his public functions or whenever the author of the erime is Quilty Of treason, parricide, murder, or an Attempt to take the life of the Chief Executive, or is known to be habitually guilty of some other eae. a. The accessory is a public officer b. He harbors, conceals, or assists in the escape of the principal ©The public officer acts with abuse of his public functions: and d. The crime committed by the principal is any crime, provided it is not a light 2. Without having participated therein either felony, 3 princpals oF aocomplens, take. por a subsequent fo its commission in any of the Pavate persons who harbor, conceal or fclowtg ats sus nthe escape of te auinor othe a. By profiting themselves or assisting pana “we ea aoe marae eereri rotting themselves or assis uo or starts gate be eens the atfender to profit by te eects of President or wos noun to be Mesa * In profiting by the effects of the guilty of some other crime. Gime, the aovesuary must resale reauis the property from the principal. He Sees should ‘not take it without the 2 Fhe accessory is @ private person srauld oo ake inal me 8 Heraroors, Concecs or asi othe consent ofthe pina. he tok escape ofthe suhor erie come. ana rena n er sneered The cre commited by te papa Buta pringpalin ne came ofthe ister: (MAP-Han) + Knouledoe ot the commisaon 1 Treason the crime after acquisition of iit fuden Stolen property is sufficient iv. An attempt against the life of the President o ©. By concealing or destroying the bo, afleds or intuments of the ene ale pencea Js known to be prover ts isvery hadi 800) of the crime is equivalent to + Where the alleged principal is acquitted, conn ce ae so is neither proper nor possible to convict —— the defendant oo ah acoeasons agnetecnne ee ‘Saponsoiiy of ie acco Tre fact that Subordinate to that of tre prcipal ina ii, The participation of the offender in bias tho commission othe chm ° a ne ie HOWEVER; conviction of an accessoty is : Possible, notwithstanding the. acquittal of the principal if the crime was. in fact Sommitted, But the principal was not held liable," pécause “of an. exempting Giréuimstance (Art 12), such as insanity or minority, Neither the letter nor the spint-of the law requites that the principal bs convicted before. one may “be” punisied’ as an accessory. As long as the corpus delicti is, proved. and, the accessory's participation as such. 18. shown, he:.ean be. hid San Beda College of Law | 45 2012 CENTRALIZED BAR OPERATIONSCRIMINAL LAW | Book Oi criminally responsible and meted out the corresponding penalty (Inovero vs. Coronel, CA, 65 0.6. 3160) + The prescribed acts of the accessory under par. 2 must have been intended to prevent the discovery of the crime; hence, mere silence is NOT punishable. Exceptions: a tf, however, the crime involved is conspiracy to commit treason, his silence may hold him liable for misprision of treason (Art. 116) but as a principal thereof. b.. Knowingly concealing the evil practices enumerated in Art. 142 is also punishable as a principal in Inciting to Sedition (Art. 142), + Where the accused misleads the authorities by giving them false information, such act is equivalent to concealment and he should be held as an accessory. PRESIDENTIAL DECREE 1612 ANTI-FENCING LAW OF 1979 Fencing - an act, with intent to gain, of buying, selling, receiving, possessing, keeping, or in any other manner dealing in anything of value which a person knows or should have known to be derived from the proceeds of the crime of robbery or theft Fence — a person who commits the act of fencing. A fence wno receives stolen property as above-provided is not an accessory but 2 principal in the crime defined in and punished by the Anti-Fencing Law. + Mere possession of anything of value which has been the subject of robbery or theft shall be prima facie evidence of fencing PENALIZING OBSTRUCTION OF APPREHENSION AND PROSECUTION OF CRIMINAL OFFENDERS PRESIDENTIAL DECREE 1829 P.D. 1829 penalizes the act of any person who knowingly or willfully obstructs, impedes, frustrates or delays the apprehension of suspects and the investigation and prosecution of criminal cases, + The acts enumerated under this decree are commonly referred to. as San Bea College of Law 2012 CENTRALIZED BAR OPERATIONS “OBSTRUCTION OF JUSTICE.” it penalizes, inter alia, the act of harboring or ‘concealing, or facilitating the escape of any person he knows or has reasonable ground to believe or suspect, has committed any offense under existing penal laws in order to prevent his arrest, prosecution and conviction. Here, he shall be punished as a principal in the cnme of ‘obstruction of justice. OREO ‘The principal wno was | The person who was. assisted commited only | assisted committed any ‘any of the enumerated | crime. felonies(MAPHaT) unless the accessory is ‘2 public officer who acts with abuse of public functions. ‘The crime committed by | The enme commited by the. principal must be | the principal is. under the RPC. punishable under any existing penal law, Including the RPC. The person who gave [The person who gave assistance is punished | assistance Is punished 5 an accessory in the | as @ principal in the offense committed by | crime of obstruction of the principal justice. Note: For further discussion on PD 1829, see section on Special Penal Laws. ARTICLE 20 ACCESSORIES WHO ARE EXEMPT FROM CRIMINAL LIABLITY The exemption provided for in this article is based on the ties of blood and the preservation of the cleanliness of one's name, which compels one to conceal crimes committed by relatives so near as those mentioned in this article An accessory-.js~exempt from criminal bility when the principal ls his ‘Spouse, or a =A ndant, or = gecendant, OSE OF Lav 4 pegimate natu or -adoptee I O Faldye by anny within e’same Bese! / At 4} accaisay| Is NOT exempt from Tiabikgreven ais waotiin t Seteas/BS Hi ere ipa iin Pag hsicongrs a oy the onegapecne. YReason: Because such acts are prompted not by affection but by a detestable greed ‘+The public officer contemplated in par. 3 of Art. 19 is exempt by reason of relationship to the principal, even if such public officer acted with abuse of his official functions, Reason: Ties of blood or relationship constitutes a more powerful incentive than the call of duty Note: The benefits of the exception in Art. 20 do not apply to PD 1829. PENALTIES CHAPTER ONE: PENALTIES IN GENERAL (ARTS, 21-24) Penalty — is the suffering that is inflicted by the State for the transgression of the law, Different juridical condi wrcreL) Must be productive of suffering, without however affecting the integrity of the human personality 2. Must be commensurate with the offense — different crimes must be punished with different penalties 3. Must be personal — no one should be punished for the crime of another 4. Must be legal — itis the consequence of a judgment according to law 5. Must be certain ~ no one may escape its effects 8. Must be equal for ali 7. Must be correctional ions of penalty: Purpose of the state in punishing crimes: ‘The State has an existence of its own to maintain, a conscience to assert, and moral principles to be vindicated, Penal justice must therefore be exercised by the State in the service and satisfaction of a duty, and rests primarly on the moral rightfulness of the Punishment inflicted, The basis of the right to punish violations of penal law is the police power of the State, ‘Three-fold purpose of penalty under RPC: 1. Retribution or expiation 2. Correction or reformation 3. Social Defense, (Reyes, 2008, p. 585) Constitutional restriction on penalties: The Constitution directs that ‘excessive