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Crime defined
Crime is an act committed or
omitted in violation of a public
law forbidding or commanding it.
Exception:
Those provided treaties and
laws of preferential
application.
Exceptions:
As provided in Art. 2 of
the Revised Penal code:
Exceptions:
Whenever a new statute
dealing with crime
establishes conditions more
lenient or favorable to the
accused, it can be given a
retroactive effect.
Characteristics of the
classical theory
1. The basis of criminal
liability is human free will
and the purpose of the
penalty is retribution.
Odette E. Paguio 8 of 529
2. That man is essentially a
moral creature with an
absolutely free will to
choose between good and
evil, thereby placing more
stress upon the effect or
result of the felonious act
that upon the man, the
criminal himself.
3. It has endeavored to
establish a mechanical and
direct proportion between
crime and penalty.
Chapter One F E L O N I E S
Art. 3. Definitions.
Element of felonies
(1) That there must be an act
or omission.
(2) That the act or omission
must be punishable by the
Revised Penal Code.
(3) That the act is performed
or the omission incurred by
means of dolo or culpa.
Omission defined
Omission is meant inaction,
the failure to perform a
positive duty which one is
bound to do. There must be a
law requiring the doing or
performance of an act.
Imprudence indicates
(1) deficiency of action
(2) usually involves lack of
skill
Negligence indicates
(1) deficiency of perception
(2) involves lack of
foresight
Requisites of culpa
(1) He must have FREEDOM
while doing an act or
omitting to do an act;
(2) He must have INTELLIGENCE
while doing the act or
omitting to do the act;
(3) He is IMPRUDENT,
NEGLIGENT or LACKS FORESIGHT
or SKILL while doing the act
or omitting to do the act.
it is frustrated when
Stages of crime
(1) Internal acts - such
as mere ideas in the
mind of a person, are
not punishable even
if, had they been
carried out, they
would not constitute a
crime.
(2) External acts this
covers (a) preparatory
acts and (b) acts of
execution.
(a)Preparatory acts
General Rule
Preparatory acts are not
punishable. Hence,
proposal to commit
Exceptions
When the law provides for
their punishment in
certain felonies.
Preparatory acts which are
considered in themselves,
by law, as independent
crimes are punishable.
Example:
Possession of picklocks is
a preparatory act to the
commission of robbery.
(b)Acts of execution
ATTEMPTED FELONY
Important rules
In crimes against persons, as
homicide, which requires the
victims death to consummate
the felony, it is necessary
for the frustration of the
same that a mortal would be
inflicted, because then the
In other words, in
frustrated felony, the
offender has reached the
objective phase, in
CONSUMMATED FELONY
Nature of crime
In Arson, it is not necessary
that the property is totally
destroyed by fire. The crime
of arson is therefore,
consummated even if only a
portion of the wall or any
other part of the house is
burned.
Formal Crimes
Consummated in one instant,
no attempt. There are
crimes like slander and
false testimony, which are
consummated in one instant,
by a single act.
Felony by omission
There can be no attempted
stage when the felony is by
omission, because in this
king of felony the offender
Consummated Rape
Entry of labia or lips of
the female organ without
rupture of the hymen or
laceration of the vagina is
generally held sufficient
to warrant conviction of
the accused for consummated
crime of rape.
Attempted rape
The accused placed himself
on top of a woman, and
raising her skirt in an
effort to get his knees
between here legs while his
hands held her arms firmly,
endeavoring to have sexual
intercourse with her, but
not succeeding because the
offended party was able to
Light felonies
Light felonies are those
infractions of law for the
commission of which the
penalty is arresto menor or a
fine not exceeding 200 pesos
or both, is proved.
Exception
They are punishable only in
the cases in which the law
specially provides a penalty
therefor.
Indications of conspiracy
When the defendants by their
acts aimed at the same object,
one performing one part and
the other performing another
part so as to complete it,
with a view to the attainment
of the same object, and their
acts, though apparently
independent, were in fact
concerted and cooperative,
indicating closeness of
personal association,
It is fundamental for
conspiracy to exist that there
must be unity of purpose and
unity in the execution of the
unlawful objective.
Requisites of conspiracy
(1) That two or more persons
came to an agreement;
(2) That the agreement
concerned the commission of
a felony; and
(3) That the execution of the
felony be decidedupon.
