Crim Law Last Minute

8/16/2019 Crim Law Last Minute

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LAST MINUTE TIPS

DIFFERENCE BETWEEN MALA IN SE AND MALA PROHIBITA

MALA IN SE MALA PROHIBITA

Felonious acts committed by

means of dolo or culpa as dened

in RPC

Considered wrong because they are prohibited

by special laws

The prosecution must prove

criminal intent.[3

Criminal intent is not re!uired" the prosecution

need only to prove intent to perpetrate the act#

that the o$ender did intend to commit an act#

and that act is prohibited by law.[%

&ood faith is a defense[' &ood faith or absence of criminal intent is not

a valid defense.[(

The following o$enses are mala prohibita) violation of R.*. +,%- /llegal

Recruitment0#[1 2ouncing Checs 4aw 2.P. --0#[+ R.*. 56(' 7angerous 7rugs4aw0#[5 P.7. 5'1 Regulating the 8ale of 8ubdivision 4ots and Condominiums0# [6,

P.7. 6(,- *nti9Fencing 4aw0#[66 R.*. +-+- 888 4aw0#[6- and P.7. 6+(( as

amended by R.*. +-5% /llegal Possession of Firearms and :;plosives0.

o. +-5%# or as a special aggravating

circumstance in the felony of homicide or murder.[6%

Possession of dangerous drugs constitutes prima facie evidence of nowledge or

animus possidendi su=cient to convict an accused in the absence of a satisfactory

e;planation of such possession. *s a conse!uence# the burden of evidence is shifted

to the accused to e;plain the absence of nowledge or animus possidendi.[6'

?aving been caught in @agrante delicto in possession of prohibited drugs0# there is

prima facie evidence of animus possidendi on accused9appellantAs part.[6(

The nding of the illicit drugs and paraphernalia in the house owned by the

appellant raised the presumption of nowledge and# standing alone# was su=cient

to convict.[61


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plain9meaning rule or verba legis. /t is e;pressed in the ma;im# index animi sermo#

or speech is the inde; of intention. Furthermore# there is the ma;im verba legis non

est recedendum# or from the words of a statute there should be no departure.[65

4egislative intent is determined principally from the language of a statute.


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enBoy# it follows that any e;pansion of such immunities must similarly be based

upon an e;press constitutional grant.[3,

TERRITORIALITY

Piracy falls under Title Hne of 2oo Two of the Revised Penal Code. *s such# it is an

e;ception to the rule on territoriality in criminal law.[36

PROSPECTIVITY / EX POST FACTO LAW

Favorabilia sunt amplianda adiosa restrigenda# penal laws which are favorable to

the accused are given retroactive e$ect[3- e;cept in the case of a habitual criminal

as provided for in *rticle -- of the Revised Penal Code.[33

The following statutes have prospective application) R.*. 1('5 7eath Penalty 4aw0#

[3% Republic *ct >o. 1+5, /ncreasing the Penalty for &rave Coercion0# [3' R.*.

+3'3 The >ew Rape 4aw0#[3( 8upreme Court *dministrative Circular >o. 6-9-,,,

Re) Penalty for 2.P. --0[31 and R.*. >o. 1(56 *n *ct :;panding the Iurisdiction of

the Gunicipal Trial Courts0.[3+

The following statutes have retroactive application) R.*. 53%% Iuvenile Iustice and


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su=cient notice or warning of what is lawful and unlawful conduct under a penal

statute. To enforce this guarantee# courts have developed the void for vagueness

doctrine. The void for vagueness doctrine e;presses the rule that for an act to

constitute a crime# the law must e;pressly and clearly declare such act a crime.[%(

8ubstantive due process loos to whether there is a su=cient Bustication for the

governmentAs action. ; ; ; the law is necessary to achieve a compellinggovernment purpose. ; ; ; police power cannot be e;ercised whimsically#

arbitrarily or despotically as its e;ercise is subBect to a !ualication# limitation or

restriction demanded by the respect and regard due to the prescription of the

fundamental law# particularly those forming part of the 2ill of Rights. /ndividual

rights# it bears emphasis# may be adversely a$ected only to the e;tent that may

fairly be re!uired by the legitimate demands of public interest or public welfare. 7ue

process re!uires the intrinsic validity of the law in interfering with the rights of the

person to his life# liberty and property.[%1

NON-IMPOSITION OF CRUEL OR UNUSUAL PUNISHMENT

Punishments are cruel when they involve torture or a lingering death" but thepunishment of death is not cruel within the meaning of that word as used in the

constitution. /t implies ; ; ; something more inhuman and barbarous# something

more than the mere e;tinguishment of life.[%+

/t taes more than merely being harsh# e;cessive# out of proportion# or severe for a

penalty to be obno;ious to the Constitution ... to come under the ban# the

punishment must be K@agrantly and plainly oppressiveA wholly disproportionate to

the nature of the o$ense as to shoc the moral sense of the community. Gere

severity does not constitute cruel and unusual punishment.[%5

BILL OF ATTAINDER

* bill of attainder has been dened as Da legislative act which in@icts punishment

without trial.[',

EX POST FACT LAWS

*n e; post facto law is one which) 60 maes criminal an act done before the

passage of the law and which was innocent when done# and punishes such an act"