fines sh: not be imposed, nor cruel and unusu punishment inflicted. (See. 19/1), Art. 3) ARTICLE 21 PENALTIES THAT MAY BE IMPOSED A felony shall be punishable only by the penalty prescribed by law AT THE TIME OF ITS COMMISSION. Reason: Because a law cannot be rationally obeyed unless it is first shown, and a man cannot be expected to obey an order that has not been given, ARTICLE 22 RETROACTIVE EFFECT OF PENAL LAWS General rule: Penal laws are applied prospectively Exception: When retrospective application will be favorable to the person guilty of a felony, provided that 1. The offender is NOT a habitual criminal (delinquent) under Art. 62(5) 2. The new or amendatory law does NOT provide against. its retrospective application Reason for the exception: The sovereign, in enacting a subsequent penal law more favorable to the accused, has recognized that the greater severity of the former law is unjust Habitual delinquent — a person wno, within Period of ten years from the date of his release fr last conviction of the crimes of serious or less serious physical injures, robbery, theft estafa, oF falsification (FRETSeL), is found Quilty of any said crimes a third time or oftener. Ex post facto law -\ an-act which when ‘committed jwas-not a crime, cannot be made So. by statute,’ without violating the constitutional. inhibition as.to ex.-post facto laws. An é,post facto law is one whi 1. Makes criminal an act done before the passage of the law and which was lanegent when done: 2. Aggravates a crime, of makes it'greater thanit.was, wen committed, 3. Changes the punisiment and ‘inficts a gréater punishment than the: law annexed to the-came when committed Ban Bed College of Law | 47 201.2 CENTRALIZED BAR OPERATIONSCRIMINAL LAW | Book One 4, Alters the legal rules of evidence, and authorizes conviction upon a less or different testimony than the law required at the time of the commission of the offense; 5. Assumes to regulate civil rights and remedies only, in effect imposing a penalty or deprivation of a right for something which when done was lawiul; and 6. Deprives a person accused of @ crime of some lawful protection to which he has become entitled, such as the protection of a former conviction or acquittal, or a proclamation of amnesty, + If retroactive effect of a new law is justified, it shall apply to the defendant even if he is a. Presently on tral for the offense; b. Has already been sentenced but service of which has not begun; or Already serving sentence. » The exception applies to a law dealing with prescription of crime. + The retroactive effect of criminal statutes does not apply to the culprits civil liability, Reason: The rights of offended persons or innocent third parties are not within the git of arbitrary disposal of the State No retroactive effect even when favorable to the accused if the neWlaw is expressly made inapplicable to pending actions or existing causes of action (Tavera v. Valdez, 1 Phil. 468, 1902) + The provisions of Art, 22 are applicable even to special laws which provide more favorable conditions to the accused. Criminal liability under the repealed law subsists: 4. When the provisions of the former law are reenacted; or + The right to punish offenses committed under an old penal law is not extinguished if the offenses are stil punishable in the repealing penal law. 2. When the repeal is by implication; or = When a penal law, which impliedly repealed an old law, is itself repealed, the repeal of the repealing law revives the prior penal law, unless the language of the repealing statute provides otherwise. + If the repeal is absolute, criminal liability is obliterated. 48 | San Beva College of Law 2012 CENTRALIZED BAR OPERATIONS. 3. When there is a saving clause. = When the repeal is absolute, the offense ceases to be criminal. (People v. Tamayo, 61 Phil. 226, 1935) Note: No retroactive effect of penal laws as regards jurisdiction of court, The junsdiction of the court to try a criminal action is to be determined by the law in force at the time of instituting the action, not at the time of the ‘commission of the crime. Jurisdiction of courts in criminal cases is Getermined by the allegations of the complaint or information, and not by the findings the court may make after trial (People v. Romualdo, 87 Phil. 641, 642) ARTICLE 23, EFFECT OF PARDON BY THE OFFENDED PARTY General rule: Pardon by the offended party does NOT extinguish the criminal liability of the offender. Reason: A crime committed is an offense against the State. Only the Chief Executive can pardon the offenders. Note: In criminal cases, the intervention of the aggrieved parties is limited to being witnesses for the prosecution, + Compromise upon the civil ability arising from an offense may be had; but such Compromise shall not extinguish the public action for the imposition of the legal Penalty. (Art. 2034, Civil Code) + A contract stipulating for the renunciation of the right to prosecute an offense or waiving the criminal liability is VOID. (Arts. 1306, 1352,-1409,-Ciml Code) ‘Ekeoption; Pardon by thé otendde par {ggmina “prosecais inthe folowing crimes, OS Law DS « Sh IMPLIED patdop must ven by offended paris BOTH SMaftetiders! Jy im | «Pardon must 'bep agen cesion to Setting) o 2. Sedcl{on, Nets of wlan wate+ EXPRESS pardon given by offended Party or her parents or grandparents or guardian Note: People vs. Lacson ({CA] 55 OG 9460) held that the pardon by the parents, Standing alone, is inefficacious. Too, the express pardon of a person guilty of altempted abduction of a minor, granted by the latter's parents, is not sufficient to Femove criminal responsibilty, but must be accompanied by the express pardon of the girl herself. + Pardon must be given PRIOR to the institution of the criminal action. However, marriage between the offender and the offended party EVEN AFTER the institution of the cnminal action or conviction of the offender wil extinguish the criminal action or remit the penalty already imposed against the "offender, his co-principals, accomplices, and accessories after the fact, Note: Not applicable in rape, where there are two or more principals involved and in case of multiple rape, 4. Rape (as amended by R.A. 8353) ‘The subsequent valid marriage between the offender and the offended party shall extinguish criminal liability or the penalty imposed. In case the legal husband is the offender, subsequent forgiveness by the wife 2s offended party shall also produce the same effect + Pardon by the offended party under Art. 344 is ONLY A BAR to criminal Prosecution; it is NOT a ground for ‘extinguishment of criminal liability, + CIVIL LIABILITY may be extinguished by the EXRESS WAIVER of the offended party. An offense causes 2 classes of injuries: ee Personal injury ‘Caused to the vietim of Produced by the | the eame who suffered disturbance and alarm | damage either to his which are the outcome | person, to his property, of the offense, fo his honor or to her chastiy is sought to be Fopaired through the | Is repaired through | imposition of the | indemnity. corresponding penalty. Book One | CRIMINAL LAW. [The State has an |The Stale has no] interest in this class of | reason to insist in its injury. payment, | The offended pariy cannot pardon the | The offended party offender so as tol may waive | the relieve him of the | indemnity. penalty. | The offended party | cannot pardon "the | The offended party attender "so as to | may waive a felieve him of the | indemnity penaliy ARTICLE 24 MEASURES OF PREVENTION OR SAFETY WHICH ARE NOT CONSIDERED PENALTIES The following are NOT considered as Penalties: 1. The arrest and temporary detention of accused persons, as well as their Getention “by reason of insanity or imbecilty, or illness requiring — their confinement in a hospital 2. The commitment of a minor to any of the institutions mentioned in Art. 80 (now Art. 192, PD No. 603) and for the purposes specified therein 3. Suspension from the employment or public office during the trial or in order to institute proceedings, 4 Fines and other corrective measures which, in the exercise of their administrative or disciplinary powers, superior officials may impose upon their subordinates, 5, Deprivation of rights and the reparations which the civil law may establish in penal form Reasons why they are NOT penalties: 1. ‘They are not imposed as a result of judicial proceedings.