Yumul Notes Criminal Law I

CRIMINAL LAW I REVIEWER 5.
It must observe substantive and

procedural due process – Boado
FROM THE REVISED PENAL CODE, BOOKS OF
6. It should not impose cruel and unusual
ATTY. LUIS REYES (2017) AND ATTY. LEONOR punishment or excessive fines – Boado
BOADO (2016), AND LECTURES OF ATTY.
ADRIAN AUMENTADO An ex post facto law is one which:
PREPARED BY ANGELA YUMUL 1. Makes criminal an act done before the
PERSUADED BY AZALEA ENRIQUEZ AND passage of the law and which was
VIRNA SILVA innocent when done, and punishes such
Note: Only the provisions required to be an act
memorized by Atty. Adi are stated verbatim. 2. Aggravates a crime, or makes it greater
than it was, when committed
Other provisions are merely discussed.
3. Changes the punishment and inflicts a
greater punishment than the law
Criminal law – is that branch or division of law annexed to the crime when committed
which defines crimes, treats of their nature, and 4. Alters the legal rules of evidence, and
provides for their punishment. authorizes conviction upon less or
different testimony than the law required
Crime – is an act committed or omitted in at the time of the commission of the
violation of a public law forbidding or offense
commanding it. 5. Assumes to regulate civil rights and
remedies only, in effect imposes penalty
A statute is penal having the following elements: or deprivation of a right for something
a. The law must define the criminal act which when done was lawful
b. It must prescribe a penalty 6. Deprives a person accused of a crime
c. It must be an act of the legislature some lawful protection to which he has
become entitled, such as the protection
Sources of Philippine Criminal Law of a former conviction or acquittal, or a
1. RPC and its amendments proclamation of amnesty
2. Special Penal Laws
3. Penal Presidential Decrees issued during Bill of attainder – a legislative act which inflicts
Martial Law punishment without trial.
No common law crimes in the Philippines. Court Retroactive application prejudicial to the accused
decisions are not sources of criminal law, because is an ex post facto law.
they merely explain the meaning of, and apply
the law as enacted by the legislature. The lawmakers decided to pass a law revoking
the amnesty of Trillanes. It is not valid because it
Limitations on the power of the legislature to is an ex post facto law. It deprives a person
enact penal laws (constitutional limitations): accused of a crime some lawful protection to
1. No ex post facto law or bill of attainder which he has become entitled, such as the
shall be enacted (Art. III, Sec. 22) – protection of a former conviction or acquittal, or
Reyes a proclamation of amnesty
2. No person shall be held to answer for a
criminal offense without due process of Right which may be waived – confrontation and
law (Art. III, Section 14[1]) – Reyes cross-examination.
3. Criminal laws must be of general Right which may not be waived – to be informed
application and must clearly define the of the nature and cause of the accusation against
acts and omissions punished as crimes – him.
Reyes Reason: first are personal, and the latter involve
4. The law must be general in application public interest which may be affected.
(equal protection) – Boado
ANGELA MICHAELLA YUMUL 1

Characteristics of Criminal Law committed within the PH and punishable
GENERAL. (Persons to be governed) Criminal under PH laws.
law is binding on all persons who live or sojourn b. US military authorities shall have the
in PH territory. (Art. 14, NCC) right to exercise within the PH all criminal
and disciplinary jurisdiction conferred on
General jurisdiction to punish persons for them by the military law of the US over
offenses committed within its territory, regardless US personnel in the PH.
of the nationality of the offender. c. PH authorities exercise exclusive
jurisdiction over US personnel with
No foreigner enjoys in this country extra- respect to offense, including offense
territorial right to be exempted from its laws and relating to the security of the PH, i.e.,
jurisdiction, with the exception of heads of treason, sabotage, espionage or violation
states and diplomatic representatives. of any law relating to national defense,
punishable under the laws of the PH, but
As a general rule, jurisdiction of civil courts is not not under the laws of the US.
affected by the military character of the accused. d. US authorities exercise exclusive
jurisdiction over US personnel with
Civil courts have concurrent jurisdiction with the respect to offense, including offense
general courts-martial over soldiers of the AFP. relating to the security of the US, i.e.,
treason, sabotage, espionage or violation
The RPC or other penal law is not applicable when of any law relating to national defense,
a military court takes cognizance of the case. punishable under the laws of the US, but
not under the laws of the PH.
Section 1 of R.A. No. 7055: Members of the AFP e. US military authorities shall have the
and other persons subject to military law … shall primary right to exercise jurisdiction over
be tried by the proper civil court except when US personnel subject to the military law
the offense, as determined before arraignment by of the US in relation to: (1) offenses
the civil court, is service-connected, in which case solely against the property or security of
the offense shall be tried by court-martial except the US or against the property or person
when the President order at any time before of US personnel; and (2) offenses arising
arraignment that any such crimes or offense be out of any act or omission done in
tried by the proper civil courts. performance of official duty.
C.A. No. 408 – Articles of War Example of law of preferential application: R.A.
No. 75 (duly accredited foreign diplomatic and
The prosecution of an accused before a court- consular agents in the PH)
martial is a bar to another prosecution for the
same offense. Section 7: reciprocity rule
Cases where our criminal law does not apply even TERRITORIAL. (Jurisdiction or the place where
if the crime is committed by a person residing or applicable) Criminal laws undertake to punish
sojourning in the PH: crimes committed within Philippine territory.
Exceptions: except as provided in the treaties
and laws of preferential application (Art. 2, RPC) Principle of territoriality – penal laws of the PH
and subject to the principles of public are enforceable only within its territory.
international law and to treaty stipulations (Art.
14, NCC). Sojourn – to stay in a place in a temporary
manner.
Example of treaties or treaty stipulations: Visiting
Forces Agreement Extent of PH territory for purposes of criminal
a. PH authorities shall have jurisdiction over law: Art. 2, RPC and Art. 1, 1987 Constitution
US personnel with respect to offenses

Exceptions: Those enumerated in Art. 2, RPC. reformatory or correctional
institutions.
PROSPECTIVE. A penal law cannot make an act  Emphasis – on the actor.
punishable in a manner in which it was not  Example: ISLAW.
punishable when committed. This school of thought views a criminal
Art. 366, RPC – crimes are punished under the merely as a sick man who needs
laws in force at the time of their commission. reformation and cure instead of
punishment.
Lex prospicit non respicit – the law looks forward 3. Eclectic or mixed theory – combines the
not backward. good features of both the classical and
the positivist theories. Ideally, the
Exceptions: Favorable to the accused (Art. 22, classical theory is applied to heinous
RPC). crimes, whereas, the positivist works on
Exceptions: (1) where the new law is economic and social crimes.
expressly made inapplicable to pending actions or 4. Utilitarian – punishment serves as an
existing causes of action and (2) offender is a example to others to prevent them from
habitual criminal. committing the same crime (model
society); the primary function of
Different effects of repeal on penal law: punishment is to protect society from
1. Repeal makes penalty lighter – new law potential and actual wrongdoers. The
shall be applied. retributive aspect of penal laws should be
2. Makes penalty heavier – the law in force directed against them. The law should
at the time of the commission of the not be applied to further materialism and
offense shall be applied. opportunism.
3. Total repeal – crime is obliterated.
When the repeal is absolute, the offense ceases Equipoise rule – when the evidence of the
to be criminal. prosecution and the defense are equally balanced
the scale should be tilted in favor of the accused
Theories in Criminal Law because of the presumption of innocence.
1. Classical or juristic theory
 Basis of criminal liability – human In dubio pro reo – when in doubt, rule for the
free will. accused. This has two aspects: (1) the ambiguity
 Purpose of the penalty – retribution, of the law which is construed against the state,
for the right of the State and/or the and (2) the equipoise rule. Both shall favor the
private offended party must be accused.
observed.
 Emphasis of the law – on the offense. Exterritoriality or extraterritoriality – criminal law
 Example: generally the RPC. shall not be made applicable to certain persons
This school of thought assumes that men due to exceptions provided by laws of preferential
have free will; that they know what is application.
right and what is wrong; and as rational
beings, they are guided by the thought Extraterritorial jurisdiction/application –
that a crime carries with it a Philippine laws exercise jurisdiction over crimes
corresponding penalty. committed under those enumerated in Article 2,
2. Positivist of realistic theory RPC.
 Basis – man is inherently good but
because of his environment and Rule of lenity – when there is ambiguity in the
upbringing, he becomes socially sick. interpretation of the penal laws, the court shall
 Purpose of the penalty – corrective rule in favor of the accused, exercising leniency.
or curative to reform the offender,
thus, prisons are also called Required degree of evidence to convict a criminal
– proof beyond reasonable doubt.

ARTICLE 2: Except as provided in the Registry: Maritime industry Authority (MARINA) –
treaties and laws of preferential vessel; Civil Aviation Authority of the PH (CAAP)
application, the provisions of this Code – airship.
shall be enforced not only within the
Philippine Archipelago, including its Just as our merchant ship is an extension of our
atmosphere, its interior waters and territory, foreign merchant ship is considered an
maritime zone, but also outside of its extension of the territory of the country to which
jurisdiction against those who: it belongs. For this reason, an offense committed
1. Should commit an offense while on on the high seas on board a foreign merchant
a Philippine ship or airship; vessel is not triable by our courts (but when it
2. Should forge or counterfeit any coin enters our territorial sea, it is triable before our
or currency note of the Philippine court.
Islands or obligations and securities
issued by the Government of the Offenses committed on board a foreign merchant
Philippine Islands; vessel while on PH waters is triable before our
3. Should be liable for acts connected court.
with the introduction into these
Islands of the obligations and Two rules as to jurisdiction over crimes
securities mentioned in the committed aboard foreign merchant vessels:
preceding number. 1. French Rule – such crimes are not triable
4. While being public officers or in the courts of that country, unless their
employees, should commit an commission affects the peace and
offense in the exercise of their security of the territory or the safety of
functions; or the state is endangered.
5. Should commit any of the crimes 2. English Rule – such crimes are triable in
against national security and the that country, unless they merely affect
law of the nations, defined in Title things within the vessel or they refer to
One of Book Two of this Code. the internal management thereof..
Crimes against national security: Philippine courts have no jurisdiction over

1. Treason offenses committed on board foreign warships in
2. Conspiracy and proposal to commit territorial waters.
treason  Merchant ships vs. Warships (always
3. Misprision of treason reputed to be the territory of the country
4. Espionage to which they belong and cannot be
subjected to the laws of another state.
Crimes against the law of nations:
5. Inciting to war or giving motives for Hostes humani generis – enemies of mankind.
reprisals
6. Violation of neutrality Territorial/interior waters – 12 nautical miles from
7. Correspondence with hostile country the baseline.
8. Flight to enemy’s country Contiguous zone – 24 nautical miles from the
9. Piracy in general and mutiny on the high baseline, stretching another 12 miles from the
seas or in PH waters territorial sea.
10. Qualified piracy - Only Customs, Fiscal, Immigration,
Sanitary laws apply here.
When the PH vessel or aircraft is in the territory Exclusive economic zone.
of a foreign country, the crime committed on said
vessel or aircraft is subject to the laws of that A foreign merchant vessel in the high seas, one
foreign country. Filipino punched another Filipino. Who has
jurisdiction? – the national where the foreign
vessel is registered because of extraterritorial

jurisdiction. The Philippines cannot take Par in parem non habet imperium – equals have
cognizance of the case because a foreign no sovereignty over each other.
merchant vessel in the high seas is outside our
jurisdiction. Difference of releasing a prisoner and
acquitting a prisoner.
A foreign vessel attacking the Filipinos on board, First: a trial is not pursued to determine liability
seizing their belongings, killing them, falls within since the crime has been abolished or the release
the jurisdiction of the PH because it is piracy. of a prisoner from imprisonment who is already
serving sentence for being previously found
Infidelity which happened outside the PH is not guilty.
within the jurisdiction of PH (for the crime of Latter: finding him not guilty of the crime
bigamy) applying the rule of territoriality. charged. This is obtained upon trial of the merits
of the case.
Those immune under R.A. 75 – ambassadors,
ministers, domestic servants of these ARTICLE 3: Acts and omissions punishable
ambassadors and ministers. by law are felonies (delitos).
How can a domestic servant be exempt? – when Felonies are committed not only by means
accredited by the PH government through of deceit (dolo) but also by means of fault
registration with the DFA. (culpa).
When are they not exempt? – When a Filipino
citizen and the procedure related to a debt he/she There is deceit when the act is performed
contracted prior to entering the service; and also, with deliberate intent; and there is fault
section 7 (rule of reciprocity) when the wrongful act results from
imprudence, negligence, lack of foresight,
Exclusive jurisdiction – is present when the crime or lack of skill.
is punishable only by the laws of one country, to Mistakes in Article 3:
which the exclusive jurisdiction will pertain. 1. “punishable by law” – “law” should be
“RPC” or “this code”.
Concurrent jurisdiction – when the crime is 2. Proper translation of dolo is malice.
punishable under the laws of both countries. 3. Redundant – lack of foresight or lack of
skill.
Primary jurisdiction – preferred jurisdiction when
there is concurrency. Felonies – acts or omissions punishable by the
RPC.
Embassy of other countries here in the PH are still
part of PH territory, thus subject to its Elements of felonies:
jurisdiction. 1. There must be an act or omission.
2. Act or omission must be punishable by
Embassy remains under the jurisdiction of the the RPC.
host state. The embassy rule only applies when 3. The act is performed of the omission
beneficial to the host state. incurred by means of dolo or culpa.
Presidential, Parliamentary, and Judicial Act – any bodily movement tending to produce
immunities. some effect in the external world.
 To avoid delay.
 To avoid disrespect. Nullum crimen, nulla poena sine lege – there is
 To avoid distrust to government no crime where there is no law punishing it.
integrity.
 To allow these high officials to perform Classifications of crimes:
their duties without the fear of a. As to commission (Art. 3)
prosecution.

i. Dolo or felonies committed with and to use due diligence in foreseeing the injury
deliberate intent. or damage impending to be caused.
ii. Culpa or those committed by
means of fault. Requisites of dolo or malice:
1. Freedom
b. As to stage of execution (Art. 6) – 2. Intelligence
attempted, frustrated, consummated. 3. Intent (this refers to general intent)
 Related to this is the classification of
felonies as to: Existence of intent is shown by the overt acts of
i. Formal felonies – those a person. Intent can be proved by an overt act or
always consummated omission.
because the offender cannot
perform all the acts Actus non facit reum, nisi mens sit rea – the act
necessary for their execution itself does not make the man guilty unless his
without consummating the intention were so.
offense. For instance,
physical injuries – the Actus me invito factus non est meus actus – an
degree of injury cannot be act done by me against my will is not my act.
determined without first
consummating the offense. Mistake of fact – is a misapprehension of fact on
Slander – consummated the the part of the person who caused injury to
moment the defamatory another. He is not criminally liable because he did
words are uttered and not act with criminal intent. An honest mistake of
heard. fact destroys the presumption of criminal intent.
ii. Material felonies – those Ignorantia facti excusat – ignorance of a fact is
which have various stages of an excuse.
execution.
iii. Crimes with no frustrated Requisites of mistake of fact as a defense:
stage – rape – even slight 1. That the act done would have been
penetration of the female lawful had the facts been as the accused
organ consummates the believed them to be.
crime. Theft and robbery – 2. That the intention of the accused in
the act of taking performing the act should be lawful.
consummates the crime. 3. That the mistake must be without fault or
c. As to gravity (Art. 9) – grave, less grave, carelessness on the part of the accused.
light felonies.
d. As to count – compound, complex, Requisites of culpa:
composite, continued, continuing. 1. Freedom
e. As to nature – mala in se and mala 2. Intelligence
prohibita. 3. Imprudence, negligence, lack of
foresight, lack of skill
Crimes which cannot be committed through
imprudence or negligence – murder, treason, Mistake in the identity of the intended victim is
robbery, and malicious mischief. not reckless imprudence because there is intent.
Imprudence (lack of skill) – deficiency in action. Three classes of crimes:

A person fails to take the necessary precaution to 1. Intentional felonies
avoid injury to person or damage to property. 2. Culpable felonies
3. Penalized by special laws, including those
Negligence (lack of foresight) – deficiency of punished by municipal or city ordinances
perception. A person fails to pay proper attention

Intent is not required in crimes punished by 2. By any person performing an act
special laws. which would be an offense against
persons or property, were it not for
Mala in se – inherently evil; there is intent. the inherent impossibility of its
 Generally, felonies under the RPC. accomplishment or on account of
 Special law – i.e., Plunder Law the employment of inadequate or
ineffectual means.
Mala prohibita – there is a law prohibiting it;
sufficient if the prohibited act was intentionally
done; good faith and absence of criminal intent The manner of incurring criminal liability under
are not valid defenses. the RPC is stated in Article 3 – thru deceit or fault.
 Generally, violations of special laws.
 RPC – technical malversation. Article 3 deals with how a felony is committed;
Article 4, who is liable for a felony (where criminal
The Spanish version should prevail over the liability is still incurred). There are two kinds of
English for the RPC was originally approved and offenders in this article: those who commit a
enacted in Spanish. felony, whether by dolo or culpa and those who
commit an impossible crime.
A felony does not absorb nor is absorbed by an
offense. Rationale of Article 4(1) – el que es causa de la
i. Thus, more than one crime is cause es causa del mal causado (he who is the
charged if an act violates both the cause of the cause is the cause of the evil
RPC and an SPL. caused).
If the SPL allows for absorption, then only one
crime is committed. Examples: Although the wrongful act done be different from
i. R.A. 7160 and statutory rape – the that which he intended:
case shall be filed under RPC. 1. Error in personae – mistake in the
ii. R.A. 9372 absorbs the predicate acts identity of the intended victim.
like arson, murder, kidnapping. 2. Aberratio ictus – mistake in the blow.
3. Praeter intentionem – result is greater
Motive – is the moving power which impels one than that intended.
to action for a definite result.
Requisites Article 4(1):
Intent – is the purpose to use a particular means 1. Intentional felony has been committed.
to effect such result. 2. The wrong done to the aggrieved party
be the direct, natural, and logical
Difference: Intent is an element of intentional consequence of the felony committed by
felony; motive is generally immaterial in the the offender.
commission of crimes.
You were married to Mr. A but because of your
Motive is relevant only: insatiable sex drive, you had an illicit relationship
1. Identity of the accused is unknown with Mr. B. During sex with Mr. B, thus
2. Antagonistic theories committing adultery, Mr. B out of excessive
3. No eyewitnesses excitement, dies of a heart attack. You are not
4. Circumstantial evidence only liable for Mr. B’s death.
Legal basis – The death cannot be the direct,
ARTICLE 4: Criminal liability shall be natural, and logical consequence of the felony
incurred: committed.
1. By any person committing a felony
(delito) although the wrongful act Any person who creates in another’s mind an
done be different from that which immediate sense of danger, which causes the
he intended.

latter to do something resulting in the latter’s b. Brigandage
injuries, is liable for the resulting injuries. c. Theft
d. Usurpation
Proximate cause – is that cause which, in its e. Culpable insolvency
natural and continuous sequence, unbroken by f. Swindling and other deceits
an efficient intervening cause, produces the g. Chattel mortgage
injury and without which the result would not h. Arson and other crimes involving
have occurred. destruction
i. Malicious mischief
The felony committed is not the proximate cause
of the resulting injury when: Boxing your neighbor in the head causing an
a. Efficient intervening cause (active force impact to his brain which resulted to his death
which intervened, a distinct act or fact constitutes the crime of homicide.
absolutely foreign). Legal basis: Article 4(1), RPC – the act of boxing
b. Resulting injury is due to the intentional the head of another person constitute an
act of the victim. intentional felony and a person committing a
felony shall be liable for all the consequences of
Impossible crimes – Art. 59, RPC (punishable by his felonious act.
arresto mayor, a fine of 200-500 pesos).
General Intent vs. Specific Intent
Elements of impossible crimes: First: An intention to do wrong and is presumed
1. That the act performed would be an to exist from the mere doing of a wrongful act.
offense against persons or property. Second: The intention to commit a definite act
2. That the act was done with evil intent. and is not presumed and an element of the crime.
3. That its accomplishment is inherently Must be proved.
impossible or that the means employed Burden of proof: in general intent, the burden of
is either inadequate or inefficient. proving the absence falls to the defense. In
specific intent, the burden of proving its existence
Legal impossibility – where the intended acts, rests on the prosecution.
even if completed would not amount to a crime.  Examples: animus interficendi (intent to
Example: stealing property that turned out to be kill); animus possidendi (intent to
owned by the stealer. possess).
Physical impossibility – when extraneous A person committing suicide jumped from the 5th
circumstances unknown to the actor or beyond floor of a building and fell on a passerby on the
his control prevent the consummation of the ground, causing the latter’s death, while the first
intended crime as the act cannot be completed. survived the suicide. The suicidal person was
Example: stealing from a vault that turned out ro liable for reckless imprudence resulting to
be empty. homicide because his negligent act of jumping
from the building caused the death of another
Felonies against persons: person.
a. Parricide Apply: Article 365, RPC (Quasi-offense).
b. Murder Note: Article 4(1), RPC cannot be applied because
c. Homicide this applies to intentional felonies.
d. Infanticide
e. Abortion You entered a room and saw inside two persons,
f. Duel one was holding a bolo and the other dead on the
g. Physical injuries floor. The death of the latter proves the intent to
h. Rape kill of the former.
Felonies against property: In homicide, the intent to kill is presumed.

a. Robbery

You saw a body sprawled on the floor and may be deemed proper, without
thought it was a dead body. You fired at it. It suspending the execution of the sentence,
turned our the body was a living person and that when a strict enforcement of the provisions
you caused his death. There is not mistake of of this Code would result in the imposition
fact. Simply assuming that a person sprawled on of a clearly excessive penalty, taking into
the floor is dead and shooting him immediately consideration the degree of malice and the
without ascertaining that he is indeed dead shows injury caused by the offense.
negligence. Mistake in the mistake of fact must
be without negligence. A crime not intended was Basis of Article 5(1) – nullum crimen, nulla poena
committed (Art. 14[1]). sine lege (there is no crime if there is no law
punishing it). As a civil law country (contrary to
Legal basis of efficient intervening cause – Article this is common-law crime which are contrary
4(1). In order to be applied, the injury caused to good customs and public policy even though
must be the direct, natural, and logical not expressly punished by law), PH penal laws are
consequence of the felonious act. The efficient enacted. Crime is the product of the law. Thus,
intervening cause is an act which cuts the DNL Article 21, RPC prohibits the imposition of a
flows of events that connects the proximate penalty not prescribed by law prior to the
cause to the injury. commission of a felony.
During a fight, A cut off the finger of B. B, out of Basis of Article 5(2) – dura lex sed lex (the law is
spite and to make A more liable, did not consult harsh but it is the law).
medical attention and let her would naturally
fester and turn into infection, causing his death. Article 5 is applicable to violation of special law in
A is still liable for B’s death, because not light of Article 10, RPC (suppletory application).
submitting to medical treatment is not an efficient Also, jurisprudence has applied it to special laws.
intervening cause. Victim is not obliged to submit In Cahulogan vs. People, the court applied Article
to medical treatment. 5(2) for violation of the Anti-Fencing Law.
B, out of spite, dipped his open wound into a petri Note: A proper decision is different from acquittal
dish contaminated with virus, in order to put A or dismissal. The court may still render a
into greater liability. In this case, A is not liable. conviction e.g. if the acts of the accused
The act of B constitutes an independent cause constitute another lesser crime.
distinct from the felony committed by A. The
proximate cause of B’s death is actually B’s own Article 247 is not a crime. In the case of People
intentional act of exposing her wound to virus. vs. Abarca, the Court considered Article 247 a
defense of the accused rather than a crime.
Personal ailment does not constitute an efficient Despite imposing the penalty of destierro
intervening cause. (banishment), this penalty serves more as a
protection to the accused rather than a
ARTICLE 5: Whenever a court has punishment.
knowledge of any act which it may deem
proper to repress and which is not If A was married to B, and one day A caught B
punishable by law, it shall render the having sex with C, A would be charged with the
proper decision and shall report to the crime of homicide, not charged with Article 247
Chief Executive, through the Department of because Article 247 is a defense available to the
Justice, the reasons which induce the court accused. It is an exception circumstance that can
to believe that said act should be made the excuse him from criminal liability. It is not a crime
subject of penal legislation. that can be charged. If during the killing of C, A
injured other people, A is liable of negligence
In the same way, the court shall submit to resulting to physical injuries.
the Chief Executive, through the
Department of Justice, such statement as

Similar to Article 247, Article 4(2), impossible Therefore, he still has control as he may not
crime, can also work as a defense available to the continue his overt acts.
accused. This is because the penalty for
impossible crime, arresto mayor or a fine of 200- Note: Desistance should be done at the subject
500 pesos, is too low in comparison to the phase.
intended crime.
Atty. Adi: The theft of a worthless check is still
ARTICLE 6: Consummated felonies, as well consummated theft because a check, even if
as those which are frustrated and unfunded, is a piece of paper with value.
attempted, are punishable.
Development of crime
A felony is consummated when all the 1. Internal acts
elements necessary for its execution are a. Mere ideas
present; and it is frustrated when the 2. External acts
offender performs all the acts of execution a. Preparatory acts
which would produce the felony as a b. Acts of execution
consequence but which, nevertheless, do i. Attempted
not produce it by reason of causes ii. Frustrated
independent of the will of the perpetrator. iii. Consummated
There is an attempt when the offender Over acts – some physical activity or deed,
commences the commission of a felony indicating the intention to commit a particular
directly by overt acts, and does not perform crime, more than a mere planning or preparation,
all the acts of execution which should which if carried to its complete termination
produce the felony by reason of some cause following its natural course, without being
or accident other than his own frustrated by external obstacles nor by the
spontaneous desistance. voluntary desistance of the perpetrator, will
logically and necessarily ripen into a concrete
Consummated stage – all acts of execution are offense.
present hence the offender is in the objective
stage Indeterminate offense – the purpose of the
offender in performing an act is not certain and
Frustrated stage – the offender has also reached may pertain to more than one offense. Its nature
the objective stage for he has performed all the in relation to its objective is ambiguous.
acts which would produce the felony, but the Manner of committing the crime:
crime was not committed for reasons 1. Formal crimes – crimes consummated by
independent of his will. In both consummated a single act. There is no attempted or
and frustrated stages, offender is in the objective frustrated formal crimes.
stage because having performed all acts for the a. Slander, libel, physical injuries, act of
accomplishment of the crime, there is nothing lasciviousness, threats, coercion,
more left for him to do. alarms and scandal.
b. Intent is absent such as in culpa and
Note: If the reason is dependent on his will, as malum prohibitum.
when in homicide, the wound is fatal but he 2. Crimes consummated by mere attempt
himself brought the victim to the hospital, it is not or proposal or by overt act.
frustrated homicide but some other crime like 3. Felony by omission.
physical injuries. 4. Crimes requiring the intervention of two
persons to commit them are
Attempted stage – the offender is still in the consummated by mere agreement.
subjective stage because he has not performed 5. Material crimes – those that involves the
all acts necessary for its accomplishment. stages of execution (attempted,
frustrated, consummated).

Some crimes have no frustrated stage: Slight physical injuries is the only crime against
a. RPC defines a felony in such a manner person, and it should always be consummated.
that it cannot be frustrated: rape. Thus, “against persons” is redundant in the
b. When the crime requires agreement provision.
between two parties: corruption of public
officers. Crimes against person or property:
1. Slight physical injuries
How to determine whether the crime is only 2. Theft
attempted, or frustrated, or it is consummated: 3. Alteration of boundary marks
1. Nature of the offense 4. Malicious mischief
2. Elements constituting the felony
3. The manner of committing the same ARTICLE 8: Conspiracy and proposal to
commit felony are punishable only in the
Article 6(1) is the general rule, while Article 7 cases in which the law specially provides a
allows for the exception to this general rule. penalty therefor.
A and B are enemies. While B was outside, A fired A conspiracy exists when two or more
a shot towards him, but the bullet hit C who was persons come to an agreement concerning
at that time beside B. A is criminally liable for the the commission of a felony and decide to
complex crime of homicide and attempted commit it.
homicide.
Legal basis: Article 4(1) and Article 6(3). A is There is a proposal when the person who
liable both for trying to kill B and the resulting has decided to commit a felony proposes its
crime of killing C. The case is an example of execution to some other person or persons.
aberratio ictus or mistake in the blow which
produces a complex crime. Penalty for the more General rule: conspiracy and proposal to commit
serious crime in its maximum period shall be felony are not punishable.
imposed (Article 49). Exception: they are punishable only in the cases
in which the law specially provides a penalty
Afa, intending to rob San Beda, purchased a therefor.
picklock. Afa told Yums of this fact which Yums
reported to the police. Afa went home and was Two concepts of conspiracy:
apprehended by the police. Afa is not liable for 1. As a crime itself – mere act of conspiring
attempted robbery, because possession of is defined and punished as a crime.
picklock is only a preparatory act and not an over o Conspiracy to commit treason
act indicating the intention to commit robbery. o Conspiracy to commit coup
However, RPC defines possession of picklocks as d’etat, rebellion or insurrection
a different felony, thus still punishabe. o Conspiracy to commit sedition
o Monopolies and combinations in
Arson is consummated by burning the property of restraint of trade
another, no matter how small the burn is. 2. As a basis of incurring criminal liability –
conspiracy ceases to be a crime but is
In attempted homicide or murder, if injuries are absorbed by the crime itself; crime
inflicted, there is a crime of physical injuries. transforms e.g. from conspiracy to
commit rebellion to rebellion.
a. Conspiracy by prior agreement –
ARTICLE 7: Light felonies are punishable conspirator is liable as long as he
only when they have been consummated, appeared in the situs of the
with the exception of those committed crime.
against persons or property. b. Implied conspiracy – conspiracy
is instantaneous at the moment
Mistake in Article 7: of the commission of the crime.

