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Criminal Law FUNDAMENTAL PRINCIPLES AND FELONIES

Bar 2011 Notes


Roland Glenn T. Tuazon Preliminary
Ateneo de Manila University What is the nature of felonies?
o All felonies in RPC are public wrongs, as
distinguished from private wrongs, the latter of
which is just a breach of duty or contract of two
TABLE OF CONTENTS: private parties.
1. FUNDAMENTAL PRINCIPLES AND FELONIES o Although the State has power to prosecute
2. CIRCUMSTANCES AFFECTING LIABILITY persons for private crimes, the law gives the
3. PERSONS CRIMINALLY LIABLE victim the privilege of not instituting actions for
4. PENALTIES private crimes: adultery, seduction, abduction,
5. MODIFICATION AND EXTINCTION OF CRIMINAL LIABILITY etc. There must be a complaint initiated by the
6. AGAINST NATIONAL SECURITY offended party.
7. AGAINST FUNDAMENTAL LAWS OF THE STATE Ratio: to protect the latter from shame
8. AGAINST PUBLIC ORDER and humiliation.
9. AGAINST PUBLIC INTEREST Rape is no longer a private crime. (Art.
10. RELATIVE TO OPIUM AND OTHER DRUGS 344 of RPC) it is now a crime against
11. AGAINST PUBLIC MORALS persons.
12. COMMITTED BY PUBLIC OFFICERS Under RA 8353, the marriage of the
13. AGAINST PERSONS offender and the offended party will
14. AGAINST PERSONAL LIBERTY AND SECURITY extinguish criminal liability of the
15. AGAINST PROPERTY accused.
16. AGAINST CHASTITY Can there be common law crimes in the
17. AGAINST CIVIL STATUS Philippines?
18. AGAINST HONOR o No. There are no common law crimes in the
19. CRIMINAL NEGLIGENCE Philippines. Nullum crime nulla poena sine
ANNEX I: CIVIL INDEMNITY RATES lege.
What are the sources of criminal law?

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o RPC, SPL, municipal ordinances. redeeming the individual for social ends. Not
What about administrative regulations? May just retribution, but reformation.
these partake of nature of criminal law? What is the principle of generality?
o YES. o Art 14 of the NCC: Penal laws apply to all
o Requisites: those who live or sojourn in the Philippines,
1) Violation of admin regulation must be subject to international law or treaty
made a crime by the delegating statute stipulations.
2) Penalty for violation must be provided o How does international law become
by the statute itself. domestic law, under the 1987 Constitution?
Are judicial decisions by the SC penal laws? Transformation requires that the I-law
o No. be transformed into domestic law; ex.
o Article 8 of NCC: judicial decisions interpreting local legislation
the Constitution form part of the legal system of Incorporation international law is part
the Philippines. But decisions of the SC of the law of the land.
interpreting criminal statutes are not penal laws Immunities from criminal prosecution by certain
per se they are merely interpretative. individuals:
What are examples of laws in Philippine criminal o 1. Covered by the VCDR or exempted by
law that follow the positivist theory? treaties/laws or preferential application
o 1. ISL Principle is par in parem non habet
The ISL was approved to uplift and imperium suing them is tantamount to
improve human life. Not focused on the suing the State they represent
person as a criminal, but the law takes Who are the diplomats covered?
into account economic usefulness of Classified into four:
offender and excessiveness of A) ambassadors, ambassadors
deprivation of liberty. extraordinary
o 2. Habitual delinquency law B) ministers and papal
o The State is concerned not just with protective internuncios
social order against criminal acts, but also C) ministers-residents
D) charges-de-affaires

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This principle is inviolable; they are not Except: immunity does not cover suits
subject to local penal laws. They are in personal and private capacity as an
immune from arrest and prosecution for ordinary citizen
violation for local laws. Liang: The RP and ADB entered
But one may be temporarily restrained if into an agreement under which
he commits acts that threaten public officers and staff members enjoy
order. The State may simply request for immunity from legal processes
recall of the diplomat he will still not be and prosecution, with respect to
prosecuted locally. acts performed in their official
X is a citizen of Iran, but is also an capacity, except when the bank
honorary consul. He was caught in waives the immunity. In this
possession of drugs. Is he exempt case, the ADB officer committed
from prosecution? grave oral defamation, which is
No. A consul is not exempt from ultra vires. He is not immune.
criminal prosecution for violation This is not covered by immunity
of the penal laws of a country because he was not performing
where he is assigned to. He is his duty.
not entitled to any immunity or o 2. RA 7055 Members of the AFP and officers
diplomatic privileges under the charged with service-connected offenses
VCDR. The nature of the job of Who are officers and members of the
consuls, vice-consuls, or consuls- AFP?
general is commercial in nature. Article 1: members of AFP, those
Exception: when there is an subject to military law, members
agreement between the of the Citizens Armed Forces
Philippines and the sending Geographical Units (CAFGU)
country. But the exemption is not What is the general rule?
based on the nature of his Civilian courts have jurisdiction
position. over crimes committed by
members of the AFP.

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EXCEPTION: service-connected immunity, even if he took part in such
offenses (provided in RA 7055) crime. Sec 261 of OEC.
fall under courts-martial P.D. 749 immunity granted to those
Civilian court determines before furnishing information re: violation of
arraignment whether the crime is bribery, indirect bribery, corruption of
service-connected public officers
Is it possible for a service- Art. 2: territoriality principle
connected crime to be tried by
What is covered by the territory of the
civilian courts?
Philippines?
YES. The President, before
o Phil. archipelago, atmosphere, interior waters,
arraignment, in the interest of
maritime zone
justice, may refer the crime to a
UNCLOS
civilian court as long as it is
o Territorial sea is up until 12 nautical miles
covered by the RPC or any other
o Contiguous zone: up until 24 nautical miles
SPL.
States may exercise control even within
What about Members of the PNP?
this area to prevent and punish
They are covered by RA 6975.
infringement of customs, immigration,
Civilian courts have jurisdiction
fiscal, sanitary laws within territory or
over them because the PNP is
territorial seas
civilian in character.
What are the exceptions to the territoriality rule of
o 3. Immunity under law/transactional immunity
criminal law?
Transactional immunity is statutory
o 1. Commission of an offense in a Philippine
immunity from criminal prosecution as
ship or airship
granted by law
But technically this is not an exception,
Omnibus Election Code one who
because Philippine ships or airships are
reports to the COMELEC any incident of
part of Philippine territory
vote buying or vote selling, and he
Nationality of the ship depends on its
testifies for prosecution: he is entitled to
registration

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o 2. Forging or counterfeiting Philippine coins or There was an English vessel in Phil. territory, not
notes or government securities in transit. Accused was smoking opium on the
o 3. Introduction into the Philippines of the ship.
forged/counterfeited notes, coins, or o HELD: Convicted. The SC followed the
government securities English rule, because he was smoking within
Rationale for #2 and #3: to protect Phil. territory. This had pernicious effect on
economic security of the Philippines Phil. territory (disturbs the peace) so it was
o 4. Public officers and employees who commit not a matter of mere internal management of
an offense in the exercise of their duties the vessel.
o 5. Commission of any of the crimes against A person in a Philippine ship in Vietnamese
national security and the law of nations waters got drunk and shot three people. He was
i.e. treason, espionage, provoking or not prosecuted in Vietnam. Can the Philippines
disloyalty during war, piracy, mutiny prosecute him?
Purpose of penal laws involving national o Yes, the Philippines may exercise jurisdiction.
security is to protect the domestic order Although following the English rule, which we
and crimes against national and adhere to, it must be Vietnam that exercises
economic security of the Philippines. jurisdiction, since Vietnam did not exercise
The law is designed to protect not only jurisdiction, there is nothing preventing the
the national and economic security of Philippines from deviating from English rule.
the country, and should reach beyond o Rule: the territorial State has priority. If it fails
the boundaries of the Philippines, to do so, the Philippines may act under Art. 2.
wherever they may be found. In the D.D.A., mere attempt to transport marijuana
Differentiate the English from the French rule: is a crime. Can Philippine officials board the
o English (territorial) the territorial State has vessel to prosecute those on board?
jurisdiction, except when it merely concerns o General rule: the ship cannot be boarded. But
internal management of the vessel. the UNCLOS said that the criminal law of a
o French (flag) the flag of registration has State may not be enforced on board the vessel
offense, as long as it does not disturb the to prosecute individuals, except if measures
peace. are necessary to suppress illegal traffic of

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narcotic drugs in a commercial vessel that For felonies by dolo, one is not
passes by the territorial sea. criminally liable if there is no criminal
What is the nature of the high seas? intent.
o Free for all. What about culpa?
o Is it possible that a crime was committed o Not intent, but negligence, imprudence, lack of
beyond the territorial sea, but yet, when the foresight, or lack of skill
vessel enters Phil. territorial sea, can it be May someone be held criminally liable for crimes
prosecuted? of omission?
Yes, if it is a continuing crime. o YES. The following must concur:
o Can Philippines legislate on crimes 1. There is a positive duty provided by
applying to the high seas? law
Yes, for instance, P.D. 532 Piracy. 2. Accused acted voluntarily to not do a
o Pirates wanted to unload the oil from a positive duty
vessel. They boarded the ship within Phil. 3. Criminal intent in refusing to do it
Waters, which went to Singapore, and o Examples: misprision of treason, prevaricacion
unloaded the oil to another vessel in the (Art. 208 of RPC), fraud on treasury
high seas. Can they be prosecuted here? What is mistake of fact and its implications?
Yes, they can be prosecuted for piracy o Recall: People v. Achong.
even if the crime was committed in o If there is mistake of fact, then there is no
Singapore, because the crime began in criminal intent. One is not culpable for dolo.
the Philippines. It continued to o The one invoking it must act with good faith.
Singapore. o If he acts with negligence, such as when he is
Art. 3: felonies negligent in ascertaining the true state of facts,
he may be liable for felony by culpa.
What are the two components of felonies by dolo?
o Not a valid defense for felony by culpa or by
o 1. Act and omission punishable by law
SPL.
(physical act)
What is abberatio ictus and what are its
o 2. Mens rea (intent)
implications?

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o This is mistake in the victim of the blow. There Circumstance Common or usual
is still criminal liability, which is generally implication
increased (because it either becomes a Mistake of fact Not culpable
complex crime or two separate crimes Abberatio ictus Complex crime
against the intended and the real victim).
Error in personae No change; or maximum
o Can treachery apply to abberatio ictus? period of the lesser offense
Yes, because if the accused fired at his
Praeter intentionem Mitigating
intended target but missed, the victims
are helpless to defend themselves.
What is error in personae and its implications? What is the rule on specific intent felonies?
o This is mistake in the identity. It may or may o In specific intent felonies, the prosecution must
not lower criminal liability depending on the prove beyond reasonable doubt the specific
crime committed and if the intended crime is of intent. But sometimes, specific intent may be
equal or different gravity. presumed.
o Ex. X intended to kill Y, but instead killed his Ex. intent to kill must be proved. One
father, Z by mistake. Instead of homicide, it can presume this, for instance, from the
became parricide. In this case, Art. 49 will mere fact that the victim died from a
govern: error in personae becomes mitigating deliberate act. But for attempted or
(apply maximum period of homicide as frustrated homicide, intent to kill is not
penalty). presumed and must be proved.
What is praeter intentionem and its implications? Ex. intent to gain in theft. One is found
o The accused did not intend to commit so grave in possession of recently stolen property
a wrong as that committed. This is a mitigating there is a presumption.
circumstance under Art. 13. o Criminal intent can be presumed from the
o But if the means used to commit the desired commission of a delictual act.
crime would also logically and naturally bring Must motive be proved for dolo?
about the actual felony, praeter intentionem o Not in general. Motive is not an essential
does not apply. element of crime. But there are instances

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where motive is a prerequisite to conviction of o Does mistake in the identity of the victim
accused. constitute reckless imprudence?
Political crimes If the crime No. Mistake in identity is not culpa.
committed, for instance murder, is in Ex. Policemen were trying to arrest an
pursuance of political motive in rebellion escapee, and they saw a man sleeping.
or coup detat, it is absorbed by the They thought the man was the escapee.
crime. HELD: The felony was dolo, not culpa,
Death by exceptional circumstances because the killing was deliberate.
killed wife and paramour who were o May there be a crime of frustrated homicide
having sexual intercourse. Not through reckless imprudence?
criminally liable for homicide, if motive is No. Frustrated homicide requires intent
to avenge dishonor. But if he killed the to kill. This is incompatible with
wife for some other motive, and not due recklessness, negligence, or
to exceptional circumstances, then he is imprudence.
criminally liable. o Can there be conspiracy resulting from
o Motive, however, is useful when there is doubt negligence?
whether the accused committed the crime or There can be no conspiracy resulting
as regards the identity of the accused from negligence, because conspiracy is
When is criminal intent not needed to commit a the product of deliberate agreement
crime? evincing intent.
o 1. Culpa o If the information charges an intentional
o 2. Crimes malum prohibitum felony but what is proved is culpable
Is reckless imprudence under 365 a felony under felony, can the accused be convicted?
Art. 3? Yes, because the greater includes the
o Yes. It is a quasi-offense. lesser offense
o Note the difference: Under Art. 3, culpa is o Can more than one person be liable for
mode of committing a crime, while in Art. 365, killing the same person, one by dolo and
culpa itself is the crime punished, thus it is a one by culpa?
felony. Yes.

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3 people went to carnival. X was immoral and wrong to tamper with
mentally challenged. Y poured gasoline election results.
on X. Z lit a match and burned X. Give examples of SPLs that are malum
HELD: Y who poured gasoline was prohibitum:
liable for reckless imprudence resulting o A. Possession of unlicensed firearm.
in homicide. He should have anticipated But mere transient possession in RA
that after pouring gasoline, someone 8294 is not a crime: there must be intent
could light a match lack of foresight. Z to possess, not mere possession.
is liable for felony by dolo deliberate Can the use of unlicensed firearm be
act. (P v. Pugay) an aggravating circumstance?
Are crimes punishable by SPLs automatically Yes. RA 8294 provides that it is
crimes malum prohibitum? an aggravating circumstance.
o Not all. Some can be malum in se. o B. Violation of Trust Receipts law
o A. Plunder is malum in se, for three reasons: o C. Anti-fencing Law
1. Although defined by SPL, it is malum No need to prove intent to gain
in se because the crimes constitutive of Can one be liable for both a felony and a SPL for
plunder are mala in se. Under the law, one delict?
mitigating and extenuating o Yes.
circumstances are applicable to plunder. o Ex. One issued a check for a transaction which
2. The predicate crimes are punishable bounced. Liable for BP 22 AND liable for
by RP to death. estafa.
3. Plunder is inherently immoral and o Ex. One pretended to be a licensed recruiter.
wrong. Liable for both illegal recruitment and estafa.
o B. Sec. 27B of the Omnibus election code: a Can one be liable for crime defined by SPL,
member of the BEI who tampers with election commit another felony and then become liable for
results. a special complex crime?
The crime is malum in se, although the o Yes. The anti-carnapping law (RA 6539). If
crime is defined by SPL. It is inherently the offender kills the driver or occupant to take

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the car, he is guilty of special complex crime of The cause, which in its natural and
carnapping with murder. continuous sequence, unbroken by any
May a felony by dolo or culpa absorb a crime efficient intervening cause, produces the
which is malum prohibitum? injury and without which the result would
o No, a felony by dolo or culpa cannot absorb a not occurred
malum prohibitum crime. And that cause may cause another thing
Two persons went to the public forest and cut to occur, which produces the injury
timber, which is a violation of the Forestry Code. o Which circumstances do not affect the
They were convicted, on basis of conspiracy. The existence of proximate cause?
court ruled that they were guilty to conspire to 1. Pre-existing condition of the victim
violate the Forestry Code. Is the SC decision (pathological)
correct? Can there be conspiracy to commit 2. Negligence of doctor
malum prohibitum? 3. Refusal to get medical help or delay
o No. The SC is wrong. Under Art. 8, they must in getting it
agree to commit a crime (felony). Thus, this o When is something not the proximate cause
does not apply to malum prohibitum. (Tigoy v. of the effect?
P) 1. There is an active force that
Art. 4: felonies and impossible crimes intervened between the felony
committed and the death of the victim,
Par.1 natural and logical consequence of felonies 2. The resulting injury or damage is the
What is the rule on liability for those who have intentional act of the victim.
committed a felony? Examples where even if the resulting wrongful act
o That person is liable for natural (ordinary was different from the offenders intention, he is liable
course of things) and logical (reasonable for that resulting act
connection) consequences of his criminal act o Inserted vibrator in anal orifice of victim. It was
o The act must be the proximate cause of the rusty so the victim died (Complex crime of
effect. sexual assault with homicide under RA 8353)
o What is proximate cause? o Accused robbed a store and to shut up the
woman inside, he jammed a pan de sal in her

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mouth. She died by asphyxiation. Convicted An accused committed reckless imprudence, and
of robbery with homicide. due to this, two people died. Can he be
o The kidnap victim died from a heart attack due prosecuted for reckless imprudence resulting to
to fear. The accused is liable for kidnapping double homicide? May reckless imprudence
with homicide. result into a complex crime?
o Accused robbed victim of belongings, the o YES, because reckless imprudence is a felony
victim ran away and jumped in the river. She under Art. 3 and Art. 48 talks about felonies as
drowned. Accused is liable since he created a component crimes.
sense of fear in the mind of the victim. What is the relevant presumption under Rule 131,
o Even if the doctor is negligent, but the accused Sec 5(c) of the Rules of Evidence?
inflicted mortal wounds on the victim, the o A person is presumed to contemplate the
negligence of the doctor is NOT an active ordinary consequences of his acts, and expect
intervening force that exculpates the accused. those.
But there are times the doctors acts are But intent is an internal act. How do you
exculpatory. determine this?
Ex. Victim was brought to the hospital, o Through circumstances of the case.
but the doctor was so intoxicated, he Does Art. 4, par. 1 regarding liability for natural
gave the victim poison instead of and logical consequences apply to culpable
medicine. The doctor was liable. felonies?
Is it possible that two persons are liable for the o No.
death of the same person even if there is no o Par. (1) is specific: it refers only to delitos.
conspiracy? o NOTE: Boado has a different opinion, noting
o Yes. Two persons went to a bar, did not know that delitos means felony in general, which
each other, and sat on different tables. They can include culpable felonies. The classic
saw an annoying person. One person stabbed example she gives is person X jumping off a
him. The other, not knowing that the first one building to commit suicide, but does not die
stabbed him too, stabbed him again. Both because he lands on Y, who dies. X is liable
wounds were mortal. for the death of Y even if committing suicide is
o Both are liable for homicide. not a crime per se.

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What will apply to culpable felonies? Offender accepted goods which
o Article 365 of the RPC applies. he believed to have been stolen,
o The offender is liable for whatever damage or but which were not, in fact stolen
injury caused by him. Offender offers a bribe to
Par. 2 impossible crimes someone he believes is a public
officer, but is in fact not
What are the elements of an impossible crime?
Offender believed his gun was
o 1. The offender performed an act which would
loaded, pointed it as his wife, and
be an offense against persons or property
pulled the trigger. But it was
o 2. He performed the act with criminal intent
empty.
o 3. Accomplishment of the act is inherently
Intod v. CA fired guns into
impossible or the means employed were
empty bedroom, because the
inadequate or ineffectual
intended victim was out of town
Differentiate factual or physical impossibility
Jacinto v. P Sales agent,
from legal impossibility:
instead of turning over the check
o Factual or physical impossibility
to employer, gave it to a relative.
There is intent and performance but no
The check bounced. HELD:
accomplishment due to extraneous
impossible crime, because at the
circumstances that makes
time the petitioner stole the
accomplishment impossible.
check, there were no funds in the
The factual condition must be unknown
bank. (Problem with this case:
to the offender.
What about postdated checks?
What if the person knew the factual
Does not the check (paper) itself
condition?
have some value?)
There is no crime and there is no
o Legal impossibility
impossible crime.
There is intent and performance of a
Examples:
crime, but the consequence could not
result into a crime.

