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APRIL LYNN L. URSAL LLB-1

CRIMINAL LAW IN GENERAL

Fundamental Principles

* Penal Laws - are the acts of the legislature prohibiting certain acts and establishing penalties for their violations.

Limitations on the Power of Congress:

1. The law must be general in application. (equal protection)

2. It must observe substantive and procedural due process.3. It should not impose cruel and unusual punishment or excessive fines.

4. It should not operate as a bill of attainder. (Its essence is the substitution of legislative act for a judicial determination of guilt.)

5. It should not operate as ex post facto law.

* Legis interpretation legis vim obtinet

- the interpretation placed upon a written law by a competent court has the force of law

- Article 8 of the Civil Code

- doctrinal application of the prospectivity rules

- judicial decisions applying laws of the constitution form part of the legal

* Lex prospicit, non respicit- the law looks forward and not backward

Philosophies underlying the criminal law justice system:

1. Classical or Juristic Philosophy

- heinous crimes

- (basis of criminal liability) human free will

- (purpose of penalty) retribution, for the right of the state and/or the private offended party must be observed

- (imposable penalty) predetermined penalty for every crime the gravity of which is directly proportionate to the crime

- (emphasis of the law) on the offense

2. Positivist or Realistic Philosophy

- social crimes

- (basis of criminal liability) consideration that mean is inherently good but because of his environment and upbringing he becomes

socially weak

- (purpose of penalty) corrective or curative to reform the offender

- (determination) on an individual basis after considering his circumstances

- (emphasis of the law) on the actor

3. Ecclectic Philosophy

- mixed

- combines the good features of both the classical and the positivist theories

4. Utilitarian Philosophy

- protective theory

- primary function of punishment in criminal law is to protect society from potential and actual wrong doers

* Equipoise Rule - in favor of the accused; applicable only to criminal responsibility

FELONIES AND CIRCUMSTANCES WHICH AFFECT CRIMINAL LIABILITY

Felonies

Article 3 Classification of Felonies:

(1) Formal Felonies - consummated (always); no frustrated or attempted

(2) Material Felonies - attempted; frustrated; consummated

- As to count:

Composite Complex Compound

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- As to gravity:

Grave Less grave Light

- As to nature:

(1) mala in se - (basis) moral state of the offender, hence good faith of lack of criminal intent is a defense

- (modifying circumstances) taken into account in imposing penalty on the offender bec. his moral trait is the basis of the crime

- (degree of participation) basis whether he is a principal, offender, or merely accessory

(2) mala prohibita - (basis) voluntariness, hence, good faith/lack of criminal intent is not a defense, unless intent is an element of a crime

- (modifying circumstances) not considered because the law prohibits- (degree of participation) the penalty of the offender is the same as they are all deemed principals

- (stage of accomplishment) violation of law is punished only when accomplished or consummated

- Finality of Acquittal Rule - the powers of the state should not be allowed to make repeated attempts to convict an individual for an

alleged offense

* "Promulgation of Decision"- acquittal

* "Judgment"- conviction

* intelligence - capacity to understand what is right and what is wrong

* discernment- relevant to intelligence, not to intent

Article 4 who commits the felony

- dolo or culpa

- impossible crime- liable to all natural and logical consequences

- if your act is the direct result of consequence, you'll be liable

- if it's an intervening act, you'll not be liable

- factors affecting criminal intent:

(1) mistake of fact- fact had been true to the belief of the offender

(2) aberratio ictus - mistake in the blow

- may result in a complex crime, or in 2 felonies although there is just one intent

- offender, intended victim and actual victim

(3) error in personae - mistake in the identity of the victim

- offender and unintended victim

(4)praeter intentionem - injury is on the intended victim, but the resulting consequence is graver than intended

- it does not apply to culpa

(5)proximate cause - a cause which in its natural and continuous sequence, unbroken by an efficient intervening causeproduces the injury and without which the result would not have occurred

* mistake - refers to the situation itself and does not apply to identity because in the latter there is no intent

- effect on error on personae depends on the actual and intended victim and lower penalty shall apply

* impossible crime - acts performed would have been a crime against person or property

- there is criminal intent

- not accomplished because of the inherent impossibil ity or because the means employed is inadequate or ineffectual

- is punished to suppress lawlessness or to teach a lesson to the offender

- no attempted or frustrated

Article 5 a product of a law

- Art. 21 prohibits the imposition of a penalty

- if no law punishes the act, court shall dismiss it, otherwise send a recommendation to the Chief Executive through the Sec. of Justice

- if penalty imposed is excessive, court should still impose corresponding penalty or submit a statement recommending exec. clemency

- question of facts are accorded highest respect on appeal, unless arbitrary or without sufficient basis, the findings of trial courts on

questions of facts are accorded the highest respect or appeal, if not regarded as conclusive

Article 6consummated the execution is completed and the crime is accomplished

-frustrated the execution is completed but the crime does not result due to causes independent to the will of the perpetrator

- attempted begins a commission of a felony by direct overt acts but does not perform all acts of execution which should produce a

felony due to other than the offender's own spontaneous desistance

*overt acts - external acts; if continued will result to a felony; start of criminal liability

* directly - the offender is liable for the attempted stage of felony; directly linked to the overt act irrespective of the intention

* desistance - absolutory circumstance (only in the attempted stage)

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- in attempted stage, the offender has still control of his acts

- stages: planning; time before execution; the execution

- 2 phases of a felony:

subjective phase - there is still control over his acts; has not yet passed, felony would be a mere attempt (attempted) objective phase - there is no more control over his acts (frustrated)

*execution

- not all acts of execution have been done (attempted)

- all act of execution has been performed (frustrated)

*non-accomplishment- it is a cause or accident other than the offender's own spontaneous desistance (attempted)

- it is some cause independent of the will of the perpetrator (frustrated)

- development of a crime:

internal acts - are not punished external acts - refer to preparatory acts of execution

* preparatory acts - are not punished unless these acts are punished in themselves as independent crimes

* proposal and conspiracy to commit a crime - are not punished except in those cases provided for law

Article 7 light felonies are punishable only when consummated except in crimes against persons or property

- however, only the principals and accomplices are liable, accessories are not

Article 8conspiracyin statutory language exists when 2 or more persons agree to commit a crime and decide to commit it- when proposal is accepted, it becomes conspiracy; the essence of conspiracy is community of criminal intent

- it is essential for one to be liable for the acts of the others that there be intentional participation in the transaction with a view to the

furtherance of the common design

- except when he is the mastermind of the conspiracy, it is necessary that a co-conspirator should have performed some overt acts as a

direct or indirect contribution in the execution of the crime planned to be committed

- overt acts may consist of active participation in the actual commission of the crime itself; moral assistance to his co-conspirators by

being present at the commission of the crime; or exerting moral ascendancy over the co-conspirators

- 2 concepts of conspiracy:

as to the crime itself subject conspiracy is not yet committed but mere act of conspiring is defined and punished as a crime as a basis of incurring liability the execution of the plan is commenced

*criminis particeps - a partner in crime; accomplice

-mere knowledge, acquiescence to or approval of the act without cooperation or agreement to cooperate, is not enough to constitute

one party to a conspiracy absent the intentional participation

- requisites: there must be agreement; and decision to commit the act

- conspiracy is not presumed; like physical acts constituting the crime itself, the elements of conspiracy

*Arias Doctrine - all heads of offices have to rely to a reasonable extent on their subordinates and on the good faith of those who

prepare bids, purchase supplies, or enter into negotiations

Article 9 - grave felonies are penalized by capital punishment or afflictive penalties in any of its periods, i.e. minimum, medium and maximum

period of the penalty is an afflictive penalty. Afflictive penalties over prision mayor, disqualification, reclusion temporal and reclusion

perpertua; penalty of more than 6 years

- less grave felonies are punished with penalties which in their maximum period are correctional, thus the maximum period of the

penalty must be correccional, that is, destierro, suspension, arresto mayor or prision correccional

- light felonies are infractions punished with arresto menor or fine of 200 below

(note: in Article 26, a fine of 200 is considered correccional)

- classification of penalties as to severity is significant to determine:

- whether the accessory is liable (Art. 16)

- whether a complex crime was committed (Art. 48)

- if the felony is punishable (Art. 7 on light felonies)

- the duration of subsidiary penalty (Art. 39, no. 2)

- the duration of intention in case of failure to post bond to keep peace (Art. 5)

- whether the crime has prescribed (Art. 90)

- the proper penalty for quasi-officers (Art. 365)

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Article 10 - special penal laws define and penalize crimes not included in the Code; they are different from those defined and punished in the Code

- this distinction is important with reference to the intent with which a wrongful act is done.

