Criminal Law I This means that the law is applicable to all crimes committed

within the limits of Philippine territory, which includes its atmosphere,

GENERAL ASPECTS OF CRIMINAL LAW interior waters and maritime zone. (Art. 2, Revised Penal Code)
CRIMINAL LAW DEFINED
The provisions of Revised Penal Code may also apply outside of
Criminal Law is that branch of municipal law which defines crimes, treats of Philippine territory against those:
their nature and provides for their punishment.
1. Persons who should commit an offense while on Philippine ship or airship;
DEFINITION OF CRIME 2. Persons who should forge or counterfeit any coin or currency note or any
obligation or security of the Philippine government;
A crime is the commission or omission by a person having capacity, of any 3. Persons who should be liable for acts connected with the introduction into
act, which is either prohibited or compelled by law and the commission or the country of the obligations and securities aforestated;
omission of which is punishable by a proceeding brought in the name of the 4. Persons who while being public officers or employees, should commit an
government whose law has been violated. offense in the exercise of their functions;
5. Persons who should commit any of the crimes against national security
If the crime is punished by the Revised Penal Code it is called felony; if by and the law of nations as defined in Title I, Book II of the Revised Penal Code
special law, it is called an offense; and of by an ordinance, it is called an (Art. 2).
infraction of an ordinance.
3. Irrestrospectivity or Prospectivity
His means that the law does not have any retroactive effect,
POWER to Define and Punish an Act of Crime except if it favors the offender unless he is a habitual delinquent (Art.22) or
the law otherwise provides.
The power to define and punish an act of crime is delegated to the
LEGISLATIVE DEPARTMENT where the legislative power invested in the Three rules are to be observed:
constitution. It has the power to define and punish am act or omission as a
crime. However, under the constitution, the CHIEF EXECUTIVE OR THE 1. A penal law does not have retroactive effect;
PRESIDENT by an executive order may perform this prerogative in the 2. If favourable to the accused, a penal law may be given retroactive effect;
exercise of his emergency power and this is properly delegated by law. 3. Even if favourable to the accused, a penal law cannot be given retroactive
effect if the accused is a habitual delinquent or the law so expressly provides.
LIMITATIONS UPON THE POWER OF THE LEGISLATURE TO ENACT PENAL
LAWS Penal law cannot make an act punishable when it was not
1. It cannot enact an ex post facto law nor a bill of attainder. punishable when committed. Crimes are punished under the laws in force at
2. A penal law must be of general application. the time the same were perpetrated. There is no crime without a penalty and
3. It cannot provide for a cruel, degrading or inhuman punishment nor can it there is no penalty without a law. (Art 366)
impose excessive fines.

An ex post facto law is a law that punishes an act although such FELONIES IN GENERAL
act is not yet punishable at the time of commission. A bill of attainder is a law
that punishes a crime without due process or trial. Art. 3 – Definition. – Acts and omissions punishable by law are
felonies (delitos).
CHARACTERISTICS OF CRIMINAL LAW:
Generality Felonies are committed not only by means of deceit (dolo) but
also by means of fault (culpa).
This means that the law is binding upon all persons who reside or
sojourn in the Philippines, irrespective of age, sex, color, creed or personal There is deceit when the act is performed with deliberate intent;
circumstances. and there is fault when the wrongful act results from imprudence.
Negligence, lack of foresight, or lack of skill.
The rule of the general application of penal law does not apply to
those cases so provided by public international law (Art. 14 civil code), by
treaty stipulations pr by law of preferential application like the Constitution. There is deceit when the act is performed with deliberate intent;
(Art. 2) and there is fault when the wrongful act results from imprudence.
Negligence, lack of foresight, or lack of skill.
Under the principles of public international law, sovereigns or
hears of states, ambassadors, ministers plenipotentiary and ministers – FELONY is any act or omission punishable by law. The elements of
resident, charges d’affairs and attache’s are exempt from criminal felony are the following:
prosecution. As regards consuls and vice – consuls, their exemption will
depend upon a treaty stipulation. An honorary consul is not included in this 1. There is an act or omission;
exception. 2. It is punishable by the Revised Penal Code; and
3. It is committed either by dolo or by culpa.
Members of congress are not liable for libel or slander in
connection with any speech delivered on the floor of the house during
regular or special session. (Article IV, Sec, 11 1987 Constitution) Elements of Dolo:
1. There is freedom.
Immunity may be extended to certain persons according to the 2. There is punishable by the Revised Penal Code; and
provisions of a treaty, or by the voluntary act of the government. Diplomatic 3. It is committed either by dolor by culpa.
Immunity is when a diplomatic agent shall enjoy immunity from the criminal Elements of Culpa:
jurisdiction of the receiving State. He shall also enjoy immunity from its civil 1. There is freedom.
and administrative jurisdiction except in the case of: xxx (c) an action relating 2. There is intelligence.
to receiving State outside his official functions. 3. There is negligence or imprudence.
Territoriality
DOLO and CULPA, Distinguished
 PRAETER INTENTIONEM is the injurious result is different from
“Dolo” and “Culpa” are both voluntary and freely committed. Dolo that intended.
is intentional, whereas, culpa is not intentional. Where there is intent, there
can be no negligence. In culpable felonies, intent is replaced by fault. Give illustrative example for each circumstance.
Dolo involves malice or deliberate intent while Culpa results from
negligence, imprudence, lack of foresight or lack of skill. Imprudence is the PROXIMATE CAUSE is the cause, which is natural and continous
deficiency of action while negligence is the deficiency of perception. sequence, unbroken by any efficient intervening cause, produces the injury,
and without which the result would not have occurred.
May a crime be committed without criminal intent? IMPOSSIBLE CRIME
Yes, in two cases: felonies committed by means of culpa and The second paragraph of article 4 made liable any person who
offenses punishable as mala prohibita. commits acts that constitute impossible crime.

