POINTERS FOR MIDTERM EXAMS IN CRIMINAL LAW 1

ANSWER THE FOLLOWING QUESTIONS

1. Define Criminal Law.

- Branch of public substantive law which defines crimes, treats of their nature and
provides for their punishment. It is a public law because it deals with the relation
of the individual with the State.

2. What is a crime?
- The generic term used to refer to a wrongdoing punished either under the RPC or
under the special law (Ortega); an act committed or omitted in violation of a
public law forbidding or commanding it.

3. Define Felony.
- A crime punished under the RPC.

4. Define Offense.
- A crime punished under the special law.

5. Define Misdemeanor.
- A minor infraction of law.

6. What are the different schools of thought or theories in Criminal Law?

1. Classical or Juristic Theory
a. The basis of criminal liability is human free will and the purpose of the
penalty is retribution
b. Man is essentially a moral creature with an absolutely free will to choose
between good and evil thereby placing more stress upon the effect or result of
the felonious act than upon the man, the criminal himself.
c. It has been endeavored to establish a mechanical and direct proportion
between crime and penalty.

2. Positivist or Realistic Theory

a. Man is subdued occasionally by a strange and forbid phenomenon which
constrains him to do wrong, in spite of or contrary to his volition.
b. The crime is essentially a social and natural phenomenon and as such it cannot
be treated and checked by applying law and jurisprudence nor by imposition
of a punishment, fixed and determined a priori.
c. The purpose of penalty is reformation.
3. Eclectic or Mixed Theory – a combination of both classical and positive theories. Our
Code is considered eclectic (i.e., the age of the offender is taken into consideration,
intoxication of the offender in order is considered a mitigating circumstance unless it
is habitual or intentional)

7. What are the rules on construction of penal laws?

1. French Rule
 - Crimes committed aboard a vessel within the territorial waters of a country are
NOT triable in the courts of said country.

2. English Rule
- Crimes committed aboard a vessel within the territorial waters of a country are
triable in the courts of such country.

8. What are the three (3) general characteristics of criminal laws?

i. Generality
ii. Territoriality
iii. Prospectivity

9. Discuss the Principle of Generality in criminal law and Enumerate its recognized
exceptions.
Principle of Generality – it is binding on all persons who live or sojourn in the Philippine
territory, regardless of nationality, gender, or other personal circumstances.

Exceptions:
1. Treaty Stipulations
Under the RP–US Visiting Forces Agreement, which was signed on February 10, 1998, the
Philippines agreed that:
a. US shall have the right to exercise within the philippines all criminal and
disciplinary jurisdiction conferred on them by the military law of the US over
US personnel in RP;
b. US exercises exclusive jurisdiction over US military personnel with regard to
offenses relating the security of the US punishable under the law of US, but
not under the laws of RP;
c. US shall have primary right to exercise jurisdiction over US military in
relation to:
i. Offenses solely against the property or security if the US or offenses solely against the
property or person of US personnel;
ii. Offenses arising out of any act or mission done in performance of official duty.

2. Warship Rule – a warship of another country even though docked in the Philippines is
considered as an extension of the territory of their respective country. Same rule applies
to foreign embassies in the Philippines. Philippine warship and embassies abroad are
deemed extra-territories of the Philippines.
3. Principles of Public International Law
The following persons are exempted: (SCAM2)
a. Sovereigns and other heads of state
b. Chargesd’affaires
c. Ambassadors
d. Ministers plenipotentiary
e. Ministers resident
Consuls, vice-consuls and other commercial representatives of foreign nations cannot
claim the privileges and immunities accorded to ambassadors and ministers.
 10. What is the Principle of Territoriality in criminal law?

Principle of Territoriality - means that penal laws of the Philippines are enforceable only
within its territory.

11. What are the exceptions to the principle of territoriality?

Exceptions:
1. RPC shall not be enforced within or outside the Philippine territories if so provided under:
a. Treaties; or
b. Laws of Preferential Application
2. Extraterritoriality – refers to the application of the Revised Penal Code outside the
Philippine territory. Extraterritorial Crimes (Art. 2, RPC) enforceable
even outside Philippine territory against those who:
a. Should commit an offense while on Philippine ship or airship.
b. Should forge or counterfeit any coin or currency note of the Philippines or obligations
and securities issued by the government.
c. Should introduce into the country the abovementioned obligations and securities
d. While being public officers or employees, should commit an offense in the exercise of
their functions
e. Should commit any of the crimes against national security and the law of nations defined
in Title One of Book Two.

