Amurao Notes

CRIMINAL LAW Lecture & Recitation Notes CRIMINAL LAW 1 June 17, 2011
Page 1 of 138 Atty. Maximo Amurao
Introduction to Criminal Law

Q: What is criminal law? CRIMINAL LAW branch of law which defines crimes, treats of their nature and ro!ides for their unishment Q: "u ose Con#ress enacted a iece of le#islation, and an$ !iolation of that law, enalt$ will be a$ment of dama#es, is that criminal law? Q: "u ose the form of enalt$ will be confiscation of license, is that criminal law?
Q: %ow will $ou define a crime? &what articular act constitutes the crime &what are the elements of the acts Q: What is criminal rocedure? CRIMINAL 'R(C)*+R) bod$ of rules that enforces or re#ulates criminal law, ro!ides for the ste s in the rosecution and,or con!iction of an accusedQ: Is there an$ difference between criminal law and criminal rocedure? .esQ: What are the differences? CRIMINAL LAW &substanti!e &/)N)RALL. ros ecti!e, R)1R(AC1I2) unless fa!orable to the accused, ro!ided accused is not a habitual delin3uent &onl$ comes from the le#islati!e or law5ma6in# bod$7 ne!er from the e8ecuti!e or 4udiciar$ CRIMINAL 'R(C)*+R) & rocedural,remedial & ros ecti!e, 0+1 CAN
0)
lied
&can be romul#ated b$ the 4udiciar$ &in fa!or of the ends of substantial 4ustice
Q: who is a habitual delin3uent? A erson who within a eriod of 9: $ears from the date of his last release or con!iction of the crimes of 1) serious or less serious physical injuries, 2) robo, 3)hurto 4)estafa or 5) falsification, he is found #uilt$ of an$ of said crimes a third time or oftener ;Art <=, r c> Q: "u ose accused is a %*, will there be ros ecti!e or retroacti!e a lication of criminal law?
Q: Is criminal law the same as the R'C? .es
NO !" #$%
&os' (i))ena *+,,-./ in 0a1u *+,1,. / 2ina Acosta *+,1,. / year +,11% !m 3uinto 4 5an6 "antos 4 &anna ecson4#e7s 3uintos4Nor)y (i))anue7a4Ay)a "a)en8a1
CRIMINAL LAW Lecture & Recitation Notes
Page + of 138 Atty. Maximo Amurao
Q: What is a crime? /eneric term used to refer to a wron#doin# unished either in R'C or under a s ecial law Q: Who has the ower to enact laws? Con#ress ;Le#islati!e> Q: Is the ower of Con#ress absolute? No- 1here are limitations- It should not !iolate the constitution Q: We call our enal code, the R)2I")* ')NAL C(*), wh$, which enal code was re!ised? 1he " anish 'enal Code Q: %ow was it re!ised? &A committee was formed ursuant to Administrati!e (rder No- ?@ b$ the *e artment of Austice&1he committee was formed on (ct 9B, 9B=C &1he committee was com osed of Anacleto *iaD ;head>7 Quintin 'aredes7 Ale8 Re$es and Mariano *e Ao$a Q: %ow did the re!ision come about? &the R'C contains ro!isions of the " anish enal code, +" 'enal Code and "C decisions of the 'hili ines before the creation of the R'C Q: What are the sources of criminal law? &Re!ised 'enal Code &" ecial 'enal Laws enacted or assed b$ the 'hili ine Commission, 'hili ine Assembl$, 'hili ine Le#islature, National Assembl$, 0atasan# 'ambansa, Con#ress of the 'hili ines &'enal 'residential *ecrees issued durin# Martial Law ;onl$ because the 'resident at that time had le#islati!e ower, but #enerall$, the )8ecuti!e branch cannot issue )( or '' that are enal in nature> &" anish 'enal Code &+" 'enal Code ;we co ied the ff crimes from the +" 'enal Code: estafa, mal!ersation, etc> Q: Who has the ower to define crimes? 1he "tate Q: Wh$ does the "tate has the ower to define crimes? 0ecause of its olice ower- 1he ri#ht to rosecute and unish crimes is !ested in the so!erei#n ower, which is the Eili ino eo leQ: When did the R'C too6 effect? Aan 9, 9?F= Q: Wh$ is there a lon# la se of time in the effecti!it$ and a ro!al of the R'C? "o that '% will be familiariDed with the new ro!isions of the R'C
NO !" #$%
CRIMINAL LAW Lecture & Recitation Notes Q: Who a ro!ed the R'C? +" 'resident Q: What are the theories in criminal law? Classical, 'ositi!ist, Mi8ed
CLA""ICAL 5the ob4ecti!e is retribution 5 the em hasis is on the crime 5consistent with the sa$in# Gan e$e for an e$e, a tooth for a toothH 5 man has free will to do or not to do 5 the criminal liabilit$ arises from 6nowled#e and freedom 5man is a rational bein# 5e8am le: RA ?FC= ;%uman "ecurit$ Act of =::C> '("I1I2I"1 5the ob4ecti!e is reformation 5the em hasis is on the criminal 5belie!es that crime is a social henomenon 5sees man as a moral,human bein# 5man b$ nature is #ood 5man is e8 osed to en!ironment where man is com elled to do a crime 5e8am le: RA ?F@@ ;Au!enile Austice and Welfare Act of =::<> 'robation Law of 9?C< Indeterminate "entence Law MII)* 5combines the classical and the ositi!ist 5a lied classical theor$ for heinous crimes 5a lies the ositi!ist for economic and social crimes Q: What do we a l$ in the 'hili ines? Mi8ed- (ur s$stem is a little bit of classical and a little bit of ositi!ist- 1he R'C is classical and recent laws enacted b$ the le#islature are ositi!ist in natureQ: What is the de#ree of roof needed to con!ict an accused of a criminal char#e? 'roof be$ond reasonable doubt Q: Is this absolute? NoIn the crime of treason, '0R* is not the onl$ re3uirement- 1here is a re3uirement of the = witness rule Q: Ma$ a erson be con!icted b$ reason of the s irit of the law? No- (nl$ b$ the lan#ua#e of the law- It should be clear and in case of doubt, it should be fa!orable to the accused-
NO !" #$%
CRIMINAL LAW Lecture & Recitation Notes June 21, 2011
Q: What are the 6inds of re eals? 9- Absolute or )8 ress 5the effect is decriminaliDation 5the obliteration of a crime 5for endin# cases, the case shall be dismissed 5for those ser!in# sentence, the$ shall be released because there is no more reason for the accused to ser!e sentence =- 'artial or Im lied 5the crime is still unishable, but modified ;in terms of enalt$> 5e8am le: the case of Robin 'adilla, '* 9B<< was artiall$ re ealed b$ RA B=?@, which reduced the sentence for ille#al ossession of firearms, thus 3ualif$in# Robin 'adilla for arole F- "elf5re ealin# 5deemed re ealed u on the e8 iration of the date s ecified b$ the law 5the law dies a natural death 5e8am le: RA 9C:: ;Anti5"ub!ersion Law> and Rent Control Law Q: What is the eneral characteristic of criminal law? Criminal Law is bindin# on all ersons who li!e or so4ourn in the 'hili re#ardless of race, nationalit$, olitical affiliationQ: Is this rule absolute? No- 1he e8ce tions are: 9- 1reaties =- Laws of referential a ine territor$,
lication
Q: What is the territorial characteristic of criminal law? (nl$ crimes committed within the 'hili ine territor$ ma$ be rosecuted before 'h court Q: What is the rationale behind this? A crime is an offense a#ainst the di#nit$, authorit$ and so!erei#nt$ of the 'h territor$7 and onl$ the state in which the di#nit$, authorit$ and so!erei#nt$ has been offended has the ri#ht to unish the offenderQ: Is the territorialit$ absolute? No- 1he e8ce tions are: 9- 1reaties =- Laws of referential a
lication
Q: (ther characteristic of criminal law? 'ros ecti!e ;non retroacti!it$> )8ce tion: fa!orable to the accused )8ce tion to the e8ce tion: accused is a habitual delin3uent Q: Can $ou #i!e an e8am le of a treat$ that is an e8ce tion to the #eneralit$ J territorialit$ rinci les of criminal law?
NO !" #$%
CRIMINAL LAW Lecture & Recitation Notes 2EA
Page : of 138 Atty. Maximo Amurao
Q: Wh$ is 2EA an e8ce tion? /eneralit$ because e!en if the accused so4ourn in the 'hili ines, the accused will not be rosecuted in h courts 1erritorialit$ because e!en if the accused committed the crime in the 'hili ines, the accused will not be rosecuted in h courts Q: Who are the arties to 2EA? +" and '% Q: who are co!ered b$ the 2EA? +" militar$ ersonnel +" ci!ilian ersonnel connected to the +" militar$ o erations in the 'hili
ines
Q: Who is a +" militar$ ersonnel? militar$ members of the +nited "tates Arm$, Na!$, Marine Cor s, Air Eorce, and Coast /uard Q: Is the American Red Cross ersonnel co!ered b$ the 2EA? .es- Is he is art of the +" ersonnel Q: What are the t$ es of 4urisdiction in 2EA? )8clusi!e and Concurrent Q: What do $ou mean b$ e8clusi!e J concurrent 4urisdiction? )8clusi!e e8clusi!e of other courts7 !ests 4urisdiction on one court Concurrent both countries ha!e 4urisdiction Q: When is it e8clusi!e? '% ha!e e8clusi!e 4urisdiction crimes unishable under '% laws but not unishable under +" laws+" ha!e e8clusi!e 4urisdiction 5 crimes unishable under +" laws but not unishable under '% lawsQ: When is it concurrent? Crimes unishable both under '% and +" lawsQ: 0ut, e!en if 4urisdiction is concurrent, when will '% ha!e rimar$ 4urisdiction? &'hili ine authorities shall ha!e the rimar$ ri#ht to e8ercise 4urisdiction o!er all offenses &!specially, when it is a threat to the securit$ of the 'hili ines, a> treason b>es iona#e c>sabota#e )IC)'1: &crime committed b$ a +" ersonnel a#ainst the ro ert$ and securit$ of the +" 'h has no 4urisdiction, these includes: 9- a#ainst the ro ert$ of the +"
NO !" #$%
CRIMINAL LAW Lecture & Recitation Notes =- a#ainst the securit$ of the +" F- a#ainst the ro ert$ of another militar$ ersonnel @- a#ainst the securit$ of another militar$ ersonnel K- committed in the erformance of official duties
Page ; of 138 Atty. Maximo Amurao
Q: "u ose +" militar$ ersonnel was dri!in# at Ro8as 0l!d to deli!er a confidential letter to the +" embass$, while dri!in#, he run o!er a edestrian, which court has 4urisdiction? +"- Committed in the erformance of official dutiesQ: "u ose one ni#ht +" militar$ ersonnel went to the bar, after drin6in# and bein# so ti s$, ra ed a woman, which court has 4urisdiction? '%- Not in the erformance of official duties Q: "u ose = Eili ino citiDens wor6in# as +" militar$ ersonnel in the '% had a 3uarrel- Eili ino 9 shoots Eili ino =- Who has 4urisdiction? +"- CitiDenshi is immaterial- What is im ortant is attachment to the +" militar$ Q: "u ose the one who was in4ured filed a ci!il case for dama#es, will it ros er? No- 2EA co!ers onl$ criminal as ect
Q: 9 +" marine stole the wallet of another +" marine, who has 4urisdiction? +"- 'ro ert$ of another militar$ ersonnel Q: "u do? ose $ou are a 4ud#e, the +" wrote a letter for $ou to wai!e 4urisdiction, what will $ou /enerall$, the '% has to wai!e 4urisdiction u on re3uest of +"- 1he re3uest for wai!er cannot be re4ectedQ: Is this rule absolute? No- 1he re3uest for wai!er ma$ be re4ected if the crime is of articular im ortance RA ?<K? ;heinous crime> RA C<9: ;child abuse cases> RA ?9<K ;dan#erous dru#s> Q: "u ose +" militar$ ersonnel committed 6idna in#, who has 4urisdiction? '% courts- 1his is a crime a#ainst ersonal securit$
Q: /i!e an e8am le of Laws of 'referential A lication that is local in nature? Constitution &immunit$ suit of resident &absolute immunit$ of Con#ress for ri!ile#e s eeches &Con#ress immune from libel N(1): Art <, "ec 99, 9?BC Consti is not an e8ce tion- 0)CA+") Con#ress is onl$ immune from arrest not from rosecution Q: What else? RA CK 'ublic International Law
NO !" #$%
Page - of 138 Atty. Maximo Amurao
*i lomatic immunit$ and cannot be sued, arrested or unished b$ the law of the countr$ where the$ are officiall$ assi#ned: Ambassadors "o!erei#n or other chief of "tate Ministers leni otentiar$ or minister residents Char#e dLaffairs *omestic "er!ants of ersons mentioned N(1): Consuls and other consular officials are not e8em t from criminal liabilit$ because the$ re resent the business, commercial mercantile of their countr$7 while, ambassadors, chiefs of "tate, etc- re resent the olitical interests of their countr$ of ori#inWAR"%I' R+L) 5warshi of another countr$, e!en thou#h doc6ed in the '% is considered an e8tension of the territor$ of that countr$ Q: su ose the warshi of +" is doc6ed at "ubic, one da$, $ou went to "ubic with $our #f, brou#ht her to the shi , and then ra ed her- Will $ou be rosecuted? No- Warshi is an e8tension +" territor$ Q: su ose after ra in# her, $ou brou#ht $our #f to her arents, will $ou be rosecuted? No- Warshi rule )mbass$ Rule same as warshi rule Q: "u ose one da$, $ou shut a erson at Ro8as 0l!d, when the olice officers were runnin# after $ou, $ou 4um ed o!er the fence of +" embass$- Ma$ the officers arrest $ou, while $ou are inside the +" embass$? NoQ: What is then the remed$ of the officers ;'h #o!ernment>? )8tradition Q: su ose a Eili ina le#all$ married had se8ual intercourse with an American at the 'h embass$- Is there an$ crime committed? .es- 1he crime of adulter$, but she cannot be rosecuted under 'h courts because of the embass$ ruleQ: who else is e8em t,immune from criminal rosecution? )8ecuti!e directors of W%( Members of the Constitutional Commission Austices of "u reme Court Q: %ow about consular officials? 1he$ are not co!ered- 1he$ are not e8em t from criminal liabilit$ because the$ re resent the business, commercial mercantile interests of their countr$ of ori#in-
NO !" #$%
Q: "u ose Ambassador of Aa an to the +" committed a crime in the 'hili ines, ma$ he be rosecuted? .es, because he is not a reco#niDed di lomatic re resentati!e of his countr$ to the 'hili ines-
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M ar 95K of Art = is not an e8em tion to the territorialit$ rinci le, it is )I1RA1)RRI1(RIALI1.N Q: 1he first instance in Art =? "hould commit an offense while on 'h shi or airshi Q: What is 'h shi or airshi ? "hi re#istered with MARINA Airshi re#istered with Ci!il Aeronautics 0oard Q: What are the re3uirements in order a shi ,airshi be a 'h shi ? It must be re#istered in accordance with 'h laws Q: Wh$ not re#ister in 0ureau of Customs? 1he law re3uirin# re#istration in 0ureau of Customs had been re ealed- Now its Marina and CA0 Q: *oes '% include warshi ? No- Warshi has different rule Q: "u ose a car#o shi in QueDon #oin# to Mala$sia, within 'h territor$, 9 crew committed homicide a#ainst another crew, who has 4urisdiction? '%- 1he crime is committed in '% territor$ It is not im ortant whether car#o shi is re#istered or not, because crime committed in 'h territor$- ;1erritorialit$ rinci le> Q: "u ose that car#o shi tra!ersed throu#h international waters then reached the waters of Mala$sia, 9 crew member committed homicide a#ainst another- Which court? Mala$sia- 0ecause the crime is committed in Mala$sian waters MArt =, ar 9 ceases to a l$ if the shi is in the territor$ of forei#n countr$ MArt =, ar 9 a lies onl$ if the shi is in international waters Q: "u ose $ou li!e in a coastal town, then $ou hired an unre#istered motorboat, then $ou went to intLl waters, then $ou shoot $our #f because $ou are so de ressed because of recitations in criminal law re!iew, will $ou be liable? No- unre#istered motorboat Q: su ose in the same motorboat, a married man with his new #f went on hi#h seas, and there #ot married- Is the man liable for an$ crime? .es- %e is liable for bi#am$- ;because he contracted a second marria#e>
NO !" #$%
CRIMINAL LAW Lecture & Recitation Notes 0+1 he cannot be rosecuted because of the territorialit$ committed outside 'h territor$-
Page < of 138 Atty. Maximo Amurao rinci le- 1he crime was
Q: su ose after the weddin# ceremon$, $ou went to a resort, where there is a bi# rece tion- In that resort, $ou had $our hone$moon7 will $ou ;married man> be liable for an$ crime? No- Not concubina#e because mere se8ual intercourse not unishable, it must be under scandalous manner Q: su ose after $our hone$moon, $ou li!e to#ether in a condo in Manila, will $ou be liable? .es- Concubina#e Cohabitation7 li!in# in a se arate home as husband and wife
Q: What are the = rules? )n#lish Rule !essel is in the territor$ of another countr$, crimes committed in that area are triable in that other countr$, unless the crimes committed in!ol!e urel$ internal matters within the !essel7 the em hasis is on the territorialit$ of the !essel7 where the !essel is found Erench Rule !essel is in the territor$ of another countr$, crimes committed in that area are not triable in that countr$, unless the crimes committed ha!e endan#ered the eace and securit$ of that countr$7 the em hasis is on the nationalit$ of the !essel7 4urisdiction lies where the merchant !essel is re#isteredM1he '% adheres to the )n#lish rule Q: Car#o shi , re#istered in 'anama while in Manila, 9 crew member shoot the other crew member, who has 4urisdiction? 'h courts- Crime committed in manila Q: Car#o shi , re#istered in 'anama, carried shabu, which court has 4urisdiction? 'h courtsQ: "econd instance in Art =? Art = ar =#hould for e or counterfeit any coin or currency note of the $hilippine Islands or obli ations and securities issued by the %o&ernment of the $hilippine Islands Q: what ma$ be the sub4ect of for#er$? An$ coin, Currenc$ Note, obli#ations and securities issued b$ the /o!ernment of the 'hili ine Islands Q: "u ose $ou ha!e a rintin# ress in 1aiwan, and $ou rinted 0a#on# Li unan notes ;martial law>, liable? No- 0ecause 0a#on# Li unan notes are not le#al tender Q: "u ose coins withdrawn from circulation, liable? .es- 1he law does not distin#uish- It sa$s AN. C(IN
NO !" #$%
CRIMINAL LAW Lecture & Recitation Notes Q: "u ose in $ou tam ered a lotto tic6et, liable? .es- Lotto tic6et is obli#ations and securities issued b$ the /'I
Page 1, of 138 Atty. Maximo Amurao
Q: #i!e e8am les of obli#ations and securities of /'I 1reasur$ bills, lotto tic6ets, bonds of the 0"' M(bli#ations and "ecurities of /"I", """, Landban6 are not of the /'I because the$ ha!e their own charter Q: an$ other instance? Art 2, par 3 #hould be liable for acts connected with the introduction into these islands of the obli ations and securities mentioned in the presidin number Mthose who introduced the counterfeited items are criminall$ liable, e!en if the$ were not the ones who counterfeited the obli#ations J securities Mon the other hand, those who counterfeited the items are criminall$ liable e!en if the$ did not introduce the counterfeit items Q: an$ other instance? Art 2, par. 4 'hile bein public officers or employees, should commit an offense in the e(ercise of their functions Q: who is a ublic officer? )see "rt 2*3) &ta6in# art in the erformance of ublic functions in the #o!ernment, or erformin# in said #o!ernment or in an$ of its branches ublic duties as an em lo$ee, a#ent or subordinate official, of an$ ran6 or class7 and &that his authorit$ to ta6e art in the erformance of ublic functions or to erform ublic duties must be a- b$ direct ro!ision of the law, or b- b$ o ular election, or c- b$ a ointment b$ com etent authorit$ Q: "u ose '% ambassador to /erman$ was #i!en +"* =::,::: as a fund to reno!ate the '% embass$ buildin# in /erman$- %e used onl$ +"* K:,::: for the reno!ation, and #a!e the +"/ 9K:,::: to his number = in /erman$- Is he ;ambassador> liable? .es- %e is liable for mal!ersation of ublic funds- %e ma$ be rosecuted in 'h courts%e was in custod$ of the mone$ b$ reason of his official functions Q: "u ose our AE' hi#h officials were tas6ed to scout for firearms abroad, and while the$ are ne#otiatin# with forei#n com anies abroad, these com anies inserted +"*9::: in the ro osal folder in antici ation that their com an$ will be chosen b$ AE' to be the su lier of our firearmsMa$ these AE' officials be liable? .es- 1he$ are liable for briber$Q: ;follow5u > )!en if the act of acce tin# the bribe was committed abroad, will the$ still be liable?
NO !" #$%
.es, because the act was committed in relation or while the AE' are in dischar#e of their official functionsQ: "u ose Chairman Abalos ;comelec> while la$in# #olf in "han#hai, China recei!ed +"*K:,::: in relation to the O1)? Is there a crime committed? Ma$ he be liable? Crime anti #raft J corru t ractices act 0+1, he cannot be liable, rosecuted before 'h courts because Abalos has nothin# to do with O1) ; a6i alamera lan# si$a>- 1herefore, he recei!ed the mone$ not in connection with his official functionQ: "u ose the '% ambassador to Australia is le#all$ married- Can he be rosecuted for concubina#e? No- Crime was committed outside '% Crime was not in relation to official functions !lements of concubina e+ 9- 1hat the man must be married=- 1hat he committed an$ of the followin# acts: a- Pee in# a mistress in the con4u#al dwellin#b- %a!in# se8ual intercourse under scandalous circumstances with a woman who is not his wifec- Cohabitin# with her in an$ other laceF- 1hat as re#ards the woman she must 6now him to be married Q: Can the '% ambassador use immunit$ from suit as a defense a#ainst '% courts? No Q: '% ambassador, married, had se8ual intercourse with her American bo$friend in the comfort room of '% embass$- Ma$ he be rosecuted? .es- 'h embass$ is an e8tension of 'h territor$ ,or what crime - adultery Q: ma$ the American citiDen bf be liable for an$ crime? .es- Adulter$ !lements+ &1hat the woman is married ;e!en if marria#e subse3uentl$ declared !oid> &1hat she has se8ual intercourse with a man not her husband&1hat as re#ards the man with whom she has se8ual intercourses, he must 6now her to be marriedQ: Last instance? Art 2, par 5 #hould commit any of the crimes a ainst national security and the law of nations, defined in .itle /ne of 0oo1 .wo of this Code2 Q: /i!e e8am le of crimes a#ainst national securit$? 1reason, es iona#e, cons irac$ to commit treason Q: %ow about rebellion?
NO !" #$%
CRIMINAL LAW Lecture & Recitation Notes No- rebellion is crimes a#ainst ublic order Q: crimes committed b$ the MILE? No- Crime a#ainst ublic order Q: e8am le of !iolation of the law of nations? Anti terror law Crimes a#ainst humanit$ /enocide Q: what are the = 6inds of irac$? 'irac$ under the R'C 'irac$ under '* KF=
Page 1+ of 138 Atty. Maximo Amurao
Q: what does Art = co!ers? 'irac$ under R'C onl$- 0ecause irac$ under '*KF= is committed within '% waters
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Q: What are felonies? Acts and omissions unishable b$ law are felonies ;delitos>Q: What do $ou mean b$ G unishable b$ lawH 'unishable b$ the R'C Q: how felonies are committed? Eelonies are committed not onl$ be means of deceit ;dolo> but also b$ means of fault ;culpa>Q: What is dolo? What is cul a? 1here is deceit when the act is erformed with deliberate intent and there is fault when the wron#ful act results from im rudence, ne#li#ence, lac6 of foresi#ht, or lac6 of s6illM2iolations of R'C felon$ M2iolations of s ecial enal law offenses M!iolations of ordinance misdemeanor ;minor infraction of the law> Q: What are the re3uisites of felon$? 9- Act or omission =- R'C F- 2oluntar$ a- Ereedom b- Intelli#ence c- Intent MALL M+"1 0) 'R)")N1 IN (R*)R 1( INC+R CRIMINAL LIA0ILI1. Q: Is ille#al ossession of bladed wea on a felon$? No- It is not under the Re!ised 'enal Code
NO !" #$%
Att$- Amurao Lecture %i#hli#hts: 3.o be considered as a felony there must be an act or omission4 a mere ima ination no matter how wron does not amount to a felony2 3"n act refers to any 1ind of body mo&ement that produces chan e in the outside world2 ,or e(ample, if you ha&e in your mind that you will rape this beautiful lady, but you did not rape her, you will not be liable2 3"ctus non facit reum, nisi mens sit rea )an act of a criminal should be coupled by a criminal mind) 3It does not mean that if an act or omission is punished under the 5e&ised $enal Code, a felony is already committed2 .o be considered a felony, it must also be done with dolo or culpa2 3If you do not ha&e freedom, the act is not &oluntary4 the act is not a felony 3.hese are amplified in the some pro&isions of the 5$C, li1e6 Intelli ence - art 12 - insanity, imbecility, minority ,reedom - art 12 - under compulsion of some irresistible force4 fear of reater injury Intent - art 12 - by mere accident w7out fault or intent to cause harm 38ista1e of fact is a &alid defense Q: What are the differences between MALA IN ") and MALA 'R(%I0I1A MALA IN ") &intent is essential &#ood faith is a !alid defense &honest mista6e of fact is a defense & unishable under R'C &condemned b$ societ$ &act done must be criminal intent MALA 'R(%I0I1A &intent is not essential &#ood faith is not a !alid defense &honest mista6e of fact is not a defense & unishable under s ecial laws &in4urious to ublic welfare &it is sufficient that the rohibited act was done
Q: #i!e e8am les of Mala In se? R'C homicide, murder, arricide, arson Q and so onQ Q: #i!e e8am les of Mala rohibita Anti Eencin# Law 0ouncin# Chec6 Law Ille#al 'ossession of Eirearms Anti %uman 1raffic6in# Law
NO !" #$%
CRIMINAL LAW Lecture & Recitation Notes Anti %i4ac6in# Lac6
Q: "u ose $our bf is a olice officer, 9 da$ while $ou were ha!in# $our date in Luneta 'ar6, $our bf had to answer the call of nature, so he handed to $ou his istol, while $ou were holdin# it, the officers arrested $ou, ma$ $ou be liable for ille#al ossession of firearms? No- 1ransient 'ossession not liable Althou#h I was in ossession, althou#h I ha!e no license to osses, "till not liable because I ha!e no intent, and this is an e8ce tion to mala rohibita Q: "u ose the olice officers are runnin# after a man, then the man throw his -@K caliber, $ou were around the corner and $ou e8tended $our arms, then the firearm fell on $our hands, ma$ $ou be liable for ille#al ossession? No- 1ransient ossession Q: "u ose I ;att$- Amurao> morta#ed m$ firearm to $ou for F: da$s, and on the =:th da$, there was a raid in $our house, ma$ $ou be liable for ille#al ossession? .es- 1here is animus ossendi an act or omission Act any physical mo&ement of the bod$ ;Amurao>7 any bodily mo&ement tendin# to roduce some effect in the e8ternal world ;Re$es> Omission means inaction7 the failure to perform a ositi!e dut$ which one is bound to do7 there must be a law re3uirin# the erformance of an act and unishin# the omission7 e#- arbitrar$ detention7 mis rision of treason punishabl b! th R "is # $ nal Co# MWhen there is a conflict between special penal laws and the Revised Penal Code, in terms of the application of penalties, what to follow? MWhat is im ortant is the definition and the classification of the act ;whether it is an offense or a felony> #pecial $enal Laws R enalties are stated in terms of years, months, days 5e&ised $enal Code R enalties are stated in terms of de rees, with death as the hi hest penalty7 classified as indi&isible or di&isible a- indi!isible R death and ublic censure b- di!isible ;has F eriods7 what eriod to a l$ is de endent on the a##ra!atin# and miti#atin# circumstances resent in the case> $ nalti s un# r th R$C %in # sc n#in& or# r in t rms o' # &r *eath or Ca ital 'unishment 5 indi&isible (
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CRIMINAL LAW Lecture & Recitation Notes Reclusion 'er etua ;=:$rs J 9da$ @:$rs> Reclusion 1em oral ;9=$rs J 9da$ =:$rs> 'rision Ma$or ;<$rs J 9da$ 9=$rs> 'rision Correccional di&isible or *estierro ;<mosJ9da$ <$rs> Arresto Ma$or ;9mo J 9da$ <mos> Arresto Menor ;9da$ F:da$s> Eine 'ublic Censure indi&isible th acts #on shoul# b voluntary ;Amurao>
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voluntary 5 the concurrence of intelligence, freedom, intent ;(rte#a> Mall should be present in order to incur criminal liabilit$ ;a> intelli ence no intelli#ence, no criminal liabilit$7 e#- children 9K $rs old J below are e8em t from criminal liabilit$ ;RA ?F@@> ;b> freedom no freedom, act is not !oluntar$, no criminal liabilit$ ;c> intent essential to a felon$7 rosecution has to ro!e intent7 ood faith is a defense "rticle 12 of the 5$C ;)8em tin# Circumstances> is am lified b$ the im ortance of the element of !oluntariness: ;a> intelli#ence insanit$,imbecilit$ SArt-9=;9>T7 minorit$ SArt-9=;=JF>T ;b> freedom under the com ulsion of some irresistible force SArt-9=;K>T7 fear of #reater in4ur$ SArt-9=;<>T7 failure to erform an act re3uired b$ law when re!ented b$ some lawful or insu erable cause SArt-9=;C>T ;c> intent b$ mere accident w,o fault or intent to cause harm SArt-9=;@>T Alibi used in defense sa$in# that the act or omission was not done at all7 intends to dispro&e the e(istence of an act or omission7 wea est defense7 can easil$ be fabricated7 e#- 2iDconde case WebbLs alibi R he ar#ued that he was in the +" when the crime ha ened, therefore, he could not ha!e 6illed the !ictims, claimin# that he is innocent "ctus non facit reum, nisi mens sit rea an act of a criminal should be cou led b$ a criminal mind the defense of honest mista e of fact 5 the act done b$ the accused would ha!e constituted: ;a> a 4ustif$in# circumstance ;Art-99, R'C> 5 in all instances R no criminal liabilit$7 no ci!il liabilit$ ;b> an absolutor$ cause SArt-=@C;=>T
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CRIMINAL LAW Lecture & Recitation Notes ;c> an in!oluntar$ act
Page 1; of 138 Atty. Maximo Amurao
R )uisit s 'or honest mista e of fact as a # ' ns * 1. that the act done would ha!e been lawful had the facts been as the accused belie!ed them to be 2. that the intention of the accused in erformin# the act should be lawful 3. that the mista6e must be without fault or ne#li#ence,carelessness on the art of the accused Cas s on hon st mista+ o' 'act* 1! "# v! $h Chong ;landmar6 case> 5 Ah Chon# 6illed friend 'ascual thin6in# he was a thief,ladron 5 there was sufficient warnin# on the art of accused7 accused was ac3uitted 2! "# v! $pego 5 accused 6illed her brother5in5law in fear of bein# ra ed7 #uilt$ of homicide %! People v! &anis 5 olicemen 6illed the wron# erson w,o warnin#7 #uilt$ of murder '! People v! (ayambao 5 accused 6illed his brother5in5law thin6in# he was an outlaw 5 brother5in5law acted as if he #oin# to attac67 accused was ac3uitted Moti" 5 special reasons that impel the accused to act ;Amurao> 5 the mo&in power which im els one to action for a definite result ;Re$es> 5 not an essential element of a felon$ 5 e!idence of moti!e is necessary only in case of: ;9> doubt in the identit$ of the accused ;Amurao>, ;=> two conflictin# !ersions of the crime 5 moti!e is established b$ the testimon$ of the witness 5 lac6 of moti!e ma$ be an aid in showin# innocence ,isc rnm nt abilit$ of the accused to determine ri ht from wron
-.c ptions to th & n ral rul on malum prohibitum crim s %$L-A/- R-0-R 1O R-2-/ 3OO4( 1. Cuenca v! People 5 Cuenca was ac3uitted b$ the "C from the crime of ille#al ossession of an unlicensed firearm7 it is said that the "C erred in its decision ;Amurao> 2. People v! )andicho 5 con!icted b$ the trial court7 decision re!ersed b$ the Court of A eals 5 the CA held that con!ictin# the accused would be sacrificin# substantial 4ustice for mere technicalit$
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3. People v! *allare 5 case was about the dela$ of the issuance of the license 5 the accused con!icted b$ the trial court7 decision re!ersed b$ the CA 5 the CA held that the blame should be ut on the #o!ernment not on the a licant of the license 4. mere transient possession of unlicensed firearm 5 not criminall$ liable 5 in the crime of ille al possession of unlicensed firearm, for an accused to be criminall$ liable, there should be animus posidendi or 9intent to possess:
"rticle 4
Conce t of ro8imate cause in4ur$ inflicted Q: What is ro8imate cause? $ro.imat caus is that cause which sets into motion other causes and which unbro6en b$ an$ efficient su er!enin# cause roduces a felon$ without which such felon$ could not ha!e resulted As a #eneral rule, the offender is criminall$ liable for all the conse3uences of his felonious act, althou#h not intended, if the felonious act is the ro8imate cause of the felon$ or resultin# felon$A ro8imate cause is not necessaril$ the immediate cause- 1his ma$ be a cause which is far and remote from the conse3uence which sets into motion other causes which resulted in the felon$Imm #iat caus infection Q: What is efficient inter!enin# cause? )fficient Inter!enin# Cause interru ted the natural flow of e!ents leadin# to oneLs death &2ictim is under no obli#ation to submit to medical treatment to reduce or miti#ate the liabilit$ of the accusedQ: A, 0, C hold u a bus, a assen#er ran awa$, hit b$ the car, assen#er died- Who is liable? A0C Q: %old u in a nearb$ #rocer$ store, old man suddenl$ colla sed seein# the commotion, old man e!entuall$ died, who is liable? Robbers Immediate cause heart failure
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Q: "u ose Att$ Amurao durin# recit, $ou colla sed, hit the table and massi!e bleedin#, dead on arri!al, is amurao liable? No- Recit is not a crime Q: su ose because of $our wron# answers, amurao shouted defamator$ words, liable? .es- Amurao committed slander
Q: Is it wron# to lo!e a married erson? No- As lon# as it does not #o be$ond that oint Q: "e8ual intercourse with a married woman, while doin# the act, the woman had heart attac6, will $ou be liable? .es- .ou committed adulter$ Q: Man married, had a se8ual intercourse with a sin#le woman, the woman had heart attac6, died- Will $ou be liable? No- Concubina#e is not committed Q: If under a tree in Luneta? .es- Liable for concubina#e, under a scandalous manner Q: both sin#le, man is a teacher, woman is a student, liable? No- 1here is no crime Q: If the student is under 9B $ears old, will $our answer be the same? No- 1his time there is a crime- Qualified seduction or ra e b$ #ra!e abuse of authorit$ Q: What is an im ossible crime? Q: /i!e the case of Intod Q: /i!e the elements of im ossible crime !is5U5!is facts of Intod Q: /i!e the case of '' ! Aacinto? Q: do $ou a#ree with the decision? Q: %ow is theft committed? Q: Is it an element that the accused should ma6e or actuall$ rofit? No Q: Ma$ a erson be liable if he did not commit a crime? .es- Im ossible crime- 1echnicall$ no crime, sub4ecti!el$ there is a crime Q: What is the enalt$? Arresto Ma$or or a fine ran#in# from =:: to K::
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CRIMINAL LAW Lecture & Recitation Notes M+rbano case Q: what is the ne#li#ence committed b$ Aa!ier?
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Caus s 5hich ma! pro#uc a r sult #i'' r nt 'rom that 5hich th o'' n# r int n# #, as cont mplat # in Art. 4 %1( 1. there is a mista e in the identity of the !ictim 5 also 6nown as error in personae7 or napa 1amalan 5 not a defense in a criminal case7 not e!en a miti#atin# circumstance 2. there is a mista e in the blow 5 also 6nown as aberration ictus 5 not a defense in a criminal case7 not e!en a miti#atin# circumstance 3. the in+urious result is greater than that intended 5 also 6nown as praeter intentionem Article @;9> contem lates that there should be a felony being committed 5 em hasis is not on the mere wron ful act7 it should constitute a felony 5 e#- the act of committin suicide results to others bein injured R punishable under "rt24)1) because althou#h not intended, the in4ur$ was caused b$ means of culpa, which can constitute a felon$ Article @;9> does not apply if the act committed constitutes a crime punishable by special law Concubina e 5 instances 5 a husband brin#in# home a woman, that is not his wife, to the con4u#al dwellin# 5 ha!in# se8ual intercourse under scandalous circumstances 5 cohabitation7 li!in# in a se arate home as husband and wife $ro.imat Caus 5 there is a chain of causes from an ori#inal act that results to an in4ur$ 5 if the result can be traced bac1 to the ori inal act, then the doer of the ori#inal act can be held liable -''ici nt Int r" nin& Caus interrupted the natural flow of e!ents leadin# to oneLs death Q: What is im ossible crime? What is the reason for unishin#? "u ress criminal ro ensit$ Q: "u ose son for#ed si#nature of his father in a chec6, the de osited the chec6, but was dishonored, is this im ossible crime? No- Ealsification of commercial document- Eor#er$ is a crime a#ainst ublic interest /i!e the elements of for#er$ Q: .our room mate 6u6unin $un# 4ewelr$ na nasa cabinet na na6a5loc6, ta os wala ala $un# 4ewelr$ dun sa cabinet, im ossible crime? No- 1heft of 6e$ un# taman# sa#ot
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CRIMINAL LAW Lecture & Recitation Notes Mwoman lan# an# wede for forcible abduction Instanc s 5h n th r is a pro.imat caus an# 5h n th r is non When there is an intervening disease and the disease is: %a( closely related to the wound;s> R accused is criminally liable
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%b( unrelated to the wound;s> R accused is not criminally liable, because the disease not associated with the wound;s>, e#brain tumor %c( a combined force with the wound;s> R accused is criminally liable, because the mortal wound is a contributin factor to the &ictim;s death A mortal wound is a contributing factor when: i- the wound,s- is,are sufficient to cause &ictim;s death alon# with the disease ii- the mortal wound was caused b$ actions committed by the accused
2. When the death was caused b$ an infection of the wound due to the uns illed medical treatment from the doctors: ;a> if the wound is mortal R accused is criminally liable, because the uns1illed treatment < infection are not efficient inter&enin causes mortal wound V uns1illed medical treatment onl$ R accused is criminally liable because the mortal wound naturally led to the death of the !ictim ;b> if the wound is slight R accused is not criminally liable, because the uns1illed treatment < infection are efficient inter&enin causes &In "rbano v! .$C, the wound caused b$ accused +rbano was alread$ treated and was in the normal process of healin which is in a ro8imatel$ @wee6s7 but because deceased Aa!ier did not wait for the wound to heal and still wor6ed b$ fishin#, his wound #ot infected with tetanus which caused his death- 1he actions of the deceased when he still wor1ed without waitin for his wound to heal was an efficient inter&enin cause , thus the accused is not liable for his death an$moreQ: What is the purpose for unishin# an im ossible crime? 1he purpose of unishin# an im ossible crime is to pre&ent or suppress the criminal tendency of the accused
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Page +1 of 138 Atty. Maximo Amurao
'ersons found #uilt$ of im ossible crimes are sentenced to arrestor ma$or ;9mo-9da$ to <mos-> ursuant to Article K? of the Re!ised 'enal Code /bjecti&ely, there is no crime #ubjecti&ely, the crime is present #hould there be a crime committed, in order to be held liable for an im ossible crime? /0#7 the act,s- should constitute a crime against persons or property R )uisit s 'or an impossibl crim un# r Articl 4%2( 1. that the act erformed would be an offense a ainst persons or property 2. that the act was done with e&il intent 3. that its accomplishment is inherently impossible or that the means employed is either inade=uate or ineffectual 4. that the act erformed should not constitute a &iolation of another pro&ision of the Re!ised 'enal Code Rape used to be a crime a#ainst chastit$7 but because of RA BFKF, ra e was reclassified as a crime against persons, therefore, one can now be held liable for the im ossible crime of ra e In People v! .ntod, the Court erred in its decision of considerin# the acts of the accused as an im ossible crime under Art-@;=> of the R'C because the 4th element7re=uisite was not satisfied1he acts of the accused of shootin# at the house and dama#in# the same, can constitute as malicious mischief, which is a crime a ainst property- 1herefore, the accused should ha!e been char#ed with the latter instead of findin# them #uilt$ onl$ of the im ossible crime of murderJuly ', 2011 Q: Who incurs criminal liabilit$? Q: What is a ro8imate cause? Q: if there is a crime intended and a crime committed is different, what is the e8tent of criminal liabilit$? 1he lesser enalt$ will be im osedIf the crime intended has a lesser enalt$, then that will be char#ed If the crime committed has a lesser enalt$, then that will be char#ed Q: "u ose $ou will rob a 4ee ne$, because of fear, the assen#er 4um ed of and died, will be liable? .es- 0ecause I am committin# a felon$, and I am liable for its effectsQ: "u ose Amurao durin# $our recit, ointed a #un at $ou because of $our wron# answers, then $ou colla sed and died- is amurao liable? .es- 1here is #ra!e threat Q: "u ose the #un was a to$ #un, liable? .es, still liable- 1here is still threat
NO !" #$%
Page ++ of 138 Atty. Maximo Amurao
Q: "u ose because of $our low #rade in criminal law re!iew, $ou brea6 u with $our bo$friend bein# so sad, $our bf colla sed and died, liable? No- 0rea6in# u is not a felon$ Q: "u ose while $ou and $our bo$friend is doin# the act itself ;do I need to elaborateWalam mo na $an>, $our bf colla sed and died, will $ou be liable? No- 1he act of ha!in# se8 is not a felon$Q: e!en if $ou are not married to each other? .es sir Q: su ose $our bf is married, are $ou liable? .es- Concubina#e
Q: "u ose man had se8ual intercourse with married woman, but the woman consented, crime? Adulter$
"rticle 5
Articl 5%1( R )uir m nts* 1. the act committed by the accused a ears to be not punishable by law
2. but the court deems it proper to repress such act 3. in that case, the court must render the proper decision by dismissin the case and ac=uittin the accused 4. the jud e must then ma1e a report to the Chief )8ecuti!e throu#h the "ecretar$ of Austice statin# the reasons which induce him to belie!e that the said act should be made the subject of penal le islation
3asis 'or Articl 5%1(* 9>ullem crimen, nulla poena sine le e2:5 1here is no crime if there is no law that unishes the act 1hy dismiss2 In the absence of a law that will unish the accused, the 4ud#e cannot im ose a enalt$ because the duty of the jud e is only to interpret or apply the law4 the jud e cannot reprimand or curse the accused because it would e=uate to public censure4 the reprimand would be inconsistent with the ac=uittal Articl 5%2( 6 03cessive Penalties
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CRIMINAL LAW Lecture & Recitation Notes Q: What are the re3uirements?
1. the court after trial finds the accused uilty 2. the penalty pro&ided by law and which the court im oses for the crime committed appears to be clearly e(cessi&e because: ;a> the accused acted with lesser de ree of malice and,or ;b> there is no injury or the injury caused is of lesser ra&ity 3. the court should not suspend the e(ecution of the sentence 4. the jud e should submit a statement to the Chief !(ecuti&e throu#h the "ecretar$ of Austice, recommendin e(ecuti&e clemency 1he $resident has the power to rant e(ecuti&e clemency, throu#h ardon, arole, commutation ;reduction of sentence>, re rie!e or amnest$ Articl 5%2( may not be invo ed in cases in&ol&in acts mala prohibita because said article only applies to acts mala in se because the rulin# is based on the hrase in the ro!ision, ta es into consideration the degree of malice
"rticle ?
Q: What are the sta#es in the commission of a felon$? Consummated a felon$ is consummated when all the elements necessar$ for its e8ecution and accom lishment are resent 4rustrated 5 it is frustrated when the offender erforms all the acts for e8ecution which would roduce the felon$ as a conse3uence but, ne!ertheless, do not roduce it b$ reason of causes inde endent of the will of the er etrator $ttempted there is an attempt when the offender commences the commission of the felon$ directl$ b$ o!ert acts and does not erform all the acts for e8ecution which should roduce the felon$ b$ reason of some cause or accident other than his own s ontaneous desistance NO1-* A"ailabl onl! in R$C. Q: /i!e e8am le of each ;consummated, frustrated, attem ted> Q: What are the hases? /ub7 cti" phas from the time the offender commences the commission u to the performance of the last act where he still has control7 an attempted felony is committed within the sub4ecti!e hase and does not #o be$ond this hase Ob7 cti" phas frustrated and consummated felonies are within the ob4ecti!e hase ;a> frustrated the felon$ is com lete but still is still not roduced as far as the offender is concerned ;b> consummated when all the elements under the Re!ised 'enal Code are resent
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R0*0*(0R5 in $rson %a( consummated R so lon# as a art of the buildin# is burned, no matter how small %b( frustrated R if onl$ the contents of the buildin# ;e#- chairs and tables> are burned %c( attempted R contents ha!enLt been burned MIntent is alwa$s established- Pahit a a rehended at the time ot in the act of brin#in#,#ettin# #asoline attem ted a din MIndeterminate sta#e intent is not $et established Q: "u ose built in cabinets, burned the clothes in the cabinet, includin# the cabinet? Consummated arson, deemed art of the bld#
Q: "u osin#, the accused brou&ht &asolin into a buildin#, 5ith th int nt to burn the buildin#, but was appr h n# # b$ the securit$ #uard7 did the crime of arson commence? 2-/, thus the accused is liable for att mpt # arson, because the brin&in& o' &asolin was alread$ an o!ert act while the appr h nsion was the reason other than his own s ontaneous desistanceQ: "u osin#, usin# the same set of facts abo!e, but 5ithout th int nt to burn the buildin#, is there criminal liabilit$? NO, in fact there is no crim , because the acts were onl$ in an in# t rminat sta& Q: "u ose the white board was burned? White board not an inte#ral art
Q: when is the crime in the attem ted sta#e? In# t rminat /ta& we do not 6now what crime is in the mind of the offender7 the crime has not $et been determined7 there are still two ossibilities when the accused was cau#ht Accordin# to 'rof- Amurao, when a erson is accused of committin# a felon$, we ha&e to first establish the crime in the mind of the offender to establish the commencement of the commission of the felony7 otherwise, the situation when he was cau#ht would be in an indeterminate stage, wherein the crime that the accused intended to do could not be determined 6heft7Robbery 5 both these crimes are committed by ta ing the ersonal ro ert$ of another and, with the intent to gain 5 the difference is that in robbery, there is the use of force or violence 5 so lon# as the act stated in the RPC is done, the crime is consummated
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Page +: of 138 Atty. Maximo Amurao
5 it does not matter how lon# the ro ert$ was in the ossession of the accused7 it does not matter whether the ro ert$ was dis osed or not7 what matters is whether or not there was 8asportacion9 R unlawful ta1in 5 momentary possession consummates the crime of theft or robber$ 5 returning the item to the owner is immaterial7 has no effect to the crime 5 upon consummation of the crime, criminal liability automatically attaches Q: $ou are wal6in# in recto, cell hone was snatched, but it was return to $ou- What sta#e? Consummated Q: su ose in a ri!ate subdi!ision, with intent to commit robber$, $ou are tin6erin# with the loc6 of a #ate, the securit$ #uard a rehended $ou- Liable? .es- Attem ted robber$ Q: su ose $ou intent to commit robber$, then $ou lace a ladder at the wall of the house, when $ou lace the ladder, $ou were a rehended- Liable? .es- Attem ted robber$ Q: if no intent? Not liable Q: accused tr$in# to o en $our car, roblem is silent with the intent, ma$ $ou be liable for attem ted theft? No( enin# the door of the car onl$ indeterminate sta#e Q: "u osin#, the accused was tin+ rin& 5ith th loc+ of the #ate of a nei#hborLs house, 5ithout th int nt to commit a ' lon!7 is he liable for an$thin#? NO, because the situation was in an indeterminate sta#e wherein it could not be determined what the accused intended to do Q: "u osin#, the accused 7ump # o" r th ' nc into another ersonLs house 5ithout th int nt to commit robber$, is he liable for attem ted robber$? NO, but he is liable for the crim o' tr spassin& M"ame with arson, when a erson is accused of committin# a felon$, we ha&e to first establish the crime in the mind of the offender to establish the commencement of the commission of the felony7 otherwise, the situation when he was cau#ht would be in an indeterminate stage, wherein the crime that the accused intended to do could not be determined In People v! )amahang, the accused was able to o en one board of the door to ri!ate res ondent 1an .uLs store, when the olice cau#ht him- 1he "C ruled that the accused is not liable for attempted robbery because the intent to rob .an @u;s store was not established, thus
NO !" #$%
Page +; of 138 Atty. Maximo Amurao
when accused was cau#ht, it was in an indeterminate sta#e- 0ut the Court held him liable for attempted trespass to dwellin In People v! #alvilla, the accused were held liable for the crime of robbery with serious ille al detention and serious physical injuries, and not frustrated robbery, e!en without physical ta1in or possession of the mone$ the$ demanded because the money was within the dominion, which the accused had control o&er and it was where the crime was bein# committed- *urin# whole time when ne otiations went on between the accused and the olice, the crime of robbery was deemed consummated Q: su ose hold u in a #rocer$ store, hold u ers as6ed the cashier to lace the mone$ inside a ba#, no one hold the mone$- Is the crime consummated? .es- 1here is constructi!e control 8ul! 5, 2911 Crimes involving the ta ing of human life7 Crimes against persons 5 these crimes are committed by illing a person )8A$I): i. Murder 6illin# a erson with attendin# or a##ra!atin# circumstances ii. :omicide 6illin# a erson without attendin# circumstances iii. $arricide 6illin# a relati!e, i-e- s ouse, arent, child, siblin#, etci". Infanticide 6illin# a child less than three ;F> da$s old 5 e!en without intent, the moment the &ictim dies, intent is presumed b$ o eration of law and the crime is consummated 5 if the &ictim doesn;t die but the wound inflicted is mortal, it is frustrated 5 if the there is no intent to 1ill, but the wound inflicted is mortal or fatal, the crime is not either 8A$I but serious physical injuries Mortal when the wound inflicted can cause the death of the victim7 when death will follow 5 for frustrated J attempted cases, it is important to determine intent to 1ill Q: "u osin#, in a car accident, the accused hits a erson causin& mortal 5oun#s, but the "ictim #o s not #i , is the dri!er5accused liable for frustrated homicide? NO, he is onl$ liable for s rious ph!sical in7uri s Rul s on crim s a&ainst p rsons %M:$I( an# th sta& s o' . cution 9- victim dies, with or without the intention to 1ill, intent is conclusi&ely presumed b$ o eration of law, the crime is consummated *:P.
NO !" #$%
Page +- of 138 Atty. Maximo Amurao
=- !ictim does not die, with the intent to 6ill, mortal wounds were inflicted, the crime is frustrated *:P. F- !ictim does not die, with the intent to 6ill, nonBmortal wounds were inflicted, the crime is attempted *:P. @- !ictim does not die because there was only an o&ert act and no wound was inflicted, but there was intent to 6ill, the crime is attempted *:P. K- !ictim does not die, without the intent to 6ill, mortal wounds were inflicted, the crime is serious physical in+uries <- !ictim does not die, without the intent to 6ill, nonBmortal wounds were inflicted, the crime is less serious or slight physical in+uries Illustration* , ath %1( .)" %2( N( %3( N( %4( N( %5( N( %<( N( in4uries .)" N( N( Int nt resumed .)" .)" ;ra"it! o' th 5oun# of course mortalN mortal wounds non5mortal wounds o!ert act onl$, no wound mortal wounds non5mortal wounds Crim Consummated M%'I Erustrated M%'I Attem ted M%'I
Attem ted M%'I "erious h$sical in4uries Less serious,"li#ht h$sical
In People v! 6rinidad, the trial court held the accused criminall$ liable of two counts of murder ;for 6illin# "oriano and Laroa> and frustrated murder ;for shootin# at 1an>- 1he "C modified the decision b$ rulin# that the accused was liable for two counts of murder and attempted murder, not frustrated, because the wound inflicted on 1an was not mortal or fatal In People v! )im #an, the trial court held the accused criminall$ liable of attem ted murder for stabbin# Pen# Pin in the left e$e- 1he "C modified the decision b$ rulin# that the accused should be liable of frustrated murder because not only was it established that there was intent to 1ill, but also the wound inflicted was mortal - It 4ust so ha ened that the !ictim did not die because of the rom t and efficient medical assistance #i!en to the !ictim- 1he treatment was the cause inde endent of the will of the accusedIn *ondragon v! People, the "C held that the accused was onl$ uilty of less serious physical injuries because when the accused and the !ictim were hac6in# each other with their bolos,
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there was no intent to 1ill on neither art$7 and also because the !ictim did not die since the wounds were not mortal R$P0 5 the crime of rape is consummated b$ mere penetration of the male or#an, no matter how slight C+ #upposin , the enetration was onl$ = millimeters dee , consummated? /0#, no matter how sli#ht the enetration is, it is still consummated C+ #upposin , the ra e was consummated because there was enetration, but accordin# to the medical e8amination, the !ictim was still a !ir#in, can the accused still be held liable for consummated ra e? /0#, as lon as there is penetration, the rape is consummatedIn People v! &rita, the medical e8aminer testified that the !ictim was still a !ir#in therefore the ra e ma$ not ha!e been consummated- 0ut the "C ruled that the testimony of the &ictim herself should be i&en reater wei ht because she herself can feel whether or not there was penetrationInstances of attempted rape: 5 when the s1irt of the &ictim has been lifted, no matter what osition 5 when the accused mounted on the body of the !ictim 5 when there is epidermal touchin of the #enital or#ans of the accused and the !ictim 1he difference between attempted rape and acts of lasciviousness is that with the former, there is carnal nowledge or the intent to have se3ual intercourse is established 6here is no such thing as frustrated rape7 the onl$ e8ce tion was when the "C ruled in 'eo le !- )riXa that the accused was #uilt$ of frustrated ra e- 1hereafter, no one has since been held #uilt$ of frustrated ra e0#6$4$ 5 the elements for the crime of estafa are ,1- deceit, and ,2- damage 5 without one of the two elements, estafa would not be consummated In "# v! ;omingue<, the "C ruled that the accused was uilty of frustrated estafa because before accused could cause dama#e b$ dis osin# of the mone$ that he deceitfull$ too6, he was a rehended b$ their storeLs su er!isor, which was the cause inde endent of the will of the accused&6:0R .=#6$=C0# 4&R :&*.C.;0 $=; &6:0R CR.*0# C+ #upposin , with intent to ill, the accused pulls out a gun then points it at someone, what crime is the accused liable for? $ttempted homicide
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Page +< of 138 Atty. Maximo Amurao
C+ #upposin , with intent to ill, the accused fires a gun at someone but misses, what crime is the accused liable for? $ttempted homicide C+ #upposin , usin# the same set of facts, but without the intent to ill, what crime is the accused liable for? 5 for pulling out the gun and pointing it R grave threat 5 for firing the gun R illegal discharge of firearm ;obsolete7 must be deleted> C+ #upposin , with intent to ill, the accused fires a gun at someone, then accused lea&es thin1in that the &ictim is already dead- 1he accused did not 6now that he missed because the &ictim played dead- What crime is the accused liable for? $ttempted homicide, attem ted because there was no wound, but there was still intent to 6ill- What is im ortant is that there was no wound C+ #upposin , with intent to ill, the accused fires a gun at someone, then accused lea&es thin1in that the &ictim is already dead - 1he victim is hit but it is not fatal or mortal - What crime is the accused liable for? "till $ttempted homicide, because what is im ortant is the e(tent or gravity of the wound- ,People v! &rinagaQ: su ose a sales lad$ in the de artment store, lace the 4ewelr$ inside her ba#, but the 4ewelr$ was reco!ered b$ the securit$ #uard, crime? Consummated 3ualified theft Q: will reco!er$ affect the sta#e of the commission? No Q: "u ose the sales lad$, !oluntaril$ returned, crime? "till 3ualified theft1a6in# consummates the crime ose the sales lad$, sold the 4ewelr$ and used the mone$, crime? )stafa ose the sales lad$, sold the 4ewelr$ and returned the mone$ at < m? Erustrated )stafa
Q: su Q: su
Q: su ose = crew members disco!ered the resence of a stow awa$ and the$ want to eliminate the stow awa$, so the$ decided throw the stow awa$ in the sea, where there is shar ob4ect, but after $ou lea!e, a fishin# !essel was there to hel the stow awa$, there was no wound, crime? Erustrated murder IN1-N1 1O 4ILL Q: F armarlite shots nei#hbor but did not hit? Attem ted
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CRIMINAL LAW Lecture & Recitation Notes Q: distin#uish from ille#al dischar#e of firearm No intent to 6ill Q: distin#uish from #ra!e threat? 1here is intent to 6ill Q: su ose there are ?? wounds, but none was mortal? Attem ted
Q: what is an o!ert act? "omethin# $ou see, feel, touch ;do not relate to criminal offense at first>
"rticle D
Q: What are li#ht felonies? )ight felonies are infractions of law which ha!e the unishment of arresto menor or a fine not e8ceedin# =:: esos ; n ral Rul * Li ht felonies are punishable onl$ when the$ ha!e been consummated R ason* in!ol!es insi nificant moral and material injuries7 if not consummated, the wron# done is so sli#ht that a penalty is unnecessary -.c ption* Li ht felonies committed a ainst persons or property are unishable e!en if in the attempted or frustrated sta#e R ason* resu oses moral depra&ity Eor light felonies, the onl$ ones who can be held liable are the principals and accomplices Eor grave or less grave felonies, those who can be held liable are principals, accomplices and e!en accessories, because the de ree of the penalty to be im osed de ends on % factors: %1( sta#es of e8ecution %2( the de#ree of artici ation %3( the resence of attendin# circumstances Q: When unishable? (nl$ when consummated Q: Is this absolute? No- If a#ainst ersons or ro ert$ Q: ReasonQQ: Who shall be criminall$ liable? 'rinci als Accom lices N(1 ACC)""(RI)"
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M'enalt$ for accom lices 55 one de#ree lower ;censure> M'enalt$ for accessories two de#rees lower ;WALA NAN/ L(W) 'A- PA.A N/A %IN*I LIA0L) AN/ ACC)""(RI)"> Q: Who is a rinci al? An Accom lices? An Accessories?
"rticle E
Q: what is cons irac$? 5 Conspiracy e8ists when two or more ersons come to an agreement concernin# the commission of a felon$ and # ci# to commit it 5 $roposal e8ists when the erson who has decided to commit a felon$ ro oses its e8ecution to some other erson or ersons ; n ral rul * Conspiracy and proposal to commit a felon$ are not punishable R ason* because the$ are mere preparatory acts ;Re$es> -.c ption* Cons irac$ and ro osal are punishable only in the cases in which the law specially pro&ides a penalty thereof Q: #i!e an e8am le of cons irac$ J ro osal Q: the effects of cons irac$ 1here will be collecti!e res onsibilit$ Q: effect of non5establishment of cons irac$? Accused will be liable onl$ to the e8tent of artici ation Q: if established? Collecti!e res onsibilit$ act of one, act of all Q: de#ree of e!idence needed to ro!e cons irac$? N(1 be$ond reasonable doubt "ufficient that the act is closel$ related to the crime,felon$ intended to commit Q: is it necessar$ that each artici ate? No- 1he$ must ha!e common criminal desi#n Q: what do $ou mean b$ common criminal desi#n? Q: what is im lied cons irac$? Q: from what factors ma$ $ou im l$ cons irac$? Acts and words before and after the commission of the felon$ Q: is it enou#h that there is an a#reement to commit felon$?
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CRIMINAL LAW Lecture & Recitation Notes No- the$ must e8ecute the o!ert act Q: how would $ou 6now if communit$ of ur ose e8ists? Erom the acts and remar6s of the accused 1here must be unit$ of criminal thou#h
0)E(R), *+RIN/, AE1)R 55 acts of each of the accused ma$ be se arate, inde endent of each other but must show close ersonal association7 closel$ related to each other, there is coordinationQ: A 0 C * ) ;robbers> a#reed and decided to commit ban6 robber$- A sta$ed in the #etawa$ car 9:: meters from the ban67 0 loo65out C disarm the securit$ #uard * J ) commit robber$- ) shot to death the ban6 mana#er- Will A be liable for the death? .)"- 1here is cons irac$- Act of 9, act of all Q: 9, =, F, @, K met in safe house discussed, a#reed and decided to commit robber$- When the$ were about to rob the ban6, the$ saw the olice around the ban6- Liable? No- Mere cons irac$ not unishable Q: K members of arm$ decided to commit cou d etat, met in safe house to discuss lan, liable? .es- Cons irac$ to commit cou d etat is unishable Q: distin#uish cons irac$ as a felon$ and as manner of incurrin# criminal liabilit$E)L(N. R'C unishes mere cons irac$ LIA0ILI1. 1here must be o!er act Q: 9, =, F, @, K, a#reed to commit a felon$ when about to meet the ne8t mornin#- K did not arri!e for emer#enc$ ur oses- 9, =, F, @ commit the felon$ and was cau#ht- Is number K liable? No- %e is not a cons iratorA cons irator must a#ree, decide and e8ecute the o!er act K was not resent Q: su ose K dro!e for 9, =, F, @ but went home earl$- Liable? .es- *ri!in# alread$ an o!ert act Q: su ose K was not the dri!er, but he was sitti# in front of the !an, then after ali#htin# went home, liable? No- 1here is no o!ert act ; asahero lan# si$a sa !an> M/eneral Rule if not resent in the scene of the crime N( liabilit$ M)8ce tions resence is to ro!ide for moral su ort or to ensure commission of the felon$ Cas s o' conspirac! punishabl b! la5 ;i> Article 99K of the R'C Cons irac$ to commit treason ;ii> Article 9F< Cons irac$ to commit cou dLetat, rebellion or insurrection
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CRIMINAL LAW Lecture & Recitation Notes ;iii> Article 9@9 Cons irac$ to commit sedition ;i!> Article 9B< Mono olies and combinations in restraint of trade
;!> Cons irac$ to commit terrorism 5 under the %uman "ecurit$ Act ;RA?FC=> ;!i> Cons irac$ to commit crimes under the Com rehensi!e *an#erous *ru#s Act ;RA ?9<K> Cas s o' proposal punishabl b! la5 ;i> 'ro osal to commit treason ;ii> 'ro osal to commit cou dLetat, rebellion or insurrection 5 there is no crime of proposal to commit sedition Q: What is the legal effect of the resence of cons irac$? 5 Gthe act of one is the act of allH, meanin# e!er$one who artici ated is e=ually liable7 there is collecti&e responsibility Eor conspiracy, ta6e note of the word agreement A&r m nt ma$ be oral or written, e(press or implied It is the burden of the prosecution to pro&e the e(istence of conspiracy throu#h circumstantial e&idence unless there is a confession or written a reement, which is seldom because criminals will usuall$ den$ their artici ation or the commission of the crime Q: What is .mplied Conspiracy? 5 Impli # conspirac! can be inferred from the acts of the er etrators,accused before, durin# or after the commission of the crime Q: %ow about the use of words, remar s or language of the er etrators, can cons irac$ still be ascertained or established? /0# Q: Ma$ there be cons irac$ when the perpetrators perform separate, distinct and independent acts in the commission of a crime? /0# Q:Ma$ there be cons irac$ e!en if other conspirators do not now who the other conspirators are? /0# &In People v! *anlolo, it was held that there was implied conspiracy on the art of the accused because the$ were acting in concert, one performin an act, the other doin another act, all aimed at the same object Rul on # t rminin& 5h th r th r is conspirac! 5 based on the ;9> acts done before, durin or after the commission of the crime, or, based on the ;=> words, remar s or language used before, durin or after the commission of the crime, it is necessary to determine after these acts were done whether the conspirators had the followin :
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CRIMINAL LAW Lecture & Recitation Notes 1. concerted action 2. common criminal desi#n 3. communit$ of ur ose 4. 4oint criminal ob4ecti!e
5 all of which are eared towards the attainment of the felony or crime /u&& st # cas s 'or conspirac! on this rul 5 'eo le !- "alcedo7 'eo le !- 0riones7 Medi4a, Ar- !- "andi#anba$an Q: "u osin#, onl! minor acts were done, will the actor still be liable? 2-/
Q: "u osin#, there was no conspirac!, what will ha en? 1he er etrators of the crime will be in#i"i#uall! liabl de endin# the .t nt o' th # &r o' ach on =s participation In $ opl ". A&apina!, the "C ruled that there was no cons irac$ in commission of the murder because the incident was onl$ a spur o' th mom nt or in this case, a Gchanc stabbin&>, which cannot be considered cons irac$, thus the$ were held indi!iduall$ liable, some as rinci als and some as accom lices onl$ Q: "u osin#, there was onl! m r pr s nc of a erson when the crime was bein# committed, will he be liable? NO, that erson not artici atin# shall not be liable because he #i# not p r'orm an! o" rt act7 there should be an o!ert act to establish the artici ation and liabilit$ of a erson Q: "u osin#, the ersonLs resence when the crime was bein# committed was to ro!ide was to pro"i# moral support , or to p rsua# th participants 'rom p r'ormin& th acts constitutin# the crime, will he be liable? 2-/, in both cases the erson shall be held criminall$ liable In order to hold someone criminall$ liable, in a##ition to m r pr s nc , there should be o" rt acts that ar clos l!?r lat # an# coor#inat # to establish the resence of common criminal desi#n and communit$ of ur ose in the commission of the crimeIn $ opl ". 1aaca, the "C ruled to ac3uit Re#alado because there was no e!idence to ro!e that Re#alado assisted his brother %erminio in the 6illin# of Alfredo /abuat7 there was no roof to show that Re#aladoLs resence was accom anied b$ o!ert acts for the commission of the crime and that there was no roof of cons irac$ between the 1aaca brothersIn $ opl ". , La Cru@, the "C also ruled that the mere resence of the /alaw5e$s were not enou#h to ro!e that the$ cons ired to the commission of the crime des ite the fact /alaw5e$ had a #rud#e a#ainst one of the !ictims7 his artici ation in a cons irac$ cannot be assumed es eciall$ when no acts b$ the /alaw5e$s ro!ed to be connected with the crimeIn $ opl ". Man ro, howe!er, the "C ruled that e!en thou#h the accused5a ellants were not resent in the actual commission of the crimes, it was established that the$ met in an eater$ and cons ired to li3uidate communist s$m athiDers7 therefore the$ were still held criminall$ liable-
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Q: "u osin#, one erson # sist # 'rom participatin& in th actual crim and instead # ci# # to sta! insi# th & t?a5a! car to wait for the others, is he liable? 2-/, he is still liable des ite desistance to artici ate in the actual crime because he can still assist the others with the esca e usin# the #et5awa$ car Q: "u osin#, while committin# the crime of robber$, an additional crime was committed that was not art of the ori#inal lan, e#- homicide7 can all the artici ants be con!icted of the crime of robber$ with homicide, e!en thou#h some of them erformed !er$ minor acts ;i-e- loo65outs or dri!ers, etc>? 2-/, the$ can all be held liable for that same crime, because it is not r )uir # that all th participants p r'orm ach an# " r! # tail in th commission o' th crim 7 as lon# as the acts erformed are closel$ coordinated and that the$ ha!e the same criminal ur oseQ: mere resence will one be a co5cons irator? No Q: resence to #i!e moral su Liable Acts Im lied cons irac$ desi#n ort? before se arate and distinct durin# words, after remar6s closeness association, concerted action common criminal
Coordination, ersonal association with each other communit$ of crimes 4oint criminal ob4ecti!e
"rticle F
Q: %ow do $ou classif$ felonies? Accordin# to 'enalt$ 1. ;ra" 0 loni s those that the law attaches the ca ital unishment or enalties that are afflicti!e based on Article =K of the R'C 2. L ss ;ra" 0 loni s those that the law unishes with enalties whose ma8imum eriods are correctional 3. Li&ht ' loni s infractions of law that are unishable b$ arresto menor or fines
Illustration*
*eath
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CRIMINAL LAW Lecture & Recitation Notes %ra&e felonies