MISTAKE OF FACTS is an act or omission which is the result of a

misapprehension of facts that is voluntary but not intentional. The actor Elements:
performed an act which would be lawful had it been true as he believed it to 1. The acts are performed which would be a crime against person or
be. Mistake of facts does not apply to mistake of identity because in the property:
latter there is intent. 2. There is criminal intent:
3. It is not accomplished because of inherent impossibility or because the
means employed is inadequate or ineffectual.
MISTAKE OF FACT AS A DEFENSE REQUISITES: 4. That the act performed should not constitute a violation of another
provision of the Revised Penal Code.
1. The act done would have been lawful had the facts been as accused
believed them to be.
2. The intention of the accused in doing the act was lawful. Give Illustrative example
3. The mistake was without fault or carelessness on the part of the accused.
Penalty for Impossible Crime
MALA IN SE and MALA PROHIBITA
Art. 59 penalty of arresto mayor or a fine from 200 to 500 pesos.
Mala in se is a wrong from its very nature as those felonies
punished in the Revised Penal Code. In its commission, intent is an element
and good faith is a defense. STAGES OF EXECUTION OF A FELONY

Art. 6. Consumated. Frustrated, and Attempted Felonies

Mala prohibita is a wrong because it is prohibited by law. Without
the law punishing the act, it cannot be considered a wrong. The mere Consummated – When all the elements necessary for its
commission of that act is what constitutes the offense punished and criminal execution and accomplishment are present.
intent will be immaterial for reason of public policy.
Frustrated – When the offender has performed all the acts of
HOW IS CRIMINAL LIABILITY INCURRED execution to produce the felony as a consequence but the crime does not
Art. 4. Criminal Liability – Criminal liability shall be incurred: result due to some cause independent of the will of the offender.

1. By any person committing a felony (delito) although the wrongful act done
be different from that which he intended; Attempted – When the offender begins the commission of the
2. By any person performing an act which would be an offense against felony by direct overt acts but does not perform all the acts of execution
persons or property, were it not for the inherent impossibility of its which should produce the felony as a consequence by reason of some cause
accomplishment or on account of the employment of inadequate or or accident other than his own spontaneous desistance.
ineffectual means.
Give Illustrative example for each stage of execution of a felony.

Circumstances Affecting Criminal Liability (JEMAA)

Rules regarding criminal liability in case of a felony committed
even though the wrongful act done be different from that intended: Justifying Circumstances – Those wherein the acts of the actor are
in accordance with law and, hence, he incures no criminal and civil liability.
“El que es causa de la causa es cause del mal causado” – he who is
the cause of the cause is the cause of the evil caused and one is liable for all
the direct and natural consequences of his unlawful act, even if the ultimate Exempting Circumstances – Those wherein there is an absence in
result had not been intended. the agent of the crime any of all the conditions that would make an act
voluntary and, hence, although there is no criminal liability, there is civil
The act committed must be a felony. The rule does not apply to liability.
the felonies committed by culpa because there must be criminal intent. It
follows that if the act committed is lawful, even though an injury results, Mitigating Circumstances – Those that have the effect of reducing
there is no criminal liability, except if the act is committed with negligence. the penalty because there is a diminution of any of the elements of dolo or
culpa, which makes the act voluntary or it is because of the lesser perversity
of the offender.
CAUSES WHICH MAY PRODUCE A RESULT DIFFERENT FROM THAT
INTENDED: Aggravating Circumstances – Those which serve to increase the
penalty without exceeding the maximum provided by law because of the
ERROR IN PERSONAE is the mistake in the identity of the victim. greater perversity of the offender as shown by the motivating power of the
ABERRATIO ICTUS is the mistake in the blow. commission of the crime, the time and place of its commission, the means
employed or the personal circumstances of the offender.
 BATTERED WOMAN SYNDROME
Alternative Circumstances - Those which are considered either
aggravating or mitigating according to the nature and effects of the crime Elements of BWS under R.A. 9262:
and the other conditions attending its commission. 1. The battered woman and batter must have a relationship – sexual
relations or dating relationship;
2. The battered woman must be suffering from physical and
psychological or emotional distress; (what is battery?)
Art. 11. Justifying circumstances 3. Physical and psychological or emotional distress resulted from
cumulative abuse by batterer; (single act of battery – exercise right of self-
defense)
1. Anyone who acts in defense of his person or rights, provided that the 4. The battered woman must have actually feared imminent harm
following circumstances concur; from her batterer and honestly believed in the need to kill him in order to
save her life.
First. Unlawful aggression
2. Anyone who acts in defense of the person or rights of his spouse,
Second. Reasonable necessity of the means employed to prevent or repel it. ascendants, descendants or legitimate, natural or adopted brothers or
sisters, of his relatives by affinity in the same degrees and those
Third. Lack of sufficient provocation on the part of the person defending consanguinity within the fourth civil degree, provided that the first and
himself. 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.
SELF DEFENSE DEFENSE OF RELATIVES
Article 11 (1) speaks of anyone who acts in defense of his person or rights. Requisites:
Defense of person – defense against unlawful aggression, which constitutive 1. unlawful aggression;
of crime against person 2. reasonable necessity of the means employed to prevent or
Defense of right – defense against unlawful aggression which is constitutive repel it;
of a crime involving the right of the defender such as theft, acts of 3. lack of participation in relative’s provocation.
lasciviousness and libel
SELF DEFENSE Person being defended:
Defense of property right – Principle of Self-Help (Art. 429 of the Civil Code) 1. spouse;
= a defender may employ reasonable and necessary means to 2. ascendants;
prevent or repel unlawful aggression against his property right pursuant to 3. descendants;
the rule on self-defense in relation to the principle of self-help; assault on 4. brother or sister, legitimate, natural or adopted;
property amounts to unlawful aggression 5. relatives by affinity in the same degrees (ex. Parents in-law, son
in-law, daughter in-law, brother in-law, sister in-law, stepfather, stepmother,
Old Rule: Pp vs. Apolinar (CA 38, OG 2870) Defense of property is not of such stepchild);
importance as right to life, and defense of property can be invoked as 6. relatives by consanguinity within the fourth civil degree.
justifying circumstance only when it is coupled with an attack on the person
of the one entrusted with said property 3. Anyone who acts in defense of the person or rights of a stranger, provided
SELF DEFENSE that the first and second requisites mentioned in the first circumstance of
Controlling rule: this Art. Are present and that the person defending be not induced by
Case: Pp vs. Narvaez (G.R. Nos. L-33466-67, April 20, 1983) revenge, resentment, or other evil motive.
Facts: Accused was taking a rest but when he heard that the walls
of his house were being chiseled, he arose and he found that 1 of the
laborers was indeed chiseling the wall of his house with a crowbar, while Defense of Stranger
deceased Rubia was nailing the barbed wire and Davis was commanding his
laborers. Accused pleaded to stop the fencing. Accused got his gun and shot Elements:
Davis and Rubia. There was unlawful aggression despite the fact that the
invasion of his property right was not coupled with an attack against the There is unlawful aggression.
accused. There is reasonable necessity of the means employed to prevent or repel it.
Note: Accused was still convicted since the resistance that he The person defending be not induced by revenge, resentment or other evil
employed against the invaders of his property was unreasonable and motives.
disproportionate to the attack against his property right
BATTERED WOMAN SYNDROME
refers to a scientifically defined pattern of psychological and behavioral
symptoms found in women living in battering relationships as a result of
cumulative abuse.
"Dating relationship" refers to a situation wherein the parties live as husband 4. Any person who, in order to avoid an evil or injury, does an act which
and wife without the benefit of marriage or are romantically involved over causes damage to another, provided that the following requisites are
time and on a continuing basis during the course of the relationship. A casual present;
acquaintance or ordinary socialization between two individuals in a business AVOIDANCE OF GREATER EVIL OR INJURY (‘State of Necessity’)
or social context is not a dating relationship. First, The evil sought to be avoided actually exists;
"Sexual relations" refers to a single sexual act which may or may not result in Second. That the injury feared be greater than that done to avoid it;
the bearing of a common child. Third. That there be no other practical and less harmful means of preventing
it.
BATTERED WOMAN SYNDROME

