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THERE ARE OTHERS WHICH ARE FOUND ELSEWHERE IN THE PROVISIONS OF THE REVISED PENAL CODE:
No criminal liability No criminal liability Decreased criminal liability Increased criminal liability Increased or decreased liability
No civil liability With civil liability With civil liability With civil liability
Except: Except:
state of necessity 1)accident;
2) insuperable cause
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3. Defense of strangers
4. Defense of property
5. State of Necessity
6. Fulfillment of duty
ELEMENTS
1. Self defense 1. Unlawful aggression Cano v. People (2003)
2. Reasonable necessity of means 1. Conrado and his deceased brother Orlando were rivals
employed to prevent or repel it in the Rush ID Photo business.
2. Condrado borrowed the permit of the Orlando and had
3. Lack of sufficient provocation it photocopied without the latters permission.
on part of defender
3. The deceased confonted Conrado and tried to stab him
Never confuse unlawful aggression with a fan knife.
with provocation. Mere provocation is 4. The latter locked himself in the dark room of his booth
not enough. It must be real and to protect himself but was followed by the deceased and
imminent. they ended up attacking each other. The scuffle resulted
in the death of the Orlando.
Self-defense includes the defense of
ones rights, that is, those rights the Held: Conrados act of killilng his brother was attended by
enjoyment of which is protected by a justifying circumstance of self-defense. It was the
law. deceased who purposely sought and initially attacked
Orlando with a knife.
Retaliation is different from an act of
self-defense. The act of a person armed with a bladed weapon pursuing
another constitutes unlawful agression because it
Battered Woman Syndrome signifies the pursuers intent to commit an assault
with his weapon. There was also lack of sufficient
Battered Woman Syndrome is now also provocation on the part of Condrado. His act of
accepted as a valid defense. In People photocopying the permit of his brother without the
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Vs. Genosa, the court ruled that the latters permission can hardly be considered as
battered woman syndrome is provocation to merit so deadly an assault with a
characterized by a CYCLE OF bladed weapon.
VIOLENCE, which is made up of three
phases. People vs. Dijan
2) Second Phase: ACUTE 2. Ricky and his friends also went to sleep after some
BATTERING INCIDENT time. They had not laid down for long when he heard
characterized by brutality, stones being hurled at the roof of the house. Ricky saw
destructiveness, and sometimes death. Toledo stoning their house and asked him why he was
The battered woman has no control; doing the same.
only the batterer can stop the violence.
The battered woman realizes that she 3. Toledo did not answer but met Ricky at the doorstep of
cannot reason with him and resistance his house and without warning stabbed Ricky on the
would only worsen her condition. abdomen with a bolo which resulted to his death.
3) Third Phase: TRANQUIL PERIOD 4. Toledo defended himself by alleging that his bolo
characterized by guilt on the part of the accidentally hit the stomach of the victim and that he was
batterer and forgiveness on the part of able to prove all the essential elements of self defense.
the woman. The batterer may show a
tender and nurturing behavior towards Held: The Court ruled that it is an aberration for Toledo to
his partner and the woman also tries to invoke the two defenses at the same time because the
convince herself that the battery will said defenses are intrinsically antithetical. There is no
never happen again and that her such defense as accidental self-defense in the realm of
partner will change for the better. criminal law.
The court ruled that Toledo was not justified in
stabbing Ricky. There was no imminent threat in his life
necessitating his assault. Records reveal that there is no
unlawful aggression, a condition sine qua non for the
justifying circumstance of self defense, on the part of
Ricky. Ricky arrived at Toledos house unarmed. With no
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1. Unlawful aggression
1) Spouse
2) Ascendants
3) Descendants
4) legitimate, natural or adopted
Brothers/Sisters
5) Relatives by affinity in the same
degree
6) Relatives by consanguinity w/in
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Unlawful aggression;
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land to be saved, but the land of A contemplated suicide if she would not be discharged from
Exception: There is CIVIL was destroyed. The author of the act the hospital.
LIABILITY under this paragraph. is C, but C is not civilly liable because
They shall be liable in proportion he did not receive benefits. It was B 5. Ty was found guilty by the lower courts of 7 counts of
to the benefit which they may who was benefited, although he was violation of BP22.
have been received. not the actor. He cannot claim that it
was a fortuitous event. B will answer Held:The court sustained the findings of the lower courts.
only to the extent of the benefit The evil sought to be avoided is merely expected or
derived by him. If C who drove all of anticipated. So the defense of an uncontrollable fear of a
the goats is accused of malicious greater injury is not applicable. Ty could have taken
mischief, his defense would be that advantage of an available option to avoid committing a
he acted out of a state of necessity. crime. By her own admission, she had the choice to give
He will not be civilly liable. jewelry or other forms of security instead of postdated
checks to secure her obligation.
