CRIMINAL LAW REVIEW

Justice Villa-ignacio

Recitation: 25%
Midterm: 25%
Finals: 50%

Secure the criminal law exam syllabus SC website

Note the several special penal laws

Special Penal Law mentioned so far:

- RA 7080
- RA 9346
- RA 10158
- RA 10591
- RA 10592

RA 7080 Plunder law

- There must be predicate crimes:
o Bribery
o Malversation
o Violation of RA 3019, anti graft and corrupt practices act

RA 9346: prohibition of the imposition of the death penalty

- No death!
o Life imprisonment
o Or Reclusion perpetua:
- Possible question: Could death penalty be considered as a cruel punishment?
o Find the jurisprudence.

Possible question:

Characteristics of Philippine Criminal Law

1. Generality: Criminal law is binding on all persons who live or sojourn in Philippine
a. Rules on jurisdiction of Military Courts
i. Civil courts have concurrent jurisdiction with general courts-martial over
soldiers of the Armed Forces of the Philippines
ii. RPC and other penal laws is not applicable when the military court takes
cognizance of the case: the Articles of War apply and not the Revised
Penal Code or other penal laws.
b. Exceptions, as stated under the opening sentence of Article 2
i. Treaty or treaty stipulations: Bases Agreement entered into with the
United States which expired in 1991
ii. Law of preferential application: R.A. 75, which makes an ambassador or
public minister of any foreign State, authorized and received as such by
the President, or any domestic servant of such ambassador from being
arrested or imprisoned. (Although it is based on reciprocity, if the other

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 state does not afford the same kind of treatment, then neither would the
Philippines extend such treatment)
iii. By virtue of Public International Law
1. Sovereigns and other chiefs of state
2. Ambassadors, ministers plenipotentiary, ministers resident, and
charges daffaires
3. NOTE: Consul is not entitled to the privileges and
immunities of an ambassador or minister
2. Territoriality: Criminal laws undertake to punish crimes committed within Philippine
territory. Penal laws are enforceable only within its territory. Refer to Article I, of the
1987 Philippine Constitution.
a. Exception: Article 2 on extra-territoriality and when a special penal law provides
for an extra territorial application.
i. Art. 2. Application of its provisions. Except as provided in the treaties
and laws of preferential application, the provisions of this Code shall be
enforced not only within the Philippine Archipelago, including its
atmosphere, its interior waters and maritime zone, but also outside of its
jurisdiction, against those who:
1. Should commit an offense while on a Philippine ship or airship
2. Should forge or counterfeit any coin or currency note of the
Philippine Islands or obligations and securities issued by the
Government of the Philippine Islands;
3. Should be liable for acts connected with the introduction into
these islands of the obligations and securities mentioned in the
preceding number;
4. While being public officers or employees, should commit an
offense in the exercise of their functions; or
5. Should commit any of the crimes against national security and
the law of nations, defined in Title One of Book Two of this
Code.
ii. Section 58 of the Human Securities Act: (subject to the provision of an
existing treaty of which the Philippine is a signatory and to any contrary
provision of any law of preferential application)
1. Commit any of the crimes in RA 9372 within Philippine territory
2. Outside territorial limits, commit, conspire or plot to commit any
of the crimes defined and punished in this act inside territorial
limits
3. Physically outside the territory, plot to commit any of the crimes
defined and punished in this Act on board Philippine ship or
Philippine airship
4. Individual persons who commit any of the crimes within any
embassy, consulate or diplomatic premises belonging to or
occupied by the Philippine government in an official capacity
5. Those who commit said crimes against the citizens or persons of
Philippines descent, where ethnicity was a factor in the
commission of the crime
6. Those who commit said crimes directly against the government
b. Possible question: Why are there crimes mentioned in the RPC, even though they
are not committed within the jurisdiction of Philippine Territory?
i. It affects the economy and political security of the Philippines.
c. Legal Bases on territorial sea

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 i. RA 3046, now RA 9522
ii. UNCLOS Territorial sea is extended up to 12 nautical miles
iii. Exclusive economic zone from 200 nautical miles from the baselines

3. Prospectivity: A penal law cannot make an act punishable in a manner in which it was not
punishable when committed.
a. Exceptions:
i. Whenever a new statute dealing with the crime establishes conditions
more lenient or favorable to the accused unless:
1. When the law expressly made inapplicable to pending
actions/existing causes of action
2. Offender is a habitual criminal under Rule 5, Art. 62
b. Different effects of repeal of a penal law
i. Repeal makes the penalty lighter: new law shall be applied
1. Exception: when the offender is a habitual delinquent or when
the new law is made not applicable to pending action or existing
causes of action
ii. New law imposes heavier penalty: law in force at that time shall be
applied
iii. Total repeal: no criminal liability
iv. Examples
1. RA 10158: Decriminalization of Vagrancy.
a. Covered under Art. 202 of the RPC
b. Covers 2 felonies
i. Vagrancy
ii. Prostitution
c. Because of the repeal under 10158, prostitution is the
lone felony punished under article 202
d. What if the offender has already been convicted and
serving sentence for vagrancy? He will be released.
2. RA 10591: Amended PD 1866
a. PD 1866 was the original law on fire arms
b. Amended by 8294
c. 10591 is now the current law

4. Legality (J. Regalado): if a penal law is not legal, then there is no need to discuss the
preceding three characteristics

Title 7: crimes committed by public officers: If physical injuries is applied on a detention

prisoner, it may be a violation of RPC and violation of SPL

Interpretation and construction of Penal Laws:

1. When it is favorable to the offender, it will be given a retroactive effect, which is an

exception to the prospective application of a penal law
a. Exception:
i. When there is an express prohibition
b. When the offender is a habitual delinquent

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Statutory Construction of Penal Laws

1. When the law is clear, there is no room for construction and interpretation. (People v.
Wong, 2006). It is only when there is ambiguity in the tenor of the penal law that the
same be resolved in favor of the accused and against the government.
a. Why? Because the accused has not participated in the drafting of the law, and so
the state must suffer the consequences.
2. If there is conflict between the Spanish and English text, the Spanish text will prevail
since it is lifted from the Spanish text.

Equipoise Rule: Where the evidence of the prosecution and the defense are balanced, then the
court must rule in favor of the accused since, as a rule, the guilt of the accused must be proved
beyond reasonable doubt

Two Theories on the school of thought in criminal law

1. Classical (retribution):
a. Basis of criminal liability is human free will and the purpose of the penalty is
retribution
b. Man has absolutely the free will to choose between good and evil
c. Mechanical and direct proportion between crime and penalty
d. Scant regard to the human element
2. Positivist
a. Man is subdued occasionally by a strange and morbid phenomenon which
constrains him to do wrong, in spite of or contrary to his volition
b. Crime is essentially a social and natural phenomenon enforcement of individual
measures in each particular case after a thorough, personal and individual
investigation conducted by a competent body of psychiatrists and social scientists

The RPC is based on the classical school, although some provisions has eminently positivistic
tendencies like impossible crimes, juvenile delinquency

Impossible Crimes

Valid information of a crime regarding impossible crimes:

People v. Butler:
- Harassed a woman
1. Against persons or property
2. Done with evil intent
3. Accomplishment is inherently impossible or that the means employed is either inadequate
or ineffectual
4. Act should not constitute a violations of another provision of the RPC

Take note: Human security act: If the state had failed to prove that the crime of terrorism under
the Human Security Act:

Sec. 49: Prosecution under this act shall be a bar to another prosecution under the
Revised Penal Code or any Special Penal Lawwhen a person has been prosecuted
under a provision of this act, upon a valid complaint or information or other formal
charge sufficient in form and substance to sustain a conviction and after the accused had
pleaded to the charge, the acquittal of the accused or the dismissal of the case shall be a

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 bar to another prosecution for any offense or felony which is necessarily included in the
offense under this Act.

Question: may the court find the guilt of the accused for the predicate crime, and not for
terrorism?

