THE REVISED PENAL CODE (ACT NO.

3815)

 ARTICLE 1. Time when Act takes effect. - This Code shall take effect on the first day of January,
nineteen hundred and thirty-two.

 CRIMINAL LAW

Branch of law which defines crimes, treats of their nature, and provides for their punishment.

 CRIME

An act committed or omitted in violation of a public law forbidding or commanding it

 CLASSIFICATIONS OF CRIME
 As to the manner
a. Dolo
b. Culpa
 As to the stage of execution
a. Consummated
b. Frustrated
c. Attempted
 As to nature
a. Mala In Se
b. Mala Prohibita
 As to count
a. Compound
b. Composite or Special Complex
c. Complex
d. Continued
 As to division
a. Formal Felonies
b. Material Felonies
c. Those which do not admit of the frustrated stage

 AS TO NATURE

BASIS MALA IN SE MALA PROHIBITA

It is sufficient that the prohibited
There must be criminal intent
act was done
Wrong merely because
Wrong from its very nature
prohibited by statute
Criminal intent governs Criminal intent is not necessary
Generally involves violation of
As to their concepts Generally punished under RPC
special laws
Such circumstances are not
Mitigating and aggravating appreciated unless the special
circumstances are appreciated in law
imposing penalties has adopted the scheme or scale
of penalties under the RPC
 BASIS MALA IN SE MALA PROHIBITA
a. Good faith a. Good faith; or
b. Lack of criminal intent; or b. Lack of criminal defenses are
c. Negligence are valid defenses not valid defenses
Criminal liability is incurred even Criminal liability is generally
when the crime is attempted or incurred only when the crime is
As to legal implication
frustrated consummated
Penalty is computed on the basis
Penalty of the offender is the
of whether he is a principal
same as they are all deemed
offender, or merely an
principals.
accomplice or accessory.

 THEORIES IN CRIMINAL LAW

CLASSICAL THEORY

 The basis of criminal liability is human free will and the purpose of the penalty is retribution.
 RPC is generally governed by this theory

POSITIVIST THEORY

 The basis of criminal liability is the sum of the social, natural and economic phenomena to which
the actor is exposed. The purposes of penalty are prevention and correction.

ECLECTIC / MIXED THEORY

 It is a combination of positivist and classical thinking wherein crimes that are economic and social
in nature should be dealt in a positive manner, thus, the law is more compassionate.

 SOURCES OF CRIMINAL LAW


1. Revised Penal Code
2. Special Penal Laws passed by the Philippine Commission, Philippine Assembly, Philippine
Legislature, National Assembly, the Batasang Pambansa, and Congress of the Philippines
3. Penal Presidential Decrees issued during Martial Law

 NO COMMON LAW CRIMES IN THE PH

The so-called common law crimes, known in the United States and England as the body of
principles, usages and rules of action, which do not rest for their authority upon any express and positive
declaration of the will of the legislature, are not recognized in this country. Unless there be a particular
provision in the penal code or special penal law that defines and punishes the act, even if it be socially or
morally wrong, no criminal liability is incurred by its commission.
 POWER TO DEFINE AND PUNISH CRIMES

The State has the authority, under its police power, to define and punish crimes and to lay down
the rules of criminal procedure.

The right of prosecution and punishment for a crime is one of the attributes that by a natural law
belongs to the sovereign power instinctively charged by the common will of the members of society to
look after, guard and defend the interests of the community, the individual and social rights and the
liberties of every citizen and the guaranty of the exercise of his rights.

 CONSTITUTIONAL LIMITATIONS ON CRIMINAL LAW

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

(Art. Ill, Sec. 22)

Ex post facto law: Prohibits the passage of retroactive laws which are prejudicial to the accused

Bill of Attainder: a legislative act which inflicts punishment without trial.

2. No person shall be held to answer for a criminal offense without due process of law.

(Art. Ill, Sec. 14[1])

 CONSTITUTIONAL RIGHTS OF THE ACCUSED

1. Right to speedy disposition of trial
2. Right to due process of law
3. Right to bail (xpn: those charged with offenses punishable by reclusion perpetua)
4. Accused is presumed innocent until the contrary is proved
5. No person shall be compelled to be a witness against himself
6. Excessive fines shall not be imposed, nor cruel, degrading or inhuman punishment inflicted
7. No person shall be twice put in jeopardy of punishment for the same offense.
8. Free access to the courts and quasi-judicial bodies and adequate legal assistance shall not be
denied to any person by reason of poverty.

 STATUTORY RIGHTS OF THE ACCUSED

1. To be presumed innocent until the contrary is proved
2. To be informed of the nature and cause of the accusation against him
3. To be present and defend in person and by counsel at every stage of the proceedings
4. To testify as a witness in his own behalf
5. To be exempt from being compelled to be a witness against himself
6. To confront and cross-examine the witnesses against him at the trial
7. To have compulsory process issued to secure the attendance of witnesses and production of other
evidence in his behalf.
8. To have a speedy, impartial and public trial.
9. To appeal in all cases allowed and in the manner prescribed by law.
 RIGHTS WHICH MAY OR MAY NOT BE WAIVED

A right which may be waived = right of the accused to confrontation and cross-examination (personal)

A right which may NOT be waived = the right of the accused to be informed of the nature and cause of
the accusation against him (involves public interest)

ARTICLE 2. Application of its provisions. - Except as provided in the treaties and laws of
preferential application, the provisions of this Code shall be enforced not only within the Philippine
Archipelago, including its atmosphere, its interior waters and maritime zone, but also outside of its
jurisdiction, against those who:

1. Should commit an offense while on a Philippine ship or airship

2. Should forge or counterfeit any coin or currency note of the Philippine Islands or obligations and
securities issued by the Government of the Philippine Islands;
3. Should be liable for acts connected with the introduction into these islands of the obligations and
securities mentioned in the presiding number;
4. While being public officers or employees, should commit an offense in the exercise of their
functions; or
5. Should commit any of the crimes against national security and the law of nations, defined in Title
One of Book Two of this Code.

 CHARACTERISTICS OF CRIMINAL LAW

EXCEPTION
CHARACTERISTICS GENERAL RULE EXCEPTION TO THE
EXCEPTION
i. Treaty or treaty stipulation

ii. Laws of Preferential

Application

iii. Public International Law

(Art. 14, NCC)

a. Sovereigns and other Chiefs

of State
Binding on all persons b. Ambassadors, ministers
who live our sojourn in plenipotentiary, ministers
GENERAL Philippine Territory resident, and charges d'affaires
regardless of race, sex,
belief or creed. iv. Members of the Congress
are
not liable for libel or slander in
connection with any speech
delivered on the floor of the
house
during a regular or special
session
(1987 Constitution, Art. IV,
Sec.
11).
 EXCEPTION
CHARACTERISTICS GENERAL RULE EXCEPTION TO THE
EXCEPTION
ARTICLE 2, RPC:

1. Should commit an offense

while on a Philippine ship or
airship
2. Should forge or counterfeit
any coin or currency note of
the Philippine Islands or
obligations and securities
issued by the Government of
the Philippine Islands;
Penal laws of the 3. Should be liable for acts
country have force and connected with the
TERRITORIAL
effect only within introduction into these islands
Philippine Territory of the obligations and
securities mentioned in the
presiding number;
4. While being public officers
or employees, should commit
an offense in the exercise of
their functions; or
5. Should commit any of the
crimes against national
security and the law of nations,
defined in Title One of Book
Two of this Code.

