TAMAYO NOTES ON CRIMINAL LAW 1

Joyelle Kristen C. Tamayo

CRIMINAL LAW
 Defines crimes CHARACTERISTICS OF CRIMINAL LAW: TGP (Key: Botika to)
 Treats of their nature
 Provides for punishment 1. General
 GR: Binding on all persons who live or sojourn in
CRIME FELONY OFFENSE INFRACTION the Philippines
A generic Crimes Crimes or  XPN: Principles of Public International Law, Laws
term; may defined punished MISDEMEANOR of Preferential Application (R.A. 75, VFA)
refer to RPC under under special - Violation of  SCAMM
or special RPC penal laws ordinance o Sovereigns/heads of state
penal laws o Charges d’affaires
o Ambassadors
Common law crimes o Ministers resident
o Ministers plenipotentiary
 Punishable even without a law providing for its  Consuls, vice-consuls are not exempt.
punishment
 There are no common law crimes in the 2. Territorial
Philippines. (U.S. vs. Taylor)  GR: Article 1, Constitution
 Basis: Nullum crimen nulla poena sine lege o Punish crimes committed within the Philippine
territory
Who has the power to punish crimes?  XPN: Article 2, RPC – Extra-territoriality principle
F-SPIN/E
 GR: The State (U.S. vs Pablo) o Forge or counterfeit any Philippine coin or
o Police power currency note
o through Congress o Ship or airship - offense committed
 XPN: o Public officers in the exercise of their functions
o Art. III, Sec. 1, 2, 3(1) (2), 19(1), Consti - Due o Introduce into the Philippines forging or
process, equal protection, searches and seizure, counterfeiting any PH coin or currency note
privacy, inadmissible evidence, against excessive o Against National security and the law of nations
fines, against cruel, degrading or inhuman o Exterritoriality - Crimes committed in a
punishment, death penalty reduced to reclusion Philippine embassy abroad
perpetua
o Ex post facto law (People vs. Villaraza) Rule on Foreign Merchant Vessels
 Retroactive application of laws prejudicial to  French Rule
the accused GR: law of the flag of ship
 Criminalizes an innocent act done XPN: affects peace and security of host country
o Bill of Attainder (People vs. Ferrer)  English Rule – Philippines adheres to English Rule
 Imposes punishment or penalty without GR: law of the situs/location of ship
benefit of a judicial trial; or XPN: internal management
 Classifies names or persons to be already
3. Prospective
guilty of a crime
 GR: Cannot later punish an innocent act before
 XPN: Favorable to the accused – retroactivity
THEORIES IN CRIMINAL LAW: CPE
applies
 XPN to the XPN: new law made expressly
1. Classical
inapplicable to pending crimes; offender is
o “an eye for an eye” system; retribution
habitual criminal
2. Positivist
o victim of the circumstances; reformation EFFECTS OF REPEAL ON PENAL LAWS:
3. Eclectic – combination of C & P 1. Penalty lighter – new law applies
o social economic crimes – positivist 2. Penalty heavier – law at the time of commission
o heinous crimes – classical applies
o Philippines adheres to the Eclectic Theory. 3. Total repeal – crime is obliterated (no longer
punishable)

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Joyelle Kristen C. Tamayo

Q: When a victim dies, intent to kill is conclusively presumed

from the act of killing. But where the victim survives, intent to
CONSTRUCTION OF PENAL LAWS kill cannot be presumed but must be proved.
 Liberally in favor of the accused A: TRUE
 Spanish text prevails over the English text
MOTIVE
DURA LEX, SED LEX GR:
The law is harsh but it is the law.  Not an essential element of a crime;
 Not needed if the identity of the accused is established
IN DUBIO PRO REO
beyond reasonable doubt
When in doubt, rule in favor of the accused.
XPN: ICED (Key: …Coffee?)
EQUIPOSE RULE  Identity of the accused is doubtful
When the evidence of the prosecution and the defense are so  Evidence merely circumstantial
evenly balanced the appreciation of such evidence calls for  No eyewitnesses
tilting of the scales in favor of the accused  Self-defense

INTENT MOTIVE
NULLUM CRIMEN NULLA POENA SINE LEGE
Reason or moving power
There is no crime when there is no law punishing the same. Purpose to use a particular
which impels one to commit
means to effect such result
an act for a definite result
ART. 3 – FELONIES
An element of the crime
Not an element of the crime
except culpable felonies
ELEMENTS:
1. Act or omission MALA IN SE MALA PROHIBITA
2. Punishable by RPC Need no intent; Sufficient
3. Incurred by means of dolo or culpa Requires criminal intent that prohibited act was
intentionally done
Act – bodily movement tending to produce some effect in the
Generally punished by
external world Punished by RPC
special penal laws
Omission – failure to perform a duty one is bound to do
Inherently evil Made evil only by law
Actus reus – guily act
Called as felonies Called as offenses
Mens rea – guilty mind Consummated only – formal
Has 3 stages of execution
crimes
MEANS OF HOW A FELONY IS COMMITTED: Good faith and absence of
Good faith is a valid defense
criminal intent is not a valid
1. DOLO –Intentional felony; Intent to do injury to another; unless it is through culpa
defense.
malice MC & AC do not apply
Mitigating and aggravating
 Deceit in Art. 3, par. 2 is not the proper translation of unless provided by the law
circumstances apply
dolo. itself
 REQUISITES: FII Penalty for principal,
Offenders are penalized the
o Freedom – voluntariness accomplice, accessories
same.
o Intelligence – capacity to understand the considered
consequences of one’s acts; discernment
o Intent – a mental state; shown by overt acts “HONEST” MISTAKE OF FACT - Misapprehension of facts
2. CULPA – culpable felony; unintentional; incidental to an
act done without malice; no stages of crime REQUISITES:
 REQUISITES: FINI 1. act done would have been lawful had the facts been as
o Freedom the accused believed them to be
o Intelligence 2. intention of the accused is lawful in performing the act
o Negligence (lack of foresight) or imprudence (lack 3. done without fault or carelessness
of skill)
 Not applicable to crimes mala prohibita

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o Mistake of fact presupposes good faith as a valid  Transferred Intent Rule

defense, but crimes mala prohibita do not allow the 2. Aberratio ictus – mistake in the blow
defense of good faith.  Number of parties: 3 – offender, actual victim,
and intended victim
 Applicable only to dolo 3. Praeter intentionem – injury greater than that
o Culpa is through fault or negligence. Mistake of fact intended
is no longer a valid defense if there is fault or  Number of parties: 2 – offender and victim
carelessness on the accused.  El que es causa de la causa es causa del mal
causado
US vs. Ah Chong People vs. Oanis
No time or opportunity Had ample time and opportunity
ABERRATIO ICTUS ERROR IN PERSONAE
to make any further to ascertain the identity
The victim and actual victim Intended victim may or may
inquiry - Acted with fault or carelessness
are both at the scene of the not be at the scene of the
crime crime
ACTUS NON FACIT REUM, NISI MENS SIT REA
Delivers blow to someone Delivers blow not to the
An act is not necessarily guilty act unless there is a guilty mind. else intended victim
 The maxim does not apply to both dolo and culpa. Only
to dolo – where the absence of intent is not punishable PARAGRAPH 2: IMPOSSIBLE CRIMES
 Culpa is punishable even without intent
REQUISITES: PEIN (Key: masakit, siz?)
ACTUS ME INVITIO FACTUS NON EST MEUS ACTUS 1. Offense against persons or property
An act done by me against my will is not my act. 2. Done with evil intent
3. Inherently impossible accomplishment/inadequate or
ARTICLE 4 – HOW CRIMINAL LIABILITY IS INCURRED: ineffectual means
4. Not constitute a violation of another provision in RPC
PARAGRAPH 1: WRONGFUL ACT DIFFERENT FROM THAT
INTENDED CRIMES AGAINST CRIMES AGAINST
El que es causa de la cause es causa el mal causado PERSONS PROPERTY
Murder Brigandage
REQUISITES: Homicide Robbery
1. Intentional felony Parricide Usurpation
2. Wrong done to the aggrieved party be the direct, natural, Infanticide Culpable insolvency
and logical consequence of the felony committed by the Duel Theft
offender Rape Swindling and other deceits
 GR: LIABLE Abortion Chattel mortgage
o Proximate cause – that cause, which, in the natural Arson and other crimes
Physical injuries
and continuous sequence unbroken by any efficient involving destruction
intervening cause, produces the injury and without Malicious mischief
which the result would not have occurred. Note: Kidnapping is not a crime against persons.
 XPN: NOT LIABLE
o Efficient intervening cause – the cause that Q: An example of an impossible crime is when one tries to kill
someone using an adequate dosage of poison but nonetheless
interrupted the natural flow of events leading to
the person survived.
one’s death
A: FALSE - The employment of the impossible crime must be
o The resulting injury is due to the intentional act of
through inadequate means.
the victim.
o Due to the carelessness of the victim ARTICLE 6 – STAGES OF A FELONY
o Supervening cause is the same with “intervening  Overt Act
cause” o indication of intention to commit a particular crime
o directly related to the offense committed
CAUSES WHICH PRODUCE A DIFFERENT RESULT:  Formal Crimes - single act consummates the offense
o Physical injuries, acts of lasciviousness
1. Error in personae – mistake in identity  Material Crimes – involve three stages of execution
 Number of parties: 2 – offender and actual victim