Yes, In criminal procedure, A crime that has been proved and necessarily included in the
information, the penalty of such crime may be imposed

Distinction between mala in se and mala prohibita

Mala in se mala prohibita

Those so serious in their effects on society as to
call for almost unanimous condemnation of its
members
Intent governs
Refers generally to felonies defined and
penalized by Revised Penal Code
Violations of mere rules of convenience
designed to secure a more orderly regulation of
the affairs of society
The only inquiry is: has the law been violated?
Refers generally to acts made criminal by
special laws
Exception: When the acts are inherently
immoral they are mala in se even if punished
by the RPC (People v. Sunico
disenfranchisement of a voter)

FELONIES

Elements of felonies
1. Act or omission:
a. Act: any bodily movement tending to produce some effect in the external world,
it being unnecessary that the same be actually produced, as the possibility of its
production is sufficient.
b. Omission: inaction;
i. Failure to perform a positive duty which one is bound to do
ii. There must be a law requiring the doing or performance of an act
2. Punishable by the Revised Penal Code: there must be a specific provision in law
punishing such act or omission. nullum crimen nulla poena sine lege
3. By means of dolo or culpa
a. Dolo: intentional, the act or omission of the offender is malicious
i. Elements:
1. Freedom
2. Intelligence: to determine the morality
3. Intent: presumed from the commission of the unlawful act
b. Culpa: culpable, the act or omission of the offender is not malicious
i. Committed when the wrongful act results from imprudence or
negligence. In culpable felonies, the act must also be voluntary.
ii. Requisites:
1. Freedom
2. Intelligence: to determine the morality

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 3. Negligence, Imprudence, lack of foresight or lack of skill

X witnessed the brutal killing of A by B, when the investigators arrived and were asking for
possible eyewitness/witnesses, X did not answer and instead turned around and walked away.

U.S. vs. Ah Chong and People vs. Oanis

1. U.S. vs. Ah Chong: mistake of fact, had the facts been as Ah Chong believed them to be,
he would have been justified in killing the intruder under article 11.
a. Unlawful aggression: if the intruder was a robber, the entering is an unlawful
aggresion
b. Reasonable necessity of the means employed to prevent or repel it: knife was a
reasonable means
c. Lack of sufficient provocation on the part of the person defend himself: there was
no provocation on the part of Ah Chong at all.
d. Ah Chong acted without carelessness on his part, because having no time to
make any further inquiry, the accused had no other alternative but to take the
facts as they appeared
2. People v. Oanis
a. Even if it were true that the victim was the notorious criminal, the accused would
not be justified in killing him while the latter was sleeping. The law does not
permit him to kill him, only when fugitive is determined to fight the officers of
the law would it be justified.
b. The offender was in violation of the instructions given to them; they were also
careless in not verifying first the identity of the victim as they had ample time
and opportunity to ascertain his identity without hazard to themselves.

Examples of felonies by omission

1. Article 275, par 1: a person fails to render assistance to any person whom he finds in an
uninhabited place wounded or in danger of dying
a. If the person dies, he is not guilty of homicide, but refer to last par! Liable to
prision correccional (can it be considered that the death of the person a
qualifying circumstance)
b. TAKE NOTE! Proviso: unless such action shall constitute a more serious
offense
i. Homicide, by abandonment under Art. 275
ii. Supporting articles: 3 definition of felony, 4 par 1 although the
wrongful act done be different from that which he intended, and 275
2. Misprision of treason
a. Felony covered: conspiracy to commit treason, not treason itselffailure to
report treason will not make him criminally liable
b. Only instance in RPC which punishes the failure to report the conspiracy to
commit treason
3. Illegal exaction
4. Art. 124- Delay in the delivery of prisoners

When an eyewitness lied to the investigators as to the identity of the perpetrator: not liable under
the RPC, but can be held liable under PD 1829. Obstruction of Justice.

Elements of felonies:
1. Freedom: When a person acts without freedom, he is no longer a human being but a tool

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 a. Absence: exempting
2. Intelligence
a. Absence: No criminal liability
b. Example
i. Minor/child
3. Criminal Intent: mens sit rea

MISTAKE OF FACT
Requisites:
1. Act is lawful had the facts been what the accused believed to be so
2. Intention is lawful
3. Must be without fault/negligence or carelessness

Legal maxim involved: ignorantia facti excusat

People v. Ah Chong AND People v. Oanis

1. Carelessness/negligence in People v. Oanis did not relieve the accused from criminal
liability
2. Ah Chong: there was attempt to verify who the victim is.

Distinguish: intent to commit a crime vs. intent to perpetuate an act

1. Commit a crime: presupposes criminal intent
2. Intent to perpetuate an act: voluntariness, that it was done freely and consciously
a. It usually involves crimes mala prohibita

When is good faith a defense

1. Crimes punishable by the revised penal code
2. Generally not a defense for offenses punishable by special penal laws
a. Exceptions:
i. Police officers transferring confiscated firearms

ARTICLE 4:

Paragraph 1: when one committing a felony, he is liable for the resulting effects even though it be
different from that which he intended.

When wrongful act different from what he intended:

1. Mistake in identity (error in personae)
a. Penalty: article 49 penalty for the lower crime is imposed but in its maximum
period
i. When the penalty for the felony committed HIGHER than that which he
intended to commit: penalty for the intended felony imposed in its
maximum period
ii. When the penalty for the felony committed is LOWER than that which
he intended to commit: penalty for the felony committed shall be
imposed in its maximum period
iii. If the act committed also constitutes an ATTEMPT OR FRUSTRATION
of another crime, and the law prescribes a higher penalty for either of the
latter, shall be imposed in its maximum period (This rule is unnecessary)
2. Mistake in the blow (abberatio ictus) if considered as complex crime, apply article 48

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 a. Penalty: refer to complex crime WHEN the resultant crime constitutes two or
more grave or less grave felonies
i. Compound crime: when a single at constitutes two or more grave or less
grave felonies
ii. Complex crime proper: when the offense is a necessary means for the
committing the other
b. Jason Ivler: 2 cases were filed
i. Reckless imprudence resulting to homicide: was dismissed due to the
constitutional right against double jeopardy
ii. Slight physical injuries:
3. Crime greater than that which he intended (praeter intentionem)
a. Article 13 par 3 may be invoked: mitigate the criminal liability of the offender:
that the offender had no intention to commit so grave a wrong as that
committed

When does it not apply?

a. There is an active force that intervened between the felony committed and the
resulting injury, and the active force is a distinct act absolutely foreign from the
felonious act of the accused;
b. The resulting injury is due to the intentional act of the victim

Paragraph 2: Impossible Crimes: Criminal liability shall be incurred: x x x by any person

performing an act which would be an offense against persons or property, were it not for the
inherent impossibility of its accomplishment or on account of inadequate or ineffectual means.

Requisites:
1. That the act performed would be an offense against persons or property1
2. That the act was done with evil intent
3. That its accomplishment is inherently impossible, or that the means employed is either
inadequate or ineffectual
4. That the act performed should not constitute a violation of another provision of the
Revised Penal Code
a. If it is, then the charge must be on the specific article covered

There is no attempted nor frustrated impossible crime, as no act can be done which is impossible
of its accomplishment

Follows the positivist school which punished a criminal because of its criminal tendencies

Legal impossibility:

Physical impossibility:

Example: shooting a person 500 milesis it an impossible crime of murder?

1. It is punishable as illegal discharge of firearms

1
Felonies against persons: Parricide, Murder, Homicide, Infanticide, Abortion, Duel, Physical Injuries,
Rape
Felonies against property: Robbery, Brigandage, Theft, Usurpation, Culpable Insolvency, Swindling and
other deceits, Chattel mortgage, Arson and other crimes involving destruction, Malicious mischief

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 2. Differentiate illegal discharge of firearms v. alarms and scandals v. attempted
homicide
a. Discharge of firearms: no intent to kill, but pointed to a person
b. Attempted homicide: intent to kill, pointed to a person
c. Alarms and scandals: not pointed to a person

Marital rape: Second sentence of article 266-C

What will happen if the wife shall pardon the husband after the husband has been convicted?
1. The forgiveness of the wife will extinguish criminal liability or remit the penalty
already imposed.
a. Even if the husband was already serving sentence
2. RPC is shy of using the word pardon and instead used the word forgiveness
a. Because of Art. 89 used the word pardon by the chief executive
ii. The pardon referred therein only refers to pardon in article 344
(Adultery, Concubinage, Seduction, private crimes)
1. BUT RAPE IS ALREADY A PUBLIC CRIME
b. The general rule: pardon by the offended party only extinguishes the civil
liability of the offended party
c. So rape can only be extinguished through the forgiveness of the victim-wife to
her legal husband

ARTICLE 5

Lito Corpus. GR. 10016 apr. 29, 2013

1. Corpus v. People
2. Judicial legislation, application of article 5, penalty for article 315 or estafa

2 situations
1. Act being tried which is not punished by any law
a. Dismiss then report the act to the CE through the DOJ
b. Nullum crimen, nulla poena sine lege
2. When a strict provision of the provisions of the code would result in the imposition of a
clearly excessive penalty
a. The provisions of article 5 does not apply SPL
iii. the provisions of this Code
iv. People v. Salazar
v. Only crimes which are mala in se, not mala prohibita

Stuff not listed

Special mitigating circumstance
- Art. 247
Special absolutory causes
- Art. 247

What is the significance of the stages of execution?