Justifying Circumstances
defined
Justifying circumstances
are those where the act of
the person is said to be in
accordance with law, so
that such person is deemed
not to have transgressed
the law and is free from
Burden of Proof
The circumstances mentioned
in Art. 11 are matters of
defense it is incumbent
upon the accused, in order
to avoid criminal
liability, to prove the
justifying circumstance
claimed by him to the
satisfaction of the court.
Unlawful aggression is an
indispensable requisite
It is a statutory and
doctrinal requirement that
Kinds of Aggression
(1) Lawful and
(2) Unlawful
There is unlawful
aggression when the peril
to ones life, limb or
right is either actual or
imminent. There must be
actual physical force or
actual use of weapon.
There must be an actual
physical assault upon a
person, or at least a
threat to inflict real
injury.
Kinds of Unlawful
Aggression
(1) Actual that the
danger must be present,
that is, actually in
existence.
(2) Imminent that the
danger is on the point of
happening. It is not
required that the attack
already begins, for it
may be too late.
The reasonableness of
either or both such
necessity depends on the
existence of unlawful
In repelling or preventing
an unlawful aggression, the
one defending must aim at
his assailant, and not
indiscriminately fire his
deadly weapon.
Test of reasonableness of
the means used
Whether or not the means
employed is reasonable,
will depend upon the nature
and quality of the weapon
used by the aggressor, his
physical condition,
character, size and other
circumstances, and those of
the person defending
himself, and also the place
and occasion of the
assault.
Physical condition,
character and size
When the one defending
himself who was a middle
Other circumstances
considered
In view of the imminence of
the danger, a shotgun is a
reasonable means to prevent
an aggression with a bolo.
Defense of Relatives
Anyone who acts in defense
of the person or rights of
his spouse, ascendants,
descendants, or legitimate,
natural or adopted brothers
or sisters, or of his
relatives by affinity in
the same degrees, and those
by consanguinity within the
fourth civil degree,
provided that the first and
Requisites of defense of
relatives
(1) Unlawful aggression.
Defense of Stranger
Anyone who acts in defense
of the person or right of a
stranger, provided that the
first and second requisites
mentioned in the first
circumstance of this
article are present and
that the person defending
be not induced by revenge,
resentment, or other evil
motive.
Basis of defense of
stranger
What one may do in his
defense, another may do for
him. Persons acting in
defense of others are in
the same condition and upon
the same plane as those who
act in defense of
themselves. The ordinary
man would not stand idly by
and see his companion
Fulfillment of Duty or
Lawful Exercise of Right or
Office
Requisites
(1) That the accused acted
in the performance of a
duty or in the lawful
exercise of a right or
office;
(2) That the injury caused
or the offense committed
be the necessary
consequence of the due
performance of duty or
the lawful exercise of
such right or office
Requisites:
(1) That an order has been
issued by a superior.
(2) That such order must
be for some lawful
purpose.
(3) That the means used by
the subordinate to carry
out said order is lawful.
Definition of Exempting
Circumstances
Exempting circumstances
(non-imputability) are
those grounds for exemption
Odette E. Paguio 118 of 529
from punishment because
there is wanting in the
agent of the crime any of
the conditions which make
the act voluntary, or
negligent.
Basis of exempting
circumstances
The exemption from
punishment is based on the
complete absence of
intelligence, freedom of
action, or intent, or on
the absence of negligence
on the part of the accused.
Burden of proof
Any of the circumstances
mentioned in Art. 12 is a
matter of defense and the
same must be proved by the
Evidence of insanity
The evidence of insanity
must refer to the time
preceding the act under
prosecution or to the very
moment of its execution.
Basis of Paragraph 1
The exempting circumstance
of insanity or imbecility
is based on the complete
absence of intelligence, an
element of voluntariness.
There is absolute
irresponsibility in the
case of a minor under nine
years of age
An infant under the age of
nine years is presumed to
18 or over to Full
70 responsibil
years . . . . ity
Basis of paragraph 2
The exempting circumstance
of minority is based also
on the complete absence of
intelligence
Meaning of discernment
Discernment means the
mental capacity of a minor
between 9 and 15 years of
age to fully appreciate the
consequences of his
unlawful act.