-Those mentioned in Paragraphs i, 3 ang, 4” are merely {prevenlive-measures before. conviction.cf lenders, SA 8) 26 Te wffenderiis-not subjected to onifiade {o’Suffer-these-measures if expiation of or Beidunishmeht for a crime : 7 : + Bal;1 dds ihotrefer to the céntinéiment of agilpsahe of imbecile who hag not been aitasjed tor a crime, le refeys ie accused pesos", who are astaihed’ py iteason of Ingaly ccimbeciiysscs) + Patifepns 3 and 4“ster'to demifistraive susheslon ‘and poministrative fines. and not taes\ispension-oF fing ata penalties for violations ofthe REC. /! San Beda College of Law | 49 2012 CENTRALIZED BAR OPERATIONS,CRIMINAL LAW | Book One + The deprivations of rights established in penal form by the civil laws is illustrated in the case of parents who are deprived of their parental authority if found guilty of the ‘crime of corruption of their minor children, in accordance with Art, 332 of the Civil Coae, + Where a minor offender was committed to 2 reformatory pursuant to Art. 60 (now, PD 603}, and while thus detained he commits a crime therein, he cannot be considered a quasi-recidivist since his detention was only a preventive measure, whereas Quasi-recidivism presupposes the commission of a crime during the service of the penalty for a previous crime. CHAPTER TWO: CLASSIFICATION OF PENALTIES (ARTS, 25-26) ARTICLE 25 PENALTIES WHICH MAY BE IMPOSED = The scale in Art, 25 is only a general classification of penalties based on their severity, nature and subject matter. + The scale of penalties in Art 70 is provided for successive service of sentences imposed on the same accused, in consideration of their severity and natures, The scales in Art. 71 are for the purpose of graduating the penalties by degrees in accordance with the rules in Art. 67 Classification of penalties under article 25: A. Based on their severity or gravity Capital, Affictive, Correctional, Light This classification corresponds to the classification of felonies in Art. 9, into grave, less grave and light + aeNe 8. Based on their nature 1. Principal penalties ~ those expressly imposed by the court in the judgment of conviction. May be further classified based on divisibility a. Divisible — are those that have fixed duration and are divisible into three periods. b._Indivisible ~ are those which have no fixed duration, These are: i. Death ji. Reclusién perpetua lil, Perpetual absolute or special disqualification iv. Public censure 50 | San Beda College of Law 2012 CENTRALIZED BAR OPERATIONS 2. Accessory penalties — are those that are deemed included in the principal penalties. . Based on subject mater Corporal (death), 2. Bepivatisn “of freedom (rectusion perpetua and temporal, prision mayor ‘and correcional, arresto mayor and menor) 3. Restriction of freedom (destierr0) 4, Deprivation of rights (disqualification ‘and suspension). 6. Pecuniary (fine), + Perpetual or temporary _absclute disqualification, perpetual or temporary special disqualification, and suspension may be principal or accessory penalties. Examples: Perpetual absolute disqualification is a principal penalty in prevaricacion (Art 204) and perpetual special disqualification, in malversation (Art 217), 2. Temporary absolute disqualification is a principal penalty when the accessory acts with abuse of public functions (Ar, 19[3] and Art. 58) and temporary special disqualification, in direct bribery (Art. 206) 3. Suspension is a principal penalty in rendition of unjust interlocutory orders (Art. 206). ‘+ Bond to keep the peace is imposed only in the crime of threats (Art. 264), either grave (Art, 282) or light (Art. 263). RA No. 9346, ‘AN ACT PROHIBITING THE IMPOSITION OF DEATH PENALTY IN THE PHILIPPINES. Sec. 2 of said law provides: that in lieu of death -pppally the foloding stall bg impoyec “WiThe panalty-of reciusion-pempptua, when “Sithe law Widlated3 mekés use pf: “ndmenciatures: of the Penates he “High seg- Penal Ci 2. The;pehalty lie at ee \Persons| ‘gonwikted 1 ooenes ith reclusiageypebpetus or whose iy will be | rédaest 9) “feclusion senieta ‘reason bf this’ Ack shall not be diate aha ‘en ikt.iosea otherwise known as the Sentence Law, as amended. Indeterminate ARTICLE 26 FINE ~ WHEN AFFLICTIVE, CORRECTIONAL OR LIGHT Fine is: 1. Afflictive - over P6,000,00 2. Correctional ~ P200.00 to P6,000,00 3, Light penalty — less than P200.00 ‘+ Same basis may be applied by analogy to Bond to keep the peace. + This article determines the classification of a fine whether imposed as a single or as an alternative penalty for a crime. + The rule herein does not apply where the fine involved is in a compound penalty, that is, it is imposed in conjunction with another penaity. In this case, the highest penalty ‘shall be made the basis for ‘computing the period for the prescription of crimes (Article 90). ‘+ Where the fine in question is exactly P200, Under Art. 9 it is @ light felony, hence the felony involved is a light felony; whereas under Art, 26, it is a correctional penalty, hence the offense involved is a less grave felony. It has been held that. this discrepancy should be resolved liberally in favor of the accused, hence Art. 9 prevails over Art. 26 (People vs. Yu Hai, 99 Phil 725, 1956) HOWEVER, according to Justice Regalado there is no such discrepancy What is really in issue Is the prescription of the offense vis-a-vis the prescription of the Penalty, the former being the forfeiture of the right of the State fo prosecute the offender and the latter being the loss of its power to enforce the judgment against the conviet, Note: In determining the prescription of crimes, apply Art. 9 (P200 fine is light felony) In determining the prescription of penalty, apply “Art, 26 (P200 fine prescribes in 10 years), CHAPTER THREE: DURATION AND EFFECTS OF PENALTIES (ARTS. 27 = 45) SECTION ONE DURATION OF PENALTIES ARTICLE 27 DURATION OF EACH DIFFERENT PENALTIES Afflictive ‘Reclusion| aor ‘Rechision cor ory re Meets Pere W2yrs and | 6 yrs and 1 day to 12 1 day to| yrs, except when 20ys | disquatincation is "| 20 yrs and 4 day to 40 yrs accessory penalty, in hich case its duration is | that” of the principal | penalty Correctional Prision Ce ‘Arrest cd erry sear ors Co roa and Eetoied ‘© mos, and 1 day to/ the period 4 day to 6 30days | during whicn yrs. the” bond except shall be when effective is suspensi6n discretionary isan fon the cour. accessory Penalty, in which case its duration is that of the Principal penalty, ‘+ Destierro is a principal, correctional and divisible penalty, In what cases is destiorro imposed? 