Crim Lectures

If a person violates the penal law it is more of an offense against the state rather than the offended private
party/ victim/ heirs of the victim

2 Injuries when a crime was committed:

1. Injury against the offended party
2. Social Injury against the state/ citizenry- breach of social order and public peace

Theft- taking of a personal belonging of other person without his/her permission/knowledge with intent to
gain and enjoyment

Substantive law- grants the state the right to impose penalty

Limitations of the Power of the Legislative

*there can be no crime if there is no law punishing said act
Power of the Legislative is Absolute- not subject to limitations
1. Equal protection
2. Law must not have retroactive effect
3. Not excessive punishment

Equal protection of laws

- all persons similarly situated will be treated alike (ex. RA 9262- VAWC. Domestic abuse against women
are far greater compared to men. There is a substantial distinction bet men and women; husband and wife.
More women are abused and in need of protection from abuse and violence.
-the accommodation of the differences is the essence of true equality

Due process in the context of criminal law

*The accused must be duly informed on the accusations against him to prepare a formidable defense.
When he knows what the accusations against him are, then he knows how to formulate a defense
Arraignment- formal process when the accused is informed of the details and
accusations/allegations/charges against him

Ex post Facto Law- is an unconstitutional law

Penal law- must be prospective

Characteristic of Criminal Law

1. Generality- Art. 14 of the new Civil Code- all law should be obligatory regardless of race,
nationality, sex- WHO/PERSON?
Exception:
1. Diplomatic/ Sovereign immunity (with political representation) because an equal does not have
the right to assert dominion on other equal
a. Head of State
b. Diplomat
c. Ambassador
d. Charges de affair
e. Pope
f. Prime Minister/President
g. Consul (partial immunity because only represents cultural/commercial representation based
from the Vienna Convention) with respect to their official function
2. Laws of preferential application
a. Congressional speech
b. Presidential immunity
c. Treaty- visiting forces agreement
d. Certain laws (ex. Marriage of Muslim)
2. Territoriality-PLACE? Art 2 of RPC
*Treason committed outside PH because these are threats national security against the state pursuant to
“Self-preservation”
*Piracy is robbery on the seas. Universal crime. Accused may be convicted and charged he may be found.
*Concubinage cannot be filed in the PH cause it happened outside the PH
*Cybercrime Prevention Act- can be applied
Labor Attaché- official of the Philippines who work outside/ abroad

Exceptions: Extra-territorial application

1. Committed inside ship and airship registered in the Philippines inside the PH territory
2. Counterfeit of PH money
3. Introduction of counterfeited money
4. Government employees in the exercise of their function outside the PH
5. National Security and Law of Nation (ex. Treason, Piracy)

3. Prospectivity-
General Rule: Penal laws is not retroactive in effect; must be prospective
Exceptions: If favorable to the accused
EE: a) Habitual Delinquent or b) the law specifically provides

Habitual Delinquent- Within the 10 year time frame. The accused must be convicted again within 10 year
from the first conviction
CRIME/ACTS:
Serious or less serious Physical Injury
Robbery
Theft
Estafa
Faslsification
Bulgery

Exception: Vagrancy- decriminalizes the act (palaboy-laboy)

National Security/Safety- Piracy, Mutiny, Treason

Law of Nation- Piracy
Public Order- Rebellion

Theories of Criminal Penalties:

1. Classical
2. Positivist

Constitutional Limitation
1. Bill of Attainder- impose punishment without trial/ due process
2. Ex post facto law- no retroactive effect
3. Presumption of Innocence- “Accused is presumed to be innocent unless proven otherwise”
- Prosecutor must present quantum of evidence to prove beyond reasonable doubt
- Accused must inject reasonable doubt
4. The right to counsel
5. The right to conduct cross-examination- “Witness”
6. Equal protection of law to the accused

FELONIES-
Article III- How felonies are committed (dolo and culpa)
 Article IV- Who committed felonies
- Acts or omission punishable by the law (revised penal code) by means of dolo (deceit) and culpa
(fault)
- “No lem crimen nu lem crime sene leje”- there is no crime when there is no law punishing that
act
- Preparatory acts are not punishable except otherwise provided by law

