MEMORY AID IN CRIMINAL LAW 2.

Purpose Retribution Prevention or

of penalty correction
BOOK ONE 3. Exempli- The RPC in The provisions
fied in general on impossible
CRIMINAL LAW – The branch or division of law which crimes and
defines crimes, treats of their nature and provides for habitual
their punishment. delinquency

LIMITATIONS ON THE POWER OF CONGRESS TO NOTE: A third school of thought may be added which is
ENACT PENAL LAWS called:
The law must not: (CODE:VEBI) Eclectic or Mixed Philosophy – this combines both
1. Violate the equal protection clause of the positivist and classical thinking. Crimes that are
Constitution. economic in nature and social in nature should be dealt
2. Partake the nature of an “ex post facto law”. with in a positivist manner; thus, the law is more
3. Partake of the nature of a “bill of attainder”. compassionate. Heinous crimes should be dealt with in a
4. Impose cruel and unusual punishment nor excessive classical manner: thus, capital punishment as imposed
fines. by RA 7659 is justified.
CHARACTERISTICS OF CRIMINAL LAW ART. 2. APPLICATION OF ITS
1. GENERAL - criminal law is binding on all persons
PROVISIONS
who live or sojourn in Philippine territory (Art. 14,
Exception to the Principle of Territoriality
NCC.).
EXCEPTIONS: those who are exempted by:
RULES ON VESSELS:
a. Treaty stipulations.
1. A Philippine vessel or aircraft must be understood
b. Laws of preferential application
as that which is registered in the Philippine Bureau
c. Principles of public internal law (i.e., sovereigns
of Customs.
and other chiefs of state, ambassadors,
ministers plenipotentiary, ministers resident, and
their charges d’affaires. But consuls, vice- 2. On Foreign Merchant Vessels:
consuls and other commercial representatives of FRENCH RULE ENGLISH RULE
foreign nations cannot claim the same privileges
and immunities. GENERAL RULE: GENERAL RULE:
Crimes are not triable Crimes are triable in
2. TERRITORIAL - criminal laws of the Philippines are in the courts of the the country,
enforceable only within its territory. country,
EXCEPTION: EXCEPTION:
EXCEPTION: their commission they merely affect
Art. 2 of the Revised Penal Code. affects the peace and things within the vessel
security of the territory or they refer to the
3. PROSPECTIVE - penal laws cannot make an act or the safety of the internal management
punishable in a manner in which it was not state is endangered. thereof.
punishable when committed. As provided in Article
366 of the Revised Penal Code, crimes are punished NOTE: The English rule is more assertive while the
under the laws in force at the time of their French rule is more restrained.
commission.
3. Merchant Vessel vs. Warship(Public Vessel)
EXCEPTION:
When a new statute dealing with the crime MERCHANT WARSHIP
established conditions more lenient or favorable to
the accused, it can be given a retroactive effect. More or less subject to Territory of the country
territorial laws where they belong. Not
EXCEPTION TO THE EXCEPTION: subject to territorial
a. The new law is expressly made inapplicable to laws
pending actions or existing causes of actions.
b. The offender is a habitual criminal. ART. 3. FELONIES

 If the new law totally repeals the existing law so that GENERAL ELEMENTS OF FELONIES:
the act which was penalized under the old law is no 1. There must be an act or omission i.e., external
longer punishable, the crime is obliterated. acts, internal acts are beyond the sphere of penal
laws.
ART. 1. TIME WHEN THE ACT TAKES 2. The act or omission must be punishable by the
EFFECT RPC;
3. The act is performed or the omission incurred by
TWO SCHOOLS OF THOUGHT IN means of dolo or culpa.

CRIMINAL LAW CLASSIFICATION OF FELONIES ACCORDING

CLASSICAL POSITIVIST TO THE MEANS BY WHICH THEY ARE
COMMITTED
1. Basis of Human free The sum of
criminal will social and 1. Intentional felonies - the act is performed with
liability economic deliberate intent or malice.
phenomena to
which the actor REQUISITES OF DOLO OR MALICE:
is exposed 1. FREEDOM;
 2. INTELLIGENCE; TEST TO DETERMINE WHETHER OFFENSE IS MALA
3. INTENT while doing the act or omitting to do the IN SE:
act. Criminal intent is presumed from the  The test is not the law punishing it but the nature of
commission of an unlawful act. the act itself. Although as a rule, special laws punish
acts as mala prohibita, if the act punished is
2. Culpable felonies – Performed without malice. wrongful in nature, or inherently immoral, like the
offense under the Election Code regarding the
REQUISITES OF CULPA: omission of the voter’s name in the voter’s list, the
1. FREEDOM; act is considered wrong per se and not a wrong
2. INTELLIGENCE; merely because it is prohibited. Hence, good faith
3. NEGLIGENCE AND IMPRUDENCE. Such and lack of criminal intent are valid defenses (People
negligence or indifference to duty or to vs Sunico [CA] 50 O.G., 5880)
consequence is, in law, equivalent to criminal
intent. INTENT MOTIVE
REASON FOR PUNISHING ACTS OF 1. purpose to use 1. moving power which
NEGLIGENCE: particular means to impels one to act
A man must use common sense, and exercise effect such result
due reflection in all his acts; it is his duty to be 2. element of the 2. NOT an element of
cautious, careful and prudent. crime, except in the crime
malum prohibitum
3. Mala Prohibita- the third class of crimes 3. essential in 3. essential only when
punishable by SPECIAL LAWS, and where criminal intentional felonies the identity of the
intent (or criminal negligence) is not, as a rule, perpetrator is in doubt
necessary, it being sufficient that the offender has
the intent to perpetrate the act prohibited by the
special law. ART. 4. CRIMINAL LIABILITY

MALA IN SE vs. MALA PROHIBITA REQUISITES FOR CRIMINAL LIABILITY FOR A

FELONY, DIFFERENT FROM THAT INTENDED TO BE
(CODE: G-CLAMP) COMMITTED
MALA IN SE MALA (ART 4 PAR. 1 ):
PROHIBITA 1. That an Intentional felony has been
1. As to The moral trait is The moral trait of committed;
moral trait considered. the offender is not 2. That the wrong done be different from that which
of the Liability will arise considered. It is was intended: and
offender only when there enough that the 3. That the intentional felony be the proximate cause of
is dolo or culpa. prohibited act was the wrong done.
voluntarily done.
2. As to Good faith or Good faith is not a PROXIMATE CAUSE -the cause, which, in natural and
use of lack of criminal defense. continuous sequence, unbroken by any efficient
good faith intent is a valid intervening cause, produces the injury, and without
as a defense; unless which the result would not have occurred.
defense the crime is the
result of culpa. CAUSES WHICH MAY PRODUCE A RESULT
3. As to The degree of The act gives rise DIFFERENT FROM THAT INTENDED
degree of accomplishment to a crime only 1. Error in personae - mistake in the identity of the
accomplish of the crime is when it is victim
ment of the taken into consummated. 2. Aberratio ictus- mistake in the blow
crime account in 3. Praeter intentionem- the injurious result is different
punishing the from that intended
offender.
4. As to Mitigating and Mitigating and REQUISITES OF MISTAKE OF FACT AS DEFENSE:
mitigating aggravating aggravating (U.S. vs. Ah Chong)
and circumstances circumstances are 1. The act done would have been lawful had the facts
aggravating are taken into not taken into been as accused believed them to be
circumstan- account in account 2. The intention of the accused in doing the act was
ces
imposing the lawful
penalty 3. The mistake was without fault or carelessness on
5. As to When there is Degree of the part of the accused
degree of more than one participation is not
participati offender, the taken into account. REQUISITES OF AN IMPOSSIBLE CRIME (ART. 4,
on degree of All who PAR. 2):
participation of perpetrated the act
each in the are punished to 1. That the act performed would be an offense against
commission of the same extent. persons or property
the crime s 2. That the act was done with evil intent
taken into 3. That its accomplishment is inherently impossible,
account. OR that the means employed is either inadequate or
6. As to 1. Violation of 1. Violation of ineffectual.
what laws the R.P.C. Special Laws 4. That the act performed should NOT constitute a
are (General (General rule) violation of another provision of the Revised Penal
violated rule) Code.

 There is no such thing as an attempted or frustrated

impossible crime.
 FORMAL CRIMES - consummated in one instant, no
attempt.

MATERIAL CRIMES - 3 stages of execution.

