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CRIMINAL LAW BOOK ONE Makamasa A. Gapit
CRIMINAL LAW, DEFINED Criminal Law- that branch of public law which defines crimes treats of their nature and provides for their punishment.
DISTINCTIONS FELONY – punishable by the Revised Penal Code OFFENSE – punishable by special penal laws INFRACTIONS – punishable by city or municipal ordinances
CRIME, DEFINED An act committed or omitted in violation of a public law forbidding or commanding it.
DELICT and QUASI DELICT • Delict – a misdeamenor, an offense, or simply CRIME. • Quasi delict – the fault or negligence of a person causing damge to another, and there is no pre existing contractual relation between the parties (Article 2176 Civil Code). Also known as CULPA AQUILIANA.
SOURCES OF CRIMINAL LAW 1. Act 3815 known as the Revised Penal Code 2. Special Penal Laws passed by Congress 3. Presidential Decrees issued by President Marcos 4. Codigo Penal De Espana (Spanish Penal Code)
COMMON LAW CRIMES • the body of principles, usages and rules of actions which do not result from the express act of the legislature. There is no such crime in the Philippines. • These are unwritten norms which the society condemns even if there is no written law declaring it to be illegal or criminal.
NULLUM CRIMEN NULLA POENA SINE LEGE There is no crime if there is no law punishing it.
RA 9775 • THE ANTI CHILD PORNOGRAPHY LAW
FYI • Albay Rep Edcel Lagman filed House Bill 2352. • His proposed law seeks to provide wives and husbands the option to sue their partners who are committing same-sex adultery.
RA 8485 • THE ANIMAL WELFARE ACT
CHARACTERISTICS OF CRIMINAL LAW • General- criminal law is binding on all persons who live or sojourn in the Philippines, regardless of age, sex or nationality. • Territorial- criminal laws are applicable only if the crime is committed within Philippine territory. • Prospective- criminal law cannot make an act punishable in a manner in which it was not punishable when committed. See Art 366. (The law looks forward and not backwards)
EXCEPTIONS TO THE GENERAL CHARACTERISTICS 1. As provided by treaty stipulations- RP-US VFA Agreements 2. As provided by laws of preferential applications- RA 75 grants protection to diplomatic representatives, ambassador or other public ministers of foreign countries including their domestic servants authorized and received by the President. 3. Persons who are exempt because of certain principles of international laws: • Sovereigns and other heads of states • Ambassadors, minister plenipotentiaries, minister residents and charges d’ affaires.
EXCEPTIONS TO THE TERRITORIAL CHARACTERISTICS 1. When the offender shall commit an offense on a Philippine ship or airship. 2. When the offender should forge or counterfeit any coin or currency note of the Philippines or obligations and securities issued by the Philippine government. 3. When the offender should be liable for the acts connected with the introduction into the Philippines of the obligations and securities mentioned in number two. 4. When the offender who is a public officer or employee abroad shall commit an offense in the exercise of his functions. 5. When the offender should commit an offense against the national securities and the laws of nations.
PHILIPPINE EMBASSIES ABROAD The Revised Penal Code of the Philippines will apply if the crime was committed within Philippine embassies abroad. This is so because they are considered extensions of Philippine territory.
PROSPECTIVE CHARACTERISTICS • Also known as prospectivity • Alsoknown as irretrospectivity. • It means the law (as a general rule) does not have retroactive effect.
LEX PROSPICIT NON RESPICIT
Favorabilia Sunt Amplianda Adiosa Restrigenda Penal laws favorable to the accused are given retroactive effect
EXCEPTION TO THE PROSPECTIVE CHARACTER: When the new law is favorable to the accused. EXCEPTION TO THE EXCEPTION • When the offender is a habitual criminal. • When the new law expressly provides it has no application or retroactive effect to pending actions/cases.
CONSTRUCTION OF PENAL LAWS • Penal laws are strictly construed against the state and liberally in favor of the accused • If there is a conflict between the Spanish text and the English text, the Spanish text prevails.
PRO REO DOCTRINE When there is doubt about the meaning or application or interpretation of a penal law and the doubt admits of two interpretations, one which is lenient to the offender and the other one is favorabe to him, then the interpretation which is favorable to the accused should be applied.
EFFECTS OF REPEAL OF A PENAL LAW: • If the new law is favorable to the accused in the sense that the penalty becomes lighter, then the new law shall be applied. Except when the accused is a _______ ________. • But if the new law imposes a heavier penalty, the old law shall be applied, that is the law in forced at the time of the commission of the offense shall be applied.
THEORIES IN CRIMINAL LAW • Classical (Juristic) Theory- the basis of criminal liability is human free will and the purpose of penalty is retribution. Man is a moral creature with an absolute free will to choose between good and evil. Here more stress is placed upon the result of the crime than the criminal. There is scant regard for the human element. • Positivist (Realistic) Theory. Man is subdued occasionally by a strange and morbid phenomenon which constrain him to do wrong. Crime is a social and natural phenomenon; it cannot be treated therefore by the application of abstract principles of law or by the imposition of punishment. The purpose of penalty is reformation of accused. Offender is regarded as a sick person who needs treatment.
CLASSICAL THEORY • The basis of criminal liability is human free will and the purpose of penalty is retribution. • Man is a moral creature with an absolute free will to choose between good and evil. • Here more stress is placed upon the result of the crime than the criminal. • There is scant regard for the human element
POSITIVIST THEORY • Man is subdued occasionally by a strange and morbid phenomenon which constrain him to do wrong. • Crime is a social and natural phenomenon; • Crime cannot be treated therefore by the application of abstract principles of law or by the imposition of punishment. • The purpose of penalty is reformation of accused. • Offender is regarded as a sick person who needs treatment.
ECLECTIC OR MIXED THOERY • Mixture of both classical and positivist schools. • Crimes that are economic are treated under the positivist theory. • Crimes that are purely evil is treated under the classical school.
RULES ON CRIMES COMMITTED ABOARD FOREIGN MERCHANT VESSEL WHILE WITHIN PHILIPPINE WATERS • English Rule- the crime is punishable in the Philippines, unless the crime merely affects things within the vessel. • French Rule- the crime is not triable in the courts of that country (Philippines), unless their commission unless their commission has effects on the safety of the coastal state.
LIMITATIONS ON THE POWERS OF CONGRESS TO MAKE LAWS • No Ex Post Facto Law shall be enacted.- Ex Post Facto Law is a law that makes criminal an act done before the passage of the law and which was innocent when done, and punishes such an act; it may also be defined as a law which aggravates a crime, or makes it greater than it was, when committed. • No Bill of Attainder shall be passed. – A bill of attainder is a law which inflicts punishment without trial. • No person shall be deprived of life, liberty or property without due process of law- The law must must be fair and reasonable and the accused must be given the opportunity to be heard and be accorded the rights to which he is entitled. • Excessive fines shall not be imposed nor cruel or unusual punishment.
WARNING: DATE OF EFFECTIVITY IS DIFFERENT FROM DATE OF APPROVAL • Article 1. Time when Act takes effect- JANUARY 1, 1932. • Article 367. RPC approved on December 8, 1930.
Art. 2. Application of its provisions. — Except as provided in the treaties and laws of preferential application, the provisions of this Code shall be enforced not only within the Philippine Archipelago, including its atmosphere, its interior waters and maritime zone, but also outside of its jurisdiction, against those who: 1. Should commit an offense while on a Philippine ship or airship 2. Should forge or counterfeit any coin or currency note of the Philippine Islands or obligations and securities issued by the Government of the Philippine Islands; 3. Should be liable for acts connected with the introduction into these islands of the obligations and securities mentioned in the presiding number; 4. While being public officers or employees, should commit an offense in the exercise of their functions; or 5. Should commit any of the crimes against national security and the law of nations, defined in Title One of Book Two of this Code.
EXCEPTIONS TO THE TERRITORIAL CHARACTERISTICS (1-5) 1. Should commit an offense while on a Philippine ship or airship
2. Should forge or counterfeit any coin or currency note of the Philippine Islands or obligations and securities issued by the Government of the Philippine Islands;
3. Should be liable for acts connected with the introduction into these islands of the obligations and securities mentioned in the presiding number;
4. While being public officers or employees, should commit an offense in the exercise of their functions; or
5. Should commit any of the crimes against national security and the law of nations, defined in Title One of Book Two of this Code.
FELONY Art. 3. Definitions. — Acts and omissions punishable by law are felonies (delitos). Felonies are committed not only be means of deceit (dolo) but also by means of fault (culpa). There is deceit when the act is performed with deliberate intent and there is fault when the wrongful act results from imprudence, negligence, lack of foresight, or lack of skill.
ELEMENTS OF FELONIES IN GENERAL: • An act or omission • Act or omission punishable by the RPC • Act is performed or omission is incurred by means of dolo or culpa.
• Act- is any bodily movement tending to produce some effects in the external world. • Omission- inaction, the failure to perform an act one is bound to do.
IMPRUDENCE VS. NEGLIGENCE • Imprudence involves lack of skill. Negligence involves lack of foresight • Imprudence involves a deficiency of action. Negligence indicates a deficiency of perception. • Failure to make precaution is imprudence. Failure to use diligence is negligence.
REQUISITES OF DOLO OR MALICE (INTENTIONAL FELONIES) • Freedom of action • Intelligence • Intent
SEXSOMNIA Sleep sex, or sexsomnia, is a condition in which a person will engage in sexual acts while still asleep. This condition falls within the broad classes of sleep disorders known as parasomnia. Sexsomnia includes fondling, heterosexual and homosexual intercourse,masturbation, and oral sex. (Wikipedia)
MEN’S REA • Criminal Intent • The gravamen of a certain crime
REQUISITES OF FAULT OR CULPA (CULPABLE FELONIES) • Freedom of action • Intelligence • Imprudent, negligent, or lack of foresight or lack of skill
MISTAKE OF FACT Mistake of fact- is a misapprehension of fact on the part of the person who caused injury to another. He is not liable for absence of criminal intent
REQUISITES OF MISTAKE OF FACT • The act would have been lawful had the facts been as the accused believed them to be. • The intention of the accused in performing the act should be lawful. • That the mistake must be without fault or carelessness on the part of the accused
IGNORANTIA LEGIS NON EXCUSAT • Ignorantia legis non excusat- IGNORANCE OF THE LAW EXCUSES NO ONE FROM COMPLIANCE THE COMPLIANCE THEREWITH
IGNORANTIA FACTI EXCUSAT • IGNORANCE OF FACTS EXCUSES • Ignorantia Facti Excusat is a Latin legal maxim that means ignorance of a fact is an excuse. Any act done under a mistaken impression of a material fact is excused (us.legal.com)
Actus non facit reum nisi mens sit rea The act itself does not make a man guilty unless his intention was so.
Actus me invito factus nonest meus actus An act done by me against my will is not my act.
CRIMES MALA IN SE vs. CRIMES MALA PROHIBITA CRIMES MALA IN SE CRIMES MALA PROHIBITA 1. Those which are so serious in effects to the so society so as to call for their unanimous condemnation. 1. These are violations of mere rules of convenience designed to secure a more orderly affairs of the society.
CRIMES MALA IN SE CRIMES MALA PROHIBITA 2. Wrongful in nature. Since the beginning of time 2. Made wrongful only by statute.
CRIMES MALA IN SE CRIMES MALA PROHIBITA 3. Generally punished by Revised Penal Code. 4. Intent is necessary 3. Punished by special penal laws. 4. Intent may not be necessary.
MOTIVE and INTENT Motive- the moving power which impels one to action for a definite result. Intent is the purpose to use a particular manes to effect such result. NOTE”: Motive is not an element of a crime and need not be proved. Intent is an element of a crime and must be proved.
CRIMINAL LIABILITY, DEFINED Criminal liability does not only mean the obligation to serve the personal or imprisonment penalties but it also includes the liability to pay the fines or pecuniary penalties.
CRIMINAL LIABILITY Art. 4. Criminal liability. — Criminal liability shall be incurred: 1. By any person committing a felony (delito) although the wrongful act done be different from that which he intended. 2. By any person performing an act which would be an offense against persons or property, were it not for the inherent impossibility of its accomplishment or an account of the employment of inadequate or ineffectual means.
Article 4 (1) may refer to either: • Error in personae- mistake in identity of victim. • Aberratio Ictus- mistake in blow. • Praeter Intentionem- result done is greater than that originally intended.
Rationale of Par. 1 El que es causa de la causa es causa del mal causado. Meaning: He who is the cause of the cause is the cause of the evil caused.
REQUISITES OF ART. 4 (1) • An intentional Felony has been committed. • The wrong done to the victim be the direct, natural and logical consequence of the felony committed by the offender. • The felony done must be the proximate cause of the resulting injury.
PROXIMATE CAUSE, DEFINED Proximate cause- is that cause which in the ordinary and continuous sequence, unbroken by any efficient intervening cause produces the injury.
EFFICIENT INTERVENING CAUSE Efficient intervening cause- are those that break the relation of cause and effect.
The felony committed is not the proximate cause of the resulting injury when: 1. There is an active force that intervened between the felony committed and the resulting injury; 2. The resulting injury is due to the intentional act of the accused.
IMPOSSIBLE CRIME, DEFINED IMPOSSIBLE CRIMES- those crimes which would have been committed against person or property were it not for the inherent impossibility of its accomplishment or on account of the employment of inadequate or ineffectual means. The purpose of the law in punishing impossible crime is to suppress criminal propensities or tendencies. The penalty for impossible crime is arresto mayor or fine of P200-500 (Article 59).
REQUISITES OF IMPOSSIBLE CRIMES 1. The act performed would have been an offense against persons or property. 2. The act was done with evil intent 3. Its accomplishment is inherently impossible because it the means either inadequate or ineffectual 4. The act does not constitute another violation of the RPC.
Art. 5. Duty of the court in connection with acts which should be repressed but which are not covered by the law, and in cases of excessive penalties 1. Whenever a court has knowledge of any act which it may deem proper to repress and which is not punishable by law, it shall render the proper decision, and shall report to the Chief Executive, through the Department of Justice, the reasons which induce the court to believe that said act should be made the subject of legislation. 2. In the same way, the court shall submit to the Chief Executive, through the Department of Justice, such statement as may be deemed proper, without suspending the execution of the sentence, when a strict enforcement of the provisions of this Code would result in the imposition of a clearly excessive penalty, taking into consideration the degree of malice and the injury caused by the offense
Outline of Paragraph 1: – there is an act; – the act is reprehensible; – but the act is not punishable by the law; – the court shall render the proper decisison; – the court shall report to the Chief Executive through the DOJ – the report shall contain the reason why the said act should be more or less prohibited and penalized.
Outline of Paragraph 2: • there is an act; • this time the act is punishable by the law; • but the penalty for the act is clearly excessive; • the law has not yet been declared unconstitutional; • the court shall render the proper decision; • it shall report to the Chief Executive through the DOJ
3 STAGES OF EXECUTION OF FELONIES Art. 6. Consummated, frustrated, and attempted felonies. — Consummated felonies as well as those which are frustrated and attempted, are punishable. A felony is CONSUMATED when all the elements necessary for its execution and accomplishment are present; and it is FRUSTRATED when the offender performs all the acts of execution which would produce the felony as a consequence but which, nevertheless, do not produce it by reason of causes independent of the will of the perpetrator. There is an ATTEMPT (ED) when the offender commences the commission of a felony directly or over acts, and does not perform all the acts of execution which should produce the felony by reason of some cause or accident other than this own spontaneous desistance.
DEVELOPMENT OF A CRIME 1. Internal acts- these are the mere ideas in the mind of a person/not punishable. 2. External acts- are divided to: • Preparatory act- ordinarily not punishable • Acts of execution- they are the stages. Already punishable. The acts of execution are: 1. ATTEMPTED 2. FRUSTRATED 3. CONSUMMATED
COGITATIONIS POENAM NEMO EMERET
ATTEMPTED FELONY REQUISITES 1. Offender commences the commission of a felony directly by overt acts 2. He does not perform all the acts of execution 3. He is not stopped by his own spontaneous desistance 4. The non performance of the all acts of execution was due to cause or accident other than his own spontaneous desistance.
Q: When is a felony commenced by overt acts? A: 1. there must be external act; 2. the external act must have direct connection with the crime intended to be committed.
OVERT ACT, DEFINED It is some physical activity or deed more than a mere planning or preparation, which if carried out to its complete termination following its natural course. Without being frustrated by external obstacles nor by the voluntary desistance of the perpetrator, will logically and naturally ripen in a concrete offense.
INDETERMINATE OFFENSE, DEFINED INDETERMINATE OFFENSE- It is one where the purpose of the offender in performing an act is not certain
SPONTENEOUS DESISTANCE DEFINED. This is the voluntary stoppage of the crime made by the would be criminal himself before he could inflict any damage to the would be victim.
Rational for spontaneous desistance: A sort of reward to those who heed the call of conscience and return to the path of righteousness. (But the desistance should be made before all the acts of execution are performed.)
FRUSTRATED FELONY REQUISITES 1. Offender performs all the acts of execution 2. Felony is not produced 3. By reason of cause independent of the will of the perpetrator
Q: How to determine whether a crime is attempted, frustrated or consummated? A: See the following: • the elements present • the nature of the offense • the manner of the commission of the crime.
FORMAL CRIMES vs. MATERIAL CRIMES • Formal crimes- are crimes consummated in one instant. There is only one stage and that is consummated stage. • Material crimes have three stages of execution, attempted, frustrated and consummated. .
SUBJECTIVE PHASE vs. OBJECTIVE PHASE OF THE CRIME • Subjective phase is that portion of the acts constituting the crime, starting from the point where the offender begins the commission of the crime to the point where he still has control over his act and their natural course. • If between these two points the offender is stopped by any cause outside of his own voluntary desistance, the subjective phase has not been passed and it is an attempt. If he is not so stopped but continues until he performs the last act, it is frustrated, provided the crime is not produced. This is the objective phase of the crime (See Reyes and Regalado Annotations).
Note: In the objective phase, the subjective phase has already passed and the offender has no more control over his criminal actions.
APPLICATIONS • A put poison in B’s food. B threw away his food. A is liable - attempted murder. • A aimed his gun at B. C held A’s hand and prevented him from shooting B - attempted murder. • A inflicted a mortal wound on B. B managed to survive - frustrated murder. • A intended to kill B by shooting him. A missed - attempted murder. • A doused B’s house with kerosene. But before he could light the match, he was caught - attempted arson. • A cause a blaze, but did not burn the house of B - frustrated arson. • B’s house was set on fire by A - (consummated) arson. • A tried to rape B. B managed to escape. There was no penetration - attempted rape. Excerps from: Rene Callanta, Codal and Notes in Criminal Law, Internet, page 22, citing Reyes, Gregorio, pallattao, Sandoval and Ortega.
Art. 7. When light felonies are punishable. — Light felonies are punishable only when they have been consummated, with the exception of those committed against person or property.
LIGHT FELONIES, DEFINED Light felonies are those infractions of law for the commission of which a penalty of arrest menor or a fine not exceeding 200 (now 40,000) pesos or both; is provided.
Art. 8. Conspiracy and proposal to commit felony. — Conspiracy and proposal to commit felony are punishable only in the cases in which the law specially provides a penalty therefor. A conspiracy exists when two or more persons come to an agreement concerning the commission of a felony and decide to commit it. There is proposal when the person who has decided to commit a felony proposes its execution to some other person or persons.
GENERAL RULE • Mere conspiracy to commit a crime is not punishable. • Reason: Conspiracy and Proposal to Commit a Felony are punishable only in the cases in which the law specifically provides a penalty therefore.
Cases where mere conspiracy is already punishable: 1. Conspiracy to commit treason (Art.115); 2. Conspiracy to commit rebellion or insurrection (Art. 136); 3. Conspiracy to commit sedition (Art. 141); 4. Conspiracy in restraint of trade or commerce (Art. 186) 5. Conspiracy to commit terrorism under RA 9372 6. Conspiracy to commit arson under PD 1613.
Cases where mere proposal is already punishable 1. Proposal to commit treason (Art. 115); 2. Proposal to commit rebellion or insurrection (Art. 136) 3. Proposal to commit coup d’ etat
RULE IN CONSPIRACY WHEN THERE IS CONSPIRACY BETWEEN OR AMONG THOSE WHO COMMITTED THE CRIME THE ACT OF ONE IS THE ACT OF ALL.