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Even when completed, it would not Art. 5: Duty of courts to report
amount to a crime. When does the courts duty to report to the
Ex. Stole a watch that turned out to be President, through the DOJ, apply?
his. o 1. Acts which are not punishable by law, but
Ex. Offender saw a naked woman lying should be
on the beach. He inserted his penis into o 2. Clearly excessive punishment
his vagina. It turned out she was dead. o N.B. in these cases, the court must still render
Impossible crime, because you cannot the proper decision notwithstanding the report.
rape a dead person. Remedy is executive clemency, in case
Is an impossible crime a crime? of excessive penalties.
o No. But it is still punished because the law The court can simply recommend, but
intends to punish criminal not impose clemency, because its still
inclinations/tendencies. the Executives prerogative.
What is the penalty for impossible crimes? Article 5 does not apply to crimes defined by SPL,
o Under Art. 59 of the RPC, the imposable because of the use of the words degree of malice,
penalty for impossible crime is arresto mayor etc.
(correctional penalty). This brings to mind B.P. 22, in relation to A.C. 12-
o What is the potentially inequitable situation 2000, as clarified by A.C. 13-2001:
arising from this penalty? o S.C. noticed that people are using the courts
Supposing I saw a person on a bed, as collection agencies and are clogging up
and I punched him. He sustained slight dockets
PI. But he turned out to be dead, so it o So S.C. issued a circular dissuading people
was an impossible crime. from filing B.P. 22, and for judges to just
Under Art. 266(3) of the RPC the impose fines
penalty is arresto menor for slight PI. A.O. 08-2008, issued 25 Jan. 2008
But for an impossible crime, the penalty o Libel imposable penalty is imprisonment or
is arresto mayor. So if that person were fine
alive, the penalty would be less than if o According to the S.C., preference is fine over
he were dead! imprisonment

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Art. 6: Stages of consummation yet. At most, its attempted
When is a crime consummated? trespass.
o When all the acts necessary for its It can be the first of a series of acts that
accomplishment and execution are present. would produce the intended crime, as
o The accused has reached the objective stage long as the intended crime is
of the offense as he no longer has control of established or known
his acts, having performed all that is necessary Differs from preparatory acts, which are
to accomplish the purpose. just means or measures necessary to
In general, all the felonies in Book II are produce the desired end.
consummated crimes. What is the exception? Ex. surveillance
o Attempted or frustrated robbery with homicide Ex. buying poison
Why do we punish attempted stages? Ex. conspiracy and proposal,
o Attempts are punished because there is just as unless the law punishes the
much need to reform a person who has conspiracy/proposal per se
unsuccessfully attempted to commit a crime o 2. But offender did not complete all acts of
What are the elements of an attempted crime? execution to produce the felony
o 1. Commenced execution directly, by overt Still at the subjective phase of the
acts commission of crime still has full
There must be an overt, external act control of acts, and has not completed
and there is crime intended to be the needed acts yet
committed o 3. Due to cause or accident other than
There is direct connection to crime spontaneous desistance
intended to be committed must have Is he is still in the subjective phase
an immediate and necessary and he desists from committing the
connection. crime, is he liable?
Ex. Merely opening a hole in the NO. He is not liable.
wall of a bank is not yet The reason for desisting need not
attempted robbery because there be legal or moral. It could be
is no overt act evincing robbery
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remorse or fear as long as he It is not the mere entry; the SC said that
desists voluntarily. the entry must be in relation with the
But if he desists during the intent to have carnal knowledge of the
objective stage, there is no woman
exculpation If it is just in the mons pubis just
But may he be liable for any other attempted. (Bombardment of the
felony already committed apart from drawbridge, even if the troops do not
that desisted from? successfully enter the castle. If no
Yes. intent, just acts of lasciviousness.)
What are the elements of a frustrated crime? o 2. Sexual assault
o 1. All the acts of execution needed to produce By analogy
the felony are present o 3. Robbery
So in the same way, the objective stage One is liable for consummated robbery if
has been reached one takes possession of the personal
o 2. But it was not produced by reason of causes property of the other, however brief it
independent of the perpetrators will may be.
When does frustrated homicide/murder exist? o 4. Theft
o It is not enough to wound the other person. No more frustrated theft, under same
The wound inflicted must be mortal. If it is not ratio: no need to have disposed of
mortal, then it is a mere attempt. stolen property
o Even if the accused believed that he inflicted a o 5. Adultery
mortal wound, but he did not, it is merely Essence of the crime is sexual
attempted, not frustrated. The nature of the congress: so same principle as in rape
wound controls, not the belief of the person. applies
What are crimes where no frustrated stages exist? o 6. Felonies by omission
o 1. Rape No attempted or frustrated stage
As long as the penis enters the labia o 7. Falsification of public document
majora, it is already consummated

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There is no attempted or frustrated Is there attempted or frustrated culpa?
falsification of public document unless o No.
the falsification is so imperfect. What if what was charged was the frustrated
o 8. Arson stage and only the attempted crime was proved.
The moment burning occurs, even for a Can an accused be convicted?
small portion only, the offense is o Yes, the frustrated stage necessarily includes
consummated the attempted stage. Same with consummated
All overt acts prior to burning: attempted crimes and attempted/frustrated stages.
stage Art. 7: light felonies
o 9. Corruption of public officials
When the offer is accepted by the public What are light felonies?
officer, then the offense is o Those infractions of law where the penalty is
consummated arresto menor or fine not exceeding 200 pesos
When the offer is rejected, then it is just When are light felonies punishable?
an attempt o Only when they have been consummated
What are formal crimes? o Except those against persons or property
o Those that are always consummated because Who are punishable for light felonies?
the offender cannot perform all the acts o Only principals and accomplices.
necessary to consummate the offense without o Accessories are not liable because light
consummating it. felonies are punishable with arresto menor and
o Examples of formal crimes? accessories are penalized two degrees lower
1. Physical injuries than the principal, which is non-existent in this
Since their punishment is based case.
on result and gravity of injury How do you categorize reckless imprudence
2. Slander resulting into slight PI?
The moment the words are o The crime of reckless imprudence is a light
uttered and heard by third felony, under the last paragraph of Art. 9 of the
persons, the crime is RPC. Punishable only by public censure.
consummated.

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Art. 8: conspiracy and proposal o But it can be proved by indirect proof, such as
inferences from acts of the accused before,
When is there conspiracy? during, and after the commission of the crime.
o When two or more persons come to an o These acts must indubitably point to or indicate
agreement concerning the commission of a a joint purpose, concerted action, and singular
felony and they decide to commit it. interest.
What is proposal? What is required to be done in order to become a
o A person who has decided to commit a felony co-conspirator?
proposes its execution to some other person or o Intentional participation in the transaction with
persons. a view to furthering the common design.
Is conspiracy or proposal a felony? o Except when one is a mastermind, he must
o No. Conspiracy under article 8 is not a felony, perform some overt art as a direct/indirect
because there is no penalty provided by law. contribution to the crimes execution. The
o Article 8 is thus a mode of incurring criminal overt act can be active participation, moral
liability. assistance by being present at the scene of the
o Enumerate at least two felonies punished crime, or exerting moral ascendancy.
pursuant to Article 8 as a felony per se: o But merely being present is not sufficient to
Conspiracy to commit treason prove conspiracy; it must be shown that there
Conspiracy to commit rebellion is intent to provide moral support, etc.
o For the above acts, the mere conspiracy is What are the two types of conspiracy?
punishable. But the moment they actually o 1. Express conspiracy
commit treason or rebellion, conspiracy loses There is prior agreement
its juridical personality and it becomes a mere A conspirator is liable as long as he
mode to commit a crime. appeared in the scene of the crime.
What is required to prove a conspiracy? Except when he is the mastermind,
o Same degree of proof to establish the crime, in where it doesnt matter whether he
order to prevent finding someone guilty of a appears or not, since he is a principal by
crime except proof beyond reasonable doubt. inducement

17
Degree of actual participation is o This is the situation where a convict or a
immaterial: all conspirators adopt the person escapes in connivance with another
acts of the others person.
o 2. Implied conspiracy o The conspiracy or connivance in connection
Deduced from the acts of the offenders. with the crime committed here is an essential
The agreement to pursue a common condition for the commission of said crime, in
design and the unity of purpose is connection with Art. 223 of the RPC (Infidelity
instantaneous. in the custody of prisoners). The penalty is
It is essential that the conspirator prision correccional in maximum period instead
participated in the commission of the of medium and maximum period.
crime. Mere presence is not enough What are the characteristics of conspiracy?
because mere presence does not prove o 1. Singularity of intent
intent to join the commission of the o 2. Unity in the execution of the unlawful
crime, without prior agreement. objective
Three kinds of special conspiracy: Does Art. 8 apply to SPLs?
o 1. Wheel conspiracy there is one person o Generally, no; it does not apply to crimes
(hub) and his underlings (stokes) defined in SPL. However, if the SPL provides
We have this. The others, not yet that conspiracy to commit a crime under that
recognized. law is a crime in itself, then it is.
o 2. Chain conspiracy using legitimate Ex. DDA, Sec. 26: conspiracy to commit
enterprise to distribute narcotics any of those crimes enumerated in that
Ex. drugs section is a crime by itself (sale,
o 3. Enterprise conspiracy Racketeer importation, distribution and conspiracy
Influenced and Corrupt Organizations (RICO) to do such)
What is the kind of conspiracy and connivance Ex. Access device regulation, Sec. 11:
contemplated in Article 157 (Evasion of service of conspiracy to commit access devise
sentence)? fraud is a crime

18
Ex. Anti-terrorism law: conspiracy to o What if one of the co-conspirators (ex.
commit terrorism is a crime punishable robbers) prevented the others from
with 40 years of imprisonment committing the extra act of homicide or
o If there is no provision in the SPL, Art. 8 can be rape?
considered a mode to commit that crime. HELD: He is only liable for robbery only,
Two or more persons who conspire to and not homicide and rape. It does not
commit a crime of BP 22 liable under matter if he succeeds in preventing
Art. 8 of the RPC (Andan v. P) them of not.
Recall the controversial Tigoy case re: o X, Y, and Z committed robbery. After they
conspiracy to violate the Forestry Code all escaped, X a car and carnapped it after.
Does Article 4, par. 1 apply to Article 8? HELD: Only he was liable for
o Yes. Each conspirator is responsible for carnapping because its not intended as
everything done by his confederates, which part of the plan and is not incidental to
follow incidentally in the execution of the the common design.
common design, as one of its probable and Conspirators are necessarily liable for
natural consequences even though not the acts of another conspirator unless
intended as part of the original design. such act differs radically and
o Conspirators are held to have intended the substantively from that which they
consequences of their act, by engaging in intended to commit.
conspiracy. So, liability extends to collateral Until when does conspiracy last?
acts incident to and growing out of the o Conspiracy continues until the object is
conspiracy. attained. Conspiracy is a continuing event,
o X and Y agreed to rob the victim only. But unless in the meantime, they abandon the
he resisted and X killed the victim. What conspiracy or the conspirators are arrested.
crime did X and Y commit? X and Y agreed to commit robbery and decided to
HELD: All the conspirators, thus both X commit it. X stabbed the victim and ran. Y did
and Y, are guilty of robbery with not run and he was caught. Defense: he was not
homicide. guilty of the crime, because he desisted when he
did not run. Is the defense tenable?

19
o HELD: The mere failure or refusal to flee after and their good faith. There has to be a
the commission of the crime does not amount special reason why he should examine
to a disavowal of the conspiracy. There must acts or papers in detail. There is no
be an overt act to disassociate oneself from the negligence/culpa if he fails to examine
conspiracy. an error because of the sheer amount of
Relate conspiracy with aggravating paperwork that passes through his
circumstances of evident premeditation and price: hands.
o Evident premeditation only applies for express Art. 9: severity of felonies
conspiracies. It does not apply to implied
Classify felonies as to severity:
conspiracies, because these are spontaneous.
o 1. Grave felonies
o Price applies to the co-conspirators acting as
Capital punishment
offeror and acceptor.
Afflictive penalties in any of its periods
Does the laxity of a public officer in investigating
(prision mayor to reclusion perpetua)
or prosecuting indicate that he is a co-
o 2. Less grave felonies
conspirator?
Correctional penalties in their maximum
o Not per se. It must be shown that he had
period (destierro, suspension, arresto
foreknowledge and participation in the plan in
mayor, prision correccional)
the first place.
o 3. Light felonies
What are the possible liabilities of a head of office
Arresto menor
when his subordinates are able to conspire to
Fine not exceeding P200
commit a crime?
N.B. but in Article 26, a fine of P200 is
o 1. Conspiracy (if he is aware of the design and
already a correctional penalty
agreed to it)
What is the relevance of knowing this
o 2. Culpa in this case, he is not part of the
classification?
conspiracy because there can be no
o 1. Complex crimes require grave or less grave
conspiracy by culpa
felonies
o What is the Arias doctrine?
o 2. To determine the duration of the subsidiary
The head of office can rely to a
penalty
reasonable extent on his subordinates

20
o 3. To determine the duration of detention in o Sec. 4 provides that praeter intentionem does
case of failure to post the bond to keep the not apply as a mitigating circumstance for
peace violation of Anti-Hazing law
N.B. but there is no crime that requires o The law also enumerates who will be deemed
a bond to keep the peace principals, etc.
o 4. Different prescriptive periods What does the anti-terrorism law provide as re:
o 5. To determine whether there is delay in the the relationship of its penal provisions and RPC
delivery of the detained persons to the judicial provisions?
authority o Conviction of a person under said law
o 6. Penalty for quasi-offenses (Art. 365) constitutes a bar to the prosecution of that
Art. 10 person under the RPC or another SPL for the
predicate crime
What is the relationship between RPC provisions
What does R.A. 7610 Child abuse law, Sec. 10
and SPLs?
provide?
o In general, RPC provisions do not apply.
o Where the victim of murder, homicide,
o But the RPC is supplementary to the SPL,
intentional mutiliation, or SPI is under 12 years
unless provided otherwise.
old, the penalty shall be reclusion perpetua
What if the penalty provided by an SPL follows
VAWC: If the offender commits act of physical
RPC nomenclature?
violence and there is intent to kill, what is the
o The RPC applies suppletorily, ex. mitigating
punishment?
circumstances.
o Crime is NOT violation of physical violence
R.A. 9165, amended by 9344; Dangerous Drugs
provision under VAWC but attempted,
Act provisions of RPC shall not apply to violations
frustrated, or consummated parricide,
of DDA, except in the case of minor offenders
homicide, or intentional mutilation
o Reclusion perpetua, not L.I.
o Penalty may be reduced by 1 or 2 degrees CIRCUMSTANCES AFFECTING LIABILITY
under Art. 63
What does the Anti-hazing law provide as re: Art. 11: justifying circumstances
praeter intentionem?

21
Are complete self-defense and other provisions o 2. Spontaneous desistance in the attempted
under Art. 11 (justifying circumstances) stage
absolutory causes? o 3. Attempted or frustrated light felonies, except
o Yes, because the accused is not deemed to against persons and property
have committed a crime. An absolutory cause o 4. Accessories in light felonies
means that the accused does not incur criminal o 5. Accessory relatives who help relatives
liability. escape (Art. 20)
Is Article 12 an absolutory cause as well? o 6. Art. 247 death under exceptional
o No. There is technically a crime, although the circumstances
person is exempt from liability. The basis here o 7. Certain relatives in estafa, theft, malicious
is that the person is not acting with complete mischief
intelligence. There is no mens rea. o 8. Somnambulism
What are other absolutory causes? o 9. Mistake of fact (Achong)
o 1. The offender was instigated o 10. Repeal of penal law, whether absolute or
Differentiate instigation from modification
entrapment: What is the nature of self-defense?
In entrapment, the idea of the o Self-defense is an act to save life; thus, it is an
crime comes from the act, not a crime.
lawbreaker. Thus, this is not o There is no such thing as accidental self-
absolutory. The peace officer is defense because it contemplates intent by the
without criminal liability. defending party.
o Ex. buy-bust What does self-defense include?
operations o Defense of body and limb
In instigation, the idea of the o Rights as person, including honor
crime is induced in the mind of o Property and liberty
the lawbreaker. It is absolutory If the accused in arraignment pleads self-defense,
due to public policy. The peace is he making a judicial confession?
officer is a principal by o It is NOT a judicial confession, but just a
inducement. judicial admission. He does not admit penal

22
liability. He is merely admitted that he killed If there is no more unlawful aggression,
the victim. the self-defense is just mere retaliation
If the accused admitted killing the victim and and thus invalid.
pleads self-defense, is the burden of proof shifted What if the other two are missing?
to accused? o There is incomplete self-defense and thus it is
o No. The burden of proof never shifts; only the just a mitigating circumstance, not justifying.
burden of evidence shifts. (Although Boado How is unlawful aggression defined?
seems to have mixed up these terms because o Actual peril to ones life, or merely a threat, but
she says that the burden of proof shifts.) real and imminent.
What are the requisites of self-defense? Is slapping unlawful aggression?
o 1. Unlawful aggression o Yes. It is unlawful aggression against his
o 2. Reasonable means necessary to repel it honor. The face of a person is akin to his
o 3. Lack of sufficient provocation by the dignity, honor, etc.
defender What is the effect of presence of multiple wounds
What is ABSOLUTELY necessary out of these? on the victim in a claim of self-defense?
o Unlawful aggression. Without it, even if the o The nature of wounds belies a claim of self-
two others are present, there can be no defense because it shows a determined effort
complete or incomplete self-defense. to kill the victim, and not mere self-defense.
If it is unlawful aggression alone, then it Compare P v. Jaurige and P v. De la Cruz as re:
is an ordinary mitigating circumstance. reasonable means:
If it is unlawful aggression plus one o BOTH cases involved defense of honor.
other, then it is a privileged mitigating o Jaurige: mere touching of thigh, in church, in
circumstance. daylight. She killed him with fan knife. No self-
o What is the nature of needed unlawful defense appreciated. The means used were
aggression? not reasonable.
It must continue up until the act of self- o De la Cruz: groped in dark alley. Killed with
defense, because once it ceases, the knife. Allowed to exercise self-defense.
offender can no longer invoke self- o THUS, whether means are necessary is case-
defense. to-case.

23
o What do you consider? o Dissent of P v. Narvaez: in order to defend
1. Whether the aggressor was armed against the person, there must be aggression
2. The nature and quality of weapon not just against property rights but also against
used the person of the owner.
3. Physical conditions and sizes of the o Correlate this with Art. 429 of the Civil code, or
parties involved the doctrine of self-help.
What is the rational equivalence rule in When is there sufficient provocation?
reasonable necessity? o Provocation is sufficient if it is sufficient to
o The law does not demand material incite the person to attack.
commensurability between the means of attack Is Art. 247 an absolutory cause?
and defense. So this doctrine considers the o Yes. Because the only imposed penalty is
nature of imminent danger, and instinctual destierro. And that this is more of protection
actions. Note that a person in peril will not act for the one who killed.
as rationally as normally expected. o NOTE: differentiate Art. 247 from cases where
What is the rule when a person is attacked? Self-defense under Art. 11 applies, even if the
o Not anymore retreat to the wall; now, it is: situation is the same (catching spouse in
Stand your ground when in the right. sexual congress)
If two people agree to fight, is there valid claim of Ex. Husband caught wife in sexual
self-defense? congress. The wife, caught, wanted to
o No, because there is an agreement. There is kill him, so he took the knife and killed
no unlawful aggression. his wife.
o What is the exception? The accused arrived and saw his wife in the act of
When they agreed to fight, but one sexual intercourse. The paramour ran and the
attacked ahead of the agreed time. wife dressed up. Gonzales went out. When he
What is the extent of defense of property rights? got back, he heard rustling leaves. He saw the
o May use such force as reasonably necessary paramour and the wife, who was putting on her
to prevent or repel the unlawful physical panties. He stabbed his wife. Can the husband
invasion of his property. This does not seem to invoke 247? (P v. Gonzales)
involve the taking of human life.

