CRIMINAL LAW (3RD WEEK) | JRGB
a. MEMORIZE AND DISCUSS ARTICLE 8.
Art. 8. Conspiracy and proposal to commit
felony. — Conspiracy and proposal to commit
felony are punishable only in the cases in
which the law specially provides a penalty
therefor.
A conspiracy exists when two or more persons
come to an agreement concerning the
commission of a felony and decide to commit it.
There is proposal when the person who has
decided to commit a felony proposes its
execution to some other person or persons.
“Conspiracy and proposal to commit felony”
- Conspiracy and proposal to commit
felony are two different acts or felonies:
(1) conspiracy to commit a felony; and (2)
proposal to commit a felony.
“Only on the cases in which the law specially
provides a penalty therefor.”
- Unless there is a specific provision in the
RPC providing a penalty for conspiracy
or proposal to commit a felony, mere
conspiracy or proposal is not a felony.
b. WHAT IS CONSPIRACY?
- A conspiracy exists when two or more
persons come to an agreement
concerning the commission of a felony
and decide to commit it.
- Conspiracy is not a crime except when
the law specifically provides a penalty
therefor.
c. EXPLAIN PROPOSAL TO COMMIT A
FELONY.
There is proposal when the person who
has decided to commit a felony proposes
its execution to some other person or
persons.
d. ARE CONSPIRCY AND PROPOSAL TO
COMMIT A FELONY PUNISHABLE?
GENERAL RULE:
Conspiracy and Proposal to Commit Felony
are not punishable.
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e. WHEN ARE CONSPIRACY AND
PROPOSAL TO COMMIT A FELONY
PUNISHABLE?
They are punishable only in the cases in
which the law SPECIALLY PROVIDES A
PENALTY THEREFOR.
f. WHY IS CONSPIRACY AND
PROPOSAL TO COMMIT A FELONY
PUNISHABLE FOR CRIMES AGAINST
EXTERNAL AND INTERNAL
SECURITY OF STATE?
In ordinary crimes, the State survives the
victim, and the culprit cannot find in the
success of his work any impunity. Whereas,
in crimes against the external and internal
security of the State, if the culprit succeeds
in his criminal enterprise, he would obtain
the power and therefore impunity for the
crime committed.
g. DISTINGUISH CONSPIRACY AND
PROPOSAL TO COMMIT A FELONY.
A conspiracy exists when two or more persons
come to an agreement concerning the
commission of a felony and decide to commit
it.
There is proposal when the person who has
decided to commit a felony proposes its
execution to some other person or persons.
h. WHAT ARE THE KINDS OF
CONSPIRACY? EXPLAIN.
1. CONSPIRACY AS A FELONY
- relates to a crime actually committed.
- It is not a felony but only a manner of
incurring criminal liability
- It is not a separate offense
2. CONSPIRACY AS A MANNER OF
INCURRING CRIMINAL LIABILITY
- Not punishable as a criminal offense.
CRIMINAL LAW (3RD WEEK) | JRGB
i. WHAT ARE THE 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
DECIDED upon.
j. WHAT IS THE QUANTUM OF PROOF
TO ESTABLISH CONSPIRACY?
- The elements of conspiracy must be
proven beyond reasonable doubt.
- Settled is the rule that to establish
conspiracy, EVIDENCE OF ACTUAL
COOPERATION rather than mere
cognizance or approval of an illegal act
is required.
- A conspiracy must be established by
POSITIVE AND CONCLUSIVE
EVIDENCE. It must be shown to exist as
clearly and convincingly as the
commission of the crime itself.
- Mere presence of a person at the scene
of the crime does not make him a
conspirator for conspiracy transcends
companionship.
j.1. DISCUSS PEOPLE OF THE
PHILIPPINES V. HENRY ORTIZ,
G.R. NO. 111713, 27 JANUARY
1997.
k. WHAT ARE THE REQUISITES OF A
PROPOSAL?
1. That a person HAS DECIDED TO
COMMIT A FELONY; and
2. That he PROPOSES ITS EXECUTION to
some other person or persons.
l. WHAT IS ARTICLE 9?
Art. 9. Grave felonies, less grave felonies and
light felonies. — Grave felonies are those to