 RULES TO FOREIGN MERCHANT VESSELS

French Rule. — Such crimes are not triable in the courts of that country, unless their commission
affects the peace and security of the territory or the safety of the state is endangered.

English Rule. — Such crimes are triable in that country, unless they merely affect things within the
vessel or they refer to the internal management thereof.

In this country, we observe the English Rule.

 EXCEPTION TO THE
CHARACTERISTICS GENERAL RULE EXCEPTION
EXCEPTION
A penal law cannot Whenever a new statute i. Where the new law is
make an act punishable dealing with crime expressly made
in a manner in which it establishes conditions inapplicable to pending
was not punishable more lenient or actions or existing
when committed. favorable to the accused, causes of action.
PROSPECTIVE
it can be given a
retroactive effect. ii. Where the offender is
a habitual criminal
under Rule 5, Article 62,
Revised Penal Code.

 DIFFERENT EFFECTS OF REPEAL OF PENAL LAW

1. If the repeal makes the penalty lighter in the new law, the new law shall be applied, except when
the offender is a habitual delinquent or when the new law is made not applicable to pending
action or existing causes of action.
2. If the new law imposes a heavier penalty, the law in force at the time of the commission of the
offense shall be applied.
3. If the new law totally repeals the existing law so that the act which was penalized under the old
law is no longer punishable, the crime is obliterated.
 SELF-REPEALING LAW

Where an act expires by its own limitation, the effect is the same as though it had been repealed at the
time of its expiration.

 PRO REO PRINCIPLE

“in cases of doubt, then for the accused”

 CONCEPT OF FELONY (ART 3-5, RPC)

Article 3. Definitions. - Acts and omissions punishable by law are felonies (delitos).

Felonies are committed not only be means of deceit (dolo) but also by means of fault
(culpa).

There is deceit when the act is performed with deliberate intent and there is fault when
the wrongful act results from imprudence, negligence, lack of foresight, or lack of skill.

 FELONIES

Acts or omissions punishable by the Revised Penal Code.

ELEMENTS OF
FELONY
1. There must be an An act refers to any bodily movement An omission contemplated in
act or omission tending to produce some effect in the criminal law means inaction; the
external world it being unnecessary failure to perform a positive duty
that the same be actually produced, which one is bound.
as the possibility of its production is
sufficient. The omission must be punishable by
law
Only external act is punished
People vs. Silvestre and Atienza
2. That the act or Nullum crimen, nulla poena sine The phrase "punished by law"
omission must be lege. should be understood to mean
punishable by the "punished by the Revised
RPC Penal Code" and not by a special
law.

3. That the act is CULPABLE

INTENTIONAL
performed or the BASIS FELONIES
FELONIES (DOLO)
omission incurred (CULPA)
by means of dolo or As to malice Act is malicious Not malicious
culpa. Injury caused is
unintentional, it being
Performed with
As to intent an incident of another
deliberate intent
act performed without
malice.
Has the intention to
Wrongful act results
cause wrong or do an
As to the source of from imprudence,
injury to the person,
wrong committed negligence, lack of
property or right of
foresight or lack of skill.
another.
 REQUISITES OF DOLO
1. CRIMINAL INTENT

the purpose to use a particular means to effect such result. Intent to commit an act with malice,
being purely a mental process, is presumed from the proof of commission of an unlawful act. A mental
state, hence, its existence is shown by overt acts.

2. FREEDOM OF ACTION

voluntariness on the part of the person to commit the act or omission.

3. INTELLIGENCE

means the capacity to know and understand the consequences of one's act.

 REQUISITES OF CULPA
1. CRIMINAL NEGLIGENCE

The crime was the result of negligence, reckless imprudence, lack of foresight or lack of skill.

Imprudence = deficiency in action, lack of skill.

Negligence = deficiency of perception, lack of foresight.

2. FREEDOM OF ACTION

He was not acting under duress.

3. INTELLIGENCE

On the part of offender in performing the negligent act.

 ACTS OR OMISSIONS ARE VOLUNTARY

As in the old Penal Code, the act or omission must be voluntary and punishable by law to
constitute a felony.

An intentional felony is committed when the act is performed with deliberate intent, which must
necessarily be voluntary.

On the other hand, in culpable felony, which is committed when the wrongful act results from
imprudence, negligence, lack of foresight or lack of skill, the act is also voluntary.
 CRIMINAL INTENT

Refers to the use of a particular means to effect the desired result. It is a mental state, the
existence of which is demonstrated by the overt acts of a person.

 Intent presupposes the exercise of freedom and the use of intelligence.

 The existence of intent is shown by the overt acts of a person.
 Criminal intent is presumed from the commission of an unlawful act.
 The presumption of criminal intent does not arise from the proof of the commission of an act which
is not unlawful.

 MOTIVE & INTENT, DISTINGUISHED

INTENT MOTIVE
Basis The purpose to use a particular The moving power which impels
means to effect such results. one to action for a definite result.
Purpose Essential element of felonies by Not an essential element of a
dolo. felony and need not be proved
for purpose of conviction.

 MISTAKE OF FACT

A misapprehension of fact on the part of the person who caused injury to another. He is not, however,
criminally liable, because he did not act with criminal intent.

 REQUISITES OF MISTAKE OF FACT:

1. That the act done would have been lawful had the facts been as the accused believed them to be.
2. That the intention of the accused in performing the act should be lawful.
3. That the mistake must be without fault or carelessness on the part of the accused.

Note: Mistake of fact is a defense only in intentional felonies

 Article 4. Criminal liability. - Criminal liability shall be incurred:

1. By any person committing a felony (delito) although the wrongful act done be different
from that which he intended.
2. By any person performing an act which would be an offense against persons or
property, were it not for the inherent impossibility of its accomplishment or an
account of the employment of inadequate or ineffectual means.
ART. 4 (1) – WRONGFUL ACT DIFFERENT FROM THAT INTENDED

REQUISITES:

1. That an intentional felony has been committed; and

ERROR IN
ABERRATIO ICTUS PRAETER
PERSONAE
(Mistake in Blow) INTENTIONEM
(Mistake in Identity)
How committed A person directed the The victim actually Injurious consequences
blow at an intended received the blow, but are greater than that
victim, but because of he was mistaken for intended
poor aim, that blow another who was not at
landed on somebody the scene of the crime.
else.
Parties present The offender, the There are only two
intended victim as well persons present in error
as the actual victim are in personae - the actual
all at the scene of the (not the intended
crime. victim) and the
offender.