Reclusion 'er etua Reclusion 1em oral 'rision Ma$or 'rision Correccional
Page 3; of 138 Atty. Maximo Amurao afflicti&e penalties
Less ra&e felonies
Arresto Ma$or "us ension *estierro Arresto Menor
correctional penalties
Li ht felonies
Eines 'ublic Censure
li ht penalties
1he classification in Article =K of the R'C assumes si#nificance on Article ?9 of the R'C on 'rescri tion: %i( $r scription o' a crim refers to the e8 iration of a certain eriod, after which a erson cannot be rosecuted for the crime an$more7 contem lates that there has been no 4ud#ment of con!iction $et %ii( $r scription o' p nalt! refers to the e8 iration of a eriod of time after which the enalt$ im osed b$ the courts cannot be enforced an$more7 contem lates that there has been a final 4ud#ment b$ the courts Q: *oes classification a No lies to s ecial laws?
"rticle 1*
5 ro!isions of the Re!ised 'enal Code shall not be a lied with of !iolations of s ecial laws, but if a s ecial law is silent in terms of a enalt$ for e8am le, the absence shall be pro&ided by the 5e&ised $enal Code 0ut #enerall$: 5 for &iolations of the 5$C R what law #o!erns? the 5e&ised $enal Code 5 for &iolations of special law R what law #o!erns? #pecial penal laws -.ampl s o' pro"isions in th R$C that ha" suppl tor! application pursuant to Articl 19 o' th R$C 1. Articl 199 Ci&il Liability7 there are two sides of crime, the criminal liabilit$ and the ci!il liabilit$, the former im oses the enalt$ rescribed for the crime, the latter is for the a$ment of dama#es
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2. Articl 22 5etroacti&e "pplication7 the law becomes fa!orable to the accused as lon# as he is not a habitual criminal and is con!icted b$ final 4ud#ment 3. Articl 1A $rincipals7 are classified into three: ;9> b$ direct artici ation, ;=> b$ inducement, ;F> b$ indis ensable coo eration 4. Articl 45 ,orfeiture of instruments or tools used in the commission of the crime 5. Articl 3B #ubsidiary imprisonment for failure to a$ fines <. Articl C Conspiracy7 in !iolation of the %uman "ecurit$ Act;RA?FC=>, *an#erous *ru#s Act, sec =< onl$ ;RA?9<K>, 0ouncin# Chec6s Law ;0'==> &If the Geath $enalty was not abolished, it will also be #i!en su allowed. letor$ a lication
Q: Circumstances affectin# criminal liabilit$? 1here are fi!e circumstances affectin# criminal liabilit$: ;9> Austif$in# circumstances7 ;=> )8em tin# circumstances7 ;F> Miti#atin# circumstances7 ;@> A##ra!atin# circumstances7 and ;K> Alternati!e circumstances1here are two others which are found elsewhere in the ro!isions of the Re!ised 'enal Code: ;9> Absolutor$ cause7 and ;=> )8tenuatin# circumstancesIn justifyin and e(emptin circumstances, there is no criminal liability2 'hen an accused in&o1es them, he in effect admits the commission of a crime but tries to a&oid the liability thereof2 .he burden is upon him to establish beyond reasonable doubt the re=uired conditions to justify or e(empt his acts from criminal liability2 'hat is shifted is only the burden of e&idence, not the burden of proof.
Article 11
Q: What is a 4ustif$in# circumstances? 8usti'!in& Circumstanc s are those where the act of a erson is said to be in accordance with law so that such erson is deemed not to ha&e trans ressed the law and is free from criminal and ci&il liability Q: Is there ci!il liabilit$? %enerally no, e8ce t in Article 99 ;@> Q: What element of !oluntariness is lac6in#? .ntent7 without intent, there is no !oluntariness7 without !oluntariness, there is no felon$7 without a felon$, there is no criminal liabilit$ because there is no crime $rticle 11, par 1 > #elf?;efense
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Q: What are the )lements of "elf5defense? 1. "nlawful $ggression on the art of the offended art$ 2. Reasonable =ecessity of the *eans )m lo$ed b$ the erson defendin# 3. )ac of #ufficient Provocation on the art of the erson defendin# Q: What ma$ be the sub4ect of self5defense? 'erson, ri#ht, ro ert$, honor or home ;i> defense of erson there is dan er to the life or limb of the erson ;ii> defense of ri#hts ;iii> defense of ro ert$ should be cou led with dan#er to the erson ;i!> defense of honor C+ (urden of proof in self5defense? burden lies with the defense Q: %ow is selfBdefense established? throu#h clear and convincing evidence Q: Is the accused re=uired to admit ha!in# 6illed the !ictim? /0#7 the accused has to admit ha&in 1illed the &ictim before selfBdefense can be in&o1ed b$ the accused & It is the obligation of the accused to prove self?defense through clear and convincing evidence7 if the e&idence is not clear, there will be a conviction When all the elements of self?defense are present R the erson defendin# himself is free from criminal liability and ci&il liability When onl$ a ma+ority of the elements are resent R pri&ile ed miti atin circumstance, ro!ided there is unlawful a ression When onl$ a majority of the elements are present, there is an incomplete self?defense, but it is still necessary to ha&e the element of unlawful aggression, because it is the most important element Dnla5'ul A&&r ssion 5 an indispensable element 5 a sudden un ro!o6ed unlawful attac that e3poses a person@s life or limb to actual, real, imminent danger7 mere threatenin#, ima#ined or s eculati!e dan#er is not enou#h When there is no unlawful a ression, there is no need to defend oneself4 when there is no need to defend oneself, there is no need for a reasonable defensi&e act7 when there is no need for a reasonable defensi&e act, there is no need for reasonable means to pre&ent or repel somethin 7 therefore, without unlawful a ression, e&erythin else will be erased
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0ecause unlawful a ression produced a dan er, there comes a need to eliminate that dan er7 that need is a res onse impelled by selfBpreser&ation7 the means used to eliminate the dan#er should be reasonable and the means needed to be em lo$ed can be determined based on the e(tent of the unlawful a ression Q: #upposin , $ou wrested the 6nife from a robber- If he is still tryin to et bac1 the 1nife, there is unlawful a ression, because unlawful a ression is continuin if the attac6er is tr$in# to re#ain control o!er the situation M1he first principle in all criminal cases is that: Gthe accused will always be presumed innocent9 In the constitutional pro&ision on resum tion of innocence, it can easil$ be o!erthrown b$ contrar$ e!idence, but it is different in criminal cases 1he presumption of innocence principle, of all dis utable resum tions, is the strongest because to o!erthrow it, the Court re=uires that the law pro&es the uilt of an accused beyond reasonable doubt 1he burden or duty to prove guilt lies with the prosecution or the o&ernment and the$ should introduce e&idence beyond reasonable doubt7 the prosecution should rely on the stren th of its own e&idence and should not depend on the e&idence of the defense7 these principles, howe!er, will chan e when the defense in&o1es, selfBdefense, defense of a relati&e, or defense of a stran er, because the accused must alwa$s admit first the fact of 6illin# the !ictim, thus the burden is lifted from the prosecution and shifts to the defense If the e&idence for both sides is wea1, the accused will be acAuitted 1he prosecution;s wea1ness is cured when the defense in&o1es, selfBdefense, defense of a relati&e, or defense of a stran er because there is an admission of the 6illin# If the e&idence of the defense is not clear and convincing, con&iction will be sure, as sure the sun rises at the )ast 1he admission in&ol&ed is only an admission of facts, bac1ed up by clear and con&incin e&idence7 it not an admission of uilt, because if so, the Court can sto the rosecution and render 4ud#ment 1he Court should ut itself in the shoes of the accused durin# the time when the accused alle#edl$ defended himself Q: #upposin , after $ou wrested the 6nife from the robber ;who is the ob!ious a##ressor in this case>, the robber,a##ressor runs awa$, is there still unlawful a##ression? =&, when the a ressor flees unlawful a ression no lon er e(ists7 and if $ou still 6ill the a##ressor in this situation, self5defense cannot be in!o6ed an$more
NO !" #$%
C+ #upposin , usin# the same facts mentioned earlier, but the retreat of the a##ressor was with the ur ose to ta6e a more ad!anta#eous osition or to #et a more effecti!e wea on, to insure the success of his attac6, is there still unlawful a##ression? /0#, when the purpose of retreatin is to ta1e a more ad&anta eous position or to do somethin to insure the success of his attac1, unlawful aggression is continuing, therefore the danger is still continuing4 in this case, the accused or the person defendin himself, does not ha&e to wait for the a ressor to et another weapon C+ #upposin , there is an a#reement to fi#ht or a challen#e to fi#ht was acce ted, is there unlawful a##ression on one of the arties? =&, there is no unlawful aggression in agreements to fight because selfBdefense cannot in&o1ed since both parties are assailant and assaulted C+ #upposin , usin# the same facts abo!e, there is a#reement, but one of the arties attac6s the other e!en before the a#reed time arri!es, is there unlawful a##ression? /0#, when the attac1 is made ahead of the time a reed upon, there is unlawful a ression C+ #upposin , the a##ressor used a to$ #un and the erson defendin# himself 6illed the a##ressor, belie!in# that the #un was real, is he still criminall$ liable? =&, assumin# clear and con!incin# e!idence is ro!ided, and that the accused belie&ed the weapon7 un to be real, then honest mista1e of fact while in selfBdefense can be in&o1e R asonabl N c ssit! o' th M ans -mplo! # 5 there is a continuin# necessit$ to eliminate the dan#er 5 in!ol!es two elements: 1. necessit$ for the course of action, necessit$ to eliminate dan#er 2. necessit$ of the means em lo$ed to re!ent or re el that dan#er 0oth should be reasonable It is not necessary to ha!e material eAuality or material commensurability between the dan#er and the means em lo$ed to re!ent or re el that dan#er .n determining reasonable means, the some facts and circumstances can be considered as factors, such as: 1. emer ency to which the erson defendin# himself has been e8 osed to 2. resence of imminent dan er 3. im elled b$ the instinct of selfBpreser&ation 4. nature of the weapon used b$ the accused com ared to the wea on of the a##ressor 5. siHe and7or physical character of the a##ressor com ared to the accused and other circumstances that can be considered showin# dis arit$ between a##ressor and accused ,actors+ a e, siHe, location, other circumstances, character or nature of weapon, physical character, reputation Q: What is Lac6 of "ufficient 'ro!ocation? 5 sufficient ro!ocation should come from the erson defendin# himself,accused 5 sufficient ro!ocation should immediatel$ recede the a##ression
NO !" #$%
5 Insultin# another or committin# oral defamation is considered sufficient ro!ocation 5 a challen#e to fi#ht is considered sufficient ro!ocation Q: When is ro!ocation sufficient? 5 ro ortionate to the act of a##ression and ade3uate to stir the a##ressor to its commission Q: Who has the dut$ to ro!e elements of self5defense? Accused Q: What is the effect of claim of self5defenses on burden of the rosecution? "hiftin# the burden of roof 'rosecution is relie!ed of its dut$ to ro!e #uilt of accused Q: Ma$ accused be con!icted e!en if e!idence of rosecution is wea6? .es, if the self5defense not established b$ clear and con!incin# e!idence Q: does admission of #uilt amounts to confession of #uilt? No- (nl$ an admission of fact Accused must establish the element which is missin# to ro!e that he is not #uilt$ Q: What are the le#al effects Confession of #uilt no necessit$ for trial, e8ce t to ro!e miti#atin# J a##ra!atin# circumstances Admission of fact necessit$ for trial Q: Ma$ there be self defense e!en without unlawful a##ression? No- +A is the foundation Q: how about in incom lete self5defense? No- +A is alwa$s an indis ensable element of self5defense, whether com lete or incom lete 1hrou#h reasonable means
Reasonable ;needs to eliminate the dan#er> +nder instinct of self5 reser!ation ;Life J Limb> 1here is dan#er ;actual, real, imminent > not merel$ ima#inar$, fanciful, false +nlawful A##ression,5 sudden, un ro!o6ed, ille#al attac6 , ' n#in& $rop rt!
NO !" #$%
*efense of ro ert$ should be cou led with dan#er to the erson defendin# oneself7 if there is no dan#er to the erson or the ersonYs life or limb, defense of ro ert$ cannot be in!o6edQ: In defendin# ro ert$, when is 6illin# the a##ressor 4ustified? &Necessit$ of unlawful a##ression ;u on the erson defendin# his ro ert$> &Must be cou led with an attac6 on $our own erson &"uch a case, $ou are not defendin# $our own ro ert$, but $our own *efense of (WN ro ert$ not (E ro ert$ erson?
Q: "u ose hittin# onl$ the lower ortion of the bod$, not 6illin# the a##ressor, defense of ro ert$, ma$ be claimed? .)"- As lon# as not to the e8tent of 6illin# M a# na ata$ mo, da at ma$ assault on $our own erson, ri#ht to life is su erior to ri#ht to ro ert$ C+ #upposin , usin# a 6nife, someone slashed $our ba# to #et its contents, after which $ou were able to wrest the 6nife from him, and $ou stabbed him, causin# him to die, can $ou in!o6e defense of ro ert$? =&, because there was no imminent dan er to your life or limb since you already ha&e control of the 1nife C+ #upposin , $ou cau#ht some eo le inside $our house in the act of stealin# $our household items, assumin# $ou ha!e a #un, can $ou use the #un and shoot at them or e!en 6ill them? /0# ;accordin# to 'rof- Amurao, $ou can e!en sta#e the crime scene to $our fa!or> because if $ou do not shoot them, the$ will surel$ use their wea ons a#ainst $ou and e!en tr$ to 6ill $ou an$wa$- ItLs better to hit them first- ;Gefense of home, chec6 Re$es> C+ #upposin , a rostitute disa#rees to ha!e se8ual intercourse with someone, but the latter still forces his wa$ with the rostitute with carnal 6nowled#e, tries to ra e her, then the rostitute ta6es out a 6nife in her ba# and stabs the #u$, can she in&o1e defense of honor despite bein a prostitute? /0#, a rostitute is still entitled to the ri#ht of defense of honor and the 6nife was a reasonable means used*efense of home Without assault of erson, 4ustified? N(Q: In defendin# $our car bein# stolen, fired at the tires, which hit a b$5stander, liable? No- Austified for all conse3uences of the act relate to art @ ; ar9> not committin# a felon$ Q: e8am le of unlawful a##ression a#ainst honor 5sla on the face 5re elled b$ re!ol!er, reasonable means? No ;no rational e3ui!alence> &+se of the bolo a#ainst an unarmed a##ressor?
NO !" #$%
*e ends on the circumstances "uch as the siDe of the a##ressor, built, re utation or accessibilit$ of other means Eactor of time inter!al Must be simultaneous with the attac6 or with a Q: what is continuin# dan#er? Q: what is continuin# a##ression? Q: e8am le of defense of honor? Q: e8am le of a#reement to fi#ht? Q: libel a#ainst libel, 4ustified? .esQ: A and 0 are lon# standin# enemies- 0ecause of their continuous 3uarrel o!er the boundaries of their ad4oinin# ro erties, when A saw 0 one afternoon, he a roached the latter in a menacin# manner with a bolo in his hand- When he was about fi!e feet awa$ from 0, 0 ulled out a re!ol!er and shot A on the chest,6illin# him- Is 0 criminall$ liable? What crime was committed, if an$? 1he act of A is nothin# but a ro!ocation- It cannot be characteriDed as an unlawful a##ression because in criminal law, an unlawful a##ression is an attac6 or a threatened attac6 which roduces an imminent dan#er to the life and limb of the one resortin# to self5defense- In the facts of the roblem #i!en abo!e, what was said was that A was holdin# a bolo- 1hat bolo does not roduce an$ real or imminent dan#er unless a raises his arm with the bolo- As lon# as that arm of A was down holdin# the bolo, there is no imminent dan#er to the life or limb of 01herefore, the act of 0 in shootin# A is no 4ustifiedArticl 11%2( 6 , ' ns o' R lati" s Q: Who are the relati!es contem lated?;in the followin# order> 5 s ouse 5 ascendants 5 descendants 5 brothers or sisters ;le#itimate, natural or ado ted> 5 relati!es b$ affinit$ in the same de#rees ;mentioned abo!e> 5 relati!es b$ consan#uinit$ within the fourth ;@th> ci!il de#ree a lies the same conce t of unlawful a##ression and reasonable necessit$ of means em lo$ed, as contem lated in Art- 99;9> on self5defense #pouse should be the legitimate husband or wife common law marria es are not included7 the common law spouse is considered a stranger reciable inter!al of time
NO !" #$%
Who can determine bein# le#itimate? the Court7 the !alidit$, le#alit$, ille#alit$ of the arties cannot be determined b$ themsel!es C+ #upposin a husband defends a common law wife b$ 6illin# an attac6er, can he in&o1e defense of relati&eI =&, but he may in&o1e defense of a stran er C+ #upposin a husband defends a second wife b$ 6illin# an attac6er7 considerin# that the marria#e between him and his first wife is not null and !oid, thus ma6in# his second marria#e bi#amous, can he still in&o1e defense of relati&e? /0#, the presumption is that all marria es are le al and &alid- )!en in the absence of a 4udicial declaration of nullit$ ;A*N> of the first marria#e, the second marria#e is considered !alid, thus defense of relati!e can be in!o6edC+ #upposin the husband and his first wife are on le#al se aration, then he defends her from an attac6er, can he in!o6e defense of relati!e? /0#, because there is no A*N to sa$ that their marria#e is null and !oidC+ #upposin , husband and wife successfull$ annuls their marria#e and the$ ha!e secured a A*N on the #rounds of s$cholo#ical inca acit$, then incidentall$, he defends her from an attac6er, can he in!o6e defense of relati!e? =&, because there is no marria#e an$more between them7 the A*N, once it is a ro!ed b$ the R1C and is final and e8ecutor$, it will ha!e an effect wherein as if no marria#e e8isted between the defender and the one defended7 therefore, what can be in!o6ed is defense of a stran#erC+ #upposin husband and wife has a endin# case for annulment due to s$cholo#ical inca acit$ of one of the arties, then incidentall$, he defends her from an attac6er, can he in!o6e defense of relati!e? /0#, because there is no A*N that has nullified the marria#e $scendants includes arents, #rand arents, #reat #rand arents, e!en #reat;@8> #rand arents ;escendants includes children, #randchildren, #reat #randchildren, e!en #reat;@8> #randchildren What do ascendants and descendants ha&e in common? 1he$ are blood relatives C+ #upposin , a #reat, #reat, #reat, #reat #randfather is attac6ed and is defended b$ his ille#itimate #randchild, can the randchild in&o1e defense of relati&e? /0#, because the no distinction in the Re!ised 'enal Code whether the descendant should be le#itimate or ille#itimate7 when the law does not distin uish, the courts cannot distin uish C+ #upposin , a father defends his ado ted dau#hter from an attac6er, can he in!o6e defense of relati!e? =&, defense of relati!e cannot be in!o6ed because the law does not contem late ado ted children as descendants and also does not contem late ado ti!e arents as ascendants, to 3ualif$ as relati!es contem lated under Art- 99;=> R'C
NO !" #$%
(rothers and #isters or siblings 1. legitimate siblin#s of the same arents who are married 2. natural siblin#s, who at the time of their conce tion with the same arents, the parents are not married but are not dis=ualified by any le al impediment to marry each other7 if parents are dis=ualified to marry b$ an$ im ediment, the child is ille itimate 3- adopted there should be a 4udicial roceedin# in court !alidatin# the ado tion in order to be considered under defense of relati!e as contem lated7 an e8tra4udicial roceedin# on the ado tion is not enou#h Relatives by affinity in same degrees 5 relati!es by marria e In same de rees a licable to ascendants, descendants, siblin#s, e!en #rand arents of oneLs s ouse, i-e- mother5in5law, father5in5law, brother5in5law, sister5in5law, etc Relatives by consanguinity within the fourth ,'th- civil degree 5 relati!es b$ blood !ach eneration is one de ree (neLs parents are in the first )1st) de ree (neLs randparents are in the second)2nd) de ree (neLs uncles and aunts are in the third )3rd) de ree (neLs first cousins are in the fourth )4th) de ree
Illustration* arent ,2nd degree-
,1st degreedau#hter5in5law55555son
,%rd degreedau#hter55555son5in5law
child ;starting point, e#- this is !ou>
child ,'th degree-
R )uisit s 'or , ' ns o' R lati" s 5 aside from ;9> unlawful a##ression and ;=> reasonable necessit$ of the means em lo$ed to re!ent or re el the a##ression, there is %rd reAuisite+ if there was pro&ocation arose from the relati&e bein defended, the person defendin should ha&e had no part in that pro&ocation
NO !" #$%
C+ #upposin , $our brother ro!o6ed someone and started a fi#ht, when $ou came to his aid, $ou did not 6now that it was $our brother who started the fi#ht, but when $ou saw him, his enem$ was on the !er#e of stabbin# $our brother, so $ou shot his enem$, can $ou effecti!el$ and !alidl$ in!o6e defense of a relati!e? /0#, because at that !er$ moment the life and limb of $our brother was in actual, imminent and real dan#er7 there was no time for $ou to in!esti#ate what reall$ ha ened- .he person defendin has the right to act on mere appearance ;Amurao> Q: "u ose man and woman li!in# to#ether without benefit of marria#e, can claim self5 defense? NoCommon law s ouse not contem lated 1he$ are entitled to claim defense of stran#er Q: %usband and wife, 'h citiDens married in hon#6on#- After marria#e, disco!ered the$ were 9st cousins, solemniDin# officer in hon#6on# not authoriDed, can the$ claim defense of relati!e? .es- Absent a 4udicial declaration, marria#e resumed e8istin# Q: "u Q: su ose the action for 4udicial declaration is endin#, can the$ claim defense of relati!e? .es- 1here is no 4udicial declaration $etose the lower court issued a decision? Not an$more- As if no marria#e- Can claim defense of stran#er
Q: su ose what was filed was le#al se aration, and there is a decree of le#al se aration, can claim defense of relati!e? .es- Le#al se aration doe not terminate marria#eQ: who are the descendants co!ered? Q: A 6illed a erson to defend the honor of 0, and ille#itimate, defense of relati!e? .es- 1he law does not distin#uish Q: Who are the other relati!es co!ered? Q: half blood brothers and sisters? .es Q: Ado ti!e father defended the ado ted dau#hter? No- ;not contem lated b$ law> Q: ste brother 6illed accused to defend life and honor of a ste sister? .es- Relationshi b$ affinit$ ;brother or sister b$ reason of marria#e> Q: relati!e b$ consan#uinit$, u to what e8tent? @th de#ree Q: last element in defense of relati!e?
NO !" #$%
CRIMINAL LAW Lecture & Recitation Notes , ' ns o' stran& r What are the elements? /i!e an e8am le 'ho are stran ers? 5 An$one not enumerated and those not contem lated under Article 99;=>
R )uisit s* 5 same conce t of unlawful a##ression and reasonable necessit$ of the means em lo$ed to re!ent or re el the a##ression7 aside from those two there is a %rd reAuisite+ the person defendin should not be induced by re&en e, resentment, or other e&il moti&e Articl 11%4( 6 A"oi#anc o' &r at r "il or in7ur! 5 5e=uisites: 1. th "il actuall! .ists 2. the in4ur$ feared be #reater than that done to a!oid it 3. there be no other ractical and less harmful means of re!ention 1he dama e to another contem lated are: ;Re$es> 5in4ur$ to ersons 5 dama#e to ro ert$ (neLs own life is more im ortant than an$one else ;Amurao> 1he #reater e!il should not be brou#ht about b$ the ne#li#ence or im rudence of the erson who committed the offense Q: criminal liabilit$? No Q: Ci!il liabilit$? .es, should be borne b$ the ersons benefited )8am le : "in6in# shi 55 4ettison Articl 11%5( 6 0ul'illm nt o' ,ut!ELa5'ul -. rcis o' Ri&ht or O''ic 5 5e=uisites: 1. that the accused acted in the erformance of a dut$ or in the lawful e8ercise of a ri#ht or office 2. that the in4ur$ caused or the offense committed be the necessar$ conse3uence of the due erformance of dut$ or lawful e8ercise of such ri#ht or office 1he fulfillment of duty must be done carefull$, with due performance7 no carelessness, no ne#li#ence,im rudence, no abuse 1he e8ercise of public office was committed with ne li ence and abuse of authority R are not a licable, the e8ercise must be lawfulN C+ #upposin , a raidin# team tas6ed to confiscate dru#s bro6e the class cabinets in search of the dru#s, was there abuse of authorit$? /0#, because due erformance of dut$ should ha!e been em lo$ed
NO !" #$%
CRIMINAL LAW Lecture & Recitation Notes Q: Can this be in!o6ed if there was ne#li#ence? NoQ: if there is abuse of authorit$? No
Q: 'rison #uards escortin# risoners on the wa$ to the court, one risoner esca ed, des ite warnin# shots, risoner still ran awa$, #uard shot the risoner at the bac6 who died, liable? No Q: warrant of arrest, N0I to arrest criminal and brin# before the R1C of Manila- When the officers are at the house of the accused, the accused refuse to o en the door, N0I forcibl$ o en and destro$ed the doors, liable? NoQ: roceeded directl$ without announcin# their authorit$, liable? .es- 1here is abuse, e8ceedin# authorit$, did not follow rocedure Q: e8am le of lawful e8ercise of a ri#ht *octrine of self hel Articl 11%<( 6 Ob #i nc to a la5'ul or# r b! a sup rior o''ic r 55e=uisites 1. that an order has been issued b$ a su erior 2. that such order must be for some lawful ur ose 3. that the means used b$ the subordinate to carr$ out said order is lawful When the order is not for a lawful ur ose, the subordinate who obe$ed it is criminall$ liable 1he subordinate is not liable for carr$in# out an ille#al order of his su erior if he is not aware of the ille#alit$ of the order and he is not ne#li#ent 3att r # Woman /!n#rom %3W/( 5 refers to a scientificall$ defined attern of s$cholo#ical and beha!ioral s$m toms found in women li!in# in batterin# relationshi s as a result of cumulati!e abuse ;Re ublic Act ?=<=: Anti52iolence A#ainst Women and Children Act> 3att r! refers to an act of inflictin# h$sical harm u on a woman or child resultin# to the h$sical, s$cholo#ical or emotional distress ;RA ?=<=> C+ 'ho can &erify or confirm whether a woman suffers from 0attered Woman "$ndrome? (nl$ a certified s$cholo#ist or s$chiatrist can ro!e the e8istence of 0attered Woman "$ndrome in a woman Q: What is the le#al effect of the roof of e8istence of 0W" in a woman? .hose found by the courts to be sufferin from 0'# do not incur criminal and ci&il liability notwithstandin the absence of any of the elements of the justifyin
NO !" #$%
circumstance of selfBdefense under the 5e&ised $enal Code ;"ection =<, Re ublic Act ?=<=> 1he le#al effect of 0W" is of the same le!el with the 4ustif$in# circumstances in Art-99 of the R'C, e8ce t ar- @ !&en without unlawful a ression on the art of the deceased husband or male artner, the act of the woman shall still not incur criminal and ci!il liabilit$ Q: Who are the women who can in!o6e 0attered Woman "$ndrome? 5 wife 5 an$ woman ha!in# a se8ual relationshi with a man 5 #irlfriend 5 includin# datin# women, if relationshi is intimate 5 former wife 5 common law wife
5 former wife whose marria#e with her has been annulled b$ a 4udicial declaration of nullit$ ;A*N> 5children It not necessary that the woman sufferin# from 0W" is still in a relationshi with the man that she 6illed or harmed,octrin o' /tan# !our &roun# 5h n in th ri&ht 5 1he law does not e8 ect $ou to run awa$ 5 When in the ri#ht, defend $our ri#ht or osition, defend $ourself 5 A total o osite of the old doctrine of retreating to the wall, where the law e8 ects $ou to run awa$ and a!oid defendin# $ourself Q: What is the le#al effect of 0W"? No criminal liabilit$ No ci!il liabilit$ Q: Ma$ a battered husband claim it as a defense? No- 1he law sa$s onl$ woman Q: What is a datin# relationshi ? Q: .ou brea6 u with $our #f, she was emotionall$ J s$cholo#icall$ wrec6ed, is this batter$? .es- ;ha$den 6ho case> Q: 'rotection (rder under RA ?=<=? 5 re!ented from li!in# in same communit$ or house with the battered woman 5it must be issued b$ court or baran##a$ Q: Can $ou file !iolation of RA ?=<= to#ether with arricide or h$sical in4uries?
NO !" #$%
Page :, of 138 Atty. Maximo Amurao
.es- RA ?=<= without re4udice to the filin# of an$ other ci!il or criminal action Q: woman sufferin# from 0W", 6illed husband, liable for arricide? No- it is not necessar$ that +A e8ist Q: how will court determine 0W"? Certified s$chiatrist or s$cholo#ist
"rticle 12
Q: What is an e8em tin# circumstance? 5 a circumstance if resent durin# the commission of the crime will free the accused from criminal liabilit$ 5 there is a crime, but there is no criminal 5 burden of proof to ro!e the e8istence of an e8em tin# circumstance: lies with the defense Q: *istin#uish 4ustif$in# from e8em tin# 8usti'!in& 5 there is neither a crime nor a criminal 5 the act is 4ustified and the actor is not criminall$ liable 5 there is no ci!il liabilit$ e8ce t in ara#ra h @ -. mptin& 5 there is a crime but there is no criminal 5 the act is not 4ustified but the actor is not criminall$ liable 5 there is ci!il liabilit$ e8ce t in ara#ra hs @ and C
Articl 12%1( 6 Imb cilit! an# Insanit! 5 an imbecile or an insane is entitled to be e8em ted, unless the latter acted durin# a lucid inter!al Imb cil one who is de ri!ed com letel$ of reason or discernment and freedom of will when committin# a crime7 e8em ted in all cases7 mentalit$ is com arable to a child =5C $ears old Insanit! not so e8em t because durin# a lucid inter!al, the erson can act with intelli#ence Q: what is ermanent sic6ness? Imbecilit$
NO !" #$%
CRIMINAL LAW Lecture & Recitation Notes Q: Which is not ermanent? Insanit$
Page :1 of 138 Atty. Maximo Amurao
Q: Insanit$ before the commission of the crime, le#al effect? Not e8em t *urin# e8em t After not e8em t, but roceedin# will be sus ended &insanit$ must be at the time of the commission of the offense unless is ro!en to subsist until commission Q: 1hat is the test for the degree of insanity for it to count as an e8em tin# circumstance? 1he tests of the de#ree of insanit$ are the e8istence of: 1. com lete de ri!ation of intelli#ence 2. total de ri!ation of freedom of will Mere abnormalities of the mental facilities are not enou#h C+ #upposin , a man suddenl$ 4ust stabs another erson, he then be#an to run awa$ because he 6new he committed a crime, then as the authorities tried to catch him, as the$ #ot closer to him, he ran e!en faster, can he in!o6e insanit$ as an e8em tin# circumstance? =&, the fact that he was runnin# awa$ was an indication that he was not de ri!ed of intelli#ence because he 6new he did, and b$ runnin# faster to a!oid the authorities was an indication of not bein# totall$ de ri!ed of his freedom of will because of his intention to esca e B5 1ho has the (urden to prove insanity: lies with the defense, ;Accordin# to Re$es, throu#h circumstantial e!idence if clear and con!incin#> 0vidence of insanity must refer to the time preceding the act or at the very moment of e3ecution C+ #upposin , the offender becomes insane onl$ after the commission of the crime or durin# trial, can he still in!o6e the e8em tin# circumstance of insanit$? =&, because what is counted and considered in determinin# whether there was insanit$, is the time recedin# the act or the moment of e8ecution 0 bl min# #n ss not e8em tin# because s,he can still distin#uish ri#ht from wron#7 not e=ui&alent to insanity /omnambulism or sl p5al+in& must be clearl$ ro!en to be considered an e8em tin# circumstance under this Article7 acts of the slee wal6er should not be !oluntar$ Mali&nant malaria can cause insanit$, therefore, can be considered as an e8em tin# circumstance under this Article 3asis 'or . mption complete absence of intelligence
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CRIMINAL LAW Lecture & Recitation Notes 1 mporar! Insanit! 6 ! s, . mptin&
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Articl 12%2 F 3( 6 Minorit! %r p al # b! R public Act B344 or th 8u" nil 8ustic an# W l'ar Act( R$ C%'', #ection D a child 1E years of age or below at the time of the commission of the crime shall be e3empt from criminal liability but will under#o an inter!ention ro#ram7 a child above 1E years of age or below 1F years of age shall be e3empt and be subjected to an inter&ention pro ram unless s7he acted with discernment in which case such child will be sub4ect to the a ro riate roceedin#s in accordance with this Act Children fallin# under this Act are referred to as a child in conflict with the law 7 normall$ minor offenders are referred to as the accused, 4u!enile delin3uent, risoner, res ondent, etcbut it is contem lated that these terms refer to ersons who ha!e committed crimes7 RA ?F@@ rohibits the use of these terms to refer to minor offenders, onl$ the abo!ementioned term can be used Eor a child in conflict with the law there is a resum tion of the absence or lac6 of intelli#ence (ffenders are free from criminal liabilit$ but are still ci!ill$ liable 1he l &al '' ct of the e8em tion: the child shall be #i!en to the custody of the parent or uardian4 in their absence, the custody is i&en to the followin , accordin# to their order of a!ailabilit$: ;a> re#istered non5#o!ernmental or#aniDation ;b> re#istered reli#ious or#aniDation ;c> member of the 0aran#a$ Council for the 'rotection of Children ;0C'C> ;d> local office of the *e t- of "ocial Welfare J *e!elo ment ;*"W*> ;e> national office of the *e t- of "ocial Welfare J *e!elo ment ;*"W*> $nother effect is that the minor is sub+ected to an intervention or diversion program which in!ol!es: seminars and classes on famil$ and mediation, s6ills im ro!ement, emotional mana#ement, etc-7 other di!ersion ro#rams are for reformation and rehabilitation, in which the ublic rosecutor usuall$ initiates the recommendation for the minor to be sub4ected under the ro#ram Q: What is a child at ris6? ; n ral Rul for minors abo!e 9K or below 9B $ears of a#e: e3empted, because the resum tion is that the$ acted without intelli#ence -.c ption: the minor acted with discernment %ow is discernment determined? ;Re$es> ;9> manner of committin# the crime ;=> conduct of the offender
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*iscernment can also be determined b$ the words uttered b$ the minor attendant to the commission of the act, e#- the words, 90uti n a sa;yoJ:, which indicates an e(pression of accomplishment, &ictory or satisfaction Wh n th cas has b n # ci# # b! th courtG