Section 26 of R.A. 9262 – Victim-survivors who are found by the courts to be State of Necessity
suffering from battered woman syndrome do not incur any criminal and civil
liability notwithstanding The evil sought to be avoided actually exists.
- Even in the absence of any of the elements for justifying The injury feared be greater than that done to avoid it.
circumstances of self-defense under the RPC There is no other practical and less harmful means of preventing it.
 manner the crime was committed (i.e. commission of the crime during
nighttime to avoid detection; taking the loot to another town to avoid
Fulfilment of a Duty or Exercise of Right or Office discovery), or
Elements: the conduct of the offender after its commission (i.e. elation of satisfaction
The offender acted in the performance of a duty or the lawful exercise of a upon the commission of his criminal act as shown by the accused cursing at
right or office. the victim).
The injury caused or the offense committed is the necessary consequence of
the due performance of such right or office. 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 acts in the fulfilment of a duty or in the lawful lexercise of ACCIDENT: Something that happens outside the sway of our will, and
a right or office. although it comes through some act of our will, lies beyond the bounds of
humanly foreseeable consequences.

ACCIDENT
6. Any person who acts in obedience to an order issued by a superior for Elements:
some lawful purpose. There is a performance of a lawful act;
It is with due care;
It causes injury to another by mere accident; and
Obedience to Superior Order It is without any fault or intention of causing it.
Give Illustrative examples and cited some decided cases
Elements:

There is an order that has been issued by a superior. 5. Any person who act under the compulsion of irresistible force.
The order is for a legal purpose. The irresistible force must produce such an effect upon the
The means used to carry out said order is lawful. individual that, in spite of all resistance, it reduces him to a mere instrument,
and as such, incapable of committing a crime. He must act not only without
EXEMPTING CIRCUMSTANCES a will, but against his will.

Art. 12 Circumstances which exempt from criminal liability. – The

following are exempt from criminal liability:
COMPULSION OF AN IRRESISTIBLE FORCE
Elements:
1. An imbecile or an insane person, unless the latter has acted during a lucid
interval. 1. That the compulsion is by means of physical force.
2. That the physical force must be irresistible
IMBECILITY: 3. That the physical force must came from a third person.
One who, while advanced in age, has a mental development
comparable to that of children between two and seven years. This
circumstance is exempting in ALL CASES. 6. Any person who acts under the impulse of an uncontrollable fear of an
equal or greater injury.
INSANITY:
This is exempting, unless one acted during a lucid interval. To A person is compelled to commit a crime by another, but the compulsion is
constitute insanity, there must be complete deprivation of intelligence or by means of intimidation or threat, not by force or violence. (Otherwise,
that there be a total deprivation of the freedom of the will. the accused would be liable for Grave Coercion)

2. A person under nine years of age.

3. A person over nine years of age and under fifteen, unless he has acted IMPULSE OF UNCONTROLLABLE FEAR
with discernment, in which case, such minor shall be proceeded against in
accordance with the provisions of Art. 80 of this Code. Elements:

1. That the threat which causes the fear is of an evil greater than, or at least
equal to, that which he is require to commit;
2. That it promises an evil of such gravity and imminence that the ordinary
NOTE: On April 28, 2006, Gloria Arroyo signed into law Republic Act No. man would have succumbed to it.
9344 otherwise known as the “JUVENILE JUSTICE and WELFARE ACT OF
2006”. The law became effective on May 21, 2006.
7.Any person who fails to perform an act required by law, when prevented
Under RA 9344 minors aged fifteen (15) and below are now by some lawful insuperable cause.
absolutely exempt from criminal liability. If a minor above fifteen (15) but Elements:
below eighteen (18) commits a crime, he is exempt from criminal liability
unless it is shown that he acted with discernment. However, should the 1. That an act is required by law to be done;
minor above fifteen (15) but below eighteen be found guilty, RA 9344 also 2. That a person fails to perform such act;
mandates the Courts to automatically suspend the sentence. In all cases, 3. That his failure to perform such act was due to some lawful or insuperable
the minor offender must be referred to the appropriate government agency cause.
for rehabilitation.
Discernment means the mental capacity of a minor between 9 and 15 years
of age to fully appreciate the consequences of his unlawful act and the ARTICLE 13. MITIGATING CIRCUMSTANCES
mental capacity to understand the difference between right and wrong.
Such is shown by:
CLASSES OF MITIGATING CIRCUMSTANCES