12. That is the rule on prospectivity of penal laws?

General Rule: Penal laws cannot make an act punishable in a manner in which it was not
punishable when committed.

13.What is the exception to the rule that penal laws shall be applied only prospectively and
not retroactively?

Exception: It may be applied retroactively when the new law is favorable to the accused.

Exceptions to the Exception:

1. The new law is expressly made inapplicable to pending actions or

existing causes of actions.
2. Offender is a habitual criminal
14. What are the classifications of felony according to the means by which they are
committed?
 A. Intentional felonies – the act is performed or the omission is incurred with
deliberate intent or malice to do an injury.
B. Culpable felonies – performed without malice.

15. What are the elements of a felony?

Elements of Felonies (General):
1. There must be an act or omission i.e., there must be external acts.
a. Act – any bodily movement tending to produce some effect in the external
world. It must be external as internal acts are beyond the sphere of penal law.
b. Omission – is inaction or the failure to perform a positive duty required by
law.
2. The act or omission must be punishable by the RPC. Based upon the maxim,
“nullumcrimen, nullapoena sine lege.”
3. The act is performed or the omission is incurred, by means of dolo(malice) or culpa
(fault). The act or omission must be voluntary.

16. Distinguish Intentional Felony from a culpable felony?

Distinction between Intentional Felony and Cupable Felony:

Intentional Felony
1. Act is malicious
2. With deliberate intent
3. Has intention to cause injury

Culpable Felony
1. Not Malicous
2. Injury caused is unintentional being incident of another act performed without malice.
3. Wrongful act results from imprudence, negligence, lack of foresight or lack of skill.
17. What are the elements of an intentional felony?
Requisites of DOLO or MALICE (FII):
a. Freedom
b. Intelligence
c. Intent
18. What are the elements of culpable felony?
Requisites of CULPA (FIN):
a. Freedom
b. Intelligence
c. Negligence, imprudence, lack of foresight, or lack of skill

19. Distinguish imprudence from negligence?

Distinction between Imprudence and Negligence:
Negligence
- indicates a deficiency of perception; failure to pay proper attention and to use
diligence in foreseeing the injury or damage impending to be caused; usually
involves lack of foresight.
 Imprudence
- indicates a deficiency of action; failure to take the necessary precaution to
avoid injury to person or damage to property; usually involves lack of skill.

20. What do you mean by “Honest Mistake of Fact”?

- It is a misapprehension of fact on the part of the person causing injury to
another. Such person is NOT criminally liable as he acted without criminal
intent (Ignorantia facti excusat).
- An honest mistake of fact destroys the presumption of criminal intent which
arises upon the commission of a felonious act.
- Honest Mistake of fact is NOT applicable in CULPABLE felonies.

21. When is criminally liability incurred under Article 4 of the Revised Penal Code?
1. That an intentional felony has been committed.
There is no Intentional Felony:
A. When the act or omission is not punishable by RPC; or
B. When the act is covered by any of the justifying circumstances in Art. 11 of
RPC.
Act or omission should not be punished by a special law because the offender violating a special
law may not have the intent to do any injury to another. In such case, the wrongful act done
could not be different, as the offender did not intend to do any other injury
2. That the wrong done to the aggrieved party be the direct, natural and logical
consequence of the felony committed.

22. What is a Proximate Cause?

- It is that cause, which, in the natural and continuous sequence, unbroken by
any efficient intervening cause, produces the injury, and without which the
result would not have occurred.

23. What is an Efficient Intervening Cause?

- It is the cause which interrupted the natural flow of events leading to one’s
death.

24. What are the effects of an intervening disease?

- This may relieve the offender from liability.

25. What are the elements of criminal liability for a felony different from that intended to
be committed?
Requisites:
1. That an intentional felony has been committed.
There is no Intentional Felony:
a. When the act or omission is not punishable by RPC; or
b. When the act is covered by any of the justifying circumstances in Art. 11 of RPC.
Act or omission should not be punished by a special law because the offender violating a special
law may not have the intent to do any injury to another. In such case, the wrongful act done
could not be different, as the offender did not intend to do any other injury.
2. That the wrong done to the aggrieved party be the direct, natural and logical consequence of
the felony committed.

