ROBBERY WITH HOMICIDE
When by reason or occasion of the robbery,
homicide is committed (Art. 294)
on the occasion and by reason mean that
homicide or physical injuries must be
committed in the course of the robbery
Elements of Robbery in general:
1. Personal Property
2. Belonging to another
3. Unlawful taking
4. Intent to gain
5. Violence against or intimidation of any
person or force upon anything
ONLINE LIBEL
Elements of libel:
1. An imputation of a crime, a vice or defect
(real or imaginary), or any act, omission,
condition, status, or circumstance;
2. Imputation must be made publicly;
3. Imputation must be directed at a juridical
or natural person or one who is dead;
4. Imputation must tend to cause dishonour,
discredit, or contempt of the offended
party
Punished by RA 10175
Publishing online raises the penalty in the RPC
by one (1) degree
GRAVE COERCION
Two modes of committing
1. Preventing another, by means of violence,
threats, or intimidation, from doing
something not prohibited by law;
2. Compelling another, by means of
violence, threats, or intimidation, to do
something against his will, be it right or
wrong
SLIGHT PHYSICAL INJURIES AND
MALTREATMENT
Modes
1. Physical injuries incapacitated the
offended party for labor for 1-9 days or
required medical attendance during the
same period
2. Physical injuries which did not prevent
the offended party from engaging in his
habitual work or which did not require
medical attendance
3. Ill-treatment of another by deed without
causing any injury
DANGEROUS DRUGS (RA 9165)
Acts punishable:
1. Importation of Dangerous Drugs and/or
Controlled Precursors and Essential
Chemicals
2. Sale, Trading, Administration,
Dispensation, Delivery, Distribution and
Transportation of Dangerous Drugs
and/or Controlled Precursors and
Prohibited Essential Chemicals
3. Maintenance of Den, Dive, or Resort
4. Employees and Visitors of a Den, Dive,
and Resort
5. Manufacture of Dangerous Drugs and/or
Controlled Precursors and Essential
Chemicals
6. Illegal Chemical Diversion of Controlled
Precursors and Essential Chemicals
7. Manufacture or Delivery of Equipment,
Instruments, Apparatus, and Other
Paraphernalia for Dangerous Drugs
and/or Controlled Precursors and
Essential Chemicals
8. Possession of Dangerous Drugs
9. Possession of Equipment, Instrument,
Apparatus, and Other Paraphernalia for
Dangerous Drugs
10. Possession of Dangerous Drugs During
Parties, Social Gatherings, or Meetings
11. Possession of Equipment, Instrument,
Apparatus and Other Paraphernalia for
Dangerous Drugs During Parties, Social
Gatherings, or Meetings
12. Use of Dangerous Drugs
13. Cultivation or Culture of Plants Classified
as Dangerous Drugs or as Sources Thereof
14. Maintenance and Keeping of Original
Records of Transactions on Dangerous
Drugs and/or Controlled Precursors and
Essential Chemicals
15. Unnecessary Prescription of Dangerous
Drugs
16. Unlawful Prescription of Dangerous
Drugs
ABORTION
Intentional Abortion:
1. There is a pregnant woman;
2. Violence is exerted, or drugs or beverages
administered, or that the accused
otherwise acts upon such pregnant
woman;
 3. As a result of the violence or drugs or
beverages upon her, or any other act of
the accused, the fetus dies, either in the
womb or after having been expelled
therefrom;
4. Abortion is intended
Unintentional abortion:
1. Pregnant woman
2. Violence is used on PW without intending
abortion
3. Violence intentionally exerted
4. Fetus dies in the womb or is expelled
therefrom
Abortion Practiced by the Woman Herself or
Her Parents
1. PW
2. Intended
3. Caused by the pregnant woman herself,
any other person with her consent, or any
of her parents with the purpose of
concealing her dishonour
Abortion by a Physician or Midwife and
Dispensing of Abortives:
1. PW who has suffered an abortion;
2. Offender, who must be a physician or
midwife, caused or assisted in causing the
abortion;
3. Said physician or midwife took advantage
of his or her scientific knowledge or skill
EXEMPTING CIRCUMSTANCES
Imbecility/Insanity
1. Mental development comparable to that
of a child between 2 and 7 years of age
2. Insanity must be proven beyond
reasonable doubt. Evidence must refer to
(a) the time preceding the act under
prosecution or (b) at the very moment of
its execution
The test of COGNITION:
Whether the accused acted with
complete deprivation of
intelligence
The test of VOLITION: whether
accused acted in total
deprivation of freedom of will
Minority
1. Child in conflict with the law a child
who is alleged as, accused of, or adjudged
as, having committed an offense under
PH laws
2. 15 years of age or under at the time of the
commission of the offense
3. 15-18 exempt from criminal liability if he
acted without discernment. If acted with
discernment, send to diversion program.
