CRIMINAL LAW

(Revised Penal Code – Book 1)

CHIVAS GOCELA DULGUIME, R.C., MSCJ, J.D.
 What is Criminal Law?
• Is that branch or division of law which defines
crimes, treats of their nature, and provide for
their punishment.
 Sources of Criminal Law
1. The Revised Penal Code
2. Special Penal Laws passed by the Philippine
Commission, Philippine Assembly, Philippine
Legislature, National Assembly, the Congress
of the Philippines, and the Batasang
Pambansa.
3. Penal Presidential Decrees issued during
Martial law
 Limitations on the power of the law making body to
enact penal legislation under the Phil. Constitution:

1. No ex post facto law or bill of attainder shall

be enacted.

2. No person shall be held to answer for a

criminal offense without due process of law.
 An ex post facto law is one which:
• Makes criminal an act done before the passage of the law
and was innocent when done, and punishes such an act.
• Aggravates a crime, or make it greater than it was, when
committed;
• Changes the punishment and inflicts a greater punishment
than what the law provides;
• Alters the legal rules of evidence, and authorizes conviction
upon less or different testimony than the law required at
the time of the commission of the offense;
• Deprives a person accused of a crime some lawful
protection to which he has become entitled.
 Theories of Criminal Law
1. Classical/Juristic Theory
2. Positivist Theory
3. Eclectic/Mixed Theory
 Characteristics of Criminal Law
1. Generality
2. Territoriality
3. Prospectivity
 I. GENERAL

Gen. Rule: Criminal law is binding to

all persons living or sojourning in the
Philippine territory.
Exceptions to the General application of
Criminal Law:
1. Treaties or treaty stipulations
Ex. Visiting Forces Agreement
2. Law of Preferential application
Ex. Diplomatic Representatives
And their Domestic Servants under R.A. 75.
3. Public International Law
Ex.
1. Sovereign and other head of state
2. Ambassadors, ministers plenipotentiary,
ministers resident, and charges d’affaires
 II. TERRITORIAL
Gen. Rule: Penal laws are applicable within
Philippine territory.

Exception: Those provided under Article 2 of

the Revised Penal Code which shall be
enforced even outside of the jurisdiction of
the Philippines.
 III. PROSPECTIVE
Gen. Rule: A penal law cannot make an act
punishable in a manner in which it was not
punishable when committed.

- As provided in Article 366 of the RPC, crimes

are punished under the laws in force at the
time of their commission.
Exception to the Prospective application or
Retroactive application of Criminal law:
1. Whenever the new statute dealing with
crime establishes conditions more lenient or
favourable to the accused; and
2. The accused is not a habitual delinquent.
 Mala In Se VS Mala Prohibita
• Mala Inse are those crimes considered wrongful from their nature, such as
theft, rape, homicide, and etc.
• Mala Prohibita are those considered wrong merely because prohibited by
the statute, such as illegal possession of firearms.
• Mala Inse are those so serious in their effects on society as to call for
almost unanimous condemnation of its members.
• Mala Prohibita are violations of mere rules of convenience design to secure
a more orderly regulation of the affairs of society.
• In acts mala inse, the intent governs; but in those mala prohibita, the only
inquiry is, has the law been violated?
• Mala Inse refers generally to felonies defined and penalized by the RPC;
while Mala Prohibita refers generally to acts made criminal by special laws.
– However, when the acts are inherently immoral, they are Mala Inse, even if
punished by special laws.
ACT NO. 3815 – REVISED PENAL CODE

Article 1. Time when Act takes effect – This

code shall take effect on January 1, 1932.

- RPC is divided into two (2) books, Book I and

II. Book I has five (5) titles while Book II has
fifteen (15) titles.
 Book I of the R.P.C.:
1. Felonies and Circumstances which Affect
Criminal Liability
2. Persons Criminally Liable
3. Penalties
4. Extinction of Criminal Liability
5. Civil Liability
Extra – Territorial Application of the RPC:

Article 2. Application of its provisions. – Except

as provided in the treatise and laws of
preferential application, the provisions of this
Code shall be enforced not only within the
Philippine Archipelago, including its
atmosphere, its interior waters and maritime
zone, but also outside of its jurisdiction
against those who:
1. Should commit an offense while on the Philippine ship
or airship;
2. Should forge or counterfeit any coin or currency note of
the Philippine Islands or obligations and securities
issued by the Government of the Philippine Island;
3. Should be liable for acts connected with the
introduction into these Islands of the obligations and
securities mentioned in the preceding number;
4. While being public officers or employees, should
commit an offense in the exercise of their functions; or
5. Should commit any of the crimes against national
security and the law of nations, defined in Title One of
Book Two of this Code.
Rules as to Jurisdiction over crimes committed
aboard foreign merchant vessels:
1. French Rule – Such crimes are not triable in
the courts of that country, unless their
commission affects the security of the
territory or the safety of the state is
endangered.
2. English Rule – Such crimes are triable in that
country, unless they merely affect things
within the vessel or they refer to the internal
management thereof.
 Title One: Felonies and
Circumstances Which Affect
Criminal Liability
Chapter One: FELONIES
 ARTICLE 3. Definition:
Acts and omissions punishable by law are
felonies (delitos).
Felonies are committed not only by means
of deceit (dolo) but also by means of fault
(culpa).
There is deceit when the act is performed
with deliberate intent; and there is fault when
the wrongful act results from imprudence,
negligence, lack of foresight, or lack of skill.
 Elements of Felonies

1. That there must be an act or omission.

2. The act or omission must be punishable by
the R.P.C.
3. That the act is performed or the omission
incurred by means of dolo or culpa.
 Classification of Felonies According to the
means by which they are committed:
1. Intentional Felony – the act or omission of the
offender is with malice and the injury cause to
another is intentional.

2. Culpable Felony – the act or omission is not

malicious and the injury caused is unintentional , it
being simply incident of another act performed
without malice. Hence, such wrongful act results
from imprudence, negligence, lack of foresight, or
lack of skills.
 Requisites of Dolo or Malice:

1. FREEDOM
2. INTELLIGENCE
3. INTENT
Criminal Intent is necessary in felonies committed by
means of dolo because of the following:

1. Actus Non Facit Reum, Nisi Mens Sit Rea –

the act itself does not make a man guilty
unless his intention were so.

2. Actus Me Invito Factus Non Est Meus Actus

– an act done by me against my will is not my
act
 General Intent VS Specific Intent
General Intent – simply requires that the person
intended to perform the act in question.

Specific Intent – requires that a person has a

subjective desire or knowledge that their actions
would bring about illegal conduct.
 Mistake of Fact
(Ignorantia Facti Excusat)
• It is a misapprehension of fact on the part of the person who
caused injury to another.
• He is not however, criminally liable, because he did not act
with criminal intent.
• An honest mistake of fact destroys the presumption of criminal
intent which arises upon the commission of a felonious act.
• In mistake of fact, the act done by the accused would have
constituted :
– Justifying circumstances under Art. 11
– Absolutory cause under Art. 247, par. 2
– Involuntary act
Requisites of Mistake of Fact as a defense:

1. That the act done would have been lawful

had the facts been as the accused believe
them to be;
2. That the intention of the accused in
performing the act should be lawful; and
3. That the mistake must be without fault or
carelessness on the part of the accused.
 Requisites of Fault or Culpa:

1. FREEDOM
2. INTELLIGENCE
3. IMPRUDENT, NEGLIGENT, LACK OF
FORESIGHT OR SKILL
 IMPRUDENT, NEGLIGENT, LACK OF
FORESIGHT OR SKILL
1. Imprudence – indicates deficiency of action.
- Hence, if a person fails to take the necessary precaution to avoid
injury to person or damage to property, there is imprudence.
- It usually involves lack of skill.

2. Negligence – indicates deficiency of perception.

- It is the person’s failure to pay proper attention and to use due
diligence in foreseeing the injury or damage impending to be
caused.
- It usually involves lack of foresight.
 Intent VS Motive
• Motive is the moving power which impels one
to action for a definite result.
– Motive is not essential element of a crime, and
hence, need not to be proved for purposes of
conviction.
• Intent is the purpose to use a particular
means to effect such result.
 Article 4. Criminal liability. - Criminal liability
shall be incurred:
1. By any person committing a felony (delito)
although the wrongful act done be different from
that which he intended.

2. 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 an account of the
employment of inadequate or ineffectual means.
 Requisites of Par. 1 of Article 4:
1. That an intentional felony has been committed.;
and
2. That the wrong done to the aggrieved party be
direct, natural, and logical consequence of the
felony committed by the offender.

