Criminal Law branch or division of law which defines crimes, treats of their nature, and provides for their punishment.

Crime defined as an act committed or omitted in violation of a public law forbidding or commanding it.

Limitations Ex post facto law and bill of attainder Due process and equal protection

Characteristics General Criminal law is biding on all persons who live and or sojourn in Philippine territory. (Art. 14, NCC) Civil courts have concurrent jurisdiction with the military courts or general courts-martial over soldiers of the AFP. (In times of war: Provided that in the place of the commission of the crime no hostilities are in progress and civil courts are functioning.) RPC and other penal law do not apply when military courts take cognizance of the case. (Articles of War apply) Military courts has jurisdiction over service-connected offenses. Prosecution of an accused before a court-martial is a bar to another prosecution for the same offense. Offenders accused of war crimes are triable by military commission. (Military Commission has jurisdiction so long as a technical state of war continues.) Exception, Art. 2, RPC, subject to the principles of public international law and treaty stipulations. Persons exempt: (1) Sovereigns and chiefs of state. (2) Ambassadors, ministers, plenipotentiary, ministers resident, and charges daffaires. Territorial criminal laws undertake to punish crimes committed within Philippine territory. The national territory comprises the Philippine archipelago, with all the islands and waters embraced therein, and all other territories over which the Philippines has sovereignty or jurisdiction, consisting of its terrestrial, fluvial and aerial domains, including its territorial sea, the seabed, the subsoil, the insular shelves, and other submarine areas. The waters around, between, and connecting the islands of the archipelago, regardless of their breadth and dimensions, form part of the internal waters of the Philippines. (Art. 2, 1987 Constitution) Application of its provisions. Except as provided in the treaties and laws of preferential application, the provisions of this Code shall be enforced not only within the Philippine Archipelago, including its atmosphere, its interior waters and maritime zone, but also outside of its jurisdiction, against those who:1. Should commit an offense while on a Philippine ship or airship2. Should forge or counterfeit any coin or currency note of the Philippine Islands or obligations and securities issued by the Government of the Philippine Islands;3. Should be liable for acts connected with the introduction into these islands of the obligations and securities mentioned in the presiding number;4. While being public officers or employees, should commit an offense in the exercise of their functions; or5. Should commit any of the crimes against national security and the law of nations, defined in Title One of Book Two of this Code. (Art 2, RPC) Prospective a penal law cannot make an act punishable in a manners in which it was not punishable when committed. Application of laws enacted prior to this Code. Without prejudice to the provisions contained in Article 22 of this Code, felonies and misdemeanors, committed prior to the date of effectiveness of this Code shall be punished in accordance with the Code or Acts in force at the time of their commission. (Art 366, RPC) Exception: whenever a new statute dealing with crime establishes conditions more lenient or favorable to the accused, it can be given retroactive effect. Exception to the Exception: (1) where the new law is expressly made inapplicable to pending actions or existing causes of action. (2) where the offender is a habitual criminal under Rule 5, Article 62 of the RPC. (For the purpose of this article, a person shall be deemed to be habitual delinquent, is 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, robo, hurto, estafa or falsification, he is found guilty of any of said crimes a third time or oftener.) Effects: Lower Penalty = Apply NEW law, Higher Penalty = OLD law applies, Total Repeal = crime is Obliterated. When a new law and the old law penalize the same offense, the offender can be tried under the old law. When the repealing law fails to penalize the offense under the old law, the accused cannot be convicted under the new law. A person erroneously accused and convicted under a repealed statute may be punished under the repealing statute. The fact that the offender was erroneously accused and convicted under a statute which had already been repealed and therefore no longer existed at the time the act complained of was committed does not prevent conviction under the repealing statute which punished the same act, provided the accused had an opportunity to defend himself against the charge brought against him. A new law, which omits anything contained in the old law dealing on the same subject, operates as a repeal of anything not so included in the amendatory act. (cessante ratione legis cessat ipsa lex, the reason of the law ceasing, the law itself also ceases)

Construction of Penal Laws Penal laws are strictly construed against the government and liberally in favor of the accused. (Applicable only when the law is ambiguous and there is doubt as to its interpretation.) In the construction and interpretation of the provisions of the RPC, the Spanish text is controlling, because it was approved by the Philippine Legislature in its Spanish text. No person should be brought within the terms of criminal statutes who is not clearly within them, nor should any act be pronounced criminal which is not clearly made so by the statute.

Basis Classical theory basis of criminal liability is human free will and the purpose of the penalty is retribution. Positivist theory human is naturally good, but is subdued by a strange and morbid phenomenon which constrains him to do wrong, in spite of or contrary to his violation, the purpose of penalty is reformation.

Application Offenses committed on the high seas on board a foreign merchant vessel is not triable by our courts. Offenses committed on board a foreign merchant vessel while on Philippine waters in triable before our courts. Transitory offense - crimes where some acts material and essential to the crimes and requisite to their commission occur in one municipality or territory and some acts are done in another place. Continuingoffense:consummatedinoneplace,yetbynature of the offense, the violation of the law is deemed continuing. English Rule such crimes are triable in that country, unless they merely affect things within the vessel or they refer to internal management thereof. Crimes not involving a breach of public order committed on board a foreign merchant vessel in transit no triable by our courts. Smoking opium constitutes a breach of public order. Philippine courts have no jurisdiction over offense committed on board foreign warships in territorial waters. RA 9372 - AN ACT TO SECURE THE STATE AND PROTECT OUR PEOPLE FROM TERRORISMa. Article 122 (Piracy in General and Mutiny in the High Seas or in the Philippine Waters);b. Article 134 (Rebellion or Insurrection);c. Article 134-a (Coup d' Etat), including acts committed by private persons;d. Article 248 (Murder);e. Article 267 (Kidnapping and Serious Illegal Detention);f. Article 324 (Crimes Involving Destruction), or under1. Presidential Decree No. 1613 (The Law on Arson);2. Republic Act No. 6969 (Toxic Substances and Hazardous and Nuclear Waste Control Act of 1990);3. Republic Act No. 5207, (Atomic Energy Regulatory and Liability Act of 1968);4. Republic Act No. 6235 (Anti-Hijacking Law);5. Presidential Decree No. 532 (Anti-Piracy and Anti-Highway Robbery Law of 1974); and,6. Presidential Decree No. 1866, as amended (Decree Codifying the Laws on Illegal and Unlawful Possession, Manufacture, Dealing in, Acquisition or Disposition of Firearms, Ammunitions or Explosives)Thereby sowing and creating a condition of widespread and extraordinary fear and panic among the populace, in order to coerce the government to give in to an unlawful demand shall be guilty of the crime of terrorism and shall suffer the penalty of forty (40) years of imprisonment, without the benefit of parole as provided for under Act No. 4103, otherwise known as the Indeterminate Sentence Law, as amended.Subject to the provision of an existing treaty of which the Philippines is a signatory and to any contrary provision of any law of preferential application, the provisions of this Act shall apply: (1) to individual persons who commit any of the crimes defined and punished in this Act within the terrestrial domain, interior waters, maritime zone, and airspace of the Philippines; (2) to individual persons who, although physically outside the territorial limits of the Philippines, commit, conspire or plot to commit any of the crimes defined and punished in this Act inside the territorial limits of the Philippines; (3) to individual persons who, although physically outside the territorial limits of the Philippines, commit any of the said crimes on board Philippine ship or Philippine airship; (4) to individual persons who commit any of said crimes within any embassy, consulate, or diplomatic premises belonging to or occupied by the Philippine government in an official capacity; (5) to individual persons who, although physically outside the territorial limits of the Philippines, commit said crimes against Philippine citizens or persons of Philippines descent, where their citizenship or ethnicity was a factor in the commission of the crime; and (6) to individual persons who, although physically outside the territorial limits of the Philippines, commit said crimes directly against the Philippine government.

Felonies are acts and omissions punishable by the RPC. Definition Acts and omissions punishable by law are felonies (delitos).Felonies are committed not only by means of deceit (dolo) but also by means of fault (culpa).There is deceit when the act is performed with deliberated intent; and there is fault when the wrongful act results from imprudence, negligence, lack of foresight, or lack of skill. (Art.3,RPC) Elements: (1) there must be an act or omission, (2) the act or omission must be punishable by the RCP, (3) the act is performed or the omission incurred by means of dolo or culpa. Act = external act Omission = inaction Punishable by law (nullum crimen, nulla poena sine lege, there is no crime where there is no law punishing it.)