ART. 6. CONSUMMATED,
FRUSTRATED AND ART. 7. LIGHT FELONIES
ATTEMPTED FELONIES
GENERAL RULE: Light felonies are punishable only
STAGES OF OFFENSES when they have been consummated.
1. CONSUMMATED FELONY - A felony is EXCEPTION: If committed against persons or property,
consummated when all the elements necessary for punishable even if attempted or frustrated.
its execution and accomplishment are present.
 Only principals and accomplices are liable for light
2. FRUSTRATED FELONY felonies
ELEMENTS:
(CODE: APNI)  Accessories are not liable, even if they are
1. The offender performs all the acts of execution committed against persons or property.
2. All the acts performed would produce the felony
as a consequence ART. 8. CONSPIRACY AND PROPOSAL
3. But the felony is not produced TO COMMIT FELONY
4. By reason of causes independent of the will of REQUISITES OF CONSPIRACY:
the perpetrator 1. That two or more persons came to an agreement;
2. That the agreement pertains to the commission of a
3. ATTEMPTED FELONY felony; and
ELEMENTS: 3. That the execution of the felony be decided upon.
(CODE: CANO) TWO WAYS FOR CONSPIRACY TO EXIST:
1. The offender commences the commission of the 1. There is a previous and express agreement;
felony directly by overt acts 2. The participants acted in concert or simultaneously
2. He does not perform all the acts of execution which is indicative of a meeting of the minds towards
which should produce the felony a common criminal objective. There is an implied
3. The offender’s act be not stopped by his own agreement.
spontaneous desistance;
4. The non-performance of all acts of execution REQUISITES OF PROPOSAL:
was due to cause or accident other than his own 1. That a person has decided to commit a felony; and
spontaneous desistance. 2. That he proposes its execution to some other person
or persons.
 OVERT ACTS: Some physical activity or deed,
indicating intention to commit a particular crime, TWO ASPECTS OF CONSPIRACY OR PROPOSAL
more than a mere planning or preparation, which if TO COMMIT FELONY:
carried to its complete termination following its 1. GENERAL RULE: As a manner of incurring criminal
natural course, without being frustrated by external liability.
obstacles, nor by voluntary desistance of the 2. EXCEPTION: As a separate punishable offense.
perpetrator will logically ripen into a concrete
offense. RULES ON CONSPIRACY OR PROPOSAL TO
COMMIT A FELONY:
 INDETERMINATE OFFENSE: One where the 1. GENERAL RULE: Mere conspiracy and
purpose of the offender in performing an act is not proposal to commit a felony are not punishable.
certain. The accused maybe convicted for a felony Reason: conspiracy and proposal to commit a
defined by the acts performed by him up to the time crime are only preparatory acts.
of desistance. (People vs. Lamahang, 61 Phil 703) 2. EXCEPTION: They are punishable in cases in
which the law specially provides a penalty
TWO STAGES IN THE DEVELOPMENT OF A CRIME: therefor.
1. Internal acts, such as mere ideas in the mind of a
person, are not punishable even if they would  When conspiracy is only a basis for incurring
constitute a crime, had they been carried out. criminal liability, there must be an overt act before
2. External acts cover a) preparatory acts and b) acts the co-conspirators become criminally liable. In
of execution. which case, the rule is that: “the act of one is the act
a. Preparatory acts are ordinarily not punishable. of all”.
But preparatory acts, considered by law as
independent crimes, are punishable (e.g. the EXCEPTION: If any of the co-conspirators would
possession of picklocks under Art. 304, RPC, commit a crime not agreed upon, the same is NOT
which is a preparatory act to the commission of the act of all.
robbery).
b. Acts of execution are punishable under the EXCEPTION TO THE EXCEPTION: But in acts
Revised Penal Code. constituting a “single indivisible offense”, all will be
liable for a crime committed by one co-conspirator.
FACTORS TO CONSIDER IN DETERMINING The defense of a particular conspirator would be
WHETHER THE FELONY IS ATTEMPTED, that he tried to prevent the commission of such
FRUSTRATED OR CONSUMMATED: other act.
(CODE- MEN)
1. Nature of the offense ART. 9. CLASSIFICATION OF FELONIES
2. Elements constituting the felony ACCORDING TO GRAVITY
3. Manner of committing the felony
IMPORTANCE OF THE CLASSIFICATION:
a. To determine whether these felonies can be
complexed or not;
b. To determine the prescription of the crime and the RELATIVES THAT CAN BE DEFENDED:
prescription of the penalty. (CODE: SAD B4R)
ART. 10. OFFENSES NOT SUBJECT TO 1. Spouse
THE PROVISIONS OF THE RPC 2. Ascendants
3. Descendants
GENERAL RULE: The provisions of the RPC on 4. Legitimate, natural or adopted brothers and sisters,
penalties cannot be applied to offenses punishable or relatives by affinity in the same degrees.
under special laws. 5. Relatives by consanguinity within the fourth civil
EXCEPTION: If the penalties in the special law follow degree
the penalties in the RPC, the rules in the RPC shall be 3. DEFENSE OF STRANGER
applicable (People vs Martin Simon, July 1994). REQUISITES:
1. Unlawful Aggression;
2. Reasonable necessity of the means employed to
ART. 11. JUSTIFYING CIRCUMSTANCES
prevent or repel it; and
3. The person defending be not induced by revenge,
JUSTIFYING CIRCUMSTANCES - are those where the
resentment or other evil motive.
act of a person is said to be in accordance with law, so
that such person is deemed not to have transgressed
4. AVOIDANCE OF GREATER EVIL OR INJURY
the law and is free from both criminal and civil liability.
REQUISITES:
There is no civil liability, except in par. 4 of Art. 11,
1. That the evil sought to be avoided actually
where the civil liability is borne by the persons benefited
exists;
by the act.
2. That the injury feared be greater than that done
to avoid it; and
1. SELF-DEFENSE
3. There be no other practical and less harmful
REQUISITES:
means of preventing it.
1. Unlawful aggression (condition sine qua non);
2. Reasonable necessity of the means employed to
 The greater evil must not be brought about by the
prevent or repel it; and
negligence or imprudence of the actor.
3. Lack of sufficient provocation on the part of the
person defending himself
 Civil liability referred to in a state of necessity is
based not on the act committed, but on the benefit
 UNLAWFUL AGGRESSION is equivalent to assault
derived from the state of necessity. Thus, only the
or at least threatened assault of an immediate and
person benefited is civilly liable.
imminent kind.
5. FULFILLMENT OF DUTY; OR LAWFUL
 TEST OF REASONABLENESS - the means
EXERCISE OF RIGHT OR OFFICE
employed depends upon the nature and quality of
REQUISITES:
the (1) weapon used by the aggressor, and (2) his
1. That the accused acted in the performance of a duty
physical condition, character, size and other
or in the lawful exercise of a right or office;
circumstances, (3) and those of the person
2. That the injury caused or the offense committed be
defending himself, (4) and also the place and
the necessary consequence of the due performance
occasion of the assault.
of duty or the lawful exercise of such right or office.
 NOT required for reasonable necessity: Perfect 6. OBEDIENCE TO AN ORDER ISSUED FOR SOME
equality between the weapons used by the one LAWFUL PURPOSE
defending himself and that of the aggressor is not REQUISITES:
required, nor material commensurability between the 1. That an order has been issued by a superior
means of attack and defense. Reason: This is 2. That such order must be for some lawful purpose
because the person assaulted does not have 3. That the means used by the subordinate to carry out
sufficient tranquility of mind to think and to calculate. said order is lawful