Note: The rationale of this rule is found in the doctrine

that “el que es causa de la causa es causa del mal
causado” which means “he who is the cause of the
cause is the cause of the evil cause”.
The causes which may produce a result different from
that which the offender intended, are:

1. Error in Personae – mistake in the identity of

the victim.
2. Aberratio Ictus – there is a mistake in the
blow.
3. Praeter Intentionem – the injurious result is
greater than that intended.
 Par. 1 of Art. 4 provides the following principles:

1. When a person caused injury to another, no felony is committed:

a. When the act or omission which causes such injury is not punishable by
the R.P.C.
b. When the act is covered by any of the justifying circumstances in Art.
11.
2. That the wrong done must be the direct, natural, and logical
consequences of felonious act.
a. Natural – refers to an occurrence in the ordinary course of human life
or event.
b. Logical – means that there is a rational connection between the act of
the accused and the resulting injury or damage.
3. That the felony committed must the proximate cause of the
resulting injury.
 What is Proximate Cause?
• Is that cause which, in natural and continuous
sequence, unbroken by any efficient
intervening cause, produces the injury, and
without which the result would not have been
occurred.
 The felony committed is not the proximate
cause of the resulting injury when:
1. There is an active force that intervened
between the felony committed and the
resulting injury, and the active force is a
distinct act or fact absolutely foreign from
the felonious act of the accused; or
2. The resulting injury is due to the intentional
act of the victim.
 Par. 2 of Article 4 – Defines Impossible Crimes

Requisites of Impossible Crime:

1. That the act performed would be an offense
against persons or property.
2. That the act was done with evil intent.
3. That its accomplishment is inherently
impossible, or that the means employed is
either inadequate or ineffectual.
4. That the act performed should not constitute a
violation of another provision of the R.P.C.
Purpose of the law in punishing the impossible crime:

• To suppress criminal propensity or criminal

tendencies. Objectively, the offender has not
committed a felony, but subjectively, he is a
criminal.
Article 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
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 this 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.
 Par. 1 of Art. 5 which contemplates a trial of a
criminal case requires the following:
1. The act committed by the accused appears not punishable by
any law;
2. But the court deem it proper to repress such act;
3. In that case, the court must render the proper decision by
dismissing the case and acquitting the accused;
4. The judge must then make a report to the Chief Executive,
through the Secretary of Justice, stating the reasons which
induce him to believe that the said act should be made subject
of penal legislation.

NOTE: It is based on the legal maxim “nullum crimen, nulla poena

sine lege”.
 Par. 2 of Art. 15, in case of excessive
penalties, it requires that:
1. The court after trial finds the accused guilty.
2. The penalty provided by law and which the Court
imposes for the crime committed appears to be clearly
excessive, because:
a. The accused acted with lesser degree of malice, and/or;
b. There is no injury or the injury caused is of lesser gravity.
3. The Court should not suspend the execution of the
sentence.
4. The Judge should submit a statement to the Chief
Executive, through the Secretary of Justice,
recommending executive clemency.
 Article 6. Consummated, frustrated, and
attempted felonies.

Consummated felonies as well as those which are frustrated

and attempted, are 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 by reason of causes independent of the will of the
perpetrator.
There is an attempt when the offender commences the
commission of a felony directly or over acts, and does not perform all
the acts of execution which should produce the felony by reason of
some cause or accident other than this own spontaneous desistance.
 Stages and Development of Crime:
1. INTERNAL ACTS – such as mere ideas in the
mind of a person, are not punishable even if,
had they been carried out, they would
constitute a crime.
2. EXTERNAL ACTS – it cover the following:
a. Preparatory Acts – ordinarily they are not
punishable. Example: conspiracy or proposal
b. Acts of Execution – they are punishable under
the R.P.C.
 STAGES OF ACTS OF EXECUTION

1. ATTEMPTED FELONY

2. FRUSTRATED FELONY

3. CONSUMMATED FELONY
 I. Attempted Felony:
Elements of Attempted Felony:
1. The offender commences the commission of the
felony directly by overt act;
2. He does not perform all the acts of execution
which should produce the felony;
3. The offender’s act is not stopped by his own
spontaneous desistance;
4. The non-performance of all acts of execution was
due to cause or accident other than his own
spontaneous desistance.
 What is Overt Acts?
• It is defined as some physical activity or deed,
indicating the intention to commit a particular
crime, more than a mere planning or
preparation, which if carried to its complete
termination following its natural course,
without being frustrated by external obstacles
nor by the voluntary desistance of the
perpetrator, will logically and necessarily ripen
into a concrete offense.
What is Subjective Phase of the Offense?

• It is defined as the portion of the acts

constituting the crime, starting from the point
where the offender begins the commission of
the crime to that point where he has still
control over his acts, including their natural
course.
• In attempted felony, the offender never passes
the subjective phase of the offense.
 II. Frustrated Felony:
Elements:
1. That the offender perform all the acts of
execution.;
2. All the acts performed would produce the
felony as a consequence;
3. But the felony is not produced;
4. By reason of causes independent to the will
of perpetrator.
 III. Consummated Felony
• A felony is consummated when all the
elements necessary for its execution and
accomplishment are present.

• Every crime has its own elements which must

be all present to constitute a culpable felony.
 How to determine whether the crime is only
attempted, or frustrated, or it is consummated?
1. The nature of the offense.

2. The elements constituting the felony.

3. The manner of committing the same.

Manner of Committing the Crime:
1. Formal Crimes – consummated in one instant by a single
act, no attempt. Ex. Slander and false testimony.
2. Crimes consummated by mere attempt or proposal or by
overt act. – Ex. Flight to enemy’s country
3. Felony by omission – no attempted stage because the
offender does not execute acts.
4. Crimes requiring the intervention of two persons to
commit them are consummated by mere agreement. Ex.
Corruption of public officer
5. Material Crimes – those which undergoes the stages of
crime such as attempted, frustrated, or consummated.
 Article 7. When light felonies are punishable.

- Light felonies are punishable only when

they have been consummated, with the
exception of those committed against person or
property.

Light Felonies – are those infractions of law for

the commission of which the penalty the
penalty is arresto menor or a fine not exceeding
Php 200.00.
 Light Felonies Punished by the R.P.C.:

1. Slight Physical Injuries. (Art. 266)

2. Theft. (Art. 309, pars. 7 and 8)
3. Alteration of Boundary Marks. (Art. 313)
4. Malicious Mischief. (Art. 328, par. 3; Art. 329,
par. 3)
5. Intriguing Against Honor. (Art. 364)
 Article 8. Conspiracy and proposal to commit felony.

• Conspiracy and proposal to commit felony are

punishable only in the cases in which the law
specially provides a penalty therefor.

– A conspiracy exists when two or more persons

come to an agreement concerning the commission
of a felony and decide to commit it.
– There is proposal when the person who has decided
to commit a felony proposes its execution to some
other person or persons.
 Reason for the rule:
• Conspiracy and Proposal to commit a crime
are only preparatory acts, and the law regards
them as innocent or at least permissible
except in rare and exceptional cases.
 CONSPIRACY
Requisites:
1. That two or more persons came to an
agreement;
2. That the agreement concerned the
commission of a felony; and
3. That the execution of the felony be decided
upon.
 Types of Conspiracy:
1. Conspiracy as a felony/crime – it is when a
mere conspiracy to commit crime is
punishable.
2. Conspiracy as a manner of incurring criminal
liability – it is when the conspiracy relates to
a crime actually committed, that is when
there is conspiracy, the act of one is the act
of all.
 ILLUSTRATION:
Punishable Conspiracy under the R.P.C.:
1. Art. 115 – Conspiracy to commit treason.
2. Art. 136 – Conspiracy to commit coup d’etat, rebellion, or
insurrection.
3. Art. 141 – Conspiracy to commit sedition.

Note:
- The following crimes should not be actually committed. It is sufficient
that two or more persons come to an agreement to commit such acts.
- However, when any of these acts are actually committed as a result of
conspiracy, in such case, conspiracy will become a manner of incurring
criminal liability. Thus all the conspirators shall be equally liable therein.
In such case, conspiracy is not punishable as a separate offense.
 Actual Case Scenario:
• Pedro and Juan agreed and decided to rise publicly and
take arms against the government with the help of their
followers. Even if they did not carry out their plan, they
are liable for conspiracy to commit rebellion under Art.
136 of the R.P.C.
• But if Pedro and Juan and their followers did rise
publicly and take arms against the government to
overthrow it, thereby committing rebellion, their
conspiracy is not a felony. They are liable for rebellion,
and their conspiracy is only a manner of incurring
criminal liability for rebellion.
 Indication of Conspiracy:
• When the defendants by their acts at the same object, one
performing one part and the other performing another part
so as to compete it, with a view to the attainment of the
same object, and their acts, though apparently independent,
were in fact concerted and cooperative, indicating closeness
of personal association, concerted action and concurrence of
sentiments, the court will be justified in concluding that said
defendants were engaged in a conspiracy. (People v. Geronimo,
No. L-35700, Oct. 15, 1973, 53 SCRA 246, 254)
• It is fundamental for conspiracy to exist that there must be
common design – unity of purpose and unity in the
execution of unlawful objective.
 PROPOSAL
Requisites:
1. That a person has decided to commit a
felony; and
2. That he proposes its execution to some other
person or persons.
 There is no criminal proposal when:

1. The person who proposes is not determined

to commit the felony.
2. There is no decided, concrete, and formal
proposal.
3. It is not the execution of the felony that is
proposed.
 Proposal that is punishable under the R.P.C.:

1. Article 115 – Proposal to commit treason.

2. Article 136 – Proposal to commit coup d’etat,
rebellion, or insurrection.

Note: That what constitutes the felony of

proposal is the making of proposal. The law does
not require that the proposal be accepted by the
person to whom the proposal is made.
 Article 9. Grave felonies, less grave
felonies and light felonies
Grave felonies are those to which the law attaches
the capital punishment or penalties which in any of their
periods are afflictive, in accordance with Art. 25 of this
Code.
Less grave felonies are those which the law punishes
with penalties which in their maximum period are
correctional, in accordance with the above-mentioned
Art..
Light felonies are those infractions of law for the
commission of which a penalty of arrest menor or a fine
not exceeding 200 pesos or both; is provided.
 Article 10. Offenses not subject to the
provisions of this Code
Offenses which are or in the future may be
punishable under special laws are not subject to
the provisions of this Code. This Code shall be
supplementary to such laws, unless the latter
should specially provide the contrary.
 Provisions in the R.P.C. applicable to
Special Law:
1. Article 22 – Retroactive effect of penal laws.
2. Article 17 – as regards to the participation of
principals in the commission of the crime.
3. Article 39 – with reference to subsidiary
imprisonment in case of insolvency to pay the
fine.
4. Article 45 – with reference to the confiscation
of the instruments used in the commission of
the crime.
 TERMS TO REMEMBER:
1. Nullum Crimen, Nulla Poena Sine Lege – there is no crime when
there is no law punishing it.
2. Actus Non Facit Reum, Nisi Mens Sit Rea – the act itself does not
make a man guilty unless his intention were so.
- a crime is not committed if the mind of the person
performing the act complained be innocent.
3. Ignorantia Legis Non Excusat – ignorance of the law excuses no
one from compliance therewith.
4. Ignorantia Facti Excusat – ignorance or mistake of fact relieves
the accused from criminal liability.
5. Actus Me Invito Factus Non Est Meus Actus – an act done by me
against my will is not my act
6. El que es causa de la causa es causa del mal causado -
which means “he who is the cause of the cause is the
cause of the evil cause”.
7. Indeterminate Offense – It is one where the purpose
of the offender in performing an act is not certain.
8. Lex Specialis Derogant Generali – special legal
provisions prevail over the general ones.
9. Special Law – defined as a penal law which punishes
acts not defined and penalized by the Penal Code.
 Chapter Two: JUSTIFYING CIRCUMSTANCES AND
CIRCUMSTANCES WHICH EXEMPT FROM CRIMINAL
LIABILITY
The Circumstances Affecting Criminal Liability:

1. Art. 11 – Justifying Circumstances

2. Art. 12 – Exempting Circumstances
3. Art. 13 – Mitigating Circumstances
4. Art. 14 – Aggravating Circumstances
5. Art. 15 – Alternative Circumstances
 Article 11. Justifying circumstances:
The following do not incur any criminal liability:
1. Anyone who acts in defense of his person or rights, provided that the following
circumstances concur;
• First. Unlawful aggression.
• Second. Reasonable necessity of the means employed to prevent or repel it.
• Third. Lack of sufficient provocation on the part of the person defending himself.

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

3. Anyone who acts in defense of the person or rights of a stranger, provided that the first and
second requisites mentioned in the first circumstance of this Article are present and that the
person defending be not induced by revenge, resentment, or other evil motive.
4. Any person who, in order to avoid an evil or injury, does not act which
causes damage to another, provided that the following requisites are
present;
• First. That the evil sought to be avoided actually exists;
• Second. That the injury feared be greater than that done to avoid it;
• Third. That there be no other practical and less harmful means of
preventing it.

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

exercise of a right or office.

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

some lawful purpose.
What is Justifying Circumstances?
Justifying Circumstances are those where
the act of a person is said to be in accordance
with the law, so that such person is deemed not
to have transgressed the law and is free from
both criminal and civil liability.
 Paragraph 1: SELF - DEFENSE
Anyone who acts in defense of his person or
rights, provided that the following circumstances
concur;
First. Unlawful aggression.
Second. Reasonable necessity of the
means employed to prevent or repel it.
Third. Lack of sufficient provocation on the
part of the person defending himself.
 Why Self-Defense is Lawful?
• Impulse of self-preservation;
• State cannot provide protection for
each of its constituents. [REYES, Book
1]
 a. Unlawful Aggression
• This is the single indispensable element in Self-Defense,
Defense of Relatives, and Defense of Strangers [REYES, Book 1]

• Peril to one’s life, limb, or right is

a. Actual; and
b. Imminent

• It presupposes actual, sudden, and unexpected attack or

imminent danger thereof, not merely threatening or
intimidating attitude. [People v. Colinares, G.R. No. 182748
(2011)]
 b. Reasonable Necessity of Means
Employed
• Requisites:
a. Necessity of the:
a. course of action taken
b. means employed

b. The above must be reasonable [REYES, Book

1]
 Doctrine of Rational Equivalence
• Rational equivalence presupposes the consideration not
only of the nature and quality of the weapons used by
the defender and the assailant, but of the totality of
circumstances surrounding the defense vis-à-vis the
unlawful aggression. [Espinosa v. People, G.R. No.
181071 (2010)]

• As to whether the means employed is in proportion to

the harm done does not depend on harm done, but the
imminent danger of such injury. [People v. Gutual, G.R.
No. 115233 (1996)]
 Test of Reasonableness
• Reasonableness depends upon the:
1. Nature and quality of the weapon used by
the aggressor
2. Aggressor’s physical condition, character,
size, and other circumstances
3. Circumstances of those of the person
defending himself
4. Place and occasion of the assault
When the Assault was Without Use of Weapon

• General Rule: A man is not justified in taking

the life of one who assaults him with his fist
only, without the use of a dangerous weapon.

• Exception: Where the person assaulted has

retreated to the wall and uses in a defensive
way the only weapon at his disposal. [People v.
Sumicad, G.R. No. 35524 (1932)]
 Rules in Use of Firearms
1. If the attacker is already disarmed – there is no
need to further use violence. [People v.
Masangkay, G.R. No. L-73461 (1988)]
2. If the attacker was disarmed but struggled to re-
obtain the weapon - violence may be justified.
[People v. Rabandaban, G.R. No. L-2228 (1950)]
3. The one defending must aim at the defendant
and not indiscriminately fire his deadly weapon.
[People v. Galacgac, C.A., 54 O.G. 1027, cited in
REYES, Book 1]
 Lack of Sufficient Provocation
• The accused who claims self-defense
must not have provoked the aggression
of the victim.

• Provocation is sufficient when it is

proportionate to the aggression. [People
v. Boholst-Caballero, supra]
 Requisite is Present when: [No PSDP]

1. No Provocation at all was given

2. Even if provocation was given, it was not Sufficient
3. Even if the provocation was sufficient, it was not
given by the person Defending himself
4. Even if the provocation was given by the person
defending himself, it was not Proximate and
immediate to the act of aggression. [Cano v. People,
G.R. No. 155258 (2003)]
 Insults
• General Rule: Verbal argument is not
considered sufficient provocation.

• Exception: Insults in vulgar language are.

 SUBJECTS OF SELF-DEFENSE
1. Defense of person
2. Defense of rights
3. Defense of property [REYES, Book 1]
 Defense of Property
• The defense of property rights can be invoked
if there is an attack upon the property,
although it is not coupled with an attack upon
the person of the owner of the premises, so
long as all the elements for justification must
however be present. [People v. Narvaez, G.R.
No. L-33466-67 (1983)]
 Examples of Other Subjects of Self Defense

1. Defense of Home
– Violent entry to another’s house at nighttime; by a
person who is armed with a bolo; and forcing his way
into the house, shows he was ready and looking for
trouble. [People v. Mirabiles, 45 O.G., 5th Supp., 277,
cited in REYES, Book 1]

2. Defense of Honor and Reputation

– Placing a hand by a man on the woman’s upper thigh is
unlawful aggression. [People v. Jaurigue, C.A. No. 384
(1946)].
 Stand Your Ground Principle
• A person is justified in the use of deadly force
and does not have a duty to retreat if he
reasonably believes that such force is
necessary to prevent imminent death or great
bodily harm to himself or herself. [U.S. v
Domen, G.R. No. L-12963 (1917)]
 R.A 9262 - Battered Woman Syndrome

• Scientifically defined pattern of psychological and

behavioral symptoms found in women living in
battering relationships as a result of cumulative
abuse. [Sec. 3(c), R.A. 9262
• People v. Genosa doctrine
– Battered woman syndrome (BWS) is characterized by a
“cycle of violence”, which is made up of three
phases. For the BWS to be available as a defense, it
must be proven that there has been more than one
cycle. [People v. Genosa, G.R. No. 135981 (2004)]]
 PHASES OF BATTERED WOMAN SYNDROME

