Criminal Law Review Research on Outline

7/28/2019 Criminal Law Review Research on Outline

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I. FUNDAMENTAL PRINCIPLES OF

CRIMINAL LAW

Criminal law is that branch or division of municipal law which:

defines crimes,

treats of their nature and

provides for their punishment.

DISTINCTION BETWEEN MALA INSE AND MALA PROHIBITA Mala in se is a wrong from its very nature, as most of those punished in theRPC. Hence, in its commission, intent is an element and good faith is a defense. The test todetermine whether an offense is mala in se is not the law punishing it but the very natureof the act itself. On the other hand, an act mala prohibita is a wrong because it is prohibited by law.Without the law punishing the act, it cannot be considered a wrong. Hence, the merecommission of that act is what constitutes the offense punished and criminal intent will beimmaterial for reason of public policy.

CRIMINAL LAW AS PUBLIC AND SUBSTANTIVE LAW

Criminal Law is that branch of public substantive law which defines offenses and prescribes theirpenalties.

It is substantive because it defines the states right to inflict punishment and the liability of the offenders.

It is public law because it deals with the relation of the individual with the state.

LIMITATIONS ON POWER OF CONGRESS TO

ENACT PENAL LAWS (Article III-Bill of Rights- of the l987 Constitution)

a) No person shall be deprived of life, liberty or property without due process of law, nor shall any person

be denied the equal protection of the laws (Article 1)

b) No torture, force, violence, threat, intimidation, or any other means which vitiate the free will shall be

used

against him (Sec. 12-2)

c) No law, therefore, must be passed imposing cruel and unusual punishment or excessive fines.

d) No ex-post facto law or bill of attainder shall be enacted Sec. 22.

Characteristics of Criminal Law:

1. General binding on all persons who reside or sojourn in the Philippines

Exceptions:

a. Treaty Stipulation

b. Laws of Preferential Application

c. Principles of Public International Law

Ex:

i. sovereigns and other chiefs of state

ii. Ambassadors, ministers plenipotentiary, minister resident and charges daffaires

(BUT consuls, vice-consuls and othe foreign commercial representatives CANNOT claim the privileges andimmunities accorded to ambassadors and ministers.)

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

Exceptions: (Art. 2 of RPC binding even on crimes committed outside the Philippines)

a. offense committed while on a Philippine ship or airship

b. forging or counterfeiting any coin or currency note of the Philippines or obligations and the securities

issued by the Government

c. introduction into the country of the above-mentioned obligations and securities

d. while being public officers and employees, an offense committed in the exercise of their functions


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e. crimes against national security and the law of the nations defined in Title One of Book Two

3. Prospective the law does not have any retroactive effect.

Exception: when the law is favorable to the accused

Exceptions to the Exception:

a. The new law is expressly made inapplicable to pending actions or existing causes of action

b. Offender is a habitual criminal

Effect of the repeal of penal laws on the accused:

The effect depends upon the nature of the repeal of the penal laws:

a) In absolute or total repeal or express repeal, the act or omission is decriminalized so that if a case is

pending, it shall be dismissed whether the accused is a habitual delinquent or not because there is no

more crime for which he should be tried. If he was already convicted and /or serving sentence, he shall be

released if he is not a habitual delinquent or unless the law provides that detention is to continue.

b) In partial or relative repeal or implied repeal or repeal by re-enactment, the first law will govern if

the accused is a habitual delinquent or if the favorable second law prohibits retroactivity. While the

second law will govern if favorable to the offender who is not a habitual delinquent or the law is silent as

to its retroactivity.

Theories of Criminal Law:

1. Classical Theorybasis is mans free will to choose between good and evil, that is whymore stress is placed upon the result of the felonious act than upon the criminal himself. The purpose of penalty is

retribution. The RPC is generally governed by this theory.

2. Positivist Theory basis is the sum of social and economic phenomena whichconditions man to do wrong in

spite of or contrary to his volition. This is exemplified inthe provisions on impossible crimes andhabitual delinquency.

3. Mixed Theory combination of the classical and positivist theories wherein crimes that are economic and socialin nature should bedealt in a positive manner. The law is thusmore compassionate.

PENOLOGICAL OBJECTIVES

a.Utilitarian theory or protectivetheoryThe primary purpose:

Protection of society from actual or potential wrongdoers

b.Classical or juristic philosophyBest remembered by the maxim An eye for an eye, a tooth for a tooth. [latin version: Oculo pro oculo, dente pro

dente.] The primary purpose:

Retribution.c.Positivist or realistic philosophy

There is great respect for the human element because the offender is regarded associally sick who needs treatment,notpunishment. The primary purpose:

Reformation.

d.Eclectic or mixed philosophyThis combines both positivist and classicalthinking. Crimes that are economic and socialby nature should be dealt

with in a positivistmanner; thus, the law is morecompassionate. Heinous crimes should be dealt with in a classical manner; thus, capital punishment. The RevisedPenal Code today follows the mixed or eclectic philosophy. For example:

intoxication of the offender is considered to mitigate his criminal liability, unless it is intentional or habitual;

the age of the offender is considered;

the woman who killed her child to conceal her dishonor has in her favor amitigating circumstance.

FELONIES

FELONY


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The term felony is limited only to violations of the Revised Penal Code. When the crime ispunishable under a special law you do not refer to this as a felony.2.OFFENSEA crime punished under a special law is called a statutory offense.

3.MISDEMEANORA minor infraction of the law, such as a violation of an ordinance.4.CRIME

Whether the wrongdoing is punished under the Revised Penal Code or under a special law, thegeneric word crime can be used.

FELONIES: HOW COMMITTEDRPC: Art. 3. Definitions. Acts and omissionspunishable by law are felonies (delitos).Felonies are committed not only be means of deceit (dolo) but also by means of fault (culpa).There is deceit when the act is performed with deliberate intent and there is fault when the wrongfulact results from imprudence, negligence, lack of foresight, or lack of skill.

ELEMENTS OF FELONIESa.There must be an act or omissionb.That the act or omission must be punishable by the RPCc.That the act is performed or the commission incurred by means of dolo orculpa

The Elements of the CrimeAlong with the manner of execution, there are crimes wherein the existence of certainelements becomes the factor in determining its consummation.

In the crime of estafa, the element of damage is essential before the crime could beconsummated. If there is nodamage, even if the offender succeeded in carting away thepersonal propertyinvolved, estafa cannot be considered asconsummated.On the other hand, if it were a crime of theft, damage or intent to cause damage is not anelement of theft. What is necessary only is intent to gain, not even gain is important.In the crime of abduction, the crucial element is the taking away of the woman with lewddesigns.

MOTIVE

It is the moving power which impels one to do an act (ex. vengeance). It is important only in certaincases (see below):

When Motive becomes Material in determining Criminal Liability:1)When the act brings about variant crimes e.g. kidnapping v. robbery2)The identity of the accused is doubtful3)The evidence on the commission of the crime is purely circumstantial.4)Also, lack of motive can aid in showing the innocence of the accused.

Illustration:Ernie came home and found his wife in a pleasant conversation with Burt, former suitor.Thereupon, he went to the kitchen, opened a drawer and pulled out a knife. He then stabbedBurt. The moving forceis jealousy.