 Rights included in self-defense: ART. 12. EXEMPTING CIRCUMSTANCES

Self-defense includes not only the defense of the DEFINITION:
person or body of the one assaulted but also that of Exempting circumstances (or the circumstances for
his rights, the enjoyment of which is protected by non-imputability) - are those grounds for exemption from
law. punishment, because there is wanting in the agent of the
1. Includes the right to honor. Hence, a slap on the crime any of the conditions which makes the act
face is considered as unlawful aggression voluntary, or negligent.
directed against the honor of the actor (People vs BASIS: (CODE – FINI)
Sabio, 19 SCRA 901), The exemption from punishment is based on the
2. Includes defense of property rights, only if there complete absence of intelligence, freedom of action, or
is also an actual and imminent danger on the intent, or on the absence of negligence on the part of the
person of the one defending (People vs Apolinar, accused.
38 O.G. 2879).
(CODE: CALL)
2. DEFENSE OF RELATIVES JUSTIFYING EXEMPTING
REQUISITES: CIRCUMSTANCE CIRCUMSTANCE
1. Unlawful Aggression;
1. It affects the act 1. It affects the actor
2. Reasonable necessity of the means employed to
not the actor. not the act.
prevent or repel it; and
2. The act is 2. The act
3. In case the provocation was given by the person
considered to have complained of is
attacked, the one making the defense had no
been done within actually wrongful,
part therein.
 the bounds of law; but the actor is ELEMENTS:
hence, legitimate not liable. 1. That the threat which causes the fear is of an evil
and lawful in the greater than, or at least equal to, that which he is
eyes of the law. required to commit;
3. Since the act is 3. Since the act 2. That it promises an evil of such gravity and
considered lawful, complained of is imminence that the ordinary man would have
there is no crime. actually wrong, succumbed to it.
there is a crime;
but since the actor  Duress as a valid defense should be based on real,
acted without imminent, or reasonable fear for one’s life or limb
voluntariness, and should not be speculative, fanciful, or remote
there is no dolo fear.
nor culpa.
4. Since there is no 4. Since there is a  Hence, duress is unavailing where the accused had
crime, nor a crime committed every opportunity to run away if he had wanted to, or
criminal, there is though there is no to resist any possible aggression because he was
also no liability, criminal, there is also armed.
criminal nor civil. civil liability.
DISTINGUISHED FROM IRRESISTIBLE FORCE:
1. IMBECILITY OR INSANITY In irresistible force (par. 5), the offender uses
 Insanity or imbecility exists when there is a complete violence or physical force to compel another person to
deprivation of intelligence freedom of the will. commit a crime; in uncontrollable fear (par. 6), the
offender employs intimidation or threat in compelling
 An insane person is not so exempt if it can be shown another to commit a crime.
that he acted during a lucid interval. But an imbecile 7. A PERSON WHO FAILS TO PERFORM AN ACT
is exempt in all cases from criminal liability. REQUIRED BY LAW, WHEN PREVENTED BY
SOME LAWFUL OR INSUPERABLE CAUSE.
2 TESTS OF INSANITY:
Test of COGNITION – complete deprivation of ELEMENTS:
intelligence in committing the crime. 1. That an act is required by law to be done
Test of VOLITION – total deprivation of freedom of 2. That a person fails to perform such act
will. (Pp. v. Rafanan) 3. That his failure to perform such act was due to some
lawful or insuperable cause.
2. PERSON UNDER NINE YEARS OF AGE
 An infant under the age of nine years is absolutely ABSOLUTORY CAUSES
and conclusively presumed to be incapable of DEFINITION:
committing a crime. Absolutory cause – a circumstance which is
present prior to or simultaneously with the offense by
 The phrase “under nine years” should be construed reason of which, the accused who acts with criminal
“nine years or less”. intent, freedom and intelligence does not incur
criminal liability for an act which constitutes a crime,
3. PERSON OVER NINE YEARS OF AGE AND such as:
UNDER FIFTEEN, ACTING WITHOUT 1. Spontaneous desistance (Art.6)
DISCERNMENT 2. Accessories who are exempt from criminal
Discernment - mental capacity (i.e. of a minor) to fully liability (Art. 20)
appreciate the consequences of an unlawful act. 3. Death or physical injuries under exceptional
Discernment may be shown by: circumstances (Art. 247)
a. The manner the crime was committed; or 4. Persons exempt from criminal liability in theft,
b. The conduct of the offender after its commission swindling and malicious mischief (Art. 332)
5. Instigation is an absolutory cause. REASON: An
4. A PERSON WHO WHILE PERFORMING A instigator practically induces the “would-be
LAWFUL ACT WITH DUE CARE, CAUSES accused” into the commission of the offense,
INJURY, BY MERE ACCIDENT WITHOUT FAULT and himself becomes a co-principal. Sound
OR INTENTION OF CAUSING IT public policy requires that the courts condemn
this practice by directing the acquittal of the
ELEMENTS: accused.
1. A person is performing a lawful act;
1. With due care; ART. 13. MITIGATING CIRCUMSTANCES
2. He causes injury to another by mere DEFINITION:
accident; Mitigating circumstances - those which, if present in
3. Without fault or intention of causing it. the commission of the crime, do not entirely free the
actor from criminal liability, but serve only to reduce the
penalty.
5. A PERSON WHO ACTS UNDER THE
COMPULSION OF AN IRRESISTIBLE FORCE BASIS: (CODE: FILI)
ELEMENTS: Mitigating circumstances are based on the
1. That the compulsion is by means of physical force. diminution of either freedom of action, intelligence, or
2. That the physical force must be irresistible. intent, or on the lesser perversity of the offender.
3. That the physical force must come from a third
person. CLASSES OF MITIGATING CIRCUMSTANCES:
ORDINARY PRIVILEGED
6. A PERSON WHO ACTS UNDER THE IMPULSE
OF UNCONTROLLABLE FEAR OF AN EQUAL OR
GREATER INJURY
As to If not offset, it will It operates to an unlawful aggression, which may give rise to self-
the operate to reduce reduce the defense.
effect the penalty to the penalty by one
minimum period, to two DEGREES PARAGRAPH 5: VINDICATION OF GRAVE OFFENSE
provided the depending REQUISITES:
penalty is a upon what the 1. That there be a grave offense done to the one
divisible one. law provides. committing the felony, his spouse, ascendants,
As to May be offset by Cannot be descendants, legitimate, natural or adopted brothers
offset aggravating offset or sisters, or relatives by affinity within the same
circumstance degrees;
2. That the felony is committed in vindication of such
Where subsections 1 to Arts. 68, 69 grave offense.
found 10 of Article 13, and 64 of the
RPC. RPC.  Immediate vindication means proximate. Hence, a
lapse of time is allowed between the vindication and
PARAGRAPH 1: INCOMPLETE JUSTIFYING OR the doing of the grave offense.
EXEMPTING CIRCUMSTANCE
1. Applies, when all the requisites necessary to justify PROVOCATION VINDICATION
the act are not attendant.
2. But in the case of “incomplete self-defense, defense 1. It is made directly 1. The grave offense
of relatives, and defense of stranger”, unlawful only to the person may be committed
aggression must be present, it being an committing the also against the
indispensable requisite. felony. offender’s
relatives
PARAGRAPH 2: UNDER 18, OR OVER 70 YEARS mentioned by law.
OLD
LEGAL EFFECTS OF VARIOUS AGES OF 2. The cause that 2. The offended
OFFENDER: brought about the party must have
1. The age of absolute irresponsibility - Under 9 years provocation need done a grave
of age, an exempting circumstance (Art. 12, par. 2); not be a grave offense to the
2. The age of mitigated responsibility - Over 9 and offense. offender or his
under 15 years of age, acting without discernment is relatives
also an exempting circumstance, (Art. 12, par. 3; see mentioned by law.
Art. 68, par. 1);
3. It is necessary that 3. The vindication of
3. Minor delinquent (under 18 years of age), the
the provocation or the grave offense
sentence may be suspended (Art. 192, PD 603, as
threat immediately may be
amended by PD 1179);
preceded the act. proximate, which
4. Under 18 years of age, privileged mitigating
admits of an
circumstance (Art. 68);
INTERVAL of
5. age of full responsibility - 18 years or over, full
time.
criminal responsibility;
6. The age of mitigated responsibility - 70 years or
PARAGRAPH 6: PASSION OR OBFUSCATION
over, mitigating circumstance (Art. 13, par. 2), no
REQUISITES:
imposition of death penalty (Art. 47, par. 1),
1. The accused acted upon an impulse.
execution of death sentence if already imposed is
2. The impulse must be so powerful that it naturally
suspended and commuted (Art. 83).
produced passion or obfuscation in him.
PARAGRAPH 3: NO INTENTION TO COMMIT SO
REQUISITES OF THE MITIGATING CIRCUSTANCE
GRAVE A WRONG
OF PASSION OR OBFUSCATION
1. If the offender had no intention to commit so grave a
1. That there be an act, both unlawful and sufficient to
wrong as that committed, he is entitled to a
produce such a condition of mind;
mitigating circumstance. This can be taken into
2. That said act which produced the obfuscation was
account only when the facts proven show that there
not far removed from the commission of the crime by
is a notable and evident disproportion between the
a considerable length of time, during which the
means employed to execute the criminal act and its
perpetrator might recover his normal equanimity.
consequences.
2. This paragraph is not applicable to culpable felonies.
REASON: When there are causes naturally producing in
a person powerful excitement, he loses his reason and
PARAGRAPH 4: PROVOCATION OR THREAT
self-control, thereby diminishing the exercise of his will
DEFINITION:
power.
Provocation - is understood as any unjust or improper
conduct or act of the offended party, capable of exciting,
EXCEPTIONS: But even when there is actually passion
inciting, or irritating any one.
or obfuscation on the part of the offender, there is no
mitigating circumstance if:
a. The act is committed in a spirit of lawlessness;
or
REQUISITES: (CODE: SOI)
b. The act is committed in a spirit of revenge.
1. The provocation must be sufficient.
2. It must originate from the offended party.