• First Phase: Tension Building Phase

• Second Phase: Acute Battering Incident

• Third Phase: Tranquil Period

 First Phase: Tension Building Phase

1. Where minor battering occurs, it could be a

verbal or slight physical abuse or another
form of hostile behavior.
2. The woman tries to pacify the batterer
through a show of kind, nurturing behavior,
or by simply staying out of the way.
3. But this proves to be unsuccessful as it only
gives the batterer the notion that he has the
right to abuse her.
 Second Phase: Acute Battering Incident

1. Characterized by brutality, destructiveness,

and sometimes death.
2. The battered woman has no control; only the
batterer can stop the violence.
3. The battered woman realizes that she cannot
reason with him and resistance would only
worsen her condition.
 Third Phase: Tranquil Period
1. Characterized by guilt on the part of the
batterer and forgiveness on the part of the
woman.
2. The batterer may show a tender and
nurturing behavior towards his partner and
the woman also tries to convince herself that
the battery will never happen again and that
her partner will change for the better. [People
v. Genosa, G.R. No. 135981 (2004)]
 Characteristics of BWS [FIFI]
1. The woman believes that the violence was
her Fault;
2. She has an Inability to place the responsibility
for the violence elsewhere;
3. She Fears for her life and/or her children’s life
4. She has an Irrational belief that the abuser is
omnipresent and omniscient. [People v.
Genosa, supra, cited in REYES, Book 1]
 DEFENSE OF RELATIVES
• Requisites [URL]
a. Unlawful aggression
b. Reasonable necessity of means employee;
and
c. Lack of sufficient provocation on part of
relative, or, in case of provocation, the one
making the defense had no part therein.
 Rationale:
• This justifying circumstance is found not only
upon a humanitarian sentiment, but also upon
the impulse of blood which impels men to
rush, on the occasion of great perils, to the
rescue of those close to them by ties of blood.
[REYES, Book 1]
Relatives Covered by Par. 2 [SAD-SiRC]

1. Spouse
2. Ascendants
3. Descendants
4. Legitimate, natural, or adopted Siblings, or
relatives by affinity in the same degrees (parents-
in-laws, children-in-law, siblingsin- law)
5. Relatives by Consanguinity within 4th civil degree
Person Being Defended Still in Danger
• Unlawful aggression can be made to depend
on the honest belief of the one making a
defense. However, one may no longer be
exempt from criminal liability when he or the
person being defended is no longer in danger
of bodily harm by the aggressor. [US v.
Esmedia, G.R. No. L-5740 (1910)]
 DEFENSE OF STRANGER
• Requisites [URN]
a. Unlawful aggression
b. Reasonable necessity of the means
employed; and
c. Person defending was Not induced by
revenge, resentment, or other evil motive
• NOTE: Motive is relevant only in this kind of
defense.
 Rationale:
• What one may do in his defense, another may
do for him. The ordinary man would not stand
idly by and see his companion killed without
attempting to save his life. [U.S. v. Aviado, G.R.
No. 13397 (1918)]
 STATE OF NECESSITY (AVOIDANCE
OF A GREATER EVIL)
• Requisites [ENIM]:
a. Evil to be avoided actually Exists
b. Evil or injury is Not produced by the one
c. invoking the justifying circumstance
d. Injury feared by greater than that done to
avoid it; and
e. No other practical and less harmful Means of
preventing it
 Kind of Evil
• The evil contemplated includes injury to
persons and damage to property. This greater
evil must not be brought about by the
negligence or imprudence of the accused. [Ty
v. People, G.R. No. 149275 (2004)]
 FULFILLMENT OF DUTY OR LAWFUL
EXERCISE OF RIGHT OR OFFICE
• Requisites [PN]:
a. The accused acted in the Performance of a
duty or on the lawful exercise of a right or
office; and
b. The injury caused or offense committed be
the Necessary consequence of the due
performance of duty or the lawful exercise of
such right or office.
 OBEDIENCE TO AN ORDER ISSUED
FOR SOME LAWFUL PURPOSE
• Requisites [OPM]
a. An Order has been issued by a superior
b. Such order must be for some lawful Purpose;
and
c. The Means used by the subordinate to carry
out said order is lawful
 EXEMPTING
CIRCUMSTANCES
Exempting Circumstances [Art. 12]
• Grounds for exemption from punishment
because the agent of the crime is wanting any
of the conditions which make the act
voluntary or negligent.

• The reason for the exemption lies on the

complete absence of intelligence, freedom of
action, or intent, or on the absence of
negligence on the part of the accused.
Exempting Requisites Basis
Circumstance
Insanity or imbecility Imbecile or insane person Absence of
did not act during lucid intelligence
interval
Minority; Without 1. Accused is 15 years old Absence of
Discernment and Below; and intelligence
2. Accused is Between 15
and 18 years old, and he
acted Without
Discernment
Accident 1. A person is performing a Lack of
Lawful act; negligence and
2. Act was done with Due intent
care;
3. He causes an injury to
another by mere Accident;
and
4. Without fault or
intention of causing it.
Irresistible force 1. There is compulsion is by Absence of
means of Physical force; freedom
2. Physical force must be
Irresistible; and
3. Physical force must
come from a Third person.

Uncontrollable fear 1. Existence of an Absence of

uncontrollable fear freedom
2. Fear must be Real and
Imminent.
3. Fear of an injury is
Greater than or Equal to
that committed.

Insuperable or lawful 1. That an act is Required Lack of intent

cause by law to be done;
2. That a person Fails to
perform such act;
3. That his failure to
perform such act was due
to some
Lawful or insuperable
cause
 INSANITY OR IMBECILITY
• Imbecile
– One who, while advanced in age, has a mental
development comparable to that of a child between 2
and 7 years of age. [REYES, Book 1]

• Feeblemindedness is not Imbecility

– For imbecility, it is necessary that there is a complete
deprivation of intelligence in committing the act.
Feeblemindedness may, however, be considered a
mitigating circumstance. [People v. Formigones, G.R. No.
L-3246 (1950)]
 Insanity
– A complete deprivation of intelligence in committing the
act, but capable of having lucid intervals. Mere
abnormality of mental faculties is not enough especially if
the offender has not lost consciousness of his acts. [People
v. Formigones, supra, cited in REYES, Book 1]

• General Rule: Insanity is an exempting circumstance

• Exception: During a lucid interval, the insane acts

with intelligence, thus, is not exempt from criminal
liability.
 Mental Illnesses Covered

• Cases covered under this article are:

1. Malignant malaria, which affects the nervous
system
2. Epilepsy
3. Psychosis or schizophrenia, except when in
remission of
4. Somnambulism: Sleep-walking
5. Dementia praecox
 MINORITY
• NOTE: Pars. 2 and 3 of Article 12, and Art. 80
of the RPC, have been amended/repealed by
P.D. 603, as amended, and R.A. 9344.
 JUVENILE JUSTICE AND WELFARE ACT
OF 2006 (R.A. 9344)
• When Exempt from Criminal Liability:
a. A child 15 years or under at the time of the
commission of the offense shall be exempt from
criminal liability. A child is deemed to be 15
years of age on the date of his/her 15th
birthday.
b. A child above 15 years but below 18 years of age
who acted without discernment shall be exempt
from criminal liability. [Sec. 6, R.A. 9344]
 ACCIDENT
• Something that happens outside the sway of
our will and, although coming about through
some act of our will, lies beyond the bounds
of humanly foreseeable consequences.
[REYES, Book 1]
 Requisites [LDAW]
a. A person is performing a Lawful act;
b. Act was done with Due care;
c. He causes injury by mere Accident; and
d. Without fault or intention of causing it
 IRRESISTIBLE FORCE
• Requisites [PIT]
a. There was compulsion by means of Physical force
b. Physical force must be Irresistible
c. Physical force comes from a Third person [REYES,
Book 1]

• BASIS:
– Actus me invite factus non est meus actus.
• An act done by me against my will is not my act.
 UNCONTROLLABLE FEAR
• Requisites [ERIGE]
a. Existence of an uncontrollable fear
b. Fear must be Real and Imminent.
c. Fear of an injury is Greater than or Equal to
that committed [People v. Petenia, G.R. No. L-
51256 (1986)]
 NOTE:
• Fear should not be speculative, fanciful, or
remote. Such compulsion must leave no
opportunity to the accused for escape or self –
defense in equal combat. [People v. Moreno,
G.R. No. L-64 (1946), cited in REYES, Book 1]
INSUPERABLE OR LAWFUL CAUSE
• Insuperable
It means insurmountable. A cause which
has lawfully, morally or physically prevented a
person to do what the law commands. [People v.
Bandian, G.R. No. 45186 (1936)]
 Requisites [RFLi]
a. An act is Required by law to be done
b. The person Fails to perform such act
c. His failure to perform such act was due to
some Lawful or insuperable cause
 MITIGATING
CIRCUMSTANCES
Mitigating Circumstances [Art. 13]
• If present, these circumstances do not entirely
free the actor from criminal liability but serve
only to reduce the penalty.
• It has two types:
– PRIVILEGED MITIGATING
– ORDINARY MITIGATING
 A. INCOMPLETE JUSTIFICATION OR
EXEMPTION

