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CRIMINAL LAW - that branch or division of law which defines crimes, treats of their nature and provides for their punishment. CHARACTERISTICS OF CRIMINAL LAW 1. GENERAL - it is binding on all persons who live or sojourn in the Philippine territory (Art. 14, NCC) EXCEPTIONS: a) Treaty stipulations b) Laws of preferential application c) Principles of Public International Law. The following persons are exempted: a. Sovereigns and other chief of state b. Ambassadors,ministers, plenipotentiary, minister resident and charges d’affaires. law of nations defined in Title One of Book Two. EXCEPTION TO THE EXCEPTION: Penal laws not applicable within or without Philippine territory if so provided in treaties and laws of preferential application. (Art.2, RPC) 3. 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. EXCEPTION TO THE EXCEPTION a) The new law is expressly made inapplicable to pending actions or existing causes of actions. b) Offender is a habitual criminal. LIMITATIONS ON THE POWER OF CONGRESS TO ENACT PENAL LAWS: 1. No ex post facto law shall be enacted 2. No bill of attainder shall be enacted 3. No law that violates equal protection clause of the constitution shall be enacted 4. No law which imposes cruel and unusual punishments nor excessive fines shall be enacted. THEORIES IN CRIMINAL LAW 1. Classical Theory basis of criminal liability is human free will. Under this theory, the purpose of penalty is retribution. The RPC is generally governed by this theory. 2. Positivist Theory – basis of criminal liability is the sum of the social and economic phenomena to which the actor is exposed wherein prevention and correction is the purpose of penalty. This theory is exemplified in the provisions regarding impossible crimes and habitual delinquency.
vice-consuls and other commercial representatives of foreign nation cannot claim the privileges and immunities accorded to ambassadors and ministers.
2. TERRITORIAL – penal laws of the
Philippines are enforceable only within its territory. EXCEPTIONS: (Art. 2, RPC) i.e., enforceable even outside Philippine territory. 1) Offense committed while on a Philippine ship or airship 2) Forging or counterfeiting any coin or currency note of the Philippines or obligations and securities issued by the Government. 3) Introduction into the country of the above-mentioned obligations and securities. 4) While being public officers or employees should commit an offense in the exercise of their functions. 5) Should commit any of the crimes against national security and the
CRIMINAL LAW COMMITTEE
CHAIRPERSON: Mark David Martinez EDP: Elaine Masukat ASSISTANTS: Catherine Danao, Albert Rodriguez, Claro Regino Sampaga, Gizelle Lou Cabahug, Mary Karen Quizon, Leo San Juan, Ma. Victoria Yambao, Ryan Lita, Bayani Brillante, Jr.
2005 CENTRALIZED BAR OPERATIONS
3. Eclectic or Mixed Theory –
combination of positivist and classical thinking wherein crimes that are economic and social in nature should be dealt in a positive manner; thus, the law is more compassionate. PRELIMINARY TITLE ART. 2 – APPLICATION OF ITS PROVISIONS RULES ON VESSELS: 1.) Philippine vessel or aircraft. Must be understood as that which is registered in the Philippine Bureau of Customs. 2.) On Foreign Merchant Vessels ENGLISH RULE: Crimes committed aboard a vessel within the territorial waters of a country are triable in the courts of such country. EXCEPTION: When the crimes merely affect things within the vessel or when they only refer to the internal management thereof. FRENCH RULE: GENERAL RULE: Crimes committed aboard vessel within the territorial waters of a country are not triable in the courts of said country. EXCEPTION: When their commission affects the peace and security of the territory or when the safety of the state is endangered.
ART. 3 – FELONIES Felonies – are acts punishable by the RPC. or omissions
ELEMENTS OF FELONIES (GENERAL) 1. there must be an act or omission ie, there must be external acts. 2. the act or omission must be punishable by the RPC. 3. the act is performed or the omission incurred by means of dolo or culpa. “NULLUM CRIMEN, NULLA POENA SINE LEGE” - there is no crime where there is no law punishing it. CLASSIFICATION OF FELONIES ACCORDING TO THE MEANS BY WHICH THEY ARE COMMITTED:
1. Intentional Felonies – the act is
performed with deliberate intent or malice. Requisites of DOLO or MALICE: a. Freedom b. Intelligence c. Criminal Intent Mistake of Fact – is a 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. Requisites of mistake of fact as a defense: a. That the act done would have been lawful had the facts been as the accused believed them to be. b. That the intention of the accused in performing the act should be lawful. c. That the mistake must be without fault or carelessness on the part of the accused.
In the Philippines, we follow the
In the case of a foreign warship, the
same is not subject to territorial laws. TITLE ONE: FELONIES AND CIRCUMSTANCES WHICH AFFECT CRIMINAL LIABILITY Chapter One: Felonies (Arts. 3-10)
Felonies - performed without malice. Requisites of CULPA: a. Freedom b. Intelligence c. Negligence and Imprudence
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE CHAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
San Beda College of Law
REASON FOR PUNSHING ACTS OF NEGLIGENCE: A man must use common sense and exercise due reflection in all his acts; it is his duty to be cautious, careful and prudent. Mala Prohibita - the class of crimes punishable by SPECIAL 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. MALA IN SE vs. MALA PROHIBITA MALA MALA IN SE PROHIBITA
1. As to moral trait of the offender The moral trait is considered. Liability will arise only when there is dolo or culpa. The moral trait of the offender is not considered. It is enough that the prohibited act was voluntarily done. Good faith is not a defense.
6. As to what laws are violated
Violation of the RPC (General rule)
Violation of Special Laws (General rule)
Intent distinguished from Motive INTENT MOTIVE
1. Is the purpose to use a particular means to effect such result 2. Is an element of the crime, except in unintentional felonies (culpable) 3. Is essential in intentional felonies 1. Is the moving power which impels one to act 2. Is element crime NOT of an the
2. As to use of good faith as a defense 3. As to degree of accomplishment of the crime 4. As to mitigati ng and aggravat ing circumstances 5. As to degree of participation
Good faith or lack of criminal intent is a valid defense; unless the crime is the result of culpa. The degree of accomplishment of the crime is taken into account in punishing the offender. Mitigating and aggravating circumstances are taken into account in imposing the penalty. When there is more than one offender, the degree of participation of each in the commission of the crime is taken into account.
3. Is essential only when the identity of the perpetrator is in doubt
ART. 4 – CRIMINAL LIABILITY
The act gives rise to a crime only when it is consummated.
PAR. 1 - Criminal Liability for a felony different from that intended to be committed REQUISITES: a) That an intentional felony has been committed. b) 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 without which the result would not have occurred. Thus, the person is still criminally liable in: 1. Error in personae- mistake in the identity of the victim. 2. Abberatio ictus – mistake in the blow.
Mitigating and aggravating circumstances are generally not taken into account. Degree of participation is generally not taken into account. All who participated in the act are punished to the same
CRIMINAL LAW COMMITTEE
CHAIRPERSON: Mark David Martinez EDP: Elaine Masukat ASSISTANTS: Catherine Danao, Albert Rodriguez, Claro Regino Sampaga, Gizelle Lou Cabahug, Mary Karen Quizon, Leo San Juan, Ma. Victoria Yambao, Ryan Lita, Bayani Brillante, Jr.
2005 CENTRALIZED BAR OPERATIONS
3. Praeter intentionem – lack of intent to commit so grave a wrong. PAR. 2 (IMPOSSIBLE CRIME) REQUISITES: a) That the act performed would be an offense against persons or property. b) That the act was done with evil intent. c) That its accomplishment is inherently impossible, or that the means employed is either inadequate or ineffectual. d) That the act performed should not constitute a violation of another provision of the RPC. ART. 6 – CONSUMMATED, FRUSTRATED & ATTEMPTED FELONIES
c) The offender’s acts are not stopped
by his own spontaneous desistance.
DESISTANCE - is an absolutory cause which negates criminal liability because the law encourages a person to desist from committing a crime. - this is applicable only in the attempted stage. OVERT ACTS – Some physical activity or deed, indicating intention to commit a particular crime, more than a mere planning or preparation, 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. INDETERMINATE OFFENSE: One where the purpose of the offender in performing an act is not certain. The accused maybe convicted for a felony defined by the acts performed by him up to the time of desistance. 2 STAGES IN THE DEVELOPMENT OF A CRIME: 1) Internal acts Such as mere ideas in the mind of person. Not punishable. 2) External acts cover: a) Preparatory acts - ordinarily not punished except when considered by law as independent crimes (e.g. Art. 304, Possession of picklocks and similar tools) b) Acts of Execution - punishable under the RPC ART. 7 – LIGHT FELONIES Light Felonies are punishable only when they have been consummated EXCEPT: If committed against persons or property, punishable even if not consummated.
STAGES OF EXECUTION: CONSUMMATED FELONY When all the elements necessary for its execution and accomplishment are present. 1. FRUSTRATED FELONY ELEMENTS: a) The offender performs all the acts of execution. b) All the acts performed would produce the felony as a consequence. c) But the felony is not produced. d) By the reason of causes independent of the will of the perpetrator. WHAT CRIMES DO NOT ADMIT OF FRUSTRATED STAGE? 1) Rape 2) Bribery 3) Corruption of Public Officers 4) Adultery 5) Physical Injury 2. ATTEMPTED FELONY ELEMENTS: a) The offender commences the commission of the felony directly by overt acts. b) He does not perform all the acts of execution which should produce the felony.
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
San Beda College of Law
Only principals and accomplices are liable, accessories are not liable even if committed against persons or property. ART. 8 – CONSPIRACY AND PROPOSAL TO COMMIT FELONY REQUISITES OF CONSPIRACY 1. That 2 or more persons came to an agreement. 2. That the agreement pertains to the commission of a felony. 3. That the execution of the felony was decided upon. 2 CONCEPTS OF CONSPIRACY 1. Conspiracy as a crime by itself. EXAMPLE: conspiracy to commit rebellion or insurrection, treason, sedition. 2. Conspiracy as a means of committing a crime a) There is a previous and express agreement; b) The participants acted in concert or simultaneously which is indicative of a meeting of the minds towards a common criminal objective. There is an implied agreement. GENERAL RULE: 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, such as in treason, coup d’etat, and rebellion or insurrection “The act of one is the act of all” GENERAL RULE: When conspiracy is established, all who participated therein, irrespective of the quantity or quality of his participation is liable equally, whether conspiracy is preplanned 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”.
Conspiracy may be inferred when two or more persons proceed to perform overt acts towards the accomplishment of the same felonious objective, with each doing his act, so that their acts though seemingly independent were in fact connected, showing a common design.
These overt acts must consist of: - active participation in the actual commission of the crime itself, or - moral assistance to his coconspirators by being present at the time of the commission of the crime, or - exerting a moral ascendance over the other co-conspirators by moving them to execute or implement the criminal plan (PEOPLE vs. ABUT, et al., GR No. 137601, April 24, 2003) REQUISITES OF PROPOSAL: 1. That a person has decided to commit a felony; and 2. That he proposes its execution to some other person or persons. ART. 9 – CLASSIFICATION OF FELONIES ACCORDING TO GRAVITY 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. 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. Less grave felonies – are those which the law punishes with penalties which in their maximum period are correctional, in accordance with Art. 25 of the Code. Light felonies – are those infractions of law for the commission of which the
CRIMINAL LAW COMMITTEE
CHAIRPERSON: Mark David Martinez EDP: Elaine Masukat ASSISTANTS: Catherine Danao, Albert Rodriguez, Claro Regino Sampaga, Gizelle Lou Cabahug, Mary Karen Quizon, Leo San Juan, Ma. Victoria Yambao, Ryan Lita, Bayani Brillante, Jr.
Francis Benedict Reotutar (Labor Law). size and other circumstances. When the provisions of the RPC are impossible of application. Thus. Joy Inductivo (VC-Finance). so that such person is deemed not to have transgressed the law and is free from both criminal and civil liability. degree of participation. Jennifer Ang(VC. or both. There is no civil liability.is equivalent to an actual physical assault or. character. b) Reasonable necessity of the means employed to prevent or repel it. only if there is also an actual and imminent danger on the person of the one defending ( People vs Narvaez.Secretariat). Thus. Jackie Lou Bautista (Legal Ethics) . Mark David Martinez (Criminal Law). Yolanda Tolentino(VC-Acads). 2. Ronald Jalmanzar (Over-all Vice Chair). 11. and 2. where the civil liability is borne by the persons benefited by the act. REASON: Because the person assaulted does not have sufficient tranquility of mind to think and to calculate. and (2) his physical condition. nor material commensurability between the means of attack and defense. such as reclusión perpetua or reclusión temporal. Chapter Two: Justifying Circumstances and Circumstances Which Exempt from Criminal Liability (Arts. The right to honor.threatened assault of an immediate and imminent kind which is offensive and positively strong. at least . Where the special law provides otherwise. SELF. Elaine Masukat (VCEDP). either by express provision or by necessary implication. Romuald Padilla (Civil Law). TEST OF REASONABLENESS – the means employed depends upon the nature and quality of the (1) weapon used by the aggressor. a slap on the face is considered as unlawful aggression directed against the honor of the actor (People vs. 19 SCRA 901). Jinky Ann Uy (Remedial Law). The defense of property rights. (3) and those of the person defending himself. (4) and also the place and occasion of the assault. EXCEPTION: 1. 1. Rights included in self-defense: Self-defense includes not only the defense of the person or body of the one assaulted but also that of his rights. and CHAIRPERSONS UNLAWFUL AGGRESSION . Garny Luisa Alegre (Commercial Law).6 2005 CENTRALIZED BAR OPERATIONS penalty of arresto menor or a fine not exceeding 200 pesos. Charmaine Torres (Taxation Law). c) Lack of sufficient provocation on the part of himself. and attendance of mitigating and aggravating circumstances may be applied by necessary implication. the enjoyment of which is protected by law. 121 SCRA 389).DEFENSE REQUISITES: a) Unlawful aggression (condition sine qua non). Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law). JUSTIFYING CIRCUMSTANCES JUSTIFYING CIRCUMSTANCES – are those where the act of a person is said to be in accordance with law. Hence. AND 2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE SUBJECT Maricel Abarentos (Over-all Chairperson). 10 – OFFENSES NOT SUBJECT TO THE PROVISIONS OF THE RPC GENERAL RULE: RPC provisions are supplementary to special laws. when the special law adopts the penalties imposed in the RPC. except in par. the person defending ART. Sabio. showing the wrongful intent to cause injury. is provided. 4 of Art. 11-12) ART. it includes: 1. 11. the provisions of the RPC on imposition of penalties based on stage of execution. Perfect equality between the weapons used by the one defending himself and that of the aggressor is not required.
26. REQUISITES: 1. FULFILLMENT OF DUTY. 2. Victoria Yambao.San Beda College of Law MEMORY AID “Stand ground when in the right” . . Legitimate. 3. Relatives by consanguinity within the fourth civil degree. That the means used by the subordinate to carry out said order is lawful. Spouse 2. DEFENSE OF STRANGER REQUISITES: 1. and 3. REQUISITES: 1. Ma. The person defending be not induced by revenge. Ascendants 3. Bayani Brillante. Under Republic Act 9262. 2. Greater evil must not be brought about by the negligence or imprudence or violation of law by the actor. 2. That the evil sought to be avoided actually exists: 2. In case the provocation was given by the person attacked. Mary Karen Quizon. Jr.A. natural or adopted brothers and sisters. That an order has been issued by a superior. OBEDIENCE TO AN ORDER ISSUED FOR SOME LAWFUL PURPOSE. 5. Reasonable necessity of the means employed to prevent or repel it. R. That the accused acted in the performance of a duty or in the lawful exercise of a right or office. That such order must be for some lawful purpose 3. DEFENSE OF RELATIVES REQUISITES: 1. RELATIVES THAT CAN BE DEFENDED: 1. Gizelle Lou Cabahug. No civil liability except when there is another person benefited in which case the latter is the one liable. and 3. Albert Rodriguez. Leo San Juan. Ryan Lita. 9262) The law provides for an additional justifying circumstance. (Sec. OR LAWFUL EXERCISE OF RIGHT OR OFFICE. IN 7 CRIMINAL LAW 2. That the injury feared be greater than that done to avoid it. the one making the defense had no part therein. and 3. Subordinate is not liable for carrying out an illegal order if he is not aware CRIMINAL LAW COMMITTEE CHAIRPERSON: Mark David Martinez EDP: Elaine Masukat ASSISTANTS: Catherine Danao. or relatives by affinity in the same degrees. That the injury caused or the offense committed be the necessary consequence of the due performance of duty or the lawful exercise of such right or office. No. 6. There be no other practical and less harmful means of preventing it. Claro Regino Sampaga. Descendants 4. Reasonable necessity of the means employed to prevent or repel it. 2.the law does not require a person to retreat when his assailant is rapidly advancing upon him with a deadly weapon. Battered Woman Syndrome – refers to a scientifically defined pattern of psychological and behavioral symptoms found in women living in battering relationships as a result of cumulative abuse. known as the Anti. AVOIDANCE OF GREATER EVIL OR INJURY REQUISITES: 1. Unlawful Aggression. 4. Battery – refers to any act of inflicting physical harm upon the woman or her child resulting to physical and psychological or emotional distress. resentment or other evil motive.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. Unlawful Aggression. 5.
there is no crime. (PEOPLE vs. JUSTIFYING CIRCUMSTANCE 1. legitimate and lawful in the eyes of the law. EXEMPTING CIRCUMSTANCES Exempting Circumstances (or the circumstances for non-imputability) – are those grounds for exemption from punishment. Jackie Lou Bautista (Legal Ethics) .Secretariat). It affects the actor not the act. The act is considered to have been done within the bounds of law. Test of COGNITION – complete deprivation of intelligence in committing the crime. 12. The defense must prove that the accused was insane at the time of the commission of the crime because the presumption is always in favor of sanity. It affects the act not the actor. nor a criminal. and he is not exempt in all cases from criminal liability. PERSON UNDER NINE YEARS OF AGE An infant under the age of nine years is absolutely and conclusively presumed to be incapable of committing a crime. EXEMPTING CIRCUMSTANCE 1. Insanity exists when there is a complete deprivation of intelligence in committing the act. ART. 11. Discernment maybe shown by: AND 2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE SUBJECT Maricel Abarentos (Over-all Chairperson). Mark David Martinez (Criminal Law). TWO TESTS OF INSANITY: 1. The act complained of is actually wrongful. Garny Luisa Alegre (Commercial Law). 2002) 2. 2. 3. ANTONIO. acted without 1. Joy Inductivo (VC-Finance). But an imbecile is CHAIRPERSONS DISCERNMENT – mental capacity to fully appreciate the consequences of an unlawful act. Charmaine Torres (Taxation Law). Jinky Ann Uy (Remedial Law). GR No. Since the act is considered lawful. Mere abnormality of the mental faculties will not exclude imputability. hence.8 2005 CENTRALIZED BAR OPERATIONS of its illegality negligent. (except Art. because there is wanting in the agent of the crime any of the conditions which makes the act voluntary. Francis Benedict Reotutar (Labor Law). 2. there is no dolo nor culpa 4. The phrase “under nine years” should be construed “nine years or less” 4. Ronald Jalmanzar (Over-all Vice Chair). 3. PERSON OVER NINE YEARS OF AGE AND UNDER 15 ACTING WITHOUT DISCERNMENT. there is also no criminal or civil liability. or negligent. there is civil liability. November 27. or intent. Since the act complained of is actually wrong there is a crime but since the actor acted without voluntariness. or on the absence of negligence on the part of the accused. Romuald Padilla (Civil Law). 2. Jennifer Ang(VC. An insane person is not so exempt if it can be shown that he acted during a lucid interval. IMBECILITY OR INSANITY Insanity or imbecility exists when there is a complete deprivation of intelligence or freedom of the will. Since there is a crime committed though there is no criminal. The accused must be "so insane as to be incapable of entertaining criminal intent. 144266. Since there is no crime. Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law). Elaine Masukat (VCEDP). par. Must have discernment." He must be deprived of reason and acting without the least discernment because there is a complete absence of the power to discern or a total deprivation of freedom of the will. freedom of action. Test of VOLITION – total deprivation of freedom of will. 4) 3. but the actor is not liable. BASIS: The exemption from punishment is based on the complete absence of intelligence. Yolanda Tolentino(VC-Acads).