PARAGRAPH 7: SURRENDER AND CONFESSION
3. The provocation must be immediate to the
OF GUILT
commission of the crime by the person who is
TWO MITIGATING CIRCUMSTANCES ARE
provoked.
PROVIDED IN THIS PARAGRAPH:
1. Voluntary surrender to a person in authority or his
 The threat should not be offensive and positively
agents.
strong. Otherwise, the threat to inflict real injury is
2. Voluntary confession of guilt before the court, prior party
to the presentation of evidence for the prosecution. (4) Abuse of confidence; or obvious ungratefulness
(5) Places of commission
REQUISITES OF VOLUNTARY SURRENDER: (6) Nighttime; uninhabited place; or band
(CODE: ASV) (7) Recidivism
1. That the offender had not been actually arrested; (8) Reiteracion
2. That the offender surrendered himself to a person (9) Craft, fraud, or disguise
in authority or to the latter’s agent; (10)Unlawful entry
3. That the surrender was voluntary. (11)By breaking wall, etc.
(12)Aid of a minor (under 15 years)
WHEN SURRENDER VOLUNTARY – A surrender to be
voluntary must be spontaneous, showing the intent of 2. SPECIFIC-- those that apply only to particular
the accused to submit himself unconditionally to the crimes.
authorities, either because:  USUALLY: ignominy in crimes against chastity; or
1. he acknowledges his guilt; or cruelty and treachery in crimes against persons
2. he wishes to save them the trouble and expense  ENUMERATED:
necessarily incurred in his search and capture. (1) disregard of rank, age, or sex of offended party
(2) superior strength; or means to weaken the
REQUISITES OF VOLUNTARY PLEA OF GUILTY: defense
(CODE: SCoP) (3) treachery
1. That the offender spontaneously confessed his (4) ignominy
guilt; (5) cruelty
2. That the confession of guilt was made in open court, (6) use of unlicensed firearm in murder or homicide
that is, before the competent court that is to try the (Section 1, RA 8294)
case; and
3. That the confession of guilt was made prior to the 3. QUALIFYING– those that change the nature of the
presentation of evidence for the prosecution. crime.
PARAGRAPH 8: PHYSICAL DEFECT OF THE  EXAMPLES: Alevosia (treachery), or evident
OFFENDER premeditation qualifies the killing of a person to
DEFINITION: murder
Physical defect - referred to in this paragraph is such 4. INHERENT– those that must, of necessity,
as being armless, cripple, or a stutterer, whereby his accompany the commission of the crime. These will
means to act, to defend himself, or to communicate with not aggravate the crime.
his fellow human beings, is limited. However, it is  EXAMPLE: Evident premeditation is inherent in
essential that the physical defect has some relation to robbery, theft, estafa, adultery, or concubinage
the crime committed by him.
(CODE: NO)
PARAGRAPH 9: ILLNESS OF THE OFFENDER
QUALIFYING GENERIC
REQUISITES:
AGGRAVATING AGGRAVATING
1. That the illness of the offender diminishes the
CIRCUMSTANCE CIRCUMSTANCE
exercise of his will power.
2. That such illness should not deprive the offender of
1. It does not only 1. Its effect is to
consciousness of his acts.
give the crime its increase the
proper and penalty, which
PARAGRAPH 10: SIMILAR AND ANALOGOUS
exclusive name, should be imposed
CIRCUMSTANCES
but also places the upon the accused
author thereof in without exceeding
 Authorizes the court to consider in favor of the
such a situation as the limit prescribed
accused “any other circumstance of a similar nature
to deserve no by law. It does not
and analogous to those mentioned” in paragraphs 1
other penalty than change the crime
to 9 of Article 13.
that specially
prescribed by law
ART. 14 AGGRAVATING CIRCUMSTANCES for said crime.
DEFINITION:
Aggravating circumstances - are those which, if
2. It cannot be offset 2. It may be
attendant in the commission of the crime, serve to
by an ordinary compensated by a
increase the penalty without, however, exceeding the
mitigating mitigating
maximum of the penalty provided by law for the offense.
circumstance. circumstance.
BASIS:
They are based on the greater perversity of the offender MODIFICATIONS IN THE APPLICATION OF SOME
manifested in the commission of the felony, as shown by AGGRAVATING CIRCUMSTANCES (ACs)
(1) the motivating power itself, (2) the place of (CODE: No Personal Knowledge of Public Syndicate)
commission, (3) the means and ways employed, (4) the 1. ACs WHICH DO NOT HAVE THE EFFECT OF
time, or (5) the personal circumstances of the offender, INCREASING THE PENALTY. (a) Those which in
or of the offended party. themselves, constitute a crime specially punishable
by law, and (b) those which are included by the law
FOUR KINDS OF AGGRAVATING CIRCUMSTANCES: in defining a crime and prescribing the penalty
1. GENERIC– those that can generally apply to all therefore (Art. 62, par. 1).
crimes 2. ACs WHICH ARE PERSONAL TO THE
 USUALLY: dwelling; nighttime; recidivism OFFENDERS. Those which arise: a) from the moral
 ENUMERATED: attributes of the offender, or b) from his private
(1) Advantage taken of public position relations with the offended party, or c) from any
(2) Contempt or insult to public authorities other personal cause, shall only serve to aggravate
(3) Commission in the dwelling of the offended the liability of the principals, accomplices, and
 accessories as to whom such circumstances are AGGRAVATING IN THE FOLLOWING CASES:
ATTENDANT (Art. 62, par. 3). a. When the offender acted with passion and
3. ACs WHICH DEPEND FOR THEIR APPLICATION obfuscation.
UPON THE KNOWLEDGE OF THE OFFENDERS. b. When there exists a relationship between the
Those which consist 1) in the material execution of offended party and the offender.
the act, or 2) in the means employed to accomplish c. When the condition of being a woman is
it, shall serve to aggravate the liability of those indispensable in the commission of the crime. Thus,
persons only who had KNOWLEDGE of them at the in (1) parricide, (2) abduction, (3) seduction and (4)
time of the execution of the act or their cooperation rape in Art. 266-A par.1, sex is not aggravating
therein (Art. 62, par. 4).
4. When in the commission of the crime, advantage  Is disregard of sex absorbed in treachery?
was taken by the offender of his public position, or The aggravating circumstance of disregard of
when the offense was committed by a person who sex and age are NOT absorbed in treachery
belongs to a syndicated crime group, the because treachery refers to the manner of the
maximum penalty shall be imposed regardless of commission of the crime, while disregard for sex and
mitigating circumstances. age pertains to the relationship to the victim (P v.
Lapaz; March 31, 1989)
PARAGRAPH 1: ADVANTAGE TAKEN OF PUBLIC
POSITION 2. That the crime be committed in the
dwelling of the offended party.
TEST: Did the accused abuse his office in order to REASON for aggravating the commission of the crime in
commit the crime? one’s dwelling:
a. The abuse of confidence which the offended
THIS CIRCUMSTANCE NOT APPLIED IN: party reposed in the offender by opening the
1. FALSIFICATION OF DOCUMENT COMMITTED door to him; or
BY PUBLIC OFFICERS UNDER ART. 171. b. The violation of the sanctity of the home by
2. ACCESSORIES UNDER ART. 19, PAR. 3 trespassing therein with violence or against the
3. CRIMES COMMITTED BY PUBLIC OFFICERS will of the owner.
(FOUND IN ARTS. 204-245). DEFINITIONS
 Dwelling - must be a building or structure,
PARAGRAPH 2: CONTEMPT OR INSULT TO PUBLIC exclusively used for rest and comfort. It includes
AUTHORITIES dependencies, the foot of the staircase and
REQUISITES: enclosure under the house.
1. That the public authority is engaged in the exercise
of his functions.  There must be NO provocation, in order to consider
2. That he who is thus engaged in the exercise of said this AC. By PROVOCATION is meant, one which is:
functions is NOT the person against whom the crime 1.Given by the owner of the dwelling,
is committed. 2.Sufficient, and
3. The offender knows him to be a public authority. 3.Immediate to the commission of the crime.
4. His presence has not prevented the offender from
committing the criminal act. NOTE: For this circumstance to be considered, it is
NOT necessary that the accused should have
 Knowledge that a public authority is present is actually entered the dwelling of the victim to commit
essential. the offense. It is enough that the victim was
attacked inside his own house, although the
DEFINITION: assailant may have devised means to perpetrate the
A Public Authority, sometimes also called a “person in assault from without.
authority”, is a public officer who is directly vested with
jurisdiction, that is, a public officer who has the power to DWELLING IS NOT AGGRAVATING IN THE
govern and execute the laws. FOLLOWING CASES:
a. When both offender and offended party are
PARAGRAPH 3: DISREGARD OF RANK, AGE, OR occupants of the same house, even if the offended
SEX OF OFFENDED PARTY; OR COMMISSION IN party is a servant in the house.
THE DWELLING OF THE OFFENDED PARTY  BUT in adultery, it is still aggravating even if it
was also the dwelling of the unfaithful wife,
 If all the four circumstances enumerated in this because of a very grave offense against the
paragraph are present, they have the weight of only head of the house. BUT the rule is again
one aggravating circumstance. different if both the unfaithful wife and the
paramour were living, and had the right to live, in
1. That the act be committed with insult or the same house of the offended spouse.
in disregard of the respect due the
offended party on account of the – b. In robbery by use of force upon things and trespass
a. rank of the offended party. There must be a to dwelling because dwelling is inherent.
difference in the social condition of the offender
and the offended party. PARAGRAPH 4: ABUSE OF CONFIDENCE; OR
b. age of the offended party. Applies to cases OBVIOUS UNGRATEFULNESS
where the victim is of tender age as well as of
old age. REQUISITES OF ABUSE OF CONFIDENCE:
c. sex of the offended party. This refers to the 1. That the offended party had trusted the offender.
female sex, not to the male sex. 2. That the offender abused such trust by committing a
crime against the offended party.
 This circumstance (rank, age, or sex) is applicable 3. That the abuse of confidence facilitated the
only in crimes against persons or honor. commission of the crime.

