LESSON MANUSCRIPT

CRIMINAL LAW 1

GENERAL ASPECTS OF CRIMINAL LAW

CRIMINAL LAW DEFINED

Criminal Law is that branch of municipal law which defines crimes, treats of their nature
and provides for their punishment.

DEFINITION OF CRIME
A crime is the commission or omission by a person having capacity, of any act, which is
either prohibited or compelled by law and the commission or omission of which is punishable by
a proceeding brought in the name of the government whose law has been violated.
If the crime is punished by the Revised Penal Code it is called felony; if by special law, it
is called an offense; and if by an ordinance, it is called an infraction of an ordinance.
POWER TO DEFINE AND PUNISH AN ACT OF CRIME
The power to define and punish an act of crime is delegated to the LEGISLATIVE
DEPARTMENT where the legislative power isvested in the constitution. It has the power to
define and punish an act or omission as a crime. However, under the Constitution, the CHIEF
EXECUTIVE OR THE PRESIDENT by an executive order may perform this prerogative in the
exercise of his emergency power and this is properly delegated by law.

LIMITATIONS UPON THE POWER OF THE LEGISLATURE TO ENACT PENAL LAWS

1. It cannot enact an ex post facto law nor a bill of attainder.

2. A penal law must be of general application.
3. It cannot provide for a cruel, degrading or inhuman punishment nor can it
impose excessive fines.

An ex post facto law is a law that punishes an act although such act is not yet
punishable at the time of commission. A bill of attainder is a law that punishes a crime without
due process or trial.

CHARACTERISTICS OF CRIMINAL LAW:

1. GENERALITY

This means that the law is binding upon all persons who reside or sojourn in the
Philippines, irrespective of age, sex, color, creed, or personal circumstances.
The rule of the general application of penal law does not apply to those cases so
provided by public international law (Art. 14, civil code), by treaty stipulations or by law of
preferential application like the Constitution. (Art.2)
Under the principles of public international law, sovereigns or heads of states,
ambassadors, ministers plenipotentiary and ministers-resident, charges d’affairsand attache’s
are exempt from criminal prosecution. As regards consuls and vice-consuls, their exemption
will depend upon a treaty stipulation. An honorary consul is not included in this exception.

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 Members of Congress are not liable for libel or slander in connection with any speech
delivered on the floor of the house during regular or special session. (Article IV, Sec, 11 1987
Constitution)
Immunity may be extended to certain persons according to the provisions of a treaty, or
by the voluntary act of the government.Diplomatic Immunity is when a diplomatic agent shall
enjoy immunity from the criminal jurisdiction of the receiving State. He shall also enjoy
immunity from its civil and administrative jurisdiction except in the case of: xxx ( c) an action
relating to receiving State outside his official functions.

2. TERRITORIALITY

This means that the law is applicable to all crimes committed within the limits of
Philippine territory, which includes its atmosphere, interior waters and maritime zone. (Art. 2,
Revised Penal Code)
The provisions of Revised Penal Code may also apply outside of Philippine territory
against those:
1. Persons who should commit an offense while on Philippine ship or airship;

2. Persons who should forge or counterfeit any coin or currency note or any obligation
or security of the Philippine government;
3. Persons who should be liable for acts connected with the introduction into the
country of the obligations and securities aforestated;
4. Persons who while being public officers or employees, should commit an offense in
the exercise of their functions;
5. Persons who should commit any of the crimes against national security and the law
of nations as defined in Title I, Book II of the Revised Penal Code. (Art.2)

3. IRRESTROSPECTIVITY OR PROSPECTIVITY

This means that the law does not have any retroactive effect, except if it favors the
offender unless he is a habitual delinquent (Art. 22) or the law otherwise provides.
Three rules are to be observed:
1. A penal law does not have retroactive effect;
2. If favorable to the accused, a penal law may be given retroactive effect;
3. Even if favorable to the accused, a penal law cannot be given retroactive effect if the
accused is a habitual delinquent or the law so expressly provides.
Penal law cannot make an act punishable when it was not punishable when
committed. Crimes are punished under the laws in force at the time the same were
perpetrated. There is no crime without a penalty and there is no penalty without a law.
(Art 366)

FELONIES IN GENERAL

Art. 3 - Definition. – Acts and omissions punishable by law are felonies (delitos).
Felonies are committed not only by means of deceit (dolo) but also by means of fault
(culpa).
There is deceit when the act is performed with deliberate intent; and there is fault when
the wrongful act results from imprudence, negligence, lack of foresight, or lack of skill.

FELONY is any act or omission punishable by law. The elements of felony are the following:
1. There is an act or omission;
2. It is punishable by the Revised Penal Code; and

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 3. It is committed either by dolo or by culpa.

Elements of Dolo:
1. There is freedom.
2. There is intelligence.
3. There is intent.

Elements of Culpa:
1. There is freedom.
2. There is intelligence.
3. There is negligence or imprudence.

DOLO and CULPA, Distinguished

“Dolo” and “Culpa” are both voluntary and freely committed. Dolo is intentional,
whereas, culpa is not intentional. Where there is intent, there can be no negligence. In
culpable felonies, intent is replaced by fault.

Dolo involves malice or deliberate intent while Culpa results from negligence,
imprudence, lack of foresight or lack of skill. Imprudence is the deficiency of action while
negligence is the deficiency of perception.

May a crime be committed without criminal intent?

Yes, in two cases: felonies committed by means of culpa and offenses punishable as
mala prohibita.

MISTAKE OF FACTS is an act or omission which is the result of a misapprehension of

facts that is voluntary but not intentional. The actor performed an act which would be lawful
had it been true as he believed it to be. Mistake of facts does not apply to mistake of identity
because in the latter there is intent.

MISTAKE OF FACT AS A DEFENSE REQUISITES:

1. The act done would have been lawful had the facts been as accused believed them to
be.
2. The intention of the accused in doing the act was lawful.
3. The mistake was without fault or carelessness on the part of the accused.