Basis of paragraph 3
The exempting circumstances
in paragraph 3 of Art. 12
is based also on the
complete absence of
intelligence.
Elements:
(1) A person is performing
a lawful act;
(2) With due care;
(3) He causes an injury to
another by mere accident;
(4) Without fault or
intention of causing it.
What is an accident?
An accident is something
that happens outside the
sway of our will, and
although it comes about
through some act of our
Basis of paragraph 4
The exempting circumstance
in paragraph 4 of Art. 12
is based on lack of
negligence and intent.
Under this circumstance, a
person does not commit
either an intentional
felony or a culpable
felony.
Elements:
(1) That the compulsion is
by means of physical
force.
(2) That the physical
force must be
irresistible.
(3) That the physical
force must come from a
third person.
No compulsion of
irresistible force
The pretension of an
accused that he was
threatened with a gun by
his friend, the mastermind,
is not credible where he
Passion or obfuscation
cannot be irresistible
force
The irresistible force can
never consist in an impulse
or passion, or obfuscation.
It must consist of an
extraneous force coming
from a third person.
Basis of paragraph 5
The exempting circumstance
in paragraph 5 of Art. 12
is based on the complete
absence of freedom, an
element of voluntariness.
Nature of force required
The force must be
irresistible to reduce the
Elements
(1) That the threat which
causes the fear is of an
evil greater than or at
least equal to, that
Requisites of
uncontrollable fear
(1) An existence of an
uncontrollable fear;
(2) The fear must be real
and imminent and
(3) The fear of an injury
is greater than or at
least equal to that
committed.
Distinction between
irresistible force and
uncontrollable fear
In irresistible force, the
offender uses violence or
physical force to compel
another person to commit a
crime.
Basis of paragraph 6
Elements
(1) That an act is
required by law to be
done;
(2) That a person fails to
perform such act;
When it is applicable
This exempting circumstance
applies to felonies
committed by omission.
Insuperable cause is
equal to unavoidable
situation.
Basis of paragraph
The circumstance in
paragraph 7 of Art. 12
exempts the accused from
criminal liability, because
he acts without intent, the
third condition of
voluntariness in
intentional felony.
Entrapment
Entrapment signifies the
ways and means devised by a
peace officer to entrap or
apprehend a person who has
committed a crime. With or
without the entrapment, the
crime has been committed
already. Entrapment is not
a mitigating.
Instigation
(1) the instigator
practically induces the
would-be-defendant into
the commission of the
offense and himself
becomes a co-principal;
(2) the defendant would be
acquitted.
Absolutory causes
Classes of Mitigating
Circumstances
(1) Ordinary mitigating
(2) Privileged
Distinctions between
ordinary and privileged
mitigating circumstances
Ordinary mitigating
circumstances
Privileged mitigating
circumstances
(1) Privileged mitigating
circumstances cannot be
offset by any aggravating
circumstances.
(2) Privileged mitigating
circumstances has the
effect of imposing the
Since a mitigating
circumstances is a matter
of defense the accused must
prove it with concrete
evidence to the
satisfaction of the court.
Art. 13 Paragraph 1
Privileged Mitigating
Circumstance
When all the requisites
necessary to justify or to
exempt from criminal
liability in the respective
Circumstances of
justification or exemption
which may give place to
mitigation
(1) Self-defense (Art. 11,
Par. 1);
(2) Defense of relatives
(Art. 11, Par. 2);
(3) Defense of stranger
(Art. 11, Par. 3);
(4) State of necessity
(Art. 11, Par. 4);
(5) Performance of duty
(Art. 11, Par. 5);
(6) Obedience to order of
superior (Art. 11, Par.
6);
In self-defense, defense of
relative or defense of
stranger, it is essential
that unlawful aggression be
present; otherwise, there
can be no such defense,
whether complete or
incomplete. (People vs.
Rosal, G.R. No. L-5355,
August 31, 1953)
In the exempting
circumstance of accident,
Art. 13 Paragraph 2
Privileged Mitigating
Circumstance
The offender is under 18
years
Art. 13 Paragraph 3
The offender had no
intention to commit so
grave a wrong as that
committed
Basis of paragraph
In this circumstance,
intent, an element of
voluntariness in
intentional felony, is
diminished.