4. If under 18, suspense is immediately
suspended
Accident
1. A person is performing a lawful act
2. With due care
3. He causes an injury to another by mere
accident
4. Without fault or intention of causing it
Compulsion of Irresistible Force
1. Compulsion is by means of physical
force;
2. Physical force must be irresistible;
3. Physical force must come from a 3rd
person
Impulse of Uncontrollable Fear
1. Threat which causes the fear is of an evil
greater than or at least equal to, that
which he is forced to commit
2. It promises of an evil of such gravity and
imminence that the ordinary man would
have succumbed to it
Insuperable or Unlawful Cause
1. Act is required by law to be done
2. Person fails to perform such act
3. His failure to perform such act was due to
some lawful or insuperable cause
JUSTIFYING CIRCUMSTANCES
Self-defense
1. Unlawful aggression
2. Reasonable necessity of means employed
to prevent or repel it
3. Lack of sufficient provocation from the
person defending himself
Defense of relatives
1. Unlawful aggression
2. Reasonable necessity of means employed
to prevent or repel it
3. Lack of sufficient provocation on the part
of the relative or, in case of provocation,
the one making the defense had no part
therein
Defense of strangers
1. Unlawful aggression
2. Reasonable necessity of means employed
to prevent or repel it
 3. Person defending was not induced by
revenge, resentment, or evil motive
Avoidance of a greater evil
1. Evil sought to be avoided actually exists
2. Evil or injury sought to be avoided must
not have been produced by the one
invoking the justifying circumstance
3. Injury feared be greater than that done to
avoid it
4. There is no practical and less harmful
means of preventing it
Fulfillment of duty
1. Offender acted in performance of duty or
in the lawful exercise of a right or office;
2. 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
Obedience to an order issued for some lawful
purpose
1. Order issued by a superior
2. Issued for a lawful purpose
3. Means used to carry it out must be lawful
4. Subordinate not liable for carrying out an
illegal order of his superior if he is not
aware of the illegality of the order and he
is not negligent
GRAVE THREATS
First mode: Threatening, even not unlawful/
Elements:
1. Offender threatens another person with
infliction upon the latters person, honor,
or property, or upon that of the latters
family, any wrong
2. Such wrong amounts to a crime
3. There is a demand for money or that any
other condition is imposed, even though
not unlawful
4. Offender attains his purpose
Mode 2: Threatening without attaining
purpose
Mode 3: Threat = crime/Elements:
1. Offender threatens another person with
the infliction upon the latters person,
honor, property, or upon that of the
latters family, any wrong
2. Such wrong amounts to a crime
3. Threat is not subject to a condition
STAGES OF EXECUTION
Consummated Felony: When all the elements
necessary for its execution and
accomplishment are present; the felony is
produced
Frustrated Felony: When the offender
performs all the acts of execution which
would produce the felony as a consequence
but which, nevertheless, do not produce it by
reason of causes independent of the
perpetrator
Attempted Felony: Offender commences
commission of a felony directly by overt act,
and does not perform all the acts of execution
which should produce the felony but by
reason of some cause or accident other than his
own spontaneous desistance
ABERRATIO ICTUS/PRAETER
INTENTIONEM/ERROR IN PERSONAE
Aberratio ictus: Mistake in the blow
Praeter Intentionem: injurious result is greater
than intended
Error in personae: Mistake in the identity of
the victim
TREASON (114)
Mode 1: Levying War
1. Offender is a Filipino or a resident alien
2. War in which PH is involved
3. Offender levies war against the
government
Mode 2: Adherence to the Enemy and Giving
Aid or Comfort
1. Offender is a Filipino or a resident alien