MALA IN SE and MALA PROHIBITA

Mala in se is wrong from its very nature as those felonies punished in the Revised Penal
Code. In its commission, intent is an element and good faith is a defense.
Mala prohibita is wrong because it is prohibited by law. Without the law punishing the
act, it cannot be considered a wrong. The mere commission of that act is what constitutes the
offense punished and criminal intent will be immaterial for reason of public policy.

HOW IS CRIMINAL LIABILITY INCURRED

Art. 4. Criminal Liability. – Criminal liability shall be incurred:

1. By any person committing a felony (delito) although the wrongful act done be different from
that which he intended;
2. By any person performing an act which would be an offense against persons or property,
were it not for the inherent impossibility of its accomplishment or on account of the
employment of inadequate or ineffectual means.

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 Rules regarding criminal liability in case of a felony committed even though the wrongful
act done be different from that intended:
“El que es causa de la causa es causa del mal causado ” – he who is the cause of the
cause is the cause of the evil caused and one is liable for all the direct and natural
consequences of his unlawful act, even if the ultimate result had not been intended.
The act committed must be a felony. The rule does not apply to felonies committed by
culpa because there must be criminal intent. It follows that if the act committed is lawful, even
though an injury results, there is no criminal liability, except if the act is committed with
negligence.

CAUSES WHICH MAY PRODUCE A RESULT DIFFERRENT FROM THAT INTENDED:

ERROR IN PERSONAE is the mistake in the identity of the victim.

ABERRATIO ICTUS is the mistake in the blow.
PRAETER INTENTIONEM is the injurious result is different from that intended.
Give Illustrative example for each circumstance.
PROXIMATE CAUSE is the cause, which in natural and continuous sequence, unbroken
by any efficient intervening cause, produces the injury, and without which the result would not
have occurred.
Give Illustrative example

IMPOSSIBLE CRIME

The second paragraph of article 4 made liable any person who commits acts that
constitute impossible crime.
Elements:
1. The acts are performed which would be a crime against persons or
property;
2. There is criminal intent;
3. It is not accomplished because of inherent impossibility or because the means employed is
inadequate or ineffectual.
4. That the act performed should not constitute a violation of another provision of the Revised
Penal Code.

Give Illustrative example- nang rape ng patay, pumatay ng patay, nagnakaw ng

pagmamay-ari nya.

Penalty for Impossible Crime

Art. 59 penalty of arresto mayor or a fine from 200 to 500 pesos.

DEGREE OF OF PENALTY

GRAVE OFFENSE- Prision Mayor – Reclusion Temporal- Reclusion Perpetua

LESS GRAVE- Arresto Mayor- Prision Correctional
LIGHT OFFENSE- Arresto Menor

PERIOD OF PENALTY (Maximum, Medium or Minimun Penalty)

STAGES OF EXECUTION OF A FELONY

Art. 6. Consummated, Frustrated, and Attempted Felonies

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 Consummated –When all the elements necessary for its execution and
accomplishment are present.

Frustrated – When the offender has performed all the acts of execution to produce the
felony as a consequence but the crime does not result due to some cause independent of the
will of the offender.

Attempted – When the offender begins the commission of the felony by direct overt
acts but does not perform all the acts of execution which should produce the felony as a
consequence by reason of some cause or accident other than his own spontaneous desistance.

Give Illustrative example for each stage of execution of a felony.

Homicide

Tinutukan ng baril then hindi tinuloy-not attempted file other case: Grave Threat
Pa tinamaan sa non vital parts - attempted
Pag kinalabit wala lumabas na bala- attempted
Pag tinamaan sa vital part pero buhat- frustrated
Pag tinamaan then patay- consummated
Pag tinmaan

Arson

Attempted- Nagsaboy ng gasoline

Attempted- Nagsaboy ng gasoline at nag strike ng posporo
Consumated- Nag-apoy at nagkaroon ng burn mark or smoke (part of the house)
Consumated- Nagusok ang pinto (part of the house)
Attempted- Nagusok ang Kurtina (not part of the house)

Theft

Ninakaw yung ballpen ng boss nya bago lumabas- consummated theft

Nagnakaw ng linen sa hospital then nahuli sa labas ng ospital- consummated theft
Nagnakaw ng gatas nilagay sa kanal- consummated theft
Nagnakaw ng baril sa armory pero nahuli sa sasakyan (kalahati lng natakpan sa truck)-
Frustrated
Nagnakaw nga baby cologne at bago makalabas nahuli-consumated

Rape

Consumated- must strictly touch the vagina pwedeng merely touching

Attempted- hinubaran- tumama ang ari sa puson, panty.

If the taker has full control of the things taken it is consider as consumated

CIRCUMSTANCES AFFECTING CRIMINAL LIABILITY

Justifying Circumstances – Those wherein the acts of the actor are in accordance
with law and, hence, he incurs no criminal and civil liability. Criminal aspect (Punishmnet) Civil
Liability (damages).

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 Exempting Circumstances - Those wherein there is an absence in the agent of the
crime any of all the conditions that would make an act voluntary and, hence, although there is
no criminal liability, there is civil liability.

Mitigating Circumstances – Those that have the effect of reducing the penalty
because there is a diminution of any of the elements of dolo or culpa, which makes the act
voluntary or it is because of the lesser perversity of the offender.

Aggravating Circumstances – Those which serve to increase the penalty without

exceeding the maximum provided by law because of the greater perversity of the offender as
shown by the motivating power of the commission of the crime, the time and place of its
commission, the means employed or the personal circumstances of the offender.

Alternative Circumstances – Those which are considered either aggravating or

mitigating according to the nature and effects of the crime and the other conditions attending
its commission.

Pag nagfile ka ng criminal case automatic kasama na ang civil case, unless gusto ng
complainant mag file ng separate. (the actual damages must be presented in court, resibo)

You have to prove that there are actual damages kahit walang pambayad yung accused
Yung pinang bail ng accused is ibibigay sa biktima. Kung may kulang idadaan sa subsidiary
penalty, idadagdag sa length of service ng accused sa kulungan.

Art. 11. Justifying circumstances. — The following do not incur any criminal liability:
1. Anyone who acts in defense of his person or rights, provided that the following
circumstances concur;

First. Unlawful aggression (from the attacker) (there must be imminent danger or actual
danger) (real danger/ real aggression example, papakulam kita)

Second. Reasonable necessity of the means employed to prevent or repel it.