Art. 13 Paragraph 4
That sufficient provocation
or threat on the part of
the offended party
Meaning of sufficient
provocation
Adequate to excite a person
to commit the crime and
must accordingly be
proportionate to its
gravity.
Requisites
(1) Provocation must be
sufficient;
Meaning of immediate
That there is no interval
of time between the
provocation and the
commission of the crime.
(People vs. Pagal, No. L-
32040, Oct. 25, 1977)
Basis of paragraph
The mitigating circumstance
is based on the diminution
of intelligence and intent.
Requisites
1. That there be a grave
offense done to the one
committing the felony,
his spouse, ascendants,
descendants, legitimate,
natural or adopted
brothers or sisters, or
Meaning of Immediate
Immediate means proximate
and hence, an interval of
time may lapse from the
commission of the grave
offense to the commission
of the c rime in
vindication thereof, but if
a considerable period of
time lapsed which is
Distinction between
provocation and vindication
of a grave offense
1. The provocation, it is
directed against the
person committing the
felony, whereas,
vindication of a grave
offense, may be committed
not only against the
offender but also against
the relatives who are
mentioned in the law.
Art. 13 Paragraph 6
That of having acted upon
an impulse so powerful as
naturally to have produced
passion or obfuscation.
Requirements of paragraph
1. The accused acted upon an
impulse.
2. The impulse must be so
powerful that it naturally
produced or obfuscation in
him.
Requisites of the
mitigating circumstance of
passion or obfuscation:
1. That there be an act,
both unlawful and
sufficient to produce
such a condition of mid;
and
2. That said act which
produced the obfuscation
was not far removed from
the commission of the
crime by a considerable
length of time, during
Basis of paragraph 6
Passion or obfuscation is a
mitigating circumstance
because the offender who
acts with passion or
obfuscation suffers a
diminution of his
intelligence and intent.
Art. 13 Paragraph 7
That the offender had
(1) voluntarily
surrendered himself to a
person in authority or
his agents, or
Two mitigating
circumstances are provided
in this paragraph
1. Voluntary surrender to a
person in authority or his
agents.
2. Voluntary confession of
guilt before the court
prior to the presentation
of evidence for the
prosecution.
Requisites of voluntary
surrender
Requisites of voluntariness
For voluntary surrender to
be appreciated, the same
must be spontaneous in such
a manner that it shows the
interest of the accused to
surrender unconditionally
to the authorities, either
because he acknowledged his
guilt or because he wishes
to save them the trouble
and expenses necessarily
When is surrender
voluntary?
A surrender to be voluntary
must be spontaneous,
showing the intent of the
accused to submit himself
unconditionally tot he
authorities, either
(1) because he
acknowledges his guilt,
or
(2) because he wishes to
save them the trouble and
Requisites of plea of
guilty
(1) That the offender
spontaneously confessed
his guilt.
Mandatory presentation of
evidence in plea of guilty
to capital offense
The present Revised Rules
of Court (Sec. 3, Rule 116)
decrees that where the
accused pleads guilty to a
capital offense, it is not
mandatory for the court to
require the prosecution to
prove the guilt of the
accused and his precise
degree of culpability, with
the accused being likewise
entitled to present
Basis of paragraph 7
The basis of the mitigating
circumstances of voluntary
surrender and plea of
guilty is the lesser
perversity of the offender.
Art. 13 Paragraph 8
That the offender is deaf
and dumb, blind or
otherwise suffering from
some physical defect which
thus restricts his means of
action, defense, or
communication with his
fellow beings.
Basis of paragraph 8
Paragraph 8 of Art. 13
considers the fact that one
suffering from physical
defect, which restricts
ones means of action,
defense, or communication
with ones fellow beings,
does not have complete
freedom of action and,
therefore, there is a
diminution of that element
of voluntariness.
Requisites
1. That the illness of the
offender must diminish the
exercise of his will-
power.
2. That such illness should
not deprive the offender
of consciousness of his
acts.
Basis of paragraph 9
The circumstance in
paragraph 9 of Art. 13 is
mitigating because there is
a diminution of
intelligence and intent.
Art. 13 Paragraph 10
Any other circumstance of a
similar nature and
analogous to those above-
mentioned.