Chapter TwoJUSTIFYING CIRCUMSTANCESAND CIRCUMSTANCES, WHICH EXEMPTFROM CRIMINAL LIABILITYART. 11. JUSTIFYING CIRCUMSTANCES


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

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

Elements:

1. Unlawful Aggressionindispensable requirementThere must be actual physical assault or

aggression or an immediate andimminent threat, which must be offensive

and positively strong.The defense must have been madeduring the existence of aggression,otherwise, it is no longer justifying.While generally an agreement to fightdoes not constitute unlawful aggression,violation of the terms of the agreement tofight is considered an exception.

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

Test of reasonableness depends on:

(1) weapon used by aggressor(2) physical condition, character, sizeand other circumstances ofaggressorQuickTime and aTIFF (Uncompressed) decompressorare needed to see this picture.

(3) physical condition, character, sizeand circumstances of persondefending himself(4) place and occasion of assault

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

NOTE: Perfect equality between the weapons used,nor material commensurability between the means ofattack and defense by the one defending himself andthat of the aggressor is not required

REASON: the person assaulted does not havesufficient opportunity or time to think and calculate.


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Rights included in self-defense:

1. defense of person2. defense of rights protected by law3. defense of property (only if there is also anactual and imminent danger on the person of

the one defending)4. defense of chastity

Kinds of Self-Defense:

1. self-defense of chastity there must be anattempt to rape the victim2. defense of property must be coupled withanattack on the person of the owner, or onone entrusted with the care of such property.Par. 1 Self-defense

People v. Narv aez, (GR No . L-33466-67,

Ap ril 20, 1983)

Attack on property alone was deemedsufficient to comply with element ofunlawful aggression

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

Stand ground when in the right- the law does

not require a person to retreat when his assailant israpidly advancing upon him with a deadly weapon.

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

Par. 2 Defense of Relative


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Elements:

1. unlawful aggression (indispensable

requirement)2. reasonable necessity of the means employedto prevent or repel it3. In case the provocation was given by theperson attacked, the one making the defensehad no part in such provocation.

Relative entitled to the defense:1. spouse2. ascendants3. descendants4. legitimate, natural or adopted brothers andsisters, or relatives by affinity in the samedegreescivil

degree5. relatives by consanguinity within the 4

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

Elements:

1. unlawful aggression (indispensablerequirement)2. reasonable necessity of the means employedto prevent or repel it3. person defending be not induced by revenge,resentment or other evil motive

Elements:

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

avoid it3. no other practical and less harmful means ofpreventing it

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

Elements:


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Par. 3 Defense of StrangerPar. 4 State of Necessity (Avoidance of GreaterEvil or Injury)QuickTime and aTIFF (Uncompressed) decompressor

Par. 5 Fulfillment of Duty or Lawful Exercise ofa Right or Officeare needed to see this picture.

1. accused acted in the performance of duty orin the lawful exercise of a right or office2. the injury caused or offense committed bethe necessary consequence of the dueperformance of the duty, or the lawfulexercise of such right or office.

NOTE: The accused must prove that he was dulyappointed to the position claimed he was dischargingat the time of the commission of the offense. It mustalso be shown that the offense committed was the

necessary consequenceof such fulfillment of duty, or

lawful exercise of a right or office.

Par. 6 Obedience to a Superior Order

Elements:

1. an order has been issued2. order has a lawful purpose (not patentlyillegal)3. means used by subordinate to carry out saidorder is lawful

NOTE: The superior officer giving the order cannotinvoke this justifying circumstance. Good faith ismaterial, as the subordinate is not liable for carryingout an illegal order if he is not aware of its illegalityand he is not negligent.

General Rule: Subordinate cannot invoke thiscircumstance when order is patently illegal.Exception: When there is compulsion of anirresistible force, or under impulse ofuncontrollable fear.

ART. 12: CIRCUMSTANCES, WHICH EXEMPTFROM CRIMINAL LIABILITYEXEMPTING CIRCUMSTANCES grounds forexemption from punishment because there is wantingin the agent of the crime any of the conditions whichmake the act voluntary or negligent.

Basis: The exemption from punishment is based on


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the complete absence of intelligence, freedom ofaction, or intent, or on the absence of negligence onthe part of the accused.

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

Par. 1 Imbecility or Insanity

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

INSANE one who acts with complete deprivation ofintelligence/reason or without the least discernment

or with total deprivation of freedom of will. Mereabnormality of the mental faculties will not excludeimputability.

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

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

Par. 2 Under Nine Years of AgeQuickTime and aTIFF (Uncompressed) decompressorare needed to see this picture.

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

NOTE: Under R.A. 9344 or the Juvenile Justice AndWelfare Acta minor 15 years and below is exemptfrom criminal liabilityPar. 3 Person Over 9 and Under 15 Acting

Without Discernment

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

Presumption: The minor committed the crimewithout discernment.


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DISCERNMENT mental capacity to fully appreciate

the consequences of the unlawful act, which is shownby the:1. manner the crime was committed2. conduct of the offender after its commission

NOTE: Under R.A. 9344 a minor over 15 but butbelow 18 who acted without discernment isexempt from criminal liabilityPar. 4 Accident without fault or intention ofcausing it

Elements:

1. A person is performing a lawful act2. with due care3. He causes injury to another by mere accident 4. Without fault or intention of causing it.

Par. 5 Irresistible Force

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

Elements:

1. The compulsion is by means of physical

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

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

Par. 6 Uncontrollable Fear

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

Elements:

1. The threat which causes the fear is of an evilgreater than, or at least equal to, that which


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

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

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

PAR 7. Insuperable Cause

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

Elements:

1. An act is required by law to be done.2. A person fails to perform such act.3. His failure to perform such act was due tosome lawful or insuperable cause.

Ex:1. A priest cant be compelled to reveal whatwas confessed to him.2. No available transportation officer not liablefor arbitrary detention

3. Mother who was overcome by severedizziness and extreme debility, leaving childto die not liable for infanticide (People v.Bandian, 63 Phil 530)

ABSOLUTORY CAUSES where the act committedis a crime but for some reason of public policy andsentiment, there is no penalty imposed. Exemptingand justifying circumstances are absolutory causes.Examples of such other circumstances are:1. spontaneous desistance (Art. 6)2. accessories exempt from criminal liability(Art. 20)

3. Death or physical injuries inflicted underexceptional circumstances (Art. 247)4. persons exempt from criminal liability fromtheft, swindling, malicious mischief (Art 332)5. instigation

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


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ART. 13: MITIGATING CIRCUMSTANCESMITIGATING CIRCUMSTANCES those which ifpresent in the commission of the crime reduces thepenalty of the crime but does not erase criminal

liability nor change the nature of the crimeNOTE:A mitigating circumstance arising from asingle fact absorbs all the other mitigatingcircumstances arising from that same fact.

Par. 1 Incomplete Justifying or ExemptingCircumstancesNOTE: This applies when not all the requisites arepresent.If two requisites are present, it is considered aprivileged mitigating circumstance. However, inreference to Art.11(4) if any of the last two requisitesis absent, there is only an ordinary mitigating

circumstance. Remember though, that in selfdefense,defenseof relativeor stranger,unlawful

aggressionmustalwaysbe presentas it is an

indispensablerequirement.