-0 aggravates a crime# or maes it greater than it was# when committed" 30

changes the punishment and in@icts a greater punishment than the law anne;ed to

the crime when committed" %0 alters the legal rules of evidence# and authories

conviction upon less or di$erent testimony than the law re!uired at the time of the

commission of the o$ense" '0 assuming to regulate civil rights and remedies only#in e$ect imposes penalty or deprivation of a right for something which when done

was lawful" and (0 deprives a person accused of a crime of some lawful protection

to which he has become entitled# such as the protection of a former conviction or

ac!uittal# or a proclamation of amnesty.['6

CLASSIFICATIONS OF FELONIES

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>egligence is dened as the failure to observe for the protection of the interests of

another person that degree of care# precaution# and vigilance which the

circumstances Bustly demand# whereby such other person su$ers inBury. Test9 7id

the defendant in doing the alleged negligent act use that reasonable care and

caution which an ordinary person would have used in the same situationL /f not#

then he is guilty of negligence.['- * deliberate intent to do an unlawful act is essentially inconsistent with the idea of

recless imprudence. *nd in People v. Castillo# we held that that there can be no

frustrated homicide through recless negligence inasmuch as recless negligence

implies lac of intent to ill# and without intent to ill the crime of frustrated

homicide cannot e;ist.['3

* deliberate intent to do an unlawful act is essentially inconsistent with the idea of

recless imprudence.


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that the wrong done to the aggrieved person be the direct conse!uence of the

crime committed by the perpetrator. ?ere# there is no doubt appellant in beating his

son >oemar and in@icting upon him physical inBuries# committed a felony. *s a direct

conse!uence of the beating su$ered by the child# he e;pired. *ppellantAs criminal

liability for the death of his son# >oemar# is thus clear.[(,

ABERRATIO ICTUS ERROR IN PERSONAE PRAETER INTENTIONEM

mistae in the blow mistae in identity where the conse!uence

went beyond that intended

or e;pected

The o$ender delivered a

blow at his intended

victim but missed# and

instead such blow landed

on an unintended victim.

[(6

The o$ender actually hit the

person to whom the blow

was directed but turned out

to be di$erent from and not

the victim intended.[(-

There is a notorious

disparity between the act

and the means employed

by the o$ender and the

resulting felony# i.e.# the

resulting felony could not

be reasonably anticipated

or foreseen by the o$ender

from the act or means

employed by him.[(3

Results in comple; crimes

O the attempt on the

intended victim and the

conse!uence on the

unintended victim *rt.

%50

The criminal liability of

o$ender is not a$ected#

unless the mistae in

identity resulted to a crime

di$erent from what the

o$ender intended to

commit# in which case# thelesser penalty between the

crime intended *rt. %50

Gitigating under *rt. 3 par.

3

The following 7H >HT />CER any criminal liability not committing a felony0) 60

anyone who acts in defense of his person or rights# or in defense of relatives or

strangers" -0 any person who# in order to avoid an evil or inBury# does an act which

causes damage to another" 30 any person who acts in the fulllment of duty or in

the lawful e;ercise of a right or o=ce" and# %0 any person who acts in obedience to

an order issued by a superior for some lawful purpose. [(%

?ere# the accused9appellant was not committing murder when he discharged his

ri@e upon the deceased. /n@icting deat !"de# e$%e&t'("a) %'#%!*+ta"%e+ *rt.-%1# RPC0 is not murder.


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8 or PRHP:RTM were it not for the inherent impossibility of its

accomplishment or on account of the employment of inade!uate or ine$ectual

means. /f the act performed constitutes a violation of the Revised Penal Code or

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8pecial 4aws# then the o$ender is liable for the crime committed and not for an

impossible crime.[1,

The accused who unlawfully too a chec belonging to Gega Foam without the

latterAs consent but was not able to appropriate the amount of the chec since the

same was dishonored upon presentment was held guilty of an impossible crime.[16

STAGES OF EXECUTION

ATTEMPTED RAPE ACTS OF

LASCIVIOUSNESS

UN,UST VEXATION

The lascivious act is

coupled with intent to lie

to have carnal nowledge0

with the woman[1-

The lascivious act is >HT

coupled with intent to lie

with the woman

*ny act that cause

annoyance# irritation#

torment# distress# or

disturbance to the mind

of the person to whom it

was directed is unBust

ve;ation [13

Committed under the

following circumstances) by

using force# threat or

intimidation" when the

o$ended party is deprived

of reason or otherwise

unconscious" by means of

fraudulent machination or

grave abuse of authority" or

when the o$ended party is

under 6- years of age or is

demented.

Committed under the

following circumstances)

by using force# threat or

intimidation" when the

o$ended party is deprived

of reason or otherwise

unconscious" by means of

fraudulent machination or

grave abuse of authority"

or when the o$ended party

is under 6- years of age or

is demented.

