3.
That the act is performed or the omission
CLIMINAL LAW BOOK 1
Applications.
• ART. 2 - Except as provided in the treatise and
laws of preferential applications, xxx shall
enforced not only ion the Philippine
Archipelago, including its atmosphere, its
interior waters and maritime zone, but also
outside of its jurisdiction against those who:
• 1. Should commit an offense while in the
Philippine Ship or airship;
• 2. Should forge or counterfeit any coin or
currency note of the Philippine Islands or
obligations and securities issued by the Gov’t.
Of the Philippines.
• 3. Should be liable for acts connected with the
introduction into these islands of the
obligations and securities mentioned in the
preceding number;
• 4. while being public officers or employees,
should commit an offense in the exercise of
their functions; or
• 5 should commit any of the crimes against
national security and the law of nations, defined
in Title One of Book Two of this Code.
FELOPNIES AND CIRCUMSTANCES WHICH
AFFECT CRIMINAL LIABILITY.
• Definitions
Acts and omissions punishable by the Revised
Penal Code.
• ELEMENTS OF FELONIES.
1. That there must be an act or omission.
2. That the act or omission must be punishable
by the RPC.
incurred by means of dolo or culpa.
• Dolus is equivalent to malice, which is the
intent to do an injury to another.
• Fault or culpa, committed unconsciously and
quite unintentionally, there exist another,
performed without malice.
reasons why the act or omission in felonies
must be voluntary.
Free will – reason that RPC is based on the
Classical theory.
The felonies by dolo, the act is performed with
deliberate intent which must necessarily be
voluntary; felonies by culpa, the imprudence
consists in voluntarily, but without malice.
REQUISITES OF DOLO OR MALICE.
1. He must have FREEDOM while doing an act or
omitting to do an act.
2. He must have INTELLEGENCE while doing the
act or omitting to do the act.
3. He must have INTENT while doing the act or
omitting to do an act.
Mala in se and mala prohibita, distinguished.
• Crimes mala in se are those so serious in their
effects on society as to call for almost
unanimous condemnation of its members;
while mala prohibita are violations of mere
rules of convenience designed to secure a more
orderly regulations of the affairs of society.
• In acts mala in se, the intent governs; but in
those mala prohibita, the only inquiry is, has the
law been violated?
• The term mala in se refers generally to
felonies defined and penalized by the RPC; ex.
Murder, rape, homicide. When the acts are
inherently immoral, they are mala in se. The
term mala prohibita, refers generally to acts
made criminal by special laws, ex. RA 9165.
CRIMINAL LIABILITY.
1. Error in personae
2. Mistake in the blow (aberratio ictus)
3. The injurious result is greater than that
intended (praeter intentionem).
REQUISITES;
• In order that a person may held criminally
liable for a felony different from that which he
intended to commit, the following requisites
must present:
1. That an intentional felony has been
committed.
2. That the wrong done to the aggrieved party
be the direct natural and logical consequence of
the felony committed by the offender
(Proximate cause must be existed).
Impossible Crime
• 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 of its accomplishment or on
account of the employment of inadequate or
ineffectual means.
Requisites of Impossible Crime:
1. That the act performed would be an against
persons or property.
2. That the act was done with an evil intent.
3. That its accomplishment is inherently
impossible, or that the means employed is
either inadequate or ineffectual.
Consummated, frustrated, and Attempted.
Consummated necessary for its are present.
– when all execution and The elements
accomplishment 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.
Attempted Felony
• Attempted Felony – when the offender
commences the commission of a felony directly
by overt acts, and does not perform all the acts
of execution which should produce the felony
by reason of some cause or accident other than
his spontaneous desistance.
• Attempted FelonELEMENTS:
1. The offender commences the commission of
the felony directly by overt acts.
2. He does not perform all the acts of execution
which should produce felony;
3. The offender’s act is not stopped by his own
spontaneous desistance;
4. The non- performance of all the acts of
execution was due to cause or accident other
than jis spontaneous desistance.
Frustrated Felony.
ELEMENTS:
1. The offender performs all the acts of
execution.
2. All the acts performed would produce the
felony as a consequences
3. But the felony is not produced.
4. By reason of causes independent of the will
of the perpetrator.
CONSUMMATED FELONY
• Important Words and Phrases.
“all the elements” necessary for its execution
and accomplishment “are present”.
In consummated felony, all the
elements necessary for its execution
and accomplishment must be present. Every
crime has its own elements which all be present
to constitute a culpable violation of a precept of
law.
LIGHTS FELONIES
General Rule: Punishable only when they have
been consummated.
Exception: Light FELONIES COMMITTED
AGAINST PERSONS OR PROPERTY, ARE
PUNISHABLE EVEN IF ATTEMPTED OR
