VICTIMOLOGY

JOJO P. BAUTISTA, PhD

VICTIMOLOGY

• Is a branch of criminology which examines the role played by the victim in

a criminal incident.
• It is the study of the victims of crime.
GENERAL CLASSES OF VICTIMS (HANS
VON HENTIG)
• The young – weak by virtue of age and immaturity.
• The female – often less physically powerful than the male.
• The old – incapable of physical defense, and the object of confidence schemes.
• The mentally defective – unable to think clearly (feeble-minded, insane)
• The immigrants – unsure of the rules of conduct in the surrounding society.
• The minorities – racial prejudice may lead to victimization or unequal treatment
by the agencies of justice.
• The dull normal – the simple-minded person, the “born victims of swindlers.”
PSYCHOLOGICAL TYPES OF VICTIMS
(HANS VON HENTIG)
• The depressed – submissive by virtue of emotional condition.
• The acquisitive or greedy – always wanting more, looking for quick gains.
• The wanton or overly sensual – ruled by passion and thoughtlessly seeking
pleasure (e.g. promiscuous persons)
• The lonesome – similar to acquisitive type of victim by virtue of wanting
companionships or affection.
• The heartbroken – those suffering from heartaches and pain.
• The tormentor – a victim who asked for it, often from his or her family and
friends (e.g. Battered woman)
VICTIM TYPES(BENJAMIN MENDELSOHN-
REFERRED AS THE FATHER OF VICTIMOLOGY )

• Completely innocent victim – there is no provocation or facilitating behavior.

• Victim with minor guilt – victim inadvertently places himself in a compromising
situation.
• Victim as guilty as offender – victim was engaging in vice crimes and was hurt
(suicide victim).
• Victim more guilty than offender – victim provoked or instigated the causal act.
• Most guilty victim – victim started off as the offender and was hurt in turn.
• Imaginary victim – victim pretends to be one due to a mental disorder.
 NATURE OF
VICTIMIZATION
VICTIM CHARACTERISTICS
• Age – young people face a much greater victimization risk than older persons.
• Gender – except for the crimes of rape and sexual assault, males are more likely
than females to suffer violent crime.
• Social status –people in the lowest income categories are much more likely to
become crime victims than those who are more affluent.
• Marital status – divorced and never-married males and females are victimized
more often than married people.
• Race – in the U.S., African American (blacks) are more likely than whites to be
victims of violent crime.
• Residence – urban residents are more likely than rural or sub-urban residents to
become victims of crime.
TYPES OF CHARACTERISTICS THAT INCREASE
THE POTENTIAL FOR VICTIMIZATION
• Target vulnerability – victims’ physical weakness or psychological distress
renders them incapable of resisting or deterring crime and makes them easy
targets.
• Target gratifiability – some victims have some quality, possession, skill, or
attribute that an offender wants to obtain, use, have access to, or manipulate.
Having attractive possessions, such as leather coat may make one vulnerable to
predatory crime.
• Target antagonism – some characteristics increase risk because they arouse
anger, jealousy, or destructive impulses in potential offenders (being gay or
effeminate may bring on undeserved attacks on the street; being argumentative
and alcoholic may provoke assault.
WHO FEAR CRIME?
• Gender – females are more fearful than males.
• Race/Ethnicity – nonwhites are more fearful than whites.
• Age – people 30 years old and older are slightly more fearful than people less than 30
years old.
• Religion – Jews are more fearful than Protestants or Catholics.
• Community – people living in urban areas are more fearful than people living in rural
areas.
• Region – easterners and southerners are more fearful than Westerners and Midwesterners.
• Education – the higher the level of education of a person, the lower is the person’s fear for
crime.
• Income – fear of crime victimization declines with increasing family income.
 THEORIES OF
VICTIMIZATION
VICTIM PRECIPITATION THEORY
• Some people may initiate the confrontation that eventually leads to their injury or
death.

 Activeprecipitation – occurs when victims act provocatively, use threats or

fighting words, or even attack first.

