- The mere intention or preparation to commit

VIDEO 6 - CHAPTER 6 – Stages of a crime does not constitute an attempt. The

Execution of a Crime; and intention must be translated into action e.g.,
the placing of gasoline, hiding in the bushes
Circumstances affecting Criminal waiting to ambush someone, and then you
were caught by the police, so attempted yan
Liability - Goal: the goal is not achieved, so its negative.
The reason: some causes other than his own
1) A group of nurses are studying the case of a 16-year-
spontaneous desistance or determination. So
old nursing student who was accused of frustrated
ibig sabihin hindi sya nag stop on his own will,
homicide. Benny can determine their understanding
but he was stopped because of some
of circumstantial evidence if they can identify which
circumstances.
of the following in the case?
2) Frustrated crime
a) Justifying circumstances
- When the offender performs all the acts of
b) Exempting circumstances
execution which would produce the felony as
c) Aggravating circumstances
a consequence, but which nevertheless, do
d) Mitigating circumstances
not produce it by reason of causes
independent of his will.
The answer is letter D – the reason why letter D is
- Execution: complete (the objective phase has
because nursing students and physicians, when they
been done so meaning its already outside 0f
make a mistake or medical error in the hospital, it is
the offender’s control). Nabaril mo na yung
always presumed that they have no intention to cause
tao, so the bullet has already entered the
the wrong that they have committed (ang tawag dyan
body of the person you intended to kill.
sa law is “Preater Intentionem”.
- Goal: goal is negative (reason: independent of
the will of the perpetrator)
2) The manifestations of battered woman syndrome is
- Usually, in shooting cases, such as using guns,
analogous to an illness that diminishes the exercise
if you hit a part of the body that is not vital,
of will power. Hence of a woman killed her abusive
attempted murder or attempted homicide
husband while he was sleeping after he had
can be the case because if its non-vital part
repeatedly physically and sexually assaulted her,
then there’s no chance of death. However, if
what circumstances is present?
you hit a part of the body that is vital (lungs,
a) Justifying circumstance
heart, liver, brain), but still it does not result
b) Mitigating circumstance
tot eh death of the victim, that is considered
c) Aggravating circumstance
frustrated murder or frustrated homicide
d) Alternative circumstance
maybe. Because it may have caused death but
the reason why it didn’t, is beyond the control
Mitigating circumstance is something that decr3eases
of the perpetrator. But if it caused death,
the penalty for a crime and this is one of them (the
consummated crime nay un.
question #2)
- Example: a person, intending to kill another,
puts poison into the latter’s soup and the
STAGES OF EXECUTION OF A CRIME (Article 6 of latter actually takes the soup but does not die
Revised Penal Code RA 3815) because of the timely assistance of the
physician
1) Attempted crime 3) Consummated crime
- When the offender commences the - All the elements necessary for its execution
commission of a crime directly by OVERT acts, and accomplishment are present
and does not perform all the acts of execution - Execution: complete
which should produce the felony, by reason - Goal: accomplished
of some cause or accident other than his own - Example: poison of the soup kills victim, or
spontaneous desistance or determination. the bullet hits a vital organ and caused death
- Example: a person, intending to kill another,
puts poison into the latter’s soup but the CIRCUMSTANCES AFFECTING CRIMINAL LIABILITY
latter does not take the soup (RA 3815: Revised Penal Code of 1930)
- Another example is when a suspect wants to
burn the building and has already put gasoline
A) JUSTIFYING CIRCUMSTANCES (ARTICLE 11)
on the building, but before he could light it on
- Are facts which are completely vindicate (justifies)
fire, he was apprehended by the policemen.
a person in his act
So, the placing/putting of gasoline to the
- NO: crime involved, criminal liabilities, civil
building is already a preparatory act and is
liabilities, except paragraph 4 (double effect) (as
already constituted an attempted stage.
there is “damage topnotches-injury to persons
- In the attempted stage – execution is already
advantages to property”) (p 209, Reyes, 2017)
incomplete (subjective phase not yet
passed/within offender’s control)
Under Article 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.