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 Indeterminate offense – purpose of the offender in NO FRUSTRATED STAGE: PART B

performing an act is not certain
1. Physical injury
STAGES OF DEVELOPMENT OF A CRIME: 2. Adultery
1. Internal acts – mere thoughts; not punishable 3. Rape – full penetration is not essential.
2. External acts 4. Theft – mere taking is consummated
a. Preparatory acts – initial acts; not punishable 5. Bribery
i. XPN: possession of picklocks and similar
tools - punishable Note: There is a frustrated stage in arson and estafa.
b. Acts of execution
i. Attempted CONSUMMATED
ii. Frustrated When all the elements necessary for its execution and
iii. Consummated accomplishment are present.
PHASES OF FELONIES:
FACTORS IN DETERMINING STAGE OF EXECUTION: MEN
1. SUBJECTIVE PHASE – still has control over his acts
 Subjective – still has (Key: Parehas may “S”) 1. Manner of committing the felony
2. OBJECTIVE PHASE - no more control of the acts, all 2. Elements constituting the felony
acts have already been performed 3. Nature of the offense

Note: The provisions already contain the elements. Understand ARTICLE 8 – CONSPIRACY AND PROPOSAL TO COMMIT
and memorize! FELONY

ATTEMPTED GR: Mere conspiracy or proposal to commit felony is not

When the offender commences the commission of a felony punishable
directly by overt acts, and does not perform all the acts of XPN: punishable only when the law specifically provides a
execution which should produce the felony by reason of some penalty therefor
cause or accident other than his own spontaneous desistance
REQUISITES: TAE hehe
 If own desistance, not punishable
1. Two or more persons came to an agreement
Attempted rape vs. Acts of lasciviousness 2. Agreement concerned the commission of a felony
In People vs. Abanilla, “he could have inserted his penis if he a. Oral or written
wanted to, but he did not.” He only rubbed his penis against b. Express or implied
the victim. 3. Execution of felony decided upon

FRUSTRATED MODES OF CONSPIRACY:

When the offender performs all the acts of execution which
would produce the felony as a consequence, but which, 1. Crime itself as a felony - TRICS
nevertheless, do not produce it by reason of causes a. Treason
independent of the will of the perpetrator. b. Rebellion
c. Insurrection
 Nothing more is left to be done by the offender
d. Coup d’etat
FRUSTRATED ATTEMPTED e. Sedition
Performed all the acts of Does not perform all the
execution acts of execution 2. Means of incurring criminal liability
By cause or accident other  Conspiracy is not punishable as a separate offense.
Cause independent of the
than his own spontaneous GR: The act of one is the act of all – regardless of extent
will of the perpetrator
desistance or character of participation
No intervention of foreign XPN: Conspirator committed a crime not agreed upon
With intervention
cause (ex. Robbery – agreement, X raped the victim Group
Mortal wound No mortal wound liability – robbery, X – robbery with rape)
Objective phase Subjective phase XPN TO THE XPN:

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o Committed in their presence and they did not 3. Accessories

prevent its commission indicating their
approval ARTICLE 17 – PRINCIPALS
o the other crime is the natural consequence of
the crime planned PARAGRAPH 1: PRINCIPAL BY DIRECT PARTICIPATION
o act constitutes single indivisible offense
REQUISITES: PCP
IMPLIED CONSPIRACY 1. Participated in criminal resolution
2. Carried out their plan and personally took part in its
 It is essential for criminal liability that the conspirator execution by acts which directly tended to the same
participated in the commission of the crime. end
 Aimed their acts towards accomplishment of same Note: It is necessary for the principal by direct participation to
unlawful object be at the scene of the crime.
 Acted in concert to fulfill common design
 Mere knowledge, acquiescence to, or agreement to
cooperate, is not enough to constitute conspiracy. PARAGRAPH 2: PRINCIPAL BY INDUCEMENT
 Direct proof of a previous agreement to commit a
crime is not necessary. REQUISITES: IDC
 Mere passive presence of a person at the scene of the 1. Made directly with the intention of procuring the
crime does not make him a conspirator for conspiracy commission of the crime
transcends companionship. 2. Inducement is the determining cause of commission
 Degree of cooperation is immaterial, if he agreed to by the material executor
conspire.
TWO MEANS OF INDUCEMENT:
Determination of implied conspiracy based on: 1. Directly forcing
 Overt acts before, during, after the crime  Through irresistible force or uncontrollable fear
 Words, remarks, or language used before, during,  Only the principal by inducement is liable. The
after the crime material executor is exempt.
2. Directly inducing – conspiracy is present
PROPOSAL TO COMMIT A FELONY a. By giving price, offering, reward or promise
b. By words of command – PANDI (Key: …Manila?)
REQUISITES: Proposal - DP i. Uttered prior the commission of crime
1. A person has decided to commit a felony ii. Ascendancy or influence over person acted
2. He proposes its execution to some other person/s o Not necessary if conspiracy exists
iii. No personal reason by the material
PROPOSALS PUNISHED UNDER THE RPC: TRIC executor to commit the crime
iv. Words must be so direct, efficacious,
1. Treason powerful – through physical or moral
2. Rebellion coercion
3. Insurrection v. Intent to procure the commission of crime
4. Coup d’etat Note: Not liable if the order given was not followed
Note: There is no crime of proposal to commit sedition.
PARAGRAPH 3: PRINCIPAL BY INDISPENSABLE
NO CRIMINAL PROPOSAL: COOPERATION (PIC)
1. Not determined to commit felony
2. No decided, concrete, formal proposal but mere REQUISITES: PICA (Key: Pika-pika)
suggestion 1. Participation in criminal resolution
3. Not the execution of felony is proposed 2. Indispensable cooperation
3. Conspiracy
ARTICLE 16 – PERSONS CRIMINALLY LIABLE 4. By performing another act without which the crime
would not be accomplished
1. Principals  Acts must be different from the acts of the
2. Accomplices principal by direct participation

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b.Concealing/destroying the body, effects, or

Note: It is not necessary for the principal by indispensable instruments of the crime to prevent its discovery
cooperation to participate in the planning stage. What matters c. Concealing/harboring/assisting in the escape of
is that he acted in cooperation in the commission of the crime. the principal by:
i. Public officers
Q: Cain wanted to kill Abel who resides in an island. The only  With abuse of public functions
means to reach the island is to ride on a boat. Noah owned a  Principal commits any crime
motor boat. Cain told Noah to bring him to the island in his ii. Private persons
(Noah’s) motor boat because he is going to kill Abel. Noah  Crime committed by principal is either:
brought Cain to the island where Cain killed Abel. Noah is a THAMP (Key: Stamp pero bulol hehe)
principal by indispensable cooperation. o Treason
A: TRUE. o Principal is habitually guilty of some
other crime
COLLECTIVE CRIMINAL RESPONSIBILITY o Attempt against the life of the
 Offenders are criminally liable in the same manner President
and to the same extent o Murder
 Penalty must be the same for all. o Parricide
ANTI-FENCING LAW – P.D. 1612
INDIVIDIUAL CRIMINAL RESPONSIBILITY
 Fencing – act of any person with intent to gain, of
 Absence of conspiracy
buying, selling, receiving, possessing, keeping , or in any
 Each is liable only for the act committed by him.
other manner in dealing of value which he knows or
should be known to him, to have been derived from the
Q: In conspiracy, the act of one is the act of all. Thus, acquittal
proceeds of the crime of robbery or theft
of an alleged co-conspirator will likewise acquit others.
 Fence – person who commits fencing is liable as a
A: FALSE – It depends when one of the co-conspirators did not
principal not as an accessory
act within the criminal resolution agreed upon.

