Lesson 1
source of our revised penal code.
Criminal Law - that branch of public law which Defines
crimes, Treats of their nature and Provides for their
punishment.
 This is part of public laws aside from the other laws
that we have and it will define what crimes are
committed and then what is the nature of the crimes
that was committed and what is the punishment of
the crime that was committed.
 In criminal law we’re going to learn the crimes
especially in the revised penal code book 2, together
with the elements and what’s the nature of the
crime is it the crime against public security, is it a
crime against the nation, is it crime against person,
is it a crime against property and if they committed
those crimes what would be the punishment of that
person who committed that crime.
Distinctions
 Felony – punishable by the Revised Penal Code.
(nandito lahat)
 Offense – punishable by special penal laws. Special
Penal law ito yung mga laws na wala sa Revised
Penal Code (ex. R.A 9165, Illegal Possession of
Firearms and Ammunition)
 Infractions – punishable by city or municipal
ordinances. (ex. Bawal magtapon ng basura, bawal
umihi dito)
Crime – is defined as an act committed or omitted in violation
of public law forbidding or commanding it.
 A crime is parang napaka generic term that if you
violated a public law or any public laws that we have
that is considered as crimes.
Delict – a misdeamenor, an offense, or simply CRIME.
Quasi Delict – the fault or negligence of a person causing
damage to another, and there is no preexisting contractual
relation between the parties (Article 2176 Civil Code). Also
known as CULPA AQUILIANA
 Meron kang negligence (kapabayaan) that’s why to
cause damage to other person and wala kayong
preextisting contractual relation or agreement nung
nagkaroon ng damage sa isang tao. (ex. You are
driving like a good father of a family which
means napakacareful mo na nagdridrive on your
car and then merong taong biglang sumulpot at
dumaan sa harap mo and nabungo mo siya, the this
negligence on your part also and there’s also a
negligence of that person too, so theirs is an
accident but you cause a damage to that person too
that is what we called QUASI DELICT. And you will be
liable kadalasan kinakasuhan ng reckless imprudent
resulting to Physical Injuries.
Sources of Criminal Law
 Act 3815 as the Revised Penal Code
 Special Penal Laws passed by Congress
 Presidential Decrees issued by President Marcos
 Codigo Penal De Espana (Spanish Penal Code) – main
Common Law Crimes – the body of principles, usage and
rules of action which do not result from the express act of the
legislature. There is no such crime in the Philippines.
 Yung mga dating tradition nila then kapag vinaolate
mo ito magiging crime yun, mga principles ng mga
nakakatanda, kahit wala sa batas natin, hindi ginawa
ng mga legislatures natin or the legislative
department ng ating congress, hindi naman sila
gumawa ng batas nay un kundi dahil naging practice
nila nap ag gagawin mo ito magiging crime yan that
is called Common Law Crimes.
 But in the Philippines there is no such things.
Phillippines don’t go with the common law crime.
Although may mga nererespetong decision sa mga
iba nating katutubo (ex. There’s the system
in Cordillera, kung saan kapag may nagkaalitan,
there’s a violation doon sa isang tribe at vinalioate
niya or merong siyang nasaktan doon sa other tribe,
pinaguusapan nila yun, although crime yung nagawa
nila pinaguusapan nila ito kung paano masesetled in
a nice way but generally walang common law crimes
in the Philippines.
Nullum Crimen Nulla Poena Sine Lege – there is no crime if
there is no law punishing it.
Characteristic of Criminal Law
 General – Criminal law is binding on all persons who
live or sojourn in the Philippines, regardless of age,
sex or nationality. ( Meaning that who are those
living in the Philippines are covered by the revised
penal code of the Philippines, whatever is the
nationality, age, sex, you are govern by the revised
penal code of the Philippines
 Territorial – criminal law are applicable only if the
crime is committed within Philippines Territory.
(Yung Revised Penal Code ay maaapply lamang if it is
committed within the Philippine Territory
 Prospective – criminal law cannot make an act
punishable in a manner in which it was not
punishable when committed. See Article 366.
“The law looks forward and not backward” (kung
nagawa ngayon yung batas na ito, ang saklaw niya
lang ay yung mga krimen na magagawa palang, hindi
siya pwedeng gamitin sa mga past crimes (ex. I love
you Virus)
Exception to the General Characteristics
 As provided by treaty stipulations – RP – US
VFA Agreement. ( doon sa general characteristics sa
general principle it was discussed that the Criminal
Law is generally applicable to the people who live or
sojourn in the Philippines reguardless of their sex,
age and nationality. Except kung meron tayong mga
treaty stipulations or meron tayong mga agreement
sa ibang bansa like the Republic of the Philippines or
RP – US – Visiting Force Agreement) “ex.
Nagkakaroon ng balikatan exercises under visting
forces Agreement yung mga American at Pilipino at
nangyare yung crime within the Philippines, yung
 generality characteristics is not applicable”. ( case of
U.S soldier na may pinatay sa olonggapo, since
pinaglaban nila yun RP – US – VFA kaya nanaig na
dapat kasuhan siya sa US because the generality
characteristics ay meron sa treaty stipulation, then
pinaglaban nila yun pero hinawakan parin siya ng
courts ng Philippines but bigla nalang nagkaroon ng
decision, pero di na siya kinulong but nasa US na
siya)
 As provided by law of preferential application – RA
75 grants protection to diplomatic representatives,
ambassador or other public ministers of foreign
countries including their domestic servants
authorized and received by the president. (ex. ang
nakagawa ng crime is yung mga taga embassy na
nakatalaga dito sa Pilipinas, yung mga diplomatic
representatives, yung mga ambassador of every
countries na nakadesignate dito sa Philippines is
they’re not covered by the Revsied Penal Code pag
nakagawa sila ng crimes including their domestic
servants that is the other exception under Republic
Act 75)
 Person who are exempt because of certain
principles of international law:
 Sovereign and other heads of states (ex.
The President of the United States was
visiting the Philippines then may na rape
siya dito na pinay the Revised Penal Code
will not apply to him)
 Ambassador, Minister, Plenipotentiaries,
Minister Residents and charges d’ affaires.
Exceptions to the Territorial Characteristics
 When the Offender shall commit an offense on a
Philippine ship or Air ship – (if it is committed in the
Philippine Territory then the Revised Penal Code will
applied (ex. Kapag registered siya sa Pacific Airline or
Philippine Airline within the Philippines pero
nangyare yung crime habang naglalayag yung airline
or yung air ship na nagregistered sa Philippines na
naglalayag sila sa ibang bansa pero it was committed
doon sa Philippine Air ship the is registered in the
Philippines still the Revised Penal Code will be
applicable to those who committed the crime)
 When the offender should forge or counterfeit any
coin or currency note of the Philippines or
obligations and securities issued by the Philippine
Government – When the offender should be liable
for the acts connected with the introduction into
the Philippines of the obligations and securities
mentioned in number 2(ex. You are a Korean, in
Korea ginawa niya is peneke niya yung mga Peso Bill
doon para gagamitin niya sa pagpunta niya dito sa
Philippines, so habang ginagawa niya yun sa korea ay
nahuli siya, so although ginagawa niya sa Korea pero
nakita mo naman na penepeke niya yung Philippine
Bills then still although it happened in Korea still the
Revised Penal Code of the Philippnes will be applied
to that person. Why? Because that was forge or
counterfeit any coin or currency note of the
Philippines and it is connected to the introduction of
the Philippines yung mga peneke niyang mga notes
or currencies or mga obligations and securities
issued by the Philippine Government)
 When the offender who is a public officer or
employee abroad shall commit an offence in the
exercise of his function – (ex. We have a lot of
Philippine Embassies abroad, so madaminf Filipinos
who are working sa mga embassies natin, if they
commited those violations or crimes kahit nasa
embassy sila or sa ibang bansa then still the Revised
Penal Code of the Philippines will be applicable to
them )
 When the offender should commit an offense
against the national securities and the laws of
nation – (pa gang nacommit niya ay ang nasa titled 1
of Revised Penal Code Book 2 national security that
something to do sa security of our country o the
piracy under the law of nations, nacommit niya kahit
sa labas pero it has something to do with the
security of our country, like treason, misprision of
treason and espionage. Kahit na foreigner siya or
Filipino siya pero nacommit niya outside of the
country the Revised Penal Code of the Philippine will
still be applicable to them, why? Kasi yung security
ng ating bansa ang nakasalalay)
Prospective Characteristics
 Also known as Prospectivity
 Also known as Irretropectivity
 It means the law (as a general rule) dies not have
retroactive effect.
(always prospective ynug batas natin looking forward but
there is exemption on irrestrospectivity or nagreretro back,
provided nagkaroon lang ng retroactive effect kapag yung
batas na ginawa nila is favorable to the accused but general
rule all laws must be prospective in character, that the
general law exception niyo nalang it will become retroactive
or there irretrospectivity of the law only if it is favorable to
the accused)
Exception to the Prospective Character
(When the new law is favorable to the accused)
EXCEPTION TO THE EXCEPTION
 When the offender is a habitual criminal. (Habitual
Criminal – within the span of 10 years ay nakagawa
nanaman siya ng crime/paulit ulit siyang
nakakagawa ng crime)
 When the new law expressly provides it has no
application or retroactive effect to pending
action/cases. (maliban lang kung sinabi sa batas o
bagong batas na hindi pwedeng magretroact yung
batas na ito. At kung paulit ulit na gumagawa ng
crime habitual criminal ito, hindi pwedeng
magreretroact yung batas na ito. General rule, all
law must be prospective character except if that new
law favorable to the accused it will have the
retroactive effect but if the offender is a habitual
criminal the retroactive effect ng batas ay hindi
applicable or yung bagong batas it says that na hindi
pwedeng magreretroactive yung batas na ito)
Construction of Penal Laws
 Penal laws are strictly constructed against the state
and liberally in favor of the accused. (so our Revised
Penal Laws natin ay kadalasan against sa state, pag
 may mga conflict sa mga provision ng Revised Penal
Code mas papaburan niya yung accused hindi yung
gumawa ng batas, mas nakakafavor doon sa accused
 If there is a conflict between the Spanish text and
the English text, the Spanish text prevails.
( pinaggalingan ng Penal Code natin is the Spanish
Revised Penal Code, pag meron pagkaiba nung
Spanish text and then the English text ang mananaig
doon na titignan nila ay ang Spanish text which will
prevail
Pro Reo Doctrine
When there is doubt about the meaning or application or
interpretation of a penal law and the doubt admits of two
interpretation, one which is lenient to the offender and the
other one is favorable to him, then the interpretation which is