- 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.
For sir, these three paragraphs of this article is the
most important article in the revised penal code.
Because this is the provision on self-defense. If all
three elements are present, then you will be
justified in repelling or killing a person who tried to
kill you.
- The most important of these elements is
unlawful aggression. There must be someone
trying to kill or injure you, to justify what you
did.
- The unreasonable necessity of the means
employed – that means the force you used to
repel the aggression must be reasonable (ex.
Matandang babae that tried to hurt you, you
cannot justify by shooting the person)
- Lack of sufficient provocation on the part of the
person – that means you didn’t start the fight,
you didn’t intimidate anyone. So if you are in a
bar and you killed someone, its very difficult
because the lack of sufficient provocation is
questionable because we are not sure who
started what.
2) Any one who acts in defense of the person or
rights of his spouse, ascendants, descendants, of
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 circumstances
are present, and the further requisite, in case of
provocation was given by the person attacked,
that the one making defense had no part therein.
(yung pinaka imporatanteng part ng self-defense
is unlawful aggression. There must be an
aggression or attempt to kill or injure upon you or
upon your relative, the one describe in this case.
- Paragraph 1 – self-defense
- Paragraph 2 – defense of your relative within
the forth civil degree of an sanguinity. For
example, if your father started a fight int eh
market place and he is being ganged upon by
about 5 people, then you can defend your
father (defense of relative), even if your father
was the one who started the fight, of course
the law can’t expect you to sit while your
relative is being killed/injured, so you can’t
injure the person trying to hurt your father,
provided that you, the one defending, did not
participate in starting the fight.
- So again, the most important part of self-
defense is defense of relative, which is
unlawful aggression. Dapat merong unlawful
aggression – how to prove? Dapat may sugat
ka rin to prove that you have been injured or
may video showing you are the one being
bullied or provoked or being injured.
- If all the elements are present, tawag dun is
complete self-defense or defense of relative –
so that means hindi ka ma imprison. However
if unlawful aggression is present but then
missing yung another element, like example,
yung papa mo is the one provoked the fight
and then it was you who participated in the
provocation, and then you killed the 5 people,
is that still defense of relative? YES. But itrs not
longer complete because missing one element,
which is katong dapat wala ka nag participate
in the provocation, but since you participated,
so minus 1 element na, but still there is
unlawful aggression, there’s still reasonable
means, but you participated in the
provocation, so that will be incomplete
defense of relatives. So that means you will be
going to jail but with a reduced sentence.
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 Article are present and that the person
defending be not included by revenge, resentment,
or other evil motive.
- Paragraph 1 – self-defense
- Paragraph 2 – defense of your relative
- Paragraph 3 – defense of a stranger. Like you
are walking down the street, then you saw a
person being injured or killed by another
person, you can injure or kill the person
attacking them, defense of a stranger ang tawag
dun. Provided that the elements are present:
unlawful aggression, reasonable means, and it
imposed an additional element that you were
not motivated by revenge, resentment or evil
motive.
- So yun, if you saw someone on the street na
dimo kilala but being injured by someone you
also don’t know, so to prevent the injured
person from dying, you actually punched the
person and so you stopped the incident. This is
complete defense of stranger. However, if you
saw a person being injured and you saw that
the one injuring the person is a childhood
enemy of yours, tsaka pinatay mo yun, because
may opportunity ka to kill your childhood
enemy, so now you are motivated by resent,
revenge or other evil motive.
- So what happened is that instead of 3 elements,
you only have 2 (unlawful aggression,
unreasonable means), nawala yung last
element. Will you go to jail? YES, but on a
reduced sentence.
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.
