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UP
L
AW
BAR REVIEWER
2012
CRIMINAL
Criminal Law 1
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CRIMINAL LAW TEAM 2012
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Criminal Law 1
Criminal Law 1
Criminal Law 2
I.
II.
III.
IV.
V.
VI.
CRIMINAL LAW
Fundamental Principles of Criminal
Law
Felonies
Circumstances
which
affect
criminal liability
Persons criminally liable/Degree of
participation
Penalties
Modification and extinction of
criminal
of crime
ment is taken
into account
for the
punishment.
As to mitigating
and aggravating
circumstances
They are
taken into
account in
imposing
penalty
When there is
more than
one offender,
the degree of
participation
of each in the
commission is
taken into
account.
As to degree of
participation
As to stage of
accomplishment
CHAPTER I. FUNDAMENTAL
PRINCIPLES OF CRIMINAL LAW
A. DEFINITION OF CRIMINAL LAW
B. SCOPE OF APPLICATION AND
CHARACTERISTICS
C. CONSTITUTIONAL LIMITATIONS
As to what laws
are violated
As to WON
criminal intent
is an element
As to degree of
accomplishment
Mala in Se
Wrong from
its very
nature.
GF a valid
defense,
unless the
crime is the
result of
culpa
Criminal
intent is an
element.
Degree of
accomplish
Mala Prohibita
Wrong because
it is prohibited
by law
GF is not a
defense.
Criminal intent
is immaterial,
BUT still
requires
intelligence &
voluntariness
0. The
Penalty is
computed on
the basis of
whether he is
a principal
offender or
merely an
accomplice or
accessory
Generally,
the RPC.
act
gives
rise
to a
crime
only
when
consu
mmat
ed.
They are not
taken into
account.
Degree of
participation is
generally not
taken into
account. All
who
participated in
the act are
punished to the
same extent.
Penalty on
offenders is
same whether
they acted as
mere
accomplices or
accessories
Generally,
special laws.
Note:
Prospective
application.
Exception:
favorable
accused.
in
If it is
to
the
Retroactive in
application.
Exception
To
The
Exception:
1. When the accused is a
habitual delinquent.
(Art. 22)
2. Where the new law
expressly
made
inapplicable
to
pending actions or
existing causes of
actions. (Tavera v.
Valdez)
Statutory; it is passed by
the Legislature.
May be promulgated by
the
Legislature
(e.g.
jurisdiction of courts) or
the Judiciary (e.g. Rules
of Court)
b.
The Revised Penal Code (Act No. 3815) Created pursuant to Administrative Order
No. 94; enacted January 1, 1932; based on
the Spanish Penal Code, US Penal Code, and
Phil. Supreme Court decisions.
Special penal laws and penal Presidential
Decrees issued during Martial Law.
PENAL LEGISLATION
a.
(4) Eclectic/Mixed
Combines both positivist and classical thinking.
supplement
the
Exceptions:
(1) Where the special law provides otherwise
(Art.10)
(2) When the provisions of the Code are impossible
of application, either by express provision or by
necessary implication, as in those instances
where the provisions in question are peculiar to
the Code. (Regalado, Criminal Law Prospectus)
Ladonga v People (2005):
Spouses Ladonga were convicted by the RTC for
15
16
1. Generality
General Rule:
Art. 14, NCC. The penal law of the country is
binding on all persons who live or sojourn in
Philippine territory, subject to the principles of
public international law and to treaty stipulations.
Limitations:
Art. 2, RPC. Except as provided in the treaties or
laws of preferential application xxx
a. Treaty Stipulations
Examples:
So Presidential Decree No. 533, punishing cattlerustling, is not a special law, but a law amending
provisions of the RPC (Arts. 309 and 310).
It can absorb the crime of murder. If in the
course of cattle rustling, murder was committed,
the offender cannot be prosecuted for murder.
1. GENERALITY (WHO?)
2. TERRITORIALITY (WHERE?)
3. PROSPECTIVITY (WHEN?)
(1) treason;
(2) sabotage, espionage or violation of any law
relating to national defense.
2. Territoriality
GENERAL RULE: Penal laws of the country have
force and effect only within its territory.
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18
EXCEPTIONS
(1) Extraterritorial crimes, which are punishable
even if committed outside the Philippine
territory (Art. 2, RPC) (ASKED 4 TIMES IN BAR
EXAMS)
ii.
i.
coin,
and
vi.
vii.
viii.
3. Prospectivity
GENERAL RULE: Acts or omissions will only be
subject to a penal law if they are committed AFTER
a penal law has taken effect.
Conversely, acts or omissions which have been
committed before the effectivity of a penal law
could not be penalized by such penal law.
EXCEPTION:
Art. 22 RPC. Penal laws shall have a retroactive
effect, insofar as they favor the person guilty of a
felony who is not a habitual criminal, as this term is
defined in Rule 5 of Article 62 of this Code, although
at the time of the publication of such laws a final
sentence has been pronounced and the convict is
serving the same.
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20
Rationale
for
the
prospectivity
rule:
the
punishability of an act must be reasonably known for
the guidance of society [citing Peo v. Jabinal].
[NOTE: The SC outline does not include the next
two characteristics.]
4. Legality
(nullum
poena sine lege)
crimen
nulla
C. Constitutional limitations on
the power of Congress to enact
penal laws in the Bill of Rights
(i) Equal protection
(ii) Due process
(iii)Non-imposition of cruel and unusual
punishment or excessive fines
(iv) Bill of attainder
(v) Ex post facto law
1. Equal protection
Article III, Section 1, 1987 Const. No person shall
be deprived of life, liberty, or property without due
process of law, nor shall any person be denied the
equal protection of the laws.
2. Due process
Art. III, Sec. 14 (1), 1987 Const. No person shall be
held to answer for a criminal offense without due
process of law.
3. Non-imposition
of cruel and
unusual punishment or excessive
fines
4. Bill of attainder
Art III, Sec. 22, 1987 Const. No ex post facto law or
bill of attainder shall be enacted.
Bill of attainder - a legislative act that inflicts
punishment without trial, its essence being the
substitution of legislative fiat for a judicial
determination of guilt.
21
A. PRELIMINARY MATTERS
B. CLASSIFICATION OF FELONIES
C. ELEMENTS OF CRIMINAL LIABILITY
D. IMPOSSIBLE CRIME
E. STAGES OF EXECUTION
F. CONSPIRACY AND PROPOSAL
G MULTIPLE OFFENDERS
H. COMPLEX CRIME AND SPECIAL COMPLEX
CRIMES
A. Preliminary matters
Culpable
Not malicious.
Injury
caused
is
unintentional, being just
an incident of another act
performed
without
malice.
Wrongful act results from
imprudence, negligence,
lack of foresight, or lack
of skill.
3. Discussion of Article 5
Art. 5 RPC. Duty of the court in connection with
acts which should be repressed but which are not
covered by the law, and in cases of excessive
penalties.
1) Whenever a court has knowledge of any act
which it may deem proper to repress and which
is not punishable by law,
2) it shall render the proper decision, and shall
report to the Chief Executive, through the
Department of Justice, the reasons which induce
the court to believe that said act should be
made the subject of legislation.
3) In the same way, the court shall submit to the
Chief Executive, through the Department of
Justice, such statement as may be deemed
proper, without suspending the execution of the
sentence,
4) when a strict enforcement of the provisions of
this Code would result in the imposition of a
clearly
excessive
penalty,
taking
into
consideration the degree of malice and the
injury caused by the offense.
Art. 5 covers two situations:
a. Where the court cannot convict the accused
because the act he committed is not punishable
under the law, but the court deems it proper to
repress such act.
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24
Illustrations:
A, B, C, D, and E were driving their vehicles along
Ortigas Ave. As car was ahead, followed by those of
B, C, D, and E.
5. Omission
It is inaction, the failure to perform a positive duty
which a person is bound to do.
There must be a law requiring the doing or
performing of an act.
Punishable omissions in the RPC:
(1) Art. 116: Misprision of treason.
(2) Art. 137: Disloyalty of public officers or
employees.
(3) Art. 208: Negligence and tolerance in
prosecution of offenses.
(4) Art. 223: Conniving with or consenting to
evasion.
(5) Art. 275: Abandonment of person in danger and
abandonment of ones own victim.
(6) Art. 276: Abandoning a minor.
B. Classifications of Felonies
FELONIES ARE CLASSIFIED AS FOLLOWS:
1. According to the manner of their commission
2. According to the stages of their execution
(ASKED 9 TIMES IN BAR EXAMS)
3. According to their gravity
OTHER CLASSIFICATIONS:
4. As to count
5. As to nature
This question was asked in the bar examination: How
do you classify felonies and how are felonies
defined?
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26
4. As to Count
Plurality of crimes may be in the form of:
a. Compound Crime,
b. Complex crime; and
c. Composite crime.
5. As to Nature
(ASKED 4 TIMES IN BAR EXAMS)
a.
b.
Mala in se
Mala prohibita
Intentional Felonies
The act or omission is performed or incurred with
deliberate intent (with malice) to cause an injury to
another.
Requisites
i. Freedom
Voluntariness on the part of the person who commits
the act or omission.
If there is lack of freedom, the offender is exempt
from liability (i.e., presence of irresistible force or
uncontrollable fear)
ii.
Intelligence
Criminal intent
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28
DISCERNMENT
The
mental
capacity to tell
right
from
wrong.
MOTIVE
It is the moving
power
which
impels one to
do an act (ex.
vengeance).
Integral to the
element
of
intelligence,
NOT intent.
Generally, it is
not an essential
element of a
crime, hence, it
need not be
proved
for
purposes
of
conviction
(except
in
certain
cases
enumerated
below)
Existence
presumed.
is
not
ii.
iii.
iv.
v.
Illustration:
Ernie, without any provocation, stabbed Bert.
vi.
The very act of stabbing is the quantum of proof
needed to establish the fact that Ernie intended to
do something wrong. This is the GENERAL CRIMINAL
INTENT.
However, Ernie can be liable for more than one
crime; thus, prosecution must establish Ernies
SPECIFIC INTENT in order to determine whether he
planned to kill Bert or merely to inflict a whole lot
of pain.
Ernie can overturn the presumption of general
criminal intent by proving that he was justified
(infra), entitled to any exempting circumstances
Illustration:
Ernie came home and found his wife in a pleasant
conversation with Bert, former suitor. Thereupon, he
went to the kitchen, opened a drawer and pulled out
a knife. He then stabbed Bert.
The moving force is jealousy.