Basis of Aggravating
circumstances
They are based on the
greater perversity of the
offender manifested in the
commission of the felony as
shown by
(1) the motivating power
itself,
Kinds of aggravating
circumstances
(1) Generic
(2) Specific
(3) Qualifying
(4) Inherent
2. A qualifying aggravating
circumstance cannot be
offset by mitigating
circumstance;
A generic aggravating
circumstance may be
compensated by a
mitigating circumstance.
3. A qualifying aggravating
circumstance to be such
must be alleged in the
information. If it is
not alleged, it is a
generic aggravating
circumstance only.
Art. 14 Paragraph 1
That advantage be taken by
the offender of his public
position.
When applicable
The aggravating
circumstance that advantage
be taken by the offender of
his public position applies
only when the person
committing the crime is a
public officer who takes
advantage of his public
position.
Meaning of advantage be
taken by the offender of
his public position.
The public officer must use
the influence, prestige or
ascendancy which his office
gives him as the means by
Art. 14 Paragraph 2
Requisites of this
circumstance
(1) That the public
authority is engaged in
the exercise of his
function.
(2) That he who is thus
engaged in the exercise
of said functions is not
Meaning of public
authority
A public authority,
sometimes also called a
person in authority, is a
public officer who is
directly vested with
jurisdiction, that is, a
public officer who has the
power to govern and execute
the laws. The councilor,
the mayor, the governor,
etc., are persons in
Art. 14 Paragraph 3
That the act be committed
(1) with insult or in
disregard of the respect
due the offended party on
account of his
(a) Rank;
Meaning of rank
Rank refers to
(1) a high social position
or standing as a grade in
the armed forces; or
(2) to a graded official
standing or social
Examples of disregard of
the sex of the offended
party.
(1) When a person compels
a woman to go to his
house against her will,
the crime of coercion
with the aggravating
circumstance of
disrespect to sex is
committed.
Dwelling defined
Dwelling must be a building
or structure, exclusively
used for rest and comfort.
It includes dependencies,
staircase, and enclosures
under the house.
Meaning of provocation in
the aggravating
circumstance of dwelling
The provocation must be:
(1) Given by the owner of
the dwelling,
(2) Sufficient, and
(3) Immediate to the
commission of the crime.
Art. 14 Paragraph 4
That the act be committed
(1) Abuse of confidence or
(2) Obvious
ungratefulness.
Requisites of Abuse of
Confidence
Abuse of confidence
This circumstance exists
only when the offended
party has trusted the
offender who later abuses
such trust by committing
the crime. The abuse of
confidence must be a means
of facilitating the
Ungratefulness must be
obvious ungratefulness
Art. 14 Paragraph 5
That the act be committed
(a) In the palace of the
Chief Executive or
(b) In his presence or
(c) Where public
authorities are engaged
in the discharge of their
duties, or
Art. 14 Paragraph 6
That the act be committed
(1) in the nighttime or
(2) in an uninhabited
place or
(3) an a band
whenever may facilitate the
commission of the offense.
When aggravating
Nighttime, uninhabited
place or band is
aggravating
(1) when it facilitated
the commission of the
crime; or
(2) when especially sought
for the offender to
insure the commission of
the crime or for the
purpose of impunity; or
(3) when the offender took
advantage thereof for the
purpose of impunity.
Meaning of nighttime
Nighttime is that period of
darkness beginning at the
end of dusk and ending at
dawn.
Meaning of uninhabited
place
An uninhabited place is one
where there are no houses
at all, a place at a
considerable distance from
town, or where the houses
are scattered at a great
distance from each other.
Meaning of a band
Band consists of at least
four armed malefactors
organized with the
intention of carrying out
any unlawful design.
By a band is aggravating
in crimes against property
or against persons or in
the crime of illegal
detention or treason
The aggravating
circumstance of by a band
is considered in crimes
against property. It was
taken into account also in
illegal detention and in
treason.
By a band is inherent in
brigandage
In the crime of brigandage,
which is committed by more
than three armed persons
forming a band of robbers,
Chaotic condition as an
aggravating circumstance
The phrase or other
calamity or misfortune
refers to other conditions
Art. 14 Paragraph 8
That the crime be committed
with
(1) armed men, or
Requisites of this
aggravating circumstance.
1. That armed men or persons
took part in the
commission of the crime
direct or indirectly.