FRUSTRATED.
CONSPIRACY
General rule: conspiracy an proposal to commit
felony are not punishable.
Exception; they which the law therefor are
punishable only in specially provides a case in
penalty
Requisites
1. That the two or more persons came to an
agreement.
2. That the agreement concerned the
commission of a felony
3. That the execution of the felony be decide
upon.
The Elements of Conspiracy
1. Agreement presupposes meeting of the
minds of two or more persons.
2. The agreement must refer to the commission
of the crime. It must be agreement to act, to
effect to bring about what has already been
conceived and determined.
3. The conspirators have made up their minds
to commit the crime. There must be a
determination to commit the crime of treason,
rebellion or sedition.
Quantum of Proof.
• A conspiracy must be established by positive
and conclusive evidence. It must be shown to
exist clearly and convincingly as
the commission of the crime itself.
Mere presence of a person at the scene of the
crime does not make him a conspirator
for conspiracy transcends companionship.
GRAVE FELONIES, LESS GRAVE FELONIES AND
LIGHT FELONIES.
1. Grave Felonies – are those to which the law
attaches the capital punishment or penalties
which in which in any of their period are
afflictive, in accordance with Art. 25 of the RPC.
2. Less Grave Felonies – are those which the law
punishes with penalties which their maxi mum
period are correctional.
3. Light felonies are those infractions of law for
the commission of which the penalty of arresto
menor or a fine not exceeding 200 pesos, or
both , is provided.
Justifying Circumstances.
Justifying Circumstances are those acts of a
person which are said to be in accordance with
law, so that such person is deemed not have
transgressed the law and is free from both
criminal and civil liability, except in the case of
Par. 4 of Art. 11.
What are the justifying circumstances under
Art. 11 of RPC.
1. Self- defense
2. Defense of Relatives
3. Defense of Stranger
4. Avoidance of Greater Evil or injury.
5. Fulfillment of Duty or lawful exercise of right
or office
6. Obedience to an Order issued for some lawful
purpose.
Effect.
Person acting with justifying circumstances is
not criminal as there is no crime committed.
Except in par. 4
Imputability - is the quality by which an act may
be ascribed to a person as its author or owner.
It implies that the act committed has been
freely and consciously done and may, therefore,
be put down to the doer as his very own.
RESPONSIBILTY – is the obligation of suffering
consequences of crime. It is the obligation of
taking the penal and civil consequences of the
crime.
Imputability vs. Responsibilty
Imputability implies that a deed may be
imputed to a person, while responsibility
implies that the person must take consequence
of such deed.
Self defense.
• The following requisites must be present.
1. Unlawful aggression (condition sine qua non).
2. Reasonable necessity of the means employed
to prevent or repel it.
3. Lack of sufficient provocation on the part of
the person defending himself.
What is unlawful aggression?
• Is equivalent to assault or at least threatened
assault of an immediate and imminent kind
(People vs Alconga). There is unlawful
aggression when the peril to one’s life, limb or
right is either actual or imminent. There must
be actual physical force or actual use of
weapon.
• Note: it must be real not imaginary.
Can there be unlawful aggression when the
aggressor flees? NO. when the unlawful
aggression which has begun no longer exist,
because the aggressor ran away, the one
making a defense has no more right to kill or
even to wound the former aggressor.
When should unlawful aggression be present?
To be appreciated, unlawful aggression must be
a continuing circumstance or must have been
existing at the time of the defense is made.
Unlawful aggression by the victim is a
primordial element of self defense. Without it,
there can be no self defense, complete or
incomplete.
What is the test of reasonableness of the means
used?
Will depend upon the nature and quality of the
weapon used by the aggressor, his physical
condition, character, size and
other circumstances, and those
of the person defending himself,
and also the place and occasion of the assault.
Lack of sufficient provocation.
• It pertains to absence of sufficient provocation
on the part of the person defending himself.
The word “sufficient” means adequate to excite
a person to commit a wrong and must
accordingly be proportionate to its gravity.
Doctrine of “stand ground when in right”
The rule states that where the accused he has
the right to be, the law does not require him to
retreat when his assailant is rapidly advancing
with a deadly weapon.
Lack of sufficient provocation.
1. When no provocation at all was given to the
aggressor by the person defending himself.
2. When, even if a provocation was given, it was
not sufficient
3. When even if the provocation was sufficient,
it was given by the person defending himself
4. When, even if a provocation was given by the
person defending himself, it was not proximate
and immediate to the act of aggression.
What rights are included in self-defense?
Self-defense includes not only the defense of
the person or body of the one assault but also