2. That the wrong done to the aggrieved party be the direct, natural and logical consequence of the
felony committed by the offender.

 PROXIMATE CAUSE

That cause, which, in natural and continuous sequence, unbroken by any efficient intervening
cause, produces the injury, and without which the result would not have occurred.

As a rule, the offender is criminally liable for all the consequences of his felonious act, although
not intended, if the felonious act is the proximate cause of the felony.

 REQUISITES OF PROXIMATE CAUSE

1. The direct, natural, and logical cause;
2. Produces the injury or damage;
3. Unbroken by any efficient intervening cause; and
4. Without which the result would not have occurred

 THE FF ARE NOT INTERVENING CAUSES

1. The weak physical condition of the victim
2. The nervousness or temperament of the victim
3. Causes which are inherent in the victim, such as the victim’s inability to swim
4. Refusal of the injured party to be subjected to medical attendance
5. Erroneous or unskillful medical treatment

WHEN THE FELONY COMMITTED IS NOT THE PROXIMATE CAUSE

1. There is an active force that intervened between the felony committed and the resulting injury, and
the active force is a distinct act or fact absolutely foreign from the felonious act of the accused; or
2. The resulting injury is due to the intentional act of the victim.
ART. 4 (2) – IMPOSSIBLE CRIME

REQUISITES
1. That the act In committing an But a felony against
performed would be impossible crime, the persons or property
an offense against offender intends to should not be actually
persons or property. commit a felony committed, for,
against persons or a otherwise, he would be
felony against liable for that felony.
property, and the act
performed would have
been an offense against
persons or property.
2. That the act was Since the offender in
done with evil intent impossible crime
intended to commit an
offense against persons
or against property, it
must be shown that the
actor performed the act
with evil intent, that is,
he must have the intent
to do an injury to
another.
3. That its Inherent impossibility Inherent impossibility (1) Physical
accomplishment is of its accomplishment means that under any Impossibility – occurs
inherently and all circumstances, where extraneous
impossible, or that the crime could not have circumstances unknown
the means employed materialized. to the accused prevent
is either inadequate the consummation of
or ineffectual. the intended crime.

(2) Legal
Impossibility - occurs
where the intended acts,
even if completed would
not amount to a crime.
Employment of Means are not sufficient But where the means
inadequate to produce the expected employed is adequate
result and the result expected
is not produced, it is not
an impossible crime, but
a frustrated felony.
Employment of Means used are not
ineffectual means effective to
produce the expected
result
4. In impossible
crime the act
performed should not
constitute a violation
of another provision
of the Code.
 REASON FOR PENALIZING IMPOSSIBLE CRIMES

To suppress criminal propensity or criminal tendencies. Objectively, the offender has not
committed a felony, but subjectively, he is a criminal.

 Article 5. Duty of the court in connection with acts which should be repressed but
which are not covered by the law, and in cases of excessive penalties. - Whenever a court
has knowledge of any act which it may deem proper to repress and which is not punishable by law, it
shall render the proper decision, and shall report to the Chief Executive, through the Department of
Justice, the reasons which induce the court to believe that said act should be made the subject of
legislation.

In the same way, the court shall submit to the Chief Executive, through the Department of Justice,
such statement as may be deemed proper, without suspending the execution of the sentence, when a
strict enforcement of the provisions of this Code would result in the imposition of a clearly excessive
penalty, taking into consideration the degree of malice and the injury caused by the offense.

 Article 6. Consummated, frustrated, and attempted felonies. - Consummated felonies as

well as those which are frustrated and attempted are punishable.

A felony is consummated when all the elements necessary for its execution and accomplishment
are present; and it is frustrated when the offender performs all the acts of execution which would
produce the felony as a consequence but which, nevertheless, do not produce it by reason of causes
independent of the will of the perpetrator.

There is an attempt when the offender commences the commission of a felony directly or over
acts, and does not perform all the acts of execution which should produce the felony by reason of some
cause or accident other than this own spontaneous desistance.
ART. 6 – CONSUMMATED, FRUSTRATED AND ATTEMPTED FELONIES

A felony is consummated when all the elements

CONSUMMATED FELONY necessary for its execution and accomplishment
are present.
It is frustrated when the offender performs all the
acts of execution which would produce the felony
FRUSTRATED FELONY as a consequence but which, nevertheless, do not
produce it by reason of causes independent of the
will of the perpetrator.
There is an attempt when the offender commences
the commission of a felony directly by overt acts,
and does not perform all the acts of execution
ATTEMPTED FELONY
which should produce the felony by reason of some
cause or accident other than his own spontaneous
desistance.

 ATTEMPTED FELONY

ELEMENTS:

1. The offender commences the commission of the felony directly by overt acts;
2. He does not perform all the acts of execution which should produce the felony;
3. The offender’s act is not stopped by his own spontaneous desistance;
4. The non-performance of all acts of execution was due to cause or accident other than his spontaneous
desistance.

 FRUSTRATED FELONY

ELEMENTS:

1. The offender performs all the acts of execution;

2. All the acts performed would produce the felony as a consequence;
3. But the felony is not produced;
4. By reason of causes independent of the will of the perpetrator.

 FRUSTRATED AND ATTEMPTED FELONY, DISTINGUISHED

ATTEMPTED FRUSTRATED
The offender has not accomplished his criminal purpose
The offender merely commences the commission The offender has performed all the acts of
of a felony directly by overt acts and does not execution which would produce the felony as a
perform all the acts of execution. consequence
Has not passed the subjective phase Has reached the objective phase
 FRUSTRATED, ATTEMPTED, AND IMPOSSIBLE CRIME, DISTINGUISHED

ATTEMPTED FRUSTRATED IMPOSSIBLE CRIME

the evil intent of the offender is not accomplished
the evil intent of the offender is possible of the evil intent of the offender cannot be
accomplishment accomplished
what prevented its accomplishment is the the evil intent of the offender cannot be
intervention of certain cause or accident in which accomplished because it is inherently impossible
the offender had no part. of accomplishment or because the means
employed by the offender is inadequate or
ineffectual.

 CONSUMMATED FELONY

A felony is consummated when all the elements necessary for its execution and accomplishment
are present.

In consummated felony, all the elements necessary for its execution and accomplishment must be
present. Every crime has its own elements which must all he present to constitute a culpable violation of
a precept of law.

 HOW TO DETERMINE THE STAGE?

1. The manner of committing the crime;
2. The elements of the crime; and
3. The nature of the crime itself.

 INSTANCES WHEREIN THE STAGES OF A CRIME WILL NOT APPLY

1. Offenses punishable by Special Penal Laws, unless otherwise provided for;
2. Formal crimes
3. Impossible crimes;
4. Crimes consummated by mere attempt;
5. Felonies by omission; and
6. Crimes committed by mere agreement.
 Art. 7. When light felonies are punishable. — Light felonies are punishable only when they
have been consummated, with the exception of those committed against persons or property.