H$ended part is a woman

(in rape by sexual assault$

t%e o&ended party is o

eit%er sex#

H$ended party either man

or woman

H$ended party is either

man or woman

TH4:>T/>H can only be liable for attempted rape. ; ; TH4:>T/>H had

commenced the commission of the crime of rape by 60 directing R*C?:44: to lie

down# -0 removing his shorts and hers# and 30 Dtrying to force his se; organ into

R*C?:44:As se; organ. 2ut there is no conclusive evidence of the penetration#

however slight# of R*C?:44:As se; organ.[1%

The appellantAs penis did not penetrate# but merely KtouchedA i.e.# 'naidiit) 0# ***As

private part. /n fact# the victim conrmed on cross9e;amination that the appellant

did not succeed in inserting his penis into her vagina. The appellant was held guilty

of attempted rape.[1'



9/75

The accused was held guilty of attempted rape since there was no introduction of

the penis of accused9appellant into the aperture or within the pudendum of the

vagina of private complainant.[1(

Removing her pants is not attempted rape but unBust ve;ation.[11

/n theft and in robbery with violence and intimidation against persons# the o$ense isconsummated the moment the o$ender taes# possession of the personal property

with intent to gain. ?e need not dispose or Dtae away the property in order to

consummate the o$ense.


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Code# whether the crime for which an accused is serving sentence at the time of the

commission of the o$ense charged# falls under the said Code or under special law.

uasi9recidivism is punished with more severity than recidivism proper because the

aggravating circumstance of recidivism# as any other aggravating circumstance#

may be o$set by a mitigating circumstance present in the commission of the crime#

whereas# in a case of !uasi9recidivism the ma;imum degree of the penaltyprescribed by law for the crime committed should always be imposed irrespective of

the presence of any mitigating circumstance.[5'

uasi9recidivism# lie recidivism and reiteracion# necessitates the presentation of a

certied copy of the sentence convicting an accused.3' The fact that appellant was

an inmate of 7*P:CH4 does not prove that nal Budgment had been rendered

against him.[5(

/f the o$ender is granted absolute pardon by the President# the felony pardoned

shall still be considered in determining the o$enderAs subse!uent liability for

recidivism# reiteracion# !uasi9recidivism and habitual delin!uency.[51

2ut if the President# with the concurrence of Congress grants amnesty to theo$ender# the o$ense included in the amnesty will not be considered in determining

his liability for recidivism# reiteracion# !uasi9recidivism and habitual delin!uency

because /> *G>:8TM# T?: CR/G: /8 THT*44M H24/T:R*T:7.[5+

The crime committed by a child in con@ict with law who was placed under

suspended sentence and who was subse!uently discharged by the court should not

be taen into consideration in determining his subse!uent liability for recidivism#

reiteracion# !uasi9recidivism and habitual delin!uency because in automatic0

8E8P:>8/H> HF 8:>T:>C: the court does not pronounce the Budgment of

conviction.[55

/f the accused was granted probation and subse!uently discharged by the court# the

crime committed should be taen into consideration in determining his subse!uent

liability for recidivism because probation does not erase the previous conviction of

the accused.

/f the accused was granted probation and subse!uently discharged by the court# the

crime committed should not be taen into consideration in determining his

subse!uent liability for reiteracion because the latter re!uired that the accused had

previously served his sentence. /n probation# the convict does not serve his

sentence.

The convict who is released on parole after serving the minimum sentence0 and

who committed an o$ense before his nal release or discharge is >HT a !uasi9

recidivist since he is not yet serving his sentence at the time of the commission of

the o$ense.

* habitual delin!uent cannot avail of benecent provisions of the /ndeterminate

8entence 4aw.[6,, ?e cannot also avail of the retroactive e$ect of a law that is

favorable to him.[6,6

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12/75

CONTINUING CRIMES

* continued continuous or continuing0 crime is dened as a single crime# consisting

of a series of acts but all arising from one criminal resolution. *lthough there is a

series of acts# there is only one crime committed" hence# only one penalty shall be

imposed.[6,-

:;amples of continuing crimes O 60 the taing of si; roosters at the same place

and time#[6,3 -0 s!uatting#[6,% 30 concubinage[6,' and %0 robbery committed

against several persons at the gasoline station.[6,(

The following are >HT continuing crimes multiple crimes were committed0 O 60

estafa committed against di$erent persons and in di$erent occasions#[6,1 -0

:stafa under *rt. 36'# para 6 b0# RPC#[6,+ 30 falsication and malversation#[6,5

%0 !ualied theft committed on di$erent occasions#[66, '0 adultery since every

act of se;ual congress is a separate crime#[666 (0 falsication of private

document#[66- and 10 grave threats against several individuals in di$erent

occasions.[663

Hnly one crime was committed and only one penalty was imposed in the following)

60 estafa through multiple falsication of mercantile documents#[66% -0 estafa

through falsication of public documents[66' and 30 violation of R.*. 3,65 *nti

&raft and Corrupt Practices *ct0 were the legaliation of the stay of the 3- aliens

was done by a single stroe of the pen.[66(

/n People v. *lberto 2asao# et al.# &.R. >o. 6+5+-,# Hctober 6,# -,6- the accused

were held guilty of one 60 crime of robbery in band although they have two victims.

