CRIMINAL

LAW 1 7. No person shall be twice put in

MIDTERM REVIEWER jeopardy of punishment for the same
offense twice
Criminal Law that branch or division of law 8. Free access to the courts and quasi-
which defines crimes, treats of their nature, judicial bodies and adequate legal
and provides for their punishment assistance shall not be denied to any
person by reason of poverty
Crime an act committed or omitted in
violation of a public law forbidding or
commanding it.
this is in violation of a general law
does not only mean an act of doing, Statutory Rights of The Accused:
but also of not doing
1. To be presumed innocent until proven
Sources of Philippine Criminal Law: guilty
(R-S-P) 2. To be informed of the nature and cause
of the accusation against him
1. The Revised Penal Code and its 3. To be present and defend in person
amendments and by counsel at every stage of
2. Special Penal Laws proceedings, from arraignment to
3. Penal Presidential Decrees issued promulgation of the judgment
during Martial Law 4. To testify as a witness in his own
behalf but subject to cross-
Limitations on The Power of the examination on matters covered by
Lawmaking body to Enact Penal direct examination
Legislation: 5. To be exempt from being compelled to
be a witness against himself
1. No ex post facto law 6. To confront and cross-examine the
2. Bill of attainder witnesses against him at the trial
3. Law that violates the equal protection 7. To have compulsory process issued to
clause of the constitution secure the attendance of witnesses and
4. Law which imposes cruel and unusual production of other evidence in his
punishments nor excessive fines behalf
8. To have a speedy, impartial and public
Constitutional Rights of The Accused trial
(Article III, Bill of Rights): 9. To appeal in all cases allowed and in
the manner prescribed by law
1. Right to a speedy disposition
2. No person shall be held to answer Characteristics of Criminal Law:
without due process of law (G-T-P)
3. Right to bail shall not be impaired even
when there is a suspension of the 1. General it is binding on all persons
privilege of the writ of habeas corpus who live or sojourn in Philippine
4. Right to be heard by himself and territory
counsel, to be informed EXCEPTIONS:
5. No person shall be compelled to be a a. Treaties or treaty
witness against himself stipulations
6. Excessive fines shall not be imposed, b. Law of preferential
nor cruel, degrading or inhuman application
punishment inflicted c. Principles of public
international law

Persons exempt from the operation of our accused, then it can be
criminal laws by virtue of the principles of given retroactive effect.
public international law*:
I. Sovereigns and other chiefs of
state; EXCEPTIONS TO THE EXCEPTIONS:
II. Ambassadors, ministers a. where the new law is expressly
plenipotentiary, ministers made inapplicable to pending
resident, and charges daffaires actions or existing causes of action;
*exempt because of the agreements of the b. where the offender is a habitual
United Nations due to the fact that these are criminal
the representatives from one government to
another government. *always remember that the penalties should be
*a consul is not entitled to the privileges and LESS EVIL when the accused is NOT A
immunities of an ambassador or minister, BUT HABITUAL DELINQUENT.
he is subject to the laws and regulations of the
country to which he is accredited. Construction of Penal Laws:

2. Territory undertake to punish crimes 1. Penal laws are strictly construed
committed within Philippine territory against the Government and liberally
EXCEPTIONS: in favor of the accused.
a. offenses committed while 2. Construction or interpretation of the
on a Philippine ship or provisions of the RPC, the Spanish
airship; text is controlling.
b. forging or counterfeiting
any coin or currency note of
the Philippine government
or obligations and securities
issued by the Government of
the Philippines;
c. liable for acts connected
with the introduction into
the Philippines of the
obligations and securities
that are forged or
counterfeited;
d. offenses committed while in
the exercise of their
functions as public officers
or employees;
e. offenses committed against
national security and the
law of nations (Title 1, Book
2, RPC)

3. Prospective penal laws cannot make
an act punishable in a manner in which
it was not punishable when committed
(EX POST FACTO LAWS)
EXCEPTIONS:
a. when a new statute
establishes conditions more
lenient or favorable to the
ARTICLE 1. This Code shall take effect on atmosphere, its interior waters and
the first day of January, nineteen hundred maritime zone, but also outside of its
and thirty-two. jurisdiction, against those who:

Theories in Criminal Law: 1. Should commit an offense while on a
Philippine ship or airship;
1. Classical Theory man is aware of 2. Should forge or counterfeit any coin
right versus wrong, but chooses to or currency note of the Philippine
commit a wrong in which it is thereby Islands or obligations and securities
punished as vengeance for a wrongful issued by the Government of the
(or criminal) act Philippine Islands;
3. Should be liable for acts connected
Characteristics of the classical theory: with the introduction into these
Islands of the obligations and
a. basis of criminal liability is securities mentioned in the
human free will and the purpose preceding number;
of the penalty is retribution; 4. While being public officers or
b. man is essentially a moral employees, should commit an
creature, and placing more offense in the exercise of their
stress upon the effect or result of functions; or
the felonies act than upon the 5. Should commit any of the crimes
man, himself. against national security and the
c. Establishes a mechanical and law of nations, defined in Title One
direct proportion between crime of Book Two of this Code.
and penalty.
d. Scant regard to the human RULES:
element
1. Philippine Vessels
2. Positivist Theory considers the a. Still considered within the
factors that could have caused man to national territory even if
commit a crime, such as hunger or beyond three miles from the
extreme poverty seashore
b. Must be registered in the
Characteristics of the positivist theory: Philippine Bureau of Customs
for it to be considered as a
a. man is subdues occasionally by a Philippine vessel or airship
strange and morbid 2. Crimes that may be committed in the
phenomenon which constraints exercise of public functions
him to do wrong a. Direct bribery (Art. 210)
b. crime is essentially a social and b. Indirect bribery (Art. 211)
natural phenomenon, and it c. Frauds against the public
cannot be treated and checked treasury (Art. 213)
by the application of abstract d. Possession of prohibited
principles of law and interest (Art. 216)
jurisprudence nor by the e. Malversation of public funds or
imposition of a punishment property (Art. 217)
f. Failure of accountable officer to
ARTICLE 2. Except as provided in the render accounts (Art. 218)
treaties and laws of preferential g. Illegal use of public funds or
application, the provisions of this Code property (Art. 220)
shall be enforced not only within the
Philippine Archipelago, including its
 h. Failure to make delivery of Felonies are acts and omissions punishable
public funds or property (Art. by the RPC.
221)
i. Falsification by a public officer Crime are acts and omissions punishable
or employee committed with by any law
abuse of his official position
(Art. 171) Act any bodily movement tending to
3. Crimes against national security produce some effect in the external world
a. Treason (Art. 114)
b. Conspiracy and proposal to Omission failure to perform a duty required
commit treason (Art. 115) by law; a voluntary act
c. Espionage (Art. 117)
d. Inciting to war and giving Elements of Felonies:
motives for reprisals (Art. 118) (A-P-M)
e. Violation of neutrality (Art.
119) 1. There must be an act or omission
f. Correspondence with hostile 2. The act or omission must be
country (Art. 120) punishable by the RPC
g. Flight to enemys country (Art. 3. The act is performed or the omission
121) incurred by means of dolo or culpa
h. Privacy and mutiny on the high
seas (Art. 122) NULLUM CRIMEN, NULLA POENA SINE
LEGE (there is no crime when there is no law
Rules as to jurisdiction over crimes punishing it)
committed aboard foreign merchant
vessels: Classification of Felonies according to the
mean by which they are committed:
1. French Rule crimes are not triable in
the courts of that country, unless their 1. Intentional Felonies the act or
commission affects the peace and omission by the offender is malicious
security of the territory or the a. These are felonies committed
safety of the state is endangered. with deceit (dolo)
2. English Rule crimes are triable in b. Dolus = malice, the intent to do
that country, unless they merely an injury to another
affect things within the vessel or
they refer to the internal Requisites of dolo or malice:
management thereof. Freedom while doing an act or
*The Philippines follows the English Rule. omitting to do an act
o a person who acts under
ARTICLE 3. Acts and omissions punishable the compulsion of an
by law are felonies. IRRESISTIBLE force is
exempt from criminal
Felonies are committed not only by means liability
of deceit (dolo) but also by means of fault o a person who acts under
(culpa). the impulse of an
There is deceit when the act is performed UNCONTROLLABLE fear
with deliberate intent; and there is fault of an equal or greater
when the wrongful act results from injury is exempt from
imprudence, negligence, lack of foresight, criminal liability
or lack of skill. Intelligence while doing the act
or omitting to do the act
 Intent while doing the act or
omitting to do the act *A criminal act is presumed to be voluntary.
Fact prevails over assumption.
Mistake of fact relieves the accused *Actus non facit reum, nisi mens sit rea a
from criminal liability; a crime is not committed if the mind of the
misapprehension of fact on the part of person performing the act complained to be
the person who caused injury to innocent
another
Requisites of mistake of fact Reasons why the act or omission in
as a defense: felonies must be voluntary:
act would have been lawful
had the facts been as the 1. RPC continues to base on the Classical
accused believed them to be Theory, which the basis of criminal
intention of the accused in liability is human free will
performing the act should be 2. Acts or omissions punished by the law
lawful are always deemed voluntary since
mistake must be without fault man is a rational being
or carelessness on the part of 3. Felonies by dolo, act is performed with
the accused deliberate intent;
Felonies by culpa, imprudence consists
*In mistake of fact, the act done by the accused voluntarily without malice, failing to
would have constituted: justifying do an act from which material injury
circumstances, an absolutory cause, or an results
involuntary act
*Error in personae or mistake in identity of the Requisites of culpa or fault:
victim, the principle of mistake of fact does not Freedom while doing an act or
apply omitting to do an act
Intelligence while doing the act
Criminal intent is necessary in felonies or omitting to do the act
committed by dolo: Imprudent, negligent, or lacks
foresight while doing the act or
Criminal intent is necessary in felonies omitting to do the act
committed by means of dolo because of these
legal maxims: Mala In Se VS. Mala Prohibita
Actus non facit reum nisi mens sit rea
the act itself does not make a man MALA
MALA IN SE
guilty unless his intentions were so PROHIBITA
Actus me invite factus non est meus Moral trait of
Considered Not Considered
actus an act done by me against my the offender
will is not my act NOT a defense;
Valid intent is not
defense, necessary-
2. Culpable Felonies the act or omission UNLESS sufficient that
Good faith as
by the offender is not malicious the crime the offender has
a defense
a. These are committed without is in the the intent to
deceit, but with fault (culpa) result of perpetrate the
b. Imprudence indicates a culpa act prohibited by
deficiency of nature (lack of the special law
skill) Degree of Taken into
c. Negligence indicates a accomplishm Taken into account only
deficiency of perception (lack of ent of the account when
foresight) crime consummated
 Taken into Requisites of Par1, Art4:
Mitigating & GENERALLY not
account in
aggravating taken into
imposing 1. That an intentional felony has been
circumstance account
penalties committed
When 2. That the wrong done to the aggrieved
there is party be direct, natural, and logical
more than consequence of the felony committed
one GENERALLY not
Degree of Since the offender is still motivated by
offender, it taken into
participation criminal intent, the offender is still
is taken account
into criminally liable in crimes which are:
considerati a. Error in personae mistake in identity
on b. Abberatio ictus mistake in blow
General Rule: c. Praetor intentionem lack of intent to
Laws General commit so grave a wrong
Special Penal
violated Rule: RPC
Laws
*If a man creates in another persons mind an
Intent VS. Motive immediate sense of danger, which causes such
person to try to escape, and, in so doing, the
INTENT MOTIVE latter injures himself, the man who creates
Purpose to use a such state of mind is responsible for the
Moving power which resulting injuries
particular means to
impels one to act
effect a result
Element of crime Proximate Cause that cause, which, in
Not an element of natural and continuous sequence, unbroken
except in crimes
crime by any efficient intervening cause, produces
committed with culpa
Essential only when the injury, and without which the result
Essential in would not have occurred.
the identity of the
intentional felonies
felon is in doubt
Proximate Legal Cause that acting first and
ARTICLE 4. Criminal liability shall be producing the injury, either immediately, or
incurred: by setting other events in motion, all
constituting a natural and continuous chain of
1. By any person committing a felony events, each having a close causal connection
(delito) although the wrongful act with its immediate predecessor
done be different from that which
he intended. *There must be a relation of cause and effect;
2. By any person performing an act the cause being the felonious act of the
which would be an offense against offender, the effect being the resultant injuries
persons or property, were it not for and/or death of the victim
the inherent impossibility of its
accomplishment or on account of Death of the victim is presumed to be the
the employment of inadequate or natural consequence of physical injuries
ineffectual means. inflicted when:

Paragraph 1. Criminal liability for a felony 1. The victim at the time of the physical
committed different from that which was injuries were inflicted was in normal
intended health
2. That death may be expected from the
El que es causa de la causa del mal causado physical injuries inflicted
he who is the cause of the cause is the cause of 3. That death ensued within a reasonable
the evil caused time
 Paragraph 2. Impossible Crimes Requisites:

Requisites of impossible crime: 1. Act committed by the accused appears
not punishable by any law
1. The act performed would be an offense 2. The court deems it proper to repress
against persons or property such act
2. The act done was with evil intent 3. The court must render the proper
3. That its accomplishment in inherently decision by dismissing the case and
impossible, or that the means acquitting the accused
employed is either inadequate or 4. The judge must then make a report to
ineffectual the Chief Executive, through the
4. The act performed should not Secretary of Justice, stating the reasons
constitute a violation of another which induce him to believe that the
provision of the RPC said act should be made the subject of
penal legislation.
*There should be either legal impossibility or
physical impossibility of accomplishing the Basis of the paragraph:
intended act. Nullum crimen, nulla poena sine lege there is
no crime if there is no law that punishes the act
Purpose of the law in punishing the
impossible crime: Paragraph 2. Cases of excessive penalties
To suppress criminal propensity or criminal
tendencies. Objectively, the offender has not Requisites:
committed a felony, but subjectively, he is a
criminal. 1. The court after trial finds the accused
guilty
ARTICLE 5. Whenever a court has 2. The penalty provided by law and
knowledge of any act which it may deem which the court imposes for the crime
proper too repress and which is not committed appears to be clearly
punishable by law, it shall render the excessive, because
proper decision and shall report to the a. The accused acted with lesser
Chief Executive, through the Department degree of malice, and
of Justice, the reasons which induce the b. There is no injury or the injury
court to believe that said act should be caused is of lesser gravity
made the subject of penal legislation. 3. The court should not suspend the
execution of the sentence
In the same way, the court shall submit it 4. The judge should submit a statement
the Chief Executive, through the to the Chief Executive, through the
Department of Justice, such statement as Secretary of Justice, recommending
may be deemed proper, without executive clemency
suspending the execution of the sentence,
when a strict enforcement of the *Article 5 of the RPC may not be invoked in
provisions of this Code would result in the cases involving acts mala prohibita, because
imposition of a clearly excessive penalty, said article only applies to acts mala in se.
taking into consideration the degree of
malice and the injury caused by the ARTICLE 6. Consummated felonies, as well
offense. as those which are frustrated and
attempted, are punishable.
Paragraph 1. Trial of a criminal case
A felony is consummated when all the
elements necessary for its exception and
accomplishment are present; and it is
frustrated when the offender performs all the law provides for their
the acts of execution which would produce punishment in certain felonies
the felony as a consequence but which, b. Acts of execution they are
nevertheless, do not produce it by reason punishable under the RPC
of causes independent of the will of the
perpetrator. Stages of the Acts of Execution:

There is an attempt when the offender 1. Attempted Felony
commences the commission of a felony Elements of attempted felonies:
directly by overt acts, and does not a. offender commences the
perform all the acts of execution which commission of the felony directly
should produce the felony by reason of by overt acts
some cause or accident other than his own b. does not perform all the acts of
spontaneous desistance. execution which should produce
the felony
Consummated Felony all the elements c. offenders acts is not stopped by
necessary for the execution and his own spontaneous desistance
accomplishment are present d. non-performance of all acts of
execution was due to cause or
Frustrated Felony offender performs all the accident other than his
acts of execution which would produce the spontaneous desistance
felony as a consequence but which,
nevertheless, do not produce it by reason of Indeterminate Offense purpose of the
causes independent of the will of the offender in performing an act is not
perpetrator certain. Its nature in relation to its
objective is ambiguous
Attempted Felony offender commences the
commission of a felony directly by overt acts, *The intention of the accused must be
and does not perform all the acts of execution ascertained from the facts and,
which should produce the felony by reason of therefore, it is necessary tjat the mind
some cause or accident other than his own be able to directly infe from them the
spontaneous desistance intention of the perpetrator to cause a
particular injury
Overt acts some physical activity or deed, *Only offenders who personally execute
indicating the intention to commit a particular the commission of a crime can be guilty
crime, more than a mere planning or of attempted felony.
preparation, which if carried to its complete *Desistance should be made before all
termination following its natural course, acts of execution are performed
without being frustrated by external obstacles
nor by the voluntary desistance of the Subjective Phase of the Offense that
perpetrator, will logically and necessarily portion of the acts constituting the
ripen into concrete offense crime, starting from the point where
the offender begins the commission of
Development of crime: the crime to that point where he has
still control over his acts, including
1. Internal acts mere ideas in the mind their natural course; if the offender is
of a person, are not punishable even stopped by any cause outside of his
if, had they been carried out, they own voluntary desistance, the
would constitute a crime subjective phase has no been passed
2. External acts and it is an attempt.
a. Preparatory acts ordinarily,
not punishable; except when
 2. Frustrated Felony *ARRESTO MENOR = 1 day to 30 days
Elements of frustrated felonies: imprisonment
a. offender performs all the acts of
execution General Rule: Light felonies are punishable
b. all the acts performed would only when they have been consummated
produce the felony as a Exception: Light felonies committed
consequence against persons or property, are
c. but the felony is not produced punishable even if attempted or
d. by reason of causes independent frustrated
of the will of the perpetrator Reason for exception: moral
depravity
3. Consummated Felony
ARTICLE 8. Conspiracy and proposal to
Manner of committing the crime commit felony are punishable only in the
cases in which the law specially provides a
1. Formal crimes consummated in one penalty therefor.
instant, no attempt (e.g. Slander, False
Testimony, Adultery) A conspiracy exists when two or more
2. Crimes consummated by mere attempt persons come to an agreement concerning
or proposal or by overt act (e.g. the commission of a felony and decide to
Corruption of minors, Flight to ones commit it.
enemy country)
3. Felony by omission no attempted There is proposal when the person who
stage because there is no act has decided to commit a felony proposes
performed in the first place its execution to some other person or
4. Crimes requiring the intervention of persons.
two persons to commit them are
consummated by mere agreement General Rule: Conspiracy and proposal to
5. Material crimes when the crime is commit a felony are not punishable
not consummated in one instant or by Exception: They are punishable only
a single act (e.g. consummated rape, in the cases in which the law specially
attempted homicide) provides a penalty therefor.
Reason for exception: conspiracy and
ARTICLE 7. Light felonies are punishable proposal to commit a crime are only
only when they have been consummated, preparatory acts, and the law regards
with the exception of those committed them as innocent or at least
against persons or property. permissible except in rare and
exceptional cases
Light felonies infractions of law for the
commission of which the penalty of arresto When the conspiracy relates to a crime
menor or a fine not exceeding Php200, or actually committed, it is not a felony but
both, is provided only a matter of incurring criminal liability,
that is, when there is conspiracy, the act of
Light felonies punished by the RPC: one is the act of all.
a. Slight physical injuries (Art. 266)
b. Theft (Art. 309, par7&8) When the conspiracy is only a manner of
c. Alteration of boundary marks incurring criminal liability, it is not
(Art. 313) punishable as a separate offense
d. Malicious mischief (Art. 328,
par3; Art. 329, par3)
e. Intriguing against honor (Art.
364)
 Importance of Classification:
General Rule: The act of one is the act of all
Exception: Unless one or more of the 1. To determine whether the felonies can
conspirators committed some other be complexed or not
crime which is not part of the intended 2. To determine the prescription of the
crime crime and the penalty
Exception to the exception:
when the act constitutes an Penalties (Imprisonment):
indivisible offense
1. Grave felonies afflictive penalties; 6
Requisites of Conspiracy: years and 1 day to reclusion perpetua
(life imprisonment)
1. Two or more persons come to an 2. Less grave felonies correctional
agreement penalties; 1 month and 1 day to 6 years
2. The agreement concerned the 3. Light felonies arresto menor; 1 day to
commission of a felony 30 days
3. The execution of the felony be decided
upon ARTICLE 10. Offenses which are or in the
future may be punishable under special
Concepts of Conspiracy: laws are not subject to the provisions of
this Code. This Code shall be
1. As a crime itself (e.g. conspiracy to supplementary to such laws, unless the
commit rebellion, treason, coup d etat, latter should specially provide the
sedition, insurrection) contrary.
2. Merely as a means to commit a crime
General Rule: The RPC shall be
Requisites of Proposal: supplementary to special laws
Exceptions:
1. A person has decided to commit a 1. When the special law provides
felony otherwise
2. That he proposes its execution to some 2. When the provision of the RPC are
other person or persons impossible of application, either by
express provision or by necessary
ARTICLE 9. Grave felonies are those which implication
the law attaches the capital punishment or
penalties which in any of their periods are
afflictive, in accordance with Article 25 of
this Code.

Less grave felonies are those which the law
punishes with penalties which in their
maximum period are correctional, or in
accordance with the above-mentioned
article.

Light felonies are those infractions of law
for the commission of which the penalty of
arresto menor or a fine not exceeding 200
pesos, or both, is provided.



 1. Anyone who acts in defense of his
SPECIAL person or rights, provided that the
RPC
LAWS following circumstances concur:
Prision
correccional, First. Unlawful aggression;
prision Second. Reasonable necessity
Terms Imprisonment
mayor, of the means employed to
arresto prevent or repel it;
mayor, etc Third. Lack of sufficient
General Rule: provocation on the part of the
NOT person defending himself.
Attempted or punishable
Frustrated Exception: Punishable 2. Anyone who acts in the defense of
Stages Unless the person or rights of his spouse,
otherwise ascendants, descendants, or
stated legitimate, natural, or adopted
Plea of guilty brothers or sisters, or of his
as mitigating No Yes relatives by affinity in the same
circumstance degrees, and those by consanguinity
Minimum, within the fourth civil degree,
medium and provided that the first and second
Not applicable Yes requisites prescribed in the next
maximum
periods preceding circumstance are
General Rule: present, and the further requisite,
None in case the provocation was given by
Penalty for the person attacked, that the one
Exception:
accessory or Yes making the defense had no part
Unless
accomplice therein.
otherwise
stated 3. Anyone who acts in defense of the
person or rights of a stranger,
Suppletory Application of the RPC: provided that the first and second
requisites mentioned in the first
1. Subsidiary Penalty circumstance of this article are
2. Civil Liability present and that the person
3. Rules on Service of Sentence defending be not induced by
4. Definition on Principals, Accomplices revenge, resentment or other evil
and Accessories motive.
5. Principle of Conspiracy 4. Any person who, in order to avoid
an evil or injury, does an act which
*When the special law adopts the penalties causes damage to another, provided
imposed in the RPC, the provisions of the RPC that the following requisites are
on imposition of penalties based on stages of present:
execution, degree of participation and
attendance of mitigating and aggravating First. That the evil sought to
circumstances may be applied by necessary be avoided actually exists;
implication Second. That the injury
feared be greater than that
ARTICLE 11. The following do not incur done to avoid it.
any criminal liability: Third. That there be no other
practical and less harmful
means of preventing it.
 5. Any person who acts in the Test of Reasonableness depends
fulfillment of a duty or in the lawful on:
exercise of a right or office.
6. Any person who acts in obedience to a. Weapon used by the aggressor
an order issued by a superior for b. Physical condition, character,
some lawful purpose. size and other circumstances of
the aggressor
Justifying Circumstance where the act of a c. Physical condition, character,
person is in accordance with law such that size and other circumstances of
said person is deemed not to have violated person defending himself
the law d. Place and occasion of assault

General Rule: No criminal and civil liability is 3. Lack of sufficient provocation on the
incurred part of the person defending himself
Exception: There is civil liability with Reason: the one defending himself must
respect to paragraph 4 where the not have given cause for the aggression
liability is borne by persons who were by his unjust conduct or by inciting or
benefited by the act provoking the assailant

Burden of Proof: It is incumbent upon the Rights included in self-defense:
accused to prove the justifying circumstance
claimed by him to the satisfaction of the court 1. Defense of person
2. Defense of rights protected by law
Paragraph 1. Self-defense 3. Defense of property (only if there is
also an actual and imminent danger
Requisites of Self-defense: on the person of the one defending)
4. Defense of chastity
1. Unlawful aggression
a. It is an indispensable Kinds of Self-defense:
requirement
b. There must be actual physical 1. self-defense of chastity there must be
assault or aggression or an an attempt to rape the victim
immediate and imminent 2. defense of property must be coupled
threat, which must be offensive with an attack on the person of the
and positively strong, showing owner or on one entrusted with the
the wrongful intent to cause an care of such property
injury 3. self-defense in libel justified when
c. The defense must have been the libel is aimed at a persons good
made during the existence of name
aggression, otherwise, it is no
longer justifying *VAWC is exempt from criminal and civil
d. While generally an agreement liability despite the absence of the
to fight does not constitute necessary justifying elements
unlawful aggression, violation
of the terms of the agreement to Paragraph 2. Defense of Relatives
fight is considered an exception
Relatives that can be defended:
2. Reasonable necessity of the means
employed to prevent or repel it 1. Spouse
2. Ascendants
3. Descendants
 4. Legitimate, natural or adopted brother consequence of the due performance
and sisters, or relatives by affinity in of duty or the lawful exercise of such
the same degrees right or office
5. Relatives by consanguinity within the
fourth civil degree Paragraph 6. Obedience to an order issued
for some lawful purpose
Requisites of Defense of relatives:
Requisites:
1. Unlawful aggression
2. Reasonable necessity of the means 1. That an order has been issued by a
employed to prevent or repel it superior
3. In case the provocation was given by 2. That such order must be for some
the person attacked, the one making a lawful purpose
defense had no part therein 3. That the means used by the
subordinate to carry out said order is
Paragraph 3. Defense of Stranger lawful

Requisites of Defense of stranger: General Rule: Subordinate cannot invoke this
circumstance when order is patently illegal
1. Unlawful aggression Exception: When there is compulsion
2. Reasonable necessity of the means of an irresistible force, or under
employed to prevent or repel it impulse of uncontrollable fear
3. The person defending be not induced
by revenge, resentment, or other evil *The superior officer giving the order cannot
motive invoke this justifying circumstance. Good faith
is material, as the subordinate is not liable for
Strangers any person not included in the carrying out an illegal order if he is not aware
enumeration of relatives mentioned in of its illegality and he is not negligent
paragraph 2
ARTICLE 12. The following are exempt
Paragraph 4. Avoidance of greater evil or from criminal liability:
injury
1. An imbecile or an insane person,
Elements of Avoidance: unless the latter has acted during a
lucid interval.
1. The evil sought to be avoided actually
exists When the imbecile or an insane
2. The injury feared be greater than that person has committed an act which
done to avoid it the law defines as a felony, the court
3. That there be no other practical and shall order his confinement in one
less harmful means of preventing it of the hospitals or asylums
established for persons thus
Paragraph 5. Fulfillment of Duty or Lawful afflicted, which he shall not be
exercise of right or office permitted to leave without first
obtaining the permission of the
Requisites of Fulfillment of duty: same court.