26. What are the other instances when a person will still be criminally liable although the
wrongful act he did is different from that which he intended?
A. Error in Personae
B. Aberratio Ictus
C. Praeter Intentionem

27. What do you mean by Error in personnae?

Error In Personae - mistake in the identity of the victim
28. What do you mean by Abberatio Ictus?
Aberratio Ictus – mistake in the blow
29. What do you mean by Praeter Intentionem?
Praeter Intentionem - Injurious result is greater than that intended
30. What are the elements of an impossible crime under Art. 4 (2) RPC?

Requisites: (PEIN)
a. That the act performed would be an offense against persons or property;
b. That the act was done with evil intent;
c. That its accomplishment is inherently impossible, or that the means employed is
either inadequate or ineffectual; and
d. That the act performed should NOT constitute a violation of another provision of
the RPC

31. What are the kinds of impossibilities that make a crime an impossible crime?

a.Legal impossibility – where the intended acts, even if completed would not amount to
a crime.

b.Physical impossibility – When extraneous circumstances unknown to the actor or

beyond his control prevent the consummation of the intended crime.

32. What are the felonies against persons and felonies agains property?
Felonies against persons are: (MHPI-DRAP)
 a. Murder (Art. 248)
b. Homicide (Art 249)
c. Parricide (Art. 246)
d. Infanticide (Art 255)
e. Duel (Arts 260 and 261)
f. Rape (Art. 266-A)
g. Abortion (Arts. 256, 257, 258 and 259)
h. Physical Injuries (Arts 262, 263, 264, 265 and 266)

Felonies against property are: (BRUCT-SCAM)

1. Robbery (Arts. 294, 297, 298, 299, 300, 302 and 303)
2. Brigandage (Arts. 306 and 307)
3. Theft (Arts. 308, 310, and 311)
4. Asurpation (Arts. 312 and 313)
5. Culpable Insolvency (Art. 314)
6. Swindling and other deceits (Arts. 315, 316, 317 and 318)
7. Chattel Mortgage (Art. 319)
8. Arson and other crimes involving destruction (Arts. 320, 321, 322, 323, 324, 325, and
326)
9. Malicious Mischief (Arts. 327, 328, 329, 330 and 321)

33. What is the penalty for the commission of an impossible crime?

- Under Article 59, the penalty for impossible crimes is arresto mayor or a fine
ranging from 200-500 pesos.

34. What is the purpose of law for punishing impossible crime?

Purpose of punishing impossible crimes: To suppress criminal propensity or criminal
tendencies.
35. What are the manners in committing a crime?
Formal Crimes or Crimes of Effect
- These are felonies which by a single act of the accused consummates the
offense as a matter of law (i.e. physical injuries, acts of lasciviousness,
attempted flight to an enemy country, coercion, slander, illegal exaction).
Material Crimes
- These are crimes which involve the three stages of execution. (Attempted,
Frustrated, Consummated)

36. What are the stages of execution of a material crime?

Stages of Execution Material Crime:
a. Consummated Felony
b. Frustrated Felony
c. Attempted Felony
37. Briefly discuss the stages of execution?
a. Consummated felony
- When all the elements necessary for its execution and accomplishment are
present.

b. Frustrated Felony
Elements:
a. The offender performs all the acts of execution
b. All the acts performed would produce the felony as a consequence; (belief of
accused as to whether or not he had performed all acts of execution is immaterial)
c. But the felony is not produced; and
d. By reason of causes independent of the will of the perpetrator.
3. Attempted Felony
Elements:
a. The offender commences the commission of the felony directly by overt acts;
b. He does not perform all the acts of execution which should produce the
felony;
c. He is not stopped by his own spontaneous desistance; and
d. The non-performance of all acts of execution was due to a cause or accident
other than the offender’s own spontaneous desistance.

38. What is an overt act?

a. These are some physical activity or deed, indicating intention to commit a
particular crime.
b. More than a mere planning or preparation, which if carried to its complete
termination following its natural course, without being frustrated by external
obstacles, nor by voluntary desistance of the perpetrator will logically ripen into a
concrete offense.

