POINTERS IN CRIMINAL LAW

JUSTICE AMPARO CABOTAJE-TANG

mere silence and failure to give the alarm,

without evidence of agreement or conspiracy,
is not punishable.

CHARACTERISTICS OF CRIMINAL LAW

1. GENERAL binding on all persons who live
or sojourn in Philippine territory (Art. 14,
NCC)
2. TERRITORIAL undertake to punish crimes
committed within Philippine territory.
3. PROSPECTIVE cannot make an act
punishable in a manner in which it was not
punishable when committed.

Recit Question: Differentiate Ex Post Facto Law

and Bill of Attainder

APPLICATION OF THE PROVISIONS OF THE

RPC (ART. 2)
o Recit Question: In what cases are the
provisions of the RPC applicable even if the
felony is committed outside the Philippines?

o Favorite nya ung questions regarding crimes

committed on board a ship / vessel
- US v. Look Chaw : Possession of opium
aboard a foreign merchant vessel is not
triable in Philippine Courts, because that fact
alone does not constitute a breach of public
order
- US v. Ah Sing : When a foreign merchant
vessel is NOT IN TRANSIT because the
Philippines is its terminal port, the person in
possession of opium on board that vessel is
liable, because he may be guilty of
importation of opium
- People v. Wong Cheng : Philippine courts
have jurisdiction over crimes constituting a
breach of public order aboard merchant
vessels anchored in Philippine jurisdictional
waters.
- US v. Fowler: Philippine courts have no
jurisdiction over offenses committed on
board foreign warships in territorial waters.
o Midterm Question: A foreign vessel docks in
one (1) of the Philippine ports en route to
Japan. While the said vessel is docked, A
seriously physically injures passenger B. Which
court has jurisdiction to try the serious
physical injuries case against A? Explain.

ART. 3- FELONIES
o Midterm Question: What are the felonies and
how are they committed?
o Art 3. Acts and omissions punishable by law
are felonies (delitos). Felonies are committed
not only by means of deceit (dolo) but also by
means of fault (culpa). There is deceit when
the act is performed with deliberate intent;
and there is fault when the wrongful act
results from imprudence, negligence, lack of
foresight, or lack of skill.
o People v. Silvestre & Atienza - mere passive
presence at the scene of anothers crime,
1

MISTAKE OF FACT (favourite nya to)

o Ignorance or mistake of fact relives the
accused from criminal liability. (ignorantia
facti excusat)
o Requisites:
That the act done would have been lawful
had the facts been as the accused believed
them to be;
That the intention of the accused in
performing the act should be lawful;
That the mistake must be without fault or
carelessness on the part of the accused.
o

THREE CLASSES OF CRIMES: INTENTIONAL

FELONY (the act is performed with deliberate
intent); CULPABLE FELONY (the wrongful
act results from imprudence, negligence, lack
of foresight or lack of skill); CRIMES
PENALIZED BY SPECIAL LAWS (include
crimes punished by municipal or city
ordinances).
Imprudence deficiency of action
Negligence deficiency of perception
Requisites of Malice (dolo)
Freedom; Intelligence; Intent.
Requisites of Culpa (negligence)
Freedom; Intelligence; Fault

US v. Ah Chong there is an innocent mistake

of fact without any fault or carelessness on
the part of the accused because having no
time or opportunity to make any further
inquiry, & being pressed by circumstances to
act immediately, the accused had no
alternative but to take the facts as they then
appeared to him, and such facts justified his
killing the deceased.
People v. Oanis the accused found no
circumstances whatever which would press
them immediate action. The person in the
room being asleep, the accused had ample
time & opportunity to ascertain his identity
without hazard to themselves.

MALA IN SE v. MALA PROHIBITA

o MALA IN SE those so serious in their effects
on society as to call for almost unanimous
condemnation of its members; generally
felonies defined & penalized by RPC; there
must be a criminal intent
o MALA PROHOBITA violations of mere rules
of convenience designed to secure a more
orderly regulation of the affairs of society;
generally the acts made criminal by special
laws; it is sufficient if the prohibited act was
intentionally done
o Dolo is NOT required in crimes punished by
special laws. The act alone, irrespective of its
motives, constitutes the offense. Good faith
and absence of criminal intent NOT valid
defenses.

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INTENT v. MOTIVE
MOTIVE is the moving power which impels
one to action for a definite result; INTENT is
the purpose to use a particular means to
effect such result.
People v. Aposaga Motive is NOT an
essential element of a crime, and hence need
not be proved for purposed of conviction.

ART 4. CRIMINAL LIABILTY

o People v. Ural he who is the cause of the
cause is the cause of the evil caused.
o Under par. 1, Art 4, a person committing a
felony is still criminally liable even if
o Error in Personae there is a
mistake in the identity of the victim
(People v. Oanis)
o Aberratio Ictus there is mistake in
the blow (People v. Mabugat)
o Praeter Intentionem the injurious
result is greater than that intended.
(People v. Cagoco).
o People v. Toling any person who creates in
anothers mind an immediate sense of danger,
which causes the latter to do something
resulting in the latters injuries is liable for
the resulting injuries.
o Wrong done must be the direct, natural &
logical consequence of felonious act.
Toling case relying on US v. Valdez
if a person against whom a criminal
assault is directed reasonably believes
himself to be in danger of death or
great bodily harm & in order to
escape jumps into the water, impelled
by the instinct of self-preservation,
the assailant is responsible for
homicide in case death results by
drowning.
o But, where it clearly appears that the injury
would not have caused death, in the ordinary
course of events, & where it is shown beyond
all doubt that the death was due to the
malicious or careless acts of the injured or a
third person, the accused is not liable for
homicide.

PROXIMATE CAUSE- that cause which in natural

and continuous sequence, unbroken by any
efficient intervening cause, produces the injury,
and without which the result would not have
occurred. (Bataclan v. Medina)
o The felony committed must be the proximate
cause of the resulting injury.
o The felony is NOT the proximate cause when
1. There is an active force that
intervened between the felony
committed and the resulting injury;
2. The active force is a distinct act or fact
absolutely foreign from the felonious
act of the accused;
3. Resulting injury is due to the
intentional act of the victim.

Midterm Question: A & B engage in a fist fight.