which the law attaches the capital punishment
or penalties which in any of their periods are
afflictive, in accordance with Art. 25 of this
Code.
Less grave felonies are those which the law
punishes with penalties which in their
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maximum period are correctional, in
accordance with the above-mentioned Article.
Light felonies are those infractions of law for
the commission of which a penalty of arrest
menor or a fine not exceeding 200 pesos or
both; is provided.
Article 9 classifies felonies ACCORDING TO
THEIR GRAVITY. The gravity of the felonies
is determined by the penalties attached to
them by law.
m. WHAT ARE GRAVE FELONIES?
Grave Felonies are those to which the law
attaches the capital punishment of
penalties which in any of their periods are
AFFLICTIVE, in accordance with Article 25
of this Code.
n. WHAT ARE LESS GRAVE FELONIES?
Less Grave Felonies are those which the law
punishes with penalties which in their
maximum period are CORRECTIONAL, in
accordance with the above-mentioned
articles.
o. WHAT ARE LIGHT FELONIES?
Light felonies are those infractions of law for
the commission of which a penalty of
ARRESTO MENOR OR A FINE NOT
EXCEEDING 200 PESOS OR BOTH; is
provided.
p. DISCUSS ARTICLE 10.
Art. 10. Offenses not subject to the provisions of
this Code. — Offenses which are or in the future
may be punishable under special laws are not
subject to the provisions of this Code. This
Code shall be supplementary to such laws,
unless the latter should specially provide the
contrary.
Article 10 is composed of two clauses. In the
first, it is provided that offenses under
special laws are not subject to the
CRIMINAL LAW (3RD WEEK) | JRGB
provisions of the Code. The second makes
the code supplementary to such laws.
The first clause should be understood to
mean only that the special penal laws are
controlling with regard to offenses therein
specifically punished. Said clause only
restates the elemental rule of statutory
construction that special legal provisions
prevail over general ones. Lex specialis
derogant generali.
The second clause contains the soul of this
article. The main idea of the article is
embodied in the provision that the “code
shall be supplementary” to special laws,
unless the latter should specifically provide
the contrary.
q. MEMORIZE AND DISCUSS ARTICLE
11.
Art. 11. Justifying circumstances. — The
following do not incur any criminal liability:
1. Anyone who acts in defense of his person or
rights, provided that the following
circumstances concur;
First. Unlawful aggression.
Second. Reasonable necessity of the means
employed to prevent or repel it.
Third. Lack of sufficient provocation on the part
of the person defending himself.
2. Anyone who acts in defense of the person or
rights of his spouse, ascendants, descendants,
or legitimate, natural or adopted brothers or
sisters, or his relatives by affinity in the same
degrees and those consanguinity within the
fourth civil degree, provided that the first and
second requisites prescribed in the next
preceding circumstance are present, and the
further requisite, in case the revocation was
given by the person attacked, that the one
making defense had no part therein.
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3. Anyone who acts in defense of the person or
rights of a stranger, provided that the first and
second requisites mentioned in the first
circumstance of this Art. are present and that
the person defending be not induced by
revenge, resentment, or other evil motive.
4. Any person who, in order to avoid an evil or
injury, does not act which causes damage to
another, provided that the following requisites
are present;
First. That the evil sought to be avoided
actually exists;
Second. That the injury feared be greater than
