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ATENEOCENTRALBAROPERATIONS 2007

Criminal LawSUMMER REVIEWER

Advisers:Atty. Lorenzo Padilla, Justice Diosdado Peralta; Head: Kristine Quimpo; Understudies: Ivy Patdu, KriznaGomez

BOOK I

CRIMINAL LAW A branch of municipal law whichdefines crimes, treats of their natureand provides fortheir punishment.

Characteristics of Criminal Law:1. General binding on all persons who reside

or sojourn in the PhilippinesExceptions:

a. Treaty Stipulationb. Laws of Preferential Applicationc. Principles of Public International Law

Ex:i. sovereigns and other chiefs of

stateii. Ambassadors, ministers

plenipotentiary, minister residentand charges daffaires

(BUT consuls, vice-consuls and otherforeign commercial representativesCANNOT claim the privileges andimmunities accorded to ambassadors and

ministers.)

2. Territorial penal laws of the Philippines areenforceable only within its territory

Exceptions: (Art. 2 of RPC bindingeven on crimes committed outside thePhilippines)a. offense committed while on a

Philippine ship or airshipb. forging or counterfeiting any coin or

currency note of the Philippines orobligations and the securities issuedby the Government

c. introduction into the country of theabove-mentioned obligations andsecurities

d. while being public officers andemployees, an offense committed inthe exercise of their functions

e. crimes against national security andthe law of the nations defined in TitleOne of Book Two

3. Prospective the law does not have any

retroactive effect.Exception: when the law is favorable to theaccused

Exceptions to the Exception: a. The new law is expressly made

inapplicable to pending actionsor existing causes of action

b. Offender is a habitual criminal

Theories of Criminal Law:1. Classical Theory basis is mans free will to

choose between good and evil, that is whymore stress is placed upon the result of thefelonious act than upon the criminal himself.The purpose of penalty is retribution. The

RPC is generally governed by this theory.

2. Positivist Theory basis is the sum ofsocial and economic phenomena whichconditions man to do wrong in spite of orcontrary to his volition. This is exemplified inthe provisions on impossible crimes andhabitual delinquency.

3. Mixed Theory combination of the classicaland positivist theories wherein crimes thatare economic and social in nature should bedealt in a positive manner. The law is thus

more compassionate.

Construction of Penal Laws:1. Liberally construed in favor of offender

Ex:a. the offender must clearly fall within

the terms of the lawb. an act is criminal only when made so

by the statute2. In cases of conflict with official translation,

original Spanish text is controlling,3. No interpretation by analogy.

LIMITATIONS ON POWER OF CONGRESS TOENACT PENAL LAWS:

1. ex post facto law2. bill of attainder3. law that violates the equal protection clause

of the constitution4. law which imposes cruel and unusual

punishments nor excessive fines


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Criminal Law Summer Reviewer

ATENEOCENTRALBAROPERATIONS2007

Page 2 of 174

BOOK ONEGENERAL PROVISIONS

RPC took effect February 1, 1932.

RULES:1. Philippine vessel or airship Philippine

law shall apply to offenses committed invessels registered with the Philippine Bureauof Customs. It is the registration, not thecitizenship of the owner which matters.

2. Foreign vessela. French RuleGeneral Rule: Crimes committed aboarda foreign vessel within the territorialwaters of a country are NOT triable in thecourts of such country.

Exception: commission affects thepeace and security of the territory, orthe safety of the state is endangered.

b. English RuleGeneral Rule: Crimes committed aboarda foreign vessel within the territorialwaters of a country are triable in thecourts of such country.

Exception: When the crime merelyaffects things within the vessel or itrefers to the internal managementthereof.

*This is applicable in the Philippines.

Title One: FELONIES AND CIRCUMSTANCES

WHICH AFFECT CRIMINAL LIABILITY

Chapter One: FELONIES

Felonies acts and omissions punishable by theRevised Penal Code

Crime acts and omissions punishable by any law

Act an overt or external act

Omission failure to perform a duty required by law

ELEMENTS:

1. there must be an act or omission2. this must be punishable by the RPC3. act or omission was done by means of dolo

or culpa

NULLUM CRIMEN, NULLA POENA SINE LEGE There is no crime when there is no law punishing it.

Classification Of Felonies According To TheMeans By Which They Are Committed:

1. Intentional Felonies- by means of deceit(dolo)

Requisites :a. freedomb. intelligencec. intent.

MISTAKE OF FACT misapprehension offact on the part of the person who causedinjury to another. He is not criminally liable.

Requisites:a. the act done would have been lawful

had the facts been as the accusedbelieved them to be

bintention is lawfulb. mistake must be without fault or

carelessness by the accused

2. Culpable Felonies- by means of fault (culpa)Requisites:

a. freedomb. intelligencec. negligence (lack of foresight) and

imprudence (lack of skill)

MALA IN SE v. MALA PROHIBITA

Mala in se Mala Prohibita

moral trait of

offender

considered not considered

good faith as adefense

valid defense,unless the crime isthe result of culpa

not a defense;intent notnecessary-sufficient that theoffender has theintent to perpetratethe act prohibitedby the special law

ART.1: TIME WHEN ACT TAKES EFFECT

ART. 2: APPLICATION OF ITS PROVISIONS


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degree ofaccomplishment of the crime

taken into account taken into accountonly whenconsummated

mitigating andaggravating

circumstance

taken into accountin imposing penalty

GENERALLY nottaken into account

degree ofparticipation

when there is morethan one offender,it is taken intoconsideration

GENERALLY nottaken into account

laws violated General Rule:RPC

General Rule:Special PenalLaws

INTENT v. MOTIVE

Intent Motive

purpose to use a

particular means to effecta result

moving power which impels

one to act

element of crime except

in crimes committed with

culpa

not an element

essential in intentional

felonies

essential only when the identity

of the felon is in doubt

ART. 4: CRIMINAL LIABILITY

Requisites:1. felony has been committed intentionally2. injury or damage done to the other party is

the direct, natural and logical consequenceof the felony

Hence, since he is still motivated by criminal intent,the offender is criminally liable in:

1. Error in personae mistake in identity2. Abberatio ictus mistake in blow

3. Praetor intentionem lack of intent tocommit so grave a wrong

PROXIMATE CAUSE the cause, which in thenatural and continuous sequence unbroken by anyefficient intervening cause, produces the injury,without which the result would not have occurred

Requisites:1. Act would have been an offense against

persons or property.2. There was criminal intent.3. Accomplishment is inherently impossible; or

inadequate or ineffectual means areemployed.

4. Act is not an actual violation of anotherprovision of the Code or of special law.

Impossible crime occurs when there is:1. inherent impossibility to commit the crime2. inadequate means to consummate the crime3. ineffectual means to consummate the crime

Note: Paragraph 2 does not apply to crimespunishable by special law, including profiteering, andillegal possession of firearms or drugs. There can beno executive clemency for these crimes.

STAGES OF EXECUTION:1. CONSUMMATED when all the elements

necessary for its execution and accomplishmentare present

2. FRUSTRATEDElements:

a. offender performs all acts of executionb. all these acts would produce the felony

as a consequencec. BUT the felony is NOT producedd. by reason of causes independent of the

will of the perpetrator

3. ATTEMPTEDElements:

a. offender commences the felony directlyby overt acts

b. does not perform all acts which wouldproduce the felony

c. his acts are not stopped by his ownspontaneous desistance

Par.1 Criminal liability for a felony committeddifferent from that intended to be committed

Par. 2 Impossible Crime

Art. 5: Duty of the court in connect ion wi thacts which should be repressed but which arenot covered by the law, and in cases ofexcessive penalties

ART. 6: CONSUMMATED, FRUSTRATED, ANDATTEMPTED FELONIES


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Crimes, which do not admit of Frustrated andAttempted Stages:

1. Offenses punishable by Special Penal Laws,unless the law provides otherwise

2. Formal crimes consummated in oneinstance

(Ex: slander, adultery, etc.)3. Impossible Crimes4. Crimes consummated by mere attempt

(Ex: attempt to flee to an enemycountry, treason, corruption of minors)

5. Felonies by omission6. Crimes committed by mere agreement

(Ex: betting in sports: ending,corruption of public officers)

Crimes which do not admit o f Frustrated Stage:1. Rape2. Bribery3. Corruption of Public Officers4. Adultery5. Physical Injury

2 stages in the development of a crime:1. Internal acts

- e.g. mere ideas of the mind

- not punishable

2. External actsa. Preparatory acts - ordinarily not

punishable except whenconsidered by law as independentcrimes

(e.g. Art. 304, Possession ofpicklocks and similar tools)

b. Acts of Execution - punishable underthe RPC

General Rule: Punishable only when they have beenconsummated

Exception: Even if not consummated, ifcommitted against persons or property

Ex: slight physical injuries, theft, alteration ofboundary marks, malicious mischief, and intriguingagainst honor.