 ART. 7 - LIGHT FELONIES

What are light felonies?

Light felonies are those infractions of law for the commission of which the penalty of arresto
menor or both, is provided. (Art. 9, par. 3)

 LIGHT FELONIES PUNISHED BY THE RPC

1. Slight physical injuries. (Art. 266)
2. Theft. (Art. 309, pars. 7 and 8)
3. Alteration of boundary marks. (Art. 313)
4. Malicious mischief. (Art. 328, par. 3; Art. 329, par. 3)
5. Intriguing against honor. (Art. 364)

GENERAL RULE EXCEPTION

Light felonies are punishable only when they have Light felonies committed against persons or
been consummated. property, are punishable even if attempted or
frustrated.
Reason: Light felonies produce such light, such Reason: The commission of felonies against
insignificant moral and material injuries that persons or property presupposes in the offender
public conscience is satisfied with providing a light moral depravity. For that reason, even attempted
penalty for their consummation. If they are not or frustrated light felonies against persons or
consummated, the wrong done is so slight that property are punishable.
there is no need of providing a penalty at all.

 Article 8. Conspiracy and proposal to commit felony. - Conspiracy and proposal to commit
felony are punishable only in the cases in which the law specially provides a penalty therefore.

A conspiracy exists when two or more persons come to an agreement concerning the commission
of a felony and decide to commit it.

There is proposal when the person who has decided to commit a felony proposes its execution to
some other person or persons.

 CONSPIRACY AND PROPOSAL TO COMMIT A FELONY

CONSPIRACY PROPOSAL TO COMMIT A FELONOY

Exists when two or more persons come to an There is a proposal when the person who has
agreement concerning the commission of the crime decided to commit a felony proposed its execution
and decided to commit it. to some other person person/s
 CONSPIRACY AS A FELONY AND CONSPIRACY AS A MANNER OF INCURRING
CRIMINAL LIABILITY

CONSPIRACY AS A FELONY CONSPIRACY AS A MANNER OF

INCURRING CRIMINAL LIABILITY
The Revised Penal Code specially provides a When the conspiracy relates to a crime actually
penalty for mere conspiracy in Arts. 115,136, and committed, it is not a felony but only a manner of
141 incurring criminal liability, that is, when there is
conspiracy, the act of one is the act of all.

 REQUISITES OF CONSPIRACY
1. That two or more persons came to an agreement;
2. That the agreement concerned the commission of a felony;
3. That the execution of the felony be decided upon.

 REQUISITES OF PROPOSAL TO COMMIT FELONY

1. That a person has decided to commit a felony; and
2. That he proposes its execution to some other person or persons.

 CONSPIRATORS AND ACCOMPLICES, DISTINGUISHED

CONSPIRACY ACCOMPLICE
Conspirators knew the criminal intention because Accomplice comes to know about the criminal
they themselves have agreed and decided upon intention after the principal have reached the
such course of action decision, and only that the accomplice agreed and
cooperate in its accomplishment
Conspirators take direct part in deciding that a An accomplice does not take direct part in the
crime should be committed decision whether the crime should be committed –
he merely assents to the plan and cooperate in its
accomplishment
They are the authors of the crime They are merely the instruments of the
conspirators in the performance of acts not
essential to the perpetration of the offense.
 Article 9. Grave felonies, less grave felonies and light felonies.
 Grave felonies
 are those to which the law attaches the capital punishment or penalties which in any of their
periods are afflictive, in accordance with Art. 25 of this Code.
 Less grave felonies
 are those which the law punishes with penalties which in their maximum period are
correctional, in accordance with the above-mentioned Art.
 Light felonies
 are those infractions of law for the commission of which a penalty of arrest menor or a fine
not exceeding 200 pesos or both; is provided.

 ARTICLE 9. GRAVE, LESS GRAVE AND LIGHT FELONIES

GRAVE FELONIES a. Capital Punishment a. Death Penalty

b. Afflictive Penalties b. 6 years and 1 day to Reclusion
Perpetua
LESS GRAVE FELONIES Correctional Penalties 1 month (30 days) and one day to
6 years
LIGHT FELONIES Arresto Menor 1 day to 30 days

 Article 10. Offenses not subject to the provisions of this Code. — Offenses which are or in
the future may be punishable under special laws are not subject to the provisions of this Code. This
Code shall be supplementary to such laws, unless the latter should specially provide the contrary.

ARTICLE 10

1. For Special Penal Laws the length of imprisonment is fixed, the highest would be life
imprisonment, not reclusion perpetua, unless the latter is so specifically provided therefore.
2. Offenses which are attempted or frustrated are not punishable, unless otherwise stated.
3. Plea of guilty is not mitigating for offenses punishable by special laws.
4. No minimum, medium and maximum periods for penalties, unless it is otherwise provided.
5. No penalty for an accessory or accomplice, unless otherwise stated.
 ARTICLE 11 – JUSTIFYING CIRCUMSTANCES

JUSTIFYING CIRCUMSTANCES

are those where the act of a person is said to be in accordance with law, so that such person is
deemed not to have transgressed the law and is free from both criminal and civil liability.

There is no civil liability, except in paragraph 4 of Art. 11, where the civil liability is borne by
the persons benefited by the act.

 ART. 11, PAR. 1 – SELF-DEFENSE

1. Anyone who acts in defense of his person or rights, provided that the following circumstances concur;

ART. 11, PAR. 1 – SELF-DEFENSE

REQUISITES OF SELF-DEFENSE DEFINITION

1. Unlawful aggression It is equivalent to assault or at least threatened

assault of an immediate and imminent kind.

There is unlawful aggression when the danger or

peril to one's life, limb or right is either actual or
imminent. There must be actual physical force or
actual use of weapon, or at least a threat to inflict
real injury.
2. Reasonable necessity of the means employed to The second requisite of defense means that (1)
prevent or repel it there be a necessity of the course of action taken by
the person making a defense, and (2) there be a
necessity of the means used. Both must be
reasonable.
3. Lack of sufficient provocation on the part of the Means that if the provocation is sufficient, the third
person defending himself element will not be present.

 What are the rights included in self-defense?

1. Person or the body of the one assaulted
2. Rights of the person assaulted; and/or
3. His/her property

 EFFECTS OF SELF-DEFENSE
 When all the elements are present – the person defending himself is free from criminal liability
and civil liability (except paragraph 4)
 When only a majority of the elements are present – privileged mitigating circumstance,
provided there is unlawful aggression.
 BATTERED WOMAN SYNDROME AS A FORM OF SELF-DEFENSE

In order to be classified as a battered woman, the couple must go through the battering cycle at
least twice:

1. Tension building phase;

2. Acute battering incident; and
3. Tranquil, loving (or at least non-violent) phase.

 ART. 11, PAR. 2 – DEFENSE OF RELATIVES

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

 RELATIVES THAT CAN BE DEFENDED:

1. Spouse
2. Ascendants
3. Descendants
4. Legitimate, natural or adopted brothers and sisters, or relatives by affinity in the same degrees
5. Relatives by consanguinity within the fourth civil degree.