24
o HELD: You cannot invoke 247 because at that o The VAWC law even uses RPC terms for
time, she was already putting on her panties, penalties:
not in actual sexual intercourse. (P v. SPI: P.M.; LSPI: P.C., Slight PI: A.M.
Gonzales) What are the circumstances in P v. Genosa?
o DISSENT: follow this You are unfairly o The SC recognized the Battered Woman
punishing him if we strictly apply the law. But Syndrome. But there was no RA 9262 then yet
what can you deduce from the fact that she so its still not an absolutory cause.
was wearing her panties from a naked state. It o The SC did not appreciate ordinary self-
is asking too much to actually catch them in the defense because the threat to the womans life
act of actual sexual congress. has already ceased. There was no more
Can one invoke Article 11 in Article 247 cases? unlawful aggression.
o Suggestion: Husband also has right to invoke o But the SC appreciated the following mitigating
his honor and defend it, so Art. 11 can be circumstances:
invoked by the one discovering the sexual 1. Passion and obfuscation
congress. He can also invoke 247, obviously. 2. Diminished will power
o Prefer 11 over 247, because the latter results What is the Battered Woman Defense under RA
in destierro. It is not a penalty, but a limitation 9262?
of his liberty. o The Battered Woman Syndrome (BWS) is a
Can you invoke Art. 247 if there is mistake of fact? justifying circumstance, notwithstanding
o Yes. Apply the Achong doctrine by analogy. absence of any requisites of self-defense.
o Example: The husband saw movement of o The woman incurs neither criminal nor civil
buttocks, but the paramours penis hasnt liability.
entered his spouses vagina yet. o The defense is separate from and independent
Are the RPC provisions applicable to VAWC? from self-defense.
o Yes. Recall Art. 10: how RPC provisions apply Who is a battered woman?
suppletorily, unless provided otherwise. o One repeatedly subjected to forceful physical
o Under RA 9262 (VAWC), Art 47: RPC or psychological behavior by a man with whom
provisions supplement the VAWC law. she has an intimate relationship with in order to
coerce her to do something he wants.

25
o The cycle has to happen at least twice: 1. o 2. Reasonable necessity of the means
Tension-building phase, 2. Acute battering employed to prevent or repel it
incident, 3. Tranquil, loving phase. o 3. Person defending is not motivated by
What are the characteristics of the BWS? revenge, resentment, or other evil motives
o 1. The woman believes the violence was her What are the requisites of state of necessity as a
fault justifying circumstance (Art. 11, par. 4)?
o 2. inability to place responsibility for the o 1. The evil sought to be avoided actually exists
violence elsewhere o 2. The injury feared is greater than that done to
o 3. She fears for her and her childrens lives avoid it
o 4. Irrational belief that offender is omnipresent o 3. There is no other practical and less harmful
and omniscient means to prevent it
What are the requisites of defense of relative? o What if the party invoking state of necessity
o 1. Unlawful aggression is responsible for the peril?
o 2. Reasonable necessity of the means Cannot invoke this defense.
employed to prevent or repel it o What is the injury contemplated under
o 3. In case of provocation given by the person requisite number 2?
attacked, the defender must have had no part This is a broad concept. It can be
therein against property, liberty, etc.
o Who are the relatives under this provision? What is the rule on civil liability for acts in the
Spouse, ascendants, descendants, state of necessity?
legitimate, natural, and adopted siblings, o Those who were benefited by the act
or relatives by affinity within the same performed are liable to those to whom injury is
degrees caused. Note that this is a purely civil liability
Relatives by consanguinity until the and does not arise from criminal liability.
fourth degree What are the requisites of lawful exercise of right
Anyone beyond this enumeration: or duty (Article 11, par. 5)?
defense of stranger o 1. Act out of duty or office
What are the requisites of defense of strangers? o 2. Injury caused is the consequence of the
o 1. Unlawful aggression performance of that duty or right

26
What is the limitation on the performance of o What if the order is illegal?
duties? Cannot follow the order unless it is
o It must be exercised neither capriciously nor apparently legal and the subordinate did
oppressively, and within reasonable limits. not know it was actually illegal.
There must act with sound discretion. Art. 12: exempting circumstances
o X was a deranged man who was already
What are the exempting circumstances?
incapacitated by the police from doing
o 1. Imbecility or insanity
further harm. Y, one of the policemen,
o 2. Minority
seeing X lying on the ground, shot him
o 3. Accident
further on the forehead. Can Y invoke
o 4. Compulsion of irresistible force
performance of duty?
o 5. Impulse of uncontrollable fear
No. The act performed was
o 6. Insuperable or lawful cause
unreasonable and excessive.
What are the characteristics of exempting
Can a policeman invoke SD and performance of
circumstances?
duty at the same time?
o The act is criminal, but the criminal is exempt
o Yes.
from criminal Liability
o An example is when a policeman saw one
o But there is civil liability
person about to shoot another. The policeman
o The emphasis is the actor, not the act
gave a warning and the offender pointed the
What is insanity?
gun at the policeman. The policeman shot the
o There is a complete deprivation of intelligence
offender. He was both defending himself and
in committing the act, and so there is complete
performing his duty in preventing the other
absence of ability to discern.
person from being shot.
o Not mere abnormality of mental faculties or
What are the requisites of obedience to superior
mere frenzy due to anger.
order?
When should insanity exist?
o 1. An order has been issued by a superior.
o In the period immediately before or at the
o 2. The order is for a legal purpose
precise moment of doing the act.
o 3. The means used to carry out the order were
lawful

27
o His mental condition after doing the act is cannot do it alone, because he is not an expert
inconsequential. on this matter.
o Note that there is a presumption of sanity and it Under RA 9344, how are minors classified?
must be disproved beyond reasonable doubt. o Children at risk are those vulnerable to and at
What does it indicate when the actor surrendered the risk of committing criminal offenses due to
to the police after committing the crime? personal, familial, and social circumstances.
o There is discernment because remorse is o Children in conflict with the law are those
inconsistent with insanity accused of or adjudged as having committed
What if the insanity occurs after the commission criminal offenses.
of the crime? What are the benevolent features of RA 9344?
o Refer to Art. 79, which provides that one who o Age 15 and below = age of absolute
becomes insane or imbecile after final irresponsibility
sentence will have the sentence suspended as Exempt from criminal liability
to the personal penalty. He will only be Subject to intervention program
sentenced when reason is regained. o Age over 15 and under 18 = criminally liable
What if there is no complete impairment or loss of only where there is discernment
intelligence, and just a partial one? No liability if there is lack of
o It is just a mitigating circumstance: illness that discernment. Also subject to
would diminish exercise of will-power without intervention program.
depriving consciousness of his acts Liable if there is discernment. However,
o A common example is schizophrenia: there is he will under a diversion program.
no complete deprivation of intelligence, but o Is the minor over 15 but below 18 acting
there is difficulty distinguishing fantasy from with discernment still entitled to the
reality privileged mitigating circumstance under
How is mental condition of an accused Article 68(2)?
determined in trial? Yes. RA 9344 did not change this.
o The judge must order the examination of the What are the diversion programs for those over 15
accused by a medical expert. The judge but below 18 acting with discernment?

28
o Note: these are without going through court o Yes, but only as a last resort and only for the
proceedings shortest possible period of time. The
o 1. When the penalty of the crime is not over 6 authorities can resort to alternative measures
years: such as close supervision, intensive care, or
Crimes with victims: placement with a family/educational setting.
Diversion program before law What is the rule on automatic suspension of
enforcement officer or punong sentence?
barangay o Children below 18 at the time of commission of
Involves mediation, family the crime found guilty of the offense are placed
conferencing, conciliation with under suspended sentence without need of
child and parents/guardians application. The court then determines and
Crimes without victims: imposes the appropriate disposition measures
Diversion program before the afterwards.
local DSWD officer, with child o What if the then-child is over 18 years old
and parents/guardians upon the pronouncement of guilt?
o 2. When the penalty of the crime exceeds 6 It doesnt matter; there is still suspended
years: sentence.
Diversion is before courts o What if the child reaches 18 while under
In case the penalty is not more than 12 suspended sentence?
years or just a fine, the court can The court determines whether to:
determine whether diversion is 1. Discharge the child
appropriate or not 2. Order execution of sentence
o 3. If the offense does not fall under any of the 3. Extend suspended sentence for a
above or the child or parents/guardian does not certain period, or until he reaches the
consent to diversion, the one handling the case maximum age of 21
forwards the records to the prosecutor or court o What if the child undergoes period of actual
within 3 days and then the case is filed detention or commitment?
according to regular process It will be credited in full.
Can a child be detained pending trial? What is the provision on probation?

29
o Upon application at any time, the court can o 2. Child or parents/guardians do not agree to
place the child on probation in lieu of service of diversion
sentence. (This amended the Probation Law) o 3. Prosecutor determines that diversion is not
What is a status offense and how is it treated appropriate for the child, considering
under the law? assessment/recommendation of the social
o Any conduct which is not an offense when worker
committed by an adult will not be considered Who are the minors disqualified from suspension
an offense and is thus not punished if of sentence?
committed by a child. o 1. One who once enjoyed suspension of
o Ex. curfew laws sentence already
Did Ra 9344 retroact? o 2. Convicted for offense punishable by death or
o Yes, it retroacted to pending cases and those life imprisonment
minors already convicted. Note: punishable need not be actually
Under 9344, the minor is still exempt from specific punished especially since the death
offenses even if he or she acted with discernment. penalty has been abolished
What are these? o What was the ground under PD 603 that
o 1. Vagrancy was repealed by RA 9344?
o 2. Prostitution When the child is already 18 upon
o 3. Mendicancy promulgation of sentence. This is
o 4. Sniffing rugby impliedly repealed by the provision
o What happens? stating that under RA9344, the age of
These persons would undergo commission of the crime is the
appropriate counseling and treatment determination of suspension of
program. sentence, and not the age during
When is a child in conflict with the law subject to promulgation of the judgment.
preliminary investigation and filing of After suspension of sentence, what is the
information? disposition order?
o 1. Child does not qualify for diversion o After sentence, the court sets disposition
conference within 15 days from promulgation

30
Minor, parents/guardian, and social o The utterances of a minor and overt acts
worker are present preceding crime, and nature of weapon is
o Can issue: evidence of discernment.
1. Care, guidance, and supervision S.C. AM 02-1-18:
orders o If the minor committed a crime and the time the
2. Drug and alcohol rehab law took effect, he was already 21, can he
3. Participation in group counseling and enjoy the benefit of suspension of sentence
the like If a minor is charged with a heinous crime
4. Commitment to youth rehab center of punishable by death or RP-death, is he entitled to
DSWD/other centers suspension of conviction?
When there is doubt if the person is a minor or o Yes. Ubi lex non distinguit, nec non distinguire
not, what is the appropriate proceeding? debemos.
o There is presumption of minority. What are the requisites of accident?
o File for summary proceeding in Family Court. o 1. performing lawful act with due care
What if the minor was alleged as a co- o 2. causes injury to another
conspirator? o 3. without intent or negligence
o The presumption of acting without discernment What if there is negligence?
still applies. o Article 365 applies: quasi-crime of reckless
o Evidence of conspiracy does not automatically imprudence
mean the minor acted with discernment in the o Accident and negligence are mutually
commission of the crime. exclusive.
May the presumption still apply even if the o What is the difference between accident
allegation was reckless imprudence under Art. and negligence?
365? Accident without fault of the human
o Yes. (Jarco Marketing case) being. Cannot be anticipated.
What is the definition of discernment? Negligence when there is some
o When the minor is able to distinguish whether degree of fault in the person
his act is moral or licit or not..

31
o NOTE: Under Art. 365, the court will not o A common example is failure to comply with
consider Art. 13 and 14 in imposing the penalty art. 125 of the number of hours when a person
because this crime is NOT intentional. arrested must be delivered to judicial
What are the elements of irresistible force? authorities, when there is a long holiday or the
o 1. Force is physical and must come from an judicial offices are not open, or there is a
outside source calamity/accident that met them.
o 2. The accused acts not only without a will but Art. 13: mitigating circumstances
even against his will, reduced to a mere
What are the mitigating circumstances?
instrument
o 1. Incomplete justifying and exempting
o 3. The duress, force, fear, or intimidation
circumstances
present is imminent and impending, as to
o 2. Under 18 or over 70
induce well-grounded fear of death or serious
Correlate with RA 9344
bodily injury
o 3. Praeter intentionem
Thus, the fear must not be speculative,
o 4. Sufficient provocation or threat by the
fanciful, or imagined
offended party preceded the act
What are the elements of uncontrollable fear?
o 5. Proximate vindication of grave offense
o 1. Threat which caused the fear of an evil
o 6. Passion or obfuscation
greater than or equal to the act accused was
o 7. Voluntary surrender or voluntary confession
required to commit
prior to prosecutions presentation of evidence
o 2. The evil promised was of such gravity and
o 8. Physical defect restricts means of action,
imminence that an ordinary man would
defense, communication
succumb to it
o 9. Illness diminishes will-power without
o Ex. X is a hostage who decapitated his fellow
complete deprivation of consciousness
hostage Y because their captors threatened to
o 10. Analogous circumstances
kill X.
No similar provision for aggravating
What is an insuperable cause?
circumstances
o It applies to felonies by omission where the
If the criminal is 80 years, is there a mitigating
failure to do so is due to a lawful or insuperable
circumstance?
cause.

32
o P v. Austria 27 June 2000 the accused was o 3. Specific applies to specific felonies
charged with rape. He was already 83 years Ex. concealment of dishonor in case of
old. His defense was erectile dysfunction. He abortion by pregnant woman
was convicted, but the SC applied the old age Ordinary Privileged Specific
as a mitigating circumstance. So far, this is the
Lower to Lower by one or To specific
only case where this case was applied. minimum period more degree felonies only
Must mitigating circumstances be alleged in the
If 2 or more,
information? lower by one or
o No. more degree
How are mitigating circumstances classified? Can be offset by Cannot be offset
o 1. Ordinary enumerated in Art. 13 and some ACs by ACs
SPLs Cannot be Can be imposed
If there is one, penalty lowered to imposed on on indivisible
minimum period indivisible penalties
If there are two or more ordinary penalties
mitigating circumstances, the penalty is
lowered by one degree
In incomplete justifying and exempting
Can be offset by generic aggravating
circumstances, what are the requisites that must
circumstances
always be present?
Not considered when the penalty is a
o 1. For self-defense, unlawful aggression
single indivisible penalty (i.e. only RP
o 2. For accident, due care and lack of fault
now)
When is incomplete justifying or exempting
o 2. Privileged
circumstance an ordinary mitigating
Lowers imposable penalty by one or
circumstance? When is it a privileged mitigating
more degrees
circumstance?
Cannot be offset by any aggravating
o Ordinary if there is only one element or there is
circumstance
no majority of required elements
Even if the penalty is single and
o Privileged if there is majority, but not all, of
indivisible, it is imposed
required elements
33
What is the nature of minority as a mitigating o Ex. X used a lead pipe to hit victim on the
circumstance? eyebrow, and the victim died. SC refused to
o It is always a privileged mitigating apply the mitigating circumstance of lack of
circumstance intent to commit so grave a wrong as that
o It applies to those over 15 but below 18 who committed.
acted with discernment reduce the penalty o P v. Pugay: (gasoline burning case) SC also
to the next lower penalty, in the proper period applied Art. 13(3), because the intent was less
When can praeter intentionem not be invoked? than the material act committed.
o RA 8049 lack of intent to commit so grave a What if two persons conspire to commit a felony,
wrong as committed CANNOT be invoked by and one intended to commit the grave wrong as
accused in hazing incidents. that committed, while the other did not?
Can lack of intent to commit so grave a wrong as o The conspirator who did not intend to commit
that committed be invoked in malversation? so grave a wrong as that committed cannot
o YES. Ex. The petitioner was a municipal invoke the mitigating circumstance.
treasurer, and the audit team discovered he o BUT if both of them did not intend to commit so
was short P72000 of funds. After a few grave a wrong as that committed, then both
months, he returned the money he borrowed. can invoke the mitigating circumstance.
o Note: the SC also applied a mitigating Can both treachery and Art 13(3) be invoked
circumstance analogous to voluntary surrender together?
in this case. o Yes. Treachery refers to the manner or
What other rule must be taken into account vis-- method used to kill the victim, while praeter
vis praeter intentionem? intentionem refers to the state of mind of the
o Art. 4(1) presumption that person intends all person. They may co-exist.
the natural and logical consequences of his Can praeter intentionem be invoked for culpable
felony. felonies?
o How to resolve: the means employed and the o No. Obviously intentionem requires intent in
result must be so disparate that the result is the first place, just that the intent did not match
not the logical and natural consequence of the the result.
means What are the elements of sufficient provocation?

34
o 1. Sufficient o Proximity. It need not immediately precede the
Merely shouting at the accused and act, but there must be no lapse of sufficient
asking the latter to leave is NOT time.
proportionate to the latter killing the o How sufficient is sufficient time?
former. If there was only a gap of 30 minutes,
Need not constitute unlawful aggression still okay.
under Art. 11; the threshold here is P v. Palabrica: 1 day lapse is not okay.
lower. P v. Ignas: only said hours still okay.
Need not be put in words; can be in What is grave offense?
action. o Grave offense in this provision is different
Ex. entering anothers property from grave offense under Art. 9. Grave offense
and then starting to gather the under this provision might not even be a felony
latters crops. at all. It usually is an assault to honor.
o 2. Immediately preceding the commission of o When is an offense grave?
the crime 1. Determine social standing of parties
This actually means immediate, not 2. Determine place and time and
like grave vindication which just requires occasion when offense committed
proximity o Grave offense even includes an insult
o 3. Originate from the offended party You are living at the expense of your
If provocation and passion/obfuscation are based wife! appreciated as grave offense
on the same facts, is the accused entitled to two o In a case, hitting someone with a bamboo stick
separate mitigating circumstances or only one? is not a grave offense.
o Only one. The accused is only entitled to only Xs son eloped with Ys daughter. At that time, it
one mitigating circumstance, because both are was really deemed a dishonor. Y looked for his
based on the same facts. daughter for three days. Y sought revenge
o Same rule between vindication of grave against Xs son and killed him. Is this vindication
offense and sufficient provocation. of grave offense? (P v. Diokno)
What is immediate in immediate vindication of
grave offense?

