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MEMORY AID
IN
CRIMINAL LAW
BOOK ONE
CRIMINAL LAW - that branch or division of law which defines crimes, treats of their nature and provides for their punishment. CHARACTERISTICS OF CRIMINAL LAW 1. GENERAL - it is binding on all persons who live or sojourn in the Philippine territory (Art. 14, NCC) EXCEPTIONS: a) Treaty stipulations b) Laws of preferential application c) Principles of Public International Law. The following persons are exempted: a. Sovereigns and other chief of state b. Ambassadors,ministers, plenipotentiary, minister resident and charges daffaires. law of nations defined in Title One of Book Two. EXCEPTION TO THE EXCEPTION: Penal laws not applicable within or without Philippine territory if so provided in treaties and laws of preferential application. (Art.2, RPC) 3. PROSPECTIVE GENERAL RULE: Penal laws cannot make an act punishable in a manner in which it was not punishable when committed. EXCEPTION: (it may be applied retroactively) When the new law is favorable to the accused. EXCEPTION TO THE EXCEPTION a) The new law is expressly made inapplicable to pending actions or existing causes of actions. b) Offender is a habitual criminal. LIMITATIONS ON THE POWER OF CONGRESS TO ENACT PENAL LAWS: 1. No ex post facto law shall be enacted 2. No bill of attainder shall be enacted 3. No law that violates equal protection clause of the constitution shall be enacted 4. No law which imposes cruel and unusual punishments nor excessive fines shall be enacted. THEORIES IN CRIMINAL LAW 1. Classical Theory basis of criminal liability is human free will. Under this theory, the purpose of penalty is retribution. The RPC is generally governed by this theory. 2. Positivist Theory basis of criminal liability is the sum of the social and economic phenomena to which the actor is exposed wherein prevention and correction is the purpose of penalty. This theory is exemplified in the provisions regarding impossible crimes and habitual delinquency.
Consuls,
vice-consuls and other commercial representatives of foreign nation cannot claim the privileges and immunities accorded to ambassadors and ministers.
ELEMENTS OF FELONIES (GENERAL) 1. there must be an act or omission ie, there must be external acts. 2. the act or omission must be punishable by the RPC. 3. the act is performed or the omission incurred by means of dolo or culpa. NULLUM CRIMEN, NULLA POENA SINE LEGE - there is no crime where there is no law punishing it. CLASSIFICATION OF FELONIES ACCORDING TO THE MEANS BY WHICH THEY ARE COMMITTED:
2. Culpable
Felonies - performed without malice. Requisites of CULPA: a. Freedom b. Intelligence c. Negligence and Imprudence
SUBJECT
AND
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
CRIMINAL LAW
extent.
2. As to use of good faith as a defense 3. As to degree of accomplishment of the crime 4. As to mitigati ng and aggravat ing circumstances 5. As to degree of participation
Good faith or lack of criminal intent is a valid defense; unless the crime is the result of culpa. The degree of accomplishment of the crime is taken into account in punishing the offender. Mitigating and aggravating circumstances are taken into account in imposing the penalty. When there is more than one offender, the degree of participation of each in the commission of the crime is taken into account.
PAR. 1 - Criminal Liability for a felony different from that intended to be committed REQUISITES: a) That an intentional felony has been committed. b) That the wrong done to the aggrieved party be the direct, natural and logical consequence of the felony committed. PROXIMATE CAUSE that cause, which, in the natural and continuous sequence, unbroken by any efficient intervening cause, produces the injury without which the result would not have occurred. Thus, the person is still criminally liable in: 1. Error in personae- mistake in the identity of the victim. 2. Abberatio ictus mistake in the blow.
Mitigating and aggravating circumstances are generally not taken into account. Degree of participation is generally not taken into account. All who participated in the act are punished to the same
3. Praeter intentionem lack of intent to commit so grave a wrong. PAR. 2 (IMPOSSIBLE CRIME) REQUISITES: a) That the act performed would be an offense against persons or property. b) That the act was done with evil intent. c) That its accomplishment is inherently impossible, or that the means employed is either inadequate or ineffectual. d) That the act performed should not constitute a violation of another provision of the RPC. ART. 6 CONSUMMATED, FRUSTRATED & ATTEMPTED FELONIES
DESISTANCE - is an absolutory cause which negates criminal liability because the law encourages a person to desist from committing a crime. - this is applicable only in the attempted stage. OVERT ACTS Some physical activity or deed, indicating intention to commit a particular crime, more than a mere planning or preparation, which if carried to its complete termination following its natural course, without being frustrated by external obstacles, nor by voluntary desistance of the perpetrator will logically ripen into a concrete offense. INDETERMINATE OFFENSE: One where the purpose of the offender in performing an act is not certain. The accused maybe convicted for a felony defined by the acts performed by him up to the time of desistance. 2 STAGES IN THE DEVELOPMENT OF A CRIME: 1) Internal acts Such as mere ideas in the mind of person. Not punishable. 2) External acts cover: a) Preparatory acts - ordinarily not punished except when considered by law as independent crimes (e.g. Art. 304, Possession of picklocks and similar tools) b) Acts of Execution - punishable under the RPC ART. 7 LIGHT FELONIES Light Felonies are punishable only when they have been consummated EXCEPT: If committed against persons or property, punishable even if not consummated.
STAGES OF EXECUTION: CONSUMMATED FELONY When all the elements necessary for its execution and accomplishment are present. 1. FRUSTRATED FELONY ELEMENTS: a) The offender performs all the acts of execution. b) All the acts performed would produce the felony as a consequence. c) But the felony is not produced. d) By the reason of causes independent of the will of the perpetrator. WHAT CRIMES DO NOT ADMIT OF FRUSTRATED STAGE? 1) Rape 2) Bribery 3) Corruption of Public Officers 4) Adultery 5) Physical Injury 2. ATTEMPTED FELONY ELEMENTS: a) The offender commences the commission of the felony directly by overt acts. b) He does not perform all the acts of execution which should produce the felony.
CHAIRPERSONS
AND
SUBJECT
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
CRIMINAL LAW
Conspiracy may be inferred when two or more persons proceed to perform overt acts towards the accomplishment of the same felonious objective, with each doing his act, so that their acts though seemingly independent were in fact connected, showing a common design.
These overt acts must consist of: - active participation in the actual commission of the crime itself, or - moral assistance to his coconspirators by being present at the time of the commission of the crime, or - exerting a moral ascendance over the other co-conspirators by moving them to execute or implement the criminal plan (PEOPLE vs. ABUT, et al., GR No. 137601, April 24, 2003) REQUISITES OF PROPOSAL: 1. That a person has decided to commit a felony; and 2. That he proposes its execution to some other person or persons. ART. 9 CLASSIFICATION OF FELONIES ACCORDING TO GRAVITY Importance of Classification 1. To determine whether these felonies can be complexed or not. 2. To determine the prescription of the crime and the prescription of the penalty. Grave felonies are those to which the law attaches the capital punishment or penalties which in any of their periods are afflictive, in accordance with Art. 25 of the Code. Less grave felonies are those which the law punishes with penalties which in their maximum period are correctional, in accordance with Art. 25 of the Code. Light felonies are those infractions of law for the commission of which the
penalty of arresto menor or a fine not exceeding 200 pesos, or both, is provided.
ART. 10 OFFENSES NOT SUBJECT TO THE PROVISIONS OF THE RPC GENERAL RULE: RPC provisions are supplementary to special laws. EXCEPTION: 1. Where the special law provides otherwise; and 2. When the provisions of the RPC are impossible of application, either by express provision or by necessary implication. Thus, when the special law adopts the penalties imposed in the RPC, such as reclusin perpetua or reclusin temporal, the provisions of the RPC on imposition of penalties based on stage of execution, degree of participation, and attendance of mitigating and aggravating circumstances may be applied by necessary implication. Chapter Two: Justifying Circumstances and Circumstances Which Exempt from Criminal Liability (Arts. 11-12) ART. 11. JUSTIFYING CIRCUMSTANCES JUSTIFYING CIRCUMSTANCES 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. There is no civil liability, except in par. 4 of Art. 11, where the civil liability is borne by the persons benefited by the act. 1. SELF- DEFENSE REQUISITES: a) Unlawful aggression (condition sine qua non); b) Reasonable necessity of the means employed to prevent or repel it; and
CHAIRPERSONS
UNLAWFUL AGGRESSION - is equivalent to an actual physical assault or, at least - threatened assault of an immediate and imminent kind which is offensive and positively strong, showing the wrongful intent to cause injury. TEST OF REASONABLENESS the means employed depends upon the nature and quality of the (1) weapon used by the aggressor, and (2) his physical condition, character, size and other circumstances, (3) and those of the person defending himself, (4) and also the place and occasion of the assault.
Perfect
equality between the weapons used by the one defending himself and that of the aggressor is not required, nor material commensurability between the means of attack and defense. REASON: Because the person assaulted does not have sufficient tranquility of mind to think and to calculate.
Rights included in self-defense: Self-defense includes not only the defense of the person or body of the one assaulted but also that of his rights, the enjoyment of which is protected by law. Thus, it includes: 1. The right to honor. Hence, a slap on the face is considered as unlawful aggression directed against the honor of the actor (People vs. Sabio, 19 SCRA 901). 2. The defense of property rights, only if there is also an actual and imminent danger on the person of the one defending ( People vs Narvaez, 121 SCRA 389).
AND
SUBJECT
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
CRIMINAL LAW
2. Reasonable necessity of the means employed to prevent or repel it; and 3. The person defending be not induced by revenge, resentment or other evil motive. 4. AVOIDANCE OF GREATER EVIL OR INJURY REQUISITES: 1. That the evil sought to be avoided actually exists: 2. That the injury feared be greater than that done to avoid it; and 3. There be no other practical and less harmful means of preventing it. No civil liability except when there is another person benefited in which case the latter is the one liable. Greater evil must not be brought about by the negligence or imprudence or violation of law by the actor.
5. FULFILLMENT OF DUTY; OR LAWFUL EXERCISE OF RIGHT OR OFFICE. REQUISITES: 1. That the accused acted in the performance of a duty or in the lawful exercise of a right or office; 2. That the injury caused or the offense committed be the necessary consequence of the due performance of duty or the lawful exercise of such right or office. 6. OBEDIENCE TO AN ORDER ISSUED FOR SOME LAWFUL PURPOSE. REQUISITES: 1. That an order has been issued by a superior. 2. That such order must be for some lawful purpose 3. That the means used by the subordinate to carry out said order is lawful. Subordinate is not liable for carrying out an illegal order if he is not aware
and
he
is
not
exempt in all cases from criminal liability. TWO TESTS OF INSANITY: 1. Test of COGNITION complete deprivation of intelligence in committing the crime. 2. Test of VOLITION total deprivation of freedom of will. The defense must prove that the accused was insane at the time of the commission of the crime because the presumption is always in favor of sanity.
ART. 12. EXEMPTING CIRCUMSTANCES Exempting Circumstances (or the circumstances for non-imputability) are those grounds for exemption from punishment, because there is wanting in the agent of the crime any of the conditions which makes the act voluntary, or negligent. BASIS: The exemption from punishment is based on the complete absence of intelligence, freedom of action, or intent, or on the absence of negligence on the part of the accused. JUSTIFYING CIRCUMSTANCE
1. It affects the act not the actor. 2. The act is considered to have been done within the bounds of law; hence, legitimate and lawful in the eyes of the law. 3. Since the act is considered lawful, there is no crime.