1. The accused acted in the performance 2. A person under nine years of age.
of a duty or in the lawful exercise of a 3. A person over nine years of age and
right or office under fifteen, unless he has acted
2. That the injury caused or the offense with discernment, in which case,
committed be the necessary such minor shall be proceeded
 against in accordance with the Insanity one who acts with complete
provisions of Article 80 of this Code. deprivation of intelligence/reason without
the least discernment or with total
When such minor is adjudged to be deprivation of freedom of will. Mere
criminally irresponsible, the court, abnormality of the mental faculties will not
in conformity with the provisions of exclude imputability
this and the preceding paragraph,
shall commit him to the care and General Rule: Exempt from criminal liability
custody of his family who shall be Exception: The act was done during a
charged with his surveillance and lucid interval
education; otherwise, he shall be
committed to the care of some *Dementia Praecox or Schizophrenia the
institution or person mentioned in most common from of psychosis that is covered
said Article 80. by the term of insanity; a chronic mental
disorder characterized by inability to
4. Any person who, while performing a distinguish between fantasy and reality and
lawful act with due care, causes an often accompanied by hallucinations and
injury by mere accident without delusions
fault or intention of causing it.
5. Any person who acts under the Paragraph 3. Person Over 9 and under 15
compulsion of an irresistible force. Acting Without Discernment
6. Any person who acts under the
impulse of an uncontrollable fear of *Amended by RA 9344: Child above fifteen
an equal or greater injury. (15) years but below eighteen (18) years of
7. Any person who fails to perform an age shall be exempt from criminal liability.
act required by law, when However, the child shall be subject to an
prevented by some lawful or intervention program pursuant to Section 20
insuperable cause. of this Act.

Exempting Circumstances grounds for Periods of Criminal Responsibility:
exemption from punishment because there is
wanting in the agent of the crime any of the 1. Age of absolute irresponsibility 15
conditions which make the act voluntary or years and below (infancy)
negligent 2. Age of conditional responsibility 15
years and 1 day to 18 years
Basis: The exemption is based on the 3. Age of full responsibility 18 years or
complete absence of intelligence, freedom of over to 70 (maturity)
action, or intent, or on the absence of 4. Age of mitigated responsibility 15
negligence on the part of the accused years and 1 day to 18 years, the
offender acting with discernment; over
Burden of Proof: Any of the circumstances is 70 years of age
a matter of defense and the same must be
proved by the defendant to the satisfaction of Discernment mental capacity to fully
the court appreciate the consequences of the unlawful
act, which is shown by the:
Paragraph 1. Imbecility or Insanity 1. manner the crime was committed
2. conduct of the offender after its
Imbecile one while advanced in age has a commission
mental development comparable to that of
children between 2 and 7 years old. He is
exempt in call cases from criminal liability

Paragraph 4. Accident Without Fault or Actus Me Invito Factus Non Est Meus Actus an
Intention of Causing It act done by me against my will is not my act

Elements: Paragraph 7. Insuperable Cause

1. A person is performing a lawful act Insuperable Cause some motive, which has
2. With due care lawfully, morally or physically prevented a
3. He causes an injury to another by mere person to do what the law commands
accident
4. Without fault or intention of causing it Elements:

Paragraph 5. Irresistible Force 1. That an act is required nu law to be
done
2. That a person fails to perform such act
Irresistible force offender uses violence or 3. That his failure to perform such act
physical force to compel another person to was due to some lawful or insuperable
commit a crime clause

Elements: Absolutory Causes where the act committed
is a crime but for some reason of public policy
1. The compulsion is by means of and sentiment, there is no penalty imposed.
physical force Exempting and justifying circumstances are
2. The physical force must be irresistible absolutory causes.
3. The physical force must come from a
third person Examples of Absolutory Causes:
a. spontaneous desistance (Art. 6)
*Force must be irresistible so as to reduce the b. accessories exempt from criminal
individual to a mere instrument liability (Art. 20)
c. death or physical injuries inflicted
Paragraph 6. Uncontrollable Fear under exceptional circumstances (Art.
247)
Uncontrollable fear offender employ d. persons exempt from criminal liability
intimidation of threat in compelling another from theft, swindling, malicious
to commit a crime mischief (Art. 332)
e. instigation
Duress use of violence or physical force
*Entrapment is NOT an absolutory cause. A
Elements: buy-bust operation conducted in connection
with illegal drug-related offenses is a form of
1. The threat which causes the fear is of entrapment.
an evil greater than or at least equal to,
that which he is required to commit
2. That it promises an evil of such gravity
and imminence that the ordinary man
would have succumbed to it.

*Duress as a valid defense should be based on
real, imminent, or reasonable fear for ones life
or limb and should not be speculative, fanciful,
or remote fear. A threat of future injury is not
enough.

 h. Marriage of the offender with
ENTRAPMENT INSTIGATION the offended party when the
The ways and means Instigator practically crime committed is rape,
are resorted to for the induces the would-be abduction, seduction, or acts of
purpose of trapping accused into the lasciviousness.
and capturing the commission of the i. Instigation
lawbreaker in the offense and himself 5. Guilt of the accused not established
execution of his becomes a co- beyond reasonable doubt.
criminal plan principal 6. Prescription of crimes.
NOT a bar to Accused will be 7. Pardon by the offended party before
accuseds prosecution acquitted the institution of criminal action in
and conviction crime against chastity.
NOT an absolutory Absolutory cause
cause ARTICLE 13. The following are mitigating
circumstances:
xxxxx
1. Those mentioned in the preceding
Complete defenses in criminal cases: chapter, when all the requisites
necessary to justify the act or to
1. Any of the essential elements of the exempt from criminal liability in the
crime charged is not proved by the respective cases are not attendant.
prosecution and the elements proved 2. That the offender is under eighteen
do not constitute any crime. years of age or over seventy years.
2. Act of the accused falls under any of In the case of the minor, he shall be
the justifying circumstances. proceeded against in accordance
3. The case of the accused falls under any with the provisions of Article 80.
of the exempting circumstances. 3. That the offender had no intention
4. The case is covered by any of the to commit so grave a wrong as that
absolutory causes: committed.
a. Spontaneous desistance during 4. That sufficient provocation or
attempted stage and no crime threat on the part of the offended
under another provision of the party immediately preceded the act.
Code or other penal law 5. That the act was committed in the
committed. immediate vindication of a grave
b. Light felony is only attempted offense to the one committing the
or frustrated, and is not against felony, his spouse, ascendants,
persons or property. descendants, legitimate, natural or
c. The accessory is a relative of adopted brothers or sisters, or
the principal. relatives by affinity within the same
d. Legal grounds for arbitrary degrees.
detention. 6. That of having acted upon an
e. Legal grounds for trespass. impulse so powerful as naturally to
f. The crime of theft, swindling or have produced passion or
malicious mischief is committed obfuscation.
against a relative. 7. That the offender has voluntarily
g. When only slight or less serious surrendered himself to a person in
physical injuries are inflicted by authority or his agents, or that he
the person who surprised his had voluntarily confessed his guilt
spouse or daughter in the act of before the court prior to the
sexual intercourse with another presentation of the evidence for the
person. prosecution.
 8. That the offender is deaf and dumb, This applies when NOT ALL THE REQUISITES
blind or otherwise suffering some are present. If two requisites are present, it is
physical defect which thus restricts considered a privileged mitigating
his means of action, defense, or circumstance. However, in reference to Article
communication with his fellow 11(4) if any of the last two requisites in
beings. absent, there is only an ordinary mitigating
9. Such illness of the offender as would circumstance. Remember though, that in self-
diminish the exercise of the will- defense, defense of relative or stranger,
power of the offender without unlawful aggression must always be present
however depriving him of as it is an indispensable requirement
consciousness of his acts.
10. And, finally, any other Paragraph 2. Under 18 or Over 70 Years
circumstances of a similar nature Old
and analogous to the above-
mentioned. Diversion an alternative, child-appropriate
process of determining the responsibility and
PRIVILEGED ORDINARY treatment of a child in conflict with the law on
MITIGATING MITIGATING the basis of his/her social, cultural, economic,
Offset by any Cannot be Can be offset psychological, or educational background
aggravating offset by a generic without resulting to formal court proceedings
circumstanc aggravating
e circumstance Diversion Program the program that the
Effect on Effect of If not offset, child in conflict with the law is required to
penalty imposing the has the effect undergo after he/she is found responsible for
penalty by 1 of imposing an offense without resorting to formal court
or 2 degrees the minimum proceedings
lower than period of the
that provided penalty A child in conflict with the law may undergo
by law conferencing, mediation or conciliation
Kinds Minority, Those outside the criminal justice system or prior to
(Sources) Incomplete circumstance his entry into said system.
Self-defense, s enumerated
Two or more in paragraph Paragraph 3. No Intention to Commit so
mitigating 1 to 10 in Grave a Crime
circumstance Article 13
s without any The circumstance can be taken into account
aggravating only when the facts proven shoe that there is
circumstance a notable and evident disproportion between
(has the effect the means employed to execute the criminal
of lowering act and its consequences
the penalty by
one degree) Factors that can be considered are:

Mitigating circumstances those which if 1. Weapon used
present in the commission of the crime 2. Injury inflicted
reduces the penalty of the crime but does not 3. Part of the body injured
erase criminal liability nor change the nature 4. Attitude of the mind at the time of the
of the crime commission of the crime

Paragraph 1. Incomplete Justifying or This provision addresses the intention of the
Exempting Circumstances offender at the particular moment when the

offender executes or commits the criminal at, or sisters, or relatives by affinity
not his intention during the planning stage. within the same degree
2. That the felony is committed in
In crimes against persons who do not die as a vindication of such grave offense. A
result of the assault, the absence of the intent lapse of time is allowed between the
to kill reduces the felony to mere physical vindication and the doing of the grave
injuries, but it does not constitute a mitigating offense.
circumstance under Art. 13, Par. 3.
Immediate allows for a lapse of time, as long
It is not applicable to felonies by negligence as the offender is still suffering from the
because in felonies through negligence, the mental agony brought about by the offense to
offender acts without intent. The intent in him. (proximate time, not just immediately
intentional felonies is replaced by negligence after)
or imprudence. There is no intent on the part
of the offender, which ay be considered as
diminished. PROVOCATION VINDICATION
Made directly only to Grave offense may
Paragraph 4. Provocation and Threat the person committing be committed also
the felony against the
Provocation any unjust or improper conduct offenders relatives
or act of the offended party, capable of mentioned by the
exciting, inciting, or irritating any one. law
The cause that Offended party must
Requisites of Provocation: brought about the have done a grave
provocation NEED offense to the
1. The provocation must be sufficient NOT be a grave offender OR his
2. That it must originate from the offense relatives mentioned
offended party by the law
3. That the provocation must be It is necessary that the The grave offense
immediate to the act provocation of threat may be proximate,
IMMEDIATELY which admits of an
When there is an interval of time between the preceded the act interval of time
provocation and the commission of the crime, between the grave
the conduct of the offended party could not offense done by the
have excited the accused to the commission of offended party and
the crime, he having had time to regain his the commission of
reason and to exercise self-control. the crime by the
accused
The threat should not be offensive and
positively strong, because, if it is, the threat to The difference is brought about by the greater
inflict real injury is an unlawful aggression leniency in the case of vindication due
which may give rise to self-defense. undoubtedly to the fact that it concerns the
honor of a person, an offense which is more
Paragraph 5. Vindication of Grave Offense worthy of consideration than mere spite
against the one giving the provocation or
Requisites: threat.

1. That there be a grave offense done to
the one committing the felony, his
spouse, ascendants, descendants,
legitimate, natural or adopted brothers
Paragraph 6. Passion or Obfuscation offender had time to ponder his course of
action
Requisites:
PASSION AND IRRESISTIBLE FORCE
1. The accused acted upon an impulse OBFUSCATION
2. The impulse must be so powerful that Mitigating Exempting
it naturally produced passion or Circumstance Circumstance
obfuscation in him No physical force is Requires physical
needed force
Passion or obfuscation may constitute a Comes from the Must come from a
mitigating circumstance only when the same offender himself third person
arose from lawful sentiments. There is no Must arise from Unlawful
mitigating circumstance when the act was lawful sentiments
committed in a spirit of lawlessness or in a
sprit of revenge. PASSION AND PROVOCATION
OBFUSCATION
Requisites of the mitigating circumstances Produced by an Comes from the
of passion or obfuscation: impulse which may injured party
be caused by
1. That there be an act, both unlawful and provocation
sufficient to produce such a condition Offense which Must immediately
of mind, and; engenders precede the
2. That said act which produced the perturbation of mind commission of the
obfuscation was not far removed from need not be crime
the commission of the crime by a immediate. It is only
considerable length of time, during required that the
which the perpetrator might recover influence thereof
his normal equanimity. lasts until the
moment the crime is
The crime committed by the accused must be committed
provoked by prior unjust or improper acts of Effect is the loss of Effect is the loss of
the injured party. reason and self- reason and self-
control on the part of control on the part of
There could have been NO mitigating the offender the offender
circumstance of passion of obfuscation
when more than 24 hours elapsed Paragraph 7. Surrender and Confession of
between the alleged insult and the Guilt
commission of the felony, or if several hours
passed between the cause of the passion or Requisites of Voluntary Surrender:
obfuscation and the commission of the crime,
or where at least half an hour intervened 1. That the offender had not been
between the previous fight and actually arrested
subsequent killing of the deceased by the 2. That the offender surrendered himself
accused. to a person in authority or to the
latters agent
General Rule: Vindication of grave offense 3. That the surrender was voluntary
cannot co-exist with passion and obfuscation Requisites of voluntariness:
Exception: When there are other facts, a. must be spontaneous
although closely connected b. shows the interest of the accused
to surrender
Passion and obfuscation cannot co-exist with c. must be unconditional
treachery since this would mean that the
When surrender is voluntary Paragraph 8. Physical Defect of Offender
He submits himself unconditionally to the
authorities, because: The physical defect must relate to the offense
1. he acknowledges his guilt committed.
2. he wishes to save them the trouble and
expense necessarily incurred in his Paragraph 9. Illness of the Offender
search and capture
Requisites:
If both are present, considered as two
independent mitigating circumstances. 1. That the illness of the offender must
diminish the exercise of his will-power
Spontaneous an inner impulse, acting 2. That such illness should not deprive
without external stimulus the offender of consciousness of his
acts
Requisites of Plea of Guilty:
Paragraph 10. Similar and Analogous
1. The offender spontaneously confessed Circumstances
his guilt
2. That the confession of guilt was made Examples Not Examples
in open court, that is, before the Defendant who is 60 Killing the wrong
competent court that is to try the case, years old with failing person
and eyesight is similar to
3. That the confession of guilt was made a case of one over 70
prior to the presentation of evidence years old
for the prosecution Outraged feeling of Not resisting arrest is
owner of animal not the same as
The plea must be made before the trial taken for ransom is voluntary surrender
begins. A plea of guilty made after analogous to
arraignment and after trial had begun vindication of grave
does not entitle the accused to have such offense
plea considered as a mitigating Impulse of jealous Running amuck is not
circumstance. feeling, similar to mitigating
passion and
If the accused pleaded not guilty, even if obfuscation
during the arraignment, he is entitles to Voluntary restitution
mitigating circumstance as long as he of property, similar to
withdraws his plea of not guilty to the voluntary surrender
charge before the fiscal could present his Extreme poverty,
evidence. similar to incomplete
justification based on
Plea to a lesser charge is not a mitigating state of necessity
circumstance because to be such, the plea of
guilt must be to the offense charged.

Plea to the offense charged in the amended
information, lesser than that charged in the
original information, is a mitigating
circumstance.