- the general rule is that special laws are not subject to the provisions of the Revised Penal Code

- however, the Code shall have the supplementary application to the special laws whenever the latter uses the nomenclature of penalties

in the Code, thus indication of the intent of the Congress to make the Code apply suppletory, necessary, with its duration, correlation and

legal effects under its system of penalties

- the suppletory effect of the Code to special law under this article cannot be invoked where there is legal or physical impossibility of or a

prohibition in special law against such suppletory application

- dolo is not required in crimes punished by a special statute

- absolutory circumstances: instigation due to public policy spontaneous desistance in the attempted stage unless the over act committed constitutes another crime attempted/frustrated light felonies except those against persons or property accessories in light felonies accessories relative other then profiting in the crime death/physical injuries under extra-ordinary circumstance certain relatives in theft, estafa and malicious mischief somnambulism (sleep walking) mistake of fact total repeal of penal law

- entrapmentis the employment of ways and means for the purpose of trapping or capturing a lawbreaker, the idea to commit originates

in the minds of the instigator and the accused is lured into the commission of the offense charged in order to prosecute him

- instigation is an absolutory circumstance akin to an exempting circumstance; doesn't have an intention to commit a crime

Justifying Circumstances and Circumstances which Exempt from Criminal Liability

Article 11 -Justifying Circumstances

- are those where the acts of the actors are in accordance with the law and hence he incurs no criminal liability

- it affects the act, not the actor

- the act is considered to have been done within the bounds of law; hence, legitimate and lawful in the eyes of the law

- since the act is considered lawful, there is no crime

- since there is no crime, there is no criminal liability

- the effect of invoking self-defense is to place the burden in the accused to prove to the satisfaction of the court the fact of legitimate

defense because thereby he admits the act complained

* self-defense:

unlawful aggression the primordial requisite which must be present at all times- must be actual, sudden, unexpected attack or imminent danger thereof, and not merely a threatening or

intimidating attitude

- must be real or at least imminent; means an attack of physical force

- when the aggression no longer exists, there is no need for self-defense

reasonable necessity of the means employed depends upon the circumstances surrounding theaggression, the state of mind of the aggressor and the available weapon at the defenders disposal

- there is no reasonable necessity of the means of defense when the unlawful aggression has already ceased

- does not imply commensurability between the means of attack and defense

- stand ground when in the right is the rule which 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, this rule has

superseded the rule retreat to the wall which makes it a duty of a person

lack of sufficient provocation on the part of the person defending himself on the part of the persondefending himself shows that there may have been provocation but it should not be sufficient and it must notimmediately precede the act

- it is not enough that the provocative act be unreasonable or annoying

- in defense of ones chastity, there must be imminent and immediate danger of rape to justify the killing; if it were

only acts of lasciviousness, the killing is unreasonable means

- slander may be means to repel slander, but it must not be more than needed to defend himself from the

defamatory remarks

- in defense of property, killing is not justified, there must be in addition the necessity to save another life

* defense of relatives:

unlawful aggression reasonable necessity of the means employed in case the provocation was given by the person attacked, the person defending had no part therein

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* defense of strangers:

unlawful aggression reasonable necessity of the means employed to prevent or repel it the person defending is not induced by revenge, resentment or other evil motives(beyond 4

thdegrees of consanguinity is a defense for strangers)

- if all requisites are present justifying circumstance

- if 2 requisites, unlawful aggression plus another privileged mitigating circumstance

- if 1 requisite only, which must be unlawful aggression ordinary mitigating circumstance

* avoidance of greater or evil or injury: that the evil sought to be avoided actually exists that the injury feared be greater than that done to avoid it that there be no other practical and less harmful means of preventing it

*fulfillment of duty or lawful exercise of right or office:

that the accused acted in the performance of a duty or in the lawful exercise of a right or office that the injury cause or the offense committed be the necessary consequence of such right or office

* obedience to an order issued for some lawful purpose :

an order has been issued by a superior such order must be for some lawful purpose the means used by the subordinate to carry out said order is lawful

Article 12Exempting Circumstances (or the circumstances for non-imputability)

- are those grounds for exemption from punishment, because there is wanting in the agent of the crime any of the conditions which make

the act voluntary or negligent

- the exemption from punishment is based on the complete absence of:

intelligence freedom of action intent absence of negligence on the part of the accused

- it affects the actor, not the act

- the act complained of is actually wrongful, but the actor is not liable

- since the act complained if is actually wrong, there is a crime; but the actor acted without voluntariness, there is no dolo nor culpa

- since there is a crime committed though there is no criminal, there is civil liability

* imbecility or insanity exists when there is a complete deprivation of intelligence freedom of the will

- Art. 79 refers to insanity after the commission of the crime;

- Art. 12 refers to insanity at the very moment the crime is being committed

- where an imbecile or insane person has committed a felony, the court shall order his confinement in one of the hospitals or

asylums, and he shall not be permitted to leave without the permission of the court and Director of Health

- imbecile - is exempt in all cases from criminal liability

- who while advanced in age, has a mental development comparable to that of children between 2 & 7 years of age

- is a defense pertains to the mental condition of a person

- there is also a test of cognition and volition

- insane - is not so exempt if it can be shown that he acted during a lucid interval (during lucid interval,

the insane acts with intelligence)- it exists when there is a complete deprivation of intelligence while committing the act

- insanitymeaning section 1039 of the Administrative code

* schizophrenia (formerly called dementia praecox)

- chronic mental disorder characterized by inability to distinguish between fantasy and reality

- often accompanied by hallucinations and delusions

- recognizable through odd and bizarre behavior apparent in aloofness or periods of impulsive destructiveness and

immature and exaggerated emotionality

- suffers from a feeling of rejection and an intolerable lack of self-respect

- not considered as exempting circumstance

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* kleptomania

- neurotic impulse to steal

* epilepsy

- a chronic nervous disease characterized by fits, occurring at intervals, attended by compulsive motions of the

muscles and loss of consciousness

*feeblemindedness

- it is not imbecility because the offender would distinguish right from wrong

- weakness; ineffectiveness

*pedophilia

- a sexual disorder wherein the subject has strong, recurrent and uncontrollable sexual and physical fantasies about

children which he tries to fulfill, especially when there are no people around

* amnesia

- sudden loss of memory

- it is no defense to a criminal charge unless it is shown by competent proof that the accused did not know the nature

and quality of his action and that it was wrong

- other cases of lack of intelligence:

* while in a dream/somnambulism

* while suffering from malignant malaria

- 2 tests of insanity: test of cognition complete deprivation of intelligence in committing the criminal act test of volition total deprivation of the freedom of the will

* a person under 9 years of age

- is absolutely and conclusively presumed to be incapable of committing a crime

- amended by R.A. 9344or Juvenile Justice and Welfare Act of 2006, raised the age of absolute irresponsibility from 9 to 15

* person over 9 years of age and under 15, acting without discernment

- intent desired act of a person

- discernment mental capacity to fully appreciate the consequences of an unlawful act

- moral significance that a person ascribes to the said act

- may be shown by:

manner of committing a crime conduct of the offender

- repealed by R.A. 9344:

- a child 15 years of age or under no criminal liability; subject to an intervention program

- a child 15 to 18 years no criminal liability; subject to intervention program

unless acted with discernment, shall be subject to appropriate proceedings

- exemption from criminal liability does not exclude exemption from civil liability

- 4 parts of a life of a human being:

age of absolute irresponsibility 9 years and below (infancy) age of conditional responsibility between 9 and 15 age of full responsibility 18 or over (adolescence) to 70 (maturity) age of mitigated responsibility 9 to under 15 acting with discernment;

- 15 or over but less than 18

- over 70 years of age

- minors who are exempt from criminal liability:

9 years or under absolute irresponsibility (conclusive presumption) 9 to 15 years absolute irresponsibility (conclusive presumption) below 18 to over 15 years conditional responsibility, acted without discernment (disputable presumption under 18 years absolute irresponsibility in the following cases: vagrancy and prostitution

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* a person who, while performing a lawful act with due care, causes injury by mere accident without fault or intention causing it

- elements:

a person is performing an unlawful act with due care he causes injury to another by mere accident without fault or intention of causing it

* accident something 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

- 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 human foreseeable consequences

* negligence - the omission to do something which a reasonable man, guided by those consideration

which ordinarily regulate the conduct of human affairs, or the doing of something which a prudent and reasonable

man would not do.

