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1.

Define the ff.

a. Composite crime (Special Complex Crime)

- is one in which substance is made up of more than one crime, but which in the eyes of the law is only a single indivisible offense.

b. Complex crime proper

- when an offense is the necessary means for committing the other.

Requisites:

1. At least two offenses are committed

2. One or some of the offenses must be necessary to commit the other

3. Both or all the offenses must be punished under the same statute

c. Compound crime

- when a single act constitutes two or more grave or less grave felonies.

Requisites:

1. Only a single act is performed by the offender

2. The single act produces:

i. Two or more grave felonies

ii. One or more grave and one or more less grave felonies

iii. Two or more less grave felonies.

d. Continued crime

- is a single crime, consisting of a series of acts but arising from one criminal resolution.

- Here, the offender is impelled by a single criminal impulse but committed a series of acts at about the same time in about the same place and all the overt acts violate one and the same provision law.

2. Distinguish the following

a. Pardon and amnesty

Amnesty

- an act of the sovereign power granting oblivion or a general pardon for past offense.

Pardon

- an act of grace proceeding from the power entrusted with the execution of the laws which exempts the individual on whom it is bestowed from the punishment the law inflicts for the crime he has committed.

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Amnesty

Pardon

A blanket pardon to classes of persons or communities

Exercised individually by the President

Involves political crimes

Involves any crime

Exercised even before trial or investigation

Exercised only when person is convicted

Looks backward and abolishes and puts into oblivion the offense itself as though no offense was committed

Looks forward and relieves the offender from the consequences of an offense he has been convicted

Private act of President; must be pleaded and proved by the person pardoned

By proclamation of the President with concurrence of the Congress

Both do not extinguish the civil liability of the offender

b. Principal by direct participation, by inducement, by indispensable cooperation

Principal by direct participation

Principal by inducement

 

Principal by

indispensable

 

cooperation

those who take direct part in the execution of the act

those who directly force or induce others to commit it

those who cooperate in the commission of the offense by another act without which it would not have been accomplished

Principals by direct participation are those who materially execute the crime. They appear at the crime scene and perform acts necessary for the commission of the crime.

Principals by induction are those who directly force or induce another to commit a crime. To be a principal by induction, it is necessary that the inducement be the determining cause of the commission of the crime by the principal by direct participation that is, without such, the crime would not have been committed.

Those who:

1.

Participated directly in

the criminal resolution; or

2.

Cooperated in the

commission of the crime by performing an act, without which it would not have been accomplished.

Requisites

Requisites

Requisites

1. They participated in the criminal resolution.

2. They carried out the plan and personally took part in its execution by acts, which directly tended to the same end.

1. That the inducement be made directly with the intention of

procuring the commission of the crime ; and

1. Participation in the criminal resolution

2. Cooperation in the commission of the offense by performing another act, without

2. That the inducement be the determining cause of the commission of the crime by the material executor.

 

which would not have been accomplished

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c.

Reiteracion, habitual delinquency, recidivism, quasi-recidivism

Reiteracion

Recidivism

 

Habitual

 

Quasi-Recidivism

Delinquency

 

Offender previously convicted by final judgment

Offender previously punished

Habitual Delinquency- when a person within

Quasi-Recidivism any person who shall

a

period of 10

commit a felony after having been:

Offense must be embraced in the same title of the Code

Offenses are not embraced in the same title of the Code

years from the date of conviction or last

release for any crimes of:

Convicted of a final judgment

If present, always aggravating

Not always aggravating; depends on discretion of the court

Before beginning

Serious physical injuries

 

to serve sentence, or

 

Less serious physical injuries

While serving the same sentence

 

Theft

Robbery

shall be punished by

Estafa

a

maximum period of

Falsification

the penalty

Is

found guilty of any

prescribed by law for the new felony.

of the said crimes a third time or oftener.

REITERACION

RECIDIVISM

 

HABITUAL

QUASI-RECIDIVISM

DELIQUENCY

It is necessary that the offender shall have served out his sentence for the first offense

It is enough that a final judgment has been rendered in the first offense

Within a period of 10 years from the date of release or last conviction of the crimes covered, he is found guilty of any of said crimes a third time or oftener

Felony was committed after having been convicted by final judgment of an offense, before beginning to serve sentence or while serving the same

The previous and subsequent offenses must not be embraced by the same Title of the RPC

Requires that the offenses be included in the same Title of the Code

Crimes covered are serious or less serious physical injuries, robbery, theft, estafa and falsification

First and subsequent conviction may or may not be embraced by the same title of the RPC