- he term "dolo" or "malice" is a complex idea involving the elements of freedom, intelligence, and
intent. The first element, freedom, refers to an act done with deliberation and with power to choose
between two things. The second element, intelligence, concerns the ability to determine the morality
of human acts, as well as the capacity to distinguish between a licit and an illicit act. The last
element, intent, involves an aim or a determination to do a certain act.
Elements Dolo/ Deceit/ Mala In Se Culpa/ Fault/ Negligence/ Mala Prohibita-
deficiencies of perceptions
Freedom (voluntary, w/o external Freedom
compulsion) v. Irresistible Force/ self-
defense
Intelligence (capacity to understand, and Intelligence
consequences of actions) v. less than 15
years old, imbecile, insane
INTENT- Malice; Evil Intent; Bad faith v. Imprudence (deficiency of action, caution,
Good faith care), NEGLIGENCE (deficiency of
1. Manner of causing injuries; perception), Lack of Foresight, Lack of
2. Behavior of the accused before, Skill, No malice v. Due Diligence and
during, after Caution, Vigilance
3. Nature of weapon used, where and
number of the wounds inflicted
Intent to kill but lived (physical injuries) Good faith is not proper defense
Intent to gain (robbery) Ex. Speed limit
Intent to Rape (lude)
Kidnapping (deprivation of liberty/freedom)
Intentional Felonies- act of the offender is Culpable Felonies (Art 365) - act of the
malicious; offender is not malicious
-with deliberate intent -act is committed with lack of foresight,
skill, and caution
intended to cause injuries Injuries caused are unintentional; accident
Punishment- the Mind and Act Punishment- The Act not the Mind

Intent to Kill:
1. Nature of the Weapon Used
2. Nature of the Wound Inflicted/ Where is the wound/ Number of wound
3. Act/conduct of the accused before, during, and after of the crime

Motive-motive is necessary if the evidence is insufficient in a crime or evidence is circumstantial (walang

naka-witness) or many suspects
Intent- State of Mind

Requisites of Mistake of Facts (US v. Ah Chong)

1. ACT is lawful had the facts been as the accused believed it to be
2. INTENT is lawful- self-defense
3. WITHOUT NEGLIGENCE or carelessness- ‘who are you?’

Dolo- the 2 must concur

1. Mens Rea- there is criminal mind
2. Actus Rea- criminal act
 Mala In Se Mala Prohibita
Wrong in the very nature punished by the Offender consciously and freely commit the
Revised Penal Law prohibited act
There is intent to commit the crime Defense: Lack of intent to perpetrate the
crime
Defense: Good faith

Mala in Se- Wrong in the very nature punished by the Penal Code (ex. Name not included in the voters
list).; intent to commit the crime

Mala Prohibita- Wrong as it is prohibited by a law. There is no crime when there is no law punishing the
same; prohibited act is done freely and consciously commit the act; Defense: lack of intent to perpetrate
the crime

ARTICLE IV- Criminal Liability is incurred when:

1. Committing a felony although the lawful act done is different from actual intended
a. Error In Personae/ Mistaken Identity
b. Aberratio Ictus/ Mistaken Blow- complex crime; lack of precision (tamagos ang bala)
Complex Crime- when offense is necessary means for committing the other offense
Compound Crime- when a single act constitutes two or more grave and less garave
crimes/felony; not applicable in light penalty
c. Praeter Intentionem/ Injury went Beyond the Intention- mitigating circumstance

A person who intends to commit a felony is liable for resulting injury of:
1. Direct
2. Natural
3. Logical
Ex. Robbery inside a jip, then tumalon si passenger at namatay. They are liable for his death

Proximate Cause (Art 4, par. 1) Intervening Cause

DNL- direct, natural, logical -Liable only for the act (slap lang)
-No consequences; no intervention from others
para lumala at magresult sa death
Art. 4, par 2.- Impossible Crime
1. only applicable against person or property
2. Inherent impossibility- ex. patay na before mo pa gawin ang act na patayin sya
3. inadequate/ inefficient means- kulang ag effort/means (ex. Poison)
4. act is not punished/constituted as a crime under the RPC