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12
14
Requisites:
(a) That the act done would have been lawful had
the facts been as the accused believed them to
be;
(b) That the intention of the accused in performing
the act should be lawful;
(c) That the mistake must be without fault or
carelessness on the part of the accused. When
the accused is negligent, mistake of fact is not a
defense.16
US v. Ah Chong (1910):
A cook who stabs his roommate in the dark, honestly
mistaking the latter to be a robber responsible for a
series of break-ins in the area, and after crying out
sufficient warnings and believing himself to be under
attack, cannot be held criminally liable for
homicide.
1)
15
2)
3)
16
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30
Act of Dolo
Act of Culpa
OR
FELONY
INTENTIONAL
OR
Act of Culpa
CRIMINAL
NEGLIGENCE
(ART 365)
Requisites:
FELONIES
(a) Freedom
(b) Intelligence
(c) Negligence, reckless imprudence,
foresight or lack of skill;
Held:
The second case must be dismissed.
of
D. Impossible Crimes
Purpose of punishing impossible crimes: To suppress
criminal propensity or criminal tendencies.
Objectively, the offender has not committed a
felony, but subjectively, he is a criminal.
Requisites:
(1) That the act performed 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.
17
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32
(c)
(d)
(e)
(f)
E. Stages of Execution
Classification Under Art. 6
a. Consummated Felony
When all the elements necessary for its execution
and accomplishment are present; the felony is
produced.
b. Frustrated Felony
When the offender performs all the acts of execution
which would produce the felony as a consequence
but which, nevertheless, do not produce it by reason
of causes independent of the will of the perpetrator.
c. Attempted Felony
When the offender commences the commission of a
felony directly by overt acts, and does not perform
all the acts of execution which should produce the
felony by reason of some cause or accident other
than his own spontaneous desistance.
Development of a Crime
ELEMENTS OF CRIMINAL
LIABILITY
Actus Reus
Mens Rea
Concurrence
Result
Causation
IMPOSSIBLE CRIME
Lacking due to:
i. inherent
impossibility
ii. employment
of
inadequate means
a. Overt act
A commission of the felony is deemed commenced
when the following are present:
(1) There are external acts.
(2) Such external acts have a direct connection with
the crime intended to be committed.
Overt act: Some physical activity or deed (but not
necessarily physical, depending on the nature of the
felony) indicating the intention to commit a
particular crime, more than a mere planning or
preparation, which if carried to its complete
termination following its natural course, without
being frustrated by external obstacles nor by the
voluntary desistance of the perpetrator, will
logically and necessarily ripen into a concrete
offense.
Rait v. People (2008):
The Court found that the petitioners acts of
successfully removing victims clothing and inserting
ATTEMPTED
Intervention
other
than own desistance;
some but not all acts
of execution
FRUSTRATED
CONSUMMATED
Development of a crime
(1) Internal acts
Acts Performed
Why
a.
Attempted Stage
Elements:
(1) The offender commences the commission of the
felony directly by overt acts;
(2) He does not perform all the acts of execution
which should produce the felony;
(3) The non-performance of all acts of execution
was due to cause or accident other than his own
spontaneous desistance.
Marks the commencement of the subjective phase:
Subjective phase - That portion of the acts
constituting a crime, starting from the point where
the offender begins the commission of the crime to
that point where he still has control over his acts
including their (acts) natural course
If between those two points, the offender is stopped
by reason of any cause outside of his own voluntary
desistance, the subjective phase has not been
passed and it is merely an attempt.
Illustration: The subjective phase for Ernie was from
the moment he swung his arm to stab Bert up until
he finished his stroke. This is the interim where he
still has control of his actions.
Desistance is an absolutory cause which negates
criminal liability because the law encourages a
person to desist from committing a crime.
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b.
Frustrated Stage
Elements
(1) The offender performs all the acts of execution;
(2) All the acts performed would produce the felony
as a consequence;
(3) But the felony is not produced;
(4) By reason of causes independent of the will of
the perpetrator.
The end of the subjective phase and the beginning of
the objective phase.
Objective phase the result of the acts of
execution, that is, the accomplishment of the crime.
If the subjective and objective phases have been
passed there is a consummated felony.
People v. Listerio (2000):
Brothers Jeonito and Marlon were walking when they
met a group composed of men who blocked their
path and attacked them with lead pipes and bladed
weapons. One stabbed Jeonito from behind.
Jeonitos brother, Marlon, was hit on the head.
Held:
1) The SC held that the crime is a frustrated felony
not an attempted offense considering that after
being stabbed and clubbed twice in the head as
a result of which he lost consciousness and fell.
Marlon's attackers apparently thought he was
already dead and fled.
2) A crime cannot be held to be attempted unless
the offender, after beginning the commission of
the crime by overt acts, is prevented, against
his will, by some outside cause from performing
all of the acts which should produce the crime.
3) In other words, to be an attempted crime, the
purpose of the offender must be thwarted by a
foreign force or agency which intervenes and
compels him to stop prior to the moment when
he has performed all of the acts which should
produce the crime as a consequence, which acts
it is his intention to perform.
4) If he has performed all the acts which should
result in the consummation of the crime and
voluntarily desists from proceeding further, it
cannot be an attempt.
Crimes which do not admit of frustrated stage
(a) Rape
The
crime
of
arson
is
therefore
consummated even if only a portion of the
wall or any part of the house is burned. The
consummation of the crime of arson does
not depend upon the extent of the damage
caused. (People v. Hernandez)
(c) Bribery and Corruption of Public Officers
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b.
37
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AS A FELONY
IN ITSELF
AS A
BASIS
FOR
LIABILITY
Stage
Preparatory
acts
Executory
acts
How
incurred
Legal requirements
Illustration
Mere
agreement
A, B, C and D came to an
agreement
to
commit
rebellion. Their agreement
was to ring about the
rebellion on a certain
date.
Even if none of them has
performed the act of
rebellion, there is already
criminal liability arising
from the conspiracy to
commit the rebellion.
But if anyone of them has
committed the overt act of
rebellion, the crime of all
is no longer conspiracy but
rebellion itself.
This subsists even though
the other co-conspirators
do not know that one of
them had already done the
act of rebellion.
Commission
of
overt act
G. Multiple Offenders
Recidivism/Reincindencia; Habituality/Reiteracion/
Art. 14 (9)
Repetition; Art. 14 (10)
Crimes
committed
Period
of
time
the
crimes are
committed
Number of
crimes
committed
Sufficient
that
the
offender
have
been
previously convicted by
final judgment for another
crime embraced in the
same title of the Code on
the date of his trial
Necessary
that
the
offender shall have served
out his sentence for the
first offense
No period of time
The second conviction for The
previous
and
an offense embraced in subsequent offenses must
the same title of RPC
NOT be embraced in the
Quasi-Recidivism;
Art. 160
Before serving or
while
serving
sentence,
the
offender commits
a felony (NOT a
crime)
Before serving or
while
serving
sentence
Offender commits
a felony
Habitual
Delinquency;
Art. 62 (5)
Specified:
1. less serious or
serious physical
injuries
2. robbery
3. theft
4. estafa
5. falsification
Within 10 years
from
his
last
release
or
conviction
Guilty the third
time or oftener
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40
Their
effects
1. Recidivism
Basis: the greater perversity of the offender, as shown
by his inclination to commit crimes
A recidivist is one who, at the time of his trial for one
crime, shall have been previously convicted by final
judgment of another crime embraced in the same title
of the Revised Penal Code. (People v. Lagarto, 1991)
Requisites
(1) Offender is on trial for an offense
(2) He was previously convicted by final judgment of
another crime
(3) Both the first and second offenses are embraced
in the same title of the RPC
(4) Offender is convicted of the new offense
Note: What is controlling is the time of trial, not the
time of commission of the crime. (Reyes, Revised
Penal Code)
2. Habituality (Reiteracion)
Basis: same as recidivism
Requisites
(1)
Accused is on trial for an offense
(2)
He previously served sentence
a. for another offense to which the law
attaches an equal or greater penalty, OR
b. for two or more crimes to which it attaches
lighter penalty than that for the new offense
(3)
He is convicted of the new offense
3. Quasi-Recidivism
Art. 160. Commission of another crime during
service of penalty imposed for another offense;
Penalty. Besides the provisions of Rule 5 of
Article 62, any person who shall commit a felony
after having been convicted by final judgment,
before beginning to serve such sentence, or while
serving the same, shall be punished by the maximum
period of the penalty prescribed by law for the new
felony.
4. Habitual Delinquency
Art. 62, last par. For the purpose of this article, a
person shall be deemed to be habitual delinquent, if
within a period of ten years from the date of his
release or last conviction of the crimes of serious or
less serious physical injuries, robo, hurto estafa or
falsification, he is found guilty of any of said crimes
a third time or oftener.
Imposes
the
maximum of the
penalty for the
new offense, and
cannot be offset
by any mitigating
circumstance
An
additional
penalty shall be
imposed
Requisites
(1) Offender had been convicted of any of the crimes
of serious or less serious physical injuries, robbery,
theft, estafa, or falsification
(2) After that conviction or after serving his sentence,
he again committed, and, within 10 years from his
release or first conviction, he was again convicted
of any of the said crimes for the second time
(3) After his conviction of, or after serving sentence
for, the second offense, he again committed, and,
within 10 years from his last release or last
conviction, he was again convicted of any of said
offenses, the third time or oftener
Purpose of the law in imposing additional penalty
To render more effective social defense and the
reformation of habitual delinquents (REYES, quoting
People v. Abuyen)
See also: Aggravating circumstances
RECIDIVISM
There must be conviction
by final judgment of the
first or prior offense.
1. Complex Crimes
Several Acts
Submachine gun because of
the number of bullets released
Firing of the revolver twice in
succession
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Requisites:
(1) That at least two offenses are committed
(2) That one or some of the offenses must be
necessary to commit the other
(3) That both or all the offenses must be
punished under the same statute.
Note: The phrase necessary means does not mean
indispensable means
People vs. Comadre (2004):
The single act by appellant of detonating a hand
grenade may quantitatively constitute a cluster of
several separate and distinct offenses, yet these
component criminal offenses should be considered
only as a single crime in law on which a single
penalty is imposed because the offender was
impelled by a single criminal impulse which shows
his lesser degree of perversity.
No complex crime proper:
(a) Subsequent acts of intercourse, after forcible
abduction with rape, are separate acts of rape.
(b) Not complex crime when trespass to dwelling is
a direct means to commit a grave offense.
(c) No complex crime, when one offense is
committed to conceal the other.
(d) When the offender already had in his possession
the funds which he misappropriated, the
subsequent falsification of a public or official
document involving said offense is a separate
offense.
(e) No complex crime where one of the offenses is
penalized by a special law.
(f) There is no complex crime of rebellion with
murder, arson, robbery, or other common
crimes (People v. Hernandez; Enrile v. Salazar).
(g) In case of continuous crimes.
(h) When the other crime is an indispensable
element of the other offense.