favorable to the accused should be applied. (if there is a
doubt on how they’re going to apply the Revised Penal Code
because there are two interpretation that used. This law is
lenient to the offender mas nakakagaan to the offender or
yung criminal or favorable naman doon sa offender iwaway
nila which is ano yung mas favorable to the accused, titignan
nila that if there is a doubt as to the application of the
Revised Penal Code
(Ibig sabihin nya pagka ang batas ay dalawa ang ibig
sabhin..yung mas umaayon sa acusado ang cyang bigyan ng
pabor..at yun ang gagamitin sa kaso ng accused.,kasi mas
mana-ig yung ang pagka-innocente ng accusado lalo na kung
may duda sa interpretasyon sa batas)
History of the RPC
 The Alleged Code of Calantiao of 1433
 The Old Penal Code which took effect until
December 31, 1931.
 Administrative Order 94 of the DOJ dated October
18, 1927
 Anacleto Diaz, Quintin Peredes, Guilermo Gueverra,
Alex Reyes, and Mariano De Joya
 Revised Penal Code (Act 3815)
 RPC approved December 8, 1930
 RPC took effect January 1, 1932
Theories on Criminal Law
 Classical (Juristic) Theory – the basis of criminal
liability is human free will and the purpose of penalty
is retribution. Man is moral creature with absolute
free will to choose between good and evil. Here,
more stress is placed upon the result of the crime
than the criminal. There is scant regard for the
human element. ( titignan nila more on the result of
the crime hindi nila titignan yung pagkatao mo, kasi
alam nila in the first place na mayroon lang free will
to choose between good and evil. (ex. Nakagawa ka
ng crime ang titignan nila is yung result of the crime
and they will not look you, they will not at the
human element) (ex. Kahit pastor ka pero kung
nakagawa ka ng crime they will not look at you as a
pastor ang titignan nila is ano ba yung nagawa mong
crime)
 Positivist (realistic) Theory – man is subdued
occasionally by a strange and morbid phenomenon
which constrain him to do wrong. Crime is a social
and natural phenomenon; it cannot be treated
therefore by the application of abstract principle of
law by the imposition of punishment. The purpose of
the penalty is reformation of accused. Offender is
regarded as a sick person who needs treatment.
(nalalagay palagi yung tao sa phenomenon or
nalalagay tayo doon sa situation na kung saan kung
minsan naiinvite tayo to do wrong. So ang paggawa
ng crime is like natural phenomenon na kung saan
nasasayo iyon kung gagawa ka ng crime, kasi nandun
ka sa situation na yung kaya nakakagawa ka ng mali.
They will not punish you is you commit a crime ang
gagawin nila is irereform ka nila kasi it says that yung
tao ay palaging nasa situation na kung saan naaakit
tayo pa gumawa ng mali kaya instead na ipunish
natin ireform nalang natin and look at the offender
as a sick person na kailangan gamutin)
Classical Theory
 The basis of criminal liability is human free will and
the purpose of penalty is retribution.
 Man is a moral creature with an absolute free will to
choose between good and evil.
 Here more stress is placed upon the result of the
crime than the criminal.
 There is scant regard for the human element.
Positivist Theory
 Man is subdued occasionally by a strange and
morbid phenomenon which constrain him to do
wrong.
 Crime is a social and natural phenomenon
 Crime cannot be treated therefore by the application
of abstract principles of law or by the imposition of
punishment.
 The purpose of penalty is reformation of accused.
 Offender is regarded as a sick person who needs
treatment.
Rules on crime committed abroad foreign
merchant vessel while within the Philippines
waters
 English Rule – the crime is punishable in the
Philippines, unless the crime merely affects things
within the vessel. ( merong foreign merchant vessel,
ex. LV Panama nakaregister ito sa panama in central
America and then nagstop siya sa subic para
magbaba ng mga products and then may nangyaring
murder doon sa loob the crime is punishable within
the Philippine Territory unless if the crime nearly
affects things within the vessels. Ex. Mayroon silang
hindi pagkaintindihan sa loob yung mga crews and
the captain then nagaway away sila it does not affect
the peace and order of the Philippines then sakanila
nalang yun, but if that will affect the peace and order
of the Philippines kasi nga may nangyaring crime
nagpatayan sa loob of a foreign merchant vessel
while in the Philippine water then English rule will
applied )
 French Rule – the crime is not triable in the courts of
the country (Philippines), unless their commission
unless their commission has effects on the safety of
the coastal state. (ex. Nakatapak yung vessel yung
foreign merchant vessel within the Philippine Water,
 hindi saklaw ng Revised Penal Code of the
Philippines yung nangyaring crime, unless your
commission has an effect on the safety of the costal
state, maliban lang kung merong safety, yung peace
and order ng ating bansa ay affected)
(What do Philippines Follow in relation to those foreign
merchant vessel while in the Philippine Water when the crime
is committed? English Rule)
Limitations of the powers of congress to
make Laws
(pag gumagawa yung mga congress natin under our
constitution that congress or the legislative department are
the one responsible of making laws, if they are making laws in
relation to our Revised Penal Code or to the Penal Laws of the
Philippines may mg limitations ito)
 No Ex Post Facto Law shall be enacted – Ex Post
Facto Law is a law that makes criminal an act done
before the passage of the law and which was
innocent when done, and punishes such an act; it
may also be defined as law which aggravates a
crime, or make it greater than it was, when
committed. (hindi pwedeng parusahan moa ng isang
tao nakagawa nung crime noong pero wala pang
batas na magpupunish sanakanya, gagawin palang
yung batas so it means that napakainosente p niya
nung ginawa niya kasi walan nagpupunish na batas
sakanya noon)
 No Bail of Attainder shall be passed – a bill of
attainder is a law which inflicts punishment without
trial. (this is a violation of the right the accused for
the trial and this is under the constitution under the
bill of rights article 3 of Constitution, lahat must go
with the due process, no person shall be deprive of
life, liberty or property without due process of law,
hindi pwedeng basta makulong yung isang tao,
madeprive ang kayang buhay, liberty at makuha
yung kanyang ari-arihan ng walang process, and trial
is a process. Hindi pwede gumawa yung congress
natin ng batas na nagsasabi na mapupunish siya
kahit walang trial crime na nagawa niya)
Warning: Date of Effectivity is Different
from date of Approval
 Article 1. Time when Acts takes effect – January 1,
1932
 Article 367. RPC approved on December 8, 1930
FELONY
 Art 3. Definition – acts and omissions punishable by
law are felonies (delitos). Felonies are committed by
not only be means of deceit (dolo) but also by the
means of fault (culpa). There deceit when the act is
performed with deliberate intent and there is fault
when the wrongful act result from imprudence,
negligence lack of Foresight, or lack of skill.
(tinitignan nila kung ano yung purpose why did this
person committed this crime, or the act or omission
was due to the fault which results from imprudence,
negligence, lack of foresight and lack of skills and
dito pumapasok yung reckless imprudence resulting
to…. Kasi by means of fault (culpa) kulang ka ng skill,
kulang ka ng foresight “ex. Nagmomotor ka ng di mo
alam masyado gumamit ng motor kaya nagkaroon ng
accident or foresight, kung may nangyaring ganun
then your skill liable of a felony by means of fault
(culpa) because your act results from imprudence,
negligence, lack of foresight and lack of skills”) (pag
naman felonies that were committed by the mean of
deceit(dolo) ang titignan nila is yung deliberate
intent, yung purpose “ex. Bakit mo pinatay, what’s
your purpose in killing that person. Intention yung
hinahanap and wala silang pake sa motibo kung
bakit ito pinatay
Elements of Felonies in General:
 An at or omission
 Act or omission punishable by the RPC
 Act is performed or omission is incurred by means of
dolo or culpa
Act – is any bodily movement tending to produce some
effects in the external world.
Omission – inaction, the failure to perform an act one is
bound to do.
Imprudence Vs. Negligence
 Imprudence involves lack of skill. Negligence involves
lack of foresight
 Imprudence involves a deficiency of action.
Negligence involves deficiency of perception.
 Failure to make precaution is imprudence. Failure to
use diligence is negligence.
Requisites of DOLO or MALICE
(Intentional Felonies)
 Freedom of Action (free ka gumawa ng act)
 Intelligence (mayroon kang intelligence kaya alam
mo yung tama or mali ang iyong ginawa)
 Intent (purpose kung bakit mo yun ginawa
Men’s Rea
 Criminal Intent
 The intention or knowledge of wrongdoing that
constitutes part of a crime, as opposed to the action
or conduct of the accused.
Requisites of Fault or Culpa
(Culpable Felonies)
 Freedom of Action
 Intelligence
 Imprudent, Negligence, or lack of foresight or skill
Mistake of Fact
 is a misapprehension of fact on the part of the
person who caused injury to another. He is not liable
for absence of criminal intent. (namissapprehend
mo, hindi mo siya intention pero yung fact na akala
mo ay hindi pala yun yung totoo, at kung may
nangyare naman doon dahil yun yung pagaakala mo
na hindi naman pala totoo at may nangyare na crime
 doon, there is no criminal intent, wala kang intention
or purpose para gumawa ng crime nay un kasi
merong mistake of fact.
Requisites of Mistake of Fact
 The act would have been lawful had the facts been
as the accused believed them to be. (yung gagawin
niyang action or yung nagawa niyang act ay lawful
base sa pagkakaalam nung akusado)
 The intention of the accused in performing the act
should be lawful. (yung intention niya para gawin
ang isang act na iyon ay walang malisya, lawful siya)
 That the mistake must be without fault or
carelessness on the part of the accused. (wala siyang
kasalanan, dahil very careful siya doon sa acts na
ginawa niya at wala naman siyang ginawang mali
doon sa acts niya.)
Example: United States v. Ah Chong.
Ah Chong being afraid of bad elements, locked himself in his
room by placing a chair against the door. After having gone to
bed, he was awakened by somebody who was trying to open
the door. He asked the identity of the person, but he did not
receive a response. Fearing that this intruder was a robber,
he leaped out of bed and said that he will kill the intruder
should he attempt to enter. At that moment, the chair struck
him. Believing that he was attacked, he seized a knife and
fatally wounded the intruder.
Ignorantia Legis Non Excusat
 Ignorance of the law excuses no one from
compliance therewith. (pagdumadaan yung bus may
natatanaw na malawak na farm na king saan there
are lots of different flowers with the color of pink
and violet they were all planted near the road and it
turn out na may dumaan doon minsan na police na
nakasakay doon saa bus, nung tinitignan niya dahil
sa base sa experience niya sa training niya abroad, it
turned out that is a opium flower, it is high graded
drugs na yun lang ang pwedeng itanim sa afganistan
and aang alam ng mga farmers na nagtanim nun ay
isang karaniwang bulaklak lang kasi ang ganda ng
bulaklak but it turned out that those are opiums.)
Ignorantia Facti Excusat
 Is a latin legal maxim that means ignorance of a fact
is an excuse. Any act done under a mistaken
impression of a material fact is excused.
Actus non facit reum nisi mens sit sea