35
o The SC said that it was. Even if three days there was a lapse of 1 week, accused was
lapsed, the act of elopement was deemed expected to recover his equanimity.
continuous, and the effect was still there. Can vindication of grave offense co-exist with
o NOTE: This case may be a product of its time. passion or obfuscation?
Now, this situation is pretty ordinary already. o No. If they arise from the same facts, only one
So this case may be archaic already. will be appreciated.
What is necessary for passion or obfuscation to Can treachery co-exist with passion or
be considered? obfuscation?
o It must arise from lawful sentiments of the o No. Treachery CANNOT co-exist with passion
accused. The offended party must have done and obfuscation. When a person acts with
an act unlawful and sufficient to excite passion passion or obfuscation, he loses his reason
or obfuscation and self-control, which is inconsistent with
o It must not come from lawlessness or revenge, treachery, because one who acts with
or an illegitimate relationship treachery presupposes that he adopted a
Bello: EXCEPTION. He lived with mode of attack of killing the victim.
common law wife for 10 years. Bello o Contra: treachery can co-exist with praeter
supported her for 10 years. After, the intentionem
common law wife wanted out, and What are the elements of voluntary surrender?
wanted to live with another man. Bello o 1. Offender surrendered to a person in
killed her. Eh wala ka namang ibubuga authority or his agent
talaga eh. SC HELD: Passion and o 2. Offender surrendered before arrest is
obfuscation. Although the relationship effected
was illegitimate, nevertheless, the victim o 3. Surrender is voluntary, i.e., spontaneous
was ungrateful. and coming from intent to acknowledge guilt
How much lapse of time is allowed for passion and save time/resources of authorities
and obfuscation to be appreciated? o 4. No pending warrant of arrest or information
o P v. Ventura: Although passion and filed
obfuscation may arise from jealousy, since What is the most important element of voluntary
surrender?

36
o The spontaneity of such and intent to give up restricted his means of action, defense, or
and unconditionally surrender to authorities. communication with his fellow human beings.
How has this provision been applied by analogy o Ex. rape committed by a deaf and dumb man
by the SC? on the girl of his dreams to whom he cannot
o Navalos v. P: Before being charged of convey his feelings to
malersation, the accused returned the amount, o But not when it was committed by a man with
he was deemed to have voluntarily a severed left hand, because it does not limit
surrendered analogous. The return of the his means of action, defense, or
money must be spontaneous. communication
What are the requisites of voluntary plea of guilt? What is necessary for illness that diminishes
o 1. Made in open court willpower of the accused?
o 2. Spontaneous and unconditional o It must only diminish and not deprive the
o 3. Prior to presentation of evidence by the offender of the consciousness of his acts;
prosecution otherwise, it is an exempting circumstance
Does this include extra-judicial confessions? What are NOT examples of analogous mitigating
o No. circumstances?
May voluntary plea of guilt and voluntary o 1. Being part of a minority group
surrender both be considered in one case? o 2. Extreme poverty
o Yes. They are two separate and distinct o 3. Abberatio ictus
circumstances not arising from the same facts. o 4. Mistake in identitiy
The offended party is entitled to two mitigating What are some examples of analogous mitigating
circumstances. circumstances?
What is the character of the plea of guilty? o 1. Mitigated mental capacity of a battered
o It must be unconditional and the accused must woman (decided pre-RA 9262)
admit to the offense charged. o 2. Voluntary return of stolen goods
What is relevant for the mitigating circumstance Art. 14: aggravating circumstances
of physical defects and illness?
What are the aggravating circumstances?
o The defect or illness must relate to the offense
o 1. Advantage of public position
charged, because the defect must have

37
o 2. In contempt of or with insult to public o 17. Ignominy
authorities o 18. Committed after unlawful entry
o 3. With insult or disregard of rank, age, or sex, o 19. Committed after breaking through a wall,
or in the dwelling of the offended party, if the roof, floor, door, or window
latter did not provoke o 20. With aid of persons under 15 years old, or
o 4. Abuse of confidence or obvious motor vehicles
ungratefulness o 21. Cruelty
o 5. Committed in the palace of the Chief Compare with mitigating circumstances:
Executive, or in his presence, or where public o This list is exclusive, whereas in mitigating
authorities are discharging their duties, or in a circumstances, there are analogous
place of religious worship circumstances allowed
o 6. Nighttime, or in an uninhabited place, or by a o Aggravating circumstances must be alleged in
band the information, mitigating circumstances need
o 7. Committed during a conflagration, not (since theyre matters of defense)
shipwreck, earthquake, epidemic, or calamity What are the types of aggravating circumstances?
o 8. With aid of armed men or persons who o 1. Generic aggravating
insure/afford impunity Apply generally to all crimes
o 9. Recidivism Can be offset by ordinary mitigating
o 10. Reiteracion circumstances
o 11. Price, reward, or promise Increases penalty to maximum period
o 12. By means of inundation, fire, poison, Are additional rapes or killing in the
explosion, stranding of a vessel, derailment of case of robbery with rape or robbery
locomotive, use of any artifice involving waste with homicide, for instances,
and ruin aggravating?
o 13. Evident premeditation No, its not enumerated under law
o 14. Craft, fraud, or disguise as such. Its an anomalous
o 15. Superior strength or means employed to situation, but doubt is resolved in
weaken the defense favor of the accused.
o 16. Treachery

38
P v. Hipol: The malversed amount was No, treachery was alleged as a
so huge, that the Sol. Gen said that the general aggravating and not a
crime was already economic sabotage qualifying circumstance.
and must be considered an aggravating How many circumstances are needed
circumstance. SC: There is no such to qualify an offense?
aggravating circumstance as economic Just one. The rest become
sabotage. No matter how huge the generic aggravating
amount is, it is not aggravating circumstances.
o 2. Qualifying circumstances o 3. Special or specific aggravating
Cannot be offset by any mitigating circumstances
circumstance Apply to specific felonies; found outside
Changes nature of crime Art. 14
Must be alleged in the Information as o 4. Inherent circumstances
such new offense Those already integral to the crime and
No need to increase the penalty thus cannot aggravate the penalty
because the change in the crime itself Ex. In the crime of falsification of
has changed the penalty as well to a document by public authority, then
higher one abuse of public position is deemed
Can qualifying circumstances not inherent. Same with malversation and
alleged in the information but proved other crimes by public officers.
in trial be appreciated as generic What is the special aggravating circumstance
aggravating circumstances? introduced by RA 7659?
No, due to the amendment in o Committed by an organized/syndicated group
Criminal Procedure impose maximum penalty if the offense was
X was charged with homicide with committed by any person belonging to an
the generic aggravating organized or syndicated crime group (2 or
circumstance of treachery. Can the more persons collaborating or mutually helping
trial court find him liable for murder? one another for purposes of gain in the
commission of the crime)

39
What are the special aggravating circumstances o P v. Tabeon: If the accused given a gun by the
introduced by RA 8353, Article 266-B? government by virtue of his position uses that
o See crimes against persons: ex. victim is under gun to commit homicide, the use of that gun is
18 and rapist is relative, gave victim AIDS, an aggravating circumstance. He could not
committed by AFP/PNP, etc. have used that gun unless he was a public
Art. 14(1) advantage of public position officer.
o But see P v. Villamor: Where Villamor used a
When is this present? gun officially issued to him by virtue of office
o When the public official uses the influence, use of that gun was not an abuse of public
prestige, and ascendancy of his office to position. This is contrary to Tabeon.
realize the purpose. o N.B. The later decision is Villamor, but Justice
o Tests under case law: Callejo agrees with Tabeon. Follow Villamor,
1. Offense is in relation to his office though,
2. He cannot commit the offense without
Two policemen were in the police car. They
holding such public office
stopped and ordered a girl to enter the car. One
o Ex. jail guard who was able to use his position
policeman stole the watch and wallet of the girl.
to kill an inmate
The policeman driving did not say anything. Both
When does advantage of public position not were held liable for robbery. Did the aggravating
apply? circumstance of taking advantage of public
o Does not apply if the public position is a position apply even to the driver of the car?
constituent element of the crime; o Yes. He could have prevented the other
o Examples: policeman from robbing the siblings. But he
Crimes committed by public officers did not. This was abuse of public position.
Inherent in the crime of falsification by a
Is this a generic or special aggravating
public officer of a public document
circumstance?
If the public officer could have committed the crime o The use of ones public position in the
anyway without the use of public position, it is not commission of a crime is a special aggravating
aggravating. circumstance. (RA 7659, Sec. 23)

40
o Thus, it cannot be offset by generic mitigating Supposing a crime is committed in the presence
circumstances. of a professor while the latter was performing his
Art 14(2) with contempt of or in insult of public authority duty?
o This is not aggravated. A teacher or professor
What are the requisites of contempt/insult of
is only a person in authority under Art. 148 and
public authority?
152 of the RPC (direct assault).
o 1. crime committed
Is there an exception?
o 2. person in authority engaged in exercise of
o RA 9165 a teacher or professor is a person
public position
in authority for the purpose of enforcement of
o 3. offender knew he was a person in authority
the DDA.
o 4. victim is NOT a person in authority
o If you smoke marijuana in the presence of a
A barangay captain was playing cards with some
professor, the professor is a person in
people. The accused shot him. Does this
authority.
provision apply?
In the national penitentiary, sometimes the
o No. First, the person in authority must NOT be
inmates feel bored and they kill each other. Is this
the victim per se, and second, he was not
aggravating?
performing his duty at that time. He was
o Yes. Where the inmates killed another in the
playing cards.
National Penitentiary, this was in contempt of
o What if the crime was committed against
public authority.
the person in authority?
Then it is direct assault. This Art. 14(3a) insult to age, rank, sex
aggravating circumstance does not What is required for this aggravating
apply. circumstance to apply?
What if the crime was only committed in the o There must be deliberate intent to insult or
presence of an agent of a person in authority? show manifest disregard for the age, rank, sex.
o This provision does not apply. Not merely because the victim is a female or
o Ex. If in the presence of a policeman, not has a rank, this A.C. applies.
aggravating because the policeman is only an Can this coincide with passion and obfuscation?
agent of a person in authority.

41
o No, because the offender must have o 4. When the sex of the victim is inherent in the
deliberately intended to offend or insult the crime,
offended. A 20-year-old man raped an 80-year-old woman.
The accused was conversing with the barangay The victim was the teacher of the accused in
captain and the former killed the latter. May the grade 1. Key fact: victim was already retired!
A.C. of rank apply? Does insult to rank apply?
o No. The mere fact that victim was a person o Yes. The Fact that the offended party was
with a rank, such as barangay captain does not already retired did not diminish the respect due
necessarily mean its aggravating, absent her rank as his former teacher.
evidence that the killing was deliberately Do these this apply to crimes against property?
intended to disregard or insult or threaten to o No. Not aggravating in crimes against
insult the rank of the victim. property.
What are further considerations for circumstance o Examples of where insult to rank, age, sex
of rank? does not apply:
o The charge must not include rank as an Robbery
element. If the accused was charged with Robbery with homicide since here, the
complex crime of direct assault of PIA with homicide was merely an incident to
murder then the AC cannot be appreciated robbery
because it is inherent. [NOTE: the Escote doctrine applies to
o If the charge was just murder, then the AC treachery, not here.]
applies. Is insult to rank, age, sex absorbed by treachery?
When is the A.C. of sex not applicable? o No. The aggravating circumstances of age and
o 1. If the accused acted with passion or sex cannot be absorbed by treachery.
obfuscation, Treachery pertains to manner of commission.
o 2. when there is an amorous relationship Insult to age, rank, sex refers to relationship.
between the accused and the victim, o Ex. The accused murdered a child 3 days old.
o 3. When there is a relationship of employer- The SC appreciated the A.C. of age in
employee, convicting the accused of murder. Also

42
treacherous since the child cannot defend o Includes every dependency of the house and
himself. every integral part of the house. Includes
o But see P v. Malolot: Accused hacked to death staircase, enclosure under the house, and the
an 11 month old child. SC HELD: A.C. of age terrace.
of victim DOES NOT apply, because it was If the person is stepping on the first rung
absorbed by treachery. (Justice Callejo does of stairs, then it is dwelling. But if he
not agree with this case. But Malolot might be has yet to step, not yet.
prevailing, being the newer case). o To be considered as dwelling, it must be used
Art 14(3b) dwelling exclusively for rest and comfort.
Ex. the victim owns a building consisting
Does dwelling apply when both parties live in the
of two floors: ground floor is video shop
same house?
and 2nd floor is residence. The victim
o Generally, it is not aggravating.
was killed in the video shop. Here,
o Victim was stay-in laundrywoman, but it
dwelling does not apply. The video
was not her house. The killer was the
shop is not exclusively for rest and
houseboy, who also lived that house. The
comfort, even if in the same building.
laundrywoman had her personal room, and
What if the person is a squatter?
the houseboy had his as well. Is dwelling
o Dwelling still applies. The law does not make
aggravating?
any distinction as to the validity of title over the
Yes. Although the offender and offended
property.
lived in the same house, the crime is
What if the land is enclosed with a fence and the
aggravated by dwelling, because the
person is outside the house but inside the fence?
room was deemed a dwelling,
o Dwelling does not apply.
notwithstanding being in the same
When does dwelling not apply?
house.
o If the victim gave sufficient provocation.
Each room although located in the same
o What are the elements of sufficient
house is considered a dwelling separate
provocation?
and independent of the adjacent rooms.
1. Offended party gives provocation
What is considered as dwelling?
2. The provocation is sufficient

43
3. The provocation is immediately is homicide and arson as separate crimes.
before the crime There is no special complex crime of homicide
Does the offender have to actually enter the with arson.
house? Art 14(4) abuse of confidence or obvious
o No. The law does not require that the offender ungratefulness
must also be in the house. The offender can
What are the elements of abuse of confidence?
shoot from outside the house and kill a person
o 1. Offended party reposed trust and confidence
inside it is still considered as dwelling,
to offender
Does dwelling apply in robbery?
o 2. Offender abused this trust and confidence
o Distinguish:
What must be the character of the confidence
o Dwelling is aggravating in robbery with
reposed?
homicide or robbery with intimidation of
o The confidence must be IMMEDIATE AND
persons.
PERSONAL such that it gives the accused
o However, in robbery with force upon things,
some advantage and makes it easier to commit
dwelling is inherent in the crime.
the crime.
Is dwelling aggravating in arson?
o Ex. The mother of the victim had a common
o No. (PD 1613)
law husband, whom the victim called papa.
A person dies inside a building burned on
Papa raped the daughter. This was abuse of
purpose. When is it homicide, and when is it
confidence, even if the relationship between
arson?
the mom and papa was illicit.
o Intent determines:
o 1. If the intent is to burn the house, then the Art. 14(5) committed in a place of worship
burning is arson even if a person dies. What are contemplated here?
Homicide is absorbed. o 1. Committed in palace of Chief Executive
o 2. If the intent is to kill the person and the o 2. Committed in the presence of Chief
burning was the means employed to commit Executive
the crime, it is homicide. o 3. Committed in place where public officers are
o 3. If the intent is to kill the person, and the discharging duties
house is burned to cover up the crime, then it o 4. Committed in place of worship

44
o Distinguish 1, 2, and 4 from 3: o N.B. The subjective and objective tests are
For palace, presence of CE, and place alternative. They need not concur. Either
of worship it is enough that the offense tests application is sufficient.
was committed in that place o It is not enough that the crime was committed
For public officers in discharge of their in night time. There must be evidence that
duties, it is necessary that the night time was sought for, or the nocturnity
performance of function is being done facilitated the commission of the offense
How will this aggravating circumstance of place What if the moon is shining brightly or there is a
of worship (and the like) apply? streetlamp illuminating the event?
o There must be intent from the outset to commit o Then nighttime is not appreciable.
the crime inside the place of worship. Here, When is nighttime absorbed by treachery?
the accused did not intend to commit the crime o If it is part of the treacherous means to insure
inside the church (she did not expect the man execution of the crime. Otherwise, it is
to touch her thigh). separately appreciated.
Art. 14(6) night time, uninhabited place, or by a band What determines if the crime was committed in an
uninhabited place (despoblado)?
If all three are present, are these separate
o It is not the distance, but the possibility or
aggravating circumstances or only one?
impossibility of immediate aid to be obtained.
o General rule: only one applies.
The more important consideration is if the
o Exception: These may be considered
commission of the crime makes it possible for
separate and distinct if their elements are
the victim to receive aid.
distinctly perceived and can subsist
o Ex. The distance is not so great, but one has to
independently of each other, revealing greater
climb up a hill to reach the house to render aid.
perversity.
There is despoblado.
What are the tests of night time?
What is the burden of the prosecution?
o Subjective test when night time was sought
o Prosecution must prove that the accused
purposely to commit the crime.
chose the remoteness of the place to aid the
o Objective test when nighttime facilitated the
commission of the crime, or to conceal the
commission of the crime
commission of the crime.

45
When is there a band? from RP to death (special aggravating
o More than three armed malefactors (at least circumstance).
four). When is crime by a band a qualifying
o Must all of them be armed? circumstance, and not just a generic aggravating
Yes. circumstance?
What is the test for armament? o Only Article 294, pars. 3 to 5. This is robbery
o Any weapon which, by reason of its intrinsic with violation against persons.
nature or purpose, is capable of inflicting o Recall:
serious or fatal injuries. Par 1: with homicide band is
What is the character of participation of the four aggravating
malefactors? Par 2: with rape, intentional mutilation,
o The four armed persons contemplated in the and lesiones graves resulting into
law must be principals by direct participation blindness, impotency, imbecility, or
for band to be considered. They must act insanity aggravating
together in the execution of the crime. Par 3 to 5: other kinds of robbery with
There were four accused, and it was alleged that violence against persons band is
they composed a band, in the information. Two qualifying
were acquitted. Is there crime by a band? Art. 14(7) calamity or misfortune
o Band is still subsistent even if two were
To what situations does this apply to?
acquitted.
o Conflagration, shipwreck, earthquake,
o DISSENT: No band.
epidemic
What is the characteristic of crime by a band? o And other calamities and misfortunes
o Merely generic. (Ex. robbery with rape, These must be similar to the
robbery with homicide, physical injuries, etc.) abovementioned, so it cannot refer to
This means that this can be offset by a generic acts of men
MC.
Distinguish from Art. 14(12):
o Contrast: Art. 266-B if rape is committed by 2
or more persons, the offender is sentenced

46
o That refers to means of committing the crime. o 3. Habitual delinquency
This provision refers to crime committed on the o 4. Quasi-recidivism
occasion of calamity or misfortune. Who is a recidivist?
Art. 14(8) with aid of armed men o Elements:
1. During trial for one crime
Requisites for aid of armed men?
2. Has been previously convicted
o 1. Armed men or persons took part in the
3. By final judgment
commission of the crime directly or indirectly
4. Of another crime under the same title
o 2. Accused availed himself of aid of such men
in the RPC
or relied upon them when the crime was
o Important things to note:
committed
At least two convictions one preceding
The armed men are accomplices who take part in a
the other, and the preceding one must
minor capacity, directly or indirectly.
have final judgment already
What if there is a conspiracy with the armed men? Both offenses must fall under the same
o There should not be any conspiracy or the title in the RPC
armed men must not be principals. No specific period between convictions
Band Armed men Organized required
crime syndicate o What if the first offense is pardoned?
All are principals Accomplices Still a recidivist because only the effects
At least 4 armed Number At least two of the crime were extinguished by
men immaterial persons pardon, not the existence of the crime
Crimes not Crimes not Crimes are for What is the nature of recidivism?
specified specified gain o Generic aggravating circumstance
What is reiteracion?
Art 14(9, 10) recidivism, reiteracion o Elements:
1. The offender has previously been
What are the different forms of habituality? punished (has served sentence)
o 1. Recidivism 2. First offense must have had a greater
o 2. Reiteracion or equal penalty;

47
3. Or two or more prior offenses with will be two penalties: for the crime and
lighter penalty for the habitual delinquency.
o Do they have to fall under the same title of As such, this cannot be offset by
the code? mitigating circumstances
No. o Important things:
Recidivism Reiteracion At least 2 convictions
The third conviction must be within 10
Previous conviction by final Previous service of
judgment sentence years from the second conviction. The
10 year period is counted from the date
Under same title of the No need to be under same
RPC title of release if he had been released when
against convicted.
No requirement as to One crime or greater
o Can one be a recidivist and a habitual
penalty in prior conviction penalty or at least two
crimes of lesser penalty offender at the same time?
Yes, if he is convicted a third time for
crimes of estafa, robbery, or theft which
What is habitual delinquency?
are within Title X of the RPC, or for
o Elements:
serious and less serious physical
1. Within a period of 10 years from date
injuries which are both within Title VIII of
of release or last conviction
the RPC.
2. For falsification, robbery, estafa, theft,
What is quasi-recividism?
serious or less serious physical injuries
o Elements:
(FRETSeL)
1. Offender previously convicted by final
3. Found guilty of said crimes a third
judgment
time or oftener
2. Before beginning to serve such
o What is the nature of habitual delinquency?
sentence, or while serving it, he
It is special aggravating circumstance,
commits a felony
which imposes an additional penalty
o What is the nature of quasi-recividism?
(not just increase) which escalates with
It is a special aggravating circumstance
the number of convictions. Thus there
which must be alleged in the information

48
Cannot be offset by ordinary mitigating o If used to commit ANY of the crimes in the
circumstances RPC and it results to injury or death of any
o Effect: person, it is an aggravating circumstance
Penalize convict with maximum period o Except in furtherance of political crimes, which
for the new felony committed absorbs the use of explosives
o What if during service of first conviction, he o N.B. contrast this with illegally possessed
reaches 70 years old or he completes firearms, which only aggravates murder or
service of the first conviction after 70? homicide
He is pardoned, unless he is a habitual When do these circumstances cease becoming
criminal or his conduct/circumstances generic aggravating circumstances?
show he is unworthy of pardon o 1. When it is a crime in itself
Art 14(11) price, reward, or promise o 2. When it is a means included in defining a
crime
What must be given as price, reward, or promise?
o Need not be money. Art 14(13) evident premeditation
When does this aggravating circumstance apply? What are the elements of evident premeditation?
o But the inducement MUST be the primary o 1. Proof of time when the accused came up
consideration by the principal by direct with the determination to commit the crime
participation. o 2. Overt act by accused showing he
If the offer is accepted, does the AC apply to both determined to commit the crime and that he
offeror and offeree? clung to that determination.
o YES. Both of them. o 3. Lapse of time between the determination
Art 14(12) explosives, poison, fire, etc. and decision to carry it out.
What is the essence of this aggravating
Take note of COMADRE and MALNGAN (very
circumstance?
important cases)
o Precedence of cool thought and reflection
Under RA 8294, when does the use of unlawfully
How much time must elapse?
manufactured, acquired, or possessed explosives
aggravate?