EXEMPTING CIRCUMSTANCE
1. It affects the actor not the act. 2. The act complained of is actually wrongful, but the actor is not liable. 3. Since the act complained of is actually wrong there is a crime but since the actor acted without voluntariness, there is no dolo nor culpa 4. Since there is a crime committed though there is no criminal, there is civil liability.
Insanity exists when there is a complete deprivation of intelligence in committing the act. Mere abnormality of the mental faculties will not exclude imputability. The accused must be "so insane as to be incapable of entertaining criminal intent." He must be deprived of reason and acting without the least discernment because there is a complete absence of the power to discern or a total deprivation of freedom of the will. (PEOPLE vs. ANTONIO, GR No. 144266, November 27, 2002) 2. PERSON UNDER NINE YEARS OF AGE An infant under the age of nine years is absolutely and conclusively presumed to be incapable of committing a crime. The phrase under nine years should be construed nine years or less
4. Since there is no crime, nor a criminal, there is also no criminal or civil liability. (except Art. 11, par. 4)
3. PERSON OVER NINE YEARS OF AGE AND UNDER 15 ACTING WITHOUT DISCERNMENT. Must have discernment. acted without
1. IMBECILITY OR INSANITY Insanity or imbecility exists when there is a complete deprivation of intelligence or freedom of the will. An insane person is not so exempt if it can be shown that he acted during a lucid interval. But an imbecile is
CHAIRPERSONS
DISCERNMENT mental capacity to fully appreciate the consequences of an unlawful act. Discernment maybe shown by:
AND
SUBJECT
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
CRIMINAL LAW
ACTUS ME INVITO FACTUS NON EST MEUS ACTUS An act done by me against my will is not my act.
7. INSUPERABLE CAUSE.
INSUPERABLE CAUSE some motive which has lawfully, morally or physically prevented a person to do what the law commands. ELEMENTS: 1. That an act is required by law to be done. 2. That a person fails to perform such act. 3. That his failure to perform such act was due to some lawful or insuperable cause. Examples:
ELEMENTS: 1. A person is performing a lawful act; 2. With due care; 3. He causes injury to another by mere accident; 4. Without fault or intention of causing it. 5. A PERSON WHO ACTS UNDER THE COMPULSION OF AN IRRESISTABLE FORCE ELEMENTS: 1. That the compulsion is by means of physical force. 2. That the physical force must be irresistable. 3. That the physical force must come from a third person.
the offended party for three days because to take him to the nearest justice of the peace required a journey for three days by boat as there was no other means of transportation. (US vs. Vicentillo, 19 Phil. 118) The distance which required a journey for three days was considered an insuperable cause. Note: Under the law, the person arrested must be delivered to the nearest judicial authority at most within 18 hours (now 36 hours, Art. 125 RPC); otherwise, the public officer will be liable for arbitrary detention.
childbirth was overcome by severe dizziness and extreme debility, and left the child in a thicket were said child died, is not liable for infanticide because it was physically impossible for her to take home the child. (People vs. Bandian, 63 Phil. 530). The severe dizziness and extreme debility of the woman constitute an insuperable cause.
10
ABSOLUTORY CAUSES - are those where the act committed is a crime but for reasons of public policy and sentiment, there is no penalty imposed. Other absolutory causes: 1. Spontaneous desistance (Art. 6) 2. Accessories who are exempt from criminal liability (Art. 20) 3. Death or physical injuries inflicted under exceptional circumstances (Art. 247) 4. Persons exempt from criminal liability for theft, swindling and malicious mischief (Art. 332) 5. Instigation
arising
BASIS : Diminution of either freedom of action intelligence or intent or on the lesser perversity of the offender. CLASSES
Source As to the effect
ORDINARY
Subsections 1-10 of Art. 13 (RPC) If not offset (by an aggravating circumstanc e) it will operate to have the penalty imposed at its minimum period, provided the penalty is a divisible one May be offset by aggravating circumstance
PRIVILEGED
Arts. 68, 69 and 64 of RPC It operates to reduce the penalty by one to two degrees depending upon what the law provides
INSTIGATION
1. Instigator induces the wouldbe accused to commit the crime, hence he becomes a co-principal. 2. it will result in the acquittal of the accused.
As to offset
Cannot offset
be
OR
Chapter Three: Circumstances Which Mitigate Criminal Liability ART.13 MITIGATING CIRCUMSTANCES MITIGATING CIRCUMSTANCES those which if present in the commission of the crime, do not entirely free the actor from criminal liability but serve only to reduce the penalty.
SUBJECT
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
11
CRIMINAL LAW
The threat should not be offensive and positively strong. Otherwise, the threat to inflict real injury is an unlawful aggression, which may give rise to self-defense.
3.
5. VINDICATION OF GRAVE OFFENSE REQUISITES: 1. That there be a grave offense done to the one committing the felony, his spouse, ascendants; descendants, legitimate, natural or adopted brothers or sisters or relatives by affinity within the same degrees; 2. That the felony is committed in immediate vindication of such grave offense. Immediate allows for a lapse of time unlike in sufficient provocation, as long as the offender is still suffering from the mental agony brought about by the offense to him. PROVOCATION
1. It is made directly only to the person committing the felony. 2. The cause that brought about the provocation need not be a grave offense. 3. It is necessary that the provocation or threat immediately preceded the act.
4. 5. 6.
3. NO INTENTION TO COMMIT SO GRAVE A WRONG Rule for the application: Can be taken into account only when the facts proven show that there is a notable and evident disproportion between the means employed to execute the criminal act and its consequences. Intention may be ascertained by considering: a) the weapon used b) the part of the body injured c) the injury inflicted BASIS : intent is diminished
VINDICATION
1. The grave offense may be committed also against the offenders relatives mentioned by law. 2. The offended party must have done a grave offense to the offender or his relatives mentioned by law. 3. The vindication of the grave offense may be proximate, which admits of an INTERVAL of time.
4. PROVOCATION OR THREAT PROVOCATION any unjust or improper conduct or act of the offended party, capable of exciting, inciting or irritating any one. REQUISITES: 1. The provocation must be sufficient. 2. It must originate from the offended party. 3. The provocation must be immediate to the commission of the crime by the person who is provoked.
5. PASSION OR OBFUSCATION It requires that: 1. The accused acted upon an impulse. 2. The impulse must be so powerful that it naturally produced passion or obfuscation in him. REQUISITES:
12
1. That there be an act, both unlawful and sufficient to produce such a condition of mind; 2. That said act which produced the obfuscation was not far removed from the commission of the crime by a considerable length of time, during which the perpetrator might recover his normal equanimity. A mitigating circumstance only when the same arose from lawful sentiments.
2. he wishes to save them the trouble and expense necessarily incurred in his search and capture.
BASIS: Loss of reasoning and selfcontrol, thereby diminishing exercise of his will power. the
WHEN PASSION OR OBFUSCATION NOT MITIGATING: When committed: 1. In the spirit of lawlessness, or 2. In a spirit of revenge PASSION/ OBFUSCATION
- produced by an impulse which may be caused by provocation - the offense need not be immediate. It is only required that the influence thereof lasts until the moment the crime is committed
REQUISITES OF VOLUNTARY PLEA OF GUILTY: 1. That the offender spontaneously confessed his guilt. 2. That the confession of guilt was made in open court, that is, before the competent court that is to try the case; and 3. That the confession of guilt was made prior to the presentation of evidence for the prosecution. BASIS: lesser perversity of the offender. 8. PHYSICAL DEFECT OF OFFENDER When the offender is deaf and dumb, blind or otherwise suffering from some physical defect, restricting his means of action, defense or communication with others. The physical defect must relate to the offense committed.
PROVOCATION
- the provocation comes from the injured party. -must immediately precede the commission of the crime.
7.
REQUISITES OF VOLUNTARY SURRENDER: 1. That the offender had not been actually arrested; 2. That the offender surrendered himself to a person in authority or to the latters agent; 3. That the surrender was voluntary. WHEN SURRENDER VOLUNTARY A surrender to be voluntary must be spontaneous, showing the intent of the accused to submit himself unconditionally to the authorities, either because: 1. he acknowledges his guilt; or
CHAIRPERSONS
REQUISITES: 1. That the illness of the offender must diminish the exercise of his will-power. 2. That such illness should not deprive the offender of consciousness of his acts. Includes illness of the mind not amounting to insanity. BASIS: diminution of intelligence and intent.
SUBJECT
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
13
CRIMINAL LAW
2. Specific those which apply only to specific crimes, such as ignominy in crimes against chastity and cruelty and treachery which are applicable only to crimes against persons. a) Disregard of rank, age or sex due the offended party; b) Abuse of superior strength or means be employed to weaken the defense; c) Treachery (alevosia); d) Ignominy; e) Cruelty; f) Use of unlicensed firearm in the murder or homicide committed therewith (RA 8294). 3. Qualifying those that change the nature of the crime. Alevosia (treachery) or evident premeditation qualifies the killing of a person to murder. Art. 248 enumerates the qualifying aggravating circumstances which quality the killing of person to murder.
1. Generic those which apply to all crimes, such as: a) Advantage taken of public position; b) Contempt or insult of public authorities; c) Crime committed in the dwelling of the offended party; d) Abuse of confidence or obvious ungratefulness; e) Place where crime is committed; f) Nighttime, uninhabited place, or band; g) Recidivism (reincidencia); h) Habituality (reiteracion); i) Craft, fraud or disguise; j) Unlawful entry; k) Breaking of parts of the house; l) Use of persons under 15 years of age.
14
c) Error in personae (Art. 49); d) Taking advantage of public position and membership in an organized/syndicated crime group (Par.1[a], Art. 62). GENERIC QUALIFYING AGGRAVATING AGGRAVATING CIRCUMSTANCE CIRCUMSTANCE As to its effect
Increases the penalty which should be imposed upon the accused to the maximum period but without exceeding the limit prescribed by law. To give the crime its proper and exclusive name and to place the author thereof in such a situation as to deserve no other penalty than that specially prescribed by law for said crime.
RULES ON AGGRAVATING CIRCUMSTANCES 1. Aggravating circumstances shall not be appreciated if: a) They constitute a crime specially punishable by law, or b) They are included by the law in defining a crime and prescribing a penalty therefor, shall not be taken into account for the purpose of increasing the penalty. EXAMPLE: That the crime be committed by means of fire, explosion (Art. 14, par. 12) is in itself a crime of arson (Art. 321) or a crime involving destruction (Art. 324). It is not to be considered to increase the penalty for the crime of arson or for the crime involving destruction. 2. The same rule shall apply with respect to any aggravating circumstance inherent in the crime to such a degree that it must of necessity accompany the commission thereof. (Art. 62, par. 2)
3. Aggravating circumstances which arise: a) From the moral attributes of the offender, or b) From his private relations with the offended party, or c) From any personal cause, shall only serve to aggravate the liability of the principals, accomplices and accessories as to whom such circumstances are attendant. (Art. 62, par. 3) 4. The circumstances which consist a) In the material execution of the act, or b) In the means employed to accomplish it, shall serve to aggravate the liability of those persons only who had knowledge of them at the time of the execution of the act or their cooperation therein. Except when there is proof of conspiracy in which case the act of one is deemed to be the act of all, regardless of lack of knowledge of the facts constituting the circumstance. (Art. 62, par. 4) 5. Aggravating circumstances, regardless of its kind, should be specifically alleged in the information AND proved as fully as the crime itself in order to increase the penalty. (Sec. 9, Rule 110, 2000 Rules of Criminal Procedure) 6. When there is more than one qualifying aggravating circumstance present, one of them will be appreciated as qualifying aggravating while the others will be considered as generic aggravating. ART. 14 AGGRAVATING CIRCUMSTANCES Par. 1. That advantage be taken by the offender of his public position. Applicable only when the offender is a public officer. The offender must have abused his public position or at least use of the same facilitated the commission of the offense.