6. The severe dizziness and extreme debility of the woman constitute an insuperable cause. 63 Phil. is not liable for infanticide because it was physically impossible for her to take home the child. UNCONTROLLABLE FEAR ELEMENTS: 1. CRIMINAL LAW COMMITTEE CHAIRPERSON: Mark David Martinez EDP: Elaine Masukat ASSISTANTS: Catherine Danao. ELEMENTS: 1. 5. Ma. 125 RPC). That a person fails to perform such act. 2. 7. That his failure to perform such act was due to some lawful or insuperable cause. Ryan Lita. Albert Rodriguez. a. A person is performing a lawful act. Leo San Juan. 3. 530). The municipal president detained Basis: complete absence of freedom or voluntariness. With due care. The manner the crime was committed: or The conduct of the offender after its commission. imminent. the public officer will be liable for arbitrary detention. Bayani Brillante. . morally or physically prevented a person to do what the law commands. 2. Duress as a valid defense should be based on real. ACCIDENT WITHOUT FAULT INTENTION OF CAUSING IT OR IN 9 CRIMINAL LAW “ACTUS ME INVITO FACTUS NON EST MEUS ACTUS” – An act done by me against my will is not my act. INSUPERABLE CAUSE. (US vs. otherwise. Examples: Basis: Lack of negligence or intent. and left the child in a thicket were said child died. That it promises an evil of such gravity and imminence that the ordinary man would have succumbed to it. or reasonable fear for one’s life or limb and should not be speculative. 3. or remote fear. Vicentillo. The force must be so irresistable as to reduce the actor to a mere instrument who act not only without will but against his will.San Beda College of Law MEMORY AID a) b) 4. ELEMENTS: 1. 2. or at least equal to. fanciful. that which he is required to commit. 4. A mother who at the time of childbirth was overcome by severe dizziness and extreme debility. Gizelle Lou Cabahug. Note: Under the law. 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. b. INSUPERABLE CAUSE – some motive which has lawfully. 2. He causes injury to another by mere accident. Without fault or intention of causing it. That the physical force must come from a third person. That the threat which causes the fear is of an evil greater than. Victoria Yambao. (People vs. A PERSON WHO ACTS UNDER THE COMPULSION OF AN IRRESISTABLE FORCE ELEMENTS: 1. That an act is required by law to be done. Claro Regino Sampaga. Jr. the person arrested must be delivered to the nearest judicial authority at most within 18 hours (now 36 hours. Mary Karen Quizon. 118) The distance which required a journey for three days was considered an insuperable cause. Bandian. 3. That the physical force must be irresistable. Art. 19 Phil. That the compulsion is by means of physical force.
it will result in the acquittal of the accused. Instigation mitigating circumstances from the same fact. Charmaine Torres (Taxation Law). a mitigating circumstance arising from a single fact. unlawful aggression must be present. Joy Inductivo (VC-Finance). OR OVER 70 YEARS OLD It is the age of the accused at the time of the commission of the crime which should be determined. CLASSES Source As to the effect ORDINARY Subsections 1-10 of Art. Jennifer Ang(VC. 12. Mark David Martinez (Criminal Law). 68. Persons exempt from criminal liability for theft. Francis Benedict Reotutar (Labor Law). Garny Luisa Alegre (Commercial Law). not a bar to the prosecution and conviction of the lawbreaker INSTIGATION 1.13 MITIGATING CIRCUMSTANCES MITIGATING CIRCUMSTANCES – those which if present in the commission of the crime. Accessories who are exempt from criminal liability (Art. Jinky Ann Uy (Remedial Law). provided the penalty is a divisible one May be offset by aggravating circumstance PRIVILEGED Arts. hence he becomes a co-principal. Nine (9) years of age and below – exempting circumstance. Hence. Instigator induces the wouldbe accused to commit the crime. UNDER 18. 247) 4. and defense of a stranger”. Ways and means are resorted to for the capture of lawbreaker in the execution of his criminal plan. INCOMPLETE JUSTIFYING EXEMPTING CIRCUMSTANCES OR Applies.10 2005 CENTRALIZED BAR OPERATIONS ABSOLUTORY CAUSES . As to offset Cannot offset be 1. 69 and 64 of RPC It operates to reduce the penalty by one to two degrees depending upon what the law provides Entrapment is NOT an absolutory cause. Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law). But in the case of “incomplete selfdefense. 2. Spontaneous desistance (Art. when all the requisites necessary to justify the act are not attendant. 2. swindling and malicious mischief (Art. 20) 3. Ronald Jalmanzar (Over-all Vice Chair). it being an indispensable requisite. do not entirely free the actor from criminal liability but serve only to reduce the penalty. 6) 2. absorbs all the other 2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE CHAIRPERSONS SUBJECT Maricel Abarentos (Over-all Chairperson). ENTRAPMENT 1. there is no penalty imposed. Jackie Lou Bautista (Legal Ethics) . A buy-bust operation conducted in connection with illegal drug-related offenses is a form of entrapment.Secretariat). Chapter Three: Circumstances Which Mitigate Criminal Liability ART. Legal effects of various ages of offender 1. 2) AND One single fact cannot be made the basis of more than one mitigating circumstance. arising BASIS : Diminution of either freedom of action intelligence or intent or on the lesser perversity of the offender.are those where the act committed is a crime but for reasons of public policy and sentiment. Other absolutory causes: 1. 332) 5. Romuald Padilla (Civil Law). His age at the time of the trial is immaterial. Death or physical injuries inflicted under exceptional circumstances (Art. 2. (Art. par. defense of relatives. Elaine Masukat (VCEDP). Yolanda Tolentino(VC-Acads). 13 (RPC) If not offset (by an aggravating circumstanc e) it will operate to have the penalty imposed at its minimum period.
Intention may be ascertained by considering: a) the weapon used b) the part of the body injured c) the injury inflicted BASIS : intent is diminished VINDICATION 1. Bayani Brillante. The offended party must have done a grave offense to the offender or his relatives mentioned by law. 5. It is necessary that the provocation or threat immediately preceded the act. Claro Regino Sampaga. Ryan Lita. if already imposed. par. 2. (Art. 6. 2. REQUISITES: 1. 3. he acted with discernment in which case penalty is reduced to at least two (2) degrees lower than that imposed. (Art. 68. BASIS: diminution of intelligence IN 11 CRIMINAL LAW The threat should not be offensive and positively strong. NO INTENTION TO COMMIT SO GRAVE A WRONG Rule for the application: Can be taken into account only when the facts proven show that there is a notable and evident disproportion between the means employed to execute the criminal act and its consequences. 2) Minor delinquent under 18 years of age. no imposition of death penalty. “Immediate” allows for a lapse of time unlike in sufficient provocation. 2. VINDICATION OF GRAVE OFFENSE REQUISITES: 1. par.San Beda College of Law MEMORY AID 2. Over 9 but not more than 15 – exempting unless. PASSION OR OBFUSCATION It requires that: 1. 4. That the felony is committed in immediate vindication of such grave offense. Leo San Juan.regardless of discernment. It must originate from the offended party. Gizelle Lou Cabahug. PROVOCATION 1. REQUISITES: CRIMINAL LAW COMMITTEE CHAIRPERSON: Mark David Martinez EDP: Elaine Masukat ASSISTANTS: Catherine Danao. 3. the threat to inflict real injury is an unlawful aggression. his spouse. capable of exciting. 192. The accused acted upon an impulse. Art. legitimate. Ma. 2. . 3. The cause that brought about the provocation need not be a grave offense. 4. 5. ascendants. descendants. 70 years or over – mitigating. 3. 12. 1) Above 15 but under 18 . Jr. natural or adopted brothers or sisters or relatives by affinity within the same degrees. The provocation must be immediate to the commission of the crime by the person who is provoked. Albert Rodriguez. sentence suspended (Art. 2. The vindication of the grave offense may be proximate. The provocation must be sufficient. PROVOCATION OR THREAT PROVOCATION – any unjust or improper conduct or act of the offended party. which may give rise to self-defense. 5. 3. The grave offense may be committed also against the offender’s relatives mentioned by law. as long as the offender is still suffering from the mental agony brought about by the offense to him. Otherwise. That there be a grave offense done to the one committing the felony. The impulse must be so powerful that it naturally produced passion or obfuscation in him. execution of death penalty is suspended and commuted. which admits of an INTERVAL of time. It is made directly only to the person committing the felony. PD 603 as amended by PD 1179) 18 years or over – full criminal responsibility. inciting or irritating any one. 3. 68 par. Mary Karen Quizon. penalty is reduced by one (1) degree lower than that imposed. Victoria Yambao.
or 2. 9. Joy Inductivo (VC-Finance). 10. A mitigating circumstance only when the same arose from lawful sentiments. BASIS: Loss of reasoning and selfcontrol. either because: 1. during which the perpetrator might recover his normal equanimity. BASIS: lesser perversity of the offender. he acknowledges his guilt. defense or communication with others. That said act which produced the obfuscation was not far removed from the commission of the crime by a considerable length of time. The physical defect must relate to the offense committed. that is. 2. PROVOCATION . or CHAIRPERSONS REQUISITES: 1. ILLNESS OF THE OFFENDER 7. 2. That the illness of the offender must diminish the exercise of his will-power.the provocation comes from the injured party. he wishes to save them the trouble and expense necessarily incurred in his search and capture. That the offender surrendered himself to a person in authority or to the latter’s agent. SURRENDER AND CONFESSION OF GUILT REQUISITES OF VOLUNTARY SURRENDER: 1. both unlawful and sufficient to produce such a condition of mind. Mark David Martinez (Criminal Law). Yolanda Tolentino(VC-Acads). Jennifer Ang(VC. Ronald Jalmanzar (Over-all Vice Chair). -must immediately precede the commission of the crime. 3. BASIS: diminution of element of voluntariness. showing the intent of the accused to submit himself unconditionally to the authorities. That the offender spontaneously confessed his guilt. It is only required that the influence thereof lasts until the moment the crime is committed REQUISITES OF VOLUNTARY PLEA OF GUILTY: 1. SIMILAR AND ANALOGOUS CIRCUMSTANCES AND 2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE SUBJECT Maricel Abarentos (Over-all Chairperson). blind or otherwise suffering from some physical defect. Charmaine Torres (Taxation Law). Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law). That the confession of guilt was made prior to the presentation of evidence for the prosecution. That the confession of guilt was made in open court.produced by an impulse which may be caused by provocation .the offense need not be immediate. That the offender had not been actually arrested. In the spirit of lawlessness. Jinky Ann Uy (Remedial Law). WHEN SURRENDER VOLUNTARY A surrender to be voluntary must be spontaneous. Elaine Masukat (VCEDP). In a spirit of revenge PASSION/ OBFUSCATION . restricting his means of action.Secretariat). and 3. 2. 8. 2. Garny Luisa Alegre (Commercial Law). before the competent court that is to try the case. That the surrender was voluntary. Jackie Lou Bautista (Legal Ethics) . Romuald Padilla (Civil Law). thereby diminishing exercise of his will power. Francis Benedict Reotutar (Labor Law). 2. That such illness should not deprive the offender of consciousness of his acts. That there be an act. BASIS: diminution of intelligence and intent.12 2005 CENTRALIZED BAR OPERATIONS 1. the WHEN PASSION OR OBFUSCATION NOT MITIGATING: When committed: 1. Includes illness of the mind not amounting to insanity. PHYSICAL DEFECT OF OFFENDER When the offender is deaf and dumb.
such as: a) Quasi-recidivism (Art. Bayani Brillante. Art. the means and ways employed 4. fraud or disguise. Gizelle Lou Cabahug. Claro Regino Sampaga. the place of the commission. Mary Karen Quizon. Albert Rodriguez. the personal circumstances of the offender. 48). c) Breaking of a wall or unlawful entry into a house in robbery with the use of force upon things. e) Deceit in simple seduction. . Jr. Victoria Yambao. Generic – those which apply to all crimes. d) Fraud in estafa. e) Cruelty. similar to passion and obfuscation. h) Habituality (reiteracion). k) Breaking of parts of the house. 5. a) Disregard of rank. 1. theft. Alevosia (treachery) or evident premeditation qualifies the killing of a person to murder. e) Place where crime is committed. f) Nighttime. 2) Testifying for the prosecution. 4. such as: a) Advantage taken of public position. b) Contempt or insult of public authorities. 248 enumerates the qualifying aggravating circumstances which quality the killing of person to murder. or 5. d) Abuse of confidence or obvious ungratefulness. uninhabited place. c) Treachery (alevosia). 3. Special – those which arise under special conditions to increase the penalty of the offense and cannot be offset by mitigating circumstances. Specific – those which apply only to specific crimes. j) Unlawful entry. such as ignominy in crimes against chastity and cruelty and treachery which are applicable only to crimes against persons. b) Complex crimes (Art. or band. Ma. l) Use of persons under 15 years of age. BASIS: They are based on the greater perversity of the offender manifested in the commission of the felony as shown by: 1. Leo San Juan. 14) Aggravating circumstances – are those which.San Beda College of Law MEMORY AID EXAMPLES: 1) Impulse of jealousy. age or sex due the offended party. Ryan Lita. if attendant in the commission of the crime. 3. or the offended party. c) Crime committed in the dwelling of the offended party. g) Recidivism (reincidencia). adultery and concubinage. estafa. serve to have the penalty imposed in its maximum period provided by law for the offense or change the nature of the crime. f) Ignominy in rape. 2. the motivating power itself. d) Ignominy. f) Use of unlicensed firearm in the murder or homicide committed therewith (RA 8294). b) Abuse of superior strength or means be employed to weaken the defense. the time. 160). therefore not considered in increasing the penalty to be imposed. b) Abuse of public office in bribery. i) Craft. CRIMINAL LAW COMMITTEE CHAIRPERSON: Mark David Martinez EDP: Elaine Masukat ASSISTANTS: Catherine Danao. Qualifying – those that change the nature of the crime. such as: a) Evident premeditation in robbery. KINDS OF CIRCUMSTANCES: AGGRAVATING IN 13 CRIMINAL LAW 2. analogous to plea of guilty Chapter Four: Circumstances which Aggravate Criminal Liability (Art. Inherent – those which of necessity accompany the commission of the crime.
(Art. 14 – AGGRAVATING CIRCUMSTANCES Par. Jennifer Ang(VC. The circumstances which consist a) In the material execution of the act. Mark David Martinez (Criminal Law). 4) 5. Aggravating circumstances shall not be appreciated if: a) They constitute a crime specially punishable by law. par. one of them will be appreciated as qualifying aggravating while the others will be considered as generic aggravating. Jinky Ann Uy (Remedial Law). Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law). Except when there is proof of conspiracy in which case the act of one is deemed to be the act of all. 2. par. Aggravating circumstances which arise: a) From the moral attributes of the offender. AND 2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE CHAIRPERSONS SUBJECT Maricel Abarentos (Over-all Chairperson). Romuald Padilla (Civil Law). It is not to be considered to increase the penalty for the crime of arson or for the crime involving destruction. 12) is in itself a crime of arson (Art. Applicable only when the offender is a public officer. Elaine Masukat (VCEDP). 9. shall serve to aggravate the liability of those persons only who had knowledge of them at the time of the execution of the act or their cooperation therein. 62). Jackie Lou Bautista (Legal Ethics) . shall not be taken into account for the purpose of increasing the penalty.Secretariat). shall only serve to aggravate the liability of the principals. regardless of its kind. Art. Rule 110. should be specifically alleged in the information AND proved as fully as the crime itself in order to increase the penalty. Charmaine Torres (Taxation Law). 2) 3. d) Taking advantage of public position and membership in an organized/syndicated crime group (Par. 62. accomplices and accessories as to whom such circumstances are attendant. 321) or a crime involving destruction (Art. To give the crime its proper and exclusive name and to place the author thereof in such a situation as to deserve no other penalty than that specially prescribed by law for said crime. – That advantage be taken by the offender of his public position. Aggravating circumstances. or c) From any personal cause. As to whether it can be offset by a mitigating circumstance Cannot be offset by a mitigating circumstance RULES ON AGGRAVATING CIRCUMSTANCES 1. (Art. or b) From his private relations with the offended party. regardless of lack of knowledge of the facts constituting the circumstance. par. The offender must have abused his public position or at least use of the same facilitated the commission of the offense. 2000 Rules of Criminal Procedure) 6. 14. Francis Benedict Reotutar (Labor Law). ART. Garny Luisa Alegre (Commercial Law). When there is more than one qualifying aggravating circumstance present. 49). The same rule shall apply with respect to any aggravating circumstance inherent in the crime to such a degree that it must of necessity accompany the commission thereof. (Sec. or b) In the means employed to accomplish it. 62. or b) They are included by the law in defining a crime and prescribing a penalty therefor. Joy Inductivo (VC-Finance). GENERIC QUALIFYING AGGRAVATING AGGRAVATING CIRCUMSTANCE CIRCUMSTANCE As to its effect Increases the penalty which should be imposed upon the accused to the maximum period but without exceeding the limit prescribed by law.14 2005 CENTRALIZED BAR OPERATIONS c) Error in personae (Art. 62. par. EXAMPLE: “That the crime be committed by means of …fire. 1. 3) 4. Yolanda Tolentino(VC-Acads).… explosion” (Art. May be offset by a mitigating circumstance.1[a]. Ronald Jalmanzar (Over-all Vice Chair). 324). (Art.