Ordinary Mitigating – 1 -10 art. 13, RPC VINDICATION OF GRAVE OFFENSE

Requisites:
Privileged Mitigating –Arts 68, 69 and 64 of the RPC
That there be a grave offense done to the one committing the felony
(offender), his spouse, ascendants, descendants, legitimate, natural or
Distinctions: adopted brothers or sisters, or relatives by affinity within the same degrees.
1. As to nature of consequences:
That the felony is committed in vindication of such grave offense.
Ordinary Mitigating – it can be offset by an aggravating circumstances

Privilege Mitigating – it can NEVER be offset by any aggravating 6. That of having acted upon an impulse so powerful as naturally to have
circumstances produced passion or obfuscation.

2. As to the effect:
PASSION OR OBFUSCATION
Ordinary Mitigating – if not offset, it will operate to reduce the penalty to the
minimum period, provided the penalty is a divisible one. Requisites:

Privilege Mitigating – It operates to reduce the penalty by one to two 1. The accused acted upon an impulse.
degrees depending upon what the law provides. 2. The impulse must be so powerful that it naturally produced passion or
obfuscation in him.
Exceptions:
Art 13. Mitigating circumstances – The following are mitigating
circumstances; 1. The act is committed in a spirit of lawlessness; or
2. The act is committed in a spirit of revenge.
1. Those mentioned in the preceding chapter, when all the requisites
necessary to justify or to exempt form criminal liability in the respective
cases are not attendant. 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
2. That the offender is under eighteen year of age or over seventy years. In the court prior to the presentation of the evidence for the prosecution;
the case of the minor, he shall be proceeded in accordance with the
provisions of Art. 80.

SURRENDER AND CONFESSION OF GUILT

This provision contemplates the following: 1. Voluntary Surrender to a person in authority oR his agents.
An offender over 9 but under 15 years of age who acted with discernment. 2. Voluntary confession of guilt before the court, prior to the presentation of
An offender 15 or over but under 18 years of age (Art. 68) evidence for the prosecution.
An offender who is over 70 years old.

Requisites of VOLUNTARY SURRENDER:

3. That the offender had no intention to commit so grave as wrong as that 1. That the offender had not been actually arrested
committed. 2. That the offender surrendered himself to a person in authority or to the
latter’s agent.
This is covered by the circumstance referred to as Praeter Intentionem – or 3. That the surrender was voluntary. Meaning, for voluntary surrender to be
that “the blow went beyond the intent”. appreciated, the same must be spontaneous in such a manner that it shows
the interest of the accused to surrender unconditionally to the authorities.

4.That sufficient provocation or threat on the part of the offended party Requisites of VOLUNTARY PLEA OR GUILTY:
immediately preceded the act.
1. That the offender spontaneously confessed his guilt;
2. That the confession of guilt was made in open court, that is, before the
Provocation - is understood as any unjust or improper conduct or act of the competent court that is to try the case; and
offended party, capable of exciting, inciting, or irritation any one. 3. That the confession of guilt was made prior to the presentation of
evidence for the prosecution.
Requisites:

That the provocation must be sufficient. 8. That the offender is deaf and dumb, blind or otherwise suffering some
That is must originate from the offended party. physical defect which this restricts his means of action, defense, or
That the provocation must be immediate to the commission of the crime by communications with his fellow beings.
the person who is provoked.

5. That the act was committed in the immediate vindication of a grave Physical defect referred to is such as being armless, cripple or a stutterer,
offense to the one committing the felony (delito), his spouse, ascendants, or whereby his means to act, to defend himself, or to communicate with his
relatives by affinity within the same degrees. fellow human beings, is limited. However, it is essential that the physical
defect has some relation to the crime committed by him.
A LAPSE OF TIME is allowed between the vindication and the doing of the
grave offense.
9. Such illness of the offender as would diminish the exercise of the will (b) When there exists a relationship between the offended party
power of the offender without however depriving him of the consciousness and the offender;
of his acts.
Requisites: AGGRAVATING CIRCUMSTANCE
1. That the illness of the offender diminishes the exercise of his will power. DWELLING: A building or structure exclusively used for rest and comfort.
2. That such illness should not be deprive the offender of consciousness of Evidence must clearly show that the defendant entered the house of the
his acts. deceased to attack him (People vs. Manuel, 29 SCRA 337).
A condition sine qua non is that the offended party “has not given
provocation” to the offender.
10. And, finally, any other circumstances of a similar nature and analogous to
those above mentioned.
DWELLING IS NOT AGGRAVATING IN THE FOLLOWING CASES:
ANALOGOUS CIRCUMSTANCES
Extreme poverty (Pp vs. Macbul, GR No. 48976, October 11, 1943) 1. When both offender and offended party are occupants of the same house,
Analogous to old age even if the offended party is a servant in the house.
Analogous to passion – outrage feeling of debtor against creditor, outrage 2. But in adultery, it is still aggravating even if it was also the dwelling of the
feeling of creditor against debtor unfaithful wife, because of a very grave offense against the head of the
Analogous to voluntary surrender – Restitution of the property stolen by the house.
accused or immediately reimbursing the amount malversed 3. In robbery by use of force upon things only, because dwelling is inherent.
ARTICLE 14. AGGRAVATING CIRCUMSTANCES 4. In trespass to dwelling.
5. When the dwelling does not actually belong to the offended party.