- For example you are driving a car, and you’re
your brakes were hit by a lightning, and you had
an option of falling in a cliff or running over
someone on the other side of the road, then
you chose to run over someone in order not to
kill yourself, so this is an example of that. An
example of a double effect. where it is not really
an accident but you had to kill someone to save
yourself. There’s no self-defense involve, its just
a matter of double effect. So what happens
there, you killed someone because your brakes
malfunctioned, so you had to run over people in
order not to fall in a cliff. Will you go to jail? NO,
but you have to pay for civil damages. You will
have to pay for the value of the lives na imong
gi run over.
5) Any person who acts in the fulfillment of a duty or
in the lawful exercise of a right or office.
- For example, a police man who shot a criminal
who is robbing a bank and shooting at him,
ano yan considered as justifying circumstances.
So the police will not go to jail, no civil liability.
6) Any person who acts in obedience to an order
issued by a superior for some lawful purpose.
- Foe example, soldier being told by a superior
to pursue a rebel unit, then he pursued and
killed some rebels, but he will not be liable
under paragraph 6. But if those soldiers where
ordered to kill rebels but they killed civilians
knowing that they were civilians so they will be
liable and no excuse sa paragraph 6. What’s
the difference? Because the order was
unlawful. Provided na yung order na finollow
mo is lawful then you will not be held liable.
Pursuing rebels is a lawful order, but pursuing
civilians on the other hand, that’s an unlawful
order, so you will be held liable and will go to
jail, and you cannot find solace or defense in
paragraph 6.
B) EXEMPTING CIRCUMSTANCES (Article 12)
- There is a crime, but no criminal, so there is not
criminal liability, but there is civil liabilities, except
paragraph 4 (accident)
1) An imbercile 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
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. (so if a
person who is insane committed the crime
during period of insanity, then he will not
be held liable. Why? “Actus Non Facit
Reum, Nisi Mens Sit Rea” - An act done by
me against my will is not my act. So if a
person kills another because of his mental
illness, he will not be held liable for
something he had no control of. But if it is
proven in court that even though naa syay
schrizopenia, but it was proven that he
committed the crime with resemblance of
intelligence, for example he wrapped a
knife in newspaper, and locked the door
before he killed the boss. So these are
signs of intelligence. He negotiated with
the police for safe surrender before he did
so, intelligence yun. So it means he wasn’t
insane when he killed someone. If there
are signs of intelligence when he
committed that crime, that will nullify any
defense of insanity.
2) A person under 9 years of age.
- Will be exempting circumstance, but karon
murag amended na na its no longer 9, but
15 years old na. So persons committed a
crime under 15 will be considered
exempting circumstances.
- What does it mean by exempting
circumstance? – it means if you cannot
prosecute them, they cannot be held guilty
of a crime. So ang mabuhat is rehabilitate
lang, consulting with the psychiatrist.
- Now, you may disagree with the law or
not, or you may see that it is not wise but
as lawyers, we are bound by the law and
we are bound to enforce it.
3) A person over 9 years of age and under 15,
unless he has acted with discernment, in which
case, such minor shall be proceeded against in
accordance with the provisions of Article 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 the Article 780.
4) Any person who, while performing a lawful act
with due care, causes an injury by mere
accident without fault or intention of causing
it.
- For example, you are driving at a decent
speed, and then the motorcycle in front of
you suddenly collapsed in the ground, and
to avoid the motorcycle, you swirled your
vehicle and no matter you carefully did it,
you hit another vehicle. And the two of
you suffered injuries, then that’s an
accident. Ibig sabihin, walang criminal or
civil case. Normally, in exempting
circumstance, there will be liabilities but
 since this is an exemption because
accident. Why accident? Because “caso
fortuito” – it is beyond the control of the
party.
5) Any person who act under the compulsion of
irresistible force.
- If you were compulsion of irresistible
force, that mean that you were forced. For
example, the gun man held your hand and
made you hold the gun, and held your
hand and pushed your finger so that you
will kill another person, then hindi mo
kasalanan yun. Because technically it was
the gunman who sued his strength to
overpower and made you do the motion to
kill another person. So exempting
circumstance yun.