General rules in complexing crimes:
(a) When two crimes produced by a single act are
respectively within the exclusive jurisdiction of
two courts of different jurisdiction, the court of
higher jurisdiction shall try the complex
crime.
(b) The penalty for complex crime is the penalty
for the most serious crime, the same to be
applied in its maximum period.
(c) When two felonies constituting a complex crime
are punishable by imprisonment and fine,
respectively, only the penalty of imprisonment
should be imposed.
(d) Art. 48 applies only to cases where the Code
does not provide a definite specific penalty for a
complex crime.
(e) One information should be filed when a complex
crime is committed.
(f) When a complex crime is charged and one
offense is not proven, the accused can be
convicted of the other.
(g) Art. 48 also applies in cases when out of a single
act of negligence or imprudence, two or more
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EXEMPTING
MITIGATING
AGGRAVATING
ALTERNATIVE
NO WRONG
THERE IS A WRONG
THERE IS A FELONY
THERE IS A FELONY
THERE IS A FELONY
No
criminal
liability
With civil liability
Except:
accident;
insuperable cause
Decreased criminal
liability
Increased
liability
Increased or decreased
liability
No
liability
criminal
No civil liability
Except:
state of necessity
1. Self Defense
Includes not only the defense of the person or body
of the one assaulted but also that of his rights, the
enjoyment of which is protected by law. It includes:
a.
b.
A. Justifying Circumstances
(ASKED 30 TIMES IN BAR EXAMS)
criminal
Elements:
a.
Unlawful aggression
(1) Equivalent to an actual physical assault; OR
threatened assault of an immediate and
imminent kind which is offensive and
positively strong, showing the wrongful
intent to cause harm.
(2) The aggression must constitute a violation
of the law. When the aggression ceased to
exist, there is no longer a necessity to
defend ones self. EXCEPT: when the
c.
Defense of Honor:
Defense of Property:
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2. Defense of Relatives
Elements:
(1) Unlawful aggression
Unlawful aggression may not exist as a matter of
fact, it can be made to depend upon the honest
belief of the one making the defense. Reason: The
law acknowledges the possibility that a relative, by
virtue of blood, will instinctively come to the aid of
their relatives.
(2) Reasonable necessity of means employed to
prevent or repel it
(3) In case person attacked provoked attacker
defender must have no part therein
Reason: Although the provocation prejudices the
person who gave it, its effects do not reach the
defender who took no part therein, because the
latter was prompted by some noble or generous
sentiment in protecting and saving a relative
Relatives entitled to defense:
i. Spouse
ii. Ascendants
iii. Descendants
iv. legitimate, natural or adopted Brothers/Sisters
v. Relatives by affinity in the same degree
vi. Relatives by consanguinity w/in the 4th civil
degree
Illustration:
The sons of A honestly believe that their father was
the victim of an unlawful aggression when in fact it
was their father who attacked B. If they killed B
under such circumstances, they are justified.
Balunueco v. CA (2003):
Held: Of the three (3) requisites of defense of
relatives, unlawful aggression is a condition sine qua
non, for without it any defense is not possible or
justified. In order to consider that an unlawful
aggression was actually committed, it is necessary
that an attack or material aggression, an offensive
act positively determining the intent of the
aggressor to cause an injury shall have been made;a
mere threatening or intimidating attitude is not
sufficient to justify the commission of an act which
is punishable per se, and allow a claim of exemption
from liability on the ground that it was committed in
self-defense or defense of a relative.
3. Defense of Strangers
Elements:
(1) Unlawful aggression;
(2) Reasonable necessity of the means employed
to prevent or repel it;
Requisites:
(1) Offender acted in performance of duty or
lawful exercise of a rig ht/office
(2) The resulting felony is the unavoidable
consequence of the due fulfillment of the duty
or the lawful exercise of the right or office.
Note: If the first condition is present, but the second
is not because the offender acted with culpa, the
offender will be entitled to a privileged mitigating
circumstance. The penalty would be reduced by one
or two degrees.
People v. Ulep (2000): Accused-appellant and the
other police officers involved originally set out to
restore peace and order at Mundog Subdivision
where the victim was then running amuck. The
victim threatened the safety of the police officers
despite accused-appellant's previous warning shot
and verbal admonition to the victim to lay down his
weapon.
Held: As a police officer, it is to be expected that
accused-appellant would stand his ground. Up to
that point, his decision to respond with a barrage of
gunfire to halt the victim's further advance was
justified under the circumstances. A police officer is
not required to afford the victim the opportunity to
fight back. Neither is he expected when hard
pressed and in the heat of such an encounter at
close quarters to pause for a long moment and
reflect coolly at his peril, or to wait after each blow
to determine the effects thereof. But he cannot be
exonerated from overdoing his duty when he fatally
shot the victim in the head, even after the latter
slumped to the ground due to multiple gunshot
wounds sustained while charging at the police
officers. Sound discretion and restraint dictated
that a veteran policeman should have ceased firing
at the victim the moment he saw the latter fall to
the ground. The victim at that point no longer posed
a threat. Shooting him in the head was obviously
unnecessary.
The law does not clothe police officers with
authority to arbitrarily judge the necessity to kill- it
must be stressed that their judgment and discretion
as police officers in the performance of their duties
must be exercised neither capriciously nor
oppressively, but within reasonable limits.
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scientifically
defined
pattern
of
psychological and behavioral symptoms
found in women living in battering
relationships as a result of cumulative
abuse.
Battered Woman Syndrome as a Defense.
Victim-survivors who are found by the
courts to be suffering from battered woman
syndrome do not incur any criminal and civil
liability notwithstanding the absence of any
of the elements for justifying circumstances
of self-defense under the Revised Penal
Code.
In the determination of the state of mind of
the woman who was suffering from battered
woman syndrome at the time of the
commission of the crime, the courts shall be
assisted
by
expert
psychiatrists/
psychologists [SECTION 26, RA 9262]
B. Exempting Circumstances
(ASKED 14 TIMES IN BAR EXAMS)
SIX
1.
2.
3.
4.
5.
6.
IMPORTANT POINTS:
The reason for the exemption lies in the
involuntariness or lack of knowledge of the act:
(1) one or some of the ingredients of criminal
liability such as criminal intent, intelligence, or
freedom of action on the part of the offender is
missing
(2) In case it is a culpable felony, there is absence
of freedom of action or intelligence, or absence
2. Minority
Juvenile Justice and Welfare Act of 2006
(R.A. 9344); also refer to Child and Youth
Welfare Code (P.D. 603, as amended)
a. Definition of child in conflict with the law
Section 4 (e). "Child in conflict with the law" a
child who is alleged as, accused of, or adjudged as,
having committed an offense under Philippine laws.
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The
3. Accident
(Damnum Absque Injuria)
Requisites:
(1) A person performing a lawful act;
(2) With due care;
(3) He causes an injury to another by mere
accident;
(4) Without fault or intention of causing it.
Accident - something that happens outside the sway
of our will and, although coming about through some
act of our will, lies beyond the bounds of humanly
foreseeable consequences.
Under Article 12, paragraph 4, the offender is
exempt not only from criminal but also from civil
liability.
Illustration:
4. Irresistible Force
Elements:
(1) That the compulsion is by means of physical
force.
(2) That the physical force must be irresistible.
(3) That the physical force must come from a third
person
Note: Before a force can be considered to be an
irresistible one, it must produce such an effect on
the individual that, in spite of all resistance, it
5. Uncontrollable Fear
Requisites:
(1) That the threat which causes the fear is of an
evil greater than or at least equal to, that which
he is forced to commit;
(2) That it promises an evil of such gravity and
imminence that the ordinary man would have
succumbed to it.
A threat of future injury is not enough. The
compulsion must be of such a character as to leave
no opportunity to the accused for escape or selfdefense in equal combat.
Illustration:
A is forced at gun point to forge the signature of B.
See Part F for absolutory causes
US v. Exaltacion (1905): Exaltacion and Tanchico
were convicted w/ rebellion based on documents
found in the house of Contreras, a so-called general
of bandits, containing signatures of defendants
swearing allegiance to the Katipunan. Defendants
aver that these documents were signed under duress
and fear of death. They allege further that they
were abducted by thieves and that these men forced
the defendants to sign the documents
Held: The duress under which the defendants acted
relieved them from criminal liability . Prosecution
was unable to prove the guilt of the accused and
testimonies of witnesses for the accused further
corroborated their defense.
Irresistible Force
Irresistible force must
operate directly upon
the
person
of
the
accused and the injury
feared may be a lesser
degree than the damage
caused by the accused.
Offender uses physical
force or violence to
compel another person
to commit a crime.
Uncontrollable Fear
Uncontrollable fear may
be generated by a
threatened act directly
to a third person such as
the wife of the accused,
but the evil feared must
be greater or at least
equal to the damage
caused to avoid it.
Offender
employs
intimidation or threat in
compelling another to
commit a crime.
C. Mitigating Circumstances
(ASKED 19 TIMES IN BAR EXAMS)
TWELVE TYPES of mitigating circumstances:
1. Incomplete Justification and Exemption
2. Under 18 or Over 70 years of age
3. No intention to commit so grave a wrong
4. Sufficient Provocation or Threat
5. Immediate vindication of a grave offense
6. Passion or obfuscation
7. Voluntary surrender
8. Voluntary plea of guilt
9. Plea to a lower offense
10. Physical defect
11. Illness
12. Analogous Circumstances
Mitigating circumstances or causas attenuates are
those which, if present in the commission of the
crime, do not entirely free the actor from criminal
liability, but serve only to reduce the penalty.
Basis: They are based on the diminution of either
freedom of action, intelligence or intent or on the
lesser perversity of the offender. However, voluntary
surrender and plea of guilt which, being
circumstances that occur after the commission of
the offense, show the accuseds respect for the law
(voluntary surrender) and remorse and acceptance
of punishment (plea of guilt), thereby necessitating
a lesser penalty to effect his rehabilitation (based on
the Positivist School)
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1. Incomplete
Privileged MC
Cannot be offset by
aggravating
circumstance
The
effect
of
imposing upon the
offender the penalty
lower by one or two
degrees than that
provided by law for
the crime.
Justification
and
Exemption
Incomplete
justifying
circumstance
avoidance of greater evil or injury
of
Incomplete
justifying
performance of duty
circumstance
of
exempting
circumstance
of
(2) Incomplete
exempting
uncontrollable fear.
circumstance
of
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People v. Calleto (2002):
Held: The lack of "intent" to commit a wrong so
grave is an internal state. It is weighed based on the
weapon used, the part of the body injured, the
injury inflicted and the manner it is inflicted. The
fact that the accused used a 9-inch hunting knife in
attacking the victim from behind, without giving
him an opportunity to defend himself, clearly shows
that he intended to do what he actually did, and he
must be held responsible therefor, without the
benefit of this mitigating circumstance.