Intentional FeloniesCulpable Felonies

Act or omission of the offender is malicious.Act or omission is not malicious.

Act is performed with deliberate intent.Injury caused by the offender in unintentional.

The offender, in performing the act or in incurring the omission, has the intention to cause an injury to another.An incident of another act performed without malice. The wrongful act results from imprudence, negligence, law or foresight or lack of skill.

A person who causes an injury, without intention to cause an evil, may be help liable for culpable felony. Imprudence deficiency of action, failure to take necessary precaution to avoid injury. Negligence deficiency of perception, failure to pay proper attention and use due diligence in foreseeing the injury or damage impending to be caused. Acts executed negligently are voluntary. Requisites of dolo or malice (1) he must have FREEDOM while doing an act or omitting to do an act; (2) he must have INTELLIGENCE while doing the act or omitting to do an act; (3) he must have INTENT while doing the act or omitting to do the act. A voluntary act is free, intelligent, and intentional act. Intent presupposes the exercise of freedom and the use of intelligence. The existence of intent is shown by the overt acts of a person. Criminal intent and the will to commit a crime are always presumed to exist on the part of the person who executes an act, which the law punishes, unless the contrary shall appear. The presumption of criminal intent does not arise from the proof of the commission of an act, which is not unlawful. (Actus non facit reum, nisi mens sit rea, a crime is not committed if the mind of the person performing the act complained be innocent. It is true that a presumption of criminal intent may arise from proof of the commission of a criminal act; and the general rule is that if it is proved that the accused committed the criminal act charged, it will be presumed that the act was done with criminal intention and that it is for the accused to rebut the presumption. But it must be borne in mind that the act from which such presumption springs must be a criminal act. Ignorance or mistake of fact relieves the accused from criminal liability. Mistake of fact is a misapprehension of fact on the part of the person who caused injury to another. He is not, however, criminally liable, because he did not act with criminal intent. Hones mistake of fact destroys the presumption of criminal intent, which arises upon the commission of a felonious act. Requisites of MOF (1) that the act done would have been lawful had the facts been as the accused believed them to be; (2) that the intention of the accused in performing the act should be lawful; (3) that the mistake must be without fault or carelessness on the part of the accused. Lack of intent to commit a crime may be inferred from the facts of the case. Lack of intent to kill the deceased, because his intention was to kill another, does not relieve the accused from criminal responsibility. Criminal intent is necessary in felonies committed by means of dolo. (Actus non facit reum nisi mens sit rea, the act itself does not make a man guilty unless his intentions were so.) (Actus me invite factus non est meus actus, an act done by me against my will is not my act.) Requisites of fault or culpa (1) he must have FREEDOM while doing an act or omitting to do an act; (2) he must have INTELLIGENCE while doing the act or omitting to do an act; (3) he is IMPRUDENT, NEGLIGENT or LACKS FORESIGHT or SKILL while doing the act or omitting to do the act. In culpable felonies, the injury caused to another should be unintentional, it being simply the incident of another act performed without malice. Mistake in the identity of the intended victim is not reckless imprudence. Where such an unlawful act is willfully done, a mistake in the identity of the intended victim cannot be considered as reckless imprudence.

Mala In SeMala Prohibita

Wrongful from their natureWrongful merely because prohibited by statute.

Are those so serious in their effects on society as to call for almost unanimous condemnation of its membersAre violations of mere rules of convenience designed to secure a more orderly regulation of the affairs in the society.

Intent governsThe only inquiry is, has the law been violated?

Refers generally to felonies defined and penalized by the RPC.Refers generally to acts made criminal by special laws.

A person causing damage or injury to another, without malice or fault, is not criminally liable under the RPC. In such case, he is exempt from criminal liability, because he causes an injury by mere accident, without fault or intention of causing it. (The act performed must be lawful) Dolo not required in crimes punished by special laws. It is sufficient that the offender has the intent to perpetrate the act prohibited by the special law. It is enough that the prohibited act is done freely and consciously. In those crimes punished by special laws, the act alone, irrespective of its motives, constitutes the offense. When the doing of an act is prohibited by a special law, it is considered that the act is injurious to public welfare and the doing of the prohibited act is the crime itself. Good faith and absence of criminal intent not valid defenses in crimes punished by special laws. When the acts are inherently immoral, they are mala in se, even if punished under special law. Motive is the moving power, which impels one to act for a definite result. Intent is the purpose to use a particular means to effect such result. Motive is not an essential element of crime, and, hence, need not be proved for the purpose of conviction. Where the identity of a person accused of having committed a crime is in dispute, the motive may have impelled its commission is very relevant. Generally, proof of motive not necessary to pin a crime on the accused if the commission of the crime has been proven and the evident of identification is convincing. Motive is essential only when there is doubt as to the identity of the assailant. It is immaterial when the accused has been positively identified. Where the defendant admits the killing, it is no longer necessary to inquire into his motive for doing the act. Motive is important in ascertaining the truth between two antagonistic theories or versions of killing. Where the identification of the accused proceeds from an unreliable source and the testimony is inconclusive and not free from doubt, evidence of motive is necessary. Where there are no eyewitnesses to the crime, and where suspicion is likely to fall upon a number of persons, motive is relevant. If the evidence is merely circumstantial, proof of motive is essential. Proof of motive is not indispensable where guilt is otherwise established by sufficient evidence. Generally, the motive is established by the testimony of witnesses on the acts or statements of the accused before or immediately after the commission of the offense. Such deeds or words may indicate the motive. Disclosure of the motive is an aid in completing the proof of the commission of the crime. Proof of motive alone is not sufficient to support a conviction. Lack of motive may be an aid in showing innocence of the accused.

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

One who commits an intentional felony is responsible for all the consequences, which may naturally and logically result therefrom, whether foreseen or intended or not. (Par1,Art.4,RPC) (El que es causa de la causa es causa del mal causado, he who is the cause of the cause is the cause of the evil caused.) Committing a felony punishable by the RPC. When a person has not committed a felony, he is not criminally liable for the result, which is not intended. Although the wrongful act done be different from that which he intended. Error in personae (Mistake in the identity of the victim) Aberratio Ictus (Mistake in the blow) Praeter Intentionem (The injurious result is greater that that intended) Requisites of Par. 1: (1) that an intentional felony has be committed; (2) that the wrong done to the aggrieved party be the direct, natural, and logical consequence of the felony committed by the offender. Any person who creates in anothers mind an immediate sense of danger, which causes the latter to do something resulting in the latters injuries, is liable for the resulting injuries. Felony committed must be the proximate cause of the resulting injury. Not proximate cause when: (1) there is an active force that intervened between the felony committed and the result injury, and the active force is a distinct act or fact absolutely foreign from the felonious act of the accused; (2) the resulting injury is due to the intentional acts of the victim. Unskillful and improper treatment may be an active force, but it is not a distinct act or fact absolutely foreign from the criminal act. The offender is criminally liable for the death of the victim if his delictual act caused, accelerated or contributed to the death of the victim. Not efficient intervening causes: (1) the weak or diseased physical condition of the victim, (2) the nervousness or temperament of the victim, (3) Causes which are inherent in the victim, (4) neglect of the victim or third person, (5) erroneous or unskillful medical or surgical treatment. Death is presumed to be the natural consequence of physical injuries inflicted when: (1) that the victim at the time the physical injuries were inflicted was in normal health. (2) that death may be expected from the physical injuries inflicted. (3) that death ensued within a reasonable time. If the consequences produced have resulted from a distinct act or fact absolutely foreign from the criminal act, the offender is not responsible for such consequences. A supervening event may be the subject of amendment of the original information or of a new charge without double jeopardy. Impossible Crimes the commission of an impossible crime is indicative of criminal propensity or criminal tendency on the part of the actor. Requisites: (1) the act performed would be an offense against persons or property, (2) that the act done was with evil intent, (3) that its accomplishment is inherently impossible, or that the means employed is either inadequate or ineffectual, (4) that the act performed should not constitute a violation of another provision of the RPC. Offender intends to commit a felony against persons or property, and the act performed would have been an offense. But a felony should not be actually committed, for; otherwise, he would be liable for that felony. If the act performed would be an offense other that a felony against persons or against property, there is no impossible crime. The act done was done with EVIL INTENT. Inherent Impossibility the act intended by the offender is by its nature one of impossible accomplishment. There must either be (1) legal impossibility or (2) physical impossibility. Employment of inadequate means. But where the means employed is adequate and the result expected in not produced, it is not an impossible crime, but a frustrated felony.