1.GENERIC: Those that can generally apply to all crimes. 4. That the act be committed with abuse of confidence or obvious
e.g. Dwelling, nighttime, or recidivism ungratefulness.
In Article 14, paragraphs 1, 2, 3 (dwelling), 4, 5, 6, 9, 10, 14, 18, Requisites:
19, 20 except “by means of motor vehicles” are generic. 1. That the offended party had trusted the offender;
2. That the offender abused such trust by committing crime against the
2. SPECIFIC: Those that apply only to particular crimes. offended party;
e.g. Ignominy in crimes against Chastity or cruelty and treachery 3. That the abuse of confidence facilitated the commission of the crime; or
in crimes against Persons. Thus, Paragraph 3 (except dwelling), 15, 16, 17, 4. That the act be committed with obvious ungratefulness.
and 21, of Art. 14 are specific.
5. That the crime be committed in the palace of the Chief Executive or in his
3. QUALIFYING: Those that change the nature of the crime. presence, or where public authorities are engaged in the discharge of their
e.g. Alevosia (treachery) or evident premeditation; Article 248 duties, or in a place dedicated to be religious worship.
also enumerates the Qualifying Aggravating Circumstances which qualify
Homicide to Murder. 6. That the crime be committed in the night time, ir in an uninhabited place,
4. INHERENT: Those that must of necessity accompany the commission of or by a band, whenever such circumstances may facilitate the commission of
the crime. (Art. 62, paragraph 2) the offenses.
e.g. Evident Premeditation is inherent in Robbery, Theft, Estafa, Adultery Whenever more than three armed malefactors shall have acted
and Concubinage. together in the commission of an offense, it shall be deemed to have been
committed by a band.
Art. 14 Aggravating circumstances. – The following are aggravating
circumstances: 6. NIGHTTIME; UNINHABITED PLACE; OR BAND
1. That advantage be taken by the offender of his public position.
The public officer must use the influence, prestige, or ascendancy, which his Requisites:
office gives him, as the means by which he realizes his purpose. 1. When it facilitated the commission of the crime; or
2. When it was especially sought for the by the offender to insure the
2. That the crime be committed in contempt or with insult to the public commission of the crime or for the purpose of impunity; or
authorities. 3. When the offender took advantage thereof for the purpose of impunity.
Requisites:
The public authority is engaged in the discharge of his duties. 6. NIGHTTIME; UNINHABITED PLACE; OR BAND
He who is thus engaged in the exercise of his functions is NOT the person
against whom the crime is committed; Requisites:
The offender knows of the identity of the public authority. 1. When it facilitated the commission of the crime; or
The presence had not prevented the offender from committing the criminal 2. When it was especially sought for the by the offender to insure the
act. commission of the crime or for the purpose of impunity; or
3. When the offender took advantage thereof for the purpose of impunity.

3. That the act be committed with insult or in disregard of the respect due to AGGRAVATING CIRCUMSTANCES
the offended party on account of his rank, age, or sex or that is be committed NIGHTTIME (‘OBSCURIDAD’)
in the dwelling of the offended party, if the latter has not given provocation. Nighttime – period of darkness beginning at end of dusk and ending at dawn
(Viada). Nights are from sunset to sunrise (Art. 13, Civil Code).
Insult or disregard of respect on account of: UNINHABITED PLACE (‘DESPOBLADO’)
1. The rank of the offended party: -one where there are no houses at all, a place at a considerable
There must be a difference in the social condition of distance from town, or where the houses are scattered at a great distance
the offender and the offended party. from each other.
2. The age of the offended party: AGGRAVATING CIRCUMSTANCES
This applies where the victim is of tender age or old age and is not BAND (‘CUADRILLA’)
aggravating in Robbery with Homicide or other crimes against property. Elements:
3. Sex: 1. crime committed by a band;
This is NOT considered: 2. band facilitated the commission of the crime or insured
(a) When the offender acted with passion and obfuscation; impunity;
3. offender intended to capitalize band in committing the crime.
BAND – at least four malefactors; at least four of them are armed; at least without risk to himself arising from the defense which the offended party
four of them take part together in the commission of the crime. might make.
7. That the crime be committed on the occasion of a conflagration,
shipwreck, earthquake, epidemic or other calamity or misfortune. 17. That means be employed or circumstances brought about which add
IGNOMINY to the natural effects of the act.

8. That the crime be committed with the aid of armed men or persons who Definitions :
insure or afford impunity. Ignominy is a circumstance pertaining to the moral order, which
9. That the accused is a RECIDIVIST adds disgrace and obloquy to the material injury cause by the crime. It must
Recidivist is one who, at the time of his trial for one crime, shall tend to make the effects of the crime more humiliating or to put the
have been previously convicted by final judgment of another crime embraced offended party to shame.
in the same title of the Revised Penal Code.
Requisites: 18. That the crime be committed after an UNLAWFUL ENTRY.
1. That the offender is on trial for an offense;
2. That he was previously convicted by final judgment of another crime; There is unlawful entry when an entrance is effected
3. That both the first and the second offenses are embraced in the same title by a way not intended for the purpose. It must be a means to effect entrance
of the Code; and not for escape.
4. That the offender is convicted of the new offense
19. BY BREAKING WALL, ETC.
To be considered as an aggravating circumstance, breaking the
door must be utilized as a means to the commission of the crime.
10. That the offense 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. 20. AID OF MINOR (UNDER 15 YEARS); OR BY MEANS OF MOTOR VEHICILES,
ETC.
REITERACION OR HABITUALITY
Requisites:
1. That the accused is on trial for an offense; 21. CRUELTY
2. That he previously served sentence for another offense to which the law There is CRUELTY when the culprit enjoys and delights in making
attaches an equal or greater penalty, or for two or more crimes to which it his victim suffer slowly and gradually, causing him unnecessary physical pain
attaches lighter penalty than that for the news offense; in the consummation of the criminal act.
3. That he is convicted of the new offense. Requisites:
Distinctions between Recidivism and Reiteracion; 1. That the injury cause be deliberately increased by causing other wrong.
11. PRICE, REWARD, OR PROMISE 2. That the other wrong be unnecessary for the execution of the purpose of
the offender.