 the act itself does not make a man guilty unless his
intention was so.
Actus me invito factus nonest meus actus
 act done by me against my will is not my act.
Crimes Mala In Se VS. Crime Mala Prohibita
1. those which are so 1. These are violation of
serious in effects to the so mere rules of convenience
society so as to call for their designed to secure a more
unanimous condemnation. orderly affairs of the
(Crimes that has a big society. ( you violate the
impact to the society) rules that disturbed the
society.)
2. Wrongful in nature. Since 2. Made wrongful only by
the beginning of time. statue
(simula umpisa mali na
yung pag gawa ng act na
iyon. Ex. Killing)
3. Generally punished by 3. Punished by Special Penal
Revised Penal Code Law
4. Intent is necessary 4. Intent may not be
necessary.
MOTIVE and INTENT
Motive- the moving power which impels one to action for a
definite result (ano ang nag udyok sayo para gawin iyon)
Intent is the purpose to use a particular manes to effect such
result. (ano yung purpose mo)
NOTE : Motive is not an element of a crime and need not be
proved. Intent is an element of a Crime and must be proved
CRIMINAL LIABILITY, DEFINED
Criminal liability does not only mean the obligation to serve
the personal on imprisonment penalties but it also includes
the liability to pay the fines or pecuniary penalties.
CRIMINAL LIABILITY
Art. 4. Criminal liability. - Criminal liability shall be incurred:
1. By any person committing a felony (delito) although the
wrongful act done be different from that which he intended.
(kahit yung mali na ginawa mo ay different sa gusto mong
mangyare you are still liable because there is a crime)
2. By any person performing an act which would be an
offense against persons or property, were it not for the
inherent impossibility of its accomplishment or an account of
the employment of inadequate or ineffectual means.
(impossible crime which means, ginawa mo yung isang act na
maging crime laban sa isang tao or to a property pero hindi
mo nakuha yung gusto mo pero you are still criminally liable.
EX. May pagnanasa ka sa kapitbahay mo and you raped her
but you didn’t know that she is already dead you are still
criminally liable because paano kapag di siya patay ay
nakagawa ka parin ng crime)
Article 4 (1) may refer to either:
 Error in personae- mistake in identity of victim. (ex.
Meron kang gusting saktan na tao, ngayon inaantay
mo siya sa dilim so nung paglabas niya binugbog mo
tapos nung nailawan siya imbes na si mister x ay si
mister y pala yun, so mali yung tao, still criminally
liable)yung gusto mong magin biktima is wala.
 Aberratio Ictus- mistake in blow. (ex. Nakita mo si a
at b at b gusto mong barilin si b pero dahil wala kang
masydong experience sa pagbaril ang natamaan si a)
yung gusto mong biktiman is meron pero kulang
kulang ka sa experience sa act na gagawin mo.
 Praeter Intentionem- result done is greater than
that originally intended.(ex. Nainis ka sa friend mo
kasi meron siyang maling ginawa u just want him to
give him a lesson, batukan ko nga siya,so nung
binatukan mo ay natumba siya at tumama yung ulo
kaya dumugo that causes death, still criminally
liable)
Rationale of Par. 1
El que es causa de la causa es causa del mal causado.
Meaning: He who is the cause of the cause is the cause of the
evil caused.
PROXIMATE CAUSE, DEFINED
Proximate cause- is that cause which in the ordinary and
continuous sequence, unbroken by any efficient intervening
cause produces the injury.(ex. Gusto mo siyang turuan ng
lesson binatukan mo siya sa ulo and then natumba siya at
naitama sa bato yung ulo niya na siyang nagcause ng injury
and death niya) yung cause is yung pag tapik mo kasi kung di
mo yun ginawa di siya natumba na nagcause ng pagkamatay
niya.
EFFICIENT INTERVENING CAUSE
Efficient intervening cause- are those that break the relation
of cause and effect. (what is the cause and effect)
IMPOSSIBLE CRIME, DEFINED
IMPOSSIBLE CRIMES- those crimes which would have been
committed against person or property were it not for the
inherent impossibility of its accomplishment or on account of
the employment of inadequate or ineffectual means. The
purpose of the law in punishing impossible crime is to
suppress criminal propensities or tendencies. The penalty for
impossible crime is arresto mayor or fine of P200-500 (Article
59).
3 STAGES OF EXECUTION OF FELONIES
Art. 6. Consummated, frustrated, and attempted felonies.
Consummated felonies as well as those which are frustrated
and attempted, are punishable.
A felony is CONSUMATED when all the elements necessary
for its execution and accomplishment are present; and it is
FRUSTRATED when the offender performs all the acts of
execution which would produce the felony as a consequence
but which, nevertheless, do not produce it by reason of
causes independent of the will of the perpetrator.
There is an ATTEMPT (ED) when the offender commences the
commission of a felony directly or over acts, and does not
perform all the acts of execution which should produce the
felony by reason of some cause or accident other than this
own spontaneous desistance.
Consummated – complete package na nagawa mo yung
crime.
Frustrated – nagawa mo na lahat pero may intervening cause
kaya di natuloy gusto mo.
Attempted - plinano mo pero di natuloy dahil may mga
intervening causes.
ATTEMPTED FELONY REQUISITES
1. Offender commences the commission of a felony directly
by overt acts
2. He does not perform all the acts of execution
3. He is not stopped by his own spontaneous desistance
4. The nonperformance of the all acts of execution was due
to cause or accident other than his own spontaneous
desistance.
OVERT ACT, DEFINED
It is some physical activity than a mere planning which if
carried out to termination following
Without being frustrated by external obstacles nor by the
voluntary desistance of the perpetrator, will logically and
naturally ripen in a concrete offense.
INDETERMINATE OFFENSE, DEFINED
INDETERMINATE OFFENSE- It is one where the purpose of
the offender in performing an act is not certain (the purpose
of the offender while doing the act is not sure while he is
doing the act but still tignan mo parin yung intention niya)
FRUSTRATED FELONY REQUISITES
1. Offender performs all the acts of execution
2. Felony is not produced
3. By reason of cause independent of the will of the
perpetrator
Q: How to determine whether a crime is attempted,
frustrated or consummated?
A: See the following:
 the elements present (you need to see the element
of the crime if they are all present)
 the nature of the offense (anong offense yung
nagawa niya nung nature niya)
 the manner of the commission of the crime (paano
niya ginawa yung crime)
FORMAL CRIMES vs. MATERIAL CRIMES
Formal crimes- are crimes consummated in one instant.
There is only one stage and that is consummated stage.
Material crimes have three stages of execution, attempted,
frustrated and consummated.
SUBJECTIVE PHASE vs. OBJECTIVE PHASE OF THE
CRIME
Subjective phase is that portion of the acts constituting the
crime, starting from the point where the offender begins the
commission of the crime to the point where he still has
control over his act and their natural course. (it is the starting
point na ginagawa ng offender, the commission of the crime
and controlled parin iyon)
If between these two points the offender is stopped by any
cause outside of his own voluntary desistance, the subjective
phase has not been passed and it is an attempt. If he is not so
stopped but continues until he performs the last act, it is
frustrated, provided the crime is not produced. This is the
objective phase of the crime (attempted stage)
Art. 7. When light felonies are punishable. - Light
felonies are punishable only when they have been
consummated, with the exception of those committed
against person or property.
LIGHT FELONIES, DEFINED
Light felonies are those infractions of law for the commission
of which a penalty of arrest menor or a fine not exceeding
200 pesos or both; is provided. (ex. Bawal ang magtapon ng
basura)
Art. 8. Conspiracy and proposal to commit felony. -
Conspiracy and proposal to commit felony are punishable
only in the cases in the law specially provides a penalty
therefor.
A conspiracy exists when two or more persons come to an
agreement concerning the commission of a felony and decide
to commit it. ( dalawang tao or more, nagkaroon ng
agreement concerning the commission of a felony at desidido
din silang gagawin yun)
There is proposal when the person who has decided to
commit a felony proposes its execution to some other person
or persons. (ikaw yung principal sa pagawa ng crime and you
proposed the commission to other person of persons)
GENERAL RULE
Mere conspiracy to commit a crime is not punishable.
Reason: Conspiracy and Proposal to Commit a Felony are
punishable only in the cases in which the law specifically
provides a penalty therefore.
EXEMPTIONS: Cases where mere conspiracy is already
punishable:
1. Conspiracy to commit treason (Art. 115);
2. Conspiracy to commit rebellion or insurrection (Art. 136);
3. Conspiracy to commit sedition (Art. 141);
4. Conspiracy in restraint of trade or commerce (Art. 186)
5. Conspiracy to commit terrorism under RA 9372
6. Conspiracy to commit arson under PD 1613.
EXEMPTION Cases where mere proposal is already
punishable
1. Proposal to commit treason (Art. 115);
2. Proposal to commit rebellion or insurrection (Art. 136)
3. Proposal to commit coup d' etat
RULE IN CONSPIRACY
WHEN THERE IS CONSPIRACY BETWEEN OR AMONG THOSE
WHO COMMITTED THE CRIME THE ACT OF ONE IS THE ACT
OF ALL. (kahit di ka kasama pero kasali ka sa agreement all of
you wil suffer the effect of the penalty)
CLASSIFICATIONOF FELONY ACCORDING TO GRAVITY
Art. 9. Grave felonies, less grave felonies and light
felonies. - 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 this
Code.
Less grave felonies are those which the law punishes with
penalties which in their maximum period are correctional in
accordance with the above-mentioned Art .
Light felonies are those infractions of law for the commission
of which a penalty of arrest menor or a fine not exceeding
200 pesos or both; is provided.
PRINCIPAL PENALTIES
1. Capital Punishment:
 Death
2. Afflictive Penalties
 Reclusion perpetua- 20 yrs.+1 day to 40 yrs
 Reclusion temporal- 12 yrs.+1 day-20 yrs
 Perpetual or temporary absolute disqualification-6
yrs.+1 day to 12 yrs.
 Perpetual or temporary special disqualification- 6
yrs.+1 day to 12 yrs.
 Prision Mayor-6 yrs. + 1 day to 12 years
3. Correctional penalties
 Prision correctional- 6 mos.+ 1 day to 6 yrs.
 Arresto mayor-1 month + 1 day to 6 mos.
 Suspension- 6 mos+1 day to 6 yrs
 Destierro- 6 mos. +1 day to 6 years
4. Light penalties
 Arresto menor- 1 day to 30 days
 Public censure
ACCESORY PENALTIES
 Perpetual or temporary absolute disqualification
 perpetual or temporary special disqualification
 Suspension from public office, the right to vote and
be voted for
 Civil Interdiction
 Indemnification
 Forfeiture or confiscation of instrument sand
proceeds of the offense
 Payment of cost
Article 34. Civil interdiction. - Civil interdiction shall deprive
the offender during the time of his sentence of:
1. The rights of parental authority, or
2. Guardianship, either as to the person or property of any
ward,
3. Marital authority,
4. The right to manage his property,
 5. The right to dispose of such property by any act or any Consanguinity – refers to blood relatives. (1) Brothers and
conveyance inter vivos. Sisters with the 2nd degree (2) Uncle or Aunt and Niece or
Nephew within 3rd civil degree (3) first cousin within the 4th
civil degree