AND
SUBJECT
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
15
CRIMINAL LAW
on account of his (a) rank, (b) age, or (c) sex, or (2) that it be committed in the dwelling of the offended party, if the latter has not given provocation.
Par. 2 That the crime be committed in contempt of or with insult to the public authorities. REQUISITES OF THIS CIRCUMSTANCE: 1. That the public authority is engaged in the exercise of his functions. 2. That he who is thus engaged in the exercise of said functions is not the person against whom the crime is committed. 3. The offender knows him to be a public authority. 4. His presence has not prevented the offender from committing the criminal act. Public authority sometimes also called 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 the laws; like a mayor, councilor, governor, barangay captain and barangay chairman. A teacher or professor of a public or recognized private school is not a public authority within the contemplation of this paragraph. While he is a person in authority under Art. 152, that status is only for purposes of Art. 148 (direct assault) and Art. 152 (resistance and disobedience).
Par. 3 That the act be committed (1) with insult or in disregard of the respect due the offended party
16
the relationship of the victim (People vs. Lapaz, March 31, 1989). Dwelling must be a building or structure, exclusively used for rest and comfort. A combination of a house and a store or a market stall where the victim slept is not a dwelling. - dwelling includes dependencies, the foot of the staircase and enclosure under the house. The aggravating circumstance of dwelling requires that the crime be wholly or partly committed therein or in any integral part thereof. Dwelling does not mean the permanent residence or domicile of the offended party or that he must be the owner thereof. He must, however, be actually living or dwelling therein even for a temporary duration or purpose. It is not necessary that the accused should have actually entered the dwelling of the victim to commit the offense; 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.
have given the provocation, and the fact that the crime is committed in the dwelling of the offended party is not an aggravating circumstance. REASON: When it is the offended party who has provoked the incident, he loses his right to the respect and consideration due him in his own house. DWELLING IS NOT AGGRAVATING IN THE FOLLOWING CASES: 1. When both the offender and the offended party are occupants of the same house, and this is true even if offender is a servant in the house. EXCEPTION: In case of adultery in the conjugal dwelling, the same is aggravating. However, if the paramour also dwells in the conjugal dwelling, the applicable aggravating circumstance is abuse of confidence.
WHAT AGGRAVATES THE COMMISSION OF THE CRIME IN ONES DWELLING: 1. The abuse of confidence which the offended party reposed in the offender by opening the door to him; or 2. The violation of the sanctity of the home by trespassing therein with violence or against the will of the owner. MEANING OF PROVOCATION IN THE AGGRAVATING CIRCUMSTANCE OF DWELLING: The provocation must be: 1. Given by the owner of the dwelling, 2. Sufficient, and 3. Immediate to the commission of the crime.
SUBJECT
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
17
CRIMINAL LAW
REQUISITES OF ABUSE OF CONFIDENCE: 1. That the offended party had trusted the offender. 2. That the offender abused such trust by committing a crime against the offended party. 3. That the abuse of confidence facilitated the commission of the crime. Abuse of confidence is inherent in malversation (Art. 217), qualified theft (Art. 310), estafa by conversion or misappropriation (Art. 315), and qualified seduction (Art. 337). REQUISITES OF OBVIOUS UNGRATEFULNESS 1. That the offended party had trusted the offender; 2. That the offender abused such trust by committing a crime against the offended party. 3. That the act be committed with obvious ungratefulness. The ungratefulness contemplated by par. 4 must be such clear and manifest ingratitude on the part of the accused.
PAR. 5. Where PAR. 2. Contempt public authorities or insult to public are engaged in authorities the discharge of their duties In both
their
Par. 6. That the crime be committed (1) in the nighttime, or (2) in an uninhabited place, or (3) by a band, whenever such circumstance may facilitate the commission of the offense. When present in the same case and their element are distinctly palpable and can subsist independently, they shall be considered separately.
Par. 5 That the crime be committed (1) in the palace of the Chief Executive, or in his presence, or (2) where public authorities are engaged in the discharge of their duties, or (3) in a place dedicated to religious worship.
WHEN NIGHTTIME, UNINHABITED PLACE OR BAND AGGRAVATING: 1. When it facilitated the commission of the crime; or 2. When especially sought for by the offender to insure the commission of the crime or for the purpose of impunity; or 3. When the offender took advantage thereof for the purpose of impunity.
18
Nighttime (obscuridad) that period of darkness beginning at end of dusk and ending at dawn. Nights are from sunset to sunrise. It is necessary that the commission of the crime was begun and completed at nighttime. When the place of the crime is illuminated by light, nighttime is not aggravating.
malefactors shall have acted together in the commission of an offense, it shall be deemed committed by a band. The requisite four armed persons contemplated in this circumstance must all be principals by direct participation who acted together in the execution of the acts constituting the crime. If one of them was a principal by inducement, there would be no cuadrilla but the aggravating circumstance of having acted with the aid of armed men may be considered against the inducer if the other two acted as his accomplice. This aggravating circumstance is absorbed in the circumstance of abuse of superior strength. This aggravating circumstance is not applicable in crimes against chastity.
GENERAL RULE: Nighttime is absorbed in treachery. EXCEPTION: Where both the treacherous mode of attack and nocturnity were deliberately decided upon in the same case, they can be considered separately if such circumstances have different factual bases. Thus: In People vs. Berdida, et. al. (June 30, 1966), nighttime was considered since it was purposely sought, and treachery was further appreciated because the victims hands and arms were tied together before he was beaten up by the accused. In People vs. Ong, et. al. (Jan. 30, 1975), there was treachery as the victim was stabbed while lying face up and defenseless, and nighttime was considered upon proof that it facilitated the commission of the offense and was taken advantage of by the accused. Uninhabited place (despoblado) 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. What actually determines whether this aggravating circumstance should be considered against the accused, aside from the distance and isolation of the place, is the reasonable possibility of the victim receiving or securing aid from third persons.
Par. 7 That the crime be committed on the occasion of a conflagration, shipwreck, earthquake, epidemic or other calamity or misfortune. REASON FOR THE AGGRAVATION: The debased form of criminality met in one who, in the midst of a great calamity, instead of lending aid to the afflicted, adds to their suffering by taking advantage of their misfortune to despoil them. Therefore it is necessary that the offender took advantage of the calamity or misfortune. Par. 8 That the crime be committed with the aid of (1) armed men or (2)persons who insure or afford impunity. REQUISITES: 1. That armed men or persons took part in the commission of the crime, directly or indirectly. 2. That the accused availed himself of their aid or relied upon them when the crime was committed.
Band (en cuadrilla) whenever more than three (i.e., at least four) armed
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE CHAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
AND
SUBJECT
19
CRIMINAL LAW
WHEN THIS AGGRAVATING CIRCUMSTANCE SHALL NOT BE CONSIDERED: 1. When both the attacking party and the party attacked were equally armed. 2. 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. Par. 6 By a Par. 8. With the ba aid of armed nd men As to their number
At least two
Requires more than three armed malefactors (i.e., at least four) Requires that more than three armed malefactors shall have acted together in the commission of an offense.
As to their action
This circumstance is present even if one of the offenders merely relied on their aid, for actual aid is not necessary.
If there are four armed men, aid of armed men is absorbed in employment of a band. If there are three armed men or less, aid of armed men may be the aggravating circumstance. Aid of armed men includes armed women.
Par. 9 That the accused is a recidivist. REQUISITES: 1. That the offender is on trial for an offense;
20
Recidivism must be taken into account no matter how many years have intervened between the first and second felonies.
1. Recidivism (par. 9, Art. 14) where a person, on separate occasions, is convicted of two offenses embraced in the same title in the RPC. This is a generic aggravating circumstance. 2. Reiteracion or habituality (par. 10, Art. 14) where the offender has been previously punished for an offense to which the law attaches an equal or greater penalty or for two crimes to which it attaches a lighter penalty. This is a generic aggravating circumstance. 3. Multi-recidivism or habitual delinquency (Art. 62, par, 5) where a person within a period of ten years from the date of his release or last conviction of the crimes of serious or less serious physical injuries, robbery, theft, estafa or falsification, is found guilty of the said crimes a third time or oftener. This is an extraordinary aggravating circumstance. 4. Quasi-recidivism (Art. 160) Where a person commits felony before beginning to serve or while serving sentence on a previous conviction for a felony. This is a special aggravating circumstance.
SUBJECT
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
21
CRIMINAL LAW
Par. 13 That the act be committed with evident premeditation REQUISITES: The prosecution must prove 1. The time when the offender determined to commit the crime; 2. An act manifestly indicating that the culprit has clung to his determination; and 3. A sufficient lapse of time between the determination and execution, to allow him to reflect upon the consequences of his act and to allow his conscience to overcome the resolution of his will.
To
Par. 12 That the crime be 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 and ruin. When another aggravating circumstance already qualifies the crime, any of these aggravating circumstances shall be considered as generic aggravating circumstance only.
establish evident premeditation, it must be shown that there was a period sufficient to afford full opportunity for meditation and reflection, a time adequate to allow the conscience to overcome the resolution of the will, as well as outward acts showing the intent to kill. It must be shown that the offender had sufficient time to reflect upon the consequences of his act but still persisted in his determination to commit the crime. (PEOPLE vs. SILVA, et. al., GR No. 140871, August 8, 2002)
The
essence of evident premeditation is that the execution of the criminal act is preceded by cool thought and reflection upon the resolution to carry out the criminal intent within a space of time sufficient to arrive at a calm judgment. (PEOPLE vs. ABADIES, GR No. 135975, August 14, 2002)
22
When the offender decides to kill a particular person and premeditated on the killing of the latter, but when he carried out his plan he actually killed another person, it cannot properly be said that he premeditated on the killing of the actual victim.
deliberately adopted as the means, methods or forms for the treacherous strategy, or they may co-exist independently where they are adopted for a different purpose in the commission of the crime. For instance: In People vs. San Pedro (Jan. 22, 1980), where the accused pretended to hire the driver in order to get his vehicle, it was held that there was craft directed to the theft of the vehicle, separate from the means subsequently used to treacherously kill the defenseless driver. In People vs. Masilang (July 11, 1986) there was also craft where after hitching a ride, the accused requested the driver to take them to a place to visit somebody, when in fact they had already planned to kill the driver.
CRAFT
The act of the accused done in order not to arouse the suspicion of the victim constitutes craft.
Par. 15 That (1) advantage be taken of superior strength, or (2) means be employed to weaken the defense. Par. 15 enunciates two aggravating circumstances, namely, that advantage was taken of superior strength, or that means were employed by the offender to weaken the defense of the victim, either of which qualifies a killing to murder.
AND
SUBJECT
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
23
CRIMINAL LAW
The gravamen of abuse of superiority is the taking advantage by the culprits of their collective strength to overpower their relatively weaker victim or victims. Hence, what is taken into account here is not the number of aggressors nor the fact that they are armed, but their relative physical strength vis-a vis the offended party.
NO ADVANTAGE OF SUPERIOR STRENGTH IN THE FOLLOWING: 1. One who attacks another with passion and obfuscation does not take advantage of his superior strength. 2. When a quarrel arose unexpectedly and the fatal blow was struck at a time when the aggressor and his victim were engaged against each other as man to man.