* In case of accident, actor must not leave the victim so that he will not be held liable for abandonment under Art. 275 of RPC.

*a person who acts under compulsion of a irresistible force

- elements:

compulsion is by means of physical force physical force must be irresistible physical force must come from a third person

* a person who acts under the impulse or uncontrollable fear of an equal or greater injury

- compulsion is by means of intimidation or threat, not force or violence

- duress as a valid defense should be based on real, imminent, or reasonable fear for ones life or limb and should not be

speculative, fanciful or remote fear

* actus me invito factus non est meus actus an act done by me which is against my will is not my act

- elements:

that the threat which causes the fear is of an evil greater than, or at least equal to, that which he is required tocommit

that it promises an evil of such gravity and imminence that the ordinary man would have succumbed to it* irresistible force uses violence or physical force to compel another person to commit a crime

* uncontrollable fear employs intimidation or threat in compelling another to commit a crime

* a person who fails to perform an act required by law, when prevented by some lawful or insuperable cause

- elements:

that an act is required by law to be done that a person fails to perform such act that his failure to perform such act was due to some lawful or insuperable cause

- absolutory causes the act committed is a crime but for reasons of public policy and sentiment, there is no penalty imposed

* Basis:

Exempting Circumstances Basis

1. imbecility or insanity complete absence of intelligence

2. person 9 years under complete absence of intelligence3. person over 9 years and under 15 complete absence of intelligence

4. mere accident lack of intelligence or intent

5. irresistible force complete absence of freedom

6. uncontrollable fear complete absence of freedom

7. prevented by insuperable cause acts without intent

Circumstances which Mitigate Criminal Liability

Article 13Mitigating Circumstances are those which, if present in the commission of the crime, do not entirely free

the actor from criminal liability, but serve only to reduce the penalty

- outside of Art. 13 are extenuating circumstances; such as concealment of dishonor on the part of the mother in infanticide which have

the effect of reducing the penalty

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- the exemption from punishment is based on the diminution of:

freedom of action intelligence intent lesser perversity of the offender

- classes of mitigating circumstances:

Ordinary Privileged

As to effect: If not offset, it will operate to reduce the penalty to the

minimum period, provided the penalty is a divisible one.

It operates to reduce the penalty by 1 to 2 degrees depending

upon what the law provides.As to offset: May be offset by generic aggravating circumstance. Cannot be offset by any kind of aggravating circumstance.

Where found: Subsections 1 to 10 of Art. 13, RPC. Arts. 68, 69 and 64 of the RPC.

~prision mayor 6-12 yrs.max: 10 yrs. 1 day to 12 yrs.

med: 8 yrs. 1 day to 10 yrs.

min: 6 yrs. 1 day to 8 yrs.

~ prision correccional 6 mos. 1 day to 6 yrs.max: 4 yrs. 2 mos. 1 day to 6 yrs.

med: 2 yrs. 4 mos. 1 day to 4 yrs. 2 mos.

min: 6 mos. 1 day to 2 yrs. 4 mos.

~ arresto mayormax: 4 mos. to 6 mos.

med: 2 mos. to 4 mos.

min: 1 mo. to 2 mos.

* incomplete justifying or exempting circumstance

- when all the requisites necessary to justify the act are not attendant:

incomplete self-defense, defense of relatives, and defense of stranger(unlawful aggression must be present)

incomplete justifying circumstance of avoidance of greater evil or injury incomplete justifying circumstance of performance of duty incomplete justifying circumstance of obedience to an order

- when all the requisites necessary to exempt from criminal liability are not attendant: incomplete exempting circumstance of minority over 9 and under 15 years of age incomplete exempting circumstance of accident incomplete exempting circumstance of incontrollable fear

* under 18 or over 70 years old

- legal effects of various ages of the offender:

age of absolute irresponsibility under 9 years of age, an exempting circumstance age of mitigated responsibility over 9 & under 15 years, acting w/o discernment is also an exempting circumstance minor delinquent under 18 years of age, the sentence may be suspended under 18 years of age, privileged mitigating circumstance age of full responsibility 18 years or over, full criminal responsibility age of mitigated responsibility 70 years or over, mitigating circumstance, no imposition of death penalty, execution

of death sentence if already imposed is suspended and commuted

~ minority is always a privileged mitigating circumstance

- Section 38 of R.A. 9344 (Automatic Suspension of Sentence)

- Section 39 of R.A. 9344 (Discharge of the Child in Conflict with the Law)

- Section 40 of R.A. 9344 (Return of the Child in Conflict with the Law to Court)

- Section 42 of R.A. 9344 (Probation as an Alternative to Imprisonment)

* probation is only availed once, and it should be a first time offender

~ senility is only an ordinary mitigating circumstance except when the penalty imposable is death in which case it shall be

reduced to reclusion pursuant to Art. 83

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* no intention to commit so grave a wrong

- if the offender had no intention to commit so grave a wrong as that committed, he is entitled to a mitigating circumstance.

This can be taken into account only when the facts proven show that there is a notable and evident disproportion between the

means employed to execute the criminal act and its consequences

- this is not applicable to culpable felonies

* sufficient provocation or threat

-provocation any unjust or improper conduct or act of the offended party, capable of exciting, inciting, or irritating anyone

- requisites:

the provocation must be sufficient it must originate from the offended party the provocation must be immediate (no lapse of time between the provocation and the commission of the offense) to

the commission of the crime by the person who is provoked

* The threat should not be offensive and positively strong. Otherwise, the threat to inflict real injury is an unlawful aggression,

which may give rise to self-defense.

* vindication of grave offense

- grave offense must be directed to the accused; offense need not be a crime

- requisites:

that there be a grave offense done to the one committing the felony, his spouse, ascendants, descendants, legitimate,natural or adopted brothers or sisters, or relatives by affinity within the same degrees

that the felony is committed in vindication of such grave offense* Immediate vindication means proximate. A lapse of time is allowed bet. the vindication and the doing of the grave offense.

Provocation Vindication

1. It is made directly only to the person committing the felony. 1. The grave offense may be committed also against the offenders

relatives mentioned by law.

2. The cause that brought about the provocation need not be a

grave offense.

2. The offended party must have done a grave offense to the offender of

his relatives mentioned by law.

3. It is necessary that the provocation or threat immediately

preceded the act.

3. The vindication of the grave offense may be proximate, which admits of

an interval of time.

* Vindication of a grave offense and passion or obfuscation cannot be counted separately and independently.

* passion or obfuscation

- it is necessary that it arouse from lawful sentiments

- there must be an unlawful act and sufficient to excite passion or obfuscation on the accused

- it is mitigating because there are causes naturally producing in a person powerful excitement, he loses

his reason and self-control, thereby diminishing the exercise of his will power

- requisites:

the accused acted upon an impulse the impulse must be so powerful that it naturally produced passion or obfuscation in him

- requisites of the mitigating circumstance of passion or obfuscation:

that there be an act, both unlawful and that said act which produced the obfuscation was not far removed from the commission of the crime by a

considerable length of time, during which the perpetrator might recover his normal equanimity

- reason:When there are causes, naturally producing in a person powerful excitement, he loses his reason and self -control,thereby diminishing the exercise of his will power.