Plea of guilty is not mitigating in culpable
felonies and in crimes punishable by special
laws.
ARTICLE 14. The following are aggravating 10. That the offender has been
circumstances: previously punished for an offense
to which the law attaches an equal
1. That advantage be taken by the or greater penalty or for tow or
offender of his public position. more crimes to which it attaches a
2. That the crime be committed in lighter penalty.
contempt of or with insult to the 11. That the crime be committed in
public authorities. consideration of a price, reward, or
3. That the act be committed with promise.
insult or in disregard of the respect 12. That the crime be committed by
due the offended party on account means of inundation, fire, poison,
of his rank, age, or sex, or that it be explosion, stranding of a vessel or
committed in the dwelling of the intentional damage thereto,
offended party, if the latter has not derailment of a locomotive, or by
given provocation. use of any other artifice involving
4. That the act be committed with great waste and ruin.
abuse of confidence or obvious 13. That the act be committed with
ungratefulness. evident premeditation.
5. That the crime be committed in the 14. That craft, fraud, or disguise be
palace of the Chief Executive, or in employed.
his presence, or where public 15. That advantage be taken of superior
authorities are engaged in the strength, or means be employed to
discharge of their duties or in a weaken the defense.
place dedicated to religious 16. That the act be committed with
worship. treachery (alevosia).
6. That the crime be committed in the
nighttime or in an uninhabited There is treachery when the
place, or by a band, whenever such offender commits any of the crimes
circumstances may facilitate the against the person, employing
commission of the offense. means, methods or forms in the
execution thereof which tend
Whenever more than three armed directly and specially to insure its
malefactors shall have acted execution, without risk to himself
together in the commission of an arising from the defense which the
offense, it shall be deemed to have offended party might make.
been committed by a band. 17. That means be employed or
7. That the crime be committed on the circumstances brought about which
occasion of a conflagration, add ignomity to the natural effects
shipwreck, earthquake, epidemic, of the act.
or other calamity or misfortune. 18. That the crime be committed after
8. That the crime be committed with an unlawful entry.
the aid of armed men or persons
who insure or afford impunity. There is an unlawful entry when an
9. That the accused is a recidivist. entrance is effected by a way not
intended for the purpose.
A recidivist is one who, at the time 19. That as a means to the commission
of his trial for one crime, shall have of a crime a wall, roof, floor, door, or
been previously convicted by final window be broken.
judgment of another crime 20. That the crime be committed with
embraced in the same title of this the aid of persons under fifteen
Code. years of age, or by means of motor
 vehicle, airships, or other similar GENERIC QUALIFYING
means. AGGRAVATING AGGRAVATING
21. That the wrong done in the CIRCUMSTANCE CIRCUMSTANCE
commission of the crime be EFFECT: when not set EFFECT: gives the
deliberately augmented by causing off by any mitigating crime its proper and
other wrong not necessary for its circumstance, exclusive name and
commission. increases the penalty places the author of
which should be the crime in such a
Aggravating Circumstances those which, if imposed upon the situation as to
attendant in the commission of the crime, accused to the deserve no other
serve to have the penalty imposed in its maximum period but penalty than that
maximum period provided by law for the without exceeding specially prescribed
offense or those that change the nature of the the limit prescribed by law for said crimes
crime by law
If not alleged in the To be considered as
Basis: The greater perversity of the offender information, a such, MUST be
manifested in the commission of the felony as qualifying alleged in the
shown by: aggravating information
a. the motivating power itself, circumstance will be
b. the place of the commission, considered generic
c. the means and ways employed, May be offset by a Cannot be offset by a
d. the time, or mitigating mitigating
e. the personal circumstances of circumstance circumstance
the offender, or the offended
party RULES ON AGGRAVATING
CIRCUMSTANCES:
Kinds of Aggravating Circumstances:
1. Aggravating circumstances shall NOT
1. Generic those which apply to all be appreciated if:
crimes a. They constitute a crime
2. Specific those which apply only to specially punishable by law, or
specific crimes b. It is included by the law in
3. Qualifying those that change the defining a crime with a penalty
nature of the crime prescribed, and therefore shall
4. Inherent which of necessity not be taken into account for
accompany the commission of the the purpose of increasing the
crime, therefore not considered in penalty
increasing the penalty to be imposed 2. The same rule shall apply with respect
5. Special those which arise under to any aggravating circumstance
special conditions to increase the inherent in the crime to such a degree
penalty of the offense and cannot be that it must of necessity accompany
offset by mitigating circumstances the commission thereof.
3. Aggravating circumstances which
arise:
a. From the moral attributes of the
offender;
b. From his private relations with
the offended party; or
c. From any personal cause.

Shall only serve to aggravate the
liability of the principals, accomplices
 and accessories as to whom such When the public officer did not take
circumstances are attendant. advantage of the influence of his position, this
4. The circumstances which consist: aggravating circumstance is not present.
a. In the material execution of the
act, or Taking advantage of a public position is also
b. In the means employed to inherent in the case of accessories under
accomplish it, Article 19, Paragraph 3 (harboring,
concealing, or assisting in the escape of the
Shall serve to aggravate the liability of principal of the crime), and in crimes
only those persons who had committed by public officers (articles 204-
knowledge of them at the time of the 245).
execution of the act or their
cooperation therein. Except, when Paragraph 2. That the crime be committed
there is proof of conspiracy in which in contempt of or with insult to public
case the act of one is deemed to be the authorities
act of all, regardless of lack of
knowledge of the facts constituting the Basis: based on the greater perversity of the
circumstance. offender, as shown by his lack of respect for
the public authorities.
5. Aggravating circumstances, regardless
of its kind, should be specifically Requisites:
alleged in the information AND proved
as fully as the crime itself in order to 1. That the public authority is engaged in
increase the penalty. the exercise of his functions.
6. When there is more than one 2. That he who is thus engaged in the
qualifying aggravating circumstance exercise of said functions is not the
present, one of them will be person against whom the crime is
appreciated as qualifying aggravating committed.
while the others will be considered as 3. The offender knows him to be a public
generic aggravating. authority.
4. His presence has not yet prevented the
Paragraph 1. That advantage be taken by offender from committing the criminal
the offender of his public position act.

Requisites: Public authority a public officer who is
directly vested with jurisdiction, that is, a
1. Offender is a public officer public officer who has the power to govern
2. Public officer must use the influence, and execute the laws.
prestige, or ascendancy which his Example:
office gives him as means to realize a. Governor
criminal purpose b. Mayor
c. Barangay Captain
It is not considered as an aggravating d. Councilors
circumstance where taking advantage of e. Government agents
official position is made by law an integral f. Chief of Police
element of the crime or inherent in the offense.
Example: malversation (Art. 217), A teacher or professor of a public or
falsification of a document committed recognized private school is not a public
by public officers (Art. 171) authority within the contemplation of Art.14,
Par.2. While he is a person in authority under
Article 152, that status is only for purposes of
Article 148 (direct assault) and Article 152
(resisitance and disobedience) Sex refers to the female sex, not the male sex

The crime should not be committed against The aggravating circumstance of disregard
the public authority (otherwise it will of rank, age, or sex is not applicable in the
constitute direct assault) following cases:

This is NOT applicable when committed in the 1. When the offender acted with passion
presence of a mere agent. and obfuscation
2. When there exists a relationship
Agent subordinate public officer charged between the offended party and the
with the maintenance of public order and offender
protection and security of life and property 3. When the condition of being a woman
is indispensable in the commission of
Paragraph 3. That the act be committed: the crime
1. With insult or in disregard of the
respect due to offended party in Dwelling must be a building or structure,
account of his: exclusively used for rest and comfort. A
a. Rank, combination house and store, or a market stall
b. Age, where the victim slept is not a dwelling.
c. Sex, or
2. That it be committed in the Based on the greater perversity of the
dwelling of the offended party, if offender, as shown by the place of the
the latter has not given commission of the offense.
provocation.
The aggravating circumstance of dwelling
Rules: requires that the crime be wholly or partly
committed therein or in any integral part
1. These circumstances shall only be thereof.
considered as one aggravating
circumstance. Dwelling does not mean the permanent
2. Rank, age, sex, may be taken into residence or domicile of the offended party or
account only in crimes against that he must be the owner thereof. He must,
persons or honor, they cannot be however, be actually living or dwelling
invoked in crimes against therein even for a temporary duration or
property. purpose.
3. It must be shown that in the
commission of the crime the It is not necessary that the accused should
offender deliberately intended to have actually entered the dwelling of the
offend or insult the sex, age, and victim to commit the offense; it is enough that
rank of the offended party. the victim was attacked inside his own house,
although the assailant may have devised
Rank the designation or title of distinction means to perpetrate the assault from without.
used to fix the relative position of the
offended party in reference to others (there What aggravates the commission of the
must be a difference in the social condition of crime in ones dwelling:
the offender and the offended party); a high
social position or standing as a grade in the 1. The abuse of confidence which the
armed forces offended party reposed in the offender
by opening the door to him; or
Age may refer to old age or the tender age of 2. The violation of the sanctity of the
the victim home by trespassing therein with
 violence or against the will of the persons because this class of
owner. robbery can be committed
without the necessity of
Meaning of provocation in the aggravating trespassing the sanctity of the
circumstance of dwelling: offended partys house.
Provocation must be: 3. In the crime of trespass to dwelling, it
1. Given by the owner of the dwelling is inherent or included by law in
2. Sufficient, and defining the crime. This crime can be
3. Immediate to the commission of the committed only in the dwelling of
crime another.
4. When the owner of the dwelling gave
If all these conditions are present, the sufficient and immediate provocation.
offended party is deemed to have given the a. There must exist a close
provocation, and the fact that the crime is relation between the
committed in the dwelling of the offended provocation made by the victim
party is NOT an aggravating circumstance. and the commission of the
REASON: when it is the offended party crime by the accused
who has provoked the incident, he 5. The victim is not a dweller of the house
loses his right to the respect and 6. When the rape was committed in the
consideration due him in his own ground floor of a two-story structure
house.
Paragraph 4. That the act be committed
Even if the killing took place outside the with:
dwelling, it is aggravating provided that the 1. abuse of confidence, or
commission of the crime began in the 2. obvious ungratefulness
dwelling.
Based on the greater perversity of the
Dwelling includes: a. dependencies, b. the foot offender, as shown by the means and ways
of the staircase and enclosure under the employed.
house
This circumstance exists only when the
Dwelling ins NOT aggravating in the offended party has trusted the offender who
following cases: later abuses such trust by committing the
crime. Abuse of confidence requires a special
1. When both offender and offended confidential relationship between the offender
party are occupants of the same house and the victim, while this is not required for
and this is true even if the offender is a there to be obvious ungratefulness.
servant in the house.
Exception: in case of adultery in Requisites of Abuse of Confidence:
the conjugal dwelling, the same
is aggravating. However, if the 1. That the offended party had trusted
paramour also dwells in the the offender
conjugal dwelling, the 2. That the offender abused such trust by
applicable aggravating committing a crime against the
circumstance is abuse of offended party
confidence 3. That the abuse of confidence facilitated
2. When the robbery is committed by the the commission of the crime
use of force upon things, dwelling is
not aggravating because it is inherent. There is no abuse of confidence where the
a. But the dwelling is aggravating deceased and the accused happened to be
in robbery with violence together.
against or intimidation of
Requisites of Obvious Ungratefulness: 2. The offender must have decided to
commit the crime when he entered the
1. That the offended party had trusted place of worship
the offender;
2. That the offender abused such trust by Except for the third which requires that
committing a crime against the official functions are being performed at the
offended party. time of the commission of the crime, the other
3. That the act be committed with places mentioned are aggravating per se even
obvious ungratefulness. if no official duties or acts of religious worship
are being conducted there.
The ungratefulness must be such clear and
manifest ingratitude on the part of the Cemeteries are not considered as place
accused. dedicated to the worship of God.