Third. Lack of sufficient provocation on the part of the person defending himself. (hindi
dapat ikaw ang nagsimula ng gulo/away) (the provocation must be personal and not to
other person)

(Pag naagaw mo lng yung ipangpapatay sayo at yun yung pinangpatay mo-walang self
defense) except duguan ka na.

2. Anyone who acts in defense of the person or rights of his spouse, ascendants,
descendants, or legitimate, natural or adopted brothers or sisters, or his relatives by affinity in
the same degrees and those consanguinity within the fourth civil degree, provided that the first
and second requisites prescribed in the next preceding circumstance are present, and the
further requisite, in case the revocation was given by the person attacked, that the one making
defense had no part therein.

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 3. Anyone who acts in defense of the person or rights of a stranger, provided that the
first and second requisites mentioned in the first circumstance of this Art. are present and that
the person defending be not induced by revenge, resentment, or other evil motive.

4. Any person who, in order to avoid an evil or injury, does not act which causes
damage to another, provided that the following requisites are present;
First. That the evil sought to be avoided actually exists;
Second. That the injury feared be greater than that done to avoid it;
Third. That there be no other practical and less harmful means of preventing it.

5. Any person who acts in the fulfillment of a duty or in the lawful exercise of a right or
office.
6. Any person who acts in obedience to an order issued by a superior for some lawful
purpose.

1. Self- defense (maliban sa self-defense, may defense of property and defense of

honor din ( ex. Pinatay nya yung ng rape sa kanya) ( Ang defense of property kailangan may
violence galing sa attacker pag wala hindi sya papasok)

Elements:
1. There is unlawful aggression.
2. There is reasonable necessity of the means employed to prevent or repel it; and
3. There is lack of sufficient provocation on the part of the person defending himself.

2. Defense of Relative (Ascendants- pataas) (Descendants- Anak to Apo) (Direct

Ascendants- parent 1st Degree) (Direct Descendants- Anak 1 st Degree) (2nd degree- kapatid)
(Tito and Tita- 3rd Degree) (Cousins- 4th Degree/ bawal ikasal)

Elements:
1. There is unlawful aggression.
2. There is reasonable necessity of the means employed to prevent or repel it.
3. In case provocation was given by the person attacked, the person making the
defense had no part in the provocation.

Relatives by Affinity (by means of marriage) Relative by Consanguinity (relative by

blood)

4. Defense of Stranger (dapat hindi ka kasama sa gulo, kailangan motivated ka ng

humanitarian reason)

Elements:
1. There is unlawful aggression.
2. There is reasonable necessity of the means employed to prevent or repel it.
3. The person defending be not induced by revenge, resentment or other evil motives.

5. State of Necessity

Elements:
1. The evil sought to be avoided actually exists.
2. The injury feared be greater than that done to avoid it.
3. There is no other practical and less harmful means of preventing it.

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 4. Fulfillment of a Duty or Exercise of Right or Office

Elements:
1. The offender acted in the performance of a duty or the lawful exercise of a right or
office.
2. The injury caused or the offense committed is the necessary consequence of the due
performance of such right or office.

5. Obedience to Superior Order

Elements:
1. There is an order that has been issued by a superior.
2. The order is for a legal purpose.
3. The means used to carry out said order is lawful.
Give Illustrative examples and cite some decided cases:

Art. 12. Circumstances which exempt from criminal liability. — the following are
exempt from criminal liability:

1. An imbecile or an insane person, unless the latter has acted during a lucid interval.
When the imbecile or an insane person has committed an act which the law defines as a felony
(delito), the court shall order his confinement in one of the hospitals or asylums established for
persons thus afflicted, which he shall not be permitted to leave without first obtaining the
permission of the same court. Lucid interval (nasa tamang pagiisip)

2. A person under nine years of age. (A person under 15 but not over 18 years old-
latest) Pag may na meet na kaso- Arestuhin ang CICL, wag pusasan, dalhin sa
DSWD, inform ang magulang. Pagnakabail papauwiin sa magulang.

3. A person over nine years of age and under fifteen, unless he has acted with
discernment, in which case, such minor shall be proceeded against in accordance
with the provisions of Art. 80 of this Code.

When such minor is adjudged to be criminally irresponsible, the court, in conformably

with the provisions of this and the preceding paragraph, shall commit him to the care and
custody of his family who shall be charged with his surveillance and education otherwise, he
shall be committed to the care of some institution or person mentioned in said Art. 80.

2. Any person who, while performing a lawful act with due care, causes an injury by
mere accident without fault or intention of causing it. (vehicular incident muna bago
accident) reckless imprudence (incident) driving with care (accident) Fortuitous.
Contributory Recklessness. (accident) walang kulong (incident) may kulong. In
Reckless Imprudence pag nag offer ka ng pera hindi iyon admission of guilt.

3. Any person who act under the compulsion of irresistible force.

4. Any person who acts under the impulse of an uncontrollable fear of an equal or
greater injury.

7. Any person who fails to perform an act required by law, when prevented by some
lawful insuperable cause.

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 1. PERSON UNDER NINE YEARS OF AGE

This was repealed by RA 9344 known as AN ACT ESTABLISHING A COMPREHENSIVE

JUVENILE JUSTICE AND WELFARE SYSTEM, CREATING THE JUVENILE JUSTICE AND WELFARE
COUNCIL UNDER THE DEPARTMENT OF JUSTICE, APPROPRIATING FUNDS THEREFORE AND
FOR OTHER PURPOSES.

Sec. 6 Minimum Age of Criminal Responsibility, Republic Act No. 9344

A child fifteen (15) years of age or under at the time of the commission of the offense
shall be exempt from criminal liability. However, the child shall be subjected to an intervention
program pursuant to Sec. 20 of this act.
A child above fifteen (15) years but below eighteen (18) years of age shall likewise be
exempt from criminal liability and be subjected to an intervention program, unless he/she has
acted with discernment, in which case, such child shall be subjected to the appropriate
proceedings in accordance with this act.
The exemption from criminal liability herein established does not include exemption
from civil liability, which shall be enforced in accordance with existing laws.