• A majority, but not all,

elements of justifying and
exempting circumstances are
present
 Incomplete Self-Defense, Defense of
Relatives and Strangers
a. Unlawful Aggression - should always be
present to be appreciated as a mitigating
circumstance.
b. Ordinary mitigating circumstance - if only
unlawful aggression is present.
c. Privileged mitigating circumstance - if two of
the three requisites are present [People v.
Oanis, G.R. No. L-47722 (1943)]
Art. 69. Penalty to be imposed when the crime
committed is not wholly excusable.
• A penalty lower by one or two degrees than that
prescribed by law shall be imposed if the deed is not
wholly excusable by reason of the lack of some of
the conditions required to justify the same or to
exempt from criminal liability in the several cases
mentioned in Article 11 and 12, provided that the
majority of such conditions be present. The courts
shall impose the penalty in the period which may be
deemed proper, in view of the number and nature
of the conditions of exemption present or lacking
 B. UNDER 18 OR OVER 70 YEARS OLD
(CONDITIONAL MINORITY)

• Offender is above fifteen but

below eighteen years of age.
• BASIS: Diminution of intelligence
 What Age to Consider?
a. In determining whether the penalty should
be lowered – the age of the offender at the
time of the commission of the crime [Boado
Comprehensive Reviewer, p. 45]
b. In suspending the service of sentence – the
age of the offender at the time the sentence
is to be promulgated. [Boado Comprehensive
Reviewer, p. 45]
Effect of Minority of the Offender:
• When the offender is a minor under 18 years, the
penalty next lower than that prescribed by law
shall be imposed, but always in the proper period.
[People v. Jacinto, G.R. No. 182239 (2011)]
• Over 70 years old - Ordinary Mitigating
Circumstance except when the penalty imposable
is death, in such case, the penalty shall be
reduced to reclusion perpetua. [Boado
Comprehensive Reviewer, p. 47]
 Art. 68. Penalty to be imposed upon a
person under eighteen years of age.
• When the offender is a minor under eighteen years
and his case is one coming under the provisions of
the paragraphs next to the last of Article 80 of this
Code, the following rules shall be observed:
1. A person aged fifteen years of age or under at the time
of the commission of the offense shall be exempt from
criminal liability. [R.A. 9344, Sec. 6, as amended by R.A.
10630, Sec. 3]
2. Upon a person over fifteen and under eighteen years of
age, the penalty next lower than that prescribed by law
shall be imposed, but always in the proper period.
C. NO INTENTION TO COMMIT SO GRAVE
A WRONG (PRAETER INTENTIONEM)
• There is Notable and Evident Disproportion
between the means employed to execute the
criminal act and its consequences.

• BASIS: Diminution of intent

 Applicability:
• Only applicable to offenses resulting in
death, physical injuries, or material harm
(including property damage) [People v.
Galang de Bautista, C.A., 40 O.G. 4473,
cited in REYES, Book 1].
 When Not Applicable?
a. Crime results from criminal negligence or
culpa [Boado Comprehensive Reviewer]
b. Where the acts were reasonably sufficient
and did actually produce the death of the
victim. [People v. Sales, G.R. No. 177218
(2011)]
c. Cases involving defamation or slander.
[People v. Galang de Bautista, supra]
D. SUFFICIENT PROVOCATION OR THREAT

1. Provocation must be Sufficient

2. It must Originate from the offended party
3. It must be Personal and Directed to the
accused
4. It must be Immediate to the act, i.e., to the
commission of the crime by the person who
is provoked
BASIS: Diminution of intelligence and intent
 Provocation:
• Any unjust or improper conduct or
act of the offended party capable of
exciting, inciting, or irritating anyone.
[REYES, Book 1, p. 274]
 Threat:
• Threat must not be offensive and
positively strong, otherwise, it may
result to unlawful aggression,
justifying self-defense.
 E. IMMEDIATE VINDICATION OF A GRAVE
OFFENSE
1. That 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
degree.
2. That 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.
3. The vindication need Not be done by the person upon
whom the grave offense was committed Diminution of
voluntariness
 Lapse of Time Allowed:
• Although the grave offense which engendered the
perturbation of mind was not so immediate, it was
held that the influence thereof, by reason of its
gravity, lasted until the moment the crime was
committed. [People v. Parana, G.R. No. L45373
(1937)]
• However, this circumstance cannot be considered
where sufficient time has elapsed for the accused
to regain his composure. [People v Ventura, G.R.
No. 148145-46 (2004)
 Gravity of Personal Offense:
• The question whether or not a certain
personal offense is grave is dependent on the
following must be decided by the court,
having in mind:
a. Time when the insult was made;
b. Place; and

c. Social standing of the person.

 F. PASSION OR OBFUSCATION
1. The accused acted upon an Impulse.
2. The impulse must be so Powerful that it naturally
produces passion or obfuscation in him.
3. That there be an Act, both Unlawful and Sufficient to
produce such condition of mind; and
4. That 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.

BASIS: Diminution of intelligence and intent

• There is passion or obfuscation when there
are causes naturally producing in a person
the following:

a. Powerful excitement
b. Loss of reason and self-control
c. Diminution the exercise of his will power.
[U.S. v. Salandanan, G.R. No. 951 (1902)
G. VOLUNTARY SURRENDER OR PLEA OF GUILT

Voluntary Surrenders:
1. Offender had Not been actually Arrested.
2. Offender Surrendered himself to a person in
authority or to the latter’s agent.
3. Surrender was Voluntary.
 Plea of Guilt:
1. Offender Spontaneously confessed his guilt.
2. Confession of guilt was made in Open court,
that is, before the competent court that is to
try the case; and
3. Confession of guilt was made Prior to the
presentation of evidence for the prosecution.
Lesser perversity of the offender
 When Mitigating?
a. Change of plea if made at the first opportunity when
his arraignment was first set. [People v. Hermino, G.R.
No. 45466 (1937)]
b. Withdrawal of plea of not guilty before presentation of
evidence by prosecution. [People v. Kayanan, G.R. No.
L30355(1978)]
c. A plea of guilty on an amended information will be
considered as an attenuating circumstance if no
evidence was presented in connection with the charges
made therein. [People v. Ortiz, G.R. No. L-19585
(1965)]
 H. PHYSICAL DEFECT
1. The offender is:
a. Deaf and Dumb
b. Blind, or
c. Otherwise suffering from some physical defect which thus
restricts his means of:
I. Action
II. Defense, or
III. Communication with his fellow beings
2. Physical defect must have a Relation to the
commission of the crime
Basis: Diminution of voluntariness
 I. Illness of the offender
1. Must Diminish the exercise of his Will-Power.
2. Should Not Deprive the offender of
Consciousness of his acts.

Basis: Diminution of intelligence and intent

 J. ANALOGOUS MITIGATING CIRCUMSTANCE

• Any other circumstance of similar nature and

analogous to the nine mitigating
circumstances enumerated in Art. 13 may be
mitigating.
 Examples:
a. Stealing because of extreme poverty is considered
as analogous to incomplete state of necessity.
[People v. Macbul, G.R. No. 48976 (1943)]
b. Over 60 years old with failing sight is considered as
analogous to over 70 years of age mentioned in
par. 2. [People v. Reantillo, G.R. No L-45685 (1938)]
c. Voluntary restitution of stolen goods is considered
as analogous to voluntary surrender. [People v.
Luntao, 50 O.G. 1182]
 AGGRAVATING
CIRCUMSTANCES
KINDS OF AGGRAVATING CIRCUMSTANCES
1. GENERIC. Those that can generally apply to all crimes. Nos. 1,
2, 3 (dwelling), 4, 5, 6, 9, 10, 14, 18, 19, and 20 except “by
means of motor vehicles”. A generic aggravating circumstance
may be offset by a generic mitigating circumstance.
2. SPECIFIC. Those that apply only to particular crimes. Nos. 3
(except dwelling), 15, 16, 17 and 21.
3. QUALIFYING. Those that change the nature of the crime (i.e.
Art. 248 enumerate the qualifying AC which qualifies the killing
of person to murder). If two or more possible qualifying
circumstances were alleged and proven, only one would qualify
the offense and the others would be generic aggravating.
4. INHERENT. Those that are already elements of the
felony and are thus no longer considered against the
offender in the determination of the felony. [Boado
Comprehensive Reviewer, p. 55]
5. SPECIAL. Those which arise under special
conditions to increase the penalty of the offense and
cannot be offset by mitigating circumstances:
a. Quasi-recidivism [Art. 160]
b. Complex crimes [Art. 48]
c. Taking advantage of public position [Art. 171]
d. Membership in an organized/syndicated crime group
[Art. 62]
 1. Taking advantage of Public office

1. Offender is a Public Officer

2. Such officer used the Influence, Prestige or
Ascendancy which his office gives him
3. The same was used as Means by which he
realizes his purpose
BASIS: Personal circumstance of the offender
and the means to secure the commission of the
crime
 2. In Contempt of or with insult to public
authorities
1. Public authority is Engaged in the exercise of
his functions.
2. Public authority is Not the person against
whom the crime is committed.
3. Offender Knows him to be a public authority.
4. His Presence has not prevented the offender
from committing the criminal act.

