Criminal Law Midterm Examination Coverage: Module 3-6

Ordinary Mitigating Circumstances - can only be lowered by period (minimum) can be

offset by ordinary aggravating circumstancee
Privileged Mitigating Circumstances - lowers the penalty by degree (minority [15
and below], incomplete self-defense, when there 2 or more ordinary mitigating
without ordinary aggravating (lowers the penalty to 1 degree) Art. 69

Penalty is conditional (Minor-penalty will always be 1 degree lower)

Penalty can be lowered-by degree or by period

Incomplete self defense (in 3 requisites, 3rd is the missing)

Praeter Intentionem: ARTICLE 4. Criminal Liability. — Criminal liability shall be

incurred:

1. By any person committing a felony (delito) although the wrongful act done be
different from that which he intended.

Lack of intent (Ordinary Mitigating Circumstance)

If there is still an attack after the unlawful aggression stops that is

vindication/retaliation
passion or obfuscation (anger, intense feeling or emotion)

Privileged Mitigating (Offender can post bail)

Two ordinary mitigating will result in privileged (action + reaction)

Intent to kill required in attempted and frustrated but not consummated

Presence of qualifying circumstances - can change the criminal liability and the
crime itself

Example of Qualifying Circumstances to Murder - can change the criminal liability

not the intent to kill

1. Treachery [ordinary] (abuse of superior strength) sudden and unexpected, crime

will become murder even if there is no intent to kill (ex. nighttime)
2. Planning
3. Crime committed for a prize, reward, or promise
4. Killing use of poison, use of motor vehicle
5. Cruelty

If habitual offender, the penalty will be higher in the next circumstance

Specific aggravating circumstance - crime against persons
Exception: Robbery with homicide - crime against property but treachery can still
be applied

Inherent Circumstances (grave threats, robbery with intimidation, rape can be

committed with intimidation)
Special-penalty will always be maximum

If crime is committed in the dwelling (used for rest and recreation) of the victim,
it is an aggravating circumstance.
Dwelling-any part of the property (door, roof, window, wall, if the offender is
outside but the victim died in his dwelling)
Abuse of confidence [Ordinary] can be inherent [part of the crime] (estafa) and
qualifying (theft)
Accessory - participation after the crime, not a conspirator (did not agree to the
commission of the crime, he knew about the crime by the time he participated (ex.
profitting or assisting the principal for profitting)

Principal and accessory will be liable for the same crime but for accessory the
penalty will be lower than the principal

RP (indivisible), RT, PM, PC, Destierro (not imprisonment, 25 km), AM, Am

(Divisible: Max, Mid, Minimum) (Research for the duration) (Parole max. 30 years)

Aflictive: RP, RT, PM

Correctional: PC, AM
light: Am

2 Exceptions:

1. Incremental Penalty Rule (liability may go beyond what is prescribed by law,

additional increment)
2. Habitual Delinquency

Prison (Convicted Prisoners go, BuCor DOJ) is different from jail (not yet
convicted, detained but presumed innocent, they can run for public office, DILG,
BJMP [CPDRC operated by LGU or provincial goverment, BPRC], PDL (Persons deprived
of Liberty)

Fine (penalty) - must be imposed by the Court after the hearing, can be classified
to aflictive (more than 1.2M) , correctional (1.2M), light (40k)

Damage to property - will be result in a fine but the fine will be 3 times than the
amount of the property
Accessory penalties - ex. disqualification for running for public office

If fine cannot be paid, imprisonment

How fines are computed and days of imprisonment (highest minimum wage)

PP v Salvador- bouncing checks

Penalty - fine and was not paid
subsidiary imprisonment
penalty can only be served if provided by law and provided by judgment
in this case, penalty was not provided in the judgment

Community Service- not a penalty for a crime but a substitute/alternative penalty

of Arresto Mayor and Minor (already convicted and there is already a penalty,
imposed by the SC/judge) Must be related to public service/public works.
House Arrest-alternative penalty of community service, terrorism (bailed but
evidence is not strong)