Not always aggravating; discretion of the court to appreciate

It increases the penalty to its maximum period

Shall suffer additional penalty

Shall be punished by the maximum period

of

the penalty

 

prescribed by law for

 

the new felony

Includes offenses under special law

Felonies under RPC only

Limited to serious or less serious physical injuries, robbery, theft, estafa and falsification

First crime for which

the offender is serving sentence need not be

   

a

crime under the

 

RPC but the second crime must be one under the RPC

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A generic aggravating circumstance

A generic aggravating circumstance

Extraordinary aggravating circumstance which cannot be offset by a mitigating circumstance

Special aggravating circumstance which may be offset by special privileged mitigating circumstances not by ordinary mitigating circumstances

3. Extinguishment of criminal liability

1. By the death of the convict, as to the personal penalties and as to pecuniary penalties, liability therefor is extinguished only when the death of the offender occurs before final judgment.

2. By service of the sentence;

3. By amnesty, which completely extinguishes the penalty and all its effects;

4. By absolute pardon;

5. By prescription of the crime;

6. By prescription of the penalty;

7. By the marriage of the offended woman, as provided in Article 344 of this Code.

4. Disqualified offenders

a. Intermediate Sentence LAW

1. Convicted of:

(a)

An offense punishable with death penalty, reclusion perpetua or life imprisonment

(b)

Treason, conspiracy or proposal to commit treason

(c)

Misprision of treason, rebellion, sedition, espionage

(d)

Piracy

2. Who are habitual delinquents

3. Who shall have escaped from confinement or evaded sentence

4. Granted conditional pardon by the Chief Executive and shall have violated the term (condition) thereto

5. Whose maximum term of imprisonment does not exceed one year

6. Sentenced to the penalty of destierro or suspension only; Any person convicted of a crime but the penalty imposed upon him does not involve imprisonment

7. Who are already serving final judgment upon the approval of the Indeterminate Sentence Law. (Sec. 2)

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b. Probation law

Offenders who are disqualified are those:

1. Sentenced to serve a maximum term of imprisonment of more than six years;

2. Convicted of subversion or any offense against the security of the State, or the Public Order;

3. Who have previously been convicted by final judgment of an offense

punished by imprisonment of not less than one month and one day and/or a fine of not more than Two Hundred Pesos;

4. Who have been once on probation under the provisions of this Decree; and

5. Who are already serving sentence at the time the substantive provisions of PD 968 became applicable pursuant to Sec. 33 hereof (Effectivity clause: PD 968’s substantive provisions took effect on 3 January 1978)

CONDITIONAL PARDON

PAROLE

It may be given at any time after final judgment by the Chief Executive.

It may be given after the prisoner has served the minimum penalty by the Board of Pardons and Parole under the provisions of the Indeterminate Sentence Law.

For violation of the conditional pardon, the convict may be rearrested or reincarcerated by the Chief Executive or may be prosecuted under Art. 159 of the Code.

For violation of the parole, the convict cannot be prosecuted under Art. 159. He can be rearrested and reincarcerated to serve the unserved portion of his original penalty.

Note: The mere commission, not conviction by the court, of any crime is sufficient to warrant the parolee’s arrest and reincarceration (Guevarra, in Reyes, p. 869).

PARDON BY THE CHIEF EXECUTIVE

PARDON BY THE OFFENDED PARTY

It extinguishes the criminal liability of the offender.

It does not extinguish criminal liability of the offender.

It cannot exempt the offender from the payment of the civil indemnity.

Offended party can waive the civil liability which the offender must pay.

It is granted only after conviction and may be extended to any of the offenders.

Pardon should be given before the institution of criminal prosecution and must be extended to both offenders. (Art. 344)

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Case About

1. Civil liability

2. Treachery

Summary of rules:

(1) When aggression is continuous, treachery must be present at the beginning of the assault; (2) When the assault was not continuous, in that there was interruption, it is sufficient that treachery was present at the moment the fatal blow was given.

Q: What is basis of this aggravating circumstance? A: The means and ways employed in the commission of the crime.

Q: What is treachery? A: Treachery (aleviosa) refers to the employment of means, method, or form in the commission of the crime which tend directly and specially to insure its execution without risk to himself arising from the defense which the offended party might make. It means that the offended party was not given the opportunity to defend himself.

Q: What are the rules regarding treachery? A:

1. Applicable only to crimes against persons.

2. Means, methods, or forms insure its execution but need not insure accomplishment of crime.

3. The mode of attack must be thought of by the offender, and must not spring from the unexpected turns of events

Note: Treachery cannot co-exist with passion or obfuscation (People v. Pansensoy, G.R. No. 140634, Sept. 12, 2002)

Q: What is the essence of treachery? A: The essence of the qualifying circumstance is the suddenness, surprise and the lack of expectation that the attack will take place, thus, depriving the victim of any real opportunity for self-defense while ensuring the commission of the crime without risk to the aggressor. Likewise, even when the victim was forewarned of the danger to his person, treachery may still be appreciated since what is decisive is that the execution of the attack made it impossible for the victim to defend himself or to retaliate (People v. Villacorta, G.R. No. 186412, September 7, 2011).

