San Beda College of Law! 2009 CENTRALIZED BAR OPERATIONS CRIMINAL LAW Book Onv Book Two Special Penal LawsSan Beva College of Law 2009 CENTRALIZED BAR OPFRATIONS ADMINISTRATION DEAN VIRGILIO B. JARA VICE DEAN PABLITO A, PEREZ ADVISER, ATTY, MARCIANO G, DELSON 7 EXECUTIVE COMMITTEE HERBERT CALVIN ABUGAN overall chat anu chal seademics operstions MANOLO ADEL SANTOS chair hotel operations GRACE SARAH TRIA vice chalr for operations JUAN CARLOS NUESTEO vice'chale for academics MAE ANGELIE ETANG vice chalr for secretariat KRISTINE AMINABELLEE HIPOS vlee chair for nance EIRENE XIN ACOSTA vice chalr for edp ACE JELLO CONCEPCION dle chair for tosses SUBIECT COMMITTEES BERNADETTE BATHAN paltical aw MARINELLI MARTINEZ labor aw FRANCESCA LOURDES SENGA cil aw CLARIBELLE BAUTISTA taxetion law PATRICK SARMIENTO commercial law ANDREW JOSHUA ALCANTARA criminal law : BADR MOHAMMAD SALENDAB remedial fw MA. MAHARANI LIWAYA SORIA legal ethics end practical exeretesCRIMINAL LAW COMMITTEE SUBJECT CHAIR, ANOREW JOSHUA ALCANTARA ASSISTANT SUBJECT CHAIR KRISTOFFER RYAN TAYHQPON EDP JONATHAN ALLEN BAUTISTA : SUBJECT HEADS JEFF OATINGALING book one NOELRAFACL BUYTON took twin GUIA TOMANENG specisl pon MEMBERS Raoul Benedict Fernandes Cul Palmares Leal Ricaflanca Chrys Anne Aosalejos Sarah Cardona Aaron Mare Saludo Maan Vanessa Doctor Mikhail Maverick Tumacden Alan Marcin Guerrero Hana Eseveta fs Diiver Misador 1 Cecilie Benttez . ‘Ace Gando | Jean Minneth Salabsab ‘Malca Hautes i ‘Charles Romulus Camballza 1 Raymund Jonas Flores : Jezree! Caridad Tagubo Sharty Jane Gaspay Marle Micaela Sta, Ana Jennette Rebino Carlo June Tibayan, Apan Concha Leo Fecalona ADVISERS, JUSTICE ROMEO CALLEIO, SR, JUSTICE ELOY BELLO ATTY JIHAN JACOB,TABLE GF CONTENTS Title. Grimes Aralnst National §-curity and the Law of Nations Tele Hl. Crlines Against the Fundamental Laws of the Stat Titl l Crimes Against Public Order Title IV, Crimms Against Public Interest Title V. Crimes Relative to Opium an¢ other Prohibited Drugs Title VI. Cries Against Public Morals, Vitle Vil, Crimes Committed by Public Officers Tie Vill, Crimes Against Persons Tikie IX. Crimes Against Personal Liberty and Security Title X, Crlmes Against Fronerty Title XL Crimes Agalnst Chastity Titie KIL. Crimes Against the Cll Status of Persons Title Xi. Crimes Against Honor Title XIV. Quasl-Offenses Special Penal Laws 182 ‘This's the Intellectual Property of the San Beda College of Law 2009 Centralized Bar Operations, Unauthorized use and reproduction of this material ls prohibited, *Sau Meda College of Lay MEMORY AIS IN CRIMINAL LAW] £ SCR SOURCES 4. The Rovisad Penal Gode ~ was cieated by {he committee pursuant fo the Administrative led Januery 1, 192; eontaine f the Spanien Penal Code, U! ‘and the 8uprer.e Court ‘of the Philippine before ts or Penal Laws Presidential Decrees issued during Marti Law CRIMINAL LAW — branch of pubite exbatantive law Which defines crimes, treats of thalr riature ‘and provides for thale punisnmant CRIMINAL LAW vs, G7tIMINAL, P 3OCEDURE 4, Substantive 4. Remadial LEGAL MAXIMS 1, Nullui erimen rita poono sina lag ~ there Js no crime when there [s no law that delines ‘and punishes t. 2. Pro reo ~ an 'nterpretation In favor of the accused 3... Actus no faolt reum, nls! mens sit srea ~ the ct cannot be criminal unless the mihd. 1s ‘criminal 4. Actus. 2. Prospective, "| 2, Retroactive; In favor Unless favorable | of the ends of tothe scoused | substantial justice provided that the accused Is not a hbituel delinquent Egp,est meus actus = 3. only comes from | 3.¢an be promulzated the legislative body | by the jedisiery oe uscua7s3 4. Crime = the generis term used tc. refer to a wrongdoing punished either under the RPG or under the soeclal law (Ortega): and act committed or omitted in violation’of @ public {aw forbidding of eoinmanding It Folony ~ a crime punished under the RPC Offense - 8 rime punished under the special law Nilsdomeaner i Acco, 0, 1990, minor infraction of law disciplinary juri€dlction rontecrud on EXECUTIVE conIMTTEE HERSERT CALVIV ABUGAN ver chat rd ehalr senders operons, MNOLO ADEC SATOS ch atl opr ians, GAGE SAAT eu ‘hr for pertlons UAH CAMS NUESTEA vce cit a adene, Ane ANSEUE ETAAG ice cl fraeeretc AISUINE ANNABELLE Hah ew chat for Naan, EREENEXINAACOSTA vie eho for hp, AC RUD OLNCT PION vie el forages canivat uw : 7 [ANDREW JOSHUR PLCANTARA aubjccha KRISTOFTIN IXAN TRSHOPON anabtnt subject ih, ONATIAN AGL:N BAUTISTA edp 2°7 DORTINGALIVS bok ons, NOELRATAEL BUITO V hick tun, QUA TOMANENG sac peal ws Meveas acul Benedict Fernand2x; Lul Palmares? ‘Maan Vanessa Doctor, Mikal cation, Cys ne Rall, Sah Cardona, Aran Mat Sa Marah Temazien, flan Marte Gus acues) Olker Nina, calle beter, Ace Ganda Jenn Chases Rorin Catbatan, yrmund Jona aes, setrel Colas igi, Soery ne Gay, Male eal Sta Ana spate el dh bay, apan Cnacha, lore Aurel ba, Ménber Males, Le Exclonsthem by the railtary law of the-US ‘over US personnel in RP |i, US’ exerclyas exclusive jurisdiction over US personnel with regard to offences relating to the security of the US punishablo-under the law of US, but nat ander tne laws of RP Hi, US shall have primary right te exercise Jurisdiction over. US personnel suoject to the miltary ‘aw fof the US In relation cor 4) Offenses solely against the \._ ptnperty or security of the US or offences solely against the property or person of US personnel; 2) Offenses arising out of any act or migsion done in performance of official duty. + Under the VFA, whether one can be prosecuted oF not, the cizersh'p Is Immaterial, what Is material Is one's connection to tne US mitery. + Ils necessary that ona is a member of the US military ekher as: US millary personnel b. US clvllan personnel connect2d 10 US miltary operation: 1_-2,[2005 CENTRALIZED DAR OPERATIONS + The Philippines cannot refuse the request of the ‘JS for walver of jurisdiction. Generally, the Philippines: has to’ approve the request for walver except if the crime Is of natlonal Importance: t |. thoge crimes defined under RA 7659 (Helnous crimes) Hi, those ¢fimes defined uncer RA 7610 (Child Abuse Cases) li, those crimes defined under RA 9165 (Dangerous crugs cases) 'b, Laws of Proforential Apptteation RA 75 pedallzes acts which would Impair the proper observance by the Republic and its Inhabitants of the immunities, rights, and privieges of — duly-acrredited —_fereign diplomatic representativas in the Philippines. Under RA 75, parsons who are exempt from arrest and Imprisonment and whose properties are exempt from distraint, setzure and attachment are the following: a. Ambassadors b. Public ministers c. Domestic servarits of ambassadors and poblic mnisters UNLESS the verson fs a.citzen or inhabitant ct the Fhiliprines and the writ or process issued against him is founded upon a devi contracted afore he entered upon such service or the -domest’c servant Is not registered with the Department of Foreign [ER oe 7 vines. pualsho 1. OAor’p, "Cave ht | RO. nes me escsne + Worship Rule ~ @ warship of another fot undo ie laws of | jlediction country evel, though docked in tha "Lime us Pr teas,an extension # eamastet pamubatte ort - OECD RIESE tve country. mith ‘ i ‘| under the Jaws of the | US has the exclusive Sairie We PRUE US bur net Under Phi | jutecetion Lowe : i amislan ere AD Oras ore! Thee le conourrent, yl FRRTENELTY Jurisdiction fut the folowlnglce. start R Phiippines Sas the right te Fa Galea ee ea printary, sus sofabbidh doit | Crea | punishable | opacity when lk shaseliors | bet nde Ment to “RE see iy | mo | si traxson S eapionnge |e anata 7 Pfegca ana rinse commiod by @ Cecedors tnd Uc personel epainat the ascurty Sand | RP nas no jurielction Property of the US Bion of persons and Lsione iielan on basis of Ban Beda College of LavoSun Bein College of Bays MEMORY AID IN CRiNAINAL LAW) 3 Ee _MMY AID CAL — Intemational customs, In Criminal Law, it . Whils being pubile officers or ompioyays, 2npties only to persons and In based on ioaly ‘snoud commit an offence in the exercise orconvention of thelr functions, tke: 2. Torritorlat |, Cirect Brbory (Art. 21 |i, Indirect Bribery (Art 241) Guolifies Bribery (Ar. 211-4) Corruption (art, 212) “oud Against “Public Treasury ‘Genoral Puilo: Penal laws of the Philippines ‘re enforceable snly within ks territory, Exceptions: 5 and Similar Offenses (Art 213) VL Possession of Prohibitsd Interest (art EXTRATERRITORIAL CRIMES (Art, 2, RPC) 216) enforcnable even outside Philippine vik Malversation of Publi Funds or torttory against those whe: Property (Aart. 217) 1 vii Failure to Render Accounts (Art, 219) t 8, Should commit an offence while on a Ik, Fallure to Render Aécount Welore : Philpping hip dr nlrehip Leaving the Country (Art, 249) I x Megal Use “of Publlo Funds or | Requisites: Property (Art, 220) 4. The ship or airship must not be within XL Failure to Make Delivery of Public the territorlal jurisdiction oF snother Funde/Property (Avt, 227) > sountry: (it must be in tho high sees) xil, Felsifcation (Ait. 171) 2 The ship ot airship ust be registered In the Philippines, ©, Should commit any of the erimes against * nationel security and the law of astions 5. Should forge or countertelt any coin or gelined In Titla One of Book Two, (Art currency “note of the Philippines or "114-122, RPC) obligations and securities lesued by ‘he Government (Art 163, 166, RPC) + Wien rebelion, coup dietat anu sedition are committed abrowt, tie + Forgery is commited by giving to-a Prilippine courts will not have lreasury or bark note or any Jurisiction because these aro orimes Instrument payable to bearer of to ‘gelnst public order, f order the “appearance of a true genuine document or ty srasing, Exception to the Exceptions: Penal laws substituting, counterfeting or altering, NOT appt'sabla. within of without Philppine t by any means, the figures. letters, terrtory it §0 provided In treaties and iaws of Ly Words or signa contalnad therein, braferantiat application (Art.2, RPC) pee + If forgery was comtnited abrond, It . vo"Y + must refer only 19 Philippine coin, 3. Prospoctive currency note, or aulgetene ‘or 7 For, | secures cone Mo ak on Kara en Neves: rchooie ahd nel + Obligations ané secures af the 3 813, SES and Landbar re net a the government because they Rev separate chore | «Those wo node: the sbunteret itm ere emily lie oven nos vero net ino ont vino eovstae ies the obligations and securities On the other hard, ‘tose who counteifoited tha tema are simioaly solo overs they id net inireduse tho eounterat ten © Should introduce inio the counsy whe above-mentionrd —cbiigallons ard securities4, [2009 CENTRALIZED SAR OPERATIONS, Ex pst facto law ~ a taw that would make & previous act criminat although it was not so at the tine Itwas committed: BiIl of attalndor ~ a legislative act that inflicts punishment without tral, ils essence being the subslltution of legislative fat for a judicial dotarin.nation of gui No person stall bo held to answer for a iilna) offense without due proces: cf ‘aw, (At, Soe, 14/1) + Criminal ‘laws. must be of general pplleation and must cleeMy define ‘he tis and omissions purished as erin It) should not Imprse cruel and unusual punishmient-nor ehould It impose excessive fines ‘Thoorfos In Criminal Low \ | } 2 i 4 i ; Claysieal Thoory 4+ basis of evil fabitty fy numan fre » wit ni tha purpawse of the penalty ratributlon + ensleavored 10 establish a machenical iid direct propaition botwoen crime ne penally, are there is ezant regard to the human element + RPCis generally governed by this theory. Positivist Thoory + basis of criminal liability is the eum of the social, nalural and economic phenomena lo which the actor Is. exposed wherein prevantian and conection are the purpoges of pesralty + This theary Is exemplified ic provisions regarding impossible erie nid habitual calinguency. Eciaetie e¢ Mixod Thoory + combination of positlist and classical thinking whurein crimes thet ere economic end social in nature should be Cealt Ina positive manner, thus, the law Is + coally, the ols hhelnous cilings, wiveraas, the postivist 'e made te work'on eecniomia and social rimes. A /ieinous crime 18 @ grievous, odious and hateful offansa which by Sm Bera College of Law norms of decency and movality in a just, clvilized, and orderly saciaty. 4, Utilterian or Protective Theory + capoused the Idea that the primary funcion of punishment in criminal law Is to protect sodety from the potential and atual wrongdvers, The retributive aspect ‘of penal laws should be directed against them, The law should not Ue applied to further materialism and opportunism, (Magno vs CA, June 26, 1982, Paras J.) APPLICATION OF ITS PROVISIONS Felonies under this Aricte shell be cognizable by tho proper court where the criminal action was first fled, (Section 15{U), Rule 110 of the Rulos of Cour!) Rules on Vessels: 4 Philippine vessel or aircratt + Muss be understood as that which Is registered wht the MARINA (Martime Authority) 2, Forelgn Merchant Vessels Froncl: Ruta (Flag of Natlonallty Rute}: Genoral Rule: Crises committed aboard a easel within the territorial waters of @ country re NOT triable In tho cours of sald county, CEG tas whorls veaneage honed pole ATAecHeT DY Aalto pests fuason af iis Inherent or manifest wickedness, viclousnoss, atrocity. end perversity, Is regarded es seriously ‘oulrageus fo the comnion standards or + Forelgn sel in transit pesseasion us drugs Is notHM leds College of Hams Bunishable, but use of the same is Punishable, + Forsign merchant vessel NUT in transit mere Possession of dangerous druge is punisnabla Becauen it can abady be considered os ‘Meg importation. * In the case of u foreqyn warship, the some is Not subject to territorial tews' for iney a always reputed to he ar. oxtansion of the torttofy of the country fo wich tay belong, Ca ARTICLE 3 FELONIES FELONIES ~ acts or omissions punishable by the Revised Penal Coge (RPC) Elomorits of Folonios (Gerocal}: 4. There must'be en art or omission Le., there must be externot abis, 2, Tae act or omission must 0 punicnabie vy the RPC, + based upon the maxim, *nulum crimen, auile poena sine loge (there is no ers where there Is no law punishing it Act — any bodily imovement tending to Produce some effect in the external world. It ‘must be external as interno! acis are beyond the ephere 0: penal law Omission ~ Inaction, fallure to veriorm @ positive duty, witich one Is buund to do 3 The act ls performed oF thy omission Is Incurred,by means of dolo oF cua, Glasoltication of Felonies According to tho Méana Ly Which They Are Committed: 44° Intentional felonies ~ the ect is partormed or the otnission ig incurred with deliberate Intent f malice to uo an injury MEMORY Ald IN EniNINAL LAW] 5 Requisites of DOLO or MALICE: Freedom + voluntariness on the pan of the Person 19 commit the act or omission * when a person acts without freadom, he Is no Tonger @ humari baing but & tool I there te lack of freedom, the offender Is” ‘exempt trom. lialty o ‘resiative forse or uncon b. Inteltigence capaclty to know and underslend! the corgaquences of one's act + without this power, nacessary to Setomine the morally of human aets, po cine can oxlst 41 there is lack of intcligence, the offender {s exompl trom liablity, (.2, offender is an, imbecile, Insana, or under 13 years of 90) © Intont (Ctirainaly + the parpose to use @ particular means te effact aveh reeuit + Intent to commit an act with mutice, being purely ‘a mental process, Is Presumod, Such, presumption arises om the proof of cuunnilsslon of an Unlawful. act + a mental slate, hence, its existence ts shown by overt acts It there. I tack of intent, the crime is Austiied and tha offender Incurs no criminal iablity. (1.8, existence of a lawtul oF. ing 5 sn GE OF La Ye rout Nad deficiency of action, falture to take the ne&seary precaution io aaa6, [2009 CENTRALIZED GAR OPERATIONS. favo. jury to person 0: damage. to prc perty, Usually involves lack of skill + Roason for Puriishing Ac's of Nogligence: A ran must use common sonse ancl exercise die reflection in all his atts; It Is his duty to be cautious, Careful 376 prudent. Intentional Foiony vs. Culpable Foley Ire [awa gaiberate | alti eau Son Beds College ef Law crisainal intent is rot, as-a rule, necessary, t being sufficient that tha ‘offender has the Intent to perpetrate the act prohibited by the special law. tt |s punishable because the prohibited act Is. 50 injurizus to the public welfare tnat itis the crime Heel, ‘ala in So vs. tala Protibita TRY rere: a ii es TAs 1 [ Wrong from its) Wrong becausu it's otuee very ral nibted by law. 2, As 6 Wee | Goad feith ee] Good faith ts rot @ |, ft good taith | vals defence, | catence, fag adit se | uniass the part of the pereon causing injury to