Art. 247- having sex caught in the act, the husband is not criminally liable if he killed both of them

Attempted/ frustrated felony Impossible Crime

Susceptible of being Cannot be consummated because of
consummated/complete for reasons inherent impossibility and employment
other than his own spontaneous decision of inadequate/inefficient means

Attempted Frustrated Consummated

attempt when the offender frustrated when the offender consummated when all the
commences the performs all the acts of elements necessary for its
commission of a felony execution which would execution and accomplishment
 directly by overt acts, and
does not perform all the
acts (ex. Sa toes lang
nabaril) of execution
which should produce the
felony by reason of some
cause or accident other
than his own spontaneous
desistance.
Commences a felony
directly by overt acts
Look at the nature of the
wound- superficial/ non
life threatening
Does not perform all acts
of execution
Crime is not consummated
other than his spontaneous
desistance (SD)- there is a
reward given to a person
who is about to do a crime
-dependent on the will of
the perpetrator
*If there is SD, then it is
not attempted
Ex.- Aimed to shoot but
missed;
- shot but not fatal (only
on finger tips);
- Jammed gun (accident
other than offender’s own
spontaneous desistance)
- Shot but missed
Preparatory Act
Not constitute/ liable of a crime
Ex. Buying of pesticide
Consummated, if the crime is executed and accomplished, such as when you hit the victim with a piece of
hardwood and killed him;
Frustrated, such as when you hit him and he could have died from the injuries that you inflicted were it not
for the timely intervention of the doctors;
produce the felony as a are present.
consequence but which,
nevertheless, do not produce
it by reason of causes
independent of the will of
the perpetrator (medical
intervention)
Hit a vital organ/ wound is a
mortal wound/ life
threatening
Performed all acts of
execution
Crime is not consummated
because it is independent
on the will of the
perpetrator
Ex. Sudden change of heart
but liable for grave threat;
-sinugod sa hospital ng
bystander
-
Overt Act
physical activity or deed, indicating the
intention to commit a particular crime, more
than a mere planning or preparation, which
if carried to its complete termination
following its natural course, without being
frustrated by external obstacles nor by the
voluntary desistance ofthe perpetrator, will
logically and necessarily ripen into a
concrete offense
Ex. Buying and Mixing of pesticide to food
Attempted, such as when you hit the victim but you could not finish him off because a policeman arrived
and subdued you.

Issue spotting.
Carlos and Antonio. Emphasize the missing element of self-defense. ”One of the elements of self defense
is… unlawful aggression” In this case,

Pursuant to the revised penal law NOT under the law

Doctrine of proximate cause- The deceased was suffering from heart disease. The accused stabbed the deceased with a
knife, but as the blade of the knife hit a bone, it did not penetrate the thoracic cavity, but it produced shock, resulting in
the death ofthe victim. The accused was liable for homicide, because the stabbing was the proximate cause of the death of
the deceased.

Immediate cause
Efficient intervening cause
Efficient Cause of Death Rule
Blow Accelerated Death Rule
Instilling Fear Rule
Supervening Event Rule

CONSUMMATED felony is when all the elements necessary for its execution and accomplishment are
present.
FRUSTRATED felony is when the:
1. offender performed all acts of execution that would produce the felony as a consequence
2. but nevertheless do not produce the felony
3. by the reason of causes independent of the will of the perpetrator.
ATTEMPTED felony is when the:
1. offender commences the commission of a felony directly by overt acts and
2. does not perform all acts of execution that would produce the felony
3. by reason of some cause or accident other than the offender’s own spontaneous desistance.
IMPOSSIBLE CRIME is:
1. where the act of the offender would have been an offense against persons or property
2. the act done is with evil intent
3. its accomplishment is inherently impossible, or employment of ineffective and inadequate means
4. act should not constitute a violation of another provision of the RPC

Types of Rape:
1. Traditional- penetration of pudendal cleft
2. Sexual Assault- insertion of object to hole; regardless of gender

Stages of Rape:
People v Orita- there is no frustrated rape.
People v Agao- it is sufficient to penetrate the pudendal cleft

Rape-
“If in the position to penetrate” – with intent/ attempt to penetrate
“If NOT in the position to penetrate”- without intent/ only act of lasciviousness

Lewdness is not tantamount to carnal knowledge thus not constitute an attempted or consummated rape.