- exceptions:

if the act is committed in the spirit of lawlessness if the act is committed in the spirit of revenge

- exercise of a right or fulfillment of duty is not a proper source of passion or obfuscation

- no passion or obfuscation after 24 hours, several hours, or half an hour

- the defense must prove that the act which produced passion or obfuscation took place at a time not far removed from the

commission of the crime

- the crime committed must be the result of a sudden impulse of natural and uncontrollable fury

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Passion or Obfuscation Irresistible Force

1. A mitigating circumstance. 1. An exempting circumstance.

2. Cannot give rise to an irresistible force. 2. Requires physical force.

3. Is in the offender himself. 3. Must come from a third person.

4. Must arise from lawful sentiments. 4. Unlawful.

Passion or Obfuscation Provocation

1. Is produced by an impulse which may be caused

by provocation.

1. Comes from the injured party.

2. The offense which engenders perturbation of

mind need not be immediate.

2. Must immediately precede the

commission of the crime.

3. In both, the effect is the loss of reason and self-control on the part of the offender.

* surrender and confession of guilt

- merely reporting the incident without surrendering ones self is not a mitigating circumstance

- surrender must be by reason of commission of the crime for which defendant is prosecuted

- surrender of weapons cannot be equated with voluntary surrender

- surrender through an intermediary is appreciated as mitigating

- intent to surrender, without actually surrendering, is not mitigating

- if the surrender is induced by fear (e.g. retaliation of victims relatives), is not a voluntary

- extrajudicial confession is not mitigating because it is not made in court

- 2 mitigating circumstances provided:

voluntary surrender to a person in authority or his agents voluntary confession of guilt before the court, prior to the presentation of evidence for the prosecution

- requisites of voluntary surrender:

that the offender had not been actually arrested that the offender surrendered himself to a person in authority or to the latters agent that the surrender was voluntary

* when surrender voluntary a surrender to be voluntary must be spontaneous, showing the intent of the accused to submit

himself unconditionally to the authorities, either because:

he acknowledges his guilt he wishes to save them the trouble and expense necessarily incurred in his search and capture

- requisites of voluntary plea of guilt:

that the offender spontaneously confessed his guilt that the confession of guilt was made in open court, that is, before the competent court that is to try the case (judicia

confession)

that the confession of guilt was made prior to the presentation of evidence for the prosecution* physical defect of the offender

-physical defect being armless, cripple, or a stutterer, whereby his means to act, to defend himself, or to communicate with

his fellow human beings, is limited; physical defect has some relation to the crime committed by him

- this paragraph does not distinguish between educated and non-educated deaf-mute or blind persons

* illness of the offender

- requisites: that the illness of the offender diminishes the exercise of his will power that such illness should not deprive the offender of consciousness of his acts

- this only refers to diseases of pathological state that trouble the conscience or will

- illness of mind is included; diseased mind not amounting to insanity

* similar and analogous circumstances

- authorizes the court to consider in favor of the accused any other circumstance of a similar nature and analogous to those

mentioned in par. 1 to 9 of Article 13

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Examples:

Similar and Analogous Circumstances Mitigating Not Mitigating

* over 60 years old with a fail ing sight similar to over 70 * killing the wrong man

* outraged feeling vindication, passion or obfuscation * not resisting arrest

* impulse of jealous feeling passion or obfuscation * condition of running amuck (violently or uncontrollably)

* Battered Wife Syndrome diminishes exercise of will power

* esprit de corps passion or obfuscation

* voluntary restitution of property voluntary surrender

* extreme poverty and necessity incomplete justification

* testifying for prosecution plea of guilty

* Basis:

Mitigating Circumstances Basis

1. incomplete justifying or exempting circumstances

2. under 8 or over 70 years old diminution of intelligence

3. no intention to commit so grave a wrong diminution of intent

4. provocation or threat diminution of intelligence and intent

5. vindication of grave offense diminution of the conditions of voluntariness

6. passion or obfuscation diminution of intelligence and intent

7. surrender and confession of guilt lesser perversity of the offender

8. physical defect diminution of freedom of action

9. illness of the offender diminution of intelligence and intent

10. similar and analogous circumstance

Circumstances which Aggravate Criminal Liability

Article 14Aggravating Circumstances are those which if the attendant in the commission of the crime, serve to

increase the penalty without, however, exceeding the maximum of the penalty provided by the law for the offense; based on the greater

perversity of the offender

- manifested by:

the motivating power itself the place of the commission the means and ways employed the time the personal circumstances of the offender, or of the offended party

- 4 kinds of aggravating circumstances:

generic generally apply to all crimes/felonies; imposed in the maximum period specific/special apply only to particular crimes; they do not change the character of the offense charged qualifying change the nature of the crime inherentmust of necessity accompany the commission of the crime

Generic Aggravating Circumstance Qualifying Aggravating Circumstance

1. Its effect is to increase the penalty, which should be imposed

upon the accused without exceeding the limit prescribed by law. It

does not change the crime.

1. It does not only give the crime its proper name, but also places the

author thereof in such a situation as to deserve no other penalty than that

specially prescribed by law for said crime.

2. It may be offset/compensated by a mitigating circumstance. 2. It cannot be offset by a generic/ordinary mitigating circumstance.

3. It does not need to be alleged. 3. It must be alleged in the information.

* with the Revised Rules on Criminal Procedure, the information must specify the qualifying and aggravating circumstance* any aggravating circumstance must be alleged in the information (new rule)

* with qualifying aggravating circumstances, must be proved beyond reasonable doubt, bec. it changes the nature of the crime

* where one of the aggravating circumstance has been used as a qualifying circumstance, the other will be deemed as generic

* conspiracy cannot per se qualify the crime committed

- modifications in the application of some aggravating circumstances:

ACs which do not have the effect of increasing the penalty:o which in themselves constitute a crime specially punishable by lawo which are included by the law in defining a crime and prescribing the penalty therefore

ACs which are personal to the offender:(shall only serve to aggravate the liability of those whom such circumstances are attendant)

o arise from moral attributes of the offender

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o arise from his private relations with the offended partyo arise from any other personal cause

ACs which depend their application upon the knowledge of the offenders:(shall serve to aggravate the liability of those persons only who had knowledge of them)

o consist in the material execution of the acto consist in the means employed to accomplish it

When in the commission of the crime, advantage was taken by the offender of his public position, or when theoffense was committed by a person who belongs to a syndicated crime group, the maximum penalty shall be imposed

regardless of mitigating circumstances.

* advantage taken of public position

- test: Did the accused abuse his office in order to commit the crime?

- this circumstance not applied in:

falsification of document committed by public officers under Art. 171 accessories under Art. 19(3) crimes committed by public officers (found in Arts. 204-245)

* contempt or insult to public authorities

-public authority person in authority; public officer who is directly vested with jurisdiction, that is, a public officer who has the

power to govern and execute the laws

- requisites:

that the public authority is engaged in the discharge/exercise of his functions/duties that he who is thus engaged in the exercise of said functions is not the person against whom the crime is committed the offender knows him to be a public authority his presence has not prevented the offender from committing the criminal act

* knowledge that a public authority is present is essential

- not applicable when crime is committed in the presence of an agent only

- knowledge of the offender that a public authority is present, is essential

* disregard of rank, age, or sex of offended party; or commission in the dwelling of the offended party

- if the 4 circumstances enumerated in this paragraph are present, they have the weight of only 1 aggravating circumstance

- act be committed w/ insult or in disregard of the respect due the offended party on the account of the:

rankof the offended party; there must be a difference in the social condition of the offender and the offended party age of the offended party; applies to cases where the victim is of tender age as well as of old age sexof the offended party; this refers to the female sex, not to the male sex

