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RIMINAL LAW I

Maria Regina C. Gameng, 4S

Friday, September 13, 2019


Topics
(RPC, Arts. 1 – 11+)
Terms and Applicability
General Principles MIS vs. MP
Maxims and Effectivity

Aberratio ictus, Felonies as


Intentional vs. Error in
Criminal Liabilities and
Culpable personae,
to gravity Conspiracy and
Felonies felonies Praeter and stage of proposal
intentionem execution

Circumstances Affecting Justifying Absolutory


Criminal Liability Circumstances Causes

✓ Sources: Reyes, Boado, Campanilla


2
Definition of Terms
✓ CRIMINAL LAW - that branch or division of law which defines crimes,
treats of their nature, and provides for their punishment
✓ CRIME – act or omission punishable by law
✓ FELONY – crime punishable under the RPC committed either
intentionally or negligently
✓ OFFENSE – crime punishable under special laws, i.e. any law other
than the RPC
✓ INFRACTIONS – violations of ordinances
✓ MALUM IN SE – (“evil in itself”) a crime or an act that is inherently
immoral
✓ MALUM PROHIBITUM – (“prohibited evil”) a crime merely because it is
prohibited by statute, although the act itself is not necessarily immoral

3
Legal Maxims
✓ Nullum crimen nulla poena sine lege
✓ Actus non facit reum, nisi mens sit rea
✓ Actus me invito factus non est meus actus
✓ El que es causa de la causa es causa del mal causado
✓ In dubio, pro reo

4
Mala in se vs. Mala prohibita
✓ NOT all mala in se crimes are found in the RPC.
✓ NOT all mala prohibita crimes are provided by special laws.
▪ Mala in se crimes under SPL: Plunder
▪ Mala prohibita crimes under RPC: Technical malversation

✓ Test: inherent immorality or vileness of the penalized act.


✓ Generally, criminal intent is immaterial in MP (With expns: ex. Plunder)
✓ In MP, good faith is not a defense.

5
Applicability and Effectivity of the RPC
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.

NOTES:
✓ Special laws which merely amend RPC provisions vs. Special penal laws
✓ 1st sentence: RPC provisions are not intended to supersede special
laws.
✓ 2nd sentence: RPC provisions apply suppletorily to special laws.

6
Applicability and Effectivity of the RPC
NOTES:
✓ General Rule: RPC will not apply to special laws.
▪ Exception: RPC provisions apply suppletorily to special laws.
Examples: Art. 17, 18, 19 – Persons liable
Art. 22 – Retroactive effect of penal laws
Art. 39 - Subsidiary imprisonment
Art. 45 – Confiscation of instruments used in crimes

▪ Exceptions to the exception (i.e. RPC will not apply):


1) Where the law provides otherwise;
2) When the provisions of the RPC are impossible to apply, either by
express provision or by necessary implication (ex. Penalties, Stages of
execution, Modifying circumstances).

7
Characteristics of the RPC
1. Prospectivity
✓ General Rule: Penal laws shall have prospective application.
▪ Exceptions: (i.e. Law retroacts when):
1. Favorable to the accused, who is not a habitual delinquent. (Art.
22 & 62(5)
2. Law decriminalizes act, even if the accused/ convict is a habitual
delinquent. (RA 10158, re Art. 202; RA 10655, re Art. 351)
3. Law expressly provides retroactivity, even if the accused/ convict
is a habitual delinquent. (RA 10951, Sec. 101)

NOTES:
 Limitation on the power of congress (No ex post facto law may be passed).
 Effects of repeal and amendment
8
Characteristics of the RPC
2. Generality
✓ General Rule: Penal laws and those of public security and safety shall
be obligatory upon all who live or sojourn in Philippine territory,
subject to the principles of public international law and treaty
stipulations (ART. 14, CC).
▪ Exceptions:
1. Treaty Stipulations – Enhanced Defense Cooperation Agreement
2. Principles of Public International Law – Vienna Convention on
Diplomatic Relations (SCAMM), Consuls in exercise of official
function
3. Laws of Preferential Application – RA No. 75, PD No. 1083