Basis of Justification

Humanitarian reason/sentiment upon impulse of blood which

Art. 10. Offenses not subject to the provisions of this
Code. - Offenses which are or in the future may be
punishable under special laws are not subject to the
provisions of this Code. This Code shall be supplementary to
such laws, unless the latter should specially provide the
contrary.
SPECIAL LAW, DEFINED
impels men to rush on occasion of great perils, to the rescue
of those close to them by ties of blood.
Requisites of Defense of Relatives
1. Unlawful aggression
2. Reasonable necessity of the means employed to prevent or
repel it.

Special Law- a law which defines and punishes act not found 3. In case the provocation was given by the person attacked,
in the RPC. that the one making defense had no part therein.

Five Circumstances Affecting Criminal Liability Defense of Stranger

1. Justifying Circumstances 1. Boss

2. Exempting Circumstances 2. Subordinates

3. Mitigating Circumstances 3. Friends

4. Aggravating Circumstances Requisite of Defense of Stanger

5. Alternative Circumstances 1. Unlawful aggression

Quick Enumeration of Justifying Circumstances 2. Reasonable necessity of the means employed to prevent or
repel it.
1. Self – Defense
3. The person defending be not included by revenge,
2. Defense of Relatives resentment, or other evil motive.

3. Defense of Stranger Avoidance of Greater evil/state of necessity

4. Avoidance of greater evil Any person who, in order to avoid an evil or injury, does not
act which causes damage to another.
5. Fulfillment of duty
First: That the evil sought to be avoided actually exists
6. Obedience to order of superior
Second: That the injury feared be greater than that done to
7. Battered Woman Syndrome
avoid it;
Three requisites of Self – Defense
Third: That there be no other practical and less harmful
1. Unlawful aggression means of preventing it.

2. Reasonable necessity of the means employed to prevent or (The injury feared be greater than that done to avoid it – the
repel it. instinct of self – preservation will always make one feel that
his own safety is of greater importance than that of another)
3. Lack of sufficient provocation on the part of the person
defending himself. (The greater evil should not be brought about by the
negligence or imprudence of the actor)
Doctrine of Self -Help

Article 429 of New Civil Code provides that “the owner or

lawful possessor of a thing has the right to exclude any
person from the enjoyment and disposal thereof. For this
When the accused was not avoiding any evil, he cannot
purpose, he may use such force as may be reasonably
invoke the justifying circumstance of avoidance of a greater
necessary to repel or prevent an actual or threatened
evil or injury.)
unlawful physical invasion or usurpation of this property”
Requisite of

Defense of Relative

Battered Woman Syndrome
Battered Wife – a woman who is repeatedly subjected
to any forceful physical or psychological behavior by a
man in order to do something he wants her to do
without concern for her rights. It includes wife or
woman in any form of intimate relationship with a man.
The couple must go through the batter at least twice.
(ex. Case of Marife Quinosa nung unang kinasal sila is
okay pa naman yung relationship nila, nagkaroon ng
isang anak then nung nagkaroon na ng pangalawang
anak doon na nagsisimula yung pananakit ng asawa
niya. Marife Quinosa was working in a bank with a good
position and yung asawa niya is medjo unemployed
then buntis siya para sa pangatlong anak niya and
meron silang hindi pagkakaintindihan. Before na
masasabi natin na maging excuse or justifying
circumstance yung battered woman syndrome
magkakaroon muna ng tension building stage. Yung
tension building stage doon sa case ni Marife Quinosa
nagkakaroon sila ng away habang buntis siya sa
pangatlong anak nila where there was a manual
battering that occurs, medjo sinasaktan siya ng asawa
niya and then later on there is this acute matter on
incident where it is characterized by brutally
destructiveness and death, nagkaroon talaga ng
awayan knowing that she was 8 months pregnant and
the tranquil or loving phase is the betterer shows loving
caring nurture to the victim or nagkroon sila ng peace
with one another. Kung dalawang beses na nagkaroon
ng cycle sa pananakit sa asawa mo at kung ano man
yung nagawa mo you will be excuse as a woman or your
act justified under the battered woman syndrome. Una
doon sa tension stage ay nag-aaway sila hanggang
eventually nagkaroon sila ng sobrang pagaaway na
kung saan naglock sa room si Marife Quinosa na buntis
with her two children and kinuha niya yung baril and
then paglabas akala niya sasaktan siya ng asawa niya
kaya niya ito nabaril. Nung time ni Marife is wala pang
law para doon kaya nakulong siya but the congress
reviewed her case and they came up with is battered
woman syndrome wherein it will be part of justifying
circumstance, provided dalawang beses na dumaan ka
sa same cycle.
BOARD: What are the cycles of violence in BWS?2x
 Tension Building Stage – where minor battering
occurs
 Acute Battering Incident – characterized by
brutality, destructiveness and death.
 Tranquil or loving phase – the batterer slows
loving caring nurture to the victim.
 All of the above
(sa case ni Marife Quino is hindi siya dumaan sa
dalawang stage bases sa hearing ng kanyang kaso and
isang stage palang siya dumaan pero ang kailangan ng
batas is dalawa para maconsider na justified pero since
nakakulong siya and naserve niya na yung minimum ng
kanyang pagkakulong eventually nag apply siya ng
pardon and granted yung kanyan pardon and then
nakalabas siya sa kulungan)
The Exempting Circumstances
Are those grounds for examination from punishment
because there is wanting/missing in the agent of the
crime any of the conditions which make the act
voluntary or negligent. (muna nung nakagawa ka ng act
there is a ground for exemption from punishment,
nakagawa ka ng act but your are exempted sa
punishment because there is wanting/missing in the
agent of the crime which is the make the act voluntary
or negligent, which means yung paggawa mo ng crime
or yung act na ginawa mo is there is missing or there is
wanting meaning hindi mo kagustuhan or yung act mo
ay hindi ka naging negligent.
Quick Enumeration of Exempting Circumstances
 Imbecility, Insanity (unless that latter acted
during a lucid interval)
(Imbecile – nasa tamang ayos, yung katawan mo was
built accordingly pero yung pag-iisip mo ay nasa pag-
iisip ng isang bata. Insane – baliw)
 A person under 9
 A person over 9 under 15 unless he has acted
within discernment
 Accident
 Uncontrollable fear
 Lawful or Insuperable cause
Imbecility or Insanity
1. An imbecile or an insane person, unless the latter
has acted during a lucid interval.
When the imbecile or an insane person has committed
an act which the law defines as a felony (delito), the
court shall order his confinement in one of the
hospitals or asylums established for persons thus
afflicted, which he shall not be permitted to leave
without first obtaining the permission of the same
court.
Ex. Malaki kang tao and then eventally nakagawa ka ng
isang crime, nanakit ka ng tao seriously papuntang
serious physical injury pero imbecile ka, so how can we
file a case agains you, paano ka nila kakasuhan eh
imbecile ka nga unless you acted during interval which
mean that yung pagkainbecibility mo is depende lang,
may araw na tatami yung pagiging imbecile mo or sa
ibang araw is normal yung pag-iisip mo. Sa insane is
example yung baliw binato ka niya or sinaktan ka niya
at nadala ka sa hospital, alangan kakasuhan mo yung
maliban lang kung acting during lucid interval ibig
sabihin nun yung acts during that time ay naaayon
doon sa tamang pagiisip mo, but if baliw ka foreven in
you entire life then ito ay nasa excepting circumstance
pero the court shall order his confinement in one of the
hospital or asylums established for person thus afflicted,
so ang gagawin nalang is sainyo since you are excepted
from criminal liability so ang gagawin nila is ilalagay ka
sa mga asylums para sa mga gayan mga tao
Minority
2. A person under nine years of age. (Repealed by RA
9344)
Ex. Naglalaro yung anak mo ng baril barilan na under 9
years of age tapos pulis ka yung anak mo di mo nakita
na nakuha niya yung baril na akala niya laru laruan
tapos napress niya yung trigger eventally someone was
hit by the gun then eventually that person suffered in
injuries then you can file a case against minor child who
is 9 year below of age
3. A person over nine years of age and under fifteen,