* this circumstance is applicable only in crimes against persons or honor

- not applicable in certain cases: (disregard of rank, age or sex)

when the offender acted with passion or obfuscation when there exists relationship between the offended party and the offender when the condition of a woman is indispensable on the commission of the crime; thus in parricide, abduction,

seduction and rape in Art. 266-A(1), sex is not aggravating

* dwelling (morada) must be a building or structure, exclusively used for rest and comfort

- includes dependencies, staircases and enclosures under the house

- what aggravates the commission of the crime in ones dwelling:

the abuse of confidence which the offended party reposed in the offender by opening the door to him; or the violation of the sanctity of the home by trespassing therein with violence or against the will of the owner

- meaning ofprovocation in the aggravating circumstance of dwelling, must be:

given by the owner of the dwelling, sufficient, and immediate to the commission of the crime

* if all conditions are present not an aggravating circumstance

* if any of the conditions is not present an aggravating circumstance

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* abuse of confidence; or obvious ungratefulness

-requisites of abuse of confidence:

that the offended party had trusted the offender that the offender abused such trust by committing a crime against the offended party that the abuse of confidence facilitated the commission of the crime

- requisites of obvious ungratefulness:

that the offended party had trusted the offender that the offender abused such trust by committing a crime against the offended party that the act be committed with obvious ungratefulness

* the confidence between the offender and the offended party must be immediate and personal

* places of commission

- places:

Palace of the Chief Executive in the presence of the Chief Executive where public officers are engaged in the discharge of their duties place dedicated to religious worship

Par. 2 Contempt or Insult to Public Authorities Par. 5 Place where Public Authorities are engaged in the

discharge of their duties

1. The public authorities are performing their duties outside

of their office.

1. The public authorities, who are in the performance of their

duties, must be in their office.

2. The public authority should not be the offended party. 2. The public authority may be the offended party.

* nighttime; uninhabited place; or band

- it is aggravating:

when it facilitated the commission of the crime; or when it was especially sought for by the offender to insure the commission of the crime or for the purpose of

impunity; or

when the offender took advantage thereof for the purpose of impunity-for the purpose of impunity means to prevent his being recognized, or to secure himself against detection and punishment

- nighttime is the period of darkness beginning at the end of dusk and ending at dawn

- an uninhabited place is one where there are no houses at all a place at a considerable distance from town, or where the

houses are scattered at a great distance from each other

- band whenever more than 3 armed men malefactors shall have acted together in the commission of an offense, it shall be

deemed to have been committed by a band

- acted together means direct part in the execution of the act constituting the crime

* on occasion of calamity or misfortune

- the reason for the existence of this circumstance is found in the debased form of criminality met in one who, in the midst of a

great calamity, instead of lending aid to the afflicted, adds to their great suffering by taking advantage of their misfortune to

despoil them

* aid of armed men, etc.

- requisites:

that armed men of persons took part in the commission of the crime, directly or indirectly that the accused availed himself of their aid or relied upon them when the crime was committed

- exceptions:

this aggravating circumstance shall not be considered when both the attacking party and the party attacked wereequally armed

this aggravating circumstance is not present when the accused with him in the commission of the crime acted underthe same plan and for the same purpose

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* aid of armed men is absorbed by employment by a band

Band Armed Men

1. requires more than 3 armed malefactors 1. at least 2 or no required number of malefactors

2. they are all principals and have acted together in

the commission of an offense

2. actual aid is not necessary, sufficient even if offenders merely

relied on the aid of the armed men

* recidivist

- requisites:

that the offender is on trial for an offense that he was previously convicted by final judgment of another crime that both the 1st and 2nd offenses are embraced in the same title of the Code that the offender is convicted of the new offense

* No recidivism if the subsequent conviction is for an offense committed before the offense involved in the prior conviction.

* reiteracion or habituality

- requisites:

that the accused is on trial for an offense that he previously served sentence for another offense to which the law attaches an equal or greater penalty, or for 2

or more crimes to which it attaches lighter penalty than that for the new offense

the he is convicted of the new offenseRecidivism Reiteracion

1. It is enough that a final judgment has been

rendered on the first offense.

1. It is necessary that the offender shall have served out

this sentence for the first offense.

2. Recidivism requires that the offenses be

included in the same title of the Code.

2. The previous and subsequent offenses must not be

embraced in the same title of the Code.

3. There is no requirement as to penalty. Only

previous conviction, final judgment.

3. The prior crime must have been imposed with a

penalty equal or greater than the 2nd

crime.

- forms of repetition/habituality:

recidivism - Art. 14(9) reiteracion Art. 14(10) multi-recidivism or habitual delinquency Art. 62(5)

merely increases the penalty for the offense committed within a period of 10 years, last convicted of falsification (against interest), robbery (against property),

estafa (against property), theft (against property), serious or less physical injuries (against persons), he is

found guilty of said crime a 3rd

time or oftener

there must be 3 convictions within 10 years of the covered crimes

quasi-recidivism Art. 160 which may not be offset by an ordinary mitigating circumstance

has been previously convicted by final judgment and before beginning to serve such sentence or while

serving the same committed a felony, shall be punished by the maximum period of the penalty prescribed

by law for the new felony

- final judgment means executory, that is:

15 days have elapsed from its promulgation without the convict appealing the conviction offender started serving sentence he expressly waive his right to appeal he applied for probation

* price, reward, or promise

- when this aggravating circumstance is present, there must be 2 or more principals; the one who gives and offers the price or

promise and the one who accepts it

- offeror is the principal by inducement; acceptor is the principal by direct participation

- the evidence must show that one of the accused used money or other valuable consideration for the purpose of inducing

another to perform the deed

- when this aggravating circumstance is present, it affects not only the person who received the price or reward, but also the

person who gave it

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* by means of inundation, fire, poison, explosion, stranding of a vessel or intentional damage thereto, derailment of a locomotive, or by

the use of any other artifice involving great waste and ruin

- any of the circumstances in paragraph 12 cannot be considered to increase the penalty or to change the nature of the offense

unless used by the offender as a means to accomplish a criminal purpose

Par. 12 (by means of inundation, fire, etc.) Par. 7 (on occasion of calamity or misfortune)

Under par. 12, the crime is committed by means of any

such acts involving great waste and ruin.

Under par. 7, the crime is committed on the occasion of

a calamity or misfortune.

* evident premeditation

- the essence of premeditation is that the execution of the criminal act must be preceded by cool thought and reflection uponthe resolution to carry out the criminal intent during the space of time sufficient to arrive at a calm judgment

- requisites:

proof of time when the offender determined to commit the crime an act manifestly indicating that the culprit has clung to his determination; and a sufficient lapse of time between the determination and execution, to allow him to reflect upon the consequences of

his act and to allow his conscience to overcome the resolution of his will

* craft, fraud, or disguise

- craft involves the use intellectual trickery, chicanery, or cunning resorted to be the accused to carry out his evil design

-fraud involves the use of insidious words and machination, used to induce the victim to act in a manner, which would enable

the offender to carry out his design

- disguise involves resort to any device in order to conceal identity

- when there is direct inducement by insidious words of machinations, fraud is present; otherwise, the act of the accused done

in order not to arouse the suspicion of the victim constitutes craft

- craft, fraud or disguise may be absorbed by treachery

* superior strength; or means to weaken defense

- superior strength to take advantage of superior strength means to use purposely or intentionally

employing excessive force out of proportion to the means of defense available to the person

attacked; there must be notorious inequality of forces between the victim and the aggressor

- the aggravating circumstance of abuse of superior strength depends on the age, s ize and strength of the parties

- means to weaken the defense the offender employs means to materially weaken the resisting power of the offended party

* treachery

- 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 take

- requisites:

that at the time of the attack, the victim was not in a position to defend himself that the offender consciously adopted the particular means, method or form of the attack employed by him

* Killing a child is characterized by treachery, because the weakness of the victim due to his tender age results in the absence of

any danger to the accused.