Jr. like a mayor. there must be evidence that in the commission of the crime. While he is a person in authority under Art. not to the male sex. A teacher or professor of a public or recognized private school is not a “public authority within the contemplation of this paragraph. His presence has not prevented the offender from committing the criminal act.San Beda College of Law MEMORY AID This circumstance cannot be taken into consideration in offenses where taking advantage of official position is made by law an integral element of the crime. When the offender acted with passion and obfuscation. 3. AGE. Age of the offended party – may refer to old age or the tender age of the victim. Albert Rodriguez. 217. age and rank of the offended party. The four circumstances enumerated should be considered as one aggravating circumstance only. 3 – That the act be committed (1) with insult or in disregard of the respect due the offended party CRIMINAL LAW COMMITTEE CHAIRPERSON: Mark David Martinez EDP: Elaine Masukat ASSISTANTS: Catherine Danao. age or sex is essentially applicable only to crimes against person or honor. the offender deliberately intended to offend or insult the sex. Sex of the offended party – refers to the female sex. They are not taken into account in crimes against property. 19. . REQUISITES OF THIS CIRCUMSTANCE: 1. That the public authority is engaged in the exercise of his functions. THE AGGRAVATING CIRCUMSTANCE OF DISREGARD OF RANK. (b) age. Disregard of rank. 171. When there exists a relationship between the offended party and the offender. . Ryan Lita. or in falsification of a document committed by public officers under Art. Disregard of sex and age are not absorbed in treachery because treachery refers to the manner of the commission of the crime. abduction. Victoria Yambao. IN 15 CRIMINAL LAW on account of his (a) rank. Public authority – sometimes also called a person in authority. Ma. or (2) that it be committed in the dwelling of the offended party. When the condition of being a woman is indispensable in the commission of the crime. or assisting in the escape of the principal of the crime). 152. Gizelle Lou Cabahug. governor. such as in malversation under Art. if the latter has not given provocation. To be appreciated as an aggravating circumstance. OR SEX IS NOT APPLICABLE IN THE FOLLOWING CASES: 1. 204-245).there must be a difference in the social condition of the offender and the offended party. that status is only for purposes of Art. in parricide. barangay captain and barangay chairman. Taking advantage of a public position is also inherent in the case of accessories under Art. Leo San Juan. or (c) sex. Bayani Brillante. 148 (direct assault) and Art. concealing. 3 (harboring. Rank of the offended party – is the designation or title of distinction used to fix the relative position of the offended party in reference to others. that is. 152 (resistance and disobedience). That he who is thus engaged in the exercise of said functions is not the person against whom the crime is committed. 2 – That the crime be committed in contempt of or with insult to the public authorities. seduction and rape) Par. 2. Claro Regino Sampaga. councilor. Mary Karen Quizon.g. The offender knows him to be a public authority. is a public officer who is directly vested with jurisdiction. 2. 4. (e. and in crimes committed by public officers (Arts. par. while disregard of sex and age pertains to Par. a public officer who has the power to govern and execute the laws. 3.
Dwelling does not mean the permanent residence or domicile of the offended party or that he must be the owner thereof. Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law). However. 2. the offended party is deemed to CHAIRPERSONS 2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE SUBJECT Maricel Abarentos (Over-all Chairperson). Elaine Masukat (VCEDP).Secretariat). REASON: When it is the offended party who has provoked the incident. Jackie Lou Bautista (Legal Ethics) . or 2. Immediate to the commission of the crime. 4. When robbery is committed by the use of force upon things. Lapaz. Francis Benedict Reotutar (Labor Law). Dwelling – must be a building or structure. the foot of the staircase and enclosure under the house. There must exist a close relation between the provocation made by the victim and the commission of the crime by the accused. Jennifer Ang(VC. Yolanda Tolentino(VC-Acads). He must. 4. In the crime of trespass to dwelling. and the fact that the crime is committed in the dwelling of the offended party is not an aggravating circumstance. although the assailant may have devised means to perpetrate the assault from without. Mark David Martinez (Criminal Law). 2. have given the provocation. . if the paramour also dwells in the conjugal dwelling. Charmaine Torres (Taxation Law). March 31. Joy Inductivo (VC-Finance). be actually living or dwelling therein even for a temporary duration or purpose. however.dwelling includes dependencies. it is enough that the victim was attacked inside his own house. Sufficient. When both the offender and the offended party are occupants of the same house. A “combination of a house and a store” or a market stall where the victim slept is not a dwelling. Par. Garny Luisa Alegre (Commercial Law). 3. The abuse of confidence which the offended party reposed in the offender by opening the door to him. Ronald Jalmanzar (Over-all Vice Chair). If all these conditions are present. Jinky Ann Uy (Remedial Law). Romuald Padilla (Civil Law). it is inherent or included by law in defining the crime. – That the act be committed with (1) abuse of confidence or AND WHAT AGGRAVATES THE COMMISSION OF THE CRIME IN ONE’S DWELLING: 1. he loses his right to the respect and consideration due him in his own house. 1989). The aggravating circumstance of dwelling requires that the crime be wholly or partly committed therein or in any integral part thereof. It is not necessary that the accused should have actually entered the dwelling of the victim to commit the offense. Given by the owner of the dwelling. the same is aggravating. dwelling is not aggravating because it is inherent. and 3. and this is true even if offender is a servant in the house. The violation of the sanctity of the home by trespassing therein with violence or against the will of the owner. When the owner of the dwelling gave sufficient and immediate provocation. But dwelling is aggravating in robbery with violence against or intimidation of persons because this class of robbery can be committed without the necessity of trespassing the sanctity of the offended party’s house. 5. EXCEPTION: In case of adultery in the conjugal dwelling. DWELLING IS NOT AGGRAVATING IN THE FOLLOWING CASES: 1. MEANING OF PROVOCATION IN THE AGGRAVATING CIRCUMSTANCE OF DWELLING: The provocation must be: 1. The victim is not a dweller of the house. the applicable aggravating circumstance is abuse of confidence. exclusively used for rest and comfort.16 2005 CENTRALIZED BAR OPERATIONS the relationship of the victim (People vs.
Jr. or 2. That the act be committed with obvious ungratefulness. Claro Regino Sampaga. That the offender abused such trust by committing a crime against the offended party. – That the crime be committed (1) in the nighttime. Public authorities are in the performance of their duties In their office. 3. 2. 2. The ungratefulness contemplated by par.San Beda College of Law MEMORY AID (2) obvious ungratefulness. however respectable they may be. 4 provides two aggravating circumstances which. REQUISITES OF ABUSE OF CONFIDENCE: 1. When especially sought for by the offender to insure the commission of the crime or for the purpose of impunity. That the offender abused such trust by committing a crime against the offended party. qualified theft (Art. 310). the other places mentioned are aggravating per se even if no official duties or acts of religious worship are being conducted there. 5. That the offended party had trusted the offender. or (3) by a band. UNINHABITED PLACE OR BAND AGGRAVATING: 1. Leo San Juan. Par. When it facilitated the commission of the crime. are not considered as place dedicated to the worship of God. or (2) where public authorities are engaged in the discharge of their duties. 5 – That the crime be committed (1) in the palace of the Chief Executive. they shall be considered separately. That the abuse of confidence facilitated the commission of the crime. Mary Karen Quizon. or (3) in a place dedicated to religious worship. Except for the third which requires that official functions are being performed at the time of the commission of the crime. IN 17 CRIMINAL LAW Par. if present in the same case and must be independently appreciated. Albert Rodriguez. they cannot be lumped together as abuse of confidence requires a special confidential relationship between the offender and the victim. Ryan Lita. WHEN NIGHTTIME. While one may be related to the other in the factual situation in the case. Where PAR. 2. 6. Ma. whenever such circumstance may facilitate the commission of the offense. PAR. Gizelle Lou Cabahug. or in his presence. CRIMINAL LAW COMMITTEE CHAIRPERSON: Mark David Martinez EDP: Elaine Masukat ASSISTANTS: Catherine Danao. REQUISITES OF OBVIOUS UNGRATEFULNESS 1. 3. Bayani Brillante. When present in the same case and their element are distinctly palpable and can subsist independently. Abuse of confidence is inherent in malversation (Art. of their May or may not be the public authority The offended party Public authority should not be the offended party Par. 315). or 3. Contempt public authorities or insult to public are engaged in authorities the discharge of their duties In both Place where public duty is performed Outside office. estafa by conversion or misappropriation (Art. Victoria Yambao. and qualified seduction (Art. but this is not so in ungratefulness. That the offended party had trusted the offender. 217). 337). Cemeteries. 4 must be such clear and manifest ingratitude on the part of the accused. When the offender took advantage thereof for the purpose of impunity. or (2) in an uninhabited place. .
nighttime is not aggravating. aside from the distance and isolation of the place. Ong. or where the houses are scattered at a great distance from each other. What actually determines whether this aggravating circumstance should be considered against the accused. Charmaine Torres (Taxation Law). Par. Mark David Martinez (Criminal Law). Ronald Jalmanzar (Over-all Vice Chair). 30. GENERAL RULE: Nighttime is absorbed in treachery. (Jan. Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law). When the place of the crime is illuminated by light. epidemic or other calamity or misfortune. Berdida. Nights are from sunset to sunrise. That armed men or persons took part in the commission of the crime. they can be considered separately if such circumstances have different factual bases. and treachery was further appreciated because the victim’s hands and arms were tied together before he was beaten up by the accused. adds to their suffering by taking advantage of their misfortune to despoil them. Joy Inductivo (VC-Finance).18 2005 CENTRALIZED BAR OPERATIONS Nighttime (obscuridad) – that period of darkness beginning at end of dusk and ending at dawn. Jennifer Ang(VC. 2. Francis Benedict Reotutar (Labor Law).Secretariat). REQUISITES: 1. Therefore it is necessary that the offender took advantage of the calamity or misfortune. Thus: In People vs. earthquake. Band (en cuadrilla) – whenever more than three (i. (June 30.. 1975). it shall be deemed committed by a band. In People vs. Romuald Padilla (Civil Law).e. If one of them was a principal by inducement. instead of lending aid to the afflicted. directly or indirectly. The requisite four armed persons contemplated in this circumstance must all be principals by direct participation who acted together in the execution of the acts constituting the crime. malefactors shall have acted together in the commission of an offense. Jackie Lou Bautista (Legal Ethics) AND SUBJECT . Yolanda Tolentino(VC-Acads). a place at a considerable distance from town. al. That the accused availed himself of their aid or relied upon them when the crime was committed. Elaine Masukat (VCEDP). et. Garny Luisa Alegre (Commercial Law). Jinky Ann Uy (Remedial Law). and nighttime was considered upon proof that it facilitated the commission of the offense and was taken advantage of by the accused. there would be no cuadrilla but the aggravating circumstance of having acted with the aid of armed men may be considered against the inducer if the other two acted as his accomplice. in the midst of a great calamity. nighttime was considered since it was purposely sought. al. 8 – That the crime be committed with the aid of (1) armed men or (2)persons who insure or afford impunity. there was treachery as the victim was stabbed while lying face up and defenseless. This aggravating circumstance is absorbed in the circumstance of abuse of superior strength. 7 – That the crime be committed on the occasion of a conflagration. at least four) armed 2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE CHAIRPERSONS Maricel Abarentos (Over-all Chairperson). et. It is necessary that the commission of the crime was begun and completed at nighttime. shipwreck. This aggravating circumstance is not applicable in crimes against chastity. is the reasonable possibility of the victim receiving or securing aid from third persons. Par. Uninhabited place (despoblado) – one where there are no houses at all. EXCEPTION: Where both the treacherous mode of attack and nocturnity were deliberately decided upon in the same case. 1966). REASON FOR THE AGGRAVATION: The debased form of criminality met in one who.
they cannot be separately counted in order to constitute recidivism. Jr.e. “With the ba aid of armed nd men” ” As to their number At least two Requires more than three armed malefactors (i. for actual aid is not necessary. Albert Rodriguez. IN 19 CRIMINAL LAW 2. In recidivism it is sufficient that the succeeding offense be committed after the commission of the preceding offense provided that at the time of his trial for the second offense. “Aid of armed men” includes “armed women. It is meant to include everything that is done in the course of the trial. at least four) Requires that more than three armed malefactors shall have acted together in the commission of an offense. Gizelle Lou Cabahug. If there are four armed men.” It is employed in its general sense. 4. When both the attacking party and the party attacked were equally armed. REASON: Because the Code requires that to be considered as separate convictions. 6 “By a Par. aid of armed men is absorbed in employment of a band. That the offender is on trial for an offense. from arraignment until after sentence is announced by the judge in open court. Victoria Yambao. the accused had already been convicted of the first offense. it is necessary to allege the same in the information and to attach thereto certified copy of the sentences rendered against the accused.” Par.San Beda College of Law MEMORY AID This aggravating circumstance requires that the armed men are accomplices who take part in that minor capacity directly or indirectly. Claro Regino Sampaga. If there are three armed men or less. WHEN THIS AGGRAVATING CIRCUMSTANCE SHALL NOT BE CONSIDERED: 1. Par. for then the proper aggravating circumstance would be cuadrilla. As to their action This circumstance is present even if one of the offenders merely relied on their aid. hence. When the accused as well as those who cooperated with him in the commission of the crime acted under the same plan and for the same purpose. CRIMINAL LAW COMMITTEE CHAIRPERSON: Mark David Martinez EDP: Elaine Masukat ASSISTANTS: Catherine Danao. Leo San Juan.. Neither should they constitute a band. Ryan Lita. . Being an ordinary aggravating circumstance. Also. at the time of his trial for one crime the accused shall have been previously convicted by final judgment of the other. That both the first and the second offenses are embraced in the same title of the Code. MEANING OF “at the time of his trial for one crime. and not when they were merely present at the crime scene. except in prostitution and vagrancy (Art. That the offender is convicted of the new offense. REQUISITES: 1. 3. recidivism affects only the periods of a penalty. 202) and gambling (PD 1602) wherein recidivism increases the penalties by degrees. they shall be considered as only one. 9 – That the accused is a recidivist. judgments of convicted handed down on the same day shall be considered as only one conviction. aid of armed men may be the aggravating circumstance. including the rendering of the judgment. That he was previously convicted by final judgment of another crime. To prove recidivism. No other generic aggravating circumstance produces this effect. 2. Mary Karen Quizon. If both offenses were committed on the same date. 8. Ma. Bayani Brillante.
Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law). When this aggravating circumstance is present.20 2005 CENTRALIZED BAR OPERATIONS Recidivism must be taken into account no matter how many years have intervened between the first and second felonies. 14) – where the offender has been previously punished for an offense to which the law attaches an equal or greater penalty or for two crimes to which it attaches a lighter penalty. reward or promise. or c) For two or more crimes to which it attaches a lighter penalty than that for the new offense. Recidivism (par. 9. 160) – Where a person commits felony before beginning to serve or while serving sentence on a previous conviction for a felony. theft. Par. Joy Inductivo (VC-Finance). 10. or is legally considered to have done so. but he commits another felony embraced in the same title of the Code. Reiteracion or habituality (par. 3. Garny Luisa Alegre (Commercial Law). par. Mark David Martinez (Criminal Law). This is an extraordinary aggravating circumstance. 11 – That the crime be committed in consideration of a price. This is a special aggravating circumstance.Secretariat). 4. quasi-recidivism cannot at the same time constitute reiteracion. 1. Jinky Ann Uy (Remedial Law). there must be two or more principals. As to the kind of offenses involved Requires that the offenses be included in the same title of the Code. 10 – That the offender has been previously punished for 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. is found guilty of the said crimes a third time or oftener. It is enough that a final judgment has been rendered in the first offense. Even if the accused was granted a pardon for the first offense. Yolanda Tolentino(VC-Acads). Francis Benedict Reotutar (Labor Law). REQUISITES of REITERACION or HABITUALITY: 1. Multi-recidivism or habitual delinquency (Art. 14) – where a person. 5) – where a person within a period of ten years from the date of his release or last conviction of the crimes of serious or less serious physical injuries. Art. 62. Jennifer Ang(VC. estafa or falsification. Elaine Masukat (VCEDP). on separate occasions. Ronald Jalmanzar (Over-all Vice Chair). is convicted of two offenses embraced in the same title in the RPC. Par. Romuald Padilla (Civil Law). That he previously served sentence for another offense to which the law attaches an a) Equal or b) Greater penalty. This is a generic aggravating circumstance. If the same set of facts constitutes recidivism and reiteracion. The rule is different in the case of amnesty which theoretically considers the previous transgressions as not punishable. That he is convicted of the new offense REITERACION RECIDIVISM As to the first offense It is necessary that the offender shall have served out his sentence for the first offense The previous and subsequent offenses must not be em braced in the same title of the Code. That the accused is on trial for an offense. robbery. Charmaine Torres (Taxation Law). Art. This is a generic aggravating circumstance. Quasi-recidivism (Art. and 3. hence this aggravating circumstance cannot apply to a quasi-recidivist. the one who gave or AND THE FOUR FORMS OF REPETITION ARE: CHAIRPERSONS 2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE SUBJECT Maricel Abarentos (Over-all Chairperson). the liability of the accused should be aggravated by recidivism which can easily be proven. Jackie Lou Bautista (Legal Ethics) . Since reiteracion provides that the accused has duly served the sentence for his previous conviction/s. the first conviction is still counted to make him a recidivist since pardon does not obliterate the fact of his prior conviction. 2. 2.
Jr. To Par. Leo San Juan. 135975. any of these aggravating circumstances shall be considered as generic aggravating circumstance only. etc. 1613 which provides a specific penalty for that situation. both of whom are principals. it must be shown that there was a period sufficient to afford full opportunity for meditation and reflection. in view of P. 2002) The A killing committed through any of these qualifies the crime to murder. SILVA. Victoria Yambao. 140871. reward or promise need not consist of or refer to material things or that the same were actually delivered.San Beda College of Law MEMORY AID offered the price or promise and the one who accepted it. derailment of a locomotive. When conspiracy is merely implied. Claro Regino Sampaga. the latter must be proved like any other fact. Bayani Brillante.D. it should not be taken into consideration for the purpose of increasing the penalty. CRIMINAL LAW COMMITTEE CHAIRPERSON: Mark David Martinez EDP: Elaine Masukat ASSISTANTS: Catherine Danao. stranding of a vessel or intentional damage thereto. . as well as outward acts showing the intent to kill. GR No. ABADIES. 12 “by means of inundation. essence of evident premeditation is that the execution of the criminal act is preceded by cool thought and reflection upon the resolution to carry out the criminal intent within a space of time sufficient to arrive at a calm judgment. evident premeditation cannot be presumed. Ma. it being sufficient that the offer made by the principal by inducement be accepted by the principal by direct participation before the commission of the offense. Gizelle Lou Cabahug. 2002) Evident premeditation is presumed to exist when conspiracy is directly established. August 14. shipwreck. When another aggravating circumstance already qualifies the crime. is the a or Premeditation is absorbed by reward or promise. 10 “on the occasion of a conflagration. 2003) PAR. Mary Karen Quizon. 13 – That the act be committed with evident premeditation REQUISITES: The prosecution must prove – 1. al. (PEOPLE vs. Albert Rodriguez. 144975. al. PAR. or by the use of any other artifice involving great waste and ruin. et. The time when the offender determined to commit the crime. GR No.. etc. (PEOPLE vs.” The crime is committed by means of any such acts involving great waste or ruin. a time adequate to allow the conscience to overcome the resolution of the will. to allow him to reflect upon the consequences of his act and to allow his conscience to overcome the resolution of his will. The crime committed on occasion of calamity misfortune. June 18. If without previous promise it was given voluntarily after the crime had been committed as an expression of his appreciation for the sympathy and aid shown by the other accused. SAPIGAO. fire. fire. The price.. establish evident premeditation. explosion. and 3. IN 21 CRIMINAL LAW Par. A sufficient lapse of time between the determination and execution. 2. GR No. An act manifestly indicating that the culprit has clung to his determination. August 8. (PEOPLE vs. poison. et. It must be shown that the offender had sufficient time to reflect upon the consequences of his act but still persisted in his determination to commit the crime. except if arson was resorted to but without intent to kill. Ryan Lita. 12 – That the crime be committed by means of inundation.