If the jud ment is an acAuittal, the decision shall immediatel$ ta6e effect without suspension, and the decision shall be promul ated and pronounced What is the si#nificance of promul ation? 5 it is full of si#nificance7 the decision is read in o en court 5 immediatel$ after the readin# the 4ud#ment of ac3uittal becomes immediatel$ final and e8ecutor$, which cannot be sub4ect for an$ motion of reconsideration, hence the decision cannot be either re!ersed or modified If the jud ment is conviction, the promul ation of the decision and the sentence shall be suspended b$ the court7 the minor shall be ordered to under o inter&ention, which shall ha!e the followin# effects: ;a> If after the inter&ention, there is reform on the art of the minor, the minor shall be returned to the court to dismiss the criminal case and dismiss the char es a#ainst the minor ;b> If after the inter&ention, there is no reform, the minor shall be returned to the court for the romul#ation of the decision a#ainst the minor7 then, the court shall either decide on the sentence or e(tend the inter&ention (nl$ when there is refusal to be sub4ected to reformation or when there is failure to reform can the child be subjected to criminal prosecution and the judicial system Oth r '' cts o' R public Act B344 ;i> decriminaliDes the sniffin# of ru#b$ b$ a minor ;ii> decriminaliDes the !iolation of a minor of the Anti5Mendicanc$ Law, which rohibits be##in# or be##ars ;iii> decriminaliDes !a#ranc$ and rostitution, unished under the R'C, when committed b$ a minor 9K $ears old or below7 the minor will not be criminall$ liable ;i!> criminal records of minors abo!e 9K or below 9B $ears of a#e are 6e t confidential in order to protect the honor and reputation of the minor ;!> e8em ts minors from the offense of refusin# to ac6nowled#e the fact that s,he had been in!ol!ed or con!icted in a criminal case before ;!i> minors can den$ under oath their criminal in!ol!ement or con!iction7 cannot be char#ed with er4ur$ or falsification or misre resentation, for concealin# the criminal in!ol!ement or
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con!iction7 purpose: to i&e the minor a new lease in life and to pre&ent the sti ma of con&iction which e8tends in a lon#5term basis, i-e- in loo6in# for 4ob or rotectin# the familiesL re utation ;!ii> retroacti&e application of RA ?F@@ on ersons who were con&icted and are currently ser&in time for crimes they committed when they were minors abo&e F or below 15 years of a e when they committed the offense, because minors who acted with discernment under this a#e brac6et, were not e8em ted from criminal liabilit$ before under the R'C, but has alread$ been re ealed b$ RA ?F@@7 their criminal liabilit$ is erased therefore the$ shall be released Q: "u osin#, a 9:5$ear old, who is a arentl$ !er$ intelli#ent, commits a crime, will he be e8em ted from criminal liabilit$ considerin# the hi#h le!el of intelli#ence of the child? /0#, he is still e(empted7 what is important is the a e of the child at the time of the commission of the crime7 it doesnLt matter whether the child was e8tremel$ intelli#ent /tatus O'' ns s ;under RA ?F@@> refers to offenses which discriminate onl$ a#ainst a child, while an adult does not suffer an$ enalt$ for committin# similar acts7 these shall include curfew !iolations, truanc$, arental disobedience and the li6e #tatus offenses when committed by a minor are unishable, but are not punishable anymore under 5" F344 #tatus offenses when committed by an adult are not punishable 1h ,an& rs o' R public Act B344 )"murao) 5 can be abused or ta6en ad!anta#e of b$ crime s$ndicates that use minors as instruments for the commission of crimes 5 1he effect of the liberal e8em tions of RA ?F@@ what will ha en to the !ictims if the offenders, who are minors, will be e8em ted all the time? 2ictims will ta6e the Eili ino wa$ R ta6in# the law into their own hands With reference to RA ?F@@, the 'hili ines is not $et read$ for that 6ind of law- )"murao) 3asis 'or th . mption o' a minor: absence or lac1 of intelligence Articl 12%4( ? Acci# nt 5 !lements+ 1. a erson is erformin# a lawful act 2. the act is done with due care 3. causes an in4ur$ to another by mere accident 4. in4ur$ was done without fault or intention of causin# it Q: What is an Accident? Q: What are the Re3uisites? Q: What are the Le#al )ffects of Accident?
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CRIMINAL LAW Lecture & Recitation Notes No ci!il liabilit$ No criminal liabilit$ )8am les of e8ce tions Q: *ri!er with an e8 ired license? N(1 e8em t Q:Not re#istered 9 $ear delin3uent? N(1 e8em t5 not lawful act With defecti!e brea6s, w,n " eed limits ro er lane? Not e8em t5fault or ne#li#ence 1ires of car alread$ worn out? Not e8em t In ti to condition, brand new tires? Not e8em t (f C assen#ers in the car5 o!erloadin# Ri#ht lane em t$, o!ertoo6 the car? Not e8em t Left lane is for o!erta6in#
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(!erta6in# on the left lane, hit a child who suddenl$ crossed the road? .es, e8em tAbsolutor$ cause ;Art-=@C> 'ar-9 not e8em t from criminal liabilit$- 1here is a enalt$5destierro- It is still an unlawful act .f all the elements are present, the le#al effect is that the accused shall incur no criminal liability and no civil liability If not all the elements are present, $rticle D7 of the RPC will apply and the enalt$ rescribed is arresto mayor to prision mayor for ra&e felonies 1here is negligence when R the accused tried to o!erta6e another !ehicle on the ri#ht side of the road because this is a !iolation of traffic laws " eedin# alon# the road is an e8am le of an act done without due care 3asis 'or . mption absence of intent Articl 12%5( 6 Compulsion o' Irr sistibl 0orc 5!lements+ 1. com ulsion to commit the crime is b$ means of h$sical force or !iolence 2. h$sical force or !iolence is irresistible 3. the h$sical force or !iolence must come from a Frd erson 'resu oses that a erson is com elled by means of force or &iolence Irr sistibl 0orc de#ree of force which is e(ternal or physical force which reduces the erson to a mere instrument and the acts roduced are done without his will and a ainst his will ;Amurao>
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CRIMINAL LAW Lecture & Recitation Notes 3asis 'or . mption absence of freedom Articl 12%<( 6 Impuls o' an Dncontrollabl 0 ar 5 5e=uisites: ;Re$es>
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1. that the threat which causes the fear is of an e!il #reater than or at least e3ual to that which he is re3uired to commit 2. that it romises an e!il of such #ra!it$ and imminence that the ordinar$ man would ha!e succumbed to it 'resu oses intimidation or threat, not force or !iolence
5 !lements: 1. the e(istence of an uncontrollable fear 2. the fear must real and imminent 3. the fear of an in4ur$ is reater than or e=ual to that committed All the elements must concur 3asis 'or . mption 5 absence of freedom Q: What element of !oluntariness is absent? Intent, Ereedom Q7 'ar-< *istin#uish < and KNature of threat #reater or e3ual? ,i'' r nc b t5 n irresistible force an# uncontrollable fear: Irr sistibl 0orc in!ol!es the use of violence or physical force to com el Dncontrollabl 0 ar in!ol!es the use of threat or intimidation to com el Articl 12%A( 6 0ailur to $ r'orm a La5'ul Act ,u to La5'ul or Insup rabl Caus 5 !lements: 1. an act is re=uired by law to be done 2. that a erson fails to perform such act 3. that the failure to erform such act was due to some lawful or insuperable cause ,ailure to deli&er arrested persons to the proper authorities due to roblems re#ardin# distance and trans ortation is a lawful or insu erable cause A typhoon causes the failure to erform the lawful act is an insu erable cause 3asis 'or . mption absence of intent Absolutor! Caus s those where the act committed is a crime but for reasons of ublic olic$ and sentiment, there is no enalt$ im osed
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Insti&ation is an illegal act because the ublic officer lants the seed of criminalit$ in the mind of the erson or offender )"murao)7 the ublic officer induces an innocent erson to commit the crime which the ublic officer concei!ed )5eyes) -ntrapm nt is a le#al act because the ur ose is to ca ture or tra the lawbrea6er 0uyBbust operations are forms of entra ment, hence the$ are le#al Arbitrar$ *etention with warrant Art- 9=K ;Warrantless arrest> Insti#ation !s- )ntra ment5 e-#- bu$ bust o eration /i!e e8am les 'ri!ate indi!idual both )ffects of criminal liabilit$ of: Insti#ator5liable as rinci al b$ inducement Insti#ated5 rinci al b$ direct artici ation 'ut absolutor$ as to direct artici ation
$rticle 1%
Q: what is miti#atin# circumstance? 5 those which, if resent in the commission of the crime, do not entirel$ free the actor from criminal liabilit$ but ser!e onl$ to reduce the enalt$ Q: What are the Pinds? (rdinar$ 'ri!ile#ed 'ar-9 of Art- 9F becomes a ri!ile#ed miti#atin# circumstance because of Art-<? ;Amurao> Art-<? ma6es ar-9 of Art-9F a ri!- mit- CircumstanceClassification: OR,INAR2 5 offset b$ a #eneric a##ra!atin# circumstance 5 enalt$ lowered to minimum
$RIHIL-;-, 5 cannot be offset b$ a #eneric a##ra!atin# circumstance 5 enalt$ lowered b$ de#ree
Miti#atin# and a##ra!atin# circumstances are not a lied to s ecial enal laws because the enalties in s ecial enal laws cannot be di!ided into three eriods Articl 13%1( 6 Incompl t 8usti'!in& or -. mptin& Circumstanc s
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5 is considered a privileged miti#atin# circumstance, pro&ided, ma4orit$ of the elements re3uired to 4ustif$ or e8em t are resent 5 for the 4ustif$in# circumstances of selfBdefense, defense of relati&e and defense of stran er R the element of unlawful aggression should always be present &All elements of AC or )C resent e8em t or 4ustified &I) elements but not ma4orit$ ordinar$ mit- Circ&Ma4orit$ of the elements are resent5 ri!- mit- Circ'ro!ided that in self defense, defense of relati!e or defense of stran#er, +nlawful a##ression is resentQ: /i!e an e8am le)8am le of miti#atin# circumstance of incom lete accident ;see a#e =K? of boo6> 1here was faultQ: Woman slee in# in her room- Aanitor ha ened to enter the room to clean- %e accidentall$ touched the hand of the woman- 0elie!in# her honor was in dan#er, shot the 4anitor usin# a #un under her illow? ;+" !s- A e#o> Mit- Circ-5 Mista6e of fact of the woman'ri!- Mit- Circ- (f self5defense ;N-0- +nlawful A#ression V either of re3uisites = or F> Q: K: meters awa$5 ri!ile#ed? No, considerin# the distance +A not resent Articl 13%2( 6 Minorit! 5 co!ers minors abo!e 9K $ears but below 9B $ears of a#e ;9<59C $ears old>, who acted with discernment 5 shall be entitled to the benefits of a privileged miti#atin# circumstance 3asis 'or miti&ation: diminution of intelligence 0et- 9K or 9B with discernment5 mit ;reduced b$ one de#ree> Without discernment5 e8em tin# RA ?F@@ did not amend Art- <B Refuse to submit *i!ersion ro#ram 2iolation of conditions Not for best interest *i!ersion ro#ram5 commencement of criminal action5 if e!entuall$ sentenced to con!iction Art- <B will a l$-
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CRIMINAL LAW Lecture & Recitation Notes Articl 13%3( 6 $ra t r Int ntion m 5 offender did not intend to commit so #ra!e a wron#
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5 dis ro ortion of the means em lo$ed to e8ecute the crime and the conse3uences roduced7 there should ha!e been an intent at the moment 3asis 'or miti&ation: lac1 or diminution of intent Eactor to determine e8istence of raeter intentionem, intent bein# a state of mind9> wea on used => nature of in4ur$7 number of in4ur$ F> art of the bod$ in4ured ;location of in4ur$> @> manner of inflictin# in4ur$ 1reacher$ 5 )8ternal .es- Qualif$in# a##ra!atin# if e8ternal in nature can co5e8ist with raeter intentionem which is internal- CL)AR? Q: A intend to in4ure AMurao hit in the ri#ht shoulder *id not submit to medical treatmentAmurao died9st 3uestion: Is A liable? .es, ar- 9 Art-@ Was there treacher$? .esWhence murder ;3ualified b$ treacher$> 0ecause Amurao died, intent to 6ill is b$ law conclusi!eQ: 'eo le !- )nri3ueD ;Abuse of su erior stren#th> Intent to threaten onl$ %ow would $ou classif$? (rdinar$Le#al effect? Minimum )8ce t5 if cancelled b$ #eneric a##ara!atin# circQ: Claim ar- F in !iolation of s ecial enal laws? No, intent is immaterial in offensesQ: 1rue or false: All miti#atin# circ- Can be a reciated in s ecial enal laws? No, enalties not #raduated and di!isible into min, med, ma8 eriods, In #eneral> )8ce t: A#e Articl 13%4( 6 $r s nc o' /u''ici nt $ro"ocation or 1hr at Q: What are the re3uisites? 1. ro!ocation must be sufficient
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2. must ori#inate from the offended art$ 3. that the ro!ocation must be immediate to the act or crime committed b$ the erson who is ro!o6ed Q: What is ro!ocation? $ro"ocation an$ un4ust or im ro er conduct or act of the offended art$ ca able of e8citin#, incitin# or initiatin# an$one I* Wh n is pro"ocation /u''ici nt ade3uate to e8cite a erson to commit the wron# and must accordin#l$ be ro ortionate to its #ra!it$ 5 depends on: ;9> the act constitutin# the ro!ocation ;=> the social standin# of the erson ro!o6ed ;F> the lace and time when the ro!ocation was made .hreats should immediatel$ recede the act 3asis o' th miti&ation* diminution of intelligence and intent
Q: )lements: ;"(I> Q: 1est to determine whether ro!ocation can be considered miti#atin#- What 6ind of ro!ocation? "ufficientQ: When is ro!ocation sufficient? '- =CF Q: %ow soon must the crime be committed? No time to re#ain his reason and to e8ercise self5control 5meanin# of immediatel$ is not with reference to the la se of time er se &Relate to RA1I( (E 1%) LAW 0ut la se of time to re#ain self5control 5 ersonal to $ou ;the ro!ocation> Q: What is the determinin# factor? Influence or effect of the ro!ocation ;w,c means that la se or inter!al of time is allowed de endin# on #ra!it$ of offense> Q: Acts of lasci!iousness committed a#ainst $ou ;= m>7 0orrowed 6nife ;=F: m> Miti#atin# under ar- @? .esQ: +nder ar- <?
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CRIMINAL LAW Lecture & Recitation Notes .esQ: Ma$ $ou consider both to#ether? No, alternati!el$ arisin# from the same factsQ: Is acts lasci!iousness a #ra!e offense? .es-
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Articl 13%5( Imm #iat Hin#ication o' R lati" sE:ims l' 5 5e=uisites: 1. that a #ra!e offense has been done on the one committin# the felon$ or on his relati!es 2. felon$ committed in !indication of such #ra!e offense7 a la se of time is allowed between the !indication and the doin# of the #ra!e offense ,i'' r nc b t5 n $ROHOCA1ION an# HIN,ICA1ION $ro"ocation Hin#ication 5 it is made directl$ onl$ to the erson 5 the #ra!e offense ma$ be committin# the felon$ committed also a#ainst the offenderLs relati!es 5 the cause that brou#ht about the 5 offended art$ must ha!e done ro!ocation need not be a #ra!e a #ra!e offense to offender or offense his relati!es 5 it is necessar$ that the ro!ocation or 5 !indication of the #ra!e offense threat immediatel$ recedes the act ma$ be pro(imate which allows an without inter!al of time inter!al of time R ason 'or th #i'' r nc : vindication concerns the honor of a person 1o determine whether the personal offense is ra&e, the ff- are considered: 5 social standin of the erson 5 time when the insult was made 5 place where the insult was made 5 sometimes, e!en the a e ma$ be considered 3asis 'or th miti&ation: diminution of the conditions of voluntariness Q: 1here are F mit- Circ- 'resent- Will $ou be entitled to the benefits of these MC? No- Arose onl$ out of 9 fact, set of factsQ: ?:F: mother informed $ou that $our sister was ra ed- .ou searched for him with a re!ol!er*id not find him- Eound him after F da$s'assion or obfuscation? No'ro!ocation? No2indication? .es-
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Q: What is re3uired in !indication? La se of time Q: What if after one wee6, !indication? Law sa$s immediate Q: *ifference of meanin# of immediate in ar- @ and K? .esB months, !indicatin#? Q: Chinaman elo ed with sweetheart- 'arent of sweetheart considered it an offense a#ainst famil$- Eather loo6ed ofr dau#hter- Eound her in the house of the chinaman- 1hen father 6noc6ed, Chinaman ran and refused to tal6 with father- Eather enra#ed shot chinaman9> %ow man$ mit- Circ-? 2indication of #ra!e offense 'assion or obfuscation => Must #ra!e offense constitute a crime? NoQ: "u osin# $ou ha!e a first cousin, #irl, so close to $ou, who was ra ed b$ nei#hbor- .ou loo6ed for nei#hbour and shot him deadWhat mit- Circ? 2indication? No, first cousin not contem lated under !indication ;relati!es> Q: Re3uirements of assion or obfuscation? Q: Common law husband as6 common law wife to return home- Wife refused- %usband was humiliated b$ reason of which he stabbed common law wifeMa$ claim assion or obfuscation? No2indication of #ra!e offense? No, not enumerated b$ lawQ: %umiliation, slandered in ublic, is it a crime? .esQ: It is a #ra!e offense a#ainst $ou? Q: What is the crime committed? "lander, Q: Ma$ be committed b$ a common law wife a#ainst a common law husband? .esQ: 'resence of 'J(, 2, and "'5 .es Q: Can $ou consider all of these in $our fa!our? 'J(5 No, not lawful sentiment7 not lawful le#itimate relation "'5 .es
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CRIMINAL LAW Lecture & Recitation Notes 25 .es
Q: (ld man has his own famil$ alread$ but not contented with wife went out e!er$ ni#ht - Met an attracti!e woman in a rostitution house, he con!inced woman to lea!e the rostitution house and the$ li!ed to#ether as husband and wife- Wife leftAfter se!eral da$s, she was found in another rostitution house, con!inced her to to #o bac6- Woman adamant in her refusal- Woman said A$o6o na sa$o, Matanda 6a naMahina na tuhod mo- (ld man was enra#ed, stabbed herQ: Ma$ old man claim 'J(? No- 'eo le !- 0ello is an e8ce tion ; - =?:5=?9> 4,5,? are interrelated because they can e(ist in a sin le act but not necessarily appreciated separately2 Articl 13%<( 6 $assion or Ob'uscation 5 !lements: 1. the accused acted u on im ulse 2. the im ulse must be so owerful that it naturall$ roduced assion or obfuscation in the accused 5eason+ these are causes naturall$ roducin# in a erson owerful e8citement that he loses reason and self5control thereb$ diminishin# the e8ercise of will ower 5ule: the passion or obfuscation should arise from lawful sentiments in order to be miti#atin# 5 5e=uisites: 1. that there be an act, both unlawful and sufficient to roduce such a condition of mind 2. that said act which roduced the obfuscation was not far remo!ed from the commission of the crime b$ a considerable len#th of time, durin# which the er etrator mi#ht reco!er his natural e3uanimit$ ,i'' r nc b t5 n $A//ION or O30D/CA1ION an# IRR-/I/1I3L- 0ORC$assion or Ob'uscation Irr sistibl 0orc 5 a miti#atin# circumstance 5 an e8em tin# circumstance 5 cannot #i!e rise to irresistible force 5 re3uires h$sical force because passion or obfuscation has no physical force 5 the assion or obfuscation is in the 5 must come from a third erson offender himself 5 must arise from lawful sentiments 5 is unlawful ,i'' r nc b t5 n $A//ION or O30D/CA1ION an# $ROHOCA1ION $assion or Ob'uscation $ro"ocation 5 roduced b$ an im ulse which ma$ 5 must come from the in4ured art$
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CRIMINAL LAW Lecture & Recitation Notes be caused b$ ro!ocation 5 the offense which en#enders erturbation of mind need not be immediate7 it is onl$ re3uired that the influence thereof lasts until the moment the crime is committed 5 the effect is loss of reason and self5control on the art of the offender
5 must immediatel$ recede the commission of the crime
5 the effect is also loss of reason and self5control on the art of the offender
Articl 13%A( 6 Holuntar! /urr n# rEHoluntar! Con' ssion o' ;uilt Holuntar! /urr n# r 5 5e=uisites: 1. that the offender had not been actuall$ arrested 2. that the offender surrendered himself to a erson in authorit$ or to the latterLs a#ent 3. that the surrender was !oluntar$ JHoluntar!> to be a reciated, &oluntary surrender must be spontaneous in such a manner that it shows the interest of the accused to surrender unconditionall$ to the authorities, either because ;9> he ac6nowled#ed his #uilt or ;=> because he wishes to sa!e them the trouble and e8 ense necessaril$ incurred in his search and ca ture Intention to surrender without actuall$ surrenderin# is =&6 miti#atin# Holuntar! Con' ssion o' ;uilt 5 5e=uisites: 1. that the offender s ontaneousl$ confessed his #uilt 2. that the confession of #uilt was made in o en court that is before the com etent court that is to tr$ the case 3. that the confession of #uilt was made rior to the resentation of e!idence for the rosecution )!en after arrai#nment, !oluntar$ confession can still be miti#atin#, when with the consent of the ublic rosecutor, there is an amendment in the information R still !oluntar$ confession ;as was held in the midterms> 2oluntar$ confession is usuall$ done durin# arrai#nment What has been admitted need not be ro!en b$ e!idence7 4ud#ment can alread$ be rendered but both sides can still resent e!idence to ro!e a##ra!atin# or miti#atin# circumstances Arrai&nm nt char#es are bein# read to the accused in o en court in a lan#ua#e 6nown to him7 if the char#es are read in a lan#ua#e not 6nown to him, the arrai#nment or lea is void It is the dut$ of courts to read char#es in a lan#ua#e 6nown to him $romul&ation h$sical and actual readin# of the sentence to the accused 5 can be limited to 4ust the dis ositi!e ortion ;the GwhereforeH clause>
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CRIMINAL LAW Lecture & Recitation Notes 5 if there is an acAuittal, the decision is final and e8ecutor$ and not a ris6 of double 4eo ard$
Page ;: of 138 Atty. Maximo Amurao eallable because of the
5 if there is a conviction, the accused has 9K da$s to a!ail of le#al remedies, if not a!ailed after, the con!iction becomes final and e8ecutor$ 3asis 'or miti&ation* lesser perversity of the offender Q: %ow man$ MC? two 9> 2oluntar$ surrender5 (rdinar$ ;not #eneric> => 2oluntar$ confession of #uilt 'ara#ra hs F to 9: are all ordinar$ miti#atin# Reason for considerin# !oluntar$ surrender miti#atin#? 9- Act of re entance and = res ect for law, and F- sa!es time, resources and ener#$ for his search and ca ture 1o whom must 2" be done? 'erson5in5authorit$, *efine ; -F:K> A#ent e-#- of '5I5A 0r#$- Chairman Cit$ Ma$or Aud#e, /o!ernor 'rosecutor, Con#ressman 'resident, 'rofessors, 1eachers A#ents 'olice officers Members of AE' 0r#$- 1anods N0I a#ents "heriffs Pilld nei#hbor, surrender to Amurao, !oluntar$ surrender? .es0oard members of /"I"? .es(f Landban6? .es*0'? .es"""? .es-
NO !" #$%
CRIMINAL LAW Lecture & Recitation Notes 'A/C(R? .es-
Page ;; of 138 Atty. Maximo Amurao
Q: "u osin# accused after 6illin# nei#hbour 4ust sta$ed in his house- When olice officers arri!ed, went with them !oluntaril$5 mit? NoHoluntar! surr n# r not s!non!mous 5ith non?'li&ht. *irect, ositi!e, une3ui!ocal act showin# an intention to submit himself !oluntaril$ either sa!e the #o!t from the time and e8 enses or as a si#n of ac6nowled#ment of #uilt or re entance ;Amurao> (ffender on radio that he was Z9 sus ect in sla$in# of olitician, he came to the olice to clear his name, he has a endin# case for ra e- 2oluntar$ surrender? NoWill surrender onl$ if 9> %e is #i!en s ecial treatment => ref F> aircon 2oluntar$ surrender? NoAfter committin# crime, accused went into hidin#- %e was found after se!eral months- %idin# lace surrounded b$ authorities%e came out sa$in# I surrender- 2"? No ; Internal> Meanin# of s ontaneousKoluntary Confession -$ar2 1* of "rt2142 A case for homicide filed a#ainst accused in 0atanes- + on learnin#, the accused hidin# in 1awi5tawi surrendered to 0r#$- Chairman of 1awi5tawi? .es- 'lace of surrender not si#nificant- It need not be the lace where the case is filedQ: 'hil- Ambassador to Australia, if accused is in Australia u on learnin# of the case filed? .esQ: If surrendered to Australian 'rime Minister? No, not a '5I5A or a#ent under the 'hil laws Q: (n the wa$ to the olice recinct, was a Q: *id not offer resistance? NoQ: Issued warrant, surrendered to 0r#$- 1anod? .es)!en if warrant is alread$ issued? .es, as lon# as not ser!edrehended? .es-
NO !" #$%
Page ;- of 138 Atty. Maximo Amurao
9: months after issuance, surrendered? No- No lon#er s ontaneous"urrender to mother5in5law? NoQ: Re3uisites of 2C/: Com etent court5 meanin#? Court tr$in# the case ( en court5 meanin#? )!en if doors are closed? .esReason behind 2C/? Act of re entance, Ac6nowled#ment of #uilt Accused willin# to lead #uilt$ with condition Ref, aircon, com uter set? NoWhen to lead? Arrai#nment're5trial? ;1here is resentation of witnesses, documents, and #ist of testimon$> After ins ection of e!idence and conclusion, the e!idence a#ainst him is stron#"ta#es Arrai#nment 're5trial 1rial (NL. "+0MI""I(N, N(1 'R)")N1A1I(N 'rosec resented 9st e$ewitness, clear J con!icnin# testimon$ After 9st witness, concludin# that he would be con!icted , withdrew #uilt$ lea- Miti#atin#? NoN-0- N(1 rior to GterminationH Witness onl$ sworn5in, no testimon$ $et miti#atin#? .esAmend info to a lesser offense w,o rotest willin# to lea #uilt$, miti#atin#? .esArticl 13%C( 6 , a'n ss an# ,umbn ss 5 must restrict the means of action, defense or communication with others 3asis 'or miti&ation* offender does not have complete freedom of action4 diminution of freedom and voluntariness
NO !" #$%
0ald? No0lind? .es'artial blindness? .es*eaf b$ one ear? .esCri led? .es1oothless? .esN When must the h$sical defect be resent? At the time of the commission of the crime(R*INAR. MI1Le#al effectsArticl 13%B( 6 Illn ss 5 the offender has diminished e8ercise of will ower7 loss of will ower ma$ e!en be e8em tin# 5 de ri!ation of consciousness 3asis 'or miti&ation* diminution of intelligence and intent Accused rosecuted for sim le theft ;sho liftin# in a mall> *urin# trial, it was ro!ed that he was a 6le tomaniac- Miti#atin#? .esIf rosecuted for frustrated homicide? No, not related to the offense committedAccused rosecuted for ra e- *urin# trial ro!ed to be se8 maniac, Miti#atin#? .esN( C(N1R(L (E 1%)IR (WN WILL A" EAR A" 1%) (EE)N") I" C(NC)RN)* "ame fact5se8 maniac- 'rosecuted for Robber$? No-
Articl 13%19( 6 Oth r Analo&ous Circumstanc s )8am le? 0lind, <: $ears old5C: $ears of a#e Restitution5 !oluntar$ surrenderCreditor, debtorRunnin# awa$ and refuses to a$2ictim brou#ht to the hos ital for treatment5 !oluntar$ surrender/i!in# !ictim a certain amount forQ5 !oluntar$ confessionAealous$- .ou saw $our #irlfriend wal6in# hand5in5hand with another man, $ou inflicted h$sical in4uries? 'assion or obfuscation-
NO !" #$%
Page ;< of 138 Atty. Maximo Amurao
(ther mit- Circ- In the R'C? Infanticide or abortion to conceal dis#race or dishonorAdulter$5 there is abandonment b$ the offended art$- ;+n4ustified>
$rticle 1'
Q: What are a##ra!atin# circumstances? 5 those if resent, are not automaticall$ offset b$ miti#atin# circumstances 5 ma$ increase the enalt$ ro!ided b$ the law without e8ceedin# the ma8imum enalt$ or it chan#es the nature of the crime ? Classification* 1. ; n ric those that #enerall$ a ta6en b$ 'ublic 'osition, etc 2. /p ci'ic those that a
l$ to all crimes, e#- Recidi!ism, Aid of Minors, Ad!anta#e
l$ to articular crimes, e#- I#nomin$, 1reacher$
3. Iuali'!in& 1hose that chan#e the nature of the crime, e#- 1reacher$, )!ident 'remeditation, Cruelt$, etc4. Inh r nt necessit$ accom anies the commission of the crime, e#- se8 is inherent in crimes a#ainst chastit$ ,i'' r nc b t5 ;-N-RIC n ; n ric an# Iuali'!in& IDALI02IN;
5 can be offset b$ an ordinar$ 5 cannot be offset b$ an ordinar$ miti#atin# circumstance 5 the le#al effect is to increase miti#atin# circumstance 5 it chan#es the nature of the crime
the enalt$ to the ma8imum 5 #i!e the crime its ro er and e8clusi!e without e8ceedin# the limit name
(oth Aualifying and generic circumstances must be alle ed in the information7 the rosecution canLt ro!e an a##ra!atin# circumstance durin# trial ; -F=< ZF in the com arison art in the Re$es boo6 is wron#> Articl 14%1( 6 A#"anta& 1a+ n o' $ublic $osition 5 a generic a##ra!atin# circumstance
NO !" #$%
Page -, of 138 Atty. Maximo Amurao
5 based on Re ublic Act C<K?, in crimes committed b$ a ublic officer, the enalt$ rescribed b$ law is alwa$s at the ma3imum, re ardless of the miti atin circumstances presented and re ardless of the nature of these miti atin circumstances $ublic O''ic r for ad!anta#e ta6en to be a reciated, s,he must use the influence, resti#e or ascendanc$ which his office #i!es him as the means b$ which s,he realiDes his ur ose 1here should be a deliberate intent to use the influence, presti e or ascendancy Is it enou#h that the offender is a ublic officer? =&, he has to use the influence, presti e or ascendancy #i!en to him b$ his office #upposin , a olice officer enters the house then ties u the residents and robs them, can the a##ra!atin# circumstance of ad!anta#e ta6en of ublic osition be a reciated? .)" #upposin , a traffic enforcer ta6e o!er the car of a dri!er and s eeds awa$, he is con!icted of robber$, can the a##ra!atin# circumstance of ad!anta#e ta6en of ublic osition be a reciated? .)" #upposin some members of the baran#a$ council as6ed for financial s onsorshi for the education of the communit$, then the ro4ect turned out to be false, can the a##ra!atin# circumstance of ad!anta#e ta6en of ublic osition be a reciated? .)" #upposin , if these crimes were attendant of ne#li#ence, assion or obfuscation, !indication, or sufficient ro!ocation, can the a##ra!atin# circumstance of ad!anta#e ta6en of ublic osition be a reciated? =&, because these circumstances are incompatible with ad!anta#e ta6en of ublic osition since deliberate intent is absent in these instances #upposin , a olice in!esti#ator as6ed a ra e !ictim to enter a room where he committed acts of lasci!iousness on the ra e !ictim, can the a##ra!atin# circumstance of ad!anta#e ta6en of ublic osition be a reciated? /0# 1he a##ra!atin# circumstance of advantage ta en of public position is =&6 a reciated when the public position is an integral element or inherent in the offense7 In the ff crimes, ublic osition is inherent: 5 briber$ 5 mal!ersation of ublic funds 5 indirect briber$ 5 RA F:9? 5 falsification of ublic documents 5 other crimes a#ainst ublic officers under the R'C
3asis 'or th a&&ra"ation* the reater per&ersity of ,1- personal circumstances of the offender, and ,2- means used to secure commission of the crime Articl 14%2( 6 Cont mpt or Insult to $ublic Authoriti s 5 5e=uisites: 1. the ublic authorit$ is en#a#ed in the e8ercise of his official functions 2. the ublic authorit$ is not the !ictim of the crime
NO !" #$%
CRIMINAL LAW Lecture & Recitation Notes 3. offender 6nows him to be a ublic authorit$ 4. his resence has not re!ented the offender from committin# the crime
Page -1 of 138 Atty. Maximo Amurao
#upposin , one "unda$, the ma$or 4ust finished mass, he saw two eo le fi#htin#, he mediated u on introducin# himself, can the a##ra!atin# circumstance of contem t or insult of ublic authorities be a reciated? /0#, because re#ardless of the da$, e!en if "unda$ is not a wor6in# da$, the official function of the ma$or, in this case to maintain eace and order, does not sto as lon# as he is within his 4urisdiction #upposin , usin# the same facts abo!e, the two eo le attac6ed the ma$or, can the a##ra!atin# circumstance of contem t or insult of ublic authorities be a reciated? =&, because the ublic authorit$ should not be the offended art$ #upposin , usin# the same facts, but the ma$or attended the mass in another town, can the a##ra!atin# circumstance of contem t or insult of ublic authorities be a reciated? =&, because mediatin# would not be art of his official functions in that other town #upposin , usin# the same facts abo!e, but the two eo le did not 6now that the one mediatin# was in fact the ma$or, can the a##ra!atin# circumstance of contem t or insult of ublic authorities be a reciated? N(, the offenders ha!e to 6now that he is the ma$or or a ublic authorit$ Q: "u osin# ma$or of town I attendin# weddin# in town .- A crime was committedA##ra!atin#? No- Must be within his 4urisdiction- Not en#a#ed in official duties Articl 14%3( 6 ,isr &ar# o' Ran+, A& , / . or ,5 llin& o' th O'' n# # $art! 5 there are E(+R circumstances in this ara#ra h 5 ran6, a#e, se8 ha!e a common denominator R res ect due to offended art$ ,isr &ar# o' ran+ o' th o'' n# # part! 5 a generic a##ra!atin# circumstance R can be offset b$ an ordinar$ miti#atin# circumstance 5 not a licable to cases attendant of ne#li#ence or carelessness
5 not a licable to cases attendant of assion or obfuscation, !indication or those with sufficient ro!ocation R because of the lac6 of intent 5 this can be done to a erson in authorit$ or his a#ent 5 there should be deliberate intent to disregard or insult R accom anied with the difference in ran6, and manifested b$ deliberate acts 5 inherent in the crime of direct assault
NO !" #$%
Page -+ of 138 Atty. Maximo Amurao
#upposin , a ser#eant was dri!in# a 4ee in a careless manner, then he hit a #eneral, can the a##ra!atin# circumstance of disre#ard of ran6 be a reciated? =&, there was no deliberate intent to disre#ard the ran6 of the #eneral #upposin , h$sical in4uries were made a#ainst 'rof- Amurao b$ his student, can the a##ra!atin# circumstance of disre#ard of ran6 be a reciated? /0#, because 'rof- Amurao is a erson in authorit$ and ran6s hi#her than the student #upposin , a ser#eant sees his wife embracin# a #eneral, then he ran o!er them, can the a##ra!atin# circumstance of disre#ard of ran6 be a reciated? =&, because this circumstance was attendant of assion or obfuscation ,isr &ar# o' a& o' th o'' n# # part! 5 a #eneric a##ra!atin# circumstance R can be offset b$ an ordinar$ miti#atin# circumstance 5 not a licable to cases attendant of ne#li#ence or carelessness
5 not a licable to cases attendant of assion or obfuscation, !indication or those with sufficient ro!ocation R because of the lac6 of intent 5 for this circumstance to be a reciated, the dis arit$ of a#e between offender and !ictim can be determined if the !ictim can be the father of the accused7 a dis arit$ of 9K $ears or more 5 tender a e R for children7 old a e R for old eo le #upposin , the offender was ?: $ears old when he stabbed the 9:K5$ear old !ictim, can the a##ra!atin# circumstance of disre#ard of a#e be a reciated? /0#, e!en if the offender was also !er$ old, the dis arit$ of their a#es still matters ,isr &ar# o' s . o' th o'' n# # part! 5 a #eneric a##ra!atin# circumstance R can be offset b$ an ordinar$ miti#atin# circumstance 5 not a licable to cases attendant of ne#li#ence or carelessness
5 not a licable to cases attendant of assion or obfuscation, !indication or those with sufficient ro!ocation R because of the lac6 of intent 5 the !ictim contem lated in this ara#ra h should be a woman 5 the offender should act with deliberate intent to disrespect the woman 5 disre#ard of se8 is absorbed in treacher$ 5 dwellin# ma$ mean tem orar$ dwellin# ,5 llin& 5 a lace or structure that satisfies the re3uirements of domestic life of a erson
NO !" #$%