OBSTRUCTION OF JUSTICE – P.D. 1829

Q: In implied conspiracy, it is essential for criminal liability that
the conspirator participated in the commission of the crime
A: TRUE
ARTICLE 18 – ACCOMPLICES
Those persons who not being included in Art. 17, cooperate in
the execution of the offense by previous or simultaneous acts.
 aka “accessory before the fact”
REQUISITES: KC, SPAR (Key: Malayo kasi, KC. It-spar :<)
1. Community of design - knows and concurs with the
principal’s criminal design
2. Cooperates by previous or simultaneous acts
3. There is a relation between the acts of the principal
and of the accomplice.
ARTICLE 19 – ACCESSORIES
REQUISITES:
1. Has knowledge of the crime committed
2. Without participation in the crime as P/A
3. Takes part subsequent to the commission by:
PCE or PA-CD, CHA (Key: Di na uso ang CD, Cha)
a. Profiting/assisting to profit by the effects of the
crime
 Act of harboring, concealing or facilitating the escape of
any person he knows or has reasonable ground to believe
or suspect, has committed any offense under existing
penal laws to prevent his arrest, prosecution and
conviction
 Punished as a principal in the crime of obstruction of
justice
ARTICLE 20 – ACCESSORIES WHO ARE EXEMPT FROM
CRIMINAL LIABILITY – inapplicable to P.D. 1829
1. Committed acts under par. 2 and 3, Article 19
2. When the principal is the accessory’s : SAD-nalaBSA
a. Spouse
b. Ascendants
c. Descendants
d. Natural, legitimate, adopted brother or sister
e. Relatives by affinity within the same degree
Note: NOT EXEMPT even if the principal related to him, if such
accessory profited or assisted to profit by the effects of the
crime.
CIRCUMSTANCES AFFECTING CRIMINAL LIABILITY: JEMAA
1. Art. 11 Justifying – (6)
2. Art. 12 Exempting – (7)

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3. Art. 13 Mitigating - (10) SUBJECTS OF SELF-DEFENSE:

4. Art. 14 Aggravating - (21) 1. Defense of Honor/Chastity
5. Art. 15 Alternative - (3) 2. Defense of Property – Doctrine of Self-Help (Art. 429,
Civil Code)
Other circumstances:
 Absolutory causes – absolves from criminal liability In People vs. Jaurigue, there was no reasonable necessity of the
(ex. Instigation) means used. It was disproportionate. “How can her honor be
 Extenuating circumstances – mitigates criminal liability violated? Nandoon pa nga iyong tatay niya!”

ARTICLE 11 - JUSTIFYING CIRCUMSTANCES: B-SRS ADORO RETALIATION SELF-DEFENSE

(Key: Boss, Sirs, adobo?) Unlawful aggression had Unlawful aggression was
 Battered Woman Syndrome – R.A. 9262 already ceased when the still existing when the
1. Self-defense accused attacked the aggressor was injured by the
2. Defense of relatives aggressor accused.
3. Defense of strangers There must be no
4. State of necessity or Avoidance of greater evil or injury appreciable time interval
There is a time interval.
between the unlawful
5. Fulfillment of duty or lawful exercise of office or right
aggression and the killing
6. Obedience to an order issued for some lawful purpose

 The act of a person is said to be in accordance with

In People vs. Alconga, there are two stages of the crime.
the law.
1. Victim attacked the accused. Accused was able to defend
himself. – May be considered in self-defense
GR: Free from both criminal liability and civil liability
2. Then accused pursued and attacked the victim – No more
XPN: State of necessity – there is civil liability
unlawful aggression from victim, liable na.

BATTERED WOMAN SYNDROME – R.A. No. 9262/People vs. PARAGRAPH 2: DEFENSE OF RELATIVES
Genosa
ELEMENTS: RUN (Key: Kapag may kamag-anak kang may
CYCLE OF VIOLENCE: TAT utang sayo, run run na lang ano?)
1. Tension-building phase 1. Unlawful aggression
2. Acute battering incident 2. Reasonable necessity of the means employed to
3. Tranquil, loving (or at least non-violent) phase prevent or repel it
3. In case the provocation was given by the person
Note: The couple must go through the cycle at least twice to
attacked, the one making the defense had no part
be considered a battered woman under the battered woman
therein.
syndrome.

RELATIVES THAT CAN BE DEFENDED: SAD-BACS

PARAGRAPH 1: SELF-DEFENSE
1. Spouses
 The burden of proof is in the defense.
2. Ascendants
3. Descendants
ELEMENTS: URL
4. Legitimate, natural, or adopted brothers and sisters
1. Unlawful aggression – indispensable requisite
5. Relatives by affinity in the same degrees
a. Actual
6. Relatives by consanguinity within the 4th civil degree
b. Imminent or immediate
2. Reasonable necessity of the means employed to
Note: “Kahit hindi mo alam sino nag-umpisa ng gulo, pwede
prevent or repel it
mo i-defend.”
3. Lack of sufficient provocation

PARAGRAPH 3: DEFENSE OF STRANGERS

In U.S. vs. Laurel, provocation happened days before the
aggression – UA ceased already.
ELEMENTS: RU-RER (Key: ruler)
Laurel fell after he got attacked with a cane. He responded with
1. Unlawful aggression
a knife stab. – Reasonable.

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2. Reasonable necessity of the means employed to 2. 15 years old and below - Minority
prevent or repel it 3. 15 y/o – 18 y/o without discernment - Minority
3. The person defending was not induced by revenge, 4. Accident
resentment or other evil motive 5. Compulsion of irresistible force
6. Impulse of uncontrollable fear
Q: Who are strangers? 7. Insuperable or lawful cause
A: Any person not included in the relatives in Art. 11, par. 2
GR: Free the offender from criminal liability only but not from
PARAGRAPH 4: STATE OF NECESSITY or AVOIDANCE OF civil liability
GREATER EVIL OR INJURY XPN: Accident; lawful or insuperable cause – free from both
criminal and civil liability
ELEMENTS: GEM BASIS: Complete absence of freewill or voluntariness
1. Evil sought to be avoided actually exists
 Not merely expected or anticipated JUSTIFYING EXEMPTING
2. Injury feared be greater than that done to avoid it No crime There is a crime
3. There be no other practical or less harmful means of No criminal No criminal
preventing it No criminal liability No criminal liability
There is civil liability
No civil liability
Note: There is civil liability in this circumstance. XPN: Accident and lawful or
XPN: State of necessity
insuperable cause

PARAGRAPH 5: FULFILLMENT OF DUTY OR LAWFUL

EXERCISE OF RIGHT OR OFFICE
ELEMENTS:
1. Acted in the performance of a duty or in the lawful
exercise of a right or office
2. Injury caused or the offense committed be the
necessary consequence of duty or, right or office
Note: Performed illegally? No justifying circumstance!
PEOPLE VS. OANIS
Circumstance was not appreciated in the case. They exceeded
in the fulfillment of their duty when they killed a sleeping
person whom they believed to be the wanted criminal without
making any previous inquiry as to his identity.
PARAGRAPH 1: IMBECILITY OR INSANITY
Basis: Complete absence of intelligence
IMBECILITY INSANITY
Not exempt in all cases
Exempt in all cases
XPN: Acted during lucid interval
 Imbecile – has a mental development of a child between 2
and 7 years old
 Insane – completely deprived of intelligence or free will
 Feeble-minded – aka “tanga” but not considered as
imbecile; slow learner; may edad na pero mentally mahina

PARAGRAPH 6: OBEDIENCE TO AN ORDER ISSUED FOR EFFECT OF INSANITY OF THE ACCUSED

SOME LAWFUL PURPOSE At the time crime was
Exempted
committed
During trial Suspension of proceedings
ELEMENTS: S-OPM (Key: Support OPM :>)
1. Superior issued order
 Burden of proof in showing sanity – Defense
2. For lawful purpose
 Presumption in favor of sanity
3. Lawful means used by subordinate to carry out order
 Evidence required to overthrow presumption of sanity:

Note: The subordinate may raise defense of good faith if he is o Total lack of motive
not aware of the illegality of the order and that he exercised o Direct testimony is not required, nor specific acts of
due diligence in the performance of his duties. derangement.
o Circumstantial evidence will suffice if clear and
ARTICLE 12 – EXEMPTING CIRCUMSTANCES: IMA IUI convincing.