DELICTO CONTINUADO (# %("t'"!(!+

%#'*e (# %("t'"!ed %#'*e

CONTINUING OFFENSE

/s a term use to denote as only one crime a

series of felonious acts a#'+'";


13/75

territory where the o$ense was in part committed.[66+ :stafa is also a transitory

o$ense.[665

COMPLEX CRIMES 0ART1 3@ RPC5

COMPOUND CRIMES

(delito compuesto)

COMPLEX CRIME PROPER

(delito complejo)

* single act constitutes grave or less

grave felonies.[6-,

*n o$ense is a necessary means of

committing the other.[6-6

:;ample O the single act of throwing a

hand grenade constitute a crime of

Gurder with multiple attempted murders#

[6-- direct assault with homicide#

parricide with unintentional

abortion[6-3

:;ample O /n estafa through falsication

of public document# the o$ender falsies

a deed of dale in order to commit estafa#

forcible abduction with rape

>egatively put# there is no comple; crime when 60 two or more crimes arecommitted# but not by a single act" or -0 committing one crime is not a necessary

means for committing the other or others0.[6-%

There was only one forcible abduction with rape and that was the one allegedly

committed on the truc or Beep. *ny subse!uent acts of intercourse in the house

against her will would be only separate acts of rape and can no longer be

considered separate comple; crimes of forcible abduction with rape.[6-'

/n People v. :rland 8abadlab# &.R. >o. 61'5-%# Garch 6%# -,6- the accused was

held guilty of rape and >HT comple; crimes of forcible abduction with rape since

the obBective of the abduction was to commit the rape. Ender the circumstances#

the rape absorbed the forcible abduction.

*rticle %+ does not apply to acts penalied under *rticle 3('# RPC[6-(

There is no comple; crimes where the illing was not shown to have been

committed by a single discharge of rearms. The accused was held liable for the

separate crimes of four murders and two attempted murders not comple; crimes of

multiple murder with double frustrated murder.[6-1

There is no comple; crime where there was more than one gunman involved# and

the act of each gunman is distinct from that of the other. The accused was held

liable for four counts of murder.[6-+

The accused was held liable for ', counts of violation of 2.P. --. :ach act of drawing

and issuing a bouncing chec constitutes a violation of 2.P. 2lg. --.[6-5

:ach act of carnal nowledge is a separate and distinct crime of rape.[63,

/n People v. /to Pinic# &.R. >o. 6+(35'# Iune +# -,66# however# the accused too o$

his own pants and inserted his penis into her vagina. 8he felt pain. ?e withdrew his

penis after about ten 6,0 seconds but inserted it again after ten 6,0 seconds. *fter

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14/75

ve '0 seconds# he withdrew it again but inserted it once more after ve '0

seconds. ?e also inserted his nger and liced her vagina. ; ; although the penis

was thrice inserted in her private organ# the same constituted one 60 count of rape.

Rape cannot be comple;ed with a violation of 8ection 'b0 of R* 1(6,. Ender

8ection %+ of the Revised Penal Code on comple; crimes0# a felony under the

Revised Penal Code such as rape0 cannot be comple;ed with an o$ense penaliedby a special law.[636

7istinction should be made as to when the crimes of estafa and falsication will

constitute as one comple; crime and when they are considered as two separate

o$enses. The comple; crime of estafa through falsication of documents is

committed when one has to falsify certain documents to be able to obtain money or

goods from another person. /n other words# the falsication is a necessary means of

committing estafa. ?owever# if the falsication is committed to conceal the

misappropriation# two separate o$enses of estafa and falsication are committed. /n

the instant case# when accused collected payments from the customers# said

collection which was in her possession was at her disposal. The falsied orerroneous entries which she made on the duplicate copies of the receipts were

contrived to conceal some amount of her collection which she did not remit to the

company ;;;.[63-

SPECIAL COMPLEX CRIMES

o. 6+1133# February +# -,6- I. 2rion0# People v.

8amuel *lgarme# &.R. >o. 61'51+# February 6-# -,,5 I. 2rion0 and in People v. PH6

Felipe dela Cru# et al.# &.R. >o. 6(+613# 7ecember -%# -,,+ I. 2rion0 the accused

were found guilty of special comple; crime of robbery with homicide.

/n People v. Gichael ?ipona# &.R. >o. 6+'1,5# February 6+# -,6, the accused was

held liable for special comple; crime of robbery with homicide not rape with

homicide and robbery0.



15/75

Hnce conspiracy is established between two accused in the commission of the

crime of robbery# they would be both e!ually culpable for the rape committed by

one of them on the occasion of the robbery# unless any of them proves that he

endeavored to prevent the other from committing the rape. The rule in this

Burisdiction is that whenever a rape is committed as a conse!uence# or on the

occasion of a robbery# all those who too part therein are liable as principals of thecrime of robbery with rape# although not all of them too part in the rape.[63+

>o matter how many rapes had been committed in the special comple; crime of

idnapping with rape# the resultant crime is only one idnapping with rape. This is

because these composite acts are regarded as a single indivisible o$ense as in fact

R.*. >o. 1('5 punishes these acts with only one single penalty. [635

/n robbery with rape# rape was committed by reason or on t%e occasion of a robbery

and not the other way around.[6%,

/f the taing of personal property was not the original evil plan but was only an

afterthought following the rape# the crime is rape and theft# and not robbery with

rape.[6%6

/n People v. Jenacio Ro;as# &.R. >o. 61-(,%# *ugust 61# -,6, the accused was held

guilty of the 60 comple; crime of idnapping and serious illegal detention with

frustrated murder# -0 carnapping and 30 theft.