CLASSIFICATION OF FELONY ACCORDING TO GRAVITY Art. 9. Grave felonies, less grave felonies and light felonies. — Grave felonies are those to which the law attaches the capital punishment or penalties which in any of their periods are afflictive, in accordance with Art. 25 of this Code. Less grave felonies are those which the law punishes with penalties which in their maximum period are correctional, in accordance with the above-mentioned Art.. Light felonies are those infractions of law for the commission of which a penalty of arrest menor or a fine not exceeding 200 pesos or both; is provided.
Q: What are some of the practical use of knowing whether a certain offense is grave, less grave or light felony? a. It will give us a clue whether these can be complexed with another crime b. To determine prescription of crime and penalty c. Gives us an idea until when an accused may be legally detained d. All of the above.
PRINCIPAL PENALTIES 1. Capital Punishment: • Death 2. Afflictive Penalties • Reclusion perpetua- 20 yrs.+1 day to 40 yrs. • Reclusion temporal- 12 yrs.+1 day-20 yrs • Perpetual or temporary absolute disqualification-6 yrs.+1 day to 12 yrs. • Perpetual or temporary special disqualification- 6 yrs.+1 day to 12 yrs. • Prision Mayor-6 yrs. + 1 day to 12 years 3. Correctional penalties • Prision correctional- 6 mos.+ 1 day to 6 yrs. • Arresto mayor-1 month + 1 day to 6 mos. • Suspension- 6 mos+1 day to 6 yrs. • Destierro- 6 mos. +1 day to 6 years 4. Light penalties • Arresto menor- 1 day to 30 days • Public censure
ACCESORY PENALTIES • Perpetual or temporary absolute disqualification • Perpetual or temporary special disqualification • Suspension from public office, the right to vote and be voted for • Civil Interdiction • Indemnification • Forfeiture or confiscation of instrument sand proceeds of the offense • Payment of cost
DIVISIBLE and INDIVISIBLE PENALTIES 1. Divisible penalties – those that have fixed duration and divisible into three periods, minimum, medium and maximum periods. 2. Indivisible penalties – Those that have no fixed duration, and have no minimum, medium and maximum periods.
EFFECTS OF ACCESSORY PENALTIES Article 30. Effects of the penalties of perpetual or temporary absolute disqualification. - The penalties of perpetual or temporary absolute disqualification for public office shall produce the following effects: 1. The deprivation of the public offices and employments which the offender may have held even if conferred by popular election. 2. The deprivation of the right to vote in any election for any popular office or to be elected to such office. 3. The disqualification for the offices or public employments and for the exercise of any of the rights mentioned. In case of temporary disqualification, such disqualification as is comprised in paragraphs 2 and 3 of this article shall last during the term of the sentence. 4. The loss of all rights to retirement pay or other pension for any office formerly held. Note: This is the accessory penalty for death penalty if not executed by reason of pardon (40) and reclusion perpetua and reclusion temporal (41). Prison mayor has temporary absolute disqualification (42)
PERPETUAL ABSOLUTE DISQUALIFICATION DISTINGUISH FROM TEMPORARY ABSOLUTE DISQUALIFICATION PERPETUAL ABSOLUTE DISQUALIFICATION – effective during the lifetime of the convict and even after service of sentence. It stays with him forever. TEMPORARY ABSOLUTE DISQUALIFICATION – lasts only during the term of the sentence. Its gone after the service of sentence.
Article 31. Effect of the penalties of perpetual or temporary special disqualification. - The penalties of perpetual or temporal special disqualification for public office, profession or calling shall produce the following effects: 1. The deprivation of the office, employment, profession or calling affected; 2. The disqualification for holding similar offices or employments either perpetually or during the term of the sentence according to the extent of such disqualification. Note: Prision Mayor has temporary absolute disqualification (42)
Article 32. Effect of the penalties of perpetual or temporary special disqualification for the exercise of the right of suffrage.- The perpetual or temporary special disqualification for the exercise of the right of suffrage shall: 1. deprive the offender perpetually or during the term of the sentence, according to the nature of said penalty, of the right to vote in any popular election for any public office or 2. to be elected to such office. 3. Moreover, the offender shall not be permitted to hold any public office during the period of his disqualification.
Article 33. Effects of the penalties of suspension from any public office, profession or calling, or the right of suffrage. - The suspension from public office, profession or calling, and the exercise of the right of suffrage shall disqualify the offender from holding such office or exercising such profession or calling or right of suffrage during the term of the sentence. The person suspended from holding public office shall not hold another having similar functions during the period of his suspension. Note: Prision correctional and arresto mayor has this accessory penalty (43)
Article 34. Civil interdiction. - Civil interdiction shall deprive the offender during the time of his sentence of: 1. the rights of parental authority, or 2. guardianship, either as to the person or property of any ward, 3. marital authority, 4. the right to manage his property, 5. the right to dispose of such property by any act or any conveyance inter vivos. Note: This is the accessory penalty for death if not executed by reason of commutation or pardon (40) and reclusion perpetua and reclusion temporal (41)
Article 35. Effects of bond to keep the peace. - It shall be the duty of any person sentenced to give bond to keep the peace, to present two sufficient sureties who shall undertake that such person will not commit the offense sought to be prevented, and that in case such offense be committed they will pay the amount determined by the court in the judgment, or otherwise to deposit such amount in the office of the clerk of the court to guarantee said undertaking. The court shall determine, according to its discretion, the period of duration of the bond. Should the person sentenced fail to give the bond as required he shall be detained for a period which shall in no case exceed six months, is he shall have been prosecuted for a grave or less grave felony, and shall not exceed thirty days, if for a light felony.
Art. 10. Offenses not subject to the provisions of this Code. — Offenses which are or in the future may be punishable under special laws are not subject to the provisions of this Code. This Code shall be supplementary to such laws, unless the latter should specially provide the contrary.
SPECIAL LAW, DEFINED Special Law- a law which defines and punishes act not found in the RPC
FIVE CIRCUMSTANCES AFFECTING CRIMINAL LIABILITY 1. Justifying Circumstances 2. Exempting Circumstances 3. Mitigating Circumstances 4. Aggravating Circumstances 5. Alternative Circumstances
IMPUTABILITY and RESPONSIBILITY • Imputability- the quality by which a criminal act maybe pinpointed to another as its doer or author. • Responsibility- is the obligation of an offender in suffering the consequences of a crime.
JUSTIFYING CIRCUMSTANCES, DEFINED Those where the act of a person is said to be in accordance with the law, so that he in the eyes of the law is considered not to have violated the law and is therefore free from criminal and civil liabilities.
QUICK ENUMERATION OF JUSTIFYING CIRCUMSTANCES 1. Self defense 2. Defense of relatives 3. Defense of strangers 4. Avoidance of greater evil 5. Fulfillment of duty 6. Obedience to order of superior.
1. Anyone who acts in defense of his person or rights, provided that the following circumstances concur: First. Unlawful aggression. Second. Reasonable necessity of the means employed to prevent or repel it. Third. Lack of sufficient provocation on the part of the person defending himself. SELF DEFENSE
THREE REQUISITES OF SELF DEFENSE 1. Unlawful aggression. 2. Reasonable necessity of the means employed to prevent or repel it. 3. Lack of sufficient provocation on the part of the person defending himself.
2. Any one who acts in defense of the person or rights of his spouse, ascendants, descendants, or legitimate, natural or adopted brothers or sisters, or his relatives by affinity in the same degrees and those consanguinity within the fourth civil degree, provided that the first and second requisites prescribed in the next preceding circumstance are present, and the further requisite, in case the revocation was given by the person attacked, that the one making defense had no part therein. DEFENSE OF RELATIVES
REQUISITES OF DEFENSE OF RELATIVES 1. Unlawful aggression. 2. Reasonable necessity of the means employed to prevent or repel it. 3. In case the Provocation was given by the person attacked, that the one making defense had no part therein.
Anyone who acts in defense of the person or rights of a stranger, provided that the first and second requisites mentioned in the first circumstance of this article are present and that the person defending be not induced by revenge, resentment, or other evil motive. DEFENSE OF STRANGERS
REQUISITES OF DEFENSE OF STRANGERS 1. Unlawful aggression. 2. Reasonable necessity of the means employed to prevent or repel it. 3. The person defending be not induced by revenge, resentment, or other evil motive.
Any person who, in order to avoid an evil or injury, does an act which causes damage to another, provided that the following requisites are present: First: That the evil sought to be avoided actually exists; Second: That the injury feared be greater than that done to avoid it; Third: That there be no other practical and less harmful means of preventing it. AVOIDANCE OF GREATER EVIL/STATE OF NECESSITY
REQUISITES OF AVOIDANCE OF GREATER EVIL 1. That the evil sought to be avoided actually exists; 2. That the injury feared be greater than that done to avoid it; 3. That there be no other practical and less harmful means of preventing it.
Any person who acts in the fulfillment of a duty or in the lawful exercise of a right or office. FULFILLMENT OF DUTY
REQUISITES OF FULFILMENT OF DUTY 1. The accused acted in the performance of duty or in the lawful exercise of a right or office. 2. The injury caused is the consequence of the due performance] of duty or the lawful exercise of such right or office.
Any person who acts in obedience to an order issued by a superior for some lawful purpose. OBEDIENCE TO AN ORDER OF A SUPERIOR
REQUISITES OF OBEDIENCE TO AN ORDER OF SUPERIOR 1. A lawful order has been issued by a superior; 2. The means used by the accused subordinate to carry out said order is lawful
UNLAWFUL AGGRESSION, DEFINED Unlawful aggression is assault or at least threatened assault of an immediate and imminent kind.
• When the aggressor flees, there is no more unlawful aggression; also when the aggressor manifested his honest desire to stop the fight. • When the aggressor has been disarmed, there could be no more unlawful aggression • There is no unlawful aggression when there is an agreement to a fight. • Rights involved in self defense includes defense of honor and property. • The belief of the accused is considered in determining the existence of unlawful aggression. • But a mere threatening attitude is not unlawful aggression.
RETREAT TO THE WALL vs. STAND GROUND WHEN IN THE RIGHT RETREAT TO THE WALL STAND GROUND WHEN IN THE RIGHT An ancient common law rule in homicide which made it the duty of a person assailed to retreat as far as he can before he is justified in meeting force with force A rule which states that where the accused is where he has the right to be, the law does not require him to retreat when his assailant is advancing upon him with a deadly weapon. Not followed in the Philippines Followed in the Philippines.
TEST OF REASONABLENESS IN DETERMINING WHETHER THERE IS SELF DEFENSE 1. Nature of the weapon used by the aggressor 2. Quality of his weapon 3. The physical conditions of both parties 4. Place of the aggression and others .
DOCTRINE OF RATIONAL EQUIVALENCE Reasonable necessity of the means employed does not imply material commensurability between the means of attack and defense. What the law requires is a rational equivalence, in the consideration of which will enter as principal factors the emergency, the imminent danger to which the person attacked is exposed, and the instinct more than reason, that moves or impels the defense
PROVOCATION, DEFINED Provocation- any unjust or improper conduct on the part of the offended party capable of inciting or irritating any one.
THINGS TO REMEMBER IN PROVOCATION 1. There must be no provocation made by the one claiming self defense; 2. Even if provocation was given, it must be sufficient provocation; 3. Even if the provocation was sufficient, but it was not given by the person claiming self-defense then there is self defense.
DEFENSE OF RELATIVES REQUISITES 1. Unlawful aggression 2. Reasonable necessity of the means employed to prevent or repel it 3. In case the provocation was given by the person attacked, the one making the defense had no part therein.
RELATIVES BY AFFINITY vs. RELATIVES BY CONSANGUINITY • Relatives by affinity are those created by marriage such as parents in law, sons and daughters in law • Relatives by consanguinity are relatives by nature or by blood relations. Siblings are within the 2nd civil degree, whereas uncle and niece or aunt and nephew are within the 3rd civil degree, first cousins are within the 4th civil degree
TABLE OF RELATIVES BY CONSANGUINITY THAT MAY BE DEFENDED RELATION SHIP BROTHER AND SISTER AUNCLE, AUNT, NIECE AND NEPHEW 1ST COUSIN DEGREE 2ND 3RD 4TH
DISTINGUISH BETWEEN SELF DEFENSE, DEFENSE OF RELATIVES AND DEFENSE OF STRANGERS SELF DEFENSE DEFENSE OF RELATIVES DEFENSE OF STRANGERS 1. Unlawful aggression 1. Unlawful aggression 1. Unlawful aggression 2. Reasonable necessity of the means employed to prevent or repel it 2. Reasonable necessity of the means employed to prevent or repel it 2. Reasonable necessity of the means employed to prevent or repel it 3. Lack of sufficient provocation on the part of the person defending himself 3. In case the provocation was given by the person attacked the one making defense had no part therein 3. The one defending is not induced by hatred revenge or other evil motive.
BOARD: Which among the following is a common requisite of self defense, defense of relatives, and defense of strangers? a. Unlawful aggression b. Reasonable necessity of the means employed to prevent or repel it c. Lack of sufficient provocation on part of defender d. Both a and b
DOCTRINE OF SELF HELP DOCTRINE OF SELF HELP- states that the owner or the lawful possessor of a thing has the right to exclude any person from the enjoyment and disposal thereof. Thus he may use such force as may be reasonably necessary to repel or prevent an actual or threatened unlawful physical invasion or usurpation of his property. (Art. 429 Civil Code)
SUMMARY OF LIABILITY JUSTIFYING CIRCUMSTANCE CRIMINAL LIABILITY CIVIL LIABILITY 1. SELF DEFENSE NONE NONE 2. DEFENSE OF RELATIVE NONE NONE 3. DEFENSE OF STRANGERS NONE NONE 4. AVOIDANCE OF GREATER EVIL NONE THERE IS CIVL LIABILITY 5. FULFILMENT OF DUTY NONE NONE 6. OBEDIENCE TO ORDER OF SUPERIOR NONE NONE
BATTERED WOMAN SYNDROME Battered Wife- a woman who is repeatedly subjected to any forceful physical or psychological behavior by a man in order to do something he wants her to do without concern for her rights. It includes wives or woman in any form of intimate relationship with a man. The couple must go through the battering cycle at least twice (RA 9262).
BOARD: What are the cycles of violence in BWS? ANSWER: a. Tension Building Stage- where minor battering occurs b. Acute Battering Incident- characterized by brutality, destructiveness and death. c. Tranquil or loving phase- The batterer shows loving caring nurture to the victim. d. All of the above
EXEMPTING CIRCUMSTANCES Exempting Circumstances- are those grounds for exemption from punishment because there is wanting/missing in the agent of the crime any of the conditions which make the act voluntary or negligent.
QUICK ENUMERATION OF EXEMPTING CIRCUMSTANCES 1. Imbecility; Insanity (unless the latter acted during a lucid interval) 2. A person under 9 3. A person over 9 and under 15 unless he has acted with discernment. 4. Accident 5. . Irresistible force 6. Uncontrollable fear 7. Lawful or insuperable cause.
1. An imbecile or an insane person, unless the latter has acted during a lucid interval. When the imbecile or an insane person has committed an act which the law defines as a felony (delito), the court shall order his confinement in one of the hospitals or asylums established for persons thus afflicted, which he shall not be permitted to leave without first obtaining the permission of the same court. IMBECILITY OR INSANITY
2. A person under nine years of age. (Repealed by RA 9344) now under 15 years of age MINORITY
3. A person over nine years of age and under fifteen, unless he has acted with discernment, in which case, such minor shall be proceeded against in accordance with the provisions of Art. 80 of this Code. (Repealed by RA 9344) now over 15 but under 18 years of MINORITY
4. Any person who, while performing a lawful act with due care, causes an injury by mere accident without fault or intention of causing it. ACCIDENT
5. Any person who act under the compulsion of irresistible force. IRRESISTIBLE FORCE
6. Any person who acts under the impulse of an uncontrollable fear of an equal or greater injury UNCONTROLABLE FEAR
7. Any person who fails to perform an act required by law, when prevented by some lawful insuperable cause. LAWFUL OR INSUPERABLE CAUSE
IMBECILE, DEFINED A person advanced in age but has a mental capacity equivalent to that of a child between 2 to 7 years old, which makes him exempted from criminal liability
INSANITY, DEFINED One which exists when there is a complete deprivation of intelligence in committing the criminal act, that is the accused is deprived of reason and acts without the least discernment.
BOARD: Who has the burden to prove insanity? a. Defense/Accused b. Complainant c. Prosecution d. DOJ
REASON The accused is presumed to be sane
TERMS COVERED BY INSANITY DEFENSE 1. Dementia Preacox – Schizophrenia – the patient suffrers from delusion that he is sexually abused, or that his property is taken. 2. Epilepsy- disease characterized by convulsions 3. Malignant malaria
IRRESISTIBLE IMPULSE TEST Irresistible impulse is a defense by excuse, in this case some sort of insanity, in which the defendant argues that they should not be held criminally liable for their actions that broke the law, because they could not control those actions (Wikipedia).
TEST OF COGNITION • If the accused committed the crime with complete deprivation of intelligence then he is exempted
TEST OF VOLITION • If the accused committed a crime in total deprivation of freedom of will he is also exmpted.
INSANITY AT THE TIME OF THE COMMISSION OF THE CRIME vs. INSANITY AT THE TIME OF TRIAL • Insanity at time of commission of crime = exempted. • Sane at time of crime but became insane at time of trial = liable still but trial wil be suspended.
Q: Who are civilly liable for acts committed by insane and imbecile? A: The civil liability for acts committed by an imbecile or insane person, and by a person under nine years of age, or by one over nine but under fifteen years of age, who has acted without discernment, shall devolve upon those having such person under their legal authority or control, unless it appears that there was no fault or negligence on their part. Should there be no person having such insane, imbecile or minor under his authority, legal guardianship or control, or if such person be insolvent, said insane, imbecile, or minor shall respond with their own property, excepting property exempt from execution, in accordance with the civil law.
DISCERNMENT, DEFINED Discernment- the mental capacity of a minor to distinguish between right from wrong and to fully appreciate the consequences of his felonious acts. It may be shown by: –manner of committing the crime; –conduct of the offender.
PERIODS OF HUMAN LIVES AGE OF ABSOLUTE CRIMINAL IRRESPONSIS BILITY AGE OF ABSOLUTE CRIMINAL RESPONSIBILIT Y AGE OF MITIGATED CRIMINAL RESPONSIBILI TY AGE OF CONDITIONAL CRIMINAL RESPONSIBILI TY Below 15 years old and exactly 15 years old 18 years old and above or 18 years old to 70 years old •Over 70 years old •15 years old and 1 day to 17 years old who acted with discernment 15 years old and 1 day to 17 years old.
REPUBLIC ACT 9344- AN ACT ESTABLISHING A COMPREHENSIVE JUVENILE JUSTICE AND WELFARE SYSTEM (Juvenile Justice and Welfare Act of 2006) • Child in Conflict with the Law- a child who is accused or adjudged of having committed an offense. • Initial contact with the child- refers to the apprehension of a child in conflict with the law by officers or private citizens. • Status Offense- offenses which discriminate only against a child while an adult does not suffer any penalty for committing similar acts. Examples are: curfew violations, truancy, parental disobedience.
REPUBLIC ACT 9344- AN ACT ESTABLISHING A COMPREHENSIVE JUVENILE JUSTICE AND WELFARE SYSTEM (Juvenile Justice and Welfare Act of 2006) • Section 6 RA 9344 says: A child 15 years of age or under at the time of the commission • of the offense shall be exempt from criminal liability. • A child above 15 years but below 18 shall likewise be exempt from criminal liability and be subjected to intervention program unless he has acted with discernment. • Section 58 of the same law says: Persons below 18 years of age shall be exempt from prosecution for the crime of vagrancy and prostitution, of mendicancy under PD 1563 and sniffing of rugby under PD 1619.
ACCIDENT REQUISITES 1. A person performs a lawful act; 2. With due care; 3. He causes an injury to another; 4. Without fault or intention of causing it.
DAMNUM ABSQUE INJURIA
IRRESISTIBLE FORCE Irresistible force- a force which produces such an effect upon an individual that, in spite of all resistance, it reduces him to a mere instrument and as such incapable of committing a crime (as a result he is exempted from criminal liability).