of his rights, the enjoyment of which is
protected by law. It also include the to honor
and the right to defend one’s property.
Defense of Relative
Requisites:
1. Unlawful aggression
2. Reasonable necessity of the means employed
to prevent or repel it.
3. In case the provocation was given by the
person attacked, the one making the defense
had no part therein.
Who are the relative that can be defended
1. Spouse
2. Ascendants 3. Descendants
4. Legitimate, natural or adopted brothers or
sisters or his relatives by affinity in the same
degree
5. Relatives by consanguinity within the 4th civil
degree.
Defense of stranger.
• Requisites:
1 unlawful aggression
2 Reasonable necessity of the means employed
to prevent or repel it.
3. The person defending was not induced by
revenge, resentment or other evil motive.
Who are deemed stranger in defense of a
stranger?
Any person not include relatives mention in
considered stranger.
in the enumeration of
par.2 of Art. 11
Avoidance of Greater evil or injury.
The following elements must be present.
1. That the evil sought to be avoided actually
exist.
2. That the injury feared be greater than that
done to avoid.
3. There be no other practical and less harmful
means of preventing it.
Fulfillment of duy or lawful Exercise of right or
office.
1. The accused acted in the performance of a
duty or in the lawful exercise of right or office.
2. The injury caused or the offense committed
be the necessary consequence of the due
performance of duty or the lawful exercise of
such right or office .
Doctrine of Self-help.
The doctrine states that the owner or lawful
possessor of a thing has the right to exclude any
person from the enjoyment and disposal
thereof. For this purpose, he may use such force
as may be reasonably necessary to repel or
prevent an actual or threatened unlawful
physical invasion or usurpation of his property.
Obedience to an order issued for some lawful
purpose.
1. An order has been issued by a superior.
2. Such order must be for some lawful purpose
3. The means used by the subordinate to carry
out said order is lawful.
Exempting Circumstances
The following are the exempting circumstances
under the RPC.
1. Imbecility
2. Minority
3. Accident without fault or intention of causing
it.
4. Irresistible force.
5. Uncontrollable fear. 6. Insuperable cause.
Effect of exempting circumstances.
The accused is technically committing a crime
bur because of the presence of any of the
exempting circumstances, the said accused is
not criminally liable because there is complete
absence of any of the conditions which
constitutes free will or voluntariness of the act.
In simplier terms, there is a crime but no
criminal.
Imbecility or insanity.
Imbecility is the condition of a person who,
while advance of age, has a metal development
comparable to that of children between 2 to 7
years old with an IQ between 20 to 50.
Insanity exist when there is a complete
deprivation of intelligence or freedom of the at
the time of the commission of the crime.
Who has the burden of proof to showing
insanity?
The defense must prove that the accused was
insane at the time of the commission of the
crime, because the presumption is always in
favor of sanity.
2 test of insanity.
1. Test of Cognition – which determines if there
is a complete deprivation of intelligence on the
part of the accused at the time
2. Test of volition – which determines if there is
a total deprivation of freedom of will in the
accused when he committed the crime.
Minority.
WHO IS THE CHILD?
A chid is a person under 18 y/o of age (RA 9344)
Who is a child in conflict with the law?
A child with the conflict with the law is a child
who is alleged as, accused of, or adjudged as,
having committed an offense under Philippines
law.
What is the minimum age of criminal
responsibility?
A child above fifteen (15) years but below
eighteen (18) years of age shall be exempt from
criminal liability unless he/she acted
discerment.
Rationale under R.A. No. 9344
• In providing the exemption, the new law
presumes that the minor offenders completely
lack of intelligence to distinguish right from
wrong, so that their acts are deemed
involuntary ones for which they cannot be held
liable. It considers the ages 9 to 15 years as
formative years and gives minors of these ages
a chance to right their wrong through diversion
and intervention measures. Accident without
fault or intention of causing it.
Requisites:
1. Person performing a lawful act; 2. With due
care
3. He causes injury to another by mere accident
4. Without fault or intention of causing.
Accident vs. Negligence.
An accident is a fortuitous circumstances, event
or happening; an event happening without any
human agency, or if happening wholly or partly
through human agency, an event which under
circumstances is unusual or expected by the to
whom it represents.
Negligence s the failure to observe, for the
protection of the interest of another person,
that degree of care, precaution and vigilance
which the circumstances justly demand without
which such other persons suffers injury.
Accident and negligence are intrinsically
contradictory ; one cannot exist with the other .
IRRESISTIBLE FORCE. The following are the Insuperable cause to be an exempting
requisites. circumstance.