1. Imbecility or insanity TESTS OF INSANITY

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TEST OF COGNITION TEST OF VOLITION 3. Status offenses - offenses which discriminate only against
Whether the accused acted Whether the accused acted a child – an adult does not suffer penalty for the same
with complete deprivation of in total deprivation of 4. Victimless crimes – no private offended party
intelligence in committing freedom of will 5. Restorative justice – process of resolving conflicts ;
the crime reparation, reconciliation, and later, reintegration to the
society
INSTANCES INSANITY WAS APPRECIATED: SES
DETERMINATION OF AGE OF A CHILD:
1. Schizophrenia or dementia praecox 1. Birth certificate
2. Epilepsy 2. Similar authentic documents
3. Somnambulism or sleepwalking a. Baptismal certificate
b. School records
c. Any pertinent documents
PROCEDURE WHEN IMBECILE OR INSANE COMMITTED 3. Testimonies
FELONY: 4. Physical appearance
5. Other relevant evidence
1. Court orders his confinement in asylum. PARAGRAPH 4: ACCIDENT WITHOUT FAULT OR
2. May only leave with the recommendation of Director INTENTION OF CAUSING IT (DAMNUM ABSQUE INJURIA)
of Health to the court for his leave (Chin Ah Foo vs. Basis: Lack of negligence and intent
Concepcion)
3. Permission of the court ELEMENTS: LADAFI
1. Lawful act
2. With due care
3. Injury by accident
PARAGRAPH 2 AND 3: MINORITY 4. Without fault or intention causing it
ACCIDENT NEGLIGENCE
Basis: Complete absence or lack of intelligence Not liable Liable for culpa
Beyond foreseeable Failure to observe degree of
15 and below Exempt consequences precaution, vigilance, caution
15-18
Exempt
No discernment In self-defense, the act of striking a gun, even if it fired and
15-18 seriously injured the assailant, is considered as a lawful act.
Liable but mitigated
With discernment
18-70 Liable PARAGRAPH 5: COMPULSION OF IRRESISTIBLE FORCE
Over 70 Liable but mitigated Basis: Complete absence of freedom
 Presumption in favor of minority ELEMENTS: PIT
1. By physical force
Discernment – capacity of the child at the time of the 2. Irresistible
commission of the offense to understand the consequences of 3. Come from a third person
his wrongful act and the difference between right and wrong
 Passion and obfuscation cannot amount to irresistible
Note: At the time of the commission of the offense and NOT force.
on the finality of judgment
PARAGRAPH 6: IMPULSE OF AN UNCONTROLLABLE FEAR
 Determined by: Basis: Actus me invite non est meus actus
1. manner the crime was committed
2. conduct of the offender after its commission ELEMENTS: EGG (Key: Baka mangitlog ka sa takot, bes)
1. Evil be greater than or equal to that which he is required
R.A. No. 9344 – JUVENILE JUSTICE AND WELFARE ACT to commit
1. Child at risk – at risk of committing offenses because of 2. Evil of gravity and imminence
personal, family, or social circumstances
2. Child in conflict with the law (CICL) – Child accused of IRRESISTIBLE FORCE UNCONTROLLABLE FEAR
committing an offense under Philippine laws Through physical violence Through intimidation/threat

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Reasonable means +
PARAGRAPH 7: LAWFUL OR INSUPERABLE CAUSE Lack of sufficient NO MC
provocation
 Felonies by omission Note: Unlawful aggression is indispensable. Mawala na ang
 Insuperable cause – some motive which has lawfully, lahat, huwag lang ito, okay?
morally, or physically prevented a person to do what the
law commands 1. State of Necessity – Evil must always exist.
 Formula: EXISTING EVIL + Greater injury OR No
ELEMENTS: FAIL other practical or less harmful means
1. Fails to perform such act 2. Performance of Duty – kahit isa lang sa dalawang ‘to
2. Act IS required by law to be done pwede na
3. Failure due to some lawful or insuperable cause  Acted in the performance of a duty or in the lawful
exercise of a right or office
 Injury caused or the offense committed be the
ENTRAPMENT INSTIGATION necessary consequence of duty or, right or office
Means to apprehend a 3. Obedience to an order – order must always come from a
Peace officer induces an
person who committed a superior
innocent to commit a crime
crime (ex. buy-bust) 4. Above 15 but below 18 with discernment
Not a bar to prosecution 5. Accident
Accused will be acquitted.
and conviction of lawbreaker  Culpable felony - if due care and acting without fault
Legal Illegal or intention are absent = MC
 Intentional felony – if lawful act and acting without
Note: If a private person induces, he will be liable. fault or intention are absent
6. Uncontrollable fear – isa lang dito ang present, pwede na
 Evil be greater than or equal to that which he is
required to commit
ARTICLE 13 – MITIGATING CIRCUMSTANCES (MC):  Evil of gravity and imminence
In 1870, No PVPV, PIA
PARAGRAPH 2: OVER 15-UNDER 18 or OVER 70
1. Incomplete Justifying and Exempting Circumstances
2. Under 18 or Over 70 15 and below Exempt
3. No intention to commit so grave a wrong 15-18
Exempt
4. Sufficient provocation or threat No discernment
15-18
5. Immediate vindication of a grave offense Liable but mitigated
With discernment
6. Passion or obfuscation
18-70 Liable
7. Voluntary surrender and voluntary plea of guilt
Over 70 Liable but mitigated
8. Physical defect
9. Illness
PARAGRAPH 3: NO INTENTION TO COMMIT SO GRAVE A
10. Analogous circumstances
WRONG (PRAETER INTENTIONEM)

ORDINARY MC
Can be offset by an
aggravating circumstance
PARAGRAPH 1: INCOMPLETE JUSTIFYING AND
EXEMPTING CIRCUMSTANCES
PRIVILEGED MC
 When there is evident disproportion between the
Cannot be offset by
means employed to execute the criminal act and its
aggravating circumstance
consequences
 Intent is an internal state that can be judged by
external acts.

HOW INTENT IS ASCERTAINED: WIMP

SELF-DEFENSE, DEFENSE OF RELATIVES, STRANGERS
1. Weapon used
UA MC
2. Injury inflicted
UA + Reasonable means MC
3. Manner it is inflicted
UA + Lack of sufficient
MC 4. Part of the body injured
provocation

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Note: Not applicable to culpable felonies, crimes mala
prohibita where intent is immaterial. Not also applicable when
the offender employed brute force. (People vs. Amit)
PARAGRAPH 4: SUFFICIENT PROVOCATION OR THREAT
“What is the act of the offender? What compelled him to do
the act?”
REQUISITES: SIF
1. Provocation must be sufficient
2. Immediate to act – no interval of time elapsed between
3. From the offended party
Note: In People vs. Diokno, 3 days after the elopement was
considered immediate. The provocation did not cease as the
whereabouts of the daughter remained unknown.
PARAGRAPH 5: IMMEDIATE VINDICATION OF A GRAVE
OFFENSE
 Ito iyong tinatawag nilang “nagdilim yung paningin”
REQUISITES:
1. Act is unlawful and sufficient to produce P/O
2. Acted upon an impulse
3. Arising from lawful sentiments
 In People vs. Lab-eo, he was only told to leave by his aunt
which was not unlawful. No P/O present.
 In People vs. Germina, his mentally retarded brother was
maltreated. The MC of P/O was present because it arose
from lawful sentiments or legitimate feelings.
 As compared with U.S. vs. Hicks, kabit kabit lang sila ni ate
girl pero feeling asawa/jealous si Hicks noong iniwan na
siya for another guy. Court said that it did not arise from
legitimate feelings but from immoral passions. The MC of
P/O cannot be appreciated.
When the relationship is illegitimate, it is not mitigating.

REQUISITES: WHEN MC IS NOT APPRECIATED:

1. Grave offense 1. Act committed in spirit of lawlessness
2. Done to O SAD-nalaBSA 2. In spirit of revenge
 Offender – yung accused Note: Remember this. Very importanteng mahalaga!
 Spouse
 Ascendants Q: May passion or obfuscation lawfully arise from causes
 Descendants existing only in the honest belief of the offender?
 Natural, legitimate, adopted brother or sister A: Yes.
 Relatives by affinity within the same degree

PROVOCATION VINDICATION PARAGRAPH 7: VOLUNTARY SURRENDER, VOLUNTARY

Committed only to May be committed against PLEA OF GUILT
accused relatives
REQUISITES OF VOLUNTARY SURRENDER:
Need not be grave offense must be a grave offense
1. Not been actually arrested
NO interval of time ADMITS interval of time
 warrant of arrest not yet served
Sufficiency based on:
a. Act constituting the 2. Surrendered himself to a person in authority
Gravity based on:  not weapon but his person
provocation
a. Social standing 3. Voluntary, spontaneous, unconditional
b. Social standing of
b. Place
accused  Intent – acknowledges guilt, wishes to save trouble
c. Time
c. Place and expense in search of accused
d. Time
SP cannot be considered separate from IV if the acts arose REQUISITES OF VOLUNTARY PLEA OF GUILTY:
from the same incident – Isang MC lang silang dalawa, if 1. Spontaneously confessed his guilt
present. (People vs. Torpio) 2. Made in open and competent court
Note: Vindication of a grave offense is incompatible with 3. Made prior to the presentation of evidence for the
passion or obfuscation. prosecution

PARAGRAPH 6: PASSION OR OBFUSCATION (P/O)  On appeal? No MC.