Paragraph 5. That the crime be committed Paragraph 6. That the crime be committed:
in the palace of the Chief Executive, or in 1. In the nighttime, or
his presence, or where public authorities 2. In an uninhabited place, or
are engaged in the discharge of their 3. By a band,
duties or in a place dedicated to religious Whenever such circumstance may
worship. facilitate the commission of the offense.

Based on the greater perversity of the When present in the same case and their
offender, as shown by the place of elements are distinctly palpable and can
commission of the crime, which must be subsist independently, they shall be
respected. considered separately.

PAR.5. Where public PAR.2. Contempt or When nighttime, uninhabited place or
authorities are insult to public band is aggravating:
engaged in the authorities
discharge of their 1. When it facilitated the commission of
duties the crime; or
FOR BOTH, public authorities are in the 2. When especially sought for by the
performance of their duties offender to insure the commission of
Place where public duty is performed the crime or for the purpose of
In their office Outside of their office impunity; or
The offended party 3. When the offender took advantage
May or may not be Public authority thereof for the purpose of impunity.
the public authority should not be the
offended party Nighttime (obscuridad)

Requisites regarding Public Authorities: a. The period of darkness
beginning at the end of ducks
1. Crime occurred in the public office and ending at dawn.
2. Public authorities are actually b. Commission of the crime must
performing their public duties begin and be accomplished in
the nighttime. When the place
Requisites for Place Dedicated to Religious of the crime is illuminated by
Worship: light, nighttime is not
aggravating. It is not
1. The crime occurred in a place considered aggravating when
dedicated to the worship of God the crime began at daytime.
regardless of religion
 c. Nighttime is not especially concealment of the offense, that he
sought for when the notion to might thereby be better secured
commit the crime was against detection and punishment
conceived of shortly before the
commission or when the crime Band (en cuadrilla)
was committed at night upon a
casual encounter. a. Whenever more than three armed
d. However, nighttime need not be malefactors that shall have acted
specifically sought for when: it together in the commission of an
facilitated the commission of offense
the offense, OR the offender b. If one of the four-armed malefactors is
took advantage of the same to a principal by inducement, they do not
commit the crime. form a band because it is undoubtedly
e. A bare statement that crime connoted that he had not direct
was committed at night is participation
insufficient. The information c. By a band is aggravating in crimes
must allege that nighttime was against property or against persons or
sought for or taken advantage in the crime of illegal detention or
of, or that it facilitated the treason but does not apply to crimes
crime. against chastity
d. By a band is inherent in brigandage
General Rule: Nighttime is absorbed in e. This aggravating circumstance is
treachery. absorbed in the circumstance of abuse
Exception: Where both the of superior strength
treacherous mode of attack and
nocturnity were deliberately decided Paragraph 7. That the crime be committed
upon in the same case, they can be on the occasion of a conflagration,
considered separately if such shipwreck, earthquake, epidemic or other
circumstances have different factual calamity or misfortune
bases.
Requisites:

Uninhabited Place (despoblado) 1. The crime was committed when there
was a calamity or misfortune
a. One where there are no houses at all a 2. The offender took advantage of the
place at a considerable distance from state of confusion or chaotic condition
town, or where the houses are from such misfortune
scattered at a great distance from each
other. If the offended was PROVOKED by the
b. Not considered when the place where offended party during the calamity or
the crime was committed could be misfortune, this aggravating circumstance
seen and the voice of the deceased may not be taken into consideration.
could be heard from a nearby house.
c. What should be considered is whether Paragraph 8. That the crime be committed
in the place of the commission of the with the aid of :
offense, there was a reasonable 1. Armed men, or
possibility of the victim receiving some 2. Persons who insure or afford
help. impunity
d. The offenders must choose the place as
an aid either: to an easy and Based on the means and ways of committing
uninterrupted accomplishment of their the crime.
criminal designs, OR to insure
Requisites: at the time of his trial should not be
restrictively construed as to mean the date or
1. That armed men or persons took part arraignment. It is employed in its general
in the commission of the crime, sense, including the rendering of the
directly or indirectly judgment. It is meant to include everything
2. That the accused availed himself of that is done in the course of the trial, from the
their aid or relied upon them when the arraignment until after sentence is announced
crime was committed by the judge in open court.

The casual presence of armed men near the General Rule: To prove recidivism, it is
place where the crime was committed does necessary to allege the same in the
not constitute an aggravating circumstance information and to attach thereto certified
when it appears that the accused did not copy of the sentences rendered against the
avail himself of their aid or rely upon them accused.
to commit the crime. Exception: if the accused does not
object and when he admits in his confession
This aggravating circumstance requires that and on the witness stand.
the armed men are accomplices who take part
in a minor capacity directly or indirectly, an Recidivism must be taken into account no
not when they were merely present at the matter how many years have intervened
crime scene. Neither should they constitute a between the first and second felonies.
band, for then the proper aggravating
circumstance would be cuadilla. Amnesty extinguishes the penalty and its
effects. However, pardon does not obliterate
When this aggravating circumstance shall the fact that the accused was a recidivist.
NOT be considered: Thus, even if the accused was granted a
pardon for the first offense but he commits
1. When both the attacking party and the another felony embraced in the same title of
party attacked were equally armed the Code, the first conviction is still counted to
2. When the accused as well as those who make him a recidivist.
cooperated with him in the
commission of the crime acted under Being an ordinary aggravating circumstance,
the same plan and for the same recidivism affects only the periods of a
purpose penalty, except in prostitution and vagrancy
3. When the others were only casually and gambling wherein recidivism increases
present and the offender did not avail the penalties by degrees. No other generic
himself of any of their aid or when he aggravating circumstance produces this effect.
did not knowingly count upon their
assistance in the commission of the In recidivism it is sufficient that the
crime succeeding offense be committed after the
commission of the preceding offense
Paragraph 9. That the accused is a provided that at the time of his trial for the
recidivist second offense, the accused has already been
convicted of the first offense.
Recidivist one who, at the time of his trial
for one crime, shall have been previously If both offenses were committed on the same
convicted by final judgment of another crime date, they shall be considered as only one,
embraced in the same title of the RPC. hence, they cannot be separately counted in
order to constitute recidivism. Also,
What is controlling is the time of trial, not judgments of convicted handed down on the
the time of the commission of the crime. same day shall be considered as only one
conviction.
Paragraph 10. That the offender has been 2. Reiteration or Habituality (Par. 10, Art.
previously punished for an offense to 14) where the offender has bee
which the law attaches an equal or greater previously punished for an offense to
penalty or for tow or more crimes to which which the law attaches an equal or
it attaches a lighter penalty. greater penalty or for two crimes to
which it attaches a lighter penalty. This
Requisites: is a generic aggravating circumstance.
3. Multi-recidivism or Habitual
1. That the accused is on trial for an delinquency (Par. 5, Art. 62) where a
offense; person within a period of 10 years
2. That he previously served sentence for from the date of his release or last
another offense to which the law conviction of the crimes of serious or
attached an equal or greater penalty, less serious physical injuries, robbery,
or for two or more crimes to which it theft, estafa or falsification, is found
attached lighter penalty than that for guilty of the said crimes a third time or
the new offense; and oftener. This is an extraordinary
a. When the penalty provided by aggravating circumstance.
law for the previous offense is 4. Quasi-recidivism (Art. 160) where a
equal to that for the new person commits felony before
offense beginning to serve or while serving
b. When the penalty provided by sentence on a previous conviction for a
law for the previous offense is felony. This is a special aggravating
greater circumstance.
c. When the accused served at
least two sentences, even if the Paragraph 11. That the crime be
penalties provided by law for committed in consideration of a price,
the crimes are lighter reward, or promise.
3. That he is convicted of the new offense.
Requisites:
HABITUALITY/ RECIDIVISM
REITERATION 1. There are at least 2 principals:
As to the first offense a. The principal by inducement
It is necessary that the It is enough that a (the one who offers)
offender shall have final judgment has b. The principal by direct
served out his been rendered in the participation (the one who
sentence for the first first offense accepts)
offense 2. The price, reward, or promise should
As to the kind of offenses involved be previous to and in consideration of
The previous and Requires that the the commission of the criminal act.
subsequent offenses offenses be included
must not be embraces in the same title of The circumstances are applicable to BOTH
in the same title of the the Code principals. It affects the person who received
Code the price or reward as well as the person who
gave it.
Four Forms of Repetition are:
If without previous promise it was given
1. Recidivism (Par. 9, Art. 14) where a voluntarily after the crime had been
person, on separate occasions, is committed as an expression of his
convicted of two offenses embraced in appreciation for the sympathy and aid shown
the same title in the RPC. This is a by the other accused, it should not be taken
generic aggravating circumstance. into consideration for the purpose of
increasing the penalty.
The price, reward, or promise nee not consist reflection, a time adequate to allow the
of or refer to material things or that the same conscience to overcome the resolution of the
were actually delivered, it being sufficient that will as well as outward acts showing the
the offer made by the principal by inducement intent to kill. It must be shown that the
be accepted by the principal by direct offender had sufficient time to reflect upon
participation before the commission of the the consequences of his act but still persisted
offense. in his determination to commit the crime.