People v. Ural (1974):
Held: The intention, as an internal act, is judged
not only by the proportion of the means employed
by him to the evil produced by his act, but also by
the fact that the blow was or was not aimed at a
vital part of the body. Thus, it may be deduced
from the proven facts that the accused had no
intent to kill the victim, his design being only to
maltreat him, such that when he realized the
fearful consequences of his felonious act, he
allowed the victim to secure medical treatment
at the municipal dispensary.
Provocation
as
a
mitigating circumstance
It
pertains
to
its
Elements:
(1) That there be a grave offense done to the one
committing the felony, his spouse, ascendants,
descendants, legitimate, natural or adopted
brothers or sisters, or relatives by affinity
within the same degree.
(2) That the felony is committed in vindication of
such grave offense. A lapse of time is allowed
between the vindication and the doing of the
grave offense.
(3) The vindication need not be done by the
person upon whom the grave offense was
committed
Note: Lapse of time is allowed. The word
immediate used in the English text is not the
correct translation. The Spanish text uses
proxima. Although the grave offense (slapping of
the accused in front of many persons hours before
Vindication
The grave offense may
be committed against
the offenders relatives
mentioned by law.
The offended party must
have done a grave
offense to the offender
or his relatives.
The grave offense may
be proximate, which
admits of an interval of
time between the grave
offense done by the
offended party and the
commission of the crime
by the accused.
It concerns the honor of
the person.
Elements:
(1) The accused acted upon an impulse
(2) The impulse must be so powerful that it
naturally produces passion or obfuscation in
him.
Requisites:
(1) That there be an act, both unlawful and
sufficient to produce such condition of mind;
and
(2) That said act which produced the obfuscation
was not far removed from the commission of
the crime by a considerable length of time,
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7. Voluntary Surrender
Requisites:
(1) That the offender had not been actually
arrested
(2) That the offender surrendered himself to a
person in authority or to the latters agent
(3) That the surrender was voluntary.
Two Mitigating Circumstances Under This
Paragraph:
(1) Voluntary surrender to a person in authority or
his agents;
(2) Voluntary confession of guilt before the court
prior to the presentation of evidence for the
prosecution.
Whether or not a warrant of arrest had been issued
is immaterial and irrelevant.
Criterion is whether or not
a. the offender had gone into hiding
b. and the law enforcers do not know of his
whereabouts.
Note: For voluntary surrender to be appreciated, the
surrender must be spontaneous, made in such a
Effect of Arrest
General Rule: Not mitigating when defendant was in
fact arrested. (People v. Conwi)
Exceptions:
(1) But where a person, after committing the
offense and having opportunity to escape,
voluntarily waited for the agents of the
authorities and voluntarily gave up, he is
entitled to the benefit of the circumstance,
even if he was placed under arrest by a
policeman then and there. (People v. Parana)
(2) Where the arrest of the offender was after his
voluntary surrender or after his doing an act
amounting to a voluntary surrender to the agent
of a person in authority. (People v. Babiera;
People v. Parana)
Person in Authority and his Agent
Person in authority is one directly vested with
jurisdiction, that is, a public officer who has the
power to govern and execute the laws whether as an
individual or as a member of some court or
governmental corporation, board or commission. A
barrio captain and a barangay chairman are also
persons in authority. (Art. 152, RPC, as amended by
PD No. 299).
Agent of a person in authority is a person, who,
by direct provision of law, or by election or by
competent authority, is charged with the
maintenance of public order and the protection and
security of life and property and any person who
comes to the aid of persons in authority. (Art. 152,
as amended by RA 1978).
Time of Surrender
The RPC does not distinguish among the various
moments when the surrender may occur. (Reyes,
Revised Penal Code). The fact that a warrant of
arrest had already been issued is no bar to the
consideration of that circumstance because the law
does not require that the surrender be prior the
arrest. (People v. Yecla and Cahilig). What is
important is that the surrender be spontaneous.
8. Plea Of Guilt
Requisites:
(1) That the offender spontaneously confessed his
guilt.
(2) That the confession of guilt was made in open
court, that is, before the competent court that
is to try the case; and
charged.
Also, Sec. 2, Rule 116, of the Revised Rules of
Criminal Procedure requires the consent of the
offended party and the prosecutor before an
accused may be allowed to plead guilty to a lesser
offense necessarily included in the offense charged.
The prosecution rejected the offer of the accused.
10.
Physical Defects
11.
Illness
Elements:
(1) That the illness of the offender must diminish
the exercise of his will-power
(2) That such illness should not deprive the
offender of consciousness of his acts.
When the offender completely lost the exercise of
will-power, it may be an exempting circumstance.
It is said that this paragraph refers only to diseases
of pathological state that trouble the conscience or
will.
A mother who, under the influence of a puerperal
fever, killed her child the day following her delivery.
People v. Javier (1999): Javier was married to the
deceased for 41 years. He killed the deceased and
then stabbed himself in the abdomen. Javier was
found guilty of parricide. In his appeal, he claims
that he killed his wife because he was suffering
from insomnia for a month and at the time of the
killing, his mind went totally blank and he did not
know what he was doing. He also claims that he was
insane then.
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12.
Analogous
Circumstances
Mitigating
D. Aggravating Circumstances
(ASKED 24 TIMES IN BAR EXAMS)
Those circumstances which raise the penalty for a
crime in its maximum period provided by law
applicable to that crime or change the nature of the
crime.
Note: The list in this Article is EXCLUSIVE there are
no analogous aggravating circumstances.
Qualifying aggravating
circumstances
The effect of a qualifying
AC is not only to give the
crime its proper and
exclusive name but also
to place the author
thereof in such a situation
as to deserve no other
penalty
than
that
specially prescribed by
law for said crime.
The circumstance affects
the nature of the crime
itself such that the
offender shall be liable
1. Generic
TWENTY-ONE aggravating circumstances under Art.
14:
1. Taking Advantage of Public Office
2. In Contempt Of Or With Insult To Public
Authorities
3. With Insult Or Lack Of Regard Due To
Offended Party By Reason Of Rank, Age Or Sex
4. Abuse
Of
Confidence
And
Obvious
Ungratefulness
5. Crime In Palace Or In Presence Of The Chief
Executive
6. Nighttime; Uninhabited Place; With A Band
7. On Occasion Of A Calamity
8. Aid Of Armed Men Or Means To Ensure
Impunity
9. Recidivism
10. Reiteration or Habituality
11. Price, Reward Or Promise
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
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Requisites:
(1) That the public authority is engaged in the
exercise of his functions.
(2) That he who is thus engaged in the exercise of
his functions is not the person against whom the
crime is committed.
(3) The offender knows him to be a public
authority.
(4) His presence has not prevented the offender
from committing the criminal act.
Illustration:
Husband and wife quarrelled. Husband inflicted
physical violence upon a wife. The wife left the
conjugal home and went to the house of her sister
bringing her personal belongings with her. The sister
accommodated the wife in her home. The husband
went to the house of the sister-in-law and tried to
persuade the wife to return to the conjugal home
but the wife refused since she was more at peace in
her sisters home than in their conjugal abode. Due
to the wifes refusal the husband pulled out a knife
and stabbed the wife to death.
It was held that dwelling was aggravating although it
is not owned by the victim since she is considered a
member of the family who owns the dwelling and
that place is where she enjoyed privacy, peace of
mind and comfort.
b.
OBVIOUS UNGRATEFULNESS
(1) That the offended party had trusted the
offender;
(2) That the offender abused such trust by
committing a crime against the offended
party;
(3) That the act be committed with obvious
ungratefulness.
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Par. 5
Par. 2
Where
public
Contempt or insult to authorities are engaged
public authorities
in the discharge of
their duties.
Public authorities are engaged in the performance
of their duties.
Public duty is performed Public duty is performed
in their office
outside of their office
The offended party may The public authority
should not be
offended party
the
6. Nighttime
(Nocturnidad);
Uninhabited Place (Despoblado);
With a Band (Cuadrilla)
Illustration:
A is on board a banca, not so far away. B and C also
are on board their respective bancas. Suddenly, D
showed up from underwater and stabbed B. Is there
an aggravating circumstance of uninhabited place
here?
Yes, considering the fact that A and C before being
able to give assistance still have to jump into the
water and swim towards B and the time it would
take them to do that, the chances of B receiving
some help was very little, despite the fact that there
were other persons not so far from the scene.
People v. Librando (2000): Edwin, his daughter
Aileen, and a relative, Fernando, were traversing a
hilly portion of a trail on their way home when they
met Raelito Librando, Larry and Eddie. Edwin was
carrying a torch at that time as it was already dark.
Raelito inquired from Edwin the whereabouts of
Fernando and without any warning hit Edwin with a
piece of wood. Eddie followed suit and delivered
another blow to Edwin. Edwin ran but he was chased
by Raelito. Thereafter, the three men took turns
hitting Edwin with pieces of wood until the latter
fell and died. The trial court considered nighttime
and uninhabited place as just one aggravating
circumstance.
Held: The court did not err in considering nighttime
and uninhabited place as just one aggravating
circumstance. The court cited the case of People vs.
Santos where it has been held that if the
aggravating circumstances of nighttime, uninhabited
place or band concur in the commission of the
crime, all will constitute one aggravating
circumstance only as a general rule although they
can be considered separately if their elements are
distinctly perceived and can subsist independently,
revealing a greater degree of perversity.
People v. Bermas (1999): By and of itself, nighttime
is not an aggravating circumstance; it becomes so
only when:
1) it is specially sought by the offender; or
2)
3)
7. On Occasion of a Calamity
Par. 7. That the crime be committed on the
occasion of a conflagration, shipwreck, earthquake,
epidemic or other calamity or misfortune.
The rationale for this AC is the debased form of
criminality of one who, in the midst of a great
calamity, instead of lending aid to the afflicted,
adds to their suffering by taking advantage of their
misfortune and despoiling them.
Par. 8
With aid of armed men
At least two armed men
This circumstance is
present even if one of
the offenders merely
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is
absorbed
by
9. Recidivism (Reincidencia)
Par. 8 That the crime be committed with the aid of
armed men or persons who insure or afford
impunity.
Requisites:
(1) That the offender is on trial for an offense;
(2) That he was previously convicted by final
judgment of another crime;
(3) That both the first and the second offenses are
embraced in the same title of the Code;
(4) That the offender is convicted of the new
offense.
