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Criminal law 1 (De La Salle Lipa)

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REVISED PENAL CODE *Rights that may be waived are personal while those that
may not be waived involve public interest
(Act. No. 3815, as amended)
Characteristics of Criminal Law
Criminal Law GENERAL
࿿࿿%0%%20%䍂%118%࿿࿿%0%࿿࿿࿿࿿%0%%0%38%38% GENERAL RULE: Criminal law is binding on all persons
槧࿿࿿࿿࿿࿿࿿࿿࿿࿿⩭࿿࿿࿿࿿࿿࿿࿿࿿࿿᠖࿿ 8∲㟟 who live or sojourn in Philippine territory, whether
࿿࿿࿿࿿࿿࿿࿿࿿࿿鶮窴࿿࿿࿿࿿࿿࿿࿿࿿࿿苌疟࿿࿿࿿࿿࿿࿿࿿࿿࿿亢懧 citizens or not.
࿿࿿࿿࿿࿿࿿࿿࿿࿿䶄奻࿿࿿࿿࿿࿿࿿࿿࿿࿿鹾ཱྀ ࿿ 퐬埇
࿿࿿࿿࿿࿿࿿࿿࿿࿿枬ㄡ࿿࿿࿿࿿࿿࿿࿿࿿࿿擔挛࿿࿿࿿࿿࿿࿿࿿࿿࿿ 碵 EXCEPTIONS:
࿿࿿࿿࿿࿿࿿࿿࿿࿿!湆畈࿿࿿࿿࿿࿿࿿࿿࿿࿿"䳞湓࿿࿿࿿࿿࿿࿿࿿࿿࿿# Article 2 of the RPC
Branch or division of law which defines crimes, treats of
their nature, and provides for their punishment Treaties (e.g. Bases Agreement between
Philippines and America, RP-US Visiting
Crimes Forces Accord between Philippines and
America, etc.)
An act committed or omitted in violation of a public law
forbidding or commanding it. Law of preferential application (e.g. R.A. 75
Felony: RPC which penalizes acts which would impair
Offense: Special Penal Laws the proper observance by the Republic and
Infraction of an Ordinance: Ordinance its inhabitants of the immunities, rights,
and privileges of duly accredited foreign
diplomatic representatives in the
Sources of Philippine Criminal Law
Philippines.)
The RPC and its amendments
Special penal laws passed by the Philippine Commission,
NOTE: Not applicable when the foreign country
Philippine Assembly, Philippine Legislature,
adversely affected does not provide similar
National Assembly, the Congress of the Philippines,
protection
and the Batasang Pambansa
Penal Presidential Decrees issued during Martial Law Warship Rule
No Common Law Crimes in Ph The nationality of such warship determines the
applicable penal laws to crimes committed therein,
Common law: the body of principles, usages and rules of as they are considered to be an extension of the
action, which do not rest for their authority upon territory of the country to which they belong. Thus,
any express and positive declaration of the will of their respective national laws shall apply to such
the legislature vessels wherever they may be found.
Nullum crime, nulla poena sine lege Article 14 of the New Civil Code
There is no crime where there is no law punishing it
Subject to the principles of public international law
and to treaty stipulations. Persons exempt from the
Limitations of the power of the Legislative
operation of our criminal laws by virtue of the
Bill of Rights imposes the following limitations: principles of public international law
No ex post facto law or bill of attainder shall be enacted Sovereigns and other chiefs of state.
Ex post facto law: retroactive law which are Ambassadors, Ministers, Plenipotentiary,
prejudicial to the accused Ministers Resident, Charges d’Affaires. (AM,
Bill of Attainder: a legislative act which inflicts MP, MR, CdA)
punishment without trial
No person shall be held to answer for a criminal offense NOTE: Consuls, vice-consuls and other
without due process
commercial representatives (i.e. commercial
Criminal laws must be of general application and attaché) of foreign nation are NOT entitled to
must clearly define the acts and omissions the privileges and immunities of an
punished as crimes ambassador or minister, in the absence of a
treaty to the contrary (Bar 2011)
Constitutional Rights
Statutory Rights TERRRITORIAL

GENERAL RULE: Penal laws are enforceable only within

Rights which may be
waived
Right of accused to
confrontation
Right of the accused to
cross-examination
Rights which may not be the Philippine territory.
waived This includes the Philippine Archipelago, including its
atmosphere, its interior waters, and maritime zone.
Right of the accused to be (Art. 2, RPC)
informed of the nature and
cause of the accusation
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PROSPECTIVE
GENERAL RULE: A penal law cannot make an act
punishable in a manner in which it was not punishable
when committed.
REASON: Under Art. 366 of the RPC, crimes are punished
under the laws in force at the time of commission.
EXCEPTION: Whenever a new statute dealing with
crime establishes conditions more lenient or favorable
to the accused, it can be given retroactive effect
EXCEPTION TO THE EXCEPTION:
Where the new law is expressly made inapplicable
to pending actions or existing causes of action.
Where the offender is a habitual delinquent.
KINDS OF REPEAL
(1) Absolute or Total Repeal
A repeal is absolute when the crime
punished under the repealed law has been
decriminalized by the subsequent law
(2) Partial or Relative Repeal
A repeal is partial when the crime punished
under the repealed law continues to be a
crime in spite of the repeal
DIFFERENT EFFECTS OF REPEAL ON PENAL LAW
If the repeal/amendment on law makes the penalty
lighter in the new/amended law, the
new/amended law shall be applied, subject to
the exceptions.
If the new/amended law imposes a heavier penalty,
the law in force at the time of the commission
of the offense shall be applied.
If the new/amended law totally repeals the existing
law so that the act which was penalized under
the old law is no longer punishable, the crime is
obliterated.
When the new law and old law penalize the same
offense, the offender can be tried under the old
law.
A person erroneously accused and convicted under
a repealed statute may be punished under the
repealing statute.
NOTE: The accused must have an
opportunity to defend himself against the
charge brought against him.
A self-repealing law has the effect same as though it
had been repealed at the time of its expiration.
Art. 1. Time when Act takes effect – This Code shall take
effect on the first day of January, nineteen hundred
and thirty-two.
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THEORIES IN CRIMINAL LAW
School of thought followed by the Revised Penal Code.
Characteristics:
The basis of criminal liability is human free will;
purpose of penalty is retribution.
That man is essentially a moral creature with an
absolute 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.
It has endeavored to establish a direct and
mechanical proportion between the crime and
the liability.
There is scant regard to the human element.
Positivists theory
Crime is essentially a social a natural
phenomenon, and as such, it cannot be treated
and checked by the application of abstract
principles of law and jurisprudence nor by the
imposition of a punishment, fixed and
determined as basis; rather through the
enforcement of individual measures in each
particular case after a thorough, personal, and
individual investigation conduction by a
competent body of psychiatrists and social
scientists.
Mixed Theory
Art. 2. Application of its provisions – Except as provided
in the treaties and laws of preferential application, the
provisions of this Code shall be enforced not only
within the Philippine Archipelago, including its
atmosphere, it interior waters and maritime zone, but
also outside of its jurisdiction, against those who:
Should commit an offense while on a Philippine
ship or airship;
Should forge or counterfeit any coin or currency
note of the Philippines Islands or obligation
and securities issued by the Government of the
Philippine Islands;
Should be liable for acts connected with the
introduction into these Islands of the
obligations and securities mentioned in the
preceding number;
While being public officers or employees, should
commit an offense in the exercise of their
functions; or
Should commit any of the crimes against national
security and the law of nations, defined in Title
One of Book Two of this Code.
The provisions of RPC shall be enforced not only within the
Philippine Archipelago but also outside of its jurisdiction in
certain cases
EXCEPTIONS: (Extra-territoriality)
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Offenses committed while on a Philippine ship or airship

Should forge or counterfeit any coin or currency note of the
Requisites: Philippines or obligations and securities issued by the
It must be registered in the Philippine Bureau of Government
Customs or MARINA (Maritime Industry
Authority), as the case may be; If forgery was committed abroad, it must refer only
The crime must be committed in the Philippine to Philippine coin, currency note, or obligations
waters or the high seas, and not within the and securities.
territorial jurisdiction of another country. Obligations and securities of the GSIS, SSS, and
Landbank are not government issuances.
Foreign Merchant Vessel
Should be liable for acts connected with the introduction
When a foreign merchant vessel enters the 12 into the Philippines of the obligations and securities
nautical-mile limit, the ship’s officers and crew mentioned in the preceding number
become subject to the jurisdiction of our courts
Those who introduced the counterfeit items are
Continuing crime committed on board a foreign criminally liable even if they were not the ones
merchant vessel sailing from abroad to PH are who counterfeited the obligations and
triable by Ph courts securities.
This paragraph only refers to obligations and
French Rule English Rule securities issued by the Government of the
Philippine Island, not coin or currency note of
General Rule the Philippine Islands.
Crimes committed Crimes committed Introduction of coin or currency note of the
Philippine Islands is not subject to this
aboard a vessel within aboard a vessel within
paragraph.
the territorial waters of a the territorial waters of a
country are not triable in country are triable in the
While being a public officer, should commit an offense in the
the courts of said courts of such country. exercise of his functions
country.
Crimes committed by public officers:
Exception Direct bribery (Art. 210)
When the crimes merely When their commission Indirect Bribery (Art. 215)
affect things within the affects the peace and Qualified Bribery (Art. 211-A)
vessel or when they only security of the territory Corruption (Art. 212)
Fraud Against Public Treasury and Similar
refer to the internal or when the safety of the
Offenses (Art. 213)
management thereof. state is endangered. Possession of Prohibited Interest (Art. 216)
*Philippines observe the English Rule Malversation of Public Funds or Property (Art.
217)
Failure to Render Accounts (Art. 218)
Only those that disturb public peace are triable in
Ph Failure to Render Accounts Before Leaving the
Exception: OPIUM Country (Art. 219)
Mere possession of opium on aboard a foreign Illegal Use of Public Funds or Property (Art. 220)
merchant vessel in transit is not triable in Failure to Make Delivery of Public
PH courts Funds/Property (Art. 221)
When foreign merchant vessel is not in transit Falsification (Art. 171)
because the Philippines is its terminal port,
the person in possession of opium on board NOTE: A crime committed within the grounds of a
that vessel is liable (illegal importation of Philippine embassy on foreign soil shall be subject to
opium) Philippine penal laws, although it may or may not have
Smoking opium aboard a merchant vessel within been committed by a public officer in relation to his
the territorial limits is breach of the public official duties. Embassy grounds are considered as
order hence, PH courts have jurisdiction extensions of the sovereignty of the country occupying
them.
A distinction must be made between merchant ships
Should commit any crimes against the national security and
and warships; the former is more or less subjected
the law of nations
to the territorial laws.

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NOTE: Limited only to the following crimes: Requisites of dolo or malice

Treason (Art. 114) He must have freedom while doing an act of omitting to
Conspiracy and proposal to commit treason (Art. do an act
115) Freedom: voluntariness on the part of the
Espionage (Art. 117) person to commit the crime
Inciting to war and giving motives for reprisals (Art. He must have intelligence while doing the act of
118) omitting to do the act
Violation of neutrality (Art. 119) Intelligence: capacity to understand
Correspondence with hostile country (Art. 120) the consequence of one’s act
Flight to enemy’s country (Art. 121) He must have intent while doing the act or omitting to
Piracy and mutiny on the high seas (Art. 122) do the act
Terrorism (R.A. 9372 - Human Security Act) Intent: purpose to use a particular means
to affect such result
TITLE ONE Intent to Kill:
Means used
Felonies and Circumstances Which Affect Criminal
Nature, location, and number of
Liability wounds
Conduct of the offender before, after, and
CHAPTER ONE during the act of the offense
Felonies Circumstances under which the crime
was committed
Art. 3. Definition – Acts and omissions punishable by Motives of the accused
law are felonies (delitos.

Felonies are committed not only be means of deceit General Intent Specific Intent
(dolo) but also by means of fault (culpa). An intention to do a wrong. An intention to commit
a definite act.
There is deceit when the act is performed with
deliberate intent; and there is fault when the wrongful Presumed to exist from Existence of the intent
act results from imprudence, negligence, lack of the mere doing of a is not presumed.
foresight, or lack of skill. wrongful act

Felonies: acts and omissions punishable by RPC The burden of proving the The burden of proving the
absence of intent is upon existence of the intent is
Elements of Felonies the accused. upon the prosecution; as
(1) That there must be an act or omission such intent is an element of
the crime.
ACT: Any bodily movement tending to produce
some effect in the external world. It must be an
external act which has direct connection with the Culpable Felonies
felony intended to be committed. Act or omission is not malicious. (Performed without
OMISSION: An inaction or failure to perform a malice). It is by mere fault, or by imprudence,
positive duty required by law. negligence, lack of foresight, or lack of skill.
(2) That the act or omission must be punishable by RPC Crimes which cannot be committed through imprudence or
negligence are murder, treason, robbery, and malicious
Nullum crimen, nulla poena sine lege mischief
Imprudence: indicates a deficiency of action; usually
(3) That the act is performed or the omission incurred involves lack of skills
Negligence: indicates a deficiency of perception; usually
by means of dolo or culpa involves lack of foresight

In either Intentional or Culpable Felonies, the act performed Requisites of culpa

must be voluntary. He must have freedom while doing an act or omitting
to do an act
Intentional Felonies He must have intelligence while doing the act or
The act or omission is performed with deliberate intent or omitting to do the act
malice to do an injury. He is imprudent, negligent or lacks foresight or skill
The offender has the intention to cause injury to the while doing the act or omitting to do the act
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Mistake in the identity of the intended victim is not basis of whether he is a offenders is the SAME
reckless imprudence principal offender, or whether they are merely
merely an accomplice, or accomplices or accessories.
A person causing damage or injury to another, without accessory.
malice or fault, is not criminally liable under the Revised
Penal Code. Laws Violated
May be liable under special penal laws
Intent is not required in crimes punished Revised Penal Code Special Laws (General
by special laws (General Rule) Rule)
When the doing of an act is prohibited by As to Stages in Execution
special law, it is considered that the
act is injurious to public welfare and There are three stages: No such stages of
the doing of the prohibited act is the attempted, frustrated, and execution.
crime itself

Mala in se Mala prohobita consummated.