Par. 2 Under 18 or Over 70 Years Old

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

Par. 3 No Intention to Commit so Grave aWrongNOTE: Can be used only when the proven factsshow that there is a notable and evident disproportionbetween the means employed to execute the criminal

act and its consequences.

QuickTime and aTIFF (Uncompressed) decompressorare needed to see this picture.Factors that can be considered are:

1. weapon used2. injury inflicted3. part of the body injured4. mindset of offender at the time of commission


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of crime

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

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

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

Par. 4 Provocation or Threat

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

Requisites:

1. provocation must be sufficient2. it must originate from the offended party3. must be immediate to the commission of thecrime by the person who is provoked

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

Par. 5 Vindication of Grave Offense

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Requisites:

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


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within the same degrees2. the felony is committed in immediatevindication of such grave offense

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

Requisites:

1. offender acted upon an impulse2. the impulse must be so powerful that itnaturally produced passion or obfuscation inhim

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

Act, Which Gave Rise To Passion AndObfuscation:1. That there be an act, both unlawful andunjust2. The act be sufficient to produce a conditionof mind3. That the act was proximate to the criminalact, not admitting of time during which the

perpetrator might recover his normalequanimity4. The victim must be the one who caused thepassion or obfuscation

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

Par. 6 Passion or Obfuscation

Par. 7 Surrender and Confession of Guiltg

WHEN SURRENDER VOLUNTARY

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


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1. he acknowledges his guilt; or2. he wishes to save them the trouble andexpense necessarily incurred in his searchand capture.

NOTE: If both are present, considered as two

independent mitigating circumstances. Furthermitigates penalty.NOTES:plea made after arraignment and after trial

has begun does not entitle accused to themitigating circumstanceIf accused pleaded not guilty, even if duringarraignment, he is entitled to mitigatingcircumstance as long

as he withdraws hisplea of not guilty to the charge before thefiscal could present his evidence.Plea to a lesser charge is not a MitigatingCircumstance because to be such, the plea

of guilt must be to the offense charged.Plea to the offense charged in the amendedinfo, lesser than that charged in the originalinfo, is Mitigating

Circumstance.

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

NOTE: The physical defect must relate to the offensecommitted.

Requisites:

1. The illness of the offender must diminish theexercise of his will-power.2. Such illness should not deprive the offenderof consciousness of his acts.

Par. 8 Physical Defect of OffenderPar. 9 Illness of the Offender

Par. 10 Similar and Analogous Circumstances

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

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


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

KINDS OF AGGRAVATING CIRCUMSTANCES:1. Generic - those which apply to all crimes2. Specific - those which apply only to specificcrimes,3. Qualifying - those that change the nature ofthe crime4. Inherent - which of necessity accompanythe commission of the crime, therefore notconsidered in increasing the penalty to beimposed5. Special - those which arise under special

conditions to increase the penalty of theoffense and cannot be offset by mitigatingcircumstances

RULES ON AGGRAVATING CIRCUMSTANCES:

1. Aggravating circumstances shall NOT beappreciated if:a) They constitute a crime speciallypunishable by law, orb) It is included by the law in defining a crimewith a penalty prescribed, and thereforeshall not be taken into account for the

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

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

3. Aggravating circumstances which arise:a) From the moral attributes of the offender;b) From his private relations with the offendedparty; orc) From any personal cause,

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


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62, par. 3)

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

shall serve to aggravate the liability of only thosepersons who had knowledge of them at the timeof the execution of the act or their cooperationtherein. Except when there is proof of conspiracyin which case the act of one is deemed to be theact of all, regardless of lack of knowledge of thefacts constituting the circumstance. (Art. 62, par.4)

5. Aggravating circumstances, regardless of itskind, should be specifically alleged in the

information AND proved as fully as the crimeitself in order to increase the penalty. (Sec. 9,Rule 110, 2000 Rules of Criminal Procedure)

6. When there is more than one qualifying

aggravating circumstance present, one of themwill be appreciated as qualifying aggravatingwhile the others will be considered as genericaggravating.ART. 14: AGGRAVATING CIRCUMSTANCES

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

Requisites:

1. Offender is public officer2. Public officer must use the influence,prestige, or ascendancy which his officegives him as means to realize criminalpurpose

It is not considered as an aggravating

circumstance where taking advantage of officialposition is made by law an integral elementof thecrime orinherentin the offense,Ex: malversation (Art. 217), falsification of adocument committed by public officers (Art.171).When the public officer did not take advantage ofthe influence of his position, this aggravatingcircumstance is not presentNOTE : Taking advantage of a public position is


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also inherent in the case of accessories underArt. 19, par. 3 (harboring, concealing, or assistingin the escape of the principal of the crime), and incrimes committed by public officers (Arts. 204245).

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

Requisites:

1. That the public authority is engaged in theexercise of his functions.2. That he who is thus engaged in the exerciseof said functions is not the person againstwhom the crime is committed.

3. The offender knows him to be a publicauthority.

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

PERSON IN AUTHORITY public authority, orperson who is directly vested with jurisdiction and hasthe power to govern and execute the lawsEx:1. Governor2. Mayor3. Barangay captain/ chairman4. Councilors5. Government agents6. Chief of Police

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

The crime should not be committed against thepublic authority (otherwise it will constitute directassault under Art.148)This is NOT applicable when committed in the

presence of a mere agent.AGENT subordinate public officer charged w/ the

maintenance of public order and protection andsecurity of life and propertyEx: barrio vice lieutenant, barrio councilman

Par. 3.That the act be committed:(1) with insult or in disregard of the respect

due the offended party on account of his(a)rank, (b) age, or (c) sex or


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

Rules regarding par 3(1):

1. These circumstances shall only beconsidered as one aggravating circumstance.QuickTime and aTIFF (Uncompressed) decompressorare needed to see this picture.2. Rank, age, sex may be taken into accountonly in crimes against persons or honor, theycannot be invoked in crimes against property.3. It must be shown that in the commission ofthe crime the offender deliberately intendedto offend or insult the sex, age and rank ofthe offended party.

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

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

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

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

The AC of disregard of rank, age, or sex is notapplicable in the following cases:1. When the offender acted with passion andobfuscation.

2. When there exists a relationship between theoffended party and the offender.3. When the condition of being a woman isindispensable in the commission of thecrime.(Ex: in parricide, abduction, seductionand rape)

People v s. Lapaz, March 31, 1989

Disregard of sex and age are not absorbed intreachery because treachery refers to the manner ofthe commission of the crime, while disregard of sexand age pertains to the relationship of the victim.

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

NOTES:The aggravating circumstance of dwelling


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requires that the crime be wholly or partlycommitted therein or in any integral part thereof.Dwelling does not mean the permanent

residence or domicile of the offended party orthat he must be the owner thereof. He must,however, be actually living or dwelling thereineven for a temporary duration or purpose.It is not necessary that the accused should have

actually entered the dwelling of the victim tocommit the offense; it is enough that the victimwas attacked inside his own house, although theassailant may have devised means to perpetratethe assault from without.