Note: Only principals and accomplices are liable;accessories are NOT liable even if committed againstpersons or property.

CONSPIRACY

Requisites:1. Two or more persons come to an agreement2. For the commission of a felony3. And they decide to commit it

Concepts of Conspiracy:1. As a cr ime in itself

Ex: conspiracy to commit rebellion,insurrection, treason, sedition, coup d etat

2. Merely as a means to commit a cr imeRequisites :a. a prior and express agreementb. participants acted in concert or

simultaneously, which is indicative ofa meeting of the minds towards acommon criminal objective

Note:Conspiracy to commit a felony is different fromconspiracy as a manner of incurring criminal liability.

General Rule: Conspiracy to commit a felony is notpunishable since it is merely a preparatory act.

Exception: when the law specifically provides fora penalty

Ex: rebellion, insurrection, sedition, coup detat

General Rule: The act of one is the act of all.Exception: Unless one or some of theconspirators committed some other crime whichis not part of the intended crime.

Attempted Frustrated Consummated

Overt acts of

execution are

started

All acts of execution are

present

All the acts of

execution are

present

Not all acts of

execution are

present

Crime sought to be

committed is not

achieved

The result

sought is

achieved

Due to reasons

other than the

spontaneous

desistance of the

perpetrator

Due to intervening

causes independent of

the will of the perpetrator

ART. 7: WHEN LIGHT FELONIES AREPUNISHABLE

ART. 8: CONSPIRACY AND PROPOSAL TOCOMMIT FELONY


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Exception to the exception: When the actconstitutes an indivisible offense.

PROPOSAL TO COMMIT A FELONY

Requisites:1. A person has decided to commit a felony2. And proposes its execution to some other

person or persons

Importance of Classification

1. To determine whether the felonies can becomplexed or not.

2. To determine the prescription of the crimeand of the penalty.

Penalties (imprisonment):1. Grave felonies afflictive penalties: 6 yrs.

and 1 day to reclusion perpetua (life)2. Less grave felonies correctional penalties:

1 month and 1 day to 6 years3. Light felonies - arresto menor (1 day to 30

days)

General Rule: RPC provisions are supplementary tospecial laws.

Exceptions:1. when special law provides otherwise2. when provision of RPC are impossible of

application, either by express provisionor by necessary implication

Special Laws RPC

Terms imprisonment prision

correccional,prision mayor,

arresto mayor,

etc.

Attempted or

Frustrated

Stages

General Rule: Not

punishable

Exception: Unless

otherwise stated

Punishable

Plea of guilty as

mitigating

circumstance

No Yes

Minimum,

medium andmaximum

periods

Not applicable Yes

Penalty for

accessory or

accomplice

General Rule:

None

Exception: Unless

otherwise stated

Yes

Provisions of RPC applicable to special laws:

Art. 16 Participation of Accomplices

Art. 22 Retroactivity of Penal laws if favorableto the accused

Art. 45 Confiscation of instruments used inthe crime

Note: When the special law adopts the penaltiesimposed in the RPC i.e. penalties as reclusionperpetua, prision correccional, etc. the provisions ofthe RPC on imposition of penalties based on stagesof execution, degree of participation and attendanceof mitigating and aggravating circumstance may beapplied by necessary implication.

Conspiracy Proposal

Elements Agreement to

commit AND

commission

person decides to

commit a crime

AND proposes the

same to another

Crimes Conspiracy to

commit: sedition,treason, rebellion,

coup d etat

Proposal to

commit: treason,rebellion, coup d

etat

*no proposal to

commit sedition

OVERT ACTS IN CONSPIRACY MUSTCONSIST OF:

1. Active participation in the actualcommission of the crime itself, or

2. Moral assistance to his co-conspirators bybeing present at the time of thecommission of the crime, or

3. Exerting a moral ascendance over theother co-conspirators by moving them toexecute or implement the criminal plan

People v. Abut, et al. (GR No. 137601, April 24,2003)

ART. 9: GRAVE FELONIES, LESS GRAVEFELONIES AND LIGHT FELONIES

ART. 10: OFFENSES NOT SUBJECT TO THEPROVISIONS OF THIS CODE


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Chapter TwoJUSTIFYING CIRCUMSTANCES

AND CIRCUMSTANCES, WHICH EXEMPT

FROM CRIMINAL LIABILITY

ART. 11. JUSTIFYING CIRCUMSTANCES

JUSTIFYING CIRCUMSTANCES where the act ofa person is in accordance with law such that saidperson is deemed not to have violated the law.

General Rule: No criminal and civil liability incurred.Exception: There is civil liability with respect topar. 4 where the liability is borne by persons

benefited by the act.

Elements:1. Unlawful Aggression

indispensable requirementThere must be actual physical assault oraggression or an immediate andimminent threat, which must be offensiveand positively strong.The defense must have been made

during the existence of aggression,otherwise, it is no longer justifying.While generally an agreement to fightdoes not constitute unlawful aggression,violation of the terms of the agreement tofight is considered an exception.

2. Reasonable necessity of the meansemployed to prevent or repel it

Test of reasonableness depends on:(1) weapon used by aggressor(2) physical condition, character, size

and other circumstances ofaggressor(3) physical condition, character, size

and circumstances of persondefending himself

(4) place and occasion of assault

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

NOTE: Perfect equality between the weapons used,

nor material commensurability between the means ofattack and defense by the one defending himself andthat of the aggressor is not required

REASON: the person assaulted does not have

sufficient opportunity or time to think and calculate.

Rights included in self-defense:1. defense of person2. defense of rights protected by law3. defense of property (only if there is also an

actual and imminent danger on the person ofthe one defending)

4. defense of chastity

Kinds of Self-Defense:1. self-defense of chastity there must be an

attempt to rape the victim2. defense of property must be coupled with

anattack on the person of the owner, or onone entrusted with the care of such property.

3. self-defense in libel justified when thelibel is aimed at a persons good name.

Stand ground when in the right - the law doesnot require a person to retreat when his assailant israpidly advancing upon him with a deadly weapon.

NOTE: Under Republic Act 9262 (Anti-ViolenceAgainst Women and Their Children Act of 2004),victim-survivors who are found by the Courts to besuffering from Battered Woman Syndrome (BWS) donot incur any criminal or civil liability despite absenceof the necessary elements for the justifyingcircumstance of self-defense in the RPC. BWS is a

scientifically defined pattern of psychological andbehavioral symptoms found in women living inbattering relationships as a result of cumulativeabuse.

Elements:1. unlawful aggression (indispensable

requirement)

Par. 1 Self-defensePeople v. Narvaez, (GR No. L-33466-67,

Apri l 20, 1983)Attack on property alone was deemedsufficient to comply with element ofunlawful aggression

Par. 2 Defense of Relative


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2. reasonable necessity of the means employedto prevent or repel it

3. In case the provocation was given by theperson attacked, the one making the defensehad no part in such provocation.

Relative entitled to the defense:1. spouse2. ascendants3. descendants4. legitimate, natural or adopted brothers and

sisters, or relatives by affinity in the samedegrees

5. relatives by consanguinity within the 4thcivil

degree

NOTE: The relative defended may be the originalaggressor. All that is required to justify the act of therelative defending is that he takes no part in suchprovocation.

Elements:1. unlawful aggression (indispensable

requirement)2. reasonable necessity of the means employed

to prevent or repel it3. person defending be not induced by revenge,

resentment or other evil motive

Elements:1. evil sought to be avoided actually exists2. injury feared be greater than that done to

avoid it3. no other practical and less harmful means of

preventing it

NOTE: The necessity must not be due to thenegligence or violation of any law by the actor.

Elements:1. accused acted in the performance of duty or

in the lawful exercise of a right or office2. the injury caused or offense committed be

the necessary consequence of the dueperformance of the duty, or the lawfulexercise of such right or office.

NOTE: The accused must prove that he was dulyappointed to the position claimed he was dischargingat the time of the commission of the offense. It mustalso be shown that the offense committed was thenecessary consequence of such fulfillment of duty, or

lawful exercise of a right or office.

Elements:1. an order has been issued2. order has a lawful purpose (not patently

illegal)3. means used by subordinate to carry out said

order is lawful

NOTE: The superior officer giving the order cannotinvoke this justifying circumstance. Good faith ismaterial, as the subordinate is not liable for carrying

out an illegal order if he is not aware of its illegalityand he is not negligent.

General Rule: Subordinate cannot invoke thiscircumstance when order is patently illegal.

Exception: When there is compulsion of anirresistible force, or under impulse ofuncontrollable fear.