ART. 11, PAR. 2 – DEFENSE OF RELATIVES

REQUISITES OF SELF-DEFENSE DEFINITION

1. Unlawful aggression It is equivalent to assault or at least threatened

assault of an immediate and imminent kind.

There is unlawful aggression when the danger or

peril to one's life, limb or right is either actual or
imminent. There must be actual physical force or
actual use of weapon, or at least a threat to inflict
real injury.
2. Reasonable necessity of the means employed to The second requisite of defense means that (1)
prevent or repel it there be a necessity of the course of action taken by
the person making a defense, and (2) there be a
necessity of the means used. Both must be
reasonable.
3. In case the provocation was given by the person There is still a legitimate defense of relative even if
attacked, the one making a defense had no part the relative being defended has given provocation,
therein. provided that the one defending such relative has
no part in the provocation.
 ART. 11, PAR. 3 – DEFENSE OF STRANGERS

Anyone who acts in defense of the person or rights of a stranger, provided that the
first and second requisites mentioned in the first circumstance of this Article are present
and that the person defending be not induced by revenge, resentment, or other evil
motive.

ART. 11, PAR. 3 – DEFENSE OF STRANGERS

REQUISITES OF SELF-DEFENSE DEFINITION

1. Unlawful aggression It is equivalent to assault or at least threatened

assault of an immediate and imminent kind.

There is unlawful aggression when the danger or

peril to one's life, limb or right is either actual or
imminent. There must be actual physical force or
actual use of weapon, or at least a threat to inflict
real injury.
2. Reasonable necessity of the means employed to The second requisite of defense means that (1)
prevent or repel it there be a necessity of the course of action taken by
the person making a defense, and (2) there be a
necessity of the means used. Both must be
reasonable.
3. The person defending be not induced by This Code requires that the defense of a stranger be
revenge, resentment, or other evil motive. actuated by a disinterested or generous motive,
when it puts down "revenge, resentment, or other
evil motive" as illegitimate.

 Who are deemed strangers?

Any person not included in the enumeration of relatives mentioned in paragraph 2

of this article, is considered stranger for the purpose of paragraph 3. Hence, even a close
friend or a distant relative is a stranger within the meaning of paragraph 3.
 ART. 11, PAR. 4 – AVOIDANCE OF GREATER EVIL OR INJURY

Any person who, in order to avoid an evil or injury, does not act which causes
damage to another, provided that the following requisites are present;.

ART. 11, PAR. 4 – AVOIDANCE OF GREATER EVIL OR INJURY

REQUISITES OF AVOIDANCE OF DEFINITION

GREATER EVIL OR INJURY
1. That the evil sought to be avoided actually exists The evil must actually exist. If the evil sought to be
avoided is merely expected or anticipated or may
happen in the future, paragraph 4 of Art. 11 is not
applicable.
2. That the injury feared be greater than that done
to avoid it
3. That there be no other practical and less harmful
means of preventing it.

THERE IS CIVIL LIABILITY UNDER THIS PARAGRAPH

Although, as a rule there is no civil liability in justifying circumstances, it is only in paragraph 4 of Art. 11
where there is civil liability, but the civil liability is borne by the persons benefited.

 ART. 11, PAR. 5 – FULFILLMENT OF DUTY OR LAWFUL EXERCISE OF RIGHT OR

OFFICE

Any person who acts in the fulfillment of a duty or in the lawful exercise of a right or office.

REQUISITES OF AVOIDANCE OF FULFILLMENT OF DUTY OR LAWFUL EXERCISE OF

RIGHT OR OFFICE
1. Accused acted in the performance of a duty or in the lawful exercise of a right or office

2. Injury caused or offense committed be the necessary consequence of the due performance of duty or
the lawful exercise of such right or office.

ART. 11, PAR. 6 – OBEDIENCE TO AN ORDER ISSUED FOR SOME LAWFUL PURPOSE

Any person who acts in obedience to an order issued by a superior for some lawful
purpose.

REQUISITES OF OBEDIENCE TO AN ORDER

ISSUED FOR SOME LAWFUL PURPOSE
1. An order has been issued by a superior is lawful.
2. Such order must be for some lawful purpose

3. Means used by the subordinate to carry out said order

ARTICLE 12 – EXEMPTING CIRCUMSTANCES
Exempting circumstances (non-imputality) are those grounds for exemption from punishment
because there is wanting in the agent of the crime any of the conditions which make the act voluntary or
negligent.

In exempting circumstances, there is a crime committed but no criminal liability arises.

 ARTICLE 12 (1) – IMBECILITY OR INSANITY

1. An imbecile or an insane person, unless the latter has acted during a lucid interval.

When the imbecile or an insane person has committed an act which the law defines as a felony
(delito), the court shall order his confinement in one of the hospitals or asylums established for persons
thus afflicted, which he shall not be permitted to leave without first obtaining the permission of the same
court.

IMBECILITY INSANITY
DEFINITION An imbecile is one who, while Insanity exists when there is a
advanced in age, has a mental complete deprivation of
development comparable to that intelligence in committing the
of children between two to seven act.
years of age.
EXISTENCE OF LUCID
None Present
INTERVAL
EXEMPTION FROM Exempt from criminal liability in Not exempt from criminal
CRIMINAL all cases. liability if it can be shown that he
LIABILITY acted during a lucid interval.

 TESTS FOR EXEMPTION ON GROUNDS OF INSANITY

1. Test of cognition – whether the accused acted with complete deprivation of intelligence in
committing said crime.
2. Test of volition – whether the accused acted in total deprivation of freedom of will.

 OTHER INSTANCES OF INSANITY

1. Schizophrenia
2. Kleptomania
3. Epilepsy
4. Lack of controlled consciousness (eg, dreaming)
5. Somnambulism

 BASIS OF ART. 12 (1)

Complete absence of intelligence, an element of voluntariness.

 ARTICLE 12 (2) – A PERSON UNDER 9 YEARS OF AGE

2. A person under nine years of age.

The phrase "under nine years" should be construed "nine years or less;"
 AGE OF ABSOLUTE IRRESPONSIBILITY RAISED TO FIFTEEN YEARS OF AGE

Republic Act No. 9344 otherwise known as "Juvenile Justice and Welfare Act of 2006" raised the
age of absolute irresponsibility from nine (9) to fifteen (15) years of age.

Under Section 6 of the said law, a child fifteen (15) years of age or under at the time of the
commission of the offense shall be exempt from criminal liability. However, the child shall be subject to
an intervention program as provided under Section 20 of the same law.

 BASIS OF ART. 12 (2)

Complete absence of intelligence.

 ARTICLE 12 (3) – OVER 9 AND UNDER 15 OF AGE

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

Discernment

It is the mental capacity to understand the difference between right and wrong including the
capacity to fully appreciate the consequences of his unlawful act.