NOTES:
 Limitation on the power of congress.
9
Characteristics of the RPC
3. Territoriality
✓ Except as provided in treaties and laws of preferential application, the
provisions of this Code (RPC), shall be enforced xxx within the Philippine
Archipelago, including its atmosphere, its interior waters and maritime
zones xxx (ART. 2, RPC)

NOTES:
 Three Principles embodied in Art. 2:
1. Principle of Territoriality (intra-territoriality)
2. Exceptions to Territoriality (exterritoriality)
 To be a valid exception to the Principle of Territoriality, the crime must
have been committed within Philippine territory.
 If it is committed outside Philippine territory, principle of Extra-territoriality
applies.
3. Extra-territoriality (enumeration)
 Not an exception to the Principle of Territoriality.

10
Generality vs. Territoriality
 If the accused invokes immunity because of the unique characteristic of his
person, the applicable principle is GENERALITY.
▪ Example: A diplomatic agent is exempted from criminal liability because of
diplomatic immunity which attaches to his person, not because he
committed an offense in particular place.

 If the accused invokes immunity because of the unique characteristic of the


place, the applicable principle is TERRITORIALITY.
▪ Example: An American tourist committed a crime inside the US Embassy.
While technically it is PH territory, jurisdiction of the Philippines over the
embassy is limited or restricted by “the principles of inviolability of
diplomatic premises.” It is a generally accepted principle of international
law which is an exception to territoriality.

11
Extra-Territoriality (SCIPA)
1. Commission of an offense while on Philippine Ship or airship
✓ Merchant or private vessel
✓ Registration under PH laws – MARINA or CAB
✓ Crime committed while vessel is on International waters (high seas)

NOTES:
 Warship rule and official vessels
 Foreign merchant or private vessels on PH territory – English vs. French rule
 A continuing crime committed on board foreign merchant vessel sailing to
the Philippines is triable in our courts.
 The country of registry, not the ownership, determines its nationality.
 Crime committed on board PH vessels while in PH waters (RPC applies)

12
Extra-Territoriality (SCIPA)
2. Forging or Counterfeiting any coin or currency note of the Philippines or
obligations and securities issued by the Government (RPC, Arts. 163 & 166);
3. Introduction into the Philippines of the obligations and securities mentioned in
the preceding number;
✓ Protective principle
4. Public officers or employees who commit an offense in the exercise of their
functions; and
5. Commission of any of the crimes Against national security and the law of
nations.
✓ Rebellion is a crime against public order.
✓ Terrorism is a crime against national security and the law of nations.
NOTES:
 SPL with extra-territoriality application: Human Security Act of 2007 (RA 9372);
Anti-Trafficking in Persons Act of 2003 (RA 9206 as amended by RA 10364)

13
Felonies
ARTICLE 3. Definition. Acts and omissions punishable by law are felonies
(delitos). Felonies are committed not only by means of deceit (dolo) but
also by means of fault (culpa). There is deceit when the act is performed
with deliberate intent; and there is fault when the wrongful act results
from imprudence, negligence, lack of foresight, or lack of skill.

NOTES:
✓ Act must be external which has direct connection with the felony intended to
be committed (overt act).
✓ Punishable by law: Nullum crimen, nulla poena sine lege.
✓ Felonies as to commission: intentional and culpable

14
Intentional Felonies
 Requisites:
1. Freedom
2. Intelligence
3. Criminal intent

NOTES:
✓ Voluntariness: freedom and intelligence
✓ Absence of freedom or intelligence: can fall under exempting circumstances
✓ Lack of intent: can fall under justifying circumstances
✓ Motive is not an essential element of a crime.
✓ Specific intent vs. general intent
✓ Importance of ascertaining specific intent

15
Intentional Felonies
HONEST MISTAKE OF FACT PRINCIPLE (Ignorantia facti excusat)
 Requisites:
1. Act done would have been lawful had the facts been as the accused
believed them to be;
2. Mistake of fact is not due to negligence; and
3. Mistake is not accompanied with criminal intent of the offender.