Essential for criminal liability that there is no meeting of the minds between them.
the conspirator participated in Spark is liable for proposal to commit rebellion.
the commission of the crime.
If Spark and Chocola agreed and later on
Conspiracy as a crime cannot be implied committed rebellion, they are liable not for
conspiracy. It can only be by pre-agreement or conspiracy, but for the crime of rebellion because
by plan because it is the act of conspiring that is conspiracy is now absorbed by the crime of
penalized. rebellion, becoming a basis for incurring criminal
liability.
Conspiracy comes into life by the meeting of the
minds. Examples of conspiracy punishable under special
laws:
Conspiracy is not presumed, its elements must be 1. Specific acts provided under the
proved beyond reasonable doubt. Dangerous Drugs Act
2. Espionage
One who joins a criminal conspiracy, adopts in 3. Arson
effect the criminal design of his co-conspirators, 4. Terrorism under the Human Security Act
and he can no longer repudiate the conspiracy 5. Child Pornography
after it has materialized. Conviction is proper 6. Access Device Fraud
upon proof that the accused acted in concert. The 7. Against the life of the Chief Executive
act of one then becomes the act of all, and each 8. Money Laundering
of the accused will thereby be deemed equally
guilty as co-principals of the crime committed. Atty. Adi: Illegal Association and Highway
The degree of actual participation in the Robbery not included.
commission of the crime is immaterial in a
conspiracy. What is important is that all of them In conspiracy to commit rebellion, they are liable
performed specific acts with such closeness and for the conspiracy and when the rebellion is
coordination as to indicate an unmistakably actually committed, the crime of rebellion
common purpose or design to commit the crime. absorbs the conspiracy.
A conspirator may be liable differently if there is In conspiracy to commit murder, they are not
present a circumstance personal to him. liable because such is not punishable by law but
if they perform the crime of murder, the
The acts of the defendants must show a common conspiracy makes them all liable. The act of one
design. is the act of all.
Punishment for mere proposal: Wheel or circle conspiracy – a single person or

 Proposal to commit treason group called “the hub” deals individually with two
 Proposal to commit coup d’etat, rebellion or more other persons or groups called “the
or insurrection spokes.” The hub is considered the central
mastermind and the spokes the secondary co-
Virna, wanted to burn San Beda down, told this conspirators. The spokes work at single
to her close friend Zea. Zea then went to the transactions while the hub operate a collective
police and repordted Virna’s criminal intent. The illegal enterprise.
police found Virna after she has bought a gallon
of gasoline in the school store. The police Chain conspiracy – the conspirators act
apprehended Virna, but she is not criminally liable separately and successively, and each person is
because the act of buying is a preparatory act not responsible for a specific action in the overall
punishable by law. plan.
Spark proposed to Chocola to commit rebellion, ARTICLE 9: Grave felonies are those to
but Chocola refused. Chocola is not liable because which the law attaches the capital

punishment or penalties which in any of a. Modifying circumstances shall be
their periods are afflictive, in accordance considered in the determination of
with Article 25 of this Code. penalties.
b. Indeterminate Sentence Law shall be
Less grave felonies are those which the law followed, not the rules for special laws.
punishes with penalties which in their c. The use of RPC penalties does not
maximum period are correctional, in convert the offense into malum in se.
accordance with the abovementioned
article. A special law that merely amends the provisions
of the RPC is not a true special law.
Light felonies are those infractions of law
for the commission of which the penalty of Benign provisions of the RPC are not applicable
arresto menor or a fine not exceeding Forty to offenders under special laws.
thousand pesos or both is provided.
ARTICLE 11: The following do not incur any
There is no error or inconsistency with Article 9 criminal liability:
and 26. Article 9 should prevail when the issue is
prescription of crime because it is within the Title 1. Anyone who acts in defense of his
pertaining to felonies and how they are person or rights, provided that the
committed. Article 26 should prevail in following circumstances concur;
prescription of penalty because it is within the
Title on penalties. First. Unlawful aggression.
ARTICLE 10: Offenses which are or in the Second. Reasonable necessity of the
future may be punishable under special means employed to prevent or repel
laws are not subject to the provisions of it.
this Code. This Code shall be
supplementary to such laws, unless the Third. Lack of sufficient provocation
latter should specially provide the contrary. on the part of the person defending
himself.
Error:
The first sentence is unnecessary, since it is 2. Anyone who acts in defense of the
already a settled rule in statutory construction person or rights of his spouse,
that special laws control or prevail over general ascendants, descendants, or
laws. Generalia specialibus non derogant. The legitimate, natural or adopted
first sentence may be removed. The true soul of brothers or sisters, or his relatives
the provision is provided in the second sentence. by affinity in the same degrees and
Special laws – define and penalize crimes not those of consanguinity within the
included in the RPC. fourth civil degree, provided that
the first and second requisites
The suppletory effect of the RPC cannot be prescribed in the next preceding
invoked where there is legal or physical circumstance are present, and the
impossibility of or a prohibition in the special law further requisite, in case the
against such supplementary application. provocation was given by the
person attacked, that the one
Suppletory application of the RPC to special laws making defense had no part therein.
finds relevance only when the provisions of the
special law are silent on a particular matter. 3. Anyone who acts in defense of the
person or rights of a stranger,
Effects when special laws use the nomenclature provided that the first and second
of the penalties in the RPC: requisites mentioned in the first
circumstance of this Article are

present and that the person Accused must present proof of positively strong
defending be not induced by act of real aggression.
revenge, resentment, or other evil
motive. Unlawful aggression must be real or at least
imminent:
4. Any person who, in order to avoid an Real aggression – attack with physical force or
evil or injury, does an act which with a weapon such as to cause injury or danger
causes damage to another, provided to life or personal safety.
that the following requisites are Imminent – an attack is impending or at the point
present; of happening. Must be offensive and positively
strong.
First. That the evil sought to be
avoided actually exists; When the aggression no longer exists, there is no
need for self-defense. The person defending
Second. That the inquiry feared be must stop when aggression ceased, otherwise he
greater than that done to avoid it; becomes the aggressor.
Third. That there be no other Presence of large number or wounds inflicted

practical and less harmful means of disprove self-defense. Indicates not the desire to
preventing it. defend but the effort to kill and contradicts the
reasonableness of the means adopted to prevent
5. Any person who acts in the or repel the unlawful aggression.
fulfillment of a duty or in the lawful
exercise of a right or office. “Stand ground when in the right” is the new rule,
and the abandoned rule is “retreat to the wall”.
6. Any person who acts in obedience to
an order issued by a superior for Article 429, NCC – the owner or lawful possessor
some lawful purpose. of a thing has the right to exclude any person
from the enjoyment and disposal thereof. For this
purpose, he may use such force as may be
Justifying circumstances – those where the acts reasonably necessary to repel or prevent an
of the actor are not unlawful, thus he incurs no actual or threatened unlawful physical invasion or
criminal liability. Since there is not crime, there is usurpation of his property.”
no criminal and hence no civil liability except in
paragraph 4 wherein Article 101 states that the Requisites of sufficient provocation:
persons for whose benefit the harm has been 1. That the provocation be sufficient.
prevented shall be civilly liable in proportion to 2. That the provocation comes from the
the benefit they received. offended party.
3. That the provocation immediately
Paragraph 1: Self-defense preceded the act.
The effect of invoking self-defense is to place the Atty. Adi: Adequate to excite or scare a person.
burden on the accused to prove the fact of
legitimate defense thereby he admits the Atty. Adi: The law does not limit the application
commission of the act complained. of sufficient provocation to the offender. There is
no jurisprudence to support it.
Unlawful aggression – primordial requisite which Reyes added another element – that the
must at all times be present. provocation was made against the offender.
Aggression must be actual, sudden, unexpected
attack or imminent danger thereof, and not The requisite of lack of provocation is present
merely a threatening or intimidating attitude. when:

1. No provocation at all was given to the
aggressor. Two requisites present – privileged mitigating.
2. Even if provocation was given, it was not
sufficient. One requisite present – ordinary mitigating.
3. Even if the provocation was sufficient, it
was not given by the person defending Paragraph 4 – State of Necessity
himself.
4. When given by the person defending Must not be caused by the negligence or violation
himself, it was not proximate and of the law of the actor, otherwise it cannot be
immediate to the act of aggression. benefited.
As an element of self-defense – there must be a There is civil liability to the one benefited by the
lack of sufficient provocation on the part of the act.
defender.
As a mitigating circumstance – there must be Sheldon and Meemaw were on a sinking boat. In
presence thereof on the part of the offended order to decrease the weight on the boat,
party. Sheldon threw in the sea the 20 LV bags owned
by Meemaw. Those benefited from the act will be
The reason why a person who acts in self-defense civilly liable, pursuant to Article 101. In this case,
do not incur criminal liability: Sheldon benefited.
a. No criminal intent
b. Instinct of self-preservation Paragraph 5 – Fulfillment of Duty or Exercise of a
c. Principle “stand ground when in the Right
right” is adopted
d. The state cannot always protect each Doctrine of “self-help” – Article 429, NCC.
citizen, that is why a person has the right
to protect himself. When possession has already been lost, he must
resort to judicial process in reclaiming his
Paragraph 2 – Defense of Relatives property, otherwise he could be liable for
coercion.
In this case, the provocation was given by the
person attacked, and the person defending had Algie went on a vacation. When he returned
no part therein. home, he found that Kwillon has constructed a
shanty on his land and settled therein. Algie
Natural brother or sister – siblings outside the cannot dismantle the shanty of Kwillon because
marriage of your parents, which whom one the shanty is the property of Kwillon. Under the
shares one or both parents. doctrine of self-help, when there has been actual
dispossession, the use of reasonable force can
Relative of the 4th civil degree – first cousin, only be made immediately after the actual
siblings of my grandparents. invasion or usurpation. Thereafter, Algie must
seek the intervention of the court in order to
Paragraph 3 – Defense of Strangers retake his property.
The person defending is not induced by revenge, 2 kinds of invasion:

resentment or other evil motives. 1. Mere disturbance of possession – may
use force anytime it continues.
Defense of relatives beyond the fourth degree of 2. Actual dispossession – may use force
consanguinity is defense of strangers and the only immediately after dispossession.
third element in defense of relatives will be Note: When there is actual dispossession and
replaced. a considerable period has passed such that
the owner has lost control or possession of
All requisites present – justifying circumstance. his property, the proper remedy is to go to

court and ask for the reacquisition of the 1. An imbecile or an insane person,
property. unless the latter has acted during a
lucid interval.
Paragraph 6 – Obedience to Superior
When the imbecile or an insane
Even if the order of the superior is illegal, if it person has committed an act which
appears to be legal, and the subordinate is not the law defines as a felony (delito),
aware of its illegality, the subordinate is not the court shall order his
liable. confinement in one of the hospitals
or asylums established for persons
Rational equivalence – is the proportionateness thus afflicted, which he shall not be
between the attack and defense which is permitted to leave without first
determined by the emergency, the imminent obtaining the permission of the
danger and the instinct, more than the reason, same court.
that impels one to act.
(Paragraphs 2 and 3 on the
R.A. 9262 talks about Battery – inflicting physical exempting circumstance of minority
harm upon the woman or her child resulting to is deemed repealed by R.A. No.
physical and psychological or emotional distress. 9344, otherwise known as Juvenile
Justice and Welfare Law. Minority
Battered woman syndrome – scientifically defined as an exempting circumstance is
pattern of psychological and behavioral now found in Section 6 of R.A. No.
symptoms found in women in battering 9344.)
relationships as a result of cumulative abuse.
5. Any person who, while performing a
Phases: lawful act with due care, causes an
1. Tensions building phase injury by mere accident without
2. Acute battering phase fault or intention of causing it.
3. Tranquil or loving phase
6. Any person who acts under the
Who is covered? compulsion of irresistible force.
1. A woman who is a wife, former wife, with
whom the person had sexual or dating 7. Any person who acts under the
relations, or has a common child. impulse of an uncontrollable fear of
2. The woman’s child (below 18 years or an equal or greater injury.
cannot take care of himself) and a
biological child or child under the 8. Any person who fails to perform an
woman’s care. act required by law, when
prevented by some lawful or
Requisites: insuperable cause.
1. History of at least two complete cycles.
2. The final battering (a) preceded the
killing and (b) produced in the woman’s Distinctions between justifying and exempting
mind: (i) actual fear of imminent danger circumstances:
and (ii) belief that she needed to use
force to save her life. JUSTIFYING EXEMPTING
3. Batterer posed probable harm to the The act is legal. The act is criminal.
woman when he was killed. There is no crime, There is a crime,
hence no criminal. hence a criminal.
ARTICLE 12: The following are exempt Since there is no Since there is a crime,
from criminal liability: crime, there is no there is a criminal (but
the law exempts him

criminal and no civil from criminal liability). 3. Insanity was present immediately before,
liabilities. And there are civil during, or after the commission of the
liabilities. crime.
The emphasis of the The emphasis of the
law is on the act. law is on the actor. Imbecility – same standards with respect of
both insanity and imbecility obtain.
Basic reason – the complete absence of
intelligence, freedom of action, or intent, or on Feeblemindedness is not imbecility – in the case
the absence of negligence on the part of the of Formigones, feeblemindedness is not
accused. imbecility nor insanity. Applying the cognitive
test, feeblemindedness does not completely
Insanity (there must be): deprive a person of intelligence. It may only be
1. Complete deprivation of intelligence mitigating under Article 13.
(cognition).
2. Total deprivation of freedom of the will Minority – R.A. 9344 (Juvenile Justice Welfare
(volition test). Act)
The volition test does not suffice to exempt from
liability, it must be accompanied by the cognition Child – a person below 18 years of age.
test. The cognition test is sufficient to exempt
from liability. Neglected child – 12 years old and 1 day up to 15
years old who commits:
Burden to prove is upon the accused – law a. Parricide
presumes every man to be sane. b. Murder
c. Infanticide
Insanity must be present preceding the act or to d. Kidnapping and serious illegal detention
the very moment of its execution NOT where the victim is killer or raped
subsequent to the commission of the crime. e. Robbery with homicide or rape
f. Destructive arson
Article 79 refers to insanity occurring after the g. Rape
commission of the crime: when the convict shall h. Carnapping where the driver or occupant
become insane or an imbecile after final sentence is killed or raped
has been pronounced, the execution of said i. Drug offenses punishable by more than
sentence shall be suspended only with regard to 12 years of imprisonment
the personal penalty. If any time the convict shall j. Commits an offense for the second time
recover his reason, his sentence shall be or oftener who was previously subjected
executed, unless the penalty shall have to a community-based intervention
prescribed. program
Distinguish: Child at risk – vulnerable to and at the risk of

Insanity – lack of reason. committing criminal offenses because of
Passion – failure to reason or good judgement personal, family and social circumstances such as
due to extreme anger. sexual, physical and other kinds of abuses,
abandonment, dysfunctional or broken family.
Schizophrenia – inability to distinguish between Also, a child who has committed any violation of
fantasy and reality and often accompanied by the local ordinances on juvenile status offenses.
hallucinations and delusions. Formerly called
dementia praecox. Concerning juvenile status offenses such as:
a. Curfew violations
Requisites to prove insanity: b. Truancy
1. Complete deprivation of intelligence. c. Parental obedience
2. Crime was not committed during a lucid d. Anti-smoking and anti-drinking laws
interval.

e. Misdemeanors against public order or c. By Military Tribunals cannot avail of
safety such as disorderly conduct suspended sentence.
f. Public scandal
g. Harassment Suspension of sentence shall be enjoyed by the
h. Drunkenness juvenile even if he is already 18 or more at the
i. Public intoxication time of the pronouncement of his guilt.
j. Criminal nuisance
k. Vandalism Juveniles who have been convicted of a crime
l. Gambling punishable with reclusion perpetua to death or
m. Mendicancy death, are disqualified from having their
n. Littering sentences suspended.
o. Public urination
p. Trespassing If the child reached 18 years old while under
No penalty shall be imposed on children for said suspended sentence, the court shall either:
violations, they shall instead be brought to their a. Discharge the child.
residence or to any barangay official at the b. Order execution of sentence.
barangay hall to be released to the custody of c. Extend the suspended sentence for a
their parents. specified period or until he reaches the
maximum age of 21.
Child in conflict with the law – alleged as, accused
of, or adjudged as having committed an offense. What is controlling with respect to the exemption
from criminal liability is not the age at the time of
One of the rights of CICL is to be free from liability the promulgation of judgement but his age at the
for perjury, concealment or misrepresentation of time of the commission of the offense.
confidential information related to the records
and proceedings of the child. Accused committed the crime while he was a
minor but he was convicted when he was over
15 years old and below – exempt from criminal 21. He can no longer benefit from suspended
liability, shall be subject to an intervention sentence as he is above the maximum age.
program.
Any person contesting the age of the CICL has
15 years old and 1 day up to 18 years and below: the burden of proving otherwise.
If acted without discernment – exempt from
criminal liability. Per Article 68(2), when the offender is under 18,
If acted with discernment – diversion program. the penalty next lower than that prescribed by
law shall be imposed but laws in the proper
Children under 18 years old are exempt from the period. However, for purposes of determining the
following offenses: proper penalty because of minority, the death
a. Status offenses – any conduct not penalty is still the penalty to be reckoned with.
considered an offense and not penalized
if committed by an adult (i.e. violation of A child above 15 but below 18 years of age who
curfew) acted without discernment shall be subjected to
b. Vagrancy and prostitution an intervention program. If the same child acted
c. Mendicancy with discernment, he shall be subjected to a
d. Sniffing of rugby diversion program. Discernment must be alleged
in the information and clearly proven, otherwise
Cannot avail suspended sentence if: the presumption is in favor of the child who shall
a. Has once enjoyed suspension of be deemed to have acted without discernment.
sentence under its provisions.
b. Convicted for an offense punishable by Age of absolute irresponsibility – 15 years and
death or life imprisonment. below (infancy).