Requisites of Irresistible Force 1. Compulsion is by means of physical force 2. Physical force is irresistible 3. Physical force must come from a third person
REQUISITES OF UNCONTROLLABLE FEAR 1. The threat which causes the fear is of an evil greater or at least equal to that which he is required to commit; 2. The threat promises an evil of such gravity and imminence that an ordinary man would have succumbed to it.
UNCONTROLLABLE FEAR The exempting circumstance of uncontrollable fear presupposes that the accused is compelled by means of threat or intimidation by a third person to commit a crime (as a result he is exempted from criminal liability).
LAWFUL OR INSUPERABLE CAUSE This refers to some motive which has lawfully, morally, or physically prevented one to do what the law commands (as a result he is exempted from criminal liability).
ABSOLUTORY CAUSES, DEFINED Those where the act of a person is technically a crime, but because of public policy, there is no penalty imposed.
ENUMERATION OF ABSOLUTORY CAUSES UNDER THE RPC 1. Art 247. Death or physical injuries under exceptional circumstances 2. Art. 280 (3) trespass 3. Art. 332. Persons exempt from criminal liability 4. Art. 20. Accessories exempted 5. Art. 6 on spontaneous desistance 6. Instigation – one which takes place when a peace officer induces a person to commit a crime. Without the inducement, the crime would not be committed. It exempts one from criminal liability.
ENTRAPMENT vs. INSTIGATION ENTRAPMENT INSTIGATION 1. Ways and means are resorted to for the purpose of trapping and capturing the lawbreaker in the execution of his plans Here, the police practically induces the accused into the commission of the offense and he himself becomes a co principal in the crime. 2. The intent to violate the law originated from the accused himself. 2. The intent to violate the law did not originate from the accused as he was induced only by the police to perform a criminal act. 3. Not an absolutory cause hence does not exempt from criminal liability An absolutory cause that exempts one from criminal liability
MITIGATING CIRCUMSTANCES Mitigating circumstances-those which if present in the commission of a crime, do not entirely free the actor from criminal liability but reduces only the penalty.
ENUMERATE THE MITIGATING CIRCUMSTANCES 1. Incomplete justifying or exempting circumstance 2. Under 18 3. No intention to commit so grave a wrong (praeter intentionem) 4. Sufficient provocation or threat 5. Vindication of a grave offense 6. Passion or obfuscation 7. Voluntary surrender/ voluntary confession of guilt 8. Deaf, dumb, blind and other physical defects 9. Illnesses which diminish will power 10. Analogous circumstances.
1. Those mentioned in the preceding chapter, when all the requisites necessary to justify or to exempt from criminal liability in the respective cases are not attendant. Incomplete Justifying or incomplete exempting circumsatnces.
2. That the offender is under eighteen year of age or over seventy years. In the case of the minor, he shall be proceeded against in accordance with the provisions of Art. 80. (Correlate with RA 9344) Minority (under 18 years old)
3. That the offender had no intention to commit so grave a wrong as that committed. PRAETER INTENTIONEM
4. That sufficient provocation or threat on the part of the offended party immediately preceded the act. SUFFICIENT PROVOCATION OR THREAT
5. That the act was committed in the immediate vindication of a grave offense to the one committing the felony (delito), his spouse, ascendants, or relatives by affinity within the same degrees. VINDICATION OF GRAVE OFFENSE
6. That of having acted upon an impulse so powerful as naturally to have produced passion or obfuscation. PASSION OR OBFUSCATION
7. That the offender had voluntarily surrendered himself to a person in authority or his agents, or that he had voluntarily confessed his guilt before the court prior to the presentation of the evidence for the prosecution; VOLUNTARY SURRENDER OR VOLUNTARY CONFESSION OF GUILT
8. That the offender is deaf and dumb, blind or otherwise suffering some physical defect which thus restricts his means of action, defense, or communications with his fellow beings. PHYSICAL HANDICAP OR DEFECTS
9. Such illness of the offender as would diminish the exercise of the will-power of the offender without however depriving him of the consciousness of his acts. ILLNESS THAT DIMINISHED WILL POWER
10. And, finally, any other circumstances of a similar nature and analogous to those above mentioned. ANALOGOUS CIRCUMSTANCES
PROVOCATION vs. VINDICATION PROVOCATION VINDICATION 1. Provocation is made only to the person committing the. In provocation, the provocation or threat must immediately preceded the act In vindication, the grave offense may be committed against the spouse, the ascendants, descendants, brothers or sisters or relatives by affinity within the same degree of the offender. 2. In provocation the provocation need not be grave 2. In vindication, the offended party must have done a grave offense to the offender or his relatives 3. In provocation, the provocation or threat must immediately preceded the act 3. In vindication, the vindication of the grave offense may be proximate, which admits of interval of time between the commission of the grave offense and the commission of the crime by the accused
PASSION OR OBFUSCATION REQUISITES 1. There is an act unlawful and sufficient to produce passion or obfuscation; 2. The act which produced such emotion must not be far removed from the commission of the crime, during which the accused might recover his normal equanimity
VOLUNTARY SURRENDER • Voluntary surrender must be made to a person in authority or his agents • A surrender is voluntary when it is spontaneous in such a manner that it shows the interest of the accused to surrender voluntarily to the authorities either because he acknowledges his guilt or wishes to save the authorities the expenses incurred in his search.
VOLUNTARY CONFESSION OF GUILT/PLEA OF GUILTY REQUISITES 1. It must be made in open court 2. It must be made prior to the presentation of evidence of the prosecution
EXTENUATING CIRCUMSATNCES • Extenuating circumstances has the effect of reducing criminal liability. Almost similar to mitigating circumstances, found in Book Two of the RPC. • Examples: concealment of dihonor by mother in infanticide and abortion, abandonment by husband in adultery.
AGGRAVATING CIRCUMSTANCES Aggravating Circumstances- are those which if attendant in the commission of the offense, would serve to increase the penalty.
THE 21 AGGRAVATING CIRCUMSATNCES 1. Advantage of public position 2. In contempt or with insult to public authorities 3. Disrespect on the rank, age or sex of the offended party; the crime is committed in the dwelling of offended party 4. Abuse of confidence or obvious ungratefulness 5. Palace of the Chief Executive, or in his presence, or place where authorities discharge their duties, or place of religious worship 6. Nightime, uninhabited place, band 7. On occasion of conflagration, shipwreck etc. 8. Aid of armed men 9. Recidivist 10. Reiteration 11. Price, reward or promise 12. Inundation, fire, poison, etc 13. Evident Premiditation 14. Craft, fraud or Disguise 15. Superior strength or means to weaken defense 16 Treachery 17. Ignominy 18. Unlawful entry 19. Wall, roof, floor be broken 20. Aid of persons under 15, motor vehicle 21. Cruelty
1. That advantage be taken by the offender of his public position Taking advantage of public position
2. That the crime be committed in contempt or with insult to the public authorities. Contempt of authorities
3. That the act be committed with insult or in disregard of the respect due the offended party on account of his rank, age, or sex, or that is be committed in the dwelling of the offended party, if the latter has not given provocation. Disregard of rank, age, sex and dwelling of victim
4. That the act be committed with abuse of confidence or obvious ungratefulness. Abuse of confidence or obvious ungratefulness
5. That the crime be committed in the palace of the Chief Executive or in his presence, or where public authorities are engaged in the discharge of their duties, or in a place dedicated to religious worship. Palace of President, public places or those dedicated to worship
6. That the crime be committed in the night time, or in an uninhabited place, or by a band, whenever such circumstances may facilitate the commission of the offense. Night time, uninhabited place and band
7. That the crime be committed on the occasion of a conflagration, shipwreck, earthquake, epidemic or other calamity or misfortune. Taking advantage of calamity, disaster.
8. That the crime be committed with the aid of armed men or persons who insure or afford impunity. Aid of armed men
9. That the accused is a recidivist. Recidivism
10. That the offender has been previously punished by an offense to which the law attaches an equal or greater penalty or for two or more crimes to which it attaches a lighter penalty. Reiteracion or habituality
11. That the crime be committed in consideration of a price, reward, or promise. Price, reward, promise
12. That the crime be committed by means of inundation, fire, poison, explosion, stranding of a vessel or international damage thereto, derailment of a locomotive, or by the use of any other artifice involving great waste and ruin. Fire, poison, and other great wastes and ruins.
13. That the act be committed with evidence premeditation. Evident premeditation
14. That the craft, fraud or disguise be employed. Craft, fraud, disguise
15. That advantage be taken of superior strength, or means be employed to weaken the defense. Advantage of superior strength, weakening of defense.
16. That the act be committed with treachery (alevosia). Treachery or alevosia
17. That means be employed or circumstances brought about which add ignominy to the natural effects of the act. Ignominy
18. That the crime be committed after an unlawful entry. Unlawful entry
19. That as a means to the commission of the crime a wall, roof, floor, door, or window be broken Broken wall, roof, floor, or window.
That the crime be committed with the aid of persons under fifteen years of age or by means of motor vehicles, motorized watercraft, airships, or other similar means. Help of person under age, motor vehicle
. That the wrong done in the commission of the crime be deliberately augmented by causing other wrong not necessary for its commissions Cruelty
NIGHTTIME, DEFINED NIGHTIME- that period of darkness beginning at end of dusk and ending at dawn..
UNINHABITED PLACE UNINHABITED PLACE- one where there are no houses or where the houses are scattered at a great distance from each other
BAND, DEFINED BAND- whenever more than three armed malefactors shall have acted together in the commission of an offense, it shall be deemed to have been committed by a band.
Q: When is nightime, uninhabited place and band aggravating? A: 1. When the offender took advantage thereof for the purpose of impunity 2. When specially sought for by the offender to insure the commission of the crime 3. When it facilitated the commission of the crime.
AID OF PERSONS WH INSURE OR AFFORD IMPUNITY Q: Robber X and Robber Y robbed a certain village upon the assurance of the baranggay tanod that they would not patrol the village on that night. What aggravating circumsatnce is present? A: Aid of persons who insure impunity
RECIDIVIST, DEFINED RECIDIVIST- one who at the time of his trial for one crime, shall have been previously convicted by final judgment of another crime embraced in the same title of the Revised Penal Code.
WHAT IS REITERACION OR HABITUALITY? He is an offender who HAS BEEEN PREVIOUSLY PUNISHED FOR: 1. An offense to which the law attaches an equal or greater penalty or 2. For two or more crimes to which it attaches a lighter penalty
4 REPETITIOUS OFFENDERS RECIDIVIST REITERACION OR HABITUALITY HABITUAL DELINQUENT QUASI RECIDIVIST/M ULTI RECIDIVIST one who at the time of his trial for one crime, shall have been previously convicted by final judgment of another crime embraced in the same title of the Revised Penal Code. He is an offender who HAS BEEEN PREVIOUSLY PUNISHED FOR: An offense to which the law attaches an equal or greater penalty or For two or more crimes to which it attaches a lighter penalty Within ten yeARS THE ACUSED IS CONVICTED OF ROBO, HURTO, ESTAFA, FALSIFICATION, PHYSICAL INJURY FOR THE THIRD TIME. A PERSON AFTER HAVING BEEN CONVICTED SHALL COMMIT ANOTHER FELONY WHILE SERVING HIS SENTENCE
EVIDENT PREMEDITATION EVIDENT PREMEDITATION- it involves a determination to commit the crime prior to the moment of its execution and also to carry out the criminal intent which must be the result of deliberate, calculated and reflective thoughts through a period of time sufficient to dispassionately consider and accept the consequences thereof, thus indicating greater perversity
Q: What is the essence of evident premeditation? A: The essence of evident premeditation is that the execution of the criminal act must be preceded by cool thought and reflection upon the resolution to carry out the criminal intent during the space of time sufficient to arrive at a calm judgment.
Q: What are the requisites of evident premeditation? A: 1. The time when the offender determined to commit the crime; 2. An act manifestly indicating that the culprit has clung to his determination; 3. A sufficient lapse of time between the determination and execution, to allow him to reflect upon the consequences of his act and to allow his conscience to overcome the resolution of his will.
NOTE: • The latest ruling is that premeditation is not aggravating when the victim is different from that intended • However, if it is shown that the conspirators wee determined to kill not only the intended victim but also anyone who may help put a violent resistance, then evident premeditation will be appreciated.
CRAFT, DEFINED CRAFT- is a circumstance characterized by trickery or cunning resorted to by the accused, to carry out his design. It is the use of intellectual trickery and cunning on the part of the accused.
FRAUD, DEFINED FRAUD- insidious words or machinations used to induce the victim to act in a manner which would enable the offender to carry out his design.
DISGUISE, DEFINED • DISGUISE- it involves the deliberate effort of the accused to conceal his identity in the commission of the crime.
TREACHERY OR ALEVOSIA There is treachery when the offender commits any of the crimes against the person, employing means, methods or forms in the execution thereof which tend directly and specially to insure its execution, without risk to himself arising from the defense which the offended party might make.
Note: The killing of a minor who, because of their tender age, could not be expected to put up a defense, is considered attended with treachery even if the manner of the attack is not shown. The killing is hence, qualified to murder. Also treachery may also be appreciated in the crime of robbery with homicide although this complex crime is predominantly a crime against property.
IGNOMINY, DEFINED • IGNOMINY- is a circumstance pertaining to the moral order, which adds disgrace and obloquy to the material injury caused by the crime. It is a circumstance that tends to make the effects of the crime more humiliating, thus adding to the victim’s moral sufferings.
UNLAWFUL ENTRY, DEFINED UNLAWFUL ENTRY- there is unlawful entry when an entrance is affected by a way not intended for the purpose.
CRUELTY, DEFINED CRUELTY- a circumstance whereby the offender enjoys and delights in making his victim suffer slowly and gradually, causing him unnecessary physical pain in the consummation of his criminal act
OTHER AGGRAVATING UNDER SPECIAL LAWS • Under RA 8294 6 July 1997, the use of unlicensed firearm merely becomes an aggravating circumstance if murder or homicide was committed with the use thereof. But if the unlicensed firearm is used in the commission of any crime there can be no separate offense of illegal possession of firearm. • RA 10591, Comprehensive Firearms and Ammunitions Regulations Act • See also RA 9165.
FOUR KINDS OF AGGRAVATING CIRCUMSTANCE – Generic- generally applies to all crimes. – Inherent- that must necessarily accompany the commission of a crime – Qualifying- that which changes the nature of the crime – Specific- Those that apply only to a particular crime.
ALTERNATIVE CIRCUMSTANCES Art. 15. Their concept (DEFINED). — Alternative circumstances are those which must be taken into consideration as aggravating or mitigating according to the nature and effects of the crime and the other conditions attending its commission.
ALTERNATIVE CIRCUMSTANCES They are the: 1. Relationship 2. Intoxication and the 3. Degree of instruction and education of the offender.
The alternative circumstance of relationship shall be taken into consideration when the offended party in the spouse, ascendant, descendant, legitimate, natural, or adopted brother or sister, or relative by affinity in the same degrees of the offender.
INTOXICATION, WHEN MITIGATING The intoxication of the offender shall be taken into consideration as a mitigating circumstances when the offender has committed a felony in a state of intoxication, if the same is not habitual or subsequent to the plan to commit said.
INTOXICATION, WHEN AGGRAVATING Intoxication is aggravating when the intoxication is habitual or intentional, it shall be considered as an aggravating circumstance
PERSONS CRIMINALLY LIABLE FOR FELONIES Art. 16. Who are criminally liable. — The following are criminally liable for grave and less grave felonies: 1. Principals. 2. Accomplices. 3. Accessories. The following are criminally liable for light felonies: 1. Principals 2. Accomplices.
Art. 17. Principals. — The following are considered principals: 1. Those who take a direct part in the execution of the act; 2. Those who directly force or induce others to commit it; 3. Those who cooperate in the commission of the offense by another act without which it would not have been accomplished.
THREE CLASSIFICATIONS OF PRINCIPALS • Those who take a direct part in the execution of the act. (PRINCIPAL BY DIRECT PARTICIPATION) • Those who directly forced or induced others to commit it. (PRINCIPAL BY INDUCEMENT OR INDUCTION) • Those who cooperate in the commission of the offense by another act without which it would not have been accomplished (PRINCIPAL BY INDISPENSABLE COOPERATION)
COLLECTIVE CRIMINAL RESPONSIBILITY When the offenders are liable in the same manner and the same extent.
INDIVIDUAL CRIMINAL RESPONSIBILITY Here some are principals, some are accomplices others may be accessories.
ACCOMPLICES Art. 18. Accomplices. — Accomplices are those persons who, not being included in Art. 17, cooperate in the execution of the offense by previous or simultaneous acts
ACCESSORIES, DEFINED Art. 19. Accessories. — Accessories are those who, having knowledge of the commission of the crime, and without having participated therein, either as principals or accomplices, take part subsequent to its commission in any of the following manners: 1. By profiting themselves or assisting the offender to profit by the effects of the crime. 2. By concealing or destroying the body of the crime, or the effects or instruments thereof, in order to prevent its discovery. 3. (FOR PUBLIC OFFICIALS ONLY ) By harboring, concealing, or assisting in the escape of the principals of the crime, provided the accessory acts with abuse of his public functions OR (FOR PRIVATE PERSONS ALSO) whenever the author of the crime is guilty of treason, parricide, murder, or an attempt to take the life of the Chief Executive, or is known to be habitually guilty of some other crime.
ACCESSORIES BUT EXEMPTED FROM CRIMINAL LIABILITY Art. 20. Accessories who are exempt from criminal liability. — The penalties prescribed for accessories shall not be imposed upon those who are such with respect to their spouses, ascendants, descendants, legitimate, natural, and adopted brothers and sisters, or relatives by affinity within the same degrees, with the single exception of accessories falling within the provisions of paragraph 1 of the next preceding article.
WHO ARE THE ACCESSORIES WHO ARE EXEMPT FROM CRIMINAL LIABILTY? The spouse, ascendants, descendants, brothers and sisters or relatives by affinity within the same degree. (Note: Except paragraph one)
PD 1829 Committed by any person who knowingly or willfully obstructs, impedes, frustrates or delays the apprehension of suspects and the investigation and prosecution of criminal cases by committing any of the following acts: (a) preventing witnesses from testifying in any criminal proceeding or from reporting the commission of any offense or the identity of any offender/s by means of bribery, misrepresentation, deceit, intimidation, force or threats; (b) altering, destroying, suppressing or concealing any paper, record, document, or object, with intent to impair its verity, authenticity, legibility, availability, or admissibility as evidence in any investigation of or official proceedings in, criminal cases, or to be used in the investigation of, or official proceedings in, criminal cases; (c) harboring or concealing, or facilitating the escape of, any person he knows, or has reasonable ground to believe or suspect, has committed any offense under existing penal laws in order to prevent his arrest prosecution and conviction; (d) publicly using a fictitious name for the purpose of concealing a crime, evading prosecution or the execution of a judgment, or concealing his true name and other personal circumstances for the same purpose or purposes; (e) delaying the prosecution of criminal cases by obstructing the service of process or court orders or disturbing proceedings in the fiscal's offices, in Tanodbayan, or in the courts; (f) making, presenting or using any record, document, paper or object with knowledge of its falsity and with intent to affect the course or outcome of the investigation of, or official proceedings in, criminal cases;
(g) soliciting, accepting, or agreeing to accept any benefit in consideration of abstaining from, discounting, or impeding the prosecution of a criminal offender; (h) threatening directly or indirectly another with the infliction of any wrong upon his person, honor or property or that of any immediate member or members of his family in order to prevent such person from appearing in the investigation of, or official proceedings in, criminal cases, or imposing a condition, whether lawful or unlawful, in order to prevent a person from appearing in the investigation of or in official proceedings in, criminal cases; (i) giving of false or fabricated information to mislead or prevent the law enforcement agencies from apprehending the offender or from protecting the life or property of the victim; or fabricating information from the data gathered in confidence by investigating authorities for purposes of background information and not for publication and publishing or disseminating the same to mislead the investigator or to the court.
PENALTY, DEFINED • Penalty- is the suffering inflicted by the State for the transgression of the law.
