CRIMINAL LIABILITY

FELONY
- Acts or omissions punishable by law and they may be committed not only by
means of deceit but also by means of fault (culpa)
- There is deceit when the act is performed with deliberate intent and there is
fault when the wrongful act results from imprudence, negligence, lack of
foresight, or lack of skill
CLASSES OF FELONIES
1. Consummated when all the elements necessary for its eecution and
accomplishment are present
!. Frustrated when the o"ender performs all the acts of eecution which
would produce a felony as a conse#uence but which ne$ertheless do not
produce it by reason of causes independent of the will of the perpetrator.
%. Attempted- when the o"ender commences the commission of the same
directly by o$ert act and does not perform all the acts of eecution which
should produce the felony by reason of some cause or accident other than his
own spontaneous desistance.
Degree of Punisment
1. !ra"e fe#onies are those to which the law attaches the capital punishment
(death) or penalties which in any of their periods are a&icti$e (imprisonment
ranging from ' years and 1 day to life imprisonment or a (ne eceeding
',))).)
!. Less gra"e fe#onies are those which the law punishes with penalties which
in their maimum period are correctional (imprisonment ranging from 1 month
and 1 day to ' years, or a (ne not eceeding *.',))).)) but not less
than*!)).)))
%. Ligt fe#onies are those infractions of law for the commission of which the
penalty of arresto menor (imprisonment ranging from 1 day to %) days) or a
(ne not eceeding *!)).)) or both.)
CONSPIRACY
- A conspiracy eists when two or more persons come to an agreement
concerning the commission of a felony and decide to commit it.
PERSONS CRIMINALLY LIABLE CLASSIFIED
PRICIPALS
- Are those who take a direct part in the eecution of the act, or those who
directly force or induce others to commit it, or those who cooperate in the
commission of the o"ense by another act without which the crime would not
ha$e been accomplished.
ACCOMPLICES
- Are those persons who, not being principals by direct participation,
inducement or cooperation through another act essential to the
consummation of the crime, cooperate in the eecution of the o"ense by
pre$ious or simultaneous acts.
- +n criminal law, accomplices are also known as ,accessories before the fact-.
A midwife who ad$ices a pregnant woman as to where she may go to submit
to abortion, may be guilty of said crime as an accomplice.
ACCESSORIES
- Are those who, ha$ing knowledge of the commission of the crime and without
ha$ing participated therein either as principals or accomplices, take part
subse#uent to its commission in any of the following manners.
1. /y pro(ting themsel$es or assisting the o"enders to pro(t by the e"ects of
the crime
!. /y concealing or destroying the body of the crime, or the e"ects or
instruments thereof, in order to pre$ent its disco$ery
%. /y harboring, concealing, or assisting in the escape of the principal of the
crime, pro$ided the accessory had acted with abuse of his public functions
CIRC$MSTANCES AFFECTIN! CRIMINAL LIABILITY
JUSTIFYING CIRCUMSTANCES
- 0ircumstances surrounding the commission of a crime may be 1usti(ed, by
reason of which the o"ender does not render himself criminally liable. 2or
instance one who acts in defense of his person or rights, does not incur
criminal liability, pro$ided the following circumstances concur.
1. 3nlawful aggression on the part of the o"ended or in1ured party
!. 4easonable necessity of the means employed by the o"ender to pre$ent or
repel such aggression
%. 5ack of su6cient pro$ocation on the part of the o"ender
EXEMPTING CIRCUMSTANCES
- There are certain circumstances under which the law eempts a person from
criminal liability for the commission of a crime.
1. An imbecile or an insane person, unless the latter has acted during a lucid
inter$al
!. A person under nine years of age
%. A person o$er nine years of age and under (fteen, unless he has acted with
discernment
7. Any person who, while performing a lawful act with due care, causes an
in1ury by mere accident, without fault or intention of causing it
8. Any person who acts under the compulsion of an irresistible force
'. Any person who acts under the impulse of an uncontrollable fear of an
e#ual or greater in1ury
9. Any person who fails to perform an act re#uired by law, when pre$ented by
some lawful or insuperable cause.
MITIGATING CIRCUMSTANCES
- Are such as do not constitute a 1usti(cation or ecuse of the o"ense in
#uestion, but which in fairness and mercy may be considered as etenuating
or reducing the degree of moral culpability. They lessen the criminal liability of
the o"ender
1. 0ircumstances which are otherwise 1ustifying or eempting were it not for
the fact that all the re#uisites necessary to 1ustify the act or to eempt the
o"ender from criminal liability in the respecti$e cases are not attendant.
!. That the o"ender is under eighteen years of age or o$er se$enty years
%. That the o"ender had not intention to commit so gra$e a wrong as that
committed.