4. Serious physical injunes or death under exceptional circumstances. (Art, 247) 2. In case ot fallure.to give bond for good behavior: (Am284)\ 7 ~ BYoAs a | penalty ~ forthe. concubine, in goneubinage (Art: 334)> 8 4. Sinjoases, where. after scheng the penalty yphe bt mors degrees cowlary ie the Bloor penalty ‘ 2 | 8 \ARTICLe 28 “COMPUTATION OF PENALTIES Rules! ~ 1 the offentier’(@:i9/ pte — the danafign ef temporal Gehalieky daRa69, which the jadomént oy, botciiiés final, San Beda College of Law | 57 2012 CENTRALIZED BAR OPERATIONSCRIMINAL LAW | Book One Reason: Under Art 24, the arrest and temporary detention of the accused is not considered a penalty. + Applies in cases of _ temporary penalties and the offender is under detention (under preventive imprisonment) 2. When the offender Is not in prison ~ the duration of penalties consisting in deprivation of liberty, is from the day that the offender is placed at the disposal of judicial authorities for the enforcement of the penalty + This rule applies in cases of penalties consisting in deprivation of liberty and the offender is nat in prison, 3. The duration of other penalties — the duration is from the day on which the offender commences to serve his sentence. Applies in cases of a Penalties consisting in deprivation of liberty and the offender is undergoing preventive imprisonment; but the offender is entitled to a deduction of full time or 4/5 of the time of his detention. b. Temporary penalties and the offender is not under detention — because the offender is released on bail ARTICLE 29 PERIOD OF PREVENTIVE IMPRISONMENT DEDUCTED FROM TERM OF IMPRISONMENT Preventive imprisonment - period of detention undergone by an accused where the crime with which he is charged is non-bailable fr, even if bailabie, he is unable to post the requis ball ‘These rules on preventive imprisonment apply to all sentences regardless of the duration thereof, including the so-called perpetual penalties as long as they involve deprivation of liberty. It applies to destierro. When is the detention prisoner entitled to the full credit of his preventive imprisonment? If the detention prisoner agrees voluntarily in writing to abide by the same disciplinary rules imposed upon convicted prisoners. When will he be credited only with four- fifths the time during which he has undergone preventive imprisonment? 52| San Beda College of Law 2012 CENTRALIZED BAR OPERATIONS If the detention prisoner does not agree to abide by the same disciplinary rules imposed upon convicted prisoners, In the case of a youthful offender who has been proceeded against under the Child and Youth Welfare Code, he shall be Credited in the service of his sentence with the full time of his actual detention, whether or not he agreed to abide by the ‘same disciplinary rules of the institution. The following offenders are NOT entitled to be credited with the full time or four-fifths of the time of preventive Imprisonment: 1. Recidivists or those convicted previously twice or more times of any crime. 2. Those who, upon being summoned for the execution of their sentence, failed to surrender voluntarily. + Habitual delinquents are included in No. 1 = No. 2 refers to convicts who failed to voluntarily surrender to serve their penalties under a final judgment, since this is indicative of a greater defiance of authority. It does NOT refer to failure or refusal to voluntarily surrender after the commission of the crime. + The accused shall be released immediately whenever he has undergone preventive imprisonment for a period equal to or more than the possible maximum imprisonment for the offense charged ‘SECTION TWO - EFFECTS OF THE PENALTIES ACCORDING TO THEIR RESPECTIVE NATURE. “ARTICLE 30° EFFECTS OF THE PENALTIES OF, PERPETUAL) OR:TEMPORARY:: |” /AQSOLUTE DISQUALIFICATION. Jeprvation jot the public offiges and joymaniy" nich the offender may awa held, even sf conferred By:-popular alggtion. | | Daspivation“of the fight voleein any elestign for any populanyelective-cttice or Sse ie Digguaification for Ube otfigg$.-6r public emi nts.and for tHe, @kérie of any of et mentioned, mit4, Loss of all rights to retirement pay or other Pension for any office formerly held Perpetual absolute disqualification ~ is effective during the lifetime of the convict and even after the service of the sentence. Temporary absolute disqualification — lasts during the term of the sentence, and is removed after the service of the same. Exceptions: 1. Deprivation of the public office or employment; and 2. Loss of all rights to retirement pay or other pension for any office formerly held. * A. plebiscite is NOT mentioned or contemplated in Art. 30, par. 2 (deprivation of the night to vote), hence, the offender may vote in that exercise, subject to the provisions of pertinent election laws at the time, ARTICLE 31 EFFECTS OF THE PENALTIES OF PERPETUAL OR TEMPORARY ‘SPECIAL DISQUALIFICATION 1. Deprivation of the office, employment, profession or calling affectes: 2. Disqualification for holding similar offices ‘or employments either perpetually or during the term of the sentence, according to the extent of such disqualification, ARTICLE 32 EFFECTS OF THE PENALTIES OF PERPETUAL OR TEMPORARY SPECIAL DISQUALIFICATION FOR THE EXERCISE OF THE RIGHT OF SUFFRAGE 1, Deprive the offerider perpetually or during the term of the sentence of: a. The right to vote in any popular election for any public office, or b. Tobe elected to such office, 2. Not be permitted to hold any public office during the period of disqualification. + Disqualification is the withholding of = privilege, not a denial of right - a restriction upon the right of suffrage or 10 hold office, Purpose: To ‘preserve the purity of elections; one rendered infamous by Conviction of felony or other base offenses SL ALC NLS indicative of moral turpitude is unfit to exercise such rights. ARTICLE 33 EFFECTS OF THE PENALTIES OF SUSPENSION FROM ANY PUBLIC OFFICE, PROFESSION, OR CALLING, OR THE RIGHT OF SUFFRAGE 1. Disqualification from holding such office or exercising such right or calling oF right of suffrage during the term of the sentence: 2. If suspended from the public office, the offender cannot hold another office having similar functions during the period of suspension, ARTICLE 34 CIVIL INTERDICTION 4. Deprivation of the rights of parental authority or guardianship of any ward 2. Deprivation of marital authority: 3. Deprivation of the right to manage his Property and of the right to dispose of such property by any act or any conveyance inter vivos. + But he can dispose of such property by wil or donation mortis causa. Civil interdiction is imposed when the penalty is: 4. Death which is not carried out, 2. Reclusién perpetua,or 3. Reclusién temporal ARTICLE 35 EFFECTS OF BOND TO KEEP THE PEACE 1. The offender must present two sufficient sureties who shall undertake that the offender will not commit. the offense sought to be prevented, and that in case such offense-be-committed they will pay the amsunt datermined By thé Gourt; or JThe offender-must:deposit.such amount “Aulth the Clack bt Cote gquaranted Séid 3 3 rare iby "Ge aeod eS vefine Bond, for a petad-not to pipet prosecuted case rosy, (or for aipettée not to Reged 20 days, iffor alight fon. . Seto keep the ‘babbrig afferent trom valgens whicheiscJposted efor the fanah release oa/ pars ‘arested mee fecused of b crime. e 7 7 + impostiae.a pentty goa ‘art 284) San Beda College of Law | 53 2012 CENTRALIZED BAR OPERATIONS,‘CRIMINAL LAW | Book On ARTICLE 36 PARDON; ITS EFFECTS Etects of pardon by the president: ‘A pardon shall not restore the right to hold public office or the right of suffrage Exception: When any or both such rights is/are expressly restored by the terms of the pardon, It shall not exempt the culprit from the payment of the civil liability Limitations upon the exercise of the pardoning power: ‘That the power can be exercised