EXEMPTING CIRCUMSTANCES grounds forexemption from punishment because there is wantingin the agent of the crime any of the conditions whichmake the act voluntary or negligent.

Basis:The exemption from punishment is based onthe complete absence of intelligence, freedom ofaction, or intent, or on the absence of negligence onthe part of the accused.

Burden of proof: Any of the circumstances is amatter of defense and must be proved by thedefendant to the satisfaction of the court.

Justifying Exempting

Who/what

is

affected?

Act Actor

Nature of

act

act is considered

legal

act is wrongful but

actor not liable

Existence None Yes, but since

Par. 6 Obedience to a Superior Order

Par. 3 Defense of Stranger

Par. 4 State of Necessit y (Avoidance of GreaterEvil or Injury)

Par. 5 Fulfillment of Duty or Lawful Exercise ofa Right or Office

ART. 12: CIRCUMSTANCES, WHICH EXEMPTFROM CRIMINAL LIABILITY


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of a crime voluntariness is absent

the actor is not liable

Liability No criminal and civil

liability BUT there is

civil liability as to

Art.11(4) (state ofnecessity)

No criminal liability but

there is civil liability

EXCEPT as to Art.

12(4) (injury by mereaccident) and (7)

(lawful cause)

IMBECILE one while advanced in age has a mentaldevelopment comparable to that of children between2 and 7 years old. He is exempt in all cases fromcriminal liability.

INSANE one who acts with complete deprivation of

intelligence/reason or without the least discernmentor with total deprivation of freedom of will. Mereabnormality of the mental faculties will not excludeimputability.

General Rule: Exempt from criminal liabilityException: The act was done during a lucidinterval.

NOTE: Defense must prove that the accused wasinsane at the time of the commission of the crimebecause the presumption is always in favor of sanity.

Requisite: Offender is under 9 years of age at thetime of the commission of the crime. There isabsolute criminal irresponsibility in the case of aminor under 9 years of age.

NOTE: Under R.A. 9344 or the Juvenile Justice AndWelfare Act a minor 15 years and below is exemptfrom criminal liability

NOTE: Such minor must have acted withoutdiscernment to be exempt. If with discernment, he iscriminally liable.

Presumption: The minor committed the crimewithout discernment.

DISCERNMENT mental capacity to fully appreciate

the consequences of the unlawful act, which is shownby the:

1. manner the crime was committed2. conduct of the offender after its commission

NOTE:Under R.A. 9344 a minor over 15 but butbelow 18 who acted without discernment isexempt from criminal liability

Elements:1. A person is performing a lawful act2. with due care3. He causes injury to another by mere accident4. Without fault or intention of causing it.

IRRESISTIBLE FORCE offender uses violence orphysical force to compel another person to commit acrime.

Elements:1. The compulsion is by means of physical

force.2. The physical force must be irresistible.3. The physical force must come from a third

person.

NOTE: Force must be irresistible so as to reduce theindividual to a mere instrument.

UNCONTROLLABLE FEAR offender employsintimidation or threat in compelling another to commita crime.DURESS use of violence or physical force

Elements:1. The threat which causes the fear is of an evil

greater than, or at least equal to, that whichhe is required to commit.

2. It promises an evil of such gravity andimminence that an ordinary man would havesuccumbed to it.

NOTE:Duress to be a valid defense should be basedon real, imminent or reasonable fear for ones life orlimb. It should not be inspired by speculative, fancifulor remote fear. A threat of future injury is not enough.

Par. 4 Accident without fault or intention ofcausing it

Par. 5 Irresis tible Force

Par. 6 Uncontrollable Fear

Par. 3 Person Over 9 and Under 15 Acting

Without Discernment

Par. 1 Imbecility or Insanity

Par. 2 Under Nine Years of A e


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ACTUS ME INVITO FACTUS NON EST MEUSACTUS Any act done by me against my will is notmy act.

PAR 7. Insuperable Cause

INSUPERABLE CAUSE some motive, which haslawfully, morally or physically prevented a person todo what the law commands

Elements:1. An act is required by law to be done.2. A person fails to perform such act.3. His failure to perform such act was due to

some lawful or insuperable cause.

Ex:1. A priest cant be compelled to reveal what

was confessed to him.2. No available transportation officer not liable

for arbitrary detention3. Mother who was overcome by severe

dizziness and extreme debility, leaving childto die not liable for infanticide (People v.Bandian, 63 Phil 530)

ABSOLUTORY CAUSES where the act committedis a crime but for some reason of public policy andsentiment, there is no penalty imposed. Exemptingand justifying circumstances are absolutory causes.

Examples of such other circumstances are:1. spontaneous desistance (Art. 6)2. accessories exempt from criminal liability

(Art. 20)3. Death or physical injuries inflicted under

exceptional circumstances (Art. 247)4. persons exempt from criminal liability from

theft, swindling, malicious mischief (Art 332)5. instigation

NOTE: Entrapment is NOT an absolutory cause. Abuy-bust operation conducted in connection withillegal drug-related offenses is a form of entrapment.

Entrapment Instigation

The ways and means

are resorted to for the

purpose of trapping

and capturing the

lawbreaker in the

execution of his

criminal plan.

Instigator practically induces the

would-be accused into the

commission of the offense and

himself becomes a co-principal

NOT a bar to

accuseds prosecution

and conviction

Accused will be acquitted

NOT an absolutory

cause

Absolutory cause

Privileged Mitigating Ordinary Mitigating

Offset by any

aggravating

circumstance

Cannot be offset Can be offset by a

generic aggravating

circumstance

Effect on

penalty

Effect of imposing the

penalty by 1 or 2

degrees lower than

that provided by law

If not offset, has the

effect of imposing the

minimum period of

the penalty

Kinds

(Sources)

Minority, Incomplete

Self-defense, two or

more mitigating

circumstance without

any aggravating

circumstance (has the

effect of lowering the

penalty by onedegree). Art. 64, 68

and 69

Those

circumstances

enumerated in

paragraph 1 to 10 of

Article 13

Age Criminal Responsibility/ Effect

15years Absolute irresponsibility, exempting

circumstance

*as amended by RA 9344

15 < and 70 Mitigated responsibility, no imposition of

death penalty, execution of death

sentence may be suspended and

commuted

MITIGATING CIRCUMSTANCES those which ifpresent in the commission of the crime reduces thepenalty of the crime but does not erase criminalliability nor change the nature of the crime

NOTE: A mitigating circumstance arising from a

single fact absorbs all the other mitigatingcircumstances arising from that same fact.

NOTE: This applies when not all the requisites arepresent.If two requisites are present, it is considered aprivileged mitigating circumstance. However, inreference to Art.11(4) if any of the last two requisitesis absent, there is only an ordinary mitigatingcircumstance. Remember though, that in self-

defense, defense of relative or stranger, unlawfulaggression must always be present as it is anindispensable requirement.

NOTE: Age of accused is determined by his age atthe date of commission of crime, not date of trial.

NOTE: Can be used only when the proven factsshow that there is a notable and evident disproportionbetween the means employed to execute the criminalact and its consequences.

Factors that can be considered are:1. weapon used2. injury inflicted3. part of the body injured4. mindset of offender at the time of commission

of crime

This provision addresses the intention of the offenderat the particular moment when the offender executesor commits the criminal act, not to his intention duringthe planning stage

NOTE: In crimes against persons if victim does notdie, the absence of the intent to kill reduces thefelony to mere physical injuries. It is not consideredas mitigating. It is mitigating only when the victimdies.

NOTE: It is not applicable to felonies by negligencebecause in felonies through negligence, the offenderacts without intent. The intent in intentional felonies isreplaced by negligence or imprudence. There is nointent on the part of the offender, which may beconsidered as diminished

Provocation any unjust or improper conduct or actof the offended party, capable of exciting, inciting orirritating anyone.

Requisites:1. provocation must be sufficient2. it must originate from the offended party3. must be immediate to the commission of the

crime by the person who is provoked

NOTE: Threat should not be offensive and positivelystrong. Otherwise, it would be an unlawfulaggression, which may give rise to self-defense andthus no longer a mitigating circumstance.