5 a generic a##ra!atin# circumstance R can be offset b$ an ordinar$ miti#atin# circumstance 5 there no pro&ocation on the art of the offended art$ 5 all the in redients of the crime should be done in the dwellin# 5 if the offender and offended are both occu ants of the same house, dwellin# cannot be a reciated #upposin , the crime was committed in the garage of the house, can the a##ra!atin# circumstance of dwellin# be a reciated? /0#, because the #ara#e is art of the dwellin# #upposin the crime was done in the roof? /0# #upposin , a child was idnapped while at the stairs of the dwelling, there was no ransom but the child was illed in Cavite, can the a##ra!atin# circumstance of dwellin# be a reciated? /0#, because the stairs is still art of the dwellin# #upposin , a husband ills his wife in their con4u#al dwellin#, can the a##ra!atin# circumstance of dwellin# be a reciated? =& #upposin , the housemaid illed the employer@s child, can the a##ra!atin# circumstance of dwellin# be a reciated? =& #upposin , the accused was on the road when he shot the !ictim who was at the stairs, can dwellin# be a reciated? /0# #upposin , if the victim was in the yard going to the direction of the stairs, can the a##ra!atin# circumstance of dwellin# be a reciated? =& #upposin , the victim was about to step on the stairs? can the a##ra!atin# circumstance of dwellin# be a reciated? /0# #upposin , the employer raped their maid, can the a##ra!atin# circumstance of dwellin# be a reciated? =& #upposin , the houseboy illed the housemaid, can the a##ra!atin# circumstance of dwellin# be a reciated? =& #upposin , the wife illed her husband in the con4u#al house, can the a##ra!atin# circumstance of dwellin# be a reciated? =& #upposin the wife commits adultery, can the a##ra!atin# circumstance of dwellin# be a reciated? /0# #upposin , the owner of the house and the dwellin# of the !ictim, where the victim was a tenant, can the a##ra!atin# circumstance of dwellin# be a reciated? /0#, because dwellin# ma$ mean tem orar$ dwellin# #upposin , the owner was illed in the toilet, can the a##ra!atin# circumstance of dwellin# be a reciated? /0#, because the toilet is art of the dwellin# #upposin , the owner of the house was illed E00 meters from the toilet which was situated outside the house, can the a##ra!atin# circumstance of dwellin# be a reciated? =&, because if $ou destro$ the toilet, the house remains intact 3asis o' th a&&ra"ation* Place of the commission of the crime7 the sanctit$ of ri!ac$ that the law ro!ides the human abode Q: %ow man$ ACLs? @
NO !" #$%
CRIMINAL LAW Lecture & Recitation Notes 9-> =-> F-> @-> Ran6 "e8 A#e *wellin#
Q: Ran6 and abuse of ublic functions can co5e8ist? .es w, "'? No, incom atible w, ',(? No Q: Is it enou#h that the offended oart$ be of hi#her ran6? No- *eliberate intent and with disre#ard - "ame with a#e - "ame with se8 ;not enou#h that offended art$ is a woman> Q: *isre#ard of ran6- Eelon$ committed with ne#li#ence? No- *eliberate intent and ne#li#ence are incom atible - With ',(? No- 'ro!ocation? No - 2indication? .es Q: /eneral has illicit relations with a wife of a "er#eant- "er#eant saw them in ti#ht embrace, shoots the /eneral- A##ra!atin#? No- with assion and obfuscation ; ,o> 2indication of #ra!e offense with disre#ard of ran6? .es the$ are not inconsistent$ge Q: Accidental meetin# between offender and offended? No- must ha!e deliberate intent Q: " ur of the moment? No- same reason- A lies also to Ran6 0$ accident? NoRan+ is a & n ric Q: what is the Le#al effect? Not offset b$ an$ ordinar$ miti#atin# circumstance- Raises the enalt$ to the ma8imum - Can be offset b$ mit circumstance Q: When there are = or more #eneric a##, not offset b$ ordinar$ mit, can the enalt$ #o be$ond the ma8 rescribed b$ law? NoWhen there are 9:? NoMust not e8ceed the enalt$ rescribed b$ law for the offense What is the re3uired a#e difference? 9K $ears at least ;could be the father>
NO !" #$%
Page -: of 138 Atty. Maximo Amurao
Le#al effect? Not offset b$ an$ ordinar$ miti#atin# circumstance- Raises the enalt$ to the ma8imum Can be offset b$ mit circumstance
When there are = or more #eneric a##, not offset b$ ordinar$ mit, can the enalt$ #o be$ond the ma8 rescribed b$ law? NoWhen there are 9:? NoMust not e8ceed the enalt$ rescribed b$ law for the offense
What is the re3uired a#e difference? 9K $ears at least ;could be the father> A#e is #eneric ?K5 offended7 ?:5 offender a#e a##ra!atin#? No(ld man humiliated $ou in ublic- .ou stabbed him- A##ra!atin#? No- "ufficient ro!ocation is incom atible.ou attac6ed a <: $o man who filed a criminal case a#ainst $ou- A##ra!atin#? .es- No assion or obfuscation#5'assion or obfuscation must arise from unlawful action.ou stabbed an old man who aimed a re!ol!er at $ou- Not a##ra!atin#- No sufficient ro!ocationA& is & n ric ?K5 offended7 ?:5 offender a#e a##ra!atin#? No(ld man humiliated $ou in ublic- .ou stabbed him- A##ra!atin#? No- "ufficient ro!ocation is incom atible.ou attac6ed a <: $o man who filed a criminal case a#ainst $ou- A##ra!atin#? .es- No assion or obfuscation#5'assion or obfuscation must arise from unlawful action.ou stabbed an old man who aimed a re!ol!er at $ou- Not a##ra!atin#- No sufficient ro!ocation"e8
NO !" #$%
Page -; of 138 Atty. Maximo Amurao
Q: Considered in ra e as a##ra!atin#? No- inherent /eneric Can be a reciated in crimes a#ainst erson? .es but not in ra e ;inherent> Accused intended to 6ill husband-"aw husband and wife wal6in#- Eired at the husband but hit the wife- Not a##ra!atin#- No deliberate intentWh$ is se8 a##ra!atin#? Wemen belon# to the wea6er se8If the woman is a blac6 belter? No lon#er a##ra!atin#- Reason for law donLt e8ist an$moreRan6, A#e, "e8 and *wellin# common element? R)"')C1 ;deliberate disre#ard of the res ect> *wellin# What is dwellin#? ;&Llo$d used the definition in the boo6- MALI> /eneric Comfor room a dwellin#? No*wellin# a lace of structure which satisfies the re3uirements of domestic life of a erson Is it enou#h that the crime be committed in the dwellin#? No- deliberate disre#ard of the res ect due to the offended art$ in the dwellin#- Incoma atible with ne#li#ence - Incom atible with ,o - Incom atible with sufficient ro!ocation 52indication can co5e8ist with dwellin#? .es- 1he$ are not incom atibleAccused shot the !ictim while on the roof- *wellin# is a##ra!atin# Accused was in the middle of the road- 2ictim was brushin# his teeth b$ the window of the house- *wellin# is a##ra!atin#, re#ardless of the location of the offender Accused under the house of !ictim- 2ictim on the u er ortion- A##ra!atin#? .es-
- Car ort? .es - Comfort room of house? .es - If the CR is K:: meters from the house? No- no lon#er an inte#ral art of the house2ictim inside car- Car is in car ort? .es"on of owner of house, ra ed housemaid- Not a##ra!atin#- Must not be li!in# in the same house-
NO !" #$%
Page -- of 138 Atty. Maximo Amurao
5Maid onl$ re orts from < am to ? m- 1hen #oes home to famil$- NoEamil$ dri!er re orts from <am to B m- )m lo$er was out, dri!er ra ed thesta$5in housemaid1his is a##ra!atin#"iblin#s brother 6illed brother? No%usband 6illed aramour in con4u#al room- A##ra!atin# a#ainst the husband? No Wife had se8 with a stran#er in the con4u#al room- A##ra!atin# a#ainst wife? .es- "ee a#e FK@- )8ce tion to the rule that dwellin# is not a##ra!atin# if both is li!in# insideIf the owner is the offender? No, as a #eneral rule )8ce tion: lease Gtem orar$ dwellin#H
Articl 14%4( 6 Abus o' Con'i# nc EOb"ious Dn&rat 'uln ss 5 this ara#ra h contem lates 1W( a##ra!atin# circumstances Abus o' Con'i# nc e8ists onl$ when the offended art$ has trusted the offender who later abuses such trust b$ committin# the crime- 1he abuse of confidence must be a means of facilitatin# the commission of the crime- 1he cul rit ta6in# ad!anta#e of the offended art$Ls belief that the former would not abuse said confidence 5 a generic a##ra!atin# circumstance R can be offset b$ an ordinar$ miti#atin# circumstance7 can be raised to the ma8imum 1here are instances where abuse of confidence is Aualifying: 5 3ualified theft 5 3ualified ra e 5 3ualified seduction R )uisit s* 1. offender had trusted the offended 2. offender abused such trust with the commission of the crime 3. abuse of confidence facilitated the commission of the crime 1here should be direct relationship and trust Confidence must be immediate and ersonal Abuse of Confidence is inherent in the ff: 5 mal!ersation 5 3ualified theft 5 estafa 5 3ualified seduction
#upposin , lovers bro e off 1 wee before their encounter, can the a##ra!atin# circumstance of abuse of confidence be a reciated? =&
NO !" #$%
#upposin , a nanny illed 2 yr!old child under her care, can the a##ra!atin# circumstance of abuse of confidence be a reciated? =&, because there is no direct relationshi and trust between the nann$ and child #upposin , the nanny illed the mother of that child under her care, can the a##ra!atin# circumstance of abuse of confidence be a reciated? /0#, because there is direct relationshi and trust between the nann$ and the arents of the child Dn&rat 'uln ss must be ob!ious, manifest and clear 5 a generic a##ra!atin# circumstance R can be offset b$ an ordinar$ miti#atin# circumstance7 can be raised to the ma8imum 5 a licable to domestic ser!ants, G6atiwalasH, securit$ #uards 5 not a licable to if offender and offended both li!e in the same house 3asis 'or a&&ra"ation: #reater er!ersit$ of the wa$s and means em lo$ed Abuse of confidence in estafa? Inherent(b!ious un#ratefulness )m lo$er attem ted a#ainst the honor of housemaid- After se!eral da$, em lo$er in!ited housemaid to farm- Ra ed housemaid- NoAbuse of confidence? Confidence bro6en Articl 14%5( 6 $alac an# $lac s o' Commission o' O'' ns 5 this ara#ra h contem lates E(+R a##ra!atin# circumstances 5 offender must ha!e the intention to commit a crime when he entered the lace 5 all the four circumstances are not a licable to cases attendant of assion or obfuscation, immediate !indication or those with sufficient ro!ocation R because of the lac6 of intent 5 not a licable to cases in!ol!in# s urs of the moment or chance meetin#s
Wisdom behind this circumstance: Wh$ a##ra!ate? WhatLs with the lace? 0ecause the lace deserves respect ;a lies to all the laces mentioned under this ara#ra h> Crim committ # in th $alac o' th Chi ' -. cuti" 5 a generic a##ra!atin# circumstance R can be offset b$ an ordinar$ miti#atin# circumstance7 enalt$ can be raised to the ma8imum 5 Is it necessary that the Chief )8ecuti!e be there? =& 5 the alace contem lated here is the Malacanan# 'alace
NO !" #$%
Page -< of 138 Atty. Maximo Amurao
#upposin , the chef of the Chief 03ecutive illed a +anitor, can the a##ra!atin# circumstance of alace of the Chief )8ecuti!e be a reciated? /0#, the Chief )8ecuti!e need not be there #upposin , a guest shot to death 4G *i e $rroyo, can the a##ra!atin# circumstance of alace of the Chief )8ecuti!e be a reciated? /0# #upposin , usin# the same facts abo!e, the crime was committed in the lawn, can the a##ra!atin# circumstance of alace of the Chief )8ecuti!e be a reciated? =&, because the lawn is not art of the alace #upposin , usin# the same facts abo!e, the crime was committed in the presidential mansion, can the a##ra!atin# circumstance of alace of the Chief )8ecuti!e be a reciated? =&, because the mansion is not the alace Crim committ # in th $r s nc o' th Chi ' -. cuti" 5 a generic a##ra!atin# circumstance R can be offset b$ an ordinar$ miti#atin# circumstance7 enalt$ can be raised to the ma8imum 5 re3uires the personal presence of the Chief )8ecuti!e 5 Is it necessar$ that the crime be committed in the 'residential alace? =& #upposin , the president personally saw the crime, can the a##ra!atin# circumstance of in the resence of the Chief )8ecuti!e be a reciated? /0# #upposin , the president, while watching television, saw the crime? can the a##ra!atin# circumstance of alace of the Chief )8ecuti!e be a reciated? =& #upposin , on?board a helicopter, the Chief 03ecutive saw the crime from a distance, can the a##ra!atin# circumstance of alace of the Chief )8ecuti!e be a reciated? /0# #upposin , the offender had no nowledge that the Chief 03ecutive was present or near the place of the commission of the crime, can the a##ra!atin# circumstance of alace of the Chief )8ecuti!e be a reciated? =& Crim committ # in th $lac 5h r $ublic Authoriti s ar in th ,ischar& o' th ir ,uti s 5 a generic a##ra!atin# circumstance R can be offset b$ an ordinar$ miti#atin# circumstance7 enalt$ can be raised to the ma8imum 5 em hasiDes the place of the commission of the crime 5 the ublic authorit$ must be in the e8ercise or erformance of oneLs official function Crim committ # in a $lac , #icat # 'or R li&ious Worship 5 a generic a##ra!atin# circumstance R can be offset b$ an ordinar$ miti#atin# circumstance7 enalt$ can be raised to the ma8imum 5 em hasiDes the respect that should be afforded to the lace #upposin , there was no ceremony in the church when the crime was committed, can the a##ra!atin# circumstance of lace dedicated for reli#ious worshi be a reciated? /0# #upposin , there was no priest in the church, can the a##ra!atin# circumstance of lace dedicated for reli#ious worshi be a reciated? /0#
NO !" #$%
#upposin , the crime was committed in a chapel inside a cemetery ,the chapel is used only when there are masses to be held for purposes of funeral services-, can the a##ra!atin# circumstance of lace dedicated for reli#ious worshi be a reciated? =&, the lace of reli#ious worshi should hold reli#ious ceremonies there regularly 3asis 'or a&&ra"ation* #reater er!ersit$ shown b$ the place of the commission of the crime, which must be respected /eneric )m hasis of ar K? 'LAC) of the commission of the crime- ;res ect due to the lace> 'res No$no$ in 1imes "t- Crime committed in Malacanan# #rounds- ;#arden>- No, must be in alace itself, not #ardenIf the con!o$ was cau#ht in hea!$ traffic- Accused 6new it was the residentLs con!o$Committed holdu in the streets- A##ra!atin#? .es Incom atible with ne#li#ence, ,o and s 'resident no$no$ in helico ter ho!erin# o!er the ro4ects- 1wo wor6ers had a fi#ht- (ne stabbed another to death within !iew of resident no$no$- A##ra!atin#? .es'lace de!oted for reli#ious worshi /enericIs it enou#h that the crime be committed in a lace decoted to reli#ious worshi ? No- deliberate intentAccused ra e !ictim while ra$in# in "an 0eda Abbe$? .es If in a ri!ate cha el in $our house? No- 9-> re#ular worshi - Re#ular reli#ious worshi - =-> must be o en to the ublicCha els in cemeteries? No-
'ublic authorities are en#a#ed in the erformance #enerice Not necessar$ that the 'A must be en#a#ed in the erformance of functions- Wh$? )m hasis is in the lace- Reason is the res ect due to the laceChief 4ustice aslee in his house- 1he (ffice of Chief Austice was robbed- A##ra!atin#? .es (ffice of "enate 'res while "' was slee in# in his house in the middle of the ni#ht? .es
NO !" #$%
0((P I" WR(N/- It will collide with ar = if it will be re3uired that the 'A should be in the e8ercise of his functions Articl 14%<( 6 Ni&httim , Dninhabit # $lac or 3an# 5 this ara#ra h contem lates 1%R)) a##ra!atin# circumstances 5 all the three circumstances are not a licable to cases attendant of assion or obfuscation or those with sufficient ro!ocation Applicabl in cas s 5h r : 1. the circumstance facilitated the commission of the crime 2. the circumstance was especially sought for b$ the offender to insure the commission of the crime or for the ur ose of im unit$ ? to commit the crime with more ease ? contem lates a lanned attac67 not a mere encounter 3. the offender too advantage of the circumstance for the purpose of impunity ? to re!ent bein# reco#niDed or to secure himself a#ainst detection Ni&httim 5 a Aualifying a##ra!atin# circumstance R cannot be offset b$ a miti#atin#7 C:$=G0# 6:0 =$6"R0 &4 6:0 CR.*0 5 ni#httime means: be#innin# at the end of dus6 and endin# at dawn 5 it is not enou#h that it was ni#httime 5 what is es eciall$ sou#ht for b$ the offender is the dar6ness of the ni#ht 5 this circumstance is not a licable to cases in!ol!in# accidents, accidental meetin#s, chance encounters, or s urs of the moment #upposin , the crime was committed inside a dar movie house at around 'pm, can the a##ra!atin# circumstance of ni#httime be a reciated? =&, because was should be es eciall$ sou#ht for is the dar6ness of ni#ht, not the dar6ness of the mo!ie house when the li#hts were onl$ off because it was onl$ @ in the afternoon #upposin , the crime was committed inside a movie house when the lights were still open and the time then was Cpm, can the a##ra!atin# circumstance of ni#httime be a reciated? =&, because e!en thou#h it was ni#httime, the lace of the commission was well5li#hted when it was committed #upposin , the crime was committed in a place where it was well?lighted by a *eralco lightpost, can the a##ra!atin# circumstance of ni#httime be a reciated? =& Dninhabit # $lac 5 a Aualifying a##ra!atin# circumstance R cannot be offset b$ a miti#atin#7 C:$=G0# 6:0 =$6"R0 &4 6:0 CR.*0 5 there should be intent " ur of the moment Not a licable
NO !" #$%
What is considered is the reasonable possibility for the &ictim to recei&e some help4 the de ree of difficulty of i&in assistance or help "olitude ;must be sou#ht for to better attain criminal ur ose> 5 for an eas$ and uninterru ted accom lishment of their criminal desi#n 5 to insure concealment of the offense7 securit$ a#ainst detection and unishment 3an# 5 more than three malefactors 5 shall ha!e acted together 5 a Aualifying a##ra!atin# circumstance R cannot be offset b$ a miti#atin#7 C:$=G0# 6:0 =$6"R0 &4 6:0 CR.*0 What do $ou mean b$ GarmedH? onl$ #uns? N(, 6ni!es are considered7 an$thin# that can 6ill a erson A##ra!atin# in crimes a ainst property and crimes a ainst persons7 N(1 a licable in crimes a#ainst chastit$ 3asis 'or a&&ra"ation* time L place of the commission J means employed %ow man$ AC? F Ni#httime #eneric ;with 4uris rudence> Ni#httime as absorbed in treacher$ 3ualifies homicide to murder What is ni#httime? '- F<K B m- Met in the classroom- "tabbed amurao- A##ra!atin#? No- classroom is well li#htedIncom atible with: accidental meetin#, ne#li#ence, ,o, s, , s ur of the moment"tarted the crime at K m ;sunset> finishes at 99 m a##ra!atin#? No- unset not dar6 $et"tarted at F am KF: m sunrise? No*eliberate intentIf the crime was finished onl$ at ni#httime not a##ra!atin# Mo!iehouse- Li#hts off? NoAnnouncement of total ecli se causin# total dar6ness from F m to K m- .ou lan to 6ill $our nei#hbor when the ecli se set in- not a##ra!atin# [6illed durin# full moon-no clouds co!ered the moon- N( - Ni#httime to be a##ra!atin#, the accused must ha!e sou#ht the dar6ness of the ni#htIn crimes a#ainst erson ma$ be an indicia of treacher$+ninhabited lace /eneric Le#al effect? Wh$ a##ra!atin#? No ossibilit$ of recei!in# hel ;1)"1> *eliberate intent Incom atible with ne#li#ence, s , ,o, chance encounter, s ur of the moment, Can treacher$ absorb this ac? .es0$ 0and
NO !" #$%
/eneric Absorbed b$ treacher$? .es "$non$mous with s$ndicate? No - = or more - Not necessaril$ armed K ersons commirtted robber$, onl$ F armed- 0$a band? No- at least @ armed-
Articl 14%A( 6 On occasion o' calamit! or mis'ortun 5 that the crime be committed on the occasion of a confla#ration, shi wrec6, earth3ua6e, e idemic or other calamit$ or misfortune 5 a Aualifying a##ra!atin# circumstance R cannot be offset b$ a miti#atin#7 C:$=G0# 6:0 =$6"R0 &4 6:0 CR.*0 5 there should be deliberate intent to ta6e ad!anta#e 5 this circumstance is not applicable to cases in!ol!in# accidents, accidental meetin#s, chance encounters, or s urs of the moment 5 this circumstance is not applicable to cases attendant of ne#li#ence or carelessness 5 not applicable to cases attendant of assion or obfuscation or those with sufficient ro!ocation R ason* in the midst of #reat calamit$, instead lendin# aid to the afflicted, the offender adds to the !ictimsL sufferin# b$ ta6in# ad!anta#e of their ad!anta#e of their misfortune to des oil 1he offender must see for the calamity as an opportunity to ta6e ad!anta#e or to commit the crime #upposin , the offender saw his mortal enem$ in a flood, then he 6illed his mortal enem$, can the a##ra!atin# circumstance of be a reciated? =& 3asis 'or a&&ra"ation* time of the commission of the crime 'ARA/RA'% C Incom Qualif$in# Le#al effect *eliberate intent must ta6e ad!anta#e of the calamit$ atible with ne#li#ence
Confla#ration Retrie!in# $our ro ert$- Accidentall$ met $our mortal enem$- "tabbed him- Not a##ra!atin# Incom atible with: ,o, s ur of the moment, s
NO !" #$%
Confla#ration 5 A stran#er too6 $our ro erties, what is the crime- Qualified theft Articl 14%C( 6 Ai# or Arm # M n, tc. 5 that the crime be committed with the aid of ;9> armed men or, ;=> ersons who insure or afford im unit$ Arm # M n 5 at least two ;=> men7 the law sa$s GmenH7 four ;@> men R band alread$ 5 a Aualifying a##ra!atin# circumstance R cannot be offset b$ a miti#atin#7 C:$=G0# 6:0 =$6"R0 &4 6:0 CR.*0 Rul * Casual pr s nc of armed men is =&6 aggravating 1he armed men must ta6e art directly or indirectly in the crime 1he offender must a!ail of the aid Mere moral or psychological aid or reliance is sufficient "ctual aid is =&6 necessar$ $ rsons 5ho insur or a''or# impunit! ? a Aualifying a##ra!atin# circumstance R cannot be offset b$ a miti#atin#7 C:$=G0# 6:0 =$6"R0 &4 6:0 CR.*0 5 these ersons should ha&e or be in a position to afford im unit$ Is a +udge a erson who can afford im unit$? /0# Is an employee a erson who can afford im unit$? =& Is a secretary a erson who can afford im unit$? =& Is a mistress a erson who can afford im unit$? =& 3asis 'or a&&ra"ation* means and wa$s of committin# the crime 'ARA/RA'% B %ow man$? = 9-> Aid of armed men =-> Aid of ersons who afford im unit$ Classification\ 3ualif$in# Le#al effect? Re3uirements: 9-> 1oo6 art =-> A!ailed or relied Armed men distin#uished from band:
NO !" #$%
CRIMINAL LAW Lecture & Recitation Notes = *irect or indirect @ directl$ too6 art
What 6ind of aid is contem lated? Moral or s$cholo#ical will suffice7 material A and @ friends decided to 6ill Amurao- @ friends all armed outside the #ate- A armed with licensed re!ol!er- @ friends will onl$ hel u on si#nal- A##ra!atin#? .esCasual resence of armed men alread$ a##ra!atin#? No 'olice ma4or celebratin# bda$- In!ited subordinates with ser!ice firearms- A #uest stabbed another #uest No Im unit$ Qualif$in# Le#al effect? e-#- first #entleman a rochaed to rotect $ou after 6illin# somebod$ .es
Chieftain of A005N'A ;notorious>- A##ra!atin#? .es- Im unit$ for Criminal 'rosecutionAssurance that there will be no com lainant and witnesses .es- not re3uired to be le#al sourceMistress of ma$or to afford im unit$ $es Articl 14%B( 6 R ci#i"ism 5 a generic a##ra!atin# circumstance R can be offset b$ an ordinar$ miti#atin# circumstance7 enalt$ can be raised to the ma8imum R ci#i"ist one who, at the time of his trial for one crime, shall ha!e been re!iousl$ con!icted b$ final 4ud#ment of another crime embraced in the same title of the R'C R )uisit s* 1. that the offender is on trial for an offense 2. that he was re!iousl$ con!icted by final +udgment of another crime 3. that both the first and the second offense are embraced in the same title of the R'C 4- that the offender is con!icted of the new offense #upposin , the first offense was acts of lasci!iousness in 9?B:, then the second offense in =::< was attem ted ra e, can the a##ra!atin# circumstance of recidi!ism be a reciated?
NO !" #$%
=&, because acts of lasci!iousness and attem ted ra e are not embraced in the same title of the R'C7 acts of lasci!iousness5crimes a#ainst chastit$7 attem ted ra e5crimes a#ainst ersons #upposin the first offense in 9?B: was attem ted ra e, then the second offense in =::< was acts of lasci!iousness, can the a##ra!atin# circumstance of recidi!ism be a reciated? /0# because attem ted ra e then in 9?B: was embraced under crimes a#ainst chastit$, hence both crimes are embraced in the same title of the R'C Pardon does not obliterate the fact that the accused was a recidi!ist 1he time or period between the two offenses is immaterial 3asis 'or a&&ra"ation* inclination to crimes Incom Qualif$in# Le#al effect *eliberate intent must ta6e ad!anta#e of the calamit$ atible with ne#li#ence
Confla#ration Retrie!in# $our ro ert$- Accidentall$ met $our mortal enem$- "tabbed him- Not a##ra!atin# Incom atible with: ,o, s ur of the moment, s Confla#ration 5 A stran#er too6 $our ro erties, what is the crime- Qualified theftRecidi!ist define 2iolation of s ecial enal laws 5 No, must be in the R'C "im le theft con!ict endin# a 2iolation of anti fencin# law No Qualified theft endin# a eal eal
Accom lice in attem ted robber$ no, final 4ud#ment 0efore BFKF attem ted ra e ser!ed sentence "li#ht h$sical in4uries N(5 not embraced 'ublic interest in the same title of R'C Ealsification of commercial documents )stafa - 'o ert$ 9?C:5=:9:: not embraced in the same title-
NO !" #$%
Articl 14%19( 6 R it racion or :abitualit! 5 that the offender has been re!iousl$ unished for an offense to which the law attaches an e3ual or #reater enalt$ or for two or more crimes to which it attaches a li#hter enalt$ 5 a generic a##ra!atin# circumstance R can be offset b$ an ordinar$ miti#atin# circumstance7 enalt$ can be raised to the ma8imum R )uisit s* 1- that the accused is on trial for an offense 2- that he re!iousl$ ser!ed sentence for another offense to which the law attaches an e3ual or #reater enalt$ or for = or more crimes to which it attaches a li#hter enalt$ than that for the new offense 3- that he is con!icted of the new offense ,i'' r nc b t5 n R ci#i"ism an# R it racion R-I1-RACION 5 its necessar$ that the offender shall ha!e ser!ed out his sentence for the 9st offense 5 re3uires that both offenses be embraced in the same title of the R'C 5 9st and =nd offense must not be embraced in same title of the R'C
R-CI,IHI/M 5 its enou#h that a final 4ud#ment
has been rendered for the 9st offense
5 alwa$s ta6en into consideration in 5 not alwa$s an a##ra!atin# terms of the enalt$ to be im osed circumstance 5 re!ious crimes must be of e3ual or #reater in enalt$ ;at least one> or at least two li#hter enalties If the 2nd crime is an offense or crime punishable under a special law, it cannot be considered under reiteracion because "rticles 13, 14, 15 of the 5$C are not applicable to special law crimes, a licable onl$ to crimes defined under the Re!ised 'enal Code #upposin , the 9st offense is ille#al ossession of firearms ;a s ecial law crime>, unishable b$ reclusion tem oral, while the =nd offense is less serious h$sical in4uries, can the a##ra!atin# circumstance of reiteracion be a reciated? /0#, if the offender was pre&iously punished for a special law crime or an offense, the nature of the crime is immaterial4 the emphasis is on the punishment or penalty
NO !" #$%
0our 0orms o' R p tition 1. Recidi!ism 3. %abitual *elin3uenc$,Multi5recidi!ism 2. Reiteracion or %abitualit$ 4. Quasi5recidi!ism
:abitual , lin)u nc! when a erson within a eriod of 9: $ears from the date of release or last con!iction of the crimes of serious or less serious h$sical in4uries, robber$, theft, estafa, or falsification, found #uilt$ for a Frd time or oftener- A habitual delin3uent shall suffer an additional enalt$
Iuasi?r ci#i"ism an$ erson who shall commit a felon$ after ha!in# been con!icted b$ final 4ud#ment before be#innin# to ser!e such sentence or while ser!in# the same, shall be unished b$ the ma8imum eriod of the enalt$ rescribed b$ law for the new enalt$ 3asis 'or a&&ra"ation* inclination to crimes Reiteraciion and recidi!ism distin#uish Murder ardon- A##ra!atin#? .es- 'ardon does not obliterateAttem ted homicide < $ears robation Erustrated murder No"erious h$sical in4uries @ $ears, obation Less serious no Classification #eneric Le#al effect? Attem ted homicide not alle#ed but ro!ed durin# trial a without ob4ection reciate habitualit$? .es, #eneric if
*istin#uish from habitual delin3uenc$ nature of offense 9: $ears re3uired %abitualit$ #eneric 0oth must be alle#ed in the information
NO !" #$%
Articl 14%11( 6 $ric , R 5ar# or $romis ? a Aualifying a##ra!atin# circumstance R cannot be offset b$ a miti#atin#7 C:$=G0# 6:0 =$6"R0 &4 6:0 CR.*0 1he price, reward or promise must be the sole motivating factor for committin# the crime7 must be for the ur ose of inducin# another to erform a deed 1here should be two or more offenders: the one who offers, the one who accepts it Criminal $articipation* the one who offers is a principal by inducement, the one who accepts is a principal by direct participation It is not necessar$ that the rinci al b$ direct artici ation recei!e the reward or romise7 what is im ortant is that the reward or romise was the sole moti!atin# factor otherwise the crime would not ha!e been committed #upposin , the one who commits the crime 6nows of the reward or romise alread$, can the a##ra!atin# circumstance of rice, reward or romise be a reciated? =&, because there was no moti!ation alread$ 3asis 'or a&&ra"ation* #reater er!ersit$ by the moti&atin power itself 'rice, reward or romise - At least = or more offenders - Must be the sole miti#atin# ower without which there would be no crime - Qualif$inf le#al effects /i!in# reward rinci al b$ inducement Acce tor direct artici ation Necessar$ that accused actuall$ recei!ed? N( .ou a roached a #un5for5hire- 'aid K:6 to 6ill Amurao- /un for hire was his former student willin# to 6ill Amurao without rice- A##ra!atin#? No Articl 14%12( 6 3! m ans o' inun#ation, 'ir , tc. 5 that the crime be committed b$ means of inundation, fire, oison, e8 losion, strandin#, of a !essel or intentional dama#e thereto, derailment of a locomoti!e, or b$ the use of an$ other artifice in!ol!in# #reat waste and ruin 5 a Aualifying a##ra!atin# circumstance R cannot be offset b$ a miti#atin#7 C:$=G0# 6:0 =$6"R0 &4 6:0 CR.*0 1here are instances when these circumstances are inherent in the crime, thus cannot be appreciated as a##ra!atin# circumstances: 1. Gb$ means of fireH5 inherent in arson 2. Gb$ means of derailment of locomoti!eH inherent in dama#e to means of communication
NO !" #$%
Page <, of 138 Atty. Maximo Amurao
3. Gb$ means of e8 losionH5 without intent to 6ill, inherent in destruction to ro ert$ ,i'' r nc o' $ar.A an# $ar.12 'ar-C R on occasion of calamit$ or misfortune7 not within offenderLs control 'ar-9= R the acts of #reat waste and ruin are used by the offender as means 3asis 'or a&&ra"ation: means and ways em lo$ed Articl 14%13( 6 -"i# nt $r m #itation 5 a Aualifying a##ra!atin# circumstance R cannot be offset b$ a miti#atin#7 C:$=G0# 6:0 =$6"R0 &4 6:0 CR.*0 5 this circumstance is not applicable to cases in!ol!in# accidents, accidental meetin#s, chance encounters, or s urs of the moment 5 this circumstance is not applicable to cases attendant of ne#li#ence or carelessness 5 not applicable to cases attendant of assion or obfuscation or those with sufficient ro!ocation -"i# nt $r m #itation the essence of such is that the e8ecution of the criminal act must be receded b$ cool thou#ht and reflection u on the resolution to carr$ out the criminal intent durin# the s ace of time sufficient to arri!e at a calm 4ud#ment R )uisit s* 1. the time when the offender determined to commit the crime 2. an act manifestl$ indicatin# that the cul rit has clung to his determination7 throu#h an o!ert act 3. the date H time when the crime was committed ;to com ute la se of time> 4. a sufficient lapse of time between the determination and e3ecution, to allow him to reflect u on the conse3uences of his act and to allow his conscience to o!ercome the resolution of his will
Is the a##ra!atin# circumstance of )!ident 'remeditation com atible with the miti#atin# circumstance Immediate 2indication of a Relati!e for a /ra!e (ffense? /0#, the miti#atin# circumstance and a##ra!atin# circumstance can be a reciated Can e!ident remeditation be resent in error in personae? N( Can e!ident remeditation be resent in aberratio ictus? N(
NO !" #$%
Page <1 of 138 Atty. Maximo Amurao
#upposin , $ou intended to 6ill 'rof- Amurao, thin6in# it was him, $ou shot at the erson, who turned out to be *ean Aara, can the a##ra!atin# circumstance of e!ident remeditation be a reciated? =&, because there should be deliberate intent to 6ill *ean Aara ; n ral rul * In aberratio ictus, e!ident remeditation is N(1 a licable -.c ption* if there was a #eneral lan to 6ill an$one7 if offenders intended to 6ill an$one 3asis 'or a&&ra"ation* reference to the wa$s of committin# the crime because e!ident remeditation im lies deliberate lannin# of the act before e8ecutin# it )lements: @ Classification 3ualif$in# Le#al effects? Incom atible with ne#li#ence, s ur of the moment, accidental meetin#, ,o, s 2indication of #ra!e offense? .es )rror in ersonae 5#eneral rule: No )8ce t: if there is a #eneral lan Accused has a s ecific !ictim but willin# to 6ill a erson who interfered- .es Abberatio ictus: No Articl 14%14( 6 Cra't, 0rau#, ,is&uis 5 that ;9> craft, ;=> fraud, ;F> dis#uise be em lo$ed 5 this ara#ra h contem lates 1:R-- a##ra!atin# circumstances 5 a Aualifying a##ra!atin# circumstance R cannot be offset b$ a miti#atin#7 C:$=G0# 6:0 =$6"R0 &4 6:0 CR.*0 Cra't in!ol!es intellectual tric1ery and cunnin on the art of accused #upposin , the accused pretended to be a customer, then he robbed the lace, can the a##ra!atin# circumstance of craft be a reciated? /0# #upposin the accused pretended to be a person in authority, for e8am le osin# as Meralco officials, then the$ commit a crime, can the a##ra!atin# circumstance of craft be a reciated? /0# 0rau# insidious words or machinations used to induce the !ictim ,raudulent machinations and ra&e abuse of authority will be absorbed in the crime of rap Eraud is inherent in the crime of estafa
NO !" #$%
Page <+ of 138 Atty. Maximo Amurao
,is&uis resortin# to an$ de&ice to conceal identity !(amples: 5 wearin# a mas6 5 use of an assumed name 5 wearin# a uniform of a olice officer Q: Craft definition It is Qualif$in#5le#al effects )8am le: A, 0, C in order to 6ill *, told the latter the$ are #oin# on cam in#, 6illed * in the forest Eraud Qualif$in#5 le#al effects )stafa5le#al effect of fraud It is inherent in the commission of estafa inherent in Art- =9F *is#uise When is there dis#uise? Qualif$in#5le#al effect )8am le: "e!eral members of 0onnet /an# committed robber$ in the hi#hwa$ 3asis o' a&&ra"ation* means em lo$ed Articl 14%15( 6 Abus o' /up rior /tr n&thEM ans to W a+ n , ' ns 5 that ;9> ad!anta#e be ta6en of su erior stren#th or ;=> means be em lo$ed to wea6en the defense 5 this ara#ra h contem lates 1W( a##ra!atin# circumstances 5 a Aualifying a##ra!atin# circumstance R cannot be offset b$ a miti#atin#7 C:$=G0# 6:0 =$6"R0 &4 6:0 CR.*0 5 there should be deliberate intent to ta6e ad!anta#e of su erior stren#th Abus o' /up rior /tr n&th de ends on the age, si<e, and strength of the arties7 it is considered whene!er there is notorious ineAuality of forces between the !ictim and the a##ressor, assessin# a su eriorit$ of stren#th notoriousl$ ad!anta#eous for the a##ressor which is selected or ta6en ad!anta#e of b$ him in the commission of the crime If the !ictim was alternately attac ed, there is =& abuse of su erior stren#th M ans to W a+ n th , ' ns #upposin , the offender into3icated the victim to materially wea en her, can the a##ra!atin# circumstance of means to wea6en defense be a reciated? /0#
NO !" #$%