2. ACCIDENT

Elements:
1. There is a performance of a lawful act;
2. It is with due care;
3. It causes injury to another by mere accident; and
4. It is without any fault or intention of causing it.
Give Illustrative examples and cited some decided cases

3. COMPULSION OF AN IRRESISTIBLE FORCE

Elements:
1. That the compulsion is by means of physical force.
2. That the physical force must be irresistible
3. That the physical force must come from a third person.

4. IMPULSE OF UNCONTROLLABLE FEAR

Elements:
1. That the threat which causes the fear is of an evil greater than, or at least equal to,
that which he is required to commit;
2. That it promises an evil of such gravity and imminence that the ordinary man would
have succumbed to it.
Distinguished Impulse of Uncontrollable Fear From Irresistible Force:

1. INSUPERABLE OR LAWFUL CAUSE

Elements:
1. That an act is required by law to be done;
2. That a person fails to perform such act;
3. That his failure to perform such act was due to some lawful or insuperable cause.

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ABSOLUTORY CAUSES

These are causes where the act committed is a crime but for reasons of public policy
and sentiment there is no penalty imposed.

DISTINGUISHED INSTIGATION FROM ENTRAPMENT

Instigation takes place when a peace officer induces a person to commit a crime.
Without the inducement, the crime would not be committed. It is exempting by reason of
public policy. Otherwise, the peace officer would be a co-principal.
Entrapment signifies the ways and means devised by a peace officer to entrap or
apprehend a person who has committed a crime. With or without the entrapment, the crime
has been committed already. Hence, entrapment is not mitigating. Entrapment is sanctioned
by the Revised Penal Code, Instigation is not.
Entrapment the idea and resolve to commit the crime comes from the mind of the
criminal.
Instigation the law officer conceives the commission of the crime and suggests it to the
accused, who adopts the idea and carries it into execution.
Buy-bust Operation or entrapment has long been recognized as an effective means of
apprehending criminals.

Art. 13. Mitigating circumstances. — The following are mitigating circumstances;

1. Those mentioned in the preceding chapter, when all the requisites necessary to
justify or to exempt from criminal liability in the respective cases are not attendant. (Incomplete
Defense.
2. That the offender is under eighteen year of age or over seventy years. In the case of
the minor, he shall be proceeded against in accordance with the provisions of Art. 80.
3. That the offender had no intention to commit so grave a wrong as that committed.
4. That sufficient provocation or threat on the part of the offended party immediately
preceded the act. (personal dapat ang provocation directed to you)
5. That the act was committed in the immediate vindication of a grave offense to the
one committing the felony (delito), his spouse, ascendants, or relatives by affinity within the
same degrees.
6. That of having acted upon an impulse so powerful as naturally to have produced
passion or obfuscation.
7. That the offender had voluntarily surrendered himself to a person in authority or his
agents, or that he had voluntarily confessed his guilt before the court prior to the presentation
of the evidence for the prosecution; (voluntary surrender should be immediate) (there should
be intent to surrender)
8. That the offender is deaf and dumb, blind or otherwise suffering some physical defect
which thus restricts his means of action, defense, or communications with his fellow beings.
9. Such illness of the offender as would diminish the exercise of the will-power of the
offender without however depriving him of the consciousness of his acts.
10. And, finally, any other circumstances of a similar nature and analogous to those
above mentioned.
11. Plea of guilt- (hindi na pinahirapan ang court).

CLASSES OF MITIGATING CIRCUMSTANCES

Ordinary Mitigating – 1-10 art. 13, RPC

Privileged Mitigating – Arts. 68, 69 and 64 of the RPC.

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Distinctions:
1. As to nature of the consequences:
Ordinary Mitigating – it can be offset by an aggravating circumstance
Privileged Mitigating– it can NEVER be offset by any aggravating circumstance (age below
18 and above 70 years old)

2. As to the effect:
Ordinary Mitigating– if not offset, it will operate to reduce the penalty to the minimum
period, provided the penalty is a divisible one.
Privileged Mitigating– it operates to reduce the penalty by one to two degrees depending
upon what the law provides.

1. INCOMPLETE JUSTIFYING OR EXEMPTING CIRCUMSTANCE

2. LEGAL EFFECTS OF VARIOUS AGES OF OFFENDER
1. Under 9 years of age, an exempting circumstance.
2. Over 9 and under 15 yrs. Of age, acting without discernment is also an exempting
circumstance.
3. Minor delinquent (under 18 yrs of age), the sentence maybe suspended
4. Under 18 yrs of age, privileged mitigating circumstance
5. 18 yrs or over, full criminal responsibility
6. 70 yrs or over, mitigating circumstance, no imposition of death penalty, execution of
death sentence if already imposed is suspended and commuted.

3. LACK OF INTENTION TO COMMIT SO GRAVE A WRONG

4. PROVOCATION OR THREAT
Provocation – is understood as any unjust or improper conductor act of the offended
party, capable of exciting, inciting, or irritating any one.
Requisites:
1. That the provocation must be sufficient.
2. That it must originate from the offended party.
3. That the provocation must be immediate to the commission of the crime by the
person who is provoked.

5. VINDICATION OF GRAVE OFFENSE

Requisites:
1. That there be a grave offense done to the one committing the felony (offender), his
spouse, ascendants, descendants, legitimate, natural or adopted brothers or sisters,
or relatives by affinity within the same degrees.
2. That the felony is committed in vindication of such grave offense.

6. PASSION OR OBFUSCATION
Requisites:
1. The accused acted upon an impulse.
2. The impulse must be so powerful that it naturally produced passion or obfuscation in
him.
Exceptions:
1. The act is committed in a spirit of lawlessness; or
2. The act is committed in a spirit of revenge.

7. SURRENDER AND CONFESSION OF GUILT

1. Voluntary Surrender to a person in authority or his agents.

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 2. Voluntary confession of guilt before the court, prior to the presentation of
evidence for the prosecution.