 MIN. AGE OF CRIMINAL RESPONSIBILITY AN TREATMENT OF CHILD BELOW AGE

OF RESPONSIBILITY

AGE BRACKET CRIMINAL LIABILTY TREATMENT

15 years old and below The child shall be subjected to a
Exempt community-based intervention
program.
Above 15 but below 18, who acted The child shall be subjected to a
WITHOUT discernment Exempt community-based intervention
program.
Above 15 but below 18, who acted The child shall be subjected to a
Not exempt
WITH discernment diversion program.

 BASIS OF ART. 12 (2)

Complete absence of intelligence.

 ART. 12 (4) - ACCIDENT

4. Any person who, while performing a lawful act with due care, causes an injury by mere accident
without fault or intention of causing it.

ELEMENTS:

1. A person is performing a lawful act;

2. With due care;
3. He causes an injury to another by mere accident;
4. Without fault or intention of causing it.

ACCIDENT

An accident is something that happens outside the sway of our will, and although it comes about
through some act of our will, lies beyond the bounds of humanly foreseeable consequences. It
presupposes a lack of intention to commit the wrong done.

 BASIS OF ART. 12 (4)

The exempting circumstance in paragraph 4 of Art. 12 is based on lack of negligence and

intent.

 ART 12 (5) – IRRESISTABLE FORCE

5. Any person who act under the compulsion of irresistible force.

IRRESISTABLE FORCE

It is a degree of force which is external or physical which reduces the person to a mere instrument
and the acts produced are done without and against his will.

ELEMENTS:

1. That the compulsion is by means of physical force.

2. That the physical force must be irresistible.
3. That the physical force must come from a third person.

 BASIS OF ART 12 (5)

The exempting circumstance in paragraph 5 of Art. 12 is based on the complete absence of

freedom, an element of voluntariness
 ART. 12 (6) – UNCONTROLLABLE FEAR

6. Any person who acts under the impulse of an uncontrollable fear of an equal or greater injury.

ELEMENTS:

1. That the threat which causes the fear is of an evil greater than or at least equal to, that which he is
required to commit;
2. That it promises an evil of such gravity and imminence that the ordinary man would have succumbed
to it.

IRRESISTABLE FORCE UNCONTROLLABLE FEAR

the offender uses violence or physical force to the offender employs intimidation or threat in
compel another person to commit a crime compelling another to commit a crime

 BASIS OF ART. 12 (6)

Absence of freedom

 ARTICLE 12 (7) – PREVENTED BY INSUPERABLE CAUSE

7. Any person who fails to perform an act required by law, when prevented by some lawful insuperable
cause.

ELEMENTS:

1. That an act is required by law to be done;

2. That a person fails to perform such act;
3. That his failure to perform such act was due to some lawful or insuperable cause.
 BASIS OF ART. 12 (7)

The circumstance in paragraph 7 of Art. 12 exempts the accused from criminal liability, because
he acts without intent, the third condition of voluntariness in intentional felony.

JUSTIFYING CIRCUMSTANCES EXEMPTING CIRCUMSTANCES

No crime, no criminal liability There is a crime, but no criminal liability
ART. 13 – MITIGATING CIRCUMSTANCES
 MITIGATING CIRCUMSTANCES

are those which, if present in the commission of the crime, do not entirely free the actor from
criminal liability, but serve only to reduce the penalty.

 BASIS OF ART. 13

Mitigating circumstances are based on the diminution of either freedom of action, intelligence, or intent,
or on the lesser perversity of the offender.

 CLASSES OF MITIGATING CIRCUMSTANCES

ORDINARY MITIGATING PRIVILEGED MITIGATING

Can be offset by aggravating circumstances Can never be offset by any aggravating
circumstance
Ordinary mitigating circumstances, if not offset, Privileged mitigating circumstances operate to
will operate to reduce the penalty to the reduce the penalty by one to two degrees,
minimum period, provided the penalty is a depending upon what the law provides.
divisible one.
Circumstances enumerated in Paragraphs 1-10 of Minority, incomplete self-defense, two or more
Art. 13 mitigating circumstances without any aggravating
circumstances

ART. 13 (1) – INCOMPLETE JUSTIFYING OR EXEMPTING CIRCUMSTANCE

Par. 1. — Those mentioned in the preceding chapter when all the requisites necessary to justify the act
or to exempt from criminal liability in the respective cases are not attendant.

INCOMPLETE JUSTIFYING OR EXEMPTING CIRCUMSTANCE

Not all the requisites to justify the act are present or not all the requisites to exempt from criminal
liability are present.

 9 CIRCUMSTANCES OF JUSTIFICATION OR EXEMPTION WHICH MAY GIVE PLACE

TO MITIGATION
1. Self-defense
2. Defense of relatives
3. Defense of stranger
4. State of necessity
5. Performance of duty
6. Obedience to order of superior
7. Minority over 9 and under 15 years of age
8. Accident
9. Uncontrollable fear
 EFFECT ON CRIMINAL LIABILITY

LESS than the majority of the requisites necessary

to justify the act or exempt from criminal liability Ordinary Mitigating Circumstance
are present.
MAJORITY of the requisites needed to justify the
Privileged Mitigating Circumstance
act or exempt from criminal liability are present.

 ART. 13 (2) – UNDER 18 OR OVER 70 YEARS OLD

Par. 2. — That the offender is under eighteen years of age or over seventy years. In the
case of the minor, he shall be proceeded against in accordance with the provisions of
Article 80 (now Art. 192, P.D. No. 603).

Under 18 years of age = entitled to a mitigating

ART. 13 (2)
circumstance of minority
repealed by…
15 or over but under 18 years of age
(without discernment)

= EXEMPT
RA 9344 – “Juvenile Justice and Welfare
15 or over but under 18 years of age
Act of
(with discernment)
2006”
=
MITIGATING/NOT EXEMPT
(goes to diversion programs)

 EFFECT ON CRIMINAL LIABILITY

AGE BRACKET CRIMINAL LIABILITY

15 and under Exempting
Without discernment: Exempting
Over 15 and under 18
With discernment: Mitigating (not exempted)
18 to 70 Full Criminal Responsibility
Over 70 Mitigating

 ART. 13 (3) – NO INTENTION TO COMMIT SO GRAVE A WRONG (PRAETER

INTENTIONEM)

Par. 3. — That the offender had no intention to commit so grave a wrong as that
committed.

This circumstance can be taken into account only when the facts proven show that there is a
notable and evident disproportion between the means employed to execute the criminal act and its
consequences.

Not applicable to felonies by negligence

Not applicable when the offender employed brute force
Mitigating when the victim dies (crimes against persons)
Where the acts employed by the accused were reasonably sufficient to produce and did actually produce
the death of the victim = not mitigating

 ART. 13 (4) – SUFFICIENT THREAT OR PROVOCATION

Par. 4. — That sufficient provocation or threat on the part of the offended party
immediately preceded the act.

THREAT

U because if it was, the threat to inflict real injury becomes an unlawful aggression which may give rise to
self-defense and thus, no longer a mitigating circumstance.