 Passive precipitation – occurs when the victim exhibits some personal

characteristics that unknowingly threaten or encourage the attacker (walking
alone in a dangerous place, people compete over a job, promotion, love
interest).
LIFESTYLE THEORY
• People may become crime victims because their lifestyle increases their exposure
to criminal offenders.
• Victimization risk is increased by such behaviors as associating with young men,
going out in public places late at night, and living in an urban area.
• People who have high-risk lifestyles – drinking, taking drugs, and getting
involved in crime – maintain a much greater chance of victimization.
3 GENERAL CATEGORIES OF VICTIMS
ACCORDING TO THE LEVEL OF RISK
• High-Risk victims – victims in this group have a lifestyle that makes them a
higher risk for being a victim of a violent crime (i.e. prostitutes)
• Moderate-Risk victims – victims that fall into this category are lower risk
victims, but for some reason were in a situation that placed them in a greater
level of risk (i.e. a person that is stranded on a dark, secluded highway due to a
flat tire and accepts a ride from a stranger and is then victimized)
• Low-Risk victims – the lifestyle of these individuals would normally not place
them in any degree of risk for becoming a victim of a violent crime. These
individuals stay out of trouble, do not have peers that are criminal, are aware of
their surroundings, and attempt to take precautions so as not to be victimized.
DEVIANT PLACE THEORY

• Victims do not encourage crime but are victim-prone because they reside in
socially disorganized high-crime areas where they have the greatest risk of
encountering criminal offenders.
ROUTINE ACTIVITY THEORY
• First articulated by Lawrence Cohen and Marcus Felson.
• They concluded that the volume and distribution of predatory crime are closely
related to the interaction of three (3) variables that reflect the routine activities:
1. The availability of suitable targets
2. The absence of capable guardians
3. The presence of motivated offenders
PSYCHOLOGICAL EFFECTS OF
VICTIMIZATION
• Depression • Humiliation

• Anxiety • Anger

• paranoia • Shock

• Loss of control • Feelings of inequity

• Shame • Increased awareness of mortality

• Embarrassment • Tension

• Vulnerability • Fear

• Helplessness
SERVICES PROVIDED TO VICTIMS
• Assistance to victims who report crimes.
• Responding at the scene of crime to provide crisis counseling.
• Providing 24-hour telephone hotline service to victims and witnesses.
• Making emergency monetary aid available to victims.
• Providing victims with referral services to appropriate agencies.
• Helping victims to obtain the return of property.
• Assisting victims and witnesses throughout their court appearances.
THANK YOU
AND
GOD BLESS!
INTRODUCTION TO
CRIMINAL LAW
JOJO P. BAUTISTA, PhD
NORMS, FOLKWAYS, AND MORES
• Norms - indicate societal expectations of what is right or “normal,” of what
ought to be; they may also indicate what is wrong or “abnormal,” what ought not
to be.
• Folkways - define what is socially approved or disapproved, but they do not
reflect a sense of moral obligation. are culturally defined norms of etiquette that
are not very serious if broken (dressing appropriately at work, raising your hand
to speak, saying please and thank you)
• Mores - are moral norms. adherence is far more obligatory. Violation of mores is
met with a strong sense of moral obligation. often linked to religious rules. If
you break them you would be seen as not just in poor taste, but immoral.
LAW AND CRIMINAL LAW
• Law – may be defined as formal social control involving the use of rules or
norms that are enacted, interpreted, administered, and enforced by specialized
agents of the political state or community.
• Criminal law – is that branch or division of law which defines crimes, treats of
their nature, and provides for their punishment (RPC).
• Criminal law – is a branch of jurisprudence that deals with offenses committed
against the safety and order of the state.
