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1.
Self-defense
1.
a personal safety.
2.
1. Defense of person
Defense of property:
3.
aggression.
Elements:
4.
The gauge of reasonable necessity is the instinct of selfpreservation, i.e. a person did not use his rational mind
to pick a means of defense but acted out of selfpreservation, using the nearest or only means available
is in danger.
A police officer exceeding his authority may become an
unlawful aggressor.
The nature, character, location, and extent of the
Requisites:
1.
of the aggressor.
himself.
4.
3.
prevent or repel it
Means must be reasonable depending on the
5.
1.
Kinds of Self-Defense
1.
2.
1.
spouse
2.
ascendants
3.
descendants
4.
suffice.
5.
6.
3.
such property.
deserves another.
Defense of Relative
A. Elements:
1.
unlawful aggression
2.
3.
illegitimate.
The unlawful aggression may depend on the honest
A. Elements
1.
unlawful aggression
2.
3.
2.
3.
1.
Office
1.
Elements:
1.
2.
exists;
Second. That the injury feared be greater than
that done to avoid it; and
1.
3.
the actor.
2.
1.
1.
there is an order;
2.
3.
2.
of the act.
Burden of proof: Any of the circumstances is a matter of
criminal liability:
EXEMPTING CIRCUMSTANCES
5.
PUNISHMENT.
There is a crime committed but no criminal liability
1.
Offender is an imbecile
2.
IMBECILITY OR INSANITY
a fair trial.
Evidence of insanity must refer to the time preceding
insane.
Procedure: court is to order the confinement of such
insane.
Instances of Insanity:
of sound mind.
Insanity at the time of the commission of the crime and
not that at the time of the trial will exempt one from
1.
2.
MINORITY
absolute.
Age is computed up to the time of the commission of
the crime. Age can be established by the testimonies of
1.
years of age.
2.
Age
Criminal Responsibility
Absolute irresponsibility
Between 9 and 15
Conditional responsibility
mitigated liability
Mitigated responsibility
prove if otherwise.
Discernment means the mental capacity of a minor
between 9 and 15 years of age to fully appreciate the
Between 18 and 70
years old
Full responsibility
Mitigated responsibilit
3.
intelligence
Such minor over 9 years and under 15 years of age must
4.
1/2 years of age into a deep place. It was held that the
Elements:
1.
2.
3.
4.
5.
irresistible force.
his mind to obey. It must act upon him from the outside
fear.
Threat of future injury is not enough. The compulsion
1.
7.
2.
3.
cause.
6.
1.
felony
Elements:
1.
2.
3.
to commit
2.
use of intelligence
circumstance:
1.
to him
2.
3.
1.
causes.
Other examples of absolutory causes:
1)
2)
3)
Instigation v. Entrapment
INSTIGATION
Exempting
Circumstance
Existence of
a crime
Justifying Circumstance
Absolutory cause
There is no crime, the act is
MITIGATING CIRCUMSTANCES
justified
ENTRAPMENT
1.
Self-defense/defense of relative/defense of
penalty of a crime
Effect Reduces the penalty of the crime but does not
crime
Kinds of Mitigating Circumstance:
mitigating circumstance.
Privileged Mitigating
Offset by any
aggravating
circumstance
Effect on the
penalty
If not offset,
present,
it considered as privileged mitigating.
effect of imposing
the
penalty in the minimum
b. State of Necessity (par 4) avoidance of greater evil or
period
Kinds
Article 13.
1. Those mentioned in the preceding chapter, when all
the requisites necessary to justify the act or to exempt
from criminal liability in the respective cases are not
attendant
Justifying circumstances
Those circumstances
hitting a motorbike with 2 passengers, killing them
enumerated in paragraph
Not all requisites to justify act were present
1 to 10 of Articleinstantly.
13
Considered mitigating
Exempting circumstance
PD 903
Applicable to:
consequences
Intention: as an internal act, is judged by the
by the act, and also by the fact that the blow was or was
irritating anyone.
Basis: diminution of intelligence and intent
Requisites:
accordingly be
2.
provocation.
offended party
1. Requisites:
immediately after)
PROVOCATION
VINDICATION
revenge or lawlessness)
lawlessness or revenge
May be proximate. Time interval
c. The act must come from lawful sentiments
allowed
provocation or threat.
Vindication of a grave offense and passion and
independently
obfuscation
of his son.
The exercise of a right or a fulfillment of a duty is not
AND OBFUSCATION
IRRESITIBLE FORCE
Mitigating
Exempting
Unlawful
a lawful act.
circumstance
Vindication of grave offense cant co-exist w/ PASSION
PROVOCATION
is committed
Effect is loss of reason and
self-control on the part of the
offender
a)
voluntarily surrendered
b)
b)
extent
Requisites of voluntary surrender:
a)
Same
some court/government/corporation/board/commission.
latters agent
c)
in authority.
RPC does not make distinction among the various
a)
b)
Mitigating Circumstance
plea in the RTC in a case appealed from the MTC is not
all
even if during arraignment, accused pleaded not guilty,
he is entitled to Mitigating Circumstance as long as
withdraws his plea of not guilty to the charge before the
offense charged
voluntariness.