6) Any person who acts under the impulse of an
uncontrollable fear of an equal or greater
injury.
- Example, there’s a gun sa imong head,
and if dili ka mo kill ug another, then iakw
ang patyon.
7) Any person who fails to perform an act
required by law, when prevented by some
lawful insuperable cause.
- For example, you accidentally hit a child
with your car on a rainy day. You got out
of your car to help the child but upon
getting out, you realized that the entire
barangay or child’s relatives are now
carrying something and threatening your
life. So if you had gone on to help the
child, you would have been killed or
injured, so you left the premises and
report tot eh police station. Walay crime.
If there is insuperable cause (danger to
your life) caused by violent or aggressive
relatives.
FYI:
- If person was insane during the crime, tapos he
became sane later on. He can’t be tried or sent to
hospital. Because what matters is that during the
commission of the crime, he was insane, so there is
no crime thus, exempting circumstance yan.
- If he was sane during the crime, then became
insane later on, he will be hospitalized, but if na
okay na sya, he will have trial in court. Because
during the crime, sane sya but then nagging insane
sya later on, so need niya I hospitalize. If na okay
na sya, back to trial.
- If the person is insane during the crime and still
insane later on – mental hospital.
C) MITIGATING CIRCUMSTANCES (Article 13)
- Facts which reduce penalty
- They are based on the diminution of free will,
intelligence, and intention on the part of the
offender. (Remember this are the 3 things
important to constitute a crime – will, freedom,
and intent)
- So, if any of those 3 are reduced, not eliminated,
then you have yourself a mitigating circumstance.
One which could decrease the severity and penalty
of the crime.
Article 13. Mitigating Circumstances – The following
are mitigating circumstances:
1) Those mentioned in the preceding chapter, when
all the requisites necessary to justify or exempt
from criminal liability in the respective cases are
not attendant.
- So merong justifying circumstance or
exempting circumstance na may missing 1 or 2
elements, ay pwede maging mitigating
circumstance. For example, self-defense. May
lawful aggression sayo, you didn’t provoke the
fight but then sobra yung force na ginamit mo.
Like a person tried to stabbed you with a knife
but you used a grenade to kill the person. So
unreasonable ng means thus, that could not be
complete justifying circumstance, but only a
mitigating circumstance. You’ll go to jail but
on reduced sentence.
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 Article 80.
- More than 70 yrs old, mitigating yan, that
mean reduced sentence. Sa minor, depends
on what the crime is but if its below 18.,
usually the law of Phil if focused on
rehabilitating minors like sa drugs, ipa rehab
sila for 6 months and if ma okay or compelte
and rehab, you will be set free. But after that
one time, na rehab ka and naka laya ka below
1 yr, then na caught nasab ka using drug
again, then you cannot avail because you are
no longer a minor. But even if you are a minor
and do it second time around, the drug case,
you can be prosecuted.
- The courts and the laws usually shows
leniency to minors even if they are convicted
for example. Real case: kid below 18 yrs old
was charged with rape. He can go to jail
already but sa mitigating circumstance so
reduce ang penalty
3) That the offender had no intention to commit so
grave a wrong as that committed.
- Usually tawag ani is Preater intentionem –
usually a circumstance given to doctors and
nurse when they commit errors in the
hospital. Wala naming nurse//doctor na ang
intent ng harm sa patient. Well, that’s a
presumption, unless you can prove otherwise.
- So presumption – no intent to do harm sa
patient, so if they do make mistake, may
mitigating circumstance of paragraph 3 of
preater intentionem - No intent to cause
wrong.
4) That sufficient provocation or threat on the part of
the offended party immediately preceded that act.
 - For example you killed a man because you
were being provoked, that still wont justify
what you did but that could reduce your
penalty.