another. “Such person It NOT criminally lable as he acted without erininay intent = A mistake of fact Gastroys the presumption of ciminal Intent whiew arises upon tye commission of a felonious act. MistaFe of fact is NOT oppticable in CULPABLE. felonins, 4 -Roguisites of mistake of fact as a dofenso: 4 That the act done would nave been lawful had the ‘boon as the accused ipoileved therm to be ‘That the Intention of tho accused in performing the act should ba laveful 3. That the mistake must bs without fault or ‘sareieasnese on the part of the aucused, 8, US vs. Ab Chong (15 Phi! 486) = the aonuved had no iterative ut to take the facts as they appeared to fm, end such facts jusiifed his act of kaing his roommate. b, People vs. Oanis (74 Pri 257) - the faccised pallse officers ware at fault when they sho! the escuped convict, who was’: sleeping, —wihout ft ascertaining his Idenily Maia prohibita = (he thie class of etines) | punlnabie by SPECIAL LAWS and Where eine ‘ | Intent Unintentional alng _ fasut of cule | Ishient of ansthar TAP We [lant ie av CART TAT] | act perfounes of ent bs | elena trate, ft eee __-.. | wllhost mace anelement | | [OOS “tention Ye 3.""Wronatal “et Seplan Ptr teeleotonnielltiareene | | cause an injury eee accomptsh- | nt af the eeme [when kt | 0 mont ot the | is iaken Inc | Sonsummates | negligence,’ lack of ee teaunt in joo : forasight or lack ef punishing tha a ski _ |_| oll ERs] Milgaing and | Migoing aT] Mistake of fact ~ a misapprehension of fact on mniigating | uggrevating | aggravadng Sind agya- | orcumstances | cireumstanaes ove Satlag ele | ae taken into | genaraty nt taken | cumstonese | account in | Ito account, | imposing tne | petals Wien rere ie dogroa of | more than ene'| parieipation 3 fpaicipntion | offender, the | generally rot taken | + 4 egies af | into account All| paticipation of | whe padicipaioa in | each in the|the act are comission of | purssned to the the crime is | same extent. Ee ny fa earaeeaas| fan fiedn College of Fas a The crime, exeaatin Uunin‘entional | felonles (culpable 3. is ossental ih the Crime 301s Gsseniial only wien inentiona’ felonies’ | the identity of the | ____L perptrator is in deubt Motive: when rolavant 6 Par. tz ‘Whon there io doubt us to the Identity of the assailant In escartaining the. truth oetween two antogonistic theorles or versions of the falling; Where tha Identifeation: of the ecsused Eroceeds from an unreliable source and the testimony Is inconclusive, and not tree fiom doubt; Whore there ere no eyswinessus to the eriine, end whern suaplsion Is licely to fall upon a number of pareans; When the act Is alleged 19 ve commited In defense of a stranger becaucs It nuust not be induced by revenige, resentment or other wv tote; Iho evidence is merely clreumstantist. ARTICLE 4 CRIMINAL LIABILITY riminal Liabitlty for a felory different from that inter.ded to be commitcod Rationale: He who Is the cause of the cavse Is jv the cause of the evil caused. 4 Requisitos: 4. Tha intentional . folor'y has been committed, Ho Intontlonai Felony: a. When the. actor oriission Ie nét punishable by RPG; ot b. When the act is covered by ny of tne dusting eruumstances: in” Art 11 of Ri + “Act of omission should not be punished by a spncial law bocause the offenser violating @ special law may not nave the intant to do any Injury to another. in such case, the wrongtul aot dono could not be ifferont, a8 the offender dl not intend to do any olher injury, + Any petach who treates ia another person's mind en immediote sense of danger, which causes the latter to do MEMORY AID IN CTIMINAL LAW| 7 something resuttig In the Iattors inurion, Ia liable forthe cesuitng infuses, (Poopie v8. Poge, 77 SCRA 348, chy Peapio vs Totlng, L-2TUAT, Jon. 17, 1978, 62 SCRA 17.33) 2. That the wong dono to tuo eggriaved party va the cliacl, natural ond logica consequence of the felony commilted,, Proximate Cause = that cause, .which, In the ‘naturel and continuous sequence, unbroken by any efficient intervening cause, prowuces he Injury without which the reault would not have occurred : ‘The relation of causa and-effect must be shown: 8. Uniaiul act Is the officlont cause b. Accelorating cause ©. Proximute cause ‘Thus, the person Is sll criminally labia although ‘he weongful act done be different from that which he intended: Error In Porsonaa - mistake in the idantty of the vielin (Article 49 = peralty for lesser ‘rime In ils mavium period) Abboratlo lotus ~ mistake in the blow (Article 48 on complex crimes — penally for graver offense in lta maximum perind) Prester intontionam — injutious result Is greater than that Intended (Arilola 13 + mitigating clroumstance) When death Is prosumed to be the natural consequence of physical Injuries inflicted: 2. that tho death, ma thal the viotim at the time the physical injures were inflcted was in normal heaith be expected trom the confide RE proximaty rapa VRID TS LAW is-a6-aclveelavepebanypon eetolony ee eh fe : h Rypontona erfspness of Rally of a a ig8 |2009 CENTRALIZED BAR OPERATIONS, Lu. Unrelnted te the ‘wound ~ the accused is ot criminally lable 6, Acombined force with wound ~ accused Is criminally liabie becaus the moat wounds contrihullng faeter to the vietim’s Heath. A mortal wound is a contibuting factor when. ee The wound {a sufficient to cause the victim's cont, along with the disease li The monte! wound was caused by ‘acllons cainmilted by the accused 2. When the doath was ctaised by an Infection cf tha wound due to the unskiied medical troatment from the doctors bit the woud Is mortal ~ accused 's criminally liable because the unskied froatment enc! Infection are rit ffcient Intervening causes bb. Ifthe wound is slight ~ the azcused fs not criminally lable because the unskilled treatment und Infection are efficient intervening causes Par. 2: Impossible Crime Roquisites: 4. That the act performed vould be en offense ‘against prsons or proparty ‘That the act was done with avi Intont That its Imposuible, of that the moans employed Is either inadequate or inotfactua! accomplishment | is inherently + Inharent i ‘necomplishment: ‘8, lugal Irapossthility where ine ‘nlended acts, even If completed ‘would not-amount to a erime. Eg. Stealing @ proporty that turned aut fo bo owned by the stealer. b, physical Impossibility ~ 7 * extraneeus circumstances unknown to the actor or bayond nis control | + praventthe consummation of the i Impossibiity ofits When Intended crime. Eg. When one trios to murcora corpse A. Thor the! act performed should NOT constitute a vietatlon of another provision of tha RPC. Feloniow against persone are: 4, Parvoidy (Art, 248) 2,’ Murder (Af. 248), 23. Horriclae (Art 249) Infanticide (Art 258) _-. Soa Meda Colleue of Lay 5. Abortion (its. 266, 257, 268 and 259) 6. Duel (arts 260 end261) f 7. Physical Injuries (Arts 262, 262, 264, 265 and 266) a, Rape (Ait 366-A) Eolontos against property ar 1. Robbery (Arts, 294, 297, 298, 299, 300, 302 and 303) Brgandaye (Arts, 206 anc 307) Thelt (Arts, 308, 310, and 311) LUsurpation (Arts. 912 and 313) Culpable Insolvency (At, 314) Swindling and otter decelts (Arts. 315, 316, 317 and 518) Challet Morigage (Ad. 919) ‘Arson and other crimas Involving destruction {Aits. 320, 321, 322, 323, 924, 325, and 326) 9, Maliwious Mischie! (Arts: 327, 326. 329, 490 and 321) Furposo of punishing Impossible crimos: To suppress. efiminal propensity or criminal (erdencios: Notes: 1 Feiony against persons or property should not be actually committed, for otherwise, he ‘would be liable for that felony; there would be ho impossibie crime to speak of, + There is no allemptad of frustrated impossible crime, Its always ccnsummated and applies only to grave or loss grave felonies, + Under Article $8, tne penally for Impossible crimes Is erresto mayor of a fine ranging from 200-500 pesos. ARTICLE 5 DUTY OF THE COURT Tals SACO Ly pximenulorn ra PeaoPean Bedg Coflege of Kary Stages of ox .cutton: (does NOT apply to crime: under spoclal laws Unless otherwitn’ provided, ‘times by omission, and formal erinies) Gonsummated folony + Wien ail the laments necessary for tt execution and posoinglishmart sre provent Formal Crimes or Crimes of Effect — {felorive which by @ single act of the accused consummatee the offense 93 a niatter of law (.2, physical Injuries, acts of Iasciviousnosa, eitempted fight to an enemy county, coercion, slander) Frustrated Folony Ptornante: 8. The clfender performs sil the acts of execution, Al the acis performed would produce the feleny 23 @ consequence. (beliol of accused ay to whether or not he hud derformed ail acts of execution should be Immaterialy © But the felony Is net produced, By reason of causes independent of the will of the perpetrator. Whut crimes do not admit of frustrated stage? They are those which, by the definition of a ttusirated felony, the offender. cannot possibly Berform ali the acts of evsciilion to bring the Sssired result withoul consummating the offense, Examples Rape, since the gravamien of ihe offanse '8 Carnal Knowledge, hence. no matter how slight the penetration, the felony Is ‘consummated, b, Indirect Bribery, because It Is committed by accepting yits olfered to the publ officer ay reason of his olfice. i he roes inet accent, he does not commit the crime, Ihe accepis, is consummated, Corruption of Public Gtficars, uecause the otience requires the convutrence of ina ‘wil Of both parties, such as that when the offer Is aeceptad, ine ofconse. is consummated. But ‘wien the cller is fojecied, the offenge is meraly altempted. 4, Adultery, because the ensunce of the crime is Sexunl cougrass ©. Physical Injury since it cannot be determined whether the injury will be MEMORY AID IN CRIMINAL LAW| 9 me REORY AIO IY CRIMINAL LAWL slight, 988 serious, oF sortous uninss and ‘nll consummated, 3. Attempted retony. Elomente: 4. The offender commences the commission cof the felony directly by overt acta: b, He dose not. perform. all the acts of executlon which. should produco the felony; % Tho non-performance of. ell acts of oxacution wae due {o @ cause or accident other, than’ the offenders own sponianaous dé Ovort acts = Some physical activity or dood, indicating “intention to commit. 8 particular crime,” more, then a mere planning or Proparation, which if carried to its completo termination: foliowing "its natural course, without being frustrated by extemal obstacles, for by volustary desistanca of the perpetrator wil logically ipan Into @ concrate offense, Folony is docmod: commenced by ovort acts whon tho following are prasont: ‘8. That there be extemal acta; b, Such external acts hava direct connection ‘with the crime intended to be committed, Indeterminate Offense: One where the Purpose of the offender in performing aa act {s not certain, The accused may be convicted. for a felony defined by the acts performed by him up to the time of desistance, Cosistanco + is an absolutery causo which negates criminal ability because the law encourages a person. to daslat from mn Inds! 3 Legal EABRRRD A, 0(3012009 CENTRALIZED BAR OPERATIONS, 1 ‘TWO STAGES IN THE DEVELOPMENT OF A CRIME: Internal acts «Such as mere ideas in the qund of person. + Notpunishable Exleral acts cover: fa. Preparatory acts ~ ordinarly not punished except when consilered by “lew as Incependent crimes (eg Ait 304, Possession of picklocks end similar tools) b, Adts of Execution ~ punishable under the RPC Attempted etago | - marks the ‘commencement of Ihe subjective phase Subjective Phaso ~ that postion of the facts constituiig the crime, sterting from the paint where the offender bagins tho commission of the crime to what polnt ‘onere, he aae stil conties ove: his acts 8 Including thale (acts!) natural course + if Between those two points. the olfoucer is stooped by reaton of any cause oulskia cf hls: own voluntary detistance, ve subjective phase has ‘not been passed and its an aitemat + the is not so stopre’! but continues unt he performs the las: act, it Is frustrated HE Fruntrajed stago ~ the and thereof and | the start of the objective phase Objective Phaaa ~ ie the result of the | acts of the execution, that is, the Secompiishmant of the crime: : + Ifthe subjective end objective phases Hl fare present, there Is 9 conwumimated felony. + ‘The spontaneous desistance of the accused Is exculpatory only (a) ih made during the ettempled stage, fand (b) provided that the acts elready conimitied co not consitute any offense, Factory In dotormining stage of exacutlan of tetony: 1 Nbtare of tye otinnse: 2, Elsmants consiltuting the felony i 3, Manner of committing the fiery. Murdor/Homlcldo/Parricide/intanticide wi 2 3 HPI): With intent to Kil but no mortal wound is inficted = attempted With intent to. kil, and mortal wound is inficted but vietim does not die ~ frust-ated With Intent “to kill and. victim dies ~ consummated Ruios'on crimas against porsons (MriP and stagos of oxecution: ‘a. ifthe vietim dies, intent to kil is presumed by opeiation of taw end the crime is consummated MHP oF | b. Ifthe vielim does fot die, with intent to Kit and mortal wounds were infctad, the crime Is frustrated MHP or | cc. Whe victim does net die, with the intent to ill and non mortal’ wounds were Inficted, the crime is attempted MHF ort J, Ifthe vetim doos not. die because there ‘was only an overt act and no wound was jnllcted but thare was Intent to Kill the crima is attempted MHP or! fo. Ifvitim does not die, without the Intent to kil, and mortal wounds were inficted, the ‘rity s gericus physical injuries f Hthe victim does not die, without the intent o kif, and non-mortal wounds were Inficted, the crime Is less serious or slight physica inturies, Murder, Ferpetiomiclde, Parccide, gs BA San Beds College of Law he personal gfeper Iptent to gaint rary Cro sa fre | Mortal | Consummated |". |_surted 4 | ti YES. Frastraied |San Tieba College of Katy 2, The difference Is thai in robbery, there is the 39 ef force oF volance 3. So long es the act Is done, the erime Is ‘consummated 4. In robbery. by tho use’ of force won: things, singe, the offonder must enter the bullding to Conaratt the crime, he must be able to camry + Out Of the bulding tho thing taken. tc consummate the crime, 5. In robbery with violence against or intimidation of persons, the crims Is consummated the momeni the offancer gots hold ef the thing taken andior is In @ positon to dispose of it frenly. + Kdoee not matior how long tha proparty ‘was In the possossion of zhe accused: does not matter whether the piopurty was disposed of not; what Is important is whether or not there was asporieelon or Uun'awul taking, Rape ‘+ The crime of rape Is consuminated by rere Penetration of the male organ no motter how slight + Instances where there is attempteu rape: 4, When the skirt of the victim hay been 'hed no matter what preltlan, b, When the accused mounted on the Sooy cf the victin ©. When there is epidermal touching of the Genial organs of the accused and the “e watim + The differance betwoen an atlempted rape. 1 Ane acts of fasciviousness is that with the former, there Is zarnal knowledge of the Intent to have sexual Intercourse Is eablishe Attomptod vs. Frustrated vs. Inivonsinie Crime f Pac Evi intont is nat f evil Intent Ta aot secomolshed. EM nent possibio of soompi myent jo What pravented | What” praventad the accomplish | the accomplish. | eannat be Evk. inlont snot mont isthe | mect Is. tho | accomplished Intervention of | inomarlion of | boceuss ite certain casa o* | cartein cauto, ot | Inhoreny Aaceldart in | aveliant in which | impossible of which... the |.the offendur had | accomplishment olfender hact no_| no part” er the means | part : employed uy tho: offender ie Inadequate or intact MEMORY AID IN CRIMINAL LAW) 11 ARTICLE LIGHT FELONIES Ugat Felonies ara: punishable oniy when they have been consummated..." : Except: if commited againai persons or property, Punishabio even ifatiampted or truslratec. Light fotonies — inftactions of law for the commission of which a penalty of arresto morior or @ fine of not exceeding 200 ot both Is Provided. a. Slight physical juries 4, Thor (when the Value of thing stolen le te than five pesos and theft le committed under the circumstances enumerated under Article 308 par. 3) ©, Alteration of boundary marks 4, Malicious mlech'at (when tne value of the damage does not exceed {wo hundred pesos ff cannot be eslimatad) Intriguing against honor + The exception with regard to crimes ayolnst persons is actually unnecossary 88 tho ony light felony agelost persons is s/git physical Injuries which Inthe fest place: cannot but be consummated, + Tae exception can apply bowever to attempted or frustrated ight felonies ‘against pproporty BUT only principal and acoumplizas are criminally iable while agcessories are exompt. ou ARTICLE 0 CONSPIRACY AND PROPOSAL, TO CONMIT FELONY By simple Bgnay only ince (hey areExcoptlon: In cases In which tne lav specially provides 1 penalty thurefor +The law specially provides penalty for mere conspiracy in (tingor the RPS) treason, ebollion, Insurrection, coup a" etar, geditlon, menopollys and combinations in restraint of travlo (TRICSM) , ‘ver special Inws} osplonage, highway robbery, tlegat assocladon, so.ccled acts somnmitted tundor the dangorous drugs act, arson, and terrorism under the human security act, Conspiracy as a felony, distinguished from consplracy as a manner of lacurring urlminal Nebhtty. + Asa folony, conspirators should net actually commit treason, rnbeliion, ate., It baing sufficient that two or more ,ersons agree anc decide to commit i © AS a inannor of incurring criminal ability, I they sommit kt, sey, treason, they will’be held fable for troascn, and the conspiracy which they had before conimitiag treason i only a manner of incurring criminal liabity not 2 separato offense, + Gelony ralates to & eclme actually committed lund conspiracy is not Kented as a sepmate ‘offense but usd to dalermine the fiabilly of the offenders. + In-corspiracy, the act ef ona t ho act of al Gonoral Pula: When conspiracy Is establishad, all who farticipated therein, Imesrective of the quantly or qualty of hs participation is liable equally,” whether conspiracy 1s proplanned 9% Instantaneous, Exception; Uniess one or some of consplraiers zommitiod some other crime wh fot part of the Intended arima, the chs Excoption to tho Exception: When the act constitates a ‘single indivisible uffense” Doctrine of Implto’t Conspiracy ‘Conspiracy may bu Inferred if it's preven that two ‘of more persone aimed thelr acts towards the accomplishment of the same unlawul object, each doing a part so that thelr acts although apparently Independent were in fact connected and ‘cooperative, ttuis Incleating @ closeness of peracnsl asszciation and. a concurence of sentiment, + Itls’enough that at the time of the commission of the olfense, the offenders acted in cant ech doing is purt to fulfll thelr cominon docign. [2009 CENTRALIZED BAR OPERATIONS a L Sun Beda College of Law _ + There Is unity of purpose and unity In the BF 2xeeutlon ofthe offense. i Proposal to commit a felony ~ when the person /7'; who has deckied so commit a felony proposes its ‘execution fo some other person of persons. ‘ Roguisites of Proposal: . 