After receiving multiple blows, B runs away.
While running, B gets chased and bitten by a
German Shepherd causing him to suffer serious
physical injuries. B now sues A for all the
injuries he sustained.
As a prosecutor, what do you need to
prove to establish As criminal liability?
As a defense counsel, what legal
grounds can invoke to defeat As
successful prosecution?
If you were the judge, how will you
decide the case. Explain.

IMPOSSIBLE CRIMES (Second par of Art 4)

1. Requisites:
1. That the act perfomed would be an
offense against persons or property
2. That the act was done with evil intent
3. That its accomplishment is inherently
impossible, or that the means
employed is either inadequate or
ineffectual;
4. That the act performed should not
constitute a violation of another
provision of the Revised Penal Code.
Examples: When one tries to kill another by
putting in his soup a substance which he
believes to be arsenic when in fact it is
common salt; when one tries to murder a
corpse (People v. Balmores).

ART 6. CONSUMMTED, FRUSTRATED, &

ATTEMPTED FELONIES
1. In determining the stage of the crime
committed, the nature of the offense;
elements constituting the felony; manner of
committing the same, must be considered.
o

Midterm Question:
1. What are the different stages of execution
of a felony? Define each.
2. One night, A enters the yard of his
neighbour B and steals one of Bs car tires.
As he is about to step out of the yard, A gets
intercepted by B who demands the return
of his car tire. A complies. What stage of
the felony did A commit? Explain.

Recit: Anong crime

1. pag tinutukan ka ng baril?
2. pagtinutukan ka tapos pinutok pero hindi
ka tinamaan?
3. pag tinutukan ka ng baril, pinutok sayo,
tinamaan ka, pero hindi ka namatay.
4. pag pinutok lang sa ere sa harap mo?

PREPARATORY v. OVERT ACTS

o People v. Tabago Drawing or trying to
draw a pistol is NOT an overt act of homicide.
o Raising a bolo as if to strike the offended
party with it is NOT an overt act of homicide.
But if a blow with the bolo was struck and
there was intent to kill on the part of the
accused, the act of striking the offended party

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with the bolo would be an overt act of the

crime of homicide.
Only offenders who personally execute the
commission of a crime can be guilty of attempted
felony.
o If A induced B to kill C, but B refused to do it,
A cannot be held liable for attempted
homicide, because although there was an
attempt on the part of A, such an attempt was
not done directly with physical activity. The
inducement made by A to B is in the nature of
a proposal, not ordinarily punished by law.
o But if B pursuant to his agreement with A,
shot C, with intent to kill, but missed and did
not injure C, both A & B are guilty of
attempted felony, because of conspiracy.
FRUSTRATED CRIME
o People v. Guihama - In crimes against
persons, as homicide, which requires the
victims death to consummate the felony, it is
necessary for the frustration of the same that
a MORTAL WOUND be inflicted, because then
the wound could produce the felony as a
consequence.
o People v. Adiao (Theft) actual taking with
intent to gain of personal property, belonging
to another, without the latters consent, is
sufficient to constitute consummated theft. It
is NOT necessary that the offender carries
away or appropriates the property taken.
o People v. Dominguez (Estafa) the accused
performed all the acts of execution. However,
the crime was not consummated as there was
no damage caused in view of timely discovery
of the felonious act.

* In the Dio case, it was held that the crime

committed is that of frustrated theft, because the fact
determinative of consummation in the crime of theft
is the ability of the offender to dispose freely of the
articles stolen, even if it were or less momentarily.

General Rule: Conspiracy and proposal to commit

felony are NOT punishable.
Exception: They are punishable only in the case in
which the law specially provides a penalty therfor.
o Art. 115 Conspiracy to commit treason
o Art. 136 Conspiracy to commit coup detat,
rebellion, or insurrection
o Art 141 Conspiracy to commit sedition
Requisites of Conspiracy
1. That the two or more persons came to an
agreement;
2. That the agreement concerned the
commission of a felony;
3. That the execution of the felony be decided
upon
o

*No conflict in the rulings of the Adiao & Dominguez

case.
Apparently, they should both be either
consummated or frustrated. However, the difference
lies in the elements of the two crimes.
FRUSTRATED THEFT (Favorite recit din nya to)
o People v. Dio A truck loaded with stolen
boxes of rifles was on the way out of the
check point when an MP guard discovered the
boxes on the truck. It was held that the crime
committed was frustrated theft, because of
the timely discovery of the boxes on the truck
before it could pass out of the check point.
o People v. Espiritu In the Supply Depot, the
accused removed from the pile nine pieces of
hospital linen and took them to their truck
where they were found by a corporal when
they tried to pass through the check point. It
was held that the crime committed was
consummated theft.
* In the Espiritu case, it was held that the crime of
theft was consummated because the thieves were
able to take or get hold of the hospital linen and that
the only thing that was frustrated, which does not
constitute any element of theft, is the use or benefit
that the thieves expected to derive from the
commission of the offense.
3

ART. 8 CONSPIRACY AND PROPOSAL TO

COMMIT FELONY
o Midterm Question: Are conspiracy and
proposal to commit a felony per se punishable?
When is there conspiracy and proposal to
commit a felony?

o
o

People v. Monroy Conspiracy arises on the

very instant the plotters agree, expressly or
impliedly, to commit the felony and forthwith
decide to pursue it.
People v. Buntag Conspiracy renders all the
conspirators as co-principals regardless of
the extent and character of their participation
because in contemplation of the law, the act
of one conspirator is the act of all.
People v. Damaso Conspiracy is implied
when the accused had a common purpose and
were united in its execution.
People v. Fernandez But in multiple rape,
each rapist is equally liable for the other
rapes.