Q: What are the elements of treachery? A:

1. The employment of means of execution that would insure the safety of the accused from retaliatory acts of the intended victim and leaving the latter without an opportunity to defend himself

2. The means employed were deliberately or consciously adopted by the offender. (People of the Philippines v. Wenceslao Nelmida, et al, G.R. No. 184500, September 11, 2012).

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Q: What is the test of treachery? A: The test of treachery is not only the relative position of the parties but more specifically whether or not the victim was forewarned or afforded the opportunity to make a defense or to ward off the attack.

Q: Does a frontal attack negate the presence of treachery? A: No. Although frontal, if the attack was unexpected, and the unarmed victim was in no position to repel the attack, treachery can still be appreciated (People v. Pelis, G.R. No. 189328, February 21, 2011).

Q: Can treachery be appreciated in error in personae and aberratio ictus? A: Yes. Treachery is appreciated in error in personae and aberratio ictus, provided that the offender consciously employed treacherous means to insure the execution of the crime and to render the victim defenseless.

3. Both habitual delinquency and recidivism

1. Recidivism the offender at the-time of his trial for one crime shall have been previously convicted by final judgment of another embraced in the same title of the RPC. Note: It is important that the conviction which came earlier must refer to the crime committed earlier than the subsequent conviction.

2. Habitual delinquency the offender within the period of 10 years from the date of his release or last conviction of the crimes of serious or less serious physical injuries, robbery, theft, estafa or falsification, is found guilty of any of the said crimes a third time or oftener. (Art. 62, RPC)

4. How penalty computed

What are the rules for the computation of penalties? The following rules must be observed by the Director of Prisons or the warden when computing the penalties imposed upon the convicts:

1. When the offender is in prison

duration of temporary penalties is from the day on which the judgment of conviction becomes final. Ratio: The duration of temporary penalties shall be computed only from the day the judgment of conviction becomes final, and not from the day of his detention because under Art. 24 the arrest and temporary detention of the accused is not considered a penalty.

2. When the offender is not in prison

duration of penalty consisting in deprivation of liberty, is from the day that the offender is placed at the disposal of judicial authorities for the enforcement of the penalty.

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3. The duration of other penalties

duration is from the day on which the offender commences to serve his sentence.

5. Special penal law

6. Probation

7. Commutation of service

8. Who is habitual delinquent

- when a person within a period of 10 years from the date of conviction or last release for any crimes of:

Serious physical injuries

Less serious physical injuries

Theft

Robbery

Estafa

Falsification

Is found guilty of any of the said crimes a third time or oftener.

9. Accessory

Those who do not participate in the criminal design, nor cooperate in the commission of the felony, but with knowledge of the commission of the crime, he subsequently takes part in three ways by:

1. Profiting or assisting the offender to profit by the effects of the crime;

2. Concealing or destroying the body of the crime to prevent its discovery;

Note: Where the accused misleads the authorities by giving them false information, such act is equivalent to concealment and he should be held as an accessory.

3. Harboring, concealing or assisting in the escape of the principal of the crime.

The accessory comes into the picture when the crime is already consummated, not before the consummation of the crime.

Note: One cannot be an accessory unless he knew of the commission of the crime, however, he must not have participated in its commission.

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10. Principal by inducement

Q: What are the two ways of becoming a principal by induction? A:

1. By directly forcing another to commit a crime by

a. Using irresistible force such physical force as would produce an effect upon the individual that in spite of all resistance, it reduces him to a mere instrument

b. Causing uncontrollable fear compulsion by means of intimidation or threat that promise an evil of such gravity and eminence that the ordinary man would have succumbed to it.

Note: Only the one using force or causing fear is criminally liable. The material executor is not criminally liable because of exempting circumstances of irresistible force and uncontrollable fear under par. 5 & 6 of Art. 12.

2. By directly inducing another to commit a crime by

a. By giving price, offering ,reward or promise

Requisites:

i. Inducement must be made directly with the intention of procuring the commission of the crime;

ii. Such inducement be the determining cause of the commission of the crime by the material executor.

b. By using words of commands

Requisites:

i. The one uttering the words of command must have the intention of procuring the commission of the crime;

ii. He must have an ascendancy or influence over the person who acted;

iii. Words used must be so direct, so efficacious, and powerful as to amount to physical or moral coercion;

iv. Words of command must be uttered prior to the commission of the crime;

v. Material executor of the crime has no personal reason to commit the crime.

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