DISREGARD OF RANK, AGE, OR SEX IS NOT REQUISITES OF OBVIOUS UNGRATEFULNESS:

1. That the offended party had trusted the offender; OR NOT AGGRAVATING]
2. That the offender abused such trust by committing a 4. “BAND” - Whenever more than three armed
crime against the offended party; and malefactors shall have acted together in the
3. That the act be committed with obvious commission of an offense, it shall be deemed to
ungratefulness. have been committed by a band.
 The confidence between the offender and the 5. “Acted together” - means direct part in the
offended party must be immediate and personal. execution of the act constituting the crime. Hence, if
one of the four armed men is a principal by
PARAGRAPH 5: PLACES OF COMMISSION inducement only, they do not form a band, because
Places: a principal by inducement connotes that he has no
1. Palace of the Chief Executive; direct participation in the perpetration thereof.
2. In the presence of the Chief Executive;
3. Where public officers are engaged in the PARAGRAPH 7: ON OCCASION OF CALAMITY OR
discharge of their duties; MISFORTUNE
4. Place dedicated to religious worship.
THE REASON for the existence of this
circumstance is found in the debased form of criminality
PAR. 2: PAR. 5: PLACE met in one who, in the midst of a great calamity, instead
CONTEMPT OR WHERE PUBLIC of lending aid to the afflicted, adds to their great suffering
INSULT TO AUTHORITIES by taking advantage of their misfortune to despoil them.
PUBLIC ARE ENGAGED IN
AUTHORITIES THE DISCHARGE PARAGRAPH 8: AID OF ARMED MEN, ETC.
OF THEIR DUTIES
1. The public 1. The public REQUISITES:
authorities are authorities, who 1. That armed men or persons took part in the
performing their are in the commission of the crime, directly or indirectly.
duties outside of performance of 2. That the accused availed himself of their aid or
their office. their duties, must relied upon them when the crime was committed.
be in their office.
2. The public 2. The public Exceptions:
authority should authority may be 1. This aggravating circumstance shall not be
not be the the offended party. considered when both the attacking party and the
offended party. party attacked were equally armed.
2. This aggravating circumstance is not present when
the accused as well as those who cooperated with
NOTE: There is a decided case to the effect that the him in the commission of the crime acted under the
offender must have the intention to commit a crime when same plan and for the same purpose.
he entered the place; i.e. “she must have murder in her
heart” (People v. Jaurigue, 76 Phil 174). Any of the said  Aid of armed men is absorbed by “employment by a
places is not therefore, aggravating, if the crime was band”.
casually committed therein.

PARAGRAPH 6: NIGHTTIME; UNINHABITED PLACE;

OR BAND
NIGHTTIME, UNINHABITED PLACE OR BAND IS
par 8 (“WITH AID OF ARMED MEN”)
AGGRAVATING – vs. par. 6 (“bY A BAND”)
1. When it facilitated the commission of the crime; or BAND ARMED MEN
2. When it was especially sought for by the offender to 1. requires more 1. AT LEAST 2
insure the commission of the crime or for the than three armed
purpose of impunity; or malefactors
3. When the offender took advantage thereof for the 2. shall have acted 2. actual aid is not
purpose of impunity. necessary, sufficient
together in the
commission of an even if offenders
DEFINITIONS: merely relied on the
offense.
1. “For the purpose of impunity” - means to prevent aid of the armed
his (accused’s) being recognized, or to secure men
himself against detection and punishment.
2. “Nighttime” - is the period of darkness beginning at
the end of dusk and ending at dawn. Nighttime by PARAGRAPH 9: RECIDIVIST
and of itself is not necessarily aggravating. TESTS: REQUISITES: (CODE: TriPS CONVICTED)
(1) the commission of the crime must begin and be 1. That the offender is on trial for an offense;
accomplished in the nighttime; or (2) the offense 2. That he was previously convicted by final judgment
must be actually be committed in the darkness of the of another crime;
night. 3. That both the first and the second offenses are
3. “An uninhabited place” - is one where there are no embraced in the same title of the Code;
houses at all, a place at a considerable distance 4. That the offender is convicted of the new offense.
from town, or where the houses are scattered at a
great distance from each other. [TEST OF  There is no recidivism if the subsequent conviction is
UNINHABITED PLACE] But whether or not the for an offense committed before the offense involved
crime is attended by this aggravating circumstance in the prior conviction.
should be determined not by the distance of the
nearest house from the scene of the crime, but PARAGRAPH 10: REITERACION OR HABITUALITY
whether or not in the place of the commission of the REQUISITES: (CODE: TriPLE CONVICTED)
offense there was a reasonable possibility of the 1. That the accused is on trial for an offense;
victim receiving some help. [TEST OF WHETHER 2. That he previously served sentence for another
 offense to which the law attaches an equal or
greater penalty, or for two or more crimes to which it PARAGRAPH 14: CRAFT, FRAUD, OR DISGUISE
attaches lighter penalty than that for the new DEFINITIONS:
offense. 1. Craft - involves the use of intellectual trickery or
3. That he is convicted of the new offense. cunning on the part of the accused.
2. Fraud - involves the use of insidious words and
RECIDIVISM REITERACION machination, used to induce the victim to act in a
manner, which would enable the offender to
1. It is enough that a 1. It is necessary that
carry out his design.
final judgment has the offender shall
3. Disguise - involves resort to any device in order
been rendered in have served out
to conceal identity.
the first offense. his sentence for
the first offense
 When there is a direct inducement by insidious
2. Recidivism 2. The previous and
words or machinations, fraud is present; otherwise,
requires that the subsequent
the act of the accused done in order not to arouse
offenses be offenses must
the suspicion of the victim constitutes craft.
included in the NOT be embraced
same title of the in the same title of
PARAGRAPH 15: SUPERIOR STRENGTH; OR
Code. the Code
MEANS TO WEAKEN DEFENSE
1. Superior Strength - To take advantage of superior
FORMS OF REPETITION strength means to use purposely, excessive force
1. Recidivism (Par. 9, Art. 14) out of proportion to the means of defense available
2. Reiteracion or habituality (Par. 10, Art. 14) to the person attacked.
3. Multi-recidivism or habitual delinquency (Art. 62, Par.
5)  The aggravating circumstance of abuse of superior
4. Quasi-Recidivism (Art. 160) strength depends on the age, size, and strength of
the parties.