only after conviction *by final judgment” 2. That such power does not extend to cases of impeachment; 3. No pardon, amnesty, parole or suspension ‘of sentence for violation of election laws, rules, and regulations shall be granted by the President without the "favorable recommendation of the COMELEC. General Rule: When the principal penalty is remitted by pardon, only the effect of that principal penalty is extinguished, but not the accessory penalties attached to it Exception: When an absolute pardon is granted after the term of imprisonment has expired, it removes what is left of the consequences of conviction. fone kas eeu ra ‘As to the crime covered Can_extend to any | Applies only to crimes, crime, ‘unless | against chastity under otherwise provided by | the RPC and mantal fF subject to conditions | rape. in the Constitution or the laws, IT Cannot affect the civil | The offended party can liability ex delcto of the | waive the civ liabilty offender. ‘As fo-extinguishment of criminal liability Exinguishes criminal | Does NOT exlinguish lability criminal liability. ete Seer) ‘Although it may Constitute a bar to the prosecution of the offender in. seduction, abduction and acts of | lasciviousness by the valid marriage of the San Beda College of Law 2012 CENTRALIZED BAR OPERATIONS victim andthe offender, and ‘adultery and concubinage, by the express or . implied pardon by the bffended spouses, oor ‘Can be extended only | Can be validly granted after conviction by final | only before the | judgment of” the | institution of the | accused criminal action To whom granted "To. any or all of the} in ‘seduction accuses. abduction and acts of lascivousness, it benefits the co- principals, ‘accomplices and. In adultery and coneubinage, must include bath offenders ‘As to whether it can be conditional May be absolule or] Cannot validly be consitional made subject to 2 condition. ARTICLE 37 costs Costs or costs of suit - are the expenses of litigation allowed and regulated by the Rules of Court to be assessed against or to be recovered by a party in litigation The following are included in costs: 4. Fees, and 2. Indemnities, in the course of judicial proceedings. + Costs are chargeable to the accused only in cases of conviction. In case of acquital, the costs are de officio, meaning each party bearing his own expanses + No costs shall be allowed against the Republic of ihe hippies, unless cotherwise provided by a a So They ig/intne toohapolrese aiéen Chul 2 Sfp reparation dibs daniags’caused i Bebrnesten OF the, easequential art sa. Fine b. Costs of proceedings. When is Article 38 applicable? In Case the property of the offender should not be’ sufficient for the payment of all his pecuniary liabilities. ARTICLE 39 SUBSIDIARY PENALTY Subsidiary penalty — a subsidiary personal liability to be suffered by the convict who has ‘no property with which to meet the fine, at the rate of one day for each eight pesos (P8.00), subject to the rules provided for in Art. 39, ‘+ Subsidiary penalty shall be proper only if the accused has no property with which to ay the fine and not as a matter of choice on his part by opting to go to jail instead of paying, + Subsidiary penalty is NOT AN ACCESSORY PENALTY, hence it must be specifically imposed by the court in its judgment, otherwise the accused cannot be made to serve the corresponding subsidiary imprisonment. Rules as to subsidiai ew ability Sr 1. Psion ‘Subsiiary imprisonment correccional or | not to exceed 1/3 of the arresto AND fine | term of the sentence, and in [no case to continue for ‘more than one year Fraction or part of a day, ot counted, Fine ony ‘Subsidiary imprisonment ‘a. not fo exceed 6 months — if the culprit is prosecuted for grave or less grave felony, and b. not fo exceed 15 days — if prosecuted for light felon; 3. Higher Than asa | No ‘subsidiary | comeccional imprisonment, TT “the _ penally | Subsidiary penalty shall imposed is not to | consist in the same L In case the financial circumstances of t be executed by confinement, but of fixed duration, deprivation as those of the principal penalty, under the same rules as nes. 1, 2 and 2. Relusion ; perpetue,:- and, S above, Convict should improve, he shall pay the fine, notwithstanding the fact that the convict suffered subsidiary personal liability therefor. ee rare. \y 7 + When the penalty prescribed for the offense is imprisonment, it is the penalty actually imposed by the Court, not the Penalty provided for by the Code, which should be considered in determining whether or not subsidiary penalty should be imposed, No subsidiary penalty shall be imposed where: 1, The penalty imposed is higher than prisién correccional or 6 years; + Additional penalty for _nabitual delinquency should be included in determining whether or not subsidiary Penalty should be imposed, 2. For non-payment of reparation or indemnification; 3. For non-payment of cost 4. Where the penalty imposed is a fine and another penalty without fixed duration, like censure; and 5. The subsidiary penalty, though properly Imposable is not expressly stated in the judgment. Note: The rules on subsidiary penalty in Art 39 are applicable to crimes punishable by Special laws by force of Art. 10 of the Code SECTION THREE ~ PENALTIES IN WHICH OTHER ACCESSORY PENALTIES ARE INHERENT ARTICLES 40-44 OUTLINE OF ACCESSORY PENALTIES INHERENT IN PRINCIPAL PENALTIES 1. Death, when not executed by reason of ‘commutation or pardon 2. Perpetual absolute... disqualification: and Naas “pb, Civil interaction auting 30 years, spn 2g) expressly remifiédia the pardon, rebiision tepipora! = BCCI interdiction for ite or duting the Senteffbe"anc, SZ tual Satsolute —disqialiication, ss lexpréssly remitted; in the Bardon of terpripeigar pénal” mayor. ay eee a eegnvorar abtalte /agGticaion b. “B&tpettia, special atSqudlhtion from aes Unides ‘Speepremtes in nemanabaot the piriapal penaty San Bena College of Law 2012 CENTRALIZED BAR OPERATIONS 55CN SUN A Br gh OL 4, Prisién correccional a. Suspension from public office, profession or calling; and b. Perpetual special disqualification from suffrage, if the duration of imprisonment exceads 18 months, unless expressly remitted in the pardon of the principal penalty. = There is perpetual special disqualification from suffrage, only when the duration of | the imprisonment exceeds 18 months. 6, Arresto — suspension of the right to hold office and the right of suffrage during the term of the sentence. Note: The Code does NOT provide for any accessory penalty for destierro Goda) Has a specie duration of 20 years and 1 day 0.40 years. Raa! Has no definite term. Tmposabie on felonies | Imposable on crimes Punished by the RPC. | punishable by special flaws, | ‘Caries with i | Does not carry with accessory penalties. | accessory penalties ARTICLE 45 CONFISCATION AND FORFEITURE OF THE PROCEEDS OF THE CRIME Outline of the provisions of this article: 1. Every penalty imposed carries with it the forfeiture of the proceeds of the crime and the instruments or tools used in the commission of the crime. (There can be no forfeiture when there is no criminal case filed.) ‘The proceeds and instruments or tools of the crime are confiscated and forfeited in favor of the Government 3. Property of a third person not liable for the offense is not subject to confiscation and forfeiture. 