Provocation Vindication

Made directly only to the

person committing the

felony

Grave offense may be also

against the offenders

relatives mentioned by law

Cause that brought

about the provocation

need not be a grave

offense

Offended party must have

done a grave offense to the

offender or his relatives

Necessary that

provocation or threat

immediately preceded

the act. No time interval

May be proximate. Time

interval allowed

Par. 1 Incomplete Justi fying or ExemptingCircumstances

Par. 2 Under 18 or Over 70 Years Old

Par. 3 No Intention to Commit so Grave aWrong

ART. 13: MITIGATING CIRCUMSTANCES


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Requisites:

1. a grave offense done to the one committingthe felony, his spouse, ascendants,descendants, legitimate, natural or adoptedbrothers or sisters or relatives by affinitywithin the same degrees

2. the felony is committed in immediatevindication of such grave offense

NOTE: Immediate allows for a lapse of time, aslong as the offender is still suffering from the mentalagony brought about by the offense to him.(proximate time, not just immediately after)

Requisites:1. offender acted upon an impulse2. the impulse must be so powerful that it

naturally produced passion or obfuscation inhim

NOTE: Act must have been committed not in thespirit of lawlessness or revenge; act must come fromlawful sentiments.

Act, Which Gave Rise To Passion AndObfuscation:

1. That there be an act, both unlawful andunjust

2. The act be sufficient to produce a conditionof mind

3. That the act was proximate to the criminalact, not admitting of time during which theperpetrator might recover his normalequanimity

4. The victim must be the one who caused thepassion or obfuscation

NOTE: Passion and obfuscation cannot co-exist withtreachery since this means that the offender had timeto ponder his course of action.

PASSION & OBFUSCATION IRRESISTIBLE

FORCE

Mitigating Exempting

No physical force needed Requires physical

force

From the offender himself Must come from a

3rd person

Must come from lawful sentiments Unlawful

PASSION & OBFUSCATION PROVOCATION

Produced by an impulse which

may be caused by provocation

Comes from injured

party

Offense which engenders

perturbation of mind need not be

immediate. It is only required that

the influence thereof lasts until

the crime is committed

Immediately precede

the commission of the

crime

Effect is loss of reason and self-

control on the part of the offender

Same

VOLUNTARY

SURRENDER

VOLUNTARY

PLEA OF GUILT

Requisites: 1. offender not

actually arrested

2. offender

surrendered to

person in

authority

3. surrender was

voluntary

1. offender

spontaneously

confessed his

guilt

2. confession was

made in open

court, that is,

before the

competent courtthat is to try the

case

3. confession of guilt

was made prior to

the presentation

of the evidence

for the

prosecution

WHEN SURRENDER VOLUNTARY- must be spontaneous, showing the intent of theaccused to submit himself unconditionally to theauthorities, either because:

1. he acknowledges his guilt; or2. he wishes to save them the trouble and

expense necessarily incurred in his searchand capture.

NOTE: If both are present, considered as twoindependent mitigating circumstances. Furthermitigates penalty.

Par. 5 Vindication of Grave Offense

Par. 6 Passion or Obfuscation

Par. 7 Surrender and Confession of Guilt


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NOTES: plea made after arraignment and after trial

has begun does not entitle accused to themitigating circumstance

If accused pleaded not guilty, even if during

arraignment, he is entitled to mitigatingcircumstance as long as he withdraws hisplea of not guilty to the charge before thefiscal could present his evidence.

Plea to a lesser charge is not a MitigatingCircumstance because to be such, the pleaof guilt must be to the offense charged.

Plea to the offense charged in the amendedinfo, lesser than that charged in the originalinfo, is Mitigating Circumstance.

The offender is deaf and dumb, blind or otherwisesuffering from some physical defect, restricting hismeans of action, defense or communication withothers.

NOTE: The physical defect must relate to the offensecommitted.

Requisites:1. The illness of the offender must diminish the

exercise of his will-power.2. Such illness should not deprive the offender

of consciousness of his acts.

Examples Not examples

defendant who is 60 years old

with failing eyesight is similar to a

case of one over 70 yrs old

killing the wrong

person

outraged feeling of owner of

animal taken for ransom is

analogous to vindication of grave

offense

not resisting arrest is

not the same as

voluntary surrender

impulse of jealous feeling, similar

to passion and obfuscation

running amuck is not

mitigating

voluntary restitution of property,

similar to voluntary surrender

extreme poverty, similar to

incomplete justification based on

state of necessity

CHAPTER FOUR

CIRCUMSTANCES WHICH AGGRAVATECRIMINAL LIABILITY

AGGRAVATING CIRCUMSTANCES Those which,if attendant in the commission of the crime, serve tohave the penalty imposed in its maximum periodprovided by law for the offense or those that changethe nature of the crime.

BASIS: The greater perversity of the offendermanifested in the commission of the felony as shownby:

1. the motivating power itself,2. the place of the commission,3. the means and ways employed4. the time, or5. the personal circumstances of the offender,

or the offended party.

KINDS OF AGGRAVATING CIRCUMSTANCES:

1. Generic - those which apply to all crimes

2. Specific- those which apply only to specificcrimes,

3. Qualifying- those that change the nature of

the crime

4. Inherent- which of necessity accompany

the commission of the crime, therefore not

considered in increasing the penalty to be

imposed

5. Special- those which arise under special

conditions to increase the penalty of the

offense and cannot be offset by mitigating

circumstances

GENERICAGGRAVATINGCIRCUMSTANCE

QUALIFYINGAGGRAVATINGCIRCUMSTANCE

EFFECT : When not setoff by any mitigatingcircumstance,Increases the penaltywhich should beimposed upon theaccused to the

EFFECT: Gives thecrime its proper andexclusive name andplaces the author ofthe crime in such asituation as todeserve no other

Par. 8 Physical Defect of Offender

Par. 9 Illness of the Offender

Par. 10 Similar and Analogous Circumstances


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maximum period butwithout exceeding thelimit prescribed by law

penalty than thatspecially prescribedby law for saidcrimes (People v.Bayot, 64Phil269,

273)If not alleged in theinformation, aqualifying aggravatingcircumstance will beconsidered generic

To be consideredas such, MUST bealleged in theinformation

May be offset by amitigating circumstance.

Cannot be offset by amitigatingcircumstance

RULES ON AGGRAVATING CIRCUMSTANCES:1. Aggravating circumstances shall NOTbe

appreciated if:

a) They constitute a crime speciallypunishable by law, orb) It is included by the law in defining a crime

with a penalty prescribed, and thereforeshall not be taken into account for thepurpose of increasing the penalty.

Ex: That the crime be committed by means offire,explosion (Art. 14, par. 12) is in itself acrime of arson (Art. 321) or a crime involvingdestruction (Art. 324). It is not to be considered toincrease the penalty for the crime of arson or forthe crime involving destruction.

2. The same rule shall apply with respect to anyaggravating circumstance inherent in the crime tosuch a degree that it must of necessityaccompany the commission thereof(Art.62, par.2)

3. Aggravating circumstances which arise:a) From the moral attributes of the offender;b) From his private relations with the offended

party; orc) From any personal cause,

shall only serve to aggravate the liability of theprincipals, accomplices and accessories as towhom such circumstances are attendant. (Art.

62, par. 3)

4. The circumstances which consist :a) In the material execution of the act, orb) In the means employed to accomplish it,

shall serve to aggravate the liability of only thosepersons who had knowledge of them at the timeof the execution of the act or their cooperationtherein. Except when there is proof of conspiracyin which case the act of one is deemed to be the

act of all, regardless of lack of knowledge of thefacts constituting the circumstance. (Art. 62, par.4)

5. Aggravating circumstances, regardless of its

kind, should be specifically alleged in theinformation AND proved as fully as the crimeitself in order to increase the penalty. (Sec. 9,Rule 110, 2000 Rules of Criminal Procedure)

6. When there is more than one qualifyingaggravating circumstance present, one of themwill be appreciated as qualifying aggravatingwhile the others will be considered as genericaggravating.

ART. 14: AGGRAVATING CIRCUMSTANCES

Par. 1.That advantage be taken by the offender ofhis public position

Requisites:1. Offender is public officer2. Public officer must use the influence,

prestige, or ascendancy which his officegives him as means to realize criminalpurpose

It is not considered as an aggravatingcircumstance where taking advantage of official

position is made by law an integral elementof thecrime or inherentin the offense,

Ex: malversation (Art. 217), falsification of adocument committed by public officers (Art.171).

When the public officer did not take advantage ofthe influence of his position, this aggravatingcircumstance is not present

NOTE : Taking advantage of a public position isalso inherent in the case of accessories under

Art. 19, par. 3 (harboring, concealing, or assistingin the escape of the principal of the crime), and incrimes committed by public officers (Arts. 204-

245).

Par. 2.That the crime be committed in contemptof or w ith insult to public authorities

Requisites:1. That the public authority is engaged in the

exercise of his functions.2. That he who is thus engaged in the exercise

of said functions is not the person againstwhom the crime is committed.


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3. The offender knows him to be a publicauthority.