Requisites of VOLUNTARY SURRENDER:

1. That the offender had not been actually arrested.
2. That the offender surrendered himself to a person in authority or to the latter’s
agent.
3. That the surrender was voluntary. Meaning, for voluntary surrender to be
appreciated, the same must be spontaneous in such a manner that it shows the
interest of the accused to surrender unconditionally to the authorities.

Requisites of VOLUNTARY PLEA OF GUILTY:

1. That the offender spontaneously confessed his guilt;
2. That the confession of guilt was made in open court, that is, before the competent
court that is to try the case; and
3. That the confession of guilt was made prior to the presentation of evidence for the
prosecution.

8. PHYSICAL DEFECT OF THE OFFENDER

Physical defect referred to is such as being armless, cripple, or a stutterer, whereby his
means to act, to defend himself, or to communicate with his fellow human beings, is limited.
However, it is essential that the physical defect has some relation to the crime committed by
him.
9. ILLNESS OF THE OFFENDER
Requisites:
1. That the illness of the offender diminishes the exercise of his will power.
2. That such illness should not deprive the offender of consciousness of his acts.

10. SIMILAR AND ANALOGOUS CIRCUMSTANCES

Give illustrative examples for each circumstance and cite some decided cases.
Art. 14. Aggravating circumstances. — The following are aggravating circumstances:
1. That advantage be taken by the offender of his public position.
2. That the crime be committed in contempt or with insult to the public authorities.
3. That the act be committed with insult or in disregard of the respect due the offended
party on account of his rank, age, or sex, or that is be committed in the dwelling of the
offended party, if the latter has not given provocation.
4. That the act be committed with abuse of confidence or obvious ungratefulness.
5. That the crime be committed in the palace of the Chief Executive or in his presence,
or where public authorities are engaged in the discharge of their duties, or in a place dedicated
to religious worship.
6. That the crime be committed in the night time, or in an uninhabited place, or by a
band, whenever such circumstances may facilitate the commission of the offense.
Whenever more than three armed malefactors shall have acted together in the
commission of an offense, it shall be deemed to have been committed by a band.
7. That the crime be committed on the occasion of a conflagration, shipwreck,
earthquake, epidemic or other calamity or misfortune.
8. That the crime be committed with the aid of armed men or persons who insure or
afford impunity.
9. That the accused is a recidivist.
A recidivist is one who, at the time of his trial for one crime, shall have been previously
convicted by final judgment of another crime embraced in the same title of this Code.

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 10. That the offender has been previously punished by an offense to which the law
attaches an equal or greater penalty or for two or more crimes to which it attaches a lighter
penalty.
11. That the crime be committed in consideration of a price, reward, or promise.
12. That the crime be committed by means of inundation, fire, poison, explosion,
stranding of a vessel or international damage thereto, derailment of a locomotive, or by the use
of any other artifice involving great waste and ruin.
13. That the act be committed with evidence premeditation.
14. That the craft, fraud or disguise be employed.
15. That advantage be taken of superior strength, or means be employed to weaken the
defense.
16. That the act be committed with treachery (alevosia).
There is treachery when the offender commits any of the crimes against the person,
employing means, methods, or forms in the execution thereof which tend directly and specially
to insure its execution, without risk to himself arising from the defense which the offended
party might make.
17. That means be employed or circumstances brought about which add ignominy to
the natural effects of the act.
18. That the crime be committed after an unlawful entry.
There is an unlawful entry when an entrance of a crime a wall, roof, floor, door, or
window be broken.
20. That the crime be committed with the aid of persons under fifteen years of age or
by means of motor vehicles, motorized watercraft, airships, or other similar means. (As
amended by RA 5438).
21. That the wrong done in the commission of the crime be deliberately augmented by
causing other wrong not necessary for its commissions.

FOUR KINDS OF AGGRAVATING CIRCUMSTANCES

GENERIC – those that can generally apply to all crimes.

SPECIFIC – those that apply only to particular crimes. (Ignominy, humiliation,
embarrassment)
QUALIFYING – those that change the nature of the crime. (Murder to homicide)
INHERENT – those that must, of necessity, accompany the commission of the crime.
These will not aggravate the crime. (Evident premeditation- murder-robbery)

1. ADVANTAGE TAKEN OF PUBLIC POSITION

The public officer must use the influence, prestige, or ascendancy, which his office gives
him, as the means by which he realizes his purpose. (Public officer- by reason of law, by reason
of popular election, by reason of appointment (pulis, tanod etc.)

2. CONTEMPT OR INSULT TO PUBLIC AUTHORITIES

Requisites:
1. That the public authority is engaged in the exercise of his functions.
2. That he who is thus engaged in the exercise of said functions is NOT the person
against whom the crime is committed.
3. The offender knows him to be a public authority.
4. His presence has not prevented the offender from committing the criminal act.

3. DISREGARD OF RANK, AGE, OR SEX OF OFFENDED PARTY; OR

COMMISSION IN THE DWELLING OF THE OFFENDED PARTY

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 That the act be committed with insult or in disregard of the respect due the offended
party on account of the rank of the offended party. There must be difference in the social
condition of the offender and offended party.
The crime must be committed in the dwelling of the offended party. Dwelling must be a
building or structure, exclusively used to rest and comfort. It includes dependencies, the floor
of the staircase and enclosure under the house.

DWELLING IS NOT AGGRAVATING IN THE FOLLOWING CASES:

1. When both offender and offended party are occupants of the same house, even if
the offended party is a servant in the house.
2. But in adultery, it is still aggravating even if it was also the dwelling of the unfaithful
wife, because of a very grave offense against the head of the house.
3. In robbery by use of force upon things only, because dwelling is inherent.
4. In trespass to dwelling.
5. When the dwelling does not actually belong to the offended party.

ABUSE OF CONFIDENCE; OR OBVIOUS UNGRATEFULNESS

Requisites:
1. That the offended party had trusted the offender;
2. That the offender abused such trust by committing crime against the offended party;
3. That the abuse of confidence facilitated the commission of the crime; or
4. That the act be committed with obvious ungratefulness.

PLACES OF COMMISSION
If it is Malacañang palace or a church, it is aggravating, regardless of whether state or
official or religious functions are being held.