No distinction between educated and uneducated deaf-
Circumstance
present Rules of Court require that even if accused
pleaded guilty to a capital offense, its mandatory for
(competent court)
c)
c)
OBFUSCATION
d)
voluntary surrender
Requisites:
e)
a)
NOT analogous:
his will-power
a)
b)
b)
a)
c)
surrender
a)
b)
by:
are attendant.
Circumstances which are neither exempting nor
a)
b)
c)
d)
the time
e)
f)
mitigating
a)
b)
Kinds:
c)
a)
b)
d)
e)
c)
d)
AGGRAVATING CIRCUMSTANCES
QUALIFYING AGGRAVATING
GENERIC AGGRAVAT
CIRCUMSTANCE
CIRCUMSTANCE
aggravating circumstances:
May be compensated by Mitigating
Circumstance
1. 1.
That advantage be taken by the offender of his
public position
Need not be alleged. May be proved
Requisites:
over the objection of the defense.
Must be alleged in the information.
Qualifying if not alleged will make
it offender is a public officer
1. The
Integral part of the offense
generic
2. The commission of the crime would not have been
1)
1.
2.
1.
2.
3.
4.
1.
Governor
2.
Mayor
3.
Barangay captain
1.
4.
Councilors
2.
5.
Government agents
6.
Chief of Police
Rule not applicable when committed in the presence of
applicable when
3.
a mere agent.
Agent subordinate public officer charged with the
1.
2.
3.
not included)
1.
bedspacers
2.
to human abode
dwelling includes dependencies, the foot of the
dwelling
when adultery is committed in
house
In robbery with violence against
persons, robbery with homicide,
1.
2.
1.
2.
sufficient
provocation
If both the offender and the
3.
Requisites of Abuse of
Confidence
a)
Offended party has trusted
the offender
b)
a)
ungratefulness must be o
that is, there must be somethi
the offender should owe the v
debt of gratitude for
trust
c)
Abuse of confidence
offended party is aggravated by engaged in the discharge of their duties, there must be
some performance of public functions
obvious ungratefulness
he stabbed her
Abuse of confidence is inherent in:
1.
malversation
2.
qualified theft
3.
estafa by conversion
4.
misappropriation
5.
qualified seduction
worship:
1.
2.
1.
2.
office:
A polling precinct is a public office during election day
Committed in contempt of
Authority
Same
4.
accomplished at nighttime
Outside the office (still performing
1. commission of the crime must begin and be
duty)
accomplished in the nighttime
Public authority is not be the 2. when the place of the crime is illuminated by light,
offended party
nighttime is not aggravating
3.
absorbed by Treachery
Requisites:
1.
2.
3.
punishment
Nighttime begins at the end of dusk and ending at
Requisites:
other
1.
2.
participation,
Band is inherent in robbery committed in band and
brigandage
It is not considered in the crime of rape
Crime is committed BY u
inundation, explosion or
means
1.
2.
Deliberately sought
3.
4.
1.
1.
Conflagration
2.
Shipwreck
3.
Epidemic
2.
Requisites:
Exceptions:
1.
2.
1.
2.
3.
impunity
Present even
Distinction between Paragraphs 7 and 12 of Article
14if one of the offenders
Committed during a calamity or
misfortune
BY A BAND
2.
3.
4.
1.
2.
the RPC
Basis: Greater perversity of the offender as shown by his
2.
3.
4.
1.
second felonies
Pardon does not obliterate the fact that the accused
was a recidivist, but amnesty extinguishes the penalty
day. Is he a recidivist?
1.
sentence.
Par. 10 speaks of penalty attached to the offense, not
the penalty actually imposed
2.
3.
4.
REITERACION
RECIDIVISM
Requisites:
1. At least 2 principals
Enough that final judgment has
been rendered in the first offense
Same title
Always aggravating
4 Forms of Repetition
premeditation
Recidivism generic
judgment
Requisites:
was planned)
The premeditation must be based upon external facts,
2.
3.
Fraud
Involves the use of direct
inducement by insidious
words or machinations
Disg
Involves t
devise to
identity
aggressors nor the fact that they are armed but their
2.
treachery
attacked.
Requisite of Means to Weaken Defense
(alevosia)
make.
Requisites:
1.
that at the time of the attack, the victim was not in the
position to defend himself
2.
of the acts
2.
3.
Requisites:
ABUSE OF SUPERIOR
TREACHERY
Means, methods or
forms are employed by
the offender to make it
impossible or hard for
the offended party to
put any sort of
resistance
STRENGTH
Offender does not
employ means,
methods or forms of
attack, he only takes
advantage of his
superior strength
TO WEAKEN party not out of lust but out of anger in front of many
DEFENSE people, raped in front of the husband, raped successively
by five men
tend to make the effects of the crime more humiliating
more severity
Example: Rapist gains entrance thru the window
fence and open the gate for him so that he may rob the
against persons.
house
Requisites:
to effect entrance.
Breaking is lawful in the following instances:
1.
2.
1.
2.
2.
1.
2.
CRUELTY
Physical suffering
1.
2.
RELATIONSHIP
Mitigating Circumstance
Aggravating Circumst
commit a felony)
INTOXICATION
a)
if its intentional
against chastity.
MITIGATING CIRCUMSTANCE
b)
confirmed
AGGRAVATING CIRCUMS
AGGRAVATING CIRCUMSTANCE