11. That the crime be committed in consideration of a price, reward or ARTICLE 15. ALTERNATIVE CIRCUMSTANCES
promise. ALTERNATIVE CIRCUMSTANCES – those which must be taken into
consideration as aggravating or mitigating according to the nature and
12. That the crime be committed by means of inundation, fire, poison, effects of the crime and the other conditions attending its commission.
explosion, stranding of a vessel or international damage thereto, derailment A. RELATIONSHIP
of a locomotive, or by the use of any other artifice involving great waste and B. INTOXICATION
ruin. C. DEGREE OF INSTRUCTION AND EDUCATION

13. that the act be committed with EVIDENT PREMEDITATION 1. RELATIONSHIP

Requisites: The alternative circumstance of relationship shall be taken into
1. The time when the offender determined to commit the crime; consideration when the offended party is the:
2. An act manifestly indicating that the culprit has clung to his determination;
and a. Spouse
3. A sufficient lapse of time between the determination and execution, to b. Ascendant
allow him to reflect upon the consequences of his act and to allow his c. Descendant
conscience to overcome the resolution of his will. d. Legitimate, natural or adopted brother or sister, or relative by affinity in
the same degree, of the offender.

14. That the CRAFT, FRAUD OR DISGUISE be employed WHEN MITIGATING AND WHEN AGGRAVATING
Craft – involves the use of intellectual trickery or cunning on the part of the MITIGATING: as a rule, relationship is mitigating in crimes against
accused. property, by analogy to art. 332 regarding “persons exempt from criminal
Fraud – involves the use of insidious words and machination, used to induce liability” of course in view of Art. 332, when the crime committed is: a) theft,
the victim to act in a manner, which would enable the offender to carry out b) estafa, or c) malicious mischief, relationship is exempting, and not merely
his design. mitigating.
Disguise – involves resort to any device in order to conceal identity. AGGRAVATING: It is aggravating in crimes against persons in cases
where the offended is a relative of a higher degree that the offender, or
15. That advantage be taken of superior strength, or means be employed to when the offender and the offended are relatives of the same level, such
weaken the defense. killing a brother-in-law, a half-brother or an adopted brother.
Superior strength – to take advantage of superior strength means In crimes against chastity, relationship is always aggravating,
to use purposely, excessive force out of proportion to the means of defense regardless of whether the offender is a relative of a higher or lower degree of
available to the person attacked. the offended party.
However, relationship is neither mitigating nor aggravating, when
relationship is an element of the offense.
16. That the act be committed with TREACHERY /ALEVOSIA
Treachery – there is treachery when the offender commits any of 2. INTOXICATION
the crime against the person, employing means, methods or forms in the By state of intoxication is meant that the offender’s mental
execution thereof which tend directly and specially to insure its execution, facilities must be affected by drunkenness .
 REQUISITES OF PRINCIPAL BY INDUCEMENT THROUGH WORDS OF
WHEN MITIGATING AND WHEN AGGRAVATING COMMAND:

1. MITIGATING: if intoxication is: 1. That the one uttering the words of command must have the intention of
a. Not habitual, or procuring the commission of the crime
b. Not subsequent to the plan to commit a felony. 2. That the one who made the command must have an ascendancy or
influence over the person who acted.
3. That the words used must be so direct, so efficacious, so powerful as to
AGGRAVATING: if intoxication is: amount to physical or moral coercion.
a. Habitual, or 4. The words of command must be uttered prior to the commission of the
b. If it is intentional (subsequent to the plan to commit a felony) crime.
5. The material executor of the crime has no personal reason to commit the
3. DEGREE OF INSTRUCTION AND EDUCATION OF THE OFFENDER crime.
LOW DEGREE of instruction and education or lack of it is generall
mitigating. HIGH DEGREE of instruction and education is aggravating, when 3. PRINCIPAL BY INDISPENSABLE COOPERATION:
the offender availed himself of his learning in committing the crime.
Lack of instruction or low degree of it, is appreciated as mitigating 1. Direct participation in the criminal resolution and the intention to commit;
circumstance in almost all crimes. EXCEPT in crimes, which are inherently and
wrong, of which every rational being is endowed to know and feel. 2. Principal cooperates by performing another act without which it would not
have been carried out.
PERSONS CRIMINALLY LIABLE
Art. 16 Who are criminally liable. – The following are criminally Art. 18. Accomplices – Accomplices are those persons who, not
liable for grave and less grave felonies: being included in Art. 17, cooperate in the execution of the offense by
1. Principals. previous or simultaneous acts.
2. Accomplices.
3. Accessories
The following are criminally liable for light felonies: ACCOMPLICES are persons who are present in the commission of
1. Principals the crime but are not considered principals.
2. Accomplices.
REQUISITES:
Art. 17. Principles – The following are considered principals:
1. Those who take a direct part in the execution of the act; 1. Offender knows the criminal design of the principals and concurs with the
2. Those who directly force or induce other to commit it; purpose;
3. Those who cooperate in the commission of the offense by another act 2. He cooperates in the execution by previous or simultaneous acts and has
without which it would not have been accomplished. the intention to supply material or moral aid in the commission of the crime;
3. There must also be a relation between the acts of the principal and the
KINDS OF PRINCIPALS acts of person charged as accomplice.

1. PRINCIPAL BY DIRECT PARTICIPATION Accomplices

Personally takes part in the execution of the act constituting the come to know about the criminal intention after the principals have reached
crime the decision, and only then do they agree to cooperate in its execution;
Requisites: Merely concur in the criminal decision;
a. That they participated in the criminal resolution do not decide whether the crime should be committed;
b. That they carried out their plan and personally took part in its execution by Merely instruments who perform acts not essential to the perpetration of
acts which directly tended to the same end. the offense
Art. 19 Accessories. – Accessories are those who, having
2. PRINCIPAL BY INDUCTION knowledge of the commission of the crime, and without having participated
therein, either as principals or accomplices, take part subsequent to its
The principal by induction becomes liable only when the principal commission in any of the following manners:
by direct participation committed the act induced.
1. By profiting themselves or assisting the offender to profit by the effects of
TWO WAYS OF BECOMING A PRINCIPAL INDUCTION: the crime.
1. Directly forcing another to commit a crime, or 2. By concealing or destroying the body of the crime, or the effects or
2. Directly inducing another to commit a crime instruments thereof, in order to prevent its discovery.
TWO WAYS OF DIRECTLY FORCING ANOTHER TO COMMIT A 3. By harboring, concealing, or assisting in the escape of the principals of the
CRIME: crime, provided the accessory acts with abuse of his public functions or
1. By using irresistible force whenever the author of the crime is guilty of treason, parricide, murder or an
2. By causing uncontrollable fear attempt to take the life of the Chief Executive, or is known to be habitually
guilty of some other crime.
TWO WAYS OF DIRECTLY INDUCING ANOTHER TO COMMIT A
CRIME
1. By giving price, or offering reward or promise Cite PD 1829, the law on obstruction of justice.
2. By using words of command
REQUISITES OF PRINCIPAL BY INDUCEMENT, THROUGH GIVING Art. 20. Accessories who are exempt from criminal liability. – The
PRICE, ETC. penalties prescribed for accessories shall not be imposed upon those who
1. That the inducement be made directly with the intention of procuring the are such with respect to their spouses, ascendants, descendants, legitimate,
commission of the crime; and natural and adopted brothers and sisters, or relatives by affinity within the
2. That such inducement be the determining cause of the commission of the same degrees, with the single exception of accessories falling within the
crime by material executor. provisions of paragraph 1 of the next preceding article.