JURIDICAL CONDITIONS OF PENALTY • Must be commensurate with the offense- different crimes have different penalties under the law. • Must be personal- A person should be held accountable for his own actions. No person should be punished for the crime of another • Certain- No person must escape the penalty. • Legal- The penalty must be in accordance with the law
JUSTIFICATION FOR THE IMPOSITION OF PENALTY • Exemplarity- to serve as an example to others and deter them from emulating the criminal. • Justice- Criminal is punished as an act of retributive justice. • Prevention- To suppress or prevent the danger to the State of the acts of the criminal. • Reformation- Under the modern concept of correction the criminal is punished in order to rehabilitate or reform him. • Self Defense- To protect the society against the threats and actions of the criminals.
UTILATARIAN THEORY/PROTECTIVE THEORY The primary function of punishment is the protection of society against actual and potential wrongdoers.
LIFE IMPRISONMENT vs. RECLUSION PERPETUA LIFE IMPRISONMENT RECLUSION PERPETUA 1. does not have specific duration. 1. Has a specific duration 2. Imposed for violations of special laws 2. Imposable generally for violations of the Revised Penal Code. 3. Does not have accessory penalties. 3. Has accessory penalties.
Q: What penalty may be imposed by the state? (Prospective character) A: No felony shall be punishable by any penalty not prescribed by law prior to its commission (Art.21)
Q: When may penal laws have retroactive effects? A: Penal laws shall have retroactive effect in so far as they favor the person guilty of a felony, who is not a habitual criminal (art. 22)
Q: What is the effect of pardon by the offended party? A: A pardon by the offended party does not extinguish criminal action except as provided in article 344. But civil liability with regard to the interest of the injured party is extinguished by his express waiver (Art.23)
Measures of prevention or safety which are nor considered penalties The following shall not be considered as penalties: 1. The arrest and temporary detention of accused persons, as well as their detention by reason of insanity or imbecility, or illness requiring their confinement in a hospital. 2. The commitment of a minor to any of the institutions mentioned in Article 80 and for the purposes specified therein. 3. Suspension from the employment of public office during the trial or in order to institute proceedings. 4. Fines and other corrective measures which, in the exercise of their administrative disciplinary powers, superior officials may impose upon their subordinates. 5. Deprivation of rights and the reparations which the civil laws may establish in penal form.
Q: When is fine afflictive, correctional or light in character? A: 1. It is afflictive if it exceeds P6000. 2. It is correctional if it does not exceed P6000 but is not less than P200 3. It is light if it is less than P200.
PREVENTIVE IMPRISONMENT Q: Explain the concept of preventive imprisonment. A: Offenders or accused who have undergone preventive imprisonment shall be credited in the service of their sentence consisting of deprivation of liberty, with the full time during which they have undergone preventive imprisonment if the detention prisoner agrees voluntarily in writing to abide by the same disciplinary rules imposed upon convicted prisoners. Except: • when they are recidivist, or have been convicted previously twice or more times of any crime; • when upon being summoned for the execution of their sentence they failed to surrender voluntarily.(Article 29)
WHEN IS THE ACCUSED PLACED UNDER PREVENTIVE IMPRISONMENT? -An accused undergoes preventive imprisonment when the offense charged is non bailable or even if bailable he cannot furnish the required bail. Now if an accused does not agree to abide by the same disciplinary rules imposed upon convicted prisoners, he shall be credited in the service of his sentence with 4/5 of the time during which he has undergone preventive imprisonment.
RA 10152 (May 2013) "ART. 29. Period of preventive imprisonment deducted from term of imprisonment. – Offenders or accused who have undergone preventive imprisonment shall be credited in the service of their sentence consisting of deprivation of liberty, with the full time during which they have undergone preventive imprisonment if the detention prisoner agrees voluntarily in writing after being informed of the effects thereof and with the assistance of counsel to abide by the same disciplinary rules imposed upon convicted prisoners, except in the following cases: "1. When they are recidivists, or have been convicted previously twice or more times of any crime; and "2. When upon being summoned for the execution of their sentence they have failed to surrender voluntarily.
RA 10152 "If the detention prisoner does not agree to abide by the same disciplinary rules imposed upon convicted prisoners, he shall do so in writing with the assistance of a counsel and shall be credited in the service of his sentence with four-fifths of the time during which he has undergone preventive imprisonment. "Credit for preventive imprisonment for the penalty of reclusion perpetua shall be deducted from thirty (30) years.
RA 10152 "Whenever an accused has undergone preventive imprisonment for a period equal to the possible maximum imprisonment of the offense charged to which he may be sentenced and his case is not yet terminated, he shall be released immediately without prejudice to the continuation of the trial thereof or the proceeding on appeal, if the same is under review. Computation of preventive imprisonment for purposes of immediate release under this paragraph shall be the actual period of detention with good conduct time allowance: Provided, however, That if the accused is absent without justifiable cause at any stage of the trial, the court may motu proprio order the rearrest of the accused: Provided, finally, That recidivists, habitual delinquents, escapees and persons charged with heinous crimes are excluded from the coverage of this Act. In case the maximum penalty to which the accused may be sentenced is destierro, he shall be released after thirty (30) days of preventive imprisonment."
CIVIL INTERDICTION Q: What is civil interdiction? A: It is an accessory penalty which has the effects of depriving the offender during the time of his sentence of the rights of parental authority, or guardianship, either as to the person or property of any ward, of marital authority, of the right to manage his property, and of the right to dispose of such property by any act or any conveyance inter vivos.
BOND TO KEEP THE PEACE Q: What is bond to keep the peace? A: It is an accessory penalty which has the effect of requiring the person sentenced to it to present two sureties who shall undertake that such person will not commit the offense sought to be prevented, and in case such offense be committed they will pay the amount determined by the court in its judgment, or otherwise to deposit such amount in the office of the clerk of court to guarantee said undertaking. If the person sentenced fail to give the bond as required he shall be detained for a period not exceeding six months if he shall have been prosecuted for grave or less grave felony, and shall not exceed thirty days, if for a light felony.
EFFECT OF PRESIDENTIAL PARDON Q: What is the effect of pardon (by the President)? A: A pardon shall not work the restoration of the right to hold public office, or the right of suffrage, unless such rights be expressly restored by the terms of the pardon. It shall also not exempt the culprit from the payment of the civil liability imposed upon him by the sentence.
PARDON, DEFINED • Pardon- is an act of grace proceeding from the power entrusted with the execution of the laws which exempts the individual on whom it is bestowed from the punishment the law inflicts for the crime he has committed. A pardon may either be a conditional or absolute.
LIMITATIONS ON THE PARDONING POWER OF THE PRESIDENT • Pardon can be exercised only after conviction; • This power cannot be extended to cases of impeachment • No pardon involving violations of elections laws, shall be granted without the favorable recommendation of the Comelec.
PARDON OF THE PRESIDENT vs. PARDON BY THE PRIVATE OFFENDED PARTY PARDON BY PRESIDENT PARDON BY VICTIM 1. Extinguishes criminal liability 1. Does not extinguish criminal liability 2. Does not extinguish civil liability 2. Extinguishes civil liability 3. Must be given after conviction by final judgment 3. In cases where pardon is allowed it must be given prior to the institution of criminal action against the accused.
PECUNIARY LIABILITY ENUMERATE THE PROPER ORDER OF PAYMENT OF THE PECUNIARY LIABILITIES OF THE OFFENDER: • Reparation of the damage caused • Indemnification of consequential damages • The fine • Cost of the proceedings (Art.38)
SUBSIDIARY IMPRISONMENT Q: What is subsidiary imprisonment/penalty? A: It is a personal liability to be suffered by the convict who has no property to pay the fine at the rate of one day for each eight pesos. (Art. 39)
RULES TO BE OBSERVED IN SUBSIDIARY IMPRISONMENT • When the principal penalty is higher than prision correctional no subsidiary imprisonment shall be impose. • If the principal penalty be prison correctional or arresto and fine, his subsidiary imprisonment shall not exceed 1/3 of the term of the sentence, and in no case shall it continue for more than one year • When the principal penalty is only fine, subsidiary imprisonment shall not exceed six months, if the offender is prosecuted for grave or less grave felonies, and shall not exceed 15 days if for a light felony. • The subsidiary penalty which he may have suffered shall not relieve him from the fine in case his financial circumstances should improve. (Art.39)
RA 10159 Art. 39. Subsidiary Penalty. – If the convict has no property with which to meet the fine mentioned in paragraph 3 of the next preceding article, he shall be subject to a subsidiary personal liability at the rate of one day for each amount equivalent to the highest minimum wage rate prevailing in the Philippines at the time of the rendition of judgment of conviction by the trial court
COSTS Cost; What are included. - Costs shall include fees and indemnities in the course of the judicial proceedings, whether they be fixed or unalterable amounts previously determined by law or regulations in force, or amounts not subject to schedule (37). Costs, defined – costs are expenses of litigations.
Q: What is to be done to the proceeds or instrument of a crime? A: Every penalty imposed for the commission of a felony shall carry with it the forfeiture of the proceeds of the crime and the instruments or tools with which it was committed. They shall be forfeited in favor of the Government, unless they be the property of a third person not liable for the offense, but those articles which are not subject of lawful commerce shall be destroyed. (Art.45)
Article 46. Penalty to be imposed upon principals in general. - The penalty prescribed by law for the commission of a felony shall be imposed upon the principals in the commission of such felony. Whenever the law prescribes a penalty for a felony is general terms, it shall be understood as applicable to the consummated felony.
EXAMPLE: Article 249. Homicide. - Any person who, shall kill another without the attendance of any of the circumstances enumerated in the next preceding article, shall be deemed guilty of homicide and be punished by reclusion temporal.
Article 280. Qualified trespass to dwelling. - Any private person who shall enter the dwelling of another against the latter's will shall be punished by arresto mayor
Article 47. In what cases the death penalty shall not be imposed. - 1. When the guilty person is less than 18 years old or the guilty person be more than seventy years of age. 2. When upon appeal or revision of the case by the Supreme court, all the members thereof are not unanimous in their voting as to the propriety of the imposition of the death penalty., in which case the penalty shall be reclusion perpetua.
COMPLEX CRIME, DEFINED Q: What is a complex crime? A: There is a complex crime when a single act constitutes two or more grave or less grave felonies, or when an offense is a necessary means for committing the other. (In which case the penalty for the most serious crime shall be imposed in its maximum period-Art 48)
TWO KINDS OF COMPLEX CRIMES 1. When a single act constitutes two or more grave or less grave felonies- (compound crime or delito compuesto) 2. When an offense is a necessary means of committing the other- (complex crime proper or delito complejo)
EXAMPLES COMPUND CRIME 1. Complex crime of rape with less serious physical injuries (but not rape with slight physical injuries). 2. Complex crime of direct assault with serious physical injuries. 3. Complex crime of double murder
EXAMPLES COMPLEX CRIME PROPER 1. Malversation through falsification of public document 2. Kidnapping with murder 3. Simple seduction through usurpation of official functions.
COMPOSITE CRIMES/SPECIAL COMPLEX CRIMES Where the law provides a single penalty for two or more component offenses, the resulting crime is called a special complex crime. Some of the special complex crimes under the Revised Penal Code are: (1) robbery with homicide, (2) robbery with rape, (3) kidnapping with serious physical injuries, (4) kidnapping with murder or homicide, and (5) rape with homicide
SEVERAL SHOTS FROM A THOMPSON SUB MACHINE GUN CAUSING DIFFERENT DETHS AND INJURIES , BY SINGLE PRESSING OF THE TRIGGER ARE CONSIDERED SEVERAL ACTS.
PLURALITY OF CRIMES Plurality of crimes- consist in the successive execution by one individual of different criminal acts upon which no conviction is yet declared. It could either be: A. formal or ideal plurality of which art. 48 is the best example, that is there is only one criminal liability or B. real or material plurality where there are different crimes in the eyes of the law and in the conscience of the offender. Hence in real or material plurality the offender is punished for each and every offense that he committed.
CONTINUING CRIMES Q: What is a continuing/continued/continuous crime? A: It is a single crime, consisting of a series of acts all arising from one criminal resolution. It is a continuous, unlawful act or series of act set on foot by a single impulse and operated by an unintermittent force, however long time it may occupy.
DEGREE and PERIOD WHAT IS A DEGREE? – A Degree is one entire penalty as enumerated in Article 71. WHAT IS PERIOD – a period is one of the three equal portions of a divisible penalty, such as minimum, medium and maximum periods.
COMPUTATION OF PENALTIES BY GRADUATION OF DEGREE Consum mated Frustrate d Attempte d Principa l 0 1 2 Accomp lice 1 2 3 Access ory 2 3 4
Article 71 RPC. Graduated Scale SCALE NO. 1 • Death • Reclusion Perpetua • Reclusion Temporal • Prision Mayor • Prision Correctional • Arresto Mayor • Destierro • Arresto Menor • Public Censure • Fine
SCALE NO.2 • Perpetual absolute disqualification • Temporary absolute disqualification • Suspension from public office, the right to vote and be voted for, and the right to follow a profession or calling • Public censure • Fine
RULES FOR THE APPLICATION OF PENALTIES WHICH HAVE THREE PERIOD 1. No mitigating and no aggravating – medium period. 2. Only mitigating is present – minimum period 3. Only aggravating is present – maximum period. 4. Both mitigating and aggravating are present – rule on offsetting (article 64).
ARTICLE 62 REVISED PENAL CODE • Aggravating circumstances which in themselves constitute a crime especially punishable by law or which are included by law in defining a crime and prescribing the penalty therefore shall not be taken into account for the purpose of increasing the penalty. • When in the commission of a crime advantage was taken by the offender of his public position, the maximum penalty shall be imposed regardless of mitigating circumstances. • The maximum penalty shall be impose if the offense was committed by any person who belongs to an organized/syndicated group. An organized or syndicated group means a group of two or more persons collaborating, confederating, or mutually helping one another for the purpose of gain in the commission of a crime. • Aggravating or mitigating circumstances which arise from the moral attributes of the offender or from his private relations with the offended party, or from any other personal cause, shall serve only to aggravate or mitigate the liability of the principals, accomplices and accessories as to whom such circumstances are attendant. • The circumstances which consist in the material execution of the act, or in the means employed to accomplish it, shall serve to aggravate or mitigate the liability of only those persons who had knowledge of them at the time of the execution of the act or their cooperation therein.
RULE 1 Aggravating circumstances which in themselves constitute a crime especially punishable by law or which are included by law in defining a crime and prescribing the penalty therefore shall not be taken into account for the purpose of increasing the penalty
EXAMPLE – aggravating circumstance of by means of fire, is not aggravating in arson, because that is the nature of arson. Aggravating circumstance of “use of poison” is not aggravating in murder because that is one of the ways by which murder can be committed.
RULE 2 Aggravating or mitigating circumstances which arise from the moral attributes of the offender or from his private relations with the offended party, or from any other personal cause, shall serve only to aggravate or mitigate the liability of the principals, accomplices and accessories as to whom such circumstances are attendant
MORAL ATTRIBUTES EXAMPLES – A and B killed C. A acted with treachery but B acted with passion. A is guilty of murder qualified by treachery, while B may only be held guilty of homicide mitigated by passion. Alfonso assisted Bea in killing Chito (husband of Bea). Here Bea is liable for parricide, while Chito is liable for homicide or murder as the case may be.
MORAL ATTRIBUTES OTHER EXAMPLES – Bea is the maid of Caloy. Dario, the friend of Bea helped Bea in stealing from Caloy’s house. Bea is laible for qualified theft. Dario is liable for simple theft only.
OTHER PERSONAL CAUSE EXAMPLES – A 16 years old together with B, 19 years old and a recidivist killed C. A will get lesser penalty, while B has greater penalty.
RULE 3 The circumstances which consist in the material execution of the act, or in the means employed to accomplish it, shall serve to aggravate or mitigate the liability of only those persons who had knowledge of them at the time of the execution of the act or their cooperation therein.
EXAMPLES: A ordered B to kill C. Without saying how it should be done. B employed cruelty in killing C. A is only guilty of simple murder, but B is liable for murder aggravated by cruelty.
LAST RULES • When in the commission of a crime advantage was taken by the offender of his public position, the maximum penalty shall be imposed regardless of mitigating circumstances. • The maximum penalty shall be impose if the offense was committed by any person who belongs to an organized/syndicated group. An organized or syndicated group means a group of two or more persons collaborating, confederating, or mutually helping one another for the purpose of gain in the commission of a crime.
BOARD SYNDICATED ESTAFA, DEFINED - Any person or persons who shall commit estafa or other forms of swindling as defined in Article 315 and 316 of the RPC which is committed by a syndicate consisting of five or more persons formed with the intention of carrying out the unlawful or illegal act, transaction, enterprise or scheme, and the defraudation results in the misappropriation of money contributed by stockholders, or members of rural banks, cooperative, "samahang nayon(s)", or farmers association, or of funds solicited by corporations/associations from the general public (PD 1689).
HABITUAL DELINQUENT Q: Who/What is a habitual delinquent? A: A person shall be deemed a habitual delinquent if within a period of ten years from the date of his release or last conviction of the crimes of serious or less serious physical injuries, robo, hurto, estafa, or falsification, he is found guilty of any of said crimes a third time or oftener.
RULE ON SIMULTANEOUS SERVICE OF SENTENCE OR PENALTY When the culprit has to serve two or more penalties, he shall serve them simultaneously if the nature of the penalties will permit so, otherwise the order of their respective severity shall be followed so that they maybe executed successively or as nearly as may be possible, should a pardon have been granted as to the penalty first imposed or should they have been carried out (Art. 70).
ORDER OF SEVERITY OF PENALTY Q: Enumerate the proper order of severity of penalty from the highest to the lowest. A: 1. Death 2. Reclusion perpetua 3. Reclusion temporal 4. Prision Mayor 5. Prision Correctional 6. Arresto mayor 7. Arresto menor 8. Destierro 9. Perpetual Absolute Disqualification 10. Temporary Absolute Disqualification 11. Suspension from public office, the right to vote and be voted for, profession 12. Public censure
3 FOLD RULE IN SERVICE OF SENTENCE Q: What is the three fold rule in the service of sentence? A: According to this rule, the maximum duration of the convict’s sentence shall not be more than threefold the length of time corresponding to the most severe of the penalties imposed upon him. No other penalty to which he may be held liable shall be inflicted after the sum of those imposed equals the said maximum period. Such maximum period shall in no case exceed forty years.
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2019_CRIMINAL_LAW_1.ppt

  • 1. CRIMINAL LAW BOOK ONE Makamasa A. Gapit
  • 2. CRIMINAL LAW, DEFINED Criminal Law- that branch of public law which defines crimes treats of their nature and provides for their punishment.
  • 3. DISTINCTIONS FELONY – punishable by the Revised Penal Code OFFENSE – punishable by special penal laws INFRACTIONS – punishable by city or municipal ordinances
  • 4. CRIME, DEFINED An act committed or omitted in violation of a public law forbidding or commanding it.
  • 5. DELICT and QUASI DELICT • Delict – a misdeamenor, an offense, or simply CRIME. • Quasi delict – the fault or negligence of a person causing damge to another, and there is no pre existing contractual relation between the parties (Article 2176 Civil Code). Also known as CULPA AQUILIANA.
  • 6. SOURCES OF CRIMINAL LAW 1. Act 3815 known as the Revised Penal Code 2. Special Penal Laws passed by Congress 3. Presidential Decrees issued by President Marcos 4. Codigo Penal De Espana (Spanish Penal Code)
  • 7. COMMON LAW CRIMES • the body of principles, usages and rules of actions which do not result from the express act of the legislature. There is no such crime in the Philippines. • These are unwritten norms which the society condemns even if there is no written law declaring it to be illegal or criminal.
  • 8. NULLUM CRIMEN NULLA POENA SINE LEGE There is no crime if there is no law punishing it.
  • 9. RA 9775 • THE ANTI CHILD PORNOGRAPHY LAW
  • 10. FYI • Albay Rep Edcel Lagman filed House Bill 2352. • His proposed law seeks to provide wives and husbands the option to sue their partners who are committing same-sex adultery.