39. When is the commission of a felony deemed commenced directly by over acts?
Felony is deemed commenced by overt acts when he following are present:
a. That there be external acts;
b. Such external acts have direct connection with the crime intended to be committed.

40. What are Justifying Circumstances?

- Those where the act of a person is said to be in accordance with law, so that
such person is deemed not to have transgressed the law and is free from both
criminal and civil liability. There is no civil liability, except in par. 4 of Art.
11 where the civil liability is borne by the persons benefited by the act.

41. Enumerate the Justifying Circumstances under the Revised Penal Code Book 1
The following do not incur any criminal liability:
 1. Anyone who acts in defense of his person or rights, provided that the following
circumstances concure;
a.) Unlawful aggression.
b.) Reasonable necessity of the means employed to prevent or repel it.
c.) Lack of sufficient provocation on the part of the person defending himself.

2. Any one who acts in defense of the person or rights of his spouse, ascendants,
descendants, or legitimate, natural or adopted brothers or sisters, or his relatives by
affinity in the same degrees and those consanguinity within the fourth civil degree,
provided that the first and second requisites prescribed in the next preceding
circumstance are present, and the further requisite, in case the revocation was given by
the person attacked, that the one making defense had no part therein.

3. Anyone who acts in defense of the person or rights of a stranger, provided that the first
and second requisites mentioned in the first circumstance of this Article are present and
that the person defending be not induced by revenge, resentment, or other evil motive.

4. Any person who, in order to avoid an evil or injury, does not act which causes damage
to another, provided that the following requisites are present;
a.) That the evil sought to be avoided actually exists;
b.) That the injury feared be greater than that done to avoid it;
c.) That there be no other practical and less harmful means of preventing it.

5. Any person who acts in the fulfillment of a duty or in the lawful exercise of a right or
office.

6. Any person who acts in obedience to an order issued by a superior for some lawful
purpose.

42. What are the requirements for self-defense to be a justifying circumstance?

a.) Unlawful aggression
b.) Reasonable necessity of the means employed to prevent or repel it.
c.) Lack of sufficient provocation on the part of the person defending himself.

43. What do your mean by Exempting Circumstances?

- Those grounds for exemption from punishment, because there is wanting in
the agent of the crime any of the conditions which makes the act voluntary, or
negligent.
- There is a crime but NO criminal.
- The burden of proof to prove the existence of an exempting circumstance lies
with the defense.

44. Enumerate the Exempting Circumstances under the Revised Penal Code Book 1?
 Circumstances which exempt from criminal liability. – the following are exempt
from criminal liability
1. An imbecile or an insane person, unless the latter has acted during a lucid interval.
2. A person under nine years 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.
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.
5. Any person who act under the compulsion of irresistible force.
6. Any person who acts under the impulse of an uncontrollable fear of an equal or greater injury.
7. Any person who fails to perform an act required by law, when prevented by some lawful
insuperable cause
45. What do you mean by Mitigating Circumstances?
- Those which if present in the commission of the crime, do not entirely free the
actor from criminal liability, but serve only to reduce the penalty.

46. What are the difference between Justifying Circumstances and Exempting
Circumstances?
Distinction between Justifying Circumstances and Exempting Circumstances

Justifying Circumstances
1. It affects the act not the actor.
2. The act is considered to have been done within the bounds of law; hence, legitimate
and lawful in the eyes of the law.
3. Since the act is considered lawful, there is no crime.
4. No crime, no criminal , no criminal liability , no civil liability
5. Contemplates unintentional acts and hence, are incompatible with dolo

Exempting Circumstances
1. It affects the actor not the act.
2. The act complained of is ctually wrongful, but the actor is not liable.
3. Since the act complained of is actually wrong there is a crime but since the actor
acted without voluntariness, there is no dolo nor culpa.
4. There is a crime, no criminal, no criminal liability , there is civil liability
5. May be invoked in culpable felonies

47. Enumerate the Mitigating Circumstances under the Revised Penal Code Book 1.
Mitigating circumstances. – The following are mitigating circumstances;
 1. 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.

2. That the offender is under eighteen year of age or over seventy years. In
the case of the minor, he shall be proceeded against in accordance with the provisions of
Art. 80.