STUDY AND MEMORIZE BY HEART:

Article 11 - Justifying Circumstances
Article 12 - Exempting Circumstances
Article 13 - Mitigating Circumstances
Article 14 - Aggravating Circumstances
Article 15 Alternative Circumstances

ART 11. JUSTIFYING CIRCUMSTANCES

o Midterm Question: What are the justifying
circumstances?
o A & B are husband and wife respectively. One
day, A leaves for the province on an official
assignment from work. After seven years, A
fails to return home. B then petitions to court
to have A declared presumptively dead which is
granted. B subsequently marries C. One night,
A arrives home and finds B and C in the room
doing the carnal act. Blinded by fury, A kills
both B and C. A now gets prosecuted for the

KEIJ EJERCITO NOTES | SAN BEDA COLLEGE OF LAW: CRIMINAL LAW - JUSTICE AMPARO CABOTAJE-TANG

killing of B and C. A maintains, however, that

his act was justified because he merely acted in
defense of his rights. Will As claim prosper?
o A is a thin, aging and 53 tall policeman. He is
ordered by his superior to implement the
warrant of arrest against B, a notorious
gangster with a built and height like Mike
Tyson. On his way, A sees B from a distance of
10 meters. He tells B to stop and shouts to B
that he is placing him under arrest waving the
arrest warrant in his hand. B continues to
advance to A who then shoots B resulting in the
latters death. A gets prosecuted for homicide
but pleads the justifying circumstance of
fulfilment of duty. Will As claim prosper?
SELF DEFENSE anyone who acts indefense of his
person or rights, provided that the following
circumstances are present: (U-R-L)
o Unlawful aggression;
There must be actual physical force or
with actual use of weapon. Insulting
words, no matter how objectionable could
not constitute unlawful aggression.
People v. Sabio Slap on the face is an
unlawful aggression. Since the face
represents a person and his dignity,
slapping is a serious personal attack.
When the aggressor flees, unlawful
aggression no longer exists.
o Reasonable necessity of the means employed
to prevent or repel it;
Perfect equality between the weapon used
is NOT required because the person
assaulted does not have sufficient
tranquility of mind to think, to calculate
and to choose which weapon to use.
What the law requires is rational
equivalence.
While the law on self defense allows a
private individual to prevent or repel an
aggression, the duty of the peace officer
requires him to overcome his opponent.
o Lack of sufficient provocation on the part of
the person defending himself.
It is present when: 1) no provocation at
all; 2) even if a provocation was given, it
was not sufficient; 3) even if the
provocation was sufficient, it was not
given by the person defending himself.
US v. Laurel the kissing of the girlfriend
of the aggressor was a sufficient
provocation to the latter, but since the
kissing of the girl took place on Dec 26
and the aggression was made on Dec 28,
the provocation was disregarded by the
SC.
Battered Women Syndrome as a
Defense (Sec. 26, RA 9262) Victimsurvivors who are found by the courts to
be suffering from BWS do not incur
criminal & civil liability notwithstanding
the absence of any of the elements for
4

justifying circumstances of self-defense

under the RPC. (See People v. Genosa)
o
o

Midterm Question: In People v. Genosa, 419

SCRA 537 (2004), how did the SC define the
concept of battered woman syndrome?
In the said case, did the SC accept Genosas
claim that she was suffering from the BWS
when she killed her husband thereby justifying
her act? Why or why not? Explain.

ART. 12 CIRCUMSTANCES WHICH EXEMPT

FROM CRIMINAL LIABILITY
o

Midterm Question: A husband comes home one

(1) night and finds the door of the bedroom
locked. He opens the door with his key and
finds a man mounted on his wife. Enraged, he
draws a gun from his waist and shoots his wife
and the man. It turns out that the man is an
escaped rape convict. A gets prosecuted for
parricide for the death of his wife. Will As
prosecution prosper? Explain.

A is outside a store in Manila trying to buy

some items when he is approached by B, C, D, &
E. B orders A to go with them, otherwise, they
will kill him. A is then brought to a van where
he notices a crying boy whose hands are tied.
B tells A that they kidnapped the boy for
ransom and to guard him. B drives the van
bound for Batangas. On their way, B stops at
several gas stations where his group alights to
answer the call of nature. When the group
reaches Batangas, it is intercepted by a throng
of policemen. A, B, C, D & E now get prosecuted
for kidnapping with ransom.
A claims
exemption from criminal liability asserting
that he merely acted under the impulse of an
uncontrollable fear of an equal or greater
injury. Is As claim correct? Explain.

Any of the circumstances is a matter of

defense and the same must be proved by the
defendant to the satisfaction of the court.
Technically, one who acts by virtue of any of
the exempting circumstances commits a
crime, although by the complete absence of
any of the conditions which constitute free
will or voluntariness of the act, no criminal
liability arise.
People v. Gimena - Somnanmbulism or
sleepwalking, where the acts of the
person afflicted are automatic, is
embraced in the plea of insanity & must
be clearly proven. See also People v.
Taneo, a man sleeping attacked his wife
with a bolo, is not criminally liable, it
appearing that the act was committed
while in a dream.

Period of Criminal Responsibility (under

the Code as amended by RA 9344)
Absolute irresponsibility 9 years
old and below (infancy)

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Conditional responsibility between

9 & 15 years;
Full responsibility 18 or over
(adolescence) to 70 (maturity);
Mitigated responsibility over 9 and
under 15, offender acting with
discernment; 15 or over but less than
18; over 70 years of age.

o Absolutory causes those where the act

committed is a crime but for reasons of public
policy & sentiment there is no penalty
imposed.
Instigation a public officer or a
private detective induces as innocent
person to commit a crime & would
arrest him upon or after the
commission of the crime by the latter.
It is an absolutory cause.
Entrapment a person has planned,
or is about to commit, a crime and
ways and means are resorted to by a
public officer to trap and catch the
criminal. It is NOT an absolutory
cause.