Moreover, for the defense of state of necessity to be
availing, the greater injury feared should not have been
brought about by the negligence or imprudence, more so,
the willful inaction of the actor. In this case, the issuance
of the bounced checks was brought about by Ty's own
failure to pay her mother's hospital bills.
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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 threa. Shooting him in the
head was obviously unnecessary.
1. Police Srgt Pomoy, went near the door of the jail where
Balboa was detained for robbery and directed the latter to
come out, purportedly for tactical interrogation at the
investigation room. At that time, petitioner had a gun, a
.45 caliber pistol, tucked in a holster which was hanging
by the side of his belt.
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1. Order must have been issued by 1. Pres. Marcos instructed Tabuena over the phone to
a superior pay directly to the Office of the President in cash what
MIAA owes
2. The order is for some lawful PNCC which later was reiterated in writing.
purpose
2. The Marcos memo indicated the amount of P55m for
3. The means used to carry it out partial payment of the obligation to PNCC.
must be lawful
3. In obedience to Marcos instruction, the accused
A subordinate is not liable for carrying withdrew the amount by means of 3 separate issuances of
out an illegal order of his superior, managers check and encashment in 3 separate dates as
if he is not aware of the illegality well.
of the order and
he is not negligent. 4. The money withdrawn were placed in peerless boxes
and duffle bags and delivered to the private secretary of
Marcos also in 3 separate days. According to the accused,
the disbursement was not in the normal procedure since
there were no vouchers supporting it and no receipt from
PNCC.
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(People vs. Formigones) 1. Fernando and his wife quarreled. In the heat of the
fight, the accused stabbed his wife causing her death.
Cases covered under this article:
2. The accused declared that he had no recollection of
Dementia praecox the stabbing incident.
Kleptomania: if found by a competent
psychiatrist as irresistible 3. Court ordered the accuseds confinement in a mental
Epilepsy institution where it was found that he was inflicted with
Somnambulism: sleep-walking schizophrenia. He was submitted to treatment for 2
(People Vs. Taneo) years, after which, he faced the charges against him.
Malignant malaria: which affects the
nervous system Held: The accused failed to prove that he was
completely deprived of intelligence in committing the
act. He did not show any signs of insanity prior to and
immediately after the act. He was only diagnosed of
schizophrenia months after the incident. Also, schizos
have lucid intervals.
2. Minority RA 9344 Juvenile Justice & Welfare Jose v. People (2005)
Act of 2006:
1. Jose, 13 yrs old was in a car with his cousin Zarraga,
1) 15 yrs old or below at the time when the latter inquired from the poseur buyer SPO1
of commission of offense: absolutely Guevarra if he could afford to buy shabu.
exempt from criminal liability but
subject to intervention program 2. When Guevarra replied in the affirmative Zarraga told
Jose to hand over the shabu. Jose gave the plastic
2) Over 15 yrs old but below 18: containing the shabu to Zarraga who handed it to
exempt from criminal liability & subject Guevarra.
to intervention program
3. The trial court convicted both Jose and Zarraga.
If acted w/ discernment: subject to
diversion program Held: Jose is acquitted. The prosecution failed to prove
beyond reasonable doubt that he acted with
3) Below 18 yrs are exempt from: discernment relative to the sale of shabu. Aside from
bringing out and handing over the plastic bag to
a) Status offense Zarraga, Jose merely sat in the car and had no other
participation in the transaction between his cousin and
the poseur buyer. There is no evidence that Jose knew
b) Vagrancy and Prostitution
what was inside the plastic and soft white paper before
and at the time he handed the same to Zarraga.
c) Mendicancy (PD1563)
3. Accident Elements: A person who is driving his car within the speed limit, People v. Concepcion (2002)
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(Damnum Absque while considering the condition of the traffic and the
Injuria) 1. A person performing a lawful act; pedestrians at that time, tripped on a stone with one of 1. Galang was brought to the barangay hall for
his car tires. The stone flew hitting a pedestrian on the questioning by Brgy Captain Capitli because of a quarrel
2. With due care; head. The pedestrian suffered profuse bleeding. There is at plaza.
no civil liability under paragraph 4 of Article 12.