1. That the compulsion is by means of physical This exempting circumstances implies

force.
2. That the physical force must irresistible
3. That the physiacal force must come from a
third person.
knowledge of the precept of the law to be
complied with on the part of a person who is
prevented by some lawful or insuperable cause,
that is, by some motive which has lawfully,
morally or physically prevented one to do what
the law commands.

When the force considered irresistible?

MITIGATING CIRCUMSTANCES.
It must produce such an effect upon the
The following are the mitigating circumstances
individual that, in spite of all resistance, it
under the RPC, to wit:
reduce him to a mere instrument and, as such,
incapable of committing the crime. 1. Incomplete justifying circumstances.

2. When the offender is over 15 y/o but under

Uncontrollable Fear.
The following are the requisites.
1. The existence of an uncontrollable fear. 2.
That the fear must be real and imminent
3. The fear of an injury is greater than or at least
equal to that committed.
18 y/o who acted with discernment or when he
is over 70 y/o
3. Lack of intention to commit so grave a wrong
as that committed.
4. Sufficient provocation or threat on the part of
the offended party.
5. Vindication of grave offense. 6. Passion or
obfuscation

Irresistible vs. uncontrollable fear. 7. Voluntary surrender or voluntary confession

of guilt. 8. Physical defect of offender
In irresistible force, the offender uses violence
or physical force to compel another person to 9. Illness of offender diminishing will-power.
commit a crime; while in uncontrollable fear,
10. other similar reasons or analogous
the offender employs intimidation or threat in
circumstance.
compelling another to commit a crime.

Insuperable Cause.
Classes of Mitigating circumstances.
THE FOLLOWING ARE THE REQUISITES.
The classes of mitigating circumstances are: 1.
1. That an act is required by law to be done. 2.
Ordinary Mitigating
That the person fails to perform such act
2. Privileged Mitigating.
3. That his failure to perform such act was due
to some lawful or insuperable.
Ordinary Mitigating are susceptible of being
offset by any aggravating circumstances; if not
offset, it produces only the effect of applying
the penalty provided by law for the crime in its
minimum period, in case the penalty is divisible.
Privileged mitigating Circumstances, on the
other hand, cannot be offset by aggravating
circumstances and it produces the effect of
imposing upon the offender the penalty lower
by one or two degrees than that provided by
law for the crime. Ordinary Mitigating
Circumstances are those enumerated under Art.
13 of the PRC, while privileged mitigating
circumstances can be found in different
provisions of the same code.
adopted brothers or sisters or relatives by
affinity in the same degree.
2. That the felony is committed in immediate
vindication of such grave offense.
Passion or Obfuscation.
The following are the requisites.
1. That there be an act, both sufficient to
produce such a mind.
2. That said act which produced the obfuscation
was not far removed from the commission of
the crime by a considerable length of time.

What is diversion? 3. The act causing such obfuscation

was committed by the victim himself.
It refers to an alternative, child –appropriate
process of determining the resposibility and
treatment of a child in conflict with the law on
Surrender and Confession of Guilt.
the basis of his/her social, cultural, economic,
psychosocial, or educational background The following are the requisites:
without resulting to formal court proceedings.
1. Offender has not been actually arrested.

