February 20, 2024 - Last day of the topic of Conspiracy

Example: A proposes to B and C to commit robbery

Q: What will be the liability of A, the lookout, as compared to the liability of B and C
who directly took part in the execution of the robbery?
A: All three of them would be liable since in conspiracy, the act of one is the act of all (?)
ATTY: Let’s take a look on the individual participation in this example, A is the lookout, his
participation would be what?
A: Principal by indispensable cooperation (?)
Q: What do you mean by degree of participation?
A: Different act of the execution
Q: Examples of different acts of the execution, who are those persons who have
different acts in the execution?
A: Principal, Accomplice and Accessory
Q: What are those enumerated?
A: Codal. Arts. 16-18.
Q: Same example, why is A an accomplice?
A: The accomplice merely concurs with the principal in his criminal purpose.
DISREGARD CONSPIRACY
Q: What is A’s participation?
A: Accomplice. Those who cooperate in the execution of the offense by previous and
simultaneous acts WHICH ARE NOT INDISPENSABLE to the commission of the crime.
Requisites:
There must be a COMMUNITY of DESIGN
He cooperates in the execution by PREVIOUS or SIMULTANEOUS ACTS with the intention
of supplying MATERIAL OR MORAL AID in the commission of the crime in an efficacious
way; and
There must be a RELATION between the acts done by the principal and those attributed to
the person as an accomplice
Q: What is A, B, and Cs criminal liability?
A: Individual criminal liability (?) - *Since disregarded ang conspiracy dito… Each participant
is liable only for the act committed by him.
LET US ASSUME CONSPIRACY AGAIN
Q: What will be their criminal liability?
A: Collective naman.
Q: What is the ultimate effect of determining collective liability?
A: Disregard A’s participation as an accomplice, regard him as a principal. The act of one is
the act of all.
EXAMPLE:
Q: How many counts for A and B?
A: One count for both? Reclusion temporal.
Q: Kunyari lookout si B, tapos si A yung pumatay kay C. Kanino ang penalty ng
reclusion temporal?
A: A.
ASSUME CONSPIRACY ano na?
A: DISREGARD the participation as a lookout. No need to designate.
ATTY: You cannot change the facts.
Q: In the commission of the complex crime of robbery with homicide, does that mean
the offenders acted with conspiracy?
A, B, and C agreed to rob D. A is the lookout. B and C entered the house of D to take his
personal belongings. D resisted so C killed him by stabbing. Is A liable?
A:
Q: What is the nature of a special complex crime?
A: A special complex crime is considered as a single indivisible offense.
CONSPIRACY AS A MANNER OF INCURRING CRIMINAL LIABILITY
DIFF EXAMPLE GIVEN
Q: Why do we have a different approach as to the liability of one of the offenders, one being
unarmed and the rest are?
A: It would be different for the reason that the conspirators are only liable up to the extent to
what they agreed upon.
ATTY: When you talk about conspiracy, we talk about execution. The execution brings about
(?) the intended felony.
EXAMPLE: A (wife), B is the husband of A, C is the lover. A and C agreed na patayin si
B para magsama na sila 4ever. G daw. C killed B
Q: What is the criminal liability of A and C?
A: Collective.
Q: What is the relevance of A being the wife of B?
A: That is the difference of conspiracy and proposal, you delegate the execution
in ,conspiracy, you do not delegate the decision.

WEDDING COORDINATOR EXAMPLE

SKIP ARTICLE 10, balik tayo pag dating ng Article 22.
ASSIGNMENT: ARTICLES 11,12,13,14,15 and 62
JEMAA
Q: Why do we call it modifying circumstances?
Q: Effect of justifying circumstance?
Q: Effect of exempting?
Q: elements of felony?
A: There is an act or omission, such act or omission must be punishable by the RPC, by
means of dolo or culpa?
Q: among freedom intent intelligence, which is absent in justifying circumstances
Who is an agent in authority?
Agent of a person in authority is one who by direct provision of the law or by election,
or by appointment by competent authority is charged with the maintenance of public
order, and the protection and security of life and property, and any person who
comes to the aid of persons in authority (Art 152 as amended by RA 1978).

AGGRAVATING, ALTERNATIVE, COMPLEX CRIME

ARTS 22 and 10
PRESCRIPTION ON OFFENSES
ART 62
In penalties, give emphasis on Articles 46, 50-57, 63-69, 70
LECTURE ON ISL

DISCUSSION 3/12/2024
Complex Crime
Compound Crime
Regular Complex Crime under Article 48?
Continuing Crime

ATTY: All of these have one common denominator, the law treats them as a single
offense. In the eyes of the law, there is one offense committed even if they did
several acts.
Special aggravating circumstance because the law speaks of a penalty which is of
the most serious offense in the maximum period. It cannot be offset.
Special complex = fixed penalty, kung ano nakalagay sa batas.
ATTY: In a continuing crime, there is also one offense for several acts, but in the
final analysis of a continuing crime, it speaks of common unilateral intention although
there are several acts performed.
In compound crime it talks about the singleness of an act. Yung complex crime
proper, it is necessary. Necessary does not mean indispensable.
The essence of complex crime is maintaining individuality.

Q: How can it be necessary kung attempted ka lang?

The first offense must be consummated ?
GR:
XPN: Complex, Special, Continuing
Complex - Act becomes one offense
Special complex - you have an original intention? Homicide happened on the
occasion of robbery, consequence lang ng robbery yung homicide but the original
intention is robbery. In this aspect, isa lang intention insofar as the commission of the
robbery.
EX: Aberratio ictus. Ang intention mo is hit/kill B. Yumuko si B tapos tinamaan si C.
There is a singleness of act (A) (intention of A is to kill B). Single intention, single act.
It just so happened na yumuko.