BASIS: Lack of respect for the public authorities

 3.A. With insult or lack of regard due to
offended party by reason of Rank, age, or sex
1. Insult or disregard was made on account of:
a. Rank – designation or title used to fix the relative
position of the offended party in reference to others.
There must be a difference in the social condition of
the offender and offended party
b. Age - May refer to old age or tender age of the victim.
c. Sex - Refers to the female sex [REYES, Book 1]
2. Such insult or disregard was Deliberately intended

BASIS: Personal circumstances of the offended party

 3.B. Dwelling
1. Act was committed in the dwelling, which
may pertain to a:
a. Building; or
b. Structure, which is
c. Exclusively used for Rest and Comfort.
2. Offended party must Not give Provocation.

BASIS: Place of the commission of the crime

 4.A. Abuse of confidence
1. Offended party had Trusted the offender.
2. Offender Abused such trust by committing a
crime against the offended party.
3. The abuse of confidence Facilitated the
commission of the crime

BASIS: Means and ways employed in

commission of the crime
 4.B. Obvious ungratefulness
1. Offended party Trusted the offender;
2. Offender Abused such trust; and
3. Act was committed with obvious
Ungratefulness.

BASIS: Means and ways employed in

commission of the crime
 5. In the palace of the Chief Executive or in his presence, or
where public authorities are engaged in the discharge of their
duties, or in a Place dedicated to religious worship

• Crime was committed:

1. In the Palace of the Chief Executive, or
2. In his Presence, or
3. Where public authorities are engaged in the
Discharge of their duties, or
4. In a place dedicated to Religious Worship

BASIS: Place of the commission of the crime

 6. Nighttime, uninhabited place, by a band

• Circumstances of nighttime, uninhabited place or

band:
1. Facilitated the commission of the crime; [REYES,
Book 1, p. 364]; and
2. 2. Was Especially Sought for by the offender to
insure the commission of the crime or for the
purpose of impunity; [People v. Pardo, G.R. No. L-
562 (1947)]
BASIS: Time, place, and means of the commission of
the crime
 7. On occasion of a Calamity
• The offender must take advantage of the
calamity or misfortune

BASIS: Time and place of the commission of the

crime
 8. Aid of Armed men or means to ensure impunity

1. That the armed men or persons took part in

the Commission of the crime, directly or
indirectly; and
2. Accused Availed himself of their Aid or relied
upon them when the crime was committed.
BASIS: Means and ways employed in
commission of the crime
 9. Recidivism
1. Offender is on Trial for an offense;
2. He was Previously Convicted by final
judgment of another crime;
3. That both the 1st and 2nd offenses are
embraced in the Same title of the Code; and
4. Offender is Convicted of the new offense

BASIS: Inclination to commit crime

 10. Reiteracion or Habituality
1. Accused is on Trial for an offense;
2. He Previously Served sentence for another
offense to which the law attaches:
a. an equal or greater penalty, or
b. For 2 or more crimes to which it attaches lighter
penalty than that for the new offense; and
3. That he is Convicted of the new offense.
 11. Price, reward, or promise
1. There must be Two or more principals a. One
who gives or Offers price or promise b. One
who Accepts it
2. Price, reward, or promise must be for the
purpose of Inducing another to perform the
deed.

BASIS: Motivating power

 The price, reward or promise need not:

1. Consist of or refer to Material things; or

2. Be Actually Delivered; it being sufficient that
the offer made by the principal by
inducement was accepted by the principal by
direct participation before the commission of
the offense.
 12. Inundation, fire, poison, explosion, etc.

• Crime was committed by means of:

1. Inundation
2. Fire
3. Poison
4. Explosion
5. Stranding of a vessel
6. Intentional damage to a vessel
7. Derailment of a locomotive
8. Any Other artifice involving great waste and ruin
 13. Evident premeditation
• Prosecution must prove:
1. Time when the offender determined to commit
the crime;
2. An Act manifestly indicating that the culprit has
clung to his determination; and
3. A sufficient Lapse of time between the
determination and execution, to allow him to
reflect upon the consequences of his act and to
allow his conscience to overcome the resolution of
his will.
 14. Craft, fraud, or disguise
• That the crime was committed by means of:
1. Craft: Intellectual trickery and cunning on the
part of the accused;
2. Fraud: Insidious words or machinations used
to induce the victim to act in a manner which
would enable the offender to carry out his
design; or
3. Disguise: Any device to conceal identity
 15. Superior strength or means to weaken defense

1. There is a Notorious Inequality of forces

between victim and aggressor.
2. Offender Purposely used excessive force out
of proportion to the means of defense
available to the persons attacked.
 16. Alevosia (Treachery)
1. Offender Consciously Adopts particular
means, methods, or forms tending directly
and specially to ensure the execution of the
crime.
2. The employment of such means gave the
offended party No opportunity to defend
himself or retaliate.
 17. Ignominy
• The means employed or the circumstances
brought about must tend to make the effects
of the crime more humiliating or to put the
offended party to shame.
 18. Unlawful entry
• Entrance is effected by a way not intended for
the purpose.
 19. Breaking wall, floor, roof
1. Breaking the Wall, Roof, Floor, Door, or
Window is a means to the commission of the
crime.; and
2. Breaking was used as a means to effect
Entrance and not merely for escape.
 20.A. With aid of persons Under 15
• Commission of the crime is committed with
the aid of children under 15 years of age
20.B. By Motor vehicles, airships, or other
similar means
1. That any of the following was used:
a. Motorized vehicles; or,
b. Other efficient means of transportation Similar to
automobile or airplane.
2. The same was used as Means of Committing
the crime, such as by using the same to:
a. Go to the place of the crime
b. Carry away the effects thereof; and
c. Facilitate their escape
 21. Cruelty
1. Injury caused be was Deliberately Increased
by causing other wrong;
2. Other wrong was Unnecessary for the
Execution of the purpose of the offender.
 OTHER SPECIAL AGGRAVATING AND
QUALIFYING CIRCUMSTANCES
a. Organized or Syndicated crime group
b. Use of Explosives
c. Use of Loose firearms
d. Use of Dangerous drugs
e. Arson under P.D. 1613
 ALTERNATIVE
CIRCUMSTANCES
 Alternative Circumstances
• These are circumstances which may be taken
in consideration, as aggravating or mitigating
according to the nature and effects of the
crime and other conditions attending its
commission. [REYES, Book 1]
 TYPES UNDER ART. 15.

1. Relationship
2. Intoxication
3. Degree of Education/instruction
 1. RELATIONSHIP
• The alternative circumstance of relationship shall be
taken into consideration when the offended party is
the:
a. Spouse
b. Ascendant
c. Descendant
d. Legitimate, natural, or adopted brother or sister
(Siblings)
e. Relative by Affinity in the same degree of the
offender [People v. Marco, G.R. No. 132392 (2001)]
 Relatives by Affinity
• Includes in-laws, stepfather, or stepmother,
stepchild and the like. It is the duty of the
stepparents to bestow upon their stepchildren
a mother’s or father’s affection, care and
protection.
Relationship as Exempting Circumstance:
 1. When the accessory is related to the principal.

• General Rule: This includes spouses, ascendants,

descendants, legitimate, natural, and adopted
brothers and sisters, or relatives by affinity within
the same degrees, with the single exception of
accessories falling within the provisions of
paragraph 1 of the next preceding article. [Art. 20,
RPC]
• Exception: When said relatives profited
themselves or assisted the offender to profit by
the effects of the crime. [Art. 19 (1), RPC]
2. Death under exceptional circumstances.