- It is significant because it will determine the degree of the imposable penalty on the
accused

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When Article 6 will not apply:
1. To crimes punishable by SPL
a. Unless the SPL itself provides so by adopting a penalty provided by the code
2. Also in crimes by omission, since only the consummated stage is permissible
3. In formal crimes which are consummated in one instant. Example:
b. Slander
c. Flight to enemys country

Stages in the development of a crime

1. Internal acts: mere ideas in the mind of the persons which is not punishable. Mere
intention is not a crime
2. External acts: preparatory acts and acts of execution
a. Preparatory acts: ordinarily they are not punishable except when the law provides
for their punishment in certain felonies
b. Acts of execution: they are punishable under the RPC, the stages of acts of
execution are attempted, frustrated, and consummated

The attempted stage marks the commencement of the subjective phase

- Subjective phase: that portion of the act constituting the crime, starting from the point
where the offender begins the commission of the crime to that point where he has still
control over his acts, including their natural course.
o If between these two points the offender is stopped by any cause outside of his
own voluntary desistance, the subjective phase has not been passed and it is an
attempt.
o But if he is not so stopped but continues until he performs the last act, it is
frustrated, provided the crime is not produced. The act then reached the objective
phase of the crime
o Frustrated: end of subjective, and start of objective

Stages of Execution
1. Attempted: When the offender commences the commission of a felony directly by overt
acts, and does not perform all the acts of execution which should produce the felony by
reason of some cause or accident other than his own spontaneous desistance
2. Frustrated: When the offender performs all the acts of execution which would produce
the felony as a consequence
3. Consummated: When all the elements necessary for its execution and accomplishment
are present

Light felonies, punishable only when consummated

1. Slight physical injuries
2. Theft (par 7-8: when it exceeds 5 pesos, arresto menor)
3. Alteration of boundary marks
4. Malicious mischief
5. Intriguing against honor
6. Exception! In crimes against persons and property
7. Covers accomplices, but not accessories

ARTICLE 8

Definition

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Conspiracy: is an agreement by two or more persons involving the commission of a felony and
decides to do it
Proposal: it is an offer by a person who has decided to commit a felony to some other person or
persons

What are the concepts of conspiracy?

1. Manner of commission of a felony:
a. Considered as a preparatory act and deemed absorbed in the crime committed
b. Liability will be for the consummated crime when the felony is consummated, it
no longer is a separate felony.
2. As a felony:
a. Conspiracy to commit treason, rebellion, sedition, insurrection, coup detat

What about proposal when is it punishable as a felony?

1. Proposal to commit treason or rebellion
2. Proposal as an overt act of corruption of public officer
a. Attempted bribery

Reason why conspiracy and proposal to commit a crime is punishable in crimes against external
and internal security of the State
- In ordinary crimes, the state survives the victim and the culprit cannot find in the success of his
work any impunity. Whereas in crimes against the external and internal security of the State, if
the culprit succeeds in his criminal enterprise, he would obtain the power and therefore impunity
for the crime committed (Albert)

Express/Implied Conspiracy
Implied: no express agreement, but from the acts of the co-conspirators, conspiracy may be
implied

If conspiracy is established: liability of one is the liability of all

If not established, each will be liable for their individual acts

Quantum of proof required: Proof beyond reasonable doubt

People v. Buntag(?): direct proof is not essential to establish conspiracy and may be inferred from
the collective acts of the accused before, during and after the commission of the crime
People v. Magpalo: positive and conclusive evidence

What is the rule: Direct proof is not essential to establish conspiracy, however, the prosecution
must prove the conspiracy by the same quantum of evidence with the felony charged

*conspiracy must be alleged in the information or charge sheet, failure to do so, they may only be
liable for their individual acts

Rape by sexual intercourse

- A woman may be charged with rape by sexual intercourse, if charged with a man who
had carnal knowledge of the woman, by virtue of conspiracy where the act of one is the
act of all
- But not if charged alone

Example: There is conspiracy to commit robbery, but homicide resulted.

- There are 2 forms of committing robbery

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 1. Robbery through violence, intimidation against persons: Presumed that there will
be violence against persons, which violence can result to the death of the victim
2. Robbery through force upon things

RULE: The conspirators will only be liable only to the natural and logical consequence of the
crime conspired, however if conspiracy is only to commit robbery (special rule for robbery) but a
homicide is likewise committed, all are liable for robbery with homicide because robbery
presupposes the use of force or violence or intimidation against persons regardless of whether or
not they participated in the killing.

What about robbery with rape?

What are the two forms of conspiracy recognized under the RPC?
Conspiracy as a felony and conspiracy as a manner of incurring criminal liability

Review: interpretation of RPC

- Spanish law will prevail

Go Tan v. Tan RA 9262 An exception to the rule of construction and the concept of conspiracy
Section 3, RA 9262
1. Conspiracy as a concept in incurring criminal liability, act of one is the act of all, the
liability of one is the liability of all should there be two or more conspirators
2. Contention: strictly against the state and liberally for the accused + Espression unius
est exclusion alterius
3. Court: while the said sec. 3 required that the offender be related to the victim: by
marriage/dating relationship, it does not preclude the application of the concept of
conspiracy
a. Still the court said that the principle of conspiracy will apply even if the
description of the offender is very very clear.
b. However the law itself has provided for the construction of the penal law.
i. Sec __ liberal construction of RA 9262, the intent of the lawmakers is to
protect women and their children against violence
ii. Thus, contrary to the RTC's pronouncement, the
maxim "expressio unios est exclusio alterius finds no application here. It must be
remembered that this maxim is only an ancillary rule of statutory
construction. It is not of universal application. Neither is it conclusive. It
should be applied only as a means of discovering legislative intent which is not
otherwise manifest and should not be permitted to defeat the plainly indicated
purpose of the legislature.
c. Conspiracy has been explicitly provided by the special law

Minority
- Child referred to under RA 9344 different from 7610 and from 9208
- Child 9344 person under the age of 18 years
- 7610 + 9208: the person below 18 years of age or those over but are unable to fully take
care or protect themselves from abuse, cruelty because of a physical or mental disability
- if a child is 15 years or under he is entitled to exempting circumstance even though he
acted with discernment, there is a conclusive presumption of lack of sufficient
intelligence
- Prosecution has the burden to overthrow the presumption
o By showing the [presumption of lack of sufficient intelligence?]

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 o Failure to allege discernment in the charge or information sheet is fatal on the
part of the prosecution

The exempting circumstance of minority is applicable to any act or omission whether punishable
under special laws or the RPC as provided for in sec 4 par a of RA 9344

If the issue of the age of the child is raised after the filing of the information the court shall
suspend the hearing or trial and proceed with the hearing on the determination of the age of the
child

Incidentally, for purposes of RA 9344, what are the punishable acts?

- Status offenses: refers to offenses which discriminate only against a child, while an adult
does not suffer any penalty for committing similar acts. These shall include curfew
regulations, truancy, parental disobedience and the like.

Article 10
First clause: the special penal laws are controlling in regard to offenses therein specifically
punished
Second clause: the code shall be supplementary to such laws unless the latter should specially
provide the contrary
Labonga v. People, Feb. 2005 the court applied the provision on subsidiary imprisonment under
article 39 of the RPC to the violation of BP 22 which is a special penal law. But in people v. , the
court refused to apply the penalties in the code to republic act number _____ anti carnapping law
and other special laws of the same formulation.
so if the problem refers to BP 22, article 10 may be used as basis, but for other crimes no.