3. That the offender had no intention to commit so grave a wrong as that committed.
4. That sufficient provocation or threat on the part of the offended party immediately
preceded the act.

5. 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.

6. That of having acted upon an impulse so powerful as naturally to have produced

passion or obfuscation.

7. That the offender had voluntarily surrendered himself to a person in authority or his
agents, or that he had voluntarily confessed his guilt before the court prior to the
presentation of the evidence for the prosecution;

8. That the offender is deaf and dumb, blind or otherwise suffering some physical defect
which thus restricts his means of action, defense, or communications with his fellow
beings.

9. Such illness of the offender as would diminish the exercise of the willpower without
however depriving him of the conciousness of his acts.

10. And finally, any other circumstances of a similar nature and analogous to those above
mentioned.

48. What do you mean by Aggravating Circumstances?

- Those which, if attendant in the commission of the crime, serve to have the
penalty imposed in its maximum period provided by law for the offense or
change the nature of the crime

49. Enumerate the Aggravating Circumstances under the Revised Penal Code Book 1.
Aggravating circumstances.
— The following are aggravating circumstances :

1. That advantage be taken by the offender of his public position.

2. That the crime be committed in contempt of or with insult to the public authorities.
3. That the act be committed with insult or in disregard of the respect due to the
offended party on account of his rank, age, or sex, or that it be committed in the
dwelling of the offended party, if the latter has not given provocation.

4. That the act be committed with abuse of confidence or obvious ungratefulness.

5. That the crime be committed in the palace of the Chief Executive, or in his presence,
or where public authorities are engaged in the discharge of their duties, or in a place
dedicated to religious worship.

6. That the crime be committed in the nighttime, or in an uninhabited place, or by a

band, whenever such circumstances may facilitate the commission of the offense.
Whenever more than three armed malefactors shall have acted together in the
commission of an offense it shall be deemed to have been committed by a band.

7. That the crime be committed on the occasion of a conflagration, shipwreck,

earthquake, epidemic or other calamity or misfortune.

8. That the crime be committed with the aid of armed men or persons who insure or
afford impunity.

9. That the accused is a recidivist. A recidivist is one who, at the time of his trial for
one crime, shall have been previously convicted by final judgment of another crime
embraced in the same title of this Code.

10. That the offender has been previously punished for an offense to which the law
attaches an equal or greater penalty or for two or more crimes to which it attaches a
lighter penalty.

11. That the crime be committed in consideration of a price, reward, or promise.

12. That the crime be committed by means of inundation, fire, poison, explosion,
stranding of a vessel or intentional damage thereto, derailment of a locomotive, or by
the use of any other artifice involving great waste and ruin.

13. That the act be committed with evident premeditation.

14. That craft, fraud, or disguise be employed.

15. That advantage be taken of superior strength, or means be employed to weaken the
defense.

16. That the act be committed with treachery (alevosia).

17. That means be employed or circumstances brought about which add ignominy to
the natural effects of the act.
 18. That the crime be committed after an unlawful entry.
There is an unlawful entry when an entrance is effected by a way not intended for the
purpose.

19. That as a means to the commission of a crime a wall, roof, floor, door, or window
be broken.

20. That the crime be committed with the aid of persons under fifteen years of age or
by means of motor vehicles, airships, or other similar means.

21. That the wrong done in the commission of the crime be deliberately augmented by
causing other wrong not necessary for its commission.

50. What are the different kinds of Aggravating Circumstances?

Kinds of aggravating circumstances:

1. Generic – those that can generally apply to all crimes found under subparagraphs
1,2,3 (dwelling), 4, 5, 6, 9, 10, 14, 18, 19, 20 except “by means of motor vehicle” (12).

2. Specific – those which apply only to specific crimes, such as ignominy in crimes
against chastity and cruelty and treachery which are applicable only to crimes against
persons found under subparagraphs 3 (except dwelling), 15, 16, 17 and 21.

3. Qualifying – those that change the nature of the crime.

4. Inherent – those which of necessity accompany the commission of the crime,

therefore not considered in increasing the penalty to be imposed.
5. Special – those which arise under special conditions to increase the penalty of the
offense and cannot be offset by mitigating circumstances
51. What are the four forms of repetition?
Four forms of repitition:

1. Recidivism – Where a person, on separate occasions, is convicted of two offenses

embraced in the same title in the RPC.