that done to avoid it;
Third. That there be no other practical and less
harmful means of preventing it.
5. Any person who acts in the fulfillment of a
duty or in the lawful exercise of a right or office.
6. Any person who acts in obedience to an order
issued by a superior for some lawful purpose.
r. DISCUSS EACH OF THE JUSTIFYING
CIRCUMSTANCES UNDER ARTICLE
11.
s. WHAT MUST AN ACCUSED
ESTABLISH TO SUCCESSFULLY
INVOKE SELF DEFENSE? EXPLAIN
EACH.
s.1. UNLAWFUL AGGRESSION
- Equivalent to assault or at least
threatened assault of an immediate
and imminent kind.
- There must be actual physical
force or actual use of weapon.
o DISCUSS PEOPLE V.
MANZANO, G.R. NO. 217974,
05 MARCH 2018.
s.2. REASONABLE NECESSITY OF
THE MEANS EMPLOYED AND
THE DOCTRINE OF RATIONAL
EQUIVALENCE
o There be a necessity of the
course of action taken by the
person making an offense.
o There be a necessity of the
means used.
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o DISCUSS ESPINOSA V.
PEOPLE, G.R.NO. 181071,
15 MARCH 2010.
s.3. LACK OF SUFFICIENT
PROVOCATION.
o The one defending himself must
not have given cause for the
aggression by his unjust conduct
by inciting or provoking the
assailant.
o PEOPLE V. BOHOIST-
CABALLERO, G.R. NO. L-
23249, 25 NOVEMBER 1974.
t. WHEN IS INCOMPLETE SELF-
DEFENSE PRESENT? WHAT IS ITS
EFFECT?
- When one of the last two requisites
of self-defense is not present.
- Its effect is the reduction of the
penalty by one or two degrees
depending on the given
circumstance.
t.1. DISCUSS PEOPLE V.
OANDASAN, G.R. NO. L-29532,
28 SEPTEMBER 1968.
u. DISCUSS DEFENSE OF A RELATIVE.
WHAT ARE ITS REQUISITES?
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
second requisites prescribed in the next
preceding circumstance are present, and
the further requisite, in case the
provocation was given by the person
attacked, that the one making defense had
no part therein.
REQUISITES OF DEFENSE OF RELATIVES:
1. Unlawful Aggression;
2. Reasonable necessity of the means
employed to prevent or repel it; and
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3. In case the provocation was given by
the person attacked, the ONE MAKING
A DEFENSE HAD NO PART THEREIN.
v. DISCUSS DEFENSE OF A STRANGER.
WHAT ARE ITS REQUISITES?
Anyone who acts in defense of the person or
rights 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.
REQUISITES OF DEFENSE OF STRANGER:
1. Unlawful Aggression;
2. Reasonable necessity of the means
employed to prevent or repel it; and
3. The person defending be NOT INDUCED
BY REVENGE, RESENTMENT, or other
EVIL MOTIVE.
w. WHAT ARE THE REQUISITES FOR
THE APPLICATION OG ART. 11 (4)?
Any person who, in order to avoid an evil or
injury, does not act which causes damage
to another, provided that the following
requisites are present:
1. That the evil sought to be avoided
actually exists;
2. That the injury feared be greater than
that done to avoid it;
3. That there be no other practical and less
harmful means of preventing it.
w.1 DISCUSS MARZALADO V.
PEOPLE, G.R. NO. 152997, 10
NOVEMBER 2004.
x. WHAT ARE THE REQUISITES FOR
THE APPLICATION OF ART. 11 (5)?
Any person who acts in the fulfillment of a
duty or in the lawful exercise of a right or
office.
REQUISITES OF ARTICLE 11(5):
1. That the accused acted in the
performance of a duty or in the lawful
exercise of a right or office;
CRIMINAL LAW (3RD WEEK) | JRGB 5
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.

x.1. DISCUSS FRIAS, JR. AND

TACAS V. PEOPLE, G.R. NO. L
65762, 23 JUNE 1984.

y. WHAT ARE THE REQUISITES FOR

THE APPLICATION OF ART. 11 (6)?

Any person who acts in obedience to an

order issued by a superior for some lawful
purpose.

REQUISITES OF ARTICLE 11(6):

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.

y.1. DISCUSS APELADO, SR. V.

PEOPLE, G.R. NO. 175482, 6
JULY 2011