unless he has acted with discernment, in which case,
such minor shall be proceeded against in accordance
with the provisions of Art. 80 of this Code. (Repealed
by RA 9344)
(acted with discernment, discernment is you know what
is right or wrong. Ex is over 9 ka but under 15 and then
you committed a crime you can still have the defense of
minority but if you acted with discernment example is
nagnakaw ka and alam mo naman na ang pagnanakaw
is mali still they can file a case against you pero kung
hindi mo alam na ang pagnanakaw ay mali then pwede
kang maexcuse pero that is impossible)
Accident
4. Any person who, while performing a lawful act with
due care, causes an injury by mere accident without
fault or intention of causing it.
(yung nagawa mong act is pure accident while
performing a lawful act with due care which means
gumagawa ka ng isang act na tinitignan mong mabuti
na inaalalayan mo naman yung acts mo pero
nagkaroon parin ng injury pero ang sasabihin mo is
really accident kasi wala ka namang intention kaya you
don’t have fault or intention of causing it so you can be
exempted from criminal liability by reason of accident
but if there some damages of it is pwede kang
magbayad ng damages)
Irresistible Force
5. Any person who act under the compulsion of
irresistible force.
(Irresistible force is hindi mo mapakawalan na pwersa,
dahil ang pwersa na ito ay msyadong forceful. Ex is
pwenersa ka ng boss or nakakataas sayo para gawin
ang crime na iyon, so pwennersa ka under the
compulsion of irresistible force kaya nagawa mo yung
act na iyon)
Uncontrollable Fear
6. Any person who acts under the impulse of an
uncontrollable fear of an equal or greater injury
(ginawa yung act due to uncontrollable fear that means
na takot na takot ka, so impulse of uncontrollable fear
equal or greater injury kasi kung hindi mo gagawin is
baka ikaw naman yung masasaktan. Ex is may banta na
binigay sayo at kung hindi mo gagawin yun ikaw yung
sasaktan so depensa mo iyon)
Lawful or Insuperable Cause
7. Any person who fails to perform an act required by
law, when prevented by some lawful insuperable
cause.
(dapat sana sabihin o or gawin mo yung nirerequire ng
batas kaso hindi pwede because of the insuperable
cause. Example is isang criminal pumunta sa isang pari
and then during the confession and he was able to say
that I was the criminal, I the person in charge in killing
that person and as the priest are you going to testify in
court? No because that is your job as a priest to accept
confession so you cannot do that so you are prevented
to some insuperable cause. And this is considered as
exemption.)
Imbecile – a person advanced in age but has a mental
capacity equivalent to that of a child between 2 to 7
years old, which makes him exempted from criminal
liability.
One which exists when there is a complete deprivation
of intelligence in committing the criminal act, that is the
accused is deprived of reason and acts without the least
discernment. (you are insane or wala ka sa tamang
pagiisip kaya nacommit mo yung crime na iyon and
hindi mo yung tama o mali
INSANITY AT THE TIME OF THE COMMISSION OF THE
CRIME vs. INSANITY AT THE TIME OF TRIAL
 Insanity at time of commission of crime =
exempted.(because to don’t have a
voluntariness of your act and you don’t have
the right mind when you committed the crime
 Sane at time of crime but became insane at
time of trial = liable still but trial wil be
suspended.
Discernment- the mental capacity of a minor to
distinguish between right wrong and to fully appreciate
the consequences of his felonious.(nasa tama kang pag-
iisip para malaman mo kung ano ang difference ng right
at wrong and para maappriciate mo yung mga
consequence ng nagawa mong act kung nasa tama ba
yung act mo or mali.
Irresistible force- a force which produces such an effect
upon an individual that, in spite of all resistance, it
reduces him to a mere instrument and as such
incapable of committing a crime (as a result he is
exempted from criminal liability).
(dahil sa sobrang force at nagiging instrument ka lang
sa act na iyon, dahil hindi ka makahindi, and ang
kakasuhan sayo ay yung pumilit sayo para gawin mo
iyong crime)
The exempting circumstance of uncontrollable fear
presupposes that the accused is compelled by means of
threat or intimidation by a third person to commit a
crime (as a result he is exempted from criminal liability).
(merong takot or pananakot coming from a third
person, merong threat sa buhay mo kaya mo nagawa
yung act na iyon)
Lawful or insuperable cause - This refers to some
motive which has lawfully, morally, or physically
prevented one to do what the law commands (as a
result he is exempted from criminal liability).
Ex. You are a priest and then someone confess his sins
to you and those sins eventually has something to do
with the crime just committed and as much as you want
to testify in court against that person you cannot do
that because you are prevented some insuperable or
lawful cause because that is your work as a priest
Absolutory Causes – those where the act of a person is
technically a crime, but because of public policy, there is
no penalty imposed. (parang crime yung ginawa mo
pero because of public policy na sinasabi pero walang
penalty na naimposed doon)
Enumeration of Absolutory causes under the RPC
 Art 247. Death or physical injuries under
exceptional circumstances. (ikaw ay isang nanay
or father and mayroon kang anak na 14 years
old and nahuli mo yung anak mo sa kwarto na
nagkikipagsex sa kanyang boyfriend and
nasaktan mo silang dalawa technically ay
makakasuhan ka doon ng physical injury dahil
nasaktan mo yung anak mo at boyfriend niya
nung nahuli mo silang nagsesex sa kwarto but
because you are the father at normal na
reaction mo yan na magagalit ka kasi nasa
minor age yung anak mo pero under
exceptional circumstance kasi anak mo at sa
bugso ng damdamin mo, dahil sa sobrang galit
mo nagawa mo iyon so that will be considered
as absolutory cause and ang mangyayari sayo
imbes na kasuhan ka ay may penalty ka na
distierro which means na lumayo ka sa lugar na
iyon at least 25 kilometers away na kung saan
naganap yung crime
 Art 280 (3) trespass
 Art 322. Person exempt from criminal liability
 Art 20. Accessories exempted
 Art 6 on spontaneous desistance (before ka na
magattemp ng crime is nag backout ka)
 Instigation – one which takes place when a
peace officer induces a person to commit a
crime. Without the inducement, the crime
would not be committed and it exempts one
from criminal liability (ikaw mismo na tao is
pinilit mo yung isang tao para magcommit ng
crime and yung taong yun is exempted sa
criminal liability)
 Entrapment Instigation  Applies, when all the requisites necessary to justify
1. Ways and means are 2. The intent to violate the act or to exempt from criminal liability ae not
attendant. (hindi lahat ng requisites ng justifying
resorted to for the the law originated from
circumstance ay nandun, may kulang)
purpose of trapping and the accused himself.
 It is considered a privileged mitigating circumstance,
capturing the (pinlitin niya yung isang
provided, majority of the elements required to
lawbreaker in the tao para magcommit ng
justify or exempt are present. (magiging privilege na
execution of his plans crime)
magkaroon ng mitigating circumstance pag
(intrap mo para mahuli)
karamihan doon sa elemento ng isang justifying
1. Here, the police 2. The intent to violate
circumstance or exempting circumstance ay andun)
practically induces the the law did not originate
 But in the case of “incomplete self-defense, defense
accused into the from the accused as he of relatives, and defense of a stranger”, unlawful
commission of the was induced only by the aggression must be present, it being an
offense and he himself police to perform a indispensable requisites.
becomes a co principal criminal act.
in the crime. Minority (Under 18 years old)
3. Not an absolutory 3. An absolutory cause
cause hence does not that - That the offender is under eighteen year of age
exempt from criminal or over seventy years. In the case of the minor,
liability he shall be proceeded against in accordance
with the provision of Art. 80 (Correlate with RA
9344)
Mitigating circumstances - those which if present in the
commission of a crime, do not entirely free the actor LEGAL EFFECTS OF VARIOUS AGES OF OFFENDER
from criminal liability but reduces only the penalty.
15 and below - exempting
(hindi totally mawawala or mafree ka sa crime na
ginawa mo pero yung penalty mo is bababa lang) Privileged mitigating circumstance