/n People v. *lberto *nticamara# &.R. >o. 61+116# Iune +# -,66 the accused was

held guilty of special comple; crime of idnapping and serious illegal detention with

rape# dened in and penalied under *rticle -(1 of the Revised Penal Code.

/n People v. 7ima Gondanir# et al.# &.R. >o. 6+1'3%# *pril %# -,66 the accused was

held liable for idnapping with homicide.

/n People v. :dmundo Jilla@ores# &.R. >o. 6+%5-(# *pril 66# -,6- the accused was

held liable for special comple; crime of rape with homicide.

There is no comple; crime of rape with frustrated homicide.[6%-

The accused was held liable for rape and frustrated homicide. The physical inBuries

were in@icted after the rape and were not a necessary means to commit the same.

[6%3

/n People v. Ioey Toriaga# &.R. >o. 6116%'# February 5# -,66 the accused was held

guilty of rape and frustrated homicide. not a special comple; crime0.

/n People v. :rmilito *legre# &.R. >o. 6+%+6-# Iuly (# -,6, the accused was heldguilty of rape and frustrated murder. not a special comple; crime0.

People v. Conrado 4aog# &.R. >o. 61+3-6# Hctober '# -,66 the accused was found

guilty of comple; crime of rape with homicide# and a separate crime of frustrated

homicide.

Forcible abduction with rape is a comple; crime under *rticle %+# not a special

comple; crime.[6%%



16/75

/n the special comple; crime of carnapping with homicide# there must be proof not

only of the essential elements of carnapping# but also that it was the original

criminal design of the culprit and the illing was perpetrated Din the course of the

commission of the carnapping or on the occasion thereof.[6%'

,USTIFYING CIRCUMSTANCES

For unlawful aggression to be appreciated# there must be an Dactual# sudden and

une;pected attac# or imminent danger thereof# not merely a threatening or

intimidating attitude and the accused must present proof of positively strong act of

real aggression. For this reason# 7annyAs observation that one of the men was

pulling an obBect from his waist is not a convincing proof of unlawful aggression. D*

threat# even if made with a weapon or the belief that a person was about to be

attaced# is not su=cient. *n intimidating or threatening attitude is by no means

enough.[6%(

Hrdinarily# as pointed out by the lower court# there is a di$erence between the act

of drawing oneAs gun and the act of pointing oneAs gun at a target. The former

cannot be said to be unlawful aggression on the part of the victim. /n People v.2orreros#


17/75

imminent ind that brings peril

to oneAs life or limb[6'6

violating her right to

chastity[6'-

another coupled with an

attac on the person

entrusted with the said

property[6'3

SELF-DEFENSE RETALIATION

Enlawful aggression e;ists at the time the

aggressor was inBured or disabled by the

person maing a defense

The unlawful aggression that has begun

has already ceased to e;ist. The actor is

liable criminally.

SELF DEFENSE IN FULFILLMENT OF DUTY

the deceased is illed while the

unlawful aggression e;ists

the actor is Bustied even if the deceased is illed

after the unlawful aggression already ceased[6'%

unlawful aggression is not re!uired0

e.g. the escaped prisoner was running away when

the law shot the prisoner at the bac/t is an aberration for the petitioner to invoe the two defenses at the same time

because the said defenses are intrinsically antithetical. There is no such defense as

accidental self9defense in the realm of criminal law.[6''

The aggression is lawful if the aggression consists in the lawful e;ercise of a right.

*n e;ample of a lawful aggression is the force used by an owner or a lawful

possessor of a thing in repelling an actual or threatened unlawful physical invasion

or usurpation of his property or the aggression showed by the husband who

surprises his wife caught in the act of se;ual intercourse with her paramour.[6'(

* person acting under any of the Bustifying circumstances does not commit a crime#

however# if he acted negligently# he may be held liable for culpa under 3('#

RPC[6'1 or entitled to the privileged mitigating circumstance of incomplete self9

defense or incomplete fulllment of duty.[6'+

/n Francisco 8ycip v. Court of *ppeals# &.R. >o. 6-','5# Garch 61# -,,, the accused

issued post dated checs in favor of the developer as amortiation payment for his

townhouse unit. The developer failed to develop and complete the proBect" hence#

the accused ordered the ban to stop payments. *s a result# the checs he issued

bounced and he was accordingly charged for violation of 2.P. --. The 8upreme Court

held that the accused is not liable for 2.P. -- because he is e;ercising his lawful

right to suspend payments.