Duty of the CourtDuty of the court in connection with acts which should be repressed but which are not covered by the law, and in cases of excessive penalties. Whenever a court has knowledge of any act which it may deem proper to repress and which is not punishable by law, it shall render the proper decision, and shall report to the Chief Executive, through the Department of Justice, the reasons which induce the court to believe that said act should be made the subject of legislation.In the same way, the court shall submit to the Chief Executive, through the Department of Justice, such statement as may be deemed proper, without suspending the execution of the sentence, when a strict enforcement of the provisions of this Code would result in the imposition of a clearly excessive penalty, taking into consideration the degree of malice and the injury caused by the offense. (Art.5,RPC) Acts which should be repressed but which are not covered by the law, requisites: (1) the act committed by the accused appears not punishable by any law; (2) but the court deems it proper to repress such act; (3) in that case, the court must render the proper decision by dismissing the case and acquitting the accused; (4) the judge must then make a report to the Chief Executive, through the Secretary of Justice, stating the reason which induce him to believe that the said act should be made the subject of penal legislation. In cases of excessive penalties, the law requires: (1) the court after trial finds the accused guilty; (2) the penalty provided by law and which the court imposes for the crime committed appears to clearly excessive, because (a) the accused acted with lesser degree of malice and/or (b) there ins no injury or the injury caused is of lesser gravity; (3) the court should not suspend the execution of the sentence; (4) the judge should submit a statement to the Chief Executive, through the Secretary of Justice, recommending executive clemency. The penalties are not excessive when intended to enforce a public policy. It is the duty of judicial officers to respect and apply the law, regardless of their private opinions. 2nd paragraph of Art. 5 have no application to the offense defined and penalized by a special law.

Consummated, Frustrated and Attempted FeloniesConsummated, frustrated, and attempted felonies. Consummated felonies as well as those, which are frustrated and attempted, are punishable.

A felony is consummated when all the elements necessary for its execution and accomplishment are present; and it is frustrated when the offender performs all the acts of execution which would produce the felony as a consequence but which, nevertheless, do not produce it by reason of causes independent of the will of the perpetrator.

There is an attempt when the offender commences the commission of a felony directly or over acts, and does not perform all the acts of execution which should produce the felony by reason of some cause or accident other than this own spontaneous desistance. (Art 6.,RPC)

Development of crime: (1) Internal Acts, (2) External Acts Internal Acts, such as mere ideas in the mind of a person, are not punishable even if, had they been carried out, they would constitute a crime. Mere intention producing no effect is no more a crime than a mere effect without the intention is a crime. External acts cover (a) preparatory acts; (b) acts of execution Preparatory acts ordinarily they are not punishable, except when the law provides for their punishment in certain felonies. Acts of execution - punishable under the RPC. Attempted when the offer begins the commission of a felony directly by overt acts. He has not performed all the acts of execution, which should produce the felony. Elements: (1) the offender commences the commission of the felony directly by overt acts; (2) he does not perform all the acts of execution, which should produce the felony; (3) the offenders act is not stopped by his own spontaneous desistance; (4) the non-performance of all acts of execution was due to cause or accident other than his spontaneous desistence. The external acts must be related to the overt acts (some physical activity or deed, indicating the 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 of the crime the offender intended commit. Drawing or trying to draw a pistol is not an overt act of homicide. Raising a bolo as if to strike the offended party with it is not an overt act of homicide. Overt act may not be by physical activity. External acts mush have a direct connection with the crime intended to be committed by the offender. Indeterminate offense it is one where the purpose of the offender in performing act is not certain. Its nature in relation to its objective is ambiguous. The intention of the accused must be viewed from the nature of the acts executed by him, not form his admission. When there is conspiracy, the rule is the act of one is the act of all. Desistance should be made before all the acts of execution are performed. The desistance which exempts from criminal liability has reference to the crime intended to be committed, and has no reference to the crime actually committed by the offender before his desistance. Subjective phase it is that portion of the acts constituting the crime, starting from the point where the offender begins the commission of the crime to that point where he has still control over his acts, including their natural course. If between these two points the offender is stopped by any cause outside of his own voluntary desistance, the subjective phase has not been passed and it is an attempt. If he is not so stopped but continues until he performs the last act, it is frustrated, provided the crime is not produced. The acts then of the offender reached the objective phase of the crime. Frustrated Felony, Elements: (1) the offender performs all the acts of execution; (2) all the acts performed would produce the felony as a consequence; (3) but the felony is not produced; (4) by reason of causes independent of the will of the perpetrator. The SC in certain cases has emphasized the belief of the accused. Consummated Felony all elements necessary for its execution and accomplishment are present. Manner of Committing the Crime: Formal Crimes consummated in one instant, no attempt. (Slander and false testimony) Crimes consummated by mere attempt or proposal or by over acts. (Flight to enemys country and corruption of minors and treason) Felony by omission, no attempted stage. Crimes requiring the intervention of two persons to commit them are consummated by mere agreement. Material crimes there are three stages of execution. (Rape, murder, etc.) There is no attempted or frustrated impossible crime

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. (Slight Physical Injuries, Theft, Alteration of boundary marks, malicious mischief and intriguing against honor)

When light felonies are punishable. Light felonies are punishable only when they have been consummated, with the exception of those committed against person or property. (Art.7,RPC)

ConspiracyConspiracy and proposal to commit felony. Conspiracy and proposal to commit felony are punishable only in the cases in which the law specially provides a penalty therefor.A conspiracy exists when two or more persons come to an agreement concerning the commission of a felony and decide to commit it.There is proposal when the person who has decided to commit a felony proposes its execution to some other person or persons. (Art.8,RPC)

Conspiracy is not a crime except when the law specifically provides a penalty therefor. RPC provides penalty for mere conspiracy: Commit treason; commit coup detat, rebellion or insurrection; commit sedition. These crimes should not have been actually committed or else conspiracy becomes a manner of incurring criminal liability and not considered a separate offense. The acts of the defendants must show a common design. Period of time to afford opportunity for meditation or reflection, not required in conspiracy. Requisites: (1) that two or more persons came to an agreement; (2) that the agreement concerned the commission of a felony; (3) that the execution of the felony be decided upon. RPC provides penalty for mere proposal: Commit treason; commit coup detat, rebellion or insurrection. Requisites: (1) that a person has decided to commit a felony; (2) that he proposes its execution to some other person or persons. There is no criminal proposal when: (1) the person who proposes it not determined to commit the felony. (2) There is no decided, concrete and formal proposal. (3) It is not the execution of a felony that is proposed. It is not necessary that the person to whom the proposal be made agree to commit treason or rebellion. Proposal as an overt act of corruption of public officer. (Attempted Bribery)

Grace, Less Grave and Light Felonies

Grave felonies, less grave felonies and light felonies. 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 this Code.Capital punishment:Death.Afflictive penalties:Reclusion perpetua, Reclusion temporal, Perpetual or temporary absolute disqualification, Perpetual or temporary special disqualification, Prision mayor.

Less grave felonies are those which the law punishes with penalties which in their maximum period are correctional, in accordance with the above-mentioned article.Correctional penalties:Prision correccional, Arresto mayor, Suspension, Destierro.

Light felonies are those infractions of law for the commission of which a penalty of arresto menor or a fine not exceeding 200 pesos or both; is provided. (Art.9,RPC)Arresto menor, Public censure.

Offenses Not Subject to RPCOffenses not subject to the provisions of this Code. Offenses which are or in the future may be punishable under special laws are not subject to the provisions of this Code. This Code shall be supplementary to such laws, unless the latter should specially provide the contrary. (Art.10,RPC)

First clause is understood to mean that the RPC is not meant to supersede special penal laws. The second clause provides that the RPC shall be supplementary to special laws, unless the latter should specially provide the contrary. The provisions of the RPC on penalties cannot be applied to offenses punishable under special laws. Where the special law adopted penalties from the RPC, the rules for graduating penalties by degrees or determining the proper period should be applied. Art. 6 of RPC cannot be applied to special laws, unless special law provides a penalty therefor. The special law has to fix penalties for attempted and frustrated crimes. This provision is not applicable to punish an accomplice under the special law. Plea of guilty is not mitigating in illegal possession of firearms punished by special law. Special laws amending the RPC are subject to its provisions.