• A legally married person who having surprised

his spouse in the act of committing sexual
intercourse with another person who shall
inflict upon them physical injuries of any other
kind (i.e. less serious and slight physical
injuries). [Art. 247, RPC]
 3. Select Crimes Against Property.
• For crimes of theft, swindling (estafa), and malicious
mischief there is no criminal liability if they be caused by
the following persons
a. Spouses, Ascendants and Descendants, or Relatives by
Affinity in the Same line.
b. The Widowed Spouse with respect to the property
which belonged to the deceased spouse before the
same shall have passed into the possession of another;
and
c. Brothers and Sisters and brothers-inlaw and sisters-in-
law, if living together. [Art. 322, RPC]
Relationship as Mitigating Circumstance:
 1. In crimes against property
a. Robbery [Arts. 294-302, RPC]
b. Usurpation [Art. 312, RPC]
c. Fraudulent insolvency [Art. 314, RPC]
d. Arson [Arts. 321-322, 325-326, RPC].
2. When the crime is less serious or slight
physical injuries
– if the offended party is a relative
of a lower degree than the
offender. [Art. 263, RPC; REYES,
Book 1]
 3. In trespass to dwelling
- Where a son-in-law, believing his wife to
be in her father's house, attempted to
force an entry therein, the relationship is
to be considered in mitigation. [U.S. vs.
Ostrea, 2 Phil. 93, 95 (1903)]
Relationship as Aggravating Circumstance:
 Crimes Against Persons
• General Rule: Higher degree; or Relatives of the
same level [People v. Alisub, 69 Phil. 362 (1969)

• Exception: Always aggravating in the following:

1. Serious Physical Injuries [Reyes, Book 1]
2. Homicide or Murder [REYES, Book 1]
3. Rape [People v. Delen, G.R. No. 194446 (2014)]
 Crimes Against Chastity
• Relationship is always aggravating [People v. Orilla,
G.R. Nos. 148949-40 (2004)]

• Rationale: Because of the nature and effect of the

crime committed. It is not shocking to our moral
sense when we hear a father committed, for
instance, the crime of slight physical injury against his
daughter; but it certainly is very shocking when we
hear that a father committed acts of lasciviousness
on the person of his own daughter. [REYES, Book 1]
2. INTOXICATION
Requisites to be Considered as Mitigating
Circumstance:
a. Act was done due to alcoholic intake of the
offender, he suffers from Diminished Self-Control.
b. Offender is Not a Habitual Drinker.
c. Offender did Not take the alcoholic drink With
the Intention to Reinforce his resolve to commit
crime. [Reyes, Book 1]
 When Aggravating?
a. If intoxication is habitual; or
b. If it is intentional to embolden
offender to commit crime [REYES,
Book 1]
3. DEGREE OF EDUCATION OR
INSTRUCTION
 Low Degree of Education
• Refers to the lack of sufficient intelligence of
and knowledge of the full significance of one’s
act. [REYES, Book 1]

• Requisite: To be considered mitigating, degree

of instruction must have some reasonable
connection to the offense. [REYES, Book 1
• General Rule: Low degree of education is a mitigating
circumstance. [U.S. v. Reguera, G.R. No. L-16639 (1921)]

• Exceptions:
a. Crimes against Property (e.g., estafa, theft, and robbery)
[U.S. v. Pascual, G.R. No. 3777 (1908)]
b. Crimes against Chastity [Malesa v. Director, cited in REYES,
Book 1]
c. Treason [People v. Lansanas, G.R. No. L1622 (1948), cited in
REYES, Book 1]
d. Rape [REYES, Book 1]
e. Murder or homicide; to kill is forbidden by natural law
which every rational being is endowed to know and feel
[People v. Laspardas, G.R. No. L-46146 (1979)]
 High degree of education
• May be appreciated as aggravating
when the offender availed himself or
took advantage of it in committing
the crime. [REYES, Book 1]
ABSOLUTORY CAUSES
 Absolutory Causes
• Those where the act committed is a
crime but for reasons of public policy and
sentiment there is no penalty imposed.
[People v. Talisic, G.R. No. 97961 (1997)]
 Types of Absolutory Causes
1. Instigation
2. Pardon by the offended party
3. Other absolutory causes
4. Acts Not covered by law and in case of
excessive punishment. [Art. 5, RPC]
 OTHER ABSOLUTORY CAUSES
a. Death under exceptional circumstances [Art. 247, RPC]
b. Accessories in light felonies [Art. 16, RPC]
c. Light felonies not consummated [Art. 16, RPC]
d. Spontaneous desistance [Art. 6, RPC]
e. Prescription of crimes [Art. 89, RPC]
f. Accessories exempt under Art. 20 [Art. 20, RPC]
g. Exemptions from criminal liability for cases of theft,
swindling and malicious mischief, by virtue of his
Relationship to the offended party. [Art. 332, RPC]
h. Trespass to dwelling to prevent serious harm to self [Art.
280, RPC]
Persons Liable and Degree of
Participation
 Persons Criminally Liable [Art. 16, RPC]

1. Principal
2. Accomplice
3. Accessory
 1. PRINCIPALS
• Art. 17. Principals – The following are
considered principals:
1. Those who take a direct part in the execution of
the act;
2. Those who directly force or induce others to
commit it;
3. Those who cooperate in the commission of the
offense by another act without which it would
not have been accomplished.
 a. Principal by Direct Participation [RPC, Art. 17(1)]

• Those that actually perform acts necessary in

the commission of the offense. [REYES, Book 1]
• Requisites:
1. Offender Participated in the criminal resolution;
and
2. Offender Carried out their plan and Personally took
part in its execution by acts which directly tended
to the same end [People v. Ong Chiat Lay, supra]
 b. Principal by Inducement [RPC, Art. 17(2)]

• Those who directly force or induce others to

commit the offense. [REYES, Book 1]

• Requisites:
1. Inducement be made with the Intention of
procuring the commission of the crime
2. Said inducement is the Determining Cause of the
commission of the crime by the material
executor [US v. Indanan, G.R. No. L-8187 (1913)]
 TWO (2) WAYS OF INDUCEMENT
1. By using irresistible force or causing
uncontrollable fear
2. By giving of price or offering of reward or
promise or using words of command
 Effect of Acquittal of Principal by Direct
Participation
• General Rule: Conspiracy is negated by acquittal of
co-defendant. One cannot be held guilty of having
instigated the commission of a crime without first
being shown that the crime has been actually
committed by another. [People v. Ong Chiat Lay,
supra]

• Exception: When principal actor is acquitted

because he acted without malice or criminal intent.
[People v. Po Giok To, G.R. No. L-7236 (1955)]
 c. Principal by Indispensable Cooperation
[RPC, Art. 17(3)]
• Those who cooperate in the commission of the offense
by another, without which it would not have been
accomplished. [REYES, Book 1]

• Requisites:
1. Participation in criminal resolution such that there is
Anterior Conspiracy or unity of criminal purpose and
intention before the commission of the crime.
2. Cooperation in the commission of the offense by performing
another act which is Indispensable and without which it
would not have been accomplished. [REYES, Book 1]
Parties to a Crime
 1. Active Subject
• the offender (e.g., principal, accomplice, accessory)

• General Rule: Only natural persons can be the active subjects of a crime
due to the highly personal nature of criminal responsibility. Juridical
persons cannot be active subjects.

• Rationale: Only natural persons can act with personal malice or

negligence. Moreover, penalties such as substitution of deprivation of
liberty (subsidiary imprisonment) for pecuniary penalties in case of
insolvency, or destierro can only be executed against individuals.

• Exception: Special laws where corporations are expressly penalized for

their violations (e.g. Corporation Law, Public Service Law, Securities Law,
Election Code, etc.).
 2. Passive Subject

• the injured party.

 2. ACCOMPLICES
• Art. 18. Accomplices – Accomplices are the
persons who, not being included in Article 17,
cooperate in the execution of the offense by
previous or simultaneous acts.
• An accomplice cooperates in the execution of the offense
by previous or simultaneous acts, provided he has no direct
participation in its execution or does not force or induce
others to commit it, or his cooperation is not indispensable
to its accomplishment. [People v. Mandolado, supra]

• Requisites:
a. Community of Design: Knowing and concurring with the
criminal design of the principal by direct participation
b. Cooperation in the execution of the offense by
previous/simultaneous acts with the intent of supplying
material/moral aid; and
c. Relationship between acts of the principal and those attributed
to the accomplice [REYES, Book 1]
 3. ACCESSORIES
• Art. 19. Accessories – Accessories are those who, having knowledge of the
commission of the crime, and without having participated therein, either
as principals or accomplices, take part subsequent to its commission in
any of the following manners:

1. By profiting themselves or assisting the offender to profit by the effects

of the crime.
2. By concealing or destroying the body of the crime, or the effects or
instruments thereof, in order to prevent its discovery.
3. By harboring, concealing, or assisting in the escape of the principals of
the crime, provided the accessory acts with abuse of his public functions
or whenever the author of the crime is guilty of treason, parricide,
murder, or an attempt to take the life of the Chief Executive, or is known
to be habitually guilty of some other crime.
 Exemptions from Criminal Liability as an
Accessories
1. Crime is a light felony. [Art. 19 (c), RPC]; or
2. Principal is a relative under the exemptions in
RPC Art. 20, except if said accessory has
profited or assisted the principal in profiting
from the crime
 Relatives Included Under Art. 20
a. Spouse
b. Ascendant
c. Descendant
d. Legitimate/natural/adopted Brother or Sister
e. Relative by affinity within the same degree

Rationale: The ties of blood and the preservation of the

cleanliness of one’s name, which compels one to conceal
crimes committed by relatives so near as those
mentioned in this article.
 Forms of Repetition:
1. Recidivism/Reincindencia [Art. 14(9), RPC]
2. Habituality/Reiteracion [Art. 14(10), RPC]
3. Multi-recidivism/Habitual Delinquency [Art.
62(5), RPC]
4. Quasi-recidivism [Art. 160, RPC]
 1. RECIDIVISM
• Recidivist
– One who, at the time of his trial for one crime, shall have been
previously convicted by final judgment of another crime
embraced in the same title of the RPC. [People v. Lagarto, G.R.
No. 65833 (1991)]
• Requisites:
a. Offender is on Trial for a felony
b. He was Previously convicted by final judgment of another
crime
c. Both the first and second felonies are embraced in the Same
title of the RPC
d. Offender is Convicted of the new offense
 2. HABITUALITY (REITERACION)
• Requisites:
a. Offender is on Trial for an offense
b. He Previously served sentence for:
i. Another offense to which the law attaches Equal or greater
penalty; or
ii. 2 or more crimes to which it attaches Lighter penalty than
that for the new offense
c. Offender is Convicted of the new offense

NOTE: What is considered is the penalty attached to offense,

not the one actually imposed. [REYES, Book 1]
Offender Already Served Sentence
• There is no reiteracion if the accused was still
serving sentence at the time of the
commission of the offense. In
reiteracion/habituality, it is necessary that the
offender shall have served out his sentence for
the first offense. [REYES, Book 1]
 3. QUASI-RECIDIVISM
• Art. 160. Commission of another crime during service of
penalty imposed for another offense; Penalty. - Besides the
provisions of Rule 5 of Article 62, 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.