ART. 13 - MITIGATING CIRCUMSTANCES

o Midterm Question: A & B live together as
husband and wife, respectively, without the
benefit of marriage. Bs beauty is so compelling
that she would draw attention from male
specie wherever she goes. One night, A arrives
from home and sees C, a male visitor, engaged
in a serious conversation with B with their
hands clasped together. Infuriated, A boxes C
who suffers serious physical injuries as a result.
A gets prosecuted for serious physical injuries.
To mitigate his criminal liability, A contends
that he acted upon an impulse so powerful as
naturally to have produced passion or
obfuscation. Is As contention tenable?
o Ordinary Mitigating those enumerated in
the subsections 1 to 10 of Article 13.
o Privileged Mitigating Art. 68; Art. 69,
Art.64
o Circumstances
of
justification
or
exemption which may give place to
mitigation are:
Self-defense (Art. 11, par 1);
Defense of relatives (Art. 11, par 2);
Defense of stranger (Art. 11 par 3);
State of necessity (Art, 11 par 4);
Performance of Duty (Art. 11 par 5);
Obedience to order of superior (Art.
11, par 6);
Minority over 9 & under 15 years of
age (Art. 12, par 3);
Causing injury by mere accident (Art.
12 par 4); and
Uncontrollable fear. (Art 12, par 6).
o Art. 13 par. 3 of the RPC addresses itself to
the intention of the offender at the particular
moment when he executes or commits the
criminal act; not to his intention during the
planning stage.
5

People v. Galacgac In crimes against

persons who do not die as a result of the
assault, the absence of the intent to kill
reduces the felony to mere physical injuries,
but it does not constitute a mitigating
circumstance under Art 13, par 3.
People v. Pugay As part of their funmaking, the accused merely intended to set
the deceaseds clothes on fire. Burning of the
clothes of the victim would cause at the very
least some kind of physical injuries on this
person. The accused is guilty of the resulting
death of the victim but he is entitled to the
mitigating circumstance of no intention to
commit so grave a wrong as that committed.

VINDICATION v. PROVOCATION greater

leniency in the case of vindication is due
undoubtedly to the fact that it concerns the
honor of the person, an offense which is more
worthy of consideration than mere spite
against the once giving the provocation or
threat.

REQUISITES
OF
THE
MITIGATING
CIRCUMSTANCE
OF
PASSION
OR
OBFUSCATION (not planned / not
premeditated)
That there be an act, both unlawful
and sufficient to produce a condition
of mind; and
That said act which produced the
obfuscation was not far removed from
the commission of crime by a
considerable length of time, during
which the perpetrator might recover
his normal equanimity.

ART. 14 AGGRAVATING CIRCUMSTANCES

o Final Exam Question: What are the alternative
circumstances?
o A, B, C, & D, armed with bolos, about one
oclock in the morning rob a house at a
desolate place where E, his wife, and three (3)
daughters are living. While the four (4) were
in the process of ransacking Es house, D,
noticing that one (1) of Es daughters was
trying to get away, run after her and finally
catch up with her in a thicket somewhat
distant from the house. D, before bringing back
the daughter to the house, rapes her first.
Thereafter, the four (4) cart away the
belongings of E and his family. Under the facts,
what aggravating circumstances may be
appreciated against the four (4)?
o

FOUR
KINDS
OF
AGGRAVATING
CIRCUMSTANCES
GENERIC generally apply to all
crimes. (e.g. dwelling, nighttime,
recidivisim)
SPECIFIC apply only to particular
crimes (e.g. ignominy in crimes
against chastity or cruelty; treachery
in crimes against persons)

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QUALIFYING those that change the

nature of the crime (e.g. alevosia
(treachery) or evident premeditation
qualify the killing of person to
murder.
INHERENT those that must of
necessity accompany the commission
of the crime.

convicted by final judgement of another crime

embraced in the same title of the RPC.
o

o Public Authority person in authority, is a

public officer who is directly vested with
jurisdiction, a public officer who has the
power to govern and execute laws.
o Dwelling sanctuary worthy of respect
People v. Talay - The aggravating
circumstance of dwelling should be
taken into account, although the
triggerman fired the shot from
outside the house, while the victim
was inside.
US v. Lastimosa - Even if the killing
took place outside the dwelling, it is
aggravating provided that the
commission of the crime was begun in
the dwelling.
People v. Ruzol Although nocturnity
and abuse of superior strength are
ALWAYS included in the qualifying
circumstances of treachery, dwelling
CANNOT be included therein.
o Nighttime it is aggravating when it is
especially sought for or when the offender
took advantage thereof.
Nighttime need not be specially
sought for when 1) it facilitated the
commission of the offense; 2) the
offender took advantage of the same
to commit the crime.
o

Recit Question: Pano pag ginawa yung

crime while inside a movie house? During
solar eclipse? Ans: Not considered as an
aggravating circumstance. Nighttime is
already defined in the NCC as that period
of darkness beginning at the end of dusk
and ending at dawn. (Art 13, Civil Code).

Recit question: Distinguish

Recidivism
It is enough that a final
judgment
has
been
rendered in the first
offense
Requires
that
the
offenses be included in
the same title of the Code

Price, Reward, Promise for this

aggravating circumstance to be considered
against the person induced, the said
inducement
must
be
the
primary
consideration for the commission of the
crime.

Premeditation there must be evidence

showing that the accused meditated and
reflected on his intention between the time
when the crime was conceived by him and the
time it was actually perpetrated,
The premeditation must be EVIDENT.
Requisites of Evident Premeditation
1. The time when the offender
determined to commit the crime;
2. An act manifestly indicating that the
culprit has clung to his determination;
3. A sufficient lapse of time between the
determination and execution, to allow
him to reflect upon the consequences
of his act and to allow his conscience
to overcome the resolution of his will.
Sufficient time is required an
interval long enough for his
conscience and better judgment to
overcome his evil desire and
scheme (People v. Mendoza)

Craft involves intellectual trickery and

cunning on the part of the accused.

o With the aid of armed men present even if

one of the offenders merely relied on their
aid, for actual aid is not necessary.