Justifying CircumstancesArticle 11. Justifying circumstances. - The following do not incur any criminal liability:1. Anyone who acts in defense of his person or rights, provided that the following circumstances concur;First. Unlawful aggression.Second. Reasonable necessity of the means employed to prevent or repel it.Third. Lack of sufficient provocation on the part of the person defending himself.

2. Any one who acts in defense of the person or rights of his spouse, ascendants, descendants, or legitimate, natural or adopted brothers or sisters, or his relatives by affinity in the same degrees and those consanguinity within the fourth civil degree, provided that the first and second requisites prescribed in the next preceding circumstance are present, and the further requisite, in case the revocation was given by the person attacked, that the one making defense had no part therein.

3. Anyone who acts in defense of the person or rights of a stranger, provided that the first and second requisites mentioned in the first circumstance of this Article are present and that the person defending be not induced by revenge, resentment, or other evil motive.

4. Any person who, in order to avoid an evil or injury, does not act which causes damage to another, provided that the following requisites are present;First. That the evil sought to be avoided actually exists;Second. That the injury feared be greater than that done to avoid it;Third. That there be no other practical and less harmful means of preventing it.

5. Any person who acts in the fulfillment of a duty or in the lawful exercise of a right or office.

6. Any person who acts in obedience to an order issued by a superior for some lawful purpose.

Unlawful Aggression is indispensable in self-defense. To constitute unlawful aggression, it is necessary that an attack or material aggression, an offensive act positively determining the intent of the aggressor to cause injury, shall have been made. Mere threatening or intimidating attitude is not sufficient. By invoking SD, appellant admits the fact of committing the act; it is incumbent upon him to prove by clear and convincing evidence that he acted in SD. When aggression has ceased to exist, there is no more necessity of SD. The presence of a large number of wounds on the part of the victim negates SD and instead indicates a determined effort on the part of the offender to kill the victim. Reasonableness of the means employed depends upon the circumstances surrounding the aggression, the state of mind of the aggressor and the available weapon at the defenders disposal. What the law requires in rational equivalence. In the natural order of things, following the instinct of self-preservation. Self-preservation is the paramount consideration. Lack of sufficient provocation on the part of the defender shows that there may have been provocation but it should not be sufficient and it must not immediately precede the act. Absence on the part of the person defending. Stand ground when in the right applies when the aggressor is armed with a weapon and is especially more liberal if the person attacked is a peace officer in the performance of his duty. Effect if not all requisites of SD are present: (1) ordinary mitigating circumstance of incomplete SD pursuant to Art. 13(1) if unlawful aggression is present; (2) privileged mitigating circumstance under Art. 69, if 2 requisites are present, which always includes unlawful aggression. Defense of honor encompasses defense of ones chastity or reputation. But there must be imminent and immediate danger of rape to justify killing. Slander may be a necessary means to repel slander. But must only be to the extent necessary to redeem the honor of the defender. The owner or lawful possessor of a thing has the right to exclude any person from the enjoyment and disposal thereof. For this purpose, he may use such force as may be reasonably necessary to repel or prevent an actual or threatened unlawful physical invasion or usurpation of his property. (Art. 429, NCC Self-Help) But not to the extent of taking the offenders life unless there is a like danger posed on the person of the defender. Elements of defense of relatives: (1) and (2), (3) in case the provocation was given by the person attacked, the person defending had no part therein. Defense of relatives beyond the 4th civil degree falls within defense of strangers. Elements of defense of strangers: (1) and (2), (3) the person defending is not induced by revenge, resentment or other evil motives. Battered Woman - is one who is repeatedly subjected to any forceful physical or psychological behavior by a man in order to coerce here to do something he wants her to do without concern for her rights. BW includes wives or women in any form of intimate relationship with men. To be classified as such, the couple must go through the battering cycle at least twice. Battered Woman Syndrome - is characterized by the cycle of violence, which has three phases: Tension-Building Phase minor battering occurs, verbal, physical abuse or other form of hostile behavior. Acute Battering incident the violence spirals out of control, characterized by brutality, destructiveness and sometimes death. Tranquil, loving phase couple experience profound relief. Defense should prove all three phases of the cycle of violence characterizing the relationship of the partners. Where the brutalized person is already suffering from the syndrome, further evidence of actual physical assault at the time of killing is not required. State of Necessity, Elements: (1) the evil sought to be avoided actually exists, (2) the injury feared be greater than that done to avoid it; (3) there in no other practical and less harmful means of preventing it. The persons for whose benefit the harm has be prevented shall be civilly liable in proportion to the benefit which they may have received. Fulfillment of a duty, elements: (1) the offender acted in the performance of a duty or lawful exercise of a right or office; (2) the injury caused or the offense committed is the necessary consequence of the due performance of such right or office. In the absence of the second requisite, the justification becomes incomplete and there converting it into a mitigating circumstance under Art 13 and 69 Obedience to a superior order, elements: (1) an order has been issued by the superior; (2) the order is for a legal purpose; (3) the means used to carry out such order is lawful. Even if the order is illegal but is apparently legal and the subordinate is not aware of its illegality, the subordinate is not liable.

Exempting CircumstancesArticle 12. Circumstances which exempt from criminal liability. - the following are exempt from criminal liability:1. An imbecile or an insane person, unless the latter has acted during a lucid interval.When the imbecile or an insane person has committed an act which the law defines as a felony (delito), the court shall order his confinement in one of the hospitals or asylums established for persons thus afflicted, which he shall not be permitted to leave without first obtaining the permission of the same court.

2. A person under nine years of age. (Now 15 years or under, RA9344)

3. A person over nine years of age and under fifteen, unless he has acted with discernment, in which case, such minor shall be proceeded against in accordance with the provisions of Art. 80 of this Code. (Now 15 years but under 18 years of age, RA 9344)

When such minor is adjudged to be criminally irresponsible, the court, in conformably with the provisions of this and the preceding paragraph, shall commit him to the care and custody of his family who shall be charged with his surveillance and education otherwise, he shall be committed to the care of some institution or person mentioned in said Art. 80. (Above 15 but below 18)

4. Any person who, while performing a lawful act with due care, causes an injury by mere accident without fault or intention of causing it.

5. Any person who acts under the compulsion of irresistible force.

6. Any person who acts under the impulse of an uncontrollable fear of an equal or greater injury.

7. Any person who fails to perform an act required by law, when prevented by some lawful insuperable cause.

Insanity a manifestation in language or conduct of disease or defect of the brain or a more or less permanently diseased or disordered condition of the mentality, functional or organic, and characterized by perversion, inhibition, or disordered function of the sensory or of the intellective faculties or by impaired or disordered volition. It exists when there is a complete deprivation of reason, he cats without the least discernment because there is complete absence of power to discern, or there is a total deprivation of freedom of the will. How is insanity disproved: (1) immediate surrender after the killing of the victims; (2) manifestation of remorse during his confinement at the mental institute; (3) was able to give a sworn statement before PAO. The law presumes that every man is sane. In the absence of sufficient evidence to prove insanity, the legal presumption of sanity stands. An inquiry to the appellant should relate to the period immediately before or at the precise moment of doing the act which is the subject of the inquiry. Insanity is a defense in the nature of confession and avoidance, and as such must be proved beyond reasonable doubt. Schizophrenic reaction may be considered as a mitigating circumstance under Art 13(9). Minors are persons under the age of 18 Children at risk those who are vulnerable to and at the risk of committing criminal offenses because of personal, family and social circumstances. Children in conflict with the law (CICL) those who are alleged as, accused of or adjudged as having committed an offense. Below 15 y/o at the time of the commission of the offense = exempt from criminal liability and will undergo intervention program. Over 15 but below 18 y/o = exempt from criminal liability and will undergo intervention program. If acted with discernment shall undergo diversion program. Diversion program: Imposable penalty >6 years; there is a victim = diversion shall be before the law enforcement officer or the Punong Barangay and shall be in the form of mediation, family conferencing and conciliation; there is no victim = diversion shall be conducted by the local social welfare and development officer. 12 years, before arraignment of the child, the court shall determine whether or not diversion is appropriate. The period of prescription of the offense shall be suspended during the effectivity of the diversion program not exceeding 2 years. If not included under any of the above or if the child, his parents or guardian does not consent to a diversion, authority shall forward the records to the prosecutor or court within 3 days from the determination of absence of jurisdiction or termination of the proceedings and shall be filed according to the regular process. PI shall be conducted in the following cases: (1) when the child does not qualify for diversion; (2) when the child, his parents or guardians does not agree to diversion; (3) when the prosecutor determines that diversion is not appropriate for the CICL, considering the assessment and recommendation of the social worker. Upon determination of probable cause, the information shall be filed with the Family Court within 45 days from the start of the PI. Who are minors disqualified from suspension of sentence: (1) a minor who has once enjoyed suspension of sentence, (2) convicted for an offense punishable by death or life imprisonment, (3) or by Military Tribunals. Once a child reaches 18, the court shall determine whether to discharge the child, order the execution of sentence, or extend the suspended sentence for a period or until the child reaches the maximum age of 21. Accident is an occurrence that happens outside the sway of our will, and although it comes about through some act of our will, lies beyond the bounds of humanly foreseeable consequences. It connotes the absence of criminal intent. What is required for accident to be accepted: (1) accused was performing a lawful act with due care; (2) the injury is caused by mere accident; (3) there was no fault or intent of causing the injury. Negligence is the omission to do something which a reasonable man, guided by those considerations which ordinarily regulate the conduct of human affairs, would do, or the doing of something which a prudent and reasonable man would not do. Irresistible Force, elements: (1) the force must be physical, must come from an outside source, and the accused must act not only without a will but even against his will; (2) the actor must be reduced to a mere instrument, such that the element of freedom is wanting; (3) the duress, force, fear or intimidation must be present, imminent and impending and of such a nature as to induce a well-grounded fear of death or serious bodily injury if the act is not done. Duress should be anchored on a real, imminent or reasonable fear for ones own life or limb and should not be speculative, fanciful, or imagined. (Actus me invite factus non est meus actus, an act done by me against my will is not my act.) Uncontrollable Fear, elements: (1) threat which caused the fear of an evil greater than or at least equal to that which the accused was required to commit; (2) it promised an evil of such gravity and imminence that the ordinary man would have succumbed to it. Insuperable Cause it is an exempting circumstance which applies to felonies by omission. The law imposes a duty on the offender to perform an act but his failure to do so is due to a lawful or insuperable cause.