Articl 14%1<( 6 1r ach r! %Al "osia( 5 a specific a##ra!atin# circumstance: onl$ a treacher$ be a reciated in ra e? /0# licable to crimes against persons7 can
5 a Aualifying a##ra!atin# circumstance R cannot be offset b$ a miti#atin#7 C:$=G0# 6:0 =$6"R0 &4 6:0 CR.*0 5 this circumstance is not applicable to cases in!ol!in# accidents, accidental meetin#s, chance encounters, or s urs of the moment, or on5the5s ot decisions to commit the crime 5 this circumstance is not applicable to cases attendant of ne#li#ence or carelessness 5 not applicable to cases attendant of assion or obfuscation or those with sufficient ro!ocation 1reacher$ When is there treacher$ Qualif$in# and s ecific5 crimes a#ainst erson Qualif$in#5chan#e the nature of the crime Incom atible with ne#li#ence, sufficient ro!ocation, assion or obfuscation Can co5e8ist with !oluntar$ confession of #uilt? .es- With !oluntar$ surrender? .es- 1he$ are not inconsistent withQ 0+1 I" I1 "1ILL ACC+RA1) 1%A1 1%I" Q+ALIE.IN/ A//RA2A1IN/ CIRC+M"1ANC) CANN(1 0) (EE")1 0. AN. MI1I/A1IN/ CIRC? .es- *ifferent functions- (ne is to chan#e the nature of the felon$- ;A//> (ther is to reduce enalt$ b$ one eriod after the offense is 3ualified ;MI1> *oes a ri!ile#ed mit- Circ- (ffset a 3ualif$in# a##ra!atin#? N(5Eunction of 3ualif$in# a##- Circ- Is to chan#e the nature of the offense for which the accused stands to be rosecuted5Role of ri!ile#e miti#atin# circ- Is to reduce the enalt$ b$ one or two de#rees as the case ma$ be from the ro er enalt$ im osed on the offense as 3ualifiedCan co5e8ist with !indication for a #ra!e offense? .esPill nei#hbor W,o treacher$5 %omicide ;reclusion tem oral>
NO !" #$%
w, treacher$5 Murder ;reclusion er etua to death> with 9 mit circ- ;R' in medium, R' in minimum> with 9 ri!- mit circ- R1 ;one de#ree lower from R1> 1reacher$ can be a reciated in RA')? .es, crime a#ainst ersonsIn a rosecution for ra e, b$ treacher$ and abuse of su erior stren#th or craft, fraud, dis#uise5 absorbed in treacher$ In rosecution for M+R*)R 3ualified b$ treacher$ and e!ident remeditation- Can )' be a reciated so as to increase enalt$ in ma8imum? N(- absorbed in treacher$"ame with inundation, fire, oison, e8 losion, rice, reward or romiseAid of armed men, ersons who afford im unit$, ni#httime, calamities or misfortuneALL Q+ALIE.IN/ A//RA2A1IN/ CIRC- )numerated in 'eo le !s- 'ala#anas can be absorbed b$ treacher$"u osin# $ou 6illed $our nei#hbor with e!ident remeditation and em lo$ed means to wea6en defense and used dis#uise and too6 ad!anta#e of dee flood- %ow man$ 3ualif$in#? @ Assumin# there was treacher$, how man$? K Is it necessar$ for the court to consider all K to chan#e the nature of the felon$? No- 1reacher$ will sufficeNow, what will ha en to the other @ a##ra!atin# circ? *eemed absorbed in treacher$- 1he$ can no lon#er be a reciated to im ose enalt$ in the ma8imum1)"1" in 1R)AC%)R.9- Is the attac6 sudden and une8 ected? =- Was the !ictim #i!en an o ortunit$ for defense? F- Was the means em lo$ed deliberate and consciousl$ ado ted? ;Frd test is the most im ortant-> Incom atible with casual encounter5 e!en if 9 and = were resent, if F is lac6in#, there is no treacher$Incom atible with accidental meetin#5 s ur of the momentIncom atibel if 6illin# was receded b$ a heated ar#ument- ; lace the !ictim on #uard to be re ared for an$ attac6> )nterin# car ar6, !acant lot Another !ehicle hurr$in# towards the slot- .ou #ot in first- 1here was a heated ar#ument- %e warned $ou, 0abali6an 6ita- After two minutes shot $ou- Was there treacher$? None-
NO !" #$%
CRIMINAL LAW Lecture & Recitation Notes If 6illin# was receded b$ threat, treacher$? NoLac6in# 3uestion no- =When attac6 consists of = or more sta#es A##ression is interru ted5 fatal blow5there was treacher$ Continuin#5treacher$ must be resent at the ince tion )8am le of Z9 ;see #reen noteboo6>
Page <: of 138 Atty. Maximo Amurao
A saw his enem$ 0 w,o an$ warnin# from behind, inflicted stab wounds0 was able to a!oid- ( en fi#ht followed, 0 fledA immediatelt behind, stabbed 0- 0 died- Was there treacher$? None- 1reacher$ was not consciousl$ ado ted at the ince tion and the a##ression bein# continuin#)8am le of Z=- 'eo le !- Canete, +" !s- 0alu$ot A sa 0 in a bar- A challen#ed his enem$ 0 in a fi#ht- 1he$ fou#ht inside the bar- A hit 0 in the bac6 b$ i e, 0 died- What crime? %omicide onl$- Chance encounter, not treacher$Accused found to be into8icated under influence of dru#s? M+R*)R- Influence of ille#al dru#s 3ualifies crime from homicide to murder- ;RA ?9<K Com rehensi!e *an#erous *ru#s Act of =::=> "u osin# !ictim warned not to enter a certain area while wal6in# alon# the road, somebod$ stabbed him from behind, treacher$? .)"- /eneral warnin# is not enou#h to remo!e treacher$-
Is the a##ra!atin# circumstance of 1reacher$ com atible with the miti#atin# circumstance Immediate 2indication of a Relati!e for a /ra!e (ffense? /0#, because there was intent to ta6e re!en#e Rul s r &ar#in& 1r ach r! 1. a licable onl$ to crimes against persons 2. means, methods, or forms need not insure accom lishment of crime7 only to insure e3ecution 3. the mode of attac6 must be consciously adopted R )uisit s 1. 1hat at the time of the attac6, the victim was not in a position to defend himself
NO !" #$%
Page <; of 138 Atty. Maximo Amurao
2. 1hat the offender consciously adopted the particular means, method or form of attac em lo$ed b$ him What is important to # t rmin ar th 'ollo5in&* 5 the !ictimLs ability to defend himself 5 the mode of attac6 was consciously adopted
Important )u stions to ans5 r* 1. Was the attac1 sudden and une(pected? 2. *id the offended ha!e any opportunity to defend himself? 3. Was the mode the attac1 deliberately or consciously adopted b$ the accused to insure e8ecution without ris6 to the offender? If the answer to all these 3uestions is /0#7 then treachery is present /ummar! o' th rul s* 1. When the a##ression is a single and continuous act, it must be present right at the inception or resent in the be#innin# of the assault 2. When the assault is not continuous, or the attac is divisible into two or more stages, or interrupted, it is sufficient that treachery was present at the time of the mortal blow was inflicted-
#upposin , there was a heated argument between the offender and the offended before the$ attac6ed each other, can the a##ra!atin# circumstance of treacher$ be a reciated? =&, either or both arties should ha!e been re ared #upposin , there was a warning from the offender, then after a few minutes he attac ed the !ictim, can the a##ra!atin# circumstance of treacher$ be a reciated? =&, because there was a chance to defend himself and ose a ris6 to the offender #upposin , $our enem$ was sleeping, $ou ta ed him, then $ou shot him as soon as he awa ened, can the a##ra!atin# circumstance of treacher$ be a reciated? /0# #upposin , the victim@s hands and feet were tied, then mortal wounds were inflicted on the !ictim, can the a##ra!atin# circumstance of treacher$ be a reciated? /0# #upposin , the offender buried half of the victim@s body, then he hac ed the victim to death, can the a##ra!atin# circumstance of treacher$ be a reciated? /0# #upposin , the accused shot the !ictim who was tied to a coconut tree, can the a##ra!atin# circumstance of treacher$ be a reciated? /0# #upposin , there was a dispute over a par ing space, then the accused shot the !ictim, can the a##ra!atin# circumstance of treacher$ be a reciated? =&
NO !" #$%
Page <- of 138 Atty. Maximo Amurao
#upposin , the !ictim suffered frontal mortal wounds, immediatel$, can the a##ra!atin# circumstance of treacher$ not be a reciated? =&, because ha!in# frontal wounds is =&6 conclusi!e that there was no treacher$ #upposin , the !ictim suffered mortal wounds at the bac , immediatel$, can the a##ra!atin# circumstance of treacher$ be a reciated? =& Not * 1he location of the wounds does not #i!e rise to the resum tion of the resence of treacher$ #upposin , the victim hid behind a drum where he could not be seen b$ the offender, the offender, 6nowin# that the !ictim was hidin# behind the drum shot at the drum7 the bullet penetrated the drum and hit the victim which caused his death, can the a##ra!atin# circumstance of treacher$ be a reciated? /0#, because the victim was not in a position to defend himself #upposin , there was an a#reement to fi#ht 6reachery cannot be presumed7 must be ro!ed b$ clear and convincing evidence In treacher$, it is not necessary that the erson intended to be 6illed was not the one actuall$ 6illed Accordin# to 'rof- Amurao, treacher$ is a olitician and a Gbuwa$aH, because it ta6es e!er$thin#7 because treachery absorbs all other aggravating circumstances 3asis 'or a&&ra"ation* means and ways em lo$ed A##itional not s 'rom $ro'. Amurao* 5 If the offender was under the influence of drugs in the crime of murder or homicide, this can be considered a 3ualif$in# a##ra!atin# circumstance, e!en in the absence of treacher$ ; ursuant to RA ?9<K> 5 the use of an unlicensed firearm R a s ecial a##ra!atin# circumstance for the crime of murder or homicide7 before it was se aratel$ rosecuted, but now unlawful ossession is onl$ a s ecial a##ra!atin# circumstance that can increase the enalt$ to the ma8imum7 no se arate rosecution Articl 14%1A( 6 I&nomin! 5 that means be em lo$ed or circumstances brou#ht about which add i#nomin$ to the natural effects of the act 5 a Aualifying a##ra!atin# circumstance R cannot be offset b$ a miti#atin#7 C:$=G0# 6:0 =$6"R0 &4 6:0 CR.*0
NO !" #$%
I&nomin! a circumstance ertainin# to the moral order which adds dis#race and oblo3u$ to the material in4ur$ caused b$ the crime A licable to crimes a#ainst chastit$, less serious h$sical in4uries, li#ht or #ra!e coercion and murder -'' ct o' i&nomin!: the crime becomes more humiliatin# or to ut the offended art$ to shame #upposin , a woman was raped in the presence of her husband and children, can the a##ra!atin# circumstance of i#nomin$ be a reciated? /0# #upposin , a woman was raped while cogon grass was wrapped around the penis of the offender, can the a##ra!atin# circumstance of i#nomin$ be a reciated? 'rof- Amurao thin6s that this scenario falls under the a##ra!atin# circumstance of cruelty 3asis 'or a&&ra"ation* means em lo$ed I/N(MIN. Art, 9B and 9?5 '* KF=, accom lices in '* KF= Art- 9? accessories5 Anti5fencin# law '* 9B=? ;(bstruction of Austice> Art- =? 're!enti!e Im and creditin# 2ictim all wounds frontal 1reacher$ cannot be a reciated? No- Mere resence of frontal wound is not conclusi!e that no treacher$ was em lo$ed neither will resence of bac6 wounds be conclusi!e that treacher$ was resentAbsent an$ roof as to how wound was inflicted2ictim has 4ust awa6en, still drows$ when attac6ed- 1reacher$? .esQuestion %our: Amurao " ea6in#When there are = 3ualif$in#, one will suffice to chan#e the nature of the crime- What will ha to the other 3ualif$in#? 1he other will be considered as #eneric a##ra!atin# circumstance5 enalt$ to the ma8imum- ;)8ce t treacher$, because treacher$ will absorb them>
en
N-0- (ther 3ualif$in# circ- Not in art =@B ;murder> e-#- craft, fraud, or dis#uise- 1he$ are means of treacher$, absorbed in treacher$ in Art- =@B-> Articl 14%1C( 6 Dnla5'ul -ntr! 5 that the crime be committed after an unlawful entr$ 5 a Aualifying a##ra!atin# circumstance R cannot be offset b$ a miti#atin#7 C:$=G0# 6:0 =$6"R0 &4 6:0 CR.*0
NO !" #$%
CRIMINAL LAW Lecture & Recitation Notes Dnla5'ul -ntr! an entrance is effected b$ a wa$ not intended for $urpos to effect entrance not for esca e
Page << of 138 Atty. Maximo Amurao
#upposin , the window was used to gain entry into the house, can the a##ra!atin# circumstance of unlawful entr$ be a reciated? /0# #upposin , the owners of the house commonl$ use the window as their ordinary means to enter the house, then the accused entered the door, can the a##ra!atin# circumstance of unlawful entr$ be a reciated? /0# +nlawful entr$ is inherent ;thus cannot be a followin# crimes: 5 robber$ with force u on thin#s reciated as an a##ra!atin# circumstance> in the
5 !iolation of domicile ;committed b$ ublic ersons> 5 tres ass to dwellin# ;committed b$ ri!ate indi!iduals> 3asis 'or a&&ra"ation* means and ways em lo$ed Articl 14%1B( 6 3r a+in& Wall 5 that as a means to the commission of a crime, a wall, roof, floor, door or window be bro6en 5 a Aualifying a##ra!atin# circumstance R cannot be offset b$ a miti#atin#7 C:$=G0# 6:0 =$6"R0 &4 6:0 CR.*0 1o effect entrance onl$ "hould be as a means to commit to crime #upposin , the accused intended to ill his ne3t?door neighbor by brea ing the wall se aratin# them, then he shot the neighbor, can the a##ra!atin# circumstance of brea6in# wall be a reciated? /0# 0rea6in# wall is inherent in robber$ with force u on thin#s 3asis 'or a&&ra"ation* means and ways em lo$ed Articl 14%29( 6 Ai# o' Minor or b! M ans o' Motor H hicl s 5 that the crimes be committed ;9> with the aid of ersons under 9K $ears of a#e or ;=> b$ means of motor !ehicles, airshi s or other similar means 5 this ara#ra h contem lates 1W( a##ra!atin# circumstances Ai# o' Minor
NO !" #$%
Page 1,, of 138 Atty. Maximo Amurao
5 a generic a##ra!atin# circumstance R can be offset b$ an ordinar$ miti#atin# circumstance 5 in!ol!es the ta6in# ad!anta#e of the childLs immaturit$ or innocence Ds o' Motor H hicl s 5 a Aualifying a##ra!atin# circumstance R cannot be offset b$ a miti#atin#7 C:$=G0# 6:0 =$6"R0 &4 6:0 CR.*0 5 the offender should deliberately see for the use of the !ehicle 5 the use of the motor !ehicle must be the means used to commit the crime 5 should facilitate the commission of the crime #upposin , the accused robbed a house then found a car in front of the house which he used for his esca e, can the a##ra!atin# circumstance of use of motor !ehicle be a reciated? =&, because the crime was alread$ accom lished #upposin , the accused robbed the passengers in a bus, can the a##ra!atin# circumstance of use of motor !ehicle be a reciated? /0#, e!en if it is a ublic !ehicle, the circumstance can be a reciated #upposin , a ta3icab was hired, then an argument ensued inside where the accused illed the victim, can the a##ra!atin# circumstance of use of motor !ehicle be a reciated? =&, because the motor !ehicle was 4ust incidental to the crime Are motori<ed bi es considered? /0# What if it is a motoriDed bi6e but the motor is not used? /0# Are road?rollers or 8pison9 considered? =&, because it is not motoriDed as contem lated b$ the L1( +se of motor !ehicles is inherent in the crime of carna in# 3asis 'or a&&ra"ation* means and ways em lo$ed Articl 14%21( 6 Cru lt! 5 that the wron# done in the commission of the crime be deliberatel$ au#mented b$ causin# other wron# not necessar$ for its commission 5 a Aualifying a##ra!atin# circumstance R cannot be offset b$ a miti#atin#7 C:$=G0# 6:0 =$6"R0 &4 6:0 CR.*0 Cru lt! when the cul rit en+oys and delights in ma6in# his !ictim suffer slowl$ and #raduall$, causin# the !ictim unnecessar$ h$sical ain in the consummation of the criminal act R )uisit s* 1. 1hat the in4ur$ caused be deliberatel$ increased b$ causin# another wron# 2. 1hat the other wron# be unnecessar$ for the e8ecution of the ur ose of the offender
NO !" #$%
Page 1,1 of 138 Atty. Maximo Amurao
Is there cruelt$ when it is done a#ainst a dead body? =&, because it did not rolon# ain since the erson was alread$ dead Is there cruelt$ when it is done a#ainst an unconscious person? /0# #upposin , a dead erson was found with 12E stab wounds, can the a##ra!atin# circumstance of use of motor !ehicle be a reciated? =&, because the number of wounds is immaterial with cruelt$ I&nomin! moral sufferin# Cru lt! h$sical sufferin# rolon#ed Cruelt$ cannot be presumed 3asis 'or a&&ra"ation: ways em lo$ed
$rticle 1E
5 those which must be ta6en into consideration as a##ra!atin# or miti#atin# accordin# to the nature and effects of the crime and the other conditions attendin# its commission 1h 'ollo5in& ar alt rnati" circumstanc s* 1. Relationshi 2. Into8ication 3. *e#ree of Instruction and )ducation of the (ffender Articl 15%1( 6 R lationship 5 considered when the offended art$ is the: a- s ouse b- ascendant c- descendant d- le#itimate, natural, ado ted siblin# e- relati!e b$ affinit$ C+ #upposin , a stepdaughter was raped by her stepfather, can the alternati!e circumstance of relationshi be a reciated? /0# Relationshi is mitigating in crimes against property ,R"4$-: 1. robber$ 3. fraudulent insol!enc$ 2. usur ation 4. arson Relationshi is e3empting in crimes of theft, swindling, or malicious mischief if the offender and offended live together NO !" #$%
Page 1,+ of 138 Atty. Maximo Amurao
Relationshi is aggravating in crimes against persons when the offended is a relative of higher degree than the offender or when the offender and offended are parties of the same level If the offended is a relative of lower degree, in the crime of less serious and slight physical in+uries, relationship is mitigating If the offended is a r lati" o' hi&h r # &r , in the same crimes, r lationship is a&&ra"atin& When the crime is homicide or murder, which resulted to the death of the !ictim, relationship is aggravating, regardless of degree In crimes against chastity, relationshi is $)1$/# aggravating Articl 15%2( ? Into.ication a. mitigating when: 5 the drin6in# is not habitual7 or accidental 5 if the into8ication is not subseAuent to the plan to commit a crime 5eason for miti ation: e8ercise of will ower is im aired b. aggravating when: 5 if habitual 5 if into8ication is intentional ;full$ 6nowin# its effects as a stimulant> or subseAuent to the plan to commit the crime 5eason for a ra&ation: bolstered coura#e to commit the crime ;intentional>7 lessens resistance to e!il thou#hts ;habitual> Articl 15%3( 6 Instruction or -#ucation 5 what is measured is the de ree of intelli ence not the formal education Low de#ree of instruction,Lac6 of education mitigating %i#h de#ree of instruction7 offender a!ails of intelli#ence 5 aggravating #upposin , the crime was done not in a civili<ed society, can the alternati!e circumstance of low de ree of instruction as a miti atin circumstance /0#, it is a mitigating circumstance #upposin , the accused illed a person, can the alternati!e circumstance of low de ree of instruction as a miti atin circumstance be a reciated? =&, because illing is inherently wrong #upposin , the accused committed the crime of treason, can the alternati!e circumstance of low de ree of instruction as a miti atin circumstance be a reciated? =&, because lo!e for countr$ is a natural feelin# that re3uires no de#ree of instruction
NO !" #$%
#upposin , accused committed crimes against chastity, can the alternati!e circumstance of low de ree of instruction as a miti atin circumstance be a reciated? =& #upposin , accused committed crimes against chastity, can the alternati!e circumstance of low de ree of instruction as a miti atin circumstance be a reciated? =& #upposin , accused committed the crime of murder, can the alternati!e circumstance of low de ree of instruction as a miti atin circumstance be a reciated? =& #upposin , a lawyer committed the crime of estafa, can the alternati!e circumstance of hi h de ree of instruction as an a ra&atin circumstance be a reciated? /0# #upposin , a doctor prepared a special poison to ill the victim, can the alternati!e circumstance of hi h de ree of instruction as an a ra&atin circumstance be a reciated? /0#
$rticle 1D
AR1ICL- 1< 6 W:O AR- CRIMINALL2 LIA3L5the followin# are criminally liable for grave and less grave offenses5 1. 'rinci als 2. Accom lices F- Accessories 5 the followin# are criminally liable for light felonies5 1. 'rinci als 2. Accom lices "ccessories are not liable for light felonies because the social wron# is so small Rul s on li&ht ' loni s 1. unishable onl$ when consummated 2. when committed a#ainst ersons or ro ert$ and unishable in the attem ted or frustrated 3. onl$ rinci als and accom lices are liable 4. accessories are not liable e!en in crimes a#ainst ersons or ro ert$ &nly natural persons can be active sub+ects of a crime contem lated under Article 9< of the R'C R asons* 1. +nder the Re!ised 'enal Code, ersons act with ersonal malice or ne#li#ence7 artificial,4udicial ersons canLt act with malice or ne#li#ence 2. A 4uridical erson li6e a cor oration canLt commit a crime that re3uires willful ur ose or malicious intent 3. 1here is substitution of de ri!ation of libert$ for ecuniar$ enalties in insol!enc$ cases
NO !" #$%
4. (ther enalties li6e destierro and im risonment R e8ecuted on indi!iduals onl$
$rticle 17
AR1ICL- 1A 6 $RINCI$AL/ 5 the followin# are considered rinci als: 1. those who ta6e a direct art in the e8ecution of the act )0y Girect $articipation) 2. those who directl$ force or induce others to commit it )0y Inducement) 3. those who coo erate in the commission of the offense b$ another act without which it would not ha!e been accom lished )0y Indispensable Cooperation) Articl 1A%1( 6 $rincipals b! ,ir ct $articipation %$,$( 5 5e=uisites: 9- the$ artici ated in the criminal resolution =- the$ carried out their lan and ersonall$ too6 art in its e8ecution b$ acts which directl$ tended to the same end In multi le ra e, all the ra ists are e3uall$ liable, re#ardless of de#ree of artici ation Without the =nd re3uisite, there is only conspiracy R thus there is no criminal liability Articl 1A%2( 6 $rincipals b! In#uc m nt %$I( $rincipals by Inducement are &=)/ liable when the $rincipal by Girect $articipation committed the act induced 6wo ways of becomin# rinci al b$ induction 1. b$ directl$ forcin# another to commit a crime 2. b$ directl$ inducin# another to commit a crime (y directly forcing another to commit a crime ;no cons irac$ in!ol!ed> 1. b$ usin# irresistible force 2. b$ causin# uncontrollable fear (y directly inducing another to commit a crime 1. b$ i&in price or offerin reward or romise R collecti!e criminal res onsibilit$ 2. b$ usin# words of command R )uisit s 'or th $rincipal b! In#uc m nt
NO !" #$%
Page 1,: of 138 Atty. Maximo Amurao
1. that the inducement be made directly with the intention of rocurin# the commission of the crime 2. that such inducement be the determining cause of the commission of the crime In#uc m nt ma$ be b$ acts of command, ad!ice, or throu#h influence or a#reement for consideration7 the words of ad!ice or influence must actuall$ mo!e the hands of the rinci al b$ direct artici ation 1he inducement must be the determining cause for the commission of the crime b$ the rinci al b$ direct artici ation, that is without such inducement the crime would not ha!e been committed 1he inducement must precede the act and must be so influential If there is a rice or reward in!ol!ed, w7o prior promise R no inducement (y using words of command 5 the words must be the mo&in cause of the offense 1. that the one utterin# the words of command must ha&e the intention of procurin the commission of the crime 2. that the one who made the command must ha&e an ascendancy or influence o!er the erson who acted 3. that the words used must be so direct, so efficacious, so owerful as to amount to h$sical or moral coercion -''icacious it would seem or it was furnished that the material e8ecutor or principal by direct participation had reason to belie&e or was made to belie&e that the deceased did somethin wron 4. the words of command must be uttered prior to the commission of the crime7 when the words were uttered after the commencement of the crime R no inducement 5. the material e(ecutor has no personal reason to commit the crime ,i'' r nc b t. $rincipal b! In#uc m nt F O'' n# r b! $roposal $RIN. 32 IN,DC-M-N1 O00-N,-R 32 $RO$O/AL 5 inducement to commit the crime 5 inducement to commit the crime 5 liable onl$ when crime is committed 5 mere ro osal to commit is b$ the rinci al b$ direct artici ation unishable in treason J rebellion7 erson ro osed to shouldnLt commit the crime 5 inducement in!ol!es an$ crime 5a lies in treason J rebellion onl$
Articl 1A%3( ? $rincipal b! In#isp nsabl Coop ration %$IC( 5 those who coo erate in the commission of the crime b$ another act without which it would not ha!e been accom lished
NO !" #$%
Page 1,; of 138 Atty. Maximo Amurao
Coop rat means to desire or wish in common a thin#, but that common will or ur ose does not necessaril$ mean re!ious understandin# for it can be e8 lained or inferred from the circumstances of each case R )uisit s* 1. artici ation in the criminal resolution, that is, there is either anterior cons irac$ or unit$ of criminal ur ose and intention immediatel$ before the commission of the crime char#ed 2. coo eration in the commission of the crime b$ erformin# another act, without which it would not ha!e been accom lished 4irst reAuisite 5 re3uires artici ation in the criminal resolution 5 there must be cons irac$ 5 concurrence is sufficient 5 coo eration indis ensable #econd reAuisite 5 coo eration 8M#. be indis ensable 5 if dispensable, accused is only an accomplice Coll cti" Criminal R sponsibilit! %CCR( when the offenders are criminall$ liable in the same manner and to the same e8tent7 enalt$ is the same for all: a- $rincipals by Girect $articipation CCR b. $rincipals by Inducement CCR with 'rinci als b$ *irect 'artici ation, e8ce t those who directl$ forced another to commit a crime c. $rincipals by Indispensable Cooperation CCR with 'rinci als b$ *irect 'artici ation In#i"i#ual Criminal R sponsibilit! %ICR( in the absence of re!ious cons irac$, unit$ of criminal ur ose and intention immediatel$ before the commission of the crime or communit$ of criminal desi#n, the criminal res onsibilit$ arisin# from different acts directed a#ainst one and the same erson is indi!idual and not collecti!e, and each of the artici ants is liable onl$ for the act committed b$ him
$rticle 1F
AR1ICL- 1C ? ACCOM$LIC-/ 5 Accom lices are ersons who, not bein# included in Article 9C, cooperate in the e(ecution of the crime by pre&ious or simultaneous acts
Iuasi?Coll cti" Criminal R sponsibilit! some of the offenders in the crime are rinci als7 others are accom lices
NO !" #$%
Page 1,- of 138 Atty. Maximo Amurao
$articipation5 ro!ed b$ positi&e Lcompetent e&idence7 canLt be resumed $ccomplices ha!e 5 no re!ious a#reement 5 no understandin# 5 not in cons irac$
with the 'rinci al b$ *irect 'artici ation
,i'' r nc b t5 ACCOM$LIC-/
n an Accomplic an# a Conspirator CON/$IRA1OR/ 5 the$ 6now J a#ree with the criminal desi#n 5 the$ 6now the criminal intention because the$ ha!e decided u on the course of action
5 the$ 6now J a#ree with the criminal desi#n 5 the$ come to 6now about the
criminal desi#n after the cons irators ha!e decided on it
5 onl$ concurs to the commission of 5 the$ decide to commit the crime the crime7 the$ do not decide7 the$ merel$ assent to it and coo erate 5 mere instruments erformin# acts 5 the$ are the authors of the crime N(1 essential to the er etration of the crime R )uisit s 'or an accomplic * 9- that there be communit$ of desi#n7 that is, 1nowin the criminal desi n of the principal by direct participation, he concurs with the latter in his ur ose =- that he coo erates in the e8ecution of the offense by pre&ious and simultaneous acts with the intention of supplyin the material or moral aid in the e8ecution of the crime in an efficacious wa$ F- that there be a relation between the acts done b$ the rinci al and those attributed to the erson char#ed as accom lice Rul s on Accomplic s*
NO !" #$%
1. the one who had the ori#inal criminal desi#n is the erson who committed the resultin# crime ;there should be a rinci al b$ direct artici ation> 2. an accom lice coo erates onl$ with pre&ious or simultaneous acts 3. an accom lice does not inflict more or most serious wounds Moral ai# ma$ be throu#h ad!ice, encoura#ement or a#reement -.ampl s o' pr "ious acts 5 lendin# of a wea on, 6nowin# of the ur ose 5 furnishin# a dru# or slee in# dru#, 6nowin# the ur ose is for ra e -.ampl s o' simultan ous acts 5 disarmin# the !ictim while the rinci al is attac6in# 5 re!entin# the !ictims from recei!in# hel 5 acted as a loo65out, without cons irac$ 5 su l$in# material or moral aid 5 distractin# the !ictim
$rticle 1C
AR1ICL- 1B ? ACC-//ORI-/ 5 Accessories are those who, ha&in 1nowled e of the commission of the crime and without ha&in participated therein, either as rinci als or accom lices, ta1e part subse=uent to its commission in an$ of the followin# manners: 1. by profitin themsel&es or assistin the offender to rofit b$ the effects of the crime 2. by concealin or destroyin the body of the crime or the effects or instruments thereof, in order to pre&ent its disco&ery 3. by harborin , concealin or assistin in the escape of the rinci al of the crime, ro!ided the accessor$ acts with of his ublic functions or whene!er the author of the crime is #uilt$ of treason, arricide, murder, or an attem t to ta6e the life of the Chief )8ecuti!e or is 6nown to be habituall$ #uilt$ of some other crime
"ccessories do not artici ate7 the$ do not coo erate "ccessories must ha!e 6nowled#e of the commission of the crime, then ta6es art subse3uent to the commission, e#- fencin# Nnowled e ma$ be ac3uired after the ac3uisition of stolen ro ert$ )8am les of by profitin themsel&es by the effects of the crime 5 recei!ed stolen ro ert$ and used it
NO !" #$%
CRIMINAL LAW Lecture & Recitation Notes 5 shared in the reward for murder )8am les of assistin the offender by the effects of the crime 5 sells the stolen ro ert$ for the offenderLs benefit 5 runners or couriers for ic6in#5u or #ettin# the ransom mone$
Page 1,< of 138 Atty. Maximo Amurao
)8am les of by concealin or destroyin the body of the crime )or the corpus delicti) 5 assisted in the burial to re!ent disco!er$ 5 concealin# or hidin# wea ons used in the commission of the crime 5 furnishes the means to sta#e the crime scene R )uisit s 'or Articl 1B%3(* a. - accessory is a public officer 5 harbors, conceals, assists in the esca e 5 acts with abuse of his ublic functions 5 crime of rinci al is an$ crime not a li#ht felon$ b. B accessory is a pri&ate person 5 harbors, conceals, assists in the 5 esca e 5 crime of rinci al is treason, arricide, murder, attem t a#ainst the life of the 'resident, a 6nown habitual criminal
If the rinci al is ac3uitted b$ e8em tion, accessor$ ma$ still be con!icted "pprehension and con&iction of the rinci al is not necessary for the accessor$ to be held criminall$ liable If the rinci al is at5lar#e or not $et a rehended, the accessor$ ma$ be rosecuted and con!icted Anti?0 ncin& La5 o' 1BAB %$r si# ntial , cr No.1<12( 0 ncin& is the act of an$ erson who, with intent to #ain for himself or for another, shall bu$, recei!e, ossess, 6ee , ac3uire, conceal, sell or dis ose of, or shall bu$ and sell, or in an$ other manner deal in an$ article, item, ob4ect or an$thin# of !alue which he 6nows, or should be 6nown to him, to ha!e been deri!ed from the roceeds of the crime of robber$ or theft 0 nc includes an$ erson, firm, association, cor oration or artnershi or other or#aniDation who,which commits the act of fencin#
$rticle 20
NO !" #$%
CRIMINAL LAW Lecture & Recitation Notes AR1ICL- 29 6 ACC-//ORI-/ -K-M$1 0ROM CRIMINAL LIA3ILI12 5 those who are e8em t are the followin#: a. s ouses c. descendants
. relati!es b$ affinit$ w,in same de#rees
b. ascendants
#. le#itimate, natural, ado ted siblin#s
5 e8ce t those that fall under Article 9?;9>
;roun# 'or . mption ties of blood7 reser!ation of the cleanliness of oneLs name Ne hew or niece not included Accessories not e3empt if the$: 5 rofited b$ the effects of the crime 5 assisted the offender to rofit $-NAL1I-/ $ nalt! the sufferin# that is inflicted b$ the "tate for the trans#ression of a law ,i'' r nt 7uri#ical con#itions o' p nalt! 5 roducti!e of sufferin# 5 certain 5 commensurate with the offense 5 ersonal 5 le#al $urpos o' punishm nt* .o secure justice 1h ori s 7usti'!in& p nalt! 1. $re&ention re!ent or su ress the dan#er to the "tate 2. #elfBdefense ri#ht to unish7 rotect societ$ from the threat or wron# 3. 5eformation correct and reform the offender 4. !(emplarity unishment for deterrence 5. Oustice unishment as an act of retributi!e 4ustice 5 e3ual for all 5 correctional
#ocial defense L e(emplarity: 4ustifies the im osition of the death enalt$ 1h p nalti s un# r th R$C ha" a 3?'ol# purpos 1. 5etribution or e(piation enalt$ commensurate with the #ra!it$ of the crime
NO !" #$%
2. Correction or reformation shown b$ rules that re#ulate e8ecution of enalties consistin# in de ri!ation of libert$ 3. #ocial defense shown b$ its infle8ible se!erit$ to recidi!ists and habitual delin3uents
$rticle 21?2C
AR1ICL- 21 6 $-NAL1I-/ 1:A1 MA2 3- IM$O/-, 5 No felon$ shall be unishable b$ an$ enalt$ not rescribed b$ law rior to its commission AR1ICL- 22 6 R-1ROAC1IH- -00-C1 O0 $-NAL LAW/ 5 'enal laws shall be retroacti!e in so far as the$ fa!or the erson #uilt$ of a felon$ and is not a habitual criminal ; n ral Rul ros ecti!e effect -.c ption fa!orable to the accused R ason 'or th .c ption former laws re ealed or amended are un4ust Article == does not a l$ to the ro!isions of the Re!ised 'enal Code7 but a lies to ;9> enal laws enacted before the R'C, and ;=> enal laws enacted subse3uent to the R'C, which are more fa!orable to the accused Criminal Liabilit! o' r p al # la5s still subsist 5h n* 1. there is a reenactment of the law 2. when the re eal is b$ im lication 3. when there is a sa!in# clause AR1ICL- 23 6 $AR,ON 32 1:- O00-N,-, $AR12 5 does not e8tin#uish criminal action e8ce t in Article F@@ of the R'C7 but an e8 ress wai!er can e8tin#uish the ci!il liabilit$ for the in4ured art$ A ardon b$ the offended art$ does not e8tin#uish criminal action, because a crime committed is a felon$ or offense committed a#ainst the "tate, e#- estafa 5 e!en the offender a$s dama#es to the in4ured art$, the offender can still be rosecuted Com romise does not e8tin#uish criminal liabilit$ +nder $rticle %'', in the crimes of seduction, abduction, ra e or acts of lasci!iousness, there shall be no criminal rosecution if the offender is e3pressly pardoned b$ the arents or #rand arents or #uardian of the offended art$- In the crime of adulter$ or concubina#e, both offenders ;the offendin# s ouse and aramour> must be ardoned b$ the offended art$ 'ardon under Article F@@ must be made before the institution of criminal rosecution, unless after the institution of the criminal action, the offender and the offended decide to #et married7 1his ardon is onl$ a bar to criminal rosecution AR1ICL- 24 6 M-A/DR-/ O0 $R-H-N1ION AN, /A0-12 1:A1 AR- NO1 CON/I,-R-, A/ $-NAL1I-/ 1. Arrest and 1em orar$ *etention 5. *e ri!ation of Ri#hts with 2. Commitment of a Minor Re arations
NO !" #$%
CRIMINAL LAW Lecture & Recitation Notes 3. "us ension from )m lo$ment
4. Eines J (ther Correcti!e Measures, administrati!e or disci linar$ in nature AR1ICL- 25 6 CLA//I0ICA1ION O0 $-NAL1I-/ $rincipal $ nalti s Capital punishment Li ht penalties
*eath Arresto Menor Eines
"fflicti&e penalties
Reclusion 'er etua Reclusion 1em oral
'ublic Censure
'er etual or 1em orar$ absolute dis3ualification $enalties common to the 'er etual or 1em orar$ s ecial dis3ualification three precedin classes 'rision Ma$or Eine 0ond to 6ee the eace
Correctional penalties
'rision Correccional Arresto Ma$or "us ension *estierro
Acc ssor! $ nalti s