As to nature As to Persons Criminally Liable

Wrong from its very Wrong because it is There are three stages: Unless otherwise provided,
nature; inherently evil prohibited by statute. attempted, frustrated, and only the principal is liable.

Use of Good Faith Defense consummated.

Good faith is a valid Good faith is NOT a As to Division of Penalties

defense; unless the crime is defense.
Penalties may be divided There is NO such division of
the result of culpa.
into degrees and periods. penalties.
Use of intent as an element

Intent is an element. Criminal intent is Mala Prohibita

immaterial. Generally, applies to crimes punishable by special laws.
General Rule: Criminal intent is NOT necessary, it being
Degree of Accomplishment of the Crime sufficient that the offender has the intent to perpetrate
the act prohibited by the special law unless the special
The degree of The act gives rise to a law itself expressly requires intent (“knowingly” or
accomplishment of the crime only when it is “maliciously”).
crime is taken into account consummated The act alone, in crimes punishable by special laws,
in punishing the offender constitutes the offense.
Good faith and absence of criminal intent are NOT valid
As to Mitigating and Aggravating Circumstances defenses.
Mitigating and Mitigating and
aggravating circumstances aggravating Intent Motive
are taken into account in circumstances are It is the purpose to use a It is the moving power
imposing the proper particular means to which impels one to act
penalty. generally NOT taken into
effect such result for a definite result
account in imposing the
proper penalty. It is an element of a It is not an essential
crime, except element of a crime
Degree of Participation unintentional crimes
When there is more than Degree of participation is It is essential only when:
It is essential only to
one offender, the degree of generally NOT taken into intentional felonies
participation of each in the account. All who the identity of the
commission of the crime is participated in the act are perpetrator or the
taken into account. punished to the same specific crime
extent. committed is in doubt.
In ascertaining the truth
As to Persons Criminally Liable
between two
Penalty is computed on the The penalty on the antagonistic theories
or versions of the
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killing
c. There are no
eyewitnesses to the
crime and suspicion is
likely to fall upon a
number of persons
d. The evidence is merely
circumstantial
Motive is proved and established by the testimony of
witnesses on the acts or statements of the accused before or
immediatelt after the commission of the offense.
Noted: Proof of motive alone is not sufficient to support a
conviction
SPECIAL FACTORS AFFECTING INTENT
AND CRIMINAL LIABILITY
Mistake of Fact — Negates criminal liability, akin to
justifying circumstance under Art. 11
Aberratio Ictus (Mistake in Blow) — Generally increases
criminal liability, as a complex crime (Art. 48)
Error in personae (Mistake in Identity) — May or may
not lower criminal liability depending on whether
the actual crime committed and the intended crime
are of equal or different gravity (Art. 49)
Praeter Intentionem (No intent to cause so grave a
wrong as that committed) — Lowers criminal
liability as a mitigating circumstance under Art. 13
Proximate Cause (The cause of the cause is the cause of
the evil caused) — Gives rise to criminal
liability by analogy to Art. 4, par.
1 Mistake of Fact
A misapprehension of fact on the part of the person who
cause injury to another. He is not criminally liable
because he did not act with criminal intent
It destroys the presumption of criminal intent which
arises upon the commission of a felonious act.
It is NOT applicable in culpable felonies.
It CANNOT be invoked in error in personae or
mistake in identity.
Requisites of mistake of fact as a defense:
That the act down would have been lawful had the facts
been as the accused believed them to be
That the intention of the accused in performing the act
should be lawful
That the mistake must be without fault or carelessness
on the part of the accused
Aberratio Ictus (Mistake in Blow)
The offender intends the injury on one person but the harm
fell on another, or both.
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The act may result in a complex crime (Art. 48) or in two or
more separate felonies, but there is only one intent that
characterized the crimes.
Error in Personae (Mistake in Identity)
The offender committed a mistake in ascertaining the
identity of the victim
NOTE: The fact that the victims were different from the
one the offender intended cannot exculpate him.
Mistake in the identity of the victim carries the same
gravity as when the accused zeroes in on is intended
victim. The main reason is that the accused had acted
with such a disregard for the life of victims without
checking carefully the latter’s id entity as to place
himself on the same legal plain as the one who kills
another wilfully. It is not a mitigating circumstance
Mistake in Blow Mistake in Identity
3 persons involved: the 2 persons present: the
offender, the actual victim, offender and the actual
and the intended victim. victim
Generally aggravates the May or may not be
liability for a complex mitigating
crime or two separate
felonies may be committed
because there could be two
victims
Praeter Intentionem (No intent to cause so grave a wrong as
that committed)
The injury is on the intended victim but the resulting injury
or wrong is so grave than what was intended. There is a
great disparity between the intended felony and the
actual felony committed.
This is a mitigating circumstance (Art. 13,(3)). But if the
means used to commit the desired crime would also
logically and naturally bring about the actual felony
committed, praeter intentionem will not be appreciated.
Proximate Cause (The cause of the cause is the cause of the
evil caused)
Proximate cause is that cause which, in its natural and
continuous sequence, unbroken by an efficient
intervening cause, produces the injury, and without
which the result would not have occurred. That acting
first and producing the injury, either immediately or
setting other events in motion, all constituting a natural
and continuous chain of events, each having a close
causal connection with its immediate predecessor, the
final event in the chain immediately effecting the injury
as a natural and probable result of the cause which first
acted, under such circumstances that the person
responsible for the first event should, as an ordinary and
prudent and intelligence person, have reasonable
ground to expect at the moment of his act or default
that an injury to some person might probably result
therefrom.
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Art. 4. Criminal Liability – Criminal liability shall be
incurred:
By any person committing a felony (delito)
although the wrongful act done be different
from that which he intended
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 or on account of the
employment of inadequate or ineffectual
means.
A person who performs a criminal act is responsible for all
the consequences of said act regardless of his intention
Elements of Proximate Cause
The intended act is felonious
The resulting act is felonious
The wrong done to the aggrieved party be the direct,
natural, and logical consequence of the felony
committed by the offender
The felony committed is not the proximate cause of the
resulting injury when:
There is an active force that intervened between the
felony committed and the resulting injury, and the
active force is a distinct act of fact absolutely
foreign from the felonious act of the accused; or
The resulting injury is due to the intentional act of the
victim
Intervening Causes: active force that intervened between the
felony committed and the resulting injury.
When death is presumed to be the natural consequence of
physical injuries inflicted:
That the victim at the time the physical injuries were
inflicted was in normal health
That death may be expected from the physical injuries
inflicted
That death ensued within a reasonable time
No felony is committed when:
The act or omission is not punishable by the RPC
When that act is covered by any of the justifying
circumstances enumerated in Art. 11
Impossible Crimes
Requisites:
That the act performed would be an offense against
persons or property
That the act was done with evil intent
That its accomplishment is inherently impossible, or
that the means employed is either inadequate or
ineffectual
That the act performed should not constitute a violation
of another provision of the RPC
Purpose of the law in punishing the impossible crime:
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To suppress criminal propensity or criminal
tendencies. Objectively, the offender has not
committed a felony, but subjectively, he is a
criminal.
Art. 5. Duty of the court in connection with acts which
should be repressed but which are not covered by the
law, and in cases of excessive penalties – Whenever a
court has knowledge of any act which it may deem
proper to repress and which is not punishable by law,
it shall render the proper decision and shall report to
the Chief Executive, through the Department of Justice,
the reasons which induce the court to believe that said
act should be made the subject of penal legislation.
In the same way, the court shall submit to the Chief
Executive, through the Department of Justice, such
statement as may be deemed proper, without
suspending the execution of the sentence, when a
strict enforcement of the provisions of the Code would
result in the imposition of a clearly excessive penalty,
taking into consideration the degree of malice and the
injury caused by the offense.
1st paragraph contemplates a trial of a criminal case
The act committed by the accused appears not
punishable by any law
But the court deems it proper to repress such act
In that case, the court must render the proper decision
by dismissing the case and acquitting the accused
The judge must then make a report to the Chief
Executive, through the Department of Justice,
stating the reason which induce him to believe that
the said act should be made the subject of penal
legislation
2nd paragraph contemplates in case of excessive penalties
The court after trial finds the accused guilty
The penalty provided by law and which the court
imposes for the crime committed appears to be
clearly excessive because –
The accused acted with lesser degree of malice,
and/or
There is no injury or the injury cause is of lesser
gravity
The court should not suspend the execution of the
sentence
The judge should submit a statement to the Chief
Executive, through the DOJ, recommending
executive clemency
Executive clemency
the power of a President in federal criminal cases, and the
Governor in state convictions, to pardon a person
convicted of a crime, commute the sentence (shorten it,
often to time already served), or reduce it from death to
another lesser sentence.
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Art. 6. Consummated, frustrated, and attempted

felonies – Consummated felonies, as well as those
which are frustrated and attempted, as punishable.
A felony is consummated when all the elements
necessary for its execution and accomplishment are
present; and it is 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 be reason of causes
independent of the will of the perpetuator.
There is an attempt 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 own spontaneous desistance.
Indeterminate Offense: one where the purpose of
the offender in performing an act is not certain. Its
nature in relation to its objective is ambiguous thus,
the accused may be convicted of a felony defined by
the acts performed by him up to the time of
desistance.
He does not perform all the acts of execution which
should produce the felony
Something still remains to be done by the offender.
If anything yet remained for him to do, he would be
guilty of attempted felony.
The offender’s act is not stopped by his own spontaneous
desistance

Development of Crime The offender fails to perform all the acts of

Internal acts execution which should produce the felony because
of some cause or accident
Mere ideas in the mind of a person are not
punishable. Mere intention producing no effect is no The non-performance of all acts of execution was due to
more a crime than a mere effect without is a crime. cause or accident other than his spontaneous
desistance
External acts
If the actor does not perform all the acts of
Preparatory acts execution by reason of his own spontaneous
Ordinarily, they are not punishable. desistance, there is no attempted felony. The law
Proposal and conspiracy to commit a does not punish him.
felony, which are only preparatory acts, It is not necessary that spontaneous desistance
are not punishable, except when the law be actuated by good motives.
provides for their punishment in certain Desistance should be made before all the acts of
felonies execution are performed.

Acts of execution Desistance

They are punishable under the RPC It is an absolutory cause which negates criminal
The stages of acts of execution – liability because the law encourages a person
attempted, frustrated and consummated – to desist from committing a crime
are punishable o The desistance which exempts from
criminal liability has reference to the
ATTEMPTED FELONY crime intended to be committed, and
The offender never passes the subjective phase of the has no reference to the crime actually
offense committed by the offended before his
There was no wound inflicted or the wound was not desistance
mortal The spontaneous desistance of the accused is
EXCULPATORY only:
Elements of Attempted felony: if made during the attempted stage, and
provided that the acts already committed
The offender commences the commission of the felony do not constitute any offense.
directly by overt acts
FRUSTRATED FELONY
Felony deemed commenced directly by overt has reached the objective phase of the offense
acts when the following are present:
That there be external acts; Elements of Frustrated Felony
Such external acts have direct connection with
the crime intended to be committed. 1. The offender performs all the acts of execution

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Nothing more is left to be done by the offender

because he has performed the last act necessary to THERE IS NO CRIME OF FRUSTRATED THEFT
produce the crime. Unlawful taking is deemed complete from the moment the
offender gains possession of the thing
The wound inflicted was mortal.
In theft, once the stolen object is returned, civil liability
All the acts perform would produce the felony as a extinguishes.
consequence
Manner of committing the crime
But the felony is not produced Formal crimes
Crimes consummated in once instance
By reason of causes independent of the will of the Crimes consummated by mere attempt or proposal or by
perpetuator overt acts
Felony by omission
Certain causes which may prevent the Crimes requiring the intervention of two persons to
consummation of the offense are: commit them are consummated by mere agreement
Intervention of third persons who prevented Material crimes
the consummation of the offense; thus, it Crimes not consummated in one instant or by a
makes it frustrated. single act. (homicide, rape, murder)
Perpetrator’s own will; thus, it ceases to be
frustrated. There is no attempted or frustrated impossible crime