4. Thal a rorson has doclded to commit # felony; and : 2, That he proposes ils oxecution t> some other ‘+ Person or persons, + RPG specialiy provides. perally for mare proposal in treason, rebellion, Insurrection, and goup a? utat. (TRIG) ‘Thero Is no crin.inal proposal when: 1, The parson who proposes is not determined to commit the felony: There Is no decided, concrete and ‘ormal proposal, Ih is not'the execution of falony that is preposad. ARTICLE 9 CLASSIFICATION OF FELCNIES ACCORDING TO GRAVITY ‘ importance of Classification +. To determine whether these felaries can be compiexed oF nat, 2, To deteimine the prescription of the crime and the prescription of the penalty Grave folorivs — are thove to which the law attaches the capital punishment or_penalias Which in any of thelr periods are affictiva, in accordance with Art 26 of the Code. cts she ta eeoun eda College of coptions: |. Whare the specie! law provices otherwise 2 When the provisions of the RPC. are Imposaiblo of epplication, althur by exprons Provision or by navestary imalicaton, + Thus, when the special law adopts: the peneltlvs imposed In the HPC, such as ‘eclsion pomolue o¢ roci.sién tempore: tha provisions of tha RPC’ on Imposivon of pensities based on stage of exevution, degree of participation, ari altendance of mitigating @r.d ayg-avating elraumetaness may be applied by necessary implicetisn, ‘ IMPUTABILITY ~ the quailty by which an act mey bbe ascribed tu @ person as its euthor or owner, it implies that the act commitiec hs teen teoly ‘and coneclously done end may thetetore be put down to the dour as his very own. RESPONSIBILITY,- the obligation of suffering the consequences of crime, Ics the obligation of i takirg the penal and eivll consequerces of the crime, 2°" GUILT « an element of sasponsiilly, for e man annot be mace to answer for the noneoquences 12 |» ofa crime unless he is guilty ; ARTIOLE 11 JUSTIFYING CIRCUMSTANCES ) JUSTIEVING CIRCUMSTANCES ~ thosie whore the act of a person Is sald to be in accordance With fam, ag that such’ pevsor is deomad not fo " have trahsgressed the aw end le free trom bo!h |» “ggtlminal and avi liablty, There 's no eli labilty, “except In per. 4 of Art. 11, whora tho cli abl ‘is borne by the poisons benefites by the act, | +. Avaffrmative detense, nency, the burden of Pteots on the accused who rust prove it by ; cleat and convincing evidence. + There is both NO crime and NO criminal, + Basis: Lack ofciiminalintont 1. Solf-Dafenso. Rights included In solfsdefense: Salfedefanse includes not cnly the defense of the person or body of the one ausuulted but also that of his rights, the enjoyment of whlch 's protected bj law. Thus, t includes: Bae MEMORY AID In CRIMI LAWL] 13 The right to honor. Hence, fi slay on the {aca le co2sidered as unlawtul aygreseion since the face represents @ person and. his ¢lgnty. It Is @ serious personel attack; 4 physical assault, coupiod with a wilful disgrace and. it’ may, therefore, be eauartty regarded as piecing roa) Sanger B person's cignily, rights und Solely, (Rugas vs. ‘Panpie, GR No. 147769, Jan, 14, 2004) b. The defense of propery rights con be lnvoked It there isan’ attack upon she Proporty although Itis not coupled with an, attack “ipon the parson of ina owe’ of the" promisos, All the: elements. for Justification must hov:aver. be present (Poopio vs, Narvaez, 121 SCRA $89}, + What is Important la rot the cuallly ef tne altock but whether the means employed |s reasonable te prevent the allack. Stand ground whon In the right ~ dhe tow 008 not require a person to ralfeat winen his assailant ia rapidly advarcing upon him with dnadiy weapan, Reason: Me tune the rk of boing allaced in the back by the aggressor, Roquisites: Uniawul nggression (condition sia qua non); Kinds of aggression: i. Law 41) Inthe exercise of a right 2) Inthe fulfilment of a duty Uniawtul PSUR one so BOA GE CHF RAE ye”11412009 CENTRALIZED BAR OPERATIONS. Imminont ~ thal the danger is on the point of happening, it la not required that the attack alrandy Ueginn, for il may be too Tat. + Muet come trom the person sttacked by the accused + No unlawful aggression whew there was an agreement fo fight > Tho challenge to fight must be accepted. > But aygression which fs ahead of a slipulaled time and place is unlawful + Not merely. oral threats or threatening stance or poster. }- Mere busin of an ampen fing attack is ric" auiticiont + In relation to “mistake of fact” the belief ff the accused may be considered in dajarmining the exisience of unveil Agginasion, £9. mere Is seludetense feven ll the aggrescor Used! a toy gun provided thot tha acuused believed it to bo areal gun. Test of Roasonibleness The meavie employed depends une the (1) nature and quatiy of the weapon used by the aggressor, (2) fis physical condition, charaater, slze and other circumstances, (3) aid thas@ of the person defending himeetf, (4) and also the plece and cecasion of tne san Weds College of saw linbtty netwit standing the absence of any ot the elements for Justiyig citcumstances of snifedeferse under the RPC. (Sec, 26, RA. No, 9262; The law provides for an sdditional > Justifying circumstance, Dattorart Woman Syndrome ~ refers to a seigniifiealy defined paltern of psychological and behavioral symptoms found in women living In battering relationships ax a result of ‘cumulative abuse, “Cyclo of violonee” has three phases: 1. The tension building phase; 2. Tho acuta bettering incident 3. The tranqull, losing (or at least non , Violeis) phase (People v. Genosa .R. No, 135981, January 15, 2004) Four charactoristios of the syndrom: : ai The woman belloves that the violdnee vias ver fault, i ’. She hes an inability to ‘placo the 2 responstullty for he violence elsewhere; She ear for ner Me enor her cliren's Ite; and 6; She has an irrational bellof that tho 'j abuser is omnipresent and emniscient, Battory — refers to any act of inflicting + physical harm upon the woman ef her child: Fesulling to physical and psychological ory ‘emotional dlatress ‘ esau aa is i i agua “univ titan taagessen «Part equaty tabwasn me wospone | Reaeal,” lawt [Une soareasen Fe saeeey taeetg memct'ena ——«|eggensen had) waa ail erng i that of the eggressor Is not required, . ‘wat nalther Ie the metaria! commensurabilty pen i eee | See ee Ebetwoen the means of attack and defanse, Relicnal equ'valence Is enough Ronson! Because the person csseulted oes not have suificient Ianquilty of mind 9 think und to calculate + Retree! of _aggresser ~ _aggresalon ceases; EXCEPT: when retreat is mace to take @ more acvantugrous position to Inaure the sticcess of the attack negun, : unlawiul aggression continuss. Under Republie Act 9262, known as the Anth Violence against Womun and thelr Childron Act of 2004: “to: be suffering from Battered Woman | | nc Viet'msurvivors who are found by the courts | Syraiome la not Inoue any criminal or civil ( ———— or eee eo ooo . 'Pen Bebe Coltege of Saw Relatives that can ‘be dofondod (SAourosac) 8. Spouse scencants Qascencants Sealtimate, natural or adopied Brothers and Sisters, or ralatives by Attity in the wame degrees, auth of ihe spouse torminates the rolationshi by affinity. @ Relatives by Consanguinity within sno owth civil degre +. The fact that the relative vofended ve provoceten Is ‘mmeterial here Is no distinction in the Rovised Penal Coda wnather the deesendant shoulc! ‘be teghimate or fllugitimate; When tho Inw doas no* distinguish the courte cannot distinguish, Dofonse of Stranger Stranger — any person not ineluded in the ‘enumeration 9f ralativoa ‘under par, 2 of vt 1 + "Damage to another .ncludes injury to Parsons and emaye to property, Remiteitos: 2,” Untewul Aggression; b.. Reasanabie necessity of the means employed to prevent or repal i, ena ‘The person defending was r ot induced by Tevenge, resentment or othe: evi! native, + Motive is relevant only in this kind of defense, Avoidance of greater evil or injury Stalé of Nocossity. Aricle 41, par.4 = offender duiberataly caused damego Anicle 12, par. 4 ~ offender acclientally ‘caused damage qulstten: That the evil sought to be avelded actually exisis; b, That the injury feared bo greater than that done to avold it and & There be no other practical and less harmful muons of preventing +" Generally, there iy 0 lvl fabity In Justifying ‘creumstances. However, It is cnly in par, 4 of this Article where Dire is lull liabkity, Such lability Is borne by the Person benefited, * + Greator evil must not be bro sght about by tho negigence of imprudence or viniaion of law by the actor, MEMORY 41D IN CRIMINAL LAW 35 EMORY DIN COIMINAL LAW| 35 Fultlliment of duty or lawful oxoruise of Hight or office Roquisites: i That the accused acted In the Poriormance of a duty or in ine lawl ‘xerciae ofa right or ofice; © b, That the Injury: caused or the offense committed bo" the necessary consequence: of tha due performance of duty or the lawful exercise of such right or office, ° + Poasio va, Delima (48 Phi! 798) ~ tno Shooting by querus of escaping prisoners is alanys justified, + The execctar of death convicts it the Blibid P86) cannot he Hable for nlurdor for the executions pe-formed by im deeause he was merely acting In lavtl exercise of tis office, i * Doctrine of "SELF-HELP under Ar, 429 of the Civil Code Is applicable under this paragreph,’ The article atatea that “Tho owner or iavtul possestor of @ thing ‘has the right to exclude any parson from {the onjoymont and ispesal thereat. For this purpose, ho may uso euch Torco as ‘may be reasonably nocessary fo ropel or nrevent an actual or tiroatenod uniantul physics! kwvasion or usuypation of his property, Obedionce to on order Issued for’ somo lawful purpose: Requisitos: That. an order has been lesued by @ superior, 7 Mismishment, BSA the crime fakes the act “17“_if.J2n09 CENTRALIZED BAN OPERATIONS Basin: The exemption from punishment is based fon the complete absence of inteligence, freedom © of ation, or Intent, or on the absence of hagligance an the part of the accuses, ‘The act complained considered to heve | of is actually beun done within the | wrengful, but the bounds of law; | actor is not lable: ‘Sines the act Ts | Since the act considered laviful.| complamed of “is there ls no crime, | actually wrong there a crime but since 7 the actor acted without volunteriness,:.there ignno cola nor evloa ‘ince thers sea there ts 8 crime, nore eriminel, | crime commited ther’ is also no | though there Iso criminal «or ~ ‘cll! | erlminal, there is civil Tiablity, (exoent Art | iaity. (except 4. 14, pa 4) 12, par 4 and 7 vinero thors is no _. Levittown, 4, tmboellity ve. Insanity Insonity exists whan there is a complete deprivation of Intelligence or freedom of the ‘will: Mere abnormailty of mentat facuitles ts rot anough especially Ifthe offender has not Jost eoneciousnoss of his acts. Imboeltity ‘xsl when 3 pergan, while of advanced: age, has 2 mental devsiupment Cornparabie to that of children, between two and seven yaern cf age. + An Insene porsen is riot s0 exempt if It fean bo shown that he acted during a (cid Intorvel, But.an imbecile Is exerapt in all canes trom criminal tabi, + Pooplu:ys, Formnigarios (87 Phil 661) ~ feebiumindednoss lo not exempting out ‘ean bo considered ao miigat.ng. + Somnambullsm or sleepwalking rust be ‘clearly proven to be censidered 28 an exempting circumslarce under {his tr ————— i an Beda College of Kars Antcle; the acts of the sleepwalker should rot be voluntary Two toste of insanity: a. Test of COGNITION ~' complete deprivation of Intelligence In committing the cima, b, Test of VOLITION ~ total deprivation of freagom of wil. + In the Philippines, both cognition and wolllon tests are appad. There must be complete deprivation of the intelloct {eagaltion) of wl or freedcm (voltion) +The dofense must prove that he accused ‘was insane at the time of commission of the crime wecause tne presumption is always in favor of sanity What ara the effects of the Insan‘ty of the accises? 