“Nawala sa sarili. What caused it?”
 Uncontrollable burst of passion provoked by prior
unjust or improper acts due to a legitimate stimulus
so powerful as to overcome
 Extrajudicial confession? No MC. Must be made in open
court.
 Plea of guilty to a lesser offense than that charged? No
MC.

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Note: Plea of guilty not applicable in culpable felonies and a. Inundation, fire, poison, explosion, stranding
crimes punished by special penal laws of a vessel or intentional damage
b. Derailment of locomotive
PARAGRAPH 8: PHYSICAL DEFECT
c. Use of any other artifice involving great waste
1. Deaf and dumb (mute)
and ruin
2. Blind 13. Evident premeditation
3. Physical defect restricting his means of action, defense, or 14. Craft, Fraud, Disguise
communication with his fellow beings 15. Advantage of superior strength or means employed
a. Armless to weaken the defense
b. Cripple 16. Treachery (Alevosia)
c. Stutterer 17. Ignominy
Note: The physical defect must relate to the offense 18. Unlawful entry
committed. 19. Broken wall, roof, floor, door, or window
PARAGRAPH 9: ILLNESS 20. With aid of minors (15 y/o under) or by means of
Diminishes the exercise of will-power but not deprives his motor vehicle, airships, or other similar means
consciousness (Ex. feeblemindedness) 21. Cruelty

PARAGRAPH 10: ANALOGOUS CIRCUMSTANCES KINDS: GSIS-Q

1. Over 60 with failing sight – similar to over 70 y/o
2. Impulse of jealousy 1. Generic – generally applies to all crimes, does not
3. Outraged feeling of creditor change the nature of the crime, can be offset MC
4. Esprit de corps Took advantage of public
Recidivist
5. Testifying for prosecution position
6. Voluntary return of funds malversed (Cimafranca vs. In contempt or with insult to
Reiteracion
People) the public authorities
CIRCUMSTANCES NEITHER MITIGATING OR EXEMPTING: Craft, Fraud, Disguise
Dwelling
1. Aberratio ictus
2. Error in personae With abuse of confidence or
Unlawful entry
3. Over 18 y/o obvious ungratefulness
4. Performance of righteous action Committed in the palace, in
the presence of the Chief
Executive or where public
Broken wall, roof, floor,
authorities are engaged in the
ARTICLE 14 – AGGRAVATING CIRCUMSTANCES (21) door, or window
discharge of their duties or
 Changes the penalty imposed or the nature of the crime place dedicated to religious
 Must be alleged and proved in the Information worship
 Not presumed Nighttime, Uninhabited place, With Aid of minors (15
By a band y/o under)
1. Took advantage of public position
2. In contempt or with insult to the public authorities 2. Specific – only to specific crimes
3. Disregard of rank, age, sex or Dwelling Crimes against persons
Disregard of rank, age, sex
4. With abuse of confidence or obvious ungratefulness and honor
5. Committed in the palace, in the presence of the Chief Abuse of superior strength or
Executive or where public authorities are engaged in means be employed to Crimes against persons
the discharge of their duties or place dedicated to weaken the defense
religious worship Treachery Crimes against persons
6. Nighttime, uninhabited place, by a band Ignominy Crimes against chastity
7. Occasion of a calamity or misfortune Cruelty Crimes against persons
8. With aid of armed men or persons who insure or
afford impunity 3. Inherent – necessarily accompanies the commission
9. Recidivist of the crime, not taken as an AC, no increase in
10. Reiteracion penalty
11. In consideration of price, reward, or promise
12. By means of:

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Joyelle Kristen C. Tamayo

Concubinage, Robbery,  People vs. Ural – Jail guard on duty who maltreated a
Evident premeditation Adultery, Theft, Estafa prisoner
(CRATE)
Abuse of public office Bribery, Malversation PAR. 2: IN CONTEMPT OR WITH INSULT TO THE PUBLIC
Breaking of wall or Robbery with the use of AUTHORITIES
unlawful entry force upon things
Fraud Estafa REQUISITES:
Deceit Simple seduction 1. Public authority is engaged in his functions (mayor,
Ignominy Rape barangay captain, barangay tanod)
By means of fire, explosion Arson 2. Crime is not committed against him
3. Offender knows him to be a public officer
4. Special – arise under special conditions to increase 4. His presence did not prevent the offender from
the penalty, cannot be offset by MC committing the crime
a. Complex crimes (Art. 48)
b. Use of unlicensed firearm in homicide or murder PAR. 3: DISREGARD OF RANK, AGE, SEX
c. Taking advantage of public position and
 May be considered separately or altogether but have
membership in an organized/syndicate crime
the weight of only one AC
group
d. Error in personae
Rank – high social standing
e. Quasi-recidivism
Age – old age or tender age
Sex – female sex
5. Qualifying – changes the nature, designation of
offense, increase penalty to a higher degree, cannot
When not applicable:
be offset by any MC
1. With passion and obfuscation
Treachery
2. There is an existing relationship between the
Evident premeditation
offended and offender.
Taking advantage of superior
3. Condition of being a woman is indispensable
strength
(abduction, seduction, rape)
Aid of armed men
4. No evidence that the accused deliberately intended
Means to weaken the defense Homicide to Murder
to offend or insult the victim
Price, reward or promise
By means of inundation, fire, poison,
DWELLING:
explosion…
In the occasion of calamities  Exclusive place for rest, comfort and privacy
Cruelty (Art. 248)  NO PROVOCATION FROM THE VICTIM.

Castle Doctrine (tinanong daw to sa exam kay Judge Echiverri)

By domestic servant or grave abuse “A man’s house is his castle.” - The law accords sanctity of
of confidence privacy to human abode.
In the occasion of calamities Theft to Qualified
(ex. Fire, earthquake, etc.) Theft What constitutes Dwelling:
Property taken is motor vehicle, 1. Actually lives or dwells therein even for a temporary
coconuts, cattles, etc. (Art. 310) duration – boarding house (People vs. Daniel)
2. Need not be the owner or occupant of the dwelling
ROBBERY THEFT 3. Includes the dependences, foot of the staircase and
with intent to gain by with intent to gain but enclosure under the house
means of violence against without violence against or 4. Aggravating in abduction or illegal detention
or intimidation of any intimidation of persons nor 5. Committed the crime wholly or partly or in any
person, or using force upon force upon things integral part of the dwelling
anything 6. Crime began inside the dwelling and ended outside
Hold up Snatcher the dwelling
7. Shot from outside the house
PAR. 1: TOOK ADVANTAGE OF PUBLIC POSITION 8. Sleeping as guests
 Through his influence, prestige or ascendancy 9. Adultery in the conjugal dwelling

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BY A BAND
Not Aggravating:  More than 3 armed malefactors (4)
1. People vs. Tano – 2 story structure; 1st flr - video  Conspiracy is presumed
rental shop, 2nd flr - residence  Not considered in crimes against chastity
2. Occupants of the same house
3. Inherent in trespass to dwelling Absorbs: Abuse of superior strength, Use of firearms
Inherent: Brigandage
PAR. 4: WITH ABUSE OF CONFIDENCE Qualifies: Robbery with unnecessary violence or physical
 Trust and confidence injuries
 Immediate and personal relationship
PAR. 7: OCCASION OF A CALAMITY OR MISFORTUNE
Inherent in:
1. Qualified seduction PAR. 8: WITH AID OF ARMED MEN OR PERSONS WHO
2. Qualified theft INSURE OR AFFORD IMPUNITY
3. Estafa by conversion or misappropriation
4. Malversation REQUISITES:
1. They took part in the crime, directly or indirectly
OBVIOUS UNGRATEFULNESS 2. Accused availed himself of their aid
 Killed father-in-law in whose house he lived and who
partially supported him By Band With aid of armed men
 Worked as overseer of the accused who was very kind 4 or more armed men At least 2
to him, allowed him to live in his house Acted together Actual aid is not necessary
Armed men are
All are principals
accomplices
PAR. 5: COMMITTED IN THE PALACE, IN THE PRESENCE OF Absorbed in band if there
THE CHIEF EXECUTIVE OR WHERE PUBLIC AUTHORITIES are 4 or more
ARE ENGAGED IN THE DISCHARGE OF THEIR DUTIES OR
PLACE DEDICATED TO RELIGIOUS WORSHIP PAR. 9: RECIDIVIST/RECIDIVISM
 Place of commission of the crime which must be  At the time of his trial for an offense
respected  Accused shall have been convicted by final judgment
of a crime embraced in the same title of the RPC
PAR. 6: NIGHTTIME (obscuridad), UNINHABITED PLACE  Imprescriptible
(despoblado), BY A BAND (en cuadrilla)
 Facilitated the commission of the crime QUASI-RECIDIVISM
 Especially sought for by the offender to insure the  When a person before serving sentence or while
commission of the crime or for impunity serving sentence, shall commit another felony
 Took advantage for impunity  Cannot be offset by MC