2. The offender surrendered himself to a person

Sufficient Provocation or Threat.
The following are the requisites: 1. Provocation
must be sufficient.
2. It must originate from the offended party
3. The provocation must be immediate to the
act .
Provocation- is any unjust or improper conduct
or act of the offended party, or act of the
offended party, capable of exciting, inciting or
irritating any one.
in authority or to the latter’s agent.
3. Surrender was voluntary.
For surrender to be considered voluntary, it
must be spontaneous in such a manner that it
shows the interest of the accused to surrender
unconditionally to the authorities, either
because he acknowledged his guilt or because
he wishes to save them the trouble and
expenses necessarily in his search an capture.
Requisites for the “voluntary plea of guilty”

Vindication of Grave Offense.

The requisites of voluntary plea of guilty are the
The following are the requisites.
following.
1. That there be a grave offense done to the
1. That the offender spontaneously confessed
one committing the felony, his spouse,
his guilt.
ascendants, descendants, legitimate, natural or
2. That the confession of guilt was made in open
court.
3. That the confession of guilt was made prior
to the presentation of evidence for the
prosecution.
Physical defect of the offender.
Physical defect is such as causing the offender’s
mans to act, defend himself or communicate
with his fellow beings to be limited.
Requisites:
1. That the illness of the offender must diminish
the exercise of his will-power.
2. That such illness should not deprive the
offender of consciousness of his acts.
Aggravating Circumstances.
Are those which, if attendant in the commission
of the crime, serve to increase the penalty
without however, exceeding the maximum of
the penalty provided by law for the offense.
Basis:
1. Motivating power itself 2) the place of
commission 3) the means and ways employed
4) the time 5) the personal circumstances of the
offender, or of the offended party.
Kinds of Aggravating Circumstances.
1. Generic 2. Specific 3. Qualifying 4. Inherent 5.
Specia
The following are the generic aggravating
circumstances.
1. Place where crime committed. 2. Unlawful
entry.
3. Nighttime, uninhabited place, or band 4.
Contempt or insult of public authority. 5.
Habituality
6. ADVANTAGE TAKEN OF PUBLIC POSITION. 7.
Recidivism
8. Crime committed in the dwelling of the
offended part. 9. Craft, fraud, or disguise.
10. Abuse of confidence or obvious
ungratefulness. 11. Breaking of parts of the
house.
12. Use of persons under 15 years of age.
Specific Aggravating circumstances - are those
that can only apply to particular crimes.
QUALIFYING AGGRAVATING – are those that
change then nature of the crime.
Inherent aggravating Circumstances – are those
which arise under special conditions
Special Aggravating Circumstances – are those
which arise under the special conditions to
increase the penalty of the offense and cannot
be offset by mitigating circumstances.
Taking advantage of public position.
It is required that the public officer must use the
influence, prestige or ascendancy which his
office gives him as the means by which he
realizes his purpose.
Basis: this is based on the greater perversity of
the offender, as shown by the personal
circumstances of the offender and also by the
means used to secure the commission of the
crime.
Committed in contempt or insult oto the public
authorities.
• Requisites: It includes dependencies, the foot of the
staircase and enclosure under the house.
1. That the public authority is engaged in the
exercise of his functions Dependencies are those which are contiguous
to the building or edifice, having an interior
2. That the public authority is not the person entrance connected therewith, a which form
against whom the crime is committed. part of the whole dwelling.
3. The offender knows him to be a public
authority.
Abuse of confidence and obvious
4. His presence has not prevented the offender ungratefulness.
from committing the criminal act.

On account of his rank, age, sex, or that it

committed in the dwelling. The requisites of abuse of confidence:

• Ranks – means the designation or title of

distinction used to fix the relative position of
the offended party in reference to others 1. That the offended party had trusted the
offender.
• Age – may refer to old age or the tender age
of the victim. 2. That the offender abuse such trust by
committing a crime against the offended party.
• Sex refers to the female sex, not to the male
sex.
That the abuse of confidence facilitated the
commission of the crime.
Commission of crime in One’s dwelling.