Conspiracy: The act of one is the act of all

REQUISITES OF CONSPIRACY
1. That two 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 be decided upon

B. General rule on conspiracy; exception

GR: Mere conspiracy and proposal to commit a felony are not punishable. Reason: conspiracy and proposal
to commit a crime are only preparatory acts.

XPN/s: They are punishable in cases in which the law specially provides a penalty therefore.

Expressed-planned
Implied- spur of the moment/spontaneous
Article 11- Justifying Circumstance
-No Criminal Liability
-Lawful
-No Civil Liability
Self-defense Defense of a Relative Defense of a stranger
Unlawful aggression: Actual and at the Unlawful aggression Unlawful aggression
point of happening: peril
(danger/threat) to life, limb, right
Reasonable necessity of the means Reasonable necessity of Reasonable necessity of the
employed to prevent/ repel the same: the means employed to means employed to prevent/ repel
Reasonableness- if the weapon is only prevent/ repel the same the same
available means, then use it
Instinct of self-preservation
lack of sufficient provocation was given by Should not been induced by
(proportionate/adequate) provocation the attacked or the person revenge, resentment, and evil
defending himself defending/claiming had no
1. If there is provocation but part therein
insufficient
2. if there is sufficient provocation but
come from stranger
3. if there is sufficient provocation but
not immediately preceding the act

Article 12- Exempt

-No voluntariness

-GN: With Civil Liability

Exceptions: Par 4-
Circumstances affecting criminal liability: JEMAA
1. Justifying (Art. 11)- act is in accordance with law
 a. Self-defense: Requisites
a.1 Unlawful aggression: requisites
a.1.a There must be a physical or material attack or assault;
a.1.b The attack or assault must be actual, or at least imminent; and
a.1.c The attack or assault must be unlawful.
Types of Unlawful Aggression:
1. Physical/Material- attack with physical force/weapon and with intent to cause injury
(already has an injury)
2. Imminent- attack that is impeding or at the point of happening; not threatening attitude
a.2 Reasonable necessity of the means employed to prevent/ repel
Requisites:
1. Necessity of the Course of Action
2. Necessity of the Means Employed
a.3 lack of sufficient (proportionate/adequate) provocation on the one defending himself
b. Defense of Relatives
c. Defense of Stranger
d. State of Necessity
e. Fulfillment of Duty
f. Obedience to an Order
Article 11 of the RPC provides the Justifying circumstances. The following are the 6 instances where a
person cannot be held criminally liable:
1. Self-defense- URL
a. Unlawful Aggression: PAIU
1. Physical attack
2. Attack is Actual (may injury na) or Imminent (at the point of happening)
3. Attack is Unlawful
b. Reasonable necessity used to prevent or repel it
c. Lack of sufficient provocation from the accused or the one defending himself
2. Defense of a Relative
-spouse, ascendants, descendants
-legitimate, natural, adopted brothers and sisters
-in-laws (affinity)
-consanguinity within the 4th civil degree
a. Unlawful aggression
b. Reasonable necessity of the means used to repel
c. The person defending has no participation in the provocation of the attacker
3. Defense of a Stranger
a. Unlawful aggression
b. Reasonable necessity of the means used to repel
c. The person defending must not induced by revenge or retaliation
4. A person in order to avoid greater evil or injury, caused damaged to another
a. The evil sought to be avoided actually exist
b. The injury feared be greater than that done to avoid it
c. No other practical or less harmful means to prevent it
5. Person who is in the performance of his duty or in the Lawful Exercise of Right or Office (LERO)
6. Person who abides order from a superior for lawful purpose by lawful means.