  • 11. RA 8485 • THE ANIMAL WELFARE ACT
  • 12. CHARACTERISTICS OF CRIMINAL LAW • General- criminal law is binding on all persons who live or sojourn in the Philippines, regardless of age, sex or nationality. • Territorial- criminal laws are applicable only if the crime is committed within Philippine territory. • Prospective- criminal law cannot make an act punishable in a manner in which it was not punishable when committed. See Art 366. (The law looks forward and not backwards)
  • 13. EXCEPTIONS TO THE GENERAL CHARACTERISTICS 1. As provided by treaty stipulations- RP-US VFA Agreements 2. As provided by laws of preferential applications- RA 75 grants protection to diplomatic representatives, ambassador or other public ministers of foreign countries including their domestic servants authorized and received by the President. 3. Persons who are exempt because of certain principles of international laws: • Sovereigns and other heads of states • Ambassadors, minister plenipotentiaries, minister residents and charges d’ affaires.
  • 14. EXCEPTIONS TO THE TERRITORIAL CHARACTERISTICS 1. When the offender shall commit an offense on a Philippine ship or airship. 2. When the offender should forge or counterfeit any coin or currency note of the Philippines or obligations and securities issued by the Philippine government. 3. When the offender should be liable for the acts connected with the introduction into the Philippines of the obligations and securities mentioned in number two. 4. When the offender who is a public officer or employee abroad shall commit an offense in the exercise of his functions. 5. When the offender should commit an offense against the national securities and the laws of nations.
  • 15. PHILIPPINE EMBASSIES ABROAD The Revised Penal Code of the Philippines will apply if the crime was committed within Philippine embassies abroad. This is so because they are considered extensions of Philippine territory.
  • 16. PROSPECTIVE CHARACTERISTICS • Also known as prospectivity • Alsoknown as irretrospectivity. • It means the law (as a general rule) does not have retroactive effect.
  • 17. LEX PROSPICIT NON RESPICIT
  • 18. Favorabilia Sunt Amplianda Adiosa Restrigenda Penal laws favorable to the accused are given retroactive effect
  • 19. EXCEPTION TO THE PROSPECTIVE CHARACTER: When the new law is favorable to the accused. EXCEPTION TO THE EXCEPTION • When the offender is a habitual criminal. • When the new law expressly provides it has no application or retroactive effect to pending actions/cases.
  • 20. CONSTRUCTION OF PENAL LAWS • Penal laws are strictly construed against the state and liberally in favor of the accused • If there is a conflict between the Spanish text and the English text, the Spanish text prevails.
  • 21. PRO REO DOCTRINE When there is doubt about the meaning or application or interpretation of a penal law and the doubt admits of two interpretations, one which is lenient to the offender and the other one is favorabe to him, then the interpretation which is favorable to the accused should be applied.
  • 22. EFFECTS OF REPEAL OF A PENAL LAW: • If the new law is favorable to the accused in the sense that the penalty becomes lighter, then the new law shall be applied. Except when the accused is a _______ ________. • But if the new law imposes a heavier penalty, the old law shall be applied, that is the law in forced at the time of the commission of the offense shall be applied.
  • 23. THEORIES IN CRIMINAL LAW • Classical (Juristic) Theory- the basis of criminal liability is human free will and the purpose of penalty is retribution. Man is a moral creature with an absolute free will to choose between good and evil. Here more stress is placed upon the result of the crime than the criminal. There is scant regard for the human element. • Positivist (Realistic) Theory. Man is subdued occasionally by a strange and morbid phenomenon which constrain him to do wrong. Crime is a social and natural phenomenon; it cannot be treated therefore by the application of abstract principles of law or by the imposition of punishment. The purpose of penalty is reformation of accused. Offender is regarded as a sick person who needs treatment.
  • 24. CLASSICAL THEORY • The basis of criminal liability is human free will and the purpose of penalty is retribution. • Man is a moral creature with an absolute free will to choose between good and evil. • Here more stress is placed upon the result of the crime than the criminal. • There is scant regard for the human element
  • 25. POSITIVIST THEORY • Man is subdued occasionally by a strange and morbid phenomenon which constrain him to do wrong. • Crime is a social and natural phenomenon; • Crime cannot be treated therefore by the application of abstract principles of law or by the imposition of punishment. • The purpose of penalty is reformation of accused. • Offender is regarded as a sick person who needs treatment.
  • 26. ECLECTIC OR MIXED THOERY • Mixture of both classical and positivist schools. • Crimes that are economic are treated under the positivist theory. • Crimes that are purely evil is treated under the classical school.
  • 27. RULES ON CRIMES COMMITTED ABOARD FOREIGN MERCHANT VESSEL WHILE WITHIN PHILIPPINE WATERS • English Rule- the crime is punishable in the Philippines, unless the crime merely affects things within the vessel. • French Rule- the crime is not triable in the courts of that country (Philippines), unless their commission unless their commission has effects on the safety of the coastal state.
  • 28. LIMITATIONS ON THE POWERS OF CONGRESS TO MAKE LAWS • No Ex Post Facto Law shall be enacted.- Ex Post Facto Law is a law that makes criminal an act done before the passage of the law and which was innocent when done, and punishes such an act; it may also be defined as a law which aggravates a crime, or makes it greater than it was, when committed. • No Bill of Attainder shall be passed. – A bill of attainder is a law which inflicts punishment without trial. • No person shall be deprived of life, liberty or property without due process of law- The law must must be fair and reasonable and the accused must be given the opportunity to be heard and be accorded the rights to which he is entitled. • Excessive fines shall not be imposed nor cruel or unusual punishment.
  • 29. WARNING: DATE OF EFFECTIVITY IS DIFFERENT FROM DATE OF APPROVAL • Article 1. Time when Act takes effect- JANUARY 1, 1932. • Article 367. RPC approved on December 8, 1930.
  • 30. Art. 2. Application of its provisions. — Except as provided in the treaties and laws of preferential application, the provisions of this Code shall be enforced not only within the Philippine Archipelago, including its atmosphere, its interior waters and maritime zone, but also outside of its jurisdiction, against those who: 1. Should commit an offense while on a Philippine ship or airship 2. Should forge or counterfeit any coin or currency note of the Philippine Islands or obligations and securities issued by the Government of the Philippine Islands; 3. Should be liable for acts connected with the introduction into these islands of the obligations and securities mentioned in the presiding number; 4. While being public officers or employees, should commit an offense in the exercise of their functions; or 5. Should commit any of the crimes against national security and the law of nations, defined in Title One of Book Two of this Code.
  • 31. EXCEPTIONS TO THE TERRITORIAL CHARACTERISTICS (1-5) 1. Should commit an offense while on a Philippine ship or airship
  • 32. 2. Should forge or counterfeit any coin or currency note of the Philippine Islands or obligations and securities issued by the Government of the Philippine Islands;
  • 33. 3. Should be liable for acts connected with the introduction into these islands of the obligations and securities mentioned in the presiding number;
  • 34. 4. While being public officers or employees, should commit an offense in the exercise of their functions; or
  • 35. 5. Should commit any of the crimes against national security and the law of nations, defined in Title One of Book Two of this Code.
  • 36. FELONY Art. 3. Definitions. — Acts and omissions punishable by law are felonies (delitos). Felonies are committed not only be means of deceit (dolo) but also by means of fault (culpa). There is deceit when the act is performed with deliberate intent and there is fault when the wrongful act results from imprudence, negligence, lack of foresight, or lack of skill.
  • 37. ELEMENTS OF FELONIES IN GENERAL: • An act or omission • Act or omission punishable by the RPC • Act is performed or omission is incurred by means of dolo or culpa.
  • 38. • Act- is any bodily movement tending to produce some effects in the external world. • Omission- inaction, the failure to perform an act one is bound to do.
  • 39. IMPRUDENCE VS. NEGLIGENCE • Imprudence involves lack of skill. Negligence involves lack of foresight • Imprudence involves a deficiency of action. Negligence indicates a deficiency of perception. • Failure to make precaution is imprudence. Failure to use diligence is negligence.
  • 40. REQUISITES OF DOLO OR MALICE (INTENTIONAL FELONIES) • Freedom of action • Intelligence • Intent
  • 41. SEXSOMNIA Sleep sex, or sexsomnia, is a condition in which a person will engage in sexual acts while still asleep. This condition falls within the broad classes of sleep disorders known as parasomnia. Sexsomnia includes fondling, heterosexual and homosexual intercourse,masturbation, and oral sex. (Wikipedia)
  • 42. MEN’S REA • Criminal Intent • The gravamen of a certain crime
  • 43. REQUISITES OF FAULT OR CULPA (CULPABLE FELONIES) • Freedom of action • Intelligence • Imprudent, negligent, or lack of foresight or lack of skill
  • 44. MISTAKE OF FACT Mistake of fact- is a misapprehension of fact on the part of the person who caused injury to another. He is not liable for absence of criminal intent
  • 45. REQUISITES OF MISTAKE OF FACT • The act would have been lawful had the facts been as the accused believed them to be. • The intention of the accused in performing the act should be lawful. • That the mistake must be without fault or carelessness on the part of the accused
  • 46. IGNORANTIA LEGIS NON EXCUSAT • Ignorantia legis non excusat- IGNORANCE OF THE LAW EXCUSES NO ONE FROM COMPLIANCE THE COMPLIANCE THEREWITH
  • 47. IGNORANTIA FACTI EXCUSAT • IGNORANCE OF FACTS EXCUSES • Ignorantia Facti Excusat is a Latin legal maxim that means ignorance of a fact is an excuse. Any act done under a mistaken impression of a material fact is excused (us.legal.com)
  • 48. Actus non facit reum nisi mens sit rea The act itself does not make a man guilty unless his intention was so.
  • 49. Actus me invito factus nonest meus actus An act done by me against my will is not my act.
  • 50. CRIMES MALA IN SE vs. CRIMES MALA PROHIBITA CRIMES MALA IN SE CRIMES MALA PROHIBITA 1. Those which are so serious in effects to the so society so as to call for their unanimous condemnation. 1. These are violations of mere rules of convenience designed to secure a more orderly affairs of the society.
  • 51. CRIMES MALA IN SE CRIMES MALA PROHIBITA 2. Wrongful in nature. Since the beginning of time 2. Made wrongful only by statute.
  • 52. CRIMES MALA IN SE CRIMES MALA PROHIBITA 3. Generally punished by Revised Penal Code. 4. Intent is necessary 3. Punished by special penal laws. 4. Intent may not be necessary.
  • 53. MOTIVE and INTENT Motive- the moving power which impels one to action for a definite result. Intent is the purpose to use a particular manes to effect such result. NOTE”: Motive is not an element of a crime and need not be proved. Intent is an element of a crime and must be proved.
  • 54. CRIMINAL LIABILITY, DEFINED Criminal liability does not only mean the obligation to serve the personal or imprisonment penalties but it also includes the liability to pay the fines or pecuniary penalties.
  • 55. CRIMINAL LIABILITY Art. 4. Criminal liability. — Criminal liability shall be incurred: 1. By any person committing a felony (delito) although the wrongful act done be different from that which he intended. 2. By any person performing an act which would be an offense against persons or property, were it not for the inherent impossibility of its accomplishment or an account of the employment of inadequate or ineffectual means.
  • 56. Article 4 (1) may refer to either: • Error in personae- mistake in identity of victim. • Aberratio Ictus- mistake in blow. • Praeter Intentionem- result done is greater than that originally intended.
  • 57. Rationale of Par. 1 El que es causa de la causa es causa del mal causado. Meaning: He who is the cause of the cause is the cause of the evil caused.
  • 58. REQUISITES OF ART. 4 (1) • An intentional Felony has been committed. • The wrong done to the victim be the direct, natural and logical consequence of the felony committed by the offender. • The felony done must be the proximate cause of the resulting injury.
  • 59. PROXIMATE CAUSE, DEFINED Proximate cause- is that cause which in the ordinary and continuous sequence, unbroken by any efficient intervening cause produces the injury.
  • 60. EFFICIENT INTERVENING CAUSE Efficient intervening cause- are those that break the relation of cause and effect.
  • 61. The felony committed is not the proximate cause of the resulting injury when: 1. There is an active force that intervened between the felony committed and the resulting injury; 2. The resulting injury is due to the intentional act of the accused.
  • 62. IMPOSSIBLE CRIME, DEFINED IMPOSSIBLE CRIMES- those crimes which would have been committed against person or property were it not for the inherent impossibility of its accomplishment or on account of the employment of inadequate or ineffectual means. The purpose of the law in punishing impossible crime is to suppress criminal propensities or tendencies. The penalty for impossible crime is arresto mayor or fine of P200-500 (Article 59).
  • 63. REQUISITES OF IMPOSSIBLE CRIMES 1. The act performed would have been an offense against persons or property. 2. The act was done with evil intent 3. Its accomplishment is inherently impossible because it the means either inadequate or ineffectual 4. The act does not constitute another violation of the RPC.
  • 64. Art. 5. Duty of the court in connection with acts which should be repressed but which are not covered by the law, and in cases of excessive penalties 1. Whenever a court has knowledge of any act which it may deem proper to repress and which is not punishable by law, it shall render the proper decision, and shall report to the Chief Executive, through the Department of Justice, the reasons which induce the court to believe that said act should be made the subject of legislation. 2. In the same way, the court shall submit to the Chief Executive, through the Department of Justice, such statement as may be deemed proper, without suspending the execution of the sentence, when a strict enforcement of the provisions of this Code would result in the imposition of a clearly excessive penalty, taking into consideration the degree of malice and the injury caused by the offense
  • 65. Outline of Paragraph 1: – there is an act; – the act is reprehensible; – but the act is not punishable by the law; – the court shall render the proper decisison; – the court shall report to the Chief Executive through the DOJ – the report shall contain the reason why the said act should be more or less prohibited and penalized.
  • 66. Outline of Paragraph 2: • there is an act; • this time the act is punishable by the law; • but the penalty for the act is clearly excessive; • the law has not yet been declared unconstitutional; • the court shall render the proper decision; • it shall report to the Chief Executive through the DOJ
  • 67. 3 STAGES OF EXECUTION OF FELONIES Art. 6. Consummated, frustrated, and attempted felonies. — Consummated felonies as well as those which are frustrated and attempted, are punishable. A felony is CONSUMATED when all the elements necessary for its execution and accomplishment are present; and it is FRUSTRATED when the offender performs all the acts of execution which would produce the felony as a consequence but which, nevertheless, do not produce it by reason of causes independent of the will of the perpetrator. There is an ATTEMPT (ED) when the offender commences the commission of a felony directly or over acts, and does not perform all the acts of execution which should produce the felony by reason of some cause or accident other than this own spontaneous desistance.
  • 68. DEVELOPMENT OF A CRIME 1. Internal acts- these are the mere ideas in the mind of a person/not punishable. 2. External acts- are divided to: • Preparatory act- ordinarily not punishable • Acts of execution- they are the stages. Already punishable. The acts of execution are: 1. ATTEMPTED 2. FRUSTRATED 3. CONSUMMATED
  • 70. ATTEMPTED FELONY REQUISITES 1. Offender commences the commission of a felony directly by overt acts 2. He does not perform all the acts of execution 3. He is not stopped by his own spontaneous desistance 4. The non performance of the all acts of execution was due to cause or accident other than his own spontaneous desistance.
  • 71. Q: When is a felony commenced by overt acts? A: 1. there must be external act; 2. the external act must have direct connection with the crime intended to be committed.
  • 72. OVERT ACT, DEFINED It is some physical activity or deed more than a mere planning or preparation, which if carried out to its complete termination following its natural course. Without being frustrated by external obstacles nor by the voluntary desistance of the perpetrator, will logically and naturally ripen in a concrete offense.
  • 73. INDETERMINATE OFFENSE, DEFINED INDETERMINATE OFFENSE- It is one where the purpose of the offender in performing an act is not certain
  • 74. SPONTENEOUS DESISTANCE DEFINED. This is the voluntary stoppage of the crime made by the would be criminal himself before he could inflict any damage to the would be victim.
  • 75. Rational for spontaneous desistance: A sort of reward to those who heed the call of conscience and return to the path of righteousness. (But the desistance should be made before all the acts of execution are performed.)
  • 76. FRUSTRATED FELONY REQUISITES 1. Offender performs all the acts of execution 2. Felony is not produced 3. By reason of cause independent of the will of the perpetrator
  • 77. Q: How to determine whether a crime is attempted, frustrated or consummated? A: See the following: • the elements present • the nature of the offense • the manner of the commission of the crime.
  • 78. FORMAL CRIMES vs. MATERIAL CRIMES • Formal crimes- are crimes consummated in one instant. There is only one stage and that is consummated stage. • Material crimes have three stages of execution, attempted, frustrated and consummated. .
  • 79. SUBJECTIVE PHASE vs. OBJECTIVE PHASE OF THE CRIME • Subjective phase is that portion of the acts constituting the crime, starting from the point where the offender begins the commission of the crime to the point where he still has control over his act and their natural course. • If between these two points the offender is stopped by any cause outside of his own voluntary desistance, the subjective phase has not been passed and it is an attempt. If he is not so stopped but continues until he performs the last act, it is frustrated, provided the crime is not produced. This is the objective phase of the crime (See Reyes and Regalado Annotations).
  • 80. Note: In the objective phase, the subjective phase has already passed and the offender has no more control over his criminal actions.
  • 81. APPLICATIONS • A put poison in B’s food. B threw away his food. A is liable - attempted murder. • A aimed his gun at B. C held A’s hand and prevented him from shooting B - attempted murder. • A inflicted a mortal wound on B. B managed to survive - frustrated murder. • A intended to kill B by shooting him. A missed - attempted murder. • A doused B’s house with kerosene. But before he could light the match, he was caught - attempted arson. • A cause a blaze, but did not burn the house of B - frustrated arson. • B’s house was set on fire by A - (consummated) arson. • A tried to rape B. B managed to escape. There was no penetration - attempted rape. Excerps from: Rene Callanta, Codal and Notes in Criminal Law, Internet, page 22, citing Reyes, Gregorio, pallattao, Sandoval and Ortega.
  • 82. Art. 7. When light felonies are punishable. — Light felonies are punishable only when they have been consummated, with the exception of those committed against person or property.
  • 83. LIGHT FELONIES, DEFINED Light felonies are those infractions of law for the commission of which a penalty of arrest menor or a fine not exceeding 200 (now 40,000) pesos or both; is provided.
  • 84. Art. 8. Conspiracy and proposal to commit felony. — Conspiracy and proposal to commit felony are punishable only in the cases in which the law specially provides a penalty therefor. A conspiracy exists when two or more persons come to an agreement concerning the commission of a felony and decide to commit it. There is proposal when the person who has decided to commit a felony proposes its execution to some other person or persons.
  • 85. GENERAL RULE • Mere conspiracy to commit a crime is not punishable. • Reason: Conspiracy and Proposal to Commit a Felony are punishable only in the cases in which the law specifically provides a penalty therefore.
  • 86. Cases where mere conspiracy is already punishable: 1. Conspiracy to commit treason (Art.115); 2. Conspiracy to commit rebellion or insurrection (Art. 136); 3. Conspiracy to commit sedition (Art. 141); 4. Conspiracy in restraint of trade or commerce (Art. 186) 5. Conspiracy to commit terrorism under RA 9372 6. Conspiracy to commit arson under PD 1613.
  • 87. Cases where mere proposal is already punishable 1. Proposal to commit treason (Art. 115); 2. Proposal to commit rebellion or insurrection (Art. 136) 3. Proposal to commit coup d’ etat
  • 88. RULE IN CONSPIRACY WHEN THERE IS CONSPIRACY BETWEEN OR AMONG THOSE WHO COMMITTED THE CRIME THE ACT OF ONE IS THE ACT OF ALL.
  • 89. CLASSIFICATION OF FELONY ACCORDING TO GRAVITY Art. 9. Grave felonies, less grave felonies and light felonies. — Grave felonies are those to which the law attaches the capital punishment or penalties which in any of their periods are afflictive, in accordance with Art. 25 of this Code. Less grave felonies are those which the law punishes with penalties which in their maximum period are correctional, in accordance with the above-mentioned Art.. Light felonies are those infractions of law for the commission of which a penalty of arrest menor or a fine not exceeding 200 pesos or both; is provided.
  • 90. Q: What are some of the practical use of knowing whether a certain offense is grave, less grave or light felony? a. It will give us a clue whether these can be complexed with another crime b. To determine prescription of crime and penalty c. Gives us an idea until when an accused may be legally detained d. All of the above.