Mitigating CircumstancesArticle 13. Mitigating circumstances. - The following are mitigating circumstances;1. Those mentioned in the preceding chapter, when all the requisites necessary to justify or to exempt from criminal liability in the respective cases are not attendant.

2. That the offender is under eighteen year of age or over seventy years. In the case of the minor, he shall be proceeded against in accordance with the provisions of Art. 80.

3. That the offender had no intention to commit so grave a wrong as that committed.

4. That sufficient provocation or threat on the part of the offended party immediately preceded the act.

5. That the act was committed in the immediate vindication of a grave offense to the one committing the felony (delito), his spouse, ascendants, or relatives by affinity within the same degrees.

6. That of having acted upon an impulse so powerful as naturally to have produced passion or obfuscation.

7. That the offender had voluntarily surrendered himself to a person in authority or his agents, or that he had voluntarily confessed his guilt before the court prior to the presentation of the evidence for the prosecution;

8. That the offender is deaf and dumb, blind or otherwise suffering some physical defect which thus restricts his means of action, defense, or communications with his fellow beings.

9. Such illness of the offender as would diminish the exercise of the will-power of the offender without however depriving him of the consciousness of his acts.

10. And, finally, any other circumstances of a similar nature and analogous to those above mentioned.

Ordinary lowers the penalty to the minimum period. Art. 13 Privileged lowers the imposable penalty, whether divisible or indivisible, by one or more degrees. Specific applies to a specific felony like concealment of dishonor in the case of abortion by a pregnant woman herself.

OrdinaryPrivileged

Can be offset by generic aggravatingCannot be offset by any aggravating

Penalty is lowered to the minimum period of the penalty prescribedPenalty is lowered by one or two degrees

Not considered when what prescribed is a single indivisible penaltyAlways considered whether the penalty is divisible or indivisible.

Mitigating Circumstances are personal to the accused in whose favor they exist and cannot be enjoyed by his co accused. Incomplete Justifying or Exempting requirements: (1) Self defense Unlawful Aggression; (2) Accident due care and lack of fault; (3) lawful act and lack of intention of causing injury. Unlawful Aggression alone = ordinary; Unlawful Aggression + another requisite = privileged. Minority must be under 18 years of age at the time the crime was committed. It is always privileged mitigating because: (1) Art 47 if DP is imposed, it is lowered to RP; (2) RA 9344 if a minor is 15 or under, he is exempt from criminal liability; (3) RA 9344 if a minor is over 15 but under 18 and he acted with discernment, he shall be entitled to a reduction of penalty to the next lower penalty but in the proper period. Praeter intentionem is the lack of intention to commit so grave a wrong as that committed. There should be great disparity between the intent and its consequences. It should be appreciated where the accused had no intention to kill but only inflict injuries when he attacked the victim. Praeter intentionem cannot be invoked if the acts of the accused are sufficient to bring about the result intended or when the means employed would naturally result to the felony committed. Sufficient provocation must be sufficient, immediate to the commission of the crime; and must originate from the offended party. Provocation is immediate if no interval of time elapsed between the provocation and the commission of the crime. Immediate vindication of a grave offense offense may be any act or event which offends the accused causing mental agony to him and moves him to vindicate himself of such offense. Immediate means proximate and allows for a lapse of time as long as the offender is still suffering from the mental agony brought by the offense to him. Passion and Obfuscation must arise from the accused lawful sentiments. The offended must have done an act unlawful and sufficient to excite passion or obfuscation on the part of the accused. Passion and obfuscation will not be appreciated where the anger did not arise from lawful sentiments. This circumstance cannot co-exist with treachery or evident premeditation because passion or obfuscation must be a spur of the moment. It cannot be appreciated if the acts of the accused were done in the spirit of revenge and lawlessness. It cannot be claimed in addition to vindication if the two circumstances arose from the same cause. The excitement which is inherent in all persons who quarrel and come to blows does not constitute obfuscation. Voluntary Surrender, elements: (1) the offender surrendered to a person in authority or his agent; (2) the offender surrendered before arrest is effected; (3) the surrender must be voluntary, spontaneous and must show the intent of the accused to submit himself unconditionally to the authorities, either because he acknowledges his guild or he wishes to save them the trouble and expense incidental to his search and capture; (4) that there is no pending warrant of arrest or information. Voluntary Plea of Guilt, elements: (1) must be made in open court; (2) spontaneously and unconditionally; (3) prior to the presentation of the evidence of the prosecution. Extra-judicial confession is not within the concept of voluntary plea of guilt because it is not made in open court. The accused must be acquitted if the only evidence of his guilt is his improvident plea due to the prodding of his lawyer from the PAO. Voluntary surrender and plea of guilt can be both considered in one case. For voluntary confession to be appreciated as an extenuating circumstance it must not only be unconditional but the accused must admit to the offense charged. Physical defects and illness the offenders being deaf and dumb or blind or otherwise suffering from some physical defect must relate to the offense because the law requires that the defect have the effect of restricting his means of action, defense, or communication to hi fellow beings. The illness or defect is the contributory cause that moved him to commit the offense. In order for this condition to be appreciated, it must be shown that such physical defect limits his means of communication with his fellow beings to such an extent that he did not have complete freedom of action, consequently resulting in diminution of the element of voluntariness. The illness must only diminish and not deprive the offender of the consciousness of his acts; otherwise he will be exempt from criminal liability.

Aggravating CircumstancesArticle 14. Aggravating circumstances. - The following are aggravating circumstances:1. That advantage be taken by the offender of his public position.

2. That the crime be committed in contempt or with insult to the public authorities.

3. That the act be committed with insult or in disregard of the respect due the offended party on account of his rank, age, or sex, or that is be committed in the dwelling of the offended party, if the latter has not given provocation.

4. That the act be committed with abuse of confidence or obvious ungratefulness.

5. That the crime be committed in the palace of the Chief Executive or in his presence, or where public authorities are engaged in the discharge of their duties, or in a place dedicated to religious worship.

6. That the crime be committed in the night time, or in an uninhabited place, or by a band, whenever such circumstances may facilitate the commission of the offense.Whenever more than three armed malefactors shall have acted together in the commission of an offense, it shall be deemed to have been committed by a band.

7. That the crime be committed on the occasion of a conflagration, shipwreck, earthquake, epidemic or other calamity or misfortune.

8. That the crime be committed with the aid of armed men or persons who insure or afford impunity.

9. That the accused is a recidivist.A recidivist is one who, at the time of his trial for one crime, shall have been previously convicted by final judgment of another crime embraced in the same title of this Code.