NIGHTTIME; UNINHABITED PLACE; OR BAND (darkness set in when light is already

rising) (uninhabited place means isolated talaga, kung may katabing bahay hindi sya pasok sa
uninhabited place) (band- 3 or more armed men)

Requisites:
1. When it facilitated the commission of the crime; or
2. When it was especially sought for by the offender to insure the commission of the
crime or for the purpose of impunity; or
3. When the offender took advantage thereof for the purpose of impunity.

ON OCCASION OF CALAMITY OR MISFORTUNE

AID OF ARMED MEN, ETC.

Requisites:
1. That armed men or persons took part in the commission of the crime, directly or
indirectly.
2. That the accused availed himself of their aid or relied upon them when the crime
was committed.
(pinatay then sinunog=homicide/muirder and arson)
(pinatay gamit ang sunog= Murder)

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RECIDIVIST

Recidivist is one who, at the time of his trial for one crime, shall have been previously
convicted by final judgment of another crime embraced in the same title of the Revised Penal
Code.
Requisites:
1. That the offender is on trial for an offense;
2. That he was previously convicted by final judgment of another crime;
3. That both the first and the second offenses are embraced in the same title of the
Code;
4. That the offender is convicted of the new offense.

Habitual Deliquent- convicted na dati at nagserve na ng punishment then na

charge ulit ng ibang k

Quasi Residivist- nasa kulungan at naka commit ng crime.

REITERACION OR HABITUALITY

Requisites:
1. That the accused is on trial for an offense;
2. That he previously served sentence for another offense to which the law attaches an
equal or greater penalty, or for two or more crimes to which it attaches lighter
penalty than that for the news offense;
3. That he is convicted of the new offense.

Distinctions between Recidivism and Reiteracion:

PRICE, REWARD, OR PROMISE – in consideration of price, reward or promise.

BY MEANS OF INUNDATION, FIRE, ETC.

Any of the circumstances in paragraph 12 cannot be considered to increase the penalty

or to change the nature of the offense unless used by the offender as a means to accomplish a
criminal purpose.

EVIDENT PREMEDITATION
Requisites:
1. The time when the offender determined to commit the crime;
2. An act manifestly indicating that the culprit has clung to his determination; and
3. A sufficient lapse of time between the determination and execution, to allow him to
reflect upon the consequences of his act and to allow his conscience to overcome
the resolution of his will.

(There must be conscious planning; sufficient lapse of time; plan of action)

(Para makita kung may plano- tingnan ang motive, previous threat)

(Sa bank robbery inherent na ang evident premeditation pag nakapatay ka hindi na
Kailangan iraise yung evident premeditation kasi pasok na sa robbery yun)

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CRAFT, FRAUD, OR DISGUISE

Definitions:
Craft – involves the use of intellectual trickery or cunning on the part of the accused.
Fraud – involves the use of insidious words and machination, used to induce the victim
to act in a manner, which would enable the offender to carry out his design.
Disguise – involves resort to any device in order to conceal identity.

Craft distinguished from Fraud

SUPERIOR STRENGTH OR MEANS TO WEAKEN DEFENSE

Superior strength – to take advantage of superior strength means to use purposely,

excessive force out of proportion to the means of defense available to the person attacked.

TREACHERY

Treachery – there is treachery when the offender commits any of the crimes against the
person, employing means, methods or forms in the execution thereof which tend directly and
specially to insure its execution, without risk to himself arising from the defense which the
offended party might make.

SOME RULES ON TREACHERY:

1. Applicable only to crimes against the persons.

2. Means, methods, or forms need not insure accomplishment of crime.
3. The mode of attack must be consciously adopted.
4. Must be present at the proper time.

(May treachery kahit sa harap- depende sa lapit, kung malapitan, point blank pwedeng
may treachery andun kasi yung sudden attack) (pag madami tama=murder, lalo na pag
may tama sa likod i-murder agad) (treachery- means walang kalaban laban, walang
time idepensa ang sarili) (Pag natutulog- treachery rin pero need ng witness)

IGNOMINY (adding more insult to the victim, cruelty Kailangan buhay pa) (pag patay
na then hinati hati ang kawatan wala ng cruelty= scoffing of the dead na yun)

Ignominy is a circumstance pertaining to the moral order, which adds disgrace and
obloquy to the material injury caused by the crime. It must tend to make the effects of the
crime more humiliating or to put the offended party to shame.

UNLAWFUL ENTRY

There is unlawful entry when an entrance is effected by a way not intended for the
purpose. It must be a means to effect entrance and not for escape.

BY BREAKING WALL, ETC.

To be considered as an aggravating circumstance, breaking the door must be utilized as

a means to the commission of the crime.
AID OF MINOR (UNDER 15 YEARS); OR BY MEANS OF MOTOR VEHICLES, ETC.

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CRUELTY

There is CRUELTY when the culprit enjoys and delights in making his victim suffer slowly
and gradually, causing him unnecessary physical pain in the consummation of the criminal act.
Requisites:
1. That the injury caused be deliberately increased by causing other wrong.
2. That the other wrong be unnecessary for the execution of the purpose of the
offender.

IGNOMINY involves moral suffering while CRUELTY refers to physical suffering.

ALTERNATIVE CIRCUMSTANCES

Art. 15. Their concept. — Alternative circumstances are those which must be taken into
consideration as aggravating or mitigating according to the nature and effects of the crime and
the other conditions attending its commission. They are the relationship, intoxication and the
degree of instruction and education of the offender.

The alternative circumstance of relationship shall be taken into consideration when the offended
party in the spouse, ascendant, descendant, legitimate, natural, or adopted brother or sister, or
relative by affinity in the same degrees of the offender.

The intoxication of the offender shall be taken into consideration as a mitigating circumstances
when the offender has committed a felony in a state of intoxication, if the same is not habitual
or subsequent to the plan to commit said felony but when the intoxication is habitual or
intentional, it shall be considered as an aggravating circumstance.