2. Reiteracion or Habituality – Where the offender has been previously punished for an
offense to which the law attaches an equal or greater penalty or for two crimes to which it
attaches a lighter penalty.
3. Multi-recidivism or Habitual Delinquency – Where a person within a period of ten
years from the date of his release or last conviction of the crimes of serious or less serious
physical injuries, robbery, theft, estafa or falsification, is found guilty of the said crimes a
third time or ooftene.

4. Quasi-recidivism – Where a person commits felony before beginning to serve or while

serving sentence on a previous conviction for a felony.

52. What do you mean by Alternative Circumstances?

- Those which must be taken into consideration as aggravating or mitigating
according to the nature and effects of the crime and the other conditions
attending its commission.
53. Enumerate the Alternative Circumstances?

Art. 15. Their concept. Alternative circumstances are those which must be taken into
consideration as aggravating or mitigating according to the nature and effects of the
crime and the other conditions attending its commission. They are the relationship,
intoxication and the degree of instruction and education of the offender.

The alternative circumstance of relationship shall be taken into consideration when the
offended party in the spouse, ascendant, descendant, legitimate, natural, or adopted
brother or sister, or relative by affinity in the same degrees of the offender.

The intoxication of the offender shall be taken into consideration as a mitigating

circumstances when the offender has committed a felony in a state of intoxication, if
the same is not habitual or subsequent to the plan to commit said felony but when the
intoxication is habitual or intentional, it shall be considered as an aggravating
circumstance.

54. Who are Persons Criminally liable?

a. ) Principal
b. ) Accomplice
c. ) Accessories

55. What are the three kinds of Principals?

a. ) Principal by Direct Participation
b. ) Principal by Inducement
c. ) Principal by Indispensable Cooperation

56. Briefly discuss each Principal.

a. ) Principal by Direct Participation
- Those who take a direct part in the execution of the act.

b. ) Principal by Inducement
- Those who directly force or induce others to commit it.
 c. ) Principal by Indispensable Cooperation
- Those who cooperate in the commission of the offense by another act without
which it would not have been accomplished.

57. What are the requisites in order that a person may be considered as a principal by direct
participation?
Requisites of Principal by Direct Participation:
1. That they participated in the criminal resolution; and
2. That they carried out their plan and personally took part in its execution by acts
which directly tended to the same end.
58. What is the criminal liability of a person directly participating in a crime where no
conspiracy exists in the performance of the unlawful act?
- Accomplice
59. What are the requisites in order that a person may be considered as principal by
inducement?
Requisites of Principal by Inducement:
1. That the inducement be made directly with the intention of procuring the
commission of the crime; and
2. That such inducement be the determining cause of the commission of the crime by
the material executor.

60. What are the two ways for a person to become a principal by inducement?
Two ways of becoming principal by induction:
1.) By directly forcing another to commit a crime by:
a. ) Using irresistible force
b. ) Uncontrollable fear

2.) By directly inducing another to commit a crime by :

a.) Giving of price, or offering of reward or promise
b.) Using words of command

61. `by indispensable cooperation?

Requisites of Principal by Indispensable Cooperation:
1. Participation in the criminal resolution, that is, there is either anterior conspiracy or
unity of criminal purpose and intention immediately before the commission of the
crime charged; and
a. Requires participation in the criminal resolution
b. There must be conspiracy
c. Concurrence is sufficient
d. Cooperation is indispensable

2. Cooperation in the commission of the offense by performing another act, without

which it would not have been accomplished.
a. Cooperation must be indispensable
b. If dispensable, accused is only an accomplice
 c. If cooperation is necessary in the execution of the offense, accused is
considered as a principal by direct participation.

62. When is there an individual criminal responsibility?

- In the absence of any previous conspiracy, unity of criminal purpose and
intention immediately before the commission of the crime, or community of
criminal design, the criminal responsibility arising from different acts directed
against one and the same person is individual and not collective, and each of
the participants is liable only for the act committed by him

63. Who is an accomplice?

Accomplices
- They are persons who, not acting as principals, cooperate in the execution of
the offense by previous and simultaneous acts, which are not indispensable to
the commission of the crime. They act as mere instruments who perform acts
not essential to the perpetration of the offense.