CONSUMMATED FELONY Phases of the Offense to the Stages of Execution

When all the elements necessary for its execution and
accomplishment are present Subjective Phase - That portion of the acts constituting
The offender does not have to do anything else to the crime, starting from the point where the
consummate the offense. He has already reached the offender begins the commission of the crime to that
objective stage of the offense as he no longer has control point where he still has control over his acts,
of his acts having already performed all that is including the act’s natural course.
necessary to accomplish his purpose. NOTE: During this phase, the offender is stopped by
any cause outside of his voluntary desistance, the
Attempted Frustrated Impossible subjective phase has not been passed and it is an
attempt.
Evil intent is not Evil intent is not Evil intent is not Objective Phase - That portion the phase which
accomplished. accomplished. accomplished. commences once the offender has performed the
Evil intent is Evil intent is Evil intent is last act to complete the elements of the crime
NOTE: If he has not so stopped in the subjective
possible of possible of impossible of phase, but continues until he performs the last act,
it is frustrated, provided the crime is not produced.
accomplishment. accomplishment. accomplishment. If it is produced, the crime is consummated. In
attempted felony, the offender never passes the
What prevented What prevented Evil intent subjective phase of the offense.
the the cannot be
Attempted Stage
accomplishment accomplishment accomplished Marks the commencement of the subjective phase.
is the is the because of its
intervention of intervention of inherently Frustrated Stage
certain cause or certain cause by impossible The end of subjective phase and the start of the
accident in which a third person to accomplishment objective phase.
the offender had prevent its or the means
no part. consummation employed by the Consummated Stage
or by the own offender is It is the result of the acts of the execution, that is,
will of the inadequate or the accomplishment of the crime.
perpetrator. ineffectual.
If both the subjective phase and objective phase are
present, there is a consummated felony.
Factors in determining stage of execution of felony:
Nature of the offense Art. 7. When light felonies are punishable – Light
Elements constituting the felony felonies are punishable only when they have been
Manner of committing the offense
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consummated, with the exception of those committed which is indicative of a

against persons or property. meeting of the minds
towards a common
Light felonies are those infraction of law for the commission criminal objective. There is
of which the penalty of arresto menor or a fine not exceeding implied agreement.
P40,000, or both, is provided
Conspiracy not a separate
Light felonies punished by RPC offense
Slight physical injuries
Theft
Alteration of boundary marks “The act of one is the act of all”
Malicious mischief When conspiracy is established, all who participated therein,
Intriguing against honor irrespective of the quantity or quality of his participation, is
liable equally, whether conspiracy is pre-planned or
General rule: Light felonies are punishable only when they instantaneous.
have been consummated. Exception:
Exception: Light felonies against persons or property are Unless one or some of the conspirators committed some
punishable even if attempted or frustrated other crime, which is not part of the intended crime.
If the other conspirators did not prevent the
Art. 8. Conspiracy and proposal to commit felony. – commission of the additional crime, he is also liable
Conspiracy and proposal to commit felony are for the additional crime
punishable only in the cases in which the law Exception to the Exception:
specifically provides penalty therefor. When the act constitutes a “single indivisible offense”
When the crime was aggravated by natural
A conspiracy exists when two or more persons come to consequence of the nature of the crime
an agreement concerning the commission of a felony
and decide to commit it. To be liable:
Must be present at the time of the scene of the crime
There is proposal when the person who has decided to
commit a felony proposes its execution to some other Who are excused from liability?
person or persons. Those who performed an act to prevent the crime

Requisites of Conspiracy: The overt acts must consists of:

That two or more persons came to an agreement Active participation in the actual commission of the crime
That the agreement concerned the commission of a itself
felony Moral assistance to his co-conspirators by being present at
That the execution of the felony be decided upon the time of the commission of the crime
Exerting a moral ascendance over the other co-conspirators
General Rule: by moving them to execute or implement the criminal
Conspiracy and proposal to commit felony are not plan
punishable
Wheel Conspiracy: consists of a single conspirator, generally
Exception: the ringleader who is interconnected to every other
They are punishable only in the cases in which the law coconspirator. The ringleader is the hub; the other
specially provides a penalty therefor. coconspirators are the spokes of the wheel.

Reason for the rule: Chain Conspiracy: involves several transactions all directed
Conspiracy and proposal to commit a crime are only toward a common unlawful objective.
preparatory acts, and the law regards them as innocent or
at least permissible except in rare and exceptional cases Requisites of Proposal
That a person has decided to commit a felony
Conspiracy as a manner That he proposes its execution to some other person or
Conspiracy as a felony of incurring criminal persons
liability
No criminal proposal when -
Crime not actually There is a previous and The person who proposes is not determined to commit the
committed express agreement felony
There is no decided, concrete, and formal proposal
The participants acted in It is not the execution of a felony that is proposed
concert or simultaneously
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are punishable
The law does not require that the proposal be accepted by only when they
the person to whom the proposal is made. have been
consummated.
Art. 9 Grave felonies, less grave felonies, and light
felonies. - Grave felonies are those which the law
attached the capital punishment or penalties which in
any of their perios are afflictive, in accordance with EXCEPTION:
Article 25 of this Code. Light felonies
committed
Less grave felonies are those which the law punishes against persons
with penalties which in their maximum period are or property, are
correctional, in accordance with the above-mentioned punishable even
article. if attempted or
frustrated.
Light felonies are those infractions of law for the
commission of which the penalty of arresto meno or a
fine not exceeding Forty thousand pesos (P40,000), or Art. 10. Offenses not subject to the provision of this
both, is provided. (As amended by R.A. No. 10951, Code. – Offenses which are or in the future may be
August 29, 2017) punishable under special laws are not subject to the
provisions of this Code. This Code shall be
Importance of Classification: supplementary to such laws, unless the latter should
To determine whether these felonies can be complexed specially provide the contrary.
or not
To determine the prescription of the crime and the GENERAL RULE:
prescription of the penalty The provisions of RPC are supplementary to special laws

Grave Felonies Less Grave Light Felonies EXCEPTION:

Felonies Where the special law provides otherwise
When the provisions of the RPC are impossible of
Afflictive penalties Correctional Arresto menor application, either by express provisions or by
penalties and/or fine not necessary implication
exceeding
P40000 Supplementary
Supplying what is lacking; additional
● Reclusion ● Prison
perpetua correccional CHAPTER TWO
●Reclusion ●Arresto mayor Justifying Circumstances and Circumstances Which Exempt
temporal ●Suspension From Criminal Liability
●Perpetual or ●destierro
temporary Art. 11. Justifying circumstances. – The following do not
absolute incur any criminal liability:
disqualification Anyone who acts in defense of his person or rights,
●Perpetual or provided that the following circumstances
temporary occur:
special First. Unlawful aggression
Second. Reasonable necessity of the means
disqualification employed to prevent or repel it
●Prison mayor
Third. Lack of sufficient provocation on the
part of the person defending himself
Note: Only
principals and Anyone who acts in defense of the person or rights
of his spouse, ascendants, descendant, or
accomplices can
legitimate, natural, or adopted brothers or
be held liable for
sisters, or of his relatives by affinity in the
light felonies. same degrees, and those by consanguinity
within the fourth civil degree, provided that
the first and second requisites prescribed in
GENERAL RULE: the next preceding circumstances are present,
Light felonies and the further requisite, in case the

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provocation was given by the person attacked, Mere push or a shove, not followed by other acts,
the one making defense had no part therein. does not constitute unlawful aggression
Anyone who acts in defense of the person or rights Slap on the face is an unlawful aggression. Since
of a stranger, provided that the first and face represents a person and his dignity,
second requisite mentioned in the first slapping is a serious personal attack.
circumstance of this articles are present and
that the person defending be not induced by A strong retaliation for an injury or threat may amount
revenger, resentment, or other evil motive. to an unlawful aggression
Any person who, in order to avoid an evil or injury,
does an act which causes damage to another, Retaliation Self-defense
provided that the following requisites are
present: The aggression that was The aggression was still
First. That the evil sought to be avoided begun by the injured part existing when the
actually exists already ceased to exist aggressor was injured or
Second. That the injury feared is greater than when the accused disabled by the person
that done to avoid it attacked him making defense
Third. That there be no other practical and less
harmful means of preventing it NOTE: if he persists in attacking his adversary, he can no
Any person who acts in the fulfillment of a duty or longer invoke the justifying circumstance of self-defense.
in the lawful exercise of a right or office
Any person who acts in obedience to an order The attack made by the deceased and the killing of the
issued by a superior for some lawful purpose. deceased by defendant should succeed each other
without appreciable interval of time.
“do not incur any criminal liability” = no crime committed
When the aggressor flees, unlawful aggression no longer
Burden of proof is upon the accused. exists

Self-defense No Unlawful Aggression when there is agreement to

fight PROVIDED that:
Must be proven with clear and convincing evidence The challenge is voluntarily accepted.
If NOT voluntarily accepted, an attack
Reverse trial: burden of proof rest upon the accused. subsequent to it is becomes an unlawful
aggression.
Reason why penal law makes self-defense lawful: It occurred at the stipulated time and place.
Impulse of self-preservation If NOT at the stipulated time and place, an
attack subsequent to it becomes an unlawful
Requisites of self-defense aggression.
One who voluntarily joins a fight cannot claim
Unlawful aggression self-defense.
Equivalent to assault or at least threatened assault of The one who voluntarily joined a fight cannot claim self-
an immediate and imminent kind defense
When the peril to one’s life, limb or right is either actual
or imminent. There must be actual physical forces Subjects of Self-Defense: (PPRH)
or actual use of weapon. Defense of Persons
Defense of Property
Peril to one’s life Defense of Rights
Actual: the danger must be present, that is, actually Defense of Honor / Chastity
in existence
How to determine the unlawful aggressor? The one who
Imminent: the danger is on the point of happening. struck the first blow
It is not required that the attack already begins, for
it may be too late. Mere threatening or intimidating attitude, not preceded
by an outward and material aggression, is not unlawful
Peril to one’s limb aggression
The blow with a less deadly weapon or any other
weapon that can cause minor physical injuries only, Reasonable necessity of the means employed to prevent or
aimed at other parts of the body repel it

There must be actual physical force or actual use of “To prevent or repel”
weapon
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A threat to inflict real injury places a person in cannot be said that he was defending himself from the
imminent danger; thus, it must be prevented. effect of another’s aggression.
An actual physical assault places a person in actual
danger; thus, it must be repelled. BATTERED WOMAN SYNDROME (BWS)

Elements:
Necessity for the course of action
Place and occasion of the assault and other R.A. No. 9262, otherwise known as the “Anti-Violence
circumstances must be considered Against Women and their Children Act of 2004”, provided
Necessity of the means employed the defense for the Battered Women Syndrome which
Note: BOTH of elements must be reasonable. took effect on 27 March 2004.

In repelling or preventing an unlawful aggression, the

one defending must aim at his assailant, and not
discriminately fire his deadly weapon
Battered Woman, Defined
The test of reasonableness depends on the
circumstances of each case. It depends on the nature A woman who is repeatedly subjected to any forceful
and extent of the unlawful aggression. physical or psychological behavior by a man in order to
coerce her to submit to his bidding with no concern for
Rational Equivalence her rights.
The nature and quality of the weapons
Physical condition, character, and size Includes wives or women in any form of intimate
Other circumstances considered relationship with men.
Successfully invoking the Battered Woman
Lack of sufficient provocation on the part of the person Syndrome will create the effect of a circumstance
defending himself of self-defense.
●
Provocation: immoral act of conduct which stirs the
aggression THREE PHASES OF THE “CYCLE OF VIOLENCE”

To be entitled to the benefit of self-defense, the one (1) Tension building phase;
defending himself must not have given cause for
the aggression by his unjust conduct or by inciting This is the phase where minor batterings in the
or provoking the assailant. form of verbal or slight physical abuse occurs.
● No provocation at all was given to the aggressor Here, the woman tries to pacify the batterer
by the person defending himself; through a show of kind, nurturing behavior; or
● Even if a provocation was given, it was not by simply staying out of his way.
sufficient; or
(2) Acute battering incident;
● Even if the provocation was sufficient, it was not
given by the person defending him-self;
The same is characterized by brutality,
● Even if a provocation was given by the person
destructiveness and sometimes, death. The
defending himself, it was not proximate and
immediate to the act of aggression. battered woman usually realizes that she
cannot reason with him and that resistance
Note: The exercise of a right cannot give rise
to sufficient provocation. would only exacerbate her condition.

(3) Tranquil, loving (or, at least, nonviolent) phase.

How to determine the sufficiency of provocation:
The provocation is sufficient if it is adequate to This is where the couple experience a
stir the aggressor to its commission.
compound relief and the batterer may show a
Verbal argument cannot be considered sufficient tender and nurturing behavior towards his
provocation
partner.
The provocation is sufficient:
In order to be classified as a battered
(1) When one challenges a person into a fight.
woman, the couple must go through
(2) When one hurls invectives at another.
the battering cycle at least twice.
NOTE: The requisite of “lack of sufficient provocation”
refers EXCLUSIVELY to “the person defending himself.” Crucial to the BWS defense is the state
Thus, if the accused appears to be the aggressor, it of mind of the battered
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woman AT THE TIME OF THE Ascendants

OFFENSE - she must have actually Descendants
feared imminent harm from her Legitimate, natural, or adopted brothers or sisters
batterer and honestly believed in Relative by affinity within the same degree
the need to kill him in order to save Relative by consanguinity within the fourth civil degree
her life.
“in-laws” relatives
Survives the death of either party to the marriage
which created the affinity.
Requisites of BWS:
Blood relatives:
Each of the phases of the cycle of violence must be Parents
proven to have characterized at least two Legitimate Brothers and sisters
battering episodes between the appellant and Uncles, Nieces, Aunts, Nephews
her intimate partner. First cousins
The final acute battering episode preceding the
killing of the batterer must have produced in the Defense of Stranger
battered person’s mind an actual fear of
imminent harm from her batterer and an honest Requisites:
belief that she needed to use force in order to Unlawful aggression to the stranger defended;
save her life;
At the time of the killing, the batterer must have NOTE: STRANGERS - any person not included in the
posed probable -- not necessarily immediate and enumeration of relatives under par. 2 of Art. 11.
Damage to another includes injury to persons and
actual -- grave harm to the accused, based on the
damage to property.
history of violence perpetrated by the former
against the latter.
Reasonable necessity of the means employed to prevent
or repel it; and

The person defending is not induced by revenge,

What is the effect when not all the requisites for self defense resentment or other evil motives.
are present?
The accused cannot claim self-defense as a justifying NOTE: Even if a person has a standing grudge
circumstance. However he could be entitled to either of the against the assailant, if he enters upon the defense
following provided unlawful aggression is present: of a stranger out of generous motive to save the
Ordinary mitigating circumstance — at least one stranger from serious bodily harm or possible
requisite which is unlawful aggression is present death, the third requisite of defense of stranger still
Privileged mitigating circumstance — at least two exists. The third requisite would be lacking if such
requisites, one is unlawful aggression is present person was prompted by his grudge against the
assailant, because the alleged defense of the
Defense of Relative stranger would be only a pretext.