Alternative circumstances – are those, which must be taken into consideration as

aggravating or mitigating, according to the nature and effects of the crime and the other
conditions attending its commission.
1. RELATIONSHIP
The alternative circumstance of relationship shall be taken into consideration when the
offended party is the :
a. spouse
b. ascendant
c. descendant
d. legitimate, natural or adopted brother or sister, or relative by affinity in the same
degree, of the offender.

WHEN MITIGATING AND WHEN AGGRAVATING

MITIGATING: As a rule, relationship is mitigating in crimes against property, by analogy

to art.332 regarding “persons exempt from criminal liability” of course in view of Art.332, when
the crime committed is: a) theft, b) estafa, or c) malicious mischief, relationship is exempting,
and not merely mitigating.

AGGRAVATING: It is aggravating in crimes against persons in cases where the

offended is a relative of a higher degree than the offender, or when the offender and the
offended party are relatives of the same level, such killing a brother-in-law, a half-brother, or an
adopted brother.

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 In crimes against chastity, relationship is always aggravating, regardless of whether the
offender is a relative of a higher or lower degree of the offended party.
However, relationship is neither mitigating nor aggravating, when relationship is an
element of the offense.

2. INTOXICATION
By state of intoxication is meant that the offender’s mental facilities must be affected by
drunkenness.

WHEN MITIGATING AND WHEN AGGRAVATING

1. MITIGATING: if intoxication is:

a) not habitual, or
b) not subsequent to the plan to commit a felony.

2. AGGRAVATING: if intoxication is:

a) habitual, or
b) if it is intentional (subsequent to the plan to commit a felony)

3. DEGREE OF INSTRUCTION AND EDUCATION OF THE OFFENDER

LOW DEGREE of instruction and education or lack of it is generally mitigating. HIGH

DEGREE of instruction and education is aggravating, when the offender availed himself of his
learning in committing the crime.
Lack of instruction or low degree of it, is appreciated as mitigating circumstance in
almost all crimes. EXCEPT in crimes, which are inherently wrong, of which every rational being
is endowed to know and feel.

PERSONS CRIMINALLY LIABLE

Art. 16. Who are criminally liable. — The following are criminally liable for grave and less
grave felonies:
1. Principals.
2. Accomplices.
3. Accessories.

A asked B to kill C with reward. B rent the Banka of D. D asked why he need his Banka,
B told D that he will kill C. B successfully killed is C. A is principal, B is Accomplice D is
accessories. (Sagot: lahat sila Principal) (Direct participation- B, Inducement –A , D-
indispensable yung bangka)

Mere presence of a person in a crime scene, without doing anything to stop the criminal
is considered PRINCIPAL

The following are criminally liable for light felonies:

1. Principals
2. Accomplices.

Art. 17. Principals. (during the commission) — The following are considered
principals:
1. Those who take a direct part in the execution of the act;
2. Those who directly force or induce others to commit it;

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 3. Those who cooperate in the commission of the offense by another act without which
it would not have been accomplished.

KINDS OF PRINCIPALS

1. PRINCIPAL BY DIRECT PARTICIPATION

Personally takes part in the execution of the act constituting the crime
Requisites:
1. That they participated in the criminal resolution
2. That they carried out their plan and personally took part in its execution by acts
which directly tended to the same end.

2. PRINCIPAL BY INDUCTION

The principal by induction becomes liable only when the principal by direct participation
committed the act induced.

TWO WAYS OF BECOMING A PRINCIPAL BY INDUCTION:

1. Directly forcing another to commit a crime, or
2. Directly inducing another to commit a crime.

TWO WAYS OF DIRECTLY FORCING ANOTHER TO COMMIT A CRIME:

1. By using irresistible force
2. By causing uncontrollable fear

TWO WAYS OF DIRECTLY INDUCING ANOTHER TO COMMIT A CRIME:

1. By giving price, or offering reward or promise
2. By using words of command

REQUISITES of PRINCIPAL BY INDUCEMENT, THROUGH GIVING PRICE, ETC.

1. 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
material executor.

REQUISITES OF PRINCIPAL BY INDUCEMENT THROUGH WORDS OF COMMAND:

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
5. The material executor of the crime has no personal reason to commit the crime.

3. PRINCIPAL BY INDISPENSABLE COOPERATION

REQUISITES OF PRINCIPAL BY INDISPENSABLE COOPERATION:

1. Direct participation in the criminal resolution and the intention to commit; and
2. Principal cooperates by performing another act without which it would not have been
carried out.

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 Art. 18. Accomplices. (during the commission) — Accomplices are those persons who,
not being included in Art. 17, cooperate in the execution of the offense by previous or
simultaneous acts.

ACCOMPLICES are persons who are present in the commission of the crime but are not
considered principals.
REQUISITES:
1. Offender knows the criminal design of the principals and concurs with the purpose;
2. He cooperates in the execution by previous or simultaneous acts and has the
intention to supply material or moral aid in the commission of the crime;
3. There must also be a relation between the acts of the principal and the acts of person
charged as accomplice.

Art. 19. Accessories. (after the crime yung participation nya) — Accessories are those
who, having knowledge of the commission of the crime, and without having participated
therein, either as principals or accomplices, take part subsequent to its commission in any of
the following manners:
1. By profiting themselves or assisting the offender to profit by the effects of the crime.
2. By concealing or destroying the body of the crime, or the effects or instruments
thereof, in order to prevent its discovery.
3. By harboring, concealing, or assisting in the escape of the principals of the crime,
provided the accessory acts with abuse of his public functions or whenever the author of the
crime is guilty of treason, parricide, murder, or an attempt to take the life of the Chief
Executive, or is known to be habitually guilty of some other crime.
Cite PD 1829, the law on obstruction of justice.

Art. 20. Accessories who are exempt from criminal liability. — The penalties
prescribed for accessories shall not be imposed upon those who are such with respect to their
spouses, ascendants, descendants, legitimate, natural, and adopted brothers and sisters, or
relatives by affinity within the same degrees, with the single exception of accessories falling
within the provisions of paragraph 1 of the next preceding article.

Conspiracy- when two or more person agreed to commit crime.

PENALTIES IN GENERAL

PENALTY is the punishment imposed by lawful authority upon a person who commits an
unlawful, deliberate or negligent act.
Art. 21.Penalties that may be imposed. — No felony shall be punishable by any penalty
not prescribed by law prior to its commission.