Sa special complex crime ganun din, meron kang single intention of committing
robbery tapos on occasion lang yung homicide.

One single intention sa continuing crime din. Again, mahirap i-determine ang
continuing crime but normally it cannot be deciphered kung ilan ang victim. Single or
separate yung offense?

Example is 10 kayo pasahero sa bus tas may pumasok na holdaper, alam ba nung
holdaper kung ilan pasahero? Single lang yung intention nya regardless kung ilan
yung victim
Ang continuing crime is DESCRIPTIVE of how we treat the several acts as one, hindi
siya offense in itself. Why? Because if we determine the several acts as a continuing
crime edi there is only one offense committed.
Sa bus example, if we treat it as a separate offense edi may 10 counts? of robbery.
Yung special complex crime, para din siyang continuing crime. Why? No matter how
many are the victims that occured in one occasion of robbery, let us say, A - killed, B
- nawalan ng pera, 3 - celphone, 4 - jewelry. IF these 4 occurred on the occasion of
robbery, treated siya as one. What offense of robbery? With A, robbery with
homicide? You treat several acts as one since ALL happened on the occasion or by
reason of robbery.
This continuing crime nagtrtranslate siya sa jurisdiction/venue for purposes of
procedure, this is just one of the effects. For example, do we consider kidnapping as
a continuing crime? Nagkidnap sa A pero umabot sa QC. Pwede ka magfile in either.
ARTICLE 48 and its related topics ^
I consider justifying, exempting as a modifying circumstance… GCTA etc? This will
only apply if either you will serve your sentence/detained ka. Minomodify lang neto
yung penalty.
GCTA - effect nya is the penalty. Ex, sinabi ni judge na may penalty ka ng reclusion
temporal (20 years yon) wala naman siyang qualifying aggravating etc ngayon, ang
gcta kasi, for every year of service mo may corresponding deduction yan.
EX: 10 years ang sineserve mo, kunyari day 1 to 5 years nakakulong ka tapos may
good behaviour ka, basta nagaccumulate yung good credit mo.
–
Commutation of sentence
10 years kunyari
nakabawas ka ng 5
Dapat 5 na lang iseserve mo
Nagapply ka ng parole sa president, tapos gagawing 5 years na lang yung sentence
mo, edi wala na kasi nagserve ka na ng 5.
Yung commutation, 10 years hatol sayo tapos sa 5th year mo in detention, bali 5 na
lang eh binigyan ka ng commutation of 5 years, it is as if that you’re original
judgment was 5 years. Partial extinction siya.
Service of Sentence
Simply said, napagdusahan mo na yan. Kunyari meron ka 10 years, with all the
credits, nai-serve mo na yan. Sumatotal, lalaya ka.
3PS (Parole, Probation and Pardon)
Pardon by the offended, and the pardon by the president (conditional and absolute)
Kung ang epekto ng probation, nawawala yung criminal offense mo
Successive service of sentence
ATTY: Ibig sabihin may finality na ang conviction mo, once na magserve ka ng
sentence, wala ng jurisdiction si judge dito. Executive na ang may hawak sayo. Pag
3 yrs pababa, boss mo si BJMP, pag 3 yrs pataas, BuCor (national prisoner ka na)
Successive? Pagkaka sunodsunod.
GR:
Threefold rule (?) is not dependent upon the number of convictions. The application
is the cumulative effect if it is more than 40 years, we apply but if it is less, we apply
successive.
ISLAW

Homicide
RT = 20 years
Kung walang ISLAW, full sentence.
Minimum =
Medium =
Max =

Article 46 is important
applies to the principle
RT - consummated
Homicide
RT = 20 years
—---F
Attempted Robbery w/ Homcide
RT max to RP

Article 46 speaks of the general rule

—-
Pag may given penalty, doon ka magstastart ng computation pababa.
ISLAW
Memorize the exemptions.
EX:
Homicide → RT
Penalty 20 yrs
may max, med, min
1st → Determine the minimum penalty based on the graduation of penalties. Same
lang sa Art 50? 1 degree lower.
Sa homicide, RT → Prision Mayor is 1 degree lower RT (Max, Med, Min)
What is our maximum penalty? Baalik ka sa given penalty ng RT, the minimum
Q: When is the period in the minimum penalty? The Judge has discretion whether to
impose the minimum in PM (Max, Med, Min)
— ALIENS
Max / Aggravating no mitigating
Medium / Offset / None (Aggravating talaga) / None, mitigating
Minimum (Mitigating / No aggravating)
XPN: Pag may privileged mitigating circumstance
RT becomes PM.
Q: How do we determine now the lowering of a degree if it is composed of several
periods?
A: Remember that every penalty must be divisible by 3 periods? Pag maglolower ka,
always na tatlo din?
HOMICIDE
RT
Max
Medium
Minimum
PM
Max
Medium
Minimum

3 periods (max med min) = 1 degree

Pag frustrated, PM na yan if the crime has RT as a penalty.
The reckoning point is always the stage of execution.
Pag consummated homicide tapos accomplice, same penalty as frustrated homicide.
Pag accessory, PC.
—
Q: Is it possible that there would be special aggravating and privileged mitigating?
Will it offset?
A:No. Iba kasi direksyon nya
EX:
RT
PM
PC

Merong special aggravating and privileged mitigating, diba pag meron PMC, bababa
ka agad ng 1 degree
PM muna which is one degree lower tapos pag may SA, max period.
Edi if RT ang penalty tapos may PMC, baba mo na so PM then you apply the SA
which makes it in its maximum period.