4. Property: not subject of lawful commerce (whether it belongs to the accused or to third person) shall be destroyed. + The confiscation and forfeiture of the proceeds and instruments of a crime is an accessory penalty + Articles which are forfeited, when the order or forfeiture is already final, cannot be retumed even in case of an acquittal 56 | San Beda College of Law 2012 CENTRALIZED BAR OPERATIONS The provisions of Art, 45 CANNOT apply when: 1. The instruments belong to innocent third patties; 2. Such properties have not been placed Under the jurisdiction of the court because they must be presented in evidence and identified in judament; and 3. When itis legally or physically impossible. ‘+ This accessory penalty presupposes a judgment of conviction. However, even if the accused is acquitted on reasonable doubt, but the Instruments or proceeds are contraband, the judgment of acquittal shall order their forfeiture for appropriate disposition. CHAPTER FOUR: APPLICATION OF PENALTIES (ARTS. 46-72) ‘SECTION ONE - RULES FOR APPLICATION OF PENALTIES TO THE PERSONS CRIMINALLY LIABLE AND FOR ‘THE GRADUATION OF THE SAME ARTICLE 48 PENALTY TO BE IMPOSED UPON PRINCIPALS IN GENERAL General rule: The penalty prescribed by law in general terms shall be imposed upon the principals for a consummated felony Exception: When the penalty to be imposed upon the principal in frustrated or attempted felony is fixed by law. Graduation of penalties: 1. By degrees - refers to a. stages of execution (consummated, frustrated, or attempted), and b. degree. of the-cniminal participation of the filer Qwhelne28. principal ‘Yl accomplice or’aecessory), 2 By periods:~‘retees tothe: proper periad of the penalty whigh should,be imposed ‘when’ aggravating or gutgating Rectan attend the commission of ween) JARTICLE 47 CASES WHEREIN sit? EATH PENALTY SP SHALL NO SEO SPALL ROT BE BSE” No lot a ‘any forbe effect besause the substi) tovisons 4 reer being inconateg Rea” 9848"while theProcedural measures is superseded by the present revised Rules of Court Plurality of Crimes - ARTICLE 48 COMPLEX CRIMES consists in the ‘successive execution, by the same individual, Of different criminal acts, upon any of which mo conviction has yet been declared, Kinds: 1 Real or material plurality — DIFFERENT crimes in law, as well as in the conscience of the offender, the offender shall be PUNISHED for ‘each and every offense that he committed Formal or ideal plurality - only ONE ‘criminal liability. ‘Three groups under the formal type: a When the offender commits any of the complex crimes in Art. 48, b. When the jaw specifically fixes a single penalty for two or more offenses committed (Special Complex Crimes) When the offender continuous crimes. ‘Complex Crimes Under Article 48 A. Concept: 1. In complex crime, although 2 or more crimes are actually committed, they constitute only ‘one crime in the eyes of the law as well as in the conscience of the offender, 2. The offender has only one criminal intent, hence there is only one penalty imposed forthe ‘commission of a complex crime. ‘commits 8. Two kinds of complex crimes: 1. Compound — crime (delito compuesto) ~ a single act constitutes 2 or more grave or less. grave felonies Requisites: a. That only a single act is Performed by the offender, b. That the single act produces: i Two or more grave felonies, or ii, One or more grave and one or more less grave felonies, or li. Two or more less grave felonies. poou2 Book One '|;CRIMINAL LAW: * Light felonies produced by the same act should be treated and punished as separate offenses or may be absorbed by the grave felony, + Art, 48 speaks of two or more grave or less grave felonies resulting from a single act, which excludes crimes punishable by special laws, 2. Complex crime proper (delito complejo) - an offense is 2 necessary means for committing the other. + The first offense must be consummated, Requisites: a. That at least two offenses are committed; b. That one or some of the offenses must be necessary to ‘commit the other, and ©. That both or all of the offenses must be punished under the same statute. Note: Necessary means is NOT equivalent to indispensable means, C. No complex crime in the following cases: 1. In case of continuous crimes 2. When one offense is committed to conceal the other; 3. When the other come is an indispensable part or an element of the ather offenses, 4. Where one of the offenses is penalized by a special law; 5. When the provision provides for a two-tiered -penalty,.e.g. Usurpation of ptéperty’\ (Art, 312), malicious procurement of @-search warrant (ATE 128), ibribehe-(Art 210;par 1), maltreatment »of : prisoners (Art 236) A Bede to tave hal cup ~GReasén| the offender is desiied less “foerversa than when he omnis sad ces thru s@parate and a acts. (People vs. Hantentien @o Fi 515 Gee, ce + “The penaity fortcamplex‘frige is the “penalty For the most sedis crime, the Sams’ to, be apslied in-tts maximum San Heda College of Lars | 57 201.2 CENTRALIZED BAR OPERATIONSTNT rr el + If different crimes resulting from one single act are punished with the same penalty, the penalty for any one of them shall be imposed, the same to be applied in the maximum period. + When 2 felonies constituting a complex. crime are punishable by imprisonment and fine, respectively, only the penalty of | impnsonment ‘should be imposed, Reason: Fine is not included in the list of penalties in the order of seventy, and it is the last in the graduated scales in Art. 77 of the RPC. = When a complex crime is charged and one offense is not proven, the accused can be convicted of the other. + There is NO complex crime of Estate Thru Falsification of Private Document as both crimes require damage as an ‘element which if used for one renders the other incomplete, hence the query is as to which crime was committed first + If at the outset, the accused took @ woman away against her will and with lewd designs on his part, and he thereafter raped her, this would clearly be the complex crime of abduction with rape. (People vs, Oso, 62 Phil 271) = On the other hand, the rule has been that if he had no lewd designs at the time of the forcible taking of the victim, but the taking advantage later when the victim was in his custody he raped her, he committed two separate ‘crimes of kidnapping, a crime against personal liberty, and rape, then @ crime against chastity. (People vs. Quitain, 99 Phil, 226) + Subsequent acts of intercourse, after forcible abduction with rape, are separate acts of rape for even’ while the first act of rape was being performed, the crime of forcible abduction was already comsummated, so that each of the three succeeding rapes cannot be complexed with forcible abduction, (People vs. Jose, No. L-262232, Feb. 6, 1971) + There is no complex crime of rebellion with murder, arson, rebbery, or other ‘common crimes. | Where the victim was kidnapped for the purpose of extorting ransom under pain of death, and he was later Killed when no such ransom was paid, the complex crime of kidnapping with 58 | San Beda College of Law 2012 CENTRALIZED BAR OPERATIONS 9ecasions murder was committed. (Regalado, 2008, p.189) Article 48 does not apply to acts penalized under Artide 365 of the RPC. Article 48 Does not Apply to Acts Penalized Under Article 365 of the Revised Penal Code. Atticle 48 is a procedural device allowing single prosecution of multiple felonies falling under either of two categories: (1) when a single act constitutes two or more grave or less grave felonies (thus excluding from its ‘operation light felonies; and (2) when an offense is a necessary means for ‘committing the other. The legislature crafted this procedural tool to benefit the accused who, in lieu of serving ‘multiple penalties, will only serve the maximum of the penalty for the most serious crime, In contrast, Article 965 is a substantive tuto penalizing not an act defined as