Age of conditional responsibility – 15 years and 1 c. Physical force must come from a third
day to 18 years. person.
Age of full responsibility – 18 years or over
(adolescence) to 70 (maturity). Impulse of uncontrollable fear – requisites:
Age of mitigated responsibility – 15 years and 1 a. Threat which caused the fear of an evil
day to 18 years, the offender acting with greater than or at least equal to that
discernment; over 70 years of age. which the accused was required to
commit;
Discernment – capacity of the child at the time of b. It promised an evil of such gravity and
the commission of the offense to understand the imminence that the ordinary man would
differences between right and wrong and the have succumbed to it.
consequences of the wrongful act.
Irresistible Force vs. Uncontrollable Fear
Accident – is something that happens outside Irresistible force – physical force or violence.
the sway of our will, and although it comes about Uncontrollable fear – pertains to intimidation or
through some act of our will, lies beyond the threat.
bounds of humanly foreseeable consequences.
a. Terminated affinity view
Requisites: b. Continuing affinity view
a. The accused was performing a lawful act
with due care; Insuperable cause – the law imposes a duty on
b. The injury is caused by mere accident; the offender to perform an act but his failure to
and do so is due to a lawful or insuperable cause.
c. There was no fault or intent of causing
the injury. Reverse trial – in the normal order of trial, the
prosecution first presents evidence to establish
the guilt of the accused, which is followed by the
Atty. Adi: Some authors say that Article 67 is accused’s presentation of evidence for defense.
redundant because it is the same as Article 365. In a reverse trial, the accused admits to the
They are different. Article 67 clearly provides for commission of the crime by raising an affirmative
the penalty to be imposed when not all the defense, e.g. self-defense. In this case, the
requisites of Article 12(4) are present. While accused will first present evidence to prove the
Article 365 applies when the 4th requisite is existence of his defense before the prosecution
absent, specifically when the act is performed presents their evidence.
with fault/negligence.
In theory, we should apply Article 67 when all the Absolutory causes – those where the act
requisites under Article 12(4) are not present. committed is a crime but for reasons of public
However, based on jurisprudence, the Court policy and sentiment there is no penalty imposed.
always use Article 365, the same being alleged by
prosecution when charging a person who has a. Spontaneous desistance during
caused an injury by mere accident with attempted stage (Art. 6) and no crime
negligence. under another provision of the Code or
other penal law is committed.
When accident is committed with negligence, b. Light felony is only attempted or
Article 365 will apply for culpable felonies. frustrated, and is not against persons of
property. (Art. 7)
Admitting guilt is not applicable to culpable c. The accessory is a relative of the
felonies, thus cannot be mitigating. principal. (Art. 20)
d. Legal grounds for arbitrary detention.
Irresistible force – requisites: (Art. 124)
a. Compulsion is by means of physical force. e. Legal grounds for trespass. (Art. 280)
b. Physical force must be irresistible.

f. The crime of theft, swindling or malicious 4. That sufficient provocation or threat
mischief is committed against a relative. on the part of the offended party
(Art. 332) immediately preceded the act.
1. Spouses, ascendants and 5. That the act was committed in the
descendants or relatives by affinity in immediate vindication of a grave
the same line; offense to the one committing the
2. The widowed spouse with respect to felony (delito), his spouse,
the property which belonged to the ascendants, descendants,
deceased spouse before the same legitimate, natural or adopted
shall have passed into the possession brothers or sisters, or relatives by
of another; and affinity within the same degrees.
3. Brothers and sisters and brothers-in- 6. That of having acted upon an
law and sisters-in-law, if living impulse so powerful as naturally to
together. have produced passion or
g. When only slight or less serious physical obfuscation.
injuries are inflicted by the person who 7. That the offender had voluntarily
surprised his spouse or daughter in the surrendered himself to a person in
act of sexual intercourse with another authority or his agents, or that he
person. (Art. 247) had voluntarily confessed his guilt
h. Marriage of the offender with the before the court prior to the
offended party when the crime presentation of the evidence for the
committed is rape, abduction, seduction, prosecution.
or acts of lasciviousness. (Art. 344) 8. That the offender is deaf and dumb,
i. Instigation. blind, or otherwise suffering some
physical defect which thus restricts
Instigation – a public officer or a private detective his means of action, defense, or
induces an innocent person to commit a crime communication with his fellow
and would arrest him upon or after the beings.
commission of the crime by the latter. It is an 9. Such illness of the offender as
absolutory cause. would diminish the exercise of the
will-power of the offender without
Entrapment – a person has planned, or is about however depriving him of
to commit a crime and ways means are resorted consciousness of his acts.
to by a public officer to trap and catch the 10. And, finally, any other
criminal. Entrapment is not a defense. circumstances of a similar nature
and analogous to those above-
ARTICLE 13: The following are mitigating mentioned.
circumstances:
1. Those mentioned in the preceding Error in Article 13(5): The word “immediate” is
chapter, when all the requisites erroneous because in the original Spanish text,
necessary to justify the act or to the word is “proxima” or proximate in English.
exempt from criminal liability in the Proximate allows for the lapse of a period of time,
respective cases are not attendant. as long as the cause and effect relationship
2. That the offender is under eighteen subsist.
years of age or over seventy years.
In the case of the minor, he shall be Generally – impose the penalty in its minimum
proceeded against in accordance period.
with the provisions of Article 80. Article 13 enumerates ordinary mitigating
3. That the offender had no intention circumstances (minimum period). However, in
to commit so grave a wrong as that the case of:
committed.

a. Minority (13[2]), it is never ordinary but Senility – over 70 years old, is generally an
is always privileged mitigating because of ordinary mitigating circumstance but prior to R.A.
R.A. 9344 9346, when the penalty imposable is death, it
b. Incompleteness (13[1]) of the requisites shall be reduced to reclusion perpetua thus
to exempt from criminal liability or justify partaking of the nature of a privileged mitigating
the act becomes privileged mitigating circumstance.
when the majority of the requisites are
present because of Article 69(1). Sufficient provocation requisites:
a. The provocation must be sufficient.
Kinds of mitigating circumstances: b. It must be immediate to the commission
a. Ordinary – lowers the penalty to the of the crime.
minimum period. The penalty must be c. It must originate from the offended
divisible. party.
Article 13. No interval of time.
b. Privileged – lowers the penalty by one to
two degrees, whether divisible or As a requisite of self-defense – must be absent
indivisible. on the part of the person defending himself.
Article 68(2) for minority, 64(4) when As a mitigating circumstance – present on the
there are two or more ordinary mitigating part of the person defending himself.
and no aggravating, Article 69 when
requisites are incomplete, may lower the Immediate vindication of grave offense –
penalty up to two degrees. offense need not be a crime, it may be any act or
event which offends the accused causing mental
Atty. Adi: Some authors say that Article 64(4) agony to him.
does not apply when there is any aggravating,
thus the effect to the penalty should be that it Unlike sufficient provocation, immediate means
must be imposed in its minimum period only, proximate, and allows an interval of time between
regardless of how many ordinary mitigating are the commission of the offense and its vindication
left after the offsetting. This is based on the verba as long as the offender is still suffering from the
legis principles. However, it is worth taking note mental agony brought about by the offense to
that under statutory construction, laws must be him.
construed as a whole and not by limited parts or
provisions. Also, the legal maxim in dubio pro reo Cannot be considered when accused had
may be argued sufficient time to recover his serenity.
Distinctions between the two: Passion or obfuscation requisites:

Ordinary may be offset by a generic aggravating 1. There be an act, both unlawful and
circumstance, a privileged may not. sufficient to produce such condition in
the mind.
Where there are two ordinary and no aggravating 2. The act was not far removed from the
circumstance, the penalty is lowered by one commission of the crime by a
degree only. considerable length of time during which
the offender may recover his equanimity.
Incompleteness of the requirements – 3. The act was committed by the offended
should be related to Article 69 which prescribes a party.
privileged mitigating circumstance reducing the
penalty by one or two degrees if majority of the Must arise from lawful sentiment not from spirit
requisites exempt or justify are present. of revenge/lawlessness.
Minority – always a privileged mitigating There is diminution of intelligence and intent.

circumstance. Less voluntariness in the commission of the
crime.

U.S. vs. HICKS illicit relationship for the sake of gain – or gainful
The common-law wife of Mr. Hicks terminated promiscuity as the court put it. This, coupled with
her relations with the American, and contracted the cruel words against him were enough to
new relations with a certain corporal. Mr. Hicks constitute passion and obfuscation in the old soul.
shot his ex-common-law-wife when she refused Thus, he is entitled to a mitigating circumstance.
to go home with him and resume their
relationship. Since they were not married, she Voluntary surrender requisites:
was entitled to do so. What she did – cruel as it a. The offender surrendered to a person in
may be – was legal in the eyes of law. Passion authority or his agent.
and obfuscation were not appreciated in such a b. The offender surrendered before arrest is
case, since the common-law wife had a right to effected.
leave her common-law husband, as they were not c. It must be voluntary and must show the
united in holy matrimony. He had no right to intent of the accused to submit himself
compel her to go with him. Remember that the unconditionally to the authorities, either
first requirement of passion or obfuscation is that because he acknowledges his guilt or he
there be an unlawful act, sufficient to produce wishes to save them the trouble.
diminution of self-control or the exercise of will
power. The offender himself should surrender.
U.S. vs. DELA CRUZ Voluntary plea of guilty requisites:

In this case, the accused was entitled to the a. The plea was made in open court (judicial
mitigating circumstance of passion or not extrajudicial confession).
obfuscation. The facts in this case must be b. It was spontaneous and unconditional.
distinguished from the case of U.S. vs. Hicks c. Made before presentation of the
where it was found that the accused, deliberately evidence by the prosecution.
and after due reflection resolved to kill the
woman who had left him for another man. With May not foist a conditional plea of guilty on the
a clean and well-prepared weapon, he entered court by admitting his guilty provided that a
the house, disguising his intention and calming certain penalty will be meted unto him.
her by his apparent repose and tranquility,
doubtless in order to successfully accomplish his Voluntary surrender and voluntary plea are
criminal design. The cause of the alleged passion independent of each other and can be
and obfuscation of the accused was his vexation, simultaneously and separately considered in
disappointment and anger engendered by the favor of the offender being based on different
refusal of the woman to continue to live in illicit grounds. If both present, the penalty shall be one
relations with him, which she had a perfect right degree lower imposed in the proper period,
to do. provided there is no aggravating circumstances.
In the present case, however, the impulse was Plea bargain – is an agreement in a criminal case
caused by the sudden revelation that she was between the prosecutor and the defendant
untrue to him, and his discovery of her in whereby the defendant agrees to plead guilty to
flagrante in the arms of another. the crime charged in return for some concession
from the prosecutor. When there is a plea
PEOPLE vs. BELLO bargain, the accused can no longer invoke
In this case, what Guillermo was asking from voluntary plea of guilt to mitigate the penalty
Alicia was that she (1) quit her job as a hostess; imposed, since by virtue of the bargain, a lesser
an ill-reputed profession corroborated by her crime has been charged than what the prosecutor
promiscuous relations with other men, and (2) originally intended to.
resume her job as a hostess. The Supreme Court
held that Alicia’s flat out refusal was an exhibition Public authority – in the case of People vs. Rodil,
of immorality itself. A monogamous illegitimate public authority include, but is not limited to,
relationship is definitely of higher standing than persons in authority. However, in the case of

People v. Tac-an, the Court applied public 2. That the crime be committee in
authority the same as persons in authority. It contempt of or with insult to the
further clarified that persons in authority or public public authorities.
authority under Article 14(2) does not include 3. That the act be committed with
teachers and supervisors of schools. The last insult or in disregard of the respect
paragraph of Article 152 only applies to Article due the offended party on account
148 and 151 on direct assault and resistance or of his rank, age, or sex, or that it be
disobedience to a person in authority. committed in the dwelling of the
offended party, if the latter has not
Not applicable to culpable felonies. given provocation.
4. That the act be committed with
Person in authority – any person vested with abuse of confidence or obvious
jurisdiction whether as an individual or member ungratefulness.
of a court, government corporation, board, or 5. That the crime be committed in the
commission. The following are also persons in palace of the Chief Executive, or in
authority: barrio captain and barangay chairman. his presence, or where public
authorities are engaged in the
Agent – is one who, by law, by election, or by discharge of their duties or in a
appointment by competent authority, is charged place dedicated to religious
with the maintenance of public order and the worship.
protection and security of life and property, and 6. That the crime be committed in the
any person who comes to aid of any person in nighttime or in an uninhabited
authority. place, or by a band, whenever such
circumstances may facilitate the
Intermediary – a person who helps in commission of the offense.
surrendering the accused.
Whenever more than three armed
Deaf and dumb, or blind – must be related to malefactors shall have acted
the offense committed because the law requires together in the commission of an
that the defect has the effect of restricting his offense, it shall be deemed to have
means of action, defense, or communication to been committed by a band.
his fellow beings.
7. That the crime be committed on the
It must be shown that such physical defect limits occasion of a conflagration,
his communication with his fellow beings to such shipwreck, earthquake, epidemic,
an extent that he did not have complete freedom or other calamity or misfortune.
of action resulting in diminution of the element of 8. That the crime be committed with
voluntariness. the aid of armed men or persons
who insure or afford impunity.
Cannot be appreciated where physical condition 9. That the accused is a recidivist.
clearly did not limit his means of action, defense
or communication, nor affect his free will. A recidivist is one who, at the time
of his trial for one crime, shall have
Illness – must only diminish and not deprive the been previously convicted by final
offender of the consciousness of his acts, judgement of another crime
otherwise it would become an exempting embraced in the same title of this
circumstance. Code.
ARTICLE 14: The following are aggravating 10. That the offender has been
circumstances: previously punished for an offense
1. That advantage be taken by the to which the law attaches an equal
offender of his public position. or greater penalty or for two or