BATTERRED WOMAN SYNDROME AS A ,USTIFYING CIRCUMSTANCE

The battered woman syndrome is characteried by the so9called Dcycle of violence#

which has three phases) 60 the tension9building phase minor battering occurs0" -0

the acute battering incident characteried by brutality# destructiveness and#

sometimes# death0" and 30 the tran!uil Q loving phase the woman and her batterer

are emotionally dependent on each otherSshe for his nurturant behavior# he for her

forgiveness0. This cycle must be repeated.

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18/75

The Bustifying circumstance of battered woman syndrome was not applied in the

case of Garivic &enosa because the accused failed to present evidence with regard

to the third phase of the cycle O that she felt that she provoed the violent

incidents between her and her spouse" that she believe that she was the only hope

for her husband to reform" that she believe that she was the sole support of his

emotional stability and well9being# that she is dependent on him" that she feelshelpless and trapped in their relationship" that both regard death as preferable to

separation.

8elf9defense was not also appreciated in the case of Garivic &enosa because the

unlawful aggression has already ceased at the time the accused illed her batterer.

EXEMPTING CIRCUMSTANCES

,USTIFYING EXEMPTING

The circumstance a$ects the act# not the

actor

The circumstance a$ects the actor#

not the act

The act is done within legal bounds# hence#

considered as not a crime

The act is felonious and hence a

crime but the actor acted without

voluntariness

8ince the act is not a crime# there is no

criminal

*lthough there is a crime# there is no

criminal because the actor is

regarded only as an instrument of the

crime

There being no crime nor criminal# there is no

criminal nor civil liability

There being a wrong done but no

criminal# there is civil liability but no

criminal liabilityAVOIDANCE OF GREATER EVIL OR

IN,URY

ACCIDENT

Iustifying circumstance but the actor is

civilly liable.[6'5

:;empting circumstance. The actor is also

e;empt from civil liability.[6(,

/n order to avoid greater evil or inBury#

the actor causes 7*G*&: to another

The actor causes an />IERM by mere

accident while performing a lawful act with

due care

The evil which brought about the

greater evil must not result from aviolation of law by the actor

The actor must be free from fault or

negligence

INSANE IMBECILE FEEBLEMINDED

?as lucid

interval

?as >H lucid interval. *lthough advanced in

age# he has a mental development

comparable to that of - to 1 yrs old.[6(6 ?e

must be completely deprived of reason or

>ot e;empted FRHG

criminal liability

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19/75

discernment# and of freedom of the will at the

time of committing the crime.[6(-

/n People v. ?onorato *mbal# &.R. >o. 49'-(++# Hctober 61# 65+, insanity was not

appreciated because the accused surrendered to the authorities immediately after

the incident. 8uch act is incontestable proof that he new that what he has done

was wrong and that he was going to be punished for it.

/n People v. :dwin /sla# &.R. >o. 655+1'# >ovember -6# -,6- the defense of insanity

was reBected because the act of the accused of threatening the victim with death in

case she reported her ravishment indicated that he was aware of the reprehensible

moral depravity of that assault and that he was not deprived of intelligence.[6(3

IRRISISTIBLE FORCE UNCONTROLLABLE FEAR

The force# which consists of >'()e"%e (#

&?+'%a)


20/75

destierro is not a penalty0. 8ince in@icting death under e;ceptional circumstance is

not a punishable act# the same cannot be !ualied with either aggravating or

mitigating or other !ualifying circumstances. The actor is NOT CIVILLY LIABLE for

the resulting death or physical inBuries in@icted.[6(5 >onetheless# the actor is

criminally and civilly liable for culpa under *rt. 3('# RPC if he was negligent in the

performance of the lawful act.[61, ,UVENILE ,USTICE AND WELFARE ACT OF 8667 0R1A1 4335

EXEMPT FROM CRIMINAL LIABILITY NOT EXEMPT

2elow 6' years of age[616

*bove 6' to below 6+ acting


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considered the minority of the accused as privilege mitigating circumstance.

>otwithstanding the *nti97eath Penalty 4aw R.*. 53%(0 and the privileged

mitigating circumstance of minority# the 8upreme Court sentenced the accused to

reclusion perpetua. The 8upreme Court held that for purposes of determining the

proper penalty because of the privileged mitigating circumstance of minority# the

penalty of DEATH is still the penalty to be reconed with.

MITIGATING CIRCUMSTANCES

The mitigating circumstance of Dlac of intention to commit so grave a wrong is not

applicable in physical inBuries# to felonies by negligence# unintentional abortion and

to defamationQslander.[6+6 The weapon used# the part of the body inBured# the

inBury in@icted and the manner it is in@icted may show that the accused intended

the wrong committed.[6+-

PROVOCATION VINDICATION OF GRAVE OFFENSE

7irected against the person

committing the felony

7irected against the o$enderAs relatives

>eed not be a grave o$ense The o$ended party have done grave o$ense

The provocation or threat

immediately preceeded the act

The vindication of grave o$ense may be

pro;imate which admits an interval of time

between the grave o$ense done by the

o$ended party and the commission of the

crime by the accused

PROVOCATION VINDICATION OF GRAVE

OFFENSE

PASSION AND OBFUSC

7irected against the person

committing the felony

7irected against the o$enderAs

relatives

The accused is provoed

unBust or improper acts

party and the crime com

result of a sudden impul

uncontrollable fury

>eed not be a grave o$ense The o$ended party has done

grave o$ense

The prior unBust or impro

inBured party is su=cien

powerful impulse

The provocation or threatimmediately preceded the

act[6+3

The vindication of grave o$ensemay be pro;imate which admits

an interval of time between the

grave o$ense done by the

o$ended party and the

commission of the crime by the

accused

The o$ense which engeperturbation of mind ne

immediate. /t is only re!