5 'er etual or 1em orar$ absolute dis3ualification 5 'er etual or 1em orar$ s ecial dis3ualification 5 "us ension from ublic office, the ri#ht to !ote and be !oted for, the rofession or callin# 5 Ci!il interdiction 5 Indemnification 5 Eorfeiture of confiscation of instruments and roceeds of the offense
NO !" #$%

5 'a$ment of cost
Classi'ication o' p nalti s accor#in& to sub7 ct matt r 1. Cor oral )death) 2. *e ri!ation of freedom )reclusion, prision, arresto) 3. Restriction of freedom )destierro) 4. *e ri!ation of ri#hts )dis=ualification and suspension) 5. 'ecuniar$ )fine) AR1ICL- 2< 6 0IN-/ %A00LIC1IH-, CORR-C1IONAL, LI;:1( Eines and 0ond to 6ee the 'eace are: 1. "fflicti&e o!er '<,:::-:: 2. Correctional '=::-:: '<,:::-:: 3. Li ht $enalty less than '=::-:: AR1ICL- 2A 6 ,DRA1ION O0 $-NAL1I-/ 1. 5eclusion perpetua =: $rs- and 9 da$ to @: $rs2. 5eclusion temporal 9= $rs- and 9 da$ to =: $rs 3. $rision mayor < $rs- and 9 da$ to 9= $rs4. $rision correctional, suspension, destierro < months and 9 da$ to < $rs5. "rresto mayor 9 month and 9 da$ to < months <. "rresto menor 9 da$ to F: da$s A. 0ond to 1eep the peace the eriod durin# which the bond shall be effecti!e is discretionar$ on the court AR1ICL- 2C 6 COM$D1A1ION O0 $-NAL1I-/ )readin matter) AR1ICL- 2B 6 $R-H-N1IH- IM$RI/ONM-N1 $r " nti" imprisonm nt an accused under#oes this when the crime char#ed is nonB bailable, or e!en if bailable, he cannot furnish the re=uired bail 1he fullBtime or fourBfifths of the time durin# which offenders ha!e under#one re!enti!e im risonment shall be deducted from the enalt$ im osed
$rticle %0?%E
NO !" #$%
CRIMINAL LAW Lecture & Recitation Notes AR1ICL-/ 39?35 6 -00-C1/ O0 $-NAL1I-/ )readin matter)
Ci"il int r#iction shall de ri!e the offender durin# the time of his sentence of the ri#hts arental authorit$, or #uardianshi , either as to the erson or ro ert$ of an$ ward, of marital authorit$, of the ri#ht to mana#e his ro ert$, and of the ri#ht to dis ose of such ro ert$ b$ an$ act or an$ con!e$ance
$rticle %D
AR1ICL- 3< 6 $AR,ONL I1/ -00-C1/ 5 shall not restore the ri#ht to hold office and the ri#ht of suffra#e, unless e8 ressl$ restored b$ the terms of the ardon 5 shall not e8em t the cul rit from ci!il liabilit$ ,i'' r nc b t. $ar#on b! th $r si# nt F $ar#on b! th O'' n# # $AR,ON 32 $R-/I,-N1 $AR,ON 32 O00-N,-, 5 e8tin#uishes criminal liabilit$ 5 does not e8tin#uish criminal liabilit$, e8ce t in Article F@@ 5 cannot include e8tinction of ci!il liabilit$ 5 offended art$ can wai!e ri#ht to claim ci!il liabilit$ 5 should be #i!en before the
5 should be #i!en only after con!iction
institution of the criminal action 5 ma$ be e8tended to an$ of the offenders 5 must be e8tended to both offenders
$rticle %7
AR1ICL- 3A 6 CO/1/ 1. Eees 2. Indemnities, in the course of 4udicial roceedin#s
$rticle %F
AR1ICL- 3C 6 $-CDNIAR2 LIA3ILI1I-/L OR,-R O0 $A2M-N1 1. 1he re aration of the dama#e caused
NO !" #$%
CRIMINAL LAW Lecture & Recitation Notes 2. Indemnification of the conse3uential dama#es 3. Eine 4. Costs of roceedin#s .he order of payment is as stated
$rticle %C
AR1ICL- 3B 6 /D3/I,IAR2 $-NAL12 /ubsi#iar! $ nalt! a subsidiar$ ersonal enalt$ to be suffered b$ the con!ict who has no property with which to meet the fine, at the rate of one da$ for each ei#ht ;'B> esos, sub4ect to the rules ro!ided for in Article F? "ubsidiar$ enalties should be e3pressly specified in the conviction because without it, the accused cannot be com elled to com l$ with it
$rticle '0?''
AR1ICL-/ 49?44 6 ACC-//OR2 $-NAL1I-/ O0 ARR-/1O )readin matter) 5 Accessor$ enalties do not ha!e to be s ecified e8 ressl$ in the 4ud#ment of con!iction 5 usuall$, the s ecific accessor$ enalties are not s ecified, the$ are said #enerall$
$rticle 'E?'7
AR1ICL- 45 6 CON0I/CA1ION AN, 0OR0-I1DR5 the roceeds of the crime must first be submitted to the 4urisdiction of the courts, and also the tools used7 if not submitted, the courts cannot ad4udicate on the roceeds and tools whether the$ would be dis osed in fa!or of the state AR1ICL- 4< 6 $-NAL12 1O 3- IM$O/-, D$ON $RINCI$AL/ IN ;-N-RAL 5 the penalty prescribed by law for the commission of a felon$ shall be imposed upon the principals 5 the law prescribes a enalt$ for a felon$ in eneral terms, it shall be understood as applicable to the consummated felony 'enalt$ in eneral terms shall be im osed: 1. u on the rinci als 2. for the consummated felon$ -.c ption when the law fi8es a enalt$ for frustrated or attem ted felon$
NO !" #$%
AR1ICL- 4A 6 W:-N ,-A1: $-NAL12 NO1 1O 3- IM$O/-, 1. minors under 9B at the commission of the crime ;re ealed b$ RA ?F@@> 2. ersons o!er C: $ears old 1he *eath 'enalt$ should be im osed on cases where the law s ecifies it 1he *eath 'enalt$ as of now is deemed to be irrele!ant
$rticle 'F
AR1ICL- 4C 6 COM$L-K CRIM-/ 1. When a sin#le act constitutes two or more #ra!e or less #ra!e felonies )compound crimes) 2. When an offense is a necessar$ means for committin# the other )comple( crime proper) 1here must be at least two crimes Com le8 crime R (NL. one crime Comple( crimes are more fa&orable to the accused because instead of bein# con!icted of two se arate counts of the same crime, it is considered as onl$ one Compoun# Crim 5 5e=uisites: 1. that onl$ a single act is performed b$ the offender 2. that the sin#le act roduces ;i> = or more #ra!e felonies, ;ii> one or more #ra!e J one or more less #ra!e felonies, ;iii> = or more less #ra!e felonies 1he sin#le act should roduce a #ra!e felon$ or a less #ra!e felon$ or a combination of both Li#ht felonies roduced b$ the same sin#le act should be treated and unished as se arate offenses or ma$ be absorbed b$ the #ra!e felon$ #upposin , $ou shot your neighbor then the bullet hit two children7 the result was $our nei#hbor died, two children sli#htl$ in4ured, the result was 1 grave and 2 light felonies, is the crime com le8 or se arate? #eparate, because the sin#le act should roduce a #ra!e or less #ra!e felon$ onl$ #upposin , a sin#le criminal act roduced 1 grave felony and 10 light felonies, is the crime com le8 or se arate? #eparate #upposin , a sin#le criminal act roduced 1 less grave felony and several light felonies, is the crime com le8 or se arate? #eparate
NO !" #$%
#upposin , a sin#le criminal act roduced a crime punishable by the RPC and a crime punishable by special law, is the crime com le8 or se arate? #eparate, considered as se arate !iolations "u osin#, 'rof- Amurao throws a #renade in class, K students died, is the crime com le8 or se arate? Comple3 "u osin#, using the same facts above, in addition % light felonies were roduced, is the crime com le8 or se arate? #eparate "u osin#, Prof! $murao switched the machine gun to automatic and shot at the students with one single act of pressing the trigger, roducin# se!eral in4uries, is the crime com le8 or se arate? #eparate, because the what is considered is the no- of bullets dischar#ed )$eople &2 Gesierto) "u osin#, Prof! $murao switched the machine gun to not automatic and fired one bullet aimed at someone but hit % others roducin# serious h$sical in4uries, is the crime com le8 or se arate? Comple3 #upposin , the act of firing a machine gun produces the crimes of attempted murder and physical in+uries, is the crime com le8 or se arate? #eparate, as held b$ the Court of A eals #upposin , two shots were fired directed against two different persons, is the crime com le8 or se arate? #eparate #upposin , in a notorious village, a commander ordered all his soldiers to shoot at the residents, is the crime com le8 or se arate? Comple3, the "C held in $eople &2 Lawas that it was a com le8 crime because there was a single offense since there was a single criminal impulse7intent7purpose #upposin , a person stole the fighting coc s of his neighbor alternately with three separate, independent acts, is the crime com le8 or se arate? Comple3, as held b$ the "C in 'eo le !- *e Leon, the criminal act was done on the same occasion and the offender was motivated by one criminal impulse #upposin , a libelous article was published defaming E congressmen specifically identified by their names, is the crime com le8 or se arate? #eparate, because there are as man$ crimes of libel as there are ersons libeled, ro!ided that the ersons are e8 ressl$ s ecified7 because each of the K con#ressmen ma$ file for libel #upposin , using the same facts above e3cept that the congressmen were not identified, is the crime com le8 or se arate? Comple3 #upposin , in a local publication, news writers wrote that the :errera doctors are inefficient, is the crime com le8 or se arate? Comple3, because the identification was in #eneral terms, not s ecificall$ identified Compl . Crim $rop r 5 5e=uisites: 9- that at least two offenses are committed =- that one or some of the offenses must be necessary to commit the other F- that both or all the offenses must be punished under the same statute Necessar$ means not eAuivalent to indis ensable means
NO !" #$%
#upposin , the accused idnapped a girl with intent to ill, brought the victim somewhere then illed her, is the crime com le8? =&, the crime is onl$ murder, because the 6idna in# was onl$ a means to commit the crime of murder #upposin , law students made a falsified solicitation letter and collected money, is the crime com le8? /0#, the falsification of the ri!ate document was necessar$ for the crime of estafa #upposin , a public official committed malversation through falsification of public documents, is the crime com le8? /0#, because the falsification was necessar$ to commit mal!ersation #upposin , the accused illed his victim in a building, then committed arson to conceal the murder, is the crime com le8? =& In the crimes of estafa and falsification, $ou loo6 at the crime first committed if it was necessar$ for the commission of the other7 the common element in estafa and falsification is the intent to cause dama#e #upposin , a city treasurer malversed PEmillion pesos out of ta3es then falsified documents to conceal the malversation, is the crime com le8? =&, the crimes are se arate #upposin , in the crime of rebellion, an =P$ commander burned villages and illed the villagers in furtherance of his acts of rebellion, is the crime com le8? =&, because the acts he committed were absorbed in the crime of rebellion #upposin , in the crime of rebellion, the =P$ commander illed someone for personal reasons, is the crime com le8? N(, the crimes are separate In the crimes of treason or rebellion, when common crimes are committed, %1( in furtherance of or is related to treason or rebellion, the crimes are absorbed, but %2( for ersonal reasons or for a ri!ate ur ose, the crimes are separate 1here is no comple3 crime of rebellion with common crimes /p cial Compl . Crim s 5 Ra e with %omicide 5 Robber$ with "erious 'h$sical In4uries 5 Robber$ with %omicide 5 Pidna in# with Murder or %omicide
03press provisions in the Re!ised 'enal Code that cannot be comple3 5 Article 9=?: search warrant obtained maliciousl$ 5 Article =FK: maltreatment of risoners 5 *irect 0riber$ R cannot be com le8ed Articl 4C is intended to favor the culprit or accused 1he penalty for comple3 crimes is the penalty for the most serious crime, the same to be a lied in its ma8imum eriod
NO !" #$%
1wo felonies in a com le8 crime unishable b$ im risonment and fine R onl$ the im risonment is im osed
$rticle 'C
AR1ICL- 4B 6 $-NAL12 0OR $RINCI$AL/ O0 CRIM- COMMI11-, WA/ ,I00-R-N1 0ROM W:A1 WA/
IN1-N,-,
a licable onl$ to mista e in identity /t ps 1. identif$ lesser enalt$ 2. whiche!er enalt$ is rescribed b$ law, 3. the lesser penalty is always applied or imposed
$rticle E0?E7
AR1ICL-/ 59?5A 6 ,-;R--/ 1O W:IC: $-NAL1I-/ /:ODL, 3- LOW-R-, )readin matter) $articipants; liability lowered by de rees consummate d 'rinci als Accom lices Accessories Articl Articl Articl Articl Articl Articl Articl Articl : 9 = frustrated 9 = F attem ted = F @
59 'rinci als in a frustrated felon$ 51 'rinci als in an attem ted felon$ 52 Accom lices in a consummated felon$ 53 Accessories in a consummated felon$ 54 Accom lices in a frustrated felon$ 55 Accessories in a frustrated felon$ 5< Accom lices in an attem ted felon$ 5A Accessories in an attem ted felon$
3asis 'or th # t rmination 5 under the R'C, enalties can be reduced by de rees 1. sta#e reached b$ the crime in its de!elo ment ;consummated, frustrated, attem ted> 2. artici ation of ersons liable ; rinci als, accom lices, accessories>
NO !" #$%
CRIMINAL LAW Lecture & Recitation Notes 3. ri!ile#ed miti#atin# circumstances
Page 1+, of 138 Atty. Maximo Amurao
All enalties for each crime in the R'C R #enerall$, shall alwa$s be im osed unless the law itself e8 ressl$ ro!ides, e8ce t Article <: , &r one whole enalt$7 one entire enalt$ or one unit of enalties enumerated in the #raduated scales $ rio# one of the F e3ual ortions ;minimum, medium, ma8imum>
$rticle EF?D0
AR1ICL- 5C 6 A,,I1IONAL $-NAL12 D$ON ACC-//ORI-/ O0 AR1.1B%3( 5 Absolute er etual dis3ualification if #uilt$ of a #ra!e felon$ 5 Absolute tem orar$ dis3ualification if #uilt$ of a less #ra!e felon$ "rticle 1F)3) ublic officers who hel the author of the crime b$ misusin# their office and duties shall suffer the additional enalties AR1ICL- 5B 6 $-NAL12 0OR IM$O//I3L- CRIM-/ 5 "rresto mayor, with fine of '=::5'K:: 3asis 'or imposition* 5 social dan#er 5 de#ree of criminalit$ AR1ICL- <9 6 -KC-$1ION/ 1O AR1ICL- 59?5A 5 shall not be a licable to cases in which the law rescribes a enalt$ for frustrated and attem ted sta#es or to be im osed on accom lices or accessories
$rticle D1
AR1ICL- <1 6 RDL-/ 0OR ;RA,DA1IN; $-NAL1I-/ ,i"isibl $ nalti s di!ided into three, so effects of ordinar$ miti#atin# circumstances and #eneric a##ra!atin# circumstances can be a lied In#i"isibl $ nalti s e#- reclusion er etua, ublic censure, fine 0irst Rul an# / con# Rul 'enalt$ onl$ consists of a de#ree 1he enalt$ ne8t lower b$ one de#ree R enalt$ immediatel$ followin# the enalt$ rescribed b$ the law 5 sin#le and indi!isible R Reclusion er etua 5 enalt$ ne8t lower in de#ree R Reclusion tem oral
NO !" #$%
Page 1+1 of 138 Atty. Maximo Amurao
#upposin , accused shot the victim Aualified by treachery, but the victim survived, thus accused was convicted of frustrated murder, the enalt$ for murder is reclusion er etua, but since it was frustrated, the enalt$ ne8t lower in de#ree a lies, which is reclusion temporal 0ourth an# 0i'th Rul 'enalt$ rescribed b$ law is 9, =, or F, se!eral eriods 5 If one eriod lower, #o down one eriod in the #raduated scale 5 If two eriods lower, #o down two eriods in the #raduated scale 5 If three eriods lower, #o down three eriods in the #raduated scale !(ample+ $rision 8ayor 5 #upposin the enalt$ rescribed b$ law is prision mayor medium period: is in itself a de#ree7 R'C all di!isible enalties are di!ided into F eriods7 rision ma$or medium can be di!ided into ma8imum, medium, minimum 5 $rision ma!or %< ! ars an# 1 #a! to 12 ! ars( 9= < R < , F R = = R common multi le ;add = to the eriods startin# from the minimum> Minimum < $ears and 9 da$ to ;<V=> B $ears Medium B $ears and 9 da$ to ;BV=> 9: $ears Ma8imum 9: $ears and 9 da$ ;9:V=> 9= $ears $rision mayor medium
? $rision ma!or m #ium %C ! ars an# 1 #a! to 19 ! ars( 9: B R = $ears , F R B months B months R common multi le ;add B months> Minimum B$rs- J 9 da$ to B$rs- J B months Medium B$rs- J B months to ?$rs- J @ months Ma8imum ?$rs- J @ $ears to 9: $ears With the F eriods of prision mayor medium now determined, the miti#atin# and a##ra!atin# circumstances attendant can now be a lied 1hir# Rul
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Page 1++ of 138 Atty. Maximo Amurao
5 when three enalties are im osed in one ;e#- Reclusion tem oral *eath> 5 since *eath is not im osed, three eriods lowered immediatel$ followin#
$rticle D2
AR1ICL- <2 ? -00-C1/ O0 1:- A11-N,ANC- O0 MI1I;A1IN; AN, A;;RAHA1IN; CIRCDM/1ANC-/ AN, :A3I1DAL ,-LINID-NC2 0irst rul : A##ra!atin# circumstances: 1. should not themsel&es constitute a crime, e#- b$ means of fire R arson7 b$ means derailment of a locomoti!e R destruction of ro ert$ ? Is unlawful entry a crime in itself? /0# 2. should not be included in definin the crime, e#- b$ means of oison in the crime of murder 3. 1he ma8imum eriod shall be im osed re#ardless of miti#atin# circumstances if the offender is a ublic officer who too6 ad!anta#e b$ ublic osition 4. 1he ma8imum eriod shall be im osed for members of an or#aniDed or s$ndicated crime #rou (r#aniDed or "$ndicated Crime /rou #rou of two or more ersons collaboratin#, confederatin# or mutuall$ hel in# one another for ur oses of #ain in the commission of an$ crime / con# rul 5 " ra&atin circumstances are not applicable if inherent in the crime, e#- e!ident remeditation in robber$ or theft7 ad!anta#e ta6en b$ ublic osition in mal!ersation7 se8 in crimes a#ainst chastit$7 brea6in# wall in malicious mischief 1hir# rul * A##ra!atin# or Miti#atin# Circumstances arisin# from: 1. 8oral attributes #upposin , the victim gave sufficient provocation, which irritated the accused who called his brother for assistance, then they both illed the victim, can the miti#atin# circumstance of sufficient ro!ocation be a reciated for both of them? =&, onl$ to the one who was the tar#et of the ro!ocation ;the accused> and not his brother 2. $ri&ate relations #upposin , your neighbor slapped your mom, then you as ed your friend to accompany you to ill your neighbor, can the a##ra!atin# circumstance of immediate !indication of a relati!e for a #ra!e offense be a reciated for the both $ou? =&, onl$ to $ou because it was $our mom who was offended first and not $our friend
NO !" #$%
3. $ersonal cause #upposin , you and your friend entered your neighbor@s house, not nowing that your friend is afflicted with leptomania, can the miti#atin# circumstance of illness be a reciated for the both of $ou? =&, illness can be a reciated onl$ to $our friend 0ourth rul * A##ra!atin# or miti#atin# circumstances a l$ in the: 5 material e3ecution of the act and in the means employed to accomplish it7 onl$ to those who had 6nowled#e at the time of the e8ecution 1. 8aterial e(ecution #upposin , Prof! $murao as ed his student to simply ill his classmate, but the student applied cruelty when he illed his classmate, can the a##ra!atin# circumstance of cruelt$ be a reciated with 'rof- Amurao? =&, because he had no 6nowled#e of the material e8ecution used #upposin , using the same facts above, but Prof! $murao told his student to ill his classmate Iat all costs@, can the a##ra!atin# circumstance of cruelt$ be a reciated with 'rof- Amurao? /0# 2. 8eans employed to accomplish 5 'rinci al b$ direct artici ation uses oison to commit murder without the 6nowled#e of the 'rinci al b$ inducement :abitual , lin)u nc! :abitual , lin)u nt a erson who, within a eriod of 9: $ears from the date of release or last con!iction of the crimes of serious or less serious h$sical in4uries, robber$, theft, estafa, or falsification, found #uilt$ for a Frd time or oftener- A habitual delin3uent shall suffer an additional enalt$ ,i'' r nc b t5 n :abitual , lin)u ntER ci#i"istER it racion
:abitual , lin)u nt Crim s 5 s ecified crimes R ci#i"ism R it racion 5 = crimes not embraced in the same
5 = crimes embraced in the same title of the R'C
title of the R'C $ rio# 5 within 9: $ears 5 time bet- = offenses is immaterial 5 has ser!ed sentence
for the 9st offense
NO !" #$%