Above 15 but under 18 - exempting unless acted with

discernment - But even with discernment, penalty is
reduced by one (1) degree lower than that imposed.
(Art 68, par 2, amended by RA 9344)

ENUMERATETHE MITIGATING CIRCUMSTANCES Minor delinquent under 18 years of age - sentence

suspended (Art 192, PD 603 as amended by PD 1179,
1. Incomplete justifying or exempting circumstance
referred to as Children in Conflict with the Law under
2. Under 18 RA 9344).

3. No intention to commit so grave a wrong (praeter
intentionem)
4. Sufficient provocation or threat
5. Vindication of a grave offense
6. Passion or obfuscation
7. Voluntary surrender/ voluntary confession of guilt
8. Deaf, dumb, blind and other physical defects
9. Illnesses which diminish will power
10. Analogous circumstances.
Child in Conflict with the Law --- refers to a child who is
alleged as, accused of, or being adjudged as, having
committed an offense under Philippine laws.
18 years or over – full criminal responsibility.
70 years over – mitigating, no imposition of death
penalty.
Praeter Intentionem
- That the offender has no intention to commit so
grave a wrong as that committed. (hindi niya
intention na gumawa ng malala kaysa doon sa
nagawa niyang crime)

Rule for the application:

Incomplete justifying or exempting circumstance
- Those mentioned in the preceding chapter, when all
the requisites necessary to justify or to exempt from
criminal liability in the respective cases are not
attendant. ( hindi lahat nung elemento ng justifying
or excempting circumstance ay nandun, kaya
incomplete, pag incomplete kasi ay mababawasan
ang ipaparatang sakanya.)
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.
> Intention may be ascertained by considering:
a. The weapon used
b. The part of the body injured
c. The injury inflicted
d. The manner it is inflicted
Sufficient Provocation or Threat
- That sufficient provocation or threat on the part
of the offended party immediately preceded
the act. PROVOCATION is understood as any
unjust or improper conduct or act of the
offended party, capable of exciting, inciting, or
irritating any one. (kaya nagawa mo kasi nga
siya yung nagprovoke siya yung nag threat kaya
nagawa yung crime, ang ginagwa mo is
pinatulan mo and ofcourse pinatulan mo
syempre may criminal liability sa nangyare pero
pero bababa yung penalty mo kasi hindi galling
sayo yung provocation or threat)
Vindication of Grave Offense
- That the act was committed in the immediate
vindication of a grave offense to the one
committing the felony (delito), his spouse,
ascendants, or relatives by affinity within the
same degrees. (nasaktan yung honor mo or
reputation ng isang tao is reresbak ka doon sa
nanakit sa honor mo )
 This has reference to the honor of a
person. It concerns the good names and
reputation of the individual.(Pp Vs.
Anpar, 37 Phil. 201
 *Lapse of time is allowed between the
vindication and the one doing the
offense(proximate time, not just
immediately after)
Example: Juan caught his wife and his
friend na pumasok sa motel at gumawa
ng kababalaghan and the next day dahil
nachichismis na yung friend ni juan at
kabit ng asawa niya syempre nakakasira
sa imahe ni juan and ang ginawa niya
kinabukasan ay pinagsasasaksak niya
yung friend niya dahill sa ego niya and
then magkakaroon ng mitigating
circumstance.
Passion or Obfuscation
- That of having acted upon an impulse so
powerful as naturally to have produced passion
or obfuscation.
 Si juan nakita niya si tomas na
sinasaktan yung anak niya, so ang
gagawin mo syempre dedepensahan
mo yung anak mo dahil ito yung bugso
ng damdamin mo.
Voluntary Surrender or Voluntary Confession of Guilt
- That the offender had voluntarily surrendered
himself to a person in authority or his agents, or
that he had voluntarily confessed his guilt
before the court prior to the presentation of the
evidence for the prosecution (kapag nag
voluntary surrender ang isang accused doon sa
nagawa niyang crime syempre di mahihirapan
yung mga law enforcers natin kasi yun yung
tinitignan sa mitigating circumstances, ex. Ikaw
yung defense lawyer and nakita mon a medjo
dehado na yung case mo at medjo alam mon a
mahirap lusutan itong case tapos nalaman mon
a nagvoluntary surrender siya, ilalabas mo ito sa
trial ng case para mabilang siya as mitigating
circumstance.
Physical Handicap or Defects
- That the offender deft or dumb, blind or
otherwise suffering some physical defect which
thus restricts his means of action and defense
or communication with his fellow beings.
( bibigya ng court yung accused who is
physically defect imimitigate niya yung penalty)
Illness that Diminished will Power
- Such illness of the offender as would
diminished the exercise of the will-power of the
offender without however depriving him of the
consciousness of his acts. ( meron itong
malalang sakit na minsan nawawala siya sa
tamang pagiisip kaya nagawa niya yung crime.
Analogous Circumstances
- Any other circumstances of a similar nature and
analogous to those above mentioned. (Ex. (1)
impulse of jealousy, similar to passion and
obfuscation. (2) Testifying of the prosecution,
analogous plea guilty. (3) Over 60 years old will
failing sight, similar to over 70 years of age
under par 2.
No Intention to commit so grave a wrong as that
committed
Q: How to determine the lack of grave intention to
commit the offense?
A: Considering the following :
- The weapon used
- Nature of the injury
- Part of the body targeted
Voluntary Surrender
- Must be made to a person in authority or his
agents. (to the law enforcers or to the agent of
the law enforcers)
- A surrender is a voluntary when it is
spontaneous in such a manner that is show the
interest of the accused to surrender voluntarily
 to the authorities either because he
acknowledge his guilt or wishes to save the
authorities the expenses incurred in his search
(bakit mo sila papahirapan na hanapin ka or
papahirapan mga law enforcers natin pra
huntingin ka, so mas madali na sakanila kasi nag
voluntary surrender ka)
Voluntary Confession of guilt/plea of Guilt requisites
- Must be make in open court
- In must be made prior to the presentation of
evidence of the prosecution.
Aggravating Circumstances – are those which if
attendant on the commission of the offense, would
serve to increase the penalty. (if any of the
circumstances will occur then it would increase the
penalty to be given to the accused but not to its
maximum)
The 21 Aggravating Circumstances
1. Advantage of Public Position
2. In contempt or with insult to the public
authorities
3. Disrespect on the rank, age, sex of the offended
party; the crime is committed in the dwelling of
offended party
4. Abuse of confidence or obvious ungratefulness
5. Palace of the chief executive, or in his presence,
or place where authorities discharges their
duties, or place of religious worship.
6. Night time, uninhibited place band
7. On occasion of conflagration, shipwreck etc.
8. Aid of Armed men
9. Recidivist
10. Reiteration
11. Price, Reward or Promise
12. Inundation, fire position, etc.
13. Evident Premeditation
14. Craft, fraud or Disguise
15. Superior strength or means weaken defense
16. Treachery
17. Ignominy
18. Unlawful Entry
19. Wall, roof, floor be broken
20. Aid of persons under 15, motor vehicle
21. Cruelty
Distinction between Mitigating and Aggravating
Circumstances
Mitigating Aggravating
Includes analogous Exclusive to the curtail
circumstances showing discretion of the judge to
liberality of the law in determine what other
favor of the accused circumstances may
increase the penalty
may lower the penalty by increase the penalty to
degrees the maximum
a matter of defense Must be alleged in the
which does not alleged information before they
the information can be appreciated in
court.
Taking advantage of public position
 That the advantage be taken by the offender of
his public position
- (ginawa mo yung crime by taking of advange of
your public position. EX “did the accsued abuse
his office in order to commit the crime? “ – if
your answer is yes then this circumstances is
present. It considered present when the
offender falsifies a document in connection
with the duties of his office ( doon sa crime na
nacommit like falsification of the public
document and ginamit niya yung public position
in order to falsify the document then that is
aggravating circumstance na pwedeng tataas
yung penalty doon sa falsification case
- Ex. The accused use his service firearm to
shoot the victim should not be considered as
taking advantage of public position. For such
to be considered aggravating, the public
official must use the influence, prestige, and
ascendancy which his office gives him in
realizing his purpose (PP vs. Amion) (meron
siyang naissue na service firearm and yun yung
ginamit niya sa pagbaril doon sa victim, “it is
considered in taking advange in public
position?” ang sabi is hindi, ang taking advange
in order for that crime to be aggravated ginamit
mo yung public official, yung influence, yung
position na meron siya over sa pagawa niya sa
crime na iyon, para marealize niya at macommit
niya yung crime na iyon.
Contempt of Authorities
 That the crime be committed on contempt or
with insult to the public authorities. (Publlic