Reiteracion
Offender
shall
have
served out his sentence
for the first offense

The
previous
&
subsequent
offenses
must NOT be embraced
in the same title of the
Code
Always to be taken into Not
always
an
consideration in fixing aggravating circumstance
the penalty to be
imposed
upon
the
accused.

o Band whenever more than three armed

malefactors shall have acted together in the
commission of an offense, it shall be deemed
to have committed by a band.
People v. Corpus - In the crime of
rape committed by four armed
persons, this circumstance was not
considered.
People v. Manolo - stone is included
in the term arms.

o Recidivist one who, at the time of trial for

one crime shall have been previously

US v. Sotelo Pardon does not obliterate the

fact that the accused was a recidivist; but
amnesty extinguished the penalty and its
effects. Therefore, pardon does not prevent a
former conviction from being considered as
an aggravating circumstance.
Four forms of repetition
1. Recidivism (Art. 14, par 9)
2. Reiteracion or habituality (Art 14, par
10)
Multi-recidivism
or
Habitual
delinquency (Art 62, par 5)
1. Quasi-recidivism (Art. 160)

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o Fraud the insidious words or machinations

used to induce the victim to act in a manner
which would enable the offender to carry out
his design.

o Disguise resorting to any device to conceal

identity
o Superior Strength to use purposely
excessive force out of proportion to the
means of defense available to person
attacked.
absorbed and inherent in treachery
o Treachery deliberate, sudden and
unexpected attack of the victim from behind,
without any warning and without giving him
an opportunity to defend himself or repel the
initial assault.
Treachery cannot be presumed.
Rules regarding treachery:
1. Applicable only to crimes against
person
2. Means, methods or forms need
not insure accomplishment of
crime
3. The mode of attack must be
consciously adopted
Requisites of treachery:
1. That at the time of the attack, the
victim was not in a position to
defend himself;
2. That the offender consciously
adopted the particular means,
method or form of attack
employed by him.

ART. 15 ALTERNATE CIRCUMSTANCES

o Relationship

spouse;
ascendant;
descendant; legitimate, natural, or adopted
brother or sister; or relative by affinity in the
same degree of the offender
o Intoxication even if intoxication is not
habitual, it is aggravating when subsequent to
the plan to commit the crime
o Degree of Instruction and education of the
offender
Study
when these
alternative
circumstances
mitigating,
when
aggravating

Final Exam Question: What are the alternative

circumstances? When shall they be considered as
declared under the same Article?
o A manages to graduate from grade school
because of his parents' power & influence. A
commits homicide. After undergoing mental
exam, A was diagnosed as possessing such
intelligence that he does not fully realize the
consequences of his criminal act. May A
successfully invoke lack of instruction to
mitigate his criminal liability.

ART. 16 PERSONS CRIMINALLY LIABLE

o Final Exam Question: After their duty, Security
Guards A, B, C & D pass by a videoke bar.
Thereafter, they leave the place together. On
their way, they meet E, a long time mortal
enemy of Security Guard A. Seeing E, Security
Guard A immediately draws his gun and shoots
E who falls to the ground almost lifeless.
Security Guards B, C, and D also draw their gun
and pumped a bullet each on the body of E
after which, they all leave the incident scene.
Security Guard A, B, C, and D now get
prosecuted for the crime of homicide as
principals based on the allegation of
conspiracy. Will their prosecution prosper.
o

Criminally liable for grave and less grave

felonies:
1. Principals
2. Accomplices
3. Accessories

Criminally liable for light felonies

1. Principals
2. Accomplices

ART. 17 PRINCIPALS
o Principals by direct participation - Those
who take a direct part in the execution of the
act.
Requisites
1. That they participated in the criminal
resolution;
2. That they carried out their plan and
personally took part in its execution by
acts which directly tended to the same
end.
o

Principals by induction - Those who directly

force or induce others to commit it
Two ways of becoming a principal by
induction
1. By directly forcing another to commit a
crime;
2. By directly inducing another to commit a
crime.

Principals by indispensable cooperation

Those who cooperate in the commission of
the offense by another act without which it
would not have been accomplished
1. Participation in the criminal resolution,
that is, there is either anterior conspiracy
or unity of criminal purpose and intention
immediately before the commission of the
crime charged;
2. Cooperation in the commission of the
offense by performing another act,
without which it would not have been
accomplished

Midterm / Final Exam Question: For a

handsome fee, A induces B to kill C. At the date
& time specified for the killing, B gets sick.
Fearing that A might get back the money, B

KEIJ EJERCITO NOTES | SAN BEDA COLLEGE OF LAW: CRIMINAL LAW - JUSTICE AMPARO CABOTAJE-TANG

hires C to do the killing. Who are criminally

liable for the death of C?
Answer: According to Justice Tang, A is NOT
criminally liable. Inducement must be DIRECT.
o A, B & C are in a beach resort for a weekend
vacay. The 3 saw a very beautiful young lady,
D, walking along the shore. They followed the
lady and at knife point, they succeeded in
bringing her to a deserted place where several
boats are docketed. They hire E as boatman to
bring them to a nearby island. There A, B, & C
ravish the lady. A, B & C get prosecuted for
rape as principals by direct participation & E
as principal by indispensable cooperation. Is
E's prosecution proper? Explain.

ART. 18 ACCOMPLICES
o Final Exam Question: Who are accomplices
and accessories?
o A, B, and C are in As house where they conspire
to rob the store of D, a wealthy Chinese
businessman. Along the way, the three (3)
meet E, their common friend, whom they invite
to join them. E obliges. They then proceed to
Ds store. A, B, & C destroy the stores lock to
gain entry therein while E remains outside. A,
B and C cart away all the valuable items they
could get. Does E incur any criminal liability
under the obtaining facts? If so, what is the
degree of participation? Explain.
o Accomplices are the persons who, not being
included in Article 17, cooperate in the
execution of the offense by previous or
simultaneous acts.
o When the participation of an accused is not
disclosed, he is only an accomplice.

Conspirators
Know
the
criminal
intention because they
themselves have decided
upon such course of
action

Accomplices
Come to know about it
after the principals have
reached the decision, and
only then do they agree
to cooperate in the
execution
Decide that a crime Merely assent to the plan
should be committed
and cooperate in its
accomplishment
Authors of a crime
Merely instruments who
perform
acts
not
essential
to
the
perpetration
of
the
offense

ART. 19 ACCESSORIES
o Those who, having knowledge of the
commission of the crime, and without having
participated therein, either as principals or
accomplices, take part subsequent to its
commission in any of the following manners:
By profiting themselves or assisting the
offender to profit by the effects of the
crime;

By concealing or destroying the body if

the crime or the effects or instruments
thereof, in order to prevent its discovery;

ART. 20 ACCESSORIES WHO ARE EXEMPT

FROM CRIMINAL LIABILITY
o An accessory is exempt from criminal
liability, when the principal is his
Spouse, or ascendant, or descendant,
or, legitimate, natural or adopted
brother, sister or relative by affinity
within the same degree.
PENALTY the suffering that is inflicted by the State
for the transgression of a law.
RA 9364 enacted on June 24, 2006 prohibited the
imposition of the death penalty.
o It was given a retroactive effect.
o People v. Quiachon Penal laws shall have
retroactive effect insofar as they favour the
persons guilty of a felony, who is not habitual
criminal.. although at the time of the
publication of such laws, a final sentence has
been pronounced and convict is serving the
same.