 Criminal law is a public law – because the state behaves as if it were the aggrieved party when
criminal law is breached.
 Criminal law is a statutory law – because it is derived from statutes enacted duly by authorized
legislative bodies; it is substantive because it is administered and enforced by courts.
GOALS OF LAW
• Enforcing social control
• Discouraging revenge
• Expressing public opinion and morality
• Deterring criminal behavior
• Punishing wrongdoing
• Maintaining social order
IDEAL CHARACTERISTICS OF
CRIMINAL LAW
• Politicality – it refers to the legitimate source of criminal law. Only violations of
rules made by the state (that is the political jurisdiction that enacted the laws) are
crimes.
• Specificity – it is the scope of criminal law. Although civil law may be general in
scope, criminal law should provide definitions of specific acts.
• Regularity – it means the applicability of the criminal law to all persons.
• Uniformity – it is how the criminal law should be enforced.
• Penal sanction – violators will be punished or at least threatened with
punishment by the state.
DEVELOPMENT OF CRIMINAL LAW
• Code of Hammurabi (1750-1792 B.C.) – it established a system of crime and
punishment based on physical retaliation or an “eye for an eye, tooth for a
tooth” method.
• The Mosaic Code (1200 B.C.) – this was based on the tradition that God entered
into a covenant or contract with the tribes of Israel. In return for God’s special
care and protection, they agreed to obey his law (the 613 laws of the Old
Testament, including the Ten Commandments) presented to them by Moses.
• The Roman Law (450 B.C.) – this is contained in the Twelve Tables, formulated
by a special commission of ten noble Roman men in response to pressure from
lower classes, who were referred to as Plebeians.
DEVELOPMENT OF CRIMINAL LAW
• Draconian Code (17th century) – was a written law code created by Draco in
response to the unjust interpretation and modification of moral law by Athenian
Aristocrats.
• Common Law – it was developed during the reign of Henry II (1154-1189)
became a standardized law and justice system.
 Under this law, if a new rule was successfully applied in a number of different
cases, it would become a precedent.
 This early English Law became the standardized law on inherently evil and
bad.
 t became the standardized law of England;
 it formed the basis of the criminal law of the United States.
DEVELOPMENT OF CRIMINAL LAW
• Code of Kalantiaw (1433) – a mythical legal code believed to have been written
by Datu Kalantiaw of the island of Negros, purportedly had existed during the
Pre-Spanish Era. It is regarded as the first set of criminal laws in the country.
The code is known for imposing cruel forms of punishments such as drowning in
a river, dipping hands in boiling water, exposure to ants, and flogging with
spines to death.
• The Spanish Codigo Penal – was made applicable by virtue of Royal Decree of
1870. it was later replaced by old Penal Code (1876) until American
colonization. On December 8, 1930, the same penal code was amended through
Act No. 3815, otherwise known as “The Revised Penal Code.”
 A BRIEF STUDY OF
PHILIPPINE CRIMINAL
LAW
SOURCES OF PHILIPPINE CRIMINAL
LAW
• The Revised Penal Code (Act No. 3815) and its amendments.
• Special Laws passed by the Philippine Commission, Philippine Assembly,
Philippine Legislature, National Assembly, the Congress of the Philippines, and
Batasang Pambansa.
• Penal presidential decrees issued during the Martial Law.
CHARACTERISTICS PHILIPPINE
CRIMINAL LAW
• It is general in application
• It is territorial in character
• It is prospective
• It is specific and definite
• It is uniform in application
• There must be a penal sanction or punishment
CHARACTERISTICS PHILIPPINE
CRIMINAL LAW
• It is general in application – all provisions of our criminal law are equally
applied to all persons who are living within the territories of the land, regardless
of their sex, race, religion, education, status, and other personal circumstances.
 Exceptions:

a) Heads of states or countries

b) Foreign diplomats and duly accredited ambassadors from other countries
c) Foreign troops permitted to be in our country to participate in any war
exercises
CHARACTERISTICS PHILIPPINE
CRIMINAL LAW
• It is territorial in character – as a rule, penal laws of the Philippines are
enforceable within its territory and the whole archipelago, including its
atmosphere, its interior waters, and maritime zone. The national territory
comprises the Philippine archipelago, with all the islands and water embraced
therewith, and all other territories over which the Philippines has sovereignty or
jurisdiction, consisting of its terrestrial, fluvial, and aerial domains, including its
territorial sea, seabed, the subsoil, the insular shelves, and other submarine areas.
The waters around, between, and connecting the islands of the archipelago,
regardless of their breadth and dimensions form part of the internal waters of the
Philippines. To determine the territoriality of the seashore, the three-mile limit
measurement is used during low tide.
CHARACTERISTICS PHILIPPINE
CRIMINAL LAW
 Exceptions:
a) The offense was committed while on a Philippine ship or airship considered as a flag carrier,
being registered with the Bureau of Customs.
b) Forging or counterfeiting any coin or currency note of the Philippines or obligations and
securities issued by the Government committed outside the country.
c) Importing or bringing into the Philippines any counterfeited or forged coin, currency note, or
obligation or securities issued by the government.
d) While being public officers or employees, should commit an offense in the exercise of their
functions.
e) Should commit any of the crimes against national security and the law of nations.
CHARACTERISTICS PHILIPPINE
CRIMINAL LAW
• It is prospective – a penal law cannot make an act punishable in a manner in
which it was not punishable when committed since it can only be punished under
the laws in force at the time of their commission.
• It is specific and definite – the criminal law gives a strict definition of the
specific act committed. However, when doubt exists as to whether a definition
contained in the Revised Penal Code applies to the accused or not, the judge is to
decide in favor of the accused.
CHARACTERISTICS PHILIPPINE
CRIMINAL LAW
• It is uniform in application – when the law is general in application, the
punishment given to the convicted person is in the same context, that no
exception must be made as to criminal liability. The defined crime, together with
the corresponding punishment, must be uniformly given although differently
enforced based of the specific provision of the law.
• There must be a penal sanction or punishment – penal sanction is the most
important part of in the violation of laws since it acts as deterrence in the further
violation of laws. The state uses sanction in terms of self-defense to protect the
society from the wrongs inflicted by a would-be criminal.
THE REVISED PENAL
CODE
(ACT NO. 3815)
TOOK EFFECT ON JANUARY 1, 1932
TWO PARTS OF THE REVISED PENAL
CODE
• Book One – provides the general provisions on the application of the law and the
general principles of criminal law. It defines and classifies felonies and identifies
circumstances which affect criminal liability. It also stipulates the classification,
duration, and effects of criminal penalties. Likewise, it provides for the existence
and extinction of criminal and civil liabilities in crimes.
• Book Two – defines and classifies the specific crimes and their corresponding
penalties.
TWO PARTS OF THE REVISED PENAL
CODE
• Book One – provides the general provisions on the application of the law and the
general principles of criminal law. It defines and classifies felonies and identifies
circumstances which affect criminal liability. It also stipulates the classification,
duration, and effects of criminal penalties. Likewise, it provides for the existence
and extinction of criminal and civil liabilities in crimes.
• Book Two – defines and classifies the specific crimes and their corresponding
penalties.
Note: not all crimes in the Philippines are penalized under the Code. Certain acts are penalized under special legislations
(Special Laws) contained in Republic Acts, PD, EO, etc. With the abolition of the death penalty in 2006, the highest possible
penalty under the RPC at present is reclusion perpetua, which ranges from 20 years and 1 day to 40 years imprisonment ..
Life imprisonment as a penalty is not provided for in the RPC, although it is imposed by other special laws.
PARTS OF THE REVISED PENAL CODE
• Date of effectiveness and application of the provisions of the Code (Art. 1-2)
• Felonies, Circumstances Affecting Criminal Liability, and Persons Criminally
Liable for Felonies (Art. 3-20)
• Penalties, as well as Criminal and Civil Liabilities (Art. 21-113)
• Crimes and Penalties (Art. 114-367)
BASIC MAXIMS IN CRIMINAL LAW
• Doctrine of Pro Reo – whenever a penal law is to be construed or applied and the law admits of
two interpretations – one lenient to the offender and one strict to the offender – that
interpretation which is lenient or favorable to the offender will be adopted.
• Nullum crimen, nulla poena sine lege – there is no crime when there is no law punishing the
same.
• Actus non facit reum, nisi mens sit rea – the act cannot be criminal where the mind is not
criminal. The maxim is a cardinal doctrine of the Criminal Law. To be guilty of crime under
criminal law requires two (2) element:
1) Actus Reus (a guilty act)
2) Mens Rea (a guilty state of mind)
 BASIC MAXIMS IN CRIMINAL LAW
• Doctrine of Pro Reo – whenever a penal law is to be construed or applied and the law admits of
two interpretations – one lenient to the offender and one strict to the offender – that
interpretation which is lenient or favorable to the offender will be adopted.
• Nullum crimen, nulla poena sine lege – there is no crime when there is no law punishing the
same.
• Actus non facit reum, nisi mens sit rea – the act cannot be criminal where the mind is not
criminal. The maxim is a cardinal doctrine of the Criminal Law. To be guilty of crime under
criminal law requires two (2) element:
1) Actus Reus (a guilty act)
2) Mens Rea (a guilty state of mind)