✓ Mistake of fact or good faith of the accused is a defense in a crime committed


by dolo; such defense negates malice or criminal intent (Manuel v. People, G.R.
No. 165842, November 29, 2005).
✓ US v. Ah Chong - The accused had no alternative but to take the facts as they
appeared to him, and such facts justified his act of killing his roommate.
✓ People v. Oanis – There was no mistake of fact when the accused police officers
were shot Tecson, whom they thought to be Balagtas (a notorious criminal) who
was sleeping in his bed, without ascertaining his identity.
16
Culpable Felonies
 Requisites:
1. Freedom
2. Intelligence
3. Negligence, imprudence, lack of foresight or lack of skill

NOTES:
✓ Voluntary
✓ Negligence and conspiracy cannot co-exist because crimes committed through
negligence presuppose lack of intent, whereas conspiracy denotes a meeting of
minds of co-conspirator, precisely for the purpose or intention of committing a
crime.

17
Criminal Liability
ARTICLE 4. Criminal liability shall be incurred:
1. By any person committing a felony (delito) although the wrongful act
done be different from that which he intended.
2. By any person performing an act which would be an offense against
persons or property, were it not for the inherent impossibility of its
accomplishment or on account of the employment of inadequate or
ineffectual means.

NOTES:
✓ Par. 1: El que es causa de la causa es causa del mal causado
▪ Intentional felonies (with intent and punishable under the RPC)

✓ Par. 2: Impossible crimes

18
Art. 4 (par. 1)
1. By any person committing a felony (delito) although the wrongful act
done be different from that which he intended.

 Elements:
i. Intentional felony has been committed;
ii. The felony committed by the accused should be the proximate cause of the
resulting injury.

NOTES:
✓ A felony is not the proximate cause of the resulting injury if (1) the resulting
injury is due to the intentional act of the victim or (2) if there is an efficient
intervening cause.

19
Art. 4 (par. 1)
Causes which produce a result different from that intended by the
offender:
1. Error in personae – a person is criminally responsible for committing an
intentional felony although the actual victim is different from the
intended victim due to mistake of identity.
✓ still liable under Art. 49
2. Aberratio ictus – mistake of blow. A person is criminally responsible for
committing an intentional felony although the actual victim is different
from the intended victim due to mistake of blow.
✓ still liable; can fall under Art. 48
3. Praeter intentionem – a person shall incur criminal liability for
committing an intentional felony although its wrongful consequence is
graver than that intended.
✓ still liable; mitigating circumstance (Art. 13, par. 3)

20
Art. 4 (par. 1)
FACTOR INTENT EFFECT ON CRIMINAL
LIABILITY
Error in personae Intended result falls on Extenuating if the resulting
another due to error in the crime is greater than
identity of the victim intended, e.g., parricide
when what is intended is
homicide (Art. 49); no effect
if the resulting crime is the
same as that intended
Aberratio ictus Intent is against Increases criminal liability
unintended victim or the which generally results to
effect is in addition to complex crime (Art. 48, RPC)
injury on intended victim
Praeter intentionem Actual crime is greater Mitigating under Art. 13, par.
than intended 3

21
Art. 4 (par. 2)
2. By any person performing an act which would be an offense against
persons or property, were it not for the inherent impossibility of its
accomplishment or on account of the employment of inadequate or
ineffectual means.

 Elements (PEIN):
i. The act performed would be an offense against Persons or property;
ii. The act was done with Evil intent;
iii. Its accomplishment is Inherently impossible, or that the means employed is
either Inadequate or Ineffectual; and
iv. That the act performed should Not constitute a violation of another
provision of the RPC.

22
Art. 5 – Duty of the Court
Duty of the Court in Connection with Acts Which Should Be Repressed but
Which are Not Covered by the Law, and in Cases of Excessive Penalties.

NOTES:
✓ The basis of Par. 1 of Art. 5 is the legal maxim, nullum crimen, nulla
poena sine lege, that is, there is no crime if there is no law that
punishes the act.
✓ The basis of Par. 2 of Art. 5 is the principle dura lex sed lex, that is, the
law may be harsh, but the law is the law. The most the judge could do
is to recommend to the Chief Executive to grant executive clemency.