RELATIONSHIP
RELATIONSHIP – absolutory cause or factor that will exempt 2nd and 3rd
types of accessory from criminal liability
 - by consanguinity and affinity If the offender be not in prison, the term of the duration of the
- does not cover 1st type of accessory penalty consisting of deprivation of liberty shall be computed from the day
- accessory of the 2nd and 3rd type may be charged with that the offender is placed at the disposal of the judicial authorities for the
obstruction of justice as PD 1829 did not provide relationship as a ground for enforcement of the penalty. The duration of the other penalties shall be
criminal exemption computed only from the day on which the defendant commences to serve
LIGHT FELONIES –only principals and accomplices are criminally liable; his sentence.
however, accessories in light felonies can be held liable for obstruction of Article 36. Pardon; its effect.
justice. A pardon shall not work the restoration of the right to hold public
Also called ‘ACCESSORY AFTER THE FACT’ office, or the right of suffrage, unless such rights be expressly restored by the
Requisites: terms of the pardon.
1. crime was committed by principal; A pardon shall in no case exempt the culprit from the payment of
2. the participator must have knowledge of the commission of the civil indemnity imposed upon him by the sentence.
the crime by the principal; 2 kinds of pardon:
3. the participator did not participate in the commission of the a. Private;
crime as principal or accomplice; b. Executive.
4. the participator took part in the commission of the crime by Executive clemency
performing subsequent acts. - pardoning power of the President;
Additional Requisites: - an act of forgiveness, thus, relieves the person pardoned from
1. crime committed by the principal must be a grave or less grave the penal consequences of the crime but it does not obliterate the crime
felony – Article 16; itself;
2. in case of accessory of the 2nd or 3rd kind, the principal must - discretionary on the part of the President;
not be spouse, ascendant, descendant, brothers and sisters, or relatives by - does not extinguish the civil liability of the person pardoned.
affinity within the same degrees of the accessory – Article 20.

PENALTIES IN GENERAL ACCESSORY PENALTIES

PENALTY is the punishment imposed by lawful authority upon a
person who commits an unlawful, deliberate or negligent act. Perpetual or temporary absolute disqualification
Art. 21. Penalties that may be imposed. – No felony shall be Perpetual or temporary special disqualification,
punishable by any penalty not prescribed by law prior to its commission. Suspension from public office, the right to vote and be voted for, the
Art. 22. Retroactive effect of penal laws. – Penal Laws shall have a profession or calling.
retroactive effect insofar as they favor the person guilty of a felony, who is Civil interdiction,
not a habitual criminal, as this term is defined in Rule 5 of Article 62 of this Indemnification,
Code, although at the time of the publication of such laws a final sentence Forfeiture or confiscation of instruments and proceeds of the offense,
has been pronounced and the convict is serving the same. Payment of costs.

Art. 23. Effect of pardon by the offended party. – A pardon by the Art. 48. Penalty for complex crimes. – When a single act
offended party does not extinguish criminal action except as provided in constitutes two or more grave or less grave felonies, or when an offense is a
Article 344 of this Code; but civil liabilities with regard to the interest of the necessary means for committing the other, the penalty for the most serious
injured party is extinguished by his express waiver. crime shall be imposed, the same to be applied in its maximum period.