49
o The law does not give a formula. Each case o If in addition to the crime of robbery, the
must be resolved on the extent of each factual accused intended to kill a person, evident
circumstance. premeditation is aggravating.
o P v. Beltran: There was only a lapse of two o If he had no plan to kill a person, but he ends
hours from the decision to commit the crime up killing a person in the house who put up
and the actual commission of the crime. resistance, there is no evident premeditation.
o Was there evident premeditation when one Does evident premeditation apply to conspiracy?
wanted to kill X but he killed Y instead? o If two or more persons conspire to commit a
No. Because he did not intend to kill the crime, and they decide to commit it, there may
other guy. be evident premeditation if the conspiracy
But if one decided to kill any Ilocano or allowed the conspirators to ponder upon and
anybody he encounters and he does, reflect on their decision to commit a felony.
this AC applies. o Differentiate:
So the test is what the initial plan was 1. instant conspiracy: has no evident
(whether it involved a specific person or premeditation
group) and whether the execution 2. non-instant conspiracy: time to reflect
matched the plan. Art. 14(14) craft, fraud, or disguise
When is evident premeditation inherent?
Distinguish:
o Evident premeditation is inherent in every
o 1. Craft cunning or intellectual trickery to
specific intent felony.
carry out the evil design
o Examples:
o 2. Fraud deceit, insidious words and
Kidnapping
machinations
Robbery
o 3. Disguise concealment of identity
Estafa (intent to gain)
Piracy in Phil. Waters What is the relationship of these with treachery?
o Treachery absorbs these.
When is there evident premeditation in robbery
Craft and fraud may be aggravating in robbery with
with homicide, and when is there none?
homicide, where the accused induced the victim to

50
take them where the cows they supposedly wanted to o Can superior strength in this case offset a
buy are found. But they ended up killing the victim. mitigating circumstance?
o HELD: Aggravated by craft. Used intellectual No because it already lost its juridical
trickery. existence.
Art 14(15) superior strength Art 14(16) treachery
When is there superior strength? For treachery to exist either as a generic
o Offenders intentionally employ disproportionate aggravating or qualifying circumstance, what two
force to the means of defense available to the conditions must apply?
offended party o 1. Employment or means, manner, or method
Four accused were armed with a knife. One killed of execution that would ensure the safety of the
the victim, but there was conspiracy. Only one offender from any defense or retaliation of the
was armed. Does superior strength apply? offended party
o Yes, still superior strength, because the victim o 2. Deliberate act of the offender or conscious
was unarmed. choice of the means, manner, or method of
Does superior strength apply in parricide? execution
o No, do not consider abuse of superior strength Shown through a) prior conduct of the
in parricide. It is generally accepted that the offender; b) relationship of the parties; c)
husband is physically stronger than the wife. nature of the killing
What happens when an aggravating circumstance May treachery be considered in carnapping with
is absorbed by another? killing of a person?
o It loses its juridical existence. o No. Treachery is not aggravating in qualified
o What is the relationship between treachery carnapping. Carnapping is a crime against
and abuse of superior strength? property, so treachery is NOT aggravating. (As
Generally, abuse of superior strength is held in a case)
absorbed by treachery. Abuse of o Is this still true today?
superior strength then loses its juridical NOT ANYMORE. Take note of P. v.
existence ESCOTE (see discussion below), which

51
appreciated treachery in robbery with Does suddenness of attack per se prove
homicide. treachery?
P v. Escote o No, Mere suddenness of the attack does not by
o Take note that before this case, the SC has itself suggest treachery, unless the offender
always been divided whether treachery can used the suddenness of the attack as means
apply to robbery with homicide. Those who or method to ensure success of strike.
say no say that it cant apply because robbery o Chance attacks or crimes done in the spur of
with homicide, which is a crime against the moment, or those preceded by heated
property. altercation, are NOT treacherous
o But here, J. Callejo decided to cite Spanish May treachery be considered if the wrongful act
SC decisions, stating that treachery may done be different from that intended by the
aggravate the homicide part of that special offender?
complex crime. So treachery applies. o Treachery is present even if the victim killed is
o Why not qualifying? different the one intended to be killed (because
The crime of robbery with homicide is a what only matters is the means of killing).
unique crime in the sense that there can o Treachery may be present in aberratio ictus or
be no robbery with murder. Homicide is error in personae, again because it is not the
always used as a generic term, even if intent but the means/method that matters.
the second component is actually What is the nature of killing by poisoning?
murder. o Treachery is inherent in killing by poisoning. If
And even if the homicide was actually the offender poisoned the victim, treachery is
just out of negligence, it can still be inherent.
robbery with homicide. Art 14(17) ignominy
Is treachery qualifying in special complex crime of
kidnapping with murder? What is ignominy?
o Yes. If the victim of kidnapping is killed with o Circumstance pertaining to a moral order which
treachery, it is a special complex crime of adds disgrace or obloquy to the material injury
kidnapping with murder. caused to the offended party and tends to
o So treachery can apply, under the Escote rule. make the crime more humiliating

52
Examples of ignominy: When is it inherent?
o 1. The accused lighted a cigarette on the pubic o 1. Trespass
area of the victim which caused blisters. o 2. Robbery with force upon things
o 2. When the accused focused his flashlight on Art 14(20) with aid of minors under 15 years of
the genitals of the offended party, and he age/motor vehicles
examined it before he raped her in front of her
Is the minor himself liable?
father.
o No. Remember RA 9344 a minor under 15 is
o 3. Raped victim before her betrothed
absolutely exempt from liability
o 4. Asking her to present her full nakedness
o So if he assists, then the minor is completely
before raping her
exempt from liability
In the Bacule and Sailan cases, where
But the same is still an aggravating circumstance for
respectively, the rapist tied a banana fiber around
the offender of legal age.
his penis before the rape, or when the rapist
When is use of motorized means of conveyance
raped the victim dog-style, there was ignominy.
Does this still apply? aggravating?
o No, these must be modified. Art. 266-A of o When the motor vehicle was purposely used to
RPC: Decisions in Bacule and Sailan are now facilitate the commission of the offense
amended. These are now acts of sexual o Not when used to escape
assault. Art 14(21) Cruelty
The accused after killing the victim cut off the left What is cruelty?
leg and took the flesh from the legs and shoulders o Unnecessary physical pain in the commission
of the victim. Is this ignominy? of the crime
o No, because the victim was already dead. What is the test?
Art 14(18-19) unlawful entry or breaking in o Whether the accused deliberately and
When is there unlawful entry? despicably augmented the wrong committed by
o When an entrance is through a way not him by causing another wrong not necessary
intended for such purpose for its commission, or inhumanly increasing the
o Must be for purposes of entry and not escape suffering of the victim, slowly and gradually

53
Does the number of wounds per se determine contrary, the positive finding for drugs shall be
cruelty? considered an aggravating circumstance.
o No. It is the deliberate act of committing the R.A. 8294
crime to cause unnecessary pain, not number
P v. Comadre Justice Tinga said that 8294
of wounds.
amended Art 14(12), because usage of illegally
o Ex. 20 wounds inflicted rapidly is usually not
possessed firearms becomes an aggravating
cruelty
circumstance. Tinga: if the person is in lawful
o Ex. 20 wounds excruciatingly inflicted, where
possession of the explosives, then he uses it, it is
the person savored the act, can be cruelty
QUALIFYING to murder.
There can be no crime of robbery with multiple
Dissent of Callejo:
homicide, regardless of the number of victims.
o Its absurd! If illegally possessed only
But supposing for this reason of robbery, two are
aggravating. If legally possessed qualified to
killed, can we not consider the 2nd killing as an
murder! This is unjust.
aggravating circumstance analogous to cruelty?
o Use of an unlicensed explosive is
o No. Notwithstanding how many people he
AGGRAVATING. Because it says any crime in
killed, there is no aggravating circumstance.
the RPC. So that should include murder. It
o The reason is simple: it is not among those
shouldnt be qualifying.
listed in Art. 14.
If unlicensed firearm is used to commit murder or
Special laws relating to aggravating circumstances homicide, it is merely an aggravating circumstance.
R.A. 9165 But what kind? Is it generic or special AC?
Supposing the accused was under the influence o It is a special AC, not merely generic. So there
of drugs and then he killed a person, may the can be no offset.
killing by that person under the influence of drugs Does illegal possession aggravate attempted or
be considered an aggravating circumstance in the frustrated homicide or murder?
commission of the crime? o No. The law says homicide or murder. It must
o Yes. Under R.A. 9165, sec. 25 be consummated. If the crime is merely
notwithstanding provisions of law to the attempted or frustrated, the AC does not apply.

54
Under 8294, if one uses an unlicensed firearm to An accused committed double murder (complex
commit a crime other than homicide or murder, then crime). He used an unlicensed firearm. Is it
the use of the unlicensed arm is neither a separate special AC?
crime nor an AC. BUT that person must be o It should be. The law does not distinguish
convicted for that other crime, before the usage of an whether it is simple or complex. But there is no
unlicensed firearm can be considered as either a case yet.
separate crime or an AC. RA 8353
Does illegal possession of unlicensed firearm
When the accused raped the victim in the
aggravate robbery with homicide?
presence of her parents and husband, there was
o No. The law is clear: only murder or homicide.
aggravating circumstance of adding ignominy. Is
(Although there are SC decisions to the
this still applicable??
contrary.)
o Not anymore. In RA 8353, it is a SPECIAL
Do the words homicide and murder include
QUALIFYING circumstance. (under the
parricide and infanticide? Or should it be read
enumeration)
strictly?
R.A. 8353 is found in Art. 266-B of the RPC. The
o P v. Mendoza murder is used in its generic
crime of simple rape becomes qualified becomes
term. It therefore include parricide or
penalty of RP to death.
infanticide, as the case may be.
Did R.A. 8353 amend Art 14 of the RPC?
o But one can argue that since the law only
o Not really.
mentions these two crimes, under pro reo, then
o In Art 266-B, the use of a deadly weapon to
it must be construed in favor of the victim.
commit rape is a special qualifying
There is security guard of an agency. The agency
circumstance which increases the penalty from
has license to possess firearm, but the guard
RP to RP/death. It is not an AC under Art. 14,
does not. The security guard used the gun to
but under Art. 266-B and 266-C of the RPC.
commit murder. Is it AC?
o Yes, it is. Even if the employer was licensed Art. 15: alternative circumstances
but the guard had no license to possess that What are alternative circumstances?
firearm, then RA 8294 applies.

55
o Either aggravating or mitigating according to When the accused and victim are first
the nature and effects of the crime and other cousins, relationship is NOT
conditions attending its commission aggravating.
o Only considered when they influence the o What about uncle and nephew?
commission of the crime No. Uncle and nephew/niece not
What are the three alternative circumstances? covered.
o 1. Relationship Is relationship an AC in rape?
o 2. Intoxication o Yes.
o 3. Degree of instruction/education of offender o Relationship is aggravating in crimes against
What is the scope of relationship under Article chastity, including rape.
15? o While rape is now a crime against persons, it
o Spouse does not lose its nature as a crime against
o Ascendant, descendant chastity, because for rape to be committed
o Legitimate, natural, adopted siblings there must be lewd design. Thus, relationship
o Relative by affinity in same degrees is still an AC in rape.
o What if the relationship is just between o What is the effect of father-daughter
step-parent and stepchild? relationship in rape?
The relationship between step father Its now a special aggravating
and step son is akin to that to an circumstance under RA 8353. No need
ascendant and descendant and is to resort to relationship as an alternative
subject to AC of relationship. circumstance.
BUT relationship between step What if the imposable penalty becomes death?
grandniece and step grandfather is not o In crimes where the imposable penalty is
one of the relationships contemplated in death, relationship shall not be deemed an AC,
Art. 15 of the RPC, as with similar regardless of the crime.
examples. When is relationship aggravating and when is it
o What about first cousins? mitigating?

56
o Relationship is aggravating in crimes against PERSONS CRIMINALLY LIABLE
chastity, whether offender is of higher or lower
degree relative
o Relationship is mitigating in crimes against May a private corporation, partnership, or
property association or other juridical entity be criminally
liable?
When is intoxication mitigating?
o The general rule is that corporations are not
o If not habitual, or not pursuant to planning a
criminally liable because there is no criminal
felony, and affected mental faculties
intent.
o It is aggravating if there is habitualness or
o Except: when the law provides that officers or
intentional intoxication
employees are liable.
What is the rule on education?
o Can both the employer and employee be
o Low education may be mitigating but never
liable as principals by direct participation?
aggravating
Yes, when the employee performed
o High education may be aggravating but never
consciously participated in the acts (ex.
mitigating
illegal recruitment). He must know of
o When is the high education of a person
the illegality and still further the act.
aggravating?
o Trust Receipts Law P.D. 115 when violated
When his education puts him in better
by corporation, partnership, or association:
position than the ordinary offenders. Ex.
penalty is imposed on responsible officers
estafa by a lawyer
o Labor Code ex. illegal recruitment (39-D)
When is education ignored?
same penalty
o 1. If the crime is basically wrong like parricide,
Who are liable?
murder, rape, or robbery, it is immaterial
o 1. Grave and less grave offenses: principals,
whether the offender is schooled or not.
accomplices, accessories
o 2. Education has already been considered by
o 2. Light offenses: principals and accomplies
the provision such as abortion conducted by a
physician. Art. 17: principals
When do these provisions apply?

57
o These provisions only apply when two or more Mere presence
people are acting criminally. Otherwise, its Exercising moral ascendancy
just the principal. What is the general rule as to non-appearance?
When may a person be criminally liable as o Deemed a desistance which is favored. Mere
principal by direct participation? participation in a conspiracy is not a crime,
o Participation in criminal execution because there is no act yet to carry it out.
o Carrying out the plan and directly participating When there is no criminal participation, there is
in the execution no liability.
N.B. There must be conspiracy, under o But see the exceptions for masterminds and
this usual definition PDIs.
o But can there be principals by direct Can someone not be in the scene of the crime and
participation without conspiracy? still be a principal?
Yes: the usual example of two people o Yes. For example, there is conspiracy and one
attacking a cocky guy in a bar with prior is on look-out duty for policemen.
planning. The victim died due to two o For as long as the conspirators perform
bullets, one from each gun. There is no specific acts that were coordinated pursuant to
conspiracy here, but both are liable as the conspiracy.
principals by direct participation. X, Y, and Z conspired to kill V. All three stabbed
How about the mastermind? For him to be a V. Is it a complex crime?
principal, does he have to commit an overt act in o No. There is only one crime of homicide, as
the execution of the planned conspiracy? there is only one victim. The number of crimes
o Enough to be held as co-principal through committed does not depend on the number of
conspiracy, as long as there is involvement in co-conspirators.
the planning and commission. If rape was committed by 2 or more persons, what
What should the overt act consist of for principals happens?
by direct participation? o Commission of rape by two or more persons is
o 1. Active participation a qualifying circumstance that requires
o 2. Or giving moral assistance to the other imposition of RP/death.
conspirators

58
o Ex. The husband raped the victim, while the o For these cases, one must perform an OVERT
wife of the accused held back the arms of the act to prevent the commission of the other
victim. crime. Mere silence or running away is not
HELD: The husband was guilty of rape enough disavowal.
by direct participation, and the wife was How does one become a principal by direct
principal by indispensable cooperation. inducement?
Is it possible that two persons are conspirators o 1. Directly forcing another to commit a crime
but are liable for different crimes? Using irresistible force
o Yes. Causing uncontrollable fear
o Ex. The private individual is liable for delivery o 2. Direct inducing another to commit a crime
of prisoners, while the escaped convict is liable Giving price, reward, or promise
for evasion of sentence. Using words of command
o Ex. X and Y killed Xs wife. Y is liable for What are the requisites to become a PDI?
homicide. X is liable for parricide. o 1. Inducement made directly with intent of
What is the rule for Robbery with homicide? procuring the commission of the crime
o General rule: the act of one is act of all, even if o 2. Inducement is the determining cause of the
only one co-conspirator killed the victim. commission of the crime by material execution
o Is it possible that one is liable only for What is required for use of words, to become a
robbery but not robbery with homicide? PDI?
Yes, if one desisted before the homicide o Must have actually moved the hands of the
was committed. For instance, one principal by direct participation, the latter of
prevented the other from stabbing the which has no other recourse but to obey the
victim command. This especially applies when the
o What about robbery with rape? PDI has moral ascendancy over the PDP.
All the accused will be liable for the rape Does the PDI need to be in the scene of the
committed by one of them, unless one crime?
proves that he endeavored to prevent o No. His inducement is enough.
the person from doing so. What if the person inducing did not qualify in the
above description?