23
Art. 6 – Stages of Execution
NOTES:
✓ Formal crimes (crimes of effect) - These are felonies which by a single
act of the accused consummates the offense as a matter of law. There
is no attempted or frustrated stage.
Examples:
• physical injuries,
• acts of lasciviousness,
• slander,
• illegal exaction,
• perjury,
• false testimony,
• Coup d’état

24
Art. 6 – Stages of Execution
NOTES:
✓ Material crimes - These are crimes which involve the three stages of
execution.
Not applicable to:
1. Felonies by Omission - These are crimes where there can be no attempted
stage because the offender does not execute acts, e.g. misprision of
treason.
2. Felonies by culpa
3. Violations of SPL (Art. 10, unless SPL specifies stages)
4. Formal crimes
5. Crimes consummated by mere attempt (attempt to flee to an enemy
country, treason, corruption of minors)
6. Impossible crimes

25
Art. 6 – Stages of Execution
NOTES:
 Development of a crime
1. Internal acts – mere ideas
2. External acts – perceptible acts
▪ Preparatory acts are not punishable under the RPC as long as they remain
equivocal or of uncertain significance. However, preparatory acts are
punishable if the law prescribes a penalty for its commission such as
proposal or conspiracy to commit rebellion, or possession of picklock.
▪ An overt or external act is defined as some physical activity or deed,
indicating the intention to commit a particular crime, more than a mere
planning or preparation, which if carried out to its complete termination
following its natural course, without being frustrated by external obstacles
nor by the spontaneous desistance of the perpetrator, will logically and
necessarily ripen into a concrete offense.

26
Art. 6 – Consummated Felony
A felony is consummated when all the elements necessary for its execution
and accomplishment are present (RPC, Art. 6, Par. 2).

NOTES:
 The offender does not have to do anything else to consummate the offense. He
has already reached the objective stage of the offense that he no longer has
control of his acts having already performed all that is necessary to accomplish
his purpose.
 Subjective Phase – It is that portion of the acts constituting the crime, including
the act which begins the commission of the crime and the last act performed by
the offender which results in the consummated crime.
▪ Attempted – stays in the subjective phase
▪ Frustrated and Consummated – reached objective phase

 Objective Phase - It is the phase when the offender has performed all the acts
necessary to accomplish the crime and may either be frustrated when the crime
does not result notwithstanding or, consummated when the crime is produced.
27
Art. 6 – Attempted Felony
 Elements (CDOC):
i. The offender Commences the commission of the felony directly by overt
acts (i.e. external acts and directly related to the felony);
ii. He Does not perform all the acts of execution which should produce the
felony;
iii. Offender’s act is not stopped by his own spontaneous desistance;
iv. The non-performance of all acts of execution was due to a Cause or
accident other than the offender’s own spontaneous desistance (Rivera v.
People, G.R. No. 166326, January 25, 2006).
NOTES:
✓ To be an attempted crime, the purpose of the offender must be thwarted by a
foreign force or agency which intervenes and compels him to stop prior to the
moment when he has performed all the acts which should produce the crime as
a consequence, which act it is his intention to perform.

28
Art. 6 – Attempted Felony
 Indeterminate stage - It is one where the purpose of the offender in
performing an act is not certain. Its nature in relation to its objective
is ambiguous. The accused may be convicted of a felony defined by the
acts performed by him up to the time of desistance.

 Spontaneous Desistance of the Accused


▪ Spontaneous desistance is exculpatory only:
1. If made during the attempted stage, and
2. Provided, that the acts already committed do not constitute any offense
(CAMPANILLA, Volume I, supra at 56).

29
Art. 6 – Frustrated Felony
 Elements (AWNI):
i. The offender performs all the acts of execution;
ii. All the acts performed would produce the felony as a consequence (belief
of accused as to whether or not he had performed all acts of execution is
immaterial);
iii. But the felony is not produced; and
iv. By reason of causes independent of the will of the perpetrator (People v.
Caballero, G.R. No. 149028-30, April 2, 2003).