- rules on treachery:

applicable only to crimes against persons means, methods, or forms need not insure accomplishment of crime the mode of attack must be consciously adopted must be present at the proper time treachery absorbs abuse of superior strength, aid of armed men, by a band and means to weaken defense

- summary of rules when treachery is present:

when the aggression is continuous, treachery must be present in the beginning of the assault when the assault was not continuous in that there was an interruption, it is sufficient that treachery was present at

the moment the fatal blow was given

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* ignominy

- a circumstance pertaining to the moral order, which adds disgrace and obloquy to the material injury caused by the crime

- it must tend to make the effects of the crime more humiliating or to put the offended party to shame

- where applicable:

crimes against chastity less serious physical injuries light or grave coercion murder

* The Supreme Court considered ignominy in the crime of rape.

* unlawful entry

- there is unlawful entry when an entrance is effected by a way not intended for the purpose

- aggravating only in those cases where the offender resorted to breaking of wall, window, etc., as a means to enter the house

- it must be a means to effect entrance and not for escape

* by a wall, roof, floor, door or window be broken, etc.

- to be considered as aggravating circumstance, breaking the door must be utilized as a means to the commission of the crime

- the circumstance is aggravating only in those cases where the offender resorted to any of said means to enter the house; if

broken to get out of the place, it is not an aggravating circumstance

* aid of minor (under 15 years); or by means of motor vehicles, airships or other similar means

- the 1st

paragraph tends to repress the frequent practice resorted to by professional criminals to avail themselves of minors

taking advantage of their irresponsibility- the 2

ndparagraph is intended to counteract the great facilities found by modern criminals in said means to commit the crime,

and then flee and abscond once the same is committed

* cruelty

- there is cruelty when the culprit enjoys and delights in making his victim suffer slowly and gradually, causing him unnecessary

physical pain in the consummation of the criminal act

- requisites:

that the injury caused be deliberately increased by causing other wrong that the other wrong be unnecessary for the execution of the purpose of the offender

* ignominyinvolves moral suffering while crueltyrefers to physical suffering

Alternative Circumstances

Article 15Alternative 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

- the alternative circumstances are:

Relationship the alternative circumstance of relationship shall be taken into consideration when the offended party is the ---o spouseo ascendanto descendanto legitimate, natural or adopted brother or sister, or relative by affinity in the same degree, of the offender

* The relationship of stepfather or stepmother and stepson or stepdaughter is included by analogy to that of ascendant and

descendant.

* When mitigating and when aggravating:

Mitigating: As a rule, relationship is mitigating in crimes against property, by analogy to Article 332 regarding persons

exempt from criminal liability. Of course in view of Article 332, when the crime committed is: theft, estafa or malicious

mischief, relationship is exempting, and not merely mitigating.

Aggravating: It is aggravating in crimes against persons in cases where the offended is a relative of a

higher degree than the offender and the offender party are relatives of the same level.

- It is aggravating even if the offended party is a descendant, if offense is physical injuries under

Article 263, except with regard to parents who inflict injuries to their children by reason of excessive chastisement.

- In crimes against chastity, relationship is always aggravating, regardless of whether the

offender is a relative of a higher or lower degree of the offended party.

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* However, relationship is neither mitigating nor aggravating, when relationship is an element of the offense.

Intoxicationby state of intoxication is meant that the offenders mental faculties must be affected by drunkenness * When mitigating and when aggravating:

Mitigating, if intoxication is not habitual, or not subsequent to the plan to commit a felony.

Aggravating, if intoxication is habitual, or if it is intentional (subsequent to the plan to commit a felony).

Degree of instruction and education of the offender- low degree of instruction and education or lack of it, is generally mitigating. High degree of instruction and education is

aggravating, when the offender availed himself of his learning in committing the crime.- lack of instruction or low degree of it, is appreciated as mitigating circumstance in almost all crimes. Except in crimes, which

are inherently wrong, of which every rational being is endowed to know and feel.

PERSONS CRIMINALLY LIABLE FOR FELONIES

Article 16 who are criminally liable for grave felonies:

principals accomplices accessories

- who are criminally liable for light felonies:

principals accomplices

* persons as criminally liable to natural persons only

- accessories are not liable for light felonies because it its commission, the social wrong as well as the individual prejudice is so small that

the penal sanction is deemed not necessary for accessories

- when light felonies are committed against persons or property, they are punishable even if they are only in the attempted or frustrated

stage of execution

- 2 parties:

active subject criminal passive subject the injured party

- only natural persons can be the active subject of the crime

- officers, not the corporation, are criminally liable (in cases of the exercise of his duties)

- juridical persons (like corporations) are criminally liable under certain special laws, under Corporation Law, Public Service Law, Securities

Law and Election Code

- a director or other officer is criminally liable for his acts in his official capacity if he participated in the unlawful act, but is not liable

criminally for the corporate acts performed by other officers or agents thereof

- the manager of the partnership is criminally liable, even in the absence of evidence regarding his direct participation in the commission

of the offense

- the dead and the animals have no rights that may be injured; but the crime of defamation may be committed if the imputation tends to

blacken the memory of one who is dead

Article 17 principals:

principals by direct participation principals by induction principals by indispensable cooperation

- Conspiracy by prior agreement, the principal by direct participation who does not appear at the scene of the crime is not liable.

- The inducer may be a principal, an accomplice or without liability at all.- He is a principal if his inducement has been obeyed and his utterances must be of such nature and made in such manner as to become

the determining cause of the crime

- when 2 or more persons participating in the crime, it is necessary to determine the participation of each

- principal under Article 17 is liable and limited to his own acts; a co-conspirator who is also a principal is liable and includes the act of his

fellow conspirators

* Principal by direct participation are those who materially execute the crime. They must appear at the scene of the crime and

performs acts necessary in accomplishing the crime.

- requisites when 2 or more offenders act as principals by direct participation:

participated in the criminal resolution (they were in conspiracy) carried out their plan and personally took part in is execution by acts which directly tended to the same end

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- formal agreement or previous acquaintance among several persons not necessary in conspiracy

- conspiracy must be established by positive and conclusive evidence

- when there is no conspiracy, each of the offenders is liable only for the act performed by him

- conspiracy is implied when the accused had a common purpose and were united in its execution

- unity of purpose and intention in the commission of the crime is shown in the following cases:

spontaneous agreement at the moment of the commission of the crime is sufficient to create joint responsibility active cooperation by all the offender in the perpetration of the crime will also create joint responsibility contributing by positive acts to the realization of a common criminal intent also creates joint responsibility presence during the commission of the crime by a band and lending moral support thereto, also create joint

responsibility with the material executors where one of the accused knew of the plan of others to kill the victims and he accepted the role assigned to him

- a person in conspiracy with other, who had desisted before the crime was committed by the other, is not criminally liable

- when there is conspiracy, it is not necessary to ascertain the specific act of each conspirator

* Principal by inducement(or mastermind) are liable even if they did not appear at the scene of the crime because the crime would

not have been committed without the inducement and because they induce others to commit the crime so they do not have to appear in

the scene of the crime.

* Mere careless comment made by one who does not dominance or moral ascendancy over the offender will not make him a

principal by inducement. Where the words uttered did not influence the offenders, the inducer is generally liable as accomplice

because the law favors a lesser penalty.

* Article 17 provides that the principals are those who directly force or induce others to commit an offense. One is induced tocommit a crime either by command (precepto) or consideration (facto) or by any other similar acts.