more crimes to which it attaches a 21. That the wrong done in the
lighter penalty. commission of the crime be
11. That the crime be committed in deliberately augmented by causing
consideration of a price, reward, or other wrong not necessary for its
promise. commission.
12. That the crime be committed by
means of inundation, fire poison, Atty Adi : circumstances enumerated are all
explosion, stranding of a vessel or generic.
intentional damage thereto,
derailment of a locomotive, or by Mitigating Circumstances vs. Aggravating
the use of any other artifice Circumstance:
involving great waste and ruin. a. Mitigating include analogous
13. That the act be committed with the circumstances (liberality of the law in
evident premeditation. favor of the accused); aggravating does
14. That craft, fraud, or disguise be not appreciate such because it would
employed. violate the right of the accused to be
15. That advantage be taken of superior informed of the nature of the accusation
strength, or means be employed to against him.
weaken the defense. b. Mitigating including analogous
16. That the act be committed with circumstances beneficial to the accused;
treachery (alevosia). aggravating including analogous
circumstances is prejudicial to the
There is treachery when the accused.
offender commits any of the crimes c. Mitigating may lower the penalty by
against the person, employing degrees; no matter how many
means, methods or forms in the aggravating circumstances there are, it
execution thereof which tend would only impose the penalty in its
directly and specially to insure its maximum period, and can never be by
execution, without risk to himself degrees.
arising from the defense which the d. Mitigating may not be alleged in the
offended party might make. information; aggravating must be alleged
in the information before they may be
17. That means be employed or proved and appreciated.
circumstances brought about which
add ignominy to the natural effects Kinds of aggravating circumstances:
of the act.
18. That the crime be committed after Generic Qualifying Special
an unlawful entry. Impose May increase Impose in its
in its the penalty maximum
There is an unlawful entry when an maximum by degree period.
entrance is effected by a way not period. i.e.
intended for the purpose. qualifying
circumstance
19. That as a means to the commission of treachery
of a crime a wall, roof, floor, door, or changes
window be broken. homicide to
20. That the crime be committed with murder.
the aid of persons under fifteen Can be Cannot be Cannot be
years of age, or by means of motor offset. offset. offset.
vehicle, motorized watercraft, Changes the Particular
airships, or other similar means. nature of felonies
the crime. mentioned in

the RPC and Aggravating circumstances that will not be
special penal considered by the court in increasing the penalty:
laws. 1. Those that are crime in themselves.
Article 62 2. Those that are included in defining the
1(a) – abuse crime and their penalty.
of public 3. Those that are inherent in the crime.
position and
organized or Organized or syndicated crime group – a group of
syndicated two or more persons collaborating,
group, Article confederating, or mutually helping one another
48 – complex for purposes of gain in the commission of any
crime, Article crime.
49 – error
and Taking advantage of official position
personae,
R.A. 9344 – Two kinds:
Article a. Public office is a constituent element –
14(10), the offense committed cannot exist
Article 62(5) without the office.
– habitual b. Felonies are intimately connected with
delinquency the public office – perpetrated while in
Article 160 – the performance of his official functions,
quasi- through improper or irregular conduct.
recidivism
Article 15 – Uses influence, prestige, and ascendancy which
alternative his office gives him in realizing his purpose.
circumstances
Inherent in the crime of malversation.
Specific Inherent
Impose in its No longer In contempt of or with insult to public
maximum considered. authorities requisites:
period. 1. Public authority is engaged in the
Can be An element discharge of his duties.
offset. of the felony. 2. Offender knows the identity of the public
Treachery – authority.
it can be 3. The crime was committed in his
applied to presence.
any of the
crimes Note: must not be against a person in authority
against for then the crime would be direct assault and
persons this circumstance will be absorbed being inherent
therein. If it were, the aggravating circumstance
All must be alleged in the information. would then be rank (Article 14[3]).
Where one of the aggravating circumstances has Age, sex, rank, dwelling – only one credit is
been used as a qualifying circumstance, the given even though all of these are present.
others will be generic. For instance, since
treachery has qualified the crime as murder, Deliberately intended to offend or insult the age
evident premeditation should be considered as or sex of the offended. Thus, cannot co-exist with
generic. passion or obfuscation where the offender lost his
control or reason.

Rank – high social position or standing. Absorbed trust and confidence that is both immediate and
in direct assault. personal.
Disregard of rank is inherent direct assault. Committed in the palace of the Chief
Executive, etc. – offender must have sought
Age – elderly and the youth. any of the four places for the commission of the
crime.
Sex – inherent in the crime of rape.
Nighttime, uninhabited place, band, aid of
Dwelling (morada) – enclosures under the house. armed men
Not necessary that the house be owned by the
offended (may be appreciated whether the Nighttime (nocturnidad) – from sunset up to
dweller is a lessee, a boarder, or a bed spacer). sunrise (Article 13, NCC)
Intended for rest and comfort.
Nighttime absorbed in treachery if it is a part of
Based on jurisprudence, even the first step of the the treacherous means to insure execution of
staircase is considered part of the dwelling. crime.
Dwelling is not aggravated when: Crime must be covered by darkness. If the light
a. Offended has given provocation. was bright enough to see what was going on and
b. Both the offended and offender live to recognize the assailants, nocturnity is not
therein. aggravating under either the subjective or
c. Dwelling is inherent in the crime such as objectives tests.
trespass to dwelling or robbery in an
inhabited place. In order to be aggravating, the existence of
nighttime should pass either the objective or
Not appreciated in crimes of abduction and illegal subjective test.
detention when the victim is taken from her
house. Nighttime becomes only aggravating when:
Objective test – nighttime facilitated the
Not necessary that the accused enters the commission of the crime.
dwelling of the victim to commit the offense. Subjective test – the offender specially sought the
darkness to ensure impunity.
Abuse of confidence or obvious
ungratefulness requisites: Generally, an aggravating circumstance
a. Offended had trusted the offender. enumerated in Article 14 is generic or specific,
b. Offender abused such trust. unless specified by law to be special or qualifying
c. Such abuse of confidence facilitated to a certain crime. When both band and abuse of
commission of the crime. superior strength are present in a case, band will
absorb abuse of superior strength when both are
The confidence between the parties must be of the same kind of aggravating circumstance.
immediate and personal. When both are generic, band will absorb abuse of
superior strength; when both are qualifying, band
Harvey owed Donna 20 pesos. Donna asked will absorb abuse of superior strength; but when
Harvey to pay almost on a daily basis but Harvey band is generic and abuse of superior strength is
still failed to pay. One day, Harvey invited Donna qualifying, as in the crime of murder, band will
to go to a bar. They partied and got drunk. On not absorb abuse of superior strength.
their way home, Harvey stabbed Donna. Abuse of
confidence is not present because the mere fact Darkness – obscruridad.
that Harvey and Donna went together to a bar
doesn’t mean that they shared a relationship of

Uninhabited place (despoblado) – is where there c. He expressly waived his right to appeal.
is no reasonable possibility of the victim receiving d. He applied for probation.
some help.
Recidivism vs. Reiteracion:
Band – quadrilla. a. Recidivism – requires a previous
conviction by final judgement.
Article 248 – nighttime is not a qualifying Reiteracion – requires service of
circumstance for murder. sentence.
b. Recidivism – the offenses are under the
Band vs. Aid of Armed Men: same title of the RPC.
a. Band – there must be at least four armed Reiteracion – it is not so required.
men. c. Recidivism – crimes must be felonies.
Aid of armed men – no required number Reiteracion – may be felonies and/or
of malefactors. offenses punishable by special laws
b. Band – members are all principals. because what matters is the penalty
Aid of armed men – those who aided the served.
principal offender are mere accomplices. d. Recidivism – there is no requirement as
c. Band absorbs aid of armed men. to penalty.
Reiteracion – the offender must have
Band vs. Organized Crime: served a penalty or penalties.
a. Band – four members who are armed.
Organized crime – requires only two Habitual delinquency – has its own penalty which
members who may or may not be armed. escalates with the increase in the number of
b. Band – there is no particular crime for convictions. Thus, the penalty is for the felony
which the band is organized. committed plus for the habitual delinquency the
Organized crime – group is for the total of which should not exceed 30 years.
purpose of committing crimes for gain
such as kidnapping for ransom. FRETSeL:
a. Falsification
Band as a generic aggravating and as qualifying b. Robbery
circumstance: c. Estafa
a. As a generic – applies to any crime. d. Theft
As a qualifying – applies only to robbery e. Serious or
with physical injuries. f. Less Serious Physical Injuries
b. Definition in both is the same.
An offender may be a recidivist and a habitual
On the occasion and by means of calamity delinquent at the same time if he was convicted
or misfortune for the third time of the crimes within the same
title.
Aggravating because instead of lending aid to the
victims, the offender adds to their sufferings. According to jurisprudence (People vs. Macbul),
the period from the first to second crime, and the
Recidivism, reiteracion, habitual period from the second to third crime, should be
delinquency, and quasi-recidivism – four both within the 10 year period.
forms of habituality.
It does not apply to violations of special penal
Final judgement means executory when the laws. For instance, a habitual drug violator can
following is present: never be a habitual delinquent.
a. When 15 days elapsed from its
promulgation without the convict Recidivism vs. Habitual Delinquent
appealing the conviction. a. Recidivism – a second conviction is
b. Offender started serving sentence. enough.

Habitual delinquent – a third conviction is In paragraph 7, the calamity or misfortune is
necessary. happening when the crime was committed. It is
b. Recidivism – requires that the crimes be aggravating in consideration of the time the
both under the same Title. criminal act was performed. In paragraph 12, the
Habitual delinquent – the crimes are misfortune is the artifice – the means used to the
specific which may not be within the crime intended. It is aggravating in consideration
same title. of the method chosen to accomplish the crime.
c. Recidivism – does not prescribe because
there is no time limit between the first Evident premeditation requisites:
and second convictions. a. The TIME when the offender determined
Habitual delinquent – prescribes if the 10 to commit the crime.
year period is not present. b. An ACT manifestly indicating that he has
d. Recidivism – generic aggravating which clung to his determination.
can be offset. c. Sufficient LAPSE of time between such
Habitual delinquent – special aggravating determination and execution to allow him
which cannot be offset. to reflect upon the consequences of his
e. Both involve felonies ONLY. act.
Quasi-recidivism – the offender has been Sufficient lapse of time – a period sufficient to
previously convicted by final judgement and arrive at a calm judgement, such that the criminal
before beginning to serve such sentence, or while act is preceded by cool thought and reflection.
serving the same, he committed felony. It shall
be punished by the maximum period of the Evident premeditation means the lapse of a
penalty prescribed by law for the new felony. period sufficient in a judicial sense to afford full
opportunity for meditation and reflection and
The first crime may be a felony or an offense but sufficient to allow the conscience of the actor to
the second must be a felony. overcome the resolution of his will.
It can be penalized in addition to habitual It can be appreciated in robbery with homicide

delinquency. The effect is to penalize the convict but the premeditation must relate to the killing
with the maximum period for the new felony and not to the robbery. For evident premeditation
because of quasi-recidivism plus the penalty for is inherent in robbery which necessarily requires
the original conviction plus the penalty for premeditation or planning.
habitual delinquency.
Not appreciated in cases of implied conspiracy.
Price, promise, or reward
The offended party can be someone the offender
In a crime, when there is a principal by did not personally know. Jurisprudence has
inducement and principal by direct participation, recognized evident premeditation in a case where
the circumstance is aggravating on the direct the offender determined to kill any random
participator who was moved to commit the crime person in a town he was about to enter and did
for profit. so.
Means of inundation, fire, poison, Not appreciated when the one killed is not the
explosion, stranding of a vessel or one intended to be killed.
intentional damage thereto, derailment of
a locomotive, and any other artifice Aberratio ictus in evident premeditation and
involving great waste or ruin treachery:
Evident premeditation – not aggravating.
The difference between Article 14(7) and Article Treachery – still aggravating.
14(12):
Craft, fraud, disguise

There cannot be treachery in estafa because
Craft – cunning or intellectual trickery resorted by treachery is a specific aggravating circumstance
the accused to carry out his evil design. to crimes against persons only. Estafa is a crime
against property.
Fraud – deceit manifested by insidious words or
machinations. Treachery is inherent in the crime of infanticide.
Disguise – resorted to conceal identity. If in spire Ignominy and cruelty

of the disguise, the offender was recognized,
such cannot be aggravating. Ignominy – the moral order which adds disgrace
to the material injury caused by the crime. It
Crime against persons – absorbed by treachery. produces more suffering on account of its
humiliating effects.
Craft – astucia.
Ignominy – refers to moral suffering (adding
Abuse of superior strength – is intentionally insult to the injury).
employing excessive force out of proportion to Cruelty – refers to physical suffering (adding salt
the means of defense available to the offended to the injury).
party. There must be a notorious inequality of
forces between the victim and the aggressor. Ignominy involves mental or moral pain while
cruelty involves physical pain. Cruelty is present
Employed to secure advantage. only when the victim is alive and feels the
physical pain, while ignominy can be present
Inherent in parricide and absorbed in rape. even if the victim is already dead, whenever the
acts causes humiliation to the victim.
Treachery (alevosia) must (a) insure that the
offended was not able to put up any defense, not There is cruelty when the culprit delights in
even toke defense; and (b) the means, manner, making his victim suffer slowly and gradually.
and form was consciously and deliberately Inflicted unnecessary wounds to prolong his
chosen. physical suffering. There must be a one
continuous series of acts or were so deliberately
May be appreciated even when the victim was spaced as to constitute either cruelty or outrage
warned of the danger to his person, for what is to the corpse.
decisive is that the execution of the attack made
it impossible for the victim to defend himself or Missy killed Georgie then left. After an hour, Missy
retaliate. returned, stripped the body of Georgie and
chopped the head off the cadaver. The crime is
If the victim is a young child, treachery is murder because the outraging or scoffing at the
appreciated even if the manner of the attack is corpse is a qualifying aggravating circumstance
not shown, due to the blatant inequality of that qualifies killing to murder.
strength.
In the complex crime of robbery with rape,
If there is treachery and nighttime, the treachery ignominy is not considered to be aggravating.
will absorb nighttime as it was a means used to
accomplish the crime with treachery. This will Jurisprudence upheld that raping a woman in a
apply provided that both are generic aggravating degrading position adds ignominy to the effects
circumstances. If one or both is qualifying of the crime.
aggravating circumstance/s, one will qualify the
crime and the other will be appreciated as generic Unlawful entry, breaking of door, etc.
aggravating.
Breaking a door to enter is not unlawful entry
since this is covered by paragraph 19, showing

that unlawful entry excludes ingress by means of Mitigating – crimes against property (Article 332
such breaking. which exempts the offender for theft, estafa and
malicious mischief).
Aid of minor, use of motor vehicle
Aggravating – crimes against chastity such as
Aid of minor is a special aggravating circumstance acts of lasciviousness.
under R.A. 9344.
Neither aggravating nor mitigating if relationship
In jurisprudence, the use of motor vehicles is now is an element of the crimes such as in:
appreciated as aggravating even if only used as a a. Parricide
means of escape. b. Qualified rape
Reason for use of motor vehicles as aggravating Father-daughter relationship in rape cases is a
circumstance – pose difficulty to the authorities special circumstance (R.A. 7659) hence,
in apprehending them. relationship as an alternative circumstance
should no longer be applied. Without R.A. 7659,
ARTICLE 15: Alternative circumstances are it would still be.
those which must be taken into
consideration as aggravating or mitigating Intoxication
according to the nature and effects of the
crime and the other conditions attending To avail this as a mitigating, it must be shown
its commission. They are the relationship, that:
intoxication, and the degree of instruction 1. Quantity of the alcohol taken sufficient to
and education of the offender. produce the effect of obfuscating reason.
2. Not habitual and intentional.
The alternative circumstance of
relationship shall be taken into High education could be aggravating but is never
consideration when the offended party is mitigating. Low education could be mitigating but
the spouse, ascendant, legitimate, natural, never aggravating.
or adopted brother or sister, or relative by
affinity in the same degrees of the In abortion, it is inherent.
offender.
ARTICLE 16: The following are criminally
The intoxication of the offender shall be liable for grave and less grave felonies:
taken into consideration as a mitigating 1. Principals.
circumstance when the offender has 2. Accomplices.
committed a felony in a state of 3. Accessories.
intoxication, if the same is not habitual or
subsequent to the plan to commit said Accessories not liable for light felonies because
felony; but when the intoxication is the law does not deal with trifles (de minimis non
habitual or intentional, it shall be curat lex).
considered as an aggravating
circumstance. The following are criminally liable for light
felonies:
Relationship 1. Principals.
2. Accomplices.
Stepparents and stepchildren are included
because they are relatives by affinity but not ARTICLE 17: The following are considered
stepbrothers/stepsisters because the law principals:
specified only legitimate, natural, or adopted. 1. Those who take a direct part in the
execution of the act;