64. What are the requisites in order for one to be considered as an accomplice?
Requisites of Accomplice:
1. That there be community of design; that is, knowing the criminal design of the
principal by direct participation, he concurs with the latter’s purpose; mere knowledge
of the criminal resolution only and not concurrence or participation.

2. That he cooperates in the execution of the offense by previous or simultaneous acts,

with the intention of supplying material or moral aid in the execution of the crime in an
efficacious way; and

3. That there be a relation between the acts done by the principal and those attributed to
the person charged as an accomplice.

65. Who are accessories?

Accessories
They are those who:
1. Having knowledge of the commission of the crime; and
2. Without having participated therein either as principals or accomplices, take part
subsequent to its commission in any of the following acts:

a. By profiting themselves or assisting the offender to profit by the effects of the crime.
In profiting by the effects of the crime, the accessory must receive the property from
the principal. He should not take it without the consent of the principal. If he took it
without the consent of the principal, he is not an accessory but a principal in the crime
of theft. Knowledge of the commission of the crime after acquisition of stolen property
is sufficient.

b. By concealing or destroying the body, effects or instruments of the crime to prevent

its discovery.
 66. Who are the persons that can be held criminally liable in grave and less grave felonies?
How about light felonies?
For grave and less grave felonies:
1. Principals
2. Accomplices
3. Accessories

For light felonies:

1. Principals
2. Accomplices

67. Distinguish an accomplice from a conspirator.

Distinction between Accomplice and Conspirator:

1. Accomplice
a. They come to know about it after the principals have reached the decision, and only
then do they agree to cooperate in its execution.

b. They are merely instruments who perform acts not essential to the perpetration of the
offense.

2.Conspirator
a. They come to know the criminal intention because they themselves have decided
upon such course of action.

b. They are the authors of a crime.

68. When is there conspiracy? Enumerate the requisites for the existence of conspiracy.
Conspiracy
- It exists when two or more persons come to an agreement concerning the
commission of a felony and decide to commit it. agreement may be oral or
written, express or implied.

Requisites of Conspiracy:

1. That 2 or more persons came to an agreement;

2. That the agreement pertains to the commission of a felony; and
3. That the execution of the felony was decided upon.

69. When is there proposal to commit felony? What are the elements required for its
existence?
Proposal to Commit a Felony
- It is when the person who has decided to commit a felony proposes its
execution to some other person or persons.
 Requisites of Proposal:

1. That a person has decided to commit a felony (Decision); and

2. That he proposes its execution to some other person or persons (Proposal).

70. Are conspiracy and proposal to commit felony punishable? Are there any exceptions to
the rule?
General Rule: When conspiracy is established, all who participated therein,
irrespective of the quantity or quality of his participation is liable equally, whether
conspiracy is pre-planned or instantaneous.

Exception: Unless one or some of the conspirators committed some other crime which
is not part of the intended crime.

Exception to the Exception: When the act constitutes a “single indivisible offense.”

71. When is there implied conspiracy?

Doctrine of Implied Conspiracy
- Conspiracy may be inferred if it is proven that two or more persons aimed
their acts towards the accomplishment of the same unlawful object, each
doing a part so that their acts although apparently independent were in fact
connected and cooperative, thus indicating a closeness of personal association
and a concurrence of sentiment.
- It is enough that at the time of the commission of the offense, the offenders
acted in concert, each doing his part to fulfill their common design. There is
unity of purpose and unity in the execution of the offense.

72. What is the liability of a conspirator for acts performed by his co-conspirators before
he joined the conspiracy?
- If the conspirators commit it, say, treason, they will be held liable for treason,
and the conspiracy which they had before committing treason is only a
manner of incurring criminal liability, not treated as a separate offense.
Conspiracy is not treated as a separate offense but used to determine the
liability of the offenders. In conspiracy, the act of one is the act of all.
73. What are the classification of penalties based on their severity or gravity?
A. Capital
B. Afflictive
C. Correctional
D. Light

74. What are the classification of penalties based on their nature?

1. Principal penalties – those expressly imposed by the court in the judgment of
conviction. May be further classified based on divisibility.

a.Divisible – are those that have fixed duration and are divisible into three periods.
 b. Indivisible – are those which have no fixed duration. These are:
i. Death
ii. Reclusión perpetua
iii. Perpetual absolute or special disqualification
iv. Public censure
2. Accessory penalties – are those that are deemed included in the principal penalties.
75. What are the classification of penalties based on their subject matter?
1. Corporal (death).
2. Deprivation of freedom (reclusion perpetua and temporal, prision mayor and
correcional, arresto mayor and menor).
3. Restriction of freedom (destierro).
4. Deprivation of rights (disqualification and suspension).
5. Pecuniary (fine).