The person making defense is prompted by some noble or NOTE: This circumstance requires the person making
generous sentiment in protecting and saving a relative. defense to be actuated by disinterested or generous motives.

Requisites: Furnishing a weapon to one in serious dan-ger of being

Unlawful aggression to the relative of the person throttled or about to be throttled is defense of stranger.
invoking defense of relatives;
Reasonable necessity of the means employed to prevent IV. Avoidance of greater injury or evil
or repel it; and
In case the provocation was given by the person Requisites:
attacked, the one making the defense had no part The accused does an act which causes damage to
therein. another in order to avoid an evil or injury which
NOTE: The fact that the relative defended gave provocation actually exists, and is not brought about by the
is immaterial. It does not negate the application of this accused’s own acts;
justifying circumstance, as long as the person defending had Evil sought to be avoided must not be merely
no part in such provocation. expected or anticipated or may happen in the
future.
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The state of necessity must not be brought about by
the accused himself
That the injury feared be greater than that done to
avoid it;
An exercise of right is not an evil to be justifiably
avoided.
That there be no other practical or less harmful means
of preventing it
Greater evil must NOT be brought about by the
negligence or imprudence or violation of law by
the actor.
NOTE: It is only in this paragraph of Art. 11 where there is
civil liability, BUT the civil liability is borne by the persons
benefited. [Art. 101] i.e., if firemen had to ram cars
blocking their entry to a burning building, the persons the
firemen would save from the fire bear the civil liability.
Fulfilment of one’s duty or in the exercise of a
right or office
Requisites:
That the accused acted in the performance of duty or in
the lawful exercise of a right or office; and
That the injury caused or the offense com-mitted be the
necessary consequence of the due performance of
duty or the lawful exercise of such right or office.
Lawful exercise of rights or office
Applying Art. 429 of the Civil Code, if, in protecting his
possession of the property, he injures (not seriously) the one
trying to get it from him, he is justified under this
paragraph. (Reyes)
It is not necessary that there be unlawful aggression
against the person charged with the protection of
the property; otherwise, it will fall under self-
defense. (Reyes)
Shotting of prisoner by guard must be in self-defense or be
absolutely necessary to avoid his escape.
Doctrine of Self-help
- Any person who fails to perform an act required by
VI. Obedience to an order issued by a superior for
some lawful purpose
Requisites:
That an order has been issued by a superior;
That such order must be for some lawful purpose; and
That the means used by the subordinate to carry out
said order is lawful.
This circumstance refers to an unlawful order with the
appearance of legality. Subordinate is not liable for carrying
out an illegal order if he is not aware of its illegality and has
exhibited no negligence.
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Presupposes that what was obeyed by the accused was a
lawful order.
If the accused complied with an UNLAWFUL order under a
MISTAKE OF FACT he should not incur a criminal liability.
Art. 12. Circumstances which exempt from criminal
liability – The following are exempt from criminal
liability:
An imbecile or an insane person, unless the latter
has acted during a lucid interval.
When the imbecile or an insane person has
committed an act which the law defines as a
felony (delicto), the court shall order his
confinement in one of the hospitals or asylums
established for persons thus afflicted, which he
shall not be permitted to leave without first
obtaining the permission of the same court.
A person under nine years of age.
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 Article 80 of
this Code.
When such minor is adjudged to be
criminally irresponsible, the court, in
conformity with the provisions of this and the
preceding paragraph, shall commit him to the
care and custody of his family who shall be
charged with his surveillance and education;
otherwise, he shall be committed to the care of
some institution or person mentioned in said
Article 80.
Any person who, while performing a lawful act
with due care, causes an injury by mere
accident without fault or intention of causing
it.
Any person who acts under the compulsion of an
irresistible force.
Any person who acts under the impulse of an
uncontrollable fear of an equal or greater
injury.
law, when prevented by some lawful or
insuperable cause.
One who acts by virtue of any of the exempting
circumstances commits a crime, although by the complete
absence of any conditions which constitute free will or
voluntariness of the act, no criminal liability arises.
Burden of proof lies on the defendant
When the offender acts in accordance with exempting
circumstances during the commission of the felony, he is
exempt from criminal liability but not the civil liability ex
delicto.
Lack of intent on the part of the actor
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Justifying Circumstances Exempting Mere abnormality of mental faculties is not enough

It affects the act not the
actor; emphasis of the law
is on the act
The act is considered to
have been done within the
bounds of law; hence,
legitimate and lawful in the
eyes of the law
Since the act is considered
lawful, there is no crime
No crime
Circumstances especially if the offender has not lost consciousness of
his acts. (may be mitigating circumstance)
It affects the actor not the
act; emphasis of the law is Court shall order his confinement in one of the hospitals or
on the actor asylums established for person afflicted, which he shall not
be permitted to leave without first obtaining the permission
The act complained of is of the court. The opinion of the Director of Health whether
actually wrongful, but the or not he shall be permitted to leave the asylum must be
actor is not liable obtained by the court.
In order to ascertain a person’s mental condition at the time
of the act, it is permissible to receive evidence of the
Since the act complained of condition of his mind during a reasonable period both before
is actually wrong, there is a and after that time.
crime but, since the actor Direct testimony is not required, nor are specific acts of
acted without derangement essential to establish insanity as a defense.
voluntariness, there is no
dolo or culpa Clear and convincing evidence will suffice in proving
There is a crime insanity.

No civil liability (except There is
Art. 11, par. 4, where there
is civil liability)
CIRCUMSTANCE
Imbecile or insane
Minority
Accident
civil liability At the time of the At the time of the trial
commission of the felony
(except Art. 12, par. 4 and
7, where there is no civil Exempt from criminal When he was sane at the
liability) liability time of commission, he is
liable criminally.
BASIS OF EXEMPTION Trial will be suspended
until the mental capacity of
Absence of intelligence
Absence of intelligence the accused be restored to
afford him a fair trial
Absence of criminal intent

and fault Evidence of Insanity

Compulsion of Irresistible Absence of freedom or It must refer to the time preceding the act or to the very
moment of its execution
force action or voluntariness If insanity is after the commission of the crime, the accused
Impulse of an Absence of freedom or cannot be acquitted
If insanity is occasional or intermittent in its nature,
uncontrollable fear action or voluntariness presumption of its continuance does not arise.
Insuperable or lawful cause Absence of criminal intent A person who has been adjudged insane or committed to a
and fault hospital or to an asylum for the insane, is presumed to
continue to be insane.

I. IMBECILITY OR INSANITY Defense of insanity not credible when:

Can recall the moments before the felony commenced
Imbecility Could distinguish between right and wrong
One who, while advanced in age, has a mental development
comparable to that of children between two and seven Dementia praecox (premature dementia)
years of age. Homicidal attack is common
One who is deprived completely of reason or discernment During period of excitement, the person has no control
and freedom of the will at the time of committing the whatever of his acts.
crime Covered by the term insanity
Exempt in all cases from criminal liability
Schizophrenia (formerly called dementia praecox)
Insanity A chronic mental disorder characterized by inability to
Exists when there is a complete deprivation of intelligence in distinguish between fantasy and reality and often
committing the act, that is, the accused is deprived of accompanied by hallucinations and delusions.
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Kleptomania
Must be investigated by competent alienist or psychiatrist to
determine whether the impulse is irresistible or not.
Exempting circumstance = deprived of reasons + lost
consciousness of one’s act
Mitigating circumstance = only diminished the exercise of
his will power, and did not deprive him of the
consciousness of his acts
Epilepsy
Chronic nervous disease characterizes by fits, occurring at
intervals, attended by convulsive motions of the muscles
and loss of consciousness
Epileptic excused from criminal liability when at the time of
the commission of felony was, he was under the
influence of an epileptic fit
Feeblemindedness
Not imbecility because the offender could distinguish
right from wrong
Pedophilia
A sexual disorder wherein the subject has strong, recurrent,
and uncontrollable sexual and physical fantasies about
children which he tries to fulfill, especially when there
are no people around.
Could still distinguish between right and wrong
Not insanity
Amnesia
No defense to a criminal charge unless it is shown by
competent proof that the accused did not know the
nature and quality of his action and that it was wrong.
Other cases of lack of intelligence
Committing a crime while in a dream a.
Hypnotism – still debatable
Committing a crime while suffering from malignant
malaria
II. MINORITY
“under nine years of age” should be construed as nine years
of less
RA 9344 (Juvenile Justice and Welfare Act of 2006)
Raised the age of absolute irresponsibility from nine to 15
years of age.
Sec. 6 – repealed par. 3, Art. 12 of RPC
Prosecution must prove that a minor who is over 15 but
under 18 years of age has acted with discernment, in order
for the minor not to be entitled to this exempting
circumstance.
Period of Criminal Responsibility
Absolute irresponsibility – 15 years and below (infancy)
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Conditional responsibility – 15 year and 1 day to 18
years
Full responsibility – 18 years or over (adolescence) to 70
(maturity)
Mitigated responsibility – 15 years and 1 day to 18
years, the offender acting with discernment; over 70
years of age
Child in Conflict with the Law
A person who at the time of the commission of the offense is
below 18 years but not less than 15 years and one old.
Discernment
Capacity of the child at the time of the commission of the
offense to understand the differences between right and
wrong and the consequences of the wrongful act.
May be known and should be determined by taking into
consideration all the facts and circumstances afforded
by the records in each case (very appearance, very
attitude, very comportment and behavior of minor
before and during the commission of the offense and
after and during the trial.
How to determine?
o Take into account the ability of ability of a child to
understand the moral and psychological
components of criminal responsibility and the
consequence of the wrongful act
Intent: desired act of the person
Discernment: moral significance that a person ascribed to
the said act
Discernment manifested through:
Manner of committing the crime
Conduct of offender
Presumption of Minority
Child in conflict with the law shall enjoy presumption of
minority and shall enjoy all the rights of a child in
conflict with the law until proven to be 18 years old or
older at the time of the commission of the offense
Determination of Age
Original or certified true copy of the certificate of live
birth
Baptismal certificates and school records or any
pertinent document that shows the date of birth of
the child
Testimony of a member of the family related to the child
by affinity or consanguinity who is qualified to
testify on matters respecting pedigree such as the
exact age of date of birth of the child pursuant to
the testimonies of the other persons, the physical
appearance of the child and other relevant
evidence, shall suffice
Burden of Proof of Age
Any person alleging the age of the child in conflict with the
law has the burden or proving the age of such child
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If age of the child is contested prior to the filing of the
information in court, a case for determination of age
under summary proceeding may be filed before the
Family Court which shall render its decision within 24
hours from receipt of the appropriate pleadings of all
the parties.
Court shall make a categorical finding as to the age of the
child
“with intent to kill” stated in the Information is sufficient
allegation of discernment
JUVENILE JUSTICE AND WELFARE ACT OF 2006
(R.A. 9344)
The following are EXEMPT from criminal liability:
Children who are 15 years of age or under at the
time of the commission of the offense to an
intervention program.
If after the intervention there is no reform the
minor shall be returned to the court for the
promulgation of the decision against the
minor: and then the court shall either
decide on the sentence or extend the
intervention.
Children above 15 but below 18 who acted without
discernment.
If the child referred herein acted with discernment,
he/she shall undergo diversion programs without
undergoing court proceedings subject to the
following conditions: (Section 23)
Where the imposable penalty is not more than 6
years of imprisonment, the Punong Barangay of
law enforcement officer shall conduct
mediation, family conferencing and conciliation
Where the imposable penalty exceeds 6 years
imprisonment, diversion measures may be
resorted to only by the court
Exemption from criminal liability herein established does
not include exemption from civil liability
The child in conflict with the law shall enjoy the
presumption of minority until he/she is proven to be
18 years old or older. (Section 7, paragraph 1)
The prosecutor shall conduct a preliminary
investigation and file information upon
determination of probable cause in the following
instances: (Section 33)
When the child in conflict with the law does not
qualify for diversion
When the child, his/her parents or guardian does
not agree to diversion
Upon determination by the prosecutor that
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diversion is not appropriate for the child in
conflict with the law.
Automatic suspension of sentence
Once the child who is under 18 years of age at the
time of commission of the offense is found guilty of
the offense charged, the court shall determine and
ascertain any civil liability which may have resulted
from the offense committed. However, instead of
pronouncing the judgment of conviction, the court
shall place the child in conflict with the law under
suspended sentence, without the need of application
and impose the appropriate disposition measures as
provided in the Supreme Court Rule on Juveniles in
Conflict with the law (Section 38)
Upon recommendation of the social worker who has
custody of the child, the court shall order the final
discharge of the child.
The discharge of the child in conflict with the law
shall not affect the civil liability resulting from the
commission of the offense. (Section 39)
III. ACCIDENT
Elements:
A person is performing a lawful act
With due care
He causes an injury to another by mere accident
Without fault or intention of causing it.
Striking another with a gun in self-defense, even if it
fired and seriously injured the assailant, is a lawful act
Any person who, while performing a lawful act with due
care, causes an injury by mere accident without fault or
intention of doing it is exempted from criminal liability.
Accident
Something that happens outside the sway of our will, and
although it comes through some act of our will, lies
beyond the bounds of humanly foreseeable
consequences.
If consequences are plainly foreseeable, it will be case of
negligence.
Presupposes lack of intention to commit the wrong done
Case of negligence, not accident
Is there freedom to commit the offense?
Take into consideration the surroundings of the place
where crime took place
Accident: fortuitous circumstance
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Negligence: failure to observe, for the protection of

the interest of another person The compulsion must be of such a character as to leave no
opportunity to the accused for escape or self-defense in
When claim of accident not appreciated equal combat
Repeated blows
Accidental act negated by threatening words Treason
preceding it In the eyes of the law, nothing will excuse that act of joining
Husband and wife had an altercation an enemy, but the fear of immediate death