No. o' Crim s 5 Frd time or oftener 5 =nd time is sufficient 5 =nd time is sufficient
-'' cts 5 additional enalt$ is im osed
5 a #eneric a##ra!atin# 5 not alwa$s an circumstance7 can be offset b$ an ordinar$ miti#atin# circumstance a##ra!atin# circumstance
,i'' r nc b t. :abitual , lin)u nc! F /ubsi#iar! Imprisonm nt :abitual , lin)u nt /ubsi#iar! Imprisonm nt 5 needs to be alle#ed in the information 5 should be alle#ed in the be#innin# 5 im oses an additional enalt$ 5 cannot be considered with a #eneral alle#ation, must be s ecificall$ alle#ed 5 comes onl$ after the sentence of con!iction 5 im osed onl$ when unable to a$ fine 5 #eneral alle#ation will suffice 5 does not need to be alle#ed
R )uisit s 'or a :abitual , lin)u nt* 1. offender has been con!icted of serious or less serious h$sical in4uries, robber$, theft, estafa, or falsification 2. after con!iction or after ser!in# sentence a#ain committed within 9: $ears from his release or date of first con!iction, he was con!icted of an$ of said crimes for the =nd time 3. after con!iction or after ser!in# sentence for the =nd offense a#ain commits and within 9: $ears of con!iction or release for the =nd offense, commits a Frd time or oftener A##itional $ nalti s 1. ,or the 3rd time R the enalt$ for the last crime V 'rision correctional medium to ma8imum 2. ,or the 4th time R the enalt$ for the last crime V 'rision ma$or minimum to medium
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Page 1+: of 138 Atty. Maximo Amurao
3. ,or the 5th time or more R the enalt$ for the last crime V 'rision ma$or ma8imum to Reclusion tem oral minimum 1otal of last enalt$ and additional enalt$ R should not e3ceed %0 yrs! If the court overloo ed the imposition of an additional penalty for habitual delin3uenc$ R the offender cannot be compelled to suffer the additional penalty In the commission of se!eral crimes occurrin# on or about the same date shall be considered onl$ as one for ur oses of habitual delin3uenc$ In the con!iction for those crimes occurrin# on or about the same date shall also be considered as one
$rticle D%
AR1ICL- <3 6 RDL-/ ON IN,IHI/I3L- $-NAL1I-/ 1. ,or sin le indi&isible penalties ;reclusion er etua> shall be a lied re#ardless of miti#atin# or a##ra!atin# circumstances, e#- the crime of ra e with homicide, with the miti#atin# circumstances of !oluntar$ surrender, !oluntar$ confession of #uilt, and illness, the enalt$ shall still be reclusion er etua because circumstances are disre#arded 2. ,or two indi&isible penalties ;sub5 ara#ra hs 95@ are ina enalt$, therefore thereLs onl$ one indi!isible enalt$> licable, because there is no death
-.c ption to #isr &ar#in& circumstanc s* if it is a privileged mitigating circumstance ,$rticles DF H DC-, or if the accused is a minor who acted with discernment R can be entitled to a enalt$ ne8t lower in de#ree
$rticle D'
AR1ICL- <4 6 RDL-/ 0OR $-NAL1I-/ WI1: 3 $-RIO,/ 5 In accordance w, Articles C<5CC whether there are attendin# circumstances 0irst rul 5 if neither a mitigating or aggravating circumstance is resent R medium period is im osed / con# rul 5 if there is a mitigating circumstance R minimum period is im osed 1hir# rul 5 if there is an aggravating circumstance R ma3imum period is im osed 0ourth rul 5 if there is both a mitigating and aggravating circumstance R courts shall offset the circumstances accordin# to relati!e wei#ht
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Page 1+; of 138 Atty. Maximo Amurao
0i'th rul 5 if there are = or more miti#atin# circumstances and absolutel$ no a##ra!atin# circumstances R the enalt$ ne8t lower in de#ree is im osed /i.th rul 5 whate!er the number or nature of a##ra!atin# circumstances R courts cannot im ose a #reater enalt$ than rescribed b$ law in ma8imum / " nth rul 5 Courts can determine e8tent of enalt$ within the limits of each eriod Miti&atin& circumstance must be ordinary R not privileged A&&ra"atin& circumstance must be generic R not Aualified or inherent
$rticle DE?D7
AR1ICL- <5 6 RDL-/ 0OR $-NAL1I-/ NO1 IN 1:R-- $-RIO,/ )readin matter) AR1ICL- << 6 IM$O/I1ION O0 0IN-/ )readin matter) 5 M o' th ma.imum 'in is either added ;for a##ra!atin# circumstances> or deducted ;for miti#atin# circumstances> from the ma8imum fine 5 courts must consider+ 1. miti#atin# or a##ra!atin# circumstances 2. wealth or means of the cul rit AR1ICL- <A 6 $-NAL12 0OR INCOM$L-1- -K-M$1IN; CIRCDM/1ANC- O0 ACCI,-N1 5 Arresto ma$or ma8imum to rision correccional minimum ,grave felonies5 Arresto ma$or minimum to Arresto ma$or medium ,for less grave felonies )ight felonies throu#h ne#li#ence R no penalty
$rticle DF
AR1ICL- <C 6 $-NAL12 0OR MINOR/ DN,-R 1C )repealed by 5" F344) Minor under 9B who acted with discernment R enalt$ two de#rees lower
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Page 1+- of 138 Atty. Maximo Amurao
$rticle DC
AR1ICL- <B 6 $-NAL12 0OR INCOM$L-1- 8D/1I02IN; OR -K-M$1IN; CIRCDM/1ANC-/ 5 lowered b$ 9 or = de#rees *a+ority of such conditions must be resent In self5defense, defense of a relati!e, defense of a stran#er 5 "nlawful $ggression is indispensable
$rticle 70
AR1ICL- A9 6 /DCC-//IH- /-RHIC- O0 /-N1-NC /imultan ous / r"ic if the nature of the enalties will so ermit, i-e- Reclusion tem oral and 'er etual Absolute *is3ualification ;refer to Re$es boo6 for a com lete list of enalties that ca be ser!ed simultaneousl$> /ucc ssi" / r"ic if cannot be ser!ed simultaneousl$ ;such as two 4ail sentences> shall follow the scale ro!ided b$ $rticle 70 based in the order according to severity 3?'ol# rul the ma8imum duration of the con!ictLs sentence shall not be more than %?fold the len#th of the time corres ondin# to the most severe of the enalties im osed onl$ a lies when the con!ict has to ser!e at least ' sentences In no case shall the sum total of enalties e8ceed @: $ears In the scale, $rresto menor comes before destierro because com lete de ri!ation of libert$ or im risonment in arresto menor is more se!ere than destierro #upposin , you are a +udge, can you impose the sentence of E00 counts of malversation, which is each punishable by 1E yrs! of imprisonment, without violating $rticle 702 /0#, because the F5fold rule does not refer to the im osition of sentence but refers to the ser!ice to the enalt$7 the courts can sentence no matter what and no matter how much 1he F5fold rule is the concern of the ;irector of Prisons, =&6 of the courts If the sum total of all the enalties does not e3ceed the most severe multiplied by %, the %? fold rule does not apply *uration of con!ictsL sentence refers to se!eral enalties for different offenses not yet served out R has to ser!e continuous im risonment
$rticle 71?77
AR1ICL- A1 6 ;RA,DA1-, /CAL-/ 'enalties are classified between ersonal enalties ;im risonment> and olitical ri#hts ;sus ension, fine, etc>
NO !" #$%
CRIMINAL LAW Lecture & Recitation Notes Arresto ma$or is followed b$ destierro AR1ICL-/ A2?AA )readin matter) Article CF Accessor$ enalties are deemed im osed "ubsidiar$ im risonment is N(1 an accessor$ enalt$ IN,-1-RMINA1- /-N1-NC- LAW %AC1 4193 AM-N,-, 32 AC1 4225( 5 mandatory in nature7 whether the courts li6e it or not, the$ ha!e to a those mentioned in #ec! 2 who are disAualified
l$ the same e8ce t for
$urpos EOb7 cti" s o' th I/LAW 1. to u lift and redeem !aluable human materials 2. romote economic usefulness 3. re!ent unnecessar$ and e8cessi!e de ri!ation of libert$ 1he I"LAW was enacted to benefit the accused b$ allowin# the con!ict not to ser!e the full sentence 1hese ob4ecti!es are attained with the a lication of the I"LAW Court fi3es a 8a(imum term and a 8inimum term After ser!in# the *inimum term, the con!ict shall be entitled to parole u on e!aluation of the 0oard of 'ardons and 'arole 1h Irelease@ shall b "aluat # b! th Court 5h th r th con"ict is* 5 fitted b$ trainin# for release 5 reasonable robabilit$ not to commit another crime or !iolate the law 5 com atible with the welfare of societ$ )ta1e note of this4 this was i&en by $rof2 "murao) $s applied in special penal laws 5 the Ma.imum t rm should not be more than what is rescribed 5 the Minimum t rm should not be less than what is rescribed !(ample+ 5 yrs and 1 day to 15 yrs 5 the Minimum ma$ be an$where from K $rs to 9@ $rs, but not less than K $rs 5 the Ma.imum ma$ be an$where from < 5 9K $rs- but not more than 9K$rs $s applied in the Revised Penal Code 5 the Ma.imum t rm should be im osed under the rules of the R'C7 penalty prescribed by law after a l$in# the le#al effects of miti#atin# or a##ra!atin# circumstances7 only the ma3imum is affected b$ the attendin# circumstances ? the Minimum t rm should be within the ran#e of the enalt$ ne8t lower to that rescribed b$ the R'C7 the penalty prescribed by law, lower it immediately by one degree, i#nore all the miti#atin# or a##ra!atin# circumstances !(ample: #upposin , accidentall$ $ou met $our nei#hbor alon# the road, he challen#ed $ou to a fi#ht and $ou acce ted the challen#e, there was a h$sical fi#ht, then $ou inflicted a mortal wound that caused his death in the hos ital, $ou were char#ed with homicide, because there were
NO !" #$%
Page 1+< of 138 Atty. Maximo Amurao
no 3ualif$in# circumstances, and since there was no mitigating and aggravating you should be sentenced to a medium period of reclusion tem oral ;for homicide> 5 1o #et Minimum t rm, immediatel$ #et the enalt$ ne8t to Reclusion tem oral, lower b$ 9 de#ree R $rision mayor an$where within 'rision ma$or, the court can decide what eriod, re#ardless of attendin# circumstances 5 1he Ma.imum t rm, considerin# the absence of attendin# circumstances, is Reclusion 1em oral medium eriod 5 1he sentence now usin# the I"LAW is 'rision ma$or in an$ eriod as the Minimum term, u to Reclusion tem oral medium eriod as the Ma8imum term If the con!ict reaches the *inimum term, he shall eligible for parole7 terms and conditions can be im osed b$ the 0'' >ote from $rof2 "murao+ It a$s to be in #ood terms with the 4ud#e and his wife or his number = so $ou can #et a low Minimum term if not the lowest /ur" illanc $ rio# #urin& $arol %/$( 1. If there is no !iolation durin# the durin# the s ecial eriod, the court will issue an order for final dischar#e 2. Le#al effect of a !iolation of law or rules: 5 release ma$ be re!o6ed 5 rosecuted anew 5 rolon#ed chan#e in the terms and conditions of the arole 5 made to ser!e out the remainin# une8 ired ortion of the sentence *urin# arole, the con&ict is as free as any normal person e8ce t for the terms and condition that ha!e to be obser!ed I/LAW is inapplicabl 5ith th 'ollo5in&* 1. p rsons con"ict # o' # ath or li' imprisonm nt 5 in terms of death, this refers to the enalt$ actuall$ im osed in the con!iction b$ the courts, not the enalt$ rescribed b$ the law 5 in terms of life imprisonment, what if Reclusion perpetua is imposed, can the I"LAW still be a lied2 1he "C sa$s =&, itLs not a licable =- those con!icted of treason, ro osal or cons irac$ to commit treason F- those con!icted of mis rision of treason, rebellion, sedition, es iona#e @- con!icted of irac$ K- habitual delin3uents <- those who esca ed from confinement C- those who !iolated the terms of conditional ardon b$ the 'resident B- ma8imum term of im risonment less than a $ear ?- those con!icted b$ destierro or sus ension 5 destierro is a con!iction im osed b$ courts $RO3A1ION LAW %$, B<C( $robation a dis osition under which a defendant after con!iction and sentence, is released sub4ect to the conditions im osed b$ the court and to the su er!ision of the robation officer Ob7 cti" sE$urpos 1. 'romote correction and rehabilitation
NO !" #$%
CRIMINAL LAW Lecture & Recitation Notes 2. ( ortunit$ for reformation
3. 're!ent commission of offenses
Crit ria 'or &rantin& 5 character 5 en!ironment
5 institution,communit$
5 antecedents 5 mental and h$sical condition Crit ria 'or # n!in&7 if the con!ict: 1. needs correctional treatment 2. has undue ris6 of committin# another crime 3. robation will de reciate seriousness of offense
Inapplicabilit! o' th $robation La5 1. a con!ict sentenced to more than < $ears 2. con!icted of sub!ersion other crimes of national securit$ or ublic order 3. a recidi!ist 4. re!iousl$ robationed 5. alread$ ser!in# sentence 1here is first, a 4ud#ment of con!iction im osed b$ the court ,uration 5 not e8ceedin# < $ears and not dis3ualified 5 the accused ma$ file an a lication for robation with the court
5 the court will order an in!esti#ation throu#h the robation officer, all the as ects of the life of the con!ict 5 robation officer submits findin#s and recommendation 5 after submission, court ma$ den$ or a robation ro!e recommendation and admit the accused to
5 Court ma$ im ose duration based on: 5 rehabilitation
NO !" #$%
CRIMINAL LAW Lecture & Recitation Notes 5 reformation 5 reinte#ration ,uration o' th $robation $ rio# 1. sentence not more than 9 $ear R robation is less than = $ears 2. sentence more than 9 $ear R robation is less than < $ears
3. sentence is fine with subsidiar$ im risonment R robation is twice the da$s of subsidiar$ im risonment A't r th $robation $ rio# 5 the court can issue, u on recommendation b$ the robation officer, a certificate of final dischar#e7 its effects are: 9- restored to oneLs ori#inal osition =- liabilit$ for the fine is deemed e8tin#uished Wh n to appl! 'or probation 5 9K da$s from romul#ation, durin# the re#lamentar$ eriod 5 the con!ict can either a eal or a l$ for robation
#upposin , con!ict filed a notice of a eal, later chan#ed his mind, withdrew his a eal then filed an a lication for robation, can he do that? =&, once $ou file for an a eal, $ou wai!e $our ri#ht to file for an a lication for robation, and !ice5!ersa if $ou first file for an a lication then later on decide to withdraw it #upposin , a 4ud#ment of con!iction was made, thus not entitled to robation, so accused filed an a eal in the CA where his sentence was lowered, 3ualif$in# him for robation, can he a l$ for robation now? CA sa$s .)", there canLt be an$ wai!er of ri#ht because he was not entitled to file an a lication for robation R thereLs nothin# to wai!e "C sa$s N(, because he alread$ a ealed, thou#h with stron# dissentin#
o inions about it ;1he "C is su reme, but it is not alwa$s ri#ht> 0e$ond the 9K5da$ re#lamentar$ eriod, $ou canLt file an a lication for robation, e8ce t in RA ?F@@, a child in conflict with the law can file an a lication for robation anytime AR1ICL-/ AC?C9 )readin matters) 5 Article C? "us ension of )8ecution
NO !" #$%
5 Article B: ;re ealed b$ RA ?F@@> in!ol!es the di!ersion and inter!ention ro#rams for children in conflict with the law AR1ICL-/ C1?C5 6 $ROC-,DR- AN, ;DI,-LIN-/ 0OR 1:- -K-CD1ION O0 ,-A1: $-NAL12 )readin matter) AR1ICL- C< 6 A,MINI/1RA1IH- MA11-R ON $-NI1-N1IARI-/ )readin matter) AR1ICL- CA 6 ,-/1I-RRO 5 rohibition in a certain lace or laces desi#nated in the con!iction 5 not ermitted to enter the lace or laces nor within the radius s ecified not more than =K:, but not less than =K 6ilometers from the lace AR1ICL- CC 6 ARR-/1O M-NOR 5 shall be ser!ed in munici al 4ails 5 or for health reasons, can be allowed to sta$ home ;house arrest> AR1ICL- CB 6 1O1AL -K1INC1ION O0 CRIMINAL LIA3ILI12 1. * ath o' a con"ict R e8tin#uishes ersonal enalties but not ecuniar$ if death comes before final 4ud#ment, e!en ecuniar$ liabilities are e8tin#uished 2. / r"ic o' s nt nc 5 crime is a debt incurred b$ the offender as a conse3uence7 after ser!ice of the sentence, the debt is aid 3. Amn st! 5 e8tin#uishes the enalt$ and its effects7 as if the crime was not committed 4. Absolut $ar#on 5 an act of #race b$ the Chief )8ecuti!e7 e8em ts the erson from unishment onl$ 5. $r scription o' crim 5 forfeiture or loss of the ri#ht of the "tate to rosecute <. $r scription o' p nalt! 5 loss or forfeiture of ri#ht of the #o!ernment to e8ecute the final sentence A. Marria& o' o'' n# # 5oman %Articl 344(
NO !" #$%
5 pri&ate crimes ;abduction, seduction, lasci!ious acts adulter$, concubina#e> cannot be rosecuted de officio 5 public crimes ;ra e> can be rosecuted de officio ;meanin# initiated in Court b$ filin# a com laint Marria#e can e8tin#uish either crimes AR1ICL- B9 AN, B1 6 $R-/CRI$1ION O0 CRIM-/ AN, COM$D1A1ION 1. *eath, Reclusion er etua, Reclusion tem oral R =: $ears 2. Crimes unishable b$ other afflicti!e enalties R 9K $ears 3. Crimes unishable b$ correctional enalties R 9: $ears 4. Arresto ma$or R K $ears 5. Crimes of libel, or other similar offenses R 9 $ear <. (ral defamation, "lander b$ deed R < months A. Li#ht felonies R = months 1he rescri ti!e eriod shall commence to run from the discovery of the crime and shall be interrupted only by filing a complaint or information in court Commences to run a#ain when such roceedin#s terminate without the accused bein# con!icted or ac3uitted 1he rescri ti!e eriod shall not run when the offender is absent from the 'hili ines #upposin , in 9?B: the accused commits a crime, then #oes into hidin#, he resurfaces =: $ears later, then the #o!ernment finds a witness, can the$ institute a case? =&, but if the accused left for the +", /0# he can be rosecuted still 1he mere filin# of a com laint with the followin# does not interrupt the prescriptive period: 5 Chief of 'olice 5 (ffice of the N0I 5 (ffice of the 'ro!incial *irector of the 'N' because these do not constitute the court7 the$ are not art of the 4udiciar$, not art of the courts of 4ustice 0ut filin# with: (ffice of the 'ublic 'rosecutor or (ffice of the (mbudsman, ma$ interru t the rescri ti!e eriod AR1ICL- B2 AN, B3 6 $R-/CRI$1ION O0 $-NAL1I-/ AN, COM$D1A1ION 1. *eath, Reclusion er etua R =: $ears 2. Crimes unishable b$ other afflicti!e enalties R 9K $ears
NO !" #$%
CRIMINAL LAW Lecture & Recitation Notes 3. Crimes unishable b$ correctional enalties R 9: $ears 4. Arresto ma$or R K $ears 5. Li#ht felonies R 9 $ear
1he rescri ti!e eriod shall commence upon evasion of the service of sentence of the convict and shall be interrupted by the following: 1. if offender #i!es himself u 2. if he is ca tured 3. #oes to a forei#n countr$ with which we ha!e no e8tradition treat$ 4. commits another crime before e8 iration of the eriod of rescri tion
,i'' r nc b t5 n $r scription o' crim s F $r scription o' p nalti s $R-/CRI$1ION O0 CRIM$R-/CRI$1ION O0 $-NAL12 5 loss or forfeiture of the "tate to rosecute 5 loss or forfeiture of the "tate to enforce 4ud#ment after a la se of time 5 eriod: includes libel, oral defamation7 difference in time for li#ht felonies 5 starts countin# u on disco!er$ of the commission of the crime 5 mere absence from the 'hili interru ts 5 starts countin# u on the esca e or e!asion of ser!ice of the sentence ines 5 absence from the 'hili ines 5 li#ht felonies for 9 $ear
interru ted onl$ when he #oes to a forei#n countr$ without an e8tradition treat$ with us
5 commission of another crime before the e8 iration of the eriod does not interru t
5 commission of another crime before e8 iration of the eriod interru ts the rescri tion NO !" #$%
AR1ICL- B4 6 $AR1IAL -K1INC1ION O0 CRIMINAL LIA3ILI12 1. Conditional ardon 5 must be deli!ered and acce ted7 contract bet- 'resident and the con!ict 2. 0$ commutation of the sentence 3. Eor #ood conduct allowances which cul rit ma$ earn 4. Eull credit of ser!ice of re!enti!e im risonment 5. Release on 'arole <. Release under 'robation
AR1ICL- B5 6 O3LI;A1ION/ O0 1:O/- ;RAN1-, CON,I1IONAL $AR,ON )readin matter) AR1ICL- B< 6 -00-C1 O0 COMMD1A1ION O0 /-N1-NC)readin matter)
AR1ICL- BA 6 ALLOWANC-/ 0OR ;OO, CON,DC1 9- first = $ears R deduction of K da$s for each month of #ood beha!ior =- F 5 K $ears R deduction of B da$s for each month of #ood beha!ior F- <59: $ears R deduction of 9: da$s for each month of #ood beha!ior @- 99 J so on $ears R deduction of 9K da$s for each month of #ood beha!ior
AR1ICL- BC 6 /$-CIAL 1IM- ALLOWANC-/ 5 it is a deduction of 9,K of the eriod of the entire sentence: ha!in# e!aded ser!ice durin# calamit$ or catastro he ;Art-9KB> #i!es himself u to the authorities within @B hours7 otherwise, if ca tured 9,K of the remainin# sentence will added
NO !" #$%
#upposin , there is a calamit$, but $ou did not esca e, will $ou be awarded the 9,K deduction? =&, the law sa$s $ou ha!e to first esca e AR1ICL- BB 6 W:O ;RAN1/ 1IM- ALLOWANC-/ )readin matter) 5 1he *irector of 'risons
Articl 199 6 Ci"il Liabilit! In e!er$ felon$, arises two thin#s: ;i> criminal liability, which can be e8tin#uished b$: 5 im risonment 5 rescri tion of libert$ Interested arties are: the #o!ernment,"tate,'resident a#ainst the accused who is the onl$ one liable because enalties are ersonal ;ii> ci&il liability, which can be e8tin#uished b$: 5 restitution 5 re aration Interested arties are: the offended art$ and heirs a#ainst the accused and heirs Ci!il liabilit$ can be e8tin#uished similar to that of contracts + on filin# of the criminal action, civil action is deemed instituted If the criminal case was filed first, it shall ta6e recedence If the ci&il case was filed first, it will be sus ended when the criminal case is filed R s r"ation o' ri&ht loses ri#ht to inter!ene in criminal case, but allows for the institution of an independent civil action ;ICA> In# p n# nt Ci"il Action ;for cases of or claims for dama#es, defamation, h$sical in4uries> ma$ roceed simultaneousl$ with the criminal case, but if there is re4udicial 3uestion, it shall be decided first $r 7u#icial Iu stion is one which arises in a case, the resolution of which is a lo#ical antecedent of the issue in!ol!ed in the said case, and the co#niDance of which ertains to another tribunal )8tinction of criminal liabilit$ ;ac3uittal> shall not carr$ the ci!il action with it unless it is the basis for the decision AR1ICL- 191 6 RDL-/ ON CIHIL LIA3ILI12 5 indemnification 5 fine
NO !" #$%
5 Article 9= ars- 9, =, F,K,< and Article 99;@> are not e8em t from ci!il liabilit$ 0irst rul * 5 Article 9= ;9, =, F> R ci!il liabilit$ de!ol!es to those who ha!e arental or le#al authorit$ of them / con# rul * 5 Article 99;@> R those who benefited from the harm re!ented are ci!ill$ liable 1hir# rul * 5 Article 9= ;K J <> R the ersons causin# the fear or usin# !iolence are primarily liable7 in their absence, those who acted are secondarily liable
AR1ICL-/ 192?193 6 /D3/I,IAR2 LIA3ILI12 O0 O1:-R $-R/ON/ )readin matter) AR1ICL-/ 194?19B F111 6 0ORM/ O0 CIHIL LIA3ILI12 F O3LI;A1ION/ )readin matter)
AR1ICL- 119 6 /-H-RAL LIA3ILI1I-/ O0 $AR1ICI$AN1/ IN A CRIM 1he rinci als, accom lices, accessories shall ha!e se!eral liabilit$7 thus, the offended art$ can as6 a$ment from an$ of them In case of insol!enc$ of the rinci al, the accom lice is ne8t in line, and so on, if the latter is also insol!ent Frd erson #ratuitous re3uires artici ation 6nowled#e7 re3uires 6nowled#e on his art of the commission of the crime AR1ICL- 112 F 113 6 -K1IN;DI/:M-N1 O0 CIHIL LIA3ILI12 B same as e(tin uishment of contracts 1. b$ a$ment or erformance 2. b$ the loss of the thin# due 3. b$ condonation or remission of the debt 4. b$ the confusion or mer#er of the ri#hts of the creditor and debtor 5. b$ com ensation <. b$ no!ation
NO !" #$%
NO !" #$%