Disguise (disfraz) – resorting to any device to conceal identity. (2) fraud. where the accused pretended to hire the driver in order to get his vehicle. The test of disguise is whether the device or contrivance resorted to by the offender was intended to or did make identification more difficult. Jackie Lou Bautista (Legal Ethics) . Elaine Masukat (VCEDP). 22. because whoever is killed by him is contemplated in his premeditation. Joy Inductivo (VC-Finance). when in fact they had already planned to kill the driver. But if the offender premeditated on the killing of any person. that advantage was taken of superior strength. Garny Luisa Alegre (Commercial Law). or (3) disguise be employed Craft (astucia) – involved the use of intellectual trickery or cunning on the part of the accused. it is proper to consider against the offender the aggravating circumstance of premeditation. but when he carried out his plan he actually killed another person. CRAFT The act of the accused done in order not to arouse the suspicion of the victim constitutes craft.22 2005 CENTRALIZED BAR OPERATIONS When the offender decides to kill a particular person and premeditated on the killing of the latter. Charmaine Torres (Taxation Law). Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law). Par. such as the use of a mask or false hair or beard. Craft and fraud may be absorbed in treachery if they have been Par. In People vs. Ronald Jalmanzar (Over-all Vice Chair). Jinky Ann Uy (Remedial Law). either of which qualifies a killing to murder. 14 – That (1) craft. 1980). . 2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE CHAIRPERSONS AND SUBJECT Maricel Abarentos (Over-all Chairperson). 1986) there was also craft where after hitching a ride. According to Justice Regalado. Masilang (July 11. the accused requested the driver to take them to a place to visit somebody. Romuald Padilla (Civil Law). Fraud (fraude) – insidious words or machinations used to induce the victim to act in a manner which would enable the offender to carry out his design. FRAUD Where there is a direct inducement by insidious words or machinations. methods or forms for the treacherous strategy. 14 are variants of means employed to deceive the victim and if all are present in the same case. Jennifer Ang(VC. namely. 15 – That (1) advantage be taken of superior strength. it cannot properly be said that he premeditated on the killing of the actual victim. Par.it is a chicanery resorted to by the accused to aid in the execution of his criminal design. or that means were employed by the offender to weaken the defense of the victim. fraud is present.Secretariat). the fine distinctions between “craft” and “fraud” would not really be called for as these terms in Art. or they may co-exist independently where they are adopted for a different purpose in the commission of the crime. Francis Benedict Reotutar (Labor Law). deliberately adopted as the means. For instance: In People vs. separate from the means subsequently used to treacherously kill the defenseless driver. The use of an assumed name in the publication of a libel constitutes disguise. It is employed as a scheme in the execution of the crime. they shall be applied as a single aggravating circumstance. it was held that there was craft directed to the theft of the vehicle. Yolanda Tolentino(VC-Acads). Mark David Martinez (Criminal Law). or (2) means be employed to weaken the defense. San Pedro (Jan. 15 enunciates two aggravating circumstances.
what is taken into account here is not the number of aggressors nor the fact that they are armed. employing means. Jr. “Means employed to weaken defense” . who had the intention to kill the victim. When the offender. Where one. the test is the relative strength of the offender and his victim. while fighting with another. Leo San Juan. al. Albert Rodriguez. Treachery (alevosia) – is present when the offender commits any of the crimes against person. “by a band” “abuse of superior strength” Par. Mary Karen Quizon. such as robbery physical injuries or homicide. 16 – That the act be committed with treachery (alevosia).the offender employs means that materially weakens the resisting power of the offended party. NO ADVANTAGE OF SUPERIOR STRENGTH IN THE FOLLOWING: 1. they must all be principals by direct participation and their attack against the victim must be concerted and intended to be so. IN 23 CRIMINAL LAW The gravamen of abuse of superiority is the taking advantage by the culprits of their collective strength to overpower their relatively weaker victim or victims. only and and with For abuse of superior strength. 2002) The element of band is appreciated when the offense is committed by more than three armed malefactors regardless of the comparative strength of the victim or victims.. One who attacks another with passion and obfuscation does not take advantage of his superior strength. thereby materially weakening the latter’s resisting power. LOBRIGAS. When there are several offenders participating in the crime. whether or not he took advantage of his greater strength.San Beda College of Law MEMORY AID MEANING OF “advantage be taken”: To deliberately use excessive force that is out of proportion to the means for self-defense available to the person attacked. This circumstance is applicable to crimes against persons. but their relative physical strength vis-a vis the offended party. et. Abuse of superior strength is inherent in the crime of parricide where the husband kills the wife. When a quarrel arose unexpectedly and the fatal blow was struck at a time when the aggressor and his victim were engaged against each other as man to man. . EXAMPLES OF “means employed to weaken defense” 1. 3. (PEOPLE vs. sometimes against person property. Abuse of superior strength is also present when the offender uses a weapon which is out of proportion to the defense available to the offended party. One who. 2. suddenly casts sand or dirt upon the latter eyes and then wounds or kills him. CRIMINAL LAW COMMITTEE CHAIRPERSON: Mark David Martinez EDP: Elaine Masukat ASSISTANTS: Catherine Danao. Claro Regino Sampaga. 2. December 17. Gizelle Lou Cabahug. It is generally accepted that the husband is physically stronger than the wife. Ryan Lita. struggling with another. 147649. Abuse of superior strength absorbs cuadrilla (“band”). made the deceased intoxicated. Ma. Bayani Brillante. suddenly throws a cloak over the head of his opponent and while in this situation he wounds or kills him. GR No. Victoria Yambao. Hence.
GR No. the victim was not in a position to defend himself. It exists in the commission of the crime when the adult person illegally 2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE CHAIRPERSONS SUBJECT Maricel Abarentos (Over-all Chairperson). so long as the decision was made all of a sudden and the victim’s helpless position was accidental. ALEVOSIA SHOULD BE CONSIDERED EVEN IF: 1. RULES REGARDING TREACHERY: 1. Mark David Martinez (Criminal Law). Romuald Padilla (Civil Law). without risk to himself arising from the defense which the offended party might make. Joy Inductivo (VC-Finance). Francis Benedict Reotutar (Labor Law). MANALAD. 2. Jennifer Ang(VC. Yolanda Tolentino(VC-Acads). 3. Treachery must be appreciated in the killing of a child even if the manner of attack is not shown. of itself. AND REQUISITES OF TREACHERY: 1. Ronald Jalmanzar (Over-all Vice Chair).Secretariat). in the special complex crime of robbery with homicide. There was aberratio ictus and the bullet hit a person different from that intended. hence the victim was not the one intended by the accused. even if the deceased was shot while he was lying wounded on the ground. even if the purpose was to kill.24 2005 CENTRALIZED BAR OPERATIONS methods or forms in the execution thereof which tend directly and specially to insure its execution. 3. the circumstance of treachery must be taken into account. The victim was not predetermined but there was a generic intent to treacherously kill any first two persons belonging to a class. Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law). method or form of attack employed by him. if there was a break in the continuity of the aggression and at the time of the fatal wound was inflicted on the deceased he was defenseless. Jinky Ann Uy (Remedial Law). Charmaine Torres (Taxation Law). Accordingly. it cannot be said that the crime was attended by treachery. treachery was not present. WHEN MUST TREACHERY BE PRESENT: When the aggression is continuous. Garny Luisa Alegre (Commercial Law). (The rule is different in evident premeditation). Treachery is taken into account even if the crime against the person is complexed with another felony involving a different classification in the Code. 128593. with no appreciable time intervening between the delivery of the blows and the firing of the shot. even though in the inception of the aggression which ended in the death of the deceased. Hence. attacks a child of tender years and causes his death. 2002) Thus. Applicable only to crimes against persons. (The same rule obtains for evident premeditation). The suddenness of attack does not. That at the time of the attack. (PEOPLE vs. suffice to support a finding of alevosia. The mode of attack must be consciously adopted. in that there was interruption. it is sufficient that treachery was present at the moment the fatal blow was given. more specifically. (A different rule is applied in evident premeditation). methods or forms need not insure accomplishment of crime. Elaine Masukat (VCEDP). and 2. treachery must be present in the beginning of the assault. treachery but can be appreciated insofar as the killing is concerned. August 14. Jackie Lou Bautista (Legal Ethics) . When the assault was not continuous. There was error in personae. 2. That the offender consciously adopted the particular means. it appearing that the firing of the shot was a mere continuation of the assault in which the deceased was wounded. Means. The test of treachery is not only the relative position of the parties but. whether or not the victim was forewarned or afforded the opportunity to make a defense or to ward off the attack.
. so far as possible. door. Unlawful entry – when an entrance is effected by a way not intended for the purpose. Nighttime Par. Mary Karen Quizon. This circumstance is aggravating only in those cases where the offender resorted to any of said means to enter the house. hence. roof. 81404. Par. the crime of theft was attended by this aggravating circumstance. shows a greater perversity. TREACHERY ABSORBS: 1. Victoria Yambao. for such act may not be considered to have added to the victim’s moral suffering or humiliation. etc. and murder.San Beda College of Law MEMORY AID REASON FOR THE RULE: When there is treachery. which adds disgrace and obloquy to the material injury caused by the crime. No. With the aid of persons under fifteen years of age: Tends to repress. Ryan Lita. a greater audacity. which he took while his body was outside of the building. 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. If the wall. CRIMINAL LAW COMMITTEE CHAIRPERSON: Mark David Martinez EDP: Elaine Masukat ASSISTANTS: Catherine Danao. 18 – That the crime be committed after an unlawful entry. Albert Rodriguez. 18 It involves the breaking (rompimiento) of the enumerated parts of the house. . Gizelle Lou Cabahug. or other similar means. the frequent practice resorted to by professional criminals to avail themselves of Par. Thus it is incorrect to appreciate ignominy where the victim was already dead when his body was dismembered. 19 PAR. Bayani Brillante. it is impossible for either the intended victim or the actual victim to defend himself against the aggression. Aid of armed men 6. light or grave coercion. Employing means to weaken the defense 4. Cuadrilla (“band”) 5.R. or window be broken. it is not an aggravating circumstance. PAR. Abuse of superior strength 3. It is not necessary that the offender should have entered the building. Par. Ignominy – is a circumstance pertaining to the moral order. floor. G. less serious physical injuries. not respecting the walls erected by men to guard their property and provide for their personal safety. is broken in order to get out of the place. Craft 2. REASON FOR AGGRAVATION: One who acts. 19 – That as a means to the commission of a crime. Carmina. IN 25 CRIMINAL LAW Unlawful entry must be a means to effect entrance and not for escape. January 28. Leo San Juan. the law punishes him with more severity. Jr. Ma. TWO DIFFERENT CIRCUMSTANCES GROUPED IN THIS PARAGRAPH: 1. or add to his moral suffering. 1991) Applicable to crimes against chastity. 17 – That means be employed or circumstances brought about which add ignominy to the natural effects of the act. 20 – That the crime be committed (1) with the aid of persons under fifteen years of age. Presupposes that there is no such breaking as by entry through the window. airships. a wall. If the offender broke a window to enable himself to reach a purse with money on the table near that window. or (2) by means of motor vehicles. Claro Regino Sampaga. (People vs.
IGNOMINY (PAR. in carrying away the effects thereof. 15 – ALTERNATIVE CIRCUMSTANCES 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. Francis Benedict Reotutar (Labor Law). airships. 21) Refers to physical suffering Involves suffering moral Unlike mitigating circumstances (par. ART. or adopted brother or sister. Joy Inductivo (VC-Finance). Cruelty – there is cruelty when the culprit enjoys and delights in making his victim suffer slowly and gradually.17) CRUELTY (PAR. 2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE CHAIRPERSONS AND SUBJECT Maricel Abarentos (Over-all Chairperson). or e) Relative by affinity in the same degree of the offender. REQUISITES OF CRUELTY: 1. That the injury caused be deliberately increased by causing other wrong. 21 – That the wrong done in the commission of the crime be deliberately augmented by causing other wrong not necessary for its commission.Secretariat).26 2005 CENTRALIZED BAR OPERATIONS 2. RELATIONSHIP The alternative circumstance of relationship shall be taken into consideration when the offended party is the – a) Spouse. Yolanda Tolentino(VC-Acads). Charmaine Torres (Taxation Law). 13). Jennifer Ang(VC. BASIS: The nature and effects of the crime and the other conditions attending its commission. 2. Jinky Ann Uy (Remedial Law). Art. this would also qualify the killing to murder due to outraging of his corpse. b) Ascendant. 2. and in facilitating their escape. Mark David Martinez (Criminal Law). If the victim was already dead when the acts of mutilation were being performed. and 3. there must be positive proof that the wounds found on the body of the victim were inflicted while he was still alive in order unnecessarily to prolong physical suffering. In order for it to be appreciated. c) Descendant. natural. or other similar means: Intended to counteract the great facilities 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 vehicle in going to the place of the crime. Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law). OTHER RELATIVES INCLUDED: Cruelty is not inherent in crimes against persons. Garny Luisa Alegre (Commercial Law). Elaine Masukat (VCEDP). d) Legitimate. Intoxication. 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. THE ALTERNATIVE CIRCUMSTANCES ARE: 1. That the other wrong be unnecessary for the execution of the purpose of the offender. Romuald Padilla (Civil Law). Relationship. By means of motor vehicles. minors taking advantage of their irresponsibility. there is no provision for aggravating circumstances of a similar or analogous character. Degree of instruction and education of the offender. Jackie Lou Bautista (Legal Ethics) . Par. causing unnecessary physical pain in the consummation of the criminal act. 10. Ronald Jalmanzar (Over-all Vice Chair).
But the relationship of uncle and niece is not covered by any of the relationship mentioned. the accused’s state of intoxication must be proved. It is mitigating when the offense committed is less serious physical injuries or slight physical injuries. In crimes against chastity. 314) and arson (Arts. parricide. 325326). . WHEN INTOXICATION MITIGATING AND WHEN AGGRAVATING: 1. That at the time of the commission of the criminal act. by analogy to the provisions of Art. Ryan Lita. and 2. 263). IT MUST BE SHOWN: 1. Jr. when the offender and the offended party are relatives of the same level (e. WHEN RELATIONSHIP MITIGATING AND WHEN AGGRAVATING: 1. 332. or ii.San Beda College of Law MEMORY AID 1. care and protection. 2. It is aggravating if the offended party is a relative CRIMINAL LAW COMMITTEE CHAIRPERSON: Mark David Martinez EDP: Elaine Masukat ASSISTANTS: Catherine Danao. because it is inseparable from and inherent in the offense. But the serious physical injuries must not be inflicted by a parent upon his child by excessive chastisement. The relationship of stepfather or stepmother and stepson or stepdaughter. Ma. (e. adultery and concubinage). relationship is aggravating where a stepfather raped his stepdaughter or in a case where a father raped his own daughter. If intoxication is not habitual.g. it is neither mitigating nor aggravating. iii. or ii. regardless of whether the offender is a relative of a higher or lower degree of the offended party. Once intoxication is established by satisfactory evidence.g. Albert Rodriguez. As a rule. 294-302). Leo San Juan. c) When the crime is homicide or murder. To be mitigating. even if the offended party is a descendant of the offender. or II. Mary Karen Quizon. of a higher degree of the offender. Claro Regino Sampaga. 312). In crimes against persons – a) It is aggravating where the offended party is a relative of I. REASON: It is the duty of the stepparents to bestow upon their stepchildren a mother’s/father’s affection. Mitigating – i. If intoxication is habitual. If intoxication is not subsequent to the plan to commit a felony. Victoria Yambao. Thus. It is aggravating when the crime involves serious physical injuries (Art. or subsequent to the plan to commit the felony. fraudulent insolvency (Art. ii. a higher degree than the offender. relationship is mitigating in the crimes of robbery (Arts. When the qualification given to the crime is derived from the relationship between the offender and the offended party. if the offended party is a relative of a lower degree. relationship is always aggravating. Gizelle Lou Cabahug. relationship is mitigating in crimes against property. brothers) b) But when it comes to physical injuries: i. Aggravating – i. 336). usurpation (Art. in the absence 2. Bayani Brillante. If it is intentional (subsequent to the plan to commit a felony). d) In rape. TO BE ENTITLED TO THE MITIGATING CIRCUMSTANCE OF INTOXICATION. 321-322. relationship is aggravating even if the victim of the crime is a relative of a lower degree. IN 27 CRIMINAL LAW 3. That such intoxication is not habitual. like acts of lasciviousness (Art. 2. the accused has taken such quantity of alcoholic drinks as to blur his reason and deprive him of a certain degree of control. The relationship of adopted parent and adopted child.
arson. the crime of defamation may be committed if the imputation tends to blacken the memory of one who is dead. 2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE CHAIRPERSONS AND Maricel Abarentos (Over-all Chairperson). Joy Inductivo (VC-Finance). corporation and partnership can be a passive subject of a crime. 16 – WHO ARE CRIMINALLY LIABLE FOR GRAVE AND LESS GRAVE FELONIES 1. This article applies only when the offenders are to be judged by their individual. EXCEPTION: Under Art. However. accomplice. ART. Treason – because love of country should be a natural feeling of every citizen. The classification maybe applied to special laws only if the latter provides for the same graduated penalties as those provided under the RPC. High degree of instruction and education is aggravating. Accomplices 3. Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law). Jennifer Ang(VC. Charmaine Torres (Taxation Law). or an accessory is essential under the RPC. liability.Secretariat). Instruction or education – as an alternative circumstance. . TWO PARTIES IN ALL CRIMES 1. Romuald Padilla (Civil Law). the juristic person. 2. .28 2005 CENTRALIZED BAR OPERATIONS of proof to the contrary. Elaine Masukat (VCEDP). Those who directly force or induce others to commit it (PRINCIPAL BY INDUCTION) SUBJECT ART. and the State. Jinky Ann Uy (Remedial Law). 253. Principals 2.refers to the lack of sufficient intelligence and knowledge of the full significance of one’s acts. REASON: In the commission of light felonies. Mark David Martinez (Criminal Law). Ronald Jalmanzar (Over-all Vice Chair). estafa. Crimes against chastity. 17 PRINCIPALS THE FOLLOWING ARE PRINCIPALS: 1. Yolanda Tolentino(VC-Acads). Only natural persons can be the active subject of crime because of the highly personal nature of the criminal responsibility. Francis Benedict Reotutar (Labor Law). EXCEPTIONS: 1. Garny Luisa Alegre (Commercial Law). it is presumed to be non-habitual or unintentional. when the offender took advantage of his learning in committing the crime. 16 enumerates the active subjects of the crime. Accessories FOR LIGHT FELONIES 1. Passive subject (the injured party) Is the holder of the injured right: the man. theft. Principals 2. Corpses and animals cannot be passive subjects because they have no rights that may be injured. Those who take a direct part in the execution of the act (PRINCIPAL BY DIRECT PARTICIPATION) 2. robbery) 2. however unlettered or uncultured he may be. TITLE TWO: PERSONS LIABLE FOR FELONIES CRIMINALLY The classification of the offenders as principal. Crimes against property (e. GENERAL RULE: Lack of sufficient education is mitigating. does not refer only to literary but more to the level of intelligence of the accused. and 3. and not collective. the social wrong as well as the individual prejudice is so small that penal sanction is deemed not necessary for accessories. the group. Accomplices Accessories are not liable for light felonies.g. Active subject (the criminal) Art.Low degree of instruction and education or lack of it is generally mitigating. Jackie Lou Bautista (Legal Ethics) .
and 2. pars. Mary Karen Quizon. Ryan Lita. That such inducement be the determining cause of the commission of the crime by the material executor. Jr. That they carried out their plan and personally took part in its execution by acts which directly tended to the same end. But there can be a principal by direct participation without a principal by inducement (or by indispensable cooperation). or offering of reward or promise. PRINCIPAL BY INDUCEMENT OFFENDER WHO MADE PROPOSAL TO COMMIT A FELONY TWO WAYS OF BECOMING PRINCIPAL BY INDUCTION: 1. In these cases. By directly forcing another to commit a crime by – CRIMINAL LAW COMMITTEE CHAIRPERSON: Mark David Martinez EDP: Elaine Masukat ASSISTANTS: Catherine Danao. . there can be no principal by inducement (or by indispensable cooperation) unless there is a principal by direct participation. 12. There is collective criminal responsibility. b) Causing uncontrollable fear. Ma. Victoria Yambao. not even a unity of criminal purpose and intention. The one giving the price or offering the reward or promise is a principal by inducement while the one committing the crime in consideration thereof is a principal by direct participation. Thus. 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. it cannot be said that the inducement was influential in producing the criminal act. That they participated in the criminal resolution. b) 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. Gizelle Lou Cabahug. 1 – Principals by direct participation REQUISITES: 1. IN 29 CRIMINAL LAW a) Using irresistible force. If the person who actually committed the crime had reason of his own to commit the crime. 2 – Principals by induction REQUISITES 1. and 2. The inducement must precede the act induced and must be so influential in producing the criminal act that without it. Par.San Beda College of Law MEMORY AID 3. Bayani Brillante. That the inducement be made directly with the intention of procuring the commission of the crime. 5 and 6 (exempting circumstances) 2. Leo San Juan. there is no conspiracy. Albert Rodriguez. There is also collective criminal responsibility. The material executor is not criminally liable because of Art. By directly inducing another to commit a crime by – a) Giving of price. 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. Par. the act would not have been performed. personally taking part in its execution. Only the one using the force or causing the fear is criminally liable. Those who cooperate in the commission of the offense by another act without which it would not have been accomplished (PRINCIPAL BY INDISPENSABLE COOPERATION). Claro Regino Sampaga.