NOTES:
 No frustrated rape nor frustrated theft.
 Attempted rape vs. acts of lasciviousness: intent to lie with the victim. Only the
direct overt acts of the offender establish the intent to lie with the female.

30
Art. 7 – Light Felonies
Infractions of law for which the penalty of arresto menor or a fine not
exceeding forty thousand (P40,000) pesos or both is provided (RPC, Art. 9,
as amended by R.A. 10951, Sec. 1).
NOTES:
 Light felonies are punishable only when they have been consummated,
with the exception of those committed against person or property.
▪ Light Felonies under the RPC: (STAMI)
1. Slight physical injuries (Art. 266);
2. Theft (Art. 309, Pars. (7) and (8), as amended by R.A. No. 10951), when the value of
thing stolen does not exceed five hundred pesos (P500) and theft is committed under
the circumstances enumerated under Art. 308, Par. 3;
3. Alteration of boundary marks (Art. 313);
4. Malicious mischief (Art. 328, Par. (3), Art. 329, Par. (3), as amended by R.A. No.
10951), when the value of the damage does not exceed forty thousand pesos (P40,000)
or cannot be estimated; and
5. Intriguing against honor (Art. 364)
31
Art. 8 – Conspiracy and Proposal
✓ General Rule: Mere conspiracy or proposal to commit a felony is not
punishable since they are only preparatory acts. They are not the overt
acts that amount to the commencement of a felony.
▪ Exception: In cases in which the law specially provides a penalty
therefor.

 Requisites of Conspiracy (ACE):


1. Two or more persons came to an Agreement (may be oral or written,
express or implied)
2. The agreement concerned the Commission of a felony; and
3. The Execution of the felony be decided upon.

32
Conspiracy as a felony
✓ Mere Conspiracy
▪ There is mere conspiracy when two or more persons have a mere agreement
to commit the acts necessary to produce the offense but not the actual
execution thereof.
▪ Punishable only in cases where the law specifically penalizes such act and
provides a penalty therefor.

✓ Examples: Under RPC: (TRIC-SM)


1. Treason, (Art. 115);
2. Rebellion, (Art. 136);
3. Insurrection, (Art. 136);
4. Coup d’ etat, (Art. 136);
5. Sedition, (Art. 141); and
6. Monopolies and combinations in restraint of trade (Art. 186).
33
Conspiracy as manner of
incurring criminal liability
✓ Imputability Doctrine
▪ Act of an offender is imputable to his co-conspirator although they are not
similarly situated in relation to the object of the crime.

✓ General Rule: Once proven, the act of one is the act of all.
▪ Exception: Unless one or some of the conspirators committed some other
crime which is not part of the intended crime.
▪ Exceptions to the exception:
1. When the co-conspirator lends moral support and did not prevent the commission
of the other crime;
2. When the other crime is the natural consequence of the crime planned; and
3. When the act constitutes a “single indivisible offense”

34
Doctrine of Implied Conspiracy
✓ Conspiracy is deemed implied when the malefactors have a common
purpose and were united in its execution. Spontaneous agreement or
active cooperation by all perpetrators at the moment of the
commission of the crime is sufficient to create joint criminal
responsibility.
 Mere knowledge, acquiescence to or agreement to cooperate, is not enough
to constitute one as party to conspiracy, absent any active participation in
the commission of the crime, with a view to the furtherance of the common
design and purpose— conspiracy transcends companionship.
 Mere presence at the scene of the crime, without more, will not make a
person liable, and this is true even if he approves of the acts of the
offenders.

35
Art. 8 –Proposal
✓ It is committed when the person who has decided to commit a felony
proposes its execution to some other person or persons (RPC, Art. 8,
Par. (1)).
 Requisites of Proposal:
1. A person has decided to commit a felony; and
2. He proposes its execution to some other person or persons.