8, AL the time of the commission of the ‘rime ~ exempt b, During tial — proceedings suspended, accused is committed fo a hospital ©, ‘After judgmont.or, while serving sontence exocution of judgment is suspended, the eozused! /s commited fo 2 hospital. Tho period of confinement In the hospital is counted. for ta purposo of tho presorition of the penalty. +The fect thal’a person behaves cvacly to no! conclusive, that. he is: insane. The prevalent’ meaning of the word "crazy" Is et synonymous with the legal terms *lagana," "non compos menils.” “unsound mind,” "idiot" of “lunatic.” The popular ‘concestion of tha word “crary" is being 2, person or an actBan Bieda College of ay Tho chilo referred herein shell by released to the custody of tismer perents or guardian, or in the absunce thereof, the child's nearast relative, It the perente, guaraians or nearest ~ ralativas cunn3t be located, or il they rafuce to take eustooy, the child shall be roieated to a duly regletored nongovernmentai or raligious ‘organization, a barangay oficial of a meniber of tie Barangay Counel for the Protection of Chidren (BCPC); or when approprtale, the OSD, ©. Ifthe child referred herein Is found to be ‘bandoned, negiscted or abused by his Parents, or in tha event that tha pare ‘will not cotuply with prevention program, the DSWO wil fle tha peutian for involuntery commitment. pursuant to “The Child ana Youth Welfare Code” (Sertion 20) Acchild above 16 years but below 18 vears of ‘age shail likewise be exampted from criminal liabitty and be subjected to. Intervention pfegram pursuant to Section 20, unluss h2/she has acted with discernment. Mf the child referred herein acid with discemment, he/she shall undergo diversion programs ‘without undergoing court Frocaedings subjedt 19 the tolloving conditions: (Section 23) 2, Where the Inipoeuble penalty Is not more than 6 years of Imprlsonmeni, the Punong Barangay or law unforcensent offear shail conquet mediation, furlly ceonferensing and conciliation, b. Whare the Inmposable penalty exceeds 6 years imprisonment, diversion ‘measures may be rescrted to only by the court, Exnmptlon trom criminal lability herein ‘#siebilshed does not Include aemption trom, ov iebllty. The chld In confit with tho law shall enjoy the: precumption of minsrity until Ne/she. is proven {o ba 18 years vid or vkier (Section 7, part). ‘The prosecutor shai conduc: a profiminary lavestigation and fila an information «pon determination of piobsble cause in the following instances (Socton 33): Gonera rule: sneSAEMORY AID IN CRIMINAL LAW! 17 4. When the child in conflot with the Inw: does ne: quality for diversion, 2 When ‘tho child, hisihar parents or guardian doos not agree to diversion, 3. Upon determination by the srasucutor that diversian Is not appropriate for the Child in conftck withthe law, ‘Automatic Suspension of Sentanso ~ Once the child who le uncer 18 years of ege at the time of eomisiaslon of the offense is found gully of the offense charged, the court shal €etermine and ascertain any cl lablity Which may have resuited from the offense commitioss, However, Instead of renouncing the Judgment of eanvation, the court shal plana the cid In conflict with law under euspended sentence, wihout neod of application and. impose ths appropriate disposition measures. as ‘provided in. tho ‘Supreme Court Ruie on Juveniies In Contet with the Law, (Section 36). z Upon recommendation of the snolal worker who has custady of the child, the court shall ‘order the fine! discharge of the child. The discharge of the child in conflict with the law shall not affect the civil labilly resulting from the commission of the offense (Section dy), For minors above 16 or below 18, they are exempted because the prasumpilon Is that they acted without inteligence: Exception: The mor acted with discernment Discomment = mental cxpacily to lly appreclate the consequences of an unlawful act, Discoriment may: 1 as oe sterdpiiall bo ntgpehal be Berson or shall be 0(18 |2069 CENT RALIZED DAR OPERATIONS if alter the Intervention, there Is no 8, teform, the minor shell be retumed to the ‘court for the promulgation of the decision agalnst the miter; ard then the court © shall either decide on the sentence or cextand tha intervention Nota: Only when there: Is (1) refusal to ba subjected to roformation or (2) when there is fallire to reform can the child be subjected to crtninal prosecution nd the judici! system, 4. Accldont without fault or Intuntion of an occurrence that nappens ‘cutalde the sway of our will, and although it comes about {hrough some ‘act of our will, It co flee beyond’ the boungs of humanly J) foreseeable consequanes, Basts: Lack of negligence or Intent. Elomente: re a, Aperson Is pattorring @ kawtul act b. With io ca ¢. He causes Injury 0 another by mere acelaent; dy Without fault oF Intention of cevistag A parson who acte under thie compulsion of an Irrosiatibto force Elemente: 8. That the crmpulsion Is by means of physleal force, b. That the —phsteal Inasisibie. ‘e. That the physical fore2 must come from a Uhled parson, force must be + Passieis and obfuscation cannot @nount to irresistible force. . Basia: Complete ubsence of tr voluntariness' .dom or + The forco must be 60 iresistible as to faduce tie. actor to's mera instument ‘who fot eatery wot wi wt agent evil, : force’. th compe another person to | another to commit a See eee eee gan Beda College of Lory Uncontrotatte fear Elements: 8. That the thfoat which causes the fear is of an evil greater than, or at least equal to, that which he is cequired to commit, ‘That it-promises an ovil-of such gravity and imminence that the ordinary man ‘would have succumbed to it. + Duress a8 a valid defense should bor based on real, imminent, or reasonabio {fear for one's life.or lim and should not be speculative, fancit', or remote fear. © The compulsion must be of such character 38 to leave no opportualty to the accused for oscape or self-defense in ‘equal combat, Actus me invite factus non est meus actus ~ Aneel dona by me agalnat my wil is not my act, Insuporabto cause :nsuporablo causo ~ sora motive which has lawfully, moral or physloally prevented a person to do what the law commands + Applies to felonies by omission, Eloment fa, That an act Is required by law to ba done, 'b, That a pereon falls to perform such act c,” That his failure to perform such act was due to some lawful or insuperable cause. Examples: a, The tauniclpal president detained thé offendac party. {or three days because to ‘9 ice of the >a BBA tee vo yet 9, ne Oiher meal anes HED UMA vicontto ahs TBI EGE OF LAW DSn Deda College of Fats MEMORY AiO IN crunaitiAL LAW] 39 nnn MEMORY AID IN CRIMINAL LAW] 19 for Infanticide Lecaune it was physically Impossivie for her to take home the child, (Paople vs. Bendian, 63 Phil, 830). The severe dizziness and extreme Gabiity’ of the woman constitute an insuperebla cause, ABSOLUTORY CAUSES ~ nve these where the act commited is a arlme but for reasons of public Policy and sentiment, there Is no penalty Imposed, Othor examples of ahsolutory causos: Spontaneous doatstanen (Art. 6) ‘Attempled or frustrated lignt falontes (Act, 7) Accessories who afe exempt “tom criminal Uabilty by reason br relationship (Art. 20) ‘and In light felonies 4. Slight or Tess serious physleal- injurles Inflicted under exseptional circumstances (art 247) Persons exempt from cihninal ‘iabuity for theft, swindling and malicious mischief (Art, 532) 6 Itatigation 7. Tinspass to dwelling when the purpose of ontering ancthar's dweling against the latter's wil is 49 oravant soma serious inatrn fo hansel, the occupants cf the dhieting or a {hed person, or for the puso” 8 of rendering some service to humanity of justice, or when entering cafes, taverns, inns and ther public houses, while the same are open (Art 280, pat. 2) 8, fherrlage of the oifender and the oitendee arly in cases of seduction, abduction, acts eflancivioueness and rape (An. 344) 9. Adultery and concubinace if ihe offended party shall have. consented cr pardoned the Sifenders (Art, 44) 4, + Entroprnent 's NOT on absolutury cause A buy-bust operation concitctcd In connection with legal drug-related foffensas isa form of entrapment ‘Ways "end “meano | Insligator’ induces rw resortoe 49 for | the would-be the "capture of | accuesd to commit lawbreaker in the | the crime, hence he execution “of his | bscomes’ a co crlnina! play prinelpal,_ _| The” maana | Tha lew anvorear originates’ from tha | conceives the unc of the criminal. | comrrission af the crime and suggests fo the wecused Who opts the idea and Nota bar 16 the prosecution and ‘conviction of the lawbroaker, Tinto Twit reaultv ia the Acquittal of the necused, + If the one who ‘made the Inutgation Ia 0 private ledividual, not performing public funetion, koth hé ‘and the ong Induced are criminally lable for the rime oommitad: the former, a8 principe! by induction: and the latter, a8 principal by cirect partitpation, TL TAA OTL) HAS ARTICLE 13 MIIGATING CIRCUMSTANCES MITIGATING CIRCUMSTANCES ~ thosa wich, {f presont'in the commission of the arime, do not ontialy fae the actor from criminal liablly, ut serve only to raduce the penalty, + Ono single ‘act cannot be made the basis of more than one mitigating clrcumsterce, Hence, a milgaling clreumstance arising from a single tac! absorbs all the other mitigating circumstances arising from the same fact, Basis: Clminuton of elther freedom of o-tlon, intelligence, or Iitent, or on the lessar porversily ofthe offender, ery1 20 |2008 CENTRALIZED GAS, OPERATIONS Inconyplote justifying or cireunstancon ‘© Appliog, when all the requistes necessary fo justiiy the act or to exempt front ‘edminal lability are NOT attendant. ©. But In. the ‘casa of “incomplete selt- dofenge, dofense of rolallves, and defense of a stranger’, unlawful aggression rust by present, It baing an Indispensable requisite, + Considerea as s priviisged mitigating licumstance and thera‘ore penalty is une fr to dagrees lewer than that provided fos by law under Avticle 89. exompilng Urdur 18, of ovor 76 years old + Its the aye of the accused at the time of the commission of tho crime which should be determined, Hin age ct the time of tha trlal is iesmatertal. ‘Lagal offacts cf varlotis ages of offender 18 2nd below ~ exempting Above 16 but under 19 ~ exempting unless ‘acted with discerartent. But even with Giacernment, ponally Is reduced by one (1) degree lower than that imposed. (Art 88, par, 2, emonded by RA $344) Minor delinguen under 18 years of age = sentence suspancied (Art, 192, PD 603 08 ‘amended by “PD 1179, referred to as Children in Conflict with the Law under RAG344 Child In Contict with tha Law ~ refers 10 & child who is alleged at, accused of, or adjudged as, naving committed an offense under Phlppine fas) 18 yearn or cvor~ fill criminal responsitsity 70 yosrs oF aver ~ ritigating, no imposition of death penalty; if already imposed, execution of death penalty Is suspended ‘and commute Bl Diminutlon of intelligence No Intention to commit vo grave a wrong (Precter intantionemn) | Rule for tha applieation: Gan be. taken) Into account only, when the ‘Bets proven show thnt thera Is a notable and evident disprocortion between the mean employed to exdoule tne criminal act and ts consaquances, + Intention may be ascertained by considering: a, the weapon used - 4% b,_ the partof the body inired the injury inflcted * 4. the mameritis infleted + Nol agplcatie te felonies by negligence. + Not applicable to felonles where intention is irimaterie. + Not appreciated In murder qualified by treachery (Feyes). + Inte! at the tims of the commission of the felony, not during the planning stage, should ba considered. Bosts: [nlont Is diminished, Provocation or throat Provocation = any unjust or improper conduct or act of the offended pany, capable of axctinig, Inciting or Initating any onk Roquisites: ‘a, The provocation must be sufficient >” Sullelant means adequate to exco n person o commit the wrong and must fpocordingly be proportionate to ite ‘ravily (People v3, Naboro, 73 Phi: 134,435) > As to whether or rot the provocation {s sufficient depends upon (a) the act constituting the provocation, (b) the social standing of the person provoked, (¢) ihe place and time ‘when the provocation is mace. b.{t must orlgnate from the offended party. logemust be personal and eg g J Eotreat iy Fe latgliated only faroNBsted on the “arpQeshation, bul nck senate te-otoen Fpieall Sait Beda College of Law~ feat Bled Cobtege of Lavy 5, Vindication of grave otfonso Roquisiter: & “That thera be @ grave otfaniee done to the ond commiting the fuiony, tls escuse, ascendan's; descondania, —iogiimele’ natural or advpted brotners or sistars of felatives by affinity within tho sane uegioes; >. “Trat the tolony ‘s' commited In immediate vindloution of such grave oifense., + "Immectiats* altows for a taps of time alike in sufficient a-ovneation, as long os the ‘uffender is sti sutferiig from the mental agony brourht about by the offense ta hin, + ‘Grave offense” fe not limited to thet defined by law but includes ainy at that ie offensive to the offender or his relatives 8nd the same need not be unlawtul, ie sea aa: He, a LO Naa aR Wis made atest! The “ayant ste only to the person | moy “Be sure nee committing. the | also gainer Me fetony. Strader’ relanves Mentioned by law, (me cause “That | Fite ata brought about the | must have works provocation not bea offerie, sa | Sere" ® Be fetes nt ie | Iie neceséaty thet'| The vindicallon of the the provocation or | grave offense may be threat immesiately | proxinuts, whlch Preceded the act. admits of “an | INTERVAL of time, Basis to dotermina gravity of offense in vindieation: 8. social etanding of the person b. place ‘time when the Inault wes made 6 Passion or ebfuseation +The Infietion of inj: from’ the act th obfuscation, hust be tinmediate ‘eeused passin or requires that: a. The accused acted upon an impue, b. The imoulse must be 20 powartul that i alurally produced passion or nbfuscation intim, MEMORY AID IN cHitaivAL LAW} 24 BRAID IN CRIMINAL LAW 23 Roquistes: a. The: there be on sulfitent Lo, produce Bath unlawiul and ch @ condition of ‘mld 5. Thal’ aid act which produced the obfuscation wae nol far removed from the commission | of the crime by. a Considerable length of time, during which the perpetrator might recover his normal equanimity, © The act causing such obfuscation was committed by th» vietin himselt, + A riligating circumstance only won the Suns@ arose trom lawful peniimente, + May lawiily arise trom causos existing only in tho honest belief of the offender, Basle: loss of rersouing and sete antrot, {horeby diminishing the exercise 01 hie wil power, . Rasslon or Obfuscation is NOT tatigating when committod: 8. Inthe spin of lawlessness, or be Ina spit of revenge amaene Te ST | Produced “by” an] the provocation [Trois waah at | neg HME! rence may | tins Th the offense feed not] must Immediaisiy be inmediaie. “'t is | pracede the only required. that the influence therao! lasts unt the mement the srime'is b committed ‘commission of tha crime’ rr rs' \22,]2009 CENTRALIZED BAN OPERATIONS Passion and obfuscation cannot CO-E¥IST with: a, vindication of grave offense b. treachery 7. Surrandor and confession of guilt ‘Twe mitigating circumetances: a Voluntary surrender to @ person in authority 0° his agents. b. Voluntaly confersion of guilt before the court prior to the presentation of evidence for tie prosecution, + If both aro present, thave will be two Inciepandent clreumstancas. Requisties of voluntary surrencort That tre offender had not buen actualy arceste ‘Thal the offender surrendered himself to ‘8 person in authority or to the latter's ‘agent «© Porson In authority ~ one directly vesied with yurisciction which is the power 0 govem and to execute the {aws, wholher as an individual or as a member cf . some court or governmental corporation, ‘board of ommission. 4 Agent of 8 person ia arthority ~ fone who by direct provision of tne law or by elaclien er by appointment by competent authority, is charged with the maintenance of public order and the protection and sacutity of ife and property and-nny person wha comes {a the ald of persons in authority (Art 152, as amended by RA 1978). That the surrender was voluntary. Whon gurrendat voluntary As wufondor to: be voluntary must be epontaneows, showing the intent. of the tuccusas! to subn;h himself uineonultenally to the authorities, either bueruse: 8, ho acknowledges his quit, or Bb. “ho Wishes {0 save them he trouble and expanse. necessarily Incured In his rol and Gat ‘+ Intention to. sutrender_witnout actually ‘suendeing ls net miigeting gitp6 of voluntary plow of guilty: 2. Thate the. offender epontaneously confessed his quit. ion of gull wos made in open cour, shat la, bofore the competent our that 0 try the case San Beda College of Lay 10, ‘That the confession of guilt was made prior to the presentation of evidence for the prosecution; and 4d, ‘That the confestion of guilt was to the offense charged In the information. Reason: plea of guilty is an-act of repentance and respect for the law It Indicates 0 moral isposition in the accused, favorable to his reform: Basis: lesver porversily of the offender. Physleal defect of offendar + When the offender Is deaf and dumb, bling of otherwise suffering froin some: physical defect, restricting his means of tacfion,: defense ‘or communication with other + The physical defect must relate to tho offense committed, &.g. blindness does ‘aot miligate estate Basis dimirution of element of voluntariness Illness of the offender Requisites: is Thet the illness of tho offender must diminish the exarcis > of his wil-power. b, Thal cudh ‘tines should net deprive the offender of consclousness of his acts. + Includes iiness of ‘amounting to Insanity the mind not Basis: Diminu‘ion of Ineligence and intent. ‘Similar or Analogous CircumstancesBait Meda Cettege of ais Basis: Greater pemercity of tha offender Manifested in the commission ef the ‘elony as shown by The motivakag power ite, ihe place af the commission, The means and ways enipio, The time; or The personal clrcumstaices i the oF the offended party nde! Kinds of aggravating circumstances. 