10. That the offender has been previously punished by an offense to which the law attaches an equal or greater penalty or for two or more crimes to which it attaches a lighter penalty.

11. That the crime be committed in consideration of a price, reward, or promise.

12. That the crime be committed by means of inundation, fire, poison, explosion, stranding of a vessel or international damage thereto, derailment of a locomotive, or by the use of any other artifice involving great waste and ruin.

13. That the act be committed with evidence premeditation.

14. That the craft, fraud or disguise be employed.

15. That advantage be taken of superior strength, or means be employed to weaken the defense.

16. That the act be committed with treachery (alevosia).There is treachery when the offender commits any of the crimes against the person, employing means, methods, or forms in the execution thereof which tend directly and specially to insure its execution, without risk to himself arising from the defense which the offended party might make.

17. That means be employed or circumstances brought about which add ignominy to the natural effects of the act.

18. That the crime be committed after an unlawful entry.There is an unlawful entry when an entrance of a crime a wall, roof, floor, door, or window be broken.

20. That the crime be committed with the aid of persons under fifteen years of age or by means of motor vehicles, motorized watercraft, airships, or other similar means. (As amended by RA 5438).

21. That the wrong done in the commission of the crime be deliberately augmented by causing other wrong not necessary for its commissions.

Kinds of aggravating circumstance: Generic Aggravating: (1) apply generally to all crimes; (2) can be offset by an ordinary mitigating circumstance; (3) increase the penalty to the maximum period of the penalty prescribed in the law provided alleged in the information. Qualifying Circumstance: (1) cannot be offset by any mitigating circumstance; (2) change the nature of the crime and the designation of the offense; (3) must be alleged in the information, otherwise cannot be considered against the offender because it violates the right of the accused to be informed of the nature of accusation against him; (4) must be proved as conclusively as the guilt of the offender because of its effect. Special or Specific aggravating circumstance which apply to a particular felony, they are found elsewhere than Art.14 Inherent circumstance which is an element of the felony committed thus no longer considered against the offender in the determination of the penalty. Fundamental requirement is that qualifying circumstances should be alleged in the information Qualifying circumstance must be proved beyond reasonable doubt as convincingly as the crime. Where one of the aggravating circumstances has been used as a qualifying circumstance, the others will be deemed as generic. Special aggravating circumstances: (1) organized/syndicated group RA7659; (2) unlicensed firearm for homicide and murder RA8294. Conspiracy is neither aggravating nor qualifying but rather a manner of incurring collective criminal liability amongst every co-conspirator in an equal degree, whereby the effect is that the act of one becomes the act of all. Abuse of official position, the test is: Did the accused abuse his office in order to commit a crime? For such to be considered aggravating, the public official must use the influence, prestige and ascendancy which his office gives him in realizing his purpose. Insult to public authorities: It convers not only persons in authority but also agents of person in authority and other public officers. The circumstance of contempt of or insult to public authorities requires that the public authority is engaged in the discharge of his duties and the offender knows that he is a public authority. If the public authority is a person in authority or an agent of person in authority as the term is used in Art 152, the crime committed against him is direct assault and as such, this aggravating circumstance will be deemed absorbed because it is inherent thereto. Age,Sex,Rank and Dwelling: These four circumstances show lack of respect to the offended. There must be proof that offender deliberately intended to offend or insult the offended. These circumstances cannot co-exist with passion or obfuscation where the offender lost his control or reason. Rank should be given its plain, ordinary meaning. The circumstance of insult or in disregard of the respect due the offended party can be appreciated only in crimes against person or honor, not in the special complex crime of robbery with homicide which is a crime against property. To be appreciated, it should be clearly demonstrated that the accused deliberately intended to act with insult or disregard of the respect due the victim on account of his rank. Dwelling includes dependencies, staircase, and enclosures under the hose. It is not necessary that the house be owned by the offended. A dwelling must be a building or structure, exclusively use for rest and comfort. For dwelling to be considered, it is not necessary that the accused should have 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. Dwelling is not aggravating if the offended has given provocation or If both the offended and offender live there or if inherent in the crime such as those which could be committed in no other place. Abuse of confidence, requisites: (1) the offended had trusted the offender; the offender abused such trust; (3) such abuse of confidence facilitate the commission of the crime. Palace of the Chief Executive performance of function is not necessary. It is necessary though that the offender must have sought the places for the commission of the crime which shows his lack of respect for the places enumerated. Nighttime (Nocturnity) it becomes aggravating only when it is especially sought by the offender, or taken advantage by him to facilitate the commission of the crime or to ensure his immunity from capture. Nighttime is appreciated when: (1) nighttime was especially sought by the offender; (2) it was taken advantage of by him; (3) it facilitated the commission of the crime by insuring the offenders immunity from capture; (4) the place where the crime was committed was not illuminated. Uninhabited Place the uninhabitedness of a place of locus delicti is determined not solely by the distance of the nearest house to the scene but also whether or not in the place of the commission of the offense, there was reasonable possibility of the victim receiving some help. Band consist of: (1) more than 3 persons; (2) armed malefactors; (3) acting together in the commission of an offense. Calamity or misfortune it refers to events similar in nature as conflagration, shipwreck, and earthquake or epidemic. The offender should particularly seek the opportunity provided by the calamities mentioned to perpetrate his crim. Aid of armed men, elements: (1) that the armed men or persons took part in the commission of the crime, directly or indirectly; (2) that the accused availed himself of there aid or relied upon them when the crime was committed. Aid of armed men cannot be appreciated when there is conspiracy, accused acting under the same plan and for the same purpose. In a band and organized crime syndicate, all the members are principal; in aid of armed men, the armed men merely aided the principal offender and are accomplices. In band, there must be at least 4 armed men; in aid of armed men, their number is not specified nor required as long as there is more than 1; in organized crime syndicate, there must be at least 2 members who are not required to be armed. In band and aid of armed men, the crimes are not specified; in organized crime syndicate, the purpose is to commit crimes for gain. Syndicated estafa is different from organized crime syndicate. The former requires at least five members whereas the latter needs only two. Illegal recruitment in a large scale requires that it be committed by at least 3 offenders. Habituality, different forms: (1) recidivism; (2) reiteracion; (3) habitual delinquency; (4) quasi recidivism Recidivist one who: (1) at the time of his trial for one crime; (2) shall have been previously convicted by final judgment; (3) of another crime embraced in the same title of the RPC. Recidivism is a generic aggravating circumstance. There is no specific period between the prior conviction and the second convictions. It can be appreciated even if the convict was give absolute pardon, as pardon extinguishes the penalty only but not the effect of the offense. The prosecution must allege recidivism in the information and present certified true copy of the judgment of conviction in the other case. Reiteracion, the offender has been previously punished. The first offense must have been punished with an equal or greater penalty; or he has committed two or more crimes previously to which the law attaches a lighter penalty. Habitual delinquency is a special aggravating circumstance for which is imposed an additional penalty which escalates with the increase in the number of convictions. (1) within a period of 10 years from his release or last conviction; (2) of the crimes of falsification, robbery, estafa, theft, serious or less serious physical injuries; (3) he is found guilt of said crimes a third time or oftener. Quasi-recidivism is a special aggravating circumstance wherein the offender has been previously convicted by final judgment and before the beginning to serve such sentence, or while serving the same he committed a felony. It is not offset by ordinary mitigating circumstance. Price, Promise, Reward They affect principal by direct participation who committed a crime for consideration. The other co-conspirators if there be any who did not benefit from the price, promise or reward will not have his penalty aggravated because this circumstance is personal to the receiver. The reward is the primary consideration in the commission of the crime for this circumstance to be aggravating. Inundation,Fire, etc. These circumstances by themselves constitute a crime; hence, Art 62(1) shall apply. Aggravating circumstances which in themselves constitute a crime specially punishable by law or which are included by the law in defining a crime and prescribing the penalty therefor shall not be taken into account for the purpose of increasing the penalty. If one of these circumstances was a means to kill, the crime is murder, not homicide, hence, the penalty will be for murder. The circumstance will no longer be considered aggravating. Evident Premeditation indicates a stubborn adherence to a decision to commit a felony. It requires a showing of: (1) a previous decision by the accused to commit the crime; (2) overt acts manifestly indicating that the accused clung to his determination; and (3) a lapse of time between the decision to commit the crime and is actual execution sufficient to allow the accused to reflect upon the consequences of his acts. When EP not appreciated: (1) When it is an inherent element of a crime; (2) if the attack was made in the heat of anger or the meeting of the accused and the victim was a chance encounter and not sought on purpose; (3) the appellant did not even know the victim and vice versa prior to their confrontation at the place of the shooting incident. EP is not inherent in robbery with homicide. The premeditation must relate to the killing and not to the robbery. EP must be clearly proven, established beyond reasonable doubt and must be base on external acts which are evident, not merely suspected, and which indicate deliberate planning. Proof of conspiracy does not imply the existence of evident premeditation. It can be presumed only where conspiracy is directly established, not where conspiracy is only implied. Craft, Fraud, Disguise Craft is a cunning or intellectual trickery or chicanery resorted to by the accused to carry out his evil design. Fraud constitutes deceit and is manifested by insidious words or machinations. Disguise is resorted to conceal the identity. If in spite of the disguise, the offender was recognized, such cannot be aggravating. These circumstances are not aggravating if they did not facilitate the commission of the crime or not taken advantage of by the offender in the course of the assault. If they were used to insure the commission of the crime against the person without risk to offender, they are absorbed by treachery. Abuse of superior strength or Means taken to weaken the defense There is abuse of superior strength where the offenders intentionally and purposely employ excessive force out of proportion to the means of defense available to the offender party. There must be a notorious inequality of forces between the victim and the aggressor. It must be proved that the attackers cooperated in such a way as to secure advantage from superiority of strength. When is abuse of superior strength not appreciated: (1) if the assault is characterized with passion or obfuscation or made during a quarrel or when the attack was made on the victim alternately and not simultaneously. (2) Inherent in parricide, rape, band; (3) superior strength is not appreciated by mere superiority in the number of the malefactors, but by the deliberate employment of excessive force, which is out of proportion to the means of defense available to the person attacked. Treachery (Alevosia) exists when the offender commits any of the crimes against person, employing means, methods, or forms in the execution thereof which tend directly and especially to insure its execution, without risk to himself arising from the defense which the offended party might take. The offender must: (1) insure that the offended party at the time of the attack was not in the position to put up any defense, not even token defense; (2) the means, manner, and form was consciously and deliberately chose. Its essence is the swiftness and unexpectedness of the attack upon the unsuspecting and unarmed victim, who does not give the slightest provocation. There is no treachery if the attack is an impulse of the accused or when the killing is due to passion or when the accused did not make any preparation to kill the deceased so as to insure the commission of the crime. Treachery can never be present in a chance encounter. Treachery may be appreciated even if the victim was warned of the danger, what is decisive is that the execution of the attack made it impossible for the victim to defend himself or retaliate. To appreciate treachery in a continuous aggression, the same must be present at the inception of the attack. In the absence of proof as to the manner the victim was attacked, the killing could not be considered as qualified by treachery. Treachery is a special aggravating circumstance in the sense that it applies only to crimes against persons. It is a qualifying circumstance in murder. It is a specific aggravating circumstance in serious physical injuries. Treachery absorbs both nighttime and taking advantage of superior strength in the light of circumstances of this case. It must be proved as convincingly as the crime itself for treachery cannot be presumed. Ignominy, this circumstance pertains to the moral attribute, which adds disgrace to the material injury caused by the crime. It produces more suffering on account of its humiliating effects. Ignominy relates to moral suffering whereas, cruelty refers to physical suffering. Unlawful entry/breaking of wall When an entrance is through a way not intended for that purpose; the opening must be used to enter, not to escape. It qualifies the crime of theft to robbery. It is inherent in the crimes of trespass and in robbery with force upon this thus should no longer be aggravating per Art 62(2). Aid of Minors/use of motor vehicles The use of minor in the commission of the offense shows the greater perversity of the offender because he is educating the innocent in committing an offense. The use of motorized means of conveyance to commit the crime is penalized because they pose difficulty to the authorities in apprehending them. This circumstance is considered when the motor vehicle was purposely used to facilitate the commission of the offense not when used to escape. Cruelty To be aggravating there must be evidence to show that the cruel acts were done while the victim was alive and the offender delighted in the suffering of the victim. The test in appreciating cruelty is whether the accused deliberately and sadistically augmented the wrong by causing another wrong necessary for its commission or inhumanly increased the victims suffering or outraged or scoffed at his person or corpse.