MODIFYING CIRCUMSTANCES

1. Justifying circumstances:
a. Are those where the act of a person is said to be in accordance with law, so that
such person is deemed not to have transgressed the law and is free from both
criminal and civil liability
b. There is no civil liability except in par. 4 of Art. 11 where the civil liability is
borne by the persons who benefited by the act.
c. Basis: the law recognizes the non-existence of a crime by expressly stating in the
opening sentence of Article 11 that the person therein mentioned do not incur
any criminal liability.
2. Exempting circumstances:
a. (non imputability) are those grounds for exemption from punishment because
there is wanting in the agent of the crime any of the conditions which make the
act voluntary or negligent
b. Basis: based on the complete absence of intelligence, freedom of action, or intent
or on the absence of negligence on the part of the accused.
3. Mitigating Circumstance:

Extra aggravating circumstance when possession was found during a party or a to a social
gathering or meeting or in the proximate company of at least 2 persons
(sec 13, 14 of RA 9165)

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Sec.25: Commission of a crime by an offender under the influence of dangerous drugs shall be a
qualifying aggravating circumstance in the commission of a crime by an offender and the
application of the penalty provided for in the RPC shall be applicable

JUSTIFYING CIRCUMSTANCES

See People v. Apolinar

OTHER MODIFYING CIRCUMSTANCES

1. Article 247: special mitigating circumstance: the offender notwithstanding

a. If the husband inflicted only less serious physical injuries offending spouse
would not incur criminal liability
b. Destierro if the offending spouse committed serious physical/killing
2. Intent to conceal the dishonor of the mother
3. Voluntary release of the detained person within 3 days in a case of slight illegal detention
(Art. 268)
4. Abandonment of the wife by the offended spouse without justification in adultery
wherein the penalty is reduced by 1 degree

Imposition of the death penalty has been suspended by R.A. 9346

SPECIAL MITIGATING CIRCUMSTANCES

1. Error in personae: the penalty imposed is for the lesser offense in the maximum period
see art. 49
2. Two or more mitigating and no aggravating circumstance, it will reduce the penalty by
one degree
3. Par 6 of art. 13: passion or obfuscation
a. The same must be produced by unlawful sentiments
b. May passion or obfuscation be used but
i. Honestly and reasonably believed by the accused to be true
4. Voluntary surrender/ voluntary confession
a. Voluntary surrender
b. Voluntary confession
i. First instance after the charged sheet has been filed with the court
ii. Before arraignment

INFORMATION V. COMPLAINT
1. Complaint: filed by the complainant
2. Information: filed by the prosecutor after the finding of probable cause
3. Sequence
a. Commission/investigation: only a suspect
b. PI/inquest: respondent because a complaint has already been filed: a respondent
c. Once filed with the court after finding of probable cause, then accused

Take note: accused confessed guilt but asked the court to allow him to establish mitigating
liability

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Q: the accused was able to prove justifying circumstance, how then may the court issue a
judgment given those circumstances
- A: the counsel must file a motion for the withdrawal of the plea of guilt, then there will
be a duty of the court to enter the plea of not guilty to a person who refuses to enter one
- (Different from the rule on aggravating/qualifying circumstance, wherein the government
must allege them in the charge sheet/information in order to be proven)

PARAGRAPH 10

Similar analogous circumstances

- By virtue of par 10, the court has been given authority and discretion to appreciate other
circumstances which to its mind is akin to or similar to the mitigating circumstance listed
and described in article 13
- May the court also consider and appreciate other aggravating circumstance not listed or
enumerated in art 14 which may be akin to or similar to?
o No, because there is no similar paragraph in art. 14. except when they are
specially or particularly provided for by Special Penal Laws
- Return of money is akin to voluntary surrender.
o Exception: Dabalos v. People, 20 April 2006, the court held that the return of the
money cannot be considered as mitigating circumstance analogous to voluntary
surrender considering that in this particular case the accused took almost 7
years to do so and the accused has not advanced or offered a plausible reason
why he could not liquidate his cash advances
- All mitigating circumstances occur prior to or simultaneously with the commission of the
felony except only:
o Voluntary surrender and confession of guilt
o But with respect to aggravating circumstance: all occur prior to or simultaneously
with the commission of the offense

PD 1866 AMENDED BY RA 8294 AND 10591

- 10591 will be the law of illegal possession and use of firearms
- If the firearm has been used in rebellion, deemed absorbed
- If used in the commission of homicide, it can be aggravating circumstance and not
separate commission.
o Sec. 25 RA 10591: what do you mean by inherent in the commission of the
crime?
Understandable in homicide, murder
But what if used only as a club?

DWELLING AS AN AGGRAVATING CIRCUMSTANCE

- The crime may take place only or partly in the dwelling or in any integral part thereof,
thus it is still aggravating where the accused was attacked inside the dwelling and ran
outside the dwelling to be killed or even when the victim was attacked by firing a gun
from the outside. (Note the assailant never entered the dwelling but climbed a mango tree
in order to have a better aim)
- Adultery: When an unfaithful spouse had sexual intercourse with another man not her
husband in the conjugal dwelling.
- Generally, not applicable in conjugal dwelling
o Except in art 247
- What if the paramour is a boarder in the conjugal dwelling?
o The aggravating circumstance would be abuse of confidence.

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 - What if the victim killed in the dwelling is not an occupant of the house?

NIGHTTIME, WHEN AGGRAVATING

- Definition: beginning at end of dusk and ending at dawn, from sunset to sunrise
- When appreciable as aggravating
o When it facilitated the commission of the crime; or
o When because of the darkness of the night, the crime can be perpetrated
unmolested, or interference can be avoided, or there would be greater certainty in
attaining the ends of the offender
o When especially sought for by the offender to insure the commission of the crime
or for the purpose of impunity
When he sought it in order to realize the crime with more ease
When he waited for the night before commiting the robbery with
homicide
o Took advantage thereof for the purpose of impunity
- When not appreciable
o The crime started with daylight
o When the place was illuminated by light
Use of flashlights or matchsticks does not negate the aggravating
circumstance of nighttime

RECIDIVISM
- Ordinary aggravating circumstances, affects only the person who committed the previous
crimes. Except in prostitution (?)
o Pardon does not obliterate the fact of conviction unlike in amnesty wherein
which considers the previous transgressions as not punishable
o It must be expressly stated in the pardon

REITERACION
- par 10

AGGRAVATING CIRCUMSTANCES OUTLINE.

I. Advantage taken by the offender of his public position
o Basis: personal circumstances of the offender and also by the means used to
secure the commission of the crime
o Offender must be a public officer and must take advantage of the influence of his
position
o advantage be taken: through influence, prestige, ascendancy
o Failure in official duties is tantamount to abusing of office
o Not aggravating when integral element of or inherent in the offense
Art. 217. Malversation
Art. 171. Falsification of document committed by public officer
Art. 19, par 3. Accessories
Art. 204-235: Crimes committed by public officers
II. In contempt of or with insult to public authorities
o Basis: greater perversity of the offender
o Requisites
i. Public authority is engaged in the exercise of his functions

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 ii. The person engaged in the exercise of said functions is not the offended
party
iii. Offender knows him to be a public authority
iv. His presence has not prevented the offender from committing the
criminal act
o Public authority: A Person in authority is a public officer who is directly vested
with jurisdiction, that is, a public officer who has the power to govern and
execute laws
i. Councilor, mayor, governor
ii. Barangay captain, barangay chairman
o Not applicable
i. When committed in the presence:
1. Agent of a person in authority: any person who, by direct
provision of law or by election or by appointment by competent
authority, is charged with the maintenance of public order and
the protection and security of life and property
a. Barrio councilman, barrio policemen, barangay leader,
any person who comes to the aid of a person in authority
ii. When committed against the person in authority: in that case, direct
assault is committed
o Knowledge that a public authority is present is essential

III. Insult or in disregard of the respect due the offended party on account of his
rank, age, or sex, or that it be committed in the dwelling of the offended party, if
the latter has not given provocation
o Modes (4):
i. With insult or in disregard of the respect due the offended party on
account of his
1. Rank
2. Age
3. Sex
ii. That it be committed in the dwelling of the offended party, if the latter
has not given provocation
o Applicable only to crimes against persons or honor (specific)
o With insult or in disregard: there must be evidence that in the commission of the
crime, the accused deliberately intended to offend or insult the sex or age of the
offended party. There must be intent!
o Rank: refers to a high social position or standing. There must be difference in the
social condition of the offender and the offended party
o Age:
i. When by reason of age, the offended party could be the father of the
offender
ii. In cases where the victim is of tender age as well as of old age
iii. Deliberate intent to offend or insult is required
iv. Not applicable: Crimes against property
o Sex: refers only to the female sex, not the male sex
i. Not applicable:
1. When the offender acted with passion or obfuscation
2. Where there exists a relationship between the offended party and
the offender