IV. COMPULSION OF IRRESISTIBLE FORCE Irresistible Force Uncontrollable Fear

Presupposes that a person is compelled by means of force Offender uses violence or The offender employs
or violence to commit a crime physical force to compel intimidation or threat in
another person to commit compelling another to
Elements: a crim commit a crime
That the compulsion is by means of physical force
That the physical force must be irresistible
That the physical force must come from a third VI. INSUPERABLE OR LAWFUL CAUSE
person
Elements:
The force must be irresistible as to reduce the actor to a That an act is required by law to be done
mere instrument who acts not only without will but That a person fails to perform such act
against his will. That his failure to perform such act was due to
some lawful or insuperable cause
Passion and obfuscation cannot amount to irresistible
force. It must consist of an extraneous force coming from a Insuperable cause
third person. A motive which has lawfully, morally, or physically
prevented a person to do what the law commands.
The duress, force, fear or intimidation must be present,
imminent and impeding and of such a nature as to induce a Absolutory Causes
well-grounded apprehension of death or serious bodily Those where the act committed is a crime but for reasons of
harm if the act is not done. public policy and sentiment there is no penalty imposed.
The courts shall condemn this practice (instigation) by
V. IMPULSE OF AN UNCONTROLLABLE FEAR directing the acquittal of the accused.

Presupposes that a person is compelled to commit a crime by Instigation Entrapment

another, but the compulsion is by means of intimidation of
threat
Absolutory cause Not an absolutory cause
Elements: Instigator practically Ways and means are
That the threat which causes the fear is of an evil induces the would-be resorted to for the purpose
greater than or at least equal to, that which he is
required to commit accused into the of trapping and capturing
commission of the offense the lawbreaker in the
That it promises an evil of such gravity and imminence
that the ordinary man would have succumbed to it. and himself becomes a co- execution of his criminal
principal plan
Requisites of Uncontrollable Fear Accused must be acquitted No bar to the prosecution
Existence of an uncontrollable fear and conviction of the
Speculative, fanciful and remote fear is not lawbreaker
uncontrollable fear
Public officer or private A person has planned, or is
Fear must be real and imminent
detective induces an about to commit, a crime
A threat of future injury is not enough
innocent person to commit and ways and means are
The fear of an injury is greater than or at least equal to resorted to by a public
a crime and would arrest
that committed
him upon or after the officer to trap and catch
commission of the rim by the criminal
Duress
the latter
As a valid defense, should be based on a real, imminent, or
reasonable fear for one’s life or limb and should not be
speculative fanciful or remote fear
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There is neither instigation nor entrapment when the or that he had voluntarily confessed his guilt
violation of the law is simple discovered before the court prior to the presentation of
evidence for the prosecution.
If the one who made the instigation is a private individual, That the offender is deaf and dumb, blind, or
not performing public function, both he and the one induced otherwise suffering some physical defect
are criminally liable for the crime committed: the former, as which thus restricts his means of action,
principal by induction; and the latter, as principal by direct defense, or communication with his fellow
participation. beings.
Such illness of the offender as would diminish the
Assurance of immunity by a public officer does not exempt a exercise of the willpower of the offender
person from criminal liability without however depriving him of
No even the President could give such assurance of immunity consciousness of his acts.
to any violator of the firearm law. His constitutional And, finally, any other circumstances of a similar
power of clemency can be exercised only after nature and analogous to those above-
conviction. mentioned.

Complete defenses in criminal cases RATIONALE: They are based on the diminution (as opposed
(1) Any of the essential element of the crime charged is to complete absence) of either:
not proved by the prosecution and the elements Freedom of action
proved do not constitute any crime Intent, or
(2) The act of the accused falls under any of the Lesser perversity of the offender
justifying circumstances
(3) The case of the accused falls under any of the ORDINARY PRIVILEGED MITIGATING
exempting circumstance MITIGATING
(4) The case is covered by any of the absolutory causes
(5) Guilt of the accused not established beyond Can be offset by any Cannot be offset by any
reasonable doubt aggravating aggravating circumstance
(6) Prescription of crimes circumstance
(7) Pardon by the offended part before the institution of
criminal action in crime against chastity Results in the benefit of Results in the benefit of lowering
lowering the the imposable penalty, whether
CHAPTER THREE imposable penalty to divisible or indivisible, by one or
Circumstances Which Mitigate Criminal Liability the minimum period two degrees

Art. 13. Mitigating circumstance. – The following are They are not Always considered whether the
mitigating circumstances: considered when what imposable penalty is divisible
1. Those mentioned in the preceding chapter, is prescribed is a single or indivisible
when all the requisites necessary to justify the indivisible penalty
act or to exempt from criminal liability in the
respective cases are not attendant.
2. That the offender is under eighteen years of A mitigating circumstance arising from a single fact absorbs
age or over seventy years. In the case of the all the other mitigating circumstance arising from the same
minor, he shall be proceeded against in facts
accordance with the provisions of Article 80.
3. That the offender had no intention to commit
so grave a wrong as that committed. INCOMPLETE JUSTIFYING OR EXEMPTING
4. That sufficient provocation or threat on the CIRCUMSTANCE
part of the offended party immediately
preceded the act. Covers (1) justifying circumstances and (2) exempting
5. That the act was committed in the immediate circumstances
vindication of a grave offense to the one
committing the felony (delito), his spouse, Circumstances which may give place to mitigation:
ascendants, descendants, legitimate, natural or Self-defense
adopted brothers or sisters, or relatives by Defense of relatives
affinity within the same degrees. Defense of strangers
6. That of having acted upon an impulse so State of necessity
powerful as naturally to have produces passion Performance of duty
or obfuscation. Obedience to order of superior
7. That the offender had voluntarily surrendered Minority above 15 but below 18 years of age
himself to a person in authority or his agents, Causing injury by mere accident
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Irresistible Force If the 2nd requisite and the 1st part of the 4th requisite
Uncontrollable fear are absent, the case will fall under Art. 365
(punishes a felony by negligence or imprudence)
Circumstances which CANNOT give place to mitigation: o Mitigating circumstance
Imbecile or insane If the 1st requisite and the 2nd part of the 4th requisite
Mental condition of a person is indivisible are absent, it will be an intentional felony
No middle ground between sanity and insanity, o Not mitigating circumstance
between presence and absence of
intelligence OVER 15 BUT UNDER 18 YEARS OLD, IF THERE IS
Only those whose willpower was diminished, DISCERNMENT OR OVER 70 YEARS OLD
without being deprived of his
consciousness, may be given place to Repealed by RA 9344 (Juvenile Justice and Welfare Act of
mitigation (Art. 13, par. 9) 2006)
Minority below 15 years of age
It is the age of the accused at the time of the commission of
General Rule: Treated as Ordinary Mitigating Circumstance the crime which should be determined. His age at the time of
Exception: Treated as Privileged Mitigating Circumstance (if the trial is immaterial.
majority of the elements of the justifying or exempting
circumstance is present) Legal Effects of Various Ages of Offender:
If the justifying or exempting circumstance has an even 15 and below
(2, 4) number of elements, half of it would Exempt from criminal liability
constitute the majority
Above 15 but below 18
Acted without discernment Exempt
Indispensable Requisites of Justifying and Exempting from criminal liability Subject to
Circumstances an intervention program
CIRCUMSTANCE INDISPENSABLE ELEMENT Acted with discernment Undergo
diversion programs
Self-defense Unlawful aggression
Diversion: alternative, child-appropriate process of
Defense of relatives Unlawful aggression determining the responsibility, and treatment
Defense of strangers Unlawful aggression of a child in conflict with the law on the basis of
his/her social, cultural, economic,
State of Necessity Evil sought to be avoided psychological, or educational background
without resulting to formal court proceedings
actually exists Diversion Program: program that the child in
Performance of Duty The accused acted in the conflict with the law is required to undergo
after he/she is found responsible for an offense
performance of a duty or in the without resorting to formal court proceedings
lawful exercise of right or office System of Diversion
Obedience to Order of The order is issued by a o Imposable penalty is not more than 6 years
imprisonment – mediation, family
Superior superior
conferencing and conciliation
Minority above 15 but Age of minor below 18 years of
Undergone outside criminal justice system
below 18 years of age age or prior to entry into said system
Causing injury by mere The accused in performing a Contract of diversion may be entered into
during these three programs
accident lawful act The child voluntarily admits the
Irresistible Force There is compulsion by means commission of the act, a diversion
program shall be developed.
of physical force Admission shall not be used against
Uncontrollable Fear There is a threat which causes a the child
Effective and binding if accepted by
feat of an evil greater than, or parties concerned
at least equal to which he is Acceptance shall be in writing and
required to commit signed by the parties concerned
and the appropriate authorities
Local social welfare and development
Causing injury by mere accident
officer – supervise implementation
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Diversion proceedings shall be Intention may be ascertained by considering: o

completed within 45 days Weapon used
Period of prescription of the offense o Part of the body injured
shall be suspended until o Injury inflicted
completion of diversion o Manner it is inflicted
proceedings
Child shall presented oneself at least Not applicable when the offender employed brute force
once a month for reporting and Not applicable to felonies where intention is immaterial
evaluation of the effectiveness of (lacking intention)
the program Lack of intention to commit so grave a wrong is not
Failure to comply – give offended appreciated where the offense committed is
party the option to institute the characterized by treachery
appropriate legal action Not applicable to felonies by negligence
Period of prescription – suspended Not applicable in cases where there is no material harm
during effectivity of the diversion done
program, but not exceeding 2 Not applicable in cases of defamation or slander
years
Victimless crime, not more than 6 years IV. PROVOCATION OR THREAT
imprisonment – diversion and
rehabilitation program Provocation: any unjust or improper conduct or act of the
Imposable penalty is more than 6 years offended party, capable of exciting, inciting or irritating any
imprisonment – diversions measures may one.
be resorted only by the court
Diversion may be conducted at the Katarungang Requisite:
Pambarangay, the police investigation or the The provocation must be sufficient
inquest or preliminary investigation stage and
at all levels and stages of the proceedings Sufficient – adequate to excite a person to commit
including judicial level the wrong andmuts accordingly be proportionate to
Punong Barangay its gravity
If imposable penalty is more than 6 years
imprisonment or the child, his parents or As to whether a provocation is sufficient depends
guardians do not consent to a diversion, he upon the following:
shall handle the case, within 3 days from The act constituting the provocation
determination of the absence of The social standing of the person provoked
jurisdiction over the case or termination of The place and time when the provocation is
diversion proceeding as the case may be, made
forward the records of the case to the law
enforcement officer, prosecutor or the It must originate from the offended party
appropriate court
Law Enforcement Officer Provocation as Provocation as a
Forward the records to the prosecutor or judge Requisite of Mitigating
concerned for the conduct of inquest Incomplete Self- circumstance
and/or preliminary investigation
Defense
Over 18 years old Full
criminal liability It pertains to its It pertains to its
Over 70 years old absence on the part of presence on the part of
He committed an offense punishable by death, that the person defending the offended party
penalty shall not be imposed
himself
When the death sentence is already imposed, it shall be
suspended and commuted
Provocation must be immediate to the act, i.e. to the
NO INTENTION TO COMMIT SO GRAVE A WRONG commission of the crime by the person who is
provoked
Rule for the application:
This can be taken into account only when the facts proven Immediate – no interval of time should elapse
show that there is a notable and evident disproportion between the provocation and the commission of the
between the means employed to execute the criminal act crime
and its consequence
Intention, being an internal states, must be judge by
external acts
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The threat should not be offensive and positively strong.