What aggravates the commission of the crime inones dwelling:1. The abuse of confidence which the offendedparty reposed in the offender by opening thedoor to him; or

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

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

NOTE: If allthese conditions are present, the

offended party is deemed to have given theprovocation, and the fact that the crime is committedin the dwelling of the offended party is NOTan

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

Dwelling is not aggravating in the followingcases:

1. When boththe offender and the offended

party are occupants of the same house, andthis is true even if offender is a servant in thehouse.exception:In case of adultery in the

conjugal dwelling, the same isaggravating. However, if the paramouralso dwells in the conjugal dwelling, the


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applicable aggravating circumstance isabuse of confidence.

2. When robbery is committed by the use of

force upon things, dwelling is not aggravating

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

3. In the crime of trespass to dwelling, it isQuickTime and aTIFF (Uncompressed) decompressorare needed to see this picture.

inherent or included by law in defining thecrime.

4. When the owner of the dwelling gave

sufficient and immediate provocation.There must exist a close relation between

the provocation made by the victim and thecommission of the crime by the accused.5. The victim is not a dweller of the house.

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

There are two aggravating circumstances present

under par.4 which must be independentlyappreciated if present in the same caseWhile one may be related to the other in the factualsituation in the case, they cannot be lumpedtogether. Abuse of confidence requires a specialconfidential relationship between the offender andthe victim, while this is not required for there to beobvious ungratefulness

Requisites Of Abuse Of Confidence:

1. That the offended party had trusted theoffender.

2. That the offender abused such trust bycommitting a crime against the offendedparty.3. That the abuse of confidence facilitated thecommission of the crime.

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


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and qualified seduction (Art. 337).

Requisites of obvious ungratefulness:

1. That the offended party had trusted theoffender;

2. That the offender abused such trust bycommitting a crime against the offendedparty.3. That the act be committed with obviousungratefulness.

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

Par. 5.That the crime be committed in the palaceof the Chief Executive, or in his presence, orwhere public authorities are engaged in thedischarge of their duties, or in a placededicated to religious worship.

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

Requisites Regarding Public Authorities:

1. crime occurred in the public office2. 2. public authorities are actually performing3. their public duties

QuickTime and aTIFF (Uncompressed) decompressorare needed to see this picture.Requisites (Place Dedicated To ReligiousWorship):1. The crime occurred in a place dedicated tothe worship of God regardless of religion2. The offender must have decided to committhe crime when he entered the place ofworship

Except for the third which requires that officialfunctions are being performed at the time of thecommission of the crime, the other placesmentioned are aggravatingper se even if no

official duties or acts of religious worship arebeing conducted there.Cemeteries, however respectable they may be,

are not considered as place dedicated to theworship of God.

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


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whenever such circumstance may facilitatethe commission of the offense

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

When nighttime, uninhabited place or bandaggravating:

1. When it facilitatedthe commission of thecrime; or2. When especially soughtfor by the offender toinsure the commission of the crime or for thepurpose of impunity; or3. When the offendertook advantage thereoffor the purpose of impunity

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

Commission of the crime must begin and beaccomplished in the nighttime. When theplace of the crime is illuminated by light,nighttime is not aggravating. It is notconsidered aggravating when the crimebegan at daytime.Nighttime is not especially sought for when

the notion to commit the crime wasconceived of shortly before commission orwhen crime was committed at night upon acasual encounterHowever, nighttime need not be specifically

sought for when (1) it facilitatedthe

commission of the offense, or (2) theoffender took advantageof the same to

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

GENERAL RULE: Nighttime is absorbed intreachery.

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

1966), nighttime was considered since it waspurposely sought, and treachery was furtherappreciated because the victims hands and


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arms were tied together before he wasbeaten up by the accused.In People vs. On g, et. al . (Jan. 30, 1975),

there was treachery as the victim wasstabbed while lying face up and defenseless,and nighttime was considered upon proofthat it facilitated the commission of theoffense and was taken advantage of by theaccused.

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

Solitude must be sought to better attain thecriminal purposeWhat should be considered here is whether in theplace of the commission of the offense, there wasa reasonable possibility of the victim receiving

some help.

BAND (en cuadrilla) whenever there are more

than 3 armed malefactors that shall have actedtogether in the commission of an offense

NOTE: There mustbe four or more armed men

If one of the four-armed malefactors is a principalby inducement, they do not form a band because

it is undoubtedly connoted that he had no directparticipation.By a band is aggravating in crimes against

property or against persons or in the crime ofillegal detention or treason but does not apply tocrimes against chastityBy a band is inherent in brigandage This aggravating circumstance is absorbed in the

circumstance of abuse of superior strength

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

misfortune.Requisites:1. The crime was committed when there was acalamity or misfortune2. The offender took advantage of the state ofconfusion or chaotic condition from suchmisfortune

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


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aggravating circumstance may not be taken intoconsideration.

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 thecommission of the crime, directly orindirectly.2. That the accused availedhimself of their aidorreliedupon them when the crime wascommitted.QuickTime and aTIFF (Uncompressed) decompressorare needed to see this picture.

NOTE: This aggravating circumstance requires thatthe armed men are accomplices who take part in aminor capacity directly or indirectly, and not when

they were merely present at the crime scene. Neithershould they constitute a band, for then the properaggravating circumstance would be cuadrilla.

When This Aggravating Circumstance Shall NotBe Considered:

1. When both the attacking party and the partyattacked were equally armed.2. When the accused as well as those whocooperated with him in the commission of thecrime acted under the same plan and for thesame purpose.

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

Page 17 of 174

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

Aid of armed men includes armed women.

Par. 9. That the accused is a recidivist

RECIDIVIST one who at the time of his trial for onecrime, shall have been previously convicted by finaljudgment of another crime embraced in the same titleof the RPC.


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Requisites:

1. That the offender is on trial for an offense;2. That he waspreviously convictedby finaljudgmentof another crime;3. That both the first and the second offenses

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

MEANING OF at the time of his trial for onecrime.It is employed in its general sense, including therendering of the judgment. It is meant to includeeverything that is done in the course of the trial, fromarraignment until after sentence is announced by thejudge in open court.

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

GENERAL RULE: To prove recidivism, it isnecessary to allege the same in the information andto attach thereto certified copy of the sentencesrendered against the accused.Exception: If the accused does not object andwhen he admits in his confession and on thewitness stand.Recidivism must be taken into account no matter

how many years have intervened between thefirst and second felonies.

Amnesty extinguishes the penalty and its effects.

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

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

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

If both offenses were committed on the samedate, they shall be considered as only one,


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hence, they cannot be separately counted inorder to constitute recidivism. Also, judgments ofconvicted handed down on the same day shall beconsidered as only one conviction.REASON: Because the Code requires that to beconsidered as separate convictions, at the time ofhis trial for one crime the accused shall havebeen previously convicted by final judgment ofthe other.

QuickTime and aTIFF (Uncompressed) decompressorare needed to see this picture.Par. 10. That the offender has been previouslypunished for an offense to which the lawattaches an equal or greater penalty or fortwo or more crimes to which it attaches alighter penalty.

Requisites OfReiteracionOr Habituality:

1. That the accused is on trial for an offense;2. That he previously served sentence foranother offense to which the law attaches ana) Equal orb) Greater penalty, orc) For two or more crimes to which itattaches a lighter penalty than thatfor the new offense; and3. That he is convicted of the new offenseTHE FOUR FORMS OF REPETITION ARE:

1. Recidivism (par. 9, Art. 14) Where a person,

on separate occasions, is convicted of two offensesembraced in the same title in the RPC. This is ageneric aggravating circumstance.