The act itself does not constitute guilt unless done with a Actus reus and Mens rea must coincide to create a criminal
guilty intent. liability.
THEORIES OF CRIMINAL
LAW
THEORIES OF CRIMINAL LAW
• Classical theory
 Characteristics:
1) The basis of criminal liability is human free will, and the purpose of penalty
is retribution.
2) 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.
3) It has endeavored to established a mechanical and direct proportion between
crime and penalty.
4) There is a scant regard to the human element.
THEORIES OF CRIMINAL LAW
• Positivist theory
 Characteristics:
1) Man is subdued occasionally by a strange and morbid phenomenon which
conditions him to do wrong in spite of, or contrary to his volition.
2) Crime is essentially a social or natural phenomenon.as such, it cannot be
treated and checked by the application of abstract principles of law and
jurisprudence nor by the imposition of a fixed and determined punishment,
but rather through the enforcement of individual measures in each case after
a thorough, personal and individual investigation conducted by a competent
body of psychiatrists and social scientists.
APPLICATION OF PHILIPPINE CRIMINAL
LAW
1. Should commit an offense while on a Philippine ship or airship;
• For crimes committed on board foreign merchant vessel or airplane, Philippine criminal laws has no
jurisdiction or application.
• Crimes or offenses committed on board foreign merchant while on Philippine waters are triable before
Philippine courts.
• Crimes or offenses not involving a breach of public order committed on board a foreign merchant
vessel in transit are not triable in Philippine Courts.
• Philippine courts have no jurisdiction over offenses committed on board a foreign warship even not
within Philippine territory. Warships are always regarded to be an extension of the territory of the
country where they belong.
• Should forge or counterfeit any coin or currency note of the Philippine Islands or obligations and
securities issued by the government of the Philippine Islands.
• Should be liable for acts connected with the introduction into these islands of obligations and
securities mentioned in the preceding number.
• While being public officers or employees, should commit an offense in the exercise of their functions.
• Should commit any of the crimes against national security and the law of nation defined in Title One,
Book Two of the Revised Penal Code.
FELONY, OFFENSE, MISDEMEANOR,
AND CRIME
Felony is referred to as crime under the Revised Penal Code felony. A
violation of a special law is not a felony.
A crime punished under a special law is called as statutory offense.
A minor infraction of the law, such as violation of an ordinance, is referred
to as a misdemeanor.
Whether the wrongdoing is punished under the Revised Penal Code or
under a special law, the generic word crime can be used.
FELONIES
• Acts and omissions punishable by law are felonies (delitos).
• Felonies are committed not only be 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.
FELONIES
• Acts and omissions punishable by law are felonies (delitos).
• Felonies are committed not only be 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.
Act – refers to any kind of body movement that produces change in the outside world. Acts
particularly refer to overt acts or external acts.

Omission – means inaction or failure to perform a positive duty which one is bound to do. (ex.
Abandonment of persons in danger)
ELEMENTS OF FELONIES
1. There must be an act or omission.
2. The act or omission must be punishable by law.
3. The act must be committed by means of deceit (dolo) or fault (culpa)
INTENTIONAL FELONY AND CULPABLE
FELONY
• Intentional felonies – the act or omission of the offender is malicious. The act is
performed with deliberate intent (with malice). Malice is the intent to do an
injury to another or to person, property, or right of another.
• Culpable felonies – the act or omission of the offender is not malicious. The
injury caused by the offender to another is “unintentional,” it being simply the
incident of another act performed without malice.
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.
CONSUMMATED, FRUSTRATED, AND
ATTEMPTED FELONIES
A felony is consummated when all the elements necessary for its execution
and accomplishment are present;
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.
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.
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.
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.
 CIRCUMSTANCES
AFFECTING CRIMINAL
LIABILITY
JUSTIFYING CIRCUMSTANCES
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. Anyone 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.
JUSTIFYING CIRCUMSTANCES
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.
JUSTIFYING CIRCUMSTANCES