3. He causes an injury to another by Although this is just an exempting circumstance, where 2. Concepcion arrived and fired his rifle twice or thrice
mere accident; generally there is civil liability, yet, in paragraph 4 of past the ears of Galang without injuring him.
Article 12, there is no civil liability as well as criminal
4. Without fault or intention of liability. The driver is not under obligation to defray the 3. Then Concepcion thrust the barrel of the gun against
causing it. medical expenses. the abdomen of Galang. There was an explosion and
Galang was shot in the thigh. At least 3 more shots
ACCIDENT were fired, hitting him in the chest. In his defense
something that happen outside the Concepcion claimed that the shooting was only
sway of our will and although it comes accidental.
about through some act of our will,
lies beyond the bounds of humanly Held: There was no accident. By Concepcions own
foreseeable consequences. testimony, the victim was unarmed. In contrast, he had
an armalite and a handgun. It is highly inconceivable
Under Article 12, paragraph 4, the that an unarmed man could pose bodily harm to
offender is exempt not only from another who is heavily armed. Concepcions gun
criminal but also from civil liability discharged several shots that hit vital parts of the
victim's body. As observed by the trial court, recklessly
appellant had put his finger on the trigger of his cocked
and loaded rifle. In that state, with the slightest
movement of his finger, the rifle would fire readily. And
it did not just once but several fires. Concepcion is
guilty of homicide.
4. Irresistible Force Elements: People v. Lising (1998)
1. That the compulsion is by means 1. Manalili asked Garcia to find someone who could
of physical force. arrest of Herrera the suspect of the killing of his
brother.
2. That the physical force must be
irresistible. 2. Garcia introduced Lising and they had an agreement.
Lisings surveillance group was at the Castanos
3. That the physical force must residence in the hope of spotting Herrera. The group
come from a third person saw a man and a woman (the victims) leave the
residence and followed them and were accosted. Later,
the bodies of the 2 were found.
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2. That it promises an evil of such 2. Defendants aver that these documents were signed
gravity and imminence that the under duress and fear of death.
ordinary man would have
succumbed to it. 3. They allege further that they were abducted by
thieves and that these men forced the defendants to
A threat of future injury is not enough. sign the documents
The compulsion must be of such a
character as to leave no opportunity Held: The duress under which the defendants acted
to the accused for escape or self- relieved them from criminal liability. Prosecution was
defense in equal combat. unable to prove the guilt of the accused and testimonies
of witnesses for the accused further corroborated their
defense.
6. Insuperable Or Elements: Person was arrested for direct assault at 5:00 pm after People v. Bandian (1936)
Lawful Causes government offices close. Art 125 RPC requires that a
1. That an act is required by law person arrested be delivered to judicial authorities within A woman cannot be held liable for infanticide when she
to be done; prescribed number of hours according to the gravity of left her newborn child in the bushes without being
offense. But complaint may only be filed the next day aware that she had given birth at all. Severe dizziness
2. That a person fails to perform when offices open. The circumstance of time of arrest and extreme debility made it physically impossible for
such act; may be considered as an insuperable cause. Bandian to take home the child plus the assertion that
she didnt know that she had given birth.
3. That his failure to perform
such act was due to some lawful or
insuperable cause
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DISTINCTIONS:
Ordinary MC Privileged MC
Can be offset by any Cannot be offset by
aggravating aggravating circumstance
circumstance
If not offset by The effect of imposing
aggravating upon the offender the
circumstance, produces penalty lower by one or
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1) Incomplete Justification
And Exemption INCOMPLETE JUSTIFYING CIRCUMSTANCE
Example:
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Basis to determine the gravity of offense in 4. When he was hit, Anthony ran but got
vindication entangled with a fishing net and fell on his back.
Dennis then mounted on him and continued
The question whether or not a certain stabbing him resulting to the latters death.
personal offense is grave must be decided
by the court, having in mind 5. Then Dennis left and slept at a grassy
the social standing of the person, meadow near a Camp. In the morning, he went
the place and to Estrera, a police officer to whom he
the time when the insult was made. voluntarily surrendered.
Vindication of a grave offense and passion or Held: The mitigating circumstance of having
obfuscation cannot be counted separately and acted in the immediate vindication of a grave
independently. offense is properly appreciated. Dennis was
humiliated, mauled and almost stabbed by the
Anthony. Although the unlawful aggression had
ceased when Dennis stabbed Anthony, it was
nonetheless a grave offense for which the Dennis
may be given the benefit of a mitigating
circumstance.