2. That the accused availed
himself of their aid or
relied upon them when the
crime was committed.
Art. 14 Paragraph 9
That the accused is a
recidivist
Requisites:
(1) That the offender is
on trial for an offense;
(2) That he was previously
convicted by final
judgment of another
crime;
(3) That both the first
and the second offenses
are embraced in the same
title of the Code;
Art. 14 Paragraph 10
That the offender has been
previously punished for
(1) an offense to which
the law attaches an equal
or greater penalty or
(2) for two or more crimes
to which it attaches a
lighter penalty
Requisites:
(1) That the accused is on
trial for an offense;
(2) The he previously
served sentence for
another offense to which
the law attaches an equal
or greater penalty or for
two or more crimes to
which it attaches lighter
penalty than that for the
new offense.
(3) The he is convicted of
the new offense.
Art. 14 Paragraph 11
That the crime be committed
in consideration of
(1) price,
(2) reward or
(3) promise.
Basis
This is based on the
greater perversity of the
offender, as shown by the
motivating power itself.
Art. 14 Paragraph 12
That the crime be committed
by means of
(1) inundation,
(2) fire,
(3) explosion,
(4) stranding of a vessel
or intentional damage
thereto,
(5) derailment of a
locomotive, or
(6) by the use of any
other artifice involving
great waste and ruin
Essence of premeditation
The essence of
premeditation is that the
Requisites of evident
premeditation
The prosecution must prove-
(1) The time when the
offender determined to
commit the crime;
(2) An act manifestly
indicating that the
culprit has clung to his
determination; and
(3) A sufficient lapse of
time between the
determination and
Conspiracy generally
presupposes premeditation
Where conspiracy is
directly established, with
proof of the attendant
deliberation and selection
Art. 14 Paragraph 14
That
(1) craft,
(2) fraud, or
(3) disguise
be employed.
Craft defined
Craft involves the use of
intellectual trickery or
cunning on the part of the
accused, it is not
attendant where the accused
was practically in a stupor
when the crime was
committed.
Fraud defined
Insidious words or
machinations used to induce
Disguise defined
Resorting to any device to
conceal identity.
Art. 14 Paragraph 15
That
(1) advantage be taken of
superior strength, or
(2) means be employed to
weaken the defense.
Meaning of advantage be
taken
To take advantage of
superior strength means to
use purposely excessive
force out of proportion to
When aggravating
circumstances is present
(1) If several persons,
all armed, attacked the
victim who is
defenseless, this
circumstance is present.
(2) In the case of four
persons, armed with
bladed instruments, while
the victim was alone,
Aggravating circumstances
absorbing band
Abuse of superior strength
absorbs band. The two
circumstances have the same
essence which is the
utilization of the combined
strength of the assailants
to overpower the victim and
consummate the killing.
Meaning of treachery
There is treachery when the
offender commits any of the
crimes against the person,
employing means, methods or
forms in the execution
thereof which tend directly
and specially to insure its
execution, without risk to
himself arising from the
Requisites of treachery
(1) That at the time of
the attack, the victim
was not in a position to
defend himself; and
(2) That the offender
consciously adopted the
particular means, methods
Art. 14 Paragraph 17
That means be employed or
circumstances brought about
which add ignominy to the
natural effects of the act.
Ignominy, defined
Ignominy is a circumstance
pertaining to the moral
order, which adds disgrace
and obloquy to the material
injury caused by the crime.
Applicable to crimes
against chastity, less
serious physical injuries,
light or grave coercion and
murder.
This aggravating
circumstance is applicable
when the crime committed is
against chastity, like
rape.
Art. 14 Paragraph 18
That the crime be committed
after an unlawful entry.
Art. 14 Paragraph 19
That as a means to the
commission of a crime,
(1) a wall,
(2) roof,
(3) door, or
(4) window
be broken.
Art. 14 Paragraph 20
That the crime be committed
(1) with the aid of
persons under fifteen
years of age, or
By means of motor
vehicles
Use of motor vehicle is
aggravating where the
accused used the motor
vehicle in going to the
place of the crime, in
carrying away the effects
thereof, and in
facilitating their escape.
Art. 14 Paragraph 21
That the wrong done in the
commission of the crime be
deliberately augmented by
causing other wrong not
necessary for its
commission.