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 3. When the condition of being a woman is indispensable in the
commission of the crime
4. Disregard of sex absorbed in treachery
o Dwelling: must be a building or structure, exclusively used for rest and comfort
i. Cannot be: a combination of house and store; market stall
ii. Not applicable when there was provocation by the owner: (must be
proved by the prosecution)
1. Given by the owner of the dwelling
2. Sufficient
3. Immediate to the commission of the crime
iii. May be applicable even if the offender did not enter the dwelling: it is
enough that the victim was attacked inside his own house, although the
assailant may have devised means to perpetrate the assault from without.
iv. Dwelling include: the dependencies, the foot of the staircase and the
enclosure under the house
1. Exception: case when the deceased was only about to step on the
first rung of the ladder.
v. Not applicable
1. When the offended party was called out of the dwelling
2. Both the offender and offended party are occupants of the same
house
3. Robbery with force upon things because it is inherent in the
felony. (but not with robbery with violence against or
intimidation of persons)
4. Trespass to dwelling
5. Owner gave sufficient and immediate provocation
6. Dwelling did not belong to the offended party
vi. When adultery was committed in the dwelling of the husband is also the
dwelling of the unfaithful wife, it is aggravating because of the breach of
the fidelity she owes her husband, she and her paramour violated the
respect due to the conjugal home and they both thereby injured and
committed a very grave offense against the head of the house
1. Exception: when the paramour also lives in the said dwelling
vii. Dwelling is not included in treachery.
IV. Abuse of confidence or obvious ungratefulness
o Abuse of confidence
i. Requisites:
1. Offended party trusted the offender
2. Offender abused such trust by committing a crime against the
offended party
3. Abuse of confidence facilitated the commission of the crime
ii. Inherent in:
1. Art. 217. Malversation
2. Art. 310. Qualified theft
3. Art. 315. Estafa by conversion or misappropriation
4. Art. 337. Qualified seduction
o Obvious ungratefulness must be obviousmanifest and clear
V. Committed in the palace of the chief executive, or in his presence, where public
authorities are in the discharge of their duties or in a place dedicated to religious
worship
o Place dedicated to religious worship; cemeteries are excluded

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 o The offender must have intention to commit a crime when he entered the place
VI. Nighttime, Uninhabited place, by a band, whenever such circumstances
facilitate the commission of the offense
o Basis: the time and place of the commission of the crime and means and ways
employed
o They are aggravating when:
i. It facilitated the commission of the crime or
ii. Was especially sought for by the offender to insure the commission of
the crime or for the purpose of impunity
iii. Offender took advantage thereof for the purpose of impunity
o Nighttime
i. Facilitate the commission of the crime, when because of the darkness of
the night the crime can be perpetrated unmolested, or interference can be
avoided, or there would be greater certainty in attaining the ends of the
offender
ii. Not aggravating when it began at daytime or when the place of the crime
is illuminated by light
o Uninhabited place: One where there are no houses at all, a place at a considerable
distance from town, or where the houses are scattered at a great distance from
each other
i. Solitude must be sought to better attain the criminal purpose
1. To an easy and uninterrupted accomplishment of their criminal
designs
2. To insure concealment of the offense, that he might thereby be
better secured against detection and punishment
o By a band: whenever more than three (at least four) armed malefactors shall
have acted together in the commission of an offense
i. Requisite:
1. Shall have acted together
2. More than three= at least four
3. Armed, stones may be included
ii. Considered in crimes against property and crimes against persons
iii. Not applicable
1. When committed by four armed persons in the crime of rape
2. Brigandage
iv. Absorbs:
1. Abuse of superior strength
2. Use of firearms
VII. On the occasion of conflagration, shipwreck, earthquake, epidemic, or other
calamity or misfortune
o Basis: has reference to the time of the commission of the crime
VIII. With aid of armed men or persons who ensure or afford impunity
o Basis: means and ways of committing the crime
o Requisites
i. Armed men or persons took part in the commission of the crime, directly
or indirectly
ii. Accused availed himself of their aid or relied upon them when the crime
was committed
o Rule: the casual presence of armed men near the place where the crime was
committed does not constitute an aggravating circumstance when it appears that

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 the accused did not avail himself of their aid or rely upon them to commit the
crime
o Directly or indirectly
o Exceptions
i. When the attacking party and the party being attacked were equally
armed
ii. When the accused as well as those who cooperated with him in the
commission of the crime acted under the same plan and for the same
purpose
o with aid of armed men distinguished from by a band
i. Band: at least four armed malefactors acting together
ii. Aid of armed men: present even if one of the offenders merely relied on
their aid for actual aid is not necessary
o Note: Aid of armed men is absorbed by employment of a band
IX. Recidivist: A recidivist is one who, at the time of his trial for one crime, shall have
been previously convicted by final judgment of another crime embraced in the same
title of the RPC
o Requisites
i. Offender on trial for an offense
ii. Was previously convicted by final judgment of another crime
iii. Both the first and second offenses are embraced under the same title of
the Code
iv. Offender is convicted of the offense
o at the time of his trial for one crime it is not required that the time of the
commission for the crime, the accused should have been previously convicted by
final judgment of another crime
o previously convicted by final judgment: judgment in a criminal case becomes
final
i. After the lapse of the period for perfecting an appeal
ii. When the sentence has been partially or totally satisfied or served
iii. The accused has waived in writing his right to appeal
iv. The accused has applied for probation
o There is recidivism even if the lapse of time between two felonies is more than
10 years
o Pardon does not obliterate the fact that the accused was a recidivist; but amnesty
extinguishes the penalty and its effects
X. Reiteracion
o Basis: same as that of recidivism, greater perversity of the offender as shown by
his inclination to crimes
o Requisites
i. On trial for an offense
ii. Previously served sentence for another offense to which the law attaches
an equal or greater penalty or for two or more crimes to which it attaches
a lighter penalty than that for the new offense
iii. He is convicted of the new offense
o punished for an offense to which the law attaches a greater penalty: The
penalty for the first offense must be at least equal to that for the second offense
o It is the penalty that attaches to the offense, not the penalty actually imposed
o Reitaracion or habituality is not always aggravating
i. If the penalty for the crime for murder would be death and the offenses
for which the offender has been previously convicted are against

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 property and not directly against persons, the court should exercise its
discretion in favor of the accused by not taking this aggravating
circumstance into account
o Recidivism and Reiteracion distinguished
i. Reiteracion: necessary that the offender shall have served out his
sentence; recidivism- final judgment for the first offense is enough
ii. Reiteracion- the previous and subsequent offenses must not be embraced
in the same title of the Code; Recidivism- offenses must be in the same
title of the Code
iii. Reiteracion-not always an aggravating circumstance; recidivism-always
to be taken into consideration in fixing the penalty to be imposes upon
the accused

XI. In consideration of a price, reward or promise

o Basis: based on the greater perversity of the offenders as shown by the
motivating power itself
o Presupposes the concurrence of two or more principals
o Affects not only those who received the price or the reward but also the person
who gave it
o The price, reward or promise must be for the purpose of inducing another to
perform the deed
i. Inducement must be the primary consideration of the commission of the
crime

XII. Committed by means of inundation, fire, poison, explosion, stranding of a vessel

or intentional damage thereto, derailment of a locomotive, or by the use of any
other artifice involving great waste or ruin
o Basis: reference to the means and ways employed
o Cannot qualify the crime of parricide: when an aggravating circumstance already
qualifies the crime, any of the other aggravating circumstances shall be
considered as generic aggravating circumstances only
o When there is no actual design to kill, it is plain arson
o When there is intent to kill by means of fire, the crime is murder qualified by the
circumstance that the crime was committed by means of fire
o By means of fire
i. If a house was set on fire after killing of the victim, there would be two
separate crimes of arson and murder or homicide
o By means of explosion
i. If there is no intent to kill: the crime will be destruction but penalty will
be death
ii. If there is intent to kill: murder
o Derailment of locomotive
i. Can be a separate crime when only property is damaged, Article 330:
damage to means of communication
ii. When a person dies, but there is no intent to kill: complex crime of
damage to means of communication with homicide
iii. When there is intent to kill on the part of the offender, it is murder.
o As distinguished from par. 7
i. Par 7- crime is committed on the occasion of a calamity or misfortune,
under par 12- it is committed by means of any such acts involving great
waste or ruin