Par. 16 That the act be committed with treachery (alevosia). Treachery (alevosia) is present when the offender commits any of the crimes against person, employing means,
24
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.
attacks a child of tender years and causes his death. WHEN MUST TREACHERY BE PRESENT: When the aggression is continuous, treachery must be present in the beginning of the assault. (PEOPLE vs. MANALAD, GR No. 128593, August 14, 2002) Thus, even if the deceased was shot while he was lying wounded on the ground, it appearing that the firing of the shot was a mere continuation of the assault in which the deceased was wounded, with no appreciable time intervening between the delivery of the blows and the firing of the shot, it cannot be said that the crime was attended by treachery. When the assault was not continuous, in that there was interruption, it is sufficient that treachery was present at the moment the fatal blow was given. Hence, even though in the inception of the aggression which ended in the death of the deceased, treachery was not present, if there was a break in the continuity of the aggression and at the time of the fatal wound was inflicted on the deceased he was defenseless, the circumstance of treachery must be taken into account. ALEVOSIA SHOULD BE CONSIDERED EVEN IF: 1. The victim was not predetermined but there was a generic intent to treacherously kill any first two persons belonging to a class. (The same rule obtains for evident premeditation). 2. There was aberratio ictus and the bullet hit a person different from that intended. (The rule is different in evident premeditation). 3. There was error in personae, hence the victim was not the one intended by the accused. (A different rule is applied in evident premeditation).
AND
REQUISITES OF TREACHERY: 1. That at the time of the attack, the victim was not in a position to defend himself; and 2. That the offender consciously adopted the particular means, method or form of attack employed by him.
SUBJECT
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
25
CRIMINAL LAW
TREACHERY ABSORBS: 1. Craft 2. Abuse of superior strength 3. Employing means to weaken the defense 4. Cuadrilla (band) 5. Aid of armed men 6. Nighttime Par. 17 That means be employed or circumstances brought about which add ignominy to the natural effects of the act. Ignominy is a circumstance pertaining to the moral order, which adds disgrace and obloquy to the material injury caused by the crime. MEANING OF which add ignominy to the natural effects thereof The means employed or the circumstances brought about must tend to make the effects of the crime more humiliating to victim or to put the offended party to shame, or add to his moral suffering. Thus it is incorrect to appreciate ignominy where the victim was already dead when his body was dismembered, for such act may not be considered to have added to the victims moral suffering or humiliation. (People vs. Carmina, G.R. No. 81404, January 28, 1991) Applicable to crimes against chastity, less serious physical injuries, light or grave coercion, and murder.
If the offender broke a window to enable himself to reach a purse with money on the table near that window, which he took while his body was outside of the building, the crime of theft was attended by this aggravating circumstance. It is not necessary that the offender should have entered the building.
Par. 20 That the crime be committed (1) with the aid of persons under fifteen years of age, or (2) by means of motor vehicles, airships, or other similar means. TWO DIFFERENT CIRCUMSTANCES GROUPED IN THIS PARAGRAPH: 1. With the aid of persons under fifteen years of age: Tends to repress, so far as possible, the frequent practice resorted to by professional criminals to avail themselves of
Par. 18 That the crime be committed after an unlawful entry. Unlawful entry when an entrance is effected by a way not intended for the purpose.
26
2.
minors taking advantage of their irresponsibility. By means of motor vehicles, airships, or other similar means: Intended to counteract the great facilities found by modern criminals in said means to commit crime and flee and abscond once the same is committed. Use of motor vehicle is aggravating where the accused purposely and deliberately used the motor vehicle in going to the place of the crime, in carrying away the effects thereof, and in facilitating their escape.
If the victim was already dead when the acts of mutilation were being performed, this would also qualify the killing to murder due to outraging of his corpse. IGNOMINY (PAR.17) CRUELTY (PAR. 21)
Refers to physical suffering
Involves suffering
moral
Unlike mitigating circumstances (par. 10, Art. 13), there is no provision for aggravating circumstances of a similar or analogous character. ART. 15 ALTERNATIVE CIRCUMSTANCES
MEANING OF or other similar means Should be understood as referring to motorized vehicles or other efficient means of transportation similar to automobile or airplane. Par. 21 That the wrong done in the commission of the crime be deliberately augmented by causing other wrong not necessary for its commission. Cruelty there is cruelty when the culprit enjoys and delights in making his victim suffer slowly and gradually, causing unnecessary physical pain in the consummation of the criminal act. REQUISITES OF CRUELTY: 1. That the injury caused be deliberately increased by causing other wrong; 2. That the other wrong be unnecessary for the execution of the purpose of the offender.
Alternative circumstances are those which must be taken into consideration as aggravating or mitigating according to the nature and effects of the crime and the other conditions attending its commission. BASIS: The nature and effects of the crime and the other conditions attending its commission. THE ALTERNATIVE CIRCUMSTANCES ARE: 1. Relationship; 2. Intoxication; and 3. Degree of instruction and education of the offender. RELATIONSHIP The alternative circumstance of relationship shall be taken into consideration when the offended party is the a) Spouse, b) Ascendant, c) Descendant, d) Legitimate, natural, or adopted brother or sister, or e) Relative by affinity in the same degree of the offender. OTHER RELATIVES INCLUDED:
AND
SUBJECT
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
27
CRIMINAL LAW
3.
of a higher degree of the offender. c) When the crime is homicide or murder, relationship is aggravating even if the victim of the crime is a relative of a lower degree. d) In rape, relationship is aggravating where a stepfather raped his stepdaughter or in a case where a father raped his own daughter. In crimes against chastity, like acts of lasciviousness (Art. 336), relationship is always aggravating, regardless of whether the offender is a relative of a higher or lower degree of the offended party.
28
of proof to the contrary, it is presumed to be non-habitual or unintentional. Instruction or education as an alternative circumstance, does not refer only to literary but more to the level of intelligence of the accused. - refers to the lack of sufficient intelligence and knowledge of the full significance of ones acts. - Low degree of instruction and education or lack of it is generally mitigating. High degree of instruction and education is aggravating, when the offender took advantage of his learning in committing the crime. GENERAL RULE: Lack of sufficient education is mitigating. EXCEPTIONS: 1. Crimes against property (e.g. arson, estafa, theft, robbery) 2. Crimes against chastity, and 3. Treason because love of country should be a natural feeling of every citizen, however unlettered or uncultured he may be. TITLE TWO: PERSONS LIABLE FOR FELONIES CRIMINALLY
ART. 16 WHO ARE CRIMINALLY LIABLE FOR GRAVE AND LESS GRAVE FELONIES 1. Principals 2. Accomplices 3. Accessories FOR LIGHT FELONIES 1. Principals 2. Accomplices Accessories are not liable for light felonies. REASON: In the commission of light felonies, the social wrong as well as the individual prejudice is so small that penal sanction is deemed not necessary for accessories.
AND
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
29
CRIMINAL LAW
a) Using irresistible force. b) Causing uncontrollable fear. In these cases, there is no conspiracy, not even a unity of criminal purpose and intention. Only the one using the force or causing the fear is criminally liable. The material executor is not criminally liable because of Art. 12, pars. 5 and 6 (exempting circumstances) 2. By directly inducing another to commit a crime by a) Giving of price, or offering of reward or promise. The one giving the price or offering the reward or promise is a principal by inducement while the one committing the crime in consideration thereof is a principal by direct participation. There is collective criminal responsibility. b) Using words of command The person who used the words of command is a principal by inducement while the person who committed the crime because of the words of command is a principal by direct participation. There is also collective criminal responsibility. The inducement must precede the act induced and must be so influential in producing the criminal act that without it, the act would not have been performed. If the person who actually committed the crime had reason of his own to commit the crime, it cannot be said that the inducement was influential in producing the criminal act. PRINCIPAL BY INDUCEMENT OFFENDER WHO MADE PROPOSAL TO COMMIT A FELONY
TWO WAYS OF BECOMING PRINCIPAL BY INDUCTION: 1. By directly forcing another to commit a crime by
30
In both
There is an inducement to commit a crime
When liable
Becomes liable only when the crime is committed by the principal by direct participation. The mere proposal to commit a felony is punishable in treason or rebellion. However, the person to whom the proposal is made should not commit the crime, otherwise, the proponent becomes a principal by inducement.
1. Participation in the criminal resolution, that is, there is either anterior conspiracy or unity of criminal purpose and intention immediately before the commission of the crime charged; and 2. Cooperation in the commission of the offense by performing another act, without which it would not have been accomplished.
MEANING OF cooperation in the commission of the offense Means to desire or wish in common a thing. But that common will or purpose does not necessarily mean previous understanding, for it can be explained or inferred from the circumstances of each case. If the cooperation is not indispensable, the offender is only an accomplice.
EFFECTS OF ACQUITTAL OF PRINCIPAL BY DIRECT PARTICIPATION UPON LIABILITY OF PRINCIPAL BY INDUCEMENT: 1. Conspiracy is negatived by the acquittal of co-defendant. 2. One cannot be held guilty of having instigated the commission of a crime without first being shown that the crime has been actually committed by another. But if the one charged as principal by direct participation is acquitted because he acted without criminal intent or malice, his acquittal is not a ground for the acquittal of the principal by inducement. REASON FOR THE RULE: In exempting circumstances, such as when the act is not voluntary because of lack of intent on the part of the accused, there is a crime committed, only that the accused is not a criminal. Par. 3 Principal by indispensable cooperation REQUISITES:
COLLECTIVE CRIMINAL RESPONSIBILITY This is present when the offenders are criminally liable in the same manner and to the same extent. The penalty to be imposed must be the same for all. Principals by direct participation have collective criminal responsibility. Principals by induction, except those who directly forced another to commit a crime, and principals by direct participation have collective criminal responsibility. Principals by indispensable cooperation have collective criminal responsibilities with the principals by direct participation. INDIVIDUAL CRIMINAL RESPONSIBILITY In the absence of any previous conspiracy, unity of criminal purpose and intention immediately before the commission of the crime, or community of criminal design, the criminal responsibility arising from different acts directed against one and the same person is individual
AND
SUBJECT
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
31
CRIMINAL LAW
or accomplices, take part subsequent to its commission in any of the following acts: 1. By profiting themselves or assisting the offender to profit by the effects of the crime. 2. Assisting the offender to profit by the effects of the crime. 3. By concealing or destroying the body of the crime to prevent its discovery. In profiting by the effects of the crime, the accessory must receive the property from the principal. He should not take it without the consent of the principal. If he took it without the consent of the principal, he is not an accessory but a principal in the crime of theft.
They act as mere instruments who perform acts not essential to the perpetration of the offense. REQUISITES: 1. That there be community of design; that is, knowing the criminal design of the principal by direct participation, he concurs with the latter his purpose; 2. That he cooperates in the execution of the offense by previous or simultaneous acts, with the intention of supplying material or moral aid in the execution of the crime in an efficacious way; and 3. That there be a relation between the acts done by the principal and those attributed to the person charged as an accomplice. Before there could be an accomplice, there must be a principal by direct participation. The person charged as an accomplice should not have inflicted a mortal wound. If he inflicted a mortal wound, he becomes a principal by direct participation. In case of doubt, the participation of the offender will be considered that of an accomplice rather than that of a principal. ART. 19 ACCESSORIES Accessories are those who - having knowledge of the commission of the crime, and - without having participated therein either as principals
TWO CLASSES OF ACCESSORIES CONTEMPLATED IN PAR. 3 OF ART. 19 a) Public officers who harbor, conceal or assist in the escape of the principal of any crime (not light felony) with abuse of his public functions. Requisites: 1. The accessory is a public officer. 2. He harbors, conceals, or assists in the escape of the principal. 3. The public officer acts with abuse of his public functions. 4. The crime committed by the principal is any crime, provided it is not a light felony. b) Private persons who harbor, conceal or assist in the escape of the author of the crime who is guilty of treason, parricide, murder, or attempts against the life of the President, or who is known to be habitually guilty of some other crime. Requisites: 1. The accessory is a private person. 2. He harbors, conceals or assists in the escape of the author of the crime. 3. The crime committed by the principal is either:
32
Treason, Parricide, Murder, An attempt against the life of the President, or v. That the principal is known to be habitually guilty of some other crime.