- 2 ways of becoming a principal by inducement:

by directly forcing another to commit a crimeo by using irresistible forceo by causing uncontrollable fear

by directly inducing another to commit a crimeo by giving price, or offering reward or promiseo by using words of command

- requisites (principal by inducement):

that the inducement be made directly with the intention of procuring the commission of the crime that such inducement be the determining cause of the commission of the crime by the material executor

- requisites (using words of command to be held liable as principal):

that the one uttering the words of command must have the intention of procuring the commission of the crime that the one who made the command must have an ascendancy or influence over the person who acted that the words used must be so direct, so efficacious, sopowerfulas to amount to physical or moral coercion the words of command must be uttered prior to the commission of the crime the material executor of the crime has no personal reason to commit the crime

- there is collective criminal responsibility when words of inducement were used

- one who planned the crime committed by another is a principal by inducement

Principal by Inducement Proposal

* there is an inducement to commit the crime

* becomes liable only when the crime is committed by the principal

by direct participation

* becomes punishable only in treason or rebellion

* involves any crime * involves only in treason or rebellion

- effects of acquittal of principal by inducement by direct participation upon the liability of principal by inducement:

conspiracy is negated by the acquittal of co-defendant one cannot be held guilty of having instigated the commission of a crime without first being shown that the crime has

been actually committed by another

* Principal by indispensable cooperation there must be direct participation in the criminal design by another act without which the

crime would not have been committed

may be a co-conspirator under the same doctrine of implied conspiracy

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* The act must be of such importance that the crime could not have been committed without him or that he participated

therein. Otherwise, he cannot be considered a principal by indispensable cooperation.

- cooperate means to desire or wish in a common thing

- requisites:

participation in the criminal resolution (there must be a conspiracy) cooperation in the commission of the offense by performing another act (cooperation must be indispensable)

- Collective criminal responsibility:

by direct participation have collective criminal responsibility by inducement there is; except, that who directly forced another to commit a crime by indispensable cooperation has collective criminal responsibility w/ principal by direct participation

Article 18 - accomplices those who are not principals but cooperate in the execution of the offense by previous or simultaneous act (before the

fact); not being included in Art. 17; cooperate in the execution of the execution of the offense by previous or simultaneous acts

- conspiracy is not a requirement

- supplies material or moral aid to the principal in an efficacious way

- he knows the criminal design of the principal and he cooperates knowingly or intentionally in a manner in which is not

indispensable to the commission of the crime

- there is so-called quasi-collective criminal responsibility where some of the offenders in the crime are principals and the

others are accomplices

- in case of doubt, the participation of the offender will be considered that of an accomplice rather than that of the principal

- when the participation of an accused is not disclosed, he is only an accomplice

- requisites:

there be a community of design he cooperates in the execution of the offense by previous or simultaneous acts there be a relation between the acts done by the principal and those attributed to the person charged as accomplice

Accomplices Conspirators

* they know and agree with the criminal design

*come to know about it after the principals have reached the decision,

and only then they do agree to cooperate in its execution

*know the criminal intention because they themselves have decided

upon such course of action

* merely concur in it; do not decide whether the crime should be

committed

* decide that a crime should be committed

* merely instruments * the authors of the crime

Article 19 accessories:

have the knowledge of the commission of the crime (after the fact) have not participated therein take part subsequent to its commission (accessory after the fact) in any of the following 3 manners:

o by profiting or assisting the offender profit from the effect of the crimeo by concealing or destroying the body of the crime (corpus delicti actual commission of the crime) or effects or the

instruments thereof to prevent its discovery

o by harboring, concealing or assisting in the escape of the principal in case of a public officer for any crime of he acts with abuse of public functions in case of private individuals when the author of the crime is guilty of treason, attempt on the life of the

Chief Executive, Murder, Parricide or is known to be habitually guilty of some other crime

* Accessories may be liable as principals in another crime if his act or omission is also penalized in a special law. In crimes under special

laws or crimes mala prohibita, the offenders generally penalized unless otherwise provided.

- mere possession of stolen property does not make the accused an accessory where the thief was already convicted

- entertaining suspicion that a crime has been committed is not enough

- knowledge of the commission of the crime may be acquired subsequent to the acquisition of stolen property

- knowledge of the commission of the crime may ne established by circumstantial evidence

- 2 classes of accessories:

public officers who harbor, conceal or assist in the escape of the principal of any crime (not light felony) with abuse of hispublic functions

private persons who harbor, conceal or assist in the escape of the author of the crime --- guilty of treason, parricide, murder,or an attempt against the life of the president, or who is known to be habitually guilty of some other crime

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Accomplice Accessory

* before or during the commission of the crime * subsequent thereto

* knows criminal design of the principal * knows the commission of the crime

* provides material/moral aid in an efficacious way but not in manner indispensable to the offense * acts in 3 ways specified in art 19

* no exemption from liability * some are exempted under art 20 of the code

- accessories by profiting:

robbery or theft he knew the proceeds of robbery or theft, then he is a principal in the crime of fencing if he were not charged with fencing in another information, then he is liable only as an accessory of the principals in the crime

of robbery or theft

brigandage and he profited from the loot, he should be charged with abetting brigandage an accomplice of brigandage.- accessories by concealing or destroying the body of the crime:

the body of the crime or 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. As applied to a particular offense, it means the actual commission by someone of the crime

particular crime charged.

otherwise stated, the elements are:

the proof of the occurrence of the certain event some persons criminal responsibility

- assisting the principal to escape:

the offender to be assisted must be a principal; assisting an accomplice is not includedArticle 20 accessories are exempt from criminal liability, when the principal is his/her:

spouse ascendant descendant legitimate, natural or adopted brother, sister, or relative by affinity within the same degree

- accessory is not exempt from criminal liability even if the principal is related to him, if such accessory:

profited by the effects of the crime assisted the offender to profit by the effects of the crime

* because such acts are prompted not by affection but by a detestable greed

- nephew or niece not included among such relatives

- only accessories under paragraphs 2 and 3 of Article 19 are exempt from criminal liability if they are related to the principals

PENALTIES

Penalties in General

Penalty suffering that is inflicted by the State for the transgression of a law

- signifies pain

- it mean suffering undone

Different Juridical Conditions of Penalty:

productive of suffering commensurate with the offense personal legal certain equal for all correctional

3-fold purpose of the penalty under this Code:

retribution or expiation commensurate with the gravity of the offense correction or reformation regulate the execution of the penalties consisting in deprivation of liberty social defense inflexible severity to recidivists and habitual delinquents

Article 21 penalties that may not be imposed --- are penalties not prescribed by law prior to its commission

- can only be invoked when a person is being tried for an act or omission for which no penalty has been prescribed by law

- this is not a penal provision

Article 22 retroactive effect of penal laws takes place when they favor the person guilty of a felony, who is not a habitual criminal

- this provision clearly has no direct application to the provisions of the RPC

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- general rule is to give criminal laws prospective effect

- exception to give them retroactive effect when favorable to the accused

- the exception applies to a law dealing with that of the penalty, for the length of time for prescription depends upon the gravity of the

offense

- Art. 22, penal laws shall have retroactive effect insofar as they favor the person guilty of a felony is applicable even if the accused is

already serving sentence

- the favorable retroactive effect of a new law may find the defendant in one of these 3 situations:

the crime has been committed and prosecution begins sentence has been passed but service has not begun the sentence is being carried out

- not applicable to civil liability, because the rights of offended persons or innocent third parties are not within the gift of arbitrary

disposal of the State

- but a new law increasing the civil liability cannot be given retroactive effect

- in order that a subsequent statute may be given retroactive effect, both laws must refer to same deed or omission, having the same end

- retroactive effect has no application where the new law is expressly made inapplicable to pending actions or existing cause of action

- rule are applicable even to special laws

Art. 366. Application of laws enacted prior to this Code Art. 22. Retroactive effect of penal laws

Without prejudice to the provisions contained in Art. 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.

Penal laws shall have retroactive effect insofar as they favor the person

guilty of a felony who is not a habitual criminal, although at the time of

publication of such laws a final sentence has been pronounced and the

convict is serving the same.