What kind of crime involved Involves any crime The proposal to be punishable must involve only treason or rebellion. there is a crime committed. otherwise. Cooperation in the commission of the offense by performing another act. INDIVIDUAL CRIMINAL RESPONSIBILITY In the absence of any previous conspiracy. 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. Principals by direct participation have collective criminal responsibility. for it can be explained or inferred from the circumstances of each case. Mark David Martinez (Criminal Law). MEANING OF “cooperation in the commission of the offense” Means to desire or wish in common a thing. and 2.Secretariat). If the cooperation is not indispensable. REASON FOR THE RULE: In exempting circumstances. or community of criminal design. 3 – Principal by indispensable cooperation REQUISITES: COLLECTIVE CRIMINAL RESPONSIBILITY This is present when the offenders are criminally liable in the same manner and to the same extent. But if the one charged as principal by direct participation is acquitted because he acted without criminal intent or malice. Charmaine Torres (Taxation Law). his acquittal is not a ground for the acquittal of the principal by inducement. Garny Luisa Alegre (Commercial Law). Jackie Lou Bautista (Legal Ethics) . that is. Principals by induction. the criminal responsibility arising from different acts directed against one and the same person is individual AND 2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE CHAIRPERSONS SUBJECT Maricel Abarentos (Over-all Chairperson). Francis Benedict Reotutar (Labor Law). Jennifer Ang(VC. Par. only that the accused is not a criminal. there is either anterior conspiracy or unity of criminal purpose and intention immediately before the commission of the crime charged. Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law). But that common will or purpose does not necessarily mean previous understanding. However. Elaine Masukat (VCEDP). 2. Ronald Jalmanzar (Over-all Vice Chair). The penalty to be imposed must be the same for all. Joy Inductivo (VC-Finance). unity of criminal purpose and intention immediately before the commission of the crime. 1. such as when the act is not voluntary because of lack of intent on the part of the accused. except those who directly forced another to commit a crime. Yolanda Tolentino(VC-Acads). Principals by indispensable cooperation have collective criminal responsibilities with the principals by direct participation.30 2005 CENTRALIZED BAR OPERATIONS In both There is an inducement to commit a crime When liable Becomes liable only when the crime is committed by the principal by direct participation. EFFECTS OF ACQUITTAL OF PRINCIPAL BY DIRECT PARTICIPATION UPON LIABILITY OF PRINCIPAL BY INDUCEMENT: 1. Conspiracy is negatived by the acquittal of co-defendant. the offender is only an accomplice. and principals by direct participation have collective criminal responsibility. Jinky Ann Uy (Remedial Law). the person to whom the proposal is made should not commit the crime. Romuald Padilla (Civil Law). without which it would not have been accomplished. The mere proposal to commit a felony is punishable in treason or rebellion. Participation in the criminal resolution. the proponent becomes a principal by inducement.
19 ACCESSORIES Accessories are those who – . 2. knowing the criminal design of the principal by direct participation. provided it is not a light felony. parricide. Claro Regino Sampaga. Albert Rodriguez.San Beda College of Law MEMORY AID and not collective. the accessory must receive the property from the principal. 2. ART. the participation of the offender will be considered that of an accomplice rather than that of a principal. By concealing or destroying the body of the crime to prevent its discovery. That there be a relation between the acts done by the principal and those attributed to the person charged as an accomplice. and 3. That he cooperates in the execution of the offense by previous or simultaneous acts. he is not an accessory but a principal in the crime of theft. . and . 2. or assists in the escape of the principal. Ma. he becomes a principal by direct participation. which are indispensable to the commission of crime. 4. he concurs with the latter his purpose. Mary Karen Quizon. Ryan Lita. IN 31 CRIMINAL LAW or accomplices. Assisting the offender to profit by the effects of the crime. Before there could be an accomplice. ART. conceals. conceals or assists in the escape of the author of the crime. take part subsequent to its commission in any of the following acts: 1. or attempts against the life of the President.having knowledge of the commission of the crime. Gizelle Lou Cabahug. there must be a principal by direct participation. and each of the participants is liable only for the act committed by him. In profiting by the effects of the crime. Bayani Brillante. Requisites: 1. 18 ACCOMPLICES Accomplices are persons who. 3. conceal or assist in the escape of the author of the crime who is guilty of treason. that is. He should not take it without the consent of the principal. cooperate in execution of the offense by previous simultaneous acts. In case of doubt. He harbors.without having participated therein either as principals TWO CLASSES OF ACCESSORIES CONTEMPLATED IN PAR. acting as principals. with the intention of supplying material or moral aid in the execution of the crime in an efficacious way. The accessory is a private person. b) Private persons who harbor. If he took it without the consent of the principal. not the and not the They act as mere instruments who perform acts not essential to the perpetration of the offense. 2. Jr. Leo San Juan. The public officer acts with abuse of his public functions. Requisites: 1. The crime committed by the principal is any crime. REQUISITES: 1. By profiting themselves or assisting the offender to profit by the effects of the crime. He harbors. or who is known to be habitually guilty of some other crime. If he inflicted a mortal wound. The person charged as an accomplice should not have inflicted a mortal wound. That there be community of design. The accessory is a public officer. 3. conceal or assist in the escape of the principal of any crime (not light felony) with abuse of his public functions. 3 OF ART. 3. murder. Victoria Yambao. The crime committed by the principal is either: CRIMINAL LAW COMMITTEE CHAIRPERSON: Mark David Martinez EDP: Elaine Masukat ASSISTANTS: Catherine Danao. 19 a) Public officers who harbor.
Jennifer Ang(VC. which compels one to conceal crimes committed by relatives so near as those mentioned in this article. or 4. keeping. IF SUCH ACCESSORY – 1. legitimate. 3160). ACCESSORY IS NOT EXEMPT FROM CRIMINAL LIABILITY EVEN IF THE PRINCIPAL IS RELATED TO HIM. 3 of Art. Romuald Padilla (Civil Law). 116) but as a principal thereof. natural or adopted brother. Where the accused misleads the authorities by giving them false information. As long as the corpus delicti is proved and the accessory’s participation as such is shown. or 3. ascendant. because of an exempting circumstance (Art. selling. Ronald Jalmanzar (Over-all Vice Chair). or 2. the crime involved is a conspiracy to commit treason. Coronel.Secretariat). profited by the effects of the crime. Parricide. of buying. iv. A fence who receives stolen property as above-provided is not an accessory but a principal in the crime defined in and punished by the AntiFencing Law. Elaine Masukat (VCEDP). Murder. Charmaine Torres (Taxation Law). 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. possessing.32 2005 CENTRALIZED BAR OPERATIONS i. sister or relative by affinity within the same degree. Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law). The responsibility of the accessory is subordinate to that of the principal in a crime HOWEVER. If. his silence may hold him liable for misprision of treason (Art.G. REASON: Because such acts are prompted not by affection but by a detestable greed. Treason. or 2. That the principal is known to be habitually guilty of some other crime. 65 O. receiving. Garny Luisa Alegre (Commercial Law). The prescribed acts of the accessory under par. An attempt against the life of the President. ii. 12). descendant. but the principal was not held liable. 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. Jackie Lou Bautista (Legal Ethics) . ART. mere silence does not make one an accessory. with intent to gain. spouse. Jinky Ann Uy (Remedial Law). such act is equivalent to concealment and he should be held as an accessory. 2 must have been intended to prevent the discovery of the crime. Mark David Martinez (Criminal Law). he can be held criminally responsible and meted out the corresponding penalty (Inovero vs. Yolanda Tolentino(VC-Acads). Public officer contemplated in par. 19 is exempt by reason of AND 2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE CHAIRPERSONS SUBJECT Maricel Abarentos (Over-all Chairperson). or v. iii. Fence – is a person who commits the act of fencing. assisted the offender to profit by the effects of the crime. Anti-Fencing Law of 1979 Pres. Decree 1612 AN ACCESSORY IS EXEMPT FROM CRIMINAL LIABLITY WHEN THE PRINCIPAL IS HIS – 1. Joy Inductivo (VC-Finance). such as insanity or minority. conviction of an accessory is possible notwithstanding the acquittal of the principal. CA. hence. it is neither proper nor possible to convict the defendant as an accessory. Francis Benedict Reotutar (Labor Law). however. Fencing – is an act. if the crime was in fact committed. Mere possession of anything of value which has been the subject of robbery or theft shall be prima facie evidence of fencing. Neither the letter nor the spirit of the law requires that the principal be convicted before one may be punished as an accessory. Where the alleged principal is acquitted.
5. Justice – that crime must be punished by the State as an act of retributive justice. 2. Must be commensurate with the offense – different crimes must be punished with different penalties. and moral principles to be vindicated. Reformation – the object of punishment in criminal cases is to correct and reform the offender.San Beda College of Law MEMORY AID relationship to the principal. Mary Karen Quizon. REASON: Because a law cannot be rationally obeyed unless it is TITILE THREE: PENALTIES Chapter One: Penalties in General (Arts. The benefits of the exception in Art. will be considered criminal until the Government has made it so by law and has provided a penalty. 5. Must be personal – no one should be punished for the crime of another. IN 33 CRIMINAL LAW The basis of the right to punish violations of penal law is the police power of the State. 3. 2. Claro Regino Sampaga. Exemplarity – the criminal is punished to serve as an example to deter others from committing crimes. CRIMINAL LAW COMMITTEE CHAIRPERSON: Mark David Martinez EDP: Elaine Masukat ASSISTANTS: Catherine Danao. and rests primarily on the moral rightfulness of the punishment inflicted. 7. 21-24) Penalty – is the suffering that is inflicted by the State for the transgression of the law. without however affecting the integrity of the human personality. Must be certain – no one may escape its effects. 3. Self-defense – so as to protect society from the threat and wrong inflicted by the criminal. Ryan Lita. REASON: Ties of blood or relationship constitutes a more powerful incentive than the call of duty. 6. Must be legal – it is the consequence of a judgment according to law. a conscience to assert. 2. Must be productive of suffering. Retribution or expiation – the penalty is commensurate with the gravity of the offense. P. even if such public officer acted with abuse of his official functions. 1829 penalizes the act of any person who knowingly or willfully obstructs. THEORIES JUSTIFYING PENALTY: 1. Gizelle Lou Cabahug. Social defense – shown by its inflexible severity to recidivists and habitual delinquents. Ma. 21 – PENALTIES THAT MAY BE IMPOSED A felony shall be punishable only by the penalty prescribed by law at the time of its commission. Must be correctional. Penal justice must therefore be exercised by the State in the service and satisfaction of a duty. Correction or reformation – shown by the rules which regulate the execution of the penalties consisting in deprivation of liberty. Prevention – to prevent or suppress the danger to the State arising from the criminal act of the offender.D. ART. 4. 20 do not apply to PD 1829. frustrates or delays the apprehension of suspects and the investigation and prosecution of criminal cases. DIFFERENT JURIDICAL CONDITIONS OF PENALTY 1. impedes. Albert Rodriguez. Jr. Must be equal for all. Bayani Brillante. It is a guaranty to the citizen of this country that no acts of his. Victoria Yambao. THREE-FOLD PURPOSE OF PENALTY UNDER THE CODE: 1. . 3. a vindication of absolute right and moral law violated by the criminal. PURPOSE OF THE STATE IN PUNISHING CRIMES The State has an existence of its own to maintain. Leo San Juan. 4.
22 – RETROACTIVE EFFECT OF PENAL LAWS GENERAL RULE: Penal laws are applied prospectively. When there is a saving clause. EXCEPTION: When retrospective application will be favorable to the person guilty of a felony. An ex post facto law is one which: 1. robbery. criminal liability is obliterated. Changes the punishment and inflicts a greater punishment than the law annexed to the crime when committed. presently on trial for the offense. Francis Benedict Reotutar (Labor Law). If retroactive effect of a new law is justified. and authorizes conviction upon a less or different testimony than the law required at the time of the commission of the offense. Elaine Masukat (VCEDP). When the provisions of the former law are reenacted. 2. theft. 62(5). Charmaine Torres (Taxation Law). in effect imposing a penalty or deprivation of a right for Criminal liability under the repealed law subsists: 1. has already been sentenced but service of which has not begun. the repeal of the repealing law revives the prior penal law. Jackie Lou Bautista (Legal Ethics) . such as the protection of a former conviction or acquittal. is itself repealed. Yolanda Tolentino(VC-Acads). Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law). it shall apply to the defendant even if he is: 1. 22 are applicable even to special laws which provide more favorable conditions to the accused. cannot be made so by statute without violating the constitutional inhibition as to ex post facto laws. EX POST FACTO LAW An act which when committed was not a crime. 1. or makes it greater than it was.Secretariat). 3. Jennifer Ang(VC. estafa. If the repeal is absolute. Alters the legal rules of evidence. The offender is NOT a habitual criminal (delinquent) under Art. Ronald Jalmanzar (Over-all Vice Chair). The provisions of Art. Provided that: something which when done was lawful. within a period of ten years from the date of his release or last conviction of the crimes of serious or less serious physical injuries. Habitual delinquent – a person who. Assumes to regulate civil rights and remedies only. is found guilty of any said crimes a third time or oftener. or a proclamation of amnesty. 2. already serving sentence The retroactive effect of criminal statutes does not apply to the culprit’s civil liability. unless the language of the repealing statute provides otherwise. or The right to punish offenses committed under an old penal law is not extinguished if the offenses are still punishable in the repealing penal law. and 6. or falsification. Joy Inductivo (VC-Finance). Garny Luisa Alegre (Commercial Law). or 3. ART. or When a penal law. 2. 3. Jinky Ann Uy (Remedial Law). 5. Romuald Padilla (Civil Law). When the repeal is by implication. when committed. which impliedly repealed an old law. Aggravates a crime. REASON: The rights of offended persons or innocent third parties are not within the gift of arbitrary disposal of the State. AND 2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE CHAIRPERSONS SUBJECT Maricel Abarentos (Over-all Chairperson). Makes criminal an act done before the passage of the law and which was innocent when done. Mark David Martinez (Criminal Law). 4. 2. The new or amendatory law does NOT provide against its retrospective application. Deprives a person accused of a crime of some lawful protection to which he has become entitled.34 2005 CENTRALIZED BAR OPERATIONS first shown. and a man cannot be expected to obey an order that has not been given.
Pardon must be given PRIOR to institution of criminal action. The offended party may waive the indemnity and the State has no reason to insist in its payment. in the exercise of their administrative or disciplinary CRIMINAL LAW COMMITTEE CHAIRPERSON: Mark David Martinez EDP: Elaine Masukat ASSISTANTS: Catherine Danao. In case the legal husband is the offender. REASON: A crime committed is an offense against the State. PD No. Ma. Is repaired indemnity. as well as their detention by reason of insanity or imbecility. ART. 8353) .San Beda College of Law MEMORY AID ART. Acts of Lasciviousness (Art. it is NOT a ground for extinguishment of criminal liability.EFFECT OF PARDON BY THE OFFENDED PARTY GENERAL RULE – Pardon by the offended party does not extinguish the criminal liability of the offender. to his property. or illness requiring their confinement in a hospital. 23. Caused to the victim of the crime who suffered damage either to his person. Ryan Lita. . 344. Pardon by the offended party under Art.A. 4. 344. 344 is ONLY A BAR to criminal prosecution. accomplices and accessories after the fact. 24 – MEASURES OF PREVENTION OR SAFETY WHICH ARE NOT CONSIDERED PENALTIES THE FOLLOWING ARE NOT CONSIDERED AS PENALTIES: 1.The subsequent valid marriage between the offender and the offended party shall extinguish criminal liability or the penalty imposed. . subsequent forgiveness by the wife as offended party shall also produce the same effect. Seduction. 603) and for the purposes specified therein. Fines and other corrective measures which. Gizelle Lou Cabahug. However. The offended party cannot pardon the offender so as to relieve him of the penalty. his co-principals. 192. Claro Regino Sampaga. RPC) – EXPRESS or IMPLIED pardon must be given by offended party to BOTH offenders. The commitment of a minor to any of the institutions mentioned in Art. Only the Chief Executive can pardon the offenders. Bayani Brillante. Leo San Juan. Victoria Yambao.Pardon by the offended party will bar criminal prosecution in the following crimes: Adultery and Concubinage (Art.Pardon must be given PRIOR to the institution of the criminal action. Rape (as amended by R. Jr. EXCEPTION . Abduction. marriage between the offender and the offended party EVEN AFTER the institution of the criminal action or conviction of the offender will extinguish the criminal action or remit the penalty already imposed against the offender. 80 (now Art. RPC) – EXPRESS pardon given by offended party or her parents or grandparents or guardian . Mary Karen Quizon. IN 35 CRIMINAL LAW Nevertheless. 3. AN OFFENSE CAUSES TWO CLASSES OF INJURIES: SOCIAL INJURY PERSONAL INJURY Produced by the disturbance and alarm which are the outcome of the offense. to his honor or to her chastity. The arrest and temporary detention of accused persons. through Is sought to be repaired through the imposition of the corresponding penalty. civil liability may be extinguished by the EXRESS WAIVER of the offended party. Suspension from the employment or public office during the trial or in order to institute proceedings. 2. Albert Rodriguez.