59
o He is generally liable as an accomplice. individual. The private individual may be liable
What if the person merely made carless remarks for malversation.
not meant to be obeyed? Can the PDPs acts be by dolo and the PIC, by
o He is neither a PDI nor an accomplice. He is culpa?
not criminally liable. o Yes. Ex. There was a bank employee with two
When does one become a principal by friends. The friends made the employee
indispensable cooperation? believe that a bank document was genuine,
o Direct participation in the criminal design by which was approved by the employee without
another act without which the crime could not needed diligence. The crime of the PIC is
have been committed. estafa through falsification of commercial
What is the main distinction between the PDP and document, by culpa.
principal by indispensable cooperation? Art. 18: accomplices
o For the PIC, he must perform an act different What are the acts of accomplices?
from the overt act of the PDP; otherwise, he o Prior or simultaneous acts not indispensable
also becomes a PDP. for the commission of the crime, and not overt
Must the PIC be present during the planning stage acts for commission thereof.
of the conspiracy? What are the requisites to be liable as an
o No. He may become a principal at the moment accomplice?
o 1. Offender took part in the execution of the
of execution of the crime with the other
crime by previous or simultaneous acts
principals. It can arise from implied o 2. He intended to take part in the commission
conspiracy. of the crime
What is the rule in case of doubt? At what point must the accomplice acquire
o The liability of the PIC is merely as that of an knowledge of the commission of the crime by the
accomplice. PDP?
o After the PDP has reached a decision to
Is it possible that the PIC commits a crime
commit a crime. The accomplice does not
different from the PDP? decide the commission of a crime. He just
o Yes. An example is malversation through agrees after the criminal resolution is
falsification of public documents committed by accomplished.
a public officer in conspiracy with a private

60
o If he was part of the decision to commit the o One must have knowledge of the commission
crime in conspiracy, he becomes a principal. of the felony, and he participates after the
o Likewise, if he commits an act of execution, he commission by any of the acts enumerated in
also becomes a PDP. Art. 19. His participation must not be that of a
Contrast a conspirator from an accomplice: principal or accomplice.
o Both the conspirator and accomplice know of What are the requisites to become an accessory?
the crime and agree with the criminal o 1. Knowledge of the commission of the crime
resolution. The conspirators decide, and the o 2. Without participating therein
accomplices merely concur and cooperate. o 3. Perform any of the following acts (see
o The crime is performed by the PDP, while the below).
accomplice is merely an instrument of the What are the three acts of accessories in Article
conspirators not members of the conspiracy. 19?
May one be charged and convicted as accomplice o 1. By profiting themselves or assisting the
or accessory even before principal charged or offender to profit by the effects of the crime
convicted? Or should the PDP first be convicted o 2. By concealing or destroying the body of the
before accomplice and accessory be charged or crime (corpus delicti), or the effects or
convicted? What are their corresponding instruments thereof, in order to prevent its
liabilities? discovery
o As long as commission of the crime can be o 3. By harboring, concealing, or assisting in the
proven beyond reasonable doubt, escape of the principal, and
determination of criminal responsibility of A. the accessory acts with abuse of
accessory may be determined independently of public functions OR
and separately from liability of the PDP. B. the accessory is a private individual,
o If the case against PDP is dismissed, the case and the author of the crime is guilty of:
against accomplice or accessory must also be i. treason,
dismissed because the liability of the latter is ii. murder,
subordinate to that of the PDP. iii. parricide,
o But the dismissal of the case against the latter iv. or attempt to take life of the
does not necessarily result in dismissal of the Chief Executive,
case against the PDP. v. or is known to be habitually
guilty of some other crime
Art. 19: accessories When does the accessory participate?
Who is an accessory?

61
o His participation comes after the commission of knowledge thereof or he should have known
the crime. the subject is from such acts
Does mere silence make one liable for the crime o 3. Intent to acquire
as an accessory? What is the special rule P.D. 532 (piracy, highway
o No. It is not a crime to remain silent. robbery and brigandage)?
What is the corpus delicti or body of crime that o Any person who directly or indirectly abets the
must be concealed or destroyed under par. 2? commission of piracy or highway
o Body or substance of the crime, or the actual robbery/brigandage is not just an accessory
commission by someone of the particular crime he is an accomplice to the principal of the
charged. It is either: crime.
1. Proof of occurrence of a certain event o The person who profits from the loot is charged
2. Some persons criminal responsiiblity with Abetting Brigandage and is charged as an
X, a policeman, witnessed the killing of V by K. X accomplice (not just an accessory)
failed to arrest K and even told K not to tell the
other policemen. Is X an accessory? Art. 20: accessories exempt from liability
o Yes, under art. 19(3). It was the duty of the Who are the accessories exempt from liability?
policeman to arrest the culprit and not to o Those who are accessories vis--vis spouses,
conceal the commission of the crime by silence ascendants, descendants,
or misleading statements. By his acts, he legitimate/natural/adopted brothers and sisters,
abused his public position. or relatives by affinity of the same degree
What is PD 1612 (Anti-Fencing Law)? o When does it not apply?
o One who acquires stolen property is criminally To paragraph 1 (profiting from the
liable as an accessory under Art. 19 or as a crime)
principal for fencing under PD 1612. o [N.B. this listing is limited (not up to 4th degree
Prosecution has the option. of consanguinity) and is the same scope as the
When does one become a principal for fencing alternative circumstance of relationship]
requisites? X killed Y. X told his sister S to hide the body of
o 1. The crime of robbery or theft must be Y. X and S buried Y. What is the liability of S?
committed, and accused did not participate in o S is exempt under Art. 20. The basis of the
the commission thereof. exemption is ties of blood between the PDP
o 2. The accused then acquires the proceeds of and accessory.
the robbery or theft, and he has actual

62
What if a policeman furnishes the means for his o No.
brother to escape with abuse of public position? PENALTIES
Is he exempt?
o He is. Blood-ties are more powerful than call Offended party and accused agreed to fight; one
of duty. Moreover, the law does not distinguish lost. He filed for a complaint for physical injuries.
between private citizens and public officers. Does the pari delicto doctrine apply?
What is PD 1829 or Obstruction of Justice? o No. It does not apply to criminal cases. In
o Those who assist the principal to escape may fact, two people can agree to duel, and if one
be prosecuted under PD 1829 as a principal for dies, the offender may be charged under the
obstruction of justice. When convicted, the RPC.
penalty imposed is the higher penalty between Does estoppel apply to criminal cases?
PD 1829 and any other law, including the RPC. o No. The offended party is the State. Private
What are the acts amounting to Obstruction of individual who sustained the damage is merely
Justice? the witness to the crime.
o [preventing] Can there be imprisonment at the discretion of the
o 1. Preventing witnesses from testifying court?
o 2. Harboring or concealing the offender o No. It must be according to limits imposed by
o 3. Obstruction of service of court
law.
processes/orders or disturbing proceedings in
fiscal or Court Did the SC circular giving preference to fines over
o 4. Solicitation or acceptance of benefit to desist imprisonment for BP 22 and libel violations
in prosecution amend the law?
o 5. Using threats to prevent a person from o No. There was no abolishment of the penalty
appearing in proceedings of imprisonment.
o [misleading]
May the favorable provisions of RA 7659
o 1. Altering or suppressing evidence
o 2.using fictitious name to conceal crime or (Abolishing the DP) retroact to entitle the offender
evade prosecution to RP?
o 3. Making or presenting false evidence o Yes. Penal laws retroact in so far as they favor
o 4. Giving false or misleading information to law a person guilty of a felony, as long as he is not
enforcement agents a habitual delinquent
Does PD 1829 provide the same exceptions as o Even when there is already a final judgment
Art. 20?
o Does this apply even to SPLs?

63
Yes. o If a crime is public, private individual cannot
What is the retroactive application of RA 9344? pardon the crime or compromise it, unless
o Any pending cases involving children below 15 provided by law. In a criminal action, it is the
are automatically dismissed and referred to State that is the offended party; the private
appropriate diversion programs individual is just a witness.
o Those already serving sentence are o Exception: RA 8353 marriage of offender
reassessed/reclassified under the new and rape victim
benevolent features of the law Shall extinguish criminal action
o If the minor is no longer entitled to suspension If already convicted, penalty imposed
of sentence (Ex. reached 18 years old) and the will be extinguished
court resolves to impose the sentence, he can Note, however, that a husband can be
still apply for probation convicted for rape or sexual assault
What if a penal law is repealed? against his wife.
o Then the court has no more jurisdiction to hear Criminal liability may only be extinguished by law or
the case the grounds in Art. 89.
o The offense never existed and the person who o A public officer is charged with RA 3019.
committed it never did so. He returns the money. Will his liability be
o Exceptions? extinguished?
1. Saving clause No. It will not exonerate him from
2. The repealing act reenacts the former criminal liability, but will extinguish his
statute civil liability. P v. Sandiganbayan
What is the effect of RA 8353 on Articles 23 and What are not considered as penalties?
344 which provide for pardon by the offended o 1. Arrest and temporary detention of accused,
party? or detention due to insanity or imbecility
o Rape and sexual assault are now crimes o 2. Commitment of a minor in institutions
against persons. Art. 80 was already repealed by PD
o Thus, criminal action can only be commenced 1603 and amended by RA 9344.
by information filed by public prosecutor, and o 3. Preventive suspension from employment or
not the private offended party. public office

64
o 4. Fines and other corrective measures Piracy (RP) and qualified piracy (RP to
imposed by superior officials on subordinates death) are now both RP.
Refers to administrative sanctions in Kidnapping (RP to death) and
administrative cases against public Kidnapping with Homicide or Rape
officers and employees (imposed by (mandatory death) are now both RP.
superiors) Destructive arson (RP to death) and
Correlate the above enumeration with RA 6975, par. Arson with homicide (mandatory death)
4: are now both RP.
o If police officer or employee is charged for a o 4. In graduation of offenses one or two degrees
crime in a valid information, he may be lower, take out death from the scale as well.
suspended during pendency of the case. This o 5. It did not declassify the crimes as heinous.
is not a penalty, but just a means to facilitate Only the penalty imposed is affected.
justice. When is the duration of penalties computed from?
Correlate with RA 3019: o 1. If the offender is in prison, from finality of
o When a public officer or employee is charged, judgment of conviction
he may be suspended 90 days. This is not o 2. If not in prison, from placement at disposal
deemed a penalty. of judicial authorities to enforce penalty
What is the effect of RA 9346 abolishing the death o 3. Other penalties not involving imprisonment
penalty (and as clarified by P v. Bon)? from day when he commences to serve the
o 1. It retroactively benefited all those convicted sentence
and being tried for the death penalty, which When are detainees credited with the whole
has been abolished. It benefits even habitual duration of preventive imprisonment?
delinquents. o 1. Full time, if the detention prisoner agrees to
o 2. It does not affect RA 7659s provisions on abide by the same disciplinary rules as
how the crime is committed; it just reduces the convicted prisoners
penalty imposed by RA 7659 from death to RP. o 2. 4/5 time, if he does not agree to abide by the
o 3. It equalized the penalties of certain offenses same rules
which used to be graduated. Examples: o When is there no credit?
1. Recidivists

65
2. Those convicted at least 2 times of o What is the difference between perpetual
any crime and temporary?
3. Upon summoned for execution of In temporary, #2 and #3 only lasts until
sentence, they failed to surrender term of sentence
voluntarily What is the effect of perpetual or temporary
o What if the period of preventive special DQ?
imprisonment has exceeded the maximum o 1. Deprivation of office, employment,
penalty allowed? profession, or calling affected
Immediately release, but continue with o 2. DQ for holding similar offices or
trial or appeal employments
If its destierro, the maximum period is How long does #2 it last?
30 days preventive imprisonment If perpetual, forever
o What is the remedy when the person has If temporary, during term of
reached the maximum penalty imposable? sentence
Habeas corpus o What about perpetual or temporary special
o What if the convict is sentenced to RP or DQ for the exercise of the right to suffrage?
life imprisonment? Deprivation of right to vote or be elected
He is still entitled to the benefits of this for public office (perpetual or temporary)
provision. What is the effect of penalty of suspension from
What is the effect of penalty of perpetual or public office, profession, calling, or right to
temporary absolute DQ? suffrage?
o 1. Deprivation of public office even if elected o These apply during term of sentence
o 2. Deprivation of right to vote or right to be o And if suspended from public office, cannot
elected hold an office with similar functions during
o 3. DQ for offices or public employments and for suspension
exercise of any rights mentioned Is RP the same as life imprisonment?
o 4. Loss of all rights of retirement pay or o No. RP has a fixed duration and accessory
pension for former office penalties, and is imposed by the RPC.

66
o Life imprisonment has no fixed duration, no years. Thus, the period for RP has
accessory penalties, and is imposed by SPLs. become 20 years and 1 day to 40 years.
What is the dual nature of temporary (It would be absurd to set it at 30 years
disqualification and suspension? to 40 years, since there will be a gap.)
o As principal penalty o What is the minimum period of
Temporary DQ: 6 years and 1 day to 12 imprisonment for RP?
years 30 years, after which the offender will be
Suspension: 6 months and 1 day to 6 eligible for pardon by the Chief
years Executive. (Although there is nothing
o As accessory penalty: preventing the Chief Executive from
Follow principal penalty pardoning the offender beforehand.)
Can a lesser offense absorb a graver offense? o What is the number used in pegging the
o Yes. Examples are rebellion (RT) absorbing three fold rule for RP?
murder (RP) when committed in furtherance of 30 years as well. Since that article
the former. Forcible abduction (RT) absorbs provides that when the culprit has to
illegal detention of a woman (RP). serve at least 2 penalties, the maximum
What is the nature of Reclusion Perpetua? duration of the sentence should not be
o RP is an indivisible penalty. more than 3-fold the length of time
o There is no minimum, medium, or maximum corresponding to the most severe
period. penalty.
o It is not affected by mitigating or aggravating What are the indivisible penalties?
circumstances. o 1. RP
o So why does RA 7659 fix the duration at 20 o 2. Perpetual absolute or special DQ
years and 1 day to 40 years? o 3. Public censure
In order to avoid a lacuna because RT What are the effects of indivisible penalties?
caps out at 20 years. The provisions o Impose the penalty in its entirety
discussing RP provide that at 30 years, Even if there is a special aggravating or
the offender is entitled to parole, while two mitigating, it will not be affected.
service of penalty is at maximum 40

67
o BUT if there is privileged mitigating distinction now that the DP has been
circumstance, it may be reduced by 1 or 2 abolished.
degrees. When a penalty of fine is imposed, what is the
Exceptional situations: order of payment of pecuniary liabilities?
o P.D. 818 Syndicated Estafa: o Read in conjunction with Art. 38 (order of
Maximum of crime is 30 years, which in payment of pecuniary liabilities):
connection with the accessory penalties 1. Reparation,
shall be 30 years of RP 2. Indemnification,
o People v. Canales imposed 40 years of RP, 3. Fine,
with accessory penalties pertaining to death, 4. Cost of proceedings
and cannot be pardoned until after 40 years o To whom is the fine given?
have passed. Not given to the complainant; it is given
How did the court reach this to the State.
decision? o Can accused use its cash bail bond to pay
Because under Art. 309 of the his fine, if convicted?
RPC, theft is punishable by Yes. The law does not prohibit him from
maximum of RT. But for Art. 310, using his cash bail bond to pay his fine.
qualified theft, penalty is two It is only meant to ensure his attendance
degrees higher. This is death. during the process.
But the rule under Art. 74 is that if Conflict of provisions leading to confusing rulings, if
the next higher penalty is death, it the fine is exactly 200 pesos:
becomes RP, with accessory o In Article 9, P200 is a light penalty. In Article
penalties of death. This is also 26, P200 it is a correctional penalty.
the reason why he cannot be o To harmonize:
pardoned before 40 years have When the issue is prescription of crime,
lapsed, instead of 30. apply Art. 9.
N.B. Note, however, that Boado When the issue is prescription of
believes that there is no more such penalty, apply Art. 26.

68
What is preventive imprisonment for children in o Deprivation of the following rights
conflict with the law under RA 9344, sec. 53? 1. Parental authority
o Any form of physical restraint imposed on a 2. Guardian as to person/property of
child in conflict with the law including his ward
community service or commitment to a 3. Martial authority
rehabilitation center shall be considered as 4. Management of property
preventive imprisonment. 5. Disposition of property by acts inter
o If the minor juvenile is imprisoned pending trial vivos
he shall be credited with the service of the So he can still make a last will
sentence with the full time in which the child and testament
was preventively imprisoned o Cannot appoint an agent to fulfill these tasks
Provided the child agrees with the rules Art. 39: subsidiary imprisonment
and regulations of the penal institution
When is subsidiary imprisonment imposed?
If not, still entitled to 4/5ths of the time
o Subsidiary imprisonment can only be imposed
Under Art. 104 of the RPC, the offender is civilly liable
if the accused is penalized with a fine (either
to the offended party for restitution, damage,
alone or in conjunction with imprisonment), and
reparation, and indemnification for consequential
because of insolvency, he cannot pay the fine.
damages. The liability of the accused (under Art.
How long is the subsidiary imprisonment?
104) covers civil liabilities or pecuniary liabilities. How
o If penalty is PC/arresto + fine confined until
about the penalty of fine under Art. 38 of the RPC
the fine is satisfied under the conversion
in relation to Art. 39?
Whichever is the least among:
o It is also a pecuniary liability of the accused,
1. 1/3 of his sentence term
but it is a pecuniary penalty (and not a
pecuniary liability), because it is a penalty 2. 1 year
under Art. 25 of the RPC. 3. Quotient of fine divided by 8
o So it is still covered by the order of payment. pesos
What is civil interdiction and what rights does it o If penalty is just a fine
cover?
o Accessory penalty that attaches to RP and RT.