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

3. Multi-recidivism or Habitual delinquency(Art.62, par, 5) Where a person within a period of ten

years from the date of his release or last conviction ofthe crimes of serious or less serious physical injuries,robbery, theft, estafa or falsification, is found guilty ofthe said crimes a third time or oftener. This is anextraordinary aggravating circumstance.

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


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Since reiteracion provides that the accused has

duly served the sentence for his previousconviction/s, or is legally considered to have

Par. 13. That the act be committed with evidentpremeditation

Requisites:

The prosecution must prove1. The time when the offender determined tocommit the crime;2. An actmanifestly indicating that the culprithas clung to his determination; and3. A sufficient lapse of time between thedetermination and execution, to allow him toreflect upon the consequences of his act andto allow his conscience to overcome theresolution of his will.

Essence of premeditation:The execution of the

criminal act must be preceded by cool thought andreflection upon the resolution to carry out the criminalintent during the space of time sufficient to arrive at acalm judgment.

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

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

Premeditation is absorbedby reward or promise.

When the victim is different from that intended,premeditation is not aggravating. However, if theoffender premeditated on the killing ofanyperson, it is proper to consider against the

offender the aggravating circumstance ofpremeditation, because whoever is killed by himis contemplated in his premeditation.

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

The offender must have actually used craft, fraud, or


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disguise to facilitate the commission of the crime.CRAFT (astuc ia) involved the use of intellectualtrickery or cunning on the part of the accused.A chicanery resorted to by the accused to aid in theexecution of his criminal design. It is employed as ascheme in the execution of the crime.AUD (fraude) insidious words or machinationsused to induce the victim to act in a manner whichwould enable the offender to carry out his design.

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

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

where the accused pretended to hire the

driver in order to get his vehicle, it was heldthat there was craft directed to the theft of thevehicle, separate from the meanssubsequently used to treacherously kill thedefenseless driver.QuickTime and aTIFF (Uncompressed) decompressorare needed to see this picture.

InPeople vs. Masi lang(July 11, 1986) there

was also craft where after hitching a ride, theaccused requested the driver to take them toa place to visit somebody, when in fact they

had already planned to kill the driver.

DISGUISE (disfraz) resorting to any device toconceal identity.

The testof disguise is whether the device or

contrivance resorted to by the offender wasintended to or did make identification moredifficult, such as the use of a mask or false hair orbeard.

The use of an assumed name in the publication

of a libel constitutes disguise.

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

Par. 15 contemplates two aggravating circumstances,either of which qualifies a killing to murder.MEANING OF advantage be taken:


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

No Advantage Of Superior Strength In TheFollowing:1. One who attacks another withpassion andobfuscation does not take advantage of hissuperior strength.2. When a quarrel arose unexpectedlyand thefatal blow was struck at a time when theaggressor and his victim were engagedagainst each other as man to man.

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

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

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

Abuse of superior strength is also present when

the offender uses a weapon which is out ofproportion to the defense available to theoffended party.MEANING OF Means employed to weakendefense - the offender employs means thatmateriallyweaken the resisting power of the offendedparty.

Ex:1. Where one, struggling with another, suddenlythrows a cloak over the head of his opponentand while in this situation he wounds or killshim.

2. One who, while fighting with another,suddenly casts sand or dirt upon the lattereyes and then wounds or kills him.3. When the offender, who had the intention tokill the victim, made the deceasedintoxicated, thereby materially weakening thelatters resisting power.NOTE: This circumstance is applicable only tocrimes against persons, and sometimes against


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person and property, such as robbery withphysical injuries or homicide.

QuickTime and aTIFF (Uncompressed) decompressorare needed to see this picture.Par. 16. That the act be committed with treachery(alevosia)

TREACHERY when the offender commits any ofthe crimes against the person, employing means,methods or forms in the execution thereof which tenddirectly and specially to insure its execution withoutrisk to himself arising from the defense which theoffended party might make.

Requisites:

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

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

TEST:It is not only the relative position of the parties

but, more specifically, whether or not the victim wasforewarned or afforded the opportunity to make adefense or to ward off the attack.

Rules Regarding Treachery:

1. Applicable only to crimes against persons.2. Means, methods or forms need not insureaccomplishment of crime.3. The mode of attack must be consciouslyadopted.

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

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

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

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

Treachery must be proved by clear andconvincing evidence


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Treachery is considered against all the offenders

when there is conspiracy.

WHEN MUST TREACHERY BE PRESENT:1. When the aggression is con t inuous,

treachery must be present in the beginningof

the assault. (PEOPLE vs. MANALAD, GRNo. 128593, Au gu st 14, 2002)

Thus, even if the deceased was shotwhile he was lying wounded on theground, it appearing that the firing of theshot was a mere continuation of theassaultin which the deceased waswounded, with no appreciable timeintervening between the delivery of theblows and the firing of the shot, it cannotbe said that the crime was attended bytreachery.2. When the assault was not cont inuous, inthat there was interruption, it is sufficient thattreachery was present at the moment thefatal blow was given.

Hence, even though in the inception ofthe aggression which ended in the deathof the deceased, treachery was notpresent, ifthere was a break in thecontinuity of the aggression and at thetime of the fatal wound was inflictedonthe deceased he was defenseless, thecircumstance of treachery must be takeninto account.Treachery Should Be Considered Even If:1. The victim was not predetermined but there

was a generic intent to treacherously kill anyfirst two persons belonging to a class. (Thesame rule obtains for evident premeditation).2. There was aberratio ictusand the bullet hit a

person different from that intended. (The ruleis different in evident premeditation).3. There was error in personae, hence thevictim was not the one intended by theaccused. (A different rule is applied inevident premeditation).REASON FOR THE RULE: When there istreachery, it is impossible for either the intended

victim or the actual victim to defend himselfagainst the aggression.TREACHERY ABSORBS:

1. Craft2. Abuse of superior strength3. Employing means to weaken the defense4. Cuadrilla (band)5. Aid of armed men6. NighttimeQuickTime and a


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TIFF (Uncompressed) decompressorare needed to see this picture. Par. 17. That means be employed orcircumstances brought about which addignominy to the natural effects of the act

IGNOMINY is a circumstance pertaining to themoral order, which adds disgrace and obloquy to the

material injury caused by the crime.

MEANING OF which add ignominy to the naturaleffects thereofThe means employed or the circumstances brought

about must tend to make the effects of the crimemore humiliating to victim or to put the offended partyto shame, or add to his moral suffering. Thus it isincorrect to appreciate ignominy where the victim wasalready dead when his body was dismembered, forsuch act may not be considered to have added to thevictims moral suffering or humiliation. (People vs.Carmina, G.R. No. 81404, January 28, 1991)

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

Par. 18. That the crime be committed after anunlawful entry.

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

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

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

Par. 19. That as a means to the commission of acrime, a wall, roof, floor, door, or window bebroken.

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

It is NOT necessary that the offender shouldhave entered the building Therefore, If theoffender broke a window to enable himself toreach a purse with money on the table near


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that window, which he took while his bodywas outside of the building, the crime of theftwas attended by this aggravatingcircumstance.