Secretariat). 4. Because they are not imposed as a result of judicial proceedings. The offender is not subjected to or made to suffer these measures in expiation of or as punishment for a crime. Principal penalties – those expressly imposed by the court in the judgment of conviction. superior officials may impose upon their subordinates. Par. and while thus detained he commits a crime therein. 25 is only a general classification of penalties based on their severity. Joy Inductivo (VC-Finance). Mark David Martinez (Criminal Law). These are: 1) Death 2) Reclusión perpetua 3) Perpetual absolute or special disqualification 4) Public censure 2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE CHAIRPERSONS AND SUBJECT Maricel Abarentos (Over-all Chairperson). Ronald Jalmanzar (Over-all Vice Chair). in consideration of their severity and natures. 80 (now.” Paragraphs 3 and 4 refer to administrative suspension and administrative fines and not to suspension or fine as penalties for violations of the RPC. Those mentioned in paragraphs 1. Jennifer Ang(VC. Reasons why they are not penalties: 1. 5. 70 is provided for successive service of sentences imposed on the same accused. 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. Garny Luisa Alegre (Commercial Law). PD 603). Light This classification corresponds to the classification of felonies in Art. he cannot be considered a quasi-recidivist since his detention was only a preventive measure. CLASSIFICATION OF PENALTIES UNDER ARTICLE 25: a) Based on their severity or gravity 1. into grave. in accordance with Art. 71 are for the purpose of graduating the penalties by degrees in accordance with the rules in Art. 25 – PENALTIES WHICH MAY BE IMPOSED The scale in Art. Elaine Masukat (VCEDP). Where a minor offender was committed to a reformatory pursuant to Art. Deprivation of rights and the reparations which the civil law may establish in penal form. May be further classified based on divisibility i. Divisible – are those that have fixed duration and are divisible into three periods. 9. whereas a quasi-recidivism presupposes the commission of a crime during the service of the penalty for a previous crime. Jackie Lou Bautista (Legal Ethics) . The scale of penalties in Art. ii. 25-26) ART. Jinky Ann Uy (Remedial Law). b) Based on their nature 1. The scales in Art. Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law). Charmaine Torres (Taxation Law). Francis Benedict Reotutar (Labor Law). Correctional. Capital. 332 of the Civil Code. Yolanda Tolentino(VC-Acads). 3. 2.36 2005 CENTRALIZED BAR OPERATIONS powers. It refers to “accused persons” who are detained “by reason of insanity or imbecility. Chapter Two: Classification of Penalties (Arts. 2. nature and subject matter. less grave and light. 1 does not refer to the confinement of an insane or imbecile who has not been arrested for a crime. 3 and 4 are merely preventive measures before conviction of offenders. Afflictive. Indivisible – are those which have no fixed duration. Romuald Padilla (Civil Law). 61.
perpetual or temporary special disqualification. IN 37 CRIMINAL LAW This article determines the classification of a fine whether imposed as a single or as an alternative penalty for a crime. Where the fine in question is exactly P200. The rule herein does not apply where the fine involved is in a compound penalty. 206). 282) or light (Art.000. 204) and perpetual special disqualification. in which case its duration is that of the principal penalty. except when suspensión is an accessory penalty. 27-45) Section One – Duration of Penalties ART. Bond to keep the peace is imposed only in the crime of threats (Art. Corporal (death). Albert Rodriguez. hence the felony involved is a light felony. Restriction of freedom (destierro). suspensión. and 1 day to 40 yrs. 3. it is a correctional penalty. 27 – DURATION OF EACH DIFFERENT PENALTIES 1. Yu Hai. Perpetual or temporary absolute disqualification.San Beda College of Law MEMORY AID 2.00 3. 9 it is a light felony. Jr. except when disqualification is an accessory penalty. 725). Deprivation of freedom (reclusion. 26 (People vs. either grave (Art. . What is really in issue is the prescription of the offense vis-avis the prescription of the penalty. CORRECTIONAL OR LIGHT FINE IS: 1. 99 Phil. Temporary absolute disqualification is a principal penalty when the accessory acts with abuse of public functions (Art. 4.00 Same basis may be applied to Bond to keep the peace by analogy. arresto). c) Based on subject matter 1. 206). it is imposed in conjunction with another penalty. Mary Karen Quizon. HOWEVER. II. Light penalty – less than P200. 284). in malversation (Art. 283). Accessory penalties – are those that are deemed included in the principal penalties. under Art. Deprivation of rights (disqualification and suspension). Prisión correccional. Afflictive – over P6.000. in which case its ART. Perpetual absolute disqualification is a principal penalty in prevaricacion (Art.. EXAMPLES: I. 2. Gizelle Lou Cabahug. Leo San Juan. according to Justice Regalado there is no such discrepancy. whereas under Art. Victoria Yambao. Pecuniary (fine). 58) and temporary special disqualification. Correctional – P200. and 1 day to 12 yrs. in direct bribery (Art. and 1 day to 6 yrs. III. that is. Suspension is a principal penalty in rendition of unjust interlocutory orders (Art. and destierro – 6 mos. Reclusión temporal – 12 yrs. It has been held that this discrepancy should be resolved liberally in favor of the accused. and 1 day to 20 yrs. and suspension may be principal or accessory penalties. hence Art. hence the offense involved is a less grave felony. Bayani Brillante. the former being the forfeiture of the right of the State to prosecute the offender and the latter being the loss of its power to enforce the judgment against the convict. Ryan Lita.00 2.. 2. Ma. Reclusión perpetua – 20 yrs. Chapter Three: Duration and Effects of Penalties (Arts. CRIMINAL LAW COMMITTEE CHAIRPERSON: Mark David Martinez EDP: Elaine Masukat ASSISTANTS: Catherine Danao. prision. Claro Regino Sampaga. 26. 3.00 to P6. Prisión mayor and temporary disqualification – 6 yrs. 217). 9 prevails over Art. 5. 19 and Art. 26 FINE – WHEN AFFLICTIVE. 4.
(Art. he is unable to post the requisite bail. (Art. Charmaine Torres (Taxation Law). Arresto mayor – 1 mo. It applies to destierro. It does not refer to failure or refusal to AND 2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE SUBJECT Maricel Abarentos (Over-all Chairperson). As a penalty for the concubine in concubinage. Bond to keep the peace – the period during which the bond shall be effective is discretionary on the court.38 2005 CENTRALIZED BAR OPERATIONS duration is that of the principal penalty. The following offenders are not entitled to be credited with the full time or four-fifths of the time of preventive imprisonment: 1. 247) 2. In the case of a youthful offender who has been proceeded against under the Child and Youth Welfare Code. Arresto menor – 1 day to 30 days 7. Joy Inductivo (VC-Finance). whether or not he agreed to abide by the same disciplinary rules of the institution. he shall be credited in the service of his sentence with the full time of his actual detention. Jackie Lou Bautista (Legal Ethics) . Yolanda Tolentino(VC-Acads). 1. Francis Benedict Reotutar (Labor Law). even if bailable. Elaine Masukat (VCEDP). In what cases is destierro imposed? 1. including the so-called perpetual penalties as long as they involve deprivation of liberty. And 1 day to 6 mos. 6. Those who. Mark David Martinez (Criminal Law). 29 – PERIOD OF PREVENTIVE IMPRISONMENT DEDUCTED FROM TERM OF IMPRISONMENT Preventive imprisonment – is the period of detention undergone by an accused where the crime with which he is charged is non-bailable or. ART. 28 – COMPUTATION OF PENALTIES 1. Romuald Padilla (Civil Law). In case of failure to give bond for good behavior. Serious physical injuries or death under exceptional circumstances. These rules on preventive imprisonment apply to all sentences regardless of the duration thereof. (Art.Secretariat). 284) 3. since this is indicative of a greater defiance of authority. 5. Ronald Jalmanzar (Over-all Vice Chair). The duration of other penalties – the duration is from the day on which the offender commences to serve his sentence. 334) 4. 2. When the offender is in prison – the duration of temporary penalties is from the day on which the judgment of conviction becomes final. upon being summoned for the execution of their sentence. 2. Jennifer Ang(VC. Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law). In cases where after reducing the penalty by one or more degrees. 3. Recidivists or those convicted previously twice or more times of any crime. Jinky Ann Uy (Remedial Law). When will he be credited only with four-fifths the time during which he has undergone preventive imprisonment? If the detention prisoner does not agree to abide by the same disciplinary rules imposed upon convicted prisoners. correctional and divisible penalty. CHAIRPERSONS 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. is from the day that the offender is placed at the disposal of judicial authorities for the enforcement of the penalty. 2 refers to convicts who failed to voluntarily surrender to serve their penalties under a final judgment. Habitual delinquents are included in No. Garny Luisa Alegre (Commercial Law). failed to surrender voluntarily. destierro is the proper penalty. Destierro is a principal. No. When the offender is not in prison – the duration of penalties consisting in deprivation of liberty. ART.
36) (ART. That such power does not extend to cases of impeachment. To any or all of the accused To whom granted In adultery concubinage. Reclusión temporal ART. Leo San Juan. Ryan Lita. That the power can be exercised only after conviction “by final judgment”. only the effect of that principal penalty is extinguished. Reclusión perpetua. Perpetual absolute disqualification is effective during the lifetime of the convict and even after the service of the sentence. Albert Rodriguez. EXCEPTION: When any or both such rights is/are expressly restored by the terms of the pardon. Gizelle Lou Cabahug.or 3. and 2) Loss of all rights to retirement pay or other pension for any office formerly held. At to the effect on civil liability The offended party can waive the civil liability. When granted Can be validly granted only before the institution of the criminal action. ITS EFFECTS EFFECTS OF PARDON BY THE PRESIDENT 1. hence. par. and must both As to whether it can be conditional CRIMINAL LAW COMMITTEE CHAIRPERSON: Mark David Martinez EDP: Elaine Masukat ASSISTANTS: Catherine Danao. GENERAL RULE: When the principal penalty is remitted by pardon. 23) As to the crime covered Can extend to any crime. the IN 39 CRIMINAL LAW Section Two – Effects of the penalties according to their respective nature. Mary Karen Quizon. 34 IS IMPOSED WHEN THE PENALTY IS: 1. Death which is not carried out. PARDON BY THE PARDON BY CHIEF EXECUTIVE OFFENDED PARTY (ART. 2. but not the accessory penalties attached to it. Temporary absolute disqualification lasts during the term of the sentence. It shall not exempt the culprit from the payment of the civil liability. Claro Regino Sampaga. Jr. Bond to keep the peace is different from bail bond which is posted for the provisional release of a person arrested for or accused of a crime. EXCEPT: 1) Deprivation of the public office or employment. Ma. EXCEPTION: When an absolute pardon is granted after the term of imprisonment has expired.30. subject to the provisions of pertinent election laws at the time. 2. 36 – PARDON. the offender may vote in that exercise. and is removed after the service of the same. LIMITATIONS UPON THE EXERCISE OF THE PARDONING POWER: 1. 2. unless otherwise provided by or subject to conditions in the Constitution or the laws. Can be extended only after conviction by final judgment of the accused. CIVIL INTERDICTION IN ART. 2 (deprivation of the right to vote). A pardon shall not restore the right to hold public office or the right of suffrage. Bayani Brillante. A plebiscite is not mentioned or contemplated in Art. . Does not extinguish criminal liability although it may constitute a bar to the prosecution of the offender. Cannot affect the civil liability ex delicto of the offender.San Beda College of Law MEMORY AID voluntarily surrender after commission of the crime. include offenders. Victoria Yambao. Applies only to crimes against chastity under the RPC. As to extinguishment of criminal liability Extinguishes criminal liability. it removes what is left of the consequences of conviction.
ART. 1. Mark David Martinez (Criminal Law). When the penalty prescribed for the offense is imprisonment. Jinky Ann Uy (Remedial Law). and not as a matter of choice on his part by opting to go to jail instead of paying. Elaine Masukat (VCEDP).Secretariat). 39. Francis Benedict Reotutar (Labor Law). Joy Inductivo (VC-Finance). Jennifer Ang(VC. ART. 3. subject to the rules provided for in Art. Fine 4. If the penalty imposed is not to be executed by confinement. and b) not to exceed 15 days – if prosecuted for light felony. When the penalty imposed is higher than prisión correccional – no subsidiary imprisonment. Garny Luisa Alegre (Commercial Law).00). 38 . 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. hence it must be specifically imposed by the court in its judgment.38 applicable? In case the property of the offender should not be sufficient for the payment of all his pecuniary liabilities. THE FOLLOWING ARE INCLUDED IN COSTS: 1. Indemnification of the consequential damages 3. under the same rules as nos. In case of acquittal. and in no case to continue for more than one year. 5. Jackie Lou Bautista (Legal Ethics) . meaning each party bearing his own expenses. If the penalty imposed is prisión correccional or arresto and fine – subsidiary imprisonment is not to exceed 1/3 of the term of the sentence. 2. Subsidiary penalty is not an accessory penalty.40 2005 CENTRALIZED BAR OPERATIONS May be absolute or conditional Cannot validly be made subject to a condition.PECUNIARY LIABILITIES What are the pecuniary liabilities of persons criminally liable? They are. he shall pay the fine. the costs are de oficio. otherwise the accused cannot be made to serve the corresponding subsidiary imprisonment. it is the penalty actually imposed by the AND 2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE CHAIRPERSONS SUBJECT Maricel Abarentos (Over-all Chairperson). Subsidiary penalty – it is a subsidiary personal liability to be suffered by the convict who has no property with which to meet the fine. and 2. Costs of proceedings. Subsidiary penalty shall be proper only if the accused has no property with which to pay the fine. at the rate of one day for each eight pesos (P8. 39 – SUBSIDIARY PENALTY RULES AS TO SUBSIDIARY PENALTY 1. Yolanda Tolentino(VC-Acads). 4. in the course of judicial proceedings. Fees. Fraction or part of a day. The reparation of the damage caused 2. Indemnities. Ronald Jalmanzar (Over-all Vice Chair). ART. The payment of costs is a matter that rests entirely upon the discretion of courts. but of fixed duration – subsidiary penalty shall consist in the same deprivations as those of the principal penalty. Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law). Romuald Padilla (Civil Law). in the following order: 1. 2 and 3 above. When the penalty imposed is fine only – subsidiary imprisonment a) not to exceed 6 months – if the culprit is prosecuted for grave or less grave felony. Charmaine Torres (Taxation Law). notwithstanding the fact that the convict suffered subsidiary personal liability therefor. Are chargeable to the accused only in cases of conviction. When is Art. In case the financial circumstances of the convict should improve. not counted.
Arresto – suspension of the right to hold office and the right of suffrage during the term of the sentence. 2. Claro Regino Sampaga. Ryan Lita. . RECLUSION PERPETUA Has a specific duration of 20 years and 1 day to 40 years and accessory penalties. The penalty imposed is higher than prisión correccional or 6 years. There is perpetual special disqualification from suffrage. Perpetual absolute disqualification. Prisión correccional i. Imposable on felonies punished by the RPC. Civil interdiction for life or during the sentence. 5. when not executed by reason of commutation or pardon i. Bayani Brillante. not the penalty provided for by the Code. and ii. if not expressly remitted in the pardon. Ma. Perpetual special disqualification from suffrage. 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. if the duration of imprisonment exceeds 18 months. Death. For non-payment of reparation or indemnification. 2. Leo San Juan. Perpetual special disqualification from suffrage. Mary Karen Quizon. 2. and 4. 4. only when the duration of the imprisonment exceeds 18 months. Temporary disqualification. Victoria Yambao. NO SUBSIDIARY PENALTY SHALL BE IMPOSED WHERE: 1. Imposable on crimes punishable by special laws. The proceeds and instruments or tools of the crime are confiscated and forfeited in favor of the Government. The Code does not provide for any accessory penalty for destierro. 39 are applicable to crimes punishable by special laws by force of Art. Gizelle Lou Cabahug. 3. Jr. The rules on subsidiary penalty in Art. Civil interdiction during 30 years. Additional penalty for habitual delinquency should be included in determining whether or not subsidiary penalty should be imposed. 3. For non-payment of costs. 10 of the Code. Albert Rodriguez. CRIMINAL LAW COMMITTEE CHAIRPERSON: Mark David Martinez EDP: Elaine Masukat ASSISTANTS: Catherine Danao. Perpetual absolute disqualification. and absolute LIFE IMPRISONMENT Has no definite term or accessory penalties. Section Three – Penalties in which other accessory penalties are inherent OUTLINE OF ACCESSORY PENALTIES INHERENT IN PRINCIPAL PENALTIES 1. Where the penalty imposed is a fine and another penalty without fixed duration. 45 – CONFISCATION AND FORFEITURE OF THE PROCEEDS OF THE CRIME OUTLINE OF THE PROVISION OF THIS ARTICLE 1. Reclusión perpetua and reclusión temporal i. and ii. Prisión mayor i. Suspension from public office. IN 41 CRIMINAL LAW ii. unless expressly remitted in the pardon of the principal penalty. unless expressly remitted in the pardon of the principal penalty. unless expressly remitted in the pardon of the principal penalty. ART. and ii. which should be considered in determining whether or not subsidiary penalty should be imposed.San Beda College of Law MEMORY AID Court. like censure. profession or calling.