However, the mitigating circumstance of
sufficient provocation cannot be considered apart
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1. The accused acted upon an impulse. 1. A is courting B, a receptionist 1. While Edgar, Simon, and Jose are along a trail
in a beerhouse. C danced with B. leading to the house of Carlito Bates, the latter
2. The impulse must be so powerful that it A saw this and stabbed C. It was suddenly emerged from the thick banana
naturally produce passion or obfuscation in held that jealousy is an plantation surrounding the trail, aiming his
him. acknowledged basis of passion. firearm at Jose who was then walking ahead of
his companions.
Passion or obfuscation not applicable when: 2. A, a male classmate is
escorting B, a female classmate. 2. Jose tried to wrest possession of the firearm.
The act committed in a spirit of LAWLESSNESS. On the way out, some men While the 2 were grappling for possession, the
The act is committed in a spirit of REVENGE. whistled lustfully. The male gun fired, hitting Carlito.
classmate stabbed said men. This
The mitigating circumstance of obfuscation was held to be obfuscation. 3. At that instant, Marcelo Bates and his son
arising from jealousy cannot be invoked in Marcelo Bates, Jr., brother and nephew of
favor of the accused whose relationship with 3. When a man saw a woman Carlito, respectively, emerged from the banana
the woman was illegitimate. bathing, almost naked, almost plantation and attacked Jose hacking him several
naked, for which reason he raped times. Jose fell to the ground and rolled but
Passion and obfuscation may lawfully arise from her, such man cannot claim Marcelo and his son kept on hacking him.
causes existing only in the honest belief of passion as a mitigating
the offender. circumstance. Held: Passion and obfuscation may not be
properly appreciated in favor of the appellant. To
be considered as a mitigating circumstance,
passion or obfuscation must arise from lawful
sentiments and not from a spirit of lawlessness
or revenge or from anger and resentment. In the
present case, clearly, Marcelo was infuriated
upon seeing his brother, Carlito, shot by Jose.
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1. That the offender had not been actually 1. In a restaurant, Andrada scolded Cpl. Ugerio
arrested. while the latter was talking to a woman who
passed by their table.
2. That the offender surrendered himself to
a person in authority or to the latters agent. 2. Sgt. Sumabong, identifying himself as a PC
non-commissioned officer, advised Andrada to
3. That the surrender was voluntary. pay his bill and go home as he was apparently
drunk. Andrada left the restaurant.
2 Mitigating Circumstances Under This
Paragraph: 3. While Sgt. Sumabong was paying his bill, he
heard Cpl. Ugerio, seated about a meter away,
1. Voluntary Surrender To A Person In Authority Or moaning in pain. Sgt. Sumabong then saw
His Agents; Andrada hacking Cpl. Ugerio on the head with a
bolo.
2. Voluntary Confession Of Guilt Before The Court
Prior To The Presentation Of Evidence For The 4. As Sgt. Sumabong approached them Andrada
Prosecution. ran away. He was eventually arrested at a
waiting shed. Andrada invoked the mitigating
Whether or not a warrant of arrest had been circumstance of voluntary surrender.
issued immaterial and irrelevant.
The criterion is whether or not Held: Andrada, after attacking the victim, ran
the offender had gone into hiding away. He was apprehended by responding
and the law enforcers do not know of his officers at a waiting shed. For voluntary
whereabouts. surrender to be appreciated, the surrender
must be spontaneous, made in such a
manner that it shows the interest of the
accused to surrender unconditionally to the
authorities, either because he acknowledges his
guilt or wishes to save them the trouble and
expenses that would be necessarily incurred in
his search and capture. Here, the surrender was
not spontaneous.
8. Plea Of Guilt Elements: People v. Montinola (2001)
1. That the offender spontaneously 1. Montinola entered a plea of not guilty but
confessed his guilt; withdrew the same after the prosecution
Plea of guilty on appeal is not mitigating. presented 3 witnesses. When rearraigned, he
pleaded "guilty" to 2 charges.
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The physical defect that a person may have must If a person is deaf and dumb and
have a relation to the commission of the crime. he has been slandered, he cannot
talk so what he did was he got a
piece of wood and struck the
fellow on the head. The crime
committed was physical injuries.
The Supreme Court held that
being a deaf and dumb is
mitigating because the only way
is to use his force because he
cannot strike back in any other
way.