Otherwise, the threat to inflict real injury is an unlawful
aggression which may give rise to self-defense
An attack BEFORE the commencement of the agreed fight is
sufficient provocation, provided that it is not that strong
so as to amount to an unlawful aggression. Otherwise,
the rules on self-defense apply.
Lawful performance of duty does not give rise to sufficient
provocation.
Vague threats are not enough so as to amount to sufficient
provocation. (i.e. “If you do not agree, beware!”)
VINDICATION OF GRAVE ABUSE
Requisites:
There be a grave offense done to the one committing the
felony, his spouse, ascendants, descendants,
legitimate, natural or adopted brothers or sisters,
or relatives by affinity within the same degrees
The felony is committed in vindication of such grave
offense. A lapse of time is allowed between the
vindication and the doing of the grave offense
Immediate – allows for a lapse of time as long as
the offender is still suffering from the mental agony
brought about by the offense to him.
of time.
It is mere spite against the It concerns the honor of a
one giving the provocation person or
threat
VI. PASSION OR OBFUSCATION
Rationale: When there are causes naturally producing in a
person a powerful excitement, he loses his reason and self-
control, thereby diminishing the exercise of his will-power
Rule for its application:
Only when the same arose from lawful sentiments
No mitigating circumstance when:
The act is committed in a spirit of lawlessness
The act is committed in a spirit of revenge
Requisites:
(1) There be an act both unlawful and sufficient to
produce such a condition of mind
(2) The said act which produced the obfuscation was
not far removed from the commission of the crime
by a considerable length of time, during which the
perpetrator might recover his normal equanimity

● The crime committed by the accused must be provoked by

Grave offense – includes any act that is offensive to
the offender or his relatives and the same need not prior unjust or improper acts of the injured party
be unlawful. ● NO mitigating circumstance when more than 24 hours
elapsed between the alleged insult and the commission of
Basis to Determine the Gravity of Offense in the felony or if several hours passed between the cause of
Vindication passion or obfuscation and the commission of the crime,
Social standing of the person ow here at least half an hour intervened between the
Place when the insult was made previous fight and subsequent killing of the deceased by
Time when the insult was made the accused.
● The crime committed must be the result of a sudden
Grave offense must be the proximate cause or proximate to impulse of natural and uncontrollable fury
the act of the offender ● The crime committed must not be planned or calmly
The grace offense must be directed to the person invoking meditated or deliberately fermented by him for a
Vindication of Grave Offense considerable period of time
Vindication of grave offense cannot co-exist with passion or ● Obfuscation may arise from jealousy, provided that it
obfuscation if based on one single fact arises from lawful sentiments. (i.e. not legitimate wife; in
a legitimate relationship)
PROVOCATION VINDICATION ● The cause producing passion or obfuscation must come
from the offended party because it only mitigates that of
the crime committed to him.
It is made directly only to It may be committed also ● Vindication of grave offense cannot co-exist with passion
the person committing the against the offender’s or obfuscation if based on one single fact.
felony relatives mentioned by the ● Offender must act under the impulse of special motives
law ● This mitigating circumstance may be appreciated even if
the reported act causing the obfuscation was not true, as
The cause that brought Offended party must have long as it was honestly and reasonably believed by the
about the provocation need done grave offense to the accused to be true.
not be a grave offense offender or his relatives ● It is incompatible with treachery

It immediately preceded Vindication of the grave General Rule: One single fact cannot be made the basis of a
the act offense may be proximate, different modifying circumstances.
which admits of an interval
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Exception: When there are other facts, although closely member of some court or government corporation,
connected with the fact upon which one circumstance is board or commission.
premised, the other circumstances may be appreciated as
based on other fact. Agent of a Person in Authority - One who by direct
PASSION OR IRRESISTIBLE FORCE provision of the law or by election or by
OBFUSCATION appointment by competent authority is charged
with the maintenance of public order and
Mitigating circumstance Exempting circumstance protection and security of life and property and
Cannot give rise to an Requires physical force any person who comes to the aid of person in
authority [Art. 152, as amended by R.A. 1978]
irresistible force
In the offender himself Come from a third person
NOTE: Surrender must be made to a person in
Arise from lawful Arise from unlawful authority or his agent. Otherwise, a defense will
not be appreciated under this circumstance,
sentiments sentiment although it may be appreciated under paragraph
10, on analogous circumstances.

PASSION OR PROVOCATION c. The surrender was voluntary

OBFUSCATION ● It must be spontaneous – inner impulse acting
without external stimulus
Produced by an impulse Comes from injured party ● There is spontaneity if the surrender is
which may be caused by induced by fear of retaliation by the victim’s
provocation relatives
● Intent of the accused to submit himself
Only required that the Immediately precede the unconditionally to the authorities must be
influence thereof lasts until commission of the crime either because he acknowledges his guilt or he
the moment of the crime is wishes to save them the trouble and expense
committed necessarily incurred in his search and capture
the conduct of the accused determines the
Loss of reason and self- Loss of reason and self- spontaneity of the arrest.
control on the part of the control on the part of the ● In order to appreciate this circumstance, the
offender offender surrender of the accused must precede the
service of warrant of arrest to the accused or
its return when not served because the
VII. VOLUNTARY SURRENDER AND CONFESSION OF
GUILT accused cannot be located.
● Posting of bonds amount to voluntary
Two mitigating circumstance in par. 7, Art. 13 surrender.
Voluntary surrender to a person in authority or his
agents When surrender is considered NOT voluntary
Voluntary confession of guilt before the court prior to Intention to surrender without actually
the presentation of evidence for the prosecution surrendering is not mitigating
Not mitigating when defendant was in fact
arrested
If both are present, they should have the effect of mitigating
as 2 independent circumstances Surrender of weapon cannot be equated with
voluntary surrender. It must be the
VOLUNTARY SURRENDER accused in his person.
Either because he acknowledged his guilt or because he Surrender of accused must not be
wished to save the authorities the trouble and accompanied by a condition.
expenses necessarily incurred in his search and
capture. CONFESSION OF GUILT
Plea of guilty
Requisites:
The offender had not been actually arrested Requisites:
The offender surrendered himself to a person in The offender spontaneously confessed his guilt
authority or his agents The confession of guilt was made in open court, that is,
before the competent court that is to try the case
Person in Authority - One directly vested with The confession of guilt was made prior to the
jurisdiction which is the power to govern and to presentation of evidence for the prosecution
execute the laws, whether as an individual or as a
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NOTE: All that the law requires is voluntary plea of
guilty prior to the presentation of the evidence by
the prosecution. Thus, even if during arraignment,
the accused pleaded not guilty, he is entitled to this
mitigating circumstance as long as he withdraws
his plea of not guilty and thereafter pledges guilty
to the charge before the fiscal could present his
evidence.
A plea of guilty on appeal is NOT mitigating. This
is because the rationale of spontaneous
willingness of the accused to admit to the
commission of the crime charged is absent.
Conditional plea of guilty is not a mitigating
circumstance
Death penalty changed to life imprisonment because of
plea of guilty, even if done during the presentation
of evidence
Plea of guilty to amended information mitigating
When a defendant pleaded guilty, only manifesting that
evident premeditation alleged in the information
did not attende the commission of the crim,e and
when the court required the presentation of
evidecen on premeditation the prosecution failed to
prove it, the plea of guilty is mitigating, because
although the confession was qualified and
introduction of evidence became necessary, the
qualification did not deny the defendant’s guilt and,
what is more, was subsequently justified.
Where the accuse pleads guilty to a capital offense, the
court shall conduct a searching inquiry into the
voluntariness and full comprehension of the
consequences of his plea and shall require he
prosecution to prove his guilt and the precise
degree of culpability.
SEARCHING INQUIRY GUIDELINES
Ascertain from the accused himself (a) how he was
brought into the custody of the law; (b) whether
he had the assistance of a competent counsel
during the custodial and preliminary
investigations; and (c) under what conditions he
was detained and interrogated during the
investigations. This is intended to rule out the
possibility that the accused has been coerced or
placed under a state of duress either by actual
threats of physical harm coming from malevolent
quarters or simply because of the judge's
intimidating robes.
Ask the defense counsel a series of questions as to
whether he had conferred with, and completely
explained to, the accused the meaning and
consequences of a plea of guilty.
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Elicit information about the personality profile of the
accused, such as his age, socio-economic status,
and educational background, which may serve as
a trustworthy index of his capacity to give a free
and informed plea of guilty.
Inform the accused the exact length of imprisonment
or nature of the penalty under the law and the
certainty that he will serve such sentence. For not
infrequently, an accused pleads guilty in the hope
of a lenient treatment or upon bad advice or
because of promises of the authorities or parties
of a lighter penalty should he admit guilt or
express remorse. It is the duty of the judge to
ensure that the accused does not labor under
these mistaken impressions because a plea of
guilty carries with it not only the admission of
authorship of the crime proper but also of the
aggravating circumstances attending it, that
increase punishment.
Inquire if the accused knows the crime with which he
is charged and fully explain to him the elements
of the crime which is the basis of his indictment.
Failure of the court to do so would constitute a
violation of his fundamental right to be informed
of the precise nature of the accusation against
him and a denial of his right to due process.
All questions posed to the accused should be in a
language known and understood by the latter.
The trial judge must satisfy himself that the accused, in
pleading guilty, is truly guilty. The accused must be
required to narrate the tragedy or reenact the
crime or furnish its missing details.
VIII. PHYSICAL DEFECT OF OFFENDER
When the offender is deaf and dumb, blind or otherwise
suffering from some physical defect, restricting his means of
action, defense or communication with other.
The physical defect must relate to the offense committed.
(e.g. blindness does not mitigate Estafa.)
Dumb, Defined
Lacking the power of human speech
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GENERAL RULE: All of the physical defects of the offender

must be proven that such defect restricted his freedom of PRIVILEGED MITIGATING CIRCUMSTANCES
action and understanding. MINORITY (Art. 68)
By virtue of RA 9344 or the Juvenile Justice and
EXCEPTION: Complete blindness (BAR 2011) Welfare Act, minority is always at least a privileged
Requisites: mitigating circumstance
That the offender is deaf and dumb, blind or otherwise Minors below 15 years and below — exempting
suffering some physical defect circumstance
Such defect restricts his means of action, defense, or Minors over 15 years but under 18 acting
communications with his fellow beings without discernment — exempting
The defect must relate to the crime committed circumstance
Minors over 15 years but under 18 acting with
NOTE: This paragraph does not distinguish between the discernment — privileged mitigating
educated and uneducated person with physical defects. under Art. 68

IX. ILLNESS OF THE OFFENDER MAJORITY OF THE REQUIREMENTS TO JUSTIFY OR

EXEMPT IS PRESENT (Art. 69)
Requisites:
The illness of the offender must diminish the exercise of NOTE: When the circumstance only requires two
his will-power elements, the presence of one is considered a
Such illness should not deprive the offender of majority. This is a privileged mitigating
consciousness of his acts circumstance which cannot be offset by any
aggravating circumstance and is considered even if
If completely lost the exercise of will power, it may be an the penalty prescribed is single and indivisible
exempting circumstance. under par. 1 of Art. 63. (People vs Oanis)

SIMILAR OR ANALOGOUS CIRCUMSTANCES If there is only one or less than majority of the
elements present, the incompleteness is a mitigating
Examples: circumstance under Art. 13, and can be offset by a
Over 60 years old with failing sight, similar to over 70 generic aggravating circumstance.
years of age under par. 2.
The act of the accused leading the law enforces to the SPECIFIC MITIGATING CIRCUMSTANCES
place where he buried the instruments he used to Voluntary release within three days; without attaining
commit the crime are similar to voluntary purpose; before criminal action (Illegal Detention)
surrender. Abandonment of spouse (Adultery)
Extreme poverty, as similar to a state of necessity, which Intent to conceal dishonor of mother
may apply to crimes against poverty but not (Infanticide/Abortion)
violence, such as murder.
Outraged feeling of unpaid creditor, as kin to CHAPTER FOUR
vindication and obfuscation. Circumstances Which Aggravate Criminal Liability
Appeal to the spirit de corps of the accused, as
analogous to passion. Art. 14. Aggravating Circumstance. – The following are
Wartime state of confusion resulting in illegal aggravating circumstances:
possession of firearm after the liberation, as being That advantage be taken by the offender of his
similar to lack of intent to commit so grave a public position.
wrong. That the crime committed in contempt of or with
Voluntary return of funds malversed by the accused, as insult to the public authorities.
equivalent to voluntary surrender. (BAR 2011) That the act be committed with insult or in disregard
Testifying for the prosecution without being discharged of the respect due to the offended party on
from the information, as being like a plea of guilty 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.
That the act be committed with abuse of
CIRCUMSTANCES WHICH ARE NEITHER EXEMPTING confidence of obvious ungratefulness.
NOR MITIGATING: That the crime be committed in the palace of the
Mistake in the blow (aberratio ictus) Chief Executive, or his presence, or where
Mistake in the identity public authorities are engaged in the
Entrapment discharged of their duties, or in a place
Accused is over 18 years of age dedicated to religious worship.
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6. That the crime be committed in the nighttime, That the wrong done in the commission of the
on in an uninhabited place, or by a band, crime be deliberately augmented by causing
whenever such circumstances may facilitate other wrong not necessary for its commission.
the commission of the offense.
Whenever more than three armed malefactors Aggravating Circumstance
shall have acted together in the commission of Those which, if attendant in the commission of the
an offense it shall be deemed to have been crime, serve to increase the penalty without,
committed by a band. however, exceeding the maximum of the penalty
7. That the crime be committed on the occasion provided by law for the offense
of a conflagration, shipwreck, earthquake, Basis: greater perversity of the offender in the
epidemic or other calamity or misfortune. commission of the felony as shown by:
8. That the crime be committed with the aid of o Motivating power itself
armed men or persons who insure or afford o Place of commission
impunity. o Means and ways employed
9. That the accused is a recidivist. o Time
A recidivist is one who, at the time of his trial o Personal circumstances of the offender or the
for one crime, shall have been previously offended party
convicted by final judgment or another crime
embraced in the same title of this Code. Kinds of Circumstances:
10. That the offender has been previously Generic – those that can be generally apply to all crimes
punished for an offense to which the law Specific – those that apply only to particular crimes
attaches an equal or greater penalty or for two
Qualifying – those that change the nature of the crime
or more crimes to which it attaches a lighter
Inherent- those that must of necessity accompany the
penalty. commission of the crime
11. That the crime be committed in consideration
Which in themselves constitute a crime
of a price, reward, or promise. specially punishable by law
12. That the crime be committed by means of
Which are included by law in defining a crime
inundation, fire, poison, explosion, stranding a
vessel or intentional damage thereto, Inerent in the crime to such degree that it must
be of necessity accompany the commission
derailment of a locomotive, or by the use of any
thereof
other artifice involving great waste and ruin.
Inherent in other aggravating circumstance
13. That the act be committed with evident
premeditation. Special – those which rise under special conditions to
14. That the craft, fraud, or disguise be employed. increase the penalty of the offense and cannot be
offset by mitigating circumstances.
15. That the advantage be taken of superior
Quasi-recidivism
strength, or means be employed to weaken the
Complex crimes
defense.
Error in personae
16. That the act be committed with treachery
(alevosia) Taking advantage of public position and
There is treachery when the offender commits membership in an organized//syndicated
crime group
any of the crimes against the person,
employing means, methods, or forms in the Use of unlicensed firearm in homicide or
murder
execution thereof which tend directly and
specially to insure its execution, without risk
to himself arising from the defense which the GENERIC AGGRAVATING QUALIFYING
offended party might make. AGGRAVATING
17. That means be employed or circumstance As to its effects
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. Increases the penalty which To give the crime its proper
19. That as a means to the commission of a crime a should be imposed upon and exclusive name and to
wall, roof, floor, doo, or window be broke. the accused to the place the author thereof in
20. That the crime be committed with the aid of maximum period but such a situation as to
persons under fifteen years of age or be means without exceeding the limit deserve no other penalty
of motor vehicles, airships, or other similar prescribed by law than that specially
means. prescribed by law for said