Alternative CircumstancesArticle 15. Their concept. - 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. They are the relationship, intoxication and the degree of instruction and education of the offender.

The alternative circumstance of relationship shall be taken into consideration when the offended party is the spouse, ascendant, descendant, legitimate, natural, or adopted brother or sister, or relative by affinity in the same degrees of the offender.

The intoxication of the offender shall be taken into consideration as a mitigating circumstances when the offender has committed a felony in a state of intoxication, if the same is not habitual or subsequent to the plan to commit said felony but when the intoxication is habitual or intentional, it shall be considered as an aggravating circumstance.

In crimes against chastity, relationship is aggravating. Relationship is aggravating in the crime of rape. When relationship is an element to a crime, it is neither aggravating nor mitigating. Intoxication as a mitigating circumstance must show that: (1) he has taken a quantity of alcoholic beverage prior to the commission of the crime sufficient to produce the effect of obfuscating reason; (2) he is not a habitual drinker and did not take the alcoholic drink with the intention to reinforce his resolve to commit the crime. The offenders mental faculties must be affected by the drunkenness. It is mitigating if it is not habitual, intentional and self-control is diminished as a result of the intoxication. Otherwise it is aggravating. To be mitigating, the intoxication must be proved by sufficient evidence.

Persons criminally liable for feloniesArticle 16. Who are criminally liable. - The following are criminally liable for grave and less grave felonies:1. Principals.2. Accomplices.3. Accessories.The following are criminally liable for light felonies:1. Principals2. Accomplices.

Article 17. Principals. - The following are considered principals:1. Those who take a direct part in the execution of the act;2. Those who directly force or induce others to commit it;3. Those who cooperate in the commission of the offense by another act without which it would not have been accomplished.

Direct Participator they are those who materially execute the crime. They must appear at the scene of the crime and perform acts necessary in the commission of the offense to be liable. In conspiracy by prior agreement, if the principal by direct participation does not appear at the scene of the crime, he is not liable because: (1) non-appearance is desistance which is favored and encouraged; (2) conspiracy is not a crime unless the law provides a penalty therefor; (3) there is no basis for criminal liability because there is no criminal participation. Inducer the principal by inducement must intend that his inducement be obeyed. Mere careless comment of one who does not possess dominance or moral ascendancy over the offender will not make the former a principal by inducement. The inducers utterance must be of such a nature and made in such a manner as to become the determining cause of the crime. The inducer is generally liable as an accomplice because the law favors a lesser penalty for if he were regarded as a principal, his penalty would be heavier. One is induced to commit a crime either by a command or for a consideration, or by any other similar act which constitutes the real and moving cause of the crime and which was done for the purpose of forcing or inducing such criminal act and which was sufficient for that purpose. Indispensable Cooperator to be a principal by indispensable cooperation, there must be direct participation in the criminal design by another act without which the crime could not have been committed. The participation of the cooperator must be indispensable to the crime. If his participation is not indispensable, as when with or without his participation, the offense will be committed; his liability may only be that of an accomplice. Notwithstanding conspiracy, the liability of the principals may be different. The cooperation that the law punishes is the assistance knowingly or intentionally rendered. It is required that the accused unite with the criminal design of the principal by direct participation.

Article 18. Accomplices. - Accomplices are those persons who, not being included in Article 17, cooperate in the execution of the offense by previous or simultaneous acts.

To be an accomplice: (1) offender should take part in the execution of the crime by previous or simultaneous acts; (2) he intends to take part in the commission of the crime. A person is an accomplice if his role in the perpetration of the crime is of a minor character. Conspiracy is not necessary for the liability of an accomplice for he is not a principal but he supplies material or moral aid to the principal in an efficacious way. If there is conspiracy, he ceases to be an accomplice but instead is considered a principal although his participation is such that, without the conspiracy, should have been that of an accomplice. A lookout who is not part of the conspiracy but participated only after such decision was reached is an accomplice. A lookout is a principal if he was a co-conspirator in the criminal design and in deciding the course of action to be taken in its commission.