  • 91. PRINCIPAL PENALTIES 1. Capital Punishment: • Death 2. Afflictive Penalties • Reclusion perpetua- 20 yrs.+1 day to 40 yrs. • Reclusion temporal- 12 yrs.+1 day-20 yrs • Perpetual or temporary absolute disqualification-6 yrs.+1 day to 12 yrs. • Perpetual or temporary special disqualification- 6 yrs.+1 day to 12 yrs. • Prision Mayor-6 yrs. + 1 day to 12 years 3. Correctional penalties • Prision correctional- 6 mos.+ 1 day to 6 yrs. • Arresto mayor-1 month + 1 day to 6 mos. • Suspension- 6 mos+1 day to 6 yrs. • Destierro- 6 mos. +1 day to 6 years 4. Light penalties • Arresto menor- 1 day to 30 days • Public censure
  • 92. ACCESORY PENALTIES • Perpetual or temporary absolute disqualification • Perpetual or temporary special disqualification • Suspension from public office, the right to vote and be voted for • Civil Interdiction • Indemnification • Forfeiture or confiscation of instrument sand proceeds of the offense • Payment of cost
  • 93. DIVISIBLE and INDIVISIBLE PENALTIES 1. Divisible penalties – those that have fixed duration and divisible into three periods, minimum, medium and maximum periods. 2. Indivisible penalties – Those that have no fixed duration, and have no minimum, medium and maximum periods.
  • 94. EFFECTS OF ACCESSORY PENALTIES Article 30. Effects of the penalties of perpetual or temporary absolute disqualification. - The penalties of perpetual or temporary absolute disqualification for public office shall produce the following effects: 1. The deprivation of the public offices and employments which the offender may have held even if conferred by popular election. 2. The deprivation of the right to vote in any election for any popular office or to be elected to such office. 3. The disqualification for the offices or public employments and for the exercise of any of the rights mentioned. In case of temporary disqualification, such disqualification as is comprised in paragraphs 2 and 3 of this article shall last during the term of the sentence. 4. The loss of all rights to retirement pay or other pension for any office formerly held. Note: This is the accessory penalty for death penalty if not executed by reason of pardon (40) and reclusion perpetua and reclusion temporal (41). Prison mayor has temporary absolute disqualification (42)
  • 95. PERPETUAL ABSOLUTE DISQUALIFICATION DISTINGUISH FROM TEMPORARY ABSOLUTE DISQUALIFICATION PERPETUAL ABSOLUTE DISQUALIFICATION – effective during the lifetime of the convict and even after service of sentence. It stays with him forever. TEMPORARY ABSOLUTE DISQUALIFICATION – lasts only during the term of the sentence. Its gone after the service of sentence.
  • 96. Article 31. Effect of the penalties of perpetual or temporary special disqualification. - The penalties of perpetual or temporal special disqualification for public office, profession or calling shall produce the following effects: 1. The deprivation of the office, employment, profession or calling affected; 2. The disqualification for holding similar offices or employments either perpetually or during the term of the sentence according to the extent of such disqualification. Note: Prision Mayor has temporary absolute disqualification (42)
  • 97. Article 32. Effect of the penalties of perpetual or temporary special disqualification for the exercise of the right of suffrage.- The perpetual or temporary special disqualification for the exercise of the right of suffrage shall: 1. deprive the offender perpetually or during the term of the sentence, according to the nature of said penalty, of the right to vote in any popular election for any public office or 2. to be elected to such office. 3. Moreover, the offender shall not be permitted to hold any public office during the period of his disqualification.
  • 98. Article 33. Effects of the penalties of suspension from any public office, profession or calling, or the right of suffrage. - The suspension from public office, profession or calling, and the exercise of the right of suffrage shall disqualify the offender from holding such office or exercising such profession or calling or right of suffrage during the term of the sentence. The person suspended from holding public office shall not hold another having similar functions during the period of his suspension. Note: Prision correctional and arresto mayor has this accessory penalty (43)
  • 99. Article 34. Civil interdiction. - Civil interdiction shall deprive the offender during the time of his sentence of: 1. the rights of parental authority, or 2. guardianship, either as to the person or property of any ward, 3. marital authority, 4. the right to manage his property, 5. the right to dispose of such property by any act or any conveyance inter vivos. Note: This is the accessory penalty for death if not executed by reason of commutation or pardon (40) and reclusion perpetua and reclusion temporal (41)
  • 100. Article 35. Effects of bond to keep the peace. - It shall be the duty of any person sentenced to give bond to keep the peace, to present two sufficient sureties who shall undertake that such person will not commit the offense sought to be prevented, and that in case such offense be committed they will pay the amount determined by the court in the judgment, or otherwise to deposit such amount in the office of the clerk of the court to guarantee said undertaking. The court shall determine, according to its discretion, the period of duration of the bond. Should the person sentenced fail to give the bond as required he shall be detained for a period which shall in no case exceed six months, is he shall have been prosecuted for a grave or less grave felony, and shall not exceed thirty days, if for a light felony.
  • 101. Art. 10. Offenses not subject to the provisions of this Code. — Offenses which are or in the future may be punishable under special laws are not subject to the provisions of this Code. This Code shall be supplementary to such laws, unless the latter should specially provide the contrary.
  • 102. SPECIAL LAW, DEFINED Special Law- a law which defines and punishes act not found in the RPC
  • 103. FIVE CIRCUMSTANCES AFFECTING CRIMINAL LIABILITY 1. Justifying Circumstances 2. Exempting Circumstances 3. Mitigating Circumstances 4. Aggravating Circumstances 5. Alternative Circumstances
  • 104. IMPUTABILITY and RESPONSIBILITY • Imputability- the quality by which a criminal act maybe pinpointed to another as its doer or author. • Responsibility- is the obligation of an offender in suffering the consequences of a crime.
  • 105. JUSTIFYING CIRCUMSTANCES, DEFINED Those where the act of a person is said to be in accordance with the law, so that he in the eyes of the law is considered not to have violated the law and is therefore free from criminal and civil liabilities.
  • 106. QUICK ENUMERATION OF JUSTIFYING CIRCUMSTANCES 1. Self defense 2. Defense of relatives 3. Defense of strangers 4. Avoidance of greater evil 5. Fulfillment of duty 6. Obedience to order of superior.
  • 107. 1. Anyone who acts in defense of his person or rights, provided that the following circumstances concur: First. Unlawful aggression. Second. Reasonable necessity of the means employed to prevent or repel it. Third. Lack of sufficient provocation on the part of the person defending himself. SELF DEFENSE
  • 108. THREE REQUISITES OF SELF DEFENSE 1. Unlawful aggression. 2. Reasonable necessity of the means employed to prevent or repel it. 3. Lack of sufficient provocation on the part of the person defending himself.
  • 109. 2. Any one who acts in defense of the person or rights of his spouse, ascendants, descendants, or legitimate, natural or adopted brothers or sisters, or his relatives by affinity in the same degrees and those consanguinity within the fourth civil degree, provided that the first and second requisites prescribed in the next preceding circumstance are present, and the further requisite, in case the revocation was given by the person attacked, that the one making defense had no part therein. DEFENSE OF RELATIVES
  • 110. REQUISITES OF DEFENSE OF RELATIVES 1. Unlawful aggression. 2. Reasonable necessity of the means employed to prevent or repel it. 3. In case the Provocation was given by the person attacked, that the one making defense had no part therein.
  • 111. Anyone who acts in defense of the person or rights of a stranger, provided that the first and second requisites mentioned in the first circumstance of this article are present and that the person defending be not induced by revenge, resentment, or other evil motive. DEFENSE OF STRANGERS
  • 112. REQUISITES OF DEFENSE OF STRANGERS 1. Unlawful aggression. 2. Reasonable necessity of the means employed to prevent or repel it. 3. The person defending be not induced by revenge, resentment, or other evil motive.
  • 113. Any person who, in order to avoid an evil or injury, does an act which causes damage to another, provided that the following requisites are present: First: That the evil sought to be avoided actually exists; Second: That the injury feared be greater than that done to avoid it; Third: That there be no other practical and less harmful means of preventing it. AVOIDANCE OF GREATER EVIL/STATE OF NECESSITY
  • 114. REQUISITES OF AVOIDANCE OF GREATER EVIL 1. That the evil sought to be avoided actually exists; 2. That the injury feared be greater than that done to avoid it; 3. That there be no other practical and less harmful means of preventing it.
  • 115. Any person who acts in the fulfillment of a duty or in the lawful exercise of a right or office. FULFILLMENT OF DUTY
  • 116. REQUISITES OF FULFILMENT OF DUTY 1. The accused acted in the performance of duty or in the lawful exercise of a right or office. 2. The injury caused is the consequence of the due performance] of duty or the lawful exercise of such right or office.
  • 117. Any person who acts in obedience to an order issued by a superior for some lawful purpose. OBEDIENCE TO AN ORDER OF A SUPERIOR
  • 118. REQUISITES OF OBEDIENCE TO AN ORDER OF SUPERIOR 1. A lawful order has been issued by a superior; 2. The means used by the accused subordinate to carry out said order is lawful
  • 119. UNLAWFUL AGGRESSION, DEFINED Unlawful aggression is assault or at least threatened assault of an immediate and imminent kind.
  • 120. • When the aggressor flees, there is no more unlawful aggression; also when the aggressor manifested his honest desire to stop the fight. • When the aggressor has been disarmed, there could be no more unlawful aggression • There is no unlawful aggression when there is an agreement to a fight. • Rights involved in self defense includes defense of honor and property. • The belief of the accused is considered in determining the existence of unlawful aggression. • But a mere threatening attitude is not unlawful aggression.
  • 121. RETREAT TO THE WALL vs. STAND GROUND WHEN IN THE RIGHT RETREAT TO THE WALL STAND GROUND WHEN IN THE RIGHT An ancient common law rule in homicide which made it the duty of a person assailed to retreat as far as he can before he is justified in meeting force with force A rule which states that where the accused is where he has the right to be, the law does not require him to retreat when his assailant is advancing upon him with a deadly weapon. Not followed in the Philippines Followed in the Philippines.
  • 122. TEST OF REASONABLENESS IN DETERMINING WHETHER THERE IS SELF DEFENSE 1. Nature of the weapon used by the aggressor 2. Quality of his weapon 3. The physical conditions of both parties 4. Place of the aggression and others .
  • 123. DOCTRINE OF RATIONAL EQUIVALENCE Reasonable necessity of the means employed does not imply material commensurability between the means of attack and defense. What the law requires is a rational equivalence, in the consideration of which will enter as principal factors the emergency, the imminent danger to which the person attacked is exposed, and the instinct more than reason, that moves or impels the defense
  • 124. PROVOCATION, DEFINED Provocation- any unjust or improper conduct on the part of the offended party capable of inciting or irritating any one.
  • 125. THINGS TO REMEMBER IN PROVOCATION 1. There must be no provocation made by the one claiming self defense; 2. Even if provocation was given, it must be sufficient provocation; 3. Even if the provocation was sufficient, but it was not given by the person claiming self-defense then there is self defense.
  • 126. DEFENSE OF RELATIVES REQUISITES 1. Unlawful aggression 2. Reasonable necessity of the means employed to prevent or repel it 3. In case the provocation was given by the person attacked, the one making the defense had no part therein.
  • 127. RELATIVES BY AFFINITY vs. RELATIVES BY CONSANGUINITY • Relatives by affinity are those created by marriage such as parents in law, sons and daughters in law • Relatives by consanguinity are relatives by nature or by blood relations. Siblings are within the 2nd civil degree, whereas uncle and niece or aunt and nephew are within the 3rd civil degree, first cousins are within the 4th civil degree
  • 128. TABLE OF RELATIVES BY CONSANGUINITY THAT MAY BE DEFENDED RELATION SHIP BROTHER AND SISTER AUNCLE, AUNT, NIECE AND NEPHEW 1ST COUSIN DEGREE 2ND 3RD 4TH
  • 129. DISTINGUISH BETWEEN SELF DEFENSE, DEFENSE OF RELATIVES AND DEFENSE OF STRANGERS SELF DEFENSE DEFENSE OF RELATIVES DEFENSE OF STRANGERS 1. Unlawful aggression 1. Unlawful aggression 1. Unlawful aggression 2. Reasonable necessity of the means employed to prevent or repel it 2. Reasonable necessity of the means employed to prevent or repel it 2. Reasonable necessity of the means employed to prevent or repel it 3. Lack of sufficient provocation on the part of the person defending himself 3. In case the provocation was given by the person attacked the one making defense had no part therein 3. The one defending is not induced by hatred revenge or other evil motive.
  • 130. BOARD: Which among the following is a common requisite of self defense, defense of relatives, and defense of strangers? a. Unlawful aggression b. Reasonable necessity of the means employed to prevent or repel it c. Lack of sufficient provocation on part of defender d. Both a and b
  • 131. DOCTRINE OF SELF HELP DOCTRINE OF SELF HELP- states that the owner or the lawful possessor of a thing has the right to exclude any person from the enjoyment and disposal thereof. Thus he may use such force as may be reasonably necessary to repel or prevent an actual or threatened unlawful physical invasion or usurpation of his property. (Art. 429 Civil Code)
  • 132. SUMMARY OF LIABILITY JUSTIFYING CIRCUMSTANCE CRIMINAL LIABILITY CIVIL LIABILITY 1. SELF DEFENSE NONE NONE 2. DEFENSE OF RELATIVE NONE NONE 3. DEFENSE OF STRANGERS NONE NONE 4. AVOIDANCE OF GREATER EVIL NONE THERE IS CIVL LIABILITY 5. FULFILMENT OF DUTY NONE NONE 6. OBEDIENCE TO ORDER OF SUPERIOR NONE NONE
  • 133. BATTERED WOMAN SYNDROME Battered Wife- a woman who is repeatedly subjected to any forceful physical or psychological behavior by a man in order to do something he wants her to do without concern for her rights. It includes wives or woman in any form of intimate relationship with a man. The couple must go through the battering cycle at least twice (RA 9262).
  • 134. BOARD: What are the cycles of violence in BWS? ANSWER: a. Tension Building Stage- where minor battering occurs b. Acute Battering Incident- characterized by brutality, destructiveness and death. c. Tranquil or loving phase- The batterer shows loving caring nurture to the victim. d. All of the above
  • 135. EXEMPTING CIRCUMSTANCES Exempting Circumstances- are those grounds for exemption from punishment because there is wanting/missing in the agent of the crime any of the conditions which make the act voluntary or negligent.
  • 136. QUICK ENUMERATION OF EXEMPTING CIRCUMSTANCES 1. Imbecility; Insanity (unless the latter acted during a lucid interval) 2. A person under 9 3. A person over 9 and under 15 unless he has acted with discernment. 4. Accident 5. . Irresistible force 6. Uncontrollable fear 7. Lawful or insuperable cause.
  • 137. 1. An imbecile or an insane person, unless the latter has acted during a lucid interval. When the imbecile or an insane person has committed an act which the law defines as a felony (delito), the court shall order his confinement in one of the hospitals or asylums established for persons thus afflicted, which he shall not be permitted to leave without first obtaining the permission of the same court. IMBECILITY OR INSANITY
  • 138. 2. A person under nine years of age. (Repealed by RA 9344) now under 15 years of age MINORITY
  • 139. 3. A person over nine years of age and under fifteen, unless he has acted with discernment, in which case, such minor shall be proceeded against in accordance with the provisions of Art. 80 of this Code. (Repealed by RA 9344) now over 15 but under 18 years of MINORITY
  • 140. 4. Any person who, while performing a lawful act with due care, causes an injury by mere accident without fault or intention of causing it. ACCIDENT
  • 141. 5. Any person who act under the compulsion of irresistible force. IRRESISTIBLE FORCE
  • 142. 6. Any person who acts under the impulse of an uncontrollable fear of an equal or greater injury UNCONTROLABLE FEAR
  • 143. 7. Any person who fails to perform an act required by law, when prevented by some lawful insuperable cause. LAWFUL OR INSUPERABLE CAUSE
  • 144. IMBECILE, DEFINED A person advanced in age but has a mental capacity equivalent to that of a child between 2 to 7 years old, which makes him exempted from criminal liability
  • 145. INSANITY, DEFINED One which exists when there is a complete deprivation of intelligence in committing the criminal act, that is the accused is deprived of reason and acts without the least discernment.
  • 146. BOARD: Who has the burden to prove insanity? a. Defense/Accused b. Complainant c. Prosecution d. DOJ
  • 147. REASON The accused is presumed to be sane
  • 148. TERMS COVERED BY INSANITY DEFENSE 1. Dementia Preacox – Schizophrenia – the patient suffrers from delusion that he is sexually abused, or that his property is taken. 2. Epilepsy- disease characterized by convulsions 3. Malignant malaria
  • 149. IRRESISTIBLE IMPULSE TEST Irresistible impulse is a defense by excuse, in this case some sort of insanity, in which the defendant argues that they should not be held criminally liable for their actions that broke the law, because they could not control those actions (Wikipedia).
  • 150. TEST OF COGNITION • If the accused committed the crime with complete deprivation of intelligence then he is exempted
  • 151. TEST OF VOLITION • If the accused committed a crime in total deprivation of freedom of will he is also exmpted.
  • 152. INSANITY AT THE TIME OF THE COMMISSION OF THE CRIME vs. INSANITY AT THE TIME OF TRIAL • Insanity at time of commission of crime = exempted. • Sane at time of crime but became insane at time of trial = liable still but trial wil be suspended.
  • 153. Q: Who are civilly liable for acts committed by insane and imbecile? A: The civil liability for acts committed by an imbecile or insane person, and by a person under nine years of age, or by one over nine but under fifteen years of age, who has acted without discernment, shall devolve upon those having such person under their legal authority or control, unless it appears that there was no fault or negligence on their part. Should there be no person having such insane, imbecile or minor under his authority, legal guardianship or control, or if such person be insolvent, said insane, imbecile, or minor shall respond with their own property, excepting property exempt from execution, in accordance with the civil law.
  • 154. DISCERNMENT, DEFINED Discernment- the mental capacity of a minor to distinguish between right from wrong and to fully appreciate the consequences of his felonious acts. It may be shown by: –manner of committing the crime; –conduct of the offender.
  • 155. PERIODS OF HUMAN LIVES AGE OF ABSOLUTE CRIMINAL IRRESPONSIS BILITY AGE OF ABSOLUTE CRIMINAL RESPONSIBILIT Y AGE OF MITIGATED CRIMINAL RESPONSIBILI TY AGE OF CONDITIONAL CRIMINAL RESPONSIBILI TY Below 15 years old and exactly 15 years old 18 years old and above or 18 years old to 70 years old •Over 70 years old •15 years old and 1 day to 17 years old who acted with discernment 15 years old and 1 day to 17 years old.
  • 156. REPUBLIC ACT 9344- AN ACT ESTABLISHING A COMPREHENSIVE JUVENILE JUSTICE AND WELFARE SYSTEM (Juvenile Justice and Welfare Act of 2006) • Child in Conflict with the Law- a child who is accused or adjudged of having committed an offense. • Initial contact with the child- refers to the apprehension of a child in conflict with the law by officers or private citizens. • Status Offense- offenses which discriminate only against a child while an adult does not suffer any penalty for committing similar acts. Examples are: curfew violations, truancy, parental disobedience.
  • 157. REPUBLIC ACT 9344- AN ACT ESTABLISHING A COMPREHENSIVE JUVENILE JUSTICE AND WELFARE SYSTEM (Juvenile Justice and Welfare Act of 2006) • Section 6 RA 9344 says: A child 15 years of age or under at the time of the commission • of the offense shall be exempt from criminal liability. • A child above 15 years but below 18 shall likewise be exempt from criminal liability and be subjected to intervention program unless he has acted with discernment. • Section 58 of the same law says: Persons below 18 years of age shall be exempt from prosecution for the crime of vagrancy and prostitution, of mendicancy under PD 1563 and sniffing of rugby under PD 1619.
  • 158. ACCIDENT REQUISITES 1. A person performs a lawful act; 2. With due care; 3. He causes an injury to another; 4. Without fault or intention of causing it.