11. Illness Elements: A mother who, under the
influence of a puerperal fever,
1. That the illness of the offender must killed her child the day following
diminish the exercise of his will-power. her delivery.
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8) Aid Of Armed Men 2) SPECIFIC Those that apply only to particular crimes. Nos. 3
Or Means To Ensure (except dwelling), 15, 16, 17 and 21.
Impunity
3) QUALIFYING Those that change the nature of the crime. Art.
248 enumerates the qualifying AC which qualify the killing of
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10) Reiteration Or 4) INHERENT Those that must accompany the commission of the
Habituality crime and is therefore not considered in increasing the penalty to
be imposed such as evident premeditation in theft, robbery,
11)Price, Reward Or estafa, adultery and concubinage.
Promise
5) SPECIAL Those which arise under special conditions to increase
12)Inundation, Fire, the penalty of the offense and cannot be offset by mitigating
Poison circumstances such as:
quasi-recidivism (Art. 160)
13)Evident complex crimes (Art. 48)
Premeditation error in personae (Art. 49)
taking advantage of public position and membership in an
organized/syndicated crime group (Art. 62)
14)Craft, Fraud Or
Disguise
When there are several applicable qualifying aggravating
circumstances, only one will be deemed as such and the others
15)Superior Strength
will be deemed as generic.
Or Means To
Weaken Defense
Generic aggravating Qualifying aggravating
circumstances circumstances
16)Treachery
The effect of a generic AC, The effect of a qualifying AC is not
not offset by any mitigating only to give the crime its proper
17)Ignominy circumstance, is to increase and exclusive name but also to
the penalty which should be place the author thereof in such a
18)Unlawful Entry, imposed upon the accused situation as to deserve no other
to the MAXIMUM PERIOD. penalty than that specially
19)Breaking Wall, prescribed by law for said crime.
Floor, Roof
It is not an ingredient of the The circumstance affects the
20)With Aid Of Persons crime. It only affects the nature of the crime itself such that
Under 15 By Motor penalty to be imposed but the offender shall be liable for a
Vehicle the crime remains the same more serious crime. The
circumstance is actually an
21)Cruelty ingredient of the crime
The circumstance can be Being an ingredient of the crime,
22)Organized Or offset by an ordinary it cannot be offset by any
Syndicated Crime mitigating circumstance mitigating circumstance
Group
23)Use Of Drugs
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Agent
A subordinate public officer charged
with the maintenance of public order and
the protection and security of life and property,
such as barrio policemen, councilmen, and any person who
comes to the aid of persons in authority.
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If crime is committed
against the public authority
while in the performance of his duty,
the offender commits direct assault
without this aggravating circumstance.
3) With Insult Or Lack Four circumstances are enumerated in this paragraph, People vs. Ga, 156 SCRA 790
Of Regard Due To which can be considered singly or together.
Offended Party By If all the 4 circumstances are present, they have the Aggravating only in crimes against
Reason Of Rank, weight of one aggravating circumstance only. persons and honor, not against
Age Or Sex property like Robbery with homicide.
There must be evidence that in the commission of the crime,
the accused deliberately intended to offend or insult the People vs. Taoan, 182 SCRA 601
sex or age of the offended party. Teachers, professors, supervisors of
public and duly recognized private
1) RANK OF THE OFFENDED PARTY schools, colleges and universities, as
Designation or title used to fix the relative position of the well as lawyers are persons in
offended party in reference to others. authority for purposes of direct assault
There must be a difference in the social condition of the and simple resistance, but not for
offender and the offended party. purposes of aggravating circumstances
in paragraph 2, Article 14.
2) AGE OF THE OFFENDED PARTY
May refer to old age or tender age of the victim.
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Dwelling was considered aggravating on the part of the stabbed the wife to death. It was held
paramour. that dwelling was aggravating
However, if the paramour was also residing in the same although it is not owned by the
dwelling, it will not be aggravating. victim since she is considered a
member of the family who owns the
The offended party must not give provocation. dwelling and that place is where she
enjoyed privacy, peace of mind and
It is not necessary that the accused should have actually comfort.
entered the dwelling of the victim to commit the offense;
it is enough that the victim was attacked inside his own
house,
although the assailant may have devised means to
perpetrate the assault.
2. OBVIOUS UNGRATEFULNESS
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Elements:
Par. 2 Par. 5
Contempt or insult to Where public authorities are
public authorities engaged in the discharge of their
duties.