The inducement must be the primary Premeditation is absorbed by reward or
consideration for the commission of the promise.
crime.
When the victim is different from that
Paragraph 12. That the crime be intended, premeditation is NOT aggravating.
committed by means of inundation, fire, However, if the offender premeditated on the
poison, explosion, stranding of a vessel or killing of any person, it is proper to consider
intentional damage thereto, derailment of against the offender the aggravating
a locomotive, or by use of any other circumstance of premeditation, because
artifice involving great waste and ruin. whoever is killed by him is contemplated in
his premeditation.
The circumstances under this paragraph will
only be considered aggravating if and when Premeditation must be based on external acts
they are used by the offender as a means to and no presumed from mere lapse of time.
accomplish a criminal purpose.
Paragraph 14. That craft, fraud, or disguise
When another aggravating circumstance be employed
already qualifies the crime, any of these
aggravating circumstances shall be Craft (astucia) involves the use of
considered as generic aggravating intellectual trickery or cunning on the part of
circumstance only. the accused. A chicanery resorted to by the
accused to aid in the execution of his criminal
When used as a means to kill another person, design.
the crime is qualified to murder.
Fraud (fraude) insidious words or
Paragraph 13. That the act be committed machinations used to induce the victim to act
with evident premeditation in a manner which would enable the offender
to carry out his design
Requisites:
Fraud is present when there is a direct
1. The time when the offender inducement by insidious machinations or
determined to commit the crime; words.
2. An act manifestly indicating that the
culprit has clung to his determination; Disguise is not considered.
and
3. A sufficient lapse of time between the Craft and fraud may be absorbed in treachery
determination and execution, to allow if they have been deliberately adopted as the
him to reflect upon the consequences means, methods or forms for the treacherous
of his act and to allow his conscience to strategy, or they may co-exist independently
overcome the resolution of his will. where they are adopted for a different
purpose in the commission of the crime.
To establish evident premeditation, it must be
shown that there was a period sufficient to
afford full opportunity for meditation and
Paragraph 15. That advantage be taken of Rules:
superior strength, or means be employed
to weaken the defense, 1. Applicable only to crimes against the
person
To deliberately use excessive force that is out 2. Means, methods or forms need not
of proportion to the means for self-defense insure accomplishment of crime
available to the person attacked. 3. The mode of attack must be
consciously adopted
No advantage of superior strength in the
following: TEST: it is not only the relative position of the
parties but, more specifically, whether or not
1. One who attacks another with passion the victim was forewarned or afforded the
and obfuscation does not take opportunity to make a defense or to ward off
advantage of his superior strength the attack
2. When a quarrel arose unexpectedly
and the fatal blow was struck at a time Treachery is taken into account even if the
when the aggressor and his victim crime against the person is complexed with
were engaged against each other as another felony involving a different
man to man classification in the Code.

TEST FOR ABUSE OF SUPERIOR STRENGTH: When must treachery be present:
the relative strength of the offender and his 1. When the aggression is continuous,
victim and whether or not he took advantage treachery must be present in the
of his greater strength beginning of the assault.
2. When the assault was not continuous,
When there are several offender participating in that there was interruption, it is
in the crime, they must ALL be principals by sufficient that treachery was present
direct participation and their attack against at the moment the fatal blow was
the victim must be concerted and intended to given.
be so.
Requisites:
Abuse of superior strength is inherent in the
crime of parricide. It is also present when the 1. That at the time of the attack, the
offender uses a weapon which is out of victim was not in a position to defend
proportion to the defense available to the himself;
offended party. 2. That the offender consciously adopted
the particular means, method of form
Means employed to weaken defense the of attack employed by him
offender employs means that materially
weaken the resisting power of the offended Treachery should be considered even if:
party.
1. Victim was not predetermined but
Paragraph 16. That the act be committed there was a generic intent to
with treachery treacherously kill any first two persons
belonging to a class
Treachery when the offender commits any 2. There was an accident
of the crimes against persons, employing 3. There was a mistake in the identity
means, methods or forms in the execution
thereof which tend directly and specially to Treachery absorbs:
unsure its execution, without risk to himself
arising from the defense which the offended 1. Craft
party might take 2. Abuse of superior strength
 3. Employing means to weaken the Paragraph 21. That the wrong done in the
defense commission of the crime be deliberately
4. Band augmented by causing other wrong not
5. Aid of armed men necessary for its commission
6. Nighttime
Cruelty when the culprit enjoys and delights
Paragraph 17. That means be employed or in making his victim suffer slowly and
circumstances brought about which add gradually, causing him unnecessary physical
ignomity to the natural effects of the act. pain in the consummation of the criminal act

Ignomity a circumstance pertaining to the Requisites:
moral order, which adds disgrace and
obloquy to the material injury caused by the 1. That the injury caused be deliberately
crime increased by causing other wrong
2. That the other wrong be unnecessary
Applies when the crime committed is against for the execution of the purpose of the
chastity. offender

which add ignomity to the natural effects Not inherent in crimes against persons.
thereof means employed or the Cannot be presumed.
circumstances brought about must tend to
make the effects of the crime more ARTICLE 15. Alternative circumstances are
humiliating to the victim or to put the those which must be taken into
offended party to shame, or add to his moral consideration as aggravating or mitigating
suffering. according to the nature and effects of the
crime and the other conditions attending
Paragraph 18. That the crime be its commission, they are the relationship,
committed after an unlawful entry intoxication, and the degree of instruction
and education of the offender.
Unlawful entry when an entrance is effected
by way not intended for the purpose The alternative circumstance of
relationship shall be taken into
Paragraph 19. That as a means to the consideration when the offended party is
commission of a crime a wall, roof, floor, the spouse, ascendant, descendant,
door, or window be broken. legitimate, natural, or adopted brother or
sister, or relative by affinity in the same
Applicable only if such acts were done by the degree of the offender.
offender to effect the ENTRANCE.
The intoxication of the offender shall be
Paragraph 20. That the crime be take into consideration as a mitigating
committed with the aid of persons under circumstance when the offender has
fifteen years of age, or by means of motor committed a felony in a state of
vehicle, airships, or other similar means. intoxication, if the same is not habitual or
subsequent to the plan to commit said
Two different circumstances grouped in felony, but when the intoxication is
this paragraph: habitual or intentional, it shall be
1. With the aid of persons under fifteen considered as an aggravating
years of age circumstance.
2. By means of motor vehicle, airships, or
other similar means Alternative Circumstances:
1. Relationship;
2. Intoxication;
 3. Degree of instruction and education of
the offender