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.
EXEMPTING CIRCUMSTANCES
1. 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 (delito), 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.
2. A person under nine years of age.
3. 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 Art.
80 of this Code.
When such minor is adjudged to be criminally irresponsible, the court, in conformably
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 Art. 80.
EXEMPTING CIRCUMSTANCES
4. Any person who, while performing a lawful act with due care, causes an injury
by mere accident without fault or intention of causing it.
5. Any person who act under the compulsion of irresistible force.
6. Any person who acts under the impulse of an uncontrollable fear of an equal or
greater injury.
7. Any person who fails to perform an act required by law, when prevented by
some lawful insuperable cause.
MITIGATING CIRCUMSTANCES
1. Those mentioned in the preceding chapter, when all the requisites necessary to
justify or to exempt from criminal liability in the respective cases are not attendant.
2. That the offender is under eighteen year of age or over seventy years. In the case of
the minor, he shall be proceeded against in accordance with the provisions of Art. 80.
3. That the offender had no intention to commit so grave a wrong as that committed.
4. That sufficient provocation or threat on the part of the offended party immediately
preceded the act.
5. That the act was committed in the immediate vindication of a grave offense to the
one committing the felony (delito), his spouse, ascendants, or relatives by affinity
within the same degrees.
MITIGATING CIRCUMSTANCES
6. That of having acted upon an impulse so powerful as naturally to have produced
passion or obfuscation.
7. That the offender had voluntarily surrendered himself to a person in authority or
his agents, or that he had voluntarily confessed his guilt before the court prior to
the presentation of the evidence for the prosecution;
8. That the offender is deaf and dumb, blind or otherwise suffering some physical
defect which thus restricts his means of action, defense, or communications with
his fellow beings.
9. Such illness of the offender as would diminish the exercise of the will-power of
the offender without however depriving him of the consciousness of his acts.
10. And, finally, any other circumstances of a similar nature and analogous to
those above mentioned.
AGGRAVATING CIRCUMSTANCES
1. That advantage be taken by the offender of his public position.
2. That the crime be committed in contempt or with insult to the public authorities.
3. That the act be committed with insult or in disregard of the respect due the
offended party on account of his rank, age, or sex, or that is be committed in the
dwelling of the offended party, if the latter has not given provocation.
4. That the act be committed with abuse of confidence or obvious ungratefulness.
5. That the crime be committed 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.
AGGRAVATING CIRCUMSTANCES
6. That the crime be committed in the night time, or in an uninhabited place, or by a band,
whenever such circumstances may facilitate the commission of the offense.
Whenever more than three armed malefactors shall have acted together in the
commission of an offense, it shall be deemed to have been committed by a band.
7. That the crime be committed on the occasion of a conflagration, shipwreck, earthquake,
epidemic or other calamity or misfortune.
8. That the crime be committed with the aid of armed men or persons who insure or afford
impunity.
9. That the accused is a recidivist.
A recidivist is 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 this Code.
10. That the offender has been previously punished by an offense to which the law attaches an
equal or greater penalty or for two or more crimes to which it attaches a lighter penalty.
AGGRAVATING CIRCUMSTANCES
11. That the crime be committed in consideration of a price, reward, or promise.
12. That the crime be committed by means of inundation, fire, poison, explosion, stranding of a
vessel or international damage thereto, derailment of a locomotive, or by the use of any other
artifice involving great waste and ruin.
13. That the act be committed with evidence premeditation.
14. That craft, fraud or disguise be employed.
15. That advantage be taken of superior strength, or means be employed to weaken the defense.
16. That the act be committed with treachery (alevosia).
There is treachery when the offender commits any of the crimes against the person,
employing means, methods, or forms in the execution thereof which tend directly and specially
to insure its execution, without risk to himself arising from the defense which the offended party
might make.
AGGRAVATING CIRCUMSTANCES
17. That means be employed or circumstances 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.
19. That as a means to the commission of a crime a wall, roof, floor, door, or
window be broken.
20. That the crime be committed with the aid of persons under fifteen years of age
or by means of motor vehicles, airships, or other similar means.
21. That the Wrong done in the commission of the crime be deliberately
augmented by causing other wrong not necessary for its commission.
ALTERNATIVE CIRCUMSTANCES
Alternative circumstances are those which must be taken into consideration
as aggravating or mitigating according to the nature and effects of the crime and
the other conditions attending its commission. They are the relationship,
intoxication and the degree of instruction and education of the offender.
The alternative circumstance of relationship shall be taken into
consideration when the offended party in the spouse, ascendant, descendant,
legitimate, natural, or adopted brother or sister, or relative by affinity in the same
degrees of the offender.
The intoxication of the offender shall be taken into consideration as a
mitigating circumstances when the offender has committed a felony in a state of
intoxication, if the same is not habitual or subsequent to the plan to commit said
felony but when the intoxication is habitual or intentional, it shall be considered as
an aggravating circumstance.
PERSONS CRIMINALLY LIABLE
• 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.
• Accomplices are those persons who, not being included in Article 17, cooperate
in the execution of the offense by previous or simultaneous acts.
PERSONS CRIMINALLY LIABLE
• 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:
a. By profiting themselves or assisting the offender to profit by the effects of
the crime.
b. By concealing or destroying the body of the crime, or the effects or
instruments thereof, in order to prevent its discovery.
c. 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.
THANK YOU
AND
GOD BLESS!