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crime As a means by which he realizes his purpose, the public

As to whether it can be offset by mitigating circumstances officer must use:
Influence
May be offset by an Cannot be offset by a
Prestige
ordinary mitigating mitigating circumstance
Ascendancy
circumstances since it is since it is considered an
Did the accused abuse his office in order to commit the
not an ingredient of the ingredient of the crime crime?
crime
It cannot be taken into consideration in offenses where
taking advantage of official position is an integral
Rules on Aggravating Circumstance
element of a crime. (malversation and corruption)
Aggravating circumstance shall not be appreciated if:
The constitute a crim especially punishable by law It is also inherent in the case of accessories under Art. 19
par 3.
Thy are included by the law in defining a crime and
prescribing the penalty therefor RA 7659 provides that crimes committed by a public
officer will be given the penalty prescribed at its
The same rule shall apply with respect to any aggravating maximum, regardless of the nature and number of
circumstance inherent in the crim eto such a degree mitigating circumstances
that it must of necessity accompany the commission
thereof Not aggravating if accused could have perpetuated the
crime without occupying public position
Aggravating circumstance which rise from the sources listed
below shall only serve to aggravate the liability of the In contempt of or with insult to the public
principals, accomplices, ad accessories as to whom such
authorities
circumstances are attendant:
From the moral attributes of the offender
From his private relations with the offended party Basis: greater perversity of the offender, as shown by his lack
of respect for the public authorities
From any other personal cause
The circumstances which consist of the following shall serve Requisites:
to aggravate the liability of those persons only who had
The public authority is engaged in the exercise of hiss
knowledge of them at the time of the execution of the
functions
act or their cooperation therein
In the material execution of the act
In the means employed to accomplish it Public Authority – a public officer who is directly
vested with jurisdiction, that is, a public officer who
Aggravating circumstances, regardless of its kinds, should be has the power to govern and execute laws
especially alleges in the information AND proved as fully
as the crime itself in order to increase the penalty. Such
circumstances are not presumed. Teachers or professors of a public school or
recognized private school and lawyers are NOT
(Generic aggravating circumstances, even if not alleged public authority within the contemplation of this
in the information, may be proven during trial over the paragraph
objection of the defense and may be appreciated in
imposing the sentence – exemplary damages)
The public authority is not the person against whom the
When there are more than one qualifying aggravating crime is committed
circumstances present, one of them will be appreciated
as qualifying aggravating while the others will be
considered as generic aggravating When crime committed is against a public authority
while he is in the performance of his official duty,
the offender commits direct assault
The aggravating circumstances of evident premeditation,
dwelling and unlawful entry, not having been alleged in The offender knows him to be a public authority
the Information, may not now be appreciated to enhance
the liability of accused-appellant.
Lack of knowledge = no intention to insult the
If not alleged, can only be considered as bases for the public authority
award of exemplary damages
His presence has not prevented the offender from
That advantage be taken by the offender of
committing the criminal act
his public position
That the act be committed:
Basis: greater perversity of the offender, as shown by the With insult or in disregard of the
personal circumstance of the offender and also by the means respect due the offended party on
used to secure the commission of the crime Applicable only
when the offender is a public officer
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account o his (a) rank, (b) age, or (c)
sex
That it be committed in the dwelling of the
offended party, if the latter has not
given provocation
Basis: greater perversity of the offender, as shown by the
personal circumstance of the offended party and the place of
the commission of the crime
Rank of the offeded paerty
There must be a difference in the scial condition of the
offender and the offended party
The designation or title of distinction used to fix the
relative position of the offended party in reference
to others
The offender must have a superiority over the offended
party in terms of the invoked social condition
Age of the offended party
May refer to old age or the tender age of the victim
Sex of the offender party
Female sex only
Absorbed in treachery
If all four circumstances are present, they have the
wight of one aggravating circumstance only
The circumstance (rank, age, or sex) may be taken into
account only in crimes against persons or honor
Offender must deliberately offended the ran, age, or sex
of the offended party
Aggravating circumstance of disregard of rank,, age, or sex
is NOT APPLICABLE in the following cases
When the offender acted with passion and obfuscation
When there exist a relationship between the offended
party and the offender
When the condition of being a woman is indispensable
in the commission of the crime
In parricide, rape, abduction and seduction, sex
is not aggravating
Dwelling
A building or structure, exclusively used for rest and
comfort
Basis: greater perversity of the offender, as shown by
the place of the commission of the offense
The sanctity of privacy the law accords to human abode
Sanctuary worthy of respect
Does not mean permanent residence or domicile
What aggravates the commission of the crime in one’s
dwelling
The abuse of confidence which the offended party
reposed in the offender by opening the door to him
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The violation of the sanctity of the home by trespassing
therein with violence or against the will of the
owner
Offended party must not give provocation
Given by the owner of the dwelling
Sufficient
Immediate to the commission of the crime
If all are present, dwelling is not an aggravating
circumstance
It is not necessary that the accused should have actually
entered the dwelling of the vitim to commit the
offense
The aggravating circumstances of dwelling requires
that the crim ebe wholly or partly committed
therein or in any integral part thereof
Even if the killing took place outside the dwelling, it is
aggravating provided that the commission of the
crime bega in the dwelling
Dwelling may mean “temporary dwelling”
The victim need not be the owner or occupant of the
dwelling where he was shot
Dwelling is not absorbed in treachery
Dwelling includes dependenies, the foot of the staircase
and enclosure under the house
Dwelling is not aggravating in the following cases:
When both offender and offended party are occupants
of the same house
Exception: in case of adultery in the conjugal
dwelling, the same is aggravating. HOWEVER, if the
paramour also dwells in the conjugal dwelling, the
applicable aggravating circumstance is abuse of
confidence
When the robbery is committed by the use of force upon
things, dwelling is not aggravating because it is
inherent
In the crime of trespass to dwelling, it is inherent or
included by law in defining the crime
When the owner of the dwelling gave sufficient and
immediate provocation
When the dwelling where the crime was committed did
not belong to the offended party
When the rape was committed in the ground floor of a
two-story structure, the lower floor being used as a
video rental store, and not as a private place of
abode or residence
Dwelling was found aggravating although the crimes were
committed not in the dwelling of the victims
The victim was raped in the boarding house where she
was a bedspacer
The victim was raped in the paternal home where she
was a guest
IV. (1) Abuse of confidence or (2) obvious
ungratefulness
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Basis: greater perversity of the offender, as shown by the

means and ways employed
Abuse of Confidence
When the offended party has trusted the offender who
later abuses such trust by committing the crime
The culprit took advantage of the offended party’s belief
that the former would not abuse said confidence
Requisites of abuse of confidence
The offender party had trusted the offender
The offender abused such trust by committing a crime
against the offended party
The abuse of confidence facilitated the commission of
the crime
The confidence between the offender and the offended party
must be immediate and personal
It is inherent in malversation, qualified theft, estafa by
conversion or misappropriation, and qualified seduction
Requisites of Obvious Ungratefulness
The offended pary haf trusted the offender
The offender abused such trust by committing a crime
against the offended party
That tha act be committed with obvious ungratefulness
Must be dedicated to public religious worship; private
chapels are not included
There must be an intention to desecrate the place
dedicated to public religious worship
The President need not be in the Palace to aggravate
the liability of the offender. As long as he was
present, and his presence is known to the accused
when he committed the crime
Except for the third which requires that the official
functions are being performed at the time of the
commission of the crime, other place mentioned are
aggravating per se even if no official duties or acts
of religious worship are being conducted there
Cemeteries are not considered as place dedicated to the
worship of God
Offender must have intention to commit ac crime when
he entered the place
An electoral precinct or polling place during Election
Day is a place “where public authorities are
engaged in the discharge of their duties
VI. Crime be committed in:
Nighttime
Uninhabited place
By a band

The ungratefulness contemplated by the said paragraph Basis: time and place of the commission of the crime and
must be such obvious, clear and manifest gratitude o the means and ways employed
part of the accused
When all 3 circumstance are present in the same case and
Crime be committed in: their element are distinctly palpable and can subsist
(1) Pace of the Chief Executive independently, they shall be considered separately
In his presence No applicable when the mitigating circumstances of passion
Where public authorities are engaged in the or obfuscation or sufficient provocation are present in the
discharge of their duties commission of the crime
In a place dedicated to religious worship
Nighttime, uninhabited place or band are aggravating
Basis: greater perversity of the offender, as shown by the when:
place of the commission of the crime, which must be It facilitated the commission of the crime
respected Especially sought for by the offender to insure the
commission of the crime of for the purpose of
Place where public Contempt in or insult to impunity
authorities are engages public authorities The offender took advantage thereof for the purpose of
in the discharge of their impunity
duties
Nighttime
Public authorities are in Public authorities are in That period of darkness beginning at end of dusk and
the performance of their the performance of their ending at dawn. Nights are from sunset to sunrise.
duties duties Must be alleged in the Information that it was used to
Performing their duties in Performing their duties commit the offense. Bare statement that the crime
happened in during nighttime is unsatisfactory
their office outside of their office It is necessary that the commission of the crime has
Public authority may be Public authority should not begin and completed at nighttime and the accused
took advantage of the nighttime
the offended party be the offended party This circumstance may also be appreciated if the crime
happened at a dimly lit place, whether or not it was
actually nighttime or daytime
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When the place of the crime is illuminated by light, VII. On the occasion of a conflagration,
nighttime is not aggravating shipwreck, earthquake, epidemic, or other
It cannot be applied when it is an accidental meeting or calamity or misfortune
a chance encounter
Circumstances of nighttime, although not specially Basis: time of the commission of the crime
sought for, shall aggravate criminal liability if it
facilitated the commission of the offense or the The offender must take advantage of the calamity or
offender took advantage of the same to commit the misfortune
offense
Lighting of matchstick or use of flashlights does not Instead of lending aid to the afflicted, adds to their suffering
negate appreciation of this circumstance by taking advantage of their misfortune to despoil them
General Rule: Absorbed in treachery
Exception: where both the treacherous mode of If provocation is attendant, this cannot be considered as
attack and nocturnity were deliberately decided aggravating circumstance
upon in the same case, they can be considered
separately if such circumstances have different “other calamity or misfortune”: other conditions of distress
factual bases similar to those previously enumerated
Uninhabited Place
Uninhabited place: where there are no houses at all, a VIII. With aid of:
place at a considerable distance from town, or Armed men
where the houses are scattered at a great distance Persons who insure or afford impunity
from each other
The determining factor for the existence of this Basis: means and ways of committing the crime
circumstance is the reasonable possibility of the
victim receiving or securing aid from third persons Requisites:
This should not be considered when the place whrer the Armed men or persons took part in the commission of
crime was committed could be seen and the voice of the crime, directly or indirectly
the deceased could be heard from a nearby house The accused availed himself of their aid or relied upon
It must appear that the solitude of the pace where the them when the crime was committed
crime was committed was sought in order to better
attain the purpose Casual presence of armed men does not constitute an
The offenders must choose the place as an aid either aggravating circumstance when it appears that the accused
(1) to an easy and uninterrupted accomplishment did not avail himself of their aid or rely upon them to
of their criminal designs, or (2) to insure commit the crime
concealment of the offense, that he might thereby This requires that the armed men are ACCOMPLICES who
be better secure against detection and punishment take part in that minor capacity directly or indirectly, and
Cannot be considered if the accused did not select the not when they were merely present at the crime scene.
place either to better attain ttheir object without Neither should constitute a band, for then the proper
interference or to secure themselves against aggravating circumstance would be “by a band”
detection and punishment
Band When this aggravating circumstance shall NOT be
Band – more than 3 armed malefactors shall have acted considered
together in the commission of an offense When both the attacking party and the party attacked
The four armed persons must ALL be principals by were equally armed
direct participation who acted together in the When the accused as well as those who cooperated with
execution of the acts constituting the crime, in this him in the commission of the crime acted under the
case, conspiracy is presumed. same place and for the same purpose
If one of the four armed persons is a principal by
inducement, they do not form a band BY A BAND WITH THE AID OF
Not applicable to crime against chastity (rape) ARMED MEN
Considered in crimes against property and in crimes
against persons. As to their member
Must be used to the advantage of committing the crime Requires more than 3 At least two
When the armed men met up casually with others, and a armed malefactors
crime was thereafter committed, it cannot be
considered as an aggravating circumstance As to their action

Requires that more than 3 This circumstance is

armed malefactors shall present even if one of the
have acted together in the offenders merely relied on
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commission of an offense their aid, for actual aid is since pardon does not obliterate the fact of his prior
not necessary conviction.
There is no recidivism if the subsequent conviction is for an
As to their liability offense committed before the offense involved in the
prior conviction. (i.e. Crime 1 committed before Crime
Band members are all Armed men are mere
2. Accused was convicted of Crime 2 first before Crime
principals accomplices 1. There is no recidivism.)