PAR. 19 PAR. 18It involves the breaking(rompimiento) of theenumerated parts ofthe house.Presupposes that thereis no such breaking asby entry through thewindow.

NOTE: Breaking in is lawfulin the following

instances:1. An officer, in order to make an arrest, maybreak open a door or window of any building

in which the person to be arrested is or isreasonably believed to be;2. An officer, if refused admittance, may breakopen any door or window to execute thesearch warrant or liberate himself,3. Replevin, Section 4, Rule 60 of the Rules ofCourt

Par. 20. That the crime be committed(1) with the aid of persons under fifteen (15)

years of age, or(2) by means of motor vehicles, airships, or

other similar means.

TWO DIFFERENT CIRCUMSTANCES GROUPEDIN THIS PARAGRAPH:1. With the aid of persons under fifteen years ofQuickTime and aTIFF (Uncompressed) decompressorare needed to see this picture.age:Intends to repress, so far as possible, the

frequent practice resorted to by professionalcriminals to avail themselves of minors takingadvantage of their irresponsibility.2. By means of motor vehicles, airships, orother similar means:Intended to counteract the great facilities

found by modern criminals in said means tocommit crime and flee and abscond once thesame is committed.

Use of motor vehicle is aggravating where the accusedpurposely and deliberatelyusedthe motor vehicle in going to the place of thecrime, in carrying away the effects thereof,and in facilitating their escape.MEANING OF or other similar means


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

Par. 21. That the wrong done in the commission

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

CRUELTY there is cruelty when the culprit enjoysand delights in making his victim suffer slowlyandgradually, causing unnecessary physicalpain in the

consummation of the criminal act.

Requisites:

1. That the injury caused be deliberatelyincreasedby causing other wrong;

2. That the other wrong be unnecessaryfor theexecution of the purpose of the offender.

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

positive proof that the wounds found on the bodyof the victim were inflicted while he was still alivein order unnecessarily to prolong physicalsuffering.Cruelty cannot be presumedIf the victim was already dead when the acts of

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

IGNOMINY (PAR.17) CRUELTY (PAR. 21)Involves MORALsufferingRefers to PHYSICALsuffering

Unlike mitigating circumstances (par. 10, Art.

13), there is NO provision for aggravatingcircumstances of a similar or analogouscharacter.

ART.15 Concept of Alternative Circumstances


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

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

THE ALTERNATIVE CIRCUMSTANCES ARE:

1. Relationship;2. Intoxication; and3. Degree of instruction and education of theoffender.RELATIONSHIP

The alternative circumstance of relationship shall be

taken into consideration when the offended party isthe1. Spouse,2. Ascendant,3. Descendant,4. Legitimate, natural, or adopted brother orsister, or5. Relative by affinity in the same degree of theoffender.

Other Relatives Included (By Analogy):

1. The relationship of stepfather or stepmotherand stepson or stepdaughter.REASON:It is the duty of the

stepparents to bestow upon theirstepchildren a mothers/fathers affection,care and protection.QuickTime and aTIFF (Uncompressed) decompressorare needed to see this picture.2. The relationship of adopted parent andadopted child.

NOTE: But the relationship of uncle and niece is not

covered by any of the relationship mentioned.

When Relationship Mitigating And WhenAggravating:1. As a rule, relationship is mitigating in crimesagainst property, by analogy to the provisions ofArt. 332.

Thus, relationship is mitigating in the crimes


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of robbery (Arts. 294-302), usurpation (Art.312), fraudulent insolvency (Art. 314) andarson (Arts. 321-322, 325-326).

2. In crimes against personsa) It is aggravating where the offended party isa relative ofI. a higher degree than the offender, orII. when the offender and the offended partyare relatives of the same level(e.g.brothers)

b) But when it comes to physical injuries:i. It is aggravating when the crimeinvolves serious physical injuries (Art.263), even if the offended party is adescendant of the offender. But theserious physical injuries must not beinflicted by a parent upon his child byexcessive chastisement.ii. It is mitigating when the offensecommitted is less serious physicalinjuries or slight physical injuries, if theoffended party is a relative of a lowerdegree.iii. It is aggravating if the offended party isa relative of a higher degree of theoffender.

c) When the crime is homicide or murder,

relationship is aggravating even if the victimof the crime is a relative of a lower degree.

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

3. In crimes against chastity, like acts oflasciviousness (Art. 336), relationship is alwaysaggravating, regardless of whether the offenderis a relative of a higher or lower degree of the

offended party.

When the qualification given to the crime is

derived from the relationship between theoffender and the offended party, it is neither

mitigating nor aggravating, because it isinseparable from and inherentin the offense.


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(e.g. parricide, adultery and concubinage).

INTOXICATION

When Intoxication Mitigating And WhenAggravating:1. Mitigatingi. If intoxication is not habitual, orii. If intoxication is not subsequent to the plan tocommit a felony.

2. Aggravatingi. If intoxication is habitual, orii. If it is intentional(subsequent to the plan tocommit a felony).

To Be Entitled To The Mitigating Circumstance OfIntoxication, It Must Be Shown:1. That at the time of the commission of thecriminal act, the accused has taken suchquantity of alcoholic drinks as to blur hisreason and deprive him of a certain degreeof control, and2. That such intoxication is not habitual, orsubsequent to the plan to commit the felony.To be mitigating, the accuseds state of

intoxication must be proved. Onceintoxication is established by satisfactoryevidence, in the absence of proof to thecontrary, it is presumed to be non-habitual orunintentional.

INSTRUCTION OR EDUCATION

As an alternative circumstance it does notrefer only to literacy but more to the level ofintelligence of the accused.Refers to the lack or presence of sufficient

intelligence and knowledge of the fullsignificance of ones acts.Low degree of instruction and education

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

GENERAL RULE: Lack of sufficient education ismitigating.QuickTime and aTIFF (Uncompressed) decompressorare needed to see this picture.EXCEPTIONS:1. Crimes against property (e.g. arson,estafa, theft, robbery)2. Crimes against chastity, and3. Treason because love of country


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

ART. 4: CRIMINAL LIABILITY

Par.1 Criminal liability for a felony committeddifferent from that intended to be committed1. felony has been committed intentionally2. injury or damage done to the other party isthe direct, natural and logical consequenceof the felony

Hence, since he is still motivated by criminal intent,the offender is criminally liable in:1. Error in personae mistake in identity2. Abberatio ictus mistake in blow

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

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

Requisites:

1. Act would have been an offense againstpersons or property.2. There was criminal intent.3. Accomplishment is inherently impossible; orinadequate or ineffectual means areemployed.4. Act is not an actual violation of anotherprovision of the Code or of special law.