2. Those who directly force or induce Requisites:
others to commit it; a. The participation of the accused in the
3. Those who cooperate in the criminal resolution.
commission of the offense by b. Performance by him of another act
another act without which it would indispensable to the accomplishment of
not have been accomplished. the crime.
Principals by direct participation – are those Applicable to conspiracy by implied conspiracy.

who materially execute the crime. They actually
perform acts necessary in the commission of the If A, B and C decided to kill D, who is the father
offense. of B, the crime of parricide can only apply to B.
Requisites: ARTICLE 18: Accomplices are the persons

1. Participated in the criminal resolution who, not being included in Article 17,
2. Carried out the plan and personally took cooperate in the execution of the offense
part in the execution by previous or simultaneous acts.
In conspiracy by prior agreement, the principal by Accomplices – are those who are not principals
direct participation who does not appear at the but cooperate in the execution of the offense by
crime scene is not liable. previous or simultaneous acts, and they are also
a. Non-appearance is deemed assistance. called accessories before the fact.
b. Conspiracy is generally not a crime unless
the law especially provides a penalty Unlike in principals, conspiracy is not a
therefor. By merely conspiring, he has requirement in accomplices.
not yet committed any crime unless he
would appear at the site of the crime and They know the criminal design and cooperate in
perform any act directly or indirectly in a manner which is not indispensable to the
the execution of the plan. common of the crime.
c. No basis for criminal liability as there is
no criminal participation. Principals plan. They tell the accomplice about
their plan. The accomplice concur.
Principal by inducement – the mastermind,
without him the crime would not be possible so Requisites:
even if he did not go to the actual site of the a. Knowledge of the criminal design
crime, he is still liable. b. Not a principal.
c. Cooperate by previous or simultaneous
His command should be obeyed by either: acts.
1. Command (precepto)
a. Irresistible force Principal by Inducement vs. Accomplice
b. Uncontrollable fear a. First – cooperation is indispensable.
2. Consideration (pacto) Second – cooperation is not
a. Price indispensable.
b. Reward b. First – has a part in planning.
c. Promise Second – only concurs with the plan.
ARTICLE 19: Accessories are those who,

Principal by indispensable cooperation – having knowledge of the commission of the
one must directly participate in the criminal crime, and without having participated
design by another act of such importance that the therein, either as principals or accomplices,
crime would not have been committed without take part subsequent to its commission in
him. any of the following manners:

1. By profiting themselves or assisting spouses, ascendants, descendants,
the offender to profit by the effects legitimate, natural, and adopted brothers
of the crime; and sisters, or relatives by affinity within
2. By concealing or destroying the the same degrees, with the single
body of the crime, or the effects or exception of accessories falling within the
instruments thereof, in order to provisions of paragraph 1 of the next
prevent its discovery; preceding article.
3. By harboring, concealing, or
assisting in the escape of the Article 21
principal of the crime, provided the
accessory acts with abuse of his Nullum crimen nulla poena sine lege.
public functions or whenever the
author of the crime is guilty of Article 22
treason, parricide, murder, or an
attempt to take the life of the Chief Retroactive application of penal laws.
Executive, or is known to be
habitually guilty of some other May be applied to special laws, pursuant to Article
crime. 10.
Accessories – called accessory after the fact. Article 23: A pardon by the offended party
does not extinguish criminal action except
Have knowledge of the commission of the crime, as provided in Article 344 of this Code; but
and did not participate in such commission. civil liabilities with regard to the interest of
the injured party is extinguished by his
Accomplice vs. Accessory express waiver.
a. Accomplice – participates before or
during the commission of the offense. Article 36: A pardon shall not work the
Accessory – subsequent thereto. restoration of the right to hold public office,
b. Accomplice – knows the criminal design. or the right of suffrage, unless such rights
Accessory – knows the commission of the be expressly restored by the terms of the
crime. pardon.
c. Accomplice – no exemption from liability.
Accessory – some are exempted under A pardon shall in no case exempt the culprit
Article 20. from the payment of the civil indemnity
d. Accomplice – liable for light felonies. imposed upon him by the sentence.
Accessory – not liable for light felonies.
Article 29: Deduction of preventive
Corpus delicti – is the body or substance of the imprisonment
crime. It is a compound fact made up of two
things: Preventive imprisonment is applicable if the
1. Criminal event offense is not bailable. Bail does not apply to
2. Criminal agency causing the first offenses punishable by reclusion perpetua if
evidence of guilt is strong.
P.D. 1829 – Obstruction of Justice – those who
assist the principal to escape may be prosecuted Full credit for detention shall be granted if the
not as accessory but as a principal provided that detention prisoner agrees in writing to abide by
a separate information is prepared for the same disciplinary rules imposed on convicts
obstruction. unless:
a. They are recidivists or convicted
ARTICLE 20: The penalties prescribed for previously twice or more of any crime.
accessories shall not be imposed upon
those who are such with respect to their

b. When upon being summoned for the Second – penalty specifically applicable
execution of their sentence, they failed to to grave and light threat only.
surrender voluntarily. b. First – failure to post will make him suffer
detention.
Credit shall be 4/5 of the stay in detention when Second – failure to post will make him
does not agree to be treated similarly as suffer detention.
convicted prisoners.
Disqualification – both principal (when prescribed
If one is accused of destierro and detained for 30, in Book II as penalty for particular crime) and an
he shall be released. accessory penalty (when the principal penalty to
which it is attached is imposed).
Severity of penalty is measured not by the
duration but by the degree of deprivation of ARTICLE 27: Duration of penalties
liberty.
Reclusion perpetua – 20 years and 1 day to 40
Computation of preventive imprisonment: years.
Actual period of detention + good conduct time Reclusion temporal – 12 years 1 day to 20
allowance = total period of preventive years.
imprisonment. Prision mayor and temporary
disqualification – 6 years and 1 day to 12 years
Article 25: Classification of penalties except when the penalty of disqualification is
imposed as an accessory penalty.
Principal penalties – those specified for specific Prision correcional, suspension, and
felonies in Book II. Must be imposed expressly destierro – 6 months and 1 day to 6 years
by the court in the decision. except when suspension is imposed as an
accessory penalty.
Accessory penalties – those which follow the Arresto mayor – 1 month and 1 day to 6
principal penalties by operation of law. Deemed months.
imposed together with the principal penalty. Arresto menor – 1 day to 30 days.
Need not be expressly stated in the decision. Bond to keep peace – the court determines.
Life Imprisonment vs. Reclusion Perpetua ARTICLE 34: Civil interdiction shall deprive
the offender during the time of his
Life Imprisonment Reclusion sentence of the rights of parental authority,
Perpetua or guardianship, either as to the person or
Under special For violation of property of any ward, of marital authority,
laws. the RPC. of the right to manage his property, and of
Has no fixed With fixed the right to dispose of such property by any
duration. duration. act or any conveyance inter vivos.
Without accessory Has accessory
penalties. penalties. A civilly interdicted convict cannot appoint an
agent for the act of the agent is the act of the
Although reclusion perpetua has a definite term it principal. What cannot be done directly, cannot
remains indivisible. be done indirectly.
Bond to keep peace – a principal penalty but The convict may execute a last will of testament
unenforceable because there is no crime in Book because it will dispose his property not upon
II for which it can be enforced. making the will but upon death.
Bond to keep peace vs. Bond for good behavior ARTICLE 38: Pecuniary Liabilities
a. First – principal penalty, not prescribed
for any felony.

Are those owing to the offended party for When the means of culprit improve, he is still
reparation of the damage caused and liable to pay notwithstanding service of subsidiary
indemnification of consequential damages and penalty.
those owing to the government in the form of fine
and costs of proceedings. ARTICLE 48: Complex Crimes
To be settled in this order: Compound crime (delito compuesto) – when a

1. Reparation single act constitutes two or more grave or less
2. Indemnification grave felonies.
3. Fine
4. Costs Complex crime (delito compelejo) – when an
If means are not enough to settle them all (like offense is a necessary means for committing the
installment ganern). other. A single act results to two or more grave
or less grave felonies.
Article 39: Subsidiary Penalty
Penalty is for the most serious crime in its
Takes the place of the fine imposed on insolvent maximum period.
convicts. It is a substitute penalty for fine.
Composite or special complex crime – are treated
Computation: as single indivisible offenses although comprising
two specific crimes and with one specific penalty.
Purely fine Subsidiary Penalty Characteristics:
Grave and less grave Not exceed 6 months a. Offends against only one provision of
felonies law, whether of the RPC or of special
Light felony Not more than 15 penal laws.
days b. Penalizes two specific crimes and
imposes one specific penalty.
Fine and imprisonment – should not be higher c. Absorbs all other crimes committed in the
than prision correccional or 6 years for violation course of the commission of the crimes.
of special laws, the subsidiary penalty should be Examples:
among the following: a. Article 267 – kidnapping with homicide,
a. 1/3 of the principal penalty (prison term with rape, with serious physical injuries.
divided by 3) b. Article 294 – robbery with homicide, with
b. Fine divided by the highest prevailing rape, with mutilation, with arson, with
minimum wage at the time of conviction serious physical injuries.
c. 1 year c. Article 297 – attempted robbery with
homicide.
Subsidiary penalty not applicable when: d. Article 320 – arson with homicide (death
a. Higher than prision correccional or 6 resulted from arson).
years and 1 day.
b. Other than prison sentence which is not Composite vs. Complex
of fixed duration.
c. Subsidiary penalty not expressly stated in Composite Complex
the sentence to take the place of fine in Fixed by law. Combination of the
case of insolvency. offenses is not
d. The sentence imposed does not include specified but in
fine. general terms, that
e. Convict is not insolvent. is, grave and/or less
grave; or one offense
Also imposable in special laws. being necessary
means to commit the
other.

Only one provision of Two provisions are Accessory Less 3 Less 4
law is violated. violated. degrees degrees
Penalty is specified. Penalty is for the
serious crime. ARTICLE 61: Rules for graduating penalties
All other felonies of Light felony resulting
whatever severity from the same act is Single and indivisible penalty – next lower in
and count are not absorbed. degree.
absorbed. Example: reclusion perpetua – reclusion temporal
There is a special No complex crime of
complex crime with offense. Two indivisible penalties – the next lower is that
special laws i.e. immediately following the minimum.
carnapping with Example: reclusion temporal to reclusion
homicide or rape. perpetua – prision mayor
Continuous or continued crime (delito One or more divisible penalty in their full extent
continuado) – offender is impelled by a single – the next lower shall be that immediately
criminal impulse but committed a series of overt following the lesser.
acts at about the same time in about the same Example: prision mayor to reclusion temporal –
place and all overt acts violate one and the same prision correccional
provision of law. Applied in special laws.
One or more indivisible plus divisible in its
Single larceny doctrine (taking of several things, maximum – medium and minimum periods of
whether belonging to the same or different that divisible penalty and the maximum period of
owners, at the same time and place constitutes that immediately following.
but one larceny) replaced separate larceny Example: reclusion temporal in its maximum to
doctrine. reclusion perpetua – prision mayor in its
minimum to reclusion temporal in its medium
Continuing or transitory crime – where any of the
elements of the offense were committed in Several periods different divisible penalties
different places. Example: prision mayor in its medium to reclusion
temporal in its minimum – prision correccional in
ARTICLE 49: Error in personae its medium to prision mayor in its minimum.
Penalty for the lesser crime in its maximum ARTICLE 63: Rules for application of
period. indivisible penalties
ARTICLE 50-57: Penalty for attempted and Two classes of penalties here:
frustrated felonies on the accomplices and a. Single indivisible penalty – reclusion
accessories perpetua or death.
b. Two indivisible penalties – reclusion
Cosummated perpetua to death.
Principal As provided
Accomplice Less 1 degree Modifying circumstances are not considered
Accessory Les 2 degrees because there are no periods.
Frustrated Attempted ISLAW does not apply here, there is no minimum

and maximum.
Principal Less 1 Less 2
degree degrees
ARTICLE 64: Rules for application of
Accomplice Less 2 Less 3 divisible penalty
degrees degrees

Modifying Proper Period SCALE NO. 1
Circumstance 1. Death
No aggravating and no Medium 2. Reclusion perpetua
mitigating 3. Reclusion temporal
Mitigating only Minimum 4. Prision mayor
Aggravating only Maximum 5. Prision correccional
Both present Offset and apply 6. Arresto mayor
the foregoing 7. Destierro
Two mitigating and no One degree lower 8. Arresto menor
aggravating 9. Public censure
Mitigating circumstances are always considered 10. Fine
first before applying the above rules.
SCALE NO. 2
Courts cannot: 1. Perpetual absolute disqualification
a. Lower penalty by degree when there is 2. Temporary absolute disqualification
an aggravating even if the net effect of 3. Suspension from public office, the right
the offsetting is two or more mitigating. to vote and be voted for, the right to
b. Impose greater penalty than that follow a profession or calling
prescribed by law no matter how many 4. Public censure
aggravating are present. 5. Fine
Does not apply to quasi-offenses. Article 75: Increasing or reducing fine
ARTICLE 70: Successive service of Factors to consider in the imposition of fines:

sentences a. Presence of modifying circumstances.
b. Wealth or means of the culprit.
Simultaneous service is the rule.
Successive service is the exception. For each degree reduced, ¼ of the maximum
amount of the penalty is taken.
The penalty is to be served in the order
prescribed observing these limitations: INDETERMINATE SENTENCE LAW
a. Three-fold rule
b. Shall not exceed 40 years A minimum period (for purposes or parole) and
maximum period is mandatory.
Severity:
1. Death The maximum period is determined by
2. Reclusion perpetua considering the presence of modifying
3. Reclusion temporal circumstances applying the rules in Article 64.
4. Prision mayor Privileged mitigating must first be considered
5. Prision correccional before applying the said rules.
6. Arresto mayor
7. Arresto menor The minimum shall be taken from any period of
8. Destierro the penalty next lower in degree. The penalty
9. Perpetual absolute disqualification next lower should be based on the penalty
10. Temporary absolute disqualification prescribed for the offense, without first
11. Suspension from public office, the right considering any modifying circumstance
to vote and be voted for, the right to attendant to the commission of the crime.
follow a profession or calling
12. Public censure Modifying circumstances are considered only in
the imposition of the maximum term of the
ARTICLE 71: Graduated scales indeterminate sentence.