Fencing is an act, with intent to gain, of buying, selling, receiving, possessing, keeping, or in any other manner dealing in anything of value which a person knows or should have known to be derived from the proceeds of the crime of robbery or theft. Fence is a person who commits the act of fencing. A fence who receives stolen property as above-provided is not an accessory but a principal in the crime defined in and punished by the AntiFencing Law. Mere possession of anything of value which has been the subject of robbery or theft shall be prima facie evidence of fencing. ART. 20 ACCESSORIES WHO ARE EXEMPT FROM CRIMINAL LIABLITY The exemption provided for in this article is based on the ties of blood and the preservation of the cleanliness of ones name, which compels one to conceal crimes committed by relatives so near as those mentioned in this article.
Where the alleged principal is acquitted, it is neither proper nor possible to convict the defendant as an accessory. The responsibility of the accessory is subordinate to that of the principal in a crime HOWEVER, conviction of an accessory is possible notwithstanding the acquittal of the principal, if the crime was in fact committed, but the principal was not held liable, because of an exempting circumstance (Art. 12), such as insanity or minority. Neither the letter nor the spirit of the law requires that the principal be convicted before one may be punished as an accessory. As long as the corpus delicti is proved and the accessorys participation as such is shown, he can be held criminally responsible and meted out the corresponding penalty (Inovero vs. Coronel, CA, 65 O.G. 3160). The prescribed acts of the accessory under par. 2 must have been intended to prevent the discovery of the crime, hence, mere silence does not make one an accessory. If, however, the crime involved is a conspiracy to commit treason, his silence may hold him liable for misprision of treason (Art. 116) but as a principal thereof. Where the accused misleads the authorities by giving them false information, such act is equivalent to concealment and he should be held as an accessory. Anti-Fencing Law of 1979 Pres. Decree 1612
AN ACCESSORY IS EXEMPT FROM CRIMINAL LIABLITY WHEN THE PRINCIPAL IS HIS 1. spouse, or 2. ascendant, or 3. descendant, or 4. legitimate, natural or adopted brother, sister or relative by affinity within the same degree. ACCESSORY IS NOT EXEMPT FROM CRIMINAL LIABILITY EVEN IF THE PRINCIPAL IS RELATED TO HIM, IF SUCH ACCESSORY 1. profited by the effects of the crime, or 2. assisted the offender to profit by the effects of the crime. REASON: Because such acts are prompted not by affection but by a detestable greed. Public officer contemplated in par. 3 of Art. 19 is exempt by reason of
AND
SUBJECT
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
33
CRIMINAL LAW
The basis of the right to punish violations of penal law is the police power of the State.
THEORIES JUSTIFYING PENALTY: 1. Prevention to prevent or suppress the danger to the State arising from the criminal act of the offender. 2. Self-defense so as to protect society from the threat and wrong inflicted by the criminal. 3. Reformation the object of punishment in criminal cases is to correct and reform the offender. 4. Exemplarity the criminal is punished to serve as an example to deter others from committing crimes. 5. Justice that crime must be punished by the State as an act of retributive justice, a vindication of absolute right and moral law violated by the criminal. THREE-FOLD PURPOSE OF PENALTY UNDER THE CODE: 1. Retribution or expiation the penalty is commensurate with the gravity of the offense. 2. Correction or reformation shown by the rules which regulate the execution of the penalties consisting in deprivation of liberty. 3. Social defense shown by its inflexible severity to recidivists and habitual delinquents. ART. 21 PENALTIES THAT MAY BE IMPOSED A felony shall be punishable only by the penalty prescribed by law at the time of its commission. It is a guaranty to the citizen of this country that no acts of his, will be considered criminal until the Government has made it so by law and has provided a penalty. REASON: Because a law cannot be rationally obeyed unless it is
TITILE THREE: PENALTIES Chapter One: Penalties in General (Arts. 21-24) Penalty is the suffering that is inflicted by the State for the transgression of the law. DIFFERENT JURIDICAL CONDITIONS OF PENALTY 1. Must be productive of suffering, without however affecting the integrity of the human personality. 2. Must be commensurate with the offense different crimes must be punished with different penalties. 3. Must be personal no one should be punished for the crime of another. 4. Must be legal it is the consequence of a judgment according to law. 5. Must be certain no one may escape its effects. 6. Must be equal for all. 7. Must be correctional. PURPOSE OF THE STATE IN PUNISHING CRIMES The State has an existence of its own to maintain, a conscience to assert, and moral principles to be vindicated. Penal justice must therefore be exercised by the State in the service and satisfaction of a duty, and rests primarily on the moral rightfulness of the punishment inflicted.
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first shown, and a man cannot be expected to obey an order that has not been given. ART. 22 RETROACTIVE EFFECT OF PENAL LAWS GENERAL RULE: Penal laws are applied prospectively. EXCEPTION: When retrospective application will be favorable to the person guilty of a felony; Provided that:
something which when done was lawful; and 6. Deprives a person accused of a crime of some lawful protection to which he has become entitled, such as the protection of a former conviction or acquittal, or a proclamation of amnesty. If retroactive effect of a new law is justified, it shall apply to the defendant even if he is: 1. presently on trial for the offense; 2. has already been sentenced but service of which has not begun; or 3. already serving sentence The retroactive effect of criminal statutes does not apply to the culprits civil liability. REASON: The rights of offended persons or innocent third parties are not within the gift of arbitrary disposal of the State. The provisions of Art. 22 are applicable even to special laws which provide more favorable conditions to the accused.
1. The offender is NOT a habitual criminal (delinquent) under Art. 62(5); 2. The new or amendatory law does NOT provide against its retrospective application. Habitual delinquent a person who, within a period of ten years from the date of his release or last conviction of the crimes of serious or less serious physical injuries, robbery, theft, estafa, or falsification, is found guilty of any said crimes a third time or oftener. EX POST FACTO LAW An act which when committed was not a crime, cannot be made so by statute without violating the constitutional inhibition as to ex post facto laws. An ex post facto law is one which: 1. Makes criminal an act done before the passage of the law and which was innocent when done; 2. Aggravates a crime, or makes it greater than it was, when committed; 3. Changes the punishment and inflicts a greater punishment than the law annexed to the crime when committed; 4. Alters the legal rules of evidence, and authorizes conviction upon a less or different testimony than the law required at the time of the commission of the offense; 5. Assumes to regulate civil rights and remedies only, in effect imposing a penalty or deprivation of a right for
Criminal liability under the repealed law subsists: 1. When the provisions of the former law are reenacted; or The right to punish offenses committed under an old penal law is not extinguished if the offenses are still punishable in the repealing penal law. 2. When the repeal is by implication; or When a penal law, which impliedly repealed an old law, is itself repealed, the repeal of the repealing law revives the prior penal law, unless the language of the repealing statute provides otherwise. If the repeal is absolute, criminal liability is obliterated. 3. When there is a saving clause.
AND
SUBJECT
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
35
CRIMINAL LAW
Nevertheless, civil liability may be extinguished by the EXRESS WAIVER of the offended party.
Is sought to be repaired through the imposition of the corresponding penalty. The offended party cannot pardon the offender so as to relieve him of the penalty.
The offended party may waive the indemnity and the State has no reason to insist in its payment.
ART. 24 MEASURES OF PREVENTION OR SAFETY WHICH ARE NOT CONSIDERED PENALTIES THE FOLLOWING ARE NOT CONSIDERED AS PENALTIES: 1. The arrest and temporary detention of accused persons, as well as their detention by reason of insanity or imbecility, or illness requiring their confinement in a hospital. 2. The commitment of a minor to any of the institutions mentioned in Art. 80 (now Art. 192, PD No. 603) and for the purposes specified therein. 3. Suspension from the employment or public office during the trial or in order to institute proceedings. 4. Fines and other corrective measures which, in the exercise of their administrative or disciplinary
36
powers, superior officials may impose upon their subordinates. 5. Deprivation of rights and the reparations which the civil law may establish in penal form.
Chapter Two: Classification of Penalties (Arts. 25-26) ART. 25 PENALTIES WHICH MAY BE IMPOSED The scale in Art. 25 is only a general classification of penalties based on their severity, nature and subject matter. The scale of penalties in Art. 70 is provided for successive service of sentences imposed on the same accused, in consideration of their severity and natures. The scales in Art. 71 are for the purpose of graduating the penalties by degrees in accordance with the rules in Art. 61.
Reasons why they are not penalties: 1. Because they are not imposed as a result of judicial proceedings. Those mentioned in paragraphs 1, 3 and 4 are merely preventive measures before conviction of offenders. 2. The offender is not subjected to or made to suffer these measures in expiation of or as punishment for a crime. Par. 1 does not refer to the confinement of an insane or imbecile who has not been arrested for a crime. It refers to accused persons who are detained by reason of insanity or imbecility. Paragraphs 3 and 4 refer to administrative suspension and administrative fines and not to suspension or fine as penalties for violations of the RPC. The deprivations of rights established in penal form by the civil laws is illustrated in the case of parents who are deprived of their parental authority if found guilty of the crime of corruption of their minor children, in accordance with Art. 332 of the Civil Code. Where a minor offender was committed to a reformatory pursuant to Art. 80 (now, PD 603), and while thus detained he commits a crime therein, he cannot be considered a quasi-recidivist since his detention was only a preventive measure, whereas a quasi-recidivism presupposes the commission of a crime during the service of the penalty for a previous crime.
CLASSIFICATION OF PENALTIES UNDER ARTICLE 25: a) Based on their severity or gravity 1. Capital, 2. Afflictive, 3. Correctional, 4. Light This classification corresponds to the classification of felonies in Art. 9, into grave, less grave and light. b) Based on their nature 1. Principal penalties those expressly imposed by the court in the judgment of conviction. May be further classified based on divisibility i. Divisible are those that have fixed duration and are divisible into three periods. ii. Indivisible are those which have no fixed duration. These are: 1) Death 2) Reclusin perpetua 3) Perpetual absolute or special disqualification 4) Public censure
AND
SUBJECT
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
37
CRIMINAL LAW
This article determines the classification of a fine whether imposed as a single or as an alternative penalty for a crime. The rule herein does not apply where the fine involved is in a compound penalty, that is, it is imposed in conjunction with another penalty.
Where the fine in question is exactly P200, under Art. 9 it is a light felony, hence the felony involved is a light felony; whereas under Art. 26, it is a correctional penalty, hence the offense involved is a less grave felony. It has been held that this discrepancy should be resolved liberally in favor of the accused, hence Art. 9 prevails over Art. 26 (People vs. Yu Hai, 99 Phil. 725). HOWEVER, according to Justice Regalado there is no such discrepancy. What is really in issue is the prescription of the offense vis-avis the prescription of the penalty, the former being the forfeiture of the right of the State to prosecute the offender and the latter being the loss of its power to enforce the judgment against the convict.