  • 160. IRRESISTIBLE FORCE Irresistible force- a force which produces such an effect upon an individual that, in spite of all resistance, it reduces him to a mere instrument and as such incapable of committing a crime (as a result he is exempted from criminal liability).
  • 161. Requisites of Irresistible Force 1. Compulsion is by means of physical force 2. Physical force is irresistible 3. Physical force must come from a third person
  • 162. REQUISITES OF UNCONTROLLABLE FEAR 1. The threat which causes the fear is of an evil greater or at least equal to that which he is required to commit; 2. The threat promises an evil of such gravity and imminence that an ordinary man would have succumbed to it.
  • 163. UNCONTROLLABLE FEAR The exempting circumstance of uncontrollable fear presupposes that the accused is compelled by means of threat or intimidation by a third person to commit a crime (as a result he is exempted from criminal liability).
  • 164. LAWFUL OR INSUPERABLE CAUSE This refers to some motive which has lawfully, morally, or physically prevented one to do what the law commands (as a result he is exempted from criminal liability).
  • 165. ABSOLUTORY CAUSES, DEFINED Those where the act of a person is technically a crime, but because of public policy, there is no penalty imposed.
  • 166. ENUMERATION OF ABSOLUTORY CAUSES UNDER THE RPC 1. Art 247. Death or physical injuries under exceptional circumstances 2. Art. 280 (3) trespass 3. Art. 332. Persons exempt from criminal liability 4. Art. 20. Accessories exempted 5. Art. 6 on spontaneous desistance 6. Instigation – one which takes place when a peace officer induces a person to commit a crime. Without the inducement, the crime would not be committed. It exempts one from criminal liability.
  • 167. ENTRAPMENT vs. INSTIGATION ENTRAPMENT INSTIGATION 1. Ways and means are resorted to for the purpose of trapping and capturing the lawbreaker in the execution of his plans Here, the police practically induces the accused into the commission of the offense and he himself becomes a co principal in the crime. 2. The intent to violate the law originated from the accused himself. 2. The intent to violate the law did not originate from the accused as he was induced only by the police to perform a criminal act. 3. Not an absolutory cause hence does not exempt from criminal liability An absolutory cause that exempts one from criminal liability
  • 168. MITIGATING CIRCUMSTANCES Mitigating circumstances-those which if present in the commission of a crime, do not entirely free the actor from criminal liability but reduces only the penalty.
  • 169. ENUMERATE THE MITIGATING CIRCUMSTANCES 1. Incomplete justifying or exempting circumstance 2. Under 18 3. No intention to commit so grave a wrong (praeter intentionem) 4. Sufficient provocation or threat 5. Vindication of a grave offense 6. Passion or obfuscation 7. Voluntary surrender/ voluntary confession of guilt 8. Deaf, dumb, blind and other physical defects 9. Illnesses which diminish will power 10. Analogous circumstances.
  • 170. 1. Those mentioned in the preceding chapter, when all the requisites necessary to justify or to exempt from criminal liability in the respective cases are not attendant. Incomplete Justifying or incomplete exempting circumsatnces.
  • 171. 2. That the offender is under eighteen year of age or over seventy years. In the case of the minor, he shall be proceeded against in accordance with the provisions of Art. 80. (Correlate with RA 9344) Minority (under 18 years old)
  • 172. 3. That the offender had no intention to commit so grave a wrong as that committed. PRAETER INTENTIONEM
  • 173. 4. That sufficient provocation or threat on the part of the offended party immediately preceded the act. SUFFICIENT PROVOCATION OR THREAT
  • 174. 5. That the act was committed in the immediate vindication of a grave offense to the one committing the felony (delito), his spouse, ascendants, or relatives by affinity within the same degrees. VINDICATION OF GRAVE OFFENSE
  • 175. 6. That of having acted upon an impulse so powerful as naturally to have produced passion or obfuscation. PASSION OR OBFUSCATION
  • 176. 7. That the offender had voluntarily surrendered himself to a person in authority or his agents, or that he had voluntarily confessed his guilt before the court prior to the presentation of the evidence for the prosecution; VOLUNTARY SURRENDER OR VOLUNTARY CONFESSION OF GUILT
  • 177. 8. That the offender is deaf and dumb, blind or otherwise suffering some physical defect which thus restricts his means of action, defense, or communications with his fellow beings. PHYSICAL HANDICAP OR DEFECTS
  • 178. 9. Such illness of the offender as would diminish the exercise of the will-power of the offender without however depriving him of the consciousness of his acts. ILLNESS THAT DIMINISHED WILL POWER
  • 179. 10. And, finally, any other circumstances of a similar nature and analogous to those above mentioned. ANALOGOUS CIRCUMSTANCES
  • 180. PROVOCATION vs. VINDICATION PROVOCATION VINDICATION 1. Provocation is made only to the person committing the. In provocation, the provocation or threat must immediately preceded the act In vindication, the grave offense may be committed against the spouse, the ascendants, descendants, brothers or sisters or relatives by affinity within the same degree of the offender. 2. In provocation the provocation need not be grave 2. In vindication, the offended party must have done a grave offense to the offender or his relatives 3. In provocation, the provocation or threat must immediately preceded the act 3. In vindication, the vindication of the grave offense may be proximate, which admits of interval of time between the commission of the grave offense and the commission of the crime by the accused
  • 181. PASSION OR OBFUSCATION REQUISITES 1. There is an act unlawful and sufficient to produce passion or obfuscation; 2. The act which produced such emotion must not be far removed from the commission of the crime, during which the accused might recover his normal equanimity
  • 182. VOLUNTARY SURRENDER • Voluntary surrender must be made to a person in authority or his agents • A surrender is voluntary when it is spontaneous in such a manner that it shows the interest of the accused to surrender voluntarily to the authorities either because he acknowledges his guilt or wishes to save the authorities the expenses incurred in his search.
  • 183. VOLUNTARY CONFESSION OF GUILT/PLEA OF GUILTY REQUISITES 1. It must be made in open court 2. It must be made prior to the presentation of evidence of the prosecution
  • 184. EXTENUATING CIRCUMSATNCES • Extenuating circumstances has the effect of reducing criminal liability. Almost similar to mitigating circumstances, found in Book Two of the RPC. • Examples: concealment of dihonor by mother in infanticide and abortion, abandonment by husband in adultery.
  • 185. AGGRAVATING CIRCUMSTANCES Aggravating Circumstances- are those which if attendant in the commission of the offense, would serve to increase the penalty.
  • 186. THE 21 AGGRAVATING CIRCUMSATNCES 1. Advantage of public position 2. In contempt or with insult to public authorities 3. Disrespect on the rank, age or sex of the offended party; the crime is committed in the dwelling of offended party 4. Abuse of confidence or obvious ungratefulness 5. Palace of the Chief Executive, or in his presence, or place where authorities discharge their duties, or place of religious worship 6. Nightime, uninhabited place, band 7. On occasion of conflagration, shipwreck etc. 8. Aid of armed men 9. Recidivist 10. Reiteration 11. Price, reward or promise 12. Inundation, fire, poison, etc 13. Evident Premiditation 14. Craft, fraud or Disguise 15. Superior strength or means to weaken defense 16 Treachery 17. Ignominy 18. Unlawful entry 19. Wall, roof, floor be broken 20. Aid of persons under 15, motor vehicle 21. Cruelty
  • 187. 1. That advantage be taken by the offender of his public position Taking advantage of public position
  • 188. 2. That the crime be committed in contempt or with insult to the public authorities. Contempt of authorities
  • 189. 3. That the act be committed with insult or in disregard of the respect due the offended party on account of his rank, age, or sex, or that is be committed in the dwelling of the offended party, if the latter has not given provocation. Disregard of rank, age, sex and dwelling of victim
  • 190. 4. That the act be committed with abuse of confidence or obvious ungratefulness. Abuse of confidence or obvious ungratefulness
  • 191. 5. That the crime be committed in the palace of the Chief Executive or in his presence, or where public authorities are engaged in the discharge of their duties, or in a place dedicated to religious worship. Palace of President, public places or those dedicated to worship
  • 192. 6. That the crime be committed in the night time, or in an uninhabited place, or by a band, whenever such circumstances may facilitate the commission of the offense. Night time, uninhabited place and band
  • 193. 7. That the crime be committed on the occasion of a conflagration, shipwreck, earthquake, epidemic or other calamity or misfortune. Taking advantage of calamity, disaster.
  • 194. 8. That the crime be committed with the aid of armed men or persons who insure or afford impunity. Aid of armed men
  • 195. 9. That the accused is a recidivist. Recidivism
  • 196. 10. That the offender has been previously punished by an offense to which the law attaches an equal or greater penalty or for two or more crimes to which it attaches a lighter penalty. Reiteracion or habituality
  • 197. 11. That the crime be committed in consideration of a price, reward, or promise. Price, reward, promise
  • 198. 12. That the crime be committed by means of inundation, fire, poison, explosion, stranding of a vessel or international damage thereto, derailment of a locomotive, or by the use of any other artifice involving great waste and ruin. Fire, poison, and other great wastes and ruins.
  • 199. 13. That the act be committed with evidence premeditation. Evident premeditation
  • 200. 14. That the craft, fraud or disguise be employed. Craft, fraud, disguise
  • 201. 15. That advantage be taken of superior strength, or means be employed to weaken the defense. Advantage of superior strength, weakening of defense.
  • 202. 16. That the act be committed with treachery (alevosia). Treachery or alevosia
  • 203. 17. That means be employed or circumstances brought about which add ignominy to the natural effects of the act. Ignominy
  • 204. 18. That the crime be committed after an unlawful entry. Unlawful entry
  • 205. 19. That as a means to the commission of the crime a wall, roof, floor, door, or window be broken Broken wall, roof, floor, or window.
  • 206. That the crime be committed with the aid of persons under fifteen years of age or by means of motor vehicles, motorized watercraft, airships, or other similar means. Help of person under age, motor vehicle
  • 207. . That the wrong done in the commission of the crime be deliberately augmented by causing other wrong not necessary for its commissions Cruelty
  • 208. NIGHTTIME, DEFINED NIGHTIME- that period of darkness beginning at end of dusk and ending at dawn..
  • 209. UNINHABITED PLACE UNINHABITED PLACE- one where there are no houses or where the houses are scattered at a great distance from each other
  • 210. BAND, DEFINED BAND- whenever more than three armed malefactors shall have acted together in the commission of an offense, it shall be deemed to have been committed by a band.
  • 211. Q: When is nightime, uninhabited place and band aggravating? A: 1. When the offender took advantage thereof for the purpose of impunity 2. When specially sought for by the offender to insure the commission of the crime 3. When it facilitated the commission of the crime.
  • 212. AID OF PERSONS WH INSURE OR AFFORD IMPUNITY Q: Robber X and Robber Y robbed a certain village upon the assurance of the baranggay tanod that they would not patrol the village on that night. What aggravating circumsatnce is present? A: Aid of persons who insure impunity
  • 213. RECIDIVIST, DEFINED RECIDIVIST- one who at the time of his trial for one crime, shall have been previously convicted by final judgment of another crime embraced in the same title of the Revised Penal Code.
  • 214. WHAT IS REITERACION OR HABITUALITY? He is an offender who HAS BEEEN PREVIOUSLY PUNISHED FOR: 1. An offense to which the law attaches an equal or greater penalty or 2. For two or more crimes to which it attaches a lighter penalty
  • 215. 4 REPETITIOUS OFFENDERS RECIDIVIST REITERACION OR HABITUALITY HABITUAL DELINQUENT QUASI RECIDIVIST/M ULTI RECIDIVIST one who at the time of his trial for one crime, shall have been previously convicted by final judgment of another crime embraced in the same title of the Revised Penal Code. He is an offender who HAS BEEEN PREVIOUSLY PUNISHED FOR: An offense to which the law attaches an equal or greater penalty or For two or more crimes to which it attaches a lighter penalty Within ten yeARS THE ACUSED IS CONVICTED OF ROBO, HURTO, ESTAFA, FALSIFICATION, PHYSICAL INJURY FOR THE THIRD TIME. A PERSON AFTER HAVING BEEN CONVICTED SHALL COMMIT ANOTHER FELONY WHILE SERVING HIS SENTENCE
  • 216. EVIDENT PREMEDITATION EVIDENT PREMEDITATION- it involves a determination to commit the crime prior to the moment of its execution and also to carry out the criminal intent which must be the result of deliberate, calculated and reflective thoughts through a period of time sufficient to dispassionately consider and accept the consequences thereof, thus indicating greater perversity
  • 217. Q: What is the essence of evident premeditation? A: The essence of evident premeditation is that the execution of the criminal act must be preceded by cool thought and reflection upon the resolution to carry out the criminal intent during the space of time sufficient to arrive at a calm judgment.
  • 218. Q: What are the requisites of evident premeditation? A: 1. The time when the offender determined to commit the crime; 2. An act manifestly indicating that the culprit has clung to his determination; 3. A sufficient lapse of time between the determination and execution, to allow him to reflect upon the consequences of his act and to allow his conscience to overcome the resolution of his will.
  • 219. NOTE: • The latest ruling is that premeditation is not aggravating when the victim is different from that intended • However, if it is shown that the conspirators wee determined to kill not only the intended victim but also anyone who may help put a violent resistance, then evident premeditation will be appreciated.
  • 220. CRAFT, DEFINED CRAFT- is a circumstance characterized by trickery or cunning resorted to by the accused, to carry out his design. It is the use of intellectual trickery and cunning on the part of the accused.
  • 221. FRAUD, DEFINED FRAUD- insidious words or machinations used to induce the victim to act in a manner which would enable the offender to carry out his design.
  • 222. DISGUISE, DEFINED • DISGUISE- it involves the deliberate effort of the accused to conceal his identity in the commission of the crime.
  • 223. TREACHERY OR ALEVOSIA There is treachery when the offender commits any of the crimes against the person, employing means, methods or forms in the execution thereof which tend directly and specially to insure its execution, without risk to himself arising from the defense which the offended party might make.
  • 224. Note: The killing of a minor who, because of their tender age, could not be expected to put up a defense, is considered attended with treachery even if the manner of the attack is not shown. The killing is hence, qualified to murder. Also treachery may also be appreciated in the crime of robbery with homicide although this complex crime is predominantly a crime against property.
  • 225. IGNOMINY, DEFINED • IGNOMINY- is a circumstance pertaining to the moral order, which adds disgrace and obloquy to the material injury caused by the crime. It is a circumstance that tends to make the effects of the crime more humiliating, thus adding to the victim’s moral sufferings.
  • 226. UNLAWFUL ENTRY, DEFINED UNLAWFUL ENTRY- there is unlawful entry when an entrance is affected by a way not intended for the purpose.
  • 227. CRUELTY, DEFINED CRUELTY- a circumstance whereby the offender enjoys and delights in making his victim suffer slowly and gradually, causing him unnecessary physical pain in the consummation of his criminal act
  • 228. OTHER AGGRAVATING UNDER SPECIAL LAWS • Under RA 8294 6 July 1997, the use of unlicensed firearm merely becomes an aggravating circumstance if murder or homicide was committed with the use thereof. But if the unlicensed firearm is used in the commission of any crime there can be no separate offense of illegal possession of firearm. • RA 10591, Comprehensive Firearms and Ammunitions Regulations Act • See also RA 9165.
  • 229. FOUR KINDS OF AGGRAVATING CIRCUMSTANCE – Generic- generally applies to all crimes. – Inherent- that must necessarily accompany the commission of a crime – Qualifying- that which changes the nature of the crime – Specific- Those that apply only to a particular crime.
  • 230. ALTERNATIVE CIRCUMSTANCES Art. 15. Their concept (DEFINED). — Alternative circumstances are those which must be taken into consideration as aggravating or mitigating according to the nature and effects of the crime and the other conditions attending its commission.
  • 231. ALTERNATIVE CIRCUMSTANCES They are the: 1. Relationship 2. Intoxication and the 3. Degree of instruction and education of the offender.
  • 232. The alternative circumstance of relationship shall be taken into consideration when the offended party in the spouse, ascendant, descendant, legitimate, natural, or adopted brother or sister, or relative by affinity in the same degrees of the offender.
  • 233. INTOXICATION, WHEN MITIGATING The intoxication of the offender shall be taken into consideration as a mitigating circumstances when the offender has committed a felony in a state of intoxication, if the same is not habitual or subsequent to the plan to commit said.
  • 234. INTOXICATION, WHEN AGGRAVATING Intoxication is aggravating when the intoxication is habitual or intentional, it shall be considered as an aggravating circumstance
  • 235. PERSONS CRIMINALLY LIABLE FOR FELONIES Art. 16. Who are criminally liable. — The following are criminally liable for grave and less grave felonies: 1. Principals. 2. Accomplices. 3. Accessories. The following are criminally liable for light felonies: 1. Principals 2. Accomplices.
  • 236. Art. 17. Principals. — The following are considered principals: 1. Those who take a direct part in the execution of the act; 2. Those who directly force or induce others to commit it; 3. Those who cooperate in the commission of the offense by another act without which it would not have been accomplished.
  • 237. THREE CLASSIFICATIONS OF PRINCIPALS • Those who take a direct part in the execution of the act. (PRINCIPAL BY DIRECT PARTICIPATION) • Those who directly forced or induced others to commit it. (PRINCIPAL BY INDUCEMENT OR INDUCTION) • Those who cooperate in the commission of the offense by another act without which it would not have been accomplished (PRINCIPAL BY INDISPENSABLE COOPERATION)
  • 238. COLLECTIVE CRIMINAL RESPONSIBILITY When the offenders are liable in the same manner and the same extent.
  • 239. INDIVIDUAL CRIMINAL RESPONSIBILITY Here some are principals, some are accomplices others may be accessories.
  • 240. ACCOMPLICES Art. 18. Accomplices. — Accomplices are those persons who, not being included in Art. 17, cooperate in the execution of the offense by previous or simultaneous acts
  • 241. ACCESSORIES, DEFINED Art. 19. Accessories. — Accessories are those who, having knowledge of the commission of the crime, and without having participated therein, either as principals or accomplices, take part subsequent to its commission in any of the following manners: 1. By profiting themselves or assisting the offender to profit by the effects of the crime. 2. By concealing or destroying the body of the crime, or the effects or instruments thereof, in order to prevent its discovery. 3. (FOR PUBLIC OFFICIALS ONLY ) By harboring, concealing, or assisting in the escape of the principals of the crime, provided the accessory acts with abuse of his public functions OR (FOR PRIVATE PERSONS ALSO) whenever the author of the crime is guilty of treason, parricide, murder, or an attempt to take the life of the Chief Executive, or is known to be habitually guilty of some other crime.
  • 242. ACCESSORIES BUT EXEMPTED FROM CRIMINAL LIABILITY Art. 20. Accessories who are exempt from criminal liability. — The penalties prescribed for accessories shall not be imposed upon those who are such with respect to their spouses, ascendants, descendants, legitimate, natural, and adopted brothers and sisters, or relatives by affinity within the same degrees, with the single exception of accessories falling within the provisions of paragraph 1 of the next preceding article.
  • 243. WHO ARE THE ACCESSORIES WHO ARE EXEMPT FROM CRIMINAL LIABILTY? The spouse, ascendants, descendants, brothers and sisters or relatives by affinity within the same degree. (Note: Except paragraph one)
  • 244. PD 1829 Committed by any person who knowingly or willfully obstructs, impedes, frustrates or delays the apprehension of suspects and the investigation and prosecution of criminal cases by committing any of the following acts: (a) preventing witnesses from testifying in any criminal proceeding or from reporting the commission of any offense or the identity of any offender/s by means of bribery, misrepresentation, deceit, intimidation, force or threats; (b) altering, destroying, suppressing or concealing any paper, record, document, or object, with intent to impair its verity, authenticity, legibility, availability, or admissibility as evidence in any investigation of or official proceedings in, criminal cases, or to be used in the investigation of, or official proceedings in, criminal cases; (c) harboring or concealing, or facilitating the escape of, any person he knows, or has reasonable ground to believe or suspect, has committed any offense under existing penal laws in order to prevent his arrest prosecution and conviction; (d) publicly using a fictitious name for the purpose of concealing a crime, evading prosecution or the execution of a judgment, or concealing his true name and other personal circumstances for the same purpose or purposes; (e) delaying the prosecution of criminal cases by obstructing the service of process or court orders or disturbing proceedings in the fiscal's offices, in Tanodbayan, or in the courts; (f) making, presenting or using any record, document, paper or object with knowledge of its falsity and with intent to affect the course or outcome of the investigation of, or official proceedings in, criminal cases;
  • 245. (g) soliciting, accepting, or agreeing to accept any benefit in consideration of abstaining from, discounting, or impeding the prosecution of a criminal offender; (h) threatening directly or indirectly another with the infliction of any wrong upon his person, honor or property or that of any immediate member or members of his family in order to prevent such person from appearing in the investigation of, or official proceedings in, criminal cases, or imposing a condition, whether lawful or unlawful, in order to prevent a person from appearing in the investigation of or in official proceedings in, criminal cases; (i) giving of false or fabricated information to mislead or prevent the law enforcement agencies from apprehending the offender or from protecting the life or property of the victim; or fabricating information from the data gathered in confidence by investigating authorities for purposes of background information and not for publication and publishing or disseminating the same to mislead the investigator or to the court.