Public authorities are engaged in the performance of their duties.
Public duty is Public duty is performed outside of
performed in their their office
office
The offended party The public authority should not be the
may or may not be the offended party
public authority
6) Nighttime; These 3 circumstances may be considered separately
Uninhabited Place; when their elements are distinctly perceived and
With A Band can subsist independently,
revealing a greater degree of perversity.
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Aggravating:
1) NIGHTTIME
2) UNINHABITED PLACE
It is determined
not by the distance of the nearest house to the scene of the
crime
but whether or not in the place of the commission of the
offense, there was a reasonable possibility of the victim A is on board a banca, not so far away. B
receiving some help. and C also are on board on their
respective bancas. Suddenly, D showed
3) BAND up from underwater and stabbed B. Is
there an aggravating circumstance of
There should uninhabited place here? Yes, considering
the fact that A and C before being able
at least be four persons. to give assistance still have to jump into
the water and swim towards B and the
All of them should be armed time it would take them to do that, the
chances of B receiving some help was
and principals by direct participation. very little, despite the fact that there
were other persons not so far from the
This aggravating circumstance is absorbed in the circumstance of scene.
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7) On Occasion Of A The reason for the existence of this AC is found in the debased
Calamity form of criminality met in 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 to
despoil them.
Exceptions:
1. When both the attacking party and the party attacked were
equally armed.
Par. 6 Par. 8
By a band With aid of armed men
Requires more than three At least two armed men
armed malefactors
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1. Recidivism under Article 14 (9)The offender at the time of Is the accused a recidivist? NO.
his trial for one crime shall have been previously convicted by
final judgment of another embraced in the same title of the The subsequent conviction must
Revised Penal Code. refer to a felony committed later in
2. Repetition or reiteracion under Article 14 (9)The offender order to constitute recidivism. The
has been previously punished for an offense to which the law reason for this is as the time the first
attaches an equal or even greater penalty or for two or more crime was committed, there was no
crimes to which it attaches a lighter penalty. other crime of which he was convicted so
3. Habitual delinquency under Article 62 (5)The offender he cannot be regarded as a repeater.
within a period of 10 years from the date of his release or last
conviction of the crimes of serious or less serious physical
R Commission/Conviction R No RECIDIVISM
injuries, robo, hurto, estafa or falsification, is found guilty of any O O
1983
of the said crimes a third time or another. B B A cannot be deemed a
4. Quasi-recidivism under Article 160Any person who shall B T T B repeater because when
E H H E he was convicted for
commit a felony after having been convicted by final judgment R R the second crime, he
E E
before beginning to serve such sentence or while serving such Y F F Y was still considered
sentence shall be punished by the maximum period prescribed by T T innocent as to the first.
Commission Conviction
law for the new felony 1980 1984
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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 even during the
trial for the second crime
At the time of the trial means from the arraignment until
after sentence is announced by the judge in open court.
10)Reiteracion/ ELEMENTS:
Habituality
Reiteracion can be
1. That the accused is on trial for an offense;
appreciated in the
E SERVICE OF R trial for robbery.
S SENTENCE O
2. That he previously served sentence for another offense to
T B 1) Robbery carries
which the law attaches: A B a graver
F E penalty
a. an equal or A R 2) Sentence was
Y already served
b. greater penalty, or
for Estafa when
c. for 2 or more crimes to which it attaches the robbery
Conviction Commission
lighter penalty than that for the new offense; was committed
and
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Reiteracion or Habituality
it is essential that the offender be previously punished;
that is, he has served sentence.
Par. 10 speaks of
penalty attached to the offense,
not the penalty actually imposed
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conviction and so on
It is a generic aggravating Habitual delinquency is a
circumstance which can be special aggravating
offset by an ordinary mitigating circumstance, hence it cannot
circumstance. If not offset, it be offset by any mitigating
would only increase the penalty circumstance. Aside from the
prescribed by law for the crime penalty prescribed by law for
committed to its maximum the crime committed, an
period additional penalty shall be
imposed depending upon
whether it is already the third
conviction, the fourth, the fifth
and so on
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12)Inundation, Fire, Unless used by the offender as a means to accomplish a A and B were arguing about something.
Poison criminal purpose, One argument led to another until A
any of the circumstances in paragraph 12 struck B to death with a bolo. A did not
cannot be considered to increase the penalty or to change know that C, the son of B was also in
the nature of the offense. their house and who was peeping
through the door and saw what A did.