PROVOCATION

Any unjust or improper conduct or act of the offended party, capable of exciting, inciting, or irritating
any one.

 REQUISITES
1. That the provocation must be sufficient
2. That it must originate from the offended party
3. That the provocation must be immediate to the act

 DIFFERENCE OF SUFFICIENT THREAT OR PROVOCATION

As an element of self-defense It pertains to its absence on the part of the person

It pertains to the presence on the part of the
As a mitigating circumstance
offended party.

 ART. 13 (5) – VINDICATION OF GRAVE OFFENSE

Par. 5. — That the act was committed in the immediate vindication of a grave offense to
the one committing the felony (delito), his spouse, ascendants, descendants, legitimate,
natural or adopted brothers or sisters, or relatives by affinity within the same degrees.

 REQUISITES:

1. That there be a grave offense done to the one committing the felony, his spouse, ascendants,
descendants, legitimate, natural or adopted brothers or sisters, or relatives by affinity within the same
degrees;

2. That the felony is committed in vindication of such grave offense. A lapse of time is allowed between
the vindication and the doing of the grave offense.
 SUFFICIENT THREAT OR PROVOCATION VINDICATION OF GRAVE OFFENSE
It is made directly only to the person committing The grave offense may be committed also against
the felony. the offender’s relatives mentioned in the law.
The cause that brought about the provocation need The offended party must have done a grave offense
not be a grave offense. against the offender or his relatives mentioned in
the law.
It is necessary that the provocation or threat The vindication of the grave offense may be
immediately preceded the act. There must be no proximate which admits of interval of time
interval of time between the provocation and the between the grave offense committed by the
commission of the crime. offended party and the commission of the crime of
the accused.

 ART. 13 (6) – PASSION OR OBFUSCATION

Par. 6. — That of having acted upon an impulse so powerful as naturally to have produced passion or
obfuscation.

 REQUISITES:
1. The accused acted upon an impulse.
2. The impulse must be so powerful that it naturally produced passion or obfuscation in him.

 PASSION OR OBFUSCATION

Passion and obfuscation refer to emotional feeling which produces excitement so powerful as to
overcome reason and self-control. It must come from prior unjust or improper acts. The passion and
obfuscation must emanate from legitimate sentiments.

 WHY IS PASSION OR OBFUSCATION MITIGATING?

When there are causes naturally producing in a person powerful excitement, he loses his reason
and self-control, thereby diminishing the exercise of his will power.

 CIRCUMSTANCES WHERE PASSION OR OBFUSCATION IS NOT A MITIGATING

CIRCUMSTANCE
1. Lawlessness
2. Revenge

PASSION/OBFUSCATION PROVOCATION
It is produced by an impulse which may cause The provocation comes from the injured party.
provocation.
The offense need not be immediate. It is only It must immediately precede the commission of
required that the influence thereof lasts until the the crime.
moment the crime is committed.

PASSION/OBFUSCATION IRRESISTABLE FORCE

Mitigating Exempting
It cannot give rise to irresistible force because passion It requires physical force
or obfuscation has no physical force
The passion or obfuscation is on the offender himself It must come from a third person
It must arise from lawful sentiments The force used is unlawful
 ART. 13 (7) – VOLUNTARY SURRENDER OR CONFESSION OF GUILT

Par. 7. — That the offender had voluntarily surrendered himself to a person in authority or his agents, or
that he had voluntarily confessed his guilt before the court prior to the presentation of the evidence for
the prosecution.

 TWO MITIGATING CIRCUMSTANCE ARE PROVIDED IN THIS PAR:

1. Voluntary surrender to a person in authority or his agents.
2. Voluntary confession of guilt before the court prior to the presentation of evidence for the
prosecution.

 REQUISITES OF VOLUNTARY SURRENDER

1. That the offender had not been actually arrested.
2. That the offender surrendered himself to a person in authority or to the latter's agent.
3. That the surrender was voluntary (spontaneous, showing the intent of the accused to submit
himself unconditionally to the authorities)

 REQUISITES OF PLEA OF GUILTY

1. That the offender spontaneously confessed his guilt;
2. That the confession of guilt was made in open court, that is, before the competent court that is to
try the case; and
3. That the confession of guilt was made prior to the presentation of evidence for the prosecution.

 ART. 13 (8) – PHYSICAL DEFECT

Par. 8. — That the offender is deaf and dumb, blind or otherwise suffering from some physical defect
which thus restricts his means of action, defense, or communication with his fellow beings.

PHYSICAL DEFECT

A person's physical condition, such as being deaf and dumb, blind, armless, cripple, or stutterer,
whereby his means of action, defense or communication with others are restricted or limited. The
physical defect that a person may have must have a relation to the commission of the crime.

 REQUISITES OF PHYSICAL DEFECT

1. The offender is deaf and dumb, blind or otherwise suffering from some physical defect; and
2. Such physical defect restricts his means of action, defense, or communication with his fellow
beings.
 ART. 13 (9) – ILLNESS OF THE OFFENDER

Par. 9. — Such illness of the offender as would diminish the exercise of the will-power of the offender
without however depriving him of consciousness of his acts.

 REQUISITES OF ILLNESS OFOFFENDER

1. That the illness of the offender must diminish the exercise of his will-power.
2. That such illness should not deprive the offender of consciousness of his acts.

 ART. 13 (10) – SIMILAR AND ANALOGOUS CIRCUMSTANCES

Par. 10. — And, finally, any other circumstance of a similar nature and analogous to those
abovementioned.

EXAMPLES:

1. The act of the offender of leading the law enforcers to the place where he buried the instrument of the
crime has been considered as equivalent to voluntary surrender.
2. Stealing by a person who is driven to do so out of extreme poverty is considered as analogous to
incomplete state of necessity, unless he became impoverished because of his own way of living his
life, i.e. he had so many vices.
3. Defendant who is 60 years old with failing eyesight is similar to a case of a person over 70 years of
age.
4. Impulse of jealous feeling, similar to passion and obfuscation.
5. Voluntary restitution of property, similar to voluntary surrender.
6. Outraged feeling of the owner of animal taken for ransom is analogous to vindication of grave
offense.
7. Esprit de corps is similar to passion and obfuscation.
8. Wartime state of confusion resulting in illegal possession of firearm after the liberation, as being
similar to lack of intent to commit so grave a wrong.
9. Testifying for the prosecution without being discharged from the information, as being like a plea of
guilty.
10. Acting out of embarrassment and fear caused by the victim because of gambling debts of the accused,
as akin to passion or obfuscation.
11. Retaliating for having been assaulted during a public dance where the accused was well known and
respected, as similar to vindication.
Chapter Four
CIRCUMSTANCE WHICH AGGRAVATE CRIMINAL LIABILITY

Article 14. Aggravating circumstances.

ARTICLE 14. AGGRAVATING CIRCUMTANCES

- those which, if attendant in the commission of the crime, serve to increase the penalty without,
however, exceeding the maximum of the penalty provided by law for the offense.