ART. 23 EFFECT OF PARDON pardon by the

offended party does not extinguish criminal
action, except as provided in Art 344, but civil
liability with regard to the interest of the injured
party is extinguished by his express waiver.
o Compromise does not extinguish criminal
liability
o Art 344 the offended party in the crimes of
adultery and concubinage cannot institute
criminal prosecution, if he shall have
consented or pardoned the offenders.
o the pardon may be IMPLIED as continued
inaction of the offended party after learning
the offense.
o People v. Infante it requires that both
offenders must be pardoned by the offended
party.
o In the crimes of seduction, abduction, rape or
acts of lasciviousness, there shall be no
criminal prosecution if the offender has been
expressly pardoned by the offended party or
her parents, grandparents, or guardian, as the
case may be. The pardon here must be
EXPRESS.
o Pardon under Art 344 must be made before
institution of criminal action.

NOTE: Republic Act No. 8353, known as the AntiRape Law of 1997, expanded the definition of the
crime of rape and re-classified it as a crime against
persons. Previously, it was classified as a crime
against chastity, and belonged to the group of crimes
that include adultery, concubinage, acts of
lasciviousness, seduction, corruption of minors and
white slave trade. As a crime against persons, the law
no longer considers it as a private crime. Anyone who
has knowledge of the crime may file a case on the
victim's behalf. Prosecution continues even if the
victim drops the case or pardons the offender.

KEIJ EJERCITO NOTES | SAN BEDA COLLEGE OF LAW: CRIMINAL LAW - JUSTICE AMPARO CABOTAJE-TANG

guilty of any of said crimes a third time or

oftener.

ART. 48 - PENALTY FOR COMPLEX CRIMES

o Final Exam Question: What is a complex crime?
How is it different from a special complex
crime?
o Penalty for Complex Crimes - When a single
act constitutes two or more grave or less
grave felonies, or when an offense is a
necessary means for committing the other,
the penalty for the most serious crime shall
be imposed, the same to be applied in its
maximum period. (As amended by Act No.
4000)
o People v. Hernandez - In a complex crime,
although two or more crimes are actually
committed, they constitute only one crime in
the eyes of the law as well as in the
conscience of the offender. The offender has
only one criminal intent.

Offenses
Estafa
Robbery
Theft
Falsification
Serious Physical Injuries
Less Physical Injuries

CONTINUED CRIME
o A continued (continuous or continuing) crime
is a single crime consisting of a series of acts
but all arising from one criminal resolution.
o A continued crime is NOT a complex crime.
HABITUAL DELINQUENT
o Final Question: Who is a habitual delinquent?
o A person is a habitual delinquent if within
a period of ten years from the date of his
last release or last conviction of the
crimes of (1) serious or less serious
physica injuries, (2) robo, (3) hurto, (4)
estafa, or (5) falsification, he is found
9

Date of Conviction
October 1990
December 1990
March 2000
December 2000
December 5, 2001
December 8, 2001

THREE FOLD RULE

o Final Exam Question: What is the three-fold rule
present in Article 70 of RPC? Give an example.
o

Special Complex Crime component

crimes constituting a single indivisible
offense, and are penalized under one
article of the RPC

PLURALITY OF CRIMES
o Consists in the successive execution by the
same individual of different criminal acts
upon any of which no conviction has yet been
declared.
o In recidivism, there must be conviction by
final judgement of the first or prior offense; in
plurality of crimes, there is no conviction of
any of the crimes committed.

Date of Commission
January 1989
August 1990
January 1999
February 2000
November 2, 2001
November 2, 2001

Is he a habitual delinquent or not? Explain.

o TWO KINDS OF COMPLEX CRIMES

Compound Crime When a single act
constitutes two or more grave or less
grave felonies
Complex Crime Proper - When an offense
is a necessary means for committing the
other

o Final Exam Question: A, armed with a gun,

goes to the house of B upon learning that B
physically abused his (A's) mom. When he
reaches B's house, A pulls the trigger in rapid
succession. All the bullets hit B and three other
members of B's family who were standing in
the same line of direction of the bullets. Did A
commit a complex crime? Explain.

Final Exam Question: The accused has the

following criminal record:

o
o

According to the three-fold rule, the maximum

duration of the convicts sentence shall not be
more than three times the length of time
corresponding to the most severe of the penalties
imposed upon him.
Example: A person is sentenced to suffer 14
years, 8 months and 1 day for homicide; 17
years, 4 months and 1 day in another case; 14
years and 8 months in the third case; and in a
case of frustrated homicide, he is sentenced
to 12 years, or a total of 59 years, 8 months
and 2 days. The most severe of those
penalties is 17 years, 4 months and 1 day.
Three times that penalty is 52 years and 3
days. But since the law has limited the
duration of the maximum term of
imprisonment to not more than 40 years, the
accused will have to suffer 40 years only.
The three fold rule applies only when the total of
all the penalties imposed exceeds the most severe
multiplied by 3.
Torres v. Superintendent - The three fold rule
applies although the penalties were imposed for
different crimes, at different times, and under
separate informations.

ACT NO. 4103 AS AMENDED BY ACT NO. 4225:

INDETERMINATE SENTENCE LAW
o

Final Exam Question: A, B, C commit a crime of

homicide which is punished by reclusion
temporal. A was a principal, B accomplice, & C
accessory.
a) Assuming that there are no mitigating or
aggravating circumstances present, what is the
proper indeterminate penalty for each of
them?
b) Assume 2 mitigating in their favor without
aggravating?
c) 1 ordinary aggravating & 1 privilege
mitigating obtained in favor of A, what should
be his indeterminate penalty?

PROBATION LAW
o Final Exam Question: What is probation and
who are the offenders disqualified from being
placed on probation?