1. Ganorie ~ those which’ apply to al ciimes, such 88: 2 Advantage taken of puts positon b. Contemst or rauit of pubic authority: Crime conimited 1) the dwelling of the offended pany? 4. “Abuse of confidence ar obvious Lungratewlness; 2. Place where stime is contnitics { Nignttine, unichabited place, or band: Recidivism; h i i I I Habituality; Cratt, fraud, oF disguiss; Untawvful entry: Greaking cf parts of the house: Use of persons under 15 years of age ie ~ those which apely only to snecific erimes, such as ignominy in crimes against chastity and cruaily and treachery which ace applicable only to crimes'againss persons, 2,” Disregard of cenk, age, ur sex duo the offended. party." in crimes against persons ard harier, Abuse of superior strength or means be employed to weaken the defense; ‘Teeachery in crimeuagainst peisons; Ignominy in erimes ageinst chastity; Cruelty in crimes against persony Use of unicensud fireztm In the mutder ‘or homicide commited therewith + This is absorbed in rebellion, insurrection, sedition, ant attemoted coup datal (RA #294) Qualitying ~ those that change the nisture of ‘the crime, + Alvcsio — (weachery) or Fremeditation qualifies the Kl Person to murder, + Art, 246 enumerates “tha qualifying aggrevating cireumstares which qualily he killing of a peraon fo murder. evident goa 4, Inheront’ = those which of nasnssity avenmpany the commiscion of the iin, thereiore rot considwrad in inernasing the penalty 'e be imposed, such as, _ MEMORY A410 WN CRIMINAL LAW| 23 vitent premeditavou tn robb ty, Diet, estofa, adultery and concubinaye, Abuse’ o: puble office in bribery © Breoking of a wali or uniawtal entry inte a Mouse in robbery with ine us» of larce upon things: Froud in estata: Decuit in simple Seduction; J. lydominy rape, 5. Spoclal ~ thore which arise under speviat conditions to nerense the periity of tho offense and cannot be offset by iligating circumstancas, auch 8: 2. Quasl-rechlivism (As. 160); Complox crimes (Ar.48); E101 in porsonce (Ar.AS); Taking auvantage of public position ant membership in an organizedisyndigaled wna group (Per. fal. vn. 2) b 6. TCE viene inseais n povnly Po ghe hostess which should” "bo | proper ane suena Inoesee “Upon the | Fame, nde pce accused “fo” ine | tn aunor thereat in imasenirs peri at | euch alates without excbetng ne | Gosore “no” Sse tt” preserved” by | penety fan’ “tat | Spectly pwc xt aan Oia cea OE Seen mitigating sifcumstance Rules on aggrayay tancos 1 Aggravatiage Paull not bo appresigtedlt sea punanSSOR aap y “They-aketinehtled bye fain ul s te af ete sion oat, : ae § necessity tau Ufddoonaty tor ctyfayinvoruing that it must of the commission tere ~~__24 |2009 CENTRALIZED AA, OPERATIONS. Example; Evident premeditation is Inhurent In theft, rebbery, estafa, adultery and congubniage. ‘Ageravating elrcurnstances which arise: From the moral eitributes of thé offender; or b. Fron. fils private, relations with the ‘oficnded pany; or 6. From any personal cause, shall only serve fo aggravate the iablily of the prinelpals, accomplices and accussuries fas to whom such cloumstances are ailtondant (Art, 62, par. 3) even it there was conspiracy. 4, Toe ckoumstanices whlcn consist a. inthe malusai execution of tha act, cr ‘In the means employed to accomplish I shall serve to aggravate the bablity of those persons only who had knowledge fof them at the trae of the exacution of the fet or thelr cooperation therein. Exceat thon there is proof of conspiracy in vhich jase the act of one is desmed to be the det af al, regardiass cf lack oi knowledge ofthe facts conalitating the circumstance, (At, 62, por 4) 8. Aggravaling clreumstances, regardless of its kind, should be speciically aleged in the Information ANO proved as fully as the came Itself In ordar to inereaso the penaity. (Sec. %,Rula 110, 7000 Ruins of Criminal Procedura) such circumstances are no presumed. (Poopio v. Legaspl, C.R. Nos. 198164-€6, Apri 20, 2001) 6, When there Ie mora than one qualitying ‘agyravating circumstance ‘present, one of them will bu’ appreciated as quailying eggravatirg while the others will be considered as generis agoravating ARTICLE 14 AGGRAVATING CIRCUMSTANCES Par, 4 = That advantage by taken by the ‘affender of his public position, Basie: Groater perversity of the offender as ‘shown by the mesne of personal circumstance of tho offender and by the mears usec to secure the ccoxnmission of the crine, ‘+ ‘Applleabie only when the offender Is a public officer, a ___ Ban Bede College of Habs + Thé public officer’ must use the Influence, presiige.or ascendancy which his office gives him as the means by which he realizes his purpose, + This -clreumstance cannot be taken into consideration In offenses where taking advantage af official position 1s made by law fan Intayral clorzent of the erima, auch as in maiversation under Art, 217. or In faisification 31a dacument commited by public officers under An. 171 Taking advantage of a pubic position is also erent in the case of accessories under Art 19, px, 3 (harboring, concealing, or ‘assisting in Ihe escape of the prineipat of the crim2), and in crimes committed by public officars (Aits, 204-248), Por, 2 ~ That tho crime be committed in contempt of er with insult to the public authorities. Gasls: Greater perversity of the offender as shown by bis lack of cespect for the pubic aulaites, Ruquislies of this clrcumstance: 4, Thar the publle authority is engaged in the exorcise or tis functions. 2, That the public authority is not the person against whor the crima is committed, 3, The offendar knows him to be a pubic autherty, 4, His presence has not prevented the offender from gammiting the criminal act. Publlo authorliy ~ comelimes also called @ person In authority, is @ public officer who Is Shecily vested with jurisdiction, thal is, @ publiz act sto Nase paugteggovern and exec i oe eas eee Sete ee 2 Wales CAN. NAR RROOP 1A i person ay appolnimiag with the 8 protection and Bt baro, cour ‘order and the "und property such fiman, Batic policeman andSea Bedu College of Vary barangay Inader, and any person who cones to the alé of persons in authority. (A. 182 RPC) © Para of Art. 14 does nal apoly whan erne is ‘commited in tha prosence of an ugent only. Notes: t + Knwwladge that a puolle huthorty is prosent i essential. Lack of such know'edge Indicator tuck of intention to insult the ube aut9y + Mf crime committed is agarst the publ Authorty while inthe pertcrmance of his duty, the olfender commits arect assault without thvs aggravating clrcumstanee, Par. ~ That the act 6 committed: 1) with insult or in, disregard of tho Fespect due tho dffundad party on account of hie (a) sank, (2) 899, oF (c) 2) tial It be committed in the dwulling of the offencioct party, if the latter has not piven provoration Basis: Greater perversity Of the olfender, 2s shown by the personal circumstance: of the ‘offended party anc the place of the conimission of the eri ‘+ Tho four circumstances enumercted can be considered singly or ivgother, If atl tre four circunistances are present, thoy heva the weight of ene aggravating clrcurnstance enly. + Disregard of rank, age or sex is essentially applicable only to erimes agast person of anor. They ara not taken into accuunt in crimes agains! property. + To be appreciated as an aggravating ircumistance, thera musi be eviderice that in the omrnscion of tha cine, the oftondar Gliborately Intended fo ffend or insult the ‘Sex, age and rank of the offended pry. Fank of the offended party: the designation ar {ile of distinction used to fix tha relative psition of the offerded party In reteronce to others. There must be a difference in the soclat conditen of the offender and the offended party Ago of the eflended party: may eter (o old age or the tender age of the victim Sox of tho offerided party: refers to the female ex, nat to the male sux Tho aggravathig circumstansu.of uisrogard of rank, ago, or sox Is NOT applicstla i tho following casos: 4, When the offendor acted wilt paselon and obluscation. MEMORY AID IN CRIMINAL LAW] 25 2. When thece exists @ rblatlorship between the offended party and the offender, When tra condition of ‘being a woman is Indispensable tn the comleslon of tha rina, fem parreee, abduotion, sedustion rape) + Disregard of sex and age ary not absorbeit In Ireachory becouse treachery rofere to thu manner of the commission of the erin, while distegard of sex and age pertains to the relationship of tie victim (Paopia vs, Lopaz, March 31, 1989). walling — must be a bullding or ‘ructure, exclusively used for rest and comfort. “combination of a house and. store” of a market atall wheio tho Vietim slept ia not a cwellag, + dwelllng Includes dopandencles, the foot of the staircase and ericiosure under ths house + The aggravating circumstance of dweling Fequires that the crime be wholly or party committed therein or in any. integra! act whereot, + Dwelling does not mean the permanen residence or donicile of the offended garly or that he nvst be the owner thereol, Ha must, however, be actually ving or dwelling therein ‘even for a tomperarysduration or purpose, + IIs not necessary that the accused :nould have actually sntored the walling of the victim to commit the offense; Its enough that the victim was attacked inside his own house, athough the assaliant may have devised means {0 perpetrate tho assault. Le. teiggermian fied the shot from outside the house, his viclinwas inside + Even if the killng took place outside de lweliing, it bs aggravating provided that the cormieaiay rae Begun in the wel “i In Podge Tee UD ce, ge ren VEER io cy ue 0 se etnt terpa byte(= 26,|2009 CENTRALIZED BAR OPERATIONS. Dwolling was found “aggravating in the following cases. although the crimo was ‘committed NOT in the dwelling of tie victims: 4, The viellm was raped in the bearding house where she wa0 a bedspacer, 2: The vielims wore raped In paternal home ‘whore they were guests at that tm 2, Tho vletims, white slzeping as guests in the house of another person, wers shat to death, Tha Code speaks of “dwelling” NOT domicie, Meaning of provocation In the aggravating clrcumstance of dwalling: ‘The provocation must be: 4, Given by the owner of the diveling, 2, -Sufficlent, and ‘9, tmmodiate to the commission of the erin, + "It all these’ ‘conditions are present, the offended party It deemad to have given tie provocation, and the fact that the crime Is commited’ in the dwelliig of the offended party 1s NOT an aggravating circumstance, Reason: When it Is the offended party who has provoked the Incident, he losus his right to the Tespect and couisideration due him In hs own house. "Pwolling le NOT aggruvating In the fellowing Ween both the offender and the offended ‘party are occupants of the saine hovse, and {his Is trun even If offender Is @ servant in the house, + EXCEPTION: In case of adultery in the conjugal dwalling, tho samme ik aggravating, Hawover, If the paramour nis dwells In the conjugal dweting, the ‘applicable aggravating clrcummtanice is abuse of confidence When robbery Is committed by the uso of + force upon things, ewellng Is net aggravating because itis inherent. + But dwelling Is aggravating in robbery with violence ageinst or intimidation of persone because thie class of robbery ‘een be committed without the necessity of trespassing the sanctlly of the otfended party's hous, * 3. In the ctlme of trespass to dwelling, it Is Inherent. or Included by lew In defining the - + crime, When, the cwoer cf the dwelling, gave auticlont and immediate provecatio:s ‘+ Thera must extst a close relation between the provocation made by the victim end the commission of the crime by ihe accused, gan Beds College of Baw 5, The vietim Is rot @ dweller of the house, Par. 4~ That tho act be committed with (1) abuse of confidence, or (2) obvious ungratefuiness. Basle: Greater pervorsity of the offender as shown by the mesns and ways employed. + Par 4 provides two aggravating cireumstaneas which, if present in the same ‘case must be independently appreciated. + Walla one may be related to the other In the factual vituation in the ense, they cannot be umped: together as. abuse of confidence fequites a special confidential relationship between the offender and the vietim, but this {a not 69 in nrgratefuiness. of abure of confidence: the ofended paily had trusted tho offender. 2, That the offender abused such trust by committing a erlme against the offended arty, 3, That the abuse of confidence faciliated the commission of the crime, ‘+The contidence betwoen the offender and the offended party must be immediate end personal, Hence, an employee of the ‘government cannot be socuseo of thio with Tespect to his employer since their ‘elationship Is not personal, Note; Abyse of confiderice ts Inherent malversation (Art, 247), qualified thett (At. 319), estafa by conversion or misappropriation (Art 215s id page 2 nee vein BAUER os SANGHA east by! i gan Mede Lolloge of Za Par, ~ That tha crime be committed: 4) In the palace of the Chief Exwoutive, or 2) Inhis presanco, or 3) whore pubic authorities are engaged In the diachargo of their dutiew, or 4) Ina place dedicated to religious ‘worship. Basis: Greater perversity of tne ovfander 2s shown by the place of the commission of the rime, witch muut be respacted, 7 Must be dedicated to publ'e religious worship: private chapels not includ + People vs. Jauriguo (76 Phi 174, 182) = thera must ba Intention to dassernte the place dedleatg to public religious worship, + The President of Chief Executive need not be In the Palace io aggravate the liablity uf the offender. As long 98h was procent, and his Dregence In known to the accused when he oid. the crima, there is eggravating shreumstance + Except for the third whieh requires that officiat functions are being petformed at the une of ‘the eomnilssion of the crine, the other places mentioned ere aggravating fcr sa even if no official duties or acts of religious worship are Being conducted there + Cunietories, owaver respectable they may be, nto not considared as piace dedicated to the worship of God, + Offender must nave intention ta commit cerimu when he enlerod the pl a MRR arts SER In thet office Outside” of their merase, May or tay not be | Puna” acthonty {hn public authority | should not ‘bo ihe ins offended sort Par. = That the crime bo commited 4) inthe nightimo, or 2) (nan uninhabited place, or 4) by a band, whenever such circumstances ‘may —taviltate tho commission of the offense, : MEMORY AID IN CRIMINAL LAW |27 Basis: Tine and place of the commission of the crime and te means and ways employed. + When present In the sama cage’ and their clement are cistinetly palpablo and cen subsist Indepencently, » they shall he considered separetely. When nighttime, uninhublted place or bane aggravating: 1. "When. it feciilated the corhmishion of the ccrime (objactv); or, 2. When ospecialy'sough! for by the offendur ta Insure the commission of the erime of fa. he Purpose of impunity (aubjctive): or 3. Whan the offender took advantage tharaa! for the purpose ef impunity (aubjective), Nighttime (obscuridae) ~ that ‘period of darkness teginning at ehd of dusk and ending at dawn, Nights are from sunset fo sunris + Not by. and iisel! an aggravating circurnstance, + is necessary that the commission of the crime wae begun and con.pleted at nighiime + The offense must be actually committed In the darkness of tha night, Whan the place ot Hie crime i iluninated by light, nighttime 1s not aggravating. Muraination Inay come. frovit moon, lorch, er yasera + Gircumsionca of noctuenty, aithovgh at specially sought fo1, shah aggraveto erirnin.! adiity If it faclitated the commission of the offenso oF tiv offendor took advantage of the samme fo commit thie crime, Goneral Rule: teachery, Nighttime Is absorbed in Excoption: Whos Yeochorous modo of ays aKe® fab Nae aggiav: considered by the distance nd isolatth of the pleco, is the2b 12009 CENTRALIZED BAR OPERATIONS, ténsorable possiblity of the victim recefving ‘of socuiring ald from third persons. + This aggravating e'rcummstarice should not be considersd wher, the place where the crime was committed couid ba seen ard the volze of the deceased could ke heard from a riraoy house, + must appear that the solitude of tho place where tho crime was committed was sought In order to better altuln th purpose. Band (en vundrille) ~ whenever more then thraa (Le., at Inust four) armed malefactors shall neve ‘acted tagathor in the commission of an offense, it ‘shall be daerned commited by a band. > the requisite four armed persons ‘contemplated jn thls clroumntarce inust alt be principale by direct purtcipation who ‘acted together In tha execution of the acts constituting the cvime, In this case, conspiracy lo presurned, + if one of them was a priacipal by Irducerent, there would be no cuadiifa but the aggravating clreumstarca of having acted ‘with the aid of ermed men may be considared fagalnst the Inducer if the other two acted as fils accomplica. + This aggravating clreurnstance Is absorbed In the circumstance of abuse of superior strength. © This aggravating circumstance is not applicable’ In crimes against chastity, but ia considered In crimes against property, crimes agelnst persons, legal detention and treason, «This aggravating clreumstence Is ‘niterent in | ‘brigandage, le “Amt may even refer to storie Par, 7 ~ That the erlme bo committed on the oovasion. of a conflagration, shipwreck, Sartrqueke, epidernic. or other culamity or mlefortune, Basta: Time of the cesnmission of the etme Rorson for the aggravation: ‘The tledased form of criminality met In one who, Inthe reldst of a great calamity, insteed of lending ‘ald to. the officted, adds to thelr suttering by taking adventane of thelr milefortune to debroll them, Therefore, Ils necussary that the ovfender toni advantage of the calamity or mistxtune, + ji Par, 6 = That the crime bo conimitted with the ald of (4) armed inen, or (2) poreony who Insure or atford Impunity, Basis: Means and wavs of committing the crime Roquisitos: 4. Thet armed men or persons took part in the commission of the crime, directly or indroctly. 