69
Subsidiary imprisonment must not Must there be an express statement in the
exceed 6 months for grave or less grave dispositive portion imposing subsidiary
felonies imprisonment?
Must not exceed 15 days for light o Yes. Subsidiary imprisonment is a penalty.
felonies There must be a statement in the dispositive
o If penalty is higher than PC, no subsidiary portion that if he is insolvent, he must serve
imprisonment subsidiary imprisonment. Absent this specific
Can the convict be ordered to serve subsidiary order in the dispositive portion, he cannot be
imprisonment for failure to pay pecuniary compelled to serve this. (Ramos v. Judge)
liabilities? What is the financial standing of the culprit
o No. The convict cannot be ordered to serve improves?
subsidiary imprisonment for failure to pay o He has to pay. Subsidiary personal liability
pecuniary LIABILITY; but he can serve for does not relieve him from the obligation to pay
pecuniary PENALTY. the fine in case his financial standing improves.
If he is not insolvent, but he does not want to pay When can there be no subsidiary imprisonment?
the fine, can he choose to go to jail instead? o If the penalty is higher than prision
o No. The accused has no choice but to pay the correccional, there can be no subsidiary
fine. imprisonment.
Will subsidiary imprisonment apply for SPLs? Toledo v. Superintendent, citing Bagtas v. Director of
o Yes. If the accused was convicted of a crime Prisons, supposing the accused is charged with 2 or
defined by SPL, Art. 39 will still apply, taking more offenses and there was 1 decision that
into account Art. 10 of the RPC. convicted him of all the charges. How do we
Ex: Violation of BP 22 determine the 6-year limit?
Supposing he was convicted for possession of o Where this situation exists, the 6 year period
unlicensed firearm and sentenced to prison term limit shall be based on the total duration of the
but he was insolvent. Subsidiary imprisonment? penalties imposed by the court based, after the
o Yes. Again, Article 39 is consistent with Art. joint trial, on the 3-fold rule under Art. 70 of the
10. RPC. If the totality of the penalties exceed 6
years, no subsidiary imprisonment shall not be

70
imposed, even if the penalty for each of the o Only the trial court which rendered conviction
crimes is less than 6 years. of the accused may order this.
What are the accessory penalties? o But before the court may do so, the tools or
o RP and RT: instruments must be presented to the court as
Civil interdiction for life or during period evidence. Otherwise, the court has no
of sentence as the case may be jurisdiction to order the forfeiture or destruction
Perpetual absolute DQ of such.
o PM: o In case of bribery, the money used may be
Temporary absolute DQ forfeited in favor of the state.
Perpetual absolute DQ from right to What if the tool or instrument belongs to some
suffrage other person?
o PC: o The tool or instrument MUST belong to the
Suspension from public office accused himself. If it belongs to some other
Suspension from right to follow person and he has no involvement in the
profession or calling crime, there can be no such declaration.
Perpetual special DQ from right to Does this provision apply to SPLs?
suffrage o Yes.
If imprisonment exceeds 18 When may the court order destruction of the
months items?
o AM, Am: o If the items are contraband.
Suspension from office What is the rule under the Dangerous Drugs Act?
Suspension of right to suffrage during o Those subject of the crime, including proceeds
term of sentence derived from drug trafficking, and even money
Art. 45: forfeiture of the proceeds of the crime and assets acquired in violation of RA 9165
deemed and ordered forfeited in favor of the
Who has the power to order forfeiture of the
government, unless belonging to third persons
proceeds of the crime and the instruments or
without involvement of the crime.
tools used in the crime?
o Exception to third person rule: if the items are
beyond lawful commerce still forfeited

71
o Under Sec. 20 of the same law, the proceeds charged and convicted for both crimes,
of the sale or disposition of the property separately without double jeopardy.
forfeited must be used to pay the expenses Ex. Estafa and illegal recruitment
incurred in the proceedings including cost of Ex. Estafa and BP 22
the proceedings Can Art. 48 apply if the constituent acts are less
Art. 48: complex crimes grave felony and light felony?
o No, light offenses are not included (see
When is there a complex crime?
excerpt).
o Material Plurality when a single act
If under Art. 48, the maximum of the graver
constitutes two or more grave or less grave
penalty is imposed, is it a special aggravating
offenses (delito compuesto composite
circumstance?
crime), or when an offense is a necessary
o No.
means to commit the other (delito complejo
What if the accused is entitled to a generic
complex crime proper)
mitigating circumstance, will it offset?
What is the effect on the penalty?
o No, unless it is a privileged mitigating
o There is only one penalty, although there are
circumstance.
multiple crimes
Supposing one wants to kill another with
o The more serious crimes penalty is imposed in
treachery, but there was abberatio ictus?
maximum period
o Then the crime committed by the accused is a
Delito compuesto (first mode) COMPLEX CRIME.
When is there delito compuesto? o Attempted murder + murder
o Either dolo or culpa The accused stabbed the victim with a bolo, and
Ex.: person was convicted for reckless the bolo hit both the person and the person
imprudence resulting into homicide and behind him. The target died. What is the crime?
destruction of property o Complex crime of murder and SPI.
o The felonies resulting from the single act must o (Note that as to the second person, it was just
be felonies in the RPC SPI because there was no intent to kill him.)
o If punishable under the RPC and an SPL, Art.
48 will not apply. The offender may be

72
The accused forcibly insert his penis into the even though committed in intervals of one
vagina of the woman and she sustained Less SPI hour, because he was motivated by a single
in her vagina. What is the crime? criminal intent.
o Complex crime of rape with LSPI o Y inserted private organ and raped the victim,
The accused stabbed his wife to death, and she but he was not content; he also inserted his
was 6 months pregnant at the time. What is the finger at the same place and at the same
crime? occasion. The accused is guilty of one count
o Complex crime of parricide with unintentional of rape and 2 counts of sexual assault: same
abortion. place, same occasion.
What is required for delito compuesto? o Z inserted his penis into the vagina of the
o The law is clear: a single act. But the SC victim and made several push and pull
sometimes applied the single impulse test or movements but without removing his organ,
the single criminal intent test. until he reached orgasm. Only one crime of
o Gamboa v. P, cited in P. v. Judge Pineda: rape, because he reached orgasm only once
there must be singularity of the criminal act, not then he removed it.
singularity of the criminal impulse. Because o W raped his niece once a day and inserted his
singularity of criminal purpose is NOT written in finger once a day, for 16 successive days in
Art. 48. different locations. Guilty of as many crimes of
The SC applied single impulse test for the first time: rape and sexual assault equal to how many
o X stole on the same occasion 13 cows. SC times he inserted his organ and finger.
held: one crime of theft even if there were 13 Reasoning: there could not be a single
cows, applying single impulse test. criminal intent because each time he
o Y took two roosters on one occasion. SC held: committed the crime, was on different
one crime of theft because it was in response days the accused was animated by
to one criminal impulse. separate criminal intents on each
In crimes against chastity, the SC adopted another occasion.
test: single criminal intent: o V raped the victim for first time is the pig pen,
o X raped his niece at 10 am, and then again at about 8 meters from the house. Then brought
11 am at same grassy area. One crime of rape, her to the room and raped her again. Then

73
brought victim room of cousin, and raped There are as many times of crimes of
again. Brought her to kitchen, where he raped kidnapping and rape as the number of
her again. There were separate criminal persons kidnapped and raped.
intents because he raped the victim in different o What is the test then?
places although the rapes were done Number of persons
successively. Will you apply the single criminal intent or
o What is the test then? resolution test in mala prohibita?
The place test o No. Lim v. P: X issued 3 bouncing checks on
NOTE, however: P v. Escoton: the same occasion. There are as many
Convicted person for 5 counts of rape violations of BP 22 as there were many
even if it was in the same place, and at checks. The criminal intent or resolution test
the same night. Be forewarned that this does not apply because it is mala prohibita.
might be the new rule now (2010 What about falsification of documents? Must one
decision). apply the single criminal intent or resolution test?
What test will be applied for kidnapping? Single o X convicted of only one complex crime of
impulse or single intent? estafa through falsification of three postal
o Even if the persons were kidnapped on the money orders which she cashed in on the
same occasion and place, there were as many same day. Since it was the same occasion, the
crimes of kidnapping as there were persons. acts were considered as only one act of estafa
o Kidnapping with homicide, K with murder, K through falsification of commercial document.
with rape are all special complex crimes, and o Y falsified three money orders separately.
not complex crimes under Art. 48 of the RPC. Here, each act constitutes a separate crime,
Even if the homicide or rape is a mere because Y was animated by separate
afterthought, this would be the crime. impulses, in falsifying each voucher.
o If the victim of kidnapping got raped, how o Z, an employee of the SC, falsified the roll of
many crimes of special complex crime of attorneys. Included 3 names. HELD: As
kidnapping and rape? many crimes of falsification as there are many
persons.

74
o X antedates a public document, forges the o Even if two or more persons were subject to
signatures therein, and changes its content. libel, if there was only one publication, there is
Is he guilty for three counts of falsification only one crime of libel.
of the document? What is the rule for adultery? Is is a delito
No. There was only one crime of continuado (continuing crime)?
falsification of public document, o Adultery is not a delito continuado. Each
although there were multiple modes of sexual act is an offense. Adultery is
falsification committed. consummated and exhausted at the time of
o Gamboa v. CA: There was no single impulse, carnal union.
intent, or resolution test mentioned in Art. 48. Crimes against persons:
It mentions a single act. o X and Y, constabulary officers, killed
o Compare to Ilagan v. CA: X is a real estate around 50 people with guns. What is the
agent who fraudulently collected from lot crime?
buyers, but instead of turning over the Convicted of complex crime of multiple
proceeds to the corporation, he kept them. murder under Art. 48(1), applying single
How many crimes of estafa did he commit? impulse test.
As far as the lot buyers were concerned, N.B. the court just resorted to this
there were as many crimes of estafa as because they couldnt tell who killed
the number of times the petitioner who.
fraudulently collected from the victims. o There were several killings inside Bilibid
As far as the corporation is concerned, it prison. What was the crime?
depends on obligation to account. If he Decision by J. Aquino: Multiple counts
is obliged to account everyday and he of murder and multiple counts of
fails to do so, there are as many crimes attempted and frustrated murder.
of estafa as the number of days he Again, the SC applied single criminal
failed to account. If he is obliged to impulse test.
account every month, he is guilty for Dissent by J. Makasiar: Read Art. 48
every month he fails to account. single act. It doesnt say single criminal
What is the rule for libel? impulse.

75
On an MR: J. Aquino reneged, o There may be a complex crime of malversation
considering J. Makasiar. If it is through falsification of official documents a
prisoners, apply Art. 48. If NOT crime being done to commit another crime.
prisoners, then separate crimes. This is Can you apply Art. 48 to plunder?
really strange. o No. Plunder is unique. One cannot apply Art.
o But what MUST be the rule, according to P 48. Although there maybe some predicate
v. Pineda? crimes, only ONE CRIME is committed.
DO NOT APPLY SINGLE IMPULSE Article 48 does not apply to special complex crimes:
TEST. Just read Art. 48: it requires a o Ex. robbery with homicide, robbery with rape,
single act. robbery with intentional mutilation
o Several accused had automatic, high o Ex. kidnapping with murder, kidnapping with
powered guns and killed several people. rape, kidnapping with homicide
When they pulled the trigger, several Delito complejo (second mode)
bullets shot out. What was the crime?
Complex crime of multiple murder and When is there delito complejo?
multiple attempted murder. Although o One felony is the necessary means to facilitate
several independent acts were done, it or ensure the commission of another felony. If
was not possible to determine who one felony is indispensable to the commission
among them killed how many victims. of another, then Art. 48 DOES NOT apply;
The accused showed a single criminal there is only one crime.
impulse based on the statement my o Bottom line: Must be necessary but NOT
gosh, di natin napatay lahat. The SC indispensable.
also used conspiracy as basis. Is it possible that one is delictual and the other is
o But see P v. Dalmacio: Armalite guns fired culpable felony?
successively, and explosives, killed several o Yes.
and seriously wounded others. The accused o Ex. Cashed check on behalf of an impostor.
were guilty for as many crimes as how many The employee of the bank did not bother to
people were injured. check, since they are friends.
Malversation:

76
o Due to the employees failure to ascertain Ex. Brought to place 600m from her
identity of payee, there was Estafa through house, where she was raped.
falsification by culpa. The latter was the Abduction was STILL absorbed by rape.
means to commit the former. Ex.: Abducted to place 100m from her
o Why can a public document be falsified house forcible abduction with rape.
through culpa? What is determinative? SPECIFIC
Because for official or mercantile INTENTION OF OFFENDER AND NOT
documents, there is no need to prove THE DISTANCE
that there is intent to cause damage. o What if there was abduction, and then there
The intent to cause damage is only were three rapes done after?
required for private document. The moment the first rape was
Therefore, there is no falsification committed, then forcible abduction with
through culpa for private documents. rape was consummated. So the second
What about forcible abduction with rape: related and third rapes were SEPARATE
with Art. 342 and rape/sexual assault (Art. 366-A)? crimes. There is one complex crime,
o Take into account absorption of felonies. If the two separate simple crimes. (This is en
intention was to rape, and the victim was banc decision.)
brought to a place in light of rape, then there is But there are some commentators that
rape only abduction is absorbed by rape. say that the subsequent rapes must be
o But there may be a complex crime of forcible absorbed since abduction is a
abduction with rape. What are these cases continuing crime.
where it not absorbed and when it is If the accused abducted two women at the same
absorbed? time, and then raped both?
Ex. Victim abducted and brought to o Guilty of TWO counts of forcible abduction with
grassy area near her house, where she rape.
was raped. Abduction was absorbed Can robbery with force upon things be taken
since it was near her house. together with robbery with violence against
persons as a complex crime?

77
o Yes. The former can be a means to commit estafa through falsification of public
the latter. document?
When does delito complejo not apply? Yes.
o 1. Indispensable to the second crime Is coup detat a political crime?
o 2. Essential element or mode of committing o Yes.
another felony o Political crimes are those directly aimed
o 3. Merged with another crime against the political order. Any common crime
o 4. Felony is committed to conceal another committed in furtherance of a political crime is
crime absorbed.
A company officer falsified two private documents o The common crimes are absorbed because
to make it appear that there were two extra they are necessary to achieve the political
employees, even if she really just kept the wages purpose.
for herself. Can one apply Art. 48(2) for estafa o What about illegal possession of firearms?
through falsification of private document? Yes, it is absorbed. See RA 8294.
o No. There can be no complex crime of estafa Art. 48 is for the benefit of the offender, under the
through falsification of a private document, pro reo principle. How so?
because the latter must have 1. Intent to cause o Because even if there are two crimes
damage, and 2. Damage caused. For estafa, committed, the law only punishes the offender
the same elements must apply. The moment for one, although it is in the maximum period.
the falsification was established by intent to In the eyes of the law, the two crimes stem
cause damage, the same element CAN NO from a single criminal intent this is less
LONGER BE USED to establish estafa. perverse in the eyes of the law compared to
o The crime instead is falsification of private punishing him for two crimes.
document. If the estafa can be committed o Does this apply to the second part of Article
without the falsification, the proper charge is 48?
estafa. Art. 48 does not apply. Yes, because the first act was only a
o If it is falsification of public or mercantile means done to commit the second
document, can there be complex crime of crime. There is still one criminal
resolution.

78
o How did the SC reason this out in P v. What is the penalty for a complex crime?
Hernandez? o Penalty for the more serious crime, applied in
Absorption in political crimes. its maximum period.
Read the dissent of J. Montemayor. He Art. 49: penalty for error in personae
said that pro reo should not apply to the
second paragraph because he To which situation does Article 49 apply to?
committed two crimes, unlike in the first o Only error in personae.
paragraph. o N.B. aberratio ictus and praeter intentionem
The majority rejected this by pointing out both attract the application of Article 48
that both means were included in the instead.
same provision. If the treatment for the What is the penalty for praeter intentionem?
second paragraph must be different, o 1. If the penalty for the felony actually
then it should have been placed in a committed is higher than that which he
different provision. originally intended, the penalty of the latter in
How do you define grave and less grave offense? its maximum period.
o Grave: afflictive or capital o 2. If the penalty for the felony actually
o Less grave: corrective committed is lower than that which he originally
intended, the penalty of the former in its
Does 48 apply if one crime is under RPC and one
maximum period.
is SPL?
o 3. If the act actually committed is an attempt or
o No. It mentioned felonies.
frustration of another crime which has a higher
o So punish them separately. Ex. violated estafa
penalty if consummated, the penalty of the
and BP 22.
attempt or frustration in its maximum period.
If one is under RPC and ordinance?
o No. Punished under both the RPC and the Application of penalties
ordinance violated. What are the rules in reduction of the penalties
Can there be a complex crime of arson and provided under law?
homicide? o Consult the following table:
o No. Its either only simple arson or simple Consummated Frustrated Attempted
homicide. NEVER complex. Look at intent.

79
Principal As provided -1 -2 Impose penalty in its maximum
Accomplice -1 -2 -3 regardless of MCs
Accessory -2 -3 -4 o 2. If the crime was committed by a person
belonging to an organized or syndicated crime
group (group of 2 or more persons
What are the rules on reduction of penalties? collaborating, confederating, or mutually
o 1. Single and indivisible penalty next lower helping each other for purposes of gain in
penalty commission of crime there must be an
Ex. RP RT organized group, and not just a conspiracy):
o 2. Penalty is two indivisible penalties or one or Impose penalty in its maximum as well
more divisible penalties imposed to their full regardless of MCs
extent penalty next lower in degree as to the o 3. ACs and MCs which arise from moral
lower divisible penalty attributes of offender, private relations with
Ex. PM to RT PC offended party, or other personal causes:
o 3. Penalty is one/two indivisible penalty and Will only aggravate or mitigate liability of
maximum period of another divisible penalty those to whom the circumstances apply
medium and minimum periods of the proper to
divisible penalty and the maximum period of o 4. ACs and MCs which consist in the material
the next lower execution/means to accomplish the act
Ex. RT in maximum to Death PM in Will only aggravate or mitigate liability of
maximum to RT in medium those had knowledge of them at the
o 4. Several periods corresponding to different time of execution or cooperation
divisible penalties period following the Why are abuse of public position and crime by
minimum prescribed and the two next following syndicate/organized crime group special ACs?
Ex. PM in medium to RT in minimum o It cannot be offset by generic mitigating
PC in medium to PM in minimum circumstances
What are the rules on MCs and ACs? What is the rule for habitual delinquents?
o 1. If the AC is taking advantage of public o 3rd conviction:
position:

80
Penalty for last crime + PC in medium o 3. AC only:
and maximum periods Maximum period
th
o 4 conviction: o 4. Some of both:
Penalty for last crime + PM in minimum Offset, then apply the above 3 rules
and medium o 5. Two or more MC with no AC:
th
o 5 conviction or oftener: Lower the penalty one degree, but
Penalty for last crime + PM in maximum always in the proper period
to RT in minimum What if there are 2 or more MCs, but
o What is the maximum period imposable for there is at least one AC?
habitual delinquents? No lowering by degree.
Cannot exceed 30 years, in any case What if there are 2 or more ACs?
What is the penalty for impossible crimes? No increasing by degree. There
o Arresto mayor or fine of 200-500 can only be reduction by degree,
o There is some commentary that the penalty for not increase by degree.
impossible crime does not apply for light Ex. if there are four mitigating
penalties (or else, the penalty for the circumstances, once you use two to
impossible crime would be greater than the lower the penalty by one degree, the
crime itself) other two are not taken into account.
What is the rule for single indivisible penalties What if the accused is sentenced to
(now, only RP)? reclusion perpetua, has two generic
o Apply it in full, regardless of MCs or ACs. MC, and no AC. Can it be lowered by
o What is the exception? one degree?
Privileged MCs. No. No matter how many MCs
What are the rules applicable for MCs and ACs there are, RP cannot be reduced
when the penalty is divisible? by degrees (except privileged
o 1. No AC, no MC: MCs)
Medium period o To which crime do these rules not apply to,
o 2. MC only: and what applies instead?
Minimum period

81
To quasi-offenses under Art. 365. o 1. Presence of MCs or ACs.
Instead, the court will apply its sound o 2. Wealth or means of the culprit.
discretion for modifying circumstances What are the scenarios?
instead of these rules. o Either the law imposes a penalty of fine
What to make of Art. 67 which applies to o OR penalty of fine AND imprisonment
incomplete exempting circumstance of accident? o OR penalty of fine or imprisonment
o Article 67 is inoperative. Apply Art. 365 For example, what If the law provides for a penalty
instead, because incomplete accident is a of fine of not less than 50K to 100K, what can the
quasi-offense. court impose?
When do the regular provisions on calculation of o The court has discretion to impose a fine within
penalty not apply? these bounds
o For the privileged mitigating circumstance in Will you apply the ISL by analogy?
Art. 68 of minority (if 15-18 and acted with o No. It does not apply here.
discernment). If the law specifies penalty of fine OR penalty of
o But what if the minor commits a SPL, which imprisonment (Ex. BP 22), can the court impose a
does not follow nomenclature of RPC? similar alternative penalty?
The minor is not entitled to privileged o No. The court must make a definite choice.
MC. What are the rules in the increase or decrease in
Ex. Life imprisonment in Illegal the degree of the fine?
Recruitment o Increase or reduce (as the case may be), the
What is the rule for incomplete justifying or maximum by 1/4th of the maximum amount.
exempting circumstances? But never change the minimum.
o See discussion above when to reduce it by one o Ex. 50K to 100K, and there is an AC, then it
or two degrees. Take note that this is a can be 50K to 125K (1/4 of 100K), or 50K to
privileged MC and cannot be offset by ACs. 75K.
Penalty of fine Can the judge impose a fine as a substitute
penalty to imprisonment?
What two factors are considered by the court in
imposing fines within a range?