46. When the offender is below 18 years of age at the time of the commission of the crime. 45 cannot apply when 1. The instruments belong to innocent third parties. This accessory penalty presupposes a judgment of conviction. Treason 2. Joy Inductivo (VC-Finance). Qualified Piracy 3. Elaine Masukat (VCEDP). or Arson 9. Infanticide 7. 46-72) Section One – Rules for application of penalties to the persons criminally liable and for the graduation of the same. ART. However. 2. Automatic review is available only in cases where death imposed (R. Jennifer Ang(VC. Intentional Mutilation.Secretariat). 47 CASES WHEREIN THE DEATH PENALTY SHALL NOT BE IMPOSED 1. Kidnapping and Serious Illegal Detention 8. Rape – with the use of a deadly weapon. Violation of certain provisions of the Dangerous Drugs Act 14. 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. Charmaine Torres (Taxation Law). Property of a third person not liable for the offense. BY PERIODS – refers to the proper period of the penalty which should be imposed when aggravating or mitigating circumstances attend the commission of the crime. Rape. The confiscation and forfeiture of the proceeds and instruments of a crime is an accessory penalty.with Homicide 10. Romuald Padilla (Civil Law). Ronald Jalmanzar (Over-all Vice Chair). accomplice or accessory). When upon appeal or automatic review of the case by the Supreme Court. or attempted).where the victim became insane . 2. NO COURT MAJORITY. UNDER AGE. Francis Benedict Reotutar (Labor Law). EXCEPT: When the penalty to be imposed upon the principal in frustrated or attempted felony is fixed by law. When the guilty person is more than seventy (70) years of age. frustrated. 2.A. Yolanda Tolentino(VC-Acads).42 2005 CENTRALIZED BAR OPERATIONS 3. OVER AGE. Jackie Lou Bautista (Legal Ethics) . the judgment of acquittal shall order their forfeiture for appropriate disposition. BY DEGREES – refers to CRIMES PUNISHABLE BY DEATH UNDER THE DEATH PENALTY LAW (RA 7659) 1. When it is legally or physically impossible. or by two or more persons . GRADUATION OF PENALTIES 1. 4. Plunder 13. penalty is Chapter Four: Application of Penalties (Arts. Destructive Arson 12. Parricide 5. 3. a) the The provisions of Art. Murder 6. Such properties have not been placed under the jurisdiction of the court. Qualified Bribery 4. is not subject to confiscation and forfeiture. Jinky Ann Uy (Remedial Law). the vote of eight members is not obtained for the imposition of the death penalty. Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law). and 3. even if the accused is acquitted on reasonable doubt. and b) the degree of the criminal participation of the offender (whether as principal. Robbery – with Homicide. Property not subject of lawful commerce (whether it belongs to the accused or to third person) shall be destroyed. 7659). Garny Luisa Alegre (Commercial Law). stages of execution (consummated. ART. Qualified Rape 11. Mark David Martinez (Criminal Law). but the instruments or proceeds are contraband. Carnapping AND 2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE CHAIRPERSONS SUBJECT Maricel Abarentos (Over-all Chairperson).
the same to be applied in the maximum period. Where one of the offenses is penalized by a special law. only the penalty of imprisonment should be imposed. NO COMPLEX CRIME IN THE FOLLOWING CASES 1. although 2 or more crimes are actually committed. FORMAL OR IDEAL PLURALITY. That only a single act is performed by the offender. THREE GROUPS UNDER THE FORMAL TYPE: a) When the offender commits any of the complex crimes in ART 48. they constitute only one crime in the eyes of the law as well as in the conscience of the offender. These include – Robbery with Homicide Robbery with Rape Rape with Homicide Kidnapping with Serious Physical Injuries Kidnapping with Homicide or Murder The penalty for complex crime is the penalty for the most serious crime. respectively. When one offense is committed to conceal the other. Ma. or (2) one or more grave and one or more less grave felonies. In case of continuing crimes 2. When 2 felonies constituting a complex crime are punishable by imprisonment and fine. REQUISITES: 1.: offender found guilty of a complex crime of homicide with less serious physical injuries through reckless imprudence.San Beda College of Law MEMORY AID IN 43 CRIMINAL LAW Art. 2. 2. Mary Karen Quizon.consists in the successive execution. the same to be applied in its maximum period. 2. CRIME PROPER (delito complejo) – an offense is a necessary means for committing the other. TWO KINDS OF COMPLEX CRIMES: 1. and it is the last in the graduated scales in Art. Ryan Lita. That at least two offenses are committed. Art. Bayani Brillante. 48 COMPLEX CRIMES CONCEPT: 1.only ONE CRIMINAL LIABILITY. Albert Rodriguez. That the single act produces: (1) two or more grave felonies. the penalty for any one of them shall be imposed. REQUISITES: 1. upon any of which no conviction has yet been declared. COMPLEX Plurality of Crimes. Jr. 3. When the other crime is an indispensable part or an element of the other offenses. If different crimes resulting from one single act are punished with the same penalty. of different criminal acts. Gizelle Lou Cabahug. 4. Victoria Yambao. Leo San Juan. Claro Regino Sampaga. In complex crime.g. That one or some of the offenses must be necessary to commit the other. hence there is only one penalty imposed for the commission of a complex crime. That both or all of the offenses must be punished under the same statute. 2. 3. . 48 does not apply when the law ART. REASON: fine is not included in the list of penalties in the order of severity. 71 of the RPC. E. by the same individual. The offender has only one criminal intent. CRIMINAL LAW COMMITTEE CHAIRPERSON: Mark David Martinez EDP: Elaine Masukat ASSISTANTS: Catherine Danao. KINDS: 1. 48 applies to crimes through negligence. COMPOUND CRIME (delito compuesto) – a single act constitutes 2 or more grave or less grave felonies. provides one single penalty for special complex crime.
Each act performed by the offender constitutes a separate crime. If the penalty for the felony committed be lower than the penalty for the offense which the accused intended to commit.57: CONSUMMATED Prin Accom Acces 0 1 2 FRUSTRATED 1 2 3 ATTEMPTED 2 3 4 CONTINUED CRIME 1. 4. Garny Luisa Alegre (Commercial Law). There is a series of acts performed by the offender 2. but all arising from ONE CRIMINAL RESOLUTION. Jennifer Ang(VC. The other figures represent the degrees to which the penalty must be lowered. Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law). REAL OR MATERIAL PLURALITY DIFFERENT CRIMES in law. 2. the lower penalty shall be imposed in its maximum period. each act is generated by a criminal impulse b) When or frustrated crime shall be imposed in its maximum period. Yolanda Tolentino(VC-Acads). PENALTY TO BE IMPOSED IN CASE OF FAILURE TO COMMIT THE CRIME BECAUSE THE MEANS EMPLOYED OR THE AIMS SOUGHT ARE IMPOSSIBLE The penalty for impossible crime is Arresto Mayor (imprisonment of 1 mo and 1 day to 6 mos) or fine ranging from 200-500pesos. Ronald Jalmanzar (Over-all Vice Chair). Joy Inductivo (VC-Finance). as well as in the conscience of the offender. RULES OF GRADUATING PENALTIES According to Arts. For the accomplice in consummated felony – one degree lower. The different acts constitute only one crime. the lower penalty shall be imposed in its maximum period. as follows: 1. 61. 50. 3. all of the acts performed arise from one criminal resolution ART. Elaine Masukat (VCEDP).44 2005 CENTRALIZED BAR OPERATIONS the law specifically fixes a single penalty for two or more offenses committed. which is to be imposed on the principal in a consummated offense.Secretariat). For the principal in attempted felony – two degrees lower. and 2. 64. and the law prescribes a higher penalty for either of the latter. c) When the offender commits continuing crimes. “0” represents the penalty prescribed by law in defining a crime. There is a series of acts performed by the offender 2. length of time in the commission is immaterial. REAL OR MATERIAL PLURALITY 1. 49 PENALTY TO BE IMPOSED UPON THE PRINCIPALS WHEN THE CRIME COMMITTED IS DIFFERENT FROM THAT INTENDED RULES: 1. Mark David Martinez (Criminal Law). 3. BASIS FOR THE IMPOSITION OF PROPER PENALTY 1. ART. the penalty prescribed by law for the felony shall be lowered by one or two degrees. the offender shall be PUNISHED FOR EACH and every offense that he committed. Jackie Lou Bautista (Legal Ethics) . If the act committed also constitutes an attempt or frustration of another crime. 2. consisting of a series of acts. to meet the different situations anticipated by law. Social danger. 2. 59. For the accessory in consummated felony – two degrees lower. AND 2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE SUBJECT Maricel Abarentos (Over-all Chairperson). 50-57. Francis Benedict Reotutar (Labor Law). DIAGRAM OF THE APPLICATION OF ARTS. the penalty for the attempted CHAIRPERSONS In this diagram. CONTINUING CRIME – is a single crime. in accordance with the provisions of Art. Degree of criminality shown by the offender ART. Jinky Ann Uy (Remedial Law). Romuald Padilla (Civil Law). For the principal in frustrated felony – one degree lower. Charmaine Torres (Taxation Law). If the penalty for the felony committed be higher than the penalty for the offense which the accused intended to commit.
Leo San Juan. and habitual delinquency The crimes specified are IN 45 CRIMINAL LAW As to the CRIMES committed It is sufficient that the accused on the date of his trial. When the penalty is composed of two indivisible penalties. When the penalty is single indivisible. he was again convicted of any of said offenses. serves to increase the penalty only to the maximum As to their EFFECTS ART. As to the NUMBER of crimes committed The accused must be found guilty the third time or oftener of the crimes specified. the following rules shall be observed: a) When there is only one aggravating circumstance. it shall be applied regardless of any mitigating (except if privilege mitigating) or aggravating circumstances. within 10 years from his last release or last conviction. Jr. No period of time between the former conviction and the last conviction. Gizelle Lou Cabahug. Claro Regino Sampaga. . ART. he again committed. 63 RULES FOR THE APPLICATION OF INDIVISIBLE PENALTIES OUTLINE OF THE RULES: 1. robbery. that after conviction or after serving his sentence.San Beda College of Law MEMORY AID Section Two – Rules for the application of penalties with regard to the mitigating and aggravating circumstances. the lesser penalty shall be imposed. 3. the greater penalty shall be imposed. but also of imposing an additional penalty. 2. Habitual delinquency has the effect. shall have been previously convicted by final judgment of another crime embraced in the same title. theft. estafa or falsification. Ma. Mitigating circumstances have the effect of diminishing the penalty. 62. Mary Karen Quizon. Aggravating circumstances (generic and specific) have the effect of increasing the penalty. that after his conviction of. Victoria Yambao. 2. Ryan Lita. An additional penalty is also imposed The second offense is for an offense found in the same title. he again committed. REQUISITES OF HABITUAL DELIQUENCY: 1. Habituality distinguished from recidivism HABITUAL RECIDIVISM DELIQUENCY As to the PERIOD of time the crimes are committed The offender is found guilty within ten years from his last release or last conviction. that the offender had been convicted of any of the crimes of serious or less serious physical injuries. not only of increasing the penalty because of recidivism which is generally implied in habitual delinquency. Bayani Brillante. Albert Rodriguez. the lesser penalty shall be imposed. CRIMINAL LAW COMMITTEE CHAIRPERSON: Mark David Martinez EDP: Elaine Masukat ASSISTANTS: Catherine Danao. c) When there is a mitigating circumstance and no aggravating circumstance. 2. or after serving sentence for the second offense. 3. the third time or oftener. and. and. he was again convicted of any of the said crimes for the second time. b) When there is neither mitigating nor aggravating circumstances. If not offset by a mitigating circumstance. within 10 years from his last release of first conviction. EFFECTS OF THE ATTENDANCE OF MITIGATING OR AGGRAVATING CIRCUMSTANCES AND OF HABITUAL DELIQUENCY EFFECTS: 1. without however exceeding the maximum period provided by law.
2. AND 2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE SUBJECT Maricel Abarentos (Over-all Chairperson). 68. The court must consider: (1) the mitigating and aggravating circumstances. Francis Benedict Reotutar (Labor Law). IMPOSITION OF FINES OUTLINE OF THE PROVISION: 1. and accordingly. 3. Elaine Masukat (VCEDP). Romuald Padilla (Civil Law). Material accumulation system No limitation whatever. PENALTY TO BE IMPOSED UPON A PERSON UNDER EIGHTEEN YEARS OF AGE APPLICATION OF ART. because such minor. The court may also consider: (1) the gravity of the crime committed. DIFFERENT SYSTEMS OF PENALTY. and (3) the magnitude of its effects on the offender’s victims. Jinky Ann Uy (Remedial Law). Charmaine Torres (Taxation Law). his application therefore is approved by the court. (2) the heinousness of it s perpetration. THE MAXIMUM DURATION OF THE CONVICT’S SENTENCE shall not be more than three times the length of time corresponding to the most severe of the penalties imposed upon him. Juridical accumulation system Limited to not more than threefold the length of time corresponding to the most severe and in no case to exceed 40 years.Secretariat). But in no case to exceed 40 years. 3. guilty of the offense charged. Jackie Lou Bautista (Legal Ethics) . Joy Inductivo (VC-Finance). Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law). 64 RULES FOR THE APPLICATION OF PENALTIES. the wealth or means of the culprit. if found CHAIRPERSONS 1. ART. Jennifer Ang(VC. SUCCESSIVE SERVICE OF SENTENCE THE THREE-FOLD RULE ART. Ronald Jalmanzar (Over-all Vice Chair). is not sentenced to any penalty. This rule shall apply only when the convict is to serve 4 or more sentences successively. In felonies through negligence 3. all the penalties for all the violations were imposed even if they reached beyond the natural span of human life. RELATIVE TO THE EXECUTION OF TWO OR MORE PENALTIES IMPOSED ON ONE AND THE SAME ACCUSED 1. When the penalty is single and indivisible (except if privileged mitigating) 2. 66. ART. Subsidiary penalty forms part of the penalty. 2.46 2005 CENTRALIZED BAR OPERATIONS d) When both mitigating and aggravating circumstances are present. Mark David Martinez (Criminal Law). This article is applicable when the minor’s application for suspension of sentence is DISAPPROVED or if while in the reformatory institution he becomes INCORRIGIBLE. 2. Yolanda Tolentino(VC-Acads). 3. Absorption system The lesser penalties are absorbed by the graver penalties. The court can fix any amount of the fine within the limits established by law. in which case he shall be returned to the court for the imposition of the proper penalty. When the penalties are prescribed by special laws ART. IF. Garny Luisa Alegre (Commercial Law). the court shall allow them to offset one another. The sentence is suspended and he is ordered committed to the reformatory institution. This is followed in our jurisdiction. 4. 70. WHICH CONTAIN THREE PERIODS CASES IN WHICH MITIGATING AND AGGRAVATING CIRCUMSTANCES ARE NOT CONSIDERED IN THE IMPOSITION OF PENALTY: 1. 68: This article is not immediately applicable to a minor under 18 years of age. When the penalty is only a fine imposed by an ordinance 4. and (2) more particularly.
considering the aggravating and mitigating circumstances.is a penalty prescribed by law composed of three distinct penalties. sentenced to death penalty or life imprisonment 2. 4225 CONCEPT OF INDETERMINATE SENTENCE – is a sentence with a minimum term and a maximum term which. the court is mandated to impose for the benefit of a guilty person who is not disqualified therefore. 72. II. it is anything within the inclusive range of the prescribed penalty. where imprisonment year. the next the medium. so that the penalty has to be lowered by one degree. The aggravating and mitigating circumstances are not considered unless the special law adopts the same terminology for penalties as those used in the RPC (such as reclusión perpetua and the like). Gizelle Lou Cabahug. b) The Minimum Term – must not be less than the minimum term prescribed by the same. B. and the most severe the maximum period. Courts are given discretion in the imposition of the indeterminate penalty. treason. Ma. SENTENCE IN THE ISL In imposing a prison sentence for an offense punished by the Revised Penal Code or special penal laws. or conspiracy or proposal to commit treason 3. each forming a period: the lightest of them shall be the minimum.San Beda College of Law MEMORY AID I. rebellion. when the maximum imprisonment exceeds one (1) year. WHEN BENEFIT OF THE ISL IS NOT APPLICABLE: The Indeterminate Sentence Law shall not apply to the following persons: 1. It applies to both violations of Revised Penal Code and special laws. The Maximum Term – is that which could be properly imposed under the RPC. Albert Rodriguez. 4103 as amended by Act No. piracy 5. Victoria Yambao. the STARTING POINT for determining the minimum term of the indeterminate penalty is the penalty next lower than that prescribed by the Code for the offense. 73-77) ART. IN 47 CRIMINAL LAW ART. . Jr. A. 2. IF THE PENALTY IS IMPOSED BY THE RPC: 1. The MinimumTerm – is within the range of the penalty one degree lower than that prescribed by the RPC. habitual delinquents ISL application is mandatory. INDETERMINATE SENTENCE LAW (ISL) Act No. WHEN THE PENALTY IS A COMPLEX ONE COMPOSED OF THREE DISTINCT PENALTIES COMPLEX PENALTY . Mary Karen Quizon. without considering the circumstances. IF THE PENALTY IS IMPOSED BY SPECIAL PENAL LAW a) The Maximum Term – must not exceed the maximum term fixed by said law. For SPECIAL LAWS. Bayani Brillante. 77. PREFERENCE IN THE PAYMENT OF CIVIL LIABILITIES Civil liability is satisfied by following the chronological order of the dates of the final judgment. Leo San Juan. BUT when there is a privileged mitigating circumstance. Section Three – Provisions common in the last two preceding sections (Arts. the court shall sentence the accused to an indeterminate sentence. Claro Regino Sampaga. which has a maximum and a minimum term based on the penalty actually imposed. would exceed one CRIMINAL LAW COMMITTEE CHAIRPERSON: Mark David Martinez EDP: Elaine Masukat ASSISTANTS: Catherine Danao. misprision of treason. Ryan Lita. sedition or espionage 4.
for his final release and discharge. he may be rearrested to serve the remaining unexpired portion of the MAXIMUM sentence. RELEASE OF THE PRISONER ON PAROLE The Board of Pardons and Parole may authorize the release of a prisoner on parole. or youth. sentenced to the penalty of destierro or suspension only C. A child nine years of age or under at the time of the commission of the offense shall be exempt from criminal liability and shall be committed to the care of his or her father or mother. F. it shall DETERMINE the imposable penalty and the civil liability chargeable against him. ENTITLEMENT TO FINAL RELEASE AND DISCHARGE If during the period of surveillance such paroled prisoner shall: (a) show himself to be a law abiding citizen and. or evaded sentence 7. granted with conditional pardon by the President. THE CHILD AND YOUTH WELFARE CODE (PD 603. 2. (b) shall not violate any law. maximum term of imprisonment does not exceed 1 year 9. but he is not fitted for release on the parole. as amended) Who is a Youthful Offender? A youthful offender is a child. Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law). Yolanda Tolentino(VC-Acads). the Board may issue a final certification in his favor. and thereafter. b) There is reasonable probability that he will live and remain at liberty without violating the law. Joy Inductivo (VC-Finance). Jennifer Ang(VC. D. Romuald Padilla (Civil Law). Elaine Masukat (VCEDP). Even if a prisoner has already served the MINIMUM. E. escaped from confinement. Ronald Jalmanzar (Over-all Vice Chair). Jinky Ann Uy (Remedial Law). upon terms and conditions prescribed by the Board. Charmaine Torres (Taxation Law). Garny Luisa Alegre (Commercial Law). But when the paroled prisoner violates any of the conditions of his parole during the period of surveillance. (b) the prisoner shall serve the remaining unexpired portion of the maximum sentence for which he was originally committed to prison. after he shall have served the minimum penalty imposed on him.Secretariat). REASONS FOR FIXING THE MAXIMUM AND MINIMUM TERMS IN THE INDETERMINATE SENTENCE The minimum and maximum terms in the IS must be fixed. he shall continue to serve until the end of the MAXIMUM term. 1. Whenever a prisoner has: (a) served the MINIMUM penalty imposed on CHAIRPERSONS him. but violated the terms thereof 8. because they are the basis for the following: 1. and (b) is fit for release of the prisoner on parole. 2. in which case he shall be proceeded against in accordance with Article 192. or nearest relative or family friend in the discretion of the court and subject to its supervision The same shall be done for a child over nine years and under fifteen years of age at the time of the commission of the offense. SANCTION FOR VIOLATION OF CONDITIONS OF THE PAROLE When the paroled prisoner shall violate any of the conditions of his parole: (a) the Board may issue an order for his arrest. AND 2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE SUBJECT Maricel Abarentos (Over-all Chairperson). The purpose of the Child and Youth Welfare Code is to avoid a situation where JUVENILE OFFENDERS would commingle with ordinary criminals in prison. c) Such release will not be incompatible with the welfare of society. Jackie Lou Bautista (Legal Ethics) . Francis Benedict Reotutar (Labor Law). minor.48 2005 CENTRALIZED BAR OPERATIONS 6. 3. Mark David Martinez (Criminal Law). unless he acted with discernment. provided that: a) Such prisoner is fitted by his training for release. who is over nine years but under eighteen years of age at the time of the commission of the offense. If the court finds that the youthful offender committed the crime charged against him. including one who is emancipated in accordance with law.