For cruelty to be
aggravating, it is
essential that the wrong
done was intended to
prolong the suffering of
the victim, causing him
unnecessary moral and
physical pain.
Requisites of cruelty
Cruelty considered in
extracting victims eye and
stuffing his mouth with mud
After hog-tying the victim,
the accused extracted the
Definition or concept
Alternative circumstances
are those which must be
taken into consideration as
aggravating or mitigating
according to the nature and
effects of the crime and
the other conditions
attending its commission.
Kinds of alternative
circumstances
(1) Relationship
Intoxication when
mitigating and when
aggravating
Intoxication is mitigating
if it is not habitual or it
is not subsequent tot he
plan of the commission of a
felony. It is aggravating
if it is habitual or
intentional.
Par. 1 Principals by
Direct Participation
They are those who,
participating in the
criminal design, proceed to
carry out their plan and
personally take part in its
execution.
Conspiracy
A conspiracy exist when two
or more persons come to an
agreement concerning the
commission of a felony and
decide to commit it. (Art.
8, par. 2)
Par. 2 Principals by
Induction
Those who directly force or
induce others to commit
it. Those who directly
induce others to commit the
Requisites
In order that a person may
be convicted as a principal
by inducement, the
following requisites must
be present:
(1) That the inducement be
made directly with the
intention of procuring
the commission of the
crime; and
(2) That such inducement
be the determining cause
Par. 3
Principals by Indispensable
Cooperation
Those who cooperate in the
commission of the offense
by another act without
Requisites
(1) Participation in the
criminal resolution, that
is, there is either
anterior conspiracy or
unity of criminal purpose
and intention immediately
Requisites to consider a
person an accomplice
1. That there be community
of design; that is,
knowing the criminal
design of the principal
by direct participation,
he concurs with the
latter in his purpose;
2. That he cooperates in the
execution of the offense
by previous or
Specific acts of
accessories
(1) By profiting
themselves or assisting
the offender to profit by
the effects of the crime
Requisites:
(1) The accessory is a
public officer.
(2) He harbor, conceals,
or assists in the
escape of the
principal.
Requisites:
(1) The accessory is a
private person.
(2) He harbors, conceals
or assists in the
escape of the author of
the crime.
(3) The crime committed
by the principal is
either
(a) treason,
(b) parricide,
(c) murder,
Accessories liability is
subordinate and subsequent
Where the alleged
incendiary was acquitted,
it is neither proper nor
possible to convict the
defendant as accessory.
The responsibility of the
accessory is subordinate to
that of the principal in a
crime, because the
accessorys participation
therein is subsequent to
PRESIDENTIAL DECREE
NO. 1612
Definition of Terms
Fencing is the act
of any person who,
with intent to gain
for himself or for
another, shall buy,
possess, keep,
acquire, conceal, sell
or dispose of, or
shall buy and sell, or
in any other manner
deal in any article,
item, object or
anything of value
which he knows, or
should be known to
him, to have been
derived from the
Presumption of Fencing
Mere possession of any
good, article, item,
object, or anything of
value which has been
the subject of robbery
or thievery shall be
Accessory distinguished
from principal and
accomplice
(1) The accessory does not
take direct part or
cooperate in, or induce,
the commission of the
crime.
(2) The accessory does not
cooperate in the
commission of the offense
by acts either prior
thereto or simultaneous
therewith.
(3) The participation of
the accessory in all
cases always takes place
after the commission of
the crime.
Chapter One
PENALTIES IN GENERAL
Penalty defined
Penalty is the suffering
that is inflicted by the
State for the transgression
of a law.
Different juridical
conditions of penalty
(1) Must be productive of
suffering, without
however affecting the
integrity of the human
personality.
(2) Must be commensurate
with the offense.
Constitution restriction on
penalties
Scale
PRINCIPAL PENALTIES
Capital punishment:
Death.
Afflictive penalties:
Reclusion perpetua,
Reclusion temporal,
Perpetual or temporary
absolute disqualification,
ACCESSORY PENALTIES
Perpetual or temporary absolute
disqualification,
Perpetual or temporary special
disqualification,
Reclusion temporal.
Arresto mayor.
The duration of the penalty of arresto
mayor
(1) shall be from one month and one
day to six months.
Arresto menor.