authorities this are persons like public school
teachers, municipal health officers, nuses,
municipal councilor, etc.
Requisites:
- The public authority is engaged in the discharge
of his duties.
- Offender knows the identity of the public
authority
- The crime was committed in his presence ( it
must not be against the person in authority for
then the crime whould be direct assult and this
circumstances will be being inherent there in)
alam mon a nadun yung mga public authorities
and yet you committed a crime, so parang
napakainsulting as a public authority.
Public Authority
  Covers not only person in authority but also
agents of person in authority and other public
officer (Rodrigez, 19 Phil. 50)
 Public School Teacher is now considered a
person in authority (Under CA 578 amending
Art. 152)
 Also Town Municipal Health Officer or a nurse
 Municipal Councilors
 Agent of the Bureau of Internal Revenue
Disregard of rank, age, sex and dwelling of victim
- That the act be committed with insult or in
disregard of the respect due the offended party
on account of his rank, age, or sex, or that is be
committed in the dwelling of the offended
party, if the latter has not given provocation.
Age, Sex, Rank and Dwelling
- There must be PROOF that the offender
deliberately intended to offend or insult the
victim. Thus circumstances cannot co-exist with
passion and obfuscation because here the
offender lost his control or reason
- RANK- should be given a plain, ordinanry
meaning hence refer to high social position or
standing
- DWELLING include denpendencies, staircase
and enclosures under the house. Not
necessarily the house be owned by the
offended. It is exclusively used for rest or
comfort.
Abuse of Confidence or Obvious Ungratefullness
- That the act be committed with abuse of
confidence or obvious ungratefulness.
Requisites:
 Offended has trusted the offender
(dahil sa sobrang pagtitiwala inabuso
iyon)
 Offender abused of confidence
facilitated commission of the crime (ex
meron kang kaibigan na super trusted
mo kasi kilala mo siya at matagal na
kayong magkakilala pero one day
pinagnakawan ka niya)
Note: the confidence between parties must be
immediatel and personal.
Palace of President, public places or those dediated to
worship
- That the crime be committed in the place of the
Chief Executive or in his presence or in his
presence, or where public authorities are
engaged in the discharge or their duties, or in
place dedicated to religious worship. (ex.
Ginawa yung crime sa president palace)
Night time, unhibited place and Band
- That the crime be committed in the night time ,
or in an uninhabited place, or by a band,
whenever such circumstances may facilitate the
commission of the offense. (innitend mo yung
gabi para magawa mo yung krimen, kasi kung
baka sa araw ay makikita ka)
Unihibited Place - one where there are no houses or
where the houses are scattered at a great distance from
each other . (ex. Rarapin mo siya so ang gagawin mo is
ipupunta mo siy sa lugar na walang kabahay bahay, you
intented to use that uninhibited place in order for you
to commit the crime)
Band - whenever more than three armed malefactors
shall have acted together in the commission of an
offense, it shall be deemed to have been committed by
band. (ex. Yung apat na magkakaibigan at kung ano man
ang armas nila na pwedeng gamitin so they committed
a crime, ninakawan nila yung 7/11)
Q: When is night time, uninhibited place and band
aggravating?
A:
1. When the offender took advantage thereof for
the purpose of impunity
2. When specially sought for by the crime
3. When it facilitated the commission of the crime
Taking advantage of calamity, disaster
- That the crime be committed on the occasion of
a conflagration, shipwreck, earthquake,
epidemic or other calamity or misfortune.
(ginamit mo yung calamity para nakaawan yung
mga banks, you took the advantage of calamity
and disaster to commit a crime)
Aid of Armed men
- That the crime be committed with the aid of
armed men or person who insure or afford
impunity. ( para magawaa yung crime is
nagpatulong ka sa ibang tao and yung mga
taong iyon ay meron silang mga armas or para
mainsure na magawa yung crime is kumuha ka
with the aid or armed men)
Recidivsm
- That the accused is aa residivist
- Recidivist – one who at the time of his trial for
one crime, shall have been previously convicted
by final judgment of another crime embraced
on the same title of the Revised Penal Code.
Requisites:
1. That the offender is on trial for an offense
2. That he was previously convicted by final
judgement of another crime
 3. That both the first and the second offense are
embraced in the same title of the Code.
4. That the offender is convicted of the new
offense.
“nagtritrial siya sa nagawaa niyang crime pero
convicted na pala siya sa dating crime na nagawa niya
pero embraced sila sa same title of the code”
Reiteracion or Habituality
- That the offender has been previously punish by
an offense to which the law attached an equal
or greater penalty or for two or more crimes to
which it attaches a ligher penalty.
Requisites:
1. That the accused is on trial for an offense
2. That he previously served sentenced for
another offense to which the law attached an
equal or greater pernalty or for two or more
crimes to which it attached ligher penalty than
that for the new offense.
3. That he is convicted of the new offense.
“Reiteracion mean paulit ulit nalang siya, pwedeng
gumawa siya ngayon and yung penalty niya pwedeng
the same sa nagawa niyang crime noon. Yung mga
crime na nagawa niya are not embraced in the same
title of the revised penal code means paiba ibang crimes
under different title of the revised penal code”
Four Forms of Repetition / 4 Repetitous Offenders
1. Recidivism - one who at the time of his trial for
one crime, shall have been previously
convocted by final judgment of another crime
embraced in the same title of the Revised Penal
Code.
2. Reiteracion or Habituality – He is an offender
who has been previously punished for. An
offense to which the law attaches an equal or
greater penalty for two or more crime in which
it attaches a ligher penalty.
3. Multi-Recidivism or Habitual Delinquency –
within a ten years the aacused is convicted of
robbery, theft, estafa, falsification, serious or
less serious physical injuries is found guilty of
any of the said crime ofr the third time or
oftener.
4. Quasi- Residivism – a person after having been
convicted shall commit another felony while
serving his sentence.
Recidivism and Reiteracion
1. Reitaracion – Must have served out his
sentence for the first conviction; previous and
subsequent offense must not be embraced
within the same title of the RPC.
2. Recidivism – only final judgment is needed and
both offenses must be embraced within the
same title of the RPC.
3. Quasi-Recidivism – is a person shall commit a
felony having been convicted by final judgment
for an offense before beginning the service of
such sentence or while serving the same.
Price, Reward or Promise
- That the crime be committed in considereation
of a price, reward or promise.
Fire, Poison and other great wasres and ruins
- The the crime be committed by means of
inundation, fire, poison, explosion, stranding of
a vessel or international damage thereto,
derailment of a locomotive, or by the use of any
other artifice involving great waste and ruin.
(EX. Para siguradong mapatay mo siya yung
kanyang food nilagyan mo ng poison)
Evident Premeditation
- That the act be committed with evidence
premeditation (Pre means bago meditation
means pinagplanuhan ng mabuti.)
- it involves a determination to commit the crime
prior to the moment of its execution and also to
carry out the criminal intent which must be the
result of deliberate, calculated and reflective
thoughts through a period of time sufficient to
dispassionately consider and accept the
consequences thereof indicating greater
perversity. (deliberately and calculated and
nagreflect ka sa mga thoughts mo,
pinagplanuhan bago mo ginawa yung crime)
Q: What are the requisites of evident premeditation?
A:
1. The time when the offender determined to commit
the crime;
2. An act manifestly indicating that the culprit has clung
to his determination;
3. A sufficient lapse of time between the determination
and execution, to allow him to reflect upon the
consequences of his act and to allow his conscience to
overcome the resolution of his will.
Craft, Fruad, Disguise
- That the craft, fraud or disguise be employed.
CRAFT- is a circumstance characterized by trickery or
cunning resorted to by the accused, to carry out his
design. It is the use of intellectual trickery and cunning
on the part of the accused.
"ASTUCIA" – latin term of craft
FRAUD- insidious words or machinations used to induce - "ESCALAMIENTO" – latin word of unlawful
the victim to act in a manner which would enable the entry
offender to carry out his design.
Broken wall, roof, floor or window
"FRAUDE" – latin word of fraud
- That as a means to the commission of the crime
DISGUISE- it involves the deliberate effort of the a wall, roof, floor, door, or window be broken.
accused to conceal his identity in the commission of the (ex. bangko pinasabog yung pader in order to
crime. commit the crime)