PARAGRAPH 11: PRICE, REWARD, OR PROMISE 2. Means to weaken the defense - The offender
employs means to materially weaken the resisting
 When this aggravating circumstance is present, power of the offended party.
there must be two or more principals; the one who
gives or offers the price or promise and the one who PARAGRAPH 16: TREACHERY (ALEVOSIA)
accepts it.
There is treachery when the offender commits
 The evidence must show that one of the accused any of the crimes against the person, employing means,
used money or other valuable consideration for the methods or forms in the execution thereof which tend
purpose of inducing another to perform the deed. directly and specially to insure its execution, without risk
to himself arising from the defense which the offended
 When this aggravating circumstance is present, it party might make.
affects not only the person who received the price or
the reward, but also the person who gave it.
REQUISITES:
PARAGRAPH 12: BY MEANS OF INUNDATION, FIRE, 1. That at the time of the attack, the victim was not in a
ETC. position to defend himself;
2. That the offender consciously adopted the particular
 Any of the circumstances in paragraph 12 cannot be means, method or form of the attack employed by
considered to increase the penalty or to change the him.
nature of the offense unless used by the offender as
a means to accomplish a criminal purpose.  Killing a child is characterized by treachery, because
the weakness of the victim due to his tender age
PAR. 12 PAR. 7 results in the absence of any danger to the accused.
Under par. 12, the Under par.7, the crime
crime is committed by is committed on the RULES ON TREACHERY:CODE: (PICTA)
means of any of such occasion of a calamity 1. Applicable only to crimes against persons
acts involving great or misfortune. 2. Means, methods, or forms need not insure
waste and ruin. accomplishment of crime.
3. The mode of attack must be consciously adopted.
PARAGRAPH 13: EVIDENT PREMEDITATION 4. Must be present at the proper time.
5. Treachery absorbs abuse of superior strength, aid of
The essence of premeditation is that the armed men, by a band and means to weaken the
execution of the criminal act must be preceded by cool defense.
thought and reflection upon the resolution to carry out
the criminal intent during the space of time sufficient to SUMMARY OF RULES WHEN TREACHERY IS
arrive at a calm judgment. PRESENT:
a) When the aggression is continuous, treachery must
REQUISITES: be present in the beginning of the assault (People vs
1. Proof of the time when the offender determined to Canete, 44 Phil 478);
commit the crime; b) When the assault was not continuous in that there
2. An act manifestly indicating that the culprit has clung was an interruption, it is sufficient that treachery was
to his determination; and present at the moment the fatal blow was given (US
3. A sufficient lapse of time between the determination vs Baluyot, 40 Phil 385).
and execution, to allow him to reflect upon the
consequences of his act and to allow his conscience PARAGRAPH 17: IGNOMINY
to overcome the resolution of his will.
DEFINITIONS: THE ALTERNATIVE CIRCUMSTANCES ARE:
Ignominy - a circumstance pertaining to the moral order, (CODE: RID)
which adds disgrace and obloquy to the material injury 1. Relationship
caused by the crime. 2. Intoxication
It must tend to make the effects of the crime 3. Degree of instruction and education of the offender
more humiliating or to put the offended party to shame.
1. RELATIONSHIP - The alternative circumstance of
WHERE APPLICABLE: relationship shall be taken into consideration when the
This aggravating circumstance is applicable to: offended party is the –
1. crimes against chastity; 1. spouse
2. less serious physical injuries; 2. ascendant
3. light or grave coercion; 3. descendant
4. and murder. 4. legitimate, natural or adopted brother or sister, or
relative by affinity in the same degree, of the
NOTE: offender.
The Supreme Court considered ignominy in the
crime of rape (People vs. Torrefiel [45 O.G.8803], US vs.  The relationship of stepfather or stepmother and
Iglesia [21 Phil 155], People vs. Carmina [193 SCRA stepson or stepdaughter is included by analogy to
429]) that of ascendant and descendant.

PARAGRAPH 18: UNLAWFUL ENTRY WHEN MITIGATING AND WHEN AGGRAVATING:

The law is silent as to when mitigating and when
There is unlawful entry when an entrance is aggravating.
effected by a way not intended for the purpose. It must a. MITIGATING: As a rule, relationship is mitigating
be a means to effect entrance and not for escape. in crimes against property, by analogy to Art.
332 regarding “Persons exempt from criminal
PARAGRAPH 19: BY A WALL, ROOF, FLOORDOOR liability”. OF COURSE in view of Art. 332, when
OR WINDOW BE BROKEN ETC. the crime committed is: (a) theft, (b) estafa, or
(c) malicious mischief, relationship is exempting,
 To be considered as an aggravating circumstance, and not merely mitigating.
breaking the door must be utilized as a means to the b. AGGRAVATING: It is aggravating in crimes
commission of the crime. The circumstance is against persons in cases where the offended is
aggravating only in those cases where the offender a relative of a higher degree than the offender,
resorted to any of said means to enter the house. If or when the offender and the offended party are
broken to get out of the place, it is not an relatives of the same level.
aggravating circumstance.
 It is aggravating even if offended party is a
PARAGRAPH 20: AID OF MINOR (UNDER 15YEARS); descendant, if offense is physical injuries under Art.
OR BY MEANS OF MOTOR VEHICLES, ETC. 263, except with regard to parents who inflict injuries
to their children by reason of excessive
TWO DIFFERENT CIRCUMSTANCES ARE GROUPED chastisement.
IN THIS PARAGRAPH.
The first one tends to repress the frequent  In crimes against chastity, relationship is always
practice resorted to by professional criminals to avail aggravating, regardless of whether the offender is a
themselves of minors taking advantage of their relative of a higher or lower degree of the offended
irresponsibility; while the second one is intended to party.
counteract the great facilities found by modern criminals
in said means to commit crime, and then flee and  However, relationship is neither mitigating nor
abscond once the same is committed. aggravating, when relationship is an element of the
offense.
PARAGRAPH 21: CRUELTY
2. INTOXICATION - By state of intoxication is meant that
ESSENCE: the offender’s mental faculties must be affected by
THERE IS CRUELTY when the culprit enjoys drunkenness.
and delights in making his victim suffer slowly and
gradually, causing him unnecessary physical pain in the WHEN MITIGATING AND WHEN AGGRAVATING:
consummation of the criminal act. 1. Mitigating, if intoxication is (1) not habitual, or 2) not
subsequent to the plan to commit a felony.
REQUISITES: 2. Aggravating if intoxication is 1) habitual, or 2) if it is
1. That the injury caused be deliberately increased by intentional (subsequent to the plan to commit a
causing other wrong; felony).
2. That the other wrong be unnecessary for the
execution of the purpose of the offender. 3. DEGREE OF INSTRUCTION AND EDUCATION OF
THE OFFENDER
IGNOMINY VS. CRUELTY
Ignominy (par. 17) involves moral suffering, while cruelty  Low degree of instruction and education or lack of it
(par. 21) refers to physical suffering. is generally mitigating. High degree of instruction
and education is aggravating, when the offender
ART. 15 ALTERNATIVE CIRCUMSTANCES availed himself of his learning in committing the
crime.
Alternative circumstances are those, which must
be taken into consideration as aggravating or mitigating,  Lack of instruction or low degree of it, is appreciated
according to the nature and effects of the crime and the as mitigating circumstance in almost all crimes.
other conditions attending its commission. EXCEPT in crimes, which are inherently wrong, of
which every rational being is endowed to know and
 feel. commission of the crime
2. That the one who made the command must
ART. 16. PERSONS WHO ARE CRIMINALLY have an ascendancy or influence over the
LIABLE person who acted
3. That the words used must be so direct, so
efficacious, so powerful as to amount to
GRAVE AND LESS GRAVE FELONIES: physical or moral coercion
1. Principals 4. The words of command must be uttered
2. Accomplices prior to the commission of the crime
3. Accessories 5. The material executor of the crime has no
personal reason to commit the crime
LIGHT FELONIES:
1. Principals Principal by Offender who made
2. Accomplices Inducement Proposal to Commit a
Felony
 The classification of the offenders as principal, 1. Becomes liable 2. The mere proposal
accomplice, or an accessory is true only under the only when the to commit a felony
RPC but not in the special laws because the crime is committed is punishable in
penalties under the latter are not graduated. by the principal by treason or
direct participation rebellion; the
Two parties in all crimes person to whom
1. ACTIVE subject (the criminal) the proposal is
2. PASSIVE subject (the injured party) made should not
commit the crime,
otherwise, the
ART. 17. PRINCIPALS proponent
KINDS OF PRINCIPALS becomes a
1. PRINCIPAL BY DIRECT PARTICIPATION - principal by
personally takes part in the execution of the act inducement
constituting the crime 3. Inducement 2. The proposal must
REQUISITES: involves any involve only
1. That they participated in the criminal resolution; crime. treason or
2 That they carried out their plan and personally took rebellion
part in its execution by acts which directly tended to
the same end. EFFECT OF ACQUITTAL OF ONE OF THE CO-
CONSPIRATORS TO THE OTHER CO-
2. PRINCIPAL BY INDUCTION - the principal by CONSPIRATORS:
induction becomes liable only when the principal by As a rule, the acquittal of one of the co-conspirators
direct participation committed the act induced. redounds to the benefit of the other co-conspirators
TWO WAYS OF BECOMING A PRINCIPAL BY EXCEPT when the acquittal is due to circumstances
INDUCTION: personal to the accused.
1. Directly forcing another to commit a crime,
2. PRINCIPALS BY INDISPENSABLE
Two ways of directly forcing another to commit a COOPERATION
crime: REQUISITES:
1. by using irresistible force 1. Participation in the criminal resolution, that is,
2. by causing uncontrollable fear there is either anterior conspiracy or unity of
criminal purpose and intention immediately
2. Directly inducing another to commit a crime before the commission of the crime charged;
Two ways of directly inducing another to commit and
a crime: 2. Cooperation in the commission of the offense by
1. by giving price, or offering reward or promise performing another act, without which it would
2. by using words of command not have been accomplished