• The following circumstances aggravate the

commission of the crime in one’s dwelling. In what crimes is “abuse of confidence”
inherent?
1. The abuse of confidence which the offended
party reposed in the offender by opening the The following felonies abuse of confidence is
door to him. inherent:

2. The violation of the sanctity of the home by 1. Malversation2. Qualified 3. Estafa 4. Qualified
trespassing therein with violence or against the theft.
will of the owner.

seduction.
Definition of dwelling.
The requisites for the “obvious ungratefulness”

The following are the requisites:

Dwelling is a building or structure, exclusively
1. That the offended party had trusted the
used for rest and comfort.
offender.
2. That the offender abused such committing a
crime against the party; and
trust by offended
3. That the act be committed with obvious
ungratefulness.
Palace and places of commission of offense.
Basis:
It is based on the greater perversity of the
offender as shown by the place of the
commission of the crime, which must be
respected.
Night, uninhabitable place, or band
Based on time and place of the commission of
the crime and means and ways employed.
Requisites:
1. When it facilitated the commission of the
crime.
2. When especially sought for by the offender to
insure the commission of the crime of for the
purpose of impunity.
3. When the offender took advantage thereof
for the purpose of impunity.
Definition
Nighttime- is that period of darkness beginning
at end of dusk and ending at dawn. Nights are
sunset to sunrise.
Uninhabited place or despoblado – is one where
there are no house at all; a place at a
considerable distance from town, or where the
houses are scattered at a great distance from
each other.
Band or en cuadrilla – whenever more than
three armed malefactors shall have acted
together in the commission of an offense.
On occasion of calamity or misfortune.
Basis: in the midst of a great calamity, the
offender, instead of lending aid to the afflicted,
adds to their sufferings by taking advantage of
their misfortune to despoil.
Aid of armed men.
Requisites:
1. That the armed men or the commission of
the indirectly.
persons crimetook part in directly or That the
accused availed himself relied upon them
when the committed. of their aid crime
was
Recidivist
Who is recidivist?
Recidivist is one who, at the time of his trial for
one crime, shall have been previously convicted
by final judgment of one crime embraced in the
same title of the RPC.
Requisites:
1. That the offender is on trial for an offense.
2. That he was previously convicted by final
judgment of another crime.
3. That both the first and the second offenses
are embraced in the same title of the code.
4. That the offender is convicted of the new
offense.
REITERACION OR HABITUALITY The requisites
are the following:
1. That the accused is on trial for an offense.
2. That he previously served sentence for
another offense to which the law attaches an
(not the penalty actually imposed).
a) Equal
b) Greater penalty
c) For two or more crimes to which it attaches a
lighter penalty than that for the new offense.
3. That he convicted of the ne offense.
What are the four forms of repetition.
1. Recidivism 2. Reiteracion3. Multi-recidivism
or habitual delinquency. 4. Quasi- recidivism.
Price, Reward or Promise.
This is based on the greater perversity of the
offender, as shown by the motivating power.
To consider this circumstance, the price, reward
or promise must be the primary reason or
primordial motive for the commission of the
crime.
By means of Inundiation, fire, etc.
It is based on the means and ways employed.
As contrast to committed on occasion of a
calamity or misfortune, the crime is committed
by means of any of such acts involving great
waste or ruin, whereas, in one occasion of a
conflagration, shipwreck, etc. the crime is
committed on the occasion of a calamity or
misfortune.
Evident Premeditation
Implies a deliberate planning of the act before
executing it.
The execution of the criminal is preceded by
cool thought and reflection upon resolution to
carry out the criminal intent within a space of
time sufficient to arrive at a calm judgment .
Requisites.
1. The time when the offender determined to
commit the crime.
2. An act manifestly indicating that the culprit
has clung to his determination
3. 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, fraud, or Disguise.
• The basis has reference to he means to the
means employed in the commission of the
crime.
Craft or astucia – involves the use of intellectual
trickery or cunning on the part of the accused to
aid the execution of his criminal design.
Fraud- is the employment of insidious words or
machinations to induce the victim to act in a
manner which would enable the offender to
carry out his design.
Disguise – involves resorting to any device to
conceal identity.
Abuse Superior Strength.
It means to deliberately use excessive out of
proportion to the means for available to the
person attacked.
force that is self-defense
When to considered aggravating?
It is considered whenever there is notorious
inequality of forces between the victim and the
aggressor, assessing a superiority of strength
notoriously advantageous for the aggressor
which is selected or taken advantage of by him
in the commission of the crime.
Means employed to weaken defense.
It means the offender employs means that
materially weakens the resisting power of the
offended party.
Treachery
Requisites:
1. That at the time of the attack, the victim was
not in a position to defend himself.
2. That the offender consciously adopted the
particular means, method or form of attack
employed by him.
When is there treachery?
Treachery is present when the offender
commits any crimes against 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.
Ignominy
• It is a circumstances pertaining to the moral
order, which adds disgrace and obloquy to the
material injury caused by the crime.
Applicable to the following crimes: 1. Crimes
against chastity
2. Less serious physical injury 3. Light or grave
coercion
4. Murder.
Unlawful Entry.
There is unlawful entry when the entrance is
effected by a way not intended for the purpose
Breaking the wall, roof, floor, door or window.
To be considered as aggravating, the breaking
must be utilized as a means to the commission
of the crime. However it is necessary that the
offender should have entered the building.
What aggravates the liability of he offender is
the breaking of a part of a building.
Aid of persons under 15 years old
The law tends to repress, so far as possible, the
frequent practice resorted to by professional
criminals to avail themselves of minors taking
advantage of their irresponsibly.
By means of motor vehicles, airship, or similar
means.
• The law intends to counteract the great
facilities found by modern criminals in said
means to commit crime and flee and abscond
once the same committed
• The used of motor vehicle, etc. is aggravating
when the accused used it in going to the place
of the crime, in carrying away the effects
thereof, and in facilitating their escape.