2. That the accuisnd availed himself of thelr ald cr rulied upon tem when the ¢time was committed.” 7 + ‘This aggrovating circumstance requires that the armed men are accomplices who take part in that mirior capacity directly or Inelrectly, and nat when they ware merely present at the cime scane, Nelther should they constituie a band, for then the proper aggravaling circumstance would be “by @ band When this aggravating circumstance shall NOT bo considered: 4, When both the ettacking party and the party attacked were equally armed, 2, When the accused as well as those who ‘cooperated with nint in the coram!ssion of the crime acted under the same plen and for the RSE ea Aa avatar k Rt fee roe ane a ae Requires that more | This circumstance Is | than three armed | present even if one: ‘Atleast v0 malefactors shall | of the offenders have acted together | merely relied on in the completa for actual ans: ccoat? SRR Sadun by a neSation to Ses San Beda College of LawSun Redo College of Laws Coe eeeet Recidivist ~ one who, at the tne of his tol for fone srine, shall nave bean previously convicted by final judgment of another came umbracad In the sume tile of the RPC. Noto: A Reciaivist is entities to the benefiis of the Indeterminate Sentence Law but ia clsquallfied from availlng credit bt his praventive Impriseriment Roquisitae: 1.” That the offender Is on tal for an nffanse; 2. Thal ha was proviously convicted by final Jacgmont of another erinin: 3, ‘That beth the first end tho second offenses era ernb-acat In the same te of tia Cova 4, het the uffendur Is csviclvd of the ew Mesulng of “at thy time bt nis teal for ono crime Iie eimpléyad in its gone-8l-sense, metuding the Tendering of the judgment. tis meant to incude everything that is done In the couraa vf the tial, from airaignmert unili_ after. sentence Is announced by he judge in open cou In feciuivisem it Is suficient that the Succeeding offense te commited ‘sfter the Commission of tie preceding offense provited that at the time of his tial for the’ secosd offense, the accused had already been convicted of he first offense. + I both offanses were committed on the same date, tney shall bo considered as only one, hence, they eauinot be separetely counted in order to constituve recidivism, Alse, Judgments {of convicted handed down on tha same day shall be considered as only one conviction, Reason: Because tha Code requires thet to be considered as separate manvictions, et the time ‘ct his trial for one crime the accused shall have been previously convicted! by final jadgment of the ether. + To prove recidivism, it is necessary to oltege tha same in the Information end to altach thereto certified copy of the sentences rendered against the ezcused, + Reciulvism must be takan Into seount ro fetter how many years have intervened ~ botween the flrs and second felonies, + Even ifthe accused was granted a pardon for the first offense, but he commits another felony embraced in the same tlle of the Code, the firs: conviction Is sill counted to make him == MEMORY AID IN CRINTINAL LAW| 29 2 ‘ecidivist slo paidon does nu’ obliterate the fect of his prior convletion, + The ruta fs diferent in tne case cf amnosty which Inearetcally considers. the previous transgressions as not punishable. According fo Article “88, amnesty extinguishos the penalty and alts aitects, + People v. Logarto (196 SCRA 611}. Where the accused was cotivicted of Homicide on Soptember 18, 1983 and there sing no ‘appeal, judgment bectme final on Oclovar 1 1889 and tte second convielion was rendered en October 26, 1983 for murder, ho lee rovidivil Per 4 — That the Lotfender has neon proviously punishad (4) for an otluneo te which tho law ecaches. an equal or greator penalty or (2) for two or more crimes to which it attachos d lightor penalty. Fasts: yroater perversity of the alfender, a shown by his incination to crimes Roqulsites ot revtoracion or habituallty: 4. That the accused is on tat for an offons % That he previously. sorved sonfonce. for ‘nother offense 10 which the law aitachen an (oot the penally actualy Imposed) a, Equa! or b. Greaor penalty, of © For two of mere crimes to which it attaches a lighter penalty than thal forthe nev offense, and 3. Thatho is convicted ofthe new offense[30 J2009 CENTRALIZED BAR OPERATIONS: Four forms of ropatition aro: 1. Rocidivism (par, % Ar, 14) = where a person, on separato occasions, 's ecnvicted bf two etfenses entbraced In the same tile in te RIC. This In uw generia aggravating circumstance. 2, Relteracton or Habltuullty (par. 10, Art, 14) = whery the offender has oecn previously fhunished for’ ar, offense to which the iaw ftlaches: an equal or yrentor penalty or for two crimes to which i allaches @ lighter penalty, This is a generic aggravating elreuretanc Mul-rectdlviam or Habitual’ delinquency (art, 62, pur, 5) = whare a person within a period ef fen years trom the date of his feleace or last conviction of the crimes of serious ot Iase serious physical injuries, ronbery, thet, eatafa or falsification, is found Guilty of the! said crimes a third time or SRenes, This '$ an extsoriinary aggravating ‘aircumstance, 4. Quastrectdivism (Ad. 160) ~ Where @ persor. commis felony betare beginning 10 ‘anrva cr will serving sentence on a previous conviction for a felony. Ths Is a special eggravating circumstance. + Since reiteracien provides that the accused has duly served the sanitence for hie previous convietion’s, oF Is legaliy considered to have done wo, quas.-recidivism carnot at the same lime constitute olloracion, hence ths ‘aggravating cheumstance cannot apply to a quasi-recilvst * ifthe same set of facts constkutes recidivism and reteracion, the Habilty of-the eccused |. should be aggravated by razklivism which ean «easly be proven, Pav, 44 - That tho c#ime be committed in onslduration of a price, rewsrd or promizo, Basta: Groutal! perversity. of the offender as shown by the motivating power iselt + To censider this clreumstance, the price, * award or promise mus: be the primary + reason of primordial motive for the ‘sommission of the crime, ‘Whoae Habit Is aggravated {vl alegaa ay a: general crounetance ~ oni the lablliy of the receiver le otfecters, 2¢-ifolloged asa a the abut 6F th atfectad. fying elrcumstance ~ both giver end the recelver are + When thls aggravating circumstance is present, thera mu'rt bo two or mere principals, Pepe eee eee eee eee ee an Beda College of Lay the one who gave or offered the price or ramnise and the one who accepted it, both of ‘whom aro prinelpals, + If witout provieus promise it was given voluntarily ‘after the: cima had been commited a8 an expression of his appreciation for te sympathy and aid shown by the other accused, it should not be taken into consideration for the purpose of Increasing the penalty, +The price, reward or promise need not consist of cr refer to material things or that the same ‘were actually delvered, it being sufficient that the offer inade by the principal by inducement be accopled by the principal by droct parlcipetion befare Vie’ commission vf the “ifense, Par, 12 = That the crime be committed by ‘awwans of inundation, fire, poison, explosion, stranding of & vessel or Intentional damage thorete,, derailmant of a locomotive, or by tho use of any other artifice Involving great wasto and ruin, Basle; hoa foierorco to means and ways ‘employad. «© When ariother aggravating circumstance already qualifies the crime, any of hese aggravating circumstances shall be censidered as generic aggravating riecumstance only, + Wren there Is no actual design to kil a person In burning a house, it is plain arson even if a person is killed. Had there been an Invent to kil, the crime committed Is murder, qualified by clroumstance that the crime was ccowrrlted “by means of fre” + ‘Fire," “exolosion,* and ‘derailment of locomotive” may, of the: definition of pertculseta Settyareon, ciime invelvit inictby i images ar inne wen. genta dE EE CHF AE Dyfan Beda College of Faw Note: Risles as to the use of fre: 1. Inlant was only to burn but eoriabody diad ~ simple arson but with a specific penalty (A1t320) 2. If fre was used a7 @ meansito kil ~ murder: 3. It fira was used to cougeal the ling ~ separate crimes of arson and murder homicide + Unaer RA. 6284 which amends F.D 1800, when a person commits af erlme uneor the Revised Ponal Code or spicial laws wilh the tuze of exploaives lncding out rot limied to pillbox, molotou eecktall bombs, denctation agents or Incendiary devicad resulting in the death of a pernon, the namé is aggravating, Par, 13 - That the act bo, cummitted with ‘evident premaditation Basle: Ha. referenca to the Ways cf committing the crime, bocause evident prémeuitation implies doliberate planning of the aets Sefcre executing it Roquisitos: : ‘The prosecution must prove = 4, The thne waen the offender determined 10 ‘cori the crime; i 2, An act manifestly indicating thet the culprit hhas clung to his determination, and 3. A suffcfent lapse of time betwoen the otermination end.execction, to allow hie to rofiect ugen the consequences of his act and lo allow hls conscience 19 overcome the reaolution of his wil + The essonce of evident promeditation is that the execution ol the criminal act ls preceded by cool thought and: reflection upon the Tesolution to carry out the criminal intent witnin a space of time sufficient to avrive at a cain; Judgment. (People vs. Abadies, GR No. 136978, August 14, 2002) +» There must be sufficient time between. the outward acts and the actual commission of tho crime i.e, borrowed a bolo far purpose of commiting tha crime early In tye morning and ras Wying In wait for some time before he wacked his vi © Evident premeditation Is presumad to exist when conspiracy |s directly establis When conspiracy [a merely Implied, ovident premeditation cannot be prosumed, the latter taust be proved like ony ether fact, (Popa vs. Saplgao, et. al, GI No. 144975, Juno 18, 2003) © Promeditatior Is absortied by veward or promise but only Ingofat as tho Inducer Is coneutned since he obviously rafiected thereon 'n planning the. cine but not the MEMORY AID IN, CRIMINAL LAW| 32 peréon Induced shen one can be a principal by dicyct paitlcipation without the benaft of duo reflection. + When the offender dacides to kill @ particular person and pramedilated on the klling' of the fater, but when he carried out his pian ha acivally kiled another person, ik cannot bbropetly be sold tral he ;promediiated on the killing of the actual viii. + util tho offender premeditetod on the killing of any person, tls propor te consider against the offendir the aggravating circumstance cf premeditation, bocause whoever Is killed by him Is contémplated in his premecttation + Evident premadtation, : while Inherant In robbery, may be aggravating In robbery with homicide It the afemeditation: Included the tiling of the vietir, Par, 44 = That (1! craft, (2) fraud, oF (3) ‘disguise bo empioyed Basis; Has reference to the means emplayed the commission of tie cine Craft (astucla) ~ Involved the’ use of intellectual tuickery or cunning on the part of the eccused + itis a chicanery resorted to by the accused to ‘aid in the execut‘on of his eriminal design, itis splayed as 8 acer nthe execution the crime, Paoplo v. Da0s 60 Phil. 143, 154- The act of the accused pretending to bo bona fide passengers In the taxicab driven by the deceased, when they were not so in fact, in order not to arouse his suspicion, and then kiling him, constituted cratt, Fraus (fraucio} ~ Insidious words or machinations Used to induce thy actin a manner wien . orbed in treachery ately adopted as te(32 12005 CENTRALIZED BAR OPERATIONS San Beda Collage of ata ‘moans, methoas or forms for the veachorous aggressor and his victim were engaged sirategy, or they may co-exlst independently ageinst each othe es man to rian. : where they ure adopted for a different " ppurposs In the commission of tha crime. 1+ For abuse of superior strength, the {est is the + Forinstance: | relative strength of the offender and hls > in-Pecwe vs. San Pedro (Jan, 22, 1980), Witim, vihether or not he took edvaniage of where the accused preterided to hire the his areater strength, - ‘ driver In order to get bis, vehiele, it was + When there are several offenders hold that thers was cratt dlrecied te the participating In the crime, they must all be theft of the vehicle, separate trem the principals ‘2y direct participation and their means subsequently ised to fitack against the viclim must be concerted treacherously kil the ceiensaless driver. and intended to ba 89, ; > In Pople vs. Masiiang (uly 11, 1986) ‘+ Abuse of superior strength Is Inherent in the hoy thare was also araft where after hitching @ crime of parricide whore the husband kills the rldv, tha eceused requested ths ariver to wife. itis generally accepted that the husband : {ako them to a placa t visit sumebedy, Is physically evrorger than the wif. . when In fact they Pad already planned to + Abuse of superior strength is also present Kall the driver, ‘when the offender usec a weapon which Is but of proportion to the defense avaliable to Disgulse («ilsfrax) ~ resorting to any device to the offended pary. ‘conceal Identity «The fest of dlsgulse is whether the device of aE rae ast toby the font 84 aah Intendad to of did: make Identification more qeattent is Scat euch es the use of a mise oF false he etcment of bend | Tho gravamen of “aor beard te apprevated whan | abuse. of euperionly + But opita of the use of handkerchiet to the offense is fis tha takng Gover thelr faces, the Culpts were resognized Commies by. mote | advantage by. the | Oy the vetim, claguise. wes nat considered cor rca | cuprte of ther | aggravating, mralefactors Solective strength Io | fogerdiass of the | overpower ther flor | Par, 45 — That (1), advenlage be taken of omnarative tively weaker viel ‘auporior atrongth, or (2) means b9 employed ‘strength of the vielim | or victims. towoaken the defor Pete * Par, 16 -enunclates two aggravniing Hence, what is taken circumstances, namely, that advantaga was into account here is 4. en of superior stengih, of that means ‘not the number of were employed by the offender to woskan the aggressors nor tho defence of ine victm, iter of which qualtias at that they are a killing to murder. maecmged, Dut thelr phyeical Mpaning of “advantage be tekon”™ Te dolisoratoly sa axcessive forco that is out ot | pfoportion to the means for salfdefense avslable fo the person attacks, (Peop'e vs. Labrigus, 2 | th, GRNo, 147649, Oucumber 17, 2002) ick of the threo (3) mon all armed with pone against an unermed woman body here seventeen stad wounds, showy the presence of this circumstance. wo advantags of tuperlor strength In the following: {1 One who attacks ancther with passion and ‘obluacation dove nol take advantage of his superior stiengin. 2, When a quarrel aroso unaxaoctedly wnd the fotal blow was struck at @ time when the OOnn Ban Meda College of Kare Fxemplos of “mears empleyed to weaken dofonea”: 4 1. Whera ono, strigging with another, suddenly throws a cloak over thy hyed of his opponent tnd while In this eltuatior he wounds or ils Alm 2 One who, while’ fighting with enother, suddenly casts sahd or dit upon the latter tyes and then wouids or kills him 3. When the offender, who had the Intention jo kil the victim, mads the decsasad intoxicated, thereby materially weakening the lattes resisting power + This eitounstance i$ applicable oniy tc crimes againet persons, and sometimes ugalnst person and property, such ay robbaiy with physical Injuries or homicide. Par, 16 ~ That tha act ba committed with treachery (alavosta) Basis: Has reference to the means and ways ‘employed in the cormisaion cf the crime, Tronchery (alevosia) = is presen! when the offender commits any. of the ciimes against Serson, employing meuns, methode or foims in the execution thereof which, terid dlreelly and specially to insure its execution, without risk to himselt arising from thn defense which the offended party might maka, Raquisites of troacho: 4. That at the time of the atteck, the victim was ‘not In @ position to defend himself, and 2 That the offender consciously sdopted the parilevlar ninans, melhad or foi of altnck sempioyed by him, +The test of trsechery is not only the relative Position of the partes but. more specifically, Wnether or not the victin, was forewarned of afforded the opportunity to make a defense or fo ward off the atiack, Rules regarding trouchory: 4, Applicable unly to crimes against persoas, 2, Means, methods or forms need not Insure ascomplishiant of crime. 