CRIMINAL LAW I

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Coverage of Criminal Law I

Art. 1-2: Preliminary Title: Date of Effectiveness and Application of the Provisions of this (RPC) Code

Art. 3-15: Title One: Felonies and Circumstances which Affect Criminal Liability

Art. 16-20: Title Two: Persons Criminally Liable for Felonies

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Art. 21-88: Title Three: Penalties Art. 89-99: Title Four: Extinction of

Criminal Liability Art. 100-113: Title Five: Civil Liability

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Definition of Criminal Law

It is that branch of law which defines crimes, treats of their nature and provides for their punishment.

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Types of Crimes

Felony – punishable by the Revised Penal Code (RPC)

Offense – punishable by Special Laws Infraction – punishable by

city/municipal ordinance

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Sources of Criminal Law

Spanish Codigo Penal Revised Penal Code (Act 3815,

enacted December 8, 1930 and took effect on January 1, 1932)

Special Penal Laws (Commonwealth Acts, Republic Acts, Presidential Decrees, Executive Orders, and Batas Pambansa)

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Power to Define and Punish Act as Crime

This power is vested upon the Legislative Branch of Government. In many instances in our history, however, this power was also exercised by the Executive Branch. Thus, we have Commonwealth Acts, Presidential Decrees and Executive Orders.

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Limitations on Power to Enact Penal Laws

Penal laws must be general in application.

Penal laws must not partake the nature of an EX POST FACTO LAW – a law that punishes an act or omission done before the effectivity date of the law.

Penal laws must not partake the nature of a BILL OF ATTAINDER – one which punishes without the benefit of due process.

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Penal laws must not impose cruel and unusual punishment nor excessive fines.

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Characteristics of Criminal Law

Generality Territoriality Prospectivity

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Generality

It means that the criminal law of the country governs all persons within the country regardless of their race, belief, sex, or creed.

It is subject to certain EXCEPTIONS by INTERNATIONAL AGREEMENT.

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Exceptions to Generality

Effect of exceptions: Persons covered are immune from criminal prosecution.

These persons include: (1) heads of states, (2) ambassadors, and (3) other diplomatic officials

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Territoriality

Penal laws of the country have force and effect only WITHIN its TERRITORY.

It is subject to certain exceptions by international agreements and practice. Meaning, penal laws may apply OUTSIDE of its TERRITORY.

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Composition of Territory

Territorial Jurisdiction: The jurisdiction exercised of a country over bodies of land, defined in the Constitution.

Fluvial Jurisdiction: The jurisdiction over maritime and interior waters.

Aerial Jurisdiction: The jurisdiction over the atmosphere.

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Exceptions to Territoriality

This is taken up in Art. 2 of the Revised Penal Code (RPC).

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Prospectivity

It means that acts or omissions will only be subject to a penal law if they are committed after a penal law had already taken effect.

It is subject to certain EXCEPTIONS.

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Exceptions to Prospectivity

Effect: The law may be given retroactive effect, that is, the (new) law may apply to those persons covered under the old law, provided the following are present: The (new) law is favorable to the offender; The offender is not a habitual delinquent; and There is no provision in the (new) law against its retroactive application.

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Philosophies underlying Criminal Law System

Classical/Juristic Philosophy Positivist/Realistic Philosophy Eclectic/Mixed Philosophy

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Classical/Juristic Philosophy

“An eye for an eye, a tooth for a tooth” philosophy.

The purpose of penalty is RETRIBUTION.

The offender is made to suffer for the wrong he has done.

There is scant regard for the human element of the crime. The law does not look into why the offender committed the crime.

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Capital punishment is a product of this kind of this school of thought.

Man is regarded as a moral creature who understands right from wrong. So that when he commits a wrong, he must be prepared to accept the punishment therefor.

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Positivist/Realistic Philosophy

The purpose of penalty is REFORMATION.

There is great respect for the human element because the offender is regarded as socially sick who needs treatment not punishment.

Crimes are regarded as social phenomena which constrain a person to do wrong although not of his own volition.

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Eclectic/Mixed Philosophy

This combines both positivist and classical thinking. Crimes that are economic and social nature should be dealt with in a positivist manner, thus the law is more compassionate. Heinous crimes should be dealt with in a classical manner, thus capital punishment.

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Mala In