Cruelty.
There is cruelty when the culprit enjoys and
delights in making his victim suffer slowly and
gradually, causing unnecessary physical pain in
the consummation of the criminal act
Requisites:
1. That the injury caused deliberately increased
by causing other wrong.
2. That the other wrong be unnecessary for the
execution of the purpose of the offender.
Alternative circumstances.
Alternative circumstances are those which must
be taken into consideration as aggravating or
mitigating according to the nature and effects of
the crime and other conditions attending its
commission, the alternative circumstance are:
1. Relationship 2. Intoxication
3. Degree of instruction and education of the
offender.
Absolutory Cause.
Absolutory cause are those where committed is
a crime but for reasons policy and sentiment
there is no Imposed.
the act of public
penalty.
Instigation vs. Entrapment.
1. In instigation, the instigator induces the
would be accused into the commission of the
offense and himself becomes a co-principal;
while entrapment, ways and means are
resorted to for the purpose of trapping and
capturing the lawbreaker in the execution of his
criminal plan. Entrapment is no bar to
prosecution and conviction of the law breaker
but in the case of instigation, the accused must
acquitted.
What are the three kinds of principals.
• There are three kinds of Principals. 1. Principal
by direct participation
Principal by Direct Participation.
A person taking part in the commission of a
crime is considered a principal by direct
participation if the following requisites are
present:
1. Participated in the criminal resolution
Principal by inducement.
Requisites:
1. That the inducement be made directly with
the intention of procuring the commission of
the crime.
2. That such inducement be the determining
cause of the commission of the crime by
material executor.
Principals by indispensable Cooperation.
The following are the requisites in person
may be considered as
indispensable cooperation.
order that a principal by
1. Participation in the criminal resolution, that c. Harboring, concealing or assisting in the
is, there is either anterior conspiracy or unity of escape of the principal of the crime, provided
criminal purpose and intention immediately the accessory acts with abuse of his public
before the commission of the crime charged. function.

2. Cooperation in the commission of the offense

by performing another act, without which it
would not have been accomplished. Penalties.

Penalty – is the suffering that is inflicted by the

Accomplices.
An accomplice is a person who, not acting as
principal, cooperate in the execution of the
offense by previous and simultaneous acts,
which are not indispensable to the commission
of the crime.
state for the transgression of a law.
The following are the theories justifying penalty.
1. prevention.
2. Self-defense 3. Reformation 4. Exemplarity 5.
Justice.