● Mere moral or psychological aid or reliance is PARDON AMNESTY

sufficient to constitute this aggravating offense.
● If there are four armed men, aid of armed men is The first conviction is still The first offense is no
absorbed in employment of a band. counted to make him a longer counted to make the
● “Aid of armed men” includes “armed women” recidivist. Pardon does not accused a recidivist. In the
● Persons who insure or afford impunity must have or obliterate the fact of his case of amnesty, it
be in a position of afford impunity (e.g. A judge) prior conviction. theoretically considers the
previous transgressions as
IX. Recidivist not punishable. According
to article 89, amnesty
Basis: greater perversity of the offender, as shown by his extinguishes the penalty
inclination to crimes and all its effects.

Recidivist
One who, at the time of his trial for one crime shall have That the offender has been previously
been previously convicted by final judgment of punished:
another crime embraced in the same title of the RPC For an offense to which the law attaches an
Entitled to the benefits of the indeterminate sentence equal or greater penalty
law but is disqualified from availing credit of his For two or more crimes which it attached a
preventive imprisonment lighter penalty

Requisites: Basis: greater perversity of the offender as shown by his

The offender is on trial for an offense inclination to crimes
He was previously convicted by final judgment of
another crime Requisites of habituality:
Both the first and second offenses are embraced in the The accused is on trial for an offense
same title of the Code He previously served sentence for another offense to
The offender is convicted of the new offense which the law attaches an equal or greater penalty
or for two or more crimes to which it attaches
It is sufficient that the succeeding offense be committed lighter penalty than that for the mere offense
after the commission of the preceding offense He is convicted of the new offense
provided that at the time of his trial for the second
offense, the accused had already been convicted of Since reiteracion provides that the accused has duly
the first offense served the sentence for his previous conviction/s, or
If both offenses were committed on the same date, they is legally considered to have done so, quasi-
shall be considered as only one; hence, they cannot recidivism cannot at the same time constitute
be separately counted in order to constitute reiteracion, hence this aggravating circumstance
recidivism. Also, judgment of conviction handed cannot apply to a quasi-recidivist.
down on the same day shall be considered as only If the same set of facts constitutes recidivism and
one conviction. reiteracion, the liability of the accused should be
To prove recidivism, it is necessary to allege the same in aggravated by recidivism which can easily be
the information and to attach thereto a certified proven.
copy of the sentences rendered against the accused.
Recidivism must be taken into account no matter how REITERACION RECIDIVISM
many years have elapsed between the first and
As to the first offense
second felonies.
Even if the accused was granted a pardon for the first It is necessary that the It is enough that a final
offense, but he commits another felony embraced in offender shall have served judgment has been
the same title of the code, the first conviction is still out his sentence for the rendered in the first offense
counted to make him a recidivist first offense

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As to the kind of offense involved The price, reward or promise need not consist of or refer
to material things or that the same were actually
The previous and Requires that the offenses delivered.
subsequent must not be be included in the same It is sufficient that the offer made by the principal by
embraced in the same title title of the Code inducement be accepted by the principal by direct
of the Code participation before the commission of the offense.
As to frequency If alleged as a General If alleged as Qualifying
Not always an aggravating Always to be taken into Circumstance Circumstance
circumstance consideration in fixing the Only the liability of the Both the liability of the
penalty to be imposed upon receiver is affected giver and the receiver are
the accused affected

XII. That the crime be committed by means of:

Inundation
Four Forms of Repetition Fire
Recidivism Generic aggravating Poison
circumstance Explosion
Stranding of a vessel or international damage
Reiteracion or Habituality Generic aggravating
thereto
circumstance Derailment of a locomotive
Multi-recidivism or Extraordinary aggravating By the use of any other artifice involving great
waste and ruin
habitual delinquency circumstance
Quasi-recidivism Special aggravating Basis: means and ways employed

circumstance When another aggravating circumstance already

Habitual Delinquency
A person is a habitual delinquent if within a period of
ten years from the date of his (last) release or last
conviction of the crimes of serious or less serious
physical injuries, robbery, theft, estafa, or
falsificación, he is found guilty of any of said crimes
a third time or oftener.
Quasi-recidivism
Any person who shall commit a felony after having been
convicted by final judgment, before beginning to
serve such sentence, or while serving the same, shall
be punished by the maximum period of the penalty
prescribed by law for the new felony.
XI. In consideration of a price, reward, or
promise
Basis: greater perversity of the offender as shown by the
motivating power itself.
There must be two or more principals, the one who gave The crime is committed by
or offered the price or promise and the one who
accepted it, both of whom are principals.
This is appreciated in cases of principal by inducement.
ruin
If without previous promise it was given voluntarily
after the crime had been committed, it should not
be taken into consideration for the purpose of
increasing the penalty.
qualifies the crime, any of these aggravating
circumstances shall be considered as a generic
aggravating circumstance only.
When there is no actual design to kill a person in
burning a house, it is plain arson even if a person is
killed. Had there been intent to kill, the crime
committed is murder, qualified by circumstance
that the crime was committed “by means of fire”.
“Fire”, “explosion”, and “derailment of locomotive” may
be inherent in a particular crime, such as arson,
crimes involving destruction, and damages and
obstruction to means of communication. In these
cases, they do not serve to increase the penalty.
Unless used by the offender as a means to accomplish a
criminal purpose, any of the circumstances in this
paragraph cannot be considered to increase the
penalty or to change the nature of the offense, as
opposed to paragraph 7.
Par. 12 “by means of Par. 7 “on the occasion of
inundation, fire, etc” a conflagration,
shipwreck, etc.”
The crim is committed on
means of any such acts the occasion of a calamity
involving great waste or or misfortune wherein the
offender takes advantages
of the said circumstance
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XIII. Evident premeditation

Craft and fraud may be absorbed in treachery if they
Basis: ways of committing the crime, because evident have been deliberately adopted as the means,
premeditation implies a deliberate planning of the act methods or forms for the treacherous strategy, or
before executing it they may co-exist independently.
When the accused pretended to be buyers of the store so
May be considered as to principal by induction that they could get close to the victim, such is
Premeditation may not be appreciated absent any proof as sufficient for the AC to attach. (People v Empacis)
to how and when the plan to kill was hatched or what time
elapsed before it was carried out FRAUD CRAFT

Requisites: the prosecution must prove The act of the accused done The act of the accused done
The time when the offender determined to commit the in order to create a direct in order not to arouse the
crime inducement by insidious suspicion of the victim
An act manifestly indicating that the culprit has cling to words or machinations constitutes craft
his determination
A sufficient lapse of time between the determination and This is characterized by the intellectual or mental rather
execution, to allow him to reflect upon the than physical means to which the criminal resort to carry
consequence of his act and to allow his conscience out his design
to overcome the resolution of his will
Disguise (disfraz), defined
Mere threats without the second element do not show
evident premeditation. Resorting to any device to conceal identity.
Three hours or less can be considered as sufficient lapse
of time. The test of disguise is whether the device or contrivance
Evident premeditation is presumed to exist when resorted to by the offender was intended to or did
conspiracy is directly established. make identification more difficult, such as the use of
a mask or false hair or beard.
Premeditation is absorbed by reward or promise but
only insofar as the inducer is concerned since he
It is aggravating when:
obviously reflected thereon in planning the crime
but not the person induced since one can be a The accused is not recognized because of his disguise.
principal by direct participation without the benefit The accused was masked, even though it fell off.
of due reflection.
Evident premeditation, while inherent in robbery, may Not aggravating when:
be aggravating in robbery with homicide if the In spite of the accused’s mask, he was nevertheless
premeditation included the killing of the victim. objectively identifiable because his key facial
It is a General Rule that evident premeditation is not features are apparent.
applicable in error in personae or aberratio ictus, When disguise is not purposely sought by the offender to
except if there was a general plan to kill anyone to conceal his identity.
commit the crime premeditated.
Evident premeditation is compatible with the mitigating XV. (1) superior strength or (2) to weaken the
circumstance of immediate vindication of a relative defense
for a grave offense.
Grudge or resentment is not a conclusive proof of Advantage – use purposely excessive force out of proportion
evident premeditation to the means of defense available to the person attacked

XIV. (1) craft, (2) fraud, or (3) disguise be No advantage of superior strength in the following:
employed One who attacks another with passion and obfuscation
does not take advantage of superior strength.
Basis: means employed in the commission of the crime When a quarrel arose unexpectedly and the fatal blow
was struck at a time when the aggressor and his
Craft (astucia), defined victim were engaged against each other as man to
Involves the use of intellectual trickery or cunning on man.
the part of the accused to aid in the execution of his When the attack was made on the victim alternately.
criminal design.

Fraud (fraude), defined

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Insidious words or machinations used to induce the
victim to act in a manner which would enable the
offender to carry out his design

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In order to appreciate this circumstance, there must be The offender consciously adopted the particular means,
notorious inequality of forces between the parties method, or form of attack employed by him
and the accused takes advantage of the same.
For abuse of superior strength, the test is the relative Rules regarding treachery:
strength of the offender and his victim. Applicable only to crimes against persons.
When there are several offenders participating in the Means, methods or forms need not insure
crime, they must all be principals by direct accomplishment of crime.
participation and their attack against the victim The mode of attack must be consciously adopted.
must be concerted and intended to be so. Treachery is taken into account even if the crime
Abuse of superior strength is also present when the against the person is complexed with another felony
offender uses a weapon which is out of proportion involving a different classification in the Code.
to the defense available to the offended party. The suddenness of attack does not, of itself, suffice to
There is abuse of superior strength when a man attacks support a finding of alevosia, even if the purpose
a woman with a weapon. was to kill, so long as the decision was made all of a
In parricide against the wife, it is generally accepted sudden and the victim’s helpless position was
that the husband is physically stronger than the accidental.
wife. Treachery must be appreciated in the killing of a child
Abuse of superior strength absorbs cuadrilla (band) even if the manner of attack is not shown
Treachery is appreciated when the accused employed
The means employed may amount to treachery when the means to render the victim defenseless before the
victim is not able to put up any sort of resistance commission of the crime, or to eliminate the risk of
defense on the part of the offended party.
Advantage be To deliberately use excessive force
taken that is out of proportion to the TITLE THREE
means for self-defense available to Penalties
the person attacked.
CHAPTER ONE
Means employed The offender employs means that Penalties in General
weaken defense materially weakens the resisting
power. Penalty
Suffering that is inflicted by the State for the
transgression of a law
Examples of “means employed to weaken defense”: Signifies pain
Where one, struggling with another, suddenly throws a Suffering undergone because of the action of human
cloak over the head of his opponents and while in society, by one who commits a crime
this situation he wounds or kills him.
One who, while fighting with another, suddenly casts Different juridical conditions of penalty: (Classical School)
sand or dirt upon the latter eyes and then wounds Productive of suffering – without however affecting the
or kills him. integrity of the human personality
NOTE: This circumstance is applicable only to crimes Commensurate with the offense – different crimes,
against persons, and sometimes against persons and different punishment
property, such as robbery with physical injuries or homicide.
Personal – no one should be punished for the crime of
another
XVI. Treachery Legal – consequence of a judgment according to law
Certain – no one may escape its effects
Basis: means and ways employed in the commission of the Equal for all
crime Correctional
Treachery, defined Purpose in punishing crimes
Present when the offender commits any of the crimes Secure justice
against persons, employing means, methods or
forms in the execution thereof which tend directly Theories justifying penalty:
and specially to insure its execution, without risk to Prevention
himself arising from the defense which the offended Self-defense
party might make. Reformation
Exemplarity
Requisites: Justice
At the time of the attack, the victim was not in a position
to defend himself

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