in@uence thereof last un

the crime is committed

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Provocation and obfuscation arising from one and the same cause should be treated

as one mitigating circumstance. Jindication of grave o$ense cannot co9e;ist with

passion or obfuscation.[6+%

/n voluntary surrender# the surrender of the accused to the authorities must be

unconditional# either because he acnowledges his guilt or because he wishes to

save them the trouble and e;penses necessarily incurred in his search and capture.[6+'

*lthough ?ermogenes went to 2arangay Chairman *loria of 2ulihan after the

illings# he did so to see protection against the retaliation of the victimsA relatives#

not to admit his participation in the illing of the victims. :ven then# ?ermogenes

denied any involvement in the illings when the police went to tae him from

Chairman *loriaAs house. *s such# ?ermogenes did not unconditionally submit

himself to the authorities in order to acnowledge his participation in the illings or

in order to save the authorities the trouble and e;pense for his arrest. [6+(

The essence of voluntary surrender is spontaneity and the intent of the accused to

give himself up and submit himself to the authorities either because heacnowledges his guilt or he wishes to save the authorities the trouble and e;pense

that may be incurred for his search and capture. o. 5%%,+# February 6%# 6556#

however. the 8upreme Court held that the return of the funds malversed is not adefense and will not be an e;empting circumstance nor a ground for e;tinguishing

the criminal liability of the accused but it can be a mitigating circumstance

analogous to voluntary surrender. /n the instant case# the return of the property

malversed was not mitigating because it too the accused several years before he

returned the government property. /n fact# when the engine was returned# it was

already scrap and the revolver was rusty and had to be reblued.



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The fact that the accused su$ers from a physical defect# a severed left hand# does

not mean that he should automatically be credited with the mitigating

circumstance. /n order for this condition to be appreciated# it must be shown that

such physical defect limited his means to act# defend himself or communicate with

his fellow beings to such an e;tent that he did not have complete freedom of action#

conse!uently resulting in diminution of the element of voluntariness.

8uch cannotbe appreciated where the accusedAs physical condition clearly did not limit his

means of action# defense or communication# nor a$ect his free will. /n fact# despite

his handicap# the accused nevertheless managed to attac# overcome and fatally

stab his victim.[65,

/n Iose Reyes v. People# &.R. >os. 6116,'9,(# *ugust 6-# -,6, the 8upreme Court

held that the mitigating circumstance of old age under *rticle 63 -0 of the Revised

Penal Code is applied only when the o$ender was over 1, years at the time of the

commission of the o$ense. The o$ender who is (3 years old at the time he

committed the o$ense is not entitled to such mitigating circumstance.

AGGRAVATING CIRCUMSTANCES The circumstances in *rticle 6% nos. 6# %# (# 1# +# 6-# 6%# 6'# 6(# -, are considered

aggravating if the same facilitated the commission of the o$ense or especially

sought of by the o$ender to insure the commission of the crime or the o$ender too

advantage thereof for purposes of impunity.[656

The following are special aggravating circumstances) 60 !uasi9recidivism[65- -0

use of unlicensed rearm in the commission of homicide or murder#[653 30 use of

illegally manufactured e;plosives in the commission of any crime dened in the

Revised Penal Code or special laws which resulted in the death of a person#[65% %0

under the in@uence of dangerous drugs in the commission of crime[65' '0 that

advantage be taen by the o$ender of his public position[65( and (0 the crimewas committed by an organied or syndicated crime group.[651

*n organied or syndicated crime group means a group of two or more persons

collaborating# confederating or mutually helping one another for purposes of gain in

the commission of any crime.[65+ 2y denition# a drug syndicate is any organied

group of two -0 or more persons forming or Boining together with the intention of

committing any o$ense prescribed under R* 56('.[655

The circumstance that the public o=cer too advantage of his o=cial position is not

aggravating in violations of R.*. 3,65 *nti9&raft and Corrupt Practices *ct0# in

Plunder and Crimes committed by Public H=cers under the Revised Penal Code# and

falsication of public documents by a public o=cials.