82
o No. Fine cannot be used as substitute penalty For RP, treat its duration as 30 years, in
to imprisonment. Penalty of fine is calculating the three-fold rule.
independent from penalty of imprisonment. o What is the maximum period for
Accused drew and issued a check to pay for an sentences?
obligation, but it bounced. He was charged for BP Always 40 years.
22. During trial, accused paid the value of the Do not include subsidiary imprisonment
check. So there was no more damage to the penalty in the computation of 40 years.
complainant, but the case was already pending. What are the penalties that can be served
May the accused be convicted for a fine still? simultaneously with penalty of imprisonment?
o Yes. Penalty of fine does not go to the o 1. Perpetual absolute DQ
offended party but the State. o 2. Perpetual special DQ
What if the penalty is death? o 3. Temporary absolute DQ
o Reduced to RP with no parole. o 4. Temporary special DQ
What is the rule on successive service of o 5. Suspension
sentences? o 6. Public censure
o 1. If they can be served simultaneously, then o 7. Fine
do so. o 8. Bond to keep the peace
o 2. Otherwise: o 9. Civil interdiction
Follow respective order of severity, Can destierro be imposed as the same time as
serve them successively imprisonment?
What is the order of severity? o No.
D, RP, RT, PM, PC, AM, Am, Imprisonment must be served by the convict
destierro, perpetual absolute DQ, successively, following the order of their severity, as
temporary absolute DQ, provided for by Art. 71
suspension, public censure o 2nd sentence does not commence until after the
o What is the 3-fold rule? first expires.
Maximum duration of the sentence What is the rule on execution of penalties?
cannot be more than 3-times the length o No penalty executed except by virtue of final
of time of the most severe penalty. judgment

83
When can public censure not be imposed? and damages caused by the
o If the person is acquitted, cannot anymore be acts/omissions of minors living in their
subjected to public censure. company and under their parental
Judge sentenced accused to 25 years RP; can he authority
be compelled to serve sentence? Subject to proper defenses under law
o No. There is no such sentence as 25 years of Does a complex crime under Art. 48 automatically
RP; just RP (indivisible). mean there is only one civil liability?
o Remedy: writ of habeas corpus. o No. There are still as many civil liabilities as
What if the convict becomes insane or an crimes, because Art.48 is strictly a pro reo
imbecile? provision in criminal law and does not extend
o Suspend service of sentence and sent to to civil liabilities.
hospital for necessary treatment Is the adopter civilly liable for the damage caused
o But the civil liability should still be enforced in by the adopted minor?
spite of insanity or imbecility of the person. o Yes.
What is the nature of destierro? What are the requirements for the employer to be
o Not permitted to enter the places mentioned in civilly liable for damage caused by their
the sentence and within radius specified employees?
which shall be from 25-250 KM from the place o The employee has to be insolvent.
specified. Is a teacher liable for students acts?
Civil liabilities o Only when engaged in industry.
Mere consulting doctors in a hospital negligently
A minor is exempt from criminal liability. Can the
left gauze in the stomach of a person they
minor be held civilly liable?
operated on. Is the hospital liable?
o No. The minor is also exempt from civil
o Respondeat superior because there was
liability. The parents/guardians are civilly
control exerted by the hospital
liable.
o Are these consultants deemed employees?
o Relate with Art. 221 in Family Code:
Yes. Because employer-employee
Parents/guardians with parental
relationship is not determined by the
authority are civilly liable for the injuries
nomenclature of the relationship.

84
o For medical negligence cases, an employer- o There must be proof that the employee is
employee relationship exists between hospitals insolvent. This is proven through returns of the
and their attending physicians, including sheriff.
medical consultants. o Can the employer challenge the sheriffs
Ratio: The performance of these doctors returns?
is evaluated by a peer review board Yes.
based on feedback from patients and o At what stage of the proceedings can the
mortality statistics. The private hospitals employer do this?
can hire/fire/exercise control over the Upon the submission of the sheriffs
consultants. return.
The hospital is owned by a private corporation. Is If the employee is convicted based on reasonable
the private corporation civilly liable for the doubt, is there civil liability for the employer?
negligence of the consultant-doctors? o Yes. The only time there is no civil liability is
o If a hospital is owned by a private corporation, when the court holds that the accused did not
such corporation may be held liable on the commit the acts on which the charge was
basis of corporate negligence or corporate based on.
responsibility. As the owner of the hospital, the What is the rule on registered vehicles?
private corporation is duty-bound to see to it o Regardless of who the actual owner of the
that the hospital meets the needs of the motor vehicle might be, the registered owner is
patients, including close supervision over the operator of the same with respect to the
medical staff, including consultants. public or third persons. The owner on record is
When can the employer be exempted from the employer of the driver; the actual operator
subsidiary liability, or have it lessened? and owner are mere agents of the registered
o If there is collusion between employee and owner of the vehicle.
private complainant, ex. the claim is inflated, in o The registered owner is subsidarily liable (not
order for the employer to have more liability. the lessee), but the registered owner can
In order for employer to be liable, what proof is recover from the lessee.
needed? When are civil liabilities applicable?

85
o Whether the offense is punishable by law or o Will X have to pay twice for the value of the
not. (Because it can be based on contracts or check, considering there is only one
quasi-delicts). There may be victimless crimes check?
or crimes with victims. No. Even if there were two crimes,
What is the rule for civil liabilities arising from there was only one check, thus there
criminal offenses? should only be one payment of the
o The moment the criminal action is instituted, check.
the civil action is instituted along with it. What is restitution, and what are its rules?
Can there be civil penalties for crimes defined by o Must return the thing itself if possible, with
SPL? allowance for deterioration or diminution of
o Yes; however, there must be evidence that a value
party, including the government, sustained o What if a third person acquired a property
substantial injury so that the accused may be that was subject of crime?
civilly liable. Offended party can still recover the item
If a crime is absorbed by another crime, can there from that person
be civil liability in the absorbed crime, juridically But the buyer in GF is entitled to
speaking? reimbursement from thief or criminal.
o Yes. If the stolen property cannot be returned
Ex. for political crimes like rebellion, anymore, what is the remedy?
sedition, etc. there can be murder or o Value of the thing taken.
rape. These are absorbed by the o When do you determine value? At time of
political crime; nevertheless, there is commission of crime or upon order of
civil liability for these acts. return?
Ex. there is criminal liability for Rationale is to bring back the situation
homicide, even if absorbed by arson. to before the crime was committed.
X issued a post-dated check in payment of a Value of the property in the commission
current obligation. It bounced. How many of the crime must be the basis.
crimes? What is reparation?
o Two: BP 22 and estafa.

86
o The court must determine the amount of o 1. For crimes and quasi-delicts liable for all
damage, taking into consideration the price of natural and probable consequences of the act
the thing, if possible, and special sentimental or omission
value to the injured party. o 2. Liability may be increased or decreased
What other liabilities aside from restitution and depending on aggravating or mitigating
reparation? circumstances
o Under NCC, for one to be able to recover o What damages may be recovered?
actual damages, he must be able to prove by Actual or compensatory, moral,
documentary evidence the actual damages exemplary, temperate, nominal, etc.
sustained by him Reparation, restitution, indemnification
o If he cannot prove actual value of actual for consequential damages
damages, what must one prove to be Not only actually value lost, but also lost
entitled to temperate damages? profits.
Claimant need not prove actual amount, Under what circumstances can moral damages be
as long as there is proof that there is recovered?
loss. o 1. Crimes leading to physical injuries
Court may grant temperate damages, as Includes death
long as reasonable. o 2. Quasi-delicts
P v. Billaber: In a charge for illegal recruitment, the o 3. Seduction, abduction, rape, or other
money paid by the applicant (placement fee, etc.), lascivious acts
o 12% interest on the return of the amount paid o 4. Adultery or concubinage
from time of filing of the case until the amount o 5. Illegal or arbitrary detention, arrest, or
has been paid. search
Palana v. P: The petition was convicted for BP 22. o 6. Libel, slander, or defamation
Ordered to pay to offended party the amount of check When are exemplary damages imposed?
with interest (6%) from filing of information until the o When a crime has one or more ACs,
finality of the decision + 12% per annum from finality exemplary damages may be imposed
of decision until the amount was paid. In criminal law, an AC not alleged in the
What are the rules for actual damages? information cannot be considered. Does the

87
same rule apply for ACs, which can be the basis the actual damages are not proved, the court
of exemplary damages under the NCC? may prove temperate damages.
o No. The word aggravating in NCC should be Check Annex 1 for detailed numbers on civil liabilities
applied in its generic sense since it does not
MODIFICATION AND EXTINCTION OF CRIMINAL LIABILITY
distinguish. Includes specific aggravating,
qualifying circumstances, etc. These are
Extinction of criminal liability
distinct and separate from penalty of fine in the
RPC. How is criminal liability extinguished?
o Even if not alleged in the complaint or o 1. Death of the convict as to personal penalties
information, if proven = can lead to exemplary For pecuniary penalties, if death of the
damages. The rule is under the NCC and not offender occurs before final judgment
the RPC, after all. o 2. Service of the sentence
o Ex. Even if treachery is a qualifying o 3. Amnesty
circumstance under AR 248, it can be treated o 4. Absolute pardon
as a generic aggravating circumstance for the o 5. Prescription of the crime
purpose of imposing exemplary damages o 6. Prescription of the penalty
o May exemplary damages be awarded in o 7. Marriage of offended party as provided in
arson? Article 344 of the RPC
Yes. It is an anti-social act. When does death extinguish the civil liability of
o Can relationship be the basis to grant the accused and when does it not?
exemplary damages? o When the civil liability arises from the criminal
Yes. Relationship may be a basis for act.
granting exemplary damages even if it is Civil liability of accused extinguished by
an inherent element of the crime (ex. death includes duty to restitute the
parricide). proceeds of the crime.
When are temperate damages recoverable? o But civil liability predicated on a source other
o The heirs of a deceased in homicide, murder, than the delict survives. In this case, it can be
parricide are entitled to actual damages, as executed against the estate.
proved by requisite documentary evidence. If Contrast absolute pardon from amnesty:

88
o Pardon: does not look back; looks to the future will extinguish criminal liability and the penalty
and is not retrospective already imposed.
If he is pardoned and commits a crime o So even if the marriage happened during
of the same title, he is still a recidivist service of sentence, the penalty already
o Amnesty: everything is extinguished imposed is extinguished.
o Pardon is a private act of the President and o Supposing there are 3 accused: principal
must be proved by the accused, unlike by direct participation, principal by
amnesty, where the court can take judicial indispensable cooperation, and an
notice because it is a public act with the accomplice if there is marriage between
concurrence of Congress. principal by direct participation, does this
o Effects on right to suffrage and right to hold extinguish liability for the other accused?
public office: Yes, they are benefited. This was the
Absolute pardon granted by President intent of the Senate when they removed
restores civil rights, but for these two the original proviso stating that the co-
specific rights (suffrage and holding principal, accomplice, and accessory do
public office), it must be specifically not benefit (through Sen. Enriles
granted by the pardon statement).
What is the rule on pardon under Art. 344? Suppose an accused made perjurious statements
o The offended party may grant pardon to both in a petition for naturalization. He was found out.
offenders, in the crime of concubinage and He decided to withdraw the petition for
adultery. naturalization. Does this extinguish liability?
o Offended party may pardon before institution of o No. This extinguishes merely the application
criminal complaint. but not the liability for a crime already
o If there is conviction by final judgment, the committed
President may grant PARDON EVEN IF it is a What is the amnesty period rule under BP 22?
private crime. o For BP 22, when a check was issued, there
When does marriage become a condonation? were no funds. But when presented, there
o Under 8353, the marriage between offender already were funds No liability in this case.
and offended party in rape or sexual assault

89
o If there were still no funds when presented, Act 3326: the law defining how to compute
there is amnesty period for 5 days to pay. If prescription for crimes under SPL
paid No liability. o But there are SPLs that themselves provide for
Prescription of crimes manner of computing prescription
o Ex. OEC 5 years
When do crimes prescribe?
What is the rule under Act 3326?
o Death, RP, RT 20 years
o Prescriptive period: from when it is known to
o PM, other afflictive penalties 15 years
the offended party or to the State or agents
o Correctional penalties 10 years
o If not known when committed, when
o AM 5 years
discovered by the offended party or the State
o Light offenses 2 months
or its agents
o Libel and similar offenses 1 year
What do you mean by offended party?
o Oral defamation, slander by deed 6 months
o Private party or government or its agents
o N.B. Remember 20y-10y-2m as the usual rule;
When does the period start running?
then remember that the two mayors are 5y
o When crime is discovered by the offended
less than their brethren. Remember, finally,
that libel and slander are 1 year and 6 months, party, authorities, their agents
respectively. When is the period interrupted?
If the penalty imposed on the convict is a o 1. Counted when complaint filed for preliminary
investigation with public prosecutor or the
compound one, what is the basis for
OMB.
prescription?
What if its a crime punishable under
o The highest penalty.
Summary Procedure?
What is the nature of destierro?
When it is filed directly with the
o Destierro is correctional: prescribes in 10 years
court
What should be considered to determine whether
Or when it is filed with the
the crime has prescribed or not?
prosecutor
o 1. Period of the offense charged
o 2. Offender is outside the Philippines this
o 2. Period when it begins to run
o 3. Period when it is interrupted does not contemplate very brief trips abroad
When does the period resume?

90
o 1. When proceedings terminate without the o N.B. This differs from prescription of crimes in
accused being convicted or acquitted the ff ways:
o 2. When proceedings are unjustifiably stopped 1. RT drops from 20 years to 15 years
for reasons not imputable to the accused 2. Light penalties increase from 2
How about continuing crime? When does period months to 1 year
being to run? 3. Libel and slander have no special
o Prescriptive period runs after the occurrence of periods
the LAST act. When does prescription of penalties start to run?
Supposing a document is executed (ex. REM) and o The prescriptive period for penalties begins to
it is falsified. When does the period run? toll when the accused commits the crime of
o For documents required to be filed with the evasion of service of sentence.
Reg. of Deeds, period begins to run upon filing When is it interrupted?
with the ROD. o 1. Defendant surrenders
But what is the rule for marriage? o 2. Defendant captured
o Prescriptive period should begin to run from o 3. Goes to foreign country where the
when State or agents or offended party Philippines has no extradition treaty
acquired actual knowledge of the second o 4. Commits another crime before expiration of
marriage. Unlike property registration, period
registration of marriage is not constructive Indeterminate Sentence Law
knowledge of marriage.
What is the nature and purpose of the ISL?
Prescription of penalties o For benefit of convict, and to increase
What are the prescriptive periods for penalties? economic contribution.
o Death and RP 20 years o Purpose: to individualize the administration of
o RT, PM, other afflictive penalties 15 years Phil. penal law.
o Correctional penalties 10 years o Looks at convict as private individual, and
o AM 5 years secondly as member of society as a whole.
o Light penalties 1 year o The State is concerned not only in protecting
social organization against criminal acts of

91
destructive individuals, but also in redeeming Treason, misprision of treason, proposal
the individual for economic usefulness and to commit treason;
other social ends. Rebellion, sedition, espionage;
What is the courts role under the ISL? Piracy
o Court must determine the maximum of the o [personal circumstances]
indeterminate penalty, and then the minimum. o 3. Habitual delinquent
How is the maximum determined? o 4. Escaped confinement or evaded sentence
o Consider modifying circumstances. Note that o 5. Violated conditional pardon
the privileged mitigating circumstances must o [too short]
first be considered. o 6. Maximum term of not more than one year
How is the minimum determined? o 7. Those already sentenced by FJ upon
o Minimum is one degree lower than that passage of Act
provided by the RPC. Obviously not applicable now, since
o The minimum is within the whole range of the those incarcerated then are now dead or
next lower penalty, not necessarily in the same out of prison
period as the maximum penalty. Thus, the Does ISL apply to fines?
period of the minimum and maximum need not o No, the ISL does not apply because it applies
be the same. only to penalty of imprisonment with divisible
o Minimum: court has unlimited discretion within penalty.
the range of the minimum of the penalty one There are laws which expressly provide that the
degree lower than the penalty imposed by law convict is not entitled to the benefits of the ISL and
Who cannot avail of ISL? parole. Ex. terrorism law.
o [grave crimes] When can a straight penalty be imposed?
o 1. Convicted and punished with death, life o When BOTH minimum and maximum durations
imprisonment, RP of imprisonment are less than 1 year (outside
For the purpose of ISL, life coverage of the ISL). For instance, in this
imprisonment and RP are synonymous. case, the maximum was four months and one
o 2. Committed: day. The court imposed a straight penalty of
60 days.

92
What is parole? o Must not exceed 6 years (PC).
o When the person serves the minimum of the o Fine must not be 200 pesos or more.
ISL, he may apply for parole. He will be Who are disqualified from probation?
allowed to leave the penal institution under o [Type of conviction]
certain conditions. (Ex. do not commit crime, o 1. Sentenced to maximum term of more than 6
etc.) years
o Offenders who commit crimes while on parole o 2. Convicted of subversion or any crime
are disqualified from ISL. against national security or public order
o This lasts for a certain period of time. o 3. Those who have perfected appeal
o If he complies with the conditions of the parole, o [Had prior record]
the Board of Pardons and Parole will give out o 4. Previously convicted by FJ of offense
final release and discharge. punished by imprisonment not less than 1
What if the offense is punished under an SPL with month and 1 day and/or fine not less than 200
a definite range provided for the penalty? o 5. Once been on probation
o The court still imposes an indeterminate o [Not likely to be applicable]
sentence, using the minimum and maximum o 5. Already serving sentence upon effectivity of
periods provided by the law as limits. probation law
Probation Law Again, this is unlikely to apply now
Differentiate disqualification from denial:
What are the conditions that should accompany a
o Denial is when a person is qualified for
grant of probation?
probation but it is not granted because of, for
o Mandatory conditions:
instance, dubiety in character.
1. Report to designated probation officer
o Note that probation is a privilege, not a right.
within 72 hours after receipt of order
Even if you are not disqualified, it doesnt mean
2. Report periodically to the officer at
you are automatically qualified.
least once a month or sooner, as
What is the number one rule?
determined by the officer
o if you file appeal, you lose benefit of probation.
o Discretionary: the court will specify these
If you file for probation, you cannot appeal.
What is a penalty subject to probation?
When must application for probation be filed?

93
o Within period for perfection of an appeal. o Those who commit terrorism are not entitled to
What is the effect of probation? probation.
o 1. The sentence is suspended What is the remedy if the court denied petition for
o 2. If the probation is violated, the entire probation?
sentence is served o If there was GADALEJ, the remedy is Rule 65
What is the rule on Probation of minors? (Certiorari)
o If the minor is incorrigible, then he will serve Soriano v. CA: In the probation that was granted, a
the penalty of imprisonment. But he is still condition was that he has to submit a program of
entitled to probation. payment for the civil liability. He did not pay. The
How did R.A. 9344 amend the Probation Law? probation was revoked for failure to comply. Went to
o Because normally if you appeal, you lose the CA: unconstitutional because he is being
probation. But under 9344, it is allowed. imprisoned for nonpayment of debt HELD: Wrong
X was sentenced for three crimes, tried jointly. contention! Imprisoned for not complying for
Each had less than a 6 year penalty. If you add condition of probation, not for nonpayment.
them all up, however, they exceed 6 years. Does I: CRIMES AGAINST NATIONAL SECURITY
probation apply?
TREASON (114)
o Yes. By a vote of 8-7, the SC said he is entitled
to probation. The penalty for EACH crime is What is the nature of treason?
considered, not all the crimes. o Treason differs from other crimes, because all
X was convicted of frustrated homicide (PM). He persons are regarded as principals. Those
appealed to CA, which affirmed, but with aiding or abetting, or even those not present in
modifications. He filed petition for probation but the scene but playing just a small part are
was denied for appealing. He claimed he did not considered principals.
appeal from CA decision. Is X entitled to o N.B. This is the only provision in the RPC that
probation? is based on the constitution of the US (Art 3,
o No probation, because appeal that matters is Sec 3), and not borrowed from Spain. This
appeal from the trial court, not the CA. includes the need to either have:
What is the additional rule in RA 9372? Testimony of two witnesses to the same
overt act

94