2. Exempting (Art 12)

Imbecile- mind of 2-7 years old
Minority- 15 below
15>18 with discernment- liable
Without discernment- “privilege mitigating”
3. Mitigating (Art 13)
4. Aggravating (Art 14)
 5. Alternative (Art 15)

Accident- not forceable

Unlawful Aggression requisites:
1. There must be an actual physical actual use of weapon
2. Insulting words, no matter how objectionable, without physical force is NOT unlawful aggression;
3. Mere threatening attitude is NOT unlawful aggression
4. A slap on the face is unlawful aggression
5. Retaliation is not a self-defense – “No more unlawful aggression. The unlawful aggression ceased to
exist when…”
6. Unlawful aggression must come from the person who was attacked by the accused
7. When there is agreement to right, NO unlawful aggression
8. The belief of the accused may be considered in determining the existence of unlawful aggression/
Mistake of Fact- the act is lawful had the facts been as the accused believed them to be

13-15 Serious Crime PD 603 (Neglected child)

Mandatory placed in a special facility within the youth care facility or Bahay Pag-asa

- INTERVENTION PROGRAM

13-15 second time offender PD 603 (Neglected child)

previously subjected to a -undergo INTENSIVE INTERVENTION PROGRAM supervised by LSWD, provided, but if the
community-based intervention interest of the child requires to be placed in a youth care facility or Bahay Pag-asa
program
- guardian/parent - written authorization

UNDER 15 (minor offense) - release to the custody of his parents/guardian or in absence thereof, child's nearest
relative
- subject to INTERVENTION PROGRAM by DSWD or Bahay Pag-asa if in the best interest of
the child.

- written authorities

16-17 w/o discernment - SAME under 15

16-17 w/ discernment subject to DIVERSION PROGRAM

- 6 years above DIVERSION measures * conducted by the court

- 6 years below - DIVERSION measures * law enforcement officers along with DSWD will
conduct mediation, family counseling and conciliation with child and family as participants;

Article 11: Justifying Circumstances-act is lawful and no criminal and civil liability
1. Self-defense
2. Defense of a Relative
3. Defense of a Stranger
4. Avoidance of greater evil
5. Fulfillment of duty or lawful exercise of rights or office (LERO)
6. Act in obedience to an order by a superior for lawful purpose and means

Article 12: Exempting (Absence of Intelligence and Freedom) IMAIUL- no criminal liability/exempts from
punishment
1. Imbecile and Insane
2. Minor 15 and below; fully exempt
 Minor 16-17, diversion and intervention program
3. Accident- occurrence that happens outside the sway of will
a. Lawful act
b. Due care/without negligence (degree of care and precaution)
c. Injury was caused by the accident
d. Without intent and fault
4. Irresistible Force- offender uses force and violence to compel the 3rd person to commit crime
4.1 There must be compulsion by physical force
4.2 The physical force must be irresistible
4.3 The physical force must come from a third person
4.4 No opportunity to defend and escape
a. Instrument
b. No opportunity to defend himself and escape
c. Durres, intimidation must be present
5. Uncontrollable Fear-offender employs intimidation and threat to compel 3rd person to commit crime
a. Existence of uncontrollable fear
b. Fear is real and imminent
c. Fear of injury must be greater or at least equal to that committed
d. No opportunity to defend and escape
6. Lawful or Insuperable Cause-lack of criminal intent
a. Person is required by law to perform the act
b. Fails to perform that act
c. Failure is because of lawful or insuperable cause

Article 13: Mitigating: JANS-VOS-PIO- reduce the penalty

1. Incomplete Justifying or exempting
2. Age: 16-17 71 up with discernment
3. No of intent to commit so grave or wrong
4. Sufficient provocation or threat on the part of the offended party
5. Vindication of a grave offense
6. Passion or Obfuscation
7. Voluntary Surrender or confession of guilt
8. Physical defect of offender
9. Illness of offender diminishing his willpower
10. Other similar reasons or analogous circumstances
Grave Felonies: attaches Capital punishment (Death) or Afflictive Penalties (Reclusion Perpetua, Reclusion
Temporal, Prison Mayor, Absolute and Special Disqualification)

Less Grave Felonies: punishes Maximum Correctional (Arresto Mayor, Prison Correctional, Suspension,
Destierro)