Requisites:
Classification
1. There must be community of design
Principal Penalty.
2. He cooperates in the execution of the offense
a. Capital punishment (death)
by previous or simultaneous acts.
b. Afflictive penalties (reclusion
3. There must be a relation between the acts
perpetua, reclusion temporal, perpetual
done by the principal and those attributed to
or temporal absolute disqualification,
the person charged as accomplice.
perpetual or temporary special
disqualification, prision mayor)

Accessory. c. Correctional penalties (prision correccional,

arresto mayor, suspension, destierro).

Accessories are those who:

Accessory Penalties.
1. Having knowledge of the commission o the
crime a. Perpetual or temporary
absolute disqualification.
2. Without having participated therein
either as principal or accomplices, b. Perpetual or temporary special
take part subsequent to its commission in any disqualification
of the following manners.
c. Suspension from public office, the right to
a. By profiting themselves assisting the offender vote and be voted for, the profession or calling
to profit by the effects of the crime.
d. Indemnification
b. By concealing or destroying the body, effects
e. Forfeiture or confiscation of instruments and
or instruments of the crime to prevent its
proceeds of the offense.
discovery.

Duration and effect
3. Prision mayor and temporary disqualification:
6 years and 1 day to 12 years.
4. Prision Correcional , suspension and destierro
-6 mos. And 1 day to 6 years.
5. Arresto Mayor – 1 mo and 1 day to 6 mos. 6.
Arresto Menor – 1 day to 30 days.
more than six (6) months and 1 day and/or fine
of more than one thousand pesos.
• 4. who have been once on probation under
the provision of this decree.
• Who are already serving sentence at the time
the substantive provisions of this decree
became applicable pursuant to section 33.
Period of Probation –2 years.

Modification and extinction of Criminal Liability.

Execution of Service.
Total Extinction of Criminal Liability.
Judgment and conviction become final;
1. Death of the convict.
1. After the lapse of the period of the perfecting
an appeal. (15 days). 2. Service of the sentence.

2. If the convicts recovers his reason, his 3. Amnesty.

sentence shall be executed unless the penalty
has already prescribed. 4. Absolut Pardon

4. Despite the existence of insanity or 5. Prescription crime

imbecility, the payment of civil or pecuniary
6. Prescription of Penalty.
liabilities shall not be suspended.
7. Marriage of the offended woman under Art.
Probation
344 of the RPC.
Probation is a disposition under which the
defendant, after conviction and sentence, is
released subject to the conditions imposedby Partial Extinction.
the court and to the supervision of a probation
officer. A probationer is a person placed on 1. Conditional Pardon
probation. Probation Officer means one who
investigates for the court a referral for 2. Commutation of Sentence
probation or supervises a probationer or both.
3. Allowances for good conduct.
Disqualification.

1. Sentenced to serve a maximum term

Periods of Prescription.
imprisonment of more than six (6) years.
2. Other afflictive penalties – 15 years 3.
2. Convicted of any crime against the security of
Correctional penalties – 10 years
the state.
4. Arresto mayor – 5 years
3. Who have previously been convicted final
judgment of an offense 5. Libel and similar Offenses – 1 year
punished by imprisonment of
6. Oral defamation or slander by deed – 6 mos. 4. Both do not extinguish civil liability.
7. Light offenses – 2 mos.
5. Pardon is a private act of the President, while
amnesty is a Proclamation of the Chief
Executive with the concurrence of congress.
What are the rules on the computation of
prescription of offenses?

1. The period of prescription shall commence to

run from the day on which the crime is
discovered by the offended party, the
authorities, or their agents.

2. It is interrupted by the filing of the complaint

or information.

3. It shall commence to run

again when such proceedings
terminate without the accused being convicted
or acquitted, or are unjustifiably stopped for
any reason not imputable to him.

4. The term prescription shall not run when the

offender is absent from the Philippines.

PARDON

Pardon is an act of grace proceeding from the

power entrusted with the execution of the laws
which exempts the individual on who, it is
bestowed from the punishment the law inflicts
for the crime he has committed.

Pardon vs. Amnesty.

1. Pardon it includes any crime and is exercised

individually by the President, while in amnesty
covers to classes of persons or communities
guilty of political offenses.

2. Pardon will grant after conviction. While

amnesty before trial or investigation.

3. Pardon, it looks forward and merely relieves

from the consequences of an offense. While in
amnesty it looks backward and abolishes and
puts into oblivion the offense itself.