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 XIII. Evident premeditation
o Basis: reference to the ways of committing the crime
o May be considered as to principal by induction
o Essence: the execution of the criminal act must be preceded by cool thought and
reflection upon the resolution to carry out the criminal intent during the space of
time sufficient to arrive at a calm judgment
o Must be evident: there must be evidence showing hat the accused meditated and
reflected on his intention between the time when the crime was conceived by him
and the time it was actually perpetrated. The premeditation must be evident and
not merely suspected
o Requisites:
i. The time when the offender determined to commit the crime
1. The date, and if possible time when the offender determined to
commit the crime is essential because the lapse of time is
computed from that date and time
ii. An act manifestly indicating that the culprit has clung to his
determination
1. Must be based upon external acts and not presumed from the
mere lapse of time
iii. A sufficient lapse of time between the determination and execution to
allow him tor reflect upon the consequences of his act and to allow his
conscience to overcome the resolution of his will.
1. Not prompted by the impulse of the moment
o Conspiracy generally presupposes meditation
i. Except! When conspiracy is only implied
o Evident premeditation and price or reward can co-exist
i. Exception: premeditation is absorbed by reward or promise, as to the
inductor, the mere fact that another executed the act on the promise of
reward does not necessarily mean that he had sufficient time to reflect on
the consequences of his act
o When victim is different from that intended, premeditation is not aggravating
i. Take note: But if the offenders may have determined to kill not only the
intended victim but also any one who may help him put a violent
resistance
ii. It is not necessary that there is a plan to kill a particular person
o Evident premeditation while inherent in robbery, may be aggravating in robbery
with homicide if the premeditation included the killing of the victim
i. Except when the killing of a person during the commission of robbery
was only an incident, because their original plan was only to rob.
XIV. Craft, fraud or disguise
o Basis: reference to the means employed in the commission of the crime
o Craft: involves intellectual trickery and cunning on the part of the accused
i. It is chicanery resorted to by the accused to aid in the execution of his
criminal design. It is employed as a scheme in the execution of the crime
ii. Not aggravating when: where the crime partakes of an element of the
offense or where the unlawful scheme could have been carried out just
the same without pretense
o Fraud: insidious words or machinations used to induce the victim to act in a
manner which would enable the offender to carry out his design
i. There is direct inducement by insidious words and machinations

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 ii. If the act of the accused is in order not to arouse the suspicion of the
victim, it constitutes craft.
o Disguise: resorting to any device to conceal identity
i. The purpose of the offender in using any device must be to conceal his
identity
ii. If in spite of the use of handkerchief to cover their faces, the faces of the
culprits were recognized by the victim, disguise was not considered
aggravating.
iii. Use of an assumed name in the publication of a libel constitutes disguise

XV. Advantage be taken of superior strength, or means be employed to weaken the

defense
o advantage be taken of superior strength: to use purposely excessive force out
of proportion to the means of defense available to the person attacked
i. No advantage taken:
1. When the attack was made on the victim alternatively
2. Inherent in the crime of parricide, where the victim is a woman
3. Where the accused did not cooperate in such a way as to secure
advantage from their combined strength
4. When one acted a principal and the other two as accomplices
ii. When there is an allegation of treachery, superior strength is absorbed
iii. By a band: three armed malefactors regardless of their comparative
strength; whereas abuse of superiority is taking advantage by the culprits
of their collective strength to overpower their relatively weaker victim or
victims
o means employed to weaken defense
i. Intoxication
1. To weaken defense: one which materially weakens the resisting
power of the offended party-yes
2. If it makes it impossible for the victim to put up any sort of
resistance at the time he was attacked, treachery may be
considered
ii. Applicable only to crimes against person and sometime against property
such as robbery with physical injuries or homicide
iii. Means to weaken defense absorbed in treachery

XVI. Treachery or alevosia

o Meaning: There is treachery when the offender commits any of the crimes
against the person, employing means, methods or forms in the execution thereof
which tend directly and specially to insure its execution, without risk to himself
arising from the defense which the offended party might make.
o Treachery means that the offended party was not given the opportunity to make a
defense
o Rules:
i. Applicable only to crimes against he person
ii. Means, methods or forms need not insure accomplishment of crime
iii. Mode of attack must be consciously adopted
1. Accused must make some preparation to kill the deceased insuch
a manner as to insure the execution of the crime or to make it
impossible or hard for the person attacked to defend himself or
retaliate

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 2. The mode of attack must be thought of by the offender and must
nor spring from the unexpected turn of events
3. If the decision to kill was sudden, there is no treachery even if
the position of the victim was vulnerable, because it was not
deliberately sought by the accused but was purely accidental
4. Mode of attack consciously adopted
o Applicable only to crimes against persons
o Teachery cannot be presumed: suddenness of attack does not, of itself, suffice to
support a finding of alevosia, even if the purpose was to kill, so long as the
decision was made all of a sudden and the victims helpless position was
accidental
i. A wound in the back might have been the last one inflicted or might have
been inflicted by accident in the course of a fight
ii. Exceptions:
1. When the victim was tied elbow to elbow, his body with many
wounds and his head cut off
2. Killing of a child
o No treachery
i. Attack was done impulsively: where the accused could not have made
preparation for the attack
ii. Where the accused gave the deceased a chance to prepare
iii. Attack preceded by a warning. (Note: calling attention of victim not
necessarily a warning)
iv. Shooting is preceded by a heated discussion
v. Where it does not appear that the assailant purposely chose to employ
such means of attack so that there would be no risk to himself from any
defense which the offended party might make
vi. If the wounding of the victim while lying on the ground was merely
incidental to the ensuing pursuit, not intended to ensure the safety of the
attackers themselves, there is no treachery
o Requisites of treachery
i. That at the time of the attack, the victim was not in a position to defend
himself and;
ii. That the offender consciously adopted the particular means, method or
form of attack employed by him
o It does not connote the element of surprise alone
o Intent to kill is not necessary in murder with treachery: striking another with the
fist from behind, the blow landing on the back part of his head causing the latter
to fall backwards, his head striking the asphalt pavement which caused death
o Must treachery be present in the beginning of the assault?
i. Caete: assault was not characterized by alevosia in its inception and the
aggression was continuous until the consummation of the deed. There
was no conscious adoption of the method of attack since the assault
began face to face and it was only when the deceased turned around and
ran away that their relative positions changed
ii. Baluyot: when the assault was not continuous, in that there was an
interruption, it is sufficient that treachery was present at the moment the
fatal blow was given
o In treachery, it makes no difference whether or not the victim was the same
person whom the accused intended to kill

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 o
When treachery is not to be considered as to the principal by induction:
when it is not shown that the principal directed or induced the killer of the
deceased to adopted the means or methods actually used by the latter in
accomplishing the murder, because the former left to the latter the details as to
how it was to be accomplished
i. However, if there was conspiracy, this rule is inapplicable. When there is
conspiracy, treachery is considered against all the offenders
o Treachery v. Abuse of superior strength v. Means employed to weaken defense
i. In treachery, methods or forms of attack are employed by the offender to
make it impossible or hard for the offended party to defend himself
ii. Abuse of superior strength: only takes advantage of his superior strength
iii. Means employed to weaken defense: only materially weakens the
resisting power of the offended party
o Where treachery is inherent
i. Treachery, evident premeditation and use of superior strength are
absorbed in treason by killings
ii. Murder by poisoning
o Treachery absorbs
i. Abuse of superior strength
ii. Aids of armed men
iii. By a band
iv. Means used to weaken defense
v. Nighttime
1. Exception: when treachery and nighttime rest on independent
factual basis (i.e. when the victim was tied at the time were
beaten)
vi. Craft
1. Exception: when craft was employed in robbery with homicide
to facilitate the taking of the jeep
vii. Age and sex
o Dwelling is not included in treachery
o Cannot co-exist with passion or obfuscation
i. Since passion or obfuscation presupposes the loss of reason whereas
treachery requires that the mode of attack must be consciously adopted
XVII. Ignominy
o Basis: means employed
o Defined: a circumstance pertaining to the moral order, which adds disgrace and
obloquy to the material injury caused by the crime
o Applicable to crimes against chastity, less serious physical injuries, light or grave
coercion and murder
o Must tend to make the effect of the crime more humiliating or to put the offended
party to shame