KEIJ EJERCITO NOTES | SAN BEDA COLLEGE OF LAW: CRIMINAL LAW - JUSTICE AMPARO CABOTAJE-TANG

PROBATION is a disposition under which a

defendant, after conviction and sentence, is released
subject to conditions imposed by the court and to the
supervision of a probation officer.
Offenders disqualified from being placed on
probation
1. Those sentenced to serve a maximum term of
imprisonment of more than six years;
2. Those convicted of subversion or any crime
against the national security or public officer;
3. Those who were previously convicted by final
judgment of an offense punished by
imprisonment of not less than one month and
one day and/or a fine of not more than two
hundred pesos;
4. Those who have been once on probation
under the provisions of the Decree;
5. Those who are already serving sentence at
the time the substantive provisions of the
Decree became applicable pursuant to Sec 33
thereof.
Probation shall be denied if the court finds that:
1. the offender is in need of correctional
treatment that can be provided most
effectively by his commitment to an
institution; or
2. there is an undue risk that during the period
of probation, the offender will commit
another crime; or
3. probation will depreciate the seriousness of
the offense committed.
EXTINCTION OF CRIMINAL LIABILITY
o Final Exam Question: How is criminal liability
totally extinguished?
o Art 89: Criminal liability is totally
extinguished when:
1. By death of the convict, as to the personal
penalties; and as to pecuniary penalties,
liability therefor is extinguished only
when the death of the offender occurs
before final judgement;
2. By service of the sentence;
3. By amnesty, which completely
extinguished the penalty and all its
effects;
4. By absolute pardon;
5. By prescription of the crime;
6. By prescription of the penalty;
7. By marriage of the offended woman, as
provided in Art 344 of this Code.
o Personal Penalties the prison term that the
convict is about to undergo
o Pecuniary Penalties Art. 38. In case the
property of the offender should not be
sufficient for the payment of all his pecuniary
liabilities, the same shall be met in the
following order:
1. The reparation of the damage caused;
2. The indemnification of the consequential
damages;
3. The fine.
4. The costs of the proceedings.
10

FINAL JUDGMENT - Judgment beyond recall

DEATH OF THE CONVICT
o The death of the convict whether before or
after final judgment, extinguishes criminal
liability, because one of the juridical
conditions of penalty is that it is personal.
CIVIL LIABILITY IS EXTINGUISHED ONLY WHEN
DEATH OCCURS BEFORE FINAL JUDGMENT
o The death of the convict also extinguishes
pecuniary penalties only when the death of
the offender occurs before final judgment.
o Hence, if the offender dies after final
judgment, the pecuniary penalties are not
extinguished.
EFFECT OF DEATH OF THE ACCUSED PENDING
APPEAL ON HIS CRIMINAL AND CIVIL LIABILITY
o General Rule: Death of the accused pending
appeal of his conviction extinguishes his
criminal liability based solely on the offense
committed
o Exception: The claim of civil liability survives
notwithstanding the death of accused, if the
same may also be predicated on a source of
obligation other than delict, such as law,
contracts, quasi-contracts and quasi-delicts.
(People v. Bayotas)
PARDON
o It is an act of grace proceeding from the
power entrusted with the execution of the
laws which exempts the individual on whom
it is bestowed from the punishment the law
inflicts for the crime he has committed.
o Kinds of Pardon
Absolute Pardon
Conditional Pardon
Recit Question: Distinguish Amnesty and Pardon
Barrioquinto v. Fernandez
Amnesty
Pardon
It is a blanket pardon to Includes any crime and is
classes of persons or exercised individually by
communities who may be the President
guilty
of
political
offenses.
May be exercised even Exercised when the
before
trial
or person
is
already
investigation is had
convicted
Looks backward and Looks
forward
and
abolishes and puts into relieves the offender
oblivion the offense itself from the consequences of
an offense of which he
has been convicted;
abolishes and forgives
the punishment
Makes an ex-convict no Does not alter the fact
longer
a
recidivist, that the accused is a
because it obliterates the recidivist, because it
last vestige of the crime
produces the extinction
only of the personal
effects of the penalty
Being a Proclamation of Private act of the

KEIJ EJERCITO NOTES | SAN BEDA COLLEGE OF LAW: CRIMINAL LAW - JUSTICE AMPARO CABOTAJE-TANG

the Chief Executive with

the concurrence of the
Congress is a public act of
which the courts should
take judicial notice.
Both do not extinguish
offencder (Art. 113)

President;
must
be
pleaded and proved by
the person pardoned
the civil liability of the

Conditional Pardon delivered and accepted

is considered a contract between the
sovereign power of the executive and the
convict that the former will release the latter
upon compliance with the condition.

Commutation of sentence is a change of

decision of the court made by the Chief
Executive by reducing the degree of the
penalty inflicted upon the convict, or by
decreasing the length of the imprisonment or
the amount of time.
Specific cases where commutation is
provided for by the Code:
- When the convict sentenced to death is
over 70 years of age (Art. 83)
- When eight justices of the SC fail to reach
a decision for the affirmance of the death
penalty.

Allowances for good conduct are deductions

from the term of the sentence for good
behaviour. (Art 97)

Parole consists in the suspension of the

sentence of a convict after serving the
minimum tern of the indeterminate penalty,
without granting a pardon, prescribing the
terms upon which the sentence shall be
suspended.
The mere commission, not conviction by
the court, of any crime is sufficient to
warrant
parolees
arrest
and
reincarceration.

BY PRESCRIPTION OF CRIME & BY PRESCRIPTION

OF PENALTY
o Prescription of the crime is the forfeiture or
loss of the right of the State to prosecute the
offender after the lapse of a certain time.
o Prescription of the penalty is the loss or
forfeiture of the right of the Government to
execute the final sentence after the lapse of a
certain time.

ART. 90 PRESCRIPTION OF CRIMES

o Final Exam Question: How is the period of
prescription of offenses computed?
Crimes punishable by death, reclusion
perpetua or reclusion temporal shall
prescribe in twenty (20) years
Afflictive penalties fifteen (15) years
Correctional penalty ten 10 years; with
the exception of those punishable by
arresto mayor, which prescribes in five
(5) years;
Libel and other similar offenses one (1)
year;
Oral defamation and slander by deed six
(6) months;
Light offenses two (2) months
o In computing the period of prescription, the
first day is to be excluded and the last day
included.
o If the contract is void ab initio, there is NO
prescription.