Different forms of repetition or habituality of
offender
a. Recidivism under Article 14 (9)The offender
at the time of his trial for one crime shall have
been previously convicted by final judgment of
another embraced in the same title of the
Revised Penal Code.
b. Repetition or reiteracion under Article 14
(9)The offender has been previously punished
for an offense to which the law attaches an
equal or greater penalty or for two or more
crimes to which it attaches a lighter penalty.
c. Habitual delinquency under Article 62 (5)The
offender within a period of 10 years from the
date of his release or last conviction of the
crimes of serious or less serious physical
injuries, robo, hurto, estafa or falsification, is
found guilty of any of the said crimes a third
time or another.
d. Quasi-recidivism under Article 160Any person
who shall ` a felony after having been convicted
by final judgment before beginning to serve
such sentence or while serving such sentence
shall be punished by the maximum period
prescribed by law for the new felony
In recidivism, the crimes committed should be
felonies. There is no recidivism if the crime
committed is a violation of a special law.
What is controlling is the time of the trial, not the
time of the commission of the offense (i.e. there
was already a conviction by final judgment at the
time of the trial for the second crime).
10.
Reiteracion/Habituality
Par. 10 Reiteracion
It is necessary that the
offender
shall
have
served out his sentence
for the first offense.
The
previous
and
subsequent
offenses
must not be embraced
in the same title of the
Code
It
is
a
generic
aggravating
circumstance which can
be offset by an ordinary
mitigating
circumstance.
If not offset, it would
only
increase
the
penalty prescribed by
law for the crime
committed
to
its
maximum period
f. falsification
There is a time limit of
not more than 10 years
between
every
conviction
computed
from the first conviction
or
release
from
punishment thereof to
conviction
computed
from
the
second
conviction or release
therefrom to the third
conviction and so on
Habitual delinquency is
a special aggravating
circumstance, hence it
cannot be offset by any
mitigating
circumstance.
Aside from the penalty
prescribed by law for
the crime committed,
an additional penalty
shall
be
imposed
depending
upon
whether it is already
the third conviction, the
fourth, the fifth and so
on
an
People v. Cajara (2000): Accused Cajara raped 16year old Marita in front of his common-law wife who
is the half-sister of the victim and his two small
children. The trial court convicted him as charged
and sentenced him to death.
Not
always
aggravating
circumstance
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11.
in
12.
13.
Evident
Premeditation
(Premeditacion Conocida)
Illustrations:
1. A and B fought on Monday. A told B that
someday he will kill B. On Friday, A killed B.
2. C and D fought on Monday but since C already
suffered so many blows, he told D, This week
shall not pass, I will kill you. On Friday, C
killed D.
Is there evident premeditation in both cases? None in
both cases.
What condition is missing to bring about evident
premeditation? Evidence to show that between
Monday and Friday, the offender clung to his
determination to kill the victim, acts indicative of
his having clung to his determination to kill B.
3.
14.
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CRAFT
Craft
The act of the accused
was done in order NOT
TO AROUSE SUSPICION
DISGUISE
15.
16.
Treachery (Alevosia)
Victim asleep
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co-exist
with
passion
and
17.
Ignominy
aggravating circumstance.
People v. Bumidang (2000): The aggravating
circumstance of ignominy
shall be taken into
account if means are employed or circumstances
brought about which add ignominy to the natural
effects of the offense; or if the crime was
committed in a manner that tends to make its
effects more humiliating to the victim, that is, add
to her moral suffering. It was established that
Baliwang used the flashlight and examined the
genital of Gloria before he ravished her. He
committed his bestial deed in the presence of
Gloria's old father. These facts clearly show that
Baliwang deliberately wanted to further humiliate
Gloria, thereby aggravating and compounding her
moral sufferings. Ignominy was appreciated in a case
where a woman was raped in the presence of her
betrothed, or of her husband, or was made to
exhibit to the rapists her complete nakedness before
they raped her.
18.
Unlawful Entry
19.
20.
b.
MOTORIZED vehicles or
21.
Cruelty
Requisites:
(1) That the injury caused be deliberately increased
by causing other wrong;
(2) That the other wrong be unnecessary for the
execution of the purpose of the offender.
For it to exist, it must be shown that the accused
enjoyed and delighted in making his victim suffer.
If the victim was already dead when the acts of
mutilation were being performed,
Cruelty
physical
refers to the physical
suffering of the victim
so he has to be alive
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2.
3.
4.
1. Qualifying
a. Decree Codifying the Laws on
llegal/Unlawful Possession etc. of Firearms,
Ammunition or Explosives (P.D. 1866, as
amended by R.A. 8294)
b. The Comprehensive Dangerous Drugs Act of
2002 (R.A.9165)
Note:
Under 2012 Supreme Court Syllabus, acts punishable
under PD 1866, as amended by RA 8294, are under
the subtopic qualifying aggravating circumstances
but tagged as AGGRAVATING only.
Illegal/Unlawful
Possession,
Manufacture,
Dealing
in,
Acquisition or Disposition, of
Firearms,
Ammunition
or
Explosives (P.D. 1866, as amended
by R.A. 8294) as an aggravating
circumstance
(Asked once in the Bar during 1979-1982, twice
during 2000-2006)
Acts punished
1. Unlawful
manufacture,
sale,
acquisition,
disposition or possession of firearms or
can
be
73
74
E. Alternative Circumstances
(ASKED TWICE IN BAR EXAMS)
THREE TYPES of alternative circumstances:
1. Relationship
2. Intoxication
3. Degree of education/instruction
IMPORTANT POINT:
Circumstances which must be taken in consideration
as aggravating or mitigating according to the nature
and effects of the crime
1. Relationship
(BRADSS)
i.
ii.
iii.
iv.
v.
vi.
Spouse
Ascendant
Descendant
Brother
Sister
Relative by Affinity
75
76
2. Intoxication
It is only the circumstance of intoxication which
a. if not mitigating,
b. is automatically aggravating.
a.
b.
When mitigating
(1) There must be an indication that
(a) because of the alcoholic intake of the
offender,
(b) he is suffering from diminished selfcontrol.
(c) It is not the quantity of alcoholic drink.
(d) Rather it is the effect of the alcohol
upon the offender which shall be the
basis of the mitigating circumstance.
(2) That offender is
(a) not a habitual drinker and
(b) did not take alcoholic drink with the
intention to reinforce his resolve to
commit crime
When Aggravating:
(1) If intoxication is habitual
(2) If it is intentional to embolden offender to
commit crime
considered mitigating.
F. Absolutory Causes
There are FOUR TYPES of absolutory circumstances:
1. INSTIGATION
2. PARDON
3. OTHER ABSOLUTORY CAUSES
4. ACTS NOT COVERED BY LAW AND IN CASE OF
EXCESSIVE PUNISHMENT (ART. 5)
IMPORTANT POINTS:
Acts not covered by law and in case of excessive
punishment (art. 5)
Absolutory causes are those where the act
committed is a crime but for reasons of public policy
and sentiment there is no penalty imposed.
1. Instigation
Entrapment
Ways and means are
resorted to for the
purpose of trapping and
capturing
the
lawbreaker
in
the
execution of his criminal
plan
The means originate
from the mind of the
criminal.
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.
Not a bar to
prosecution
conviction
of
lawbreaker.
the
and
the
Instigation
The
instigator
practically induces the
would-be accused into
the commission of the
offense and himself
becomes a co-principal.
The
law
enforcer
conceives
the
commission of the crime
and suggests to the
accused who carries it
into execution.
A public officer or a
private
detective
induces an innocent
person to commit a
crime and would arrest
him upon or after the
commission of the crime
by the latter.
The accused must be
acquitted because the
offender simply acts as
a tool of the law
enforcers
EXAMPLE OF ENTRAPMENT:
A, a government anti-narcotics agent, acted as a
poseur buyer of shabu and negotiated with B, a
suspected drug pusher who is unaware that A is a
police officer. A then paid B in marked money and
2. Pardon
General rule: Pardon does not extinguish criminal
action (Art 23).
Exception: Pardon by marriage between the accused
and the offended party in cases of SEDUCTION,
ABDUCTION, RAPE AND ACTS OF LASCIVIOUSNESS (Art
344).
h.
i.
j.
Spontaneous desistance
Light felonies not consummated
Accessories in light felonies
Accessories exempt under Article 20
Trespass to dwelling to prevent serious
harm to self
exemption from criminal liability in crimes
against property
Under Article 332, exemptions from
criminal liability for cases of theft,
swindling and malicious mischief. There
would only be civil liability.
Death under exceptional circumstances
(Art. 247)
Under Article 219, discovering secrets
through seizure of correspondence of the
ward by their guardian is not penalized.
Ways on how criminal liability is
extinguished under Art 89.
77
78
b.
EXTENUATING CIRCUMSTANCES
Circumstances which mitigate the criminal liability
of the offender but not found in Article 13
Illustration:
A kleptomaniac is criminally liable. But he would be
given the benefit of a mitigating circumstance
analogous to paragraph 9 of Article 13, that of
suffering from an illness which diminishes the
exercise of his will poser without, however,
depriving him of the consciousness of his act.
An
unwed mother killed her child in order to conceal a
dishonor. The concealment of dishonor is an
extenuating circumstance insofar as the unwed
mother or the maternal grandparents are concerned,
but not insofar as the father of the child is
concerned. Mother killing her new born child to
conceal her dishonor, penalty is lowered by two
degrees. Since there is a material lowering of the
penalty or mitigating the penalty, this is an
extenuating circumstance.
PRINCIPAL
ACCOMPLICE
ACCESSORY
A. Principal
1.
2.
3.
By Direct Participation
By Inducement
By Indispensable Cooperation
1. By Direct Participation
Those who are liable:
2. By Inducement
Inducement must be strong enough that the person
induced could not resist.
3. By Indispensable Cooperation
The focus is not just on participation but on the
importance of participation in committing the crime.
The basis is the importance of the cooperation to
the consummation of the crime.
B. Accomplices
When is one regarded as an accomplice
Accomplice
They know and agree
with
the
criminal
design
Accomplices come to
know about it after the
principals have reached
the decision and only
79
such
80
Conspirators
decide
that a crime should be
committed
Conspirators are
authors of a crime
the
Requisites
Accomplice
Cooperation
is
not
indispensable to the
commission of the act
C. Accessories
1. When
accessories
criminally liable:
1.
2.
are
not
spouse,
ascendant
descendant
If such accessory
o profited from the effects of the crime, or
o assisted the offender to profit by the
effects of the crime
5. Other
instances
when
becomes an accessory:
one
1.
2.
3.
4.
5.
accessory as a fence
acquiring the effects of piracy or brigandage
destroying the corpus delicti
harboring or concealing an offender
whether the accomplice and the accessory may
be tried and convicted even before the principal
is found guilty
1.