7. That su6cient pro$ocation or threat on the part of the o"ended party
immediately preceded the act
8. That the act was committed in the immediate $indication of a gra$e
o"ense to the one committing the felony, his spouse, ascendants,
descendants, legitimate, natural, or adopted brothers and sisters or
relati$es by a6nity within the same degrees
'. That of ha$ing acted upon an impulse so powerful as naturally to ha$e
produced passion and obfuscation
9. That the o"ender had $oluntarily surrendered himself to a person in
authority or his agents or that he had $oluntarily confessed his guilt before
the court prior to the presentation of the e$idence for the prosecution
:. That the o"ender is deaf and dumb, blind or otherwise su"ering some
physical defect which thus restricts his means of action, defense, or
communication with his fellow beings.
;. <uch illness of the o"ender as would diminish the eercise of his will power
without howe$er depri$ing him of consciousness of his acts
AGGRAVATING CIRCUMSTANCES
- Are those attending the commission of the crime which increase the criminal
liability of the o"ender or make his guilt more se$ere.
1. That ad$antage be taken by the o"ender of his public position
!. That the crime be committed with abuse of con(dence or ob$ious
ungratefulness
%. That the crime be committed in contempt of or with insult to the public
authorities
7. That the crime be committed on the occasion of a con=agration, shipwreck,
earth#uake, epidemic, or other calamity or misfortune
8. That the crime be committed in consideration of a price, reward, or
promise
'. That the crime be committed by means of inundation, (re, poison,
eplosion, stranding of a $essel or intentional damage thereto,derailment
of a locomoti$e or by the use of any other arti(ce in$ol$ing great waste
and ruin.
9. That the act be committed with e$ident premeditation
:. That craft, fraud, or disguise be employed
;. That the wrong done in the commission of the crime be deliberately
augmented by causing other wrong not necessary for its commission.
MID%I&ES AND CRIMES
PARRICIDE- is the crime committed by one who kills his father, mother, or child,
whether legitimate or illegitimate or any of his ascendants or descendants or his
spouse
MURDER- is the crime committed by a person who kills another, other than his
father, mother, or child, or any of his ascendants or descendants or his spouse.
1. >ith treachery, taking ad$antage of superior strength with the aid of
armed men, or means to weaken the defense, or with the aid of means or
persons to insure or a"ord impunity
!. +n consideration of price, reward, or promise
%. /y means of inundation, (re, poison, eplosion, shipwreck, stranding of a
$essel, derailment or assault upon a street car or locomoti$e, fall of an
airship, by means of motor $ehicles, or with the use of any other means
in$ol$ing great waste and ruin
7. ?n occasion of any of the calamities enumerated in the preceding
paragraph, or of an earth#uake, eruption of a $olcano, destructi$e cyclone,
epidemic or any other public calamity
8. >ith e$ident premeditation
'. >ith cruelty, by deliberately and inhumanly augmenting the su"ering of
the $ictim, or outraging or sco6ng at his person or corpse.
HOMICIDE- is the killing of any human creature. +t may be committed without
criminal intent and without criminal conse#uences, as where it is done in self-
defense
INFANTICIDE- is the killing of a child less than % days of age
ABORTION- means termination of pregnancy before the fetus is $iable
GIVING ASSITANCE TO SUICIDE- any person who shall assist another to commit
suicide
ILLEGAL DETENTION- any pri$ate indi$idual who shall detain another or, in any
other manner, depri$e him of his liberty.
SIMULATION OF BIRTH- any person who shall substitute one child for another or
who shall conceal or abandon any legitimate child with intent to cause such child to
lose its ci$il status.
NEGLIGENCE- as the doing of that thing which a reasonably prudent person would
not ha$e done, or the failure to do that thing which a reasonably prudent person
would ha$e done. +t is failure to eercise that degree of care and prudence which a
reasonably prudent person would ha$e eercised in like or similar circumstances.
FORCE MAJEURE- is a irresistible or superior force. +t is a fact or accident which
human prudence can neither foresee nor pre$ent. +t is a fortuitous e$ent, or an
accident produced by physical cause which is irresistible.
MALPRACTICE- is ,professional negligence-, that is negligence that occurred while
the person was performing as a professional. +t also denotes stepping beyond one@s
authority.
ASSUALT- is the imminent threat of harmful or o"ensi$e bodily contact
BATTERY- is an intentional, unconsented touching of another person.
DEFAMATION- means character assassination. <lander is oral defamation. 5ibel is
defamation by written words.
INVASION OF RIGHT TO PRIVACY AND THE BREACH OF CONFIDENTIALITY
The right to pri$acy means the right to be left alone, the right to be free from
unwarranted publicity and eposure.