4. His presence has not prevented the offenderfrom committing the criminal act.

PERSON IN AUTHORITY public authority, orperson who is directly vested with jurisdiction and hasthe power to govern and execute the lawsEx:

1. Governor2. Mayor3. Barangay captain/ chairman4. Councilors5. Government agents6. Chief of Police

NOTE: A teacher or professor of a public orrecognized private school is not a public authoritywithin the contemplation of this paragraph. While heis a person in authority under Art. 152, that status isonly for purposes of Art. 148 (direct assault) and Art.152 (resistance and disobedience).

The crime should not be committed against thepublic authority (otherwise it will constitute directassault under Art.148)

This is NOT applicable when committed in thepresence of a mere agent.

AGENT subordinate public officer charged w/ themaintenance of public order and protection andsecurity of life and property

Ex: barrio vice lieutenant, barrio councilman

Par. 3.That the act be committed:(1) with insult or in disregard of the respectdue the offended party on account of his(a)rank, (b) age, or (c) sex or

(2) that it be committed in the dwelling of theoffended party, if the latter has not givenprovocation

Rules regarding par 3(1):1. These circumstances shall only be

considered as one aggravating circumstance.2. Rank, age, sex may be taken into account

only in crimes against persons or honor, theycannot be invoked in crimes against property.

3. It must be shown that in the commission ofthe crime the offender deliberately intendedto offend or insult the sex, age and rank ofthe offended party.

RANK The designation or title of distinction used tofix the relative position of the offended party in

reference to others (There must be a difference in thesocial condition of the offender and the offendedparty).

AGE may refer to old age or the tender age of the

victim.

SEX refers to the female sex, not to the male sex.

The AC of disregard of rank, age, or sex is notapplicable in the following cases:

1. When the offender acted with passion andobfuscation.

2. When there exists a relationship between theoffended party and the offender.

3. When the condition of being a woman isindispensable in the commission of thecrime.

(Ex: in parricide, abduction, seductionand rape)

People vs. Lapaz, March 31, 1989Disregard of sex and age are not absorbed in

treachery because treachery refers to the manner ofthe commission of the crime, while disregard of sexand age pertains to the relationship of the victim.

DWELLING must be a building or structureexclusively used for rest and comfort (combination ofhouse and store not included), may be temporary asin the case of guests in a house or bedspacers. Itincludes dependencies, the foot of the staircase andthe enclosure under the house

NOTES: The aggravating circumstance of dwelling

requires that the crime be wholly or partlycommitted therein or in any integral part thereof.

Dwelling does not mean the permanentresidence or domicile of the offended party orthat he must be the owner thereof. He must,however, be actually living or dwelling thereineven for a temporary duration or purpose.

It is not necessary that the accused should haveactually entered the dwelling of the victim to

commit the offense; it is enough that the victimwas attacked inside his own house, although theassailant may have devised means to perpetratethe assault from without.

What aggravates the commission of the crime inones dwelling:

1. The abuse of confidence which the offendedparty reposed in the offender by opening thedoor to him; or


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2. The violation of the sanctity of the home bytrespassing therein with violence or againstthe will of the owner.

Meaning of provocation in the aggravating

circumstance of dwelling:The provocation must be:1. Given by the owner of the dwelling,2. Sufficient, and3. Immediate to the commission of the crime.

NOTE: If all these conditions are present, theoffended party is deemed to have given theprovocation, and the fact that the crime is committedin the dwelling of the offended party is NOT anaggravating circumstance.

REASON: When it is the offended party who hasprovoked the incident, he loses his right to therespect and consideration due him in his ownhouse.

Dwelling is not aggravating in the followingcases:

1. When both the offender and the offendedparty are occupants of the same house, andthis is true even if offender is a servant in thehouse.

exception: In case of adultery in theconjugal dwelling, the same isaggravating. However, if the paramouralso dwells in the conjugal dwelling, the

applicable aggravating circumstance isabuse of confidence.

2. When robbery is committed by the use offorce upon things, dwelling is not aggravatingbecause it is inherent.

However, dwelling is aggravating inrobbery with violence against orintimidation of persons because this classof robbery can be committed without thenecessity of trespassing the sanctity of theoffended partys house.

3. In the crime of trespass to dwelling, it isinherent or included by law in defining thecrime.

4. When the owner of the dwelling gavesufficient and immediate provocation.

There must exist a close relation betweenthe provocation made by the victim and thecommission of the crime by the accused.

5. The victim is not a dweller of the house.

Par. 4.That the act be commit ted with:(1) abuse of confidence or(2) obvious ungratefulness

There are two aggravating circumstances presentunder par.4 which must be independentlyappreciated if present in the same case

While one may be related to the other in the factualsituation in the case, they cannot be lumpedtogether. Abuse of confidence requires a specialconfidential relationship between the offender andthe victim, while this is not required for there to beobvious ungratefulness

Requisites Of Abuse Of Confidence:1. That the offended party had trusted the

offender.2. That the offender abused such trust by

committing a crime against the offendedparty.

3. That the abuse of confidence facilitated thecommission of the crime.

NOTE: Abuse of confidence is inherent inmalversation (Art. 217), qualified theft (Art. 310),estafa by conversion or misappropriation (Art. 315),and qualified seduction (Art. 337).

Requisites of obvious ungratefulness:1. That the offended party had trusted the

offender;2. That the offender abused such trust by

committing a crime against the offendedparty.

3. That the act be committed with obviousungratefulness.

NOTE: The ungratefulness contemplated by par. 4must be such clear and manifest ingratitude on thepart of the accused.

Par. 5.That the crime be committed in the palaceof the Chief Executive, or in his presence, or

where public authorities are engaged in thedischarge of their duties, or in a placededicated to religious worship.

Actual performance of duties is not necessarywhen crime is committed in the palace or in thepresence of the Chief Executive

Requisites Regarding Public Authorities:1. crime occurred in the public office


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2. public authorities are actually performingtheir public duties

PAR. 5. Where publicauthorities are engaged

in the discharge of theirduties

PAR. 2. Contempt orinsult to public

authorities

FOR BOTH, Public authorities are in the performanceof their duties

Place where public dut y is performedIn their office. Outside of their office.

The offended partyMay or may not be thepublic authority

Public authority shouldnot be the offendedparty

Requisites (Place Dedicated To ReligiousWorship):

1. The crime occurred in a place dedicated tothe worship of God regardless of religion

2. The offender must have decided to committhe crime when he entered the place ofworship

Except for the third which requires that officialfunctions are being performed at the time of thecommission of the crime, the other placesmentioned are aggravating per se even if noofficial duties or acts of religious worship arebeing conducted there.

Cemeteries, however respectable they may be,

are not considered as place dedicated to theworship of God.

Par. 6.That the crime be committed(1) in the nighttime, or(2) in an uninhabited place, or(3) by a band,

whenever such circumstance may facilitatethe commission o f the offense

NOTE: When present in the same case and theirelement are distinctly palpable and can subsistindependently, they shall be considered separately.

When nighttime, uninhabited place or bandaggravating:

1. When it facilitated the commission of thecrime; or

2. When especially soughtfor by the offender toinsure the commission of the crime or for thepurpose of impunity; or

3. When the offender took advantage thereoffor the purpose of impunity

NIGHTTIME (obscuridad) that period of darknessbeginning at the end of dusk and ending at dawn.

Commission of the crime must begin and beaccomplished in the nighttime. When the

place of the crime is illuminated by light,nighttime is not aggravating. It is notconsidered aggravating when the crimebegan at daytime.

Nighttime is not especially sought for whenthe notion to commit the crime wasconceived of shortly before commission orwhen crime was committed at night upon acasual encounter

However, nighttime need not be specificallysought for when (1) it facilitated thecommission of the offense, or (2) theoffender took advantage of the same tocommit the crime

A bare statement that crime was committedat night is insufficient. The information mustallege that nighttime was sought for or takenadvantage of, or that it facilitated the crime

GENERAL RULE: Nighttime is absorbed intreachery.

EXCEPTION: Where both the treacherous modeof attack and nocturnity were deliberately decidedupon in the same case, they can be consideredseparately if such circumstances have differentfactual bases. Thus: In People vs. Berdida, et. al. (June 30,

1966), nighttime was considered since it waspurposely sought, and treachery was furtherappreciated because the victims hands andarms were tied together before he wasbeaten up by the accused.

In People vs. Ong, et. al. (Jan. 30, 1975),there was treachery as the victim wasstabbed while lying face up and defenseless,and nighttime was considered upon proofthat it facilitated the commission of theoffense and was taken advantage of by theaccused.

UNINHABITED PLACE (despoblado) one wherethere are no houses at all, a place at a considerabledistance from town, where the houses are scatteredat a great distance from each other

Solitude must be sought to better attain thecriminal purpose

What should be considered here is whether in theplace of the commission of the offense, there wasa reasonable possibility of the victim receivingsome help.