5) That the act was committed in the immediate
vindication of a grave offense to the one
committing the felony (delto), his spouse,
ascendants, or relatives by affinity within the same
degrees.
- For example, someone killed your father in
front of you and you knew who the person
who killed your father. So, you went sa house
sa nipatay and you killed him. Is that
justifying? NO. is that exempting? NO. is that
mitigating? YES, immediate vindication of a
grave offense. But the keyword here is it
must be immediate. So if pinabot mo pa ng 3
days or 1 week, wala nay un. Why? 3 days or
1 week, nakalma kana dun. So now your
intelligence takes over and you know what
youre doing. That’s not immediate
vindication, that’s cold-blooded murder.
- Immediate vindication of a grave offense
takes into account that your ae blinded by
emotional age for what you did, that’s why
the penalty is reduced. So if sufficient time
has elapsed before the crime was committed,
so this is not applicable na.
6) That of having acted upon an impulse so powerful
as naturally to have produced passion or
obfuscation.
- For example, jealousy. A thing that can cause
passion or frustration. Or extreme anger, like
youre walking on the mall and suddenly you
saw the person who owes you 500K and hindi
nagbayad sayo pero ang shopping spree, sa
grabeng galit mo you were able to kill the
person? Justifying bay un? NO. but if you raise
sa defense your tremendous anger, that can
be a mitigating circumstance
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
- Actually, 2 mitigating circumstances dito,
which are (1) voluntarily surrender (2)
voluntary confession of guilt. Now when to
surrender in order to have mitigating
circumstance, dapat mag surrender ka
voluntarily. Pero if ang police nana sa imong
house ga surround with hands, and tsaka
kapa nag surrender, di nay un voluntary.
Bakit? Kasi di ka ang surrender, you can be
hurt or arrested anyway. So voluntary
surrender before the police have gone after
you, yun yung voluntary surrender.
- The essence of the law is the saving of
money/resources and time on part of the
government.
- So kapag nag voluntary surrender ka, na
reduce and expenditure ng gobyerno, so you
don’t have to pay for the gas of the police
men to travel from where you are to arrest
you. So, like the officers didn’t have to be
with guns and scheduled to arrest you. So, in
short, you saved them the time. So, when you
voluntarily confess, you confess to guilt
before the prosecution present evidence.
- Sa trial, before the arrangement, basahan ka
ng charges mo, and if you want to avail of the
mitigating circumstance then you confess
your guilt before the prosecution presents
evidence. This is because you have saved
them some time and money and effort on the
part of the state. Like and judge ba kaha and
etc., so that entitles you to reduction of
sentence.
8) That the offender is deaf and dumb, blind or
otherwise suffering some physical defect which
thus restricts his means of action, defense,
communication with his fellow beings.
- If you killed someone and you have a defect
like nakay fracture or blind ka, then you have
that infirmity in action that limits your
mobility so that leads you to mitigating
circumstance, which is reduction of sentence.
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, chan robles virtual law library.
- Example: kleptomaniac ka, but you still have a
control but you have a impulse to spill. To if
you raise that as a defense, pwede yan.
10) And, finally, any other circumstances of a similar
nature and analogous to those above mentioned.
D) AGGRAVATING CIRCUMSTANCES (Article 14)
- Aggravating circumstance are circumstances that
show that you are a great perversity, na ikaw ay
isang walang hiyang criminal talaga.
- Increase the penalty of the offender
Article 14. Aggravating Circumstances – The following
are aggravating circumstances:
1) That advantage be taken by the offender of his
public position
- Example – high-ranking official ka tapos
nangurakot ka.
2) That the crime be committed in contempt or with
insult to the public authorities.
- Example – you killed a public official
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.
 - What do you mean by rank? Example – when
you hurt someone, specifically because of the
rank. Like principal ng paaralan. Like you beat
the person knowing he/she is the principal.
- Age? You killed an order person because you
took advantage of the fact na mas old sya.