The mere fact that the o$ender is a public o=cer or employee even if he has not

taen advantage of his o=cial position0 is an aggravating circumstance in violations

of R.*. 56(' The 7angerous 7rugs 4aw0#[-,, a SPECIAL aggravating

circumstance in violation of R.*. 1(6, Child *buse 4aw0#[-,6 and a QUALIFYING

circumstance in violation of R.*. 5-,+ *nti9Tra=cing in Persons *ct of -,,30.[-,-



24/75

Commission of a crime in a place where the public authorities are engaged in the

discharge of their duties is aggravating when the crime is committed at the police

station where policemen were discharging their public functions. [-,3

The aggravating circumstance that the crime was committed with insult or in

disregard of the respect due the o$ended party on account of his ran# age or se;

may be taen into account only in crimes against persons or honor# when in thecommission of the crime there is some insult or disrespect shown to ran# age# or

se;.[-,%

The aggravating circumstances of ran# age or se; are not appreciated in robbery

with homicide since said aggravating circumstances apply only to crimes against

persons or honor when in the commission of the crime there is some insult or

disrespect shown to ran# age or se;. /t is not proper to consider these aggravating

circumstances in crimes against property. Robbery with homicide is primarily a

crime against property and not against persons. ?omicide is a mere incident of the

robbery# the latter being the main purpose and obBect of the criminal.[-,'

Provocation in dwelling must be) a0 given by the o$ended party# b0 su=cient# andc0 immediate to the commission of the crime.[-,(

*lso nighttime is considered an aggravating circumstance only when it is

deliberately sought to prevent the accused from being recognied or to ensure

escape. There must be proof that this was intentionally sought to ensure the

commission of the crime# and that the accused too advantage of it to insure his

immunity from captivity.[-,1

7welling is >HT absorbed in treachery.[-,+ Treachery cannot co9e;ist with passion

and obfuscation.[-,5

7welling is aggravating in robbery with violence or intimidation and and in robberywith rape. because this class of robbery can be committed without the necessity of

trespassing the sanctity of the o$ended partyAs house.[-6, /t is considered an

aggravating circumstance primarily because of the sanctity of privacy that the law

accords to the human abode. ?e who goes to anotherAs house to hurt him or do him

wrong is more guilty than he who o$ends him elsewhere.[-66 7welling is also

aggravating in forcible abduction when the o$ender entered the dwelling of the

victim.[-6-

The aggravating circumstance of abuse of condence is inherent in malversation

*rt. -610# !ualied theft *rt. 36,0# estafa by conversion or misappropriation *rt.

36'0 and !ualied seduction *rt. 3310.[-63

The prosecution failed to present evidence to show a relative disparity in age# sie#

strength# or force# e;cept for the showing that two assailants# one of them armed

with a nife# attaced the victim. The presence of two assailants# one of them armed

with a nife# is not per se indicative of abuse of superior strength. [-6%

To tae advantage of superior strength means to purposely use e;cessive force out

of proportion to the means of defense available to the person attaced.[-6' *buse



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of superior strength is generic aggravating in carnapping with homicide where the

perpetrators too advantage of their superior strength to ill the victim.[-6( /t is

also aggravating in rape with homicide.[-61

:vident premeditation is inherent in the crime of robbery. ?owever# in the crime of

robbery with homicide# if there is evident premeditation to ill besides stealing#

evident premeditation is aggravating.[-6+

2y a band# to be aggravating# the four armed persons must act together. [-65 2and

is aggravating in robbery with homicide where the same is perpetrated by several

armed men.[--,

The following may be considered as generic aggravating circumstances in robbery

with homicide) treachery# cruelty # disregard of respect due the victim on account of

his ran# superior strength# evident premeditation#[--6 and by a band. [---

Treachery is aggravating in slight physical inBuries.[--3

Treachery absorbs nighttime#[--% by a band# with the aid of armed men#[--'

means to weaen the defense#[--( evident premeditation#[--1 craft#[--+ age

and se;#[--5 poison#[-3, fraud and disguise.[-36

To be considered aggravating# the circumstances of inundation# re# poison#

e;plosion# stranding of vessel# or intentional damage thereto# derailment of

locomotive# or by use of any artice involving great waste and ruin O must =e !+ed

=? te (e"de# a+ a *ea"+ t( a%%(*&)'+ a %#'*'"a) &!#&(+e .[-3-

/n People v. Fernando Pugay# et al.# &.R. >o. 491%3-% >ovember 61# 65++# the

accused 8amson and Pugay made fun on the deceased# a mental retardate# by

ticling him with a piece of wood. >ot content with what they were doing with the

deceased# the accused Pugay suddenly too a can of gasoline from under the

engine of the ferns wheel and poured its contents on the body of the former. Then#

the accused 8amson set the deceased on re maing a human torch out of him. /t

was established that the accused have "( '"te"t t( ')) . There being no

conspiracy between the two# 8upreme Court held Pugay liable for recless

imprudence resulting in homicide for pouring gasoline on the deceased while the

accused 8amson was held liable for homicide for lighting the clothes of the

deceased. F/R: was >HT considered as aggravatingQ!ualifying circumstance.

*s the illing# in this case# is perpetrated with both treachery and by means of

e;plosives# the latter shall be considered as a !ualifying circumstance since it is the

principal mode of attac. Reason dictates that this attendant circumstance should

!ualify the o$ense while treachery will be considered merely as a genericaggravating circumstance.[-33

The breaing of the door# to be considered aggravating# must be utilied as a means

to the commission of the crime. /f what was broen is the rope that was used to

close the door and not the door itself# the same is not aggravating.[-3%

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