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BAND (en cuadrilla) whenever there are morethan 3 armed malefactors that shall have actedtogether in the commission of an offense

NOTE:There mustbe four or more armed men

If one of the four-armed malefactors is a principalby inducement, they do not form a band becauseit is undoubtedly connoted that he had no directparticipation.

By a band is aggravating in crimes againstproperty or against persons or in the crime ofillegal detention or treason but does not apply tocrimes against chastity

By a band is inherent in brigandage This aggravating circumstance is absorbed in the

circumstance of abuse of superior strength

Par. 7.That the crime be committed on theoccasion of a conflagration, shipwreck,earthquake, epidemic or other calamity ormisfortune.

Requisites:1. The crime was committed when there was a

calamity or misfortune2. The offender took advantage of the state of

confusion or chaotic condition from suchmisfortune

If the offended was PROVOKED by the offendedparty during the calamity/misfortune, this

aggravating circumstance may not be taken intoconsideration.

Par. 8.That the cr ime be commit ted with the aid of(1) armed men or(2) persons who insure or afford impunity

Requisites:1. That armed men or persons took part in the

commission of the crime, directly orindirectly.

2. That the accused availedhimself of their aidor relied upon them when the crime was

committed.

NOTE: This aggravating circumstance requires thatthe armed men are accomplices who take part in aminor capacity directly or indirectly, and not whenthey were merely present at the crime scene. Neithershould they constitute a band, for then the properaggravating circumstance would be cuadrilla.

When This Aggravating Circumstance Shall NotBe Considered:

1. When both the attacking party and the partyattacked were equally armed.

2. When the accused as well as those whocooperated with him in the commission of thecrime acted under the same plan and for the

same purpose.3. When the others were only casually presentand the offender did not avail himself of anyof their aid or when he did not knowinglycount upon their assistance in thecommission of the crime

Par. 6 By a band Par. 8. With the aid ofarmed men

As to their number

Requires more than threearmed malefactors (i.e.,

at least four)

At least two

As to their act ionRequires that more thanthree armed malefactorsshall have acted togetherin the commission of anoffense.

This circumstance ispresent even if one of theoffenders merely relied ontheir aid, for actual aid isnot necessary.

If there are four armed men, aid of armed men isabsorbed in employment of a band. If there arethree armed men or less, aid of armed men maybe the aggravating circumstance.

Aid of armed men includes armed women.

Par. 9. That the accused is a recidivist

RECIDIVIST one who at the time of his trial for onecrime, shall have been previously convicted by final

judgment of another crime embraced in the same titleof the RPC.

Requisites:1. That the offender is on trial for an offense;2. That he was previously convicted by final

judgmentof another crime;3. That both the first and the second offenses

are embraced in the same title of the Code;4. That the offender is convicted of the new

offense.

MEANING OF at the time of his trial for onecrime.It is employed in its general sense, including therendering of the judgment. It is meant to includeeverything that is done in the course of the trial, from


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arraignment until after sentence is announced by thejudge in open court.

What is controlling is the TIME OF THE TRIAL,not the time of the commission of the offense.

GENERAL RULE: To prove recidivism, it isnecessary to allege the same in the information andto attach thereto certified copy of the sentencesrendered against the accused.

Exception: If the accused does not object andwhen he admits in his confession and on thewitness stand.

Recidivism must be taken into account no matterhow many years have intervened between thefirst and second felonies.

Amnesty extinguishes the penalty and its effects.However, pardon does not obliterate the fact thatthe accused was a recidivist. Thus, even if theaccused was granted a pardon for the firstoffense but he commits another felony embracedin the same title of the Code, the first convictionis still counted to make him a recidivist

Being an ordinary aggravating circumstance,recidivism affects only the periods of a penalty,except in prostitution and vagrancy (Art. 202) andgambling (PD 1602) wherein recidivism increasesthe penalties by degrees. No other genericaggravating circumstance produces this effect

In recidivism it is sufficient that the succeedingoffense be committed after the commissionof thepreceding offense provided that at the time of histrial for the second offense, the accused hadalready been convicted of the first offense.

If both offenses were committed on the samedate, they shall be considered as only one,hence, they cannot be separately counted inorder to constitute recidivism. Also, judgments ofconvicted handed down on the same day shall beconsidered as only one conviction.REASON:Because the Code requires that to be

considered as separate convictions, at the time ofhis trial for one crime the accused shall havebeen previously convicted by final judgment ofthe other.

Par. 10. That the offender has been previouslypunished for an offense to which the lawattaches an equal or greater penalty or fortwo or more crimes to which i t attaches alighter penalty.

Requisites Of ReiteracionOr Habituality:1. That the accused is on trial for an offense;2. That he previously served sentence for

another offense to which the law attaches an

a) Equal orb) Greater penalty, orc) For two or more crimes to which it

attaches a lighter penalty than thatfor the new offense; and

3. That he is convicted of the new offense

HABITUALITY RECIDIVISM

As to the firs t offense

It is necessary that theoffender shall haveserved out hissentence for the first

offense

It is enough that afinal judgmenthasbeen rendered in thefirst offense.

As to the kind of of fenses involved

The previous andsubsequent offensesmust notbe embraced in the sametitle of the Code.

Requires that theoffenses be includedin the same title of theCode.

THE FOUR FORMS OF REPETITION ARE:

1. Recidivism (par. 9, Art. 14) Where a person,on separate occasions, is convicted of two offensesembraced in the same title in the RPC. This is ageneric aggravating circumstance.

2. Reiteracion or Habituality (par. 10, Art. 14) Where the offender has been previously punished foran offense to which the law attaches an equal orgreater penalty or for two crimes to which it attachesa lighter penalty. This is a generic aggravatingcircumstance.

3. Multi-recidivism or Habitual delinquency (Art.62, par, 5) Where a person within a period of tenyears from the date of his release or last conviction ofthe crimes of serious or less serious physical injuries,robbery, theft, estafa or falsification, is found guilty of

the said crimes a third time or oftener. This is anextraordinary aggravating circumstance.

4. Quasi-recidivism (Art. 160) Where a personcommits felony before beginning to serve or whileserving sentence on a previous conviction for afelony. This is a special aggravating circumstance.

Since reiteracion provides that the accused hasduly served the sentence for his previousconviction/s, or is legally considered to have


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done so, quasi-recidivism cannot at the sametime constitute reiteracion, hence thisaggravating circumstance cannot apply to aquasi-recidivist.

If the same set of facts constitutes recidivism andreiteracion, the liability of the accused should be

aggravated by recidivism which can easily beproven.

Par. 11. That the crime be commit ted inconsideration of price, reward or promise.

Requisites:1. There are at least 2 principals:

The principal by inducement (one whooffers)

The principal by direct participation(accepts)

2. The price, reward, or promise should beprevious to and in consideration of thecommission of the criminal act

NOTE: The circumstance is applicable to bothprincipals .It affects the person who received theprice / reward as well as the person who gave it.

If without previous promise it was givenvoluntarily after the crime had been committed asan expression of his appreciation for thesympathy and aid shown by the other accused, itshould not be taken into consideration for the

purpose of increasing the penalty.

The price, reward or promise need not consist ofor refer to material things or that the same wereactually delivered, it being sufficient that the offermade by the principal by inducement beaccepted by the principal by direct participationbefore the commission of the offense.

The inducement must be the primaryconsideration for the commission of the crime.

Par. 12. That the crime be committed by means of

inundation, fire, poison, explosion, strandingof a vessel or intentional damage thereto,derailment of a locomotive, or by use of anyartifice involving great waste and ruin

The circumstances under this paragraph will onlybe considered as aggravating if and when theyare used by the offender as a means toaccomplish a criminal purpose

When another aggravating circumstance alreadyqualifies the crime, any of these aggravatingcircumstances shall be considered as genericaggravating circumstance only

When used as a means to kill another person,the crime is qualified to murder.

PAR. 12 by meansof inundation, fire,etc.

PAR. 7 on theoccasion of aconflagration,

shipwreck, etc.

The crime iscommitted by meansof any such actsinvolving great wasteor ruin.

The crime is committedon the occasion of acalamity or misfortune.

Par. 13. That the act be committed with evidentpremeditation

Requisites:The prosecution must prove

1. The time when the offender determined tocommit the crime;

2. An act manifestly indicating that the culprithas clung to his determination; and

3. A sufficient lapse of time between thedetermination and execution, to allow him toreflect upon the consequences of his act andto allow his conscience to overcome the

resolution of his will.

Essence of premeditation: The execution of thecriminal act must be preceded by cool thought andreflection upon the resolution to carry out the criminalintent during the space of time sufficient to arrive at acalm judgment.