 The law specially provides penalty for mere proposal in: (TRIC)
1. Treason (Art. 115);
2. Rebellion (Art. 136);
3. Insurrection (Art. 136); and
4. Coup d’ etat (Art. 136).
Note: There is no crime of proposal to commit sedition.

36
Art. 9 – Felonies as to Gravity
 Importance of Classification
✓ To determine whether these felonies can be complexed or not;
✓ To determine the prescription of the crime and the prescription of the
penalty;
✓ To determine the duration of subsidiary penalty to be imposed (RPC, Art.
39(2)), where the subsidiary penalty is based on severity of the penalty;
✓ To determine the duration of the detention in case of failure to post the
bond to keep the peace (RPC, Art. 35);
✓ To determine whether or not the person in authority or his agents have
committed delay in the delivery of detained persons to the judicial
authority (RPC, Art. 125); and
✓ To determine the proper penalty for quasi-offenses (BOADO, supra at 88-
89).

37
Art. 9 – Grave Felonies
✓ Felonies to which the law attaches the capital punishment or penalties
which in any of their periods are afflictive, in accordance with Art. 25
of the Code. These are:
▪ Reclusion perpetua;
▪ Reclusion temporal;
▪ Perpetual or Temporary Absolute Disqualification;
▪ Perpetual or Temporary Special Disqualification;
▪ Prision mayor; and
▪ Fines of more than one million two hundred thousand pesos (P1,200,000)
(RPC, Art. 26, as amended by R.A. No. 10951).

38
Art. 9 – Less Grave Felonies
✓ Felonies which the law punishes with penalties which in their maximum
period are correctional, in accordance with Art. 25 of the Code. These
are:
▪ Prision correccional
▪ Arresto mayor;
▪ Suspension;
▪ Destierro; and
▪ Fines equal to or more than one million two hundred thousand pesos
(P1,200,000) but less than forty thousand pesos (P40,000) (RPC, Art. 26, as
amended by R.A. No. 10951).

39
Art. 11 – Justifying Circumstances
 Negate the unlawfulness of the acts so committed, so that such person
is deemed not to have transgressed the law and is free from both
criminal and civil liability, except in the case of par. 4 of Art. 11 of the
RPC.
✓ Basis: Lack of Criminal Intent
✓ There are six justifying circumstances, to wit: (SeRSADO)
1. Self-Defense;
2. Defense of Relatives;
3. Defense of Stranger;
4. Avoidance of greater evil or injury;
5. Fulfillment of Duty or lawful exercise of right or office; and
6. Obedience to an order issued for some lawful purpose (RPC, Art. 11).
✓ Note: Battered Woman Syndrome is also a justifying circumstance (R.A. No. 9262, Sec.
26).
40
Par. 1 – Self-defense
 Requisites: (URL)
1. Unlawful aggression (Condition sine qua non)
✓ Actual, sudden or unexpected attack
✓ Imminent danger/threat of injury which is offensive and positively strong
✓ Continuing aggression
✓ Different time and place of agreement to fight

2. Reasonable necessity of the means employed to prevent or repel it; and


✓ Rational equivalence
✓ Necessity of the course of action taken by the person making a defense.
✓ Necessity of the means used.
✓ Both of which must be reasonable.

3. Lack of sufficient provocation on the part of the person defending himself.


41
Par. 2 – Defense of Relatives
 Requisites: (URN)
1. Unlawful aggression
2. Reasonable necessity of the means employed to prevent or repel it; and
3. In case the provocation was given by the person attacked, the one making the
defense had No part therein.
 Relatives that can be defended: (SAD-Bro-SAC4)
1. Spouse;
2. Ascendants;
3. Descendants;
4. Legitimate, natural or adopted Brothers and Sisters, or
5. Relatives by Affinity in the same degrees; and
6. Relatives by Consanguinity within the fourth (4th) civil degree (RPC, Art. 11(2)).

 Death of one spouse does not terminate the relationship by affinity established
between the surviving spouse and the blood relatives of the deceased (Intestate
Estate of Manolita Gonzales Vda. De Carungcong v. People, G.R. No. 181409,
February 11, 2010).