2. War in which PH is involved
3. Offender adheres to the enemies, giving
them aid or comfort, e.g. hugging them
RAPE
Mode 1: Rape through sexual intercourse
1. Offender is a man
2. Offender had carnal knowledge of a
woman;
3. Such act is accomplished under any of the
following circumstances:
Force, threat, intimidation
Woman is deprived of reason or
otherwise unconscious
Fraudulent machination or grave
abuse of authority
Woman is under 12 years of age
Mode 2: Rape through sexual assault
 1. Offender commits an act of sexual assault
2. Act of sexual assault is committed by the
following means:
Inserting his penis into another
persons mouth or anal orifice;
Inserting any instrument or any
object into the genital or anal
orifice of another person;
3. Act of sexual assault is accomplished
under any of the following circumstances:
Force or intimidation
Woman is deprived of reason or
is otherwise unconscious
Fraudulent machination or grave
abuse of authority
Woman is under 12 years of age
or demented
RECIVIDISM/REITERACION/HABITUAL
DELINQUENCY/QUASI-RECIDIVISM
Recidivism
1. Offender is on trial for an offense;
2. Previous conviction by final judgment of
another crime
First and second offenses
embraced in the same title under
the RPC
Offender is convicted of the new
offense
Time of trial is controlling, not
the commitment of the crime
Reiteracion
1. Accused is on trial for an offense
2. He previously served sentence
For another offense to which the
law attaches an equal or greater
penalty; or
For two or more crimes which it
attaches a lighter penalty than
that for the new offense
3. He is convicted of the new offense
Does not include crimes
punished by special laws
Quasi-Recividism
1. Offender was already convicted by final
judgment of one offense
2. He committed a new felony before
beginning to serve that sentence or while
serving the same
Habitual Delinquency
1. Offender has been convicted of any of the
crimes of serious or less serious physical
injuries, robbery, theft estafa, or
falsification;
2. After that conviction or after serving his
sentence, he AGAIN COMMITTED, and
WITHIN 10 YEARS from HIS RELEASE
or FIRST CONVICTION, he was AGAIN
CONVICTED of any of the said crimes for
the second time
3. After his conviction of, or after serving
sentence for, the second offense, he again
committed, and within 10 years from his
last release or last conviction, he was
again convicted of any of said offenses a
third time or oftener
4. Additional penalty is imposed to render
more effective social defense and the
reformation of habitual delinquents
PRIVILEGED MITIGATING CIRCUMSTANCES
Cannot be offset
Reduces the penalty by one to two degrees
than that provided by law for the crime
Minority
Incomplete fulfilment of duty
SEXUAL ABUSE
Act of sexual intercourse of lascivious conduct
with a child exploited in prostitution or subject
to other sexual abuse
Those who derive profit or advantage
therefrom, whether as manager or owner of
the establishment where the prostitution takes
place....
KIDNAPPING AND SERIOUS ILLEGAL
DETENTION
Elements:
1. Offender is a private individual
2. He kidnaps/detains another, or in any
other manner deprives him of his liberty
3. Act of detention or kidnapping must be
illegal
4. In the commission of the offense, any of
the three following circumstances is
present:
Kidnapping lasts for more than
three (3) days
Committed simulating public
authority
Any serious physical injuries are
inflicted upon the person
 kidnapped or detained or threats
to kill him are made;
Person kidnapped or detained is
a minor, female, or public officer
INTENTIONAL FELONIES vis-a-vis CULPABLE
FELONIES
Intentional Felonies: The act or omission is
performed or incurred with deliberate intent to
cause an injury to another.
Elements:
1. Freedom
2. Intelligence
3. Criminal Intent
Culpable Felonies: Those resulting from
negligence, reckless imprudence, lack of foresight
or lack of skill, performed without malice.