To establish evident premeditation, it must beshown that there was a period sufficient to affordfull opportunity for meditation and reflection, atime adequate to allow the conscience toovercome the resolution of the will, as well as

outward acts showing the intent to kill. It must beshown that the offender had sufficient time toreflect upon the consequences of his act but stillpersisted in his determination to commit thecrime. (PEOPLE vs. SILVA, et. al., GR No.140871, August 8, 2002)

Premeditation is absorbedby reward or promise.

When the victim is different from that intended,premeditation is not aggravating. However, if the


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offender premeditated on the killing of anyperson, it is proper to consider against theoffender the aggravating circumstance ofpremeditation, because whoever is killed by himis contemplated in his premeditation.

Par. 14. That (1) craft, (2) fraud, or (3) disguise beemployed.

RequisiteThe offender must have actually used craft, fraud, ordisguise to facilitate the commission of the crime.

CRAFT (astucia) involved the use of intellectualtrickery or cunning on the part of the accused.A chicanery resorted to by the accused to aid in theexecution of his criminal design. It is employed as ascheme in the execution of the crime.

FRAUD (fraude) insidious words or machinationsused to induce the victim to act in a manner whichwould enable the offender to carry out his design.

FRAUD CRAFT

Where there is a directinducementby insidiouswords or machinations,fraud is present.

The act of theaccused done inorder not to arousethe suspicion of thevictim constitutescraft.

Craft and fraud may be absorbed in treachery ifthey have been deliberately adopted as themeans, methods or forms for the treacherousstrategy, or they may co-exist independentlywhere they are adopted for a different purpose inthe commission of the crime.

Ex: In People vs. San Pedro (Jan. 22, 1980),

where the accused pretended to hire thedriver in order to get his vehicle, it was heldthat there was craft directed to the theft of thevehicle, separate from the meanssubsequently used to treacherously kill thedefenseless driver.

InPeople vs. Masilang(July 11, 1986)therewas also craft where after hitching a ride, theaccused requested the driver to take them toa place to visit somebody, when in fact theyhad already planned to kill the driver.

DISGUISE (disfraz) resorting to any device toconceal identity.

The test of disguise is whether the device orcontrivance resorted to by the offender was

intended to or did make identification moredifficult, such as the use of a mask or false hair orbeard.

The use of an assumed name in the publicationof a libel constitutes disguise.

Par. 15. That (1) advantage be taken o f superiorstrength, or (2) means be employed toweaken the defense.

Par. 15 contemplates two aggravating circumstances,either of which qualifies a killing to murder.

MEANING OF advantage be taken :

To deliberately use excessive force that is out ofproportion to the means for self-defense available tothe person attacked. (PEOPLE vs. LOBRIGAS, et.al., GR No. 147649, December 17, 2002)

No Advantage Of Superior Strength In TheFollowing:

1. One who attacks another with passion andobfuscation does not take advantage of hissuperior strength.

2. When a quarrel arose unexpectedlyand thefatal blow was struck at a time when theaggressor and his victim were engagedagainst each other as man to man.

TEST for abuse of superior strength: therelative strength of the offender and his victimand whether or not he took advantage of hisgreater strength.

When there are several offenders participating inthe crime, they must ALL be principals by directparticipation and their attack against the victimmust be concerted and intended to be so.

Abuse of superior strength is inherent in thecrime of parricide where the husband kills thewife. It is generally accepted that the husband isphysically stronger than the wife.

Abuse of superior strength is also present whenthe offender uses a weapon which is out ofproportion to the defense available to theoffended party.


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BY A BAND ABUSE OFSUPERIORSTRENGTH

The element ofband is appreciated

when the offense iscommitted by morethan three armedmalefactorsregardless of thecomparativestrength of thevictim or victims.

The gravamen ofabuse of superiority

is the takingadvantage by theculprits of theircollective strength tooverpower theirrelatively weakervictim or victims.

Hence, what is takeninto account here isnot the number ofaggressors nor thefact that they arearmed, but theirrelative physicalstrength vis-a vistheoffended party.

NOTE:Abuse of superior strength absorbs cuadrilla(band).

MEANING OF Means employed to weakendefense - the offender employs means thatmateriallyweaken the resisting power of the offendedparty.

Ex:1. Where one, struggling with another, suddenly

throws a cloak over the head of his opponentand while in this situation he wounds or killshim.

2. One who, while fighting with another,suddenly casts sand or dirt upon the lattereyes and then wounds or kills him.

3. When the offender, who had the intention tokill the victim, made the deceasedintoxicated, thereby materially weakening thelatters resisting power.

NOTE: This circumstance is applicable only tocrimes against persons, and sometimes againstperson and property, such as robbery withphysical injuries or homicide.

Par. 16. That the act be committed with treachery(alevosia)

TREACHERY when the offender commits any ofthe crimes against the person, employing means,methods or forms in the execution thereof which tend

directly and specially to insure its execution withoutrisk to himself arising from the defense which theoffended party might make.

Requisites:

1. That at the time of the attack, the victim wasnot in a position to defend himself; and

2. That the offender consciously adopted theparticular means, method or form of attackemployed by him.

TEST:It is not only the relative position of the partiesbut, more specifically, whether or not the victim wasforewarned or afforded the opportunity to make adefense or to ward off the attack.

Rules Regarding Treachery:1. Applicable only to crimes against persons.2. Means, methods or forms need not insure

accomplishment of crime.3. The mode of attack must be consciously

adopted.

Treachery is taken into account even if the crimeagainst the person is complexed with anotherfelony involving a different classification in theCode. Accordingly, in the special complex crimeof robbery with homicide, treachery but can beappreciated insofar as the killing is concerned.

The suddenness of attack in itself does notconstitute treachery, even if the purpose was to

kill, so long as the decision was made all of asudden and the victims helpless position wasaccidental.

Treachery applies in the killing of a child even ifthe manner of attack is not shown.

Treachery must be proved by clear andconvincing evidence

Treachery is considered against all the offenderswhen there is conspiracy.

WHEN MUST TREACHERY BE PRESENT:1. When the aggression is continuous,

treachery must be present in the beginning ofthe assault. (PEOPLE vs. MANALAD, GRNo. 128593, August 14, 2002)

Thus, even if the deceased was shotwhile he was lying wounded on theground, it appearing that the firing of theshot was a mere continuation of theassault in which the deceased was


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wounded, with no appreciable timeintervening between the delivery of theblows and the firing of the shot, it cannotbe said that the crime was attended bytreachery.

2. When the assault was not continuous, inthat there was interruption, it is sufficient thattreachery was present at the moment thefatal blow was given.

Hence, even though in the inception ofthe aggression which ended in the deathof the deceased, treachery was notpresent, if there was a break in thecontinuity of the aggression and at thetime of the fatal wound was inflicted onthe deceased he was defenseless, thecircumstance of treachery must be takeninto account.

Treachery Should Be Considered Even If:1. The victim was not predetermined but there

was a generic intent to treacherously kill anyfirst two persons belonging to a class. (Thesame rule obtains for evident premeditation).

2. There was aberratio ictusand the bullet hit aperson different from that intended. (The ruleis different in evident premeditation).

3. There was error in personae, hence the

victim was not the one intended by theaccused. (A different rule is applied inevident premeditation).

REASON FOR THE RULE: When there istreachery, it is impossible for either the intendedvictim or the actual victim to defend himselfagainst the aggression.

TREACHERY ABSORBS:1. Craft2. Abuse of superior strength3. Employing means to weaken the defense

4. Cuadrilla (band)5. Aid of armed men6. Nighttime

TREACHERY ABUSE OF

SUPERIOR

STRENGTH

MEANS

EMPLOYED TO

WEAKEN

DEFENSE

Means, methods

or forms areemployed by the

offender to make it

impossible or hard

for the offended

party to put any

sort of resistance

Offender does

not employmeans,

methods or

forms of attack,

he only takes

advantage of his

superior

strength

Means are

employed but itonly materially

weakens the

resisting power of

the offended

party

Par. 17. That means be employed orcircumstances brought about which addignominy to the natural effects of the act

IGNOMINY is a circumstance pertaining to themoral order, which adds disgrace and obloquy to thematerial injury caused by the crime.

MEANING OF which add ignominy to the naturaleffects thereofThe means employed or the circumstances broughtabout must tend to make the effects of the crimemore humiliating to victim or to put the offended partyto shame, or add to his moral suffering. Thus it isincorrect to appreciate ignominy where the victim wasalready dead when his body was dismembered, for

such act may not be considered to have added to thevictims moral suffering or humiliation. (People vs.Carmina, G.R. No. 81404, January 28, 1991)

Applicable to crimes against chastity, lessserious physical injuries, light or gravecoercion, and murder.

Par. 18. That the crime be commit ted after anunlawful entry.