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CRIMINAL LAW Lecture & Recitation Notes CRIMINAL LAW 1 June 17, 2011

Page 1 of 138 Atty. Maximo Amurao

Introduction to Criminal Law

Q: Is criminal law the same as the R'C? .es

CRIMINAL LAW Lecture & Recitation Notes

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CRIMINAL LAW Lecture & Recitation Notes June 21, 2011

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CRIMINAL LAW Lecture & Recitation Notes 2EA

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CRIMINAL LAW Lecture & Recitation Notes

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CRIMINAL LAW Lecture & Recitation Notes

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CRIMINAL LAW Lecture & Recitation Notes

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CRIMINAL LAW Lecture & Recitation Notes

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CRIMINAL LAW Lecture & Recitation Notes Anti %i4ac6in# Lac6

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CRIMINAL LAW Lecture & Recitation Notes ;c> an in!oluntar$ act

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CRIMINAL LAW Lecture & Recitation Notes

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CRIMINAL LAW Lecture & Recitation Notes

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CRIMINAL LAW Lecture & Recitation Notes

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CRIMINAL LAW Lecture & Recitation Notes

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CRIMINAL LAW Lecture & Recitation Notes

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CRIMINAL LAW Lecture & Recitation Notes

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CRIMINAL LAW Lecture & Recitation Notes

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Attem ted M%'I "erious h$sical in4uries Less serious,"li#ht h$sical

CRIMINAL LAW Lecture & Recitation Notes

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CRIMINAL LAW Lecture & Recitation Notes

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CRIMINAL LAW Lecture & Recitation Notes

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CRIMINAL LAW Lecture & Recitation Notes

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CRIMINAL LAW Lecture & Recitation Notes %ra&e felonies

Page 3; of 138 Atty. Maximo Amurao afflicti&e penalties

Less ra&e felonies

Arresto Ma$or "us ension *estierro Arresto Menor

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