76. When can fine be Afflictive, Correctional and Light Penalty?

1.Afflictive
- Fines more than Php 1,200,000.

2.Correctional
- Fines not exceeding Php 1,200,000 but not less than Php 40,000.

3.Light Penalty
- Fines not exceeding Php 40,000

77. Enumerate the duration of each different penalties?

Afflictive
a. Reclusion Perpetua – 20 yrs and 1 day to 40 yrs
b. Reclusion Temporal – 12 yrs and 1 day to 20 yrs
c. Prision Mayor and Tempory Disqualification
- 6 yrs and 1 day to 12 yrs., except when disqualification is an accessory penalty, in which
case its duration is that of the principal penalty
Correctional
a. Prisión Correccional, Suspensión, and Destierro
- 6 mos. And 1 day to 6 yrs., except when suspensión is an accessory penalty, in
which case its duration is that of the principal penalty.
b. Arresto Mayor
- 1 month and 1 day to 6 months
c. Arresto Menor
- 1 day to 30 days
d. Bond to keep peace
- the period during which the bond shall be effective is discretionary on the court
78. What are the requirements for a person to become a recidivist?
Recidivist
- He is one who, at the time of his trial for one crime, shall have been
previously convicted by final judgment of another crime embraced in the
same title of the RPC

Note: A Recidivist is entitled to the benefits of the indeterminate Sentence Law but is
disqualified from availing credit of his preventive imprisonment.

Requisites: (TC2S)
1. That the offender is on trial for an offense;
2. That he was previously convicted by final judgment of
Another crime;
3. That the offender is convicted of the new offense;
4. That both the first and the second offenses are embraced in the Same title of the
Code.
79. When does a judgment in a criminal case become final?
- When the penalty has been presumed

80. When is there reiteracion or habituality?

Requisites of reiteracion or habituality(TPC)
1. That the accused is on trial for an offense;
2. That he previously served sentence for another offense to which the law attaches (not
the penalty actually imposed):
3. Equal or greater penalty, or for two or more crimes to which it attaches a lighter
penalty than that for the new offense; and
4. That he is convicted of the new offense.

81. Distinguish reiteracion from recidivism or reincindencia.

Distinction between Reiteracion and Recidivism

Reiteracion
- It is necessary that the offender shall have served out his sentence for the first
- The previous and subsequent offenses must not be embraced in the same title
of the code.
 Not always an aggravating circumstance.

Recidivism
- It is enough that a final judgment has been rendered in the first offense.
- Requires that the offenses be included in the same title of the code.
- Always to be taken into consideration in fixing the penalty to be imposed
upon the accused.

82. What is quasi-recidivism?

- Where a person commits felony before beginning to serve or while serving
sentence on a previous conviction for a felony.

83. Who is a quasi-recidivist?

Requisites of a quasi-recidivism:
1. That the offender was already convicted by final judgment;

2. That he committed a new felony before beginning to serve such sentence or while serving
the same

84. Who is a habitual delinquent?

Habitual delinquent
- He is a person who, within a period of ten years from the date of his release or
last conviction of the crimes of falsification, robbery, estafa, theft, or serious
or less serious physical injuries (FRETSeL), is found guilty of any said crimes
a third time or oftener

85. What are the requisites of habitual delinquency?

Requisites of habitual delinquency: (ConCom10)
1. That the offender had been convicted of any of the crimes of (FRETSeL)
a. Falsification,
b. Robbery,
c. Estafa,
d. Theft or
e. Serious or less serious physical injuries.

2. That after conviction or after serving his sentence, he again committed, and, within 10 years
from his last release of first conviction, he was again convicted of any of the said crimes for the
second time.

3. That after his conviction of, or after serving sentence for the second offense, he again
committed, and, within 10 years from his last release or last conviction, he was again convicted
of any of said offenses, the third time or oftener.