NIGHTTIME - period of darkness beginning at the end of dusk HABITUAL DELINQUENCY/MULTI-RESCIVIDIST

and ending at dawn; sunset to sunrise  Within a period of 10 years from conviction or release
for: FLERTS – he is found guilty for the 3rd time or
Two Tests of Nocturnity: (People vs. Ventura) oftener
1. Objective test – facilitates the commission 1. Falsification
2. Subjective test – purposely sought by the offender 2. Less serious physical injuries
3. Estafa
When not appreciated: 4. Robbery
1. Generally, if Illuminated by light 5. Theft
2. Began at daytime 6. Serious physical injuries

UNINHABITED PLACE – whether or not in the place of the PAR. 10: REITERACION/HABITUALITY
commission of the offense there was a reasonable possibility 1. At the time of his trial for an offense, he had
of the victim receiving some help previously served a sentence for an offense to which
the law attaches

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Two Kinds: Inherent: Robbery

1. Equal or greater penalty than that attached by law to Absorbed by: Reward or promise
the 2nd offense or
2. For 2 or more offenses in which the law attaches a When No Evident Premeditation is present:
lighter penalty  Mere existence of ill-feeling or grudge alone
 Victim is different from that intended
Example:
1. Served penalty for homicide in 1985 When not applicable: In error in personae and aberratio ictus
Charged for homicide in 2007 except if the general plan is to kill everyone
Habituality is present - equal penalty
2. Served penalty for Rape in 1980 PAR. 14:
Charged for acts of lasciviousness in 2007 CRAFT (astucia) – intellectual trickery and cunning resorted to
Habituality is present – greater penalty by the accused not to arouse the suspicion of the victim

Habitual FRAUD (fraude) – deceit by insidious words and machinations

Rescidivism Q-Rescid. Reiteracion
Delinquent
Before or Previously 3 or more DISGUISE (disfraz) – resorted to conceal identity
Previous
during served times
conviction
sentence sentence convicted
PAR. 15: ADVANTAGE OF SUPERIOR STRENGTH
Same title Need not Need not
FLERTS  Depends upon the age, size and strength of the
of RPC same title same title
Not always parties
Always AC  There is a notorious inequality of forces between the
AC
Applies victim and the aggressor
Within 10  To purposely use excessive force out of proportion to
even after
years the means of the defense available to the person
10 years
Extraordinary attacked
Generic AC Special AC Generic AC
AC  Not only when there is numerical superiority (must
have took advantage of the superiority) but also
when the offender uses a powerful weapon which is
PAR. 11: IN CONSIDERATION OF PRICE, REWARD, OR out of proportion to the defense
PROMISE FOR THE COMMISSION OF THE CRIME
Not applicable:
PAR. 12: BY MEANS OF INUNDATION, FIRE, POISON,  Offender is under passion or obfuscation – does not
EXPLOSION, STRANDING OF A VESSEL OR INTENTIONAL take advantage of strength
DAMAGE, DERAILMENT OF LOCOMOTIVE OR USE OF ANY  Quarrel arose unexpectedly and the fatal blow was
OTHER ARTIFICE INVOLVING GREAT WASTE AND RUIN struck at a time when the aggressor and the victim
were engaged against each other as man to man
PAR. 13: EVIDENT PREMEDITATION  Victim was alternately attacked (People vs Datun)
 pre-conceived plan or devise employed by the
accused Inherent: Parricide – husband kills the wife
 deliberate planning of the act before executing it Absorbs: Band en cuadrilla
 criminal act must be preceded by cool thought and Absorbed by: Treachery
reflection upon the resolution to carry out the crime
during the sufficient time interval at a calm judgment MEANS EMPLOYED TO WEAKEN THE DEFENSE
 Suddenly throws cloak over the head of opponent
REQUISITES:  Casts sand or dirt upon the victim’s eyes
1. Time when the accused determined to commit the  Made the victim intoxicated that resistance became
crime impossible for him
2. An act manifestly indicating that the accused clung to
his determination Absorbed by: Treachery
3. A sufficient lapse of time between the determination
to commit the crime and the execution to allow him PAR. 16: TREACHERY (ALEVOSIA)
to reflect upon the consequences of his act

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When the offender commits any of the crimes against the
person, employing means, methods or forms in the execution
thereof which tend directly and specially to insure its
execution, without risk to himself arising from the defense
which the offended party might make.
 The attack comes without a warning and in a swift,
deliberate and unexpected manner, affording the
victim no chance to resist, retaliate or escape.
 Even a frontal attack can be treacherous when
unexpected by the victim who is in no position to
repel the attack.
 Means, methods or forms (MMF) need not insure the
accomplishment of the crime. Execution only, not
consummation.
 Immaterial if the victim was different from that
intended to be killed – There may be treachery.
REQUISITES:
1. At the time of the attack, the victim was not in a
position to defend himself
2. The offender consciously adopted the particular
means, method or form of attack employed by him.
When applicable:
1. Victim asleep
2. Victim half-awake or just awakened
3. Victim grappling or being held
4. Victims were having lunch
5. Attacked from behind – with weapons
When not applicable:
1. The attack was preceded by an altercation and on the
spur of the moment.
2. Offenders gave warning of their presence – element
of surprise is absent.
3. Mere suddenness of the attack is not enough.
4. Killing a child
5. Offender is under passion or obfuscation
When present:
1. When the aggression is continuous, treachery must
be present at the beginning of the assault
2. When the assault was interrupted, it is sufficient that
treachery was present at the moment the fatal blow
was given.
TREACHERY ABSORBS: CAMBAN
1. Craft
2. Abuse of superior strength
3. Means employed to weaken the defense
4. Band
5. Aid of armed men
TAMAYO NOTES ON CRIMINAL LAW 1
Joyelle Kristen C. Tamayo
6. Nighttime
PAR. 17: IGNOMINY
 Crime committed in a manner that tends to make its
effects more humiliating, thus adding to the victim’s
moral suffering
 Adds disgrace and obloquy to the material injury
caused by the crime
People vs. Torrefiel
Accused raped a woman after winding cogon grass around his
penis. Ignominy was present in this case.
People vs. Cachola
Victim was shot to death and later, his penis was excised by
the accused. There is no ignominy where the victim is already
dead when his body or a part thereof was dismembered.
PAR. 18: UNLAWFUL ENTRY
 When an entrance is effected by a way not intended
for the purpose
 Entrance, not for escape
 Not appreciated in trespass to dwelling
PAR. 19: BROKEN WALL, ROOF, FLOOR, DOOR, OR
WINDOW
 “Aggravating circumstance of forcible entry”
 For entrance only
 Lawful breaking – officer in order to make an arrest
PAR. 20: WITH AID OF MINORS (15 Y/O UNDER)
 Took advantage of their irresponsibility
BY MEANS OF MOTOR VEHICLE, AIRSHIPS, OR OTHER
SIMILAR MEANS
 Purposely sought to facilitate the commission of the
crime
 Merely for facilitating the escape is not aggravating.
 Estafa and theft cannot be under this AC
 Example: forcible abduction
 Use of bicycle is not AC. – motorized dapat.
PAR. 21: CRUELTY
 Accused deliberately adds to the physical pain and
suffering of the victim
 Wrong done must be performed while the victim is
still alive.
 Accused enjoyed and delighted in making the victim
suffer gradually.
 Intended to prolong the suffering of the victim,
causing unnecessary moral and physical pain
 Plurality of wounds alone does not show cruelty
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1. Aggravating – habitual alcoholism or when it is