Impossible crime occurs when there is:

Par. 2 Impossible Crime1. inherent impossibility to commit the crime2. inadequate means to consummate the crime3. ineffectual means to consummate the crimeArt. 5: Duty of the court in connection withacts which should be repressed but which arenot covered by the law, and in cases ofexcessive penalties


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

ART. 6: CONSUMMATED, FRUSTRATED, ANDATTEMPTED FELONIES

STAGES OF EXECUTION:

1. CONSUMMATED when all the elementsnecessary for its execution and accomplishmentare present

2. FRUSTRATEDElements:

a. offender performs all acts of executionb. all these acts would produce the felonyas a consequencec. BUT the felony is NOT producedd. by reason of causes independent of thewill of the perpetrator

3. ATTEMPTEDElements:

a. offender commences the felony directlyby overt actsb. does not perform all acts which wouldproduce the felonyc. his acts are not stopped by his own

spontaneous desistance

Crimes, which do not admit of Frustrated andAttempted Stages:

1. Offenses punishable by Special Penal Laws,unless the law provides otherwise2. Formal crimes consummated in oneinstance

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

(Ex: attempt to flee to an enemy country, treason, corruption of minors)5. Felonies by omission6. Crimes committed by mere agreement(Ex: betting in sports: ending,corruption of public officers)

Crimes which do not admit of Frustrated Stage:1. Rape2. Bribery


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3. Corruption of Public Officers4. Adultery5. Physical Injury

Crimes, which do not admit of Frustrated andAttempted Stages:

1. Offenses punishable by Special Penal Laws,unless the law provides otherwise2. Formal crimes consummated in oneinstance

(Ex: slander, adultery, etc.)3. Impossible Crimes4. Crimes consummated by mere attempt(Ex: attempt to flee to an enemy country, treason, corruption of minors)5. Felonies by omission6. Crimes committed by mere agreement(Ex: betting in sports: ending,corruption of public officers)

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

Exception to the exception: When the actconstitutes an indivisible offense.PROPOSAL TO COMMIT A FELONY

Requisites:

A person has decided to commit a felonyAnd proposes its execution to some otherperson or persons

OVERT ACTS IN CONSPIRACY MUST

NSIST OF:

1. Active participation in the actualcommission of the crime itself, or2. Moral assistance to his co-conspirators bybeing present at the time of thecommission of the crime, or3. Exerting a moral ascendance over the

other co-conspirators by moving them toexecute or implement the criminal planPeople v. Abu t, et al.

(GR No. 137601, Apr il 24,

2003)

PLURAL CRIMES

1)PLURALITY OF CRIMES


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2)KINDS OF PLURAL CRIMESa.COMPLEX CRIMESb.SPECIAL COMPLEX CRIMESc.CONTINUED AND

CONTINUING CRIMES

1) PLURALITY OF CRIMES

Consists in the successive executionby the same individualof different criminal actsupon any of which no conviction has yetbeen declared.

Philosophy behind plural crimes

:The treatment of plural crimes as one isto be lenient to the offender, who,

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CRIMINAL LAWinstead of being made to sufferdistinct penalties for every resultingcrimeis made to suffer one penalty only,althoughit is the penalty for the mostserious one andis in the maximum period.

If by complexing the crime, the penalty

would turn out to be higher, do notcomplex anymore.

Example:

Crimes:Murder and theft (killed with treachery, andthen stole the wallet).

Penalty:If complex:Reclusion temporal maximum to death.If treated individually:Reclusion temporal to Reclusion Perpetua

Complex-crime is not just a matter ofpenalty, but of substance under theRevised Penal Code.


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PLURALITY OFCRIMESRECIDIVISM

There is no convictionof any of the crimescommitted.

There must beconviction by finaljudgment of the firstor prior offense.

2) KINDS OF PLURALITY OF CRIMES

Real or Material Plurality

There are different crimes in law as wellas in the conscience of the offender.In such cases, the offender shall bepunished for each and every offense

that he committed.

Example:

A stabbed B. Then, A also stabbed C. There aretwo crimes committed.

Formal or Ideal Plurality

Single Act Several ActsThrowing a hand

grenadeSubmachine gun A single bullet killingtwo personThere is but one criminal liability in thiskind of plurality.

Divided into 3 groups:

because of the numberof bullets releasedFiring of the revolvertwice in succession

a.When the offender commits any of thecomplex crimes defined in Art. 48 of theCode. (COMPLEX CRIMES)b.When the law specifically fixes a singlepenalty for 2 or more offensescommitted. (SPECIAL COMPLEXCRIMES)c.When the offender commits continuedcrimes. (CONTINUING ANDCONTINUED CRIMES)


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Complex Crimes

a.NATURE OF COMPLEX CRIMESb.TWO KINDS OF COMPLEX CRIMESc.GENERAL RULES IN COMPLEXING

Art. 48. Penalty for complex crimes.

When a single act constitutes two or moregrave or less grave felonies, orwhen an offense is a necessary means forcommitting the other,

the penalty for theperiod.

most serious crime shall be imposed, thesame to be applied in its maximumArt. 48 requires the commission of at least 2

crimes.

But the two or more GRAVE or LESS GRAVEfelonies must bethe result of a SINGLE ACT, oran offense must be a NECESSARY MEANSFOR COMMITTING the other.

a. NATURE OF COMPLEX CRIMES:

although two or more crimesare actuallycommitted,they constitute only one crimein the eyes of the law as wellas in the conscience of the offender.Even in the case where an offense is anecessary means for committing the other,the evil intent of the offender is onlyone.

b. TWO KINDS OF COMPLEX CRIMES

1.COMPOUND CRIME - When a single actresults in two or more grave or less gravefelonies2.COMPLEX CRIME PROPER - When anoffense is a necessary means for

committing the other.

1.COMPOUND CRIME

REQUISITES:

1.That only a SINGLE ACT is performed bythe offender


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2.That the single acts produces

(a) 2 or more grave felonies, or

(b) 1 or more grave and 1 or morelessgrave felonies, or

(c) 2 or more less grave felonies

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Light felonies produced by the same actshould be treated and punished as separateoffenses or may be absorbed by the gravefelony.

Example:

When the crime is committed by force orviolence, slight physical injuries are absorbed.

The basis in compounding the crime is the

act.So that when an offenderperformed more than one act,

although similar,if they result in separate crimes,there is no complex crime at all,

instead, the offender shall be prosecutedfor as many crimes as are committedunder separate information.

Example of a compound crime:

#1The victim was killed while discharging his dutyas barangay captain to protect life and property

and enforce law and order in his barrio.

The crime is a complex crime of homicide withassault upon a person in authority.#2When in obedience to an order several accusedsimultaneously shot many persons, without

evidence how many each killed, there is only asingle offense, there being a single criminalimpulse.


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2. COMPLEX CRIME PROPER

REQUISITES:

1.That at least two offenses are committed2.That one or some of the offenses must benecessary to commit the other3.That both or all the offenses must bepunished under the same statute.The phrase necessary means does not

mean indispensable means

In complex crime, when the offenderexecutes various acts, he must have a singlepurpose.

When there are several acts performed,the assumption is that each act isimpelled by a distinct criminalimpulse, hence each will have a separatepenalty.

However, it may happen thatthe offender is impelled only by asingle criminal impulse

in committing a series of acts thatbrought about more than one crime

In this case, the BASIS forCOMPLEXING is not the singleness of

the act but the singleness of theimpulse that is considered.NO COMPLEX CRIME PROPER:

1.Subsequent acts of intercourse, after forcibleabduction with rape, are separate acts ofrape.2.Not complex crime when trespass to dwellingis a direct means to commit a grave offense.3.No complex crime, when one offense iscommitted to conceal the other.4.When the offender had in his possession thefunds which he misappropriated, the

falsification of a public or official documentinvolving said offense is a separate offense.5.No complex crime where one of the offense ispenalized by a special law.