a felony but “the mental attitude x x. x behind the act, the dangerous recklessness, lack of care or foresight oc. x a single mental attitude fegardiess of the resulting Consequences. Thus, Article 365 was Grafted as one quasi-crime resulting in Gne or more consequences. A becoming regard of this Court's place in our scheme of government denying it the power to make laws constrains Us to keep inviolate the conceptual distinction between quasi-crimes and intentional felonies under our penal code. Article 48 is incongruent to the nation of ‘quasi-crmes under Aticie 385. Itis conceptually impossible for 2 quasi-oftense to stand for (1) a single Sct constituting. two.or more grave or fesg grave Yelonies, pF (2)jan offense which -is"@ ~necessary. means? for commitlagianather. jndeed, thie, iS: a constitutionally ‘compeligd chpice. By prohibiting the (splitting pticherges under Adice 265, ‘respective pf the nuriber and severity of the rasulting acts) rampant ‘goristutionally Iinpermissible Y-secand) prosecutions Safe avoided) :fot'to’ mention that “gearce, state fesalirees ate’ conserved “End siverted to proper use!Aue aN Hence, we hold that prosecutions under Article 365 should proceed from a single charge regardless of the number or severity of /—_ the consequences. In imposing penalties, the judge will do no more than apply the penalties under Article 365 for each consequence alleged and proven. in short, there shall be no splitting of charges under Articie 365, and only one information shall be filed in the same first level court Our ruling today secures for the accused facing an Article 366 charge ‘a stronger and simpler protection of their constitutional right under the Double Jeopardy Clause, True, they are thereby denied the beneficent effect of the favorable sentencing formula under Article 48, but any disadvantage thus caused is more than compensated by the certainty of on-prosecution for quasi-crime effects qualifying as ‘light offenses’ (cr, as here, for the more serious consequence prosecuted belatedly). i is so minded, Congress can re-craft Atticle 365 by extending to quasi- crimes the sentencing formula of Article 48 so that only the most severe Penalty shall be imposed under a Single prosecution of all resulting acts, whether penalized as grave, less grave or light offenses. This will still keep intact the distinct concept of guasi-offenses. (Ivier v. San Pedro and Ponce GR. No. 172716, November 17, 2070) Rules in Art. 48 are NOT applicable: 1. When the crimes subject of the case have common elements; 2. When the crimes involved are subject to the rule of absorption of one crime by the other; 3. Where the two offenses resulting from a single act are specifically Punished as a single crime, such as less serious physical injuries with serious slander of deed, since this is punished under Art. 265 par. 2, as the single crime of less serious physical injuries with ignominy; 4. In special complex crimes or ‘composite crimes, 5. When the crimes involved cannot be legally complexed, viz. (a) Malicious obtention or abusive service of search warrant (Art 129) with perjury, (b) Bribery (Art. 210} with infidetty in the custody of prisoners; (©) Maltreatment of prisoners (Art 235) with serious physical injuries, Usurpation of real rights (Art 312) with serious physical injuries; and (e) Abandonment of persons in danger (Art. 275) and crimes against minors (Arts, 276 to 278) with any other felony. @ Special Complex Crimes — those which are treated as single indivisible offenses although comprising more than one specific crime and with specific penalty Examples: 1. Rape with homicide, * “The homicide must always be consummated, otherwise, separate offenses. The rape may either be consummated or attempted. 2. Kidnapping with homicide, 3. Kidnapping with rape, + Kidnapping with rape is different from abduction with rape. In the latter, there is lewd design (People vs. Jose, GR. No. L- 28232, Feb. 6, 1971) 4. Robbery with homicide, * Additional homicide NOT. aggravating 5. Robbery with rape, * Additional rape not aggravating NOTE: There is no complex crime of Arson with (Multiple) Homicide. Accordingly;,i-cases where. both burning and déath o&tur,,"in order td determine {Mshat crimeferimes waslwere perpetrated in idrdér’ or arson ! and omicidemurder itis: ‘de.nguelir to ‘AScertain—the-main- objective” of the atetattor, (2) if the main objectiveris the bUphind of fhe Builiing or edifice But death rEBUits ‘by rBa8on or on the gceasion of Son, the ctime is simply arson and the resting: homicide, is absorBoce (6) if, on {8;6ther-hand, thelmralteobjective's to kill 2 spélticular personswho/ maybe. ina bulldiig oredifice, whdh fires resarted to as thitieans to accomplistsueh goal the crime -eofimitied ls-murpshpny. last, (c) if the “objective. is, Ikemise, to Kil a San Beda College af Law | 59 2012 CENTRALIZED BAR OPERATIONS |CRIMINAL LAW | particular person, and in fact the offender has already done so, but fire is resorted to as a means to cover up the killing, then there are two separate and distinct cames committed — homicide/murder and arson. (People of the Philippines v. Edna Maingan G. R. No. 170470, September 26, 2006) When the crimes involved cannot be tegally complexed, vs: Malicious obtention or abusive service of search warrant (Art. 129) with perjury 2. Bribery (Art, 210) with infidelity in the custody of prisoners; 3. Maltreatment of prisoners (Art. 235) ‘with serious physical injuries: 4. Usurpation of real rights (Art! 312) with serious physical injuries; and 5. Abandonment of persons in danger (Art, 275) and crimes against minors (Arts. 276-278) with another felony Preteens eee ieee eel rey Co ukeard Vit is made up of two or| it is made up of two more crimes being | or more crimes which punished in distinct | are considered oniy | provisions of the Revised | as components of a | Penal Code but alleged in| single indivisible | fone information either | offense being because they were brought | punished in one about by a single felonious | provision of the Sct or because one offense | Revised Penal Code, is a necessary means for committing the other offense or offenses. pees Penalty for the most|it is the penalty serious crime shall be| specificaly provided imposed and in its|for the special ‘maximum period. complex crime. that shall be applied according to the rules fon imposition of the penalty Note: One information should be filed when 2 complex crime is committed. Ill, Continuous crime — a single crime, consisting of a series of acts, but all arising from ONE CRIMINAL RESOLUTION; length of time in the commission is immaterial 60 | San Beda College of Law | 2012 CENTRALIZED BAR OPERATIONS By Requisites: Multiplicity of acts; 2 Unter etminal purpose or intent: and 3. Unity of criminal offense violated + Not a complex crime because the offender does not perform a single act, but a series of acts, and one offense is. not a necessary means for committing the other. + In determining venue, a continued, continuous or continuing cAme is DIFFERENT from a transitory crime (moving crime) — in the latter case, cfiminal action may be instituted and tried in the court of the municipality, city or province wherein any of the essential ingredients thereof took place, Leora Cher ites) rer ay There is a series of acts performed by the offender. performed by offend Each act performed by|The different acts the offender constitutes | constitute only one fa separate crime, each |crime, all of the acts fact is generated by a| performed arise from criminal impulse. fe eriminal resolution. ARTICLE 49 PENALTY TO BE IMPOSED