3. The mode of ulack must be cons: odoptad, ly * Troachery ts fakon info account oven if the crime against the person is complexed with another’. felony. “involving a different ciassifcation In the Cod ‘Tha euddenness of atfack doce nt, of Itseit, uifle to wupport u finding of alevosin, even if the purpose wos to kill, so long as the : LORY AID IN CRIMINAL LAW| 33. detision wes made all of a sudden and the victim's helpless position was accidental, + Treachery must.be eppreciated In the kiting of a child even it the manner of attack is not shgwn. it exdgté In the commission of the crfpe when the ddult parson Ilbgally attacks @ child of tender years anc causes his dacth, ust treachury bo prosont When the aggression Is continuous, twwachery must be present In the BEGINNING of the assault: (Pecpla vs, Manalad, GR No, 128593, August 14, 2002) + Thus, even If the deceased was shot wivle he was lying. wounded on the ground, It ‘sppearing that the firing of the shot was a. ‘mere contnuetion of the deseut In whlch the deceased was wounded, with no appreclabio time Intervening between the dolvery of the blows ‘end the firing-of tha shet, it cannot be sald that the crime’ was ‘altended by treachery, + Whon the nesault was not comiinutus, In that {thoro was ‘interruption, it ls sulficiont hat ‘reachnry wae present at the momont tha jal blow was given.(US vs. Baluyot, 40 2813) » Hence, even though In thé Incepllan of ‘the aggression which ended in the doath of the deceased, treachery was nol proseni, if thera was @ break in tho continulls of the aggression and at the lima of the fatal wound was tnfletoct on the dossased he was dafansuiass, tho circumstance of treachery snust be taker into acount. ‘Alovosia should be censored oven i 4. The Wot we rot predetenniaad but tire was a gonerle intent to treecherousl wil ory frst two persony belauging te a clase, “te dation. ie bulot nt Hod, (Thal)3412008 CENTRALIZED BAN, OPERATIONS ‘Nighttime * Treachery cannot co-exist with passion or obfuscation (Paople vs. Pansensoy, GR No, 140634, Sept. 12, 2002) Par. 27 = Thai’ sonns be employed or circuinstancos brought about which add igivominy to the naturel offects of the act. Gaels: Has roferance (o the meuns employed in the commission of the cilme, Ignomiay - a circumstance pertaining to th. ‘mora! crder, which adds dlegrace and obloquy to the matarial injury caused by the crime Note: This Is Inherent in libel and acts of ssciviousness, Moening of “whlch add ignominy to. the natural fects thuroot” The means omployed of the clroumstances hrought about muet fend to make the effects of {he erimo more humilating to victim or to put the fottentind party to silane, o¢ ad. t0 his moral suffering.” Thus it Is Hnoorrect 10 appreciate Ignominy where the victim was already dead when his body was dismembered, for such act pray not be conoidered to have added to the + victim's moral suffering or numiiation. (People ‘vs, Carmina, G.R, No, 81404, January 28, 1991) ‘+ Killing @ man In the presence of his wita does not constitute ignominy as there no means was employed nor: did any: cirsumstance 1 ‘surround the act tending to make tre effects af the erie more humiating, (3 v. AbPiga, phi #17) But raping avn Ih the prosance ot the husband shows. ignominy and aygravates the offense. +. Appllzabia to: (4) cies agalnst chastity, (2) tees serious. physleal Injuries, (@) light or grave coercion, ard (4) murder. 57 par. 49~ That the crime ba committed aftor an © unlawtul entry, i / Baste; Hai raference to the meuns ‘employed In the commission af the'erime. dw +." Uninwvtul entry = when an antrance is etfactés by { aty not intended for the purpose Unlawful eniry must be @ means to effect fntance an hot for escape Reasor for sagravation: One who acts, not reupecting the walls eractod by ten fo guard thelr property and proviae fur their Personal safety,. shows 2°groater perversly, a frenter audacity: hence, the lave punishes hm with more severity. “7 = San Beda College of Fads Untawful ontry Ie inhorent [nt 4, robbery with the use of force upon things 2, trespass to dwelling Par, 19 ~ That as a moans to tho commission ff a crime, a wal, roof, floor, door, or window bo Lroken. Basis: Hes reference to means and ways ‘emaleyed to commit te crime, + This circumstance is aggravating only in those caves whero. the ofiender resorted to any of said means f0 enter the house, if the wall, ete, [s broken In order to get out of the place, it ieno: an aggravating circumstance Ai iPeaeacaaoh Tk. Involves the, Presupposes shat Dreaking there is no such (rompimionto) of tha | broaking as by entry enumerated parts of | through the window the house. + If the “offender broke a windew to enable himself to roach a purse with money on the table neur that window, whien he took whlle is body was outside cf the building, the crime of the was attended by this aggravating circumstance. it Is not necessary that the offender should have entered the bullding, Par. 20~ That the crime be committad: (1 with tho ald of zersons under _ fifteon years of ago, or (2) by means of motor vehielag; alrships, or other similar means, Brsis: Has reference to the means and ways B27 racinios id means 2 purpose > moter vehiele (1) InBeda College of Low gping to the place “ot the crime, (2) in Carrying away the affecte theres, and (3) intacitlating thelr estape, Moaning of “or other simul moans” Should bs undersinod as réforring to motonzed Vehicles cr other efficient means of trax.sportation, similiar to aulornotite er elrplana, Par, 24 = That thy wrong done In the commission of thu crinfe bn doliburatoly augmynted by causing other wrong not necessary for Its commission, Basis: Has reference to the ways employed in the commission of the erima, Crunlty ~ there Ie cruelty when the culprit anjoys ‘and delights in meking his victim sufter slowly ang gradually, causing unnecessary physical jain In tho consummation of tha erin! act. Requisites of cruelty: 1, That tne Injury caused oe ncroasod by causing othr wrong, 2 That the other wrong beunnecassmry ‘or the execution of the purpose ot the offarider doivarately © Cruelty is rot inherent in crimes against Persons. In order for It 10 bo appreciated, there must ba vositive proof Inat the wounds found on the body of the villin ware Inflictad whila he was stil alive In ordei unnecessarily to prolong physical aultering, Cruelty is inherent In muttlation, © ‘Number of wounds nine doen not show cruelly, if being necessary 10 show thal the uccused —deliberalely and inhvinarly Increased. the «sufferings of the victims, (Peopio v. Aguinalde, 85 Phil. 610, 616-616) » It the victim wes already deac when the acts of mutialien were being performed, this would “piso quality the kiling to murder cue to “outraging of his Corpse, Involves suffer suffering Refers to ‘8,, Unita taitigating clrournstances (par 10, Art 13), Whare-is_no_ provision for aggravating circumstances: of a similar or analegous character, MeenOnY AND I CIAL Law 35 OTHER AGGRAVATING CIRCUMSTANCES UNDER SPECIAL PENAL LAWS, Under the Intivence of Dangtroiis Bitige Sec, 17 of BP, Big. 17° promulpated on March 2 1882 provides " “The provision of any law fo thé . conteary notwithstanding, when a crime ts commited by an citender who is unde: the Influence ¢f dangerous drugs, such state chall_be considered a3 ‘qualifying aggravating clredmste nce," Uso of Uniicbnged Flrearin = Suc. 1 par, 3 of PD No, 1966 a8 amianded by RA. 2296 says that If homicide or murder Ia committed with tha usa of an unlicensed frearm, such use of an unlicensed firearm thall to considered 04 an aggravating clreuinstahce, 500.3: thereof provides that when. 4° parson ‘commits any crim under the Reviséd: Penal Coca or special laws with the use of, explosives including but rot limited to pitbox, mélotov cocktail boribs, denotation agents or incendiary devices reauting In tho death of a parson, the sonie Is aggravating OrganizediSyndieated RA. 7559 The maximum penalty shall be Imposod If the cofense wae committed by any’ person who belongs to an argarizod/syndieated rime grove, Crime Group under ‘An organized/syndicated crimo group! means a group of two or more’ persons. collaborating, bafedereting or mctuay helping Gne enether for the purposes of gain In the commlasion of any crime. (Ac. 25, R.A, 7059) ARTICLE 46 sR STANCES cre . conser ————36 |2009 CENTRALIZED BAR OPERATIONS Rolatlonship "The alternative circumstance of reletionship snatl” be talter, Into considatatton whan the offencid party Is tho ~ Bi ‘Spouse, ‘Aacandant, Descendant, 1 Legitimate, ‘natural, or adopted brother ur sister, or Relative by alfinity In tho sume degree of the offender. (thor re‘ativos Ineludad: 1 ‘Tho relationship of stepfather or stepr other tend stopson or stepdaugater. Reason: It is the duty of the stepparents to bestow. upon’ their stepchildren a mother'sifather's ‘a‘feution, care and protection, San Beds College of Lato WH Is ritigating when the offense Commited Is less serious physica! Injuries or slight physical injuries, if the offended, party Is a relative of @ lower cagrao; and aggravating If the offended Farty is a relative of a higher degreo of the otfencer, . When ihe crime Is homicité or murdar, rolationship Is aggravating, even if the Vialim of the crime Is @ relative of a lover degree, 4d. In tape, relot'onship'ls aggravating where a stepfather raped his stepdaughter or in a case where o fother raped his own daughtor, In crimes against chastity, Ike acts of lasciviousnéss (Ar. 336), ‘relationship is always aggravating, regardless of whether the offender is a rolative of @ higher or lower cegree of the offended party. 2. Tig relatlonship of adopted parant and ‘© When the qualifca'ion given to the crime ‘opted ehid, is cerived from tho relatlonship between the oflender and the offended party, it is ‘+ But tha roletionehip of uncle and niece is not rlther maligating . nor aggravating, * coverod by any of te relationship inentioned Cacause it is insdparable trom and innoren’ In the offense. (0.9. portickte + When ralatlénship mitigating and when ‘eduitery and concubinage). aggravating: When Intoxication mitigating and when 14, In crlmesugeinst propery, a8 @ rule, aggravating relationship ts mitigating, by anatogy to tha 4, Mitigating = froulsons of Art 992, 2° Thus, relallonghip ie iilgating ‘9, the crimes of roabary (Aris, 294-302) usurpation (art, 972), fraudulent insolvency (Art, 914) and arson (Arts. 221-322, 325-026) 3 Relationship ts exempting In the crimes of theft, estafe, end malicious mischief (47. 332) {p crimes gasinst nersons: a. It ls aggravating where the offended party lo arelatv t |. @ higher dogree than the offender, or 4h, when the offerder und the offended party are relatives of the same level (og, brothers) b, But when it comes to any of the ohysicat Injuria iia: eggravatng when tho, scime * edalst peraana fe serious physical «ee Ma aso) even ite "pices party fea descendant of the ‘tender. BU tye serious physical injures. must not te lnicted by 2 arent upon his cid by excessive Ehastnement 2 2, Ifintoxicaton is not hebitusl, or i, Wf intoxleation ie not subsequent (0 the plato commit a felony. 2. Aggravating = ‘2. IFintoxication ts habitual, o- b. INL Is Intentional (subseouert to the plan = urinks fully, knowing a BagUred ‘by satisfactory evidence, 17the abgohco. of proof to heHin Peon College of How 7 contrary, itis prnsunied to Le non-hubival or Unintentional. Instruction or Educution , + Asan alternative circumstance, doos not refer only to ilerary but more to the level of Intaligence of the necused + Refors to the ‘ack of suifcient intollgence and knowledge of the full significenca of one's acts + Low degree of instrucilon and education or lack of itis generally nitigating, High degree ¢f Insiruction end eduéation Is aggravating, When the cHlender took advuniene of his leaming In commiting the erlme. General tuto: Lack of, sutficiont education Is mitigating, Excoptions: 5 4. ‘Crimes against property (o.9. arson, stata, then, robbery) 2 Crimtee against chastty, and 3, Treason ~ because lov’ of country should be ® natural feoiing of avery clizen, however Unlettered or uncultured he may be, 4. Murer, 5, Rage (Malesa v. Director of Prisons, 69 Phil 406, £08) ARTICLE 16 WHO ARE CRIMINALLY LIABLE For grave and fess grave felonies: 44. Prinelp 2. Acvoingtices 3. Accessories For light felonios: 4. Plincipals 2. Accomplcos © Punishable ONLY WHEN consummated, ‘* Accessories ary NOT llablo for light ‘elonies, Rensan: In tha commission of ‘ignt felonies, the nein, wenng as wall as the Inciidval prejudice Is $0.¢mail that penal sanction is deemed not necessary for accessories + The classification af the offendirs as principal, accomplice, or an accessory Is essential under the REC, Tne clusaiication may be applied to special laws only it the latter provides for tho sama graduated penalties 2s those provided under zie HPC MEMORY AI IN CRIMINAL LAW] 47 Two Fartids In ali crlmas: 1. Activa wubfuct (ne ériminaly + Aul. 19 erumeratos the ective eubjects of the erim + Only nateral persons can be’ the active subject of crime because of the highly personal. ‘nature of the. erlminal Donsibily. . Reasons: @. Under the RPC, persone act with personal mjatlce "or arilfeial persons cannot: act with malice or negligence b, A jurléleal person ike a corporution cannot comet a crime thal roquires \wiitul ourpese or melfolous Intent & Thera is substitution of deprivation of liberty. for pecuniary penalties in Insolvency cases. d Other penalties Ikke desiioro and imprisonment: are executed on Individuals only 2. Passive subject (the injured party) + the holder of the Injured right: the man, the Juilslc person,rthe group, and the State + Corporation and partnership can be a passivo tubject of a cime, + Corpses and animals canno! be passive subjects because they have no rights that may be injured. Excoption: Under Art, 263, the crima of defamation may be committed ,If the Imputation tends to blacken the memory of ane whois dood, This38 |2009 CENTRALIZED BAR OPERATIONS Par, t ~ Principals ky direct participation Rouulsites: 4. That. they: partispeted In the cviminal resolution; and 2 That they carried out ther pian and personally took part In lis execution by ects which directly ended to the same end, we When the seconé requisite is lacking, there Is ‘ofily eonspiracy. |? in conspiracy.’ by prior agrosment, tho prinelpal by direct participation who doas not appear at the econo of tha crime Is NOT Hablo oon 4.. His non-appearance Is deemed: desistance +” which is favored and encouraged 2, Conspiregy s generally nct a erinie unfeus the law speciteally provides a penaity therefor. (Art 8) Taus, by merely conspiring, the would be perlelpator has not yet cummitted any crime unless ha would apyear at tie scene of the crime:and perform any act directly or indkectly In the accomplishment of the conspiracy; 4, Therd Is nd basis for criminal labity because there fs no criminal partielpation. Moaning of “personally took part in its oxocution” ‘That tho principal by dlract oartiolpation ust be at the scena of the commission of the crime, personaly taking part is its execution except when there Is conspiracy, and the principal by direct pattleipation has already performed his part prlor fo he actual commission of the cvime, Paz, 2 Prinelpals by Induction Roquisltes 4. That the Inducement be made direstly with the lateatlon ct procuring the commission of the crime; and that such lnc‘icament'be tha determining cause of the commlesion of the crime by the ‘moterial executor. ‘© One cannot be liakd gully of having insilgatod tho. commission of the. crime without frst eing. shown thit the crime was eowally .