"DISFRAZ" - latin word of disguise Help of person under age, motor vehicle

Advantage of superior strength, weakening of defense - That the crime be committed with the aid of
persons under fifteen years of age or by means
- That advantage be taken of superior strength,
of motor vehicles, motorized watercraft,
or mean be employed to weaken the defense.
airships, or other similar means.
(ginamit mo yung strength, mas malakas kaysa
sa victim mo. Or weakening of the defense, Cruuelty
since alam mo na baka matatalo ka so ang
- that the wrong done in he commission of the
ginawa mo nilasing mo muna siya bago pinatay)
crime be deliberately augmented by causing
Treachery or Alevosia other wrong not necessary for its commissions
- a circumstance whereby the offender enjoys
- That the act be committed with treachery or
and delights in making his victim suffer slowly
Alevosia
and gradually, causing him unnecessary physical
- There is treachery when the offender commits
pain in the consummation of his criminal act.
any of the crimes against the person, employing
(iniisa isa mo yung mga body parts na tanggalin)
means, methods or forms in the execution
- "ENSANAMIENTO" – latin word of cruelty.
thereof which tend directly and specially to
insure its execution, without risk to himself
arising from the defense which the offended
AID OF PERSONS WHO INSURE OR AFFORD IMPUNITY -
party might make. (method or a means para
maexecute mo directly yung gusto mong Q: Robber X and Robber Y robbed a certain village upon
magawa. Treachery or alevosia is yung offender the assurance of the baranggay tanod that they would
di na niya madedepensahan yung sarili niya. Ex. not patrol the village on that night. What aggravating
papatayin mo na nga yung isang tao syempre circumstance is present?
alangan naman na kapag papatayin mo yung
isang tao is bibigyan mo ng chance yung sarili A: Aid of persons who insure impunity (because
niya symerpe hindi) tumulong yun barangay tanod para magawa yung
crime)
Igonominy
FOUR KINDS OF AGGRAVATING CIRCUMSTANCE
- Tha means be employed or circumstances
brought about which add ignominy to the • Generic- generally applies to all crimes.
natural effects of the act. • Inherent- that must necessarily accompany the
- is a circumstance pertaining to the moral order, commission of a crime
which adds disgrace and obloquy to the
material injury caused by the crime. It is a • Qualifying- that which changes the nature of the
circumstance that tends to make the effects of crime
the crime more humiliating, thus adding to the • Specific- Those that apply only to a particular crime.
victim's moral sufferings. (ex. nirape mo na siya,
nung nirape mo ofcourse you use your sexual
organs pero ang ginamit mo is bote)

Unlawful Entry

- that the crime be committed after an lawful

entry
- it means na hindi yun yung pasukan so in order
to commit the crime is yung ginamit mong
pasukan is yung bintana.
- there is unlawful entry when an entrance is
affected by a way not intended for the purpose.