Shall not be applicable: g. Will not serve the ends of justice or the
a. Indivisible penalties of death and life best interest of the society and the
imprisonment, and reclusion perpetua on offender.
the basis of Article 63. h. Those convicted of drug trafficking.
b. Prison terms one year or less. i. Those convicted under Omnibus Election
c. Crimes of treason, proposal or conspiracy Law.
to commit treason, misprision of treason, j. Those convicted under Torture Law.
rebellion, espionage, sedition, piracy k. Money laundering transaction.
d. Habitual delinquents, escapees from
confinement, evaders of sentence, Rule on availing appeal is not absolute:
violators of conditional pardon When the accused appealed for the correction of
e. Non-prison sentences of destierro, a sentence rendered to him (non-probational
disqualification, fine penalty) and then the court afterwards rendered
him a probational penalty.
Parole vs. Pardon:
a. Parole – minimum sentences must be When multiple crimes are committed, they will
served. not be totaled but rather, the maximum penalty
Pardon – service is not required. among those crimes, as long as it did not exceed
b. Parole – benefit granted by law, 6 years, the offender may still apply for
specifically the ISLAW. probation.
Pardon – is an exercise of executive
clemency under the Constitution. When minors are sentenced, they may apply for
probation at any time.
PROBATION – is a special privilege granted by
the State to qualified offenders. It is not a penal Period of probation:
statute, but a privilege. This is exercised mainly
for the benefit of the society as a whole and only Period of Duration of
incidentally for the benefit of the accused. Imprisonment Probation
Not more than 1 Not exceeding 2
It is not a sentence but rather a suspension of the year. years.
imposition of sentence. It is not a final judgement 1 to 6 years. Not exceeding 6
but is rather an interlocutory judgement. years.
Computed under Twice the period
What should be taken into account: Article 39 (subsidiary computed.
1. Welfare of the society. penalty).
2. Modifying circumstances
Probation vs. ISLAW
Shall not be applicable:
a. Sentenced penalty is 6 years and above. Probation ISLAW
b. Convicted of subversion or any crime Sentence Must not be The
against national security or the public more than 6 maximum
officer. years penalty must
c. Previously convicted by final judgement be more than
punished by imprisonment of 1 month 1 year
and 1 day or over and a fine of 200 pesos Penalty Imprisonment Imprisonment
or more. or fine only
d. Who have been once on probation. Disposition Sentence is Minimum is
e. Serving sentence when the law took suspended served
effect. Violation Entire Unexpired
f. Who have perfected an appeal. sentence portion is to
In addition: shall be be served
served

Appeal Forecloses No effect on finally filed in court, the State is regarded as the
right thereto operation of primary offended party and the complainant, a
the law complaining witness.
Available Only once Always as
long as the In the crime of rape, the pardon may now be
offender is anytime.
not
disqualified ARTICLE 89: Criminal liability is totally
Character Privilege; Mandatory; extinguished:
must be application 1. By the death of the convict, as to the
applied for not necessary personal penalties; and as to
pecuniary penalties, liability
Amnesty vs. Absolute Pardon therefore is extinguished only when
the death of the offender occurs
Amnesty Pardon before final judgement;
Application Generally to Generally to 2. By service of the sentence;
political ordinary 3. By amnesty, which completely
crimes and crimes and extinguishes the penalty and all its
offenders offenders effects;
Effect on Obliterates Relieves the 4. By absolute pardon;
convict the effects of offender of 5. By prescription of the crime;
conviction as penalty but 6. By prescription of the penalty;
if the act the effects of 7. By the marriage of the offended
were not conviction woman, as provided in Article 344 of
criminal stay this Code.
Congress Concurrence Concurrence
required not needed Prescription of crime vs. Prescription of penalty
When given Even before After final
conviction conviction Of crime Of penalty
To whom Usually to a To a specific Subject Prosecution Enforcement
given class of individual of offender of sentence
persons Trial Not yet Completed
Nature Public act of Private act of started
the President the President Arrest and Offender may He was
Evidentiary Mandatory No judicial detention not have detained and
value judicial notice notice, must been escaped
be pleaded arrested or
and proved detained
Conviction None yet Final and
A judgement of conviction becomes final when: executory
a. No appeal is seasonably perfected. Condition Discovery of Evasion of
b. Accused commences to serve the precedent crime sentence
sentence.
c. The right to appeal is expressly waived in ARTICLE 91: The period of prescription
writing. shall commence to run from the day on
d. The accused applies for probation, which the crime is discovered by the
thereby waiving his right to appeal. offended party, the authorities, or their
Pardon of the offended vs. Pardon of the Chief agents, and shall be interrupted by the
Executive filing of the complaint or information, and
Executive pardon is granted after final conviction; shall commence to run again when such
pardon by the offended must be granted before proceedings terminate without the accused
institution of the action because when the vase is being convicted or acquitted, or are

unjustifiably stopped fir any reason not a. Accused did not commit the acts imputed
imputable to him. to him;
b. He was not guilty of criminal or civil
The term of prescription shall not run when negligence.
the offender is absent from the Philippine Acquittal will not bar a civil action where:
Archipelago. a. Acquittal is based on reasonable doubt as
only a preponderance of evidence is
ARTICLE 93: The period of prescription of required in civil cases;
penalties shall commence to run from the b. The court declared that accused’s liability
date when the culprit should evade the is not criminal but only civil in nature;
service of his sentence, and it shall be c. The civil liability does not arise from or is
interrupted if the defendant should give not based upon the criminal act of which
himself up, be captured, should go to some the accused was acquitted.
foreign country with which this
Government has no extradition treaty, or Acquittal of the accused, even if based on a
should commit another crime before the finding that he is not guilty, does not carry with it
expiration of the period of prescription. the execution of the civil liability based on quasi-
delict. A separate civil action is filed.
ARTICLE 94: Criminal liability is
extinguished partially: What is included in civil liability:
1. By conditional pardon; a. Restitution or reparation of damage
2. By commutation of the sentence; caused;
and b. Indemnification.
3. For good conduct allowance which Restitution – the return of thing itself whenever
the culprit may earn while he is possible. Otherwise, reparation shall be made.
undergoing preventive Reparation shall only be made if restitution is not
imprisonment or serving his possible.
sentence. Indemnification – shall include not only those
caused the injured party, but also those suffered
Conditional pardon can be extended to the by his family or by a third person by reason of the
convict in three ways: crime.
a. ISLAW
b. Grant of probation Under Article 101, the civil liability of an insane,
c. Through executive clemency imbecile, and minor is upon those who has
control or authority upon them.
When violated, the accused may be rearrested.
In case of irresistible force or uncontrollable fear,
When the penalty remitted is exactly 6 years or primary liability on those who employed the force
below, there will be an additional penalty; 6 years or caused the fear; secondary liability on the
and 1 day or over, the remaining sentence shall actor.
be served without additional penalty for the
evasion. Temperate damages – is allowed if it is shown
that a party suffered some pecuniary loss but the
ARTICLE 100-113 : Civil Liability amount cannot, from the nature of the case, be
approved with certainty.
Acquittal of the accused does not automatically
extinguish his civil liability for the quantum of Indemnity for loss of earning capacity – an
proof in criminal prosecutions is different from amount to be fixed according to the
that in the civil. circumstances of the deceased related to his
Acquittal shall bar the civil action arising from actual income at the time of death and his
crime where the judgement of acquittal holds probable life expectancy, unless the deceased
that: had no earning capacity at said time on account

of permanent disability not caused by the b. The crime was committed by the accused
accused. during the performance of his assigned
Not the full amount of the deceased earnings, but task.
the support they received or would have received c. The employer is engaged in an industry.
from him had he not died. d. The accused was convicted and civil
An aggravating circumstance, whether ordinary liability goes with the conviction (if the
or qualifying, should entitle the offended party to employee died and hence could not be
an award of exemplary damages. sued, the action must be pursued under
the NCC).
Article 345 – persons guilty of rape, seduction, or e. Judgement was final and executory but
abduction, shall be sentenced to: the writ of execution was returned
a. Indemnify the offended woman. unsatisfied because the accused has no
b. Acknowledge the offspring, unless he is property. The offended should then file a
prevented by law to do so (disallowed if motion for the issuance of a subsidiary
the offender is a married man, with only writ of execution with notice to the
support for the offspring as part of the employer so that the latter may be heard
sentence. thereon.
c. Support the offspring.
Under Article 102 in relation to Article 103, the
The basis of subsidiary liability is the employer- employer’s liability for the criminal negligence of
employee relationship. The former’s liability for his employee I subsidiary in nature and is limited
the latter is absolute as long as the following are only to civil indemnity. Thus, an employer is party
present: to a criminal case for the criminal negligence of
a. Employer-employee relationship is his employee by reason of his subsidiary civil
established. liability.
2018 BAR EXAMINATIONS

CRIMINAL LAW
Note: Mahilig si Atty. Adi sa bar exam questions so baka naman humugot siya dito kahit isa lang
HAHAHAHAHA Also, will leave spaces for you guys to be able to answer the questions.
Roberto and Ricardo have had a long-standing dispute regarding conflicting claims over the ownership of
a parcel of land. One night, Roberto was so enraged that he decided to kill Ricardo. Roberto asked his best
friend, Rafael, to lend him a gun and drive him to Ricardo's house. Rafael knew about Roberto's plan to kill
Ricardo, but agreed to lend him a gun nevertheless. Rafael also drove Roberto to the street corner nearest
the house of Ricardo. Rafael waited for him there, until the task had been accomplished, so that he could
drive Roberto to the next town to evade arrest. Roberto also asked another friend, Ruel, to stand guard
outside Ricardo's house, for the purpose of warning him in case there was any danger or possible witnesses,
and to keep other persons away from the vicinity. All three - Roberto, Rafael and Ruel - agreed to the plan
and their respective roles.
On the agreed date, Rafael drove Roberto and Ruel to the nearest corner near Ricardo's house. Roberto
and Ruel walked about 50 meters where Ruel took his post as guard, and Roberto walked about five (5)
meters more, aimed the gun at Ricardo's bedroom, and peppered it with bullets. When he thought that he
had accomplished his plan, Roberto ran away, followed by Ruel, and together they rode in Rafael's car
where they drove to the next town to spend the night there. It turned out that Ricardo was out of town
when the incident happened, and no one was in his room at the time it was peppered with bullets. Thus,
no one was killed or injured during the incident.

(a) Was a crime committed? If yes, what is/are the crime/s committed (2.5%); and
(b) If a crime was committed, what is the degree of participation of Roberto, Rafael, and Ruel? (2.5%)
II
Rico, a hit man, positioned himself at the rooftop of a nearby building of a bank, to serve as a lookout for
Red and Rod while the two were robbing the bank, as the three of them had previously planned. Ramiro,
a policeman, responded to the reported robbery. Rico saw Ramiro and, to eliminate the danger of Red and
Rod being caught, pulled the trigger of his rifle, intending to kill Ramiro. He missed as Ramiro slipped and
fell down to the ground. Instead, a woman depositor who was coming out of the bank was fatally shot.
After their apprehension, Rico, Red, and Rod were charged with the special complex crime of robbery with
homicide. Rico's defense was that he never intended to shoot and kill the woman, only Ramiro. Red and
Rod's defense was that they were not responsible for the death of the woman as they had no participation
therein.
(a) Is Rico's defense meritorious? (2.5%)
(b) Is Red and Rod's defense meritorious? (2.5%)

III
On February 5, 2017, Rho Rio Fraternity held initiation rites. Present were: (i) Redmont, the Lord Chancellor
and head of the fraternity; (ii) ten (10) members, one (1) of whom was Ric, and (iii) five (5) neophytes,
one (1) of whom was Ronald. Absent were: (i) Rollie, the fraternity's Vice Chancellor and who actually
planned the initiation; and (ii) Ronnie, the owner of the house where the initiation was conducted.
Due to the severe beating suffered by Ronald on that occasion, he lost consciousness and was brought to
the nearest hospital by Redmont and Ric. However, Ronald was declared dead on arrival at the hospital.
During the investigation of the case, it was found out that, although Ronald really wanted to join the
fraternity because his father is also a member of the same fraternity, it was his best friend Ric who
ultimately convinced him to join the fraternity and, as a prerequisite thereto, undergo initiation. It was also
shown that Redmont and Ric did not actually participate in the beating of the neophytes (hazing). The two
(2) either merely watched the hazing or helped in preparing food. And, lastly, two (2) days prior thereto,
Ronnie texted Rollie that the fraternity may use his house as the venue for the planned initiation.
Aside from those who actually participated in the hazing, Redmont, Rollie, Ric, and Ronnie were criminally
charged for the hazing of Ronald that resulted in the latter's death.
(a) Are the four criminally liable? (2.5%)

(b) Can all those criminally charged be exonerated upon proof that Ronald, knowing the risks, voluntarily
submitted himself to the initiation? Will the absence of proof that the accused intended to kill the victim
affect their liability? (2.5%)
IV
On the way home from work, Rica lost her necklace to a snatcher. A week later, she saw what looked like
her necklace on display in a jewelry store in Raon. Believing that the necklace on display was the same
necklace snatched from her the week before, she surreptitiously took the necklace without the knowledge
and consent of the store owner. Later, the loss of the necklace was discovered, and Rica was shown on
the CCTV camera of the store as the culprit. Accordingly, Rica was charged with theft of the necklace. Rica
raised the defense that she could not be guilty as charged because she was the owner of the necklace and
that the element of intent to gain was lacking.
What should be the verdict if:
(a) The necklace is proven to be owned by Rica? (2.5%)
(b) It is proven that the store acquired the necklace from another person who was the real owner of the
necklace? (2.5%)

V
With a promise of reward, Robert asked Romy to bring him a young girl that he (Robert) can have carnal
knowledge with. Romy agreed, seized an eight-year old girl and brought her to Robert. After receiving his
reward, Romy left while Robert proceeded to have carnal knowledge with the girl.
(a) For what felony may Robert and Romy be charged? (2.5%)
(b) Will your answer in (a) be the same if the victim is a 15-year old lass who was enticed, through cunning
and deceit of Romy, to voluntarily go to the house of Robert where the latter subsequently had carnal
knowledge with her? (2.5%)

VI
A group of homeless and destitute persons invaded and occupied the houses built by the National Housing
Authority (NHA) for certain military personnel. To gain entry to the houses, the group intimidated the
security guards posted at the entrance gate with the firearms they were carrying and destroyed the
padlocks of the doors of the houses with the use of crowbars and hammers. They claimed that they would
occupy the houses and live therein because the houses were idle and they were entitled to free housing
from the government.
For the reason that the houses were already awarded to military personnel who have been found to have
fully complied with the requirements for the award thereof, NHA demanded the group to vacate within ten
(10) days from notice the houses they occupied and were still occupying. Despite the lapse of the deadline,
the group refused to vacate the houses in question.
What is the criminal liability of the members of the group, if any, for their actions? (5%)