- Sex? Usually female ni sya. Like you killed a
female taking advantage that she is the
weaker gender, or has committed in the
dwelling of the attending a party. You killed
someone in their own house.
4) That the act be committed with abuse of
confidence or obvious ungratefulness.
- Example – driver ka tas you killed ang may-ari
ng bahay, which is your boss.
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 a religious
worship.
- Example – you killed someone in front of the
president, that can be considered as
aggravating circumstance. Or you libeled
someone in the city hall, that’s republic
authority engaged in the discharge of his
duties. Or like you committed a crime in
church.
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.
- example – you chose to commit crime at night
because you want to protect your identity, so
aggravating yun. But dapat it must be shown
that you intended to use the cover of
darkness to cover the crime. But if
coincidence lang na na happen ang crime sa
gabie, then dili sya aggravating circu.
- Uninhabited place – for example, you killed
the people there, aggravating circu yan, like in
the middle of the sea, forest.
- Band – 4 or more people na armed when you
committed a crime.
- 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.
- Conflagration – fire
- For example, COVID-19, and you took
advantage of the epidemic in order to sell
your goods at a higher price set by the law, so
aggravating circu sya.
8) That the crime be committed with the aid of armed
men or persons who insure or afford impunity.
- Difference between aid of armed men or
persons? Sa band, all of you participated in
the crime, and yan na yung armed men.
- So for example, you are a very short person,
and you bullied someone na mas taas nimo.
So this person could have beaten you but
he/she chose not too. and yung short person
gibugbug ang mas taas sa iyaha, how? Kay
daghan man bodyguard ang short sa likod so
maong rason why this person who was taller
sa imoha kay mahadlok mo laban. So this is an
example of a crime committed with the aid of
armed men. Although ang armed men wala
nag participate, but they were there to
intimidate you, so aggravating circu yun.
9) That the accused is a recidivist.
- Recidivist – 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.
- Ex-convict
- Why same title? Because example you
committed a crime of homicide and you’ve
previously been convicted with murder, then
recidivist yan, and aggravating circu.
10) That the offender has been previously punished
by an offense to which the law attached equal to
greater penalty or for two or more crimes to
which it attached a lighter penalty (jig:
reiteracion)
- Now, if you committed a crime, and before
you have been punished for crimes not
belonging to the same title, so for example
nakapatay ka ron but before penalty nimo is
corruption. So dili sila related or same title, so
maong reiteracion (Spanish pag basa), so still
an aggravating circu in reducing your penalty.
11) That the crime eb committed in consideration of a
price, reward, or promised.
12) That the crime be committed by means of
inundation (flooding), fire, poison, explosion,
stranding of a vessel or international damage
thereto, derailment of a locomotive, or by use of
any other artifice involving great waste and ruin.
- Example – bombing. Use of bomb to kill
many people.
13) That the act be committed with evident
premeditation.
- Talagang plinano mo yugn criem mo.
- Example – yung notebook na ginamit ng lead.
The sister was ablet o locate the notebook
used by the killer/rapist enduring the victim.
So the fact na may notebook kana na ganun,
you planned what you did, so tahts
aggravating circu.
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.
- Example – nilasing mo yung target mo before
mo pinatay yung person. So aggravating
circu sya
16) That the act be committed with treachery
(alevosia)
- Treachery? – that means you used means in
which you can inflict harm without the harm
being inflict upon yourself.
- Example – nilasing mo yung target,
nakatulog sya, then you stabbed the person.
Treachery ron.
- But if nilasing mo sya, di sya nakatulog but
he/she was weakend, then pinatay mo, then
paragraph 15 sya. Because you just
employed means to weaken the patient. you
can still fight sa trial but not very effective. If
ever I compare ang parag 15 ug 16, talagang
walang kalaban2, then alevosia or treachery
yan.
- 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.
- Other example – if you employ drugs to
paralyze the target before you kill him, then
that’s treachery.