REQUISITES: intentional
1. Injury caused be deliberately increased by causing 2. Mitigating – not habitual or when it is not subsequent
other wrong to the plan to commit felony
2. Other wrong be unnecessary for the execution of the DEGREE OF INSTRUCTION OR EDUCATION
purpose of the offender 1. Mitigating – lack of intelligence and illiteracy
XPN: Murder
IGNOMINY CRUELTY 2. Aggravating – high degree of instruction
Moral suffering Physical suffering
Crimes against chastity Crimes against persons PENALTIES
Suffering that is inflicted by the State for the transgression of a
Outraging or Scoffing at the person of the victim or his law
corpse – qualifying AC of homicide to murder
Mens rea – wrongful criminal intent – guilty mind
Other Aggravating Circumstances under Special Penal Actus rea – wrongful criminal act itself – guilty act
Laws Product = Corpus delicti – body of the crime
1. Use of unlicensed firearm (RA 8294)
2. Organized/syndicated crime group for purposes of JURIDICAL CONDITIONS OF PENALTY:
gain (RA 7659) 1. Productive of suffering
a. Theft 2. Commensurate with the offense
b. Estafa 3. Personal
c. Robbery 4. Legal
d. Illegal recruitment 5. Certain
3. Owner, driver, or passenger of carnapped vehicle is 6. Equal for all
killed or raped (RA 10883) 7. Correctional
ARTICLE 15 – ALTERNATIVE CIRCUMSTANCES
1. Relationship THEORIES JUSTIFYING PENALTY:
2. Intoxication 1. Prevention
3. Degree of instruction or education 2. Self-defense
3. Reformation
RELATIONSHIP: SAD-nalaBSA 4. Exemplarity
 Spouses 5. Justice
 Ascendants
 Descendants THREE-FOLD PURPOSE:
 Natural, legitimate, or adopted brothers or sisters 1. Retribution or expiation
 Relatives by affinity 2. Correction or reformation
Stepfather and stepdaughter 3. Social defense

1. Crimes against persons – always aggravating
2. Crimes against property
a. Robbery, usurpation, fraudulent insolvency,
arson – mitigating
b. Theft, estafa, malicious mischief if offender and
offended live together - exempting
3. Crimes against chastity – always aggravating
4. Other attending conditions – adultery
ART. 21 – No felony shall be punishable by any penalty not
prescribed by law prior to its commission.
ART. 22 – RETROACTIVE EFFECT OF PENAL LAWS
GR: No retroactivity
XPN: Favorable to the accused who is not a habitual
delinquent
XPN to the XPN: Expressly made inapplicable

Not aggravating nor mitigating if relationship is an element to
the offense. – ex. Parricide
INTOXICATION – affects mental faculties
ART. 23 – EFFECT OF PARDON BY OFFENDED PARTY
GR: Pardon does NOT extinguish criminal liability.
XPN #1: Expressly pardoned before institution of action:
1. Adultery and Concubinage
2. Seduction, Abduction, Acts of lasciviousness

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3. Rape f. Forfeiture or confiscation of instruments and

proceeds of the offense
TWO CLASSES OF INJURIES: g. Payment of cost
1. Social injury – repaired through penalty
2. Personal injury – repaired through indemnity SUBJECT MATTER
XPN #2: Express waiver of civil liability 1. Corporal (death)
2. Deprivation of freedom (reclusion prision, arresto)
ART. 24 – PREVENTIVE MEASURES NOT PENALTIES 3. Restriction of freedom (destrierro)
1. Arrest and temporary detention of accused by reason 4. Deprivation of rights (disqualification and suspension)
of insanity or imbecility 5. Pecuniary (time)
2. Commitment of a minor
3. Suspension from employment or public office during RA 9346 – Death penalty is prohibited.
trial
4. Fines and other corrective measure ART. 26 – FINE
5. Deprivation of rights and the reparations
Afflictive – over P1,200,000.00
ART. 25 – PENALTIES ACCORDING TO: Correctional – P40,000.00 to P1,200,000.00
Light - less than P40,000.00
GRAVITY
1. Capital - Death ART. 27 – DURATION OF PENALTIES: 1-30-6-6-12-20-40
2. Afflictive
a. Reclusion perpetua Reclusion perpertua 20 yrs. 1 day to 40 years
b. Reclusion temporal Reclusion temporal 12 yrs. 1 day to 20 years
c. Perpetua or temporary absolute disqualification Prision mayor 6 yrs. 1 day to 12 years
d. Perpetua or temporary special disqualification Prision correccional 6 mo. 1 day to 6 years
e. Prision mayor Arresto mayor 1 mo. 1 day to 6 months
3. Correctional Arresto menor 1 day to 30 days
a. Prision correccional Bond to keep the peace Court’s discretion
b. Arresto mayor
c. Suspension ART. 28 – COMPUTATION OF PENALTIES
d. destierro 1. Offender in prison (detention)– temporary penalty is
4. Light from the day judgment of conviction becomes final
a. Arresto menor 2. Offender not in prison – deprivation of liberty’s
b. Public censure duration is form the day the offender is placed at the
disposal of judicial authorities for enforcement of
NATURE penalty
1. Principal penalties 3. Other penalties – from when he commences to serve
a. Divisible his sentence
i. Minimum
ii. Medium TEMPORARY PENALTIES
iii. Maximum 1. Temporary absolute disqualification
b. Indivisible 2. Temporary special disqualification
i. Death 3. Suspension
ii. Reclusion perpetua
iii. Perpetual absolute or special disqualification DEPRIVATION OF LIBERTY:
iv. Public censure 1. Imprisonment
2. Accessory penalties 2. Destierro
a. Perpetual or temporary absolute disqualification
b. Perpetual or temporary special disqualification ART. 29 – PREVENTIVE IMPRISONMENT
c. Suspension from public office, the right to vote, Non-bailable or if bailable, he cannot post bail
and be voted for, the profession or class
d. Civil interdiction
e. Indemnification

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GR: Offenders’ preventive imprisonment shall be credited in
the service of their sentence consisting deprivation of liberty
 Detention prisoner agrees voluntarily in writing, with
assistance of counsel
XPN:
1. Rescidivists or previously convicted twice or more of
any crime
2. Summoned but failed to surrender voluntarily
3. Habitual delinquents
4. Escapees
5. Persons charged with heinous crimes
If offender does not agree, do so in writing with assistance of
counsel. His sentence served shall be credited 4/5 he has
undergone preventive imprisonment.
ART. 30 – EFFECTS - PERPETUAL OR TEMPORARY
ABSOLUTE DISQUALIFICATION
1. Deprivation of public offices and employments
2. Deprivation right to vote
3. Disqualification for the offices or public employment
and for the exercise of any rights mentioned
4. Loss of all rights to retirement pay or other pension
ART. 31 – EFFECTS - PERPETUAL OR TEMPORARY SPECIAL
DISQUALIFICATION
1. Deprivation of office, employment, profession or
calling
2. Disqualification for holding similar offices or
employments perpetually or during the term of
sentence
ART. 32 - PERPETUAL OR TEMPORARY SPECIAL
DISQUALIFICATION – RIGHT OF SUFFRAGE
perpetually or during the term of sentence
1. Right of suffrage
2. Right to vote
3. Be elected for
4. Not to hold public office
ART. 33 – EFFECTS OF PENALTIES SUSPENSION FROM
PUBLIC OFFICE, PROFESSION, CALLING OR RIGHT TO
SUFFRAGE
Disqualify offender from holding office or exercising such
profession…
ART. 34 – CIVIL INTERDICTION
Deprive the offender during his sentence of:
1. Parental authority
2. Guardianship
3. Marital authority
4. Right to manage his property
TAMAYO NOTES ON CRIMINAL LAW 1
Joyelle Kristen C. Tamayo
5. Right to dispose such property by any act inter vivos
Mortis causa disposition by will or donation is
allowed.
ART. 35 – EFFECTS OF BOND TO KEEP THE PEACE
1. Present 2 sureties
a. Will not commit the offense sought to be
prevented
b. Pay the amount prescribed by court if
offense be committed
c. Deposit amount with clerk of court
d. May be detained if he cannot give bond
i. Not exceeding 6 months – grave or less
grave felony
ii. Not exceeding 30 days – light felony
ART. 36 – EFFECTS OF PARDON
1. Does not restore right to hold public office
2. Right of suffrage
Unless expressly restored by the pardon
3. Shall not exempt from payment of civil liability
4. Does not include accessory penalties if it is in general
terms
LIMITS:
1. Pardon only after conviction
2. Not in cases of impeachment
ART. 37 – COSTS – Fees and Indemnities
Convicted - Expenses of litigation to the accused
Acquitted – each bearing his own expenses
ART. 38 – PECUNIARY LIABILITIES – ORDER OF PAYMENT
When offender does not have sufficient property for payment
of his pecuniary liabilities:
1. Reparation of the damage caused
2. Indemnification of consequential damages
3. Fine
4. Costs of proceedings
ART. 39 – SUBSIDIARY PENALTY
 If convict has no property to meet the fine in Art. 38(3), he
shall be subject to subsidiary personal liability at the rate
of 1 day for each amount equivalent to the highest
minimum wage rate prevailing at the time of rendition of
conviction.
 Not an accessory penalty
 Not a matter of choice by going to jail instead of paying
Prision
Subsidiary imprisonment to not
correccional and
exceed 1/3 of the term of sentence
arresto AND FINE
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Not exceed 6 months – grave or less