PENALTIES Article 48. Complex crimes

PENALTY -- suffering that is inflicted by the State for the transgression of the When a single act constitutes two or more grave or less grave
law; felonies, or when an offense is a necessary means for committing the other,
Juridical conditions of penalty the penalty for the most serious crime shall be imposed, the same to be
Purpose: to secure justice; applied in its maximum period.
Theories justifying penalty: Component Crimes – the crimes constituting complex crime.
a. Prevention 2 kinds:
b. Self- defense a. Compound Crime (Delito Compuesto) – two or more grave or
c. Reformation less grave felonies resulting from a single act
d. Justice b. Complex Crime Proper (Delito Complejo) – two or more
3-Fold Purpose of the Penalty under the RPC offenses one of which is the principal crime while the rest are committed as a
1. Retribution or expiation – the penalty is commensurate to the necessary means to commit the former
gravity of the offense; COMPLEX CRIMES
2. Correction of Reformation – as shown by the rules which COMPOUND CRIME ‘Delito Compuesto’
regulate the execution of the penalties consisting in deprivation of liberty; REQUISITES:
3. Social Defense – shown by inflexible severity to recidivists and 1. single act produces two or more crimes – compound crime is
habitual delinquents. produced by a single act, hence, there should only be a single penalty
2. the crimes produced are felonies punishable by the RPC;
Section 19(1) Article III of the 1987 constitution provides, 3. the crimes produced are grave or less grave felonies;
“Excessive fines shall not be imposed, nor cruel, degrading or inhuman COMPLEX CRIMES
punishment inflicted.” COMPLEX CRIME PROPER (‘Delito Complejo’)
PENALTIES REQUISITES:
Classification of Penalties: 1. crimes were committed as a necessary means for committing
1. Principal – those expressly imposed by the court in the the other;
judgment of conviction 2. the crimes resulted from different acts committed under single
2. Accessory – is based on the imposition of principal penalty criminal resolution;
Art. 26. FINE 3. crimes committed were punishable by the RPC.
Duration of Penalties COMPLEX CRIMES
Article 28. Computation of penalties Penalty for complex crime: that imposable for the most serious component
If the offender shall be in prison, the term of the duration of the crime to be applied in the maximum period.
temporary penalties shall be computed from the day on which the judgment Question:
of conviction shall have become final. Accused took a woman forcibly and thereafter raped her. How should the
offender be charged?
If the original intent is to rape, the taking is merely a means to commit the Correctional penalties, in ten years; with the exception of the penalty of
intended offense in which case, the crime is rape, the abduction being a arresto mayor, which prescribes in five years;
necessary means to bring about the desired result. Light penalties, in one year.
If the intention is to take the woman against her will with lewd designs, there
is the complex crime of forcible abduction with rape. Art 93. Computation of the prescription of penalties. – The period of
If the original intention is to kidnap the woman for ransom and thereafter, prescription of penalties shall commerce to run from the date when the
rape is committed as an afterthought, the offense committed is a special culprit should evade the service of his sentence, and it shall be interrupted if
complex crime of kidnapping with rape. the defendant should give himself up, be captured, should go to some
EXTINCTION OF CRIMINAL LIABILITY foreign country with which this Government has no extradition treaty, or
TOTAL EXTINCTION OF CRIMINAL LIABILITY should commit another crime before the expiration of the period of
prescription.
Art. 49.How criminal liability is totally extinguished. – Criminal
liability is totally extinguished: PARTIAL EXTINCTION OF CRIMINAL LIABILITY
By the death of the convict, as to the personal penalties and as to precuniary Art. 94. Partial Extinction of criminal liability. – Criminal liability is
penalties, liability therefor is extinguished only when the death of the extinguished partially.
offender occurs before final judgment. 1. By conditional pardon;
By service of the sentence; 2. By commutation of the sentence; and
By amnesty, which completely extinguishes the penalty and all its effects; 3. For good conduct allowances which the culprit may earn while he is
By absolute pardon; serving his sentence.
By prescription of the crime;
By prescription of the penalty;
By the marriage of the offended woman, as provided in Article 344 of this Art. 95. Obligation incurred by person granted conditional pardon.
Code. – Any person who has been granted conditional pardon shall incur the
obligation of complying strictly with the conditions imposed therein
Article 59. Penalty for impossible crime otherwise, his non – compliance with any of the conditions specified shall
Arresto mayor of a fine ranging from P 200 to P 500 result in the revocation of the pardon and the provisions of Article 159 shall
Basis for imposition of proper penalty: be applied to him.
Social danger
Degree of criminality shown by the offender Art. 96. Effect of commutation of sentence – The commutation of
Article 66. Imposition of fines. the original sentence for another of a different length and nature shall have
the legal effect of substituting the latter in the place of the former.
Fixing the amount of fine
1. wealth or means of the offender;
2. other factors – gravity or seriousness, the heinousness of its Destierro
perpetration and the magnitude of its effects on the victim (presence of entering the specified place would give rise to liability for Evasion of Service
mitigating and aggravating circumstances) of Sentence under Art. 157;
Art. 90 Prescription of Crime – Crimes punishable by death, Nonetheless, a deprivation of liberty;
reclusion perpetua or reclusion temporal shall prescribe in twenty years. Penalty:
a. for concubine in concubinage (Art. 334);
Crimes punishable by a correctional penalty shall prescribe in ten b. additional penalty for the crime of threat when the offender
years; with the exception of those punishable by arresto mayor, which shall failed to give bond for good behavior (Art. 284);
prescribe in fifteen years. c. when the imposable graduated penalty is destierro (Art. 71);
d. death under exceptional circumstances (Art. 247).
The crime of libel or other similar offenses shall prescribe in one CASE: Pp vs. Abarca (GR No. 74433, September 14, 1987): Destierro penalty
year. is mere banishment and is intended more for the protection of the accused
than a punishment.
The crime of oral defamation and slander by deed shall prescribe Art. 97. Allowance for good conduct. – The good conduct of any
in six months. prisoner in any penal institution shall entitle him to the following deductions
from the period of his sentence:
Light offenses prescribe in two months.

When the penalty fixed by law is a compound one, the highest penalty shall During the first two years of his imprisonment, he shall be allowed a
be made the basis of the application of the rules contained in the first, deduction of five days for each month of good behavior;
second and third paragraphs of this article. (As amended by RA 4661) During the third to the fifth year, inclusive, of his imprisonment, he shall be
allowed a deduction of eight days for each month of good behavior.
Art 91. Computation of prescription of offenses – The period of prescription During the following years until the tenth year, inclusive, of his
shall commerce to run from the day on which the crime is discovered by the imprisonment, he shall be allowed a deduction of ten days for each month of
offended party, the authorities, or their agents, and shall be interrupted by good behavior and;
the filing of the complaint of information, and shall commence to run again During the eleventh and successive years of his imprisonment, he shall be
when such proceedings terminate without the accused being convicted or allowed a deduction of fifteen days for each month of good behavior.
acquitted, or are unjustifiably stopped for any reason not imputable to him.
Art. 98. Special time allowance for loyalty. – A deduction of one-
The term of prescription shall not run when the offender is absent from the fifth of the period of his sentence shall be granted to any prisoner who,
Philippine Archipelago. having evaded the service of his sentence under the circumstances
mentioned in Article 58 of this Code, gives himself up to the authorities
within 48 hours following the issuance of a proclamation announcing the
passing away of the calamity or catastrophe referred to in said article.
Art 92. When and how penalties prescribe – The penalties
imposed by final sentence prescribe as follows: Art. 99 Who grants time allowances – Whenever lawfully justified,
the Director of Prisons shall grant allowances for good conduct. Such
Death and reclusion perpetua, in twenty years; allowances once granted shall not be revoked.
Other afflictive penalties, in fifteen years;