REQUISITES of #1 (Principal by inducement, COLLECTIVE CRIMINAL RESPONSIBILITY (WHEN

through giving price, etc): THERE IS CONSPIRACY)
In order that a person maybe convicted as a There is collective criminal responsibility when
principal by inducement, the following requisites the offenders are criminally liable in the same manner
must be present- and to the same extent. The penalty to be imposed
1. that the inducement be made directly with must be the same for all.
the intention of procuring the commission of
the crime; and INDIVIDUAL CRIMINAL RESPONSIBILITY (WHEN
THERE IS NO CONSPIRACY)
2. that such inducement be the determining The criminal responsibility arising from different
cause of the commission of the crime by the acts directed against one and the same person is
material executor individual and not collective, and each of the participants
is liable only for the act committed by him.
REQUISITES of #2 (Principal by inducement,
through words of command): ART. I8. ACCOMPLICES
In order that a person using words of REQUISITES:
command maybe held liable, the following CODE: (COMMUNITY COOPERATES
requisites must be present--- previous supply RELATION)
1. That the one uttering the words of command 1. That there be community of design; that is, knowing
must have the intention of procuring the the criminal design of the principal by direct
 participation, he concurs with the latter in his
purpose; PENALTIES
2. That he cooperates in the execution of the offense DEFINITION:
by previous or simultaneous acts, but does not Penalty - is the suffering that is inflicted by the State, for
render him a principal by direct participation or by the transgression of a law; in its general sense, it
indispensable cooperation; and signifies pain.
3. That there be a relation between the acts done by
the principal and those attributed to the person Different juridical conditions of penalty:
charged as accomplice. 1. Productive of suffering, without however affecting
the integrity of the human personality
ART. 19. ACCESSORIES 2. Commensurate with the offense – different crimes
must be punished with different penalties
 An accessory must have knowledge of the 3. Personal – no one should be punished for the crime
commission of the crime and having knowledge he of another
took part subsequent to its commission 4. Legal – it is the consequence of a judgment
according to law
SPECIFIC ACTS OF ACCESSORIES: 5. Certain – no one may escape its effects
(CODE: PROFIT, CONCEAL, HARBOR) 6. Equal for all
1. By profiting themselves or assisting the offender to 7. Correctional
profit by the effects of the crime
2. By concealing or destroying the body of the crime Theories justifying penalty:
to prevent its discovery 1. Self-defense – to protect society from the threat and
3. By harboring, concealing or assisting in the escape wrong inflicted by the criminal
of the principal of the crime 2. Reformation – to correct and reform the offender
3. Exemplarity – to serve as an example to deter others
2 CLASSES OF ACCESSORIES CONTEMPLATED from committing crimes
IN PAR. 3 OF ART. 19 (i.e., HARBORING, etc): 4. Justice – an act of retributive justice, a vindication of
(a) Public officers who harbor, conceal or assist absolute right and moral law violated by the criminal
in the escape of the principal of any crime (not
light felony) with abuse of his functions THREE-FOLD PURPOSE OF THE PENALTY
(b) Private persons who harbor, conceal or assist in UNDER THE RPC:
the escape of the author of the crime – guilty of 1. Retribution or expiation – the penalty is
treason, parricide, murder, or an attempt against commensurate with the gravity of the offense
the life of the President, or who is known to be 2. Correction or reformation- as shown by the rules
habitually guilty of some other crime which regulate the execution of the penalties
consisting in deprivation of liberty
 Under paragraphs 1 and 2, the accomplice and the 3. Social defense – shown by its inflexible severity to
accessory may be tried and convicted even before recidivists and habitual delinquents
the principal is found guilty. However, under
paragraph 3 (harboring), the crime committed by and ART. 22. RETROACTIVE EFFECT OF PENAL
the identity of the principal must be established in a LAWS
trial. (Ppl vs Barlam CA,59 O.G. 2474; Ppl vs Ramos GENERAL RULE:
CA,62 O.G. 6860; Ppl vs Gaw Lin CA,63 O.G. 3821) PROSPECTIVE APPLICATION
EXCEPTION:
ACCESSORY VS. PRINCIPAL AND ACCOMPLICE WHEN FAVORABLE TO THE ACCUSED WHO IS NOT
1. The accessory does not take part or cooperate in, or A HABITUAL CRIMINAL
induce, the commission of the crime;
2. The accessory does not cooperate in the AN EX POST FACTO LAW IS ANY ONE WHICH:
commission of the offense by acts prior thereto or (CODE: CAPE Civil Protection)
simultaneous therewith; 1. Makes criminal an act done before the passage of
3. The participation of the accessory in all cases the law, and which was innocent when done, and
always takes place after the commission of the punishes such an act;
crime. 2. Aggravates a crime, or makes it greater than it was,
when committed;
ART. 20. ACCESSORIES WHO ARE EXEMPT 3. Changes the punishment and inflicts a greater
FROM CRIMINAL LIABILITY punishment than the law annexed to the crime when
SITUATIONS WHERE ACCESSORIES ARE NOT committed;
CRIMINALLY LIABLE: 4. Alters the legal rules of evidence, and authorizes
1. When the felony committed is a light felony; and conviction upon less or different testimony that the
2. When the accessory is related to the principal as law required at the time of the commission of the
spouse, or as an ascendant, or descendant or as a offense;
brother or sister, whether legitimate, natural, or 5. Assuming to regulate civil rights and remedies only,
adopted, or where the accessory is a relative by in effect imposes penalty or deprivation of a right for
affinity within the same degree, unless the accessory something which when done was lawful; and
himself profited from the effects or proceeds of the 6. Deprives a person accused of a crime of some
crime or assisted the offender to profit thereon. lawful protection to which he has become entitled,
such as the protection of a former conviction or
PD 1829: Penalizes the act of any person who acquittal, or a proclamation of amnesty
knowingly or willfully obstructs, impedes, frustrates ART. 23. EFFECT OF PARDON BY THE
or delays the apprehension of suspects and the OFFENDED PARTY
investigation and prosecution of criminal cases. As a rule, a pardon by the offended party does
NOTE: The benefit of the above mentioned not extinguish criminal action, except as provided under
exception in Article 20 of the RPC does not apply to Art. 344 of RPC.
PD1829.
Two classes of injuries caused by an offense: OFFENDERS NOT ENTITLED TO THE FULL TIME OR
SOCIAL INJURY PERSONAL INJURY FOUR-FIFTHS OF THE TIME OF PREVENTIVE
1. Produced by the 1. Caused to the IMPRISONMENT:
disturbance and victim of the crime, 1. Recidivists or those convicted previously twice or
alarm who suffered more times of any crime.
damage 2. Those who upon being summoned for the execution
2. Repaired through 2. Repaired through of their sentence, failed to surrender voluntarily
the imposition of indemnity which is
the corresponding civil in nature ARTS. 30 – 35. EFFECTS OF PENALTIES
penalty
3. The offended party 3. The offended party ART. 36. PARDON; ITS EFFECTS
cannot pardon the may waive it and
offender so as to the state has no EFFECTS OF PARDON BY THE PRESIDENT
relieve him of the reason to insist on 1. A pardon shall not restore the right to hold public
penalty its payment office or the right of suffrage. EXCEPT; when any or
both such rights is or are expressly restored by the
ART. 24. MEASURES OF PREVENTION OR terms of the pardon;
SAFETY WHICH ARE NOT CONSIDERED 2. It shall not exempt the culprit from the payment of
PENALTIES - the civil indemnity.
THE FOLLOWING ARE NOT CONSIDERED
PENALTIES: LIMITATIONS UPON THE EXERCISE OF THE
1. The arrest and temporary detention of accused PARDONING POWER
persons, as well as their detention by reason of 1. That the power can be exercised only after
insanity or imbecility or illness requiring their conviction;
confinement in a hospital; 2. That such power does not extend to cases of
2. The commitment of a minor to any of the institutions impeachment.
mentioned in Art. 80 (now Art. 192 PD603) for the
purposes specified therein;  A presidential pardon affects only the principal
3. Suspension from the employment or public office penalty and not the accessory penalties, unless the
during the trial or in order to institute proceedings; same are expressly remitted in the pardon.
4. Fines and other corrective measures which, in the
exercise of their administrative disciplinary powers,
superior officials may impose upon their Pardon by the Chief Pardon by the
subordinates; and Executive Offended Party
5. Deprivation of rights and reparations which the civil 1. Extinguishes the 1. Does NOT
laws may establish in penal form. criminal liability of extinguish the
the offender criminal liability of
ART. 25. PENALTIES WHICH MAY BE IMPOSED the offender
2. Cannot include 2. Offended party can
CLASSIFICATION OF PENALTIES: civil liability which waive the civil
1. Principal penalties – those expressly imposed by the the offender must liability which the
court in the judgment of conviction. pay offender must pay
3. Granted only 3. Pardon should be
Principal Penalties According to Divisibility: AFTER given BEFORE THE
a. Divisible CONVICTION, INSTITUTION of
b. Indivisible. These are: and may be criminal
1. Death; extended to any of prosecution, and
2. Reclusion Perpetua; the offenders must extend to
3. Perpetual absolute disqualification; both/all offenders
4. Public censure.
ART. 37. COSTS – WHAT ARE INCLUDED
2. Accessory penalties – those that are deemed The following are included in costs:
included in the imposition of the principal penalties 1. Fees, and
2. Indemnities, in the course of judicial proceedings
This article classifies penalties according to their
gravity: ART. 38. PECUNIARY LIABILITIES – ORDER OF
1. Capital PAYMENT
2. Afflictive In case the property of the offender should not be
3. Correctional sufficient for the payment of all his pecuniary liabilities,
4. Light the same shall be met in the following:
1. The reparation of the damage caused.
This corresponds to the classification of felonies 2. Indemnification of the consequential damages.
according to their gravity under Art. 9: 3. Fine.
1. Grave 4. Costs of proceedings.
2. Less grave
3. Light ART. 39. SUBSIDIARY PENALTY
Subsidiary penalty - is a subsidiary personal liability to
ART. 29. PERIOD OF PREVENTIVE be suffered by the convict who has no property with
IMPRISONMENT DEDUCTED FROM TERM OF which to meet the fine, at the rate of one day for each
IMPRISONMENT eight pesos, subject to the rules provided in Art. 39.