* cammitiad (or pttempted) by another. “Tan re on ba NO ‘principal. by Inducamant (6 by Inciapensable cooperation) Uniers thers (8 a principal by direct partoipation, But thera can be a principal by rect participation without a principe! by Inducernent (or by _Indispensablo ‘cooporation). san Beds College of Zaty + The inducement must be the determining ‘cause of the commission of the erlme by the 31 by direct participation, that is without ‘ucement, the ctime would not have been comunitted The Induzement must precede the act ond must be so Influential, hance if there Is a price or. reward Involved, without prior promise, thera.can be no inducement + Ifthe crime committed is not contemplated to the.order given, inducement Is not material ‘and not the deldrmining cause therecf. ‘Two waye of boceming principal by Induction: 1, By directly forcing encther to commit.a crime by: oS a. Using iradistible force. Itrasistible Force ~ such physical force as: would produce an effect upon the Individual “hat inspite of a! resistance, i redutes hin to a mere Instrument, b, Causing uncontroliable fear. Uncontrollable Fear = compulsion by means o! Intimidation or threat that promises an evil of such gravily and ‘eminence that the ofdinary man would have succumbed to kt, (U.S. vs. Eiicenal, 35 Phil 209, 212, 213. + In these cases, there is no conspiracy, not even. a unity of criminal purpose and intention. Only ‘the one Uslig the force or ceusing the fear Is criminaily flable, The moteriai ‘executor Is not criminally liable because of Art. 12, pars. § and 6 (exerrpting circumstances) Aerts li es22 Beda College of Zw eee eet Requisite: i ). That the ne utering tha words of command must hava the Inontion of procuring the ccmrslsston af tne cvime; & Thet the one whé mace the command must have an ascendancy or infivence var the person whe aciect lil That the words used must be 80 rect, so elficdcious, so powerful ae ie mnt te oiysleal or meral cgercion, Wy. The words of cominand must ba uitered prlgr to the commission of the alma: The materia: executor of the crime has no Personal reason ‘9 tonimit the «rhe. 9 Indueemunt mukt precede the act induced end inust be se. Infverlial im producing the criminal ct that without it, the acl would not nave need performed + IT te person who adiueily commutes wrime had reaser, of hls own te con Grime, it cannot be said Urat the InJucement ‘was influential in produzing the criminal ac. Becomas “Hable [The more repost’ > only when the | commit a felony crime fs coramitied | purishabie i ireaavn o by the princigat tw | rebelion.” However, te Gerct person te wht patliination, Proposal Is otherwise, the propenent bocomes a principal by itluesment, TEED SATIRE any erin | Tho pris enty te Ssundeten Gr com 2 Lett tre) Eee Effects oF acquittal of participation upon Iniducoment: 1. Conspiracy Is nagatad by the anuitin uf 20 defeat, 2, One cannot be held gully 2f having matigatiat tha commission of a crime witncut tirst being shown that the crinie hag been actuhy committed by sxether, + But if the ona charged as prinviyal by dvect participation is nequitied ue-nuse he acted withwul erinanal stem or malice, rect Provipal by princhyal by haaity at SAEMIORY AID IN CRIMINAL LAW| 39 bis ncgilital Is net a gtouind for the ‘AcaUIal Df the prinelpnl by Inducoment Reason fr the rule: tn’ exempting circumstencos, such us wher! the act Is ol voluniary bavause of lack of inert on the part ef the accused, there isu ciime. coinmited, only that the accused in not. crtninat . Par. 3 (= cooperation Principal by Indispensable Roquisi 1. Pan ipation In the criminal resolution, thet i, there Is elthar anterior eonapinaey er unity 9 riminat purpose and incention hnniediately botore thw commissién of the fies chei-yoc + Reguwas patticipetion in thi evininat + There must be conspiracy on/currence is sulfeient + Cooperaiion is Indispensable 2 Cooperation in the commission of thy offense Sy performing another act, without svi! it would not have been accomplished. + Cooperation must be indispensible + Ht Gispensabie, accused is only au accomplice +H cooperation is necusmy mi the @recuimn of the offense, accuse ts considered as at puaelgal by sli ppaeepattin Aownin of “cooparaton in tho comninlasion of thing, Gut that eorrmon wi or purpose. does hc recs aint a's i Ngponse ea aR fn HA Cdn ty obiAD MRA thal Olly on My ion by tov Spals by iF csi salve criminal40 12005 CENTRALIZED BAR OPERATIONS lndividunt Criminal Responstotlity + Inthe: abesnce of any pravious conspiracy, nity of erlminal purpose , and intention innmedlately befere the commission of the ‘ erima, or community of criminal design, the Grinieal raspensiblty ising from cifferent ‘ets. directed against one and the seme person Is individual and not colectve, and bach.of the pertoloants Is lable only for the aot committed by him. ARTICLE 10 ACCOMPLICES Aecomplicus ~ ara pareoné who, not acting as principals, ‘cooporate in the exscution of the offense by previous and simultaneous acts, which fare iat indispensable to the commission of the crimes: ‘They sct as mera instruments who perform acts not essential \o the perpetration ofthe offense, Requisite : 4, Thet there be community of design; that is, knowing tha erminal design of the grineipal by dlrect paneipation, he’ concurs with the later hie purpose; Mera kriowledge of the criminal resolution «” only and rot coneurrance or participation '2, ‘That he cooperates In the execuion of the offense hy previous or simultansous acts, with the Interilon of ‘supplying matertal or Thoral ald In the execution of the aime In an ffiesctous way; end ‘That there bea relation bolweon: the actn one by the principal anc those attibvted to the person chaigert ax an accomplice. + Before there could be an accomplice, there ‘must be a principal by direct pertle/pation, ++ The oereen charged as an accomplice should ‘nat hove. Infeted a-jortal wound. if he Infioled a! mortal. wound, -he becomes a 5. prineinal by direct parleipation, «In cate: of doubt, tra participation ‘of the otfonder Wil be" gonsidered that of sn __ fecemplicg rater than that of principal, pera insoth they a “Thay emai know about after) the Frinelgala have ‘They come 10 know tha criminal intention because they Fechad tha | themselves ave [[Sesision, ancl only | decitsd upon such | fen 86 tne area | courte of ation, (to_cooporate_in, "is oH Qe Sau Beda College of Law They ard” metaly | They are tne auihors Instruments who | of a crime. perform acts not essential fo the perpetretion of the offense, aes a ARTICLE 49 ACCESSORIES Accossorles - are those who: 4. Having knowledge of the commission of the erune; and 2. Without having partielpated therein either as principals, of accomplices, take part subsequent to is commission In any of the following acts; a. By profiting themselves or assisting the offender to profit by the effects of the crime. + In profithg by the effects of the elma, the accessory must recelve the property from the principal, He should rot take it without the consent of the principal. If he took it without the fconsenc ef tha principal, he Is not an accessory but a principal in the crime of then. + Knowledge of the commission of the cfime after acquisition of stolen property Is sufficient. b, By concealing or destroying the body, effects or instruments of the aime 19 preventits elscovery. “Body of the crime’ Is f i, AUF re 1san Beds Collsyt of Lat MEMORY AID IN CRIMINAL LAW} a3 RE MEMORY AID IN CRIMINAL ALY 42 Two clesses of accessories contemplated in Par, of Art. 19: 1. Publi utfisers wo harbor, conceal or aésist In the escape of the princigel of any errne {mot light felony) with abuse of his. publ functions Roquisites: a, The accessory Is a public cfficer, b, He harbors, coriceals, or assists in the scape of the prinelpal, The pubile chlcer ects with obvse of his public functions, 4. The crime committed vy the principal is ‘any crime, provided itis not a ligh: eiony, 2. Private parsons who harbor, ccnuoal of assist in the escape of the author af the crime wig 's guilty of treason, parricide, murder, or attenapts against the life of the Prvsidunt, or who .$ known to be Rabltually gully c! some other crime, Requisite i 2. The ancesscry is A private person, b, He harbors, conceals or assists in me escape of the author of the evime The crime committed by the principal is viher: (TPSMAH) i. Treason: I Pareside; li, Murder, \. An attempt against the tite of the President; of ¥. Thet the’ prineivat is known to ve hrabltually gully of soma other crime, + Where the alleged principal ws acquitted, it is neither proper nor possible to convic! the datundant as an accessory. Tho responsiblity Of the acceasory ie subordinate to thst of the principalin a sma, HOWEVER, conviction of an uecessory Is ossibia noivithstanding the acquittal of the: Principal, ithe crimy was in ‘act comnitteu, but the principal was not held hie, because of an exempting clroumstance (art. 12), such «8 insanity oF minority, + Nother the teller nor the spint ot tho law ‘requires that the principal be convicte:i before ‘ane may be punished as an accesiory. As ‘ong es the corpus cecil Is proved and the aceessory's parfielpation os such Is shown, he Can be held criminally responsible and ‘metco out the vorresponding penalty (mover vs, Coronel, CA, 65 0.G. 2169), + The presctibed acts of the ncgessory under par. 2 must have been Intendad (0 prevent the ‘Glsceery of the crime: tienes” more sitenco Is HOT pubishabie Exceptions: ah, however, the crime ’ Involved Is conspiracy 19 conumit ireason, Ns silence. may hold him’ able for nilaprlston of foasor (Ait. 176): but as a principal thareot . Knowingly earicaaling the ‘evil practicos fenuiniorated in Art, 142 Is also punishable, 48 @ piinolpal in Inciting to Sedition (Art. 142, Wher the accused misteads the authorttios by giving them. false information, such act i equivalent <> concealment and le shoud be Ais an accessory, ANTI-FENCING LAW OF 1)79 Presidential Docroe 4612 Foneing = on act, with intent to gain, of buying, selina, receiving, possessing, keeping, or in any ‘ether manner dealing in anything of value which @ person knows or should have known to be erived {om the proceeds of the crime of robbery or ther Fonce ~ a person who commis the act of fencing, A Fetico who recelves stolen property es above. provided Ia not ay aceossory but a principal in the crime delned in tid punished by the Ant. Fencing Law + Mere possession of anything of value which hhas boen the subject of robbery or tholt shall be prima facie avidance of fencing RUGTION OF SRS, cs en 6 EOE ictN Fadi, prebghistin of arvent, "Here, he shal! beie 42,]2009 CENTRALIZED DAR OPERATICNS punished eso rincioal in the crime of 1 obstruction ofjustiea, mK E The principal whe | The person who was was! assisted | assisted committed committed only any’ of | any crime the enumerated felonies unless the | accessory is a public | office’ who acte with ‘abuse of publlo functions _ The crime committed by the principal must be under the RPC. i corned dy the. prinepal is Funlshable under eny existing penal. law, _. Ineluding the RPC. ‘iho pardon who Gave | The person wno gave assistance ls | easistance ‘8 puilshed as an punished asa accessory Inthe | principal in the crime offense commitiad by | of obstruction of tne principal juste Nolo: For futhar discussion-on PD. 1829, see ‘section on Special Panal Laws, ARTICLE 29 ACCESSORIES WHO ARE EXEMPT FROM CRIMINAL LIABLITY ‘sna exempion provided fr inthis antl fs based “on the ties of blood and the:preservation of the Icleantiness of one’s name, which compels one to ‘conceal crimes committed by (elallves so near as “those mentioned ia th’s antcte. An accessory Is exempt from criminal liability whon the prine}pal is his ~ 4y,.0pouse, or 2, escendent, oF { BY sdescendert, or 4! leatimats, netural or adopted brother, sister ‘or relative by affinity within ta ame degree. 1s NOT!-exampt from criminal {lability even if the principal js reiated to him, Wauch assossory: 4; profited by tha offecté ofthe ertme, ot 2,, assisted the offender to profit by the effects of the ere, Rendon: Becatiga stich acts aro prompted not by lion but by a detestable greed fhe publlo officer conteinpiated in par. 3 of or last conviction of the crimes of serious of loss serious physica! Injuries, robbery, thet, estate, or falsification, is found guilty of any sald crimes a third time or oftaner MEMORY AID IN CRIMINAL LAW] 43, Ex post facto law + an act which vihen 2ommitied was Nol a crime, cannot ba made so py stutite without violating the constitutionsl Inhibltion 0 to ex past facie laws, ‘Atv 2x post facto evr is one wie ‘akes criminal ari get done belore the passage of iho law and which wes inaecont when done; ; 2. Aggravaten e siime, cr makes It grhater tran twas, when committed, 3. Changes tie punishmant and Inficts a groater Punishment than the law annexed tothe crime when committed; 4, Alters the legal rules oI evidence, and authorizes conviction upon a lost or diferent lestimony than tho law required at the tine of ‘the commission of the offense: 5. Assumes to ragulate cil righie end remedies only, in effect imposing 2 penally or eprivainn of @ right for. something which when cone was lawful; ana 6. Deprives a person accused of a etme of some laviul protection to which hu ints bbecome entitled, such as the protection of a former convetion or. acquittal, or a proclamation of amnesty, + A celroactive effact of a new .aw is justified, t shall apply to tre defendant even ithe i 1. prasently on trial for the offense; 2. hes already been sentenced but service Df which has not begun; or 5. already serving sentence. + The retroactive affect’ of criminal statutes oes not apply lo the culprit’ eivi liabily Foe Sa aa orale atece gat tbs (su coc be RDIEN cow's exes sO AInapelbeene Grkbdadirigy ay 59 “ BREF ae le not Nee otfonses ale st punishalfe in the réyfealing penal law. aS"n-f4.|2009 CENTRALIZED BAR OPERATIONS ‘2, When the repeal ia by Implication; or » When a penal law, which Impliecty repealed an old law, Is iself repecied, the repeal of the repealing law revives the prior penal law, unless the tanquage of the repealing statute provides otherwise, If tia repeal is absolute, criminal tabiity |s obliterated. 3, Whoivtherd lo a vaving clause, When tho repeal it absolute, the offense 2 ‘oggasea .fo- ba ctiminal, (Facple v, Temayo, 61 Phil, 226) INO retrooctive effect of panal laws as tegaids Jurisdiction of court. The Junsdiation of the -court to try a ériminal action Is 10 be determined by the law In force at the time of Tnatiuting’ the action, wat at the time of the corfinlssion of the crime, © Uurisdiction of courts in criminal cases Is determined by the allegations of the complaint i Information, and ‘not -by the findings the court may make after trial. (People v, Rome, 87 Phil, 641, 642) . ARTICLE 23 EFFEOT OF PARDON BY THE ‘OFFENDED PARTY Ganerat rule: Pardon by the offended pity does NOT oxthnguish the criminal labilly of the offender, Reason: A crime cammitted Is an offense against tho State, Only tha Chief Executive can pardon J the offenders, Noto: In otiriina! cases, the Intervention of the ‘aggrieves partes Is iimited 9 being witness7s for tha prosecutlon, © “Compromise ‘upon the civil llabilty arising 4rom an offense may be had; but such ‘compromise shall not extinguish: the public action for the Imposition of the legat penalty (at, 2034, Chul Coda) +" A-contiact stipulating for tha renunclavan of the right to prosseute an offense or waiving the eriminel iebiity ls VO!O. (Arts, 1306, 1382, 1409, Civ Gode) 7 \_ Rxseptlon: Pardon by the offended pany will bar criminal prowneution Inthe fovovrng cies: Adultary'and Goncublriaye (Art. 944, RPC) «EXPRESS or IMPLIED pardon must be given “by offended parly to BOTH offenders, San Meda College of Law + Pardon must be given PRIOR to Institution of criminal action: ° Seduction, Abduction, Acts of Lasciviousness (art. 344, RPC) + EXPRESS ardon given by offended party or her parents or grandparents or guardian Note: Pople vs, Lecson ([CA] 85 OG 9460) held the pardon by the parsnts, etanding aiona, is efficacious, 00, the express pardon ‘ofa person guity of allempted abduction of minor, grented by the latter’s parents, Is not sutficiant to remove criminal respons}, but must be accumpanied by the express pardon of tho git herseit, + Pardcn must. be given PRIOR to the Institution of the criminal action. However, Toarriage Uetween the offender: and the olfended party EVEN AFTER the institution of the criminal action of conviction of the offender will extinguish the critainal action or remit the penalty already Imposed agelnst tho offender, hls co-piinzipals, accomplices, and accessories after the fact. Note: Not applicatie In rape; where there are two cr more principals Involved and in case of sivliple rape, : Rapo (as amondad by R.A. 8353) The subsequent valid mariage between the oifender and the offended party shall extinguish ceiinal Nabilty or the penalty imposed. In case the legel husbend.is the offender, subsequent forgivencss by, the wile as offendad party shail ‘also produce the same effect, = Parton by the offanded petty under Art. 244 8, la,cyiminal prosecution; it is