Fine only grave felony ART. 45 – CONFISCATION AND FORFEITURE OF THE
Not exceed 15 days – light felony PROCEEDS OR INSTRUMENTS OF THE CRIME
Higher than 1. Confiscated and forfeited in favor of the government
prision No subsidiary imprisonment 2. Property of 3rd person is not subject to C and F
correccional 3. Property not subject of lawful commerce shall be
Not by destroyed, regardless to whom it belongs
confinement but Same as above
of fixed duration
ART. 48 – COMPLEX CRIMES
 Applies only when RPC does not provide for a specific
NO SUBSIDIARY PENALTY WHEN:
penalty
1. Higher than prision correccional
 Only one information is filed
2. Failure to pay reparation of damage, indemnification
of consequential damages and costs of proceeding
PLURALITY OF CRIMES
3. Not by confinement and no fixed duration - censure
Consists in the successive execution by the same individual of
4. Penalty for habitual delinquency WON subsidiary
different criminal acts upon any of which no conviction has
penalty should be imposed
yet been declared
5. Not expressly stated in judgment
6. For non-payment of taxes in case of insolvency
TWO KINDS OF PLURALITY:
1. FORMAL OR IDEAL PLURALITY - one criminal liability
ACCESSORY PENALTIES
a. Commits any of the complex crimes in Art 48
ART. 40 – DEATH
b. Specifically fixed by law to have a single penalty for 2
1. Perpetual absolute disqualification
or more offenses
2. Civil interdiction for 30 years
i. Robbery with homicide
ii. Kidnapping with serious physical injuries
ART. 41 – RECLUSION PERPETUA AND RECLUSION
TEMPORAL
c. CONTINUING CRIMES:
1. Civil interdiction for life or during sentence
 SERIES OF ACTS, SINGLE CRIME
2. Perpetual absolute disqualification unless expressly
 a single crime, consisting of series of acts but all
pardoned
arising from one criminal resolution
 continuous, unlawful act or series of acts set on
RECLUSION PERPETUA LIFE IMPRISONMENT
foot by a single impulse and operated by an
Duration of 20 yrs 1 d to 40
No fixed duration unintermittent force, however long a time it may
yrs
occupy
Punishable under special
Punishable under RPC  Example: kidnapping – starts when abducted to
penal laws
the hideout – Bataan to Paranaque
With accessory penalties No accessory penalties
 Venue - can be charged in any place where the
crime passed
ART. 42 – PRISION MAYOR
 Manok ng tatlong tao – continuing crime
1. Temporary absolute disqualification
2. Perpetual special disqualification unless expressly
 REQUISITES:
pardoned
1. Multiplicity of acts
2. Unity of criminal purpose/intent
ART. 43 – PRISION CORRECCIONAL
3. Unity of criminal offense violated
1. Suspension from public office, profession or calling
2. Perpetual special disqualification from suffrage if the
2. REAL OR MATERIAL PLURALITY
duration exceeds 18 months unless expressly
 SERIES OF ACTS, SEPARATE CRIMES
pardoned
 Each act performed by the offender constitutes a
separate crime

ART. 44 – ARRESTO
TWO KINDS OF COMPLEX CRIMES UNDER ARTICLE 48:
1. Suspension from the right to hold office
2. Right of suffrage during term of sentence

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1. COMPOUND CRIME (delito compuesto)– a single 4. Estafa through Falsification of Private Document
act constitutes two or more grave or less grave 5. Continuous crimes
felonies 6. Committed to conceal the other
 ONE ACT, 2 OR MORE CRIMES 7. The other crime is indispensable part of the other
8. Penalized by a special law
REQUISITES: 9. Provides two-tiered penalty
1. Single act by the offender
2. Produces – SPECIAL COMPLEX CRIMES – considered as a single
a. 2 or more grave felonies; indivisible offense with a specific penalty under the RPC
b. 1 or more grave and one or more less grave The main intent (rape) is controlling. Homicide is only
felonies; or incidental. AC is generic. There is no rape with murder.
c. 2 or more less grave felonies 1. Rape with homicide (Art. 266)
2. Kidnapping with Murder or Homicide – (Art. 267)
 Only one crime in the eyes of the law regardless whether the killing was purposely sought
 If one is not proven, he may still be convicted of the or merely an afterthought
other. 3. Kidnapping with rape
 Example: Same bullet causing the death of two persons 4. Robbery with homicide (Art. 294)
standing on the same line of the direction of the bullet 5. Robbery with rape
 NO COMPLEX CRIMES OF CULPA – Reckless imprudence 6. Arson with homicide (Art. 320)
resulting to homicide
CONTINUING COMPLEX TRANSITORY
2. COMPLEX CRIME PROPER (delito complejo) – an CRIMES CRIMES CRIMES
offense is a necessary means for committing the other To determine
Penalty not in Penalty is in venue in criminal
REQUISITES: maximum maximum procedure
1. At least two offenses committed “Moving crime”
2. One or some of the offenses must be necessary
to commit the other PENALTY FOR COMPLEX CRIMES
3. Both or all offenses must be punished under the
same statute Rule # 1: Penalty for the most serious crime, the same to
be applied in its maximum period
 Example: Forcible abduction with rape
 “Necessary means” does not mean “indispensable Rule # 2: Different crimes with the same penalty – penalty
means” for any one of them in its maximum period
 When the offender executes various acts, he must
have a single purpose. When punishable of imprisonment and fine – only the
 Subsequent acts of intercourse are separate imprisonment is imposed.
counts of rape.
 No complex crime when trespass to dwelling is a ART. 50 -57 DIAGRAM
direct means to commit a grave offense. Degree of the penalty must be lowered when:
 When 2 crimes produced by a single act are within Consummated Frustrated Attempted
the jurisdiction of 2 courts of different Principals 0 1 2
jurisdiction, the court of higher jurisdiction shall Accomplices 1 2 3
try the complex crime. Accessories 2 3 4

Illegal possession of firearm – considered as a special AC Related to Penalty:

Degree – one entire penalty – reclusion, prision, arresto
NO COMPLEX CRIMES: Period - one of the three equal portions of a divisible penalty
1. Arson with homicide – minimum, medium, maximum
2. Theft of firearm (RPC) and illegal possession of same
firearm (special penal law)
3. Rebellion with murder, arson, robbery or other ART. 70 – SUCCESSIVE SERVICE OF SENTENCES
common crimes – already inherent

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 Prisoner with multiple penalties shall not stay longer
than threefold of the most severe penalty imposed
upon him
 have to serve their sentences successively according
to the respective severity of the penalties imposed
THREE-FOLD RULE (3:40:4)
1. Maximum duration shall not be more than 3 times the
length of time of the most severe of the penalties
imposed upon him
2. No case exceed 40 years
3. Apply only when the convict is to serve 4 or more
sentences successively
Example:
Sentenced - 14 years 8 mo 1 day; 17 years 4 mo 1 day; 14 years
8 mo; 12 years = 59 years, 8 months, 2 days in total
5. 1 year – libel and similar offenses
6. 6 months – oral defamation and slander by deed
7. 2 months – light offenses
ART. 91 – COMPUTATION OF PRESCRIPTION
 Commence to run from the day the crime is
discovered by the offended party, authorities or their
agents
 Interrupted by the filing of complaint or information
 Commence to run again when such proceedings
terminate without the accused being convicted or
acquitted, or are unjustifiably stopped for any reason
not imputable to him
 Prescription shall not run when the offender is absent
from the Philippines.
-oOo–

Most severe penalty is 17 years 4 months 1 day x 3 = 52 years

and 3 days. The limit is 40 years only. He shall serve for 40 REMINDERS IN ANSWERING: (Atty. Yap, 2019)
years only.  Be responsive.
 Substantiate your answers.
ART. 77 – COMPLEX PENALTY – NOT PENALTY FOR A  Use proper presentation – margin, indent, handwriting, etc.
COMPLEX CRIME  Do not over-answer.
3 distinct penalties  Do not be wordy.
Example: Art. 114 – Reclusion temporal to death  Diskarte! Law, jurisprudence, equity!
1. Maximum – death
2. Medium – reclusion perpetua LABAN!
3. Minimum – reclusion temporal

INDETERMINATE SENTENCE LAW (ISLAW) – ACT 4103

amended by ACT 4225
 Applies the Positivist Theory
 Usually the sentence is determinate

Concept:
 It 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, when the maximum imprisonment exceeds
1 year
 It applies to both RPC and special penal laws.
 Babaguhin pa ng judge yung penalty na nasa RPC,
babaan pa niya – favorable to the accused
 He will have to serve the minimum sentence then he
can avail parole.
 Good Conduct Time Allowance Law

ART. 90 – PRESCRIPTION OF CRIMES

1. 20 Years – death, reclusion perpetua, reclusion temporal
2. 15 Years – afflictive penalties
3. 10 years – correctional penalties
4. 5 yeas – arresto mayor

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