17) That means be employed or circumstances
brought about which add ignominy to the natural
effects of the act
- Ignominy – acts of suffering inflicted that are
unnecessary or additional acts of suffering.
- Example – this guy before killing a person, he
slashed multiple cuts int eh body and poured
salt on it to increase the pain, that’s
considered as ignominious action.
18) That the crime be committed after an unlawful
entry.
- There is unlawful entry when an entrance of a
crime a wall, roof, floor, door, or window be
broken.
- When you say the door is broken, you don’t
mean literally na amy pintoan an nasira, like
example ang lock sa door is tali lang ng lubid,
and if you cut the robe to gain entrance sa
balay, then it can be called unlawful entry.
And not to mention you committed a crime in
the dwelling of the victim. That’s two
aggravating circu already.
20) That the crime be committed with the aid of
persons under 15 years of age by means of
motor vehicles, motorized watercrafts, airships,
or other similar means. (As amended by RA
5438).
- kakontyaba nimo ang isa ka minor de edad, or
you used to get away vehicles. That’s aggravating
circu
21) That the wrong done in the commission of the
crime be deliberately augmented by causing
other wrong not necessary for its commission.
- difference between paragraph 21 and
ignominy? – parag 21 is the act which
increase the suffering of the victim. So
example. Yung cuts then you poured salt.
Ignominious act on the other hand, an
example ani is a real case: this person is high
on drugs and smashed a vase sa iyang
girlfriend na head, then while ga bleed ug
taman ang head niya, he inserted his penis
into her anus, and raping her until she died.
So that’s an act of ignominy. So aside from
smashing her head with a vase, you actually
committed a shameful act upon her body. So
ignominious acts yun that constitutes an
aggravating circu. That is the difference
between ignominy and acts which means to
increase the suffering of the victim under
parag 21.
E) ALTERNATIVE CIRCUMSTANCES (Article 15)
- Could be aggravating or mitigating, so pwede to
decrease or increase the penalty depending
upon the circumstance
- Facts of case are taken into consideration
Article 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.
- There are 3 alternative circumstance in Article 15,
and those are:
 Education – if a person is uneducated, say
native, and di nay alamw ays fo the world,
then he stole a bread form a shop, pwede
sya mitigating because he did not know any
better. But when the native kills/rapes, then
that’s aggravating circu. Reason is, those are
universal crimes, and even if you are
uncivilized, you know that it is unnatural
wrongful act to kill someone. If you are
highly educated person and you used that to
defraud the government, or like nangurakot
ka, then that’s aggravating circum.
 Intoxication – if you kill someone while
drunk ka, mitigating circumstance. But if
drunk yourself to have the bravery to kill
someone, that’s aggravating circumstance. In
order to be mitigated or to reduce the
penalty, the intoxication must not be
habitual, dpat di ka sunog baga or drunkard.
 Kay if habitual drunkard ka, then how will
the court know if you are habitual drunkard?
Testimony ng mga kainuman mo. If someone
from the brgy can testify na you are always
drinking with them, then you are a habitual
drunkard, and the fact that you are drunk
when you killed someone becomes and
aggravating circum. But if you drunk only
once and killed someone out of anger,
pwede ma argue as mitigating circums.
- 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
circums.
- Pano yung crime ng rape? What if the
rapist was drunk when he committed
the crime? Recent studies have shown
that if you are intoxicated enough, that
penis will not erect. So the fact na ang
erect ang penis so that means you are
not really that drunk, and you are not
really intoxicated, so that’s failure of
defense.
 Relationship – if you kill a relative within the
forth civil degree (mother, child) is called as
parricide, so that’s an aggravating circu. So
like if a son kills his father, that’s an
aggravating circu, and if the father kills his
son out of anger, mitigating circums. So
depending on the scenario jud. like if your
ape someone who’s your relative, whether
ascending or descending relative, its tsill an
aggravating circums.
- 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 offender.