Chapter Three: Duration and Effects of Penalties (Arts. 27-45) Section One Duration of Penalties ART. 27 DURATION OF EACH DIFFERENT PENALTIES 1. Reclusin perpetua 20 yrs. and 1 day to 40 yrs. 2. Reclusin temporal 12 yrs. and 1 day to 20 yrs. 3. Prisin mayor and temporary disqualification 6 yrs. and 1 day to 12 yrs., except when disqualification is an accessory penalty, in which case its duration is that of the principal penalty. 4. Prisin correccional, suspensin, and destierro 6 mos. and 1 day to 6 yrs., except when suspensin is an accessory penalty, in which case its
ART. 26 FINE WHEN AFFLICTIVE, CORRECTIONAL OR LIGHT FINE IS: 1. Afflictive over P6,000.00 2. Correctional P200.00 to P6,000.00 3. Light penalty less than P200.00 Same basis may be applied to Bond to keep the peace by analogy.
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duration is that of the principal penalty. 5. Arresto mayor 1 mo. And 1 day to 6 mos. 6. Arresto menor 1 day to 30 days 7. Bond to keep the peace the period during which the bond shall be effective is discretionary on the court. Destierro is a principal, correctional and divisible penalty.
These rules on preventive imprisonment apply to all sentences regardless of the duration thereof, including the so-called perpetual penalties as long as they involve deprivation of liberty. It applies to destierro.
In what cases is destierro imposed? 1. Serious physical injuries or death under exceptional circumstances. (Art. 247) 2. In case of failure to give bond for good behavior. (Art. 284) 3. As a penalty for the concubine in concubinage. (Art. 334) 4. In cases where after reducing the penalty by one or more degrees, destierro is the proper penalty. ART. 28 COMPUTATION OF PENALTIES 1. When the offender is in prison the duration of temporary penalties is from the day on which the judgment of conviction becomes final. 2. When the offender is not in prison the duration of penalties consisting in deprivation of liberty, is from the day that the offender is placed at the disposal of judicial authorities for the enforcement of the penalty. 3. The duration of other penalties the duration is from the day on which the offender commences to serve his sentence. ART. 29 PERIOD OF PREVENTIVE IMPRISONMENT DEDUCTED FROM TERM OF IMPRISONMENT Preventive imprisonment is the period of detention undergone by an accused where the crime with which he is charged is non-bailable or, even if bailable, he is unable to post the requisite bail.
CHAIRPERSONS
When is the detention prisoner entitled to the full credit of his preventive imprisonment? If the detention prisoner agrees voluntarily in writing to abide by the same disciplinary rules imposed upon convicted prisoners. When will he be credited only with four-fifths the time during which he has undergone preventive imprisonment? If the detention prisoner does not agree to abide by the same disciplinary rules imposed upon convicted prisoners. In the case of a youthful offender who has been proceeded against under the Child and Youth Welfare Code, he shall be credited in the service of his sentence with the full time of his actual detention, whether or not he agreed to abide by the same disciplinary rules of the institution.
The following offenders are not entitled to be credited with the full time or four-fifths of the time of preventive imprisonment: 1. Recidivists or those convicted previously twice or more times of any crime. 2. Those who, upon being summoned for the execution of their sentence, failed to surrender voluntarily. Habitual delinquents are included in No. 1. No. 2 refers to convicts who failed to voluntarily surrender to serve their penalties under a final judgment, since this is indicative of a greater defiance of authority. It does not refer to failure or refusal to
AND
SUBJECT
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
39
CRIMINAL LAW
Section Two Effects of the penalties according to their respective nature. A plebiscite is not mentioned or contemplated in Art.30, par. 2 (deprivation of the right to vote), hence, the offender may vote in that exercise, subject to the provisions of pertinent election laws at the time.
LIMITATIONS UPON THE EXERCISE OF THE PARDONING POWER: 1. That the power can be exercised only after conviction by final judgment; 2. That such power does not extend to cases of impeachment. GENERAL RULE: When the principal penalty is remitted by pardon, only the effect of that principal penalty is extinguished, but not the accessory penalties attached to it. EXCEPTION: When an absolute pardon is granted after the term of imprisonment has expired, it removes what is left of the consequences of conviction. PARDON BY THE PARDON BY CHIEF EXECUTIVE OFFENDED PARTY (ART. 36) (ART. 23) As to the crime covered
Can extend to any crime, unless otherwise provided by or subject to conditions in the Constitution or the laws. Applies only to crimes against chastity under the RPC.
Perpetual absolute disqualification is effective during the lifetime of the convict and even after the service of the sentence. Temporary absolute disqualification lasts during the term of the sentence, and is removed after the service of the same, EXCEPT: 1) Deprivation of the public office or employment, and 2) Loss of all rights to retirement pay or other pension for any office formerly held. Bond to keep the peace is different from bail bond which is posted for the provisional release of a person arrested for or accused of a crime.
CIVIL INTERDICTION IN ART. 34 IS IMPOSED WHEN THE PENALTY IS: 1. Death which is not carried out, 2. Reclusin perpetua,or 3. Reclusin temporal ART. 36 PARDON; ITS EFFECTS EFFECTS OF PARDON BY THE PRESIDENT 1. A pardon shall not restore the right to hold public office or the right of suffrage. EXCEPTION: When any or both such rights is/are expressly restored by the terms of the pardon. 2. It shall not exempt the culprit from the payment of the civil liability.
Cannot affect the civil liability ex delicto of the offender. Can be extended only after conviction by final judgment of the accused.
When granted
Can be validly granted only before the institution of the criminal action.
To whom granted
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Subsidiary penalty it is a subsidiary personal liability to be suffered by the convict who has no property with which to meet the fine, at the rate of one day for each eight pesos (P8.00), subject to the rules provided for in Art. 39. Subsidiary penalty shall be proper only if the accused has no property with which to pay the fine, and not as a matter of choice on his part by opting to go to jail instead of paying. Subsidiary penalty is not an accessory penalty, hence it must be specifically imposed by the court in its judgment, otherwise the accused cannot be made to serve the corresponding subsidiary imprisonment.
ART. 37 COSTS Costs or costs of suit are the expenses of litigation allowed and regulated by the Rules of Court to be assessed against or to be recovered by a party in litigation. THE FOLLOWING ARE INCLUDED IN COSTS: 1. Fees, and 2. Indemnities, in the course of judicial proceedings. Are chargeable to the accused only in cases of conviction. In case of acquittal, the costs are de oficio, meaning each party bearing his own expenses. The payment of costs is a matter that rests entirely upon the discretion of courts. ART. 38 - PECUNIARY LIABILITIES What are the pecuniary liabilities of persons criminally liable? They are, in the following order: 1. The reparation of the damage caused 2. Indemnification of the consequential damages 3. Fine 4. Costs of proceedings. When is Art.38 applicable? In case the property of the offender should not be sufficient for the payment of all his pecuniary liabilities. ART. 39 SUBSIDIARY PENALTY
RULES AS TO SUBSIDIARY PENALTY 1. If the penalty imposed is prisin correccional or arresto and fine subsidiary imprisonment is not to exceed 1/3 of the term of the sentence, and in no case to continue for more than one year. Fraction or part of a day, not counted. 2. When the penalty imposed is fine only subsidiary imprisonment a) not to exceed 6 months if the culprit is prosecuted for grave or less grave felony, and b) not to exceed 15 days if prosecuted for light felony. 3. When the penalty imposed is higher than prisin correccional no subsidiary imprisonment. 4. If the penalty imposed is not to be executed by confinement, but of fixed duration subsidiary penalty shall consist in the same deprivations as those of the principal penalty, under the same rules as nos. 1, 2 and 3 above. 5. In case the financial circumstances of the convict should improve, he shall pay the fine, notwithstanding the fact that the convict suffered subsidiary personal liability therefor. When the penalty prescribed for the offense is imprisonment, it is the penalty actually imposed by the
AND
SUBJECT
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
41
CRIMINAL LAW
ii. Perpetual special disqualification from suffrage, unless expressly remitted in the pardon of the principal penalty. 4. Prisin correccional i. Suspension from public office, profession or calling, and ii. Perpetual special disqualification from suffrage, if the duration of imprisonment exceeds 18 months, unless expressly remitted in the pardon of the principal penalty. There is perpetual special disqualification from suffrage, only when the duration of the imprisonment exceeds 18 months. 5. Arresto suspension of the right to hold office and the right of suffrage during the term of the sentence. The Code does not provide for any accessory penalty for destierro. RECLUSION PERPETUA
Has a specific duration of 20 years and 1 day to 40 years and accessory penalties. Imposable on felonies punished by the RPC.
Section Three Penalties in which other accessory penalties are inherent OUTLINE OF ACCESSORY PENALTIES INHERENT IN PRINCIPAL PENALTIES 1. Death, when not executed by reason of commutation or pardon i. Perpetual absolute disqualification, and ii. Civil interdiction during 30 years, if not expressly remitted in the pardon. 2. Reclusin perpetua and reclusin temporal i. Civil interdiction for life or during the sentence, and ii. Perpetual absolute disqualification, unless expressly remitted in the pardon of the principal penalty. 3. Prisin mayor i. Temporary disqualification, and absolute
LIFE IMPRISONMENT
Has no definite term or accessory penalties.
ART. 45 CONFISCATION AND FORFEITURE OF THE PROCEEDS OF THE CRIME OUTLINE OF THE PROVISION OF THIS ARTICLE 1. Every penalty imposed carries with it the forfeiture of the proceeds of the crime and the instruments or tools used in the commission of the crime. 2. The proceeds and instruments or tools of the crime are confiscated and forfeited in favor of the Government.
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3. Property of a third person not liable for the offense, is not subject to confiscation and forfeiture. 4. Property not subject of lawful commerce (whether it belongs to the accused or to third person) shall be destroyed. The confiscation and forfeiture of the proceeds and instruments of a crime is an accessory penalty.
a) the
The provisions of Art. 45 cannot apply when 1. The instruments belong to innocent third parties, 2. Such properties have not been placed under the jurisdiction of the court, and 3. When it is legally or physically impossible. This accessory penalty presupposes a judgment of conviction. However, even if the accused is acquitted on reasonable doubt, but the instruments or proceeds are contraband, the judgment of acquittal shall order their forfeiture for appropriate disposition.
stages of execution (consummated, frustrated, or attempted); and b) the degree of the criminal participation of the offender (whether as principal, accomplice or accessory). 2. BY PERIODS refers to the proper period of the penalty which should be imposed when aggravating or mitigating circumstances attend the commission of the crime. ART. 47 CASES WHEREIN THE DEATH PENALTY SHALL NOT BE IMPOSED 1. UNDER AGE. When the offender is below 18 years of age at the time of the commission of the crime. 2. OVER AGE. When the guilty person is more than seventy (70) years of age. 3. NO COURT MAJORITY. When upon appeal or automatic review of the case by the Supreme Court, the vote of eight members is not obtained for the imposition of the death penalty.