The duration of the penalty of arresto
menor
(1) shall be from one day to thirty
days.
Duration of each of
different penalties
In case of temporary
disqualification, such
disqualification as is comprised in
paragraphs 2 and 3 of this article
shall last during the term of the
sentence.
Section One.
Rules for the application of penalties to the
persons criminally liable and for the
graduation of the same.
Requisites:
Accomp 1 2 3
lic
es
Access 2 3 4
ories
Divisible penalties
Reclusion temporal down to
arresto menor.
Simplified rules
The rules prescribed in
paragraphs 4 and 5 of Art.
61 may be simplified as
follows:
Mitigating or aggravating
circumstances and habitual
delinquency shall be taken into
account for the purpose of
diminishing or increasing the penalty
in conformity with the following rules:
1.Aggravating circumstances which in
themselves constitute a crime
specially punishable by law or which
are included by the law in defining a
crime and prescribing the penalty
Requisites of habitual
delinquency
(1) That the offender had
been convicted of any of
the crimes of
(a) serious or less
serious physical
injuries
(b) robbery
(c) theft,
(d) estafa, or
(e) falsification.
(2) That after the
conviction or after
serving his sentence, he
again committed, and,
SCALE NO. 1
1. Death,
2. Reclusion perpetua,
SCALE NO. 2
1.Perpetual absolute
disqualification,
2.Temporal absolute
disqualification
3.Suspension from public
office, the right to vote
and be voted for, the right
to follow a profession or
calling,
4.Public censure,
From 14
From 12 From 17
From 12 years, 8
years and years, 4
years months
Reclusion 1 day to months
and 1 and 1 day
temporal 14 years and 1 day
day to 20 to 17
and 8 to 20
years. years and
months. years.
4months.
From 2
Prision From 6 From 4
From 6 years, 4
correccion months years, 2
months months
al, and 1 day months
and 1 and 1 day
suspension to 2 years and 1 day
day to 6 to 4 years
and and 4 to 6
years. and
destierro months. years.
2months.
As a rule, it is intended
to favor the accused
particularly to shorten his
term of imprisonment,
depending upon his behavior
and his physical, mental,
and moral record as a
prisoner to be determined
Scope of Indeterminate
Sentence Law
Covers crimes punishable
under the Revised Penal
Code or Special Law.
Maximum term of
indeterminate sentence is
the penalty in view of
the attending
circumstances that can be
imposed under the Revised
Penal Code.
b. Special Law
Maximum term of
indeterminate sentence
shall not exceed the
maximum fixed by law and
the minimum shall not be
less than the minimum
prescribed by said law.
b. Maximum
Example
Homicide in which one
mitigating circumstance
attended its commission.
Cases in which
Indeterminate Sentence Law
is not applied
(1) Offenses punished by
death or life
imprisonment.
(2) Those convicted of
treason, conspiracy or
proposal to commit
treason.
People vs. Co
67 O.G. 7451
If the accused escaped
from the National
Mental Hospital is
entitled to the
benefits of the
PROBATION LAW
PD No. 968 as amended by PD No. 1257 and
as further amended by BP. Blg. 76 and PD
No. 1990
Meaning of Probation
Probation is a disposition
under which a defendant,
after conviction and
sentence, is released
subject to conditions
imposed by the court and to
the supervision of a
probation officer.
Criteria for placing an
offender on probation
The court shall consider
Effects of violation of
probation order
Upon the failure of the
probationer to comply with
any of the conditions
prescribed in the order, or
Duration a convict be
placed on probation
1. If the convict is
sentenced to a term of
imprisonment of not more
than one year, the period
of probation shall not
exceed two years.
2. In all other cases, if he
is sentenced to more than
one year, said period
shall not exceed six
years.
3. When the sentence imposes
a fine only and the
offender is made to serve
Chapter Five
EXECUTION AND SERVICE OF
PENALTIES
Section One.
General Provisions
Chapter One
TOTAL EXTINCTION OF CRIMINAL
LIABILITY
Crimes punishable by
(1) death,
(2) reclusion perpetua or
(3) reclusion temporal
shall prescribe in twenty years.
Chapter One
PERSON CIVILLY LIABLE FOR
FELONIES
Elements
(1) The employer, teacher,
person or corporation is
engaged in any kind of
industry.