VII
Robbie and Rannie are both inmates of the National Penitentiary, serving the maximum penalty for robbery
which they committed some years before and for which they have been sentenced by final judgment. One
day, Robbie tried to collect money owed by Rannie. Rannie insisted that he did not owe Robbie anything,
and after a shouting episode, Rannie kicked Robbie in the stomach. Robbie fell to the ground in pain, and
Rannie left him to go to the toilet to relieve himself. As Rannie was opening the door to the toilet and with
his back turned against Robbie, Robbie stabbed him in the back with a bladed weapon that he had
concealed in his waist. Hurt, Rannie ran to the nearest "kubol" where he fell. Robbie ran after him· and,
while Rannie was lying on the ground, Robbie continued to stab him, inflicting a total of 15 stab wounds.
He died on the spot. Robbie immediately surrendered to the Chief Warden. When prosecuted for the murder
of Rannie, Robbie raised provocation and voluntary surrender as mitigating circumstances. The prosecution,
on the other hand, claimed that there was treachery in the commission of the crime.
(a) Is Robbie a recidivist, or a quasi-recidivist? (2.5%)
(b) Can the mitigating circumstances raised by Robbie, if proven, lower the penalty for the crime
committed? (2.5%)

VIII
Randy was prosecuted for forcible abduction attended by the aggravating circumstance of recidivism. After
trial, the court held that the prosecutor was able to prove the charge. Nonetheless, it appreciated in favor
of Randy, on the basis of the defense's evidence, the mitigating circumstances of voluntary surrender,
uncontrollable fear, and provocation. Under Art. 342 of the Revised Penal Code (RPC), the penalty for
forcible abduction is reclusion temporal.
Applying the Indeterminate Sentence Law, what penalty should be imposed on Randy? (5%)

IX
Rashid asked Rene to lend him PhP50,000, payable in six (6) months and, as payment for the loan, Rashid
issued a postdated check for the said amount plus the agreed interest. Rashid assured Rene that the
account would have sufficient funds on maturity date. On that date, Rene presented the check to the
drawee bank for payment but it was dishonored for the reason that it was drawn against insufficient funds
(DAIF).
Rene sent Rashid a timely notice of dishonor of the check and demanded the latter to make good the same
within five (5) days from notice. After the lapse of the five (5)-day notice, Rene redeposited the check with
the drawee bank but it was again dishonored for the same reason, i.e., DAIF. Rene thereafter filed two (2)
separate criminal actions against Rashid: (1) Estafa under Art. 315(2)(d) of the RPC, as amended by R.A.
No. 4885, i.e, estafa committed by postdating a check, or issuing a check in payment of an obligation
without sufficient funds in the bank; and (2) Violation of B.P. 22 or the Bouncing Checks Law.
(a) Can he be held liable under both actions? (2.5%)
(b) If the check is presented for payment after four (4) months, but before it becomes stale, can the two
actions still proceed? (2.5%)

X
Rafa caught his wife, Rachel, in the act of having sexual intercourse with Rocco in the maid's room of their
own house. Rafa shot both lovers in the chest, but they survived. Rafa charged Rachel and Rocco with
adultery, while Rachel and Rocco charged Rafa with frustrated parricide and frustrated homicide.
In the adultery case, Rachel and Rocco raised the defense that Rafa and Rachel, prior to the incident in
question, executed a notarized document whereby they agreed to live separately and allowed each of them
to get a new partner and live with anyone of their choice as husband and wife. This document was executed
after Rachel discovered that Rafa was cohabiting with another woman. Thus, they also raised the defense
of in pari delicto. In the frustrated parricide and frustrated homicide cases, Rafa raised the defense that,
having caught them in flagrante delicto, he has no criminal liability.
Assuming that all defenses have been proven:
(a) Will the action for adultery prosper? (2.5%)
(b) Will the actions for frustrated parricide and frustrated homicide prosper? (2.5%)

XI
Wielding loose firearms, Rene and Roan held up a bank. After taking the bank's money, the robbers ran
towards their getaway car, pursued by the bank security guards. As the security guards were closing in on
the robbers, the two fired their firearms at the pursuing security guards. As a result, one of the security
guards was hit on the head causing his immediate death.
For the taking of the bank's money and killing of the security guard with the use of loose firearms, the
robbers were charged in court in two separate informations, one for robbery with homicide attended by
the aggravating circumstance of use of loose firearms, and the other for illegal possession of firearms.
Are the indictments correct? (5%)
XII

Orphaned when still an infant, Rocky lived under the care of his grandmother Rosario. Now 18, Rocky
entered Rosario's bedroom who was then outside doing her daily marketing. He ransacked the bedroom
and took Rosario's money and valuables amounting to PhP100,000.
When Rosario came home, she found her room in disarray, and her money and valuables gone. She
confronted Rocky, who confessed to taking the money and valuables in order to pay his debts.
(a) What crime, if any, did Rocky commit? (2.5%)
(b) Does he incur criminal and/or civil liability? (2.5%)
XIII
The brothers Roberto and Ricardo Ratute, both Filipino citizens, led a group of armed men in seizing a
southern island in the Philippines, and declaring war against the duly constituted government of the
country. The Armed Forces of the Philippines (AFP), led by its Chief of Staff, General Riturban, responded
and a full scale war ensued between the AFP and the armed men led by the brothers. The armed conflict
raged for months.
When the brothers-led armed men were running out of supplies, Ricalde, also a Filipino, and a good friend
and supporter of the Ratute brothers, was tasked to leave for abroad in order to solicit arms and funding

for the cash-strapped brothers. He was able to travel to Rwanda, and there he met with Riboli, a citizen
and resident of Rwanda, who agreed to help the brothers by raising funds internationally, and to send them
to the Ratute brothers in order to aid them in their armed struggle against the Philippine government.
Before Ricalde and Riboli could complete their fund-raising activities for the brothers, the AFP was able to
reclaim- the island and defeat the Ratute-led uprising.
Ricalde and Riboli were charged with conspiracy to commit treason. During the hearing of the two cases,
the government only presented as witness, General Riturban, who testified on the activities of the Ratute
brothers, Ricalde, and Riboli.
(a) Can Ricalde and Riboli be convicted of the crime of conspiracy to commit treason? (2.5%)
(b) Will the testimony of General Riturban, assuming he can testify on acts within his personal knowledge,
be sufficient to convict the Ratute brothers, Ricalde, and Riboli? (2.5%)
XIV
Robin and Rowell are best friends and have been classmates since grade school. When the boys graduated
from high school, their parents gifted them with a trip to Amsterdam, all expenses paid. At age 16, this
was their first European trip. Thrilled with a sense of freedom, they decided to try what Amsterdam was
known for. One night, they scampered out of their hotel room, went to the De Wallen, better known as the

Red-light District of Amsterdam. There, they went to a "coffee shop" which sells only drinks and various
items made from opium poppy, cannabis, and marijuana, all of which are legal in Amsterdam. They
represented themselves to be of age, and were served, and took shots of, cannabis and marijuana products.
They indulged in these products the whole night, even if it was their first time to try them.
Before returning to Manila, they bought a dozen lollipops laced with cannabis, as souvenir and "pasalubong"
for their friends. They were accosted at the Manila International Airport and were charged with importation
of dangerous drugs under the Comprehensive Dangerous Drugs Act of 2002. They were also charged with
use of dangerous drugs after pictures of them in the "coffee shop" in Amsterdam were posted on Facebook,
showing them smoking and taking shots of a whole menu of cannabis and marijuana products. Their own
captions on their Facebook posts clearly admitted that they were using the dangerous products. The
pictures were posted by them through Private Messenger (PM) only for their close friends, but Roccino, the
older brother of one of their best friends, was able to get hold of his younger brother's password, and
without authority from his brother, accessed his PM and shared Robin and Rowell's Amsterdam photos on
Facebook.
(a) Can Robin and Rowell be prosecuted for use of dangerous drugs for their one-night use of these
products in Amsterdam? (2.5%)
(b) Can they be prosecuted for importation of dangerous drugs? (2.5%)
(c) If found liable under either (a) or (b) above, what is the penalty that may be imposed on them? (2.5%)
(d) Can Roccino be prosecuted for the act of accessing and sharing on Facebook the private pictures sent
by PM to his brother? If yes, for what crime? (2.5%)

XV
During the presentation of the prosecution's evidence, Reichter was called to the witness stand with the
stated purpose that he would testify that his wife Rima had shot him in the stomach with a .38 caliber
pistol, resulting in near fatal injuries. Upon objection of the defense on the ground of the marital
disqualification rule, the presiding judge (Judge Rossano) disallowed Reichter from testifying in the case.
Its motion for reconsideration having been denied, the People of the Philippines went up on certiorari to
the Court of Appeals (CA) questioning Judge Rossano's ruling.
After due proceedings, the CA rendered judgment declaring Judge Rossano's ruling void ab initio for having
been made with grave abuse of discretion amounting to lack or excess of jurisdiction, and directing Judge
Rossano to allow Reichter to testify in the criminal case for the stated purpose. This is based on the fact
that the marital privilege rule does not apply where a spouse committed the crime against the other.
As the CA decision became final and executory, the criminal case before the RTC was calendared for trial.
At the scheduled trial, the prosecution called Reichter to the witness stand in order to testify on the same
matter it earlier announced. The defense objected on the ground that the CA erred in its disposition of the
certiorari case. Judge Rossano sustained the objection and again disallowed Reichter from testifying in the
criminal case. Repeated pleas from the prosecution for Judge Rossano to reconsider his ruling and to allow
Reichter to testify fell on deaf ears.
May Judge Rossano be convicted of a crime? If yes, what crime did he commit? (5%)

XVI
For the past five years, Ruben and Rorie had been living together as husband and wife without the benefit
of marriage. Initially, they had a happy relationship which was blessed with a daughter, Rona, who was
born on March 1, 2014. However, the partners' relationship became sour when Ruben began indulging in
vices, such as women and alcohol, causing frequent arguments between them. Their relationship got worse
when, even for slight mistakes, Ruben would lay his hands on Rorie. One day, a tipsy Ruben barged into
their house and, for no reason, repeatedly punched Rorie in the stomach. To avoid further harm, Rorie ran
out of the house. But Ruben pursued her and stripped her naked in full view of their neighbors; and then
he vanished.
Ten days later, Ruben came back to Rorie and pleaded for forgiveness. However, Rorie expressed her wish
to live separately from Ruben and asked him to continue providing financial support for their daughter
Rona. At that time, Ruben was earning enough to support a family. He threatened to withdraw the support
he was giving to Rona unless Rorie would agree to live with him again. But Rorie was steadfast in refusing
to live with Ruben again, and insisted on her demand for support for Rona. As the ex-lovers could not reach
an agreement, no further support was given by Ruben.
What crimes did Ruben commit:
(a) For beating and humiliating Rorie? (2.5%)
(b) For withdrawing support for Rona? (2.5%)

XVII
Robina bought from Ramsey a seaside property located in Romblon. At that time, she was in the process
of returning to the Philippines as a returning resident, after retiring from her work in Russia, and was
planning to set up a diving school in the area. In a non-notarized "Kasunduan ng Pagbibili," Ramsey
represented the property as alienable and disposable, and that he had a valid title to the property. When
the sale was completed, and as she was applying for permits and licenses for her school, she found out
that the property was a public non-alienable and non-disposable land which Ramsey had bought from
someone who only had a foreshore lease over the same. As she was bent on setting up the diving school
in the area, having made all the preparations and having already bought all the equipment, she filed a
Miscellaneous Lease Application (MLA) with the Department of Environment and Natural Resources (DENR)
at the Community Environment and Natural Resources Office in Romblon. In her application, she stated
that she was a Filipino citizen, although she was still a naturalized Russian citizen at that time. It was only
six months after she filed the MLA that she filed her petition for dual citizenship under R.A. No. 9225. When
DENR discovered that, at the time of filing the MLA, she was still a Russian citizen, her application was
denied and she was charged with falsification of a public document for misrepresenting herself as a Filipino
citizen. Infuriated, Robina also filed charges against Ramsey for falsification of a private document for
stating in their "Kasunduan" that the property was alienable and disposable.
In the case for falsification of a public document, Robina's defense was that, at the time she filed the MLA,
she had every intention to reacquire Philippine citizenship, as in fact she filed for dual citizenship six months
thereafter, and that she had no intent to gain or to injure the Philippine government since she expected
that her application for dual citizenship would be approved before the MLA could be approved. On the other
hand, she claimed in the action against Ramsey that intent to gain was present since he received the
purchase price as a result of his misrepresentation. Ramsey's defense was that he had a valid Transfer
Certificate of Title in his name, and he had a right to rely on his title.
(a) Will the case for falsification of public document filed against Robina prosper? (2.5%)
(b) Will the case for falsification of private document filed against Ramsey prosper? (2.5%)

XVIII
Mrs. Robinson is a teacher at an elementary school. In one of her classes, she found, to her consternation,
that an 8-year old Richard was always the cause of distraction, as he was fond of bullying classmates
smaller in size than him.
One morning, Reymart, a 7-year old pupil, cried loudly and complained to Mrs. Robinson that Richard had
boxed him on the ear. Confronted by Mrs. Robinson about Reymart's accusation, Richard sheepishly
admitted the same. Because of this, Mrs. Robinson ordered Richard to lie face down on a desk during class.
After Richard obliged, Mrs. Robinson hit him ten (10) times on the legs with a ruler and pinched his ears.
Richard ran home and reported to his mother what he had suffered at the hands of Mrs. Robinson. When
Richard's parents went to Mrs. Robinson to complain, she interposed the defense that she merely performed
her duty as a teacher to discipline erring pupils.
Richard's parents ask your advice on what actions can be instituted against Mrs. Robinson for acts
committed on their minor child.
(a) May Mrs. Robinson be charged with child abuse OR slight physical injuries? (2.5%)
(b) May Mrs. Robinson be charged with child abuse AND slight physical
injuries? (2.5%)

XIX
Ricky was driving his car when he was flagged down by a traffic enforcer for overspeeding. Realizing his
undoing, but in a hurry for a meeting, Ricky shoved a PhP500 bill in the traffic enforcer's pocket and
whispered to the latter to refrain from issuing him a traffic violation receipt. The traffic enforcer still issued
him a ticket, and returned his money.
What crime, if any, was committed by Ricky? (5%)


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CRIMINAL LAW I REVIEWER 5.

It must observe substantive and

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Crimes against national security: Philippine courts have no jurisdiction over

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Imprudence (lack of skill) – deficiency in action. Three classes of crimes:

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Felonies against property: In homicide, the intent to kill is presumed.

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Punishment for mere proposal: Wheel or circle conspiracy – a single person or

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Third. That there be no other Presence of large number or wounds inflicted

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The person defending is not induced by revenge, 2 kinds of invasion:

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Distinguish: Child at risk – vulnerable to and at the risk of

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Distinctions between the two: Passion or obfuscation requisites:

Minority – always a privileged mitigating There is diminution of intelligence and intent.

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U.S. vs. DELA CRUZ Voluntary plea of guilty requisites:

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It can be penalized in addition to habitual It can be appreciated in robbery with homicide

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Disguise – resorted to conceal identity. If in spire Ignominy and cruelty

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Principals by direct participation – are those Applicable to conspiracy by implied conspiracy.

Requisites: ARTICLE 18: Accomplices are the persons

ARTICLE 19: Accessories are those who,

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To be settled in this order: Compound crime (delito compuesto) – when a

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Frustrated Attempted ISLAW does not apply here, there is no minimum

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Does not apply to quasi-offenses. Article 75: Increasing or reducing fine

ARTICLE 70: Successive service of Factors to consider in the imposition of fines:

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