XVIII. Unlawful entry

o Basis: means and ways employed to commit a crime
o Unlawful entry: entrance effected by a way not intended for the purpose
o To effect entrance, not to escape
i. Entering a window
o Dwelling and unlawful entry can be taken separately in murders committed in a
dwelling
o Not aggravating in crimes

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 i. Trespass to dwelling
ii. Robbery with force upon things

XIX. As a means to the commission of a crime, a wall, floor, door, or window be

broken
o Basis: means and ways employed to commit the crime
o Not necessary that the offender entered the building
o To effect entrance only, not to get out
o Inherent in robbery with force upon things

XX. Committed with aid of persons under 15 or by means of motor vehicle, airships,
or other similar means
o By means of motor vehicles
i. Must be the means to commit the crime and facilitate escape
1. If the motor vehicle was used only in facilitating the escape, it
should not be an aggravating circumstance
o Aid of persons under 15

XXI. Cruelty
o Basis: means and ways
o Cruelty: there is cruelty when the culprit enjoy and delights in making his victim
suffer slowly and gradually, causing him unnecessary physical pain in the
consummation of the criminal act
o For cruelty to be aggravating, it is essential that the wrong done was intended to
prolong the suffering of the victim, causing him unnecessary moral and physical
pain
o Requisites:
i. Injury caused deliberately increased by causing other wrongs
ii. That the other wrong be unnecessary for the execution of the purpose of
the offender
o Plurality of wounds alone does not show cruelty
i. There must be positive proof that the wounds found on the body of the
victim where inflicted while he was still alive in order unnecessarily to
prolong physical suffering
o As opposed to ignominy, cruelty refers to physical suffering

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Prepare a matrix on recidivisim reiteracion and habitual delinquency and quasi-recidivism

Recidivism Reiteracion or Habitual delinquent Quasi-recidivism

habituality
Requisites 1. on trial for an 1. on trial for an 1. within a period of 1. After final judgment
offense offense 10 years from his but before beginning to
2. previously 2. Previously served release or last serve sentence or while
convicted by final sentence for conviction serving the same
judgment of another offense to 2. commits crimes of 2. Commits a felony
another crime which the law a. Serious PI
3. Both the 1st and attaches an equal b. Robbery
2nd crime are or greater penalty c. Theft
embraced in the or for 2 or more d. Estafa
same title crimes to which it e. Falsificaition
4. Offender is attaches a lighter
convicted penalty 3. Found guilty for the
3. Convicted of the third crime
new offense
Conviction for a third Maximum period for
time, recidivism only the penalty prescribed
requires a second by the law for the new
conviction felony

HD- crimes specified;

R-2 crimes embraced in
the same title of the
code

HD- the accused must

be found guilty of the
specified crime within
10 years;

HD- the succeeding

offense must have been
committed after the
offenders conviction
for the preceding
offense; R- succeeding
offense was after the
(see Reyes 1968)

R as an aggravating
circumstance is only
used to determine the
period to be imposed
with some exceptions
Effects Aggravating Aggravating An additional penalty is Shall be punished with
circumstance circumstance imposed the maximum period of
the penalty prescribed
by the law for the new
felony

Robbery w/ homicide + homicide

- Quasi-recidivist

No evident premeditation in a case where although the accused has planned the killing, the victim
was different from the originally intended victim

PAR 14: CRAFT, FRAUD, DISGUISE

X hired A and B professional assassins to kill C. A and B used masks and waited for the victim to
pass by. They fired upon the victim and killed him at the time A and B were using a very dark
tinted helmet. Will you consider use of mask as an aggravating circumstance?

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- It will not be applied because they are merely complying with the motor vehicle law since they
are required to wear a helmet!

The test of disguise is whether the device resorted to by the offender was intended to or did make
identification more difficult such as the use of a mask
- If the accused used a handkerchief but still was recognizednot aggravating
- If the accused used a mask which fell down and was thus recognized aggravating

TREACHERY/ALEVOSIA
- If the attack was at the back, would it automatically be treachery?
- Rules
o Applicable only to crimes against the person
o Means, methods or forms need not insure accomplishment of crime
o Mode of attack must be consciously adopted
- Treachery cannot be presumed, must be proven fully as the crime itself, but the killing of
a child of tender years involve treachery even if the manner of the attack adopted is not
shown or not testified to provided that the killing was intentional
- In relation to the other aggravating circumstances in robbery. It absorbs the use of
superior strength.
- Inherent in the use of murder by poisoning
- If no knowledge of the mastermindnot treachery against him

See People v. Butler

CRUELTY: The wrong done be deliberately committed

ALTERNATIVE CIRCUMSTANCES

Relationship
- Covers:
o Spouse
o Ascendant
o Descendant
o Legitimate, natural or adopted brother or sister
o Relative by affinity in the same degrees of the offender
o NOTE: uncle niece not included
- Mitigating: Crimes against property
Robbery
Usurpation
Fraudulent insolvency
Trespass to dwelling
- Aggravating:
o Crimes against persons
When the offended party is of a higher degree
Both offended party and offender is of the same degree
For serious physical injuries: even if the offended party is a descendant
of the offender, it is aggravating
Less-serious or slight physical injuries
Mitigating: if the offended party is of a lower degree
Aggravating: if the offended party is of a higher degree

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 o Crimes against chastity: always aggravating
- Exempting (only civil liability)
o Theft
o Swindling
o Malicious mischief
o Applicable also to brothers and sisters and brothers-in-law and sisters-in-law, if
living together
- Not applicable when relationship is an element of the offense

Title II
Applies only to natural persons
But there are special penal laws that makes juridical persons liable

Art. 16 see codal

- Accessories are not liable for light offenses because the social wrong is so small.
- This classification of offenders are not applicable when there is conspiracy among the
accused because of the doctrinal view that the act of each conspirator is the act of all.
- Will apply only if the offenders are to be judged by their individual and not their
collective liability

3 WAYS OF BECOMING A PRINCIPAL

1. By direct participation
2. By inducement: it could be directly forcing another to commit a crime or by directly
inducing another to commit a crime but take note that if the force is one that is
irresistible, or one causing uncontrollable fear, the material executor is not criminally
liable. (Provided for in art. 12 par 5 and 6)
3. By indispensable cooperation

BY INDUCEMENT
- Modes:
o By directly forcing another to commit a crime
o By directly inducing another to commit a crime
o *If the force used is irresistible force or uncontrollable fear, exempting.
- PI v. Proposal to commit a felony
o In both there is an inducement to commit a crime
o Principal liable only when the crime is committed by a principal by direct
participation
i. Mere proposal to commit a felony is not criminally punishable unless:
treason and rebellion since it is particularly punished under the code
d. Principal by inducement: any crime
i. Mere proposal when punishable: treason and rebellion

People v. Largo et al:

- An accomplice who did not know the actual specific crime to be intended, will he still be
liable for such crime?
- Court: yes, provided that he was aware that the objective of the act he was directed to do
was illicit
o E.g. different part of a contraption was delivered piece by piece on board a
commercial plane

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ACCESSORIES
- Three kinds
o Profits himself or assists the offender to profit
o Conceals or destroys the body of the crime TO PREVENT ITS DISCOVERY
Such act may now also be punishable. It is a punishable act under PD
1829, obstruction in the apprehension, investigation, prosecution of
offenders
Consequently, the offender will be liable as an accessory under
the RPC and liable as a principal for violation against PD 1829.
- Possible question: Can there be a conviction of accomplices or accessories without the
conviction of the principal?
o While there are conflicting decisions on this subject, the accepted doctrine that
yes there can be such. In the case of Dino v. People October 19, 1989 the court
ruled that even when the principal was unknown or at large or being tried
separately the case against the accessory may proceed as long as the commission
of the offense is established since the corresponding responsibilities are distinct
from each other, this is a reiteration of the earlier decision of the court of the case
of People v. Galleon (?)
e. US v. Mendoza: If the principal has been acquitted or a pronouncement rendered
by the court that court has been committed by the principal, it follows that legal
basis exists to prosecute an accessory

PENALTIES

ARTICLE 21
- nulla crimen nulla poena sine lege
- Prospective application
- The imposable penalty must be provided by law prior to the commission of the offense or
the law at that time

ARTICLE 22
- Retroactive effect of penal laws: an exception against the prospectivity of the law
- Penal laws have retroactive effect if it is in favor of the person guilty of the felony unless:
o Habitual criminal delinquent
o New law prohibits retroactive application of the law

Pardon by the offended party: extinguishes the offenders criminal liability, look at art 89:
provides the total extinction of criminal liability
- Pardon referred is pardon which is extended by the chief executive
- Par. 7 of 89 is the marriage of the offended party with the offender
- Art. 266-C, the code did not use the term pardon, instead what the court adopted is the
term forgiveness by the lawful spouse

DURATION OF PENALTIES:
- Note that RA 7656 has now provided for a specific duration for reclusion perpetua: 20
years and 1 day to 40 years
o Does that mean that RP is now divisible penalty? NO. Still indivisible.