UPON THE PRINCIPALS WHEN THE CRIME COMMITTED IS DIFFERENT FROM THAT INTENDED Rules: 1. If the penalty for the felony committed be higher than the penalty for the offense which the accused intended to commit, the lower penalty shall be imposed in its maximurp period if the penaltyifor she feloriy committed be “Woower tharr-the penalty~for.the offense Syinich the déctisscEnteadéd to comms the “Terese sche moan eepereaiesy . se 49 a a ies ore srlne penal. fer ne cine egies any ear the crifipyintended to ite . ie ‘s_ apli i ime andthe aoe actually Ibg are _punistied ‘with’ differentBook One | CRIMINAL: LAW oe or Lesser penalty is] Penalty for the more or| imposed, to be applied| most serious ene shall in maximum periods, |be. imposed, to be! ‘applied in its’ maximum period Note: For Articies 50-57 and 60, refer to Art. 67 herein provided, ARTICLE 58 ADDITIONAL PENALTY TO BE IMPOSED UPON CERTAIN ACCESSORIES. Public officers who help the author of the crime by misusing their office and duties shall suffer the additional penalties of: 1, Absolute perpetual disqualification, if the’ principal offender is guilty of a grave felony; 2. Absolute temporary disqualification if the principal offender is guilty of less grave felony, * This article applies only to public officers who abused their public functions, ARTICLE 59 PENALTY TO BE IMPOSED IN CASE OF FAILURE TO COMMIT THE CRIME BECAUSE THE MEANS EMPLOYED OR THE AIMS SOUGHT ARE IMPOSSIBLE. IMPOSSIBLE CRIME The penalty for impossible crime is arresto ‘mayor (imprisonment of 1 month and 1 day to 6 months) or fine ranging from 200-500pesos, Basis for the imposition of proper penalty: 4. Social danger; and 2. Degree of criminality shown by the offender ARTICLE 61 RULES OF GRADUATING PENALTIES According to Arts. 50-57, the penalty prescribed by law for the felony shail be lowered by one or two degrees, as follows: 1. For the principal in frustrated felony ~ one degree lower, 2. For the principal in attempted felony - two degrees lower; 3, For the accomplice in consummated felony — one degree lower: 4, For the accessory in consummated felony two degrees lower, Consum- | Frus- ” Attemps ee et Prineipal ‘Accomplice 12 3 Accessory 2 3 4 In this diagram, *O" represents the penalty prescribed by law in defining a crime, which is, fo be imposed on the principal in a consummated offense, in accordance with the Provisions of Art 48, The other figures Fepresent the degrees to which the penalty must be lowered, to meet the different situations anticipated by law, Bases for the determination of the extent of. penalty to be imposed under the RPC: 4. Stage reached by the crime in its development (either attempted, frustrated or consummated) 2. Participations therein of the persons liable 3. Aggravating or mitigating circumstances which attended the commission of the crime. Degree ~ one entire penalty, one whole penalty or one unit of the penalties ‘enumerated in the graduated scales provided forin Art, 71 + When there is mitigating or aggravating circumstance, the penalty is lowered or increased by pertod only; Exception: when the penalty is divisible and there are two or more mitigating and without aggravating circumstances, in which case the penalty is lowered by degree. Period ~ one of the three equal portions, called minimum, medium and maximum, of 2 divisible penalty, Exceptions to the rules established in Arts. ‘B0.t0 87 (Article-80): AR8S/50 to 57 shalliN@Tiapply to cases. where thetlath expressly-prescribas thepenalty for a frusttated” ‘or~atiempted feldniy,’ ‘or imp®8éd_ Upon An Genérat Rute: An accomplice is piinished by a pedal, che degree. lowe than .{ha:benalty imposed upon the prin&galsys Except fe: : kl The olf Scompioss dra ines wih the same-péAdity imposed uperttne principal Ban Beda College of Law 2012 CENTRALIZED BAR OPERATIONS 6| ee Nal a Beto Od 1. The ascendants, guardians, curators, teachers and any person who by abuse of authority Or confidential relationship, shall cooperate as accomplices in the crimes of rape, acts of lasciviousness, seduction, corruption of minors, white slave trade or abduction (Art. 346); and 2. One who fumished the place for the perpetration of the crime of slight illegal detention (Art. 268) + When penalty prescribed is single and indivisible — the penalty next lower in degree shall be that immediately following that indivisible penalty in the respective graduated scale in Article 71; + If the penalty prescribed by the Code consists in three periods, corresponding to different divisible penalties, the penalty next lower in degree is the penalty consisting in the three periods down in the scale; + If the penalty prescribed by the Code consists in two periods, the penalty next lower in degree is the penalty consisting in two periods down in the scale. + If the penalty prescribed by the Code consists in only one period, the penalty next lower in degree is the next period down in the scale. + Mitigating and aggravating circumstances are disregarded in the application of the rules for graduating penalties. ‘SECTION TWO - RULES FOR THE APPLICATION OF PENALTIES WITH REGARD TO THE MITIGATING AND AGGRAVATING CIRCUMSTANCES, AND HABITUAL DELINQUENCY ARTICLE 62 EFFECTS OF THE ATTENDANCE OF MITIGATING OR AGGRAVATING CIRCUMSTANCES AND OF HABITUAL DELIQUENCY Rules regarding aggravating and mitigating circumstances: + Aggravating circumstances which (a) in themselves constitute a crime especially punished by law or which (b) are included by the law in defining a crime and prescribing the penalty therefor are not 10 be taken info account to increase the penalty ‘Maximum penalty shall be imposed: a, When in the commission of the crime, advantage was taken by the offender of his public position; San eda College of Law 2012 CENTRALIZED BAR OPERATIONS: b. If the offense was committed by any person who belongs to an ‘organized/syndicated crime group. + The preceding rule applies with respect to aggravating circumstances which are inherent in the crime; = Aggravating or mitigating circumstances which arise from a, The moral altributes of the offender, or b. From his private relations from the offended party, or ©. From any other personal cause, serve to aggravate or mitigate the liability of the principals, accomplices and accessories as to whom — such circumstances are attendant; ‘+ The circumstances which consist in a. material execution of the act, or b._the means employed to accomplish it, shall serve to aggravate or mitigate the liability only of those persons who had knowiedge of them at the time of the execution of the act or their cooperation therein. + Additional penalty for habitual delinquenc: + Upon 3° conviction — culprit shall be ‘sentenced to the penalty provided by Jaw for the last crime of which he is found guily and to the additional penalty of prision correccional in its medium and maximum periods. * Upon a4" conviction — the culprit shall bbe sentenced to the additional penaity of prision mayor in its minimum and ‘medium periods. = Upon 5" or additional convietion ~ the culprit shall be sentenced to the additional penalty of prision mayor in its maximum period to reclusion temporal in its minimum period. Total of the two penalties shall NOT exceed 30 years, ~ Eftogt: tiagaravating siculnsidicés (geneiig ana ‘Spacificp have thetfect af inteeasing the erally, without -however-exceatiing the ‘Tigxjmim,petjad provided by law)” 2 Mibgatngetearstences have théjeffect of ditching ebenalty - 3. Rabjual delinquency. has. the efiget, not Cae ereachaeenaly ese st rectdyisth which Tezasneraliycvppled In hi i Tetnaanctabl ar imposing an additonal penay~"