 There is no subsidiary penalty for non-payment of

(a) the reparation of the damage caused, (b)
 indemnification of the consequential damages, and When a peace officer is authorized by written
(c) the cost of the proceedings. order from the court

 Subsidiary penalty is not an accessory penalty,  Any recording, communication or spoken word
hence it must be specifically imposed by the court in obtained in violation of the provisions of this Act -
its judgment. INADMISSIBLE IN EVIDENCE IN ANY JUDICIAL,
CRIMES AGAINST HONOR QUASI-JUDICIAL OR ADMINISTRATIVE HEARING
(ARTS 355-364) OR INVESTIGATION.
 ART. 353 LIBEL
 ART. 355 – LIBEL BY MEANS OF
ELEMENTS:
1. That there must be an imputation of a crime, or a WRITINGS OR SIMILAR MEANS
vice or defect, real or imaginary, or any act,
omission, condition, status or circumstance Committed by means of: 1) writing 2) printing 3)
2. That the imputation must be made publicly lithography 4) engraving 5) radio 6) phonograph 7)
3. That it must be malicious painting 8) theatrical exhibition 9) cinematographic
4. That the imputation must be directed at a natural exhibitions 10) similar means
person or a juridical person, or one who is dead.
5. That the imputation must tend to cause the dishonor,  ART. 356 THREATENING TO PUBLISH
discredit, or contempt of the person defamed. AND OFFER TO PREVENT SUCH
PUBLICATION FOR A COMPENSATION
2 TYPES OF MALICE:
Prohibited acts:
1) malice in fact – shown by proof of ill-will,
1) Threatening another to publish a libel concerning
hatred, or purpose to injure; also known as
him, or his parents, spouse, child or other members of
EXPRESS MALICE
the family
2) malice in law – presumed from defamatory
2) Offering to prevent the publication of such libel for
imputation; proof is not required because it is
compensation or money consideration
presumed to exist from the defamatory imputation;
 When the communication is PRIVILEGED, malice is
FELONIES WHERE BLACKMAIL IS POSSIBLE:
not presumed from the defamatory words.
1) Light threats (283)
2) Threatening to publish, offering to prevent the
 ART. 354 REQUIREMENT FOR PUBLICITY publication of a libel for compensation (356)
MALICE IN LAW – Every defamatory imputation is
presumed to be malicious, even if it be true, if no good  ART. 357 – PROHIBITED PUBLICATION OF
intention or justifiable motive is shown.
ACTS REFERRED TO IN THE COURSE OF
The PRESUMPTION is rebutted if it is shown by the OFFICIAL PROCEEDINGS
accused that – ELEMENTS:
a. The defamatory imputation, is true, in case the 1. The offender is a reporter, editor or manager of a
law allows proof of the truth of the imputation. newspaper, daily or magazine
(see Art. 361) 2. He publishes facts connected with the private life of
b. It is published with good intention. another
c. There is justifiable motive for making it. 3. Such facts are offensive to the honor, virtue and
MALICE is not presumed in the following cases: reputation of said person
1) Private communication made by any person to
another in the performance of any legal, moral or social  Prohibition applies even if the facts are involved in
duty. official proceedings.
2) A fair and true report of any judicial, legislative, or
other proceedings which are not of confidential nature;  Source of news report may not be revealed unless
3) Or of any statement, report, or speech delivered in the court or a House or Committee of Congress
said proceedings, or of any other act performed by finds that such revelation is demanded by the
public officers in the exercise of their functions security of the State

 R.A. 4200-THE ANTI-WIRE TAPPING ACT.  ART. 358 – SLANDER (oral defamation)
REPUBLIC ACT NO.4200 KINDS:
1) Simple slander
Section 1. Unlawful acts by any person or participant, 2) Grave slander, when it is of a serious and insulting
not authorized by all the parties to any private nature
communication or spoken word :
1. to tap any wire or cable  ART. 359 SLANDER BY DEED
2. to use any other device or arrangement ELEMENTS:
3. to secretly overhear, intercept or record such 1. That the offender performs any act not included in
communication by using a device known as any other crime against honor
dictaphone/ dictagraph/ detectaphone/ walkie-talkie/ 2. That such act is performed in the presence of other
tape-recorder persons
4. to knowingly possess any tape/wire or disc record or 3. That such act cast dishonor, discredit, or contempt
copies of any communication or spoken word upon the offended party
5. to replay the same for any person or persons
6. to communicate the contents thereof, verbally or in Common element of Slander by deed and Unjust
writing Vexation – Irritation or Annoyance; Without any other
7. to furnish transcriptions thereof, whether complete or concurring factor, it is only Unjust Vexation; If the
partial purpose is to shame or humiliate, Slander by deed.
EXCEPTION:
  ART 360 PERSONS RESPONSIBLE FOR 4. That material damage results.
LIBEL 5. That there is inexcusable lack of precaution on the
part of the person performing or failing to perform
1) Any person who shall publish, exhibit or cause the
such act taking into consideration - - -
publication or exhibition of any defamation in writing
a) Employment or occupation.
or by similar means
b) Degree of intelligence, physical condition.
2) The author, editor of the book or pamphlet
c) And other circumstances regarding persons,
3) Editor, Business manager of newspaper or
time and place.
magazine, responsible to the same extent as if he
were the author
ELEMENTS (SIMPLE IMPRUDENCE):
4) Owner of the printing plant which publishes the
1) That there is lack of precaution on the part of the
libelous article and all other persons who in any way
offender.
participate
2) That the damage impending to be caused is not
immediate nor the danger clearly manifest.
 ART. 361 PROOF OF TRUTH
WHEN PROOF OF THE TRUTH IS ADMISSIBLE IN A  Art 64 relative to mitigating and aggravating
CHARGE FOR LIBEL: circumstances not applicable to crimes committed
1. When the act or omission imputed constitutes a through negligence
crime regardless of whether the offended party is a
private individual or a public officer. THE PENALTIES PROVIDED FOR IN ARTICLE 365
2. When the offended party is a Government ARE NOT APPLICABLE WHEN:
employee, even if the imputation does not constitute a a) the penalty provided for the offense is equal to or
crime, provided it is related to the discharge of his lower than those provided in the first two paragraphs
official duties. of Art 365
b) by imprudence or negligence, and with violation of
Defense in defamation: the Automobile Law, the death of a person shall be
1. It appears that the matters charged as libelous is caused
true
2. It was published with good motives
3. And for a justifiable end QUALIFYING CIRCUMSTANCE:
When the offender fails to lend help to the
 ART. 363 – INCRIMINATING INNOCENT injured parties
PERSONS
ELEMENTS:
1. That the offender performs an act
2. That by such act he directly incriminates or imputes
- END OF BOOK TWO-
to an innocent person the commission of a crime
3. That such act does not constitute perjury

INCRIMINATING PERJURY BY
INNOCENT MAKING FALSE
PERSONS ACCUSATIONS
 Limited to the act of  Giving of false
planting evidence and statement under oath
the like in order to or making a false
incriminate an affidavit, imputing to
innocent person the person the
commission of a crime

INCRIMINATING DEFAMATION
INNOCENT
PERSONS
 Offender does not  Imputation is public
avail himself of written and malicious
or spoken words in calculated to cause
besmirching the dishonor, discredit, or
victim’s reputation contempt upon the
offended party

 ART. 364 INTRIGUING AGAINST HONOR

Committed by any person who shall make any
intrigue which has for its principal purpose to blemish the
honor or reputation of another.
 ART. 365 – IMPRUDENCE AND
NEGLIGENCE

ELEMENTS (RECKLESS IMPRUDENCE):

1. That the offender does or fails to do an act.
2. That the doing of or the failure to do that act is
voluntary.
3. That it be without malice.