What is the BASIS?

Based on the greater perversity of the offender because of:

a. the motivating power itself

b. the place of commission
c. the means and ways employed
d. the time of commission
e. personal circumstance

4 KINDS OF AGGRAVATING CIRCUMTANCES

1. GENERIC - generally apply to all crimes

Paragraphs 1, 2, 3, 4, 5, 6, 9, 10, 14, 18, 19, 20

2. SPECIFIC - apply only in particular crimes

Paragraphs 15, 16, 17, 21
3. QUALIFYING - change the nature of the crime
4. INHERENT - necessarily accompany the commission of the crime.
Example: Evident Premediation
(Robbery, theft, estafa, adultery, and concubinage)

Aggravating Circumstances which DO NOT INCREASE the PENALTY

1. Which themselves constitute a crime

2. Included by law in defining a crime
3. Inherent aggravating circumstances

Article 14. Aggravating circumstances. - The following are aggravating circumstances:

1. That advantage be taken by the offender of his public position.

Requisite:
a. The offender is a public officer
b. The commission of the crime would not have been possible without the powers, resources and
influence of the office he holds.

2. That the crime be committed in contempt or with insult to the public authorities.
Requisites:
a. The offender knows that a public authority is present
b. The public authority is engaged in the exercise of his functions
c. The public authority is not the victim of the crime
d. The public authority's presence did not prevent the criminal act

3. That the act be committed with insult or in disregard of the respect due the offended party on
account of his rank, age, or sex, or that is be committed in the dwelling of the offended party, if
the latter has not given provocation.

4. That the act be committed with abuse of confidence or obvious ungratefulness.

5. That the crime be committed in the palace of the Chief Executive or in his presence, or where
public authorities are engaged in the discharge of their duties, or in a place dedicated to religious
worship.

6. That the crime be committed in the night time, or in an uninhabited place, or by a band,
whenever such circumstances may facilitate the commission of the offense.

Nighttime, Uninhabited Place or by a Band Aggravating when:

a. it facilitated the commission of the crime
b. especially sought for by the offender to insure the commission of the crime or for the purpose of
impunity
c. when the offender took the advantage thereof for the purpose of impunity
d. commission of the crime must have began and accomplished at nighttime

Whenever more than three armed malefactors shall have acted together in the commission of an
offense, it shall be deemed to have been committed by a band.

7. That the crime be committed on the occasion of a conflagration, shipwreck, earthquake,

epidemic or other calamity or misfortune.

Requisites:
a. Committed when there is a calamity or misfortune
1. Conflagration 2. Shipwreck 3. Epidemic
b. Offender took advantage of the state of confusion or chaotic condition from such misfortune
Basis: Commission of the crime adds to the suffering by taking advantage of the misfortune

8. That the crime be committed with the aid of armed men or persons who insure or afford
impunity.

Requisites:
a. that armed men or persons took part in the commission of the crime, directly or indirectly
b. that the accused availed himself of their aid or relied upon them when the crime was committed

9. That the accused is a recidivist.

A recidivist is one who, at the time of his trial for one crime, shall have been previously convicted
by final judgment of another crime embraced in the same title of this Code.
10. That the offender has been previously punished by an offense to which the law attaches an
equal or greater penalty or for two or more crimes to which it attaches a lighter penalty.

4 FORMS OF REPETITION

a. Recidivism – generic
- the act of a person repeating an undesirable behavior after they have experienced
negative consequences of that behavior, or have been trained to extinguish. It is also used to refer
to the percentage of former prisoners who are rearrested for a similar offense.
b. Reiteracion or Habituality – generic
- it is essential that the offender be previously punished; that is, he has served sentence.
c. Multiple recidivism or Habitual delinquency - extraordinary aggravating
- when a person within a period of 10 years from the date of his release or last conviction of
the crimes of serious or less serious physical injuries, robbery, theft, estafa or falsification is found
guilty of any of said crimes a third time or oftener.
d. Quasi-Recidivism - special aggravating
- any person who shall commit a felony after having been convicted by final judgment,
before beginning to serve such sentence, or while serving the same, shall be punished by the
maximum period of the penalty prescribed by law for the new felony

11. That the crime be committed in consideration of a price, reward, or promise.

Requisites:
a. At least 2 principals
1. The principal by inducement
2. The principal by direct participation
b. the price, reward, or promise should be previous to and in consideration of the commission of
the criminal act

12. That the crime be committed by means of inundation, fire, poison, explosion, stranding of a
vessel or international damage thereto, derailment of a locomotive, or by the use of any other
artifice involving great waste and ruin.

13. That the act be committed with evidence premeditation.

Requisites:
a. the time when the offender determined to commit the crime
b. an act manifestly indicating that the culprit has clung to his determination
c. a sufficient lapse of time between the determination and execution to allow him to reflect upon
the consequences of his act and to allow his conscience to overcome the resolution of his will

14. That craft, fraud or disguise be employed.

CRAFT - involves intellectual trickery and cunning on the part of the accused. It is employed as a
scheme in the execution of the crime (e.g. accused pretended to be members of the constabulary,
accused in order to perpetrate rape, used chocolates containing drugs)

FRAUD -involves insidious words or machinations used to induce victim to act in a manner which
would enable the offender to carry out his design.

DISGUISE - resorting to any device to conceal identity. Purpose of concealing identity is a must

15. That advantage be taken of superior strength, or means be employed to weaken the defense.
 16. That the act be committed with treachery (alevosia).

There is treachery when the offender commits any of the crimes against the person, employing
means, methods, or forms in the execution thereof which tend directly and specially to insure its
execution, without risk to himself arising from the defense which the offended party might make.

Requisites:
a. that at the time of the attack, the victim was not in the position to defend himself
b. that the offender consciously adopted the . particular means, method or form of attack
employed by him

17. That means be employed or circumstances brought about which add ignominy to the natural
effects of the act.

IGNOMINY is a circumstance pertaining to the moral order, which adds disgrace and obloquy to
the material injury caused by the crime

18. That the crime be committed after an unlawful entry. There is an unlawful entry when an
entrance is effected by a way not intended for the purpose.

19. That as a means to the commission of a crime a wall, roof, floor, door, or window be broken.

Requisites:
a. A wall, roof, window, or door was broken
b. They were broken to effect entrance

20. That the crime be committed with the aid of persons under fifteen years of age or by means of
motor vehicles, airships, or other similar means.

21. That the Wrong done in the commission of the crime be deliberately augmented by causing
other wrong not necessary for its commission.

CRUELTY: when the culprit enjoys and delights in making his victim suffer slowly and gradually,
causing him unnecessary physical pain in the consummation of the criminal act. Cruelty cannot
be presumed nor merely inferred from the body of the deceased. Has to be proven

Requisites:
a. that the injury caused be deliberately increased by causing other wrong
b. that the other wrong be unnecessary for the execution of the purpose of the offender