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DISTINGUISH RECLUSION PERPETUA V. LIFE IMPRISONMENT

DESTIERRO
- When is destierro the proper penalty be imposed?
o Art 247 par 1 when there is death of serious physical injuries inflicted by the
offended spouse against the unfaithful spouse and the paramour
o Failure of the offender give a bond for good behavior under article 284
o Proper penalty for the concubine in Article 334
o Proper penalty where after deducting the penalty 1 or 2 degrees will result to the
penalty of destierro
- Duration of destierro: 6 months to 6 years
- May destierro be a valid subject of evasion of service of sentence?
o (Opinion only) No, it refers to sentence within the penitentiary, where there is an
absolute deprivation of liberty
o People v. Avilon(?) Can be a valid subject of evasion of service of sentence

PARDON:
- May the president pardon the former chief justice who ahs been convicted by the
impeachment for betrayal of public trust?
o No, already been resolved. Pardon does not extend to cases of impeachment
(Cristobal v. _______)
- Pardon shall not restore the right to hold public office or the right to suffrage except when
expressly restored by the terms of the pardon
- Absolute pardon: extinguish criminal liability
a. Civil liability: it shall not exempt the offender from the payment of civil liability
or indemnity and there is no exception to this rule

ARTICLE 45
Confiscation and forfeiture of the proceeds or instruments of the crime
1. What is the rule with respect to the
a. Every penalty imposed for the imposition of the penalty shall impose the
forfeiture the proceeds and confiscation of the tools instruments in favor of the
government, unless they be the property of a third person not liable for the
offense
2. What will happen to the proceeds of the crime if the end eventually the offender is
acquitted?
a. If the proceeds are considered contrabandcourt may order forfeiture even if
judgment is acquittal
i. The court shall provide the proper disposition of the same
ii. Destroying of confiscated elephant tusks: proper

ARTICLE 47 DEATH PENALTY

1. With the prohibition of the imposition of the death penalty RA 9346
a. Imposition of the penalty of reclusion perpetua instead of death
2. RA 7659 which restored death penalty for certain crimes has been repealed
3. Art. 40, 47. 81 82 83 84 have been accordingly repealed?

ARTICLE 48 COMPLEX CRIMES

- 2 forms

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 a. Delito compuesto/compound crime
i. Single act results to 2 or more grave or less grave felonies, if there be a
light felony resulting from that single act, you may not apply art 48 the
state has necessarily has to file a separate charge sheet
b. Complex crime proper
i. A necessary means of committing another, the penalty for the more
serious crime shall be imposed and in the maximum period
ii. What is the proleyo(?) doctrine obtaining in article 48?
1. The justification of the penalty of the complex crimes is the
prolejo(?) principle in Spanish law: which provides that one who
commits two or more formal crimes with one act on a single
criminal intent shows lesser degree of perversity than when the
crimes are committed by little acts and several criminal
resolutions
- Note that complex crimes under art 48 and special complex crimes and continuing crime
have common features:
o Only a single penalty imposed on the offender
- If the city treasurer received 10,000 from the taxpayer would place it in the duplicate
original of the receipt would put 1000 only and thereafter misappropriate the difference
of 9000 pesos
o City treasurer: Malversation through falsification of public document. Here, the
falsification committed is a necessary means to commit malversation
- Take note that the rules in art 48 are not applicable when:
o The crimes subject of the case are covered by the doctrine of common elements
i. If one of the elements is common to the two elements, if already used
in one felony may render the other incomplete and consequently, non-
existent
ii. The prohibition against application of the complex crime rule where
the 2 felonies have a common element will apply to the 2nd form of
complex crimeCC proper
a. No complex crime of estafa through the falsification of public
document, since both crimes require damage if use for one
renders the other incomplete
iii. The rules in art 48 will not apply when the crimes subject in the case
are covered under the doctrine or rule of absorption
1. When the former is an element of the latter, then only one crime
is committed
2. Murder by rebellion
3. Illegal detention by abduction
iv. Will not apply in a special complex crime punished by the RPC
a. Violation of article 267: kidnapping and serious illegal
detention
b. 294: Robbery with violence or intimidation against persons
c. Destructive arson where death results
d. When there is only attempted or frustrated robbery and
homicide is committed art 297
v. Will not be applied when the crimes involved cannot be legally
complexed because the provisions provides that the penalty for such is
in addition to those imposed by the other felonies committed by the
accused in relation to the other crime?
a. Art 210. Direct bribery

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 b. Art. 235 Maltreatmetnof prisoners
c. Art. 275. Abandonment of person in danger or dying
i. See first paragraph: unless such omission shall
constitute a more serious offense
d. Art. 276 and 278. Crimes against minors
e. Art. 129. Search warrant maliciously obtained
i. Perjurious statement in application of the search
warrant: liable for perjury + art 129
c. When robbery and homicide are incurred in the same place
i. If robbery + H incur in the same place
ii. If homicide only attempted/frustrated, fall under Art. 48 as a complex
crime
iii. Is homicide consummated Art. 294 OR Art. 297 attempted and
frustrated robbery committed under certain circumstances treated as a
Special Complex Crime (SCC)
iv. If homicide is consummated, and robbery is consummated it is a SCC
treated under Art. 294
v. If homicide is consummated and robbery is attempted or frustrated, it is a
SCC Art. 297
vi. Note that in all instances it is required that the homicide was by reason of
or on occasion of robbery!

ARTICLE 49:
1. Penalty imposed upon criminals when the crime committed is different from that actually
committed
2. Applicable only when there is mistake in identity

ARTICLE 59
- Penalty impossible crime
- Arresto mayor + 200- 500 pesos

OTHER NOTES:
- The amendment introduced by Republic Act No. 7659 when advantage was taken by the
offender of his public position in committing a crime and second, if the offender belongs
to an organized or syndicated crime group, the max penalty shall be imposed regardless
of the mitigating circumstances present. It is considered as a special aggravating
circumstance or circumstances
o What if privileged mitigating present: like minority, the same rule will not apply
privileged mitigating circumstance are not contemplated by the amendment
o If ordinary mitigating: by express provision, then the special aggravating shall
prevail
- Habitual delinquency if present will warrant the imposition of additional penalty and such
imposition of additional penalty is mandatory on the part of the court
- Be able to distinguish habitual delinquency and recidivism

INDETERMINATE SENTENCE LAW DOES NOT APPLY TO THE FOLLOWING:

1. Offenses punishable by death penalty or life imprisonment, and reclusion perpetua
(People v. Romua)
2. Convicted of treason, conspiracy, or proposal to commit treason
3. Convicted of rebellion, sedition
4. Convicted of Piracy

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 5. Habitual delinquents
6. Those who escaped from confinement or evaded sentence
7. Those who escaped were granted conditional pardon and violated the terms thereof
8. Those whose maximum period of imprisonment does not exceed one year
9. Those who are already serving final judgment upon the approval of the ISL

THOSE DISQUALIFIED UNDER THE PROBATION LAW

1. Those sentence to a maximum term of imprisonment of more than six years;
2. Those convicted of subversion or any crime against the national security or public order:
a. Treason (against national security)
b. Conspiracy and proposal to commit treason
c. Misprision of treason
d. Espionage
e. Inciting to war and giving motives for reprisal
f. Violation of neutrality
g. Correspondence with hostile country
h. Flight to enemy country
i. Piracy and mutiny (against public order)
j. Rebellion, insurrection, coup, sedition
k. Illegal assemblies and associations
l. Direct/Indirect assault, resistance, disobedience
m. Public disorders- tumults, alarms and scandals
n. Delivery of prisoners from jail
o. Evasion of service of sentence
p. Quasi-recidivisim
3. Previously convicted by final judgment of an offense punished by imprisonment of not
less than 1 month and one day (one day or more);
4. Those who have been once on probation under the provisions of the decree;
5. Those already serving sentence at the time the substantive provisions of the Decree
became applicable.

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