Light Felonies: Infractions of Law- Arresto Menor or fine not exceeding 40k

Art. 14 Aggravating mnemonic: CARNAP-D-BUHUC-ATAC-CRIP-I

1. Contempt of Pub Auth-committed in the presence of authority (B. Chairman, Mayor
2. Advantage of Pub Auth
3. Recidivism – committed another offense in the same title of the code and the offender has been convicted
by a final judgement previously
4. Nighttime; Uninhabited; Band
5. Abuse of Confi; Obvs Ungrateful- must be personal directly against both the parties
6. Palace; Presence; Public Authorities in Performance; Religious
7. Dwelling; Rank/Age/Sex- Rape of girl inherent
8. Breaking
9. Unlawful Entry- entry not intended for its purpose
10. Habituality
11. Use of 15; Motor Vehicle for execution of the crime (except for escaping)
12. Craft (intellectual trickery and cunning; pagpapanggap); Fraud (insidious word- itaas ang kamay kung
ayaw mamatay); Disguise (conceal the identity)
13. Armed Men
14. Treachery; Abuse of Strength
a. no opportunity for the victim to defense himself (sudden and unexpected attack; no inkling that his life is
in danger)
b. consciously and deliberately adopted to ensure its execution without risk to himself arising from the
defect of the offended party might make (to eliminate the chance of self-defense on the part of the victim)-
ex. sleeping
15. Cruelty- physical suffering which is not necessary for its commission
16. Calamity
17. Reward
18. Inundation; Fire; Poison; explosion; stranding vessel; great waste or ruin-
19. Evident Premeditation: TAL: Time decided; Acts to Clung (time to meditate/reflect/think); Lapse of
time that he decided to crime and time to executed/perform the crime
20. Ignominy- moral suffering and humiliation
Kinds of Aggravating Circumstances
1. Generic-
Ex. Dwelling
Ex. Inundation; Fire; Poison; explosion; stranding vessel; great waste or ruin
Ex. Recidivism
2. Specific- Intent to Kill, Intent to Gain (robbery, theft)
3. Special- depends on the Statute/Law
Ex. Quasi-recidivism- committed another offense not necessarily embraced under the same title of
the code (penalty cannot be offset and shall impose in the maximum period)
4. Qualifying- Changes the Nature of the Crime (Treachery, evident premeditation, cruelty, -Murder)
5. Inherent- element of a crime (no need to consider it)
ex. Use of public position in order to commit a crime of malversation;
Ex. Arson cannot be offset because there is use of fire already, no aggravating use of fire to destruct
object
Ex. Bribery- inherent public position
Ex. Rape of a girl is inherent
Ex. Robbery (art 293) with force upon things (happened inside the dwelling of the offended party)
a. Robbery directly against a person- used violence against the person
b. Robbery with force upon things- breaking wall, roof, floor, door, to enter

Article 15: Alternative

1. Relationship-
a. Mitigating- crime against property (robbery, usurpation, insolvency, trespass to dwelling
except 332 theft, estafa, malicious mischief because no criminal liability only civil)
b. Aggravating- crimes against person- murder of relative (except parricide because it’s inherent);
crimes against chastity (rape)
2. Intoxication- drunkenness affects mental faculty
a. Mitigating- if not habitual and subsequent to the plan to commit the felony; accidental
b. Aggravating- habitual and intentional (find stimulant, bolster courage, no remorse)
3. Level of education and degree of instruction

Persons Criminally Liable:

Article 17: Principal- Grave; Less Grave; Light Felonies
a. Principal by Direct participation- direct part in execution
b. Principal by Inducement- directly force and induce
1. Intention of procurement of crime
2. Sole Determining cause for procuring the crime
c. Principal by indispensable cooperation- the crime would not be accomplished if there is no
cooperation