6.There is no complex crime of rebellion withmurder, arson, robbery, or other commoncrimes (re: rebellion, Ortega thinksotherwise).c. GENERAL RULES IN COMPLEXING CRIMES1.When two crimes produced by a single act


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are respectively within the exclusivejurisdiction of two courts of differentjurisdiction, the court of higherjurisdiction shall try the complex crime.

2.The penalty for complex crime is the penaltyfor the most serious crime, the same to beapplied in its maximum period.

3.When two felonies constituting a complexcrime are punishable by imprisonment andfine, respectively, only the penalty ofimprisonment should be imposed.

4.Art. 48 applies only to cases where theCode does not provide a definite specificpenalty for a complex crime.5.One information should be filed when acomplex crime is committed.6.When a complex crime is charged and one

offense is not proven, the accused canbe convicted of the other.7.Article 48 also applies in cases when outa single act of negligence or imprudence,

two or more grave or less grave feloniesresulted, but only the first part thereof(compound crime). The second part of

Article 48 does not apply, referring to thecomplex crime proper because this applies orrefers only to a deliberate commission of oneoffense to commit another offense.8.Art. 48 does not apply when the lawprovides one single penalty for specialcomplex crimes.

Special Complex/Composite Crimes

The substance is made up of more than onecrime but which

in the eyes of the law is only a single

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indivisible offense.

all those acts done in pursuance of thecrime agreed upon are acts whichconstitute a single crime.

Special Complex CrimesRobbery with Homicide (Art. 294 (1))Robbery with Rape (Art. 294 (2))Kidnapping with serious physical injuries


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(Art. 267 (3))Rape with Homicide (Art. 335)

The liability for special complex crimes islinked with that of conspiracy.

As a general rule,

When there is conspiracy, the rule is thatthe act of one is the act of all.This principle applies only to the crimeagreed upon.

The exception is

if any of the co-conspirator wouldcommit a crime not agreed upon.

This happens when the crime agreedupon and the crime committed by oneof the co-conspirators are distinctcrimes.

Exception to the exception:

In acts constituting a singleindivisible offense,oeven though the co-conspirator

performed different acts bringingabout the composite crime,all will be liable for such

crime.oThey can only evade

responsibility for any other crimeoutside of that agreed upon if it isproved that the particularconspirator had tried to preventthe commission of such other act.

Illustration:

A, B, and C decided to commit robbery in thehouse of D. Pursuant to their agreement, A wouldransack the second floor, B was to wait outside,and C would stay on the first floor.

Unknown to B and C, A raped a girl upstairs.

All of them will be liable for robbery with rape.The crime committed is robbery with rape,which is not a complex crime, but an indivisible

felony under the Article 294 of the RevisedPenal Code.Even if B and C did not know that rape was


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being committed and they agreed only andconspired to rob, yet rape was part ofrobbery. Rape cannot be separated fromrobbery.

The rule would be different if the crimecommitted was not a composite crime.

Illustration:

A, B, and C agreed to kill D. When they saw theopportunity, A, B, and C killed D and after that, Aand B ran into different directions.

C inspected the pocket of the victim and foundthat the victim was wearing a ringa diamondringand he took it.

The crimes committed are homicide and theft.

As far as the homicide is concerned, A, B,and C are liable because that was agreed uponand theft was not an integral part of homicide.This is a distinct crime so the rule will not applybecause it was not the crime agreed upon.

Insofar as the crime of theft is concerned, Cwill be the only one liable. So C will be liable forhomicide and theft.

CIRCUMSTANCES WHICH AFFECT CRIMINAL LIABILITYQUESTION VIII

A. PH killed OJ, his political rival in the election campaign for Mayor of their town. Theinformation against PH alleged that he used an unlicensed firearm in the killing of the victim,and this was proved beyond reasonable doubt by the prosecution. The trial court convicted PHof two crimes: murder and illegal possession of firearms.Is the conviction correct? Reason briefy.NO, PH should be convicted only of murder. The use of the unlicensed firearm shall be appreciated asan aggravating circumstance only and not punishable separately. If homicide or murder is committedwith the use of an unlicensed firearm, such use of an unlicensed firearm shallbe considered as an aggravating circumstance. (R.A. NO. 8294, Sec. 1)

REPUBLIC ACT NO. 9165 June 7, 2002

AN ACT INSTITUTING THE COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002,REPEALING REPUBLIC ACT NO. 6425, OTHERWISE KNOWN AS THE DANGEROUS DRUGSACT OF 1972, AS AMENDED, PROVIDING FUNDS THEREFOR, AND FOR OTHER PURPOSES

As an aggravating circumstance:

Section 8. Manufacture of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals .- The penalty of life imprisonment to death and a fine ranging Five hundred thousand pesos


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(P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed upon any person, who,unless authorized by law, shall engage in the manufacture of any dangerous drug.

The penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty (20) yearsand a fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousandpesos (P500,000.00) shall be imposed upon any person, who, unless authorized by law, shall

manufacture any controlled precursor and essential chemical.

The presence of any controlled precursor and essential chemical or laboratory equipment in theclandestine laboratory is aprima facie proof of manufacture of any dangerous drug. It shall beconsidered an aggravating circumstance if the clandestine laboratory is undertaken or establishedunder the following circumstances:

(a) Any phase of the manufacturing process was conducted in the presence or with the helpof minor/s:

(b) Any phase or manufacturing process was established or undertaken within one hundred(100) meters of a residential, business, church or school premises;

(c) Any clandestine laboratory was secured or protected with booby traps;

(d) Any clandestine laboratory was concealed with legitimate business operations; or

(e) Any employment of a practitioner, chemical engineer, public official or foreigner.

The maximum penalty provided for under this Section shall be imposed upon any person, whoorganizes, manages or acts as a "financier" of any of the illegal activities prescribed in this Section.

The penalty of twelve (12) years and one (1) day to twenty (20) years of imprisonment and a fineranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos

(P500,000.00) shall be imposed upon any person, who acts as a "protector/coddler" of any violatorof the provisions under this Section.

Section 25.Qualifying Aggravating Circumstances in the Commission of a Crime by an OffenderUnder the Influence of Dangerous Drugs. Notwithstanding the provisions of any law to thecontrary, a positive finding for the use of dangerous drugs shall be a qualifying aggravatingcircumstance in the commission of a crime by an offender, and the application of the penaltyprovided for in the Revised Penal Code shall be applicable.

Immunity from prosecution and punishment

Section 33. Immunity from Prosecution and Punishment. Notwithstanding the provisions of

Section 17, Rule 119 of the Revised Rules of Criminal Procedure and the provisions of Republic ActNo. 6981 or the Witness Protection, Security and Benefit Act of 1991, any person who has violatedSections 7, 11, 12, 14, 15, and 19, Article II of this Act, who voluntarily gives information about anyviolation of Sections 4, 5, 6, 8, 10, 13, and 16, Article II of this Act as well as any violation of theoffenses mentioned if committed by a drug syndicate, or any information leading to the whereabouts,identities and arrest of all or any of the members thereof; and who willingly testifies against suchpersons as described above, shall be exempted from prosecution or punishment for the offense withreference to which his/her information of testimony were given, and may plead or prove the giving of


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