When another AC already qualifies the crime, Afraid that A might kill him too, he hid
any of these ACs shall be considered as generic aggravating somewhere in the house. A then dragged
circumstance only. Bs body and poured gasoline on it and
burned the house altogether. As a
Fire is not aggravating in the crime of arson. consequence, C was burned and
eventually died too.
Whenever a killing is done with the use of fire, as when you
kill someone, you burn down his house while the latter is inside, As far as the killing of B is
this is murder. concerned, it is homicide since it is
noted that they were arguing. It could
There is no such crime as murder with arson or arson with not be murder. As far as the killing of
homicide. The crime is only murder. C is concerned, it is arson since he
intended to burn the house only.
If the intent is to destroy property,
the crime is arson even if someone dies as a consequence.
If the intent is to kill,
there is murder even if the house is burned in the process.
3. A sufficient lapse of time between the determination and Is there evident premeditation in both US v. Manalinde
execution, to allow him to reflect upon the consequences cases? None in both cases. If the offender premeditated on the
of his act and to allow is conscience to overcome the killing of any person, it is proper to
What condition is missing to bring about consider against the offender the
evident premeditation? Evidence to aggravating circumstance of evident
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resolution of his will. show that between Monday and premeditation, because whoever is
Friday, the offender clung to his killed by him is contemplated in the
Evident premeditation implies determination to kill the victim, acts premeditation.
a deliberate planning of the act indicative of his having clung to his
before executing it. determination to kill B.
14)Craft, Fraud Or Involves intellectual trickery and cunning on the part of the People v. San Pedro
Disguise accused.
Where the accused pretended to hire
It is employed as a scheme in the execution of the crime. the driver in order to get his vehicle, it
was held that there was craft directed
Fraud to the theft of the vehicle, separate
Insidious words or machinations used from the means subsequently used to
to induce the victim treacherously kill the defenseless
to act in a manner driver.
which would enable the offender to carry out his design.
People v. Masilang
Fraud Craft
When there is a DIRECT The act of the accused done in There was also craft where after
INDUCEMENT by insidious order NOT TO AROUSE THE hitching a ride, the accused requested
words or machinations SUSPICION the driver to take them to a place to
visit somebody, when in fact they had
Craft and fraud may be already planned to kill the driver.
absorbed in treachery if they have been deliberately
adopted as the means, methods or forms for the
treacherous strategy, or
they may co-exist independently where they are adopted
for a different purpose in the commission of the crime.
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Disguise
Resorting to any device to conceal identity.
Vs. by a band :
In the circumstance of abuse of superior strength, what is
taken into account is
not the number of aggressors nor the fact that
they are armed
but their relative physical might vis--vis the
offended party
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16)Treachery Treachery A and B have been quarreling for some People vs. Ilagan
(aleviosa) time. One day, A approached B and
Employment of means, methods and form in the commission of befriended him. B accepted. A proposed Suddenness of the attack does not by
the crime that to celebrate their renewed itself constitute treachery in the
which tend directly and specially to friendship, they were going to drink. B absence of evidence that the manner
ensure its execution was having too much to drink. A was just of attack was consciously adopted by
without risk to himself arising from the defense which the waiting for him to get intoxicated and the offender to render the victim
offended party might make. after which, he stabbed B. defenseless.
The essence of treachery is that A pretended to befriend B, just to People vs. Gupo
by virtue of the means, method or form employed by the intoxicate the latter. Intoxication is the
offender, means deliberately employed by the Treachery is not appreciated where
the offended party was not able to put up any defense. offender to weaken the defense of quarrel and heated discussion
If the offended party was able to put up a defense, even the other party. preceded a killing, because the victim
only a token one, there is no treachery. If this was the very means would be put on guard.
Instead, some other aggravating circumstance may be employed, the circumstance may be
present but it is no longer treachery. treachery and not abuse of superior People vs. Toribio
strength or means to weaken the But although a quarrel preceded a
defense killing where the victim was atop a
Rules Regarding Treachery coconut tree, treachery was
considered as the victim was not in a
1. Applicable only to crimes against persons. position to defend himself.
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Unlawful entry is
inherent in the crime of trespass to dwelling and robbery
with force upon things
but aggravating in the crime of robbery with violence against
or intimidation of persons.
19)Breaking Wall, To be considered as an AC,
Floor, Roof breaking the door must be utilized
as a means to the commission of the crime.