ART. 91 COMPUTATION OF PRESCRIPTION

OF OFFENSES
o Commences to run from the day on which the
crime is discovered by the offended party, the
authorities or their agents.
o It is interrupted by the filing of the complaint
or information.
o It commences to run again when such
proceedings terminate without the accused
being convicted or acquitted or are
unjustifiably stopped for any reason
imputable to him.
o The term of prescription shall not run when
the offender is absent from the Philippines.

ART. 94 PARTIAL EXTINCTION OF CRIMINAL

LIABILITY
o Final Exam Question How is criminal liability
partially extinguished?
1. By conditional pardon;
2. By commutation of the sentence;
3. For good conduct allowances which the
culprit may earn while he is serving his
sentence
4. Parole (under Indeterminate Sentence Law)
11

CIVIL LIABILITY
o Final Exam Question: What does the civil
liability arising from the commission of a crime
include?

ART. 100 CIVIL LIABILITY OF A PERSON

GUILTY OF FELONY
o Every person criminally liable for a felony is
also civilly liable.
o Civil liability under the RPC includes (1)
restitution; (2) reparation of the damage
caused; and (3) indemnification for
consequential damages. (Art. 104, RPC)
o The extinction of the penal action does not
carry with it extinction of the civil. However,
the civil action based on delict shall be
deemed extinguished if there is a finding in a
final judgment in the criminal action that the
act or omission from which the civil liability
may arise did not exist. (Sec. 2, par 4, Rule III,
Revised Rules of Criminal Procedure)
o Institution of criminal and civil actions (a)
when a criminal action is instituted, the civil
action for the recovery of civil liability arising
from the offense charged shall be deemed
instituted with the criminal action unless the
offended party waives the civil action,
reserves the right to institute it separately, or
institutes the civil action prior to the criminal
action.

KEIJ EJERCITO NOTES | SAN BEDA COLLEGE OF LAW: CRIMINAL LAW - JUSTICE AMPARO CABOTAJE-TANG

CRIMINAL LAW 2
(Pointers from Kent Limpot)
READ AND STUDY
o Treason, rebellion, sedition, piracy, qualified
piracy, death under exceptional circumstances,
rape,
anti-plunder
law,
Estrada
vs.
Sandiganbayan
(Sa estrada vs sandigan tanong nya jan voidfor-vagueness doctrine) direct assault, indirect
assault, bribery.
May view siya about can rebellion be
committed through rape? Pweds daw.
o Sedition, persons in authority, agents of persons
in authority, commission of another crime during
service of penalty imposed for another previous
offense, falsification by public officer, employee;
or notary or ecclesiastical minister
(Note: intent to gain is not required because
what is punished here is the violation of
public faith and the destruction of the truth as
therein solemnly proclaimed), false testimony
in other cases and perjury in solemn
affirmation, knowingly rendering unjust
judgment
(Justice Tang: This does not apply to
collegiate courts such as SC, CA, and
Sandiganbayan)
o Malversation
Does the presumption of malversation in Art.
217 violate the constitutional right of
presumption of innocence?
o Art. 294. Robbery with violence against or
intimidation of persons. Justice Tang: "by reason"
because "on occasion" - during/in the course of
Determine intention of the offender
- to rob
- to kill
o

Who are brigands (Justice Tang: mere formation

consummates the crime)

Theft (may kaso po sa theft kung kailan

nakoconsummate, pag naitakas na ba or pag
nakuha na mismo)

Adultery, concubinage, qualified seduction, acts

of lasciviousness with the consent of the offended
party (JT: A male cannot be an offended party in
this crime)

Difference between Forcible Abduction and

Kidnapping)
FA: lewd design
K: No lewd design
FA: Crime against chastity
K: Crime against personal liberty and security

Master Art. 315 (estafa)

Difference between Art. 315 and Bouncing

Checks Law. In BP Blg. 22, there is presumption
of knowledge of insufficiency of funds

Art. 326-A. In cases where death resulted as a

consequence of arson.
12

o
o

Justice Tang: Death is merely treated as an

aggravating circumstance. There is no special
complex crime of arson with homicide.

Art. 365, imprudence and negligence (see Ivler

case)
May tinali raw sa puno sa gubat tapos iniwan mo
dun, what is the crime committed?

SAMPLE FINAL EXAM

1. A Filipina doctor went to Vietnam for a vacation.
There, she contracted marriage with a
Vietnamese Army Officer. She
also sought for
and was granted with dual citizenship. War broke
out between Vietnam and the Philippines. During
the war, she treated the injuries of the wounded
members of Vietnamese Army. Is she liable for
treason?
2. A vessel was sailing from the Philippines to Japan.
During its trip, A seized the belongings of other
passengers within the ship. Is A liable for any
crime? What crime and under what law?
3. While the Congress was in session, X disrupted
the meeting of one its committees by attacking
one of its members. An
information charging
X of sedition was filed. Will the action prosper?
4. Distinguish rebellion from sedition.
5. Distinguish rebellion from treason.
6. Distinguish rebellion from coup detat.
7. X had knowledge that a group of Filipinos in
Hongkong were conspiring to overthrow the
Government. After 3 days of
acquiring such
knowledge, he reported such knowledge to the
proper authorities. On the same day, the group
took arms against the government. Is he liable
for misprision of treason?
8.

X, a police officer, was informed by his informant,

that Y is carrying shabu. Upon arrival of Y on the
pier after boarding a ship, the informant pointed
to X the identity of Y. X then approached Y and
conducted a search, which was made without
warrant. X found a shabu. Y then filed a case for
arbitrary detention. Is X liable for arbitrary
detention? What are the rights of a detained
person?

9. Is there a complex crime of rebellion with

murder? How about with rape and arson?
10. In a municipality, the Mayor did not agree to the
demands of the rebels who were occupying the
municipal hall. As a consequence, the rebels
kidnapped the daughter of the mayor and raped
her. What crime was committed by the rebels?
11. Who are persons in authority?

KEIJ EJERCITO NOTES | SAN BEDA COLLEGE OF LAW: CRIMINAL LAW - JUSTICE AMPARO CABOTAJE-TANG