Accomplices- Grave; Less Grave; Light Felonies

-cooperates in the offense by previous or simultaneous acts
Ex. Lending of gun knowing he’ll use it to kill someone/purpose;
Ex. giving drug knowing that it will be used as sleeping pills to the victim in order for the offender to rape
her
Ex. Simultaneous act: hold the hands of a victim in order to disarm him while codefendant was attacking
him;
a. community of design; knowing the criminal design of the principal and concurs in his purpose
b. cooperates in the execution by previous or simultaneous acts with intent of SUPPLYING MATERIAL
OR MORAL AID in the execution of crime in efficacious way
c. there must be a relation between the acts done by the principal and those attributed to the person charged
as accomplice
Accessory- Grave; Less Grave only (except when it involves crimes against person or property)
-have knowledge of the commission of the crime, and without having participated therein, either as principal
or accomplice, take part subsequent to its commission in any of the following manners:
1. By Profiting themselves or assisting the offender to profit by the effects of the crime;
2. By Concealing or destroying the body of the crime or the effects or instruments thereof, in order to
prevent its discovery; or
3. By harboring, concealing, or assisting in the Escape of the principal of the crime, provided the accessory
acts with abuse of his public functions or whenever the author of the crime is guilty of treason, parricide,
murder, or an attempt to take the life of the Chief Executive, or is known to be habitually guilty of some
other crime (RPC, Art. 19).

Anti-fencing law:
a. There must be robbery/ theft committed
b. Has knowledge that the object was subject of robbery/theft
c. Good faith is not a defense

Conspiracy
a. Agreement of 2 or more persons
b. Commission of a felony
c. Execution of the felony was decided upon

Mere conspiracy is punishable under:

a. RPC
1. Treason (115)
2. Coup de tat, Rebellion, Insurrection (136)
3. Sedition (141)
4. Monopolies and combinations in restraint of trade (186)
b. SPL
1. Espionage (CA 616)
2. Trafficking of dangerous drugs (RA 916
3. Arson (PD 1613)
4. Child Pornography (RA 9775)
5. Money Laundering (RA 9160 amended by RA 10365)
6. Dangerous Drugs Act (RA 9165)
7. Terrorism under Anti-terrorism act of 2020 (RA 11479)
8. Access Device Fraud (RA 8484)
PENALTIES:

Indeterminate Sentence Law ISLAW

Minimum Term: 1 degree lower of the RPC in the Off-setting rule
Minimum Period: The period of which is upon the discretion of the court.

Ex. Passion and Obfuscation. In Reclusion Temporal

Max Term: “Reclusion temporal in its minimum period”/ “It’s reclusion temporal in its minimum period as
the maximum term in its indeterminate sentence”
Minimum Period: “Prison mayor and The period of which is upon the discretion of the court.”

Ex. Prison Mayor. Used of armed men and voluntary surrender.

Max Term: Prison Mayor in its medium period
Min Term: Prison correctional and the period is upon the discretion of the court

Ex. Reclusion temporal. 17 yrs old w discernment; plea of guilt:

Max Term: Prison Mayor in min period
Min Term: Prison Correctional and the period is upon the discretion of the court

Ex. Prison Mayor. Plea of guilt, unlawful aggression

Max Term: Prison Correctional in medium period
Min Term: Aresto Mayor and the period is upon the discretion of the court

Ex. Reclusion Temporal. 17 yrs old w discernment; unlawful aggression; lack of sufficient provocation;
passion and obfuscation
Max Term: Prison Correctional minimum period
Min Term: Aresto Mayor and the period is upon the discretion of the court
*However under the expressed disqualification of Indeterminate Sentence Law, if the penalty is less than 1
year, the penalty is not applicable.

Disqualification:
1. Death, Life imprisonment, Reclusion Perpetua
2. Treason, Conspiracy to commit treason, misprision of treason
3. Rebellion (crime against public order), sedition, espionage
4. piracy
5. Habitual delinquent
6. Escaped from confinement/ Evaded the service of sentence
7. Violated his conditional pardon
8. Maximum term of imprisonment does not exceed 1 year

PROBATION- usually is Prison Correctional or below

Disqualification
1. Sentence is more than 6 years
2. National security
3. Previously convicted of more than 6 months and 1 day; fine of more than 1k pesos
4. Once availed probation
5. Those already serving when this took effect
6. Convicted of drug trafficking/selling
7. Arnel Colinares case. Convicted by rtc by frustrated homicide, penalty is beyond 6 years.
*once you filed an appeal, you can no longer file for probation. Except there was an erroneous
judgement by the lower court, thus you can file an appeal (mutually exclusive remedies)