42
Par. 3 – Defense of Stranger
 Requisites: (URI)
1. Unlawful aggression
2. Reasonable necessity of the means employed to prevent or repel it;
and
3. The person defending was not Induced by revenge, resentment or other
evil motive.

43
Par. 4 – Avoidance of Greater Evil
or Injury
 Requisites: (EIP)
1. The evil sought to be avoided actually Exists;
2. The Injury feared be greater than that done to avoid it; and
3. There is no other Practical and less harmful means of preventing it.

 The greater injury spoken of should not have been brought about by the
negligence or imprudence, more so, the willful inaction of the actor.
 There is civil liability (Art. 101)

44
Par. 5 – Fulfillment of Duty or
Lawful Exercise of Right or Office
 Requisites: (PN)
1. The accused acted in the Performance of a duty or in the lawful exercise of a
right or office; and
2. 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.

45
Par. 6 – Obedience to an Order
Issued for Some Lawful Purpose
 Requisites: (SPM)
1. An order has been issued by a Superior;
2. Such order must be for some lawful Purpose; and
3. The Means used by the subordinate to carry out said order is lawful.

46
Battered Woman Syndrome –
Sec. 26, RA 9262
 Victim-survivors who are found by the courts to be suffering from Battered
Woman Syndrome do not incur any criminal or civil liability notwithstanding the
absence of any of the elements for justifying circumstances of self-defense
under the RPC (R.A. No. 9262, Sec. 26).
 BWS: It is a scientifically defined pattern of psychological and behavioral
symptoms found in women living in battering relationships as a result of
cumulative abuse (R.A. No. 9262, Sec. 3(c)).
 Only a certified psychologist or psychiatrist can prove the existence of the
Battered Woman Syndrome in a woman (R.A. No. 9262, Sec. 6(2)).

47
Battered Woman Syndrome –
Sec. 26, RA 9262
 Requisites: (RAD)
1. The offender has or had a sexual or dating Relationship with the offended
woman;
2. The offender, by himself or through another, commits an Act or series of
acts of harassment against the woman; and
3. The harassment alarms or causes substantial emotional or psychological
Distress to her.

 The BWS is characterized by the so-called “cycle of violence”, which has three
phases: (TAT)
1. The Tension-building phase – where minor battering occurs and the woman
usually tries to pacify the batterer to prevent escalation of violence;
2. The Acute battering incident – where there is brutality, destructiveness, and
sometimes, death and the woman believes it is futile to fight back based on
past painful experience; and
3. The Tranquil, loving (or at least, non-violent) phase – where the batterer
begs for her forgiveness and the woman tries to convince herself that the
battery will never happen again. 48
Absolutory Causes
 Those where the act committed is a crime but for reasons of public
policy and sentiment, there is no penalty imposed.

▪ Examples: DELIMAA-FTT
1. Spontaneous Desistance in the attempted stage unless the overt act
committed already constitutes a crime other than that intended (Art. 6(3));
2. Death and slight or less serious physical injuries inflicted under Exceptional
circumstances (Art. 247);
3. Attempted or frustrated Light felonies except those against persons or
property (Art. 7);
4. Instigation by reason of public policy;
5. Marriage of the offender and the offended party in cases of seduction,
abduction, acts of lasciviousness and rape (Art. 344);

49
Absolutory Causes
6. Accessories who are exempt from criminal liability by reason or relationship
(Art. 20) and in light felonies (Art. 16);
7. Adultery and concubinage if the offended party shall have consented or
pardoned the offenders (Art. 344);
8. Forgiveness by the offended party in marital rape (Art. 344);
9. Certain relatives exempt from criminal liability for Theft, swindling and
malicious mischief (Art. 332);
10. Trespass to dwelling when the purpose of entering another’s dwelling
against the latter’s will is to prevent some serious harm to himself, the
occupants of the dwelling or a third person, or for the purpose of rendering
some service to humanity or justice, or when entering cafes, taverns, inns
and other public houses, while the same are open (Art. 280, par. 3)

50
G D LUCK!
That in all things, God may be glorified!

Thank you!

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