UNLAWFUL ENTRY -when an entrance is effectedby a way not intended for the purpose.

NOTE: Unlawful entry must be a means to effectentrance and not for escape.

REASON FOR AGGRAVATION:One who acts, not respecting the walls erected bymen to guard their property and provide for theirpersonal safety, shows a greater perversity, a greateraudacity; hence, the law punishes him with moreseverity.


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Par. 19. That as a means to the commission o f acrime, a wall, roof, floor, door, or w indow bebroken.

Appl icable only if such acts were done bythe offender to effect ENTRANCE. If thewall, etc., is broken in order to get out of theplace, it is not an aggravating circumstance.

It is NOT necessary that the offender shouldhave entered the building Therefore, If theoffender broke a window to enable himself toreach a purse with money on the table nearthat window, which he took while his bodywas outside of the building, the crime of theftwas attended by this aggravatingcircumstance.

PAR. 19 PAR. 18

It involves the breaking(rompimiento) of theenumerated parts ofthe house.

Presupposes that thereis no such breaking asby entry through thewindow.

NOTE: Breaking in is lawful in the followinginstances:

1. An officer, in order to make an arrest, maybreak open a door or window of any buildingin which the person to be arrested is or is

reasonably believed to be;2. An officer, if refused admittance, may breakopen any door or window to execute thesearch warrant or liberate himself,

3. Replevin, Section 4, Rule 60 of the Rules ofCourt

Par. 20. That the crime be commit ted(1) with the aid of persons under fi fteen (15)years of age, or(2) by means of motor vehicles, airships , orother similar means.

TWO DIFFERENT CIRCUMSTANCES GROUPEDIN THIS PARAGRAPH:1. With the aid of persons under fifteen years of

age: Intends to repress, so far as possible, the

frequent practice resorted to by professionalcriminals to avail themselves of minors takingadvantage of their irresponsibility.

2. By means of motor vehicles, airships, orother similar means:

Intended to counteract the great facilitiesfound by modern criminals in said means tocommit crime and flee and abscond once thesame is committed.

Use of motor vehicle is aggravating wherethe accused purposely and deliberatelyused

the motor vehicle in going to the place of thecrime, in carrying away the effects thereof,and in facilitating their escape.

MEANING OF or other simi lar means

Should be understood as referring to motorizedvehicles or other efficient means of transportationsimilar to automobile or airplane.

Par. 21. That the wrong done in the commission

of the c rime be deliberately augmented bycausing other wrong not necessary for itscommission

CRUELTY there is cruelty when the culprit enjoysand delights in making his victim suffer slowly andgradually, causing unnecessary physical pain in theconsummation of the criminal act.

Requisites:1. That the injury caused be deliberately

increasedby causing other wrong;2. That the other wrong be unnecessaryfor the

execution of the purpose of the offender.

Cruelty is not inherent in crimes against persons. In order for it to be appreciated, there must be

positive proof that the wounds found on the bodyof the victim were inflicted while he was still alivein order unnecessarily to prolong physicalsuffering.

Cruelty cannot be presumed If the victim was already dead when the acts of

mutilation were being performed, this would alsoqualify the killing to murder due to outraging ofhis corpse.

IGNOMINY (PAR.17) CRUELTY (PAR. 21)Involves MORALsuffering

Refers to PHYSICALsuffering

Unlike mitigating circumstances (par. 10, Art.13), there is NO provision for aggravatingcircumstances of a similar or analogouscharacter.


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CHAPTER FIVEALTERNATIVE CIRCUMSTANCES

ART.15 Concept of Alternative Circumstances

BASIS:

The nature and effects of the crime and the otherconditions attending its commission.

THE ALTERNATIVE CIRCUMSTANCES ARE:1. Relationship;2. Intoxication; and3. Degree of instruction and education of the

offender.

RELATIONSHIP

The alternative circumstance of relationship shall betaken into consideration when the offended party isthe

1. Spouse,2. Ascendant,3. Descendant,4. Legitimate, natural, or adopted brother or

sister, or5. Relative by affinity in the same degree of the

offender.

Other Relatives Included (By Analogy):1. The relationship of stepfather or stepmother

and stepson or stepdaughter.REASON: It is the duty of thestepparents to bestow upon their

stepchildren a mothers/fathers affection,care and protection.

2. The relationship of adopted parent andadopted child.

NOTE: But the relationship of uncle and niece is notcovered by any of the relationship mentioned.

When Relationship Mitigating And WhenAggravat ing:1. As a rule, relationship is mitigating in crimes

against property, by analogy to the provisions ofArt. 332. Thus, relationship is mitigating in the crimesof robbery (Arts. 294-302), usurpation (Art.

312), fraudulent insolvency (Art. 314) andarson (Arts. 321-322, 325-326).

2. In crimes against persons a) It is aggravatingwhere the offended party is

a relative ofI. a higher degreethan the offender, or

II. when the offender and the offended partyare relatives of the same level (e.g.brothers)

b) But when it comes to physical injuries:i. It is aggravating when the crime

involves serious physical injuries (Art.263), even if the offended party is adescendant of the offender. But theserious physical injuries must not beinflicted by a parent upon his child byexcessive chastisement.

ii. It is mitigating when the offensecommitted is less serious physicalinjuries or slight physical injuries, if theoffended party is a relative of a lowerdegree.

iii. It is aggravating if the offended party is

a relative of a higher degree of theoffender.

c) When the crime is homicide or murder,relationship is aggravatingeven if the victimof the crime is a relative of a lower degree.

d) In rape, relationship is aggravatingwhere astepfather raped his stepdaughter or in acase where a father raped his own daughter.

3. In crimes against chastity, like acts oflasciviousness (Art. 336), relationship is always

aggravating, regardless of whether the offenderis a relative of a higher or lower degree of theoffended party.

When the qualification given to the crime isderived from the relationship between theoffender and the offended party, it is neithermitigating nor aggravating, because it isinseparablefrom and inherentin the offense.(e.g. parricide, adultery and concubinage).

ALTERNATIVE CIRCUMSTANCES Thosewhich must be taken into consideration asaggravating or mitigating according to thenature and effects of the crime and the otherconditions attending its commission.


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INTOXICATION

When Intoxication Mitigating And WhenAggravat ing:1. Mitigating

i. If intoxication is not habitual, orii. If intoxication is not subsequent to the plantocommit a felony.

2. Aggravat ingi. If intoxication is habitual, orii. If it is intentional (subsequent to the plan to

commit a felony).

To Be Entitled To The Mitigating Circumstance OfIntoxication, It Must Be Shown:

1. That at the time of the commission of thecriminal act, the accused has taken suchquantity of alcoholic drinks as to blur hisreason and deprive him of a certain degreeof control, and

2. That such intoxication is not habitual, orsubsequent to the plan to commit the felony.

To be mitigating, the accuseds state ofintoxication must be proved. Onceintoxication is established by satisfactoryevidence, in the absence of proof to thecontrary, it is presumed to be non-habitual orunintentional.

INSTRUCTION OR EDUCATION As an alternative circumstance it does not

refer only to literacy but more to the level ofintelligence of the accused.

Refers to the lack or presence of sufficientintelligence and knowledge of the fullsignificance of ones acts.

Low degree of instruction and educationor lack of it is generally mitigating. Highdegree of instruction and education isaggravating, when the offender tookadvantage of his learning in committing thecrime.

GENERAL RULE: Lack of sufficient education is

mitigating.EXCEPTIONS:

1. Crimes against property (e.g. arson,estafa, theft, robbery)

2. Crimes against chastity, and3. Treason because love of country

should be a natural feeling of everycitizen, however unlettered or unculturedhe may be.

TITLE TWO

PERSONS CRIMINALLY LIABLE FORFELONIES

ART.16.WHO ARE CRIMINALLY LIABLE

Note that accessories are not liable for lightfelonies. REASON: In the commission of lightfelonies, the social wrong as well as theindividual prejudice is so small that penalsanction is unnecessary.

The classification of the offenders as principal,accomplice or an accessory is essential under

the RPC. The classification maybe applied tospecial laws only if the latter provides for thesame graduated penalties as those providedunder the RPC.

There Are Two Parties In All Crimes:

1. Active subject(the criminal) Art. 16 enumerates the active subjects

of the crime.2. Passive subject(the injured party)

Is the holder of the injured right: theman, the juristic person, the group, andthe State.

Note: Only natural persons can be theactive subject of crime because of thehighly personal nature of the criminalresponsibility.

However, corporation and partnershipcan be a passive subject of a crime.

GENERALLY: Corpses and animalscannot be passive subjects becausethey have no rights that may beinjured.

EXCEPTION: Under Art. 253, thecrime of defamation may becommitted if

ateneo crim mem aid

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