• Requisites:
a. Convicted by final judgment of one offense.
b. Committed a new felony Before/During service of such
sentence. [Art. 160, RPC]
 4. MULTI-RECIDIVISM/HABITUAL
DELINQUENCY
• Requisites
a. Offender had been convicted of any of the crimes of Theft; Falsification;
serious or less serious physical Injuries; Robbery; Estafa.
b. After conviction or after serving his sentence, he again committed, and,
within 10 years from his release or first conviction, he was again convicted of
any of the said crimes for the 2nd time
c. After his conviction of, or after serving sentence for the second offense, he
again committed, and, within 10 years from his last release or last
conviction, he was again convicted of any of said offenses, the 3rd time or
oftener. [Art. 62, RPC]

NOTE: Computation of the 10-year period can start from either the conviction OR
release of the accused in his previous crime and shall end with the date of his
conviction in the subsequent crime. [People v. Lacsamana, G.R. No. L-46270
(1938)]
Penalties
 Penalty

• The suffering that is inflicted

by the State for the
transgression of a law.
 Juridical Condition
1. Productive of suffering, without affecting the integrity of the human
personality.
2. Commensurate to the offense – different crimes must be punished
with different penalties.
3. Personal – no one should be punished for the crime of another.
4. Legal – it is the consequence of a judgment according to law.
5. Certain – no one may escape its effects.
6. Equal for all.
7. Definite – law does not permit any court to impose a sentence in the
alternative, its duty being to indicate the penalty imposed definitively
and positively. [People v. Mercadejas, C.A., 54 O.G. 5707 and People
8. Correctional
 Three-Fold Purpose of Penalties
1. Retribution/Expiation – penalty is
commensurate with gravity of offense
2. Correction/Reformation – seen in rules
regulating the execution of the penalties
consisting in the deprivation of liberty
3. Social Defense – seen in its inflexible severity
to recidivists and habitual delinquents
 Constitutional Restriction on Penalties

1. Excessive fines
2. Cruel, degrading and inhumane punishment
– when it is so disproportionate to the
offense committed so as to shock the moral
sense of all reasonable men as to what is
right and proper under the circumstances
3. Death Penalty, unless Congress provides for
it for heinous crimes
Classification of Penalty
 Major Classification
1. Principal Penalties - Those expressly imposed
by the court in the judgment of conviction.
2. Accessory Penalties - Those that are deemed
included in the imposition of the principal
penalties.
3. Subsidiary Penalties - Those imposed in lieu
of principal penalties, i.e. imprisonment in
case of the inability to pay the fine.
 Either Principal or Accessory
• The following may be principal or accessory
penalties, because they are formed in the two
general classes:
1. Perpetual or temporary absolute
disqualification
2. Perpetual or temporary special
disqualification (e.g., Arts. 226-228, RPC)
3. Suspension (e.g., Art. 236, RPC)
 According to Divisibility
• Divisible. Those that have fixed duration and can be divided into three
periods: minimum, medium, maximum.
a. Reclusion temporal
b. Prision mayor
c. Prision correccional
d. Suspension
e. Destierro
f. Arresto mayor
g. Arresto menor
• Indivisible. Those that have no fixed duration.
a. Death
b. Reclusion perpetua
c. Perpetual absolute/special disqualification
d. Public censure
 According to Subject-Matter
a. Corporal - Death.
b. Deprivation of freedom - Reclusion, prision,
arresto.
c. Restriction of freedom - Destierro.
d. Deprivation of Rights -Disqualification,
suspension.
e. Pecuniary - Fine.
 According to Gravity
a. Capital
b. Afflictive
c. Correctional
d. Light
Duration and Effects
Scale of Principal Penalties [Art. 25, RPC]

1. Capital Punishment: Death

2. Afflictive Penalties
a. Reclusion Perpetua,
b. Reclusion Temporal,
c. Perpetual or Temporary Absolute
Disqualification,
d. Perpetual or Temporary Special Disqualification,
e. Prision Mayor
3. Correctional Penalties
a. Prision Correccional
b. Arresto Mayor
c. Suspension
d. Destierro
4. Light Penalties
e. Arresto menor
f. Public censure
5. Penalties Common to the Three Preceding
Classes
g. Fine
h. Bond to keep the peace.
 Scale of Accessory Penalties
1. Perpetual or Temporary Absolute Disqualification
2. Perpetual or Temporary Special Disqualification
3. Suspension from public office, the right to vote
and be voted for, the profession or calling
4. Civil Interdiction,
5. Indemnification,
6. Forfeiture or confiscation of instruments and
proceeds of the offense,
7. Payment of costs
 Graduation of Penalties
• Degree - One entire penalty; one whole
penalty or one unit of the penalties
enumerated in the graduated scales provided
for in Art. 71 [ESTRADA, Book 1]

• Period - One of three equal portions, called

minimum, medium and maximum, of a
divisible penalty.
 Three-Fold Rule
1. Maximum duration of convict’s sentence: Shall not be more
than three (3) times the length of time corresponding to the
most severe penalty imposed upon him.
2. Limitation of maximum period: Period shall in no case exceed
forty (40) years.
3. Effect if total imposed sentence is more than the maximum
allowed: No other penalty shall be inflicted after the sum total
of those imposed equals the same maximum period.

NOTE: Three-fold rule applies although the penalties were imposed

for different crimes, at different times, and under separate
informations [Torres vs. Superintendent, G.R. No. 40373 (1933)
Extinction of Criminal Liabilities
 Total Extinction
1. Prescription of Crime
2. Prescription of Penalty
3. Death of the convict
4. Service of sentence
5. Amnesty
6. Absolute pardon
7. Marriage of the offended woman, as
provided in Art. 344 of the RPC
 Partial Extinction
1. Conditional pardon
2. Commutation of sentence
3. Good conduct allowances
4. Special time allowance for loyalty
5. Parole
6. Probation
 Continuing Crimes
• Continuing Crime
– Single crime consisting of a series of acts arising
from a single criminal resolution or intent not
susceptible of division.
• Requisites:
1. Plurality of Acts;
2. Unity of Penal provision infringed upon; and
3. Unity of Criminal Intent and Purpose
 One Larceny Doctrine
• For prosecution of theft cases, the one larceny
doctrine provides that the taking of several
things, whether belonging to the same or
different owners, at the same time and place,
constitutes one larceny only so long as there is
a single criminal impulse. [Santiago v. People,
G.R. No. 109266 (1993)]
Complex Crimes and Composite Crimes
• Art. 48. Penalty for complex crimes – When a
single act constitutes two or more grave or
less grave felonies, or when an offense is a
necessary means for committing the other,
the penalty for the most serious crime shall be
imposed, the same to be applied in its
maximum period.
 COMPOUND CRIME
• Requisites:
1. That only a Single act is performed by the
offender
2. That the single act produces:
a. 2 or more grave felonies, or
b. 1 or more grave and 1 or more less grave
felonies, or 2 or more less grave felonies
 Examples:
1. A single bullet killing two persons [People v.
Pama, C.A., 44 O.G. 3339 (1992)]
2. The act of raping a girl, causing her physical
injuries which required medical attention for
about 20 days. This is a complex crime of
rape with less serious physical injuries. [U.S.
v. Andaya, 34 Phil. 690 (1916)]
 COMPLEX CRIME
• Requisites:
1. That at least 2 offenses are committed
2. That one or some of the offenses must be
Necessary to commit the other
- Does not need to be “indispensable means”
3. That both or all the offenses must be
punished under the Same Statute.
 SPECIAL COMPLEX CRIMES
• In substance, there is more than one crime; but
from the eyes of the law, there is only one. The law
treats it as a single crime for which it prescribes a
single penalty. It is also called a composite crime.

• Requisites:
1. 2 or more crimes are committed
2. But the law treats them as a Single, Indivisible, and
unique offense
3. Product of Single Criminal Impulse
 Examples:
1. Robbery with Homicide [Art. 294 (1)]
2. Robbery with Rape [Art. 294 (2)]
3. Kidnapping with serious physical injuries [Art.
267 (3)]
4. Rape with Homicide [Art. 335]