  • 246. PENALTY, DEFINED • Penalty- is the suffering inflicted by the State for the transgression of the law.
  • 247. JURIDICAL CONDITIONS OF PENALTY • Must be commensurate with the offense- different crimes have different penalties under the law. • Must be personal- A person should be held accountable for his own actions. No person should be punished for the crime of another • Certain- No person must escape the penalty. • Legal- The penalty must be in accordance with the law
  • 248. JUSTIFICATION FOR THE IMPOSITION OF PENALTY • Exemplarity- to serve as an example to others and deter them from emulating the criminal. • Justice- Criminal is punished as an act of retributive justice. • Prevention- To suppress or prevent the danger to the State of the acts of the criminal. • Reformation- Under the modern concept of correction the criminal is punished in order to rehabilitate or reform him. • Self Defense- To protect the society against the threats and actions of the criminals.
  • 249. UTILATARIAN THEORY/PROTECTIVE THEORY The primary function of punishment is the protection of society against actual and potential wrongdoers.
  • 250. LIFE IMPRISONMENT vs. RECLUSION PERPETUA LIFE IMPRISONMENT RECLUSION PERPETUA 1. does not have specific duration. 1. Has a specific duration 2. Imposed for violations of special laws 2. Imposable generally for violations of the Revised Penal Code. 3. Does not have accessory penalties. 3. Has accessory penalties.
  • 251. Q: What penalty may be imposed by the state? (Prospective character) A: No felony shall be punishable by any penalty not prescribed by law prior to its commission (Art.21)
  • 252. Q: When may penal laws have retroactive effects? A: Penal laws shall have retroactive effect in so far as they favor the person guilty of a felony, who is not a habitual criminal (art. 22)
  • 253. Q: What is the effect of pardon by the offended party? A: A pardon by the offended party does not extinguish criminal action except as provided in article 344. But civil liability with regard to the interest of the injured party is extinguished by his express waiver (Art.23)
  • 254. Measures of prevention or safety which are nor considered penalties The following shall not be considered as penalties: 1. The arrest and temporary detention of accused persons, as well as their detention by reason of insanity or imbecility, or illness requiring their confinement in a hospital. 2. The commitment of a minor to any of the institutions mentioned in Article 80 and for the purposes specified therein. 3. Suspension from the employment of public office during the trial or in order to institute proceedings. 4. Fines and other corrective measures which, in the exercise of their administrative disciplinary powers, superior officials may impose upon their subordinates. 5. Deprivation of rights and the reparations which the civil laws may establish in penal form.
  • 255. Q: When is fine afflictive, correctional or light in character? A: 1. It is afflictive if it exceeds P6000. 2. It is correctional if it does not exceed P6000 but is not less than P200 3. It is light if it is less than P200.
  • 256. PREVENTIVE IMPRISONMENT Q: Explain the concept of preventive imprisonment. A: Offenders or accused who have undergone preventive imprisonment shall be credited in the service of their sentence consisting of deprivation of liberty, with the full time during which they have undergone preventive imprisonment if the detention prisoner agrees voluntarily in writing to abide by the same disciplinary rules imposed upon convicted prisoners. Except: • when they are recidivist, or have been convicted previously twice or more times of any crime; • when upon being summoned for the execution of their sentence they failed to surrender voluntarily.(Article 29)
  • 257. WHEN IS THE ACCUSED PLACED UNDER PREVENTIVE IMPRISONMENT? -An accused undergoes preventive imprisonment when the offense charged is non bailable or even if bailable he cannot furnish the required bail. Now if an accused does not agree to abide by the same disciplinary rules imposed upon convicted prisoners, he shall be credited in the service of his sentence with 4/5 of the time during which he has undergone preventive imprisonment.
  • 258. RA 10152 (May 2013) "ART. 29. Period of preventive imprisonment deducted from term of imprisonment. – Offenders or accused who have undergone preventive imprisonment shall be credited in the service of their sentence consisting of deprivation of liberty, with the full time during which they have undergone preventive imprisonment if the detention prisoner agrees voluntarily in writing after being informed of the effects thereof and with the assistance of counsel to abide by the same disciplinary rules imposed upon convicted prisoners, except in the following cases: "1. When they are recidivists, or have been convicted previously twice or more times of any crime; and "2. When upon being summoned for the execution of their sentence they have failed to surrender voluntarily.
  • 259. RA 10152 "If the detention prisoner does not agree to abide by the same disciplinary rules imposed upon convicted prisoners, he shall do so in writing with the assistance of a counsel and shall be credited in the service of his sentence with four-fifths of the time during which he has undergone preventive imprisonment. "Credit for preventive imprisonment for the penalty of reclusion perpetua shall be deducted from thirty (30) years.
  • 260. RA 10152 "Whenever an accused has undergone preventive imprisonment for a period equal to the possible maximum imprisonment of the offense charged to which he may be sentenced and his case is not yet terminated, he shall be released immediately without prejudice to the continuation of the trial thereof or the proceeding on appeal, if the same is under review. Computation of preventive imprisonment for purposes of immediate release under this paragraph shall be the actual period of detention with good conduct time allowance: Provided, however, That if the accused is absent without justifiable cause at any stage of the trial, the court may motu proprio order the rearrest of the accused: Provided, finally, That recidivists, habitual delinquents, escapees and persons charged with heinous crimes are excluded from the coverage of this Act. In case the maximum penalty to which the accused may be sentenced is destierro, he shall be released after thirty (30) days of preventive imprisonment."
  • 261. CIVIL INTERDICTION Q: What is civil interdiction? A: It is an accessory penalty which has the effects of depriving the offender during the time of his sentence of the rights of parental authority, or guardianship, either as to the person or property of any ward, of marital authority, of the right to manage his property, and of the right to dispose of such property by any act or any conveyance inter vivos.
  • 262. BOND TO KEEP THE PEACE Q: What is bond to keep the peace? A: It is an accessory penalty which has the effect of requiring the person sentenced to it to present two sureties who shall undertake that such person will not commit the offense sought to be prevented, and in case such offense be committed they will pay the amount determined by the court in its judgment, or otherwise to deposit such amount in the office of the clerk of court to guarantee said undertaking. If the person sentenced fail to give the bond as required he shall be detained for a period not exceeding six months if he shall have been prosecuted for grave or less grave felony, and shall not exceed thirty days, if for a light felony.
  • 263. EFFECT OF PRESIDENTIAL PARDON Q: What is the effect of pardon (by the President)? A: A pardon shall not work the restoration of the right to hold public office, or the right of suffrage, unless such rights be expressly restored by the terms of the pardon. It shall also not exempt the culprit from the payment of the civil liability imposed upon him by the sentence.
  • 264. PARDON, DEFINED • Pardon- is an act of grace proceeding from the power entrusted with the execution of the laws which exempts the individual on whom it is bestowed from the punishment the law inflicts for the crime he has committed. A pardon may either be a conditional or absolute.
  • 265. LIMITATIONS ON THE PARDONING POWER OF THE PRESIDENT • Pardon can be exercised only after conviction; • This power cannot be extended to cases of impeachment • No pardon involving violations of elections laws, shall be granted without the favorable recommendation of the Comelec.
  • 266. PARDON OF THE PRESIDENT vs. PARDON BY THE PRIVATE OFFENDED PARTY PARDON BY PRESIDENT PARDON BY VICTIM 1. Extinguishes criminal liability 1. Does not extinguish criminal liability 2. Does not extinguish civil liability 2. Extinguishes civil liability 3. Must be given after conviction by final judgment 3. In cases where pardon is allowed it must be given prior to the institution of criminal action against the accused.
  • 267. PECUNIARY LIABILITY ENUMERATE THE PROPER ORDER OF PAYMENT OF THE PECUNIARY LIABILITIES OF THE OFFENDER: • Reparation of the damage caused • Indemnification of consequential damages • The fine • Cost of the proceedings (Art.38)
  • 268. SUBSIDIARY IMPRISONMENT Q: What is subsidiary imprisonment/penalty? A: It is a personal liability to be suffered by the convict who has no property to pay the fine at the rate of one day for each eight pesos. (Art. 39)
  • 269. RULES TO BE OBSERVED IN SUBSIDIARY IMPRISONMENT • When the principal penalty is higher than prision correctional no subsidiary imprisonment shall be impose. • If the principal penalty be prison correctional or arresto and fine, his subsidiary imprisonment shall not exceed 1/3 of the term of the sentence, and in no case shall it continue for more than one year • When the principal penalty is only fine, subsidiary imprisonment shall not exceed six months, if the offender is prosecuted for grave or less grave felonies, and shall not exceed 15 days if for a light felony. • The subsidiary penalty which he may have suffered shall not relieve him from the fine in case his financial circumstances should improve. (Art.39)
  • 270. RA 10159 Art. 39. Subsidiary Penalty. – If the convict has no property with which to meet the fine mentioned in paragraph 3 of the next preceding article, he shall be subject to a subsidiary personal liability at the rate of one day for each amount equivalent to the highest minimum wage rate prevailing in the Philippines at the time of the rendition of judgment of conviction by the trial court
  • 271. COSTS Cost; What are included. - Costs shall include fees and indemnities in the course of the judicial proceedings, whether they be fixed or unalterable amounts previously determined by law or regulations in force, or amounts not subject to schedule (37). Costs, defined – costs are expenses of litigations.
  • 272. Q: What is to be done to the proceeds or instrument of a crime? A: Every penalty imposed for the commission of a felony shall carry with it the forfeiture of the proceeds of the crime and the instruments or tools with which it was committed. They shall be forfeited in favor of the Government, unless they be the property of a third person not liable for the offense, but those articles which are not subject of lawful commerce shall be destroyed. (Art.45)
  • 273. Article 46. Penalty to be imposed upon principals in general. - The penalty prescribed by law for the commission of a felony shall be imposed upon the principals in the commission of such felony. Whenever the law prescribes a penalty for a felony is general terms, it shall be understood as applicable to the consummated felony.
  • 274. EXAMPLE: Article 249. Homicide. - Any person who, shall kill another without the attendance of any of the circumstances enumerated in the next preceding article, shall be deemed guilty of homicide and be punished by reclusion temporal.
  • 275. Article 280. Qualified trespass to dwelling. - Any private person who shall enter the dwelling of another against the latter's will shall be punished by arresto mayor
  • 276. Article 47. In what cases the death penalty shall not be imposed. - 1. When the guilty person is less than 18 years old or the guilty person be more than seventy years of age. 2. When upon appeal or revision of the case by the Supreme court, all the members thereof are not unanimous in their voting as to the propriety of the imposition of the death penalty., in which case the penalty shall be reclusion perpetua.
  • 277. COMPLEX CRIME, DEFINED Q: What is a complex crime? A: There is a complex crime when a single act constitutes two or more grave or less grave felonies, or when an offense is a necessary means for committing the other. (In which case the penalty for the most serious crime shall be imposed in its maximum period-Art 48)
  • 278. TWO KINDS OF COMPLEX CRIMES 1. When a single act constitutes two or more grave or less grave felonies- (compound crime or delito compuesto) 2. When an offense is a necessary means of committing the other- (complex crime proper or delito complejo)
  • 279. EXAMPLES COMPUND CRIME 1. Complex crime of rape with less serious physical injuries (but not rape with slight physical injuries). 2. Complex crime of direct assault with serious physical injuries. 3. Complex crime of double murder
  • 280. EXAMPLES COMPLEX CRIME PROPER 1. Malversation through falsification of public document 2. Kidnapping with murder 3. Simple seduction through usurpation of official functions.
  • 281. COMPOSITE CRIMES/SPECIAL COMPLEX CRIMES Where the law provides a single penalty for two or more component offenses, the resulting crime is called a special complex crime. Some of the special complex crimes under the Revised Penal Code are: (1) robbery with homicide, (2) robbery with rape, (3) kidnapping with serious physical injuries, (4) kidnapping with murder or homicide, and (5) rape with homicide
  • 282. SEVERAL SHOTS FROM A THOMPSON SUB MACHINE GUN CAUSING DIFFERENT DETHS AND INJURIES , BY SINGLE PRESSING OF THE TRIGGER ARE CONSIDERED SEVERAL ACTS.
  • 283. PLURALITY OF CRIMES Plurality of crimes- consist in the successive execution by one individual of different criminal acts upon which no conviction is yet declared. It could either be: A. formal or ideal plurality of which art. 48 is the best example, that is there is only one criminal liability or B. real or material plurality where there are different crimes in the eyes of the law and in the conscience of the offender. Hence in real or material plurality the offender is punished for each and every offense that he committed.
  • 284. CONTINUING CRIMES Q: What is a continuing/continued/continuous crime? A: It is a single crime, consisting of a series of acts all arising from one criminal resolution. It is a continuous, unlawful act or series of act set on foot by a single impulse and operated by an unintermittent force, however long time it may occupy.
  • 285. DEGREE and PERIOD WHAT IS A DEGREE? – A Degree is one entire penalty as enumerated in Article 71. WHAT IS PERIOD – a period is one of the three equal portions of a divisible penalty, such as minimum, medium and maximum periods.
  • 286. COMPUTATION OF PENALTIES BY GRADUATION OF DEGREE Consum mated Frustrate d Attempte d Principa l 0 1 2 Accomp lice 1 2 3 Access ory 2 3 4
  • 287. Article 71 RPC. Graduated Scale SCALE NO. 1 • Death • Reclusion Perpetua • Reclusion Temporal • Prision Mayor • Prision Correctional • Arresto Mayor • Destierro • Arresto Menor • Public Censure • Fine
  • 288. SCALE NO.2 • Perpetual absolute disqualification • Temporary absolute disqualification • Suspension from public office, the right to vote and be voted for, and the right to follow a profession or calling • Public censure • Fine
  • 289. RULES FOR THE APPLICATION OF PENALTIES WHICH HAVE THREE PERIOD 1. No mitigating and no aggravating – medium period. 2. Only mitigating is present – minimum period 3. Only aggravating is present – maximum period. 4. Both mitigating and aggravating are present – rule on offsetting (article 64).
  • 290. ARTICLE 62 REVISED PENAL CODE • Aggravating circumstances which in themselves constitute a crime especially punishable by law or which are included by law in defining a crime and prescribing the penalty therefore shall not be taken into account for the purpose of increasing the penalty. • When in the commission of a crime advantage was taken by the offender of his public position, the maximum penalty shall be imposed regardless of mitigating circumstances. • The maximum penalty shall be impose if the offense was committed by any person who belongs to an organized/syndicated group. An organized or syndicated group means a group of two or more persons collaborating, confederating, or mutually helping one another for the purpose of gain in the commission of a crime. • Aggravating or mitigating circumstances which arise from the moral attributes of the offender or from his private relations with the offended party, or from any other personal cause, shall serve only to aggravate or mitigate the liability of the principals, accomplices and accessories as to whom such circumstances are attendant. • The circumstances which consist in the material execution of the act, or in the means employed to accomplish it, shall serve to aggravate or mitigate the liability of only those persons who had knowledge of them at the time of the execution of the act or their cooperation therein.
  • 291. RULE 1 Aggravating circumstances which in themselves constitute a crime especially punishable by law or which are included by law in defining a crime and prescribing the penalty therefore shall not be taken into account for the purpose of increasing the penalty
  • 292. EXAMPLE – aggravating circumstance of by means of fire, is not aggravating in arson, because that is the nature of arson. Aggravating circumstance of “use of poison” is not aggravating in murder because that is one of the ways by which murder can be committed.
  • 293. RULE 2 Aggravating or mitigating circumstances which arise from the moral attributes of the offender or from his private relations with the offended party, or from any other personal cause, shall serve only to aggravate or mitigate the liability of the principals, accomplices and accessories as to whom such circumstances are attendant
  • 294. MORAL ATTRIBUTES EXAMPLES – A and B killed C. A acted with treachery but B acted with passion. A is guilty of murder qualified by treachery, while B may only be held guilty of homicide mitigated by passion. Alfonso assisted Bea in killing Chito (husband of Bea). Here Bea is liable for parricide, while Chito is liable for homicide or murder as the case may be.
  • 295. MORAL ATTRIBUTES OTHER EXAMPLES – Bea is the maid of Caloy. Dario, the friend of Bea helped Bea in stealing from Caloy’s house. Bea is laible for qualified theft. Dario is liable for simple theft only.
  • 296. OTHER PERSONAL CAUSE EXAMPLES – A 16 years old together with B, 19 years old and a recidivist killed C. A will get lesser penalty, while B has greater penalty.
  • 297. RULE 3 The circumstances which consist in the material execution of the act, or in the means employed to accomplish it, shall serve to aggravate or mitigate the liability of only those persons who had knowledge of them at the time of the execution of the act or their cooperation therein.
  • 298. EXAMPLES: A ordered B to kill C. Without saying how it should be done. B employed cruelty in killing C. A is only guilty of simple murder, but B is liable for murder aggravated by cruelty.
  • 299. LAST RULES • When in the commission of a crime advantage was taken by the offender of his public position, the maximum penalty shall be imposed regardless of mitigating circumstances. • The maximum penalty shall be impose if the offense was committed by any person who belongs to an organized/syndicated group. An organized or syndicated group means a group of two or more persons collaborating, confederating, or mutually helping one another for the purpose of gain in the commission of a crime.
  • 300. BOARD SYNDICATED ESTAFA, DEFINED - Any person or persons who shall commit estafa or other forms of swindling as defined in Article 315 and 316 of the RPC which is committed by a syndicate consisting of five or more persons formed with the intention of carrying out the unlawful or illegal act, transaction, enterprise or scheme, and the defraudation results in the misappropriation of money contributed by stockholders, or members of rural banks, cooperative, "samahang nayon(s)", or farmers association, or of funds solicited by corporations/associations from the general public (PD 1689).
  • 301. HABITUAL DELINQUENT Q: Who/What is a habitual delinquent? A: A person shall be deemed a habitual delinquent if within a period of ten years from the date of his release or last conviction of the crimes of serious or less serious physical injuries, robo, hurto, estafa, or falsification, he is found guilty of any of said crimes a third time or oftener.
  • 302. RULE ON SIMULTANEOUS SERVICE OF SENTENCE OR PENALTY When the culprit has to serve two or more penalties, he shall serve them simultaneously if the nature of the penalties will permit so, otherwise the order of their respective severity shall be followed so that they maybe executed successively or as nearly as may be possible, should a pardon have been granted as to the penalty first imposed or should they have been carried out (Art. 70).
  • 303. ORDER OF SEVERITY OF PENALTY Q: Enumerate the proper order of severity of penalty from the highest to the lowest. A: 1. Death 2. Reclusion perpetua 3. Reclusion temporal 4. Prision Mayor 5. Prision Correctional 6. Arresto mayor 7. Arresto menor 8. Destierro 9. Perpetual Absolute Disqualification 10. Temporary Absolute Disqualification 11. Suspension from public office, the right to vote and be voted for, profession 12. Public censure
  • 304. 3 FOLD RULE IN SERVICE OF SENTENCE Q: What is the three fold rule in the service of sentence? A: According to this rule, the maximum duration of the convict’s sentence shall not be more than threefold the length of time corresponding to the most severe of the penalties imposed upon him. No other penalty to which he may be held liable shall be inflicted after the sum of those imposed equals the said maximum period. Such maximum period shall in no case exceed forty years.