Chapter Four: Application of Penalties (Arts. 46-72) Section One Rules for application of penalties to the persons criminally liable and for the graduation of the same. ART. 46. PENALTY TO BE IMPOSED UPON PRINCIPALS IN GENERAL GENERAL RULE: The penalty prescribed by law in general terms shall be imposed upon the principals for a consummated felony. EXCEPT: When the penalty to be imposed upon the principal in frustrated or attempted felony is fixed by law. GRADUATION OF PENALTIES 1. BY DEGREES refers to
CRIMES PUNISHABLE BY DEATH UNDER THE DEATH PENALTY LAW (RA 7659) 1. Treason 2. Qualified Piracy 3. Qualified Bribery 4. Parricide 5. Murder 6. Infanticide 7. Kidnapping and Serious Illegal Detention 8. Robbery with Homicide, Rape, Intentional Mutilation, or Arson 9. Rape with the use of a deadly weapon, or by two or more persons - where the victim became insane - with Homicide 10. Qualified Rape 11. Destructive Arson 12. Plunder 13. Violation of certain provisions of the Dangerous Drugs Act 14. Carnapping
AND
SUBJECT
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
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CRIMINAL LAW
2. COMPLEX
Plurality of Crimes- consists in the successive execution, by the same individual, of different criminal acts, upon any of which no conviction has yet been declared. KINDS: 1. FORMAL OR IDEAL PLURALITY- only ONE CRIMINAL LIABILITY. THREE GROUPS UNDER THE FORMAL TYPE: a) When the offender commits any of the complex crimes in ART 48.
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the law specifically fixes a single penalty for two or more offenses committed. c) When the offender commits continuing crimes. 2. REAL OR MATERIAL PLURALITY DIFFERENT CRIMES in law, as well as in the conscience of the offender; the offender shall be PUNISHED FOR EACH and every offense that he committed. CONTINUING CRIME is a single crime, consisting of a series of acts, but all arising from ONE CRIMINAL RESOLUTION; length of time in the commission is immaterial. REAL OR MATERIAL PLURALITY
1. There is a series of acts performed by the offender 2. Each act performed by the offender constitutes a separate crime, each act is generated by a criminal impulse
b) When
or frustrated crime shall be imposed in its maximum period. ART. 59. PENALTY TO BE IMPOSED IN CASE OF FAILURE TO COMMIT THE CRIME BECAUSE THE MEANS EMPLOYED OR THE AIMS SOUGHT ARE IMPOSSIBLE The penalty for impossible crime is Arresto Mayor (imprisonment of 1 mo and 1 day to 6 mos) or fine ranging from 200-500pesos. BASIS FOR THE IMPOSITION OF PROPER PENALTY 1. Social danger; and 2. Degree of criminality shown by the offender ART. 61. RULES OF GRADUATING PENALTIES According to Arts. 50-57, the penalty prescribed by law for the felony shall be lowered by one or two degrees, as follows: 1. For the principal in frustrated felony one degree lower; 2. For the principal in attempted felony two degrees lower; 3. For the accomplice in consummated felony one degree lower; 4. For the accessory in consummated felony two degrees lower; DIAGRAM OF THE APPLICATION OF ARTS. 50- 57:
CONSUMMATED Prin Accom Acces 0 1 2 FRUSTRATED 1 2 3 ATTEMPTED 2 3 4
CONTINUED CRIME
1. There is a series of acts performed by the offender 2. The different acts constitute only one crime, all of the acts performed arise from one criminal resolution
ART. 49 PENALTY TO BE IMPOSED UPON THE PRINCIPALS WHEN THE CRIME COMMITTED IS DIFFERENT FROM THAT INTENDED RULES: 1. If the penalty for the felony committed be higher than the penalty for the offense which the accused intended to commit, the lower penalty shall be imposed in its maximum period. 2. If the penalty for the felony committed be lower than the penalty for the offense which the accused intended to commit, the lower penalty shall be imposed in its maximum period. 3. 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, the penalty for the attempted
CHAIRPERSONS
In this diagram, 0 represents the penalty prescribed by law in defining a crime, which is to be imposed on the principal in a consummated offense, in accordance with the provisions of Art. 64. The other figures represent the degrees to which the penalty must be lowered, to meet the different situations anticipated by law.
AND
SUBJECT
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
45
CRIMINAL LAW
ART. 62. EFFECTS OF THE ATTENDANCE OF MITIGATING OR AGGRAVATING CIRCUMSTANCES AND OF HABITUAL DELIQUENCY EFFECTS: 1. Aggravating circumstances (generic and specific) have the effect of increasing the penalty, without however exceeding the maximum period provided by law. 2. Mitigating circumstances have the effect of diminishing the penalty. 3. Habitual delinquency has the effect, not only of increasing the penalty because of recidivism which is generally implied in habitual delinquency, but also of imposing an additional penalty. REQUISITES OF HABITUAL DELIQUENCY: 1. that the offender had been convicted of any of the crimes of serious or less serious physical injuries, robbery, theft, estafa or falsification. 2. that after conviction or after serving his sentence, he again committed, and, within 10 years from his last release of first conviction, he was again convicted of any of the said crimes for the second time. 3. that 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, the third time or oftener. Habituality distinguished from recidivism HABITUAL RECIDIVISM DELIQUENCY
As to their EFFECTS
ART. 63 RULES FOR THE APPLICATION OF INDIVISIBLE PENALTIES OUTLINE OF THE RULES: 1. When the penalty is single indivisible, it shall be applied regardless of any mitigating (except if privilege mitigating) or aggravating circumstances. 2. When the penalty is composed of two indivisible penalties, the following rules shall be observed: a) When there is only one aggravating circumstance, the greater penalty shall be imposed. b) When there is neither mitigating nor aggravating circumstances, the lesser penalty shall be imposed. c) When there is a mitigating circumstance and no aggravating circumstance, the lesser penalty shall be imposed.
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d)
When both mitigating and aggravating circumstances are present, the court shall allow them to offset one another.
guilty of the offense charged, is not sentenced to any penalty. The sentence is suspended and he is ordered committed to the reformatory institution, IF, his application therefore is approved by the court.
ART. 64 RULES FOR THE APPLICATION OF PENALTIES, WHICH CONTAIN THREE PERIODS CASES IN WHICH MITIGATING AND AGGRAVATING CIRCUMSTANCES ARE NOT CONSIDERED IN THE IMPOSITION OF PENALTY: 1. When the penalty is single and indivisible (except if privileged mitigating) 2. In felonies through negligence 3. When the penalty is only a fine imposed by an ordinance 4. When the penalties are prescribed by special laws ART. 66. IMPOSITION OF FINES OUTLINE OF THE PROVISION: 1. The court can fix any amount of the fine within the limits established by law. 2. The court must consider: (1) the mitigating and aggravating circumstances; and (2) more particularly, the wealth or means of the culprit. 3. The court may also consider: (1) the gravity of the crime committed; (2) the heinousness of it s perpetration; and (3) the magnitude of its effects on the offenders victims. ART. 68. PENALTY TO BE IMPOSED UPON A PERSON UNDER EIGHTEEN YEARS OF AGE APPLICATION OF ART. 68: This article is not immediately applicable to a minor under 18 years of age, because such minor, if found
CHAIRPERSONS
SUBJECT
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
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CRIMINAL LAW
ART. 72. PREFERENCE IN THE PAYMENT OF CIVIL LIABILITIES Civil liability is satisfied by following the chronological order of the dates of the final judgment.
Section Three Provisions common in the last two preceding sections (Arts. 73-77) ART. 77. WHEN THE PENALTY IS A COMPLEX ONE COMPOSED OF THREE DISTINCT PENALTIES COMPLEX PENALTY - is a penalty prescribed by law composed of three distinct penalties, each forming a period: the lightest of them shall be the minimum, the next the medium, and the most severe the maximum period. INDETERMINATE SENTENCE LAW (ISL) Act No. 4103 as amended by Act No. 4225 CONCEPT OF INDETERMINATE SENTENCE is a sentence with a minimum term and a maximum term which, the court is mandated to impose for the benefit of a guilty person who is not disqualified therefore, when the maximum imprisonment exceeds one (1) year. It applies to both violations of Revised Penal Code and special laws. A. SENTENCE IN THE ISL In imposing a prison sentence for an offense punished by the Revised Penal Code or special penal laws, the court shall sentence the accused to an indeterminate sentence, which has a maximum and a minimum term based on the penalty actually imposed.
IF THE PENALTY IS IMPOSED BY THE RPC: 1. The Maximum Term is that which could be properly imposed under the RPC, considering the aggravating and mitigating circumstances. 2. The MinimumTerm is within the range of the penalty one degree lower than that prescribed by the RPC, without considering the circumstances. BUT when there is a privileged mitigating circumstance, so that the penalty has to be lowered by one degree, the STARTING POINT for determining the minimum term of the indeterminate penalty is the penalty next lower than that prescribed by the Code for the offense. II. IF THE PENALTY IS IMPOSED BY SPECIAL PENAL LAW a) The Maximum Term must not exceed the maximum term fixed by said law. b) The Minimum Term must not be less than the minimum term prescribed by the same.
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6. escaped from confinement, or evaded sentence 7. granted with conditional pardon by the President, but violated the terms thereof 8. maximum term of imprisonment does not exceed 1 year 9. sentenced to the penalty of destierro or suspension only C. RELEASE OF THE PRISONER ON PAROLE The Board of Pardons and Parole may authorize the release of a prisoner on parole, after he shall have served the minimum penalty imposed on him, provided that: a) Such prisoner is fitted by his training for release, b) There is reasonable probability that he will live and remain at liberty without violating the law, c) Such release will not be incompatible with the welfare of society. D. ENTITLEMENT TO FINAL RELEASE AND DISCHARGE If during the period of surveillance such paroled prisoner shall: (a) show himself to be a law abiding citizen and, (b) shall not violate any law, the Board may issue a final certification in his favor, for his final release and discharge. E. SANCTION FOR VIOLATION OF CONDITIONS OF THE PAROLE When the paroled prisoner shall violate any of the conditions of his parole: (a) the Board may issue an order for his arrest, and thereafter, (b) the prisoner shall serve the remaining unexpired portion of the maximum sentence for which he was originally committed to prison. F. REASONS FOR FIXING THE MAXIMUM AND MINIMUM TERMS IN THE INDETERMINATE SENTENCE The minimum and maximum terms in the IS must be fixed, because they are the basis for the following: 1. Whenever a prisoner has: (a) served the MINIMUM penalty imposed on
CHAIRPERSONS
him, and (b) is fit for release of the prisoner on parole, upon terms and conditions prescribed by the Board. 2. But when the paroled prisoner violates any of the conditions of his parole during the period of surveillance, he may be rearrested to serve the remaining unexpired portion of the MAXIMUM sentence. 3. Even if a prisoner has already served the MINIMUM, but he is not fitted for release on the parole, he shall continue to serve until the end of the MAXIMUM term. THE CHILD AND YOUTH WELFARE CODE (PD 603, as amended) Who is a Youthful Offender? A youthful offender is a child, minor, or youth, including one who is emancipated in accordance with law, who is over nine years but under eighteen years of age at the time of the commission of the offense. A child nine years of age or under at the time of the commission of the offense shall be exempt from criminal liability and shall be committed to the care of his or her father or mother, or nearest relative or family friend in the discretion of the court and subject to its supervision The same shall be done for a child over nine years and under fifteen years of age at the time of the commission of the offense, unless he acted with discernment, in which case he shall be proceeded against in accordance with Article 192.
SUBJECT
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
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CRIMINAL LAW
(PD 968, AS AMENDED) A. CONCEPT PROBATION is 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.