Art. 22.Retroactive effect of penal laws. — Penal Laws shall have a retroactive effect
insofar as they favor the person guilty of a felony, who is not a habitual criminal, as this term is
defined in Rule 5 of Article 62 of this Code, although at the time of the publication of such laws
a final sentence has been pronounced and the convict is serving the same.

Art. 23.Effect of pardon by the offended party. — A pardon by the offended party does
not extinguish criminal action except as provided in Article 344 of this Code; but civil liabilities
with regard to the interest of the injured party is extinguished by his express waiver.

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 CLASSIFICATION OF PENALTIES

Art. 25. Penalties which may be imposed. — The penalties which may be imposed
according to this Code, and their different classes, are those included in the following:
SCALE
Principal Penalties

Capital punishment:
Death.

Afflictive penalties:
Reclusion perpetua,
Reclusion temporal,
Perpetual or temporary absolute disqualification,
Perpetual or temporary special disqualification,
Prision mayor.

Correctional penalties:
Prisioncorreccional,
Arresto mayor,
Suspension,
Destierro.

Light penalties:
Arrestomenor,
Public censure.

Penalties common to the three preceding classes:

Fine, and
Bond to keep the peace.

ACCESSORY PENALTIES

Perpetual or temporary absolute disqualification,

Perpetual or temporary special disqualification,
Suspension from public office, the right to vote and be voted for, the profession or
calling.
Civil interdiction,
Indemnification,
Forfeiture or confiscation of instruments and proceeds of the offense,
Payment of costs.

Art. 48.Penalty for complex crimes. — When a single act constitutes two or more grave
or less grave felonies, or when an offense is a necessary means for committing the other, the
penalty for the most serious crime shall be imposed, the same to be applied in its maximum
period.

EXTINCTION OF CRIMINAL LIABILITY

TOTAL EXTINCTION OF CRIMINAL LIABILITY

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 Art. 89.How criminal liability is totally extinguished. — Criminal liability is totally
extinguished:
1. By the death of the convict, as to the personal penalties and as to pecuniary
penalties, liability therefor is extinguished only when the death of the offender occurs before
final judgment.
2. By service of the sentence;
3. By amnesty, which completely extinguishes the penalty and all its effects;
4. By absolute pardon;
5. By prescription of the crime;
6. By prescription of the penalty;
7. By the marriage of the offended woman, as provided in Article 344 of this Code.

Art. 90.Prescription of crime. — Crimes punishable by death, reclusion perpetua or

reclusion temporal shall prescribe in twenty years.
Crimes punishable by other afflictive penalties shall prescribe in fifteen years.
Those punishable by a correctional penalty shall prescribe in ten years; with the
exception of those punishable by arresto mayor, which shall prescribe in five years.
The crime of libel or other similar offenses shall prescribe in one year.
The crime of oral defamation and slander by deed shall prescribe in six months.
Light offenses prescribe in two months.
When the penalty fixed by law is a compound one, the highest penalty shall be made
the basis of the application of the rules contained in the first, second and third paragraphs of
this article. (As amended by RA 4661)

Art. 91.Computation of prescription of offenses. — The period of prescription shall

commence to run from the day on which the crime is discovered by the offended party, the
authorities, or their agents, and shall be interrupted by the filing of the complaint or
information, and shall commence to run again when such proceedings terminate without the
accused being convicted or acquitted, or are unjustifiably stopped for any reason not imputable
to him.

The term of prescription shall not run when the offender is absent from the Philippine
Archipelago.

Art. 92.When and how penalties prescribe. — The penalties imposed by final sentence
prescribe as follows:

1. Death and reclusion perpetua, in twenty years;

2. Other afflictive penalties, in fifteen years;
3. Correctional penalties, in ten years; with the exception of the penalty of arresto
mayor, which prescribes in five years;
4. Light penalties, in one year.

Art. 93.Computation of the prescription of penalties. — The period of prescription of

penalties shall commence to run from the date when the culprit should evade the service of his
sentence, and it shall be interrupted if the defendant should give himself up, be captured,
should go to some foreign country with which this Government has no extradition treaty, or
should commit another crime before the expiration of the period of prescription.

PARTIAL EXTINCTION OF CRIMINAL LIABILITY

Art. 94.Partial Extinction of criminal liability. — Criminal liability is extinguished partially:

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 1. By conditional pardon;
2. By commutation of the sentence; and
3. For good conduct allowances which the culprit may earn while he is serving his
sentence.

Art. 95.Obligation incurred by person granted conditional pardon. — Any person who
has been granted conditional pardon shall incur the obligation of complying strictly with the
conditions imposed therein otherwise, his non-compliance with any of the conditions specified
shall result in the revocation of the pardon and the provisions of Article 159 shall be applied to
him.

Art. 96.Effect of commutation of sentence. — The commutation of the original sentence

for another of a different length and nature shall have the legal effect of substituting the latter
in the place of the former.

Art. 97.Allowance for good conduct. — The good conduct of any prisoner in any penal
institution shall entitle him to the following deductions from the period of his sentence:
1. During the first two years of his imprisonment, he shall be allowed a deduction of five
days for each month of good behavior;
2. During the third to the fifth year, inclusive, of his imprisonment, he shall be allowed a
deduction of eight days for each month of good behavior;
3. During the following years until the tenth year, inclusive, of his imprisonment, he shall
be allowed a deduction of ten days for each month of good behavior; and
4. During the eleventh and successive years of his imprisonment, he shall be allowed a
deduction of fifteen days for each month of good behavior.

Art. 98.Special time allowance for loyalty. — A deduction of one-fifth of the period of his
sentence shall be granted to any prisoner who, having evaded the service of his sentence under
the circumstances mentioned in Article 58 of this Code, gives himself up to the authorities
within 48 hours following the issuance of a proclamation announcing the passing away of the
calamity or catastrophe referred to in said article.

Art. 99.Who grants time allowances. — Whenever lawfully justified, the Director of
Prisons shall grant allowances for good conduct. Such allowances once granted shall not be
revoked.

INFER

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