8. Probation may be granted whether the sentence imposed a term of imprisonment or fine only. and the order granting or denying probation shall NOT BE APPEALABLE. CRITERIA FOR PLACING OFFENDER ON PROBATION AN CRIMINAL LAW COMMITTEE CHAIRPERSON: Mark David Martinez EDP: Elaine Masukat ASSISTANTS: Catherine Danao. or b) To PRONOUNCE the judgment of conviction. the court shall determine whethera) To DISMISS the case. CONCEPT PROBATION is a disposition under which a defendant after conviction and sentence is released subject to conditions imposed by the court and to the supervision of a probation officer. D. Bayani Brillante. if the conditions mentioned are not met. (1) has been found incorrigible. When the youthful offender has reached the age of TWENTY-ONE while in commitment. the convicted offender may apply for PROBATION. 6. it finds that the best interest of the public and that of the offender will be served thereby. The youthful offender shall be RETURNED to the committing court for pronouncement of judgment. Ma. POST-SENTENCE INVESTIGATION The convict is not immediately placed on probation. 2. the trial court MAY SUSPEND the execution of the sentence. the youthful offender shall be credited in the service of his sentence with the full time spent in actual commitment and detention. The final release of a youthful offender. C. Mary Karen Quizon. 4. PROBATION LAW OF 1976 IN 49 CRIMINAL LAW (PD 968. as amended. 6. providing for suspension of sentence. B. . In the latter case. 5. Accessory penalties are deemed suspended once probation is granted. or (2) has willfully failed to comply with the conditions of his rehabilitation programs. A minor who is ALREDY AN ADULT at the time of his conviction is not entitled to a suspension of sentence. The benefits of Article 192 of PD 603. NO application for probation shall be entertained or granted if the defendant has PERFECTED AN APPEAL from the judgment of conviction. Victoria Yambao. 5. The application shall be filed with the trial court. Leo San Juan. RULES ON GRANT OF PROBATION 1. upon APPLICATION by the defendant within the period for perfecting an appeal. Gizelle Lou Cabahug. 3. if the youthful offender has behaved properly and has shown his capability to be a useful member of the community. 196 shall not obliterate his CIVIL LIABILITY for damages. or (2) one who is convicted of an offense punishable by death or life imprisonment. 9. when the youthful offender. based on good conduct as provided in Art. Jr. APPLICATION This shall apply to all offenders except those entitled to benefits under PD 603 and similar laws. Claro Regino Sampaga. upon application of the youthful offender. Filing of application for probation operates as a WAIVER OF THE RIGHT TO APPEAL. 7. After having convicted and sentenced a defendant. AS AMENDED) A. and place the defendant on probation. In any case. Albert Rodriguez. There shall be a prior investigation by the probation officer and a determination by the court. Ryan Lita. The court may not pronounce judgment of conviction but instead SUSPEND all further proceedings if. or (3) when his continued stay in the training institution would be inadvisable. shall NOT APPLY TO (1) a youthful offender who once enjoyed suspension of sentence under its provisions. 4. E.San Beda College of Law MEMORY AID 3.
at such place as may be specified in the order. AND 2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE SUBJECT Maricel Abarentos (Over-all Chairperson). the enumeration is not inclusive. and not incompatible with the freedom of conscience of probationer. 2. Discretionary or special – additional conditions listed. the probationer shall SERVE the sentence originally imposed. If the convict is sentenced to a term of imprisonment of NOT more than one year. Probation will depreciate the seriousness of the offense committed. Probation statutes are liberal in character and enable the courts to designate practically ANY term it chooses. J. he has fulfilled the terms and conditions of his probation. the period of probation shall not exceed 2 years. or (b) continue his probation and MODIFY the conditions thereof. the court may (a) REVOKE his probation. Jennifer Ang(VC. 3. When the sentence imposes a fine only and the offender is made to serve subsidiary imprisonment. H. 2. which the courts may additionally impose on the probationer towards his correction CHAIRPERSONS and rehabilitation outside prison. and physical condition of the offender. said period shall not exceed 6 years. Available institutional and community resources. CONDITIONS OF PROBATION 2 KINDS OF CONDITIONS IMPOSED: 1. b) He reports to the probation officer at least once a month. This order is not appealable. HOWEVER. Also. Francis Benedict Reotutar (Labor Law). Previously convicted by final judgment of an offense punished by imprisonment of not less than 1 month and 1 day and/or a fine not less than P200. 3. Jackie Lou Bautista (Legal Ethics) . F. The offender is in need of correctional treatment that can be provided effectively by his commitment to an institution. There is undue risk of committing another crime. If revoked. the probation is cancelled.Secretariat). they must not be unduly restrictive of probationer. as long as the probationer’s Constitutional rights are not jeopardized. Once placed on probation. PROBATION SHALL BE DENIED IF THE COURT FINDS THAT: 1. TERMINATION OF PROBATION The court may order the final discharge of the probationer upon finding that. within 72 hours from receipt of order. Yolanda Tolentino(VC-Acads). Mandatory or general – once violated. 2. They are: a) Probationer: Presents himself to the probation officer designated to undertake his supervision. If violation is established. Ronald Jalmanzar (Over-all Vice Chair). 3. Romuald Padilla (Civil Law). 3. 2. PERIOD OF PROBATION FOR HOW LONG MAY A CONVICT BE PLACED ON PROBATION? 1. Garny Luisa Alegre (Commercial Law). The period of probation shall be twice the total number of days of subsidiary imprisonment. 2. if he is sentenced to more than one year. Convicted of subversion or any crime against the national security or the public order. At any time during probation. Mark David Martinez (Criminal Law). 2. environment. In all other cases. Charmaine Torres (Taxation Law). K. All information relative to the character. ARREST OF PROBATIONER AND SUBSEQUENT DISPOSITIONS 1. Jinky Ann Uy (Remedial Law). Sentenced to serve a maximum term of imprisonment of more the 6 years. Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law). DISQUALIFIED OFFENDERS THE BENEFITS OF THE DECREE SHALL NOT BE EXTENDED TO THOSE: 1. mental. 4. antecedents. I. Elaine Masukat (VCEDP). Joy Inductivo (VC-Finance).50 2005 CENTRALIZED BAR OPERATIONS The court shall consider: 1. the court may issue a warrant for the ARREST of a probationer for any serious violation of the conditions of probation. G.
89. Bayani Brillante. By MARRIAGE OF THE OFFENDED WOMAN with the offender in the crimes of rape. Woman. 2. Albert Rodriguez. ART. and is rarely if ever exercised in favor of a single individual. 83. 4. Convict who becomes insane. Penalty for the concubine in concubinage (Art. Includes crime and exercised any is 1. 3. 2. When. SUSPENSION OF THE EXECUTION OF THE DEATH SENTENCE Death sentence shall be suspended when accused is a: 1. seduction. CRIMINAL LIABILITY IS TOTALLY EXTINGUISHED Note that the probation is NOT coterminous with its period. Chapter One: Total Extinction Criminal Liability (Arts. Restoration of all civil rights lost or suspended. There must be an order issued by the court discharging the probationer. 78-88) ART. By ABSOLUTE PARDON 5. Failure to give bond for good 3. as provided under Art 344. Person over 70 years of age. which completely extinguishes the penalty and all its effects. TITLE FOUR: EXTINCTION OF CRIMINAL LIABILITY CRIMINAL LAW COMMITTEE CHAIRPERSON: Mark David Martinez EDP: Elaine Masukat ASSISTANTS: Catherine Danao. EFFECTS OF TERMINATION OF PROBATION Case is deemed terminated. 334). and acts of lasciviousness. Ma. 247). within one year after delivery. destierro is the proper penalty. In the crimes of rape.San Beda College of Law MEMORY AID L. after reducing the penalty by one or more degrees. while pregnant. abduction. . IN 51 CRIMINAL LAW of 1. PARDON – is an act of grace. 89-93) ART. By PRESCRIPTION OF PENALTY 7. seduction. which exempts the individual on whom it is bestowed from the punishment the law inflicts for the crime he has committed. DESTIERRO ONLY IN THE FOLLOWING CASES IS DESTIERRO IMPOSED: 1. 284). 4. proceeding from the power entrusted with the execution of the laws. 2. AMNESTY – is an act of the sovereign power granting oblivion or general pardon for a past offense. Mary Karen Quizon. Gizelle Lou Cabahug. A blanket pardon to classes of persons or communities who Chapter Five: Execution and Service of Penalties (Arts. abduction. after final sentence of death has been pronounced. 87. HOW CRIMINAL LIABLITY TOTALLY EXTINGUISHED: 1. Claro Regino Sampaga. the marriage. must be contracted in good faith. Death or serious physical injuries is caused or are inflicted under exceptional circumstances (Art. behavior in grave and light threats (Art. By the DEATH of the convict as to personal penalties. Woman. and acts of lasciviousness. By AMNESTY. Pardon distinguished from amnesty PARDON AMNESTY 1. Ryan Lita. 3. Fully discharges liability for any fine imposed. By SERVICE OF SENTENCE. and is usually extended in behalf of certain classes of persons who are subject to trial but have not yet been convicted. 4. Leo San Juan. Jr. 3. liability is extinguished only when the death of the offender occurs before or after final judgment 2. By PRESCRIPTION OF THE CRIME 6. Victoria Yambao. BUT as to pecuniary penalties.
Light penalties – 1 year ART. the highest penalty shall be made the basis of the application of the rules contained above. 4. 2.Secretariat). May be exercised even before trial or investigation is had 3. Garny Luisa Alegre (Commercial Law). PRESCRIPTIVE PERIODS OF PENALTIES: 1. Does not alter the fact that the accused is a recidivist as it produces only the extinction of the personal effects of the penalty. c) goes to a foreign country with which we have no extradition treaty. COMPUTATION OF THE PRESCRIPTION OF PENALTIES OUTLINE 1. Does not extinguish the civil liability of the offender 6. Correctional penalties – 10 years except for the penalty of arresto mayor which prescribes in 5 years. Jennifer Ang(VC. Light offenses – 2 months Prescription of the penalty – is the loss or forfeiture of the right of the government to execute the final sentence. Crimes punishable by a) Death. Francis Benedict Reotutar (Labor Law). because it obliterates the last vestige of the crime. 4. it does not work for the restoration of the rights to hold public office. Exercised when the person is already convicted 3. after the lapse of a certain time. Yolanda Tolentino(VC-Acads). Romuald Padilla (Civil Law). Charmaine Torres (Taxation Law). Elaine Masukat (VCEDP). 93. That the convict evaded the service of his sentence by escaping during the term of his sentence SUBJECT 5. Death and reclusión perpetua – 20 years 2. When the penalty fixed by law is a compound one. Other afflictive penalties – 15 years 3. 2. Merely looks FORWARD and relieves the offender from the consequences of an offense of which he has been convicted. must be pleaded and proved by the person pardoned 5. 2. Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law). It is interrupted when the convict a) gives himself up. Ronald Jalmanzar (Over-all Vice Chair). is a PUBLIC ACT of which the courts should take judicial notice Prescription of the crime – is the forfeiture or loss of the right of the State to prosecute the offender. PRESCRIPTIVE PERIODS OF CRIMES: 1. Jinky Ann Uy (Remedial Law). 4. or the right of suffrage. Crime of libel – 1 year 3.52 2005 CENTRALIZED BAR OPERATIONS individually by the President 2. may be guilty of political offenses. Mark David Martinez (Criminal Law). Offenses of oral defamation and slander by deed – 6 months 4. Looks BACKWARD and abolishes and puts into oblivion the offense itself. Being a Proclamation of the Chief Executive with the concurrence of Congress. Period of prescription commences to run from the date when the culprit evaded the service of his sentence. it so overlooks and obliterates the offense with which he is charged that the person released by amnesty stands before the law precisely as though he had committed no offense. Being PRIVATE ACT by the President. reclusión perpetua or reclusión temporal – 20 years b) afflictive penalties – 15 years c) correctional penalties – 10 years except those punishable CHAIRPERSONS 2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND Maricel Abarentos (Over-all Chairperson). Joy Inductivo (VC-Finance). Does not extinguish the civil liability of the offender 6. by arresto mayor which shall prescribe in 5 years. That the penalty is imposed by final judgment 2. ELEMENTS 1. b) is captured. or d) commits any crime before the expiration of the period of prescription. unless such rights are expressly restored by means of pardon. after the lapse of a certain time. Jackie Lou Bautista (Legal Ethics) . Makes an exconvict no longer a recidivist.
By PAROLE a. Civil liability arising from other sources of obligations is not impliedly instituted with the criminal action). and others wherein no civil liability arises on the part of the offender. 4. Mary Karen Quizon. The convict who escape from prison has not given himself up. 159 OF THE RPC. PARTIAL EXTINCTION OF CRIMINAL LIABILITY CRIMINAL LIABILITY IS PARTIALLY EXTINGUISHED: 1. 100. 100-103) ART. the Board of Pardons and Parole is authorized to : (1) direct his ARREST AND RETURN TO CUSTODY and thereafter. rebellion. because of the disturbance of the social order. or gone to a foreign country 4. That the penalty has prescribed because of the lapse of time from the date of the evasion of service of the sentence by the convict. is granted by the Board of Pardons and Parole under the CRIMINAL LAW COMMITTEE CHAIRPERSON: Mark David Martinez EDP: Elaine Masukat ASSISTANTS: Catherine Danao. the convict CANNOT BE PROSECUTED UNDER ART. By PROBATION.San Beda College of Law MEMORY AID 3. Gizelle Lou Cabahug. b. (See Section 1. contempt. Rule 111 of the 2000 Rules on Criminal Procedure. UNLESS it involves the crime of treason. 159 of the Code IN 53 CRIMINAL LAW provision of the Indeterminate Sentence Law 2. For violation of the conditional pardon. either because there are no damages to be compensated or there is no private person injured by the crime. May be given at any time after final judgment. See Probation Law page42 5. Conditional pardon distinguished from parole CONDITIONAL PAROLE PARDON 1. Chapter Two: Partial Extinction of Criminal Liability (Arts. without being granted a pardon. Albert Rodriguez. CIVIL LIABILITY OF A PERSON GUILTY OF FELONY A CRIME HAS A DUAL CHARACTER: 1. and 2. . As an offense against the private person injured by the crime. By CONDITIONAL PARDON. Ma. 94-99) ART. Victoria Yambao. he can be re-arrested and reincarcerated to serve the unserved portion of his original penalty. Parole – is the suspension of the sentence of a convict. prescribing the terms upon which the sentence shall be suspended Code 2. the convict may be ordered re-arrested or re-incarcerated by the Chief Executive. May be given after the prisoner has served the minimum penalty. 2. If the convict fails to observe the condition of the parole. espionage. after serving the minimum term of the indeterminate penalty. For GOOD CONDUCT ALLOWANCES which the culprit may earn while he is serving sentence. Ryan Lita. (2) to CARRY OUT HIS SENTENCE WITHOUT REDUCTION of the time that has elapsed between the date of the parole and the subsequent arrest. or may be PROSECUTED under Art. Bayani Brillante. because such dismissal or extinction of the penal action does not carry with it the extinction of the civil action. EFFECT OF ACQUITTAL Extinction of the penal action does NOT carry with it extinction of the civil. is granted by the Chief Executive under the provisions of the Administrative 1. As an offense against the state. For violation of the terms of the parole. UNLESS the extinction proceeds from a declaration in a final judgment that the fact from which the civil liability might arise did not exist. or been captured. Jr. TITLE FIVE: CIVIL LIABILITY Chapter One: Persons Civilly Liable for Felonies (Arts. 94. By COMMUTATION OF SERVICE 3. EFFECT OF DISMISSAL OF CASE The dismissal of the information or the criminal action does NOT affect the right of the offended party to institute or continue the civil action already instituted arising from the offense. Claro Regino Sampaga. Leo San Juan.
tavernkeeper or proprietor of establishment or his employee committed a violation of municipal ordinance or some general or special police regulation. 104. Mark David Martinez (Criminal Law). person. 2. That the crime is committed in such inn. WHAT IS INCLUDED IN CIVIL LIABILITY RESTITUTION – restitution of the thing itself must be made whenever possible even when found in the possession of a third person except when acquired by such person in any manner and under the requirements which. ART. tavernkeeper. PEOPLE OF THE PHILIPPINES. tavern or establishment. The employer. 2. Any of their servants. RULES REGARDING CIVIL LIABILITY IN CERTAIN CASES . apprentices. 12 which provides for failure to perform an act required by law when prevented by some lawful or insuperable cause. 104-111) Liability ART. or proprietor civilly liable for the crime committed in his establishment. Jackie Lou Bautista (Legal Ethics) . Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law). 12 which provides for injury caused by mere accident. ART. 2. (DE GUZMAN vs. pupils. or corporation is engaged in any kind of industry. 2003) In all these cases. The guests followed the directions of the innkeeper or his representative with respect to the care of and vigilance over such goods. teacher. or employees commits a felony while in the discharge of his duties. Concurrence of all elements makes the innkeeper. the person benefited by the prevention of the evil or injury shall be civilly liable in proportion to the benefit he received. civil liability exdelicto is extinguished.No civil liability is imposed in cases falling under justifying circumstances EXCEPT: under paragraph 4. AND PROPRIETORS OF ESTABLISHMENTS ELEMENTS UNDER PARAGRAPH 1 1. TAVERNKEEPERS. Garny Luisa Alegre (Commercial Law). in order to avoid evil or injury. 102. Elaine Masukat (VCEDP). . REPARATION OF DAMAGES – reparation will be ordered by the court if AND 2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE CHAIRPERSONS SUBJECT Maricel Abarentos (Over-all Chairperson). SUBSIDIARY LIABILITY OF INNKEEPERS. No civil liability in paragraph 7 of Art.Secretariat). That the person criminally liable is insolvent. October 8. G. No civil liability in paragraph 4 of Art. Jinky Ann Uy (Remedial Law). No. SUBSIDIARY CIVIL LIABILITY OF OTHER PERSONS ELEMENTS 1. Jennifer Ang(VC. Chapter Two: What Civil Includes (Arts. ART. workmen. where a person does an act. bar an action for its recovery. 101.54 2005 CENTRALIZED BAR OPERATIONS EFFECT OF DEATH OF THE OFFENDER If the offender dies prior to the institution of the action or prior to the finality of judgment. The said employee is insolvent and has not satisfied his civil liability. Joy Inductivo (VC-Finance). Such goods of the guests lodging therein were taken by robbery with force upon things or theft committed within the inn or house.R. by law. Yolanda Tolentino(VC-Acads). 2. Romuald Padilla (Civil Law).Civil liability is still imposed in cases falling under exempting circumstances EXCEPT: 1. Francis Benedict Reotutar (Labor Law). That the guests notified in advance the innkeeper or the person representing of the deposit of their goods within the inn or house. Charmaine Torres (Taxation Law). civil liability from sources other than delict are not extinguished. Ronald Jalmanzar (Over-all Vice Chair). 3. 3. ELEMENTS UNDER PARAGRAPH 2 1. 3. That the innkeeper. causing damage to another. 103. 154579.
The court shall determine the amount of damage. Mary Karen Quizon. INDEMNIFICATION FOR DAMAGES – includes not only those caused the injured party. Gizelle Lou Cabahug. but also.END OF BOOK ONE IN 55 CRIMINAL LAW CRIMINAL LAW COMMITTEE CHAIRPERSON: Mark David Martinez EDP: Elaine Masukat ASSISTANTS: Catherine Danao. Albert Rodriguez. . whenever possible. those suffered by his family or by a third person by reason of the crime. Victoria Yambao. Ryan Lita. Leo San Juan. Claro Regino Sampaga.San Beda College of Law MEMORY AID restitution is not possible. Bayani Brillante. and its special sentimental value. Jr. taking into consideration the price of the thing. Ma. .
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