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Cruelty
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Ignominy Cruelty
shocks the moral conscience of physical
man
refers to the moral effect of a refers to the physical
crime and it pertains to the suffering of the victim so he
moral order, whether or not the has to be alive
victim is dead or alive
Other Aggravating
Circumstances
1) Organized Or (Art. 62, RPC)
Syndicated Crime
Group Special aggravating circumstance
2) Use Of Drugs Under the Dangerous Drugs Act of 2002 (Section 25),
notwithstanding the provisions of any law to the
contrary,
a positive finding for the use of dangerous drugs shall
be
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Relationship considered: In the case of an accessory who is related to the 1. 11-year-old Regina lives with her grandmother.
principal within the relationship prescribed in 2. Atop is the common-law husband of her
a. Spouse Article 20; grandmother.
b. Ascendant 3. Atop was found guilty of 4 counts of rape which
c. Descendant Also in Article 247, a spouse does not incur criminal was committed in 1993 (2x), 1994 and 1995. The
d. Brother liability for a crime of less serious physical lower court took into account the Aggravating
e. Sister injuries or serious physical injuries if this was Circumstance of relationship.
f. Relative by Affinity inflicted after having surprised the offended Held: The law cannot be stretched to include
spouse or paramour or mistress committing persons attached by common-law relations. In this
(SADBSA) actual sexual intercourse. case, there is no blood relationship or legal bond that
links Atop to his victim.
Those commonly given in Article 332 when the
crime of theft, malicious mischief and swindling
or estafa.
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a. because of the alcoholic intake of the offender, Held: Intoxication is mitigating if accidental,
b. he is suffering from diminished self-control. not habitual nor intentional, that is, no subsequent to
c. It is not the quantity of alcoholic drink. the plan to commit the crime. It is aggravating if
d. Rather it is the effect of the alcohol upon the habitual or intentional. To be mitigating, it must be
offender which shall be the basis of the indubitably proved. A habitual drunkard is one given
mitigating circumstance. to intoxication by excessive use of intoxicating drinks.
The habit should be actual and confirmed. It is
2. That offender is unnecessary that it be a matter of daily occurrence. It
a. not a habitual drinker and lessens individual resistance to evil thought and
b. did not take alcoholic drink with the intention to undermines will-power making its victim a potential
reinforce his resolve to commit crime evil doer.
The intoxication of the appellant not being
WHEN AGGRAVATING: habitual and considering that the said appellant was
in a state of intoxication at the time of the
1. If intoxication is habitual commission of the felony, the alternative
circumstance of intoxication should be considered
2. If it is intentional to embolden offender to mitigating.
commit crime
3) Degree of Instruction/ Refers to the
Education lack of sufficient intelligence of and knowledge of
the full significance of ones act
To be considered,
degree if instruction must have some
reasonable relation to the offense
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Not a bar to the The accused must be defendant into the commission of the offense and
prosecution and acquitted because the become co-principals themselves. It has been held in
conviction of the offender simply acts as numerous cases by this Court that entrapment is
lawbreaker. a tool of the law sanctioned by law as a legitimate method of
enforcers apprehending criminal elements engaged in the sale and
distribution of illegal drugs.
2) Pardon General Rule:
Except:
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4) Acts Not Covered By Article 5 covers two situations: People v. Veneracion (1995)
Law And In Case Of
Excessive 1. The court cannot convict 1. The accused was found guilty of the crime of Rape
Punishment the accused because the acts do not constitute with Homicide.
a crime. The proper judgment is acquittal, but the
court is mandated to report to the Chief 2. The instant petition raised the issue whether or not
Executive that said act be made subject of the respondent judge acted with grave abuse of
penal legislation and why. discretion when he failed or refused to impose the
mandatory penalty of death under RA 7659
2. Where the court finds
the penalty prescribed for the crime too harsh Held: The law plainly and unequivocally provides that
considering the conditions surrounding the when by reason or on the occasion of rape, a homicide
commission of the crime, the judge should impose is committed, the penalty shall be death. Courts are not
the law the judge should impose the law. The most concerned with wisdom, efficacy or morality of law. The
that he could do is recommend to the Chief discomfort faced by those forced by law to impose
Executive to grant executive clemency. death penalty is an ancient one, but it is a matter
upon which judges have no choice. The Rules of
Court mandates that after an adjudication of guilt, the
judges should impose the proper penalty and civil
liability provided for by the law on the accused.
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