Article 19. Accessories. - Accessories are those who, having knowledge of the commission of the crime, and without having participated therein, either as principals or accomplices, take part subsequent to its commission in any of the following manners:1. By profiting themselves or assisting the offender to profit by the effects of the crime.2. By concealing or destroying the body of the crime, or the effects or instruments thereof, in order to prevent its discovery.3. By harboring, concealing, or assisting in the escape of the principals of the crime, provided the accessory acts with abuse of his public functions or whenever the author of the crime is guilty of treason, parricide, murder, or an attempt to take the life of the Chief Executive, or is known to be habitually guilty of some other crime.

If the crime is robbery or theft and one bought, sold, possessed, or in any other manner dealt with the proceeds which he knew or should have known to be proceeds of robbery or theft, he is a principal in the crime of fencing. If the crime is brigandage and he profited from the loot, he should be charged with abetting brigandage-an accomplice of brigands. Corpus delicti is the body or substance of the crime and in its primary sense refers to the fact that a crime has actually been committed. Its elements are : (1) the proof of the occurrence of a certain event; (2) some persons criminal responsibility. The offender to be assisted must be a principal; assisting an accomplice is not included. Those who assist the principal to escape may be prosecuted under PD 1829 on obstruction of justice not as accessory but as a principal, provided that a separate information shall be prepared.

Article 20. Accessories who are exempt from criminal liability. - The penalties prescribed for accessories shall not be imposed upon those who are such with respect to their spouses, ascendants, descendants, legitimate, natural, and adopted brothers and sisters, or relatives by affinity within the same degrees, with the single exception of accessories falling within the provisions of paragraph 1 of the next preceding article.

PENALTIES IN GENERAL

Art. 21. Penalties that may be imposed. No felony shall be punishable by any penalty not prescribed by law prior to its commission.

Penalties are the punishment imposed by lawful authority upon a person who commits a deliberate or negligent act or for omitting to act when there is a duty to do so. They are imposed as a result of judicial proceedings. Penalties are prescribed by statutes and are essentially and exclusively legislative. An appeal taken by one or more of several accused shall not affect those who did not appeal, except insofar as the judgment of the appellate court is favorable and applicable to the latter.

Art. 22. Retroactive effect of penal laws. Penal Laws shall have a retroactive effect insofar as they favor the persons guilty of a felony, who is not a habitual criminal, as this term is defined in Rule 5 of Article 62 of this Code, although at the time of the publication of such laws a final sentence has been pronounced and the convict is serving the same.

An absolute repeal of a penal law deprives a court of its authority to punish a person charged with violation of the law prior to its repeal because an unqualified repeal constitutes a legislative act of rendering legal what had been previously declared as illegal, such that the offense no longer exists and it is as if the person who committed it never did so. The exceptions are: (1) the inclusion of a saving clause in the repealing statute that provides that the repeal shall have no effect on pending actions; (2) where the repealing act re-enacts the former stature and punishes the act previously penalized under the old law.

Art. 23. Effect of pardon by the offended party. A pardon of the offended party does not extinguish criminal action except as provided in Article 344 of this Code; but civil liability with regard to the interest of the injured party is extinguished by his express waiver.

Art. 24. Measures of prevention or safety which are nor considered penalties. The following shall not be 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 Article 80 and for the purposes specified therein. 3. Suspension from the employment of public office during the trial or in order to institute proceedings.4. Fines and other corrective measures which, in the exercise of their administrative disciplinary powers, superior officials may impose upon their subordinates. 5. Deprivation of rights and the reparations which the civil laws may establish in penal form. Classification of Penalties Grave felonies, less grave felonies and light felonies. 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 this Code. Capital punishment: Death. Afflictive penalties: Reclusion perpetua, Reclusion temporal, Perpetual or temporary absolute disqualification, Perpetual or temporary special disqualification, Prision mayor. Less grave felonies are those which the law punishes with penalties which in their maximum period are correctional, in accordance with the above-mentioned article. Correctional penalties: Prision correccional, Arresto mayor, Suspension, Destierro. Light felonies are those infractions of law for the commission of which a penalty of arresto menor or a fine not exceeding 200 pesos or both; is provided. (Art.9,RPC) Arresto menor, Public censure.

Penalties common to the three preceding classes:Fine, and Bond to keep the peace.

Accessory PenaltiesPerpetual or temporary absolute disqualification, Perpetual or temporary special disqualification, Suspension from public office, the right to vote and be voted for, the profession or calling. Civil interdiction, Indemnification, Forfeiture or confiscation of instruments and proceeds of the offense, Payment of costs.

Penalties are:a) Graduated according to severityb) Divided into periods except for RPc) Classified into principal or accessory penaltiesd) Deemed imposed for consummated crimese) Imposed against the principal offendersf) The maximum imposable for the particular crime to which they are respectively prescribed. Thus, the penalties prescribed for the respective felonies can never be increased by the court no matter how perverse the offender may be.g) Understood to be a degree for purposes of lowering the penalty under the ISL, in case of presence of privileged mitigating circumstances, and for applying the rules under Articles 50 to 57.

Life ImprisonmentReclusion Perpetua

Violation of Special lawsViolation of RPC

No fixed durationWith fixed duration

No accessory penaltiesWith accessory penalties.

Principal penalties are the specific penalty for specific felony under the provisions of Book II defining felonies and imposing penalties thereon. They must be imposed by the court expressly in the decision. Accessory penalties are those whish follow the principal penalties by operation of law. As such, they need not be expressly stated in the decision. Reclusion perpetua is not the same as life imprisonment.

All prisoners whether under preventive detention or serving final sentence, cannot practice their profession or engage in any business or occupation, or hold office, elective or appointive, while in detention. Examples where the lesser offense absorbs the graver offense: (1) Rebellion absorbs murder; (2) forcible abduction absorbs illegal detention of a woman; (3) slavery involving kidnapping of a person absorbs kidnapping.

Art. 26. When afflictive, correctional, or light penalty. A fine, whether imposed as a single of as an alternative penalty, shall be considered an afflictive penalty, if it exceeds 6,000 pesos; a correctional penalty, if it does not exceed 6,000 pesos but is not less than 200 pesos; and a light penalty if it less than 200 pesos. Duration and Effect of PenaltiesArt. 27. Reclusion perpetua. The penalty of reclusion perpetua shall be from 20 years and 1 day to 40 years. No bail shall be granted to those charged with an offense which under the law at the time of its commission and at the time of the application for bail is punishable by reclusion perpetua, when evidence of guilt is strong. After 30 years, a convict is eligible for pardon.

Reclusion temporal. The penalty of reclusion temporal shall be from 12 years and 1 day to 20 years. Both RP and RT have the same accessory penalties of civil interdiction and perpetual absolute disqualification.

Prision mayor and temporary disqualification. The duration of the penalties of prision mayor and temporary disqualification shall be from 6 years and 1 day to 12 years, except when the penalty of disqualification is imposed as an accessory penalty, in which case its duration shall be that of the principal penalty.

Prision correccional, suspension, and destierro. The duration of the penalties of prision correccional, suspension and destierro shall be from 6 months and 1 day to 6 years, except when suspension is imposed as an accessory penalty, in which case, its duration shall be that of the principal penalty.

Arresto mayor. The duration of the penalty of arresto mayor shall be from 1 month and 1 day to 6 months. It is a correctional penalty and has accessory penalties of suspension of the right to hold office and the right of suffrage during the term of the sentence. This penalty prescribes in 5 years.

Arresto menor. The duration of the penalty of arresto menor shall be from 1 day to 30 days.

Bond to keep the peace. The bond to keep the peace shall be required to cover such period of time as the court may determine.

Art. 28. Computation of penalties. If the offender shall be in prison, the term of the duration of the temporary penalties shall be computed from the day on which the judgment of conviction shall have become final.If the offender be not in prison, the term of the duration of the penalty consisting of deprivation of liberty shall be computed from the day that the offender is placed at the disposal of the judicial authorities for the enforcement of the penalty. The duration of the other penalties shall be computed only from the day on which the defendant commences to serve his sentence.

In computing the duration of penalty, regard should be had of the civil provision on the duration of days, weeks, months and years. The same rule is followed in the prescription of penalties and of crimes.

Preventive ImprisonmentArt. 29. Period of preventive imprisonment deducted from term of imprisonment. Offenders who have undergone preventive imprisonment shall be credited in the service of their sentence consisting of deprivation of liberty, with the full time during which they have undergone preventive imprisonment, if the detention prisoner agrees voluntarily in writing to abide by the same disciplinary rules imposed upon convicted prisoners, except in the following cases:

1. When they are recidivists or have been co