B. APPLICATION This shall apply to all offenders except those entitled to benefits under PD 603 and similar laws. C. RULES ON GRANT OF PROBATION 1. After having convicted and sentenced a defendant, the trial court MAY SUSPEND the execution of the sentence, and place the defendant on probation, upon APPLICATION by the defendant within the period for perfecting an appeal. 2. Probation may be granted whether the sentence imposed a term of imprisonment or fine only. 3. NO application for probation shall be entertained or granted if the defendant has PERFECTED AN APPEAL from the judgment of conviction. 4. Filing of application for probation operates as a WAIVER OF THE RIGHT TO APPEAL. 5. The application shall be filed with the trial court, and the order granting or denying probation shall NOT BE APPEALABLE. 6. Accessory penalties are deemed suspended once probation is granted. D. POST-SENTENCE INVESTIGATION The convict is not immediately placed on probation. There shall be a prior investigation by the probation officer and a determination by the court. E. CRITERIA FOR PLACING OFFENDER ON PROBATION AN
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The court shall consider: 1. All information relative to the character, antecedents, environment, mental, and physical condition of the offender. 2. Available institutional and community resources. F. PROBATION SHALL BE DENIED IF THE COURT FINDS THAT: 1. The offender is in need of correctional treatment that can be provided effectively by his commitment to an institution. 2. There is undue risk of committing another crime. 3. Probation will depreciate the seriousness of the offense committed. G. DISQUALIFIED OFFENDERS THE BENEFITS OF THE DECREE SHALL NOT BE EXTENDED TO THOSE: 1. Sentenced to serve a maximum term of imprisonment of more the 6 years. 2. Convicted of subversion or any crime against the national security or the public order. 3. Previously convicted by final judgment of an offense punished by imprisonment of not less than 1 month and 1 day and/or a fine not less than P200. 4. Once placed on probation. H. CONDITIONS OF PROBATION 2 KINDS OF CONDITIONS IMPOSED: 1. Mandatory or general once violated, the probation is cancelled. They are: a) Probationer: Presents himself to the probation officer designated to undertake his supervision, at such place as may be specified in the order, within 72 hours from receipt of order; b) He reports to the probation officer at least once a month. 2. Discretionary or special additional conditions listed, which the courts may additionally impose on the probationer towards his correction
CHAIRPERSONS
and rehabilitation outside prison. HOWEVER, the enumeration is not inclusive. Probation statutes are liberal in character and enable the courts to designate practically ANY term it chooses, as long as the probationers Constitutional rights are not jeopardized. Also, they must not be unduly restrictive of probationer, and not incompatible with the freedom of conscience of probationer.
I. PERIOD OF PROBATION FOR HOW LONG MAY A CONVICT BE PLACED ON PROBATION? 1. If the convict is sentenced to a term of imprisonment of NOT more than one year, the period of probation shall not exceed 2 years. 2. In all other cases, if he is sentenced to more than one year, said period shall not exceed 6 years. 3. When the sentence imposes a fine only and the offender is made to serve subsidiary imprisonment. The period of probation shall be twice the total number of days of subsidiary imprisonment. J. ARREST OF PROBATIONER AND SUBSEQUENT DISPOSITIONS 1. At any time during probation, the court may issue a warrant for the ARREST of a probationer for any serious violation of the conditions of probation. 2. If violation is established, the court may (a) REVOKE his probation, or (b) continue his probation and MODIFY the conditions thereof. This order is not appealable. 3. If revoked, the probationer shall SERVE the sentence originally imposed. K. TERMINATION OF PROBATION The court may order the final discharge of the probationer upon finding that, he has fulfilled the terms and conditions of his probation.
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SUBJECT
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
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CRIMINAL LAW
of
1. 2. 3.
Chapter One: Total Extinction Criminal Liability (Arts. 89-93) ART. 89. CRIMINAL LIABILITY IS TOTALLY EXTINGUISHED
HOW CRIMINAL LIABLITY TOTALLY EXTINGUISHED: 1. By the DEATH of the convict as to personal penalties; BUT as to pecuniary penalties, liability is extinguished only when the death of the offender occurs before or after final judgment 2. By SERVICE OF SENTENCE; 3. By AMNESTY, which completely extinguishes the penalty and all its effects. 4. By ABSOLUTE PARDON 5. By PRESCRIPTION OF THE CRIME 6. By PRESCRIPTION OF PENALTY 7. By MARRIAGE OF THE OFFENDED WOMAN with the offender in the crimes of rape, seduction, abduction, and acts of lasciviousness. In the crimes of rape, seduction, abduction, and acts of lasciviousness, the marriage, as provided under Art 344, must be contracted in good faith. AMNESTY is an act of the sovereign power granting oblivion or general pardon for a past offense, and is rarely if ever exercised in favor of a single individual, and is usually extended in behalf of certain classes of persons who are subject to trial but have not yet been convicted. PARDON is an act of grace, proceeding from the power entrusted with the execution of the laws, which exempts the individual on whom it is bestowed from the punishment the law inflicts for the crime he has committed. Pardon distinguished from amnesty PARDON AMNESTY
1. Includes crime and exercised any is 1. A blanket pardon to classes of persons or communities who
Chapter Five: Execution and Service of Penalties (Arts. 78-88) ART. 83. SUSPENSION OF THE EXECUTION OF THE DEATH SENTENCE Death sentence shall be suspended when accused is a: 1. Woman, while pregnant, 2. Woman, within one year after delivery, 3. Person over 70 years of age; 4. Convict who becomes insane, after final sentence of death has been pronounced. ART. 87. DESTIERRO ONLY IN THE FOLLOWING CASES IS DESTIERRO IMPOSED: 1. Death or serious physical injuries is caused or are inflicted under exceptional circumstances (Art. 247);
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individually by the President 2. Exercised when the person is already convicted 3. Merely looks FORWARD and relieves the offender from the consequences of an offense of which he has been convicted; it does not work for the restoration of the rights to hold public office, or the right of suffrage, unless such rights are expressly restored by means of pardon. 4. Does not alter the fact that the accused is a recidivist as it produces only the extinction of the personal effects of the penalty.
may be guilty of political offenses. 2. May be exercised even before trial or investigation is had 3. Looks BACKWARD and abolishes and puts into oblivion the offense itself; it so overlooks and obliterates the offense with which he is charged that the person released by amnesty stands before the law precisely as though he had committed no offense.
by arresto mayor which shall prescribe in 5 years. When the penalty fixed by law is a compound one, the highest penalty shall be made the basis of the application of the rules contained above. 2. Crime of libel 1 year 3. Offenses of oral defamation and slander by deed 6 months 4. Light offenses 2 months Prescription of the penalty is the loss or forfeiture of the right of the government to execute the final sentence, after the lapse of a certain time.
4. Makes an exconvict no longer a recidivist, because it obliterates the last vestige of the crime.
PRESCRIPTIVE PERIODS OF PENALTIES: 1. Death and reclusin perpetua 20 years 2. Other afflictive penalties 15 years 3. Correctional penalties 10 years except for the penalty of arresto mayor which prescribes in 5 years. 4. Light penalties 1 year ART. 93. COMPUTATION OF THE PRESCRIPTION OF PENALTIES OUTLINE 1. Period of prescription commences to run from the date when the culprit evaded the service of his sentence. 2. It is interrupted when the convict a) gives himself up, b) is captured, c) goes to a foreign country with which we have no extradition treaty, or d) commits any crime before the expiration of the period of prescription. ELEMENTS 1. That the penalty is imposed by final judgment 2. That the convict evaded the service of his sentence by escaping during the term of his sentence
SUBJECT
Prescription of the crime is the forfeiture or loss of the right of the State to prosecute the offender, after the lapse of a certain time. PRESCRIPTIVE PERIODS OF CRIMES: 1. Crimes punishable by a) Death, reclusin perpetua or reclusin temporal 20 years b) afflictive penalties 15 years c) correctional penalties 10 years except those punishable
CHAIRPERSONS
AND
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
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CRIMINAL LAW
provision of the Indeterminate Sentence Law 2. For violation of the terms of the parole, the convict CANNOT BE PROSECUTED UNDER ART. 159 OF THE RPC, he can be re-arrested and reincarcerated to serve the unserved portion of his original penalty.
TITLE FIVE: CIVIL LIABILITY Chapter One: Persons Civilly Liable for Felonies (Arts. 100-103) ART. 100. CIVIL LIABILITY OF A PERSON GUILTY OF FELONY A CRIME HAS A DUAL CHARACTER: 1. As an offense against the state, because of the disturbance of the social order; and 2. As an offense against the private person injured by the crime, UNLESS it involves the crime of treason, rebellion, espionage, contempt, and others wherein no civil liability arises on the part of the offender, either because there are no damages to be compensated or there is no private person injured by the crime. EFFECT OF ACQUITTAL Extinction of the penal action does NOT carry with it extinction of the civil; UNLESS the extinction proceeds from a declaration in a final judgment that the fact from which the civil liability might arise did not exist. (See Section 1, Rule 111 of the 2000 Rules on Criminal Procedure. Civil liability arising from other sources of obligations is not impliedly instituted with the criminal action). EFFECT OF DISMISSAL OF CASE The dismissal of the information or the criminal action does NOT affect the right of the offended party to institute or continue the civil action already instituted arising from the offense, because such dismissal or extinction of the penal action does not carry with it the extinction of the civil action.
5.
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EFFECT OF DEATH OF THE OFFENDER If the offender dies prior to the institution of the action or prior to the finality of judgment, civil liability exdelicto is extinguished. (DE GUZMAN vs. PEOPLE OF THE PHILIPPINES, G.R. No. 154579. October 8, 2003) In all these cases, civil liability from sources other than delict are not extinguished.
ART. 101. RULES REGARDING CIVIL LIABILITY IN CERTAIN CASES - Civil liability is still imposed in cases falling under exempting circumstances EXCEPT: 1. No civil liability in paragraph 4 of Art. 12 which provides for injury caused by mere accident. 2. No civil liability in paragraph 7 of Art. 12 which provides for failure to perform an act required by law when prevented by some lawful or insuperable cause. - No civil liability is imposed in cases falling under justifying circumstances EXCEPT: under paragraph 4, where a person does an act, causing damage to another, in order to avoid evil or injury, the person benefited by the prevention of the evil or injury shall be civilly liable in proportion to the benefit he received. ART. 102. SUBSIDIARY LIABILITY OF INNKEEPERS, TAVERNKEEPERS, AND PROPRIETORS OF ESTABLISHMENTS ELEMENTS UNDER PARAGRAPH 1 1. That the innkeeper, tavernkeeper or proprietor of establishment or his employee committed a violation of municipal ordinance or some general or special police regulation. 2. That the crime is committed in such inn, tavern or establishment.
ELEMENTS UNDER PARAGRAPH 2 1. That the guests notified in advance the innkeeper or the person representing of the deposit of their goods within the inn or house. 2. The guests followed the directions of the innkeeper or his representative with respect to the care of and vigilance over such goods. 3. Such goods of the guests lodging therein were taken by robbery with force upon things or theft committed within the inn or house. ART. 103. SUBSIDIARY CIVIL LIABILITY OF OTHER PERSONS ELEMENTS 1. The employer, teacher, person, or corporation is engaged in any kind of industry. 2. Any of their servants, pupils, workmen, apprentices, or employees commits a felony while in the discharge of his duties. 3. The said employee is insolvent and has not satisfied his civil liability. Chapter Two: What Civil Includes (Arts. 104-111) Liability
ART. 104. WHAT IS INCLUDED IN CIVIL LIABILITY RESTITUTION restitution of the thing itself must be made whenever possible even when found in the possession of a third person except when acquired by such person in any manner and under the requirements which, by law, bar an action for its recovery. REPARATION OF DAMAGES reparation will be ordered by the court if
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SUBJECT
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
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CRIMINAL LAW