- criminal liability under the former law is obliterated when the repeal is absolute (nor is there any saving clause)

- criminal liability under the repealed law subsists when:

the provisions of a former law are reenacted; or repeal is by implication; or there is a saving clause

- no retroactive effect of penal laws as regards jurisdiction of court

- the jurisdiction of a court to try a criminal action is to be determined by the law in force at the time of instituting the action, not at the

time of the commission of the crime

- jurisdiction of courts in criminal cases is determined by the allegations of the complaint or information

Article 23 effect of pardon by the offended party

does not extinguish the criminal action except as provided in Art. 344 of this Code;

but civil liability with regard to the interest of the injured party is extinguished by his express waiver

- a pardon by the offended party does not extinguish criminal action

- compromise does not extinguish criminal liability

- renunciation of the right o prosecute an offense or waiving the criminal liability is void

- exception: the offended party in the crimes of adultery and concubinage cannot institute criminal prosecution, if he shall have

consented or pardoned the offenders; (pardon here may be implied)

- and in crimes of seduction, abduction, rape or acts of lasciviousness, there shall be no criminal prosecution if the offender has been

expressly pardoned by the offended party, etc.; (pardon here must be express)

- pardon in Art. 344 must be made before institution of criminal prosecution

- exception: the only act that extinguishes the penal action after the institution of criminal prosecution, is the marriage between the

offender and the offended party

- 2 classes of injuries:

social injury produced by the disturbance and alarm which are the outcome of the offense repaired through the imposition of the corresponding penalty

offended party cannot pardon the offender

personal injury cause to the victim of the crime who suffered damage either to his person, to hisproperty, to his honor or to her chastity

repaired through indemnity

offended party may waive it, and the waiver must be express

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Article 24 measures of prevention or safety which are not considered penalties:

arrest & temporary detention persons accused; reason of insanity/imbecility/illness requiring their confinement in a hospital commitment of a minor to any of the institutions (in Art. 80) suspension from the employment or public office during trial or in order to institute proceedings fines and other corrective measures superior officials may impose upon their subordinates deprivation of rights and reparations

- they are not penalties because they are not imposed as a result of judicial proceedings

Classification of Penalties

Article 25 penalties which may be imposed:

PRINCIPAL PENALTIES expressly imposed by the court(capital punishment)

o death(afflictive penalties)

o reclusion perpetuao reclusion temporalo perpetual or temporary absolute disqualificationo perpetual or temporary special disqualificationo prision mayor

(correctional penalties)

o prision correccionalo arresto mayoro suspensiono destierro

(light penalties)

o arresto menoro public censure

(penalties common to the 3 preceding classes)

o fineo bond to keep the peace

ACCESSORY PENALTIES deemed included in the imposition of the principal penaltieso perpetual or temporary absolute disqualificationo perpetual or temporary special disqualificationo suspension from public office, the right to vote and to be voted for, the profession or callingo civil interdictiono indemnificationo forfeiture or confiscation of instruments and proceeds of the offenseo payment of cost

- the penalties which may be imposed, according to this Code are those included in Art. 25 only

- reclusion perpetua imprisonment for at least 30 years after which the convict become eligible for parole

- lifetime imprisonment does not appear to have any definite extent or duration

- R.A. No. 7569 duration of reclusion perpetua is now from 20 years and 1 day to 40 years

- R.A. No. 9346 June 24, 2006, prohibited the imposition of death penalty

- principal penalties may be classified:

according to their divisibilityo divisible have fixed duration; divisible into 3 periodso indivisible no fixed duration

death reclusion perpetua perpetual absolute or special disqualification public censure

according to subject-mattero corporal (death)o deprivation of freedom (reclusion, prision, arresto)o restriction of freedom (destierro)o deprivation of rights (disqualification and suspension)o pecuniary (fine)

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according to their gravityo capitalo afflictiveo correctionalo light

- penalties that are either principal or accessory because they are formed on the 2 general classes:

perpetual or temporary absolute disqualification perpetual or temporary special disqualification suspension

Article 26fine when afflictive, correctional, or light penalty: (also relates to --- bond to keep the peace)

afflictive penalty over 6,000 correctional penalty 200 to 6,000 light penalty less than 200

- fines are whether imposed as a single or as an alternative penalty

- penalties cannot be imposed in the alternative

Duration and Effects of Penalties

Article 27 duration of penalties:

reclusion perpetua 20 years and 1 day to 40 years reclusion temporal 12 years and 1 day to 20 years

prision mayor and temporary disqualification 6 years and 1 day to 12 years prision correccional, suspension, destierro 6 months and 1 day to 6 years arresto mayor 1 month and 1 day to 6 months arresto menor 1 day to 30 days bond to keep the peace the period during w/c the bond shall be effective is discretionary on the court

- temporary disqualification and suspension, when imposed as accessory penalties, have different durations --- they follow the duration

of the penalty

- destierro is imposed on the following cases:

serious physical injuries or death under exceptional circumstances in case of failure to give bond for good behavior as a penalty for the concubine in concubinage in cases where after reducing the penalty by one or more degree, destierro is the proper penalty

- bond to keep peace is not specifically provided as a penalty for any felony and therefore cannot be imposed by the court

Article 28 computation of penalties:

when the offender is in prison the duration of temporary penalties is from the day on which the judgment of convictionbecomes final

when the offender is not in prison the duration of the penalty consisting in deprivation of liberty, is from the day that theoffender is placed at the disposal of judicial authorities for the enforcement of the penalty

duration of other penalties the duration is from the day on which the offender commences to serve his sentence- examples of temporary penalties:

temporary absolute disqualification temporary special disqualification suspension

- rules in cases of temporary penalties:

if the offender is under detention, as when he is undergoing preventive imprisonment, Rule No. 1 applies if not under detention, because the offender has been released on bail, Rule No. 3 applies

- examples of penalties consisting in deprivation of liberty:

imprisonment destierro

- rules in cases of penalties consisting in deprivation of liberty:

when the offender is not in prison, Rule No. 2 applies- reason for rule no. 1 under Art. 24, arrest and temporary detention of the accused is not considered penalty

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Article 29 period of preventive imprisonment deducted from the term of imprisonment

- if the detention prisoner agrees voluntarily in writing to abide by the same disciplinary rule imposed upon convicted prisoners

offenders who have gone preventive imprisonment shall be credited in the service of their sentence with the full time during which

they have undergone preventive imprisonment

* except:

when they are recidivists when upon being summoned for the execution of their sentence they have failed to surrender voluntarily

- if the detention prisoner does not agree he shall be credited in the service of his sentence with 4/5 of the time during which he has

undergone preventive imprisonment

- the accused undergoes preventive imprisonment when the offense charged is nonbailable, or even if bailable, he cannot furnish the

required bail

- accused shall be released immediately whenever he has undergone preventive imprisonment for a period equal to or more than the

possible maximum imprisonment for the offense charged

- in case the maximum penalty to which the accused may be sentenced is destierro, he shall be released after 30 days of preventive

imprisonment

Article 30 effects of the penalties of perpetual or temporary absolute disqualification:

deprivation of public offices and employments, even if by election deprivation of right to vote or to be elected disqualification for the offices or public employments and for the exercise of any of the rights mentioned loss of right to retirement pay or pension for any office formerly held

- perpetual absolute disqualification effective during the lifetime of the convict and even after the service of the sentence

- temporary absolute disqualification lasts during the term of the sentence, and is removed after the service of the same

except (1) deprivation of the public office or employment;

(2) loss of all rights to retirement pay or other pension for any office formerly held

Article 31 effects of the penalties of perpetual or temporary special disqualification:

deprivation of the office, employment, profession or calling affected disqualification for holding similar offices or employments perpetually or during the term of the sentence

Article 32 effects of the penalties of perpetual or temporary special disqualification for the exercise of the right of suffrage:

deprivation of the right to vote or to be elected to any public office cannot hold any public office during the period of disqualification

Article 33 effects of the penalties of suspension from any public office, profession, or calling, of the right of suffrage:

disqualification from holding such office or exercising such profession/calling/right of suffrage during the term of the sentence if suspended from public office, offender cannot hold another office having similar functions during the period of suspension

Article 34 effects of civil interdiction:

deprivation of the rights of parental authority or guardianship of any ward deprivation of marital authority deprivation of right to manage his property and of right to dispose of such property by any act or any conveyance inter vivos

Article 35 effects of bond to keep the peace:

the offender must present 2 sufficient sureties who shall undertake that the offender will not commit the offense sought to beprevented, and that in case such offense be committed they will pay the amount determined by the