MITIGATING CIRCUMSTANCES
1. Incomplete Justification and Exemption
2. Under 18 or Over 70 Years of Age
3. No intention to commit so great a wrong
4. Sufficient Provocation or Threat
5. Immediate Vindication of a Grave Offense
6. Passion or Obfuscation
7. Voluntary Surrender
8. Voluntary Plea of Guilt
9. Plea to a Lower Offense
10. Physical Defect
11. Illness
12. Analogous Circumstances
CRIMES IN RA 3019
Misappropriation
Conversation
Misuse of funds
Raids on the public treasury
Receiving, directly or indirectly, any
commission, gift...
COMPLEX CRIMES
Complex Crime (Delito Compuesto) a single
act results in two or more less grave felonies
1. Only a single act is performed by the
offender
2. Single act produces
2 or more grave felonies
1 or more grave and 1 more less
grave felonies
2 or more less grave felonies
Complex Crime Proper (Delito Complejo) an
offense is necessary for committing another
1. At least two offenses are committed
2. One or some of the offenses must be
necessary to commit the other
3. Both or all of the offenses must be
punished by statute
ART. 247 Death or Physical Injuries Under
Exceptional Circumstances
1. A legally married person or parent
surprises his spouse or daughter, the latter
under 18 years of age and living with him,
in the act of sexual intercourse with another
person;
2. He or she kills any or both of them, or
inflicts upon any or both of them serious
physical injury in the act or immediately
thereafter;
3. He has not promoted or facilitated the
prostitution of his wife or daughter, or that
he or she has not consented to the infidelity
of the other spouse
CONSPIRACY
Exists when two or more persons come to an
agreement concerning the commission of a felony
and decide to commit it. Agreement may be oral or
written, express or implied.
1. Two or more persons come to an agreement
2. Agreement presupposes meeting of the
minds of two or more persons
3. Agreement pertains to the commission of a
felony
4. Agreement to effect what has been
conceived and determined
5. Execution of the felony was decided upon
PRINCIPAL
By direct participation
1. They participated in the criminal
resolution;
2. They carried out their plan and personally
took part in its execution by acts which
directly tended to the same end
By inducement
1. Inducement be made directly with the
intention of procuring the commission of
the crime
2. Such inducement be the determining
cause of the commission of the crime by
the material executor
By Indispensable Cooperation
 1. Participation in the criminal resolution, PECUNIARY LIABILITIES
that is, there is either anterior conspiracy 1. Reparation of the damage caused
or unity of purpose and intention before 2. Indemnification of consequential damages
commission of the crime charged; 3. Fine
2. Cooperation in the commission of the 4. Cost of the proceedings
offense by performing another act,
without which it would not have been
accomplished
Accomplices are persons who, not acting as
principals, cooperate in the execution of the
offense by previous and simultaneous acts
which are not indispensable to the commission
of the crime.
Accessories are those (1) who having
knowledge of the commission of the crime and
(2) without having participated therein, either
as principals or accomplices, (3) take part
subsequent to its commission in any manner
provided by Article 19.

PROBATION
A disposition under which a defendant, after
conviction and sentence, is released subject to
conditions imposed by the court and to the
supervision of a probation officer.
Must not have appealed
Sentence imposed is a term of imprisonment
or a fine only
File with the trial court
Conditions:
1. Present himself to the probation officer
designated to undertake his supervision
at such place may be specified in the
order within 72 hours from receipt of
order
2. Report to the probation officer at least
once a month at such time and such place
as specified by the officer

PREVENTIVE IMPRISONMENT
Those who have undergone preventive
imprisonment shall be credited the full time during
which they have undergone PI if the detention
prisoner agrees voluntarily in writing after being
informed of the effects thereof and with the
assistance of counsel to abide by the same
disciplinary rules imposed upon convicted
prisoners, except if
They are recidivists
When upon being summoned for execution of
their sentence they fail to show up voluntarily
If he disagrees, credit only 4/5 of the time.