Accessory as a fence:
Civilian
The nature of the crime
is material
For him to become an
accessory, the principal
must have committed
the crime of treason,
parricide, murder or
attempt on the life of
the Chief Executive
Illustration:
a. Crime committed is kidnapping for ransom of his
employer. Principal was being chased by police.
b. His aunt hid him in the ceiling of her house and
she told the soldiers that her nephew had never
visited her. When the soldiers left, the aunt
even gave money to her nephew for the latter
to go to the province.
c. Is the aunt criminally liable? No. Article 20 does
not include an aunt. However, this is not the
reason.
d. The principal must have committed either
treason, parricide, murder, or attempt on the
life of the Chief Executive, or that the principal
is known to be habitually guilty of some other
crime,
e. for a person who is not a public officer and who
assists an offender to escape or otherwise
harbors, or conceals such offender, to be
criminally liable.
f.
In this case,
kidnapping.
the
5.
crime
committed
was
81
82
But if the evidence shows that the act done does not
constitute a crime and the principal is acquitted,
then the supposed accomplice and accessory should
also be acquitted.
If there is no crime, then there is no criminal
liability, whether principal, accomplice or accessory.
Taer v. CA (1990):
Accused received from his co-accused two stolen
male carabaos. Conspiracy was not proven. Taer was
held liable as an accessory in the crime of cattlerustling under PD 533. Taer should have been liable
as principal for violation of the Anti-Fencing Law
since cattle-rustling is a form of theft or robbery of
large cattle, except that he was not charged with
fencing.
Enrile v. Amin (1990): A person charged with
rebellion should not be separately charged under PD
1829. The theory of absorption must not confine
itself to common crimes but also to offenses
punished under special laws which are perpetrated
in furtherance of the political offense.
Decree
Penalizing
Obstruction
Apprehension
and
Prosecution
Criminal Offenders (P.D. 1829)
of
of
What is imposed:
Both
Upon any person who knowingly or willfully
obstructs, impedes, frustrates or delays the
apprehension of suspects and the investigation and
prosecution of criminal cases through the acts
enumerated in Sec. 1
b)
c)
d)
e)
f)
g)
h)
i)
CHAPTER V. PENALTIES
A.
B.
C.
GENERAL PRINCIPLES
PENALTIES WHICH MAY BE IMPOSED
SPECIFIC
PRINCIPAL
AND
ACCESSORY
PENALTIES
D. ACCESSORY PENALTIES
E. MEASURES NOT CONSIDERED PENALTY
F. APPLICATION
AND
COMPUTATION
OF
PENALTIES
G. SPECIAL RULES FOR CERTAIN SITUATIONS
H. EXECUTION AND SERVICE OF PENALTIES.
PENALTY is the suffering that is inflicted by the
State for the transgression of a law.
Different Juridical Conditions of Penalty:
1. Must be PRODUCTIVE OF SUFFERING, without
affecting the integrity of the human personality.
2. Must be COMMENSURATE to the offense
different crimes must be punished with
different penalties.
3. Must be PERSONAL no one should be punished
for the crime of another.
4. Must be LEGAL it is the consequence of a
judgment according to law.
5. Must be CERTAIN no one may escape its
effects.
6. Must be EQUAL for all.
7. Must be CORRECTIONAL.
Theories justifying penalty:
1. PREVENTION to suppress danger to the State
2. SELF-DEFENSE to protect the society from the
threat and wrong inflicted by the criminal.
3. REFORMATION to correct and reform the
offender.
4. EXEMPLARITY to serve as an example to deter
others from committing crimes.
5. JUSTICE for retributive justice, a vindication of
absolute right and moral law violated by the
criminal.
A. General Principles
Art. 21. Penalties that may be imposed. No
felony shall be punishable by any penalty not
prescribed by law prior to its commission.
This article prohibits the Government from punishing
any person for any felony with any penalty which has
not been prescribed by the law.
It has no application to any of the provisions of the
RPC for the reason that for every felony defined in
the Code, a penalty has been prescribed.
REASON: An act or omission cannot be punished by
the State if at the time it was committed there was
no law prohibiting it, because a law cannot be
rationally obeyed unless it is first shown, and a man
cannot be expected to obey an order that has not
been given.
83
84
1. Purposes
Purpose of penalty under the RPC:
1. RETRIBUTION OR EXPIATION the penalty is
commensurate with the gravity of the offense.
It permits society to exact proportionate
revenge, and the offender to atone for his
wrongs.
2. CORRECTION OR REFORMATION as shown by
the rules which regulate the execution of the
penalties consisting in deprivation of liberty.
3. SOCIAL DEFENSE shown by its inflexible
severity to recidivist and habitual delinquents.
2. Classification
1. Major Classification
(Asked 3 times in the Bar Exams)
a.
b.
c.
Perpetual
or
temporary
absolute
disqualification,
Suspension
o May be principal or accessory penalties,
because they are formed in the 2 general
classes. (Asked 3 times in the Bar Exams)
c.
(4) Destierro.
Light penalties: (Am, Pc)
(1) Arresto menor,
(2) Public censure.
Penalties common to the three preceding
classes: (F, Bond)
(1) Fine, and
(2) Bond
to
keep
the
peace.
Perpetual
or
temporary
absolute
disqualification,
Perpetual or temporary special disqualification,
Suspension from public office, the right to vote
and be voted for, the profession or calling.
Civil interdiction,
Indemnification,
Forfeiture or confiscation of instruments and
proceeds of the offense,
PENALTY
DURATION
Death
(REPEALED)
Death,
when
not
executed due to pardon
or commutation
(REPEALED)
Reclusion perpetua
g.
Payment of costs
LIFE IMPRISONMENT
Imposed
for
serious
offenses penalized by
special laws
Does not carry with it
accessory penalties
Does not appear to have
any definite extent or
duration
RECLUSION PERPETUA
Prescribed
RPC
under
the
EFFECTS
ACCESSORIES
Indivisible
(1) PAD
(2) Civil interdiction 30
yrs from sentence
20 years & 1 day
to
40
years
(Indivisible)
(1) PAD
(2) Civil interdiction for
life
(1) Deprivation
of
public
office, even if by election
(2) Deprivation of right to vote
& be voted for
(3) Disqualification from public
office held
(4) Loss of retirement rights
(1) Deprivation
of
office,
employment, profession, or
calling affected
(2) Disqualification
from
similar
offices
or
employments
Perpetual
absolute
disqualification (PAD)
For life
Perpetual
special
disqualification (PSD)
For life
Reclusion temporal
(1) PAD
(2) Civil interdiction for
duration of sentence
Prision mayor
(1) TAD
(2) PSD of suffrage
Temporary
disqualification
(TAD)
absolute
Temporary
disqualification
(TSD)
special
(1) Deprivation
of
public
office, even if by election
(2) Deprivation of right to vote
& be voted for during
sentence
(3) Disqualification from public
office held during sentence
(4) Loss of retirement rights
(1) Deprivation
of
office,
employment, profession, or
calling affected
(2) Disqualification
from
85
DURATION
EFFECTS
ACCESSORIES
similar
offices
employments
86
C. Specific Principal And
Accessory Penalties
1. Afflictive penalties
Art. 27.
a. Reclusion perpetua.
Any person sentenced to any of the perpetual
penalties shall be pardoned after undergoing the
penalty for thirty years, unless such person by
reason of his conduct or some other serious cause
shall be considered by the Chief Executive as
unworthy of pardon.
b. Reclusion temporal.
The penalty of reclusion temporal shall be from
twelve years and one day to twenty years.
c. Prision mayor and temporary disqualification.
The duration of the penalties of prision mayor and
temporary disqualification shall be from six years
and one day to twelve years, except when the
penalty of disqualification is imposed as an accessory
penalty, in which case its duration shall be that of
the principal penalty.
Art. 41. Reclusion perpetua and
temporal; Their accessory penalties:
or
reclusion
1. Reclusion Perpetua
Duration: 20 years and 1 day to 40 years
Accessory Penalties:
(1) Civil interdiction for life or during the period of
the sentence as the case may be.
(2) Perpetual Absolute Disqualification which the
offender shall suffer even though pardoned as to
the principal penalty, unless the same shall have
been expressly remitted in the pardon.
2. Reclusion Temporal
Duration: 12 years and 1 day to 20 years
Accessory Penalties:
(1) Civil interdiction for life or during the period of
the sentence as the case may be.
(2) Perpetual Absolute Disqualification which the
offender shall suffer even though pardoned as to
the principal penalty, unless the same shall have
been expressly remitted in the pardon.
3)
4)
3. Prision mayor
Duration: 6 years and 1 day to 12 years
Accessory Penalties:
(1) Temporary Absolute Disqualification
(2) Perpetual Special Disqualification from the right
to suffrage which the offender shall suffer
although pardoned as to the principal penalty
unless the same shall have been expressly
remitted in the pardon.
1. Correctional penalties
Art. 27 (4). Prision correccional, suspension, and
destierro.
1) The duration of the penalties of prision
correccional, suspension and destierro
2) shall be from six months and one day to six
years,
3) except when suspension is imposed as an
accessory penalty,
4) in which case, its duration shall be that of the
principal penalty.
Arresto mayor.
The duration of the penalty of arresto mayor shall be
from one month and one day to six months.
Art. 39. Subsidiary penalty.
If the convict has no property with which to meet
the fine mentioned in the paragraph 3 of the next
preceding article, he shall be subject to a subsidiary
personal liability at the rate of one day for each
eight pesos, subject to the following rules:
1)
5)
1. Prision Correccional
Duration: 6 months and 1 day to 6 years
Accessory Penalties:
(1) Suspension from public office
(2) Suspension from the right to follow a profession
or calling
(3) Perpetual Special Disqualification for the right
of suffrage, if the duration of the imprisonment
shall exceed 18 months
2. Arresto Mayor
Duration: 1 month and 1 day to 6 months
Accessory Penalties:
87
88
PENALTY
DURATION
EFFECTS
ACCESSORIES
(1) Suspension from public office
(2) Suspension from profession or
calling
(3) PSD of suffrage, if the
duration
of
imprisonment
exceeds 18 mos.
Prision
correccional
Suspension
Destierro
Arresto mayor
3. Light penalties
Art. 27 (6). Arresto menor.
The duration of the penalty of arresto menor shall
be from one day to thirty days.
Art. 39. Subsidiary penalty. If the convict has no
property with which to meet the fine mentioned in
the paragraph 3 of the next preceding article, he
shall be subject to a subsidiary personal liability at
the rate of one day for each eight pesos, subject to
the following rules:
6)
7)
8)
9)
1. Arresto Menor
Duration: 1 day to 30 days
Accessory Penalties:
(1) Suspension of right to hold office
2. Public Censure
Censure, being a penalty is not proper in acquittal.
1. Fine
Art. 26. When afflictive, correctional, or light
penalty.
1) A fine, whether imposed as a single or as an
alternative penalty,
2) shall be considered an afflictive penalty, if it
exceeds 6,000 pesos;
3) a correctional penalty, if it does not exceed
6,000 pesos but is not less than 200 pesos;
4) and a light penalty if it less than 200 pesos.
This article merely classifies fine and has nothing to
do with the definition of light felony.
Fine is:
89
90
2.
3.
its
4.
5.
6.
b.
PENALTY
DURATION
ACCESSORIES
Arresto
menor
1 day to 30
days
Suspension of right
to hold office and
right of suffrage
Public
censure
(Penalties Common to All Three Types)
PENALTY
DURATION
ACCESSORIES
Fine
Bond to keep As determined
the peace
by the court
D. Accessory penalties
Perpetual
or
temporary
absolute
disqualification,
Perpetual
or
temporary
special
disqualification,
Suspension from public office, the right to
vote and be voted for, the profession or
calling.
Civil interdiction,
Indemnification/ Forfeiture or confiscation of
instruments and proceeds of the offense,
Payment of costs.
4)
Effects:
(1) Deprivation of any public office or employment
of offender;
(2) Deprivation of the right to vote in any election
or to be voted upon;
(3) Loss of rights to retirement pay or pension
Note: Perpetual absolute disqualification is effective
during the lifetime of the convict and even after the
service of the sentence. Temporary absolute
disqualification lasts during the term of the sentence
except (1) deprivation of the public office or
employment; and (2) loss of all rights to retirement
pay or other pension for any office formerly held.
(See Art. 30, par. 3).
Art. 32. Effect of the penalties of perpetual or
temporary special disqualification for the
exercise of the right of suffrage.
(1) The
perpetual
or
temporary
special
disqualification for the exercise of the right of
suffrage
(2) shall deprive the offender perpetually or during
the term of the sentence, according to the
nature of said penalty,
(3) of the right to vote in any popular election for
any public office or to be elected to such office.
(4) Moreover, the offender shall not be permitted
to hold any public office during the period of his
disqualification.
Effects:
(1) Disqualification from holding such office or the
exercise of such profession or right of suffrage
during the term of the sentence;
(2) Cannot hold another office having similar
functions during the period of suspension. (Art.
32).
4. Civil Interdiction
Effects: Deprivation of the following rights:
(1) Parental authority
(2) Guardianship over the ward
(3) Marital authority
(4) Right to manage property and to dispose of the
same by acts inter vivos. (Note: The convict can
still dispose his property mortis causa).
Civil interdiction is an accessory penalty to the
following principal penalties:
(1) Death if commuted to life imprisonment;
(2) Reclusion perpetua
(3) Reclusion temporal
5. Indemnification or Confiscation of
Disqualification
any
the
the
the
6. Payment of Costs
Includes:
(1) Fees, and
(2) Indemnities,
proceedings.
in
the
course
of
judicial
91
92
ACCESSORY
PENALTY
EFFECTS
Deprivation of any public
office or employment of
offender;
Perpetual
Temporary
Absolute
Disqualification
or
Deprivation of the right to
vote in any election or to be
voted upon;
Perpetual
or
Temporary
Special
Disqualification
Suspension
from
Public Office, the
Right to Vote and
Be Voted for, the
Right to Practice a
Profession
or
Calling
Civil Interdiction
Indemnification
Confiscation
Instruments
Proceeds of
Offense
or
of
or
the
Parental authority
Marital authority
Right
to
manage
property and to dispose
of the same by acts
inter vivos
Forfeiture in favor of the
Government of the proceeds
of the crime and the
instruments or tools with
which it was committed
F. Application
1. Indeterminate Sentence Law
2. Three-fold Rule
3. Subsidiary Imprisonment
General Rules
Art. 5. Duty of the court in connection with acts
which should be repressed but which are not
covered by the law, and in cases of
excessive penalties. Whenever a court has
knowledge of any act which it may deem proper to
repress and which is not punishable by law, it shall
render the proper decision, and shall report to the
Chief Executive, through the Department of Justice,
the reasons which induce the court to believe that
said act should be made the subject of legislation.
93
b.
94
b. Coverage
The law does not apply to certain offenders:
(1) Persons convicted of offense punished with
death penalty or life imprisonment (or reclusion
perpetua).
(2) Those convicted of treason, conspiracy or
proposal to commit treason.
(3) Those convicted of misprision of treason,
rebellion, sedition or espionage.
(4) Those convicted of piracy.
(5) Those who are habitual delinquents (but applies
to recidivists).
(6) Those who shall have escaped from confinement
or evaded service of sentence.
(7) Those who violated the terms of conditional
pardon granted to them by the Chief Executive.
(8) Those whose maximum term of imprisonment
does not exceed one year.
(9) Those who, upon the approval of the law, had
been sentenced by final judgment.
95
96
c. Conditions of parole
Section 6: Duty of the prisoner released
under this Code: Report personally to such
government officials or other parole officers
appointed by the Board for a period of surveillance
equivalent to the remaining portion of the maximum
sentence imposed upon him or until final release by
the Board. If it is shown that he is a law-abiding
citizen and did not violate any laws of the country,
the Board may issue a final certificate of release
which will entitle him to final release and discharge.
Three-fold Rule:
3. Subsidiary imprisonment
Art. 38. Pecuniary liabilities; Order of payment. 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.
2.
3.
4.
97
98
(2)
1)
2)
3)
4)
5)
(3)
(4)
(5)
no
subsidiary
imprisonment.
If the penalty imposed is not to be executed
by confinement, but of fixed duration
subsidiary penalty shall consist in the same
deprivations as those of the principal penalty,
under the same rules as in Nos. 1, 2 and 3
above.
In case the financial circumstances of the
convict should improve, he shall pay the fine,
notwithstanding the fact that the convict
suffered subsidiary penalty thereof.
PRINCIPALS
1 2
ACCOMPLICES
1 2 3
ACCESSORIES
2 3 4
ATTEMPTED
FRUSTRATED
2.
CONSUMMATED
e.
99
100
3)
4)
5)
prision mayor
prision correccional
arresto mayor
destierro
arresto menor
Maximum
Medium
Minimum
Maximum
Prision
Mayor
Penalty
for
the
principal
in
consummated murder
Penalty
for
accomplice; or for
principal in frustrated
murder
Medium
Minimum
Maximum
Medium
Minimum
Maximum
Medium
Minimum
Maximum
Medium
Penalty
for
the
principal
in
the
consummated felony
Penalty
for
the
accomplice;
or
principal in frustrated
felony
Minimum
FIFTH RULE (a): When the penalty has two periods
Maximum
Medium
Minimum
The
prescribed
felony
penalty
for the
Maximum
Arresto
Mayor
Medium
The penalty
lower
next
Minimum
FIFTH RULE (b): When the penalty has one period.
Mitigating
and
Aggravating
101
102
b.
2)
3)
Basis
of
penalty:
number
and
importance.
(Asked 2 times in the Bar Exams)
People v. Formigones (1950):
Held:
The penalty applicable for parricide under Art. 246
of the RPC is composed only of 2 indivisible
penalties, reclusion perpetua to death. Although the
commission of the act is attended by some
mitigating circumstance without any aggravating
circumstance to offset them, Art. 63 of the RPC
should be applied. The said article provides that
when the commission of the act is attended by some
mitigating circumstance and there is no aggravating
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1. Complex Crimes
Art. 48. 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.
The rule for complex crimes is to impose the penalty
for the most serious offense in its MAXIMUM period.
Monteverde v. People (2002):
Monteverde was purportedly charged with the
complex crime of estafa through falsification of a
commercial document for allegedly falsifying the
document she had submitted to show that the money
donated by PAGCOR was used and spent for lighting
materials for her barangay.
Held:
Under Article 48 of the Revised Penal Code, a
complex crime refers to:
1) the commission of at least two grave or less
grave felonies that must both (or all) be the
result of a single act, or
2) one offense must be a necessary means for
committing the other (or others).
Using the above guidelines,
constitute a complex crime.
the
acts
cannot
offenses.
Separate informations should have, therefore, been
filed.
People v. Velasquez (2000):
Velasquez, poked a toy gun and forced Karen to go
with her at his grandmothers house.
Out of fear and not knowing that the gun that
Velasquez was holding is a mere toy, Karen went
with Velasquez.
Velasquez then raped Karen twice.
The trial court convicted Velasquez of two counts of
rape.
Held:
Considering that Velasquez forcibly abducted Karen
and then raped her twice, he should be convicted of
the complex crime of forcible abduction with rape
and simple rape.
The penalty for complex crimes is the penalty for
the most serious crime which shall be imposed in its
maximum period.
Rape is the more serious of the two crimes and is
punishable with reclusion perpetua under Article
266-A of the Revised Penal Code and since reclusion
perpetua is a single indivisible penalty, it shall be
imposed as it is.
The subsequent rape committed by Velasquez can no
longer be considered as a separate complex crime of
forcible abduction with rape but only as a separate
act of rape punishable by reclusion perpetua.
2. Crimes
Different
from
That
Intended
Art. 49. Penalty to be imposed upon the
principals when the crime committed is different
from that intended. In cases in which the felony
committed is different from that which the offender
intended to commit, the following rules shall be
observed:
1. If the penalty prescribed for the felony committed
be higher than that corresponding to the offense
which the accused intended to commit, the penalty
corresponding to the latter shall be imposed in its
maximum period.
2. If the penalty prescribed for the felony committed
be lower than that corresponding to the one which
the accused intended to commit, the penalty for the
former shall be imposed in its maximum period.
3. The rule established by the next preceding
paragraph shall not be applicable if the acts
committed by the guilty person shall also constitute
an attempt or frustration of another crime, if the
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2)
their diet.
The regulations shall make provision for the
separation of the sexes in different institutions, or at
least into different departments and also for the
correction and reform of the convicts.
The judgment must be final before it can be
executed, because the accused may still appeal
within 15 days from its promulgation.
But if the defendant has expressly waived in writing
his right to appeal, the judgment becomes final and
executory.
See Rules and regulations to implement RA No. 8177
under Capital Punishment.
Art. 86. Reclusion perpetua, reclusion temporal,
prision mayor, prision correccional and arresto
mayor.
The penalties of reclusion perpetua, reclusion
temporal, prision mayor, prision correccional and
arresto mayor, shall be executed and served in the
places and penal establishments provided by the
Administrative Code in force or which may be
provided by law in the future.
Art. 87. Destierro.
Any person sentenced to destierro shall not be
permitted to enter the place or places designated in
the sentence,
which shall not more than 250 and not less than
25 km from the place designated.
If the convict enters the prohibited area, he commits
evasion of sentence.
Destierro is imposed:
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1. Probation
Law
(P.D.
968,
as
amended)
b.Purpose (Sec. 2)
1.
2.
3.
Salgado v. CA (1990):
There is no question that the decision convicting
Salgado of the crime of serious physical injuries had
become final and executory because the filing by
respondent of an application for probation is
deemed a waiver of his right to appeal.
The grant of probation does not extinguish the civil
liability of the offender.
The order of probation with one of the conditions
providing for the manner of payment of the civil
liability during the period of probation did not
increase or decrease the civil liability adjudged.
The conditions listed under Sec. 10 of the Probation
law are not exclusive.
Courts are allowed to impose practically any term it
chooses, the only limitation being that it does not
jeopardize the constitutional rights of the accused.
Office of the Court Administrator v. Librado
(1996):
Held:
While indeed the purpose of the Probation Law is to
save valuable human material,
it must not be forgotten that unlike pardon
probation does not obliterate the crime of which the
person under probation has been convicted.
The image of the judiciary is tarnished by conduct
involving moral turpitude.
The reform and rehabilitation of the probationer
cannot justify his retention in the government
service.
e)
f)
g)
h)
i)
j)
k)
d. Criteria of placing
probation (Sec. 8)
1.
2.
All
a.
b.
c.
d.
e.
an
offender
on
e. Disqualified offenders
Probation under PD No. 968, as amended, is
intended for offenders who are 18 years of age and
above, and who are not otherwise disqualified by
law.
Offenders who are disqualified are those:
a) Sentenced to serve a maximum
imprisonment of more than six years;
term
of
b)
c)
d)
e)
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2.
3.
Comprehensive
1.
2.
2.
Discernment
Suspension of sentence
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TOTAL EXTINGUISHMENT
By prescription of crime
By prescription of penalty
By the death of the convict
By Service of sentence
By Amnesty
By Absolute Pardon
By the marriage of the offended woman and the
offender in the crimes of rape, abduction,
seduction and acts of lasciviousness. (Art. 344)
B.
1.
2.
3.
PARTIAL EXTINGUISHMENT
By Conditional Pardon
By Commutation of sentence
For good conduct, allowances which the culprit
may earn while he is serving sentence
By Parole
By Probation
4.
5.
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1)
Correctional penalties
Note: Those punishable by
arresto mayor
Note: When the penalty fixed
law is a compound one
4)
5)
6)
7)
8)
9)
Libel
Oral defamation and slander
by deed
Simple slander
Grave slander
Light offenses
Crimes punishable by fines
a) Fine is afflictive
b) Fine is correctional
c) Fine is light
Note: Subsidiary penalty
for
nonpayment
not
considered in determining
the period
Note: When fine is an
alternative
penalty
higher than the other
penalty which is by
imprisonment,
prescription of the crime
is based on the fine.
2)
3)
20 years
15 years
10 years
5 years
The highest
penalty
shall
be
made
a
basis
1 year
4)
5)
6 months
2 months
6 months
2 months
15 years
10 years
2 months
20 years
15 years
10 years
5 years
1 year
Is captured
18
Cannot
include
civil
liabilities
which
the
offender must pay.
Conditional or Absolute
Granted only after the
conviction.
E. Amnesty
Conditional Pardon
If delivered and accepted, it is a contract between
the executive and the convict tat the former will
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CHAPTER 4
APPROPRIATION PROVISION
CHAPTER 2
PROHIBITED ACTS
SEC. 60. Prohibition Against Labeling and
Shaming. - In the conduct of the proceedings
beginning from the initial contact with the child, the
competent authorities must refrain from branding or
labeling children as young criminals, juvenile
delinquents, prostitutes or attaching to them in any
manner any other derogatory names. Likewise, no
discriminatory remarks and practices shall be
allowed particularly with respect to the child's class
or ethnic origin.
SEC. 61. Other Prohibited Acts. - The following and
any other similar acts shall be considered prejudicial
and detrimental to the psychological, emotional,
social, spiritual, moral and physical health and wellbeing of the child in conflict with the law and
therefore, prohibited:
(a) Employment of threats of whatever kind
and nature;
(b) Employment of abusive, coercive and
punitive measures such as cursing, beating,
stripping, and solitary confinement;
(c) Employment of degrading, inhuman end
cruel forms of punishment such as shaving
the heads, pouring irritating, corrosive or
harmful substances over the body of the
child in conflict with the law, or forcing
him/her to walk around the community
wearing signs which embarrass, humiliate,
and degrade his/her personality and
dignity; and
(d) Compelling the child to perform
involuntary servitude in any and all forms
under any and all instances.
CHAPTER 3
PENAL PROVISION
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Section
5.
Sale,
Trading,
Administration,
Dispensation,
Delivery,
Distribution
and
Transportation
of
Dangerous
Drugs
and/or
Controlled Precursors and Essential Chemicals. - The
penalty of life imprisonment to death and a fine
ranging from Five hundred thousand pesos
(P500,000.00) to Ten million pesos (P10,000,000.00)
shall be imposed upon any person, who, unless
authorized by law, shall sell, trade, administer,
dispense, deliver, give away to another, distribute
dispatch in transit or transport any dangerous drug,
including any and all species of opium poppy
regardless of the quantity and purity involved, or
shall act as a broker in any of such transactions.
The penalty of imprisonment ranging from twelve
(12) years and one (1) day to twenty (20) years and a
fine ranging from One hundred thousand pesos
(P100,000.00) to Five hundred thousand pesos
(P500,000.00) shall be imposed upon any person,
who, unless authorized by law, shall sell, trade,
administer, dispense, deliver, give away to another,
distribute, dispatch in transit or transport any
controlled precursor and essential chemical, or shall
act as a broker in such transactions.
If the sale, trading, administration, dispensation,
delivery, distribution or transportation of any
dangerous drug and/or controlled precursor and
essential chemical transpires within one hundred
(100) meters from the school, the maximum penalty
shall be imposed in every case.
For drug pushers who use minors or mentally
incapacitated individuals as runners, couriers and
messengers, or in any other capacity directly
connected to the dangerous drugs and/or controlled
precursors and essential chemical trade, the
maximum penalty shall be imposed in every case.
If the victim of the offense is a minor or a mentally
incapacitated individual, or should a dangerous drug
and/or a controlled precursor and essential chemical
involved in any offense herein provided be the
proximate cause of death of a victim thereof, the
maximum penalty provided for under this Section
shall be imposed.
The maximum penalty provided for under this
Section shall be imposed upon any person who
organizes, manages or acts as a "financier" of any of
the illegal activities prescribed in this Section.
The penalty of twelve (12) years and one (1) day to
twenty (20) years of imprisonment and a fine ranging
from One hundred thousand pesos (P100,000.00) to
Five hundred thousand pesos (P500,000.00) shall be
imposed upon any person, who acts as a
"protector/coddler" of any violator of the provisions
under this Section.
Section 6. Maintenance of a Den, Dive or Resort. The penalty of life imprisonment to death and a fine
ranging from Five hundred thousand pesos
(P500,000.00) to Ten million pesos (P10,000,000.00)
shall be imposed upon any person or group of
persons who shall maintain a den, dive or resort
where any dangerous drug is used or sold in any
form.
The penalty of imprisonment ranging from twelve
(12) years and one (1) day to twenty (20) years and a
fine ranging from One hundred thousand pesos
(P100,000.00) to Five hundred thousand pesos
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136
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138
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142
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ARTICLE IX
Dangerous Drugs Board and Philippine Drug
Enforcement Agency
Section 77. The Dangerous Drugs Board. The Board
shall be the policy-making and strategy-formulating
body in the planning and formulation of policies and
programs on drug prevention and control. It shall
develop and adopt a comprehensive, integrated,
unified and balanced national drug abuse prevention
and control strategy. It shall be under the Office of
the President.
Section 78. Composition of the Board. The Board
shall be composed of seventeen (17) members
wherein three (3) of which are permanent members,
the other twelve (12) members shall be in an ex
officio capacity and the two (2) shall be regular
members.
The three (3) permanent members, who shall possess
at least seven-year training and experience in the
field of dangerous drugs and in any of the following
fields: in law, medicine, criminology, psychology or
social work, shall be appointed by the President of
the Philippines. The President shall designate a
Chairman, who shall have the rank of a secretary
from among the three (3) permanent members who
shall serve for six (6) years. Of the two (2) other
members, who shall both have the rank of
undersecretary, one (1) shall serve for four (4) years
and the other for two (2) years. Thereafter, the
persons appointed to succeed such members shall
hold office for a term of six (6) years and until their
successors shall have been duly appointed and
qualified.
The other twelve (12) members who shall be ex
officio members of the Board are the following:
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150
protection
in
connection
with
the
performance of their duties: Provided, That
no previous special permit for such
possession shall be required;
(o) Require all government and private
hospitals, clinics, doctors, dentists and
other practitioners to submit a report to it,
in coordination with the Board, about all
dangerous
drugs
and/or
controlled
precursors and essential chemicals which
they have attended to for data and
information purposes;
(p) Coordinate with the Board for the
facilitation of the issuance of necessary
guidelines, rules and regulations for the
proper implementation of this Act;
(q) Initiate and undertake a national
campaign for drug prevention and drug
control programs, where it may enlist the
assistance of any department, bureau,
office, agency or instrumentality of the
government, including government-owned
and or controlled corporations, in the antiillegal drugs drive, which may include the
use of their respective personnel, facilities,
and resources for a more resolute detection
and investigation of drug-related crimes and
prosecution of the drug traffickers; and
(r) Submit an annual and periodic reports to
the Board as may be required from time to
time, and perform such other functions as
may be authorized or required under
existing laws and as directed by the
President
himself/herself
or
as
recommended
by
the
congressional
committees concerned.
Section 85. The PDEA Academy. Upon the approval
of the Board, the PDEA Academy shall be established
either in Baguio or Tagaytay City, and in such other
places as may be necessary. The PDEA Academy shall
be responsible in the recruitment and training of all
PDEA agents and personnel. The Board shall provide
for the qualifications and requirements of its recruits
who must be at least twenty-one (21) years old, of
proven integrity and honesty and a Baccalaureate
degree holder.
The graduates of the Academy shall later comprise
the operating units of the PDEA after the
termination of the transition period of five (5) years
during which all the intelligence network and
standard operating procedures of the PDEA has been
set up and operationalized.
The Academy shall be headed by a Superintendent,
with the rank of Director. He/she shall be appointed
by the PDEA Director General.
Section 86. Transfer, Absorption, and Integration of
All Operating Units on Illegal Drugs into the PDEA
and Transitory Provisions. The Narcotics Group of
the PNP, the Narcotics Division of the NBI and the
Customs Narcotics Interdiction Unit are hereby
abolished; however they shall continue with the
performance of their task as detail service with the
PDEA, subject to screening, until such time that the
organizational structure of the Agency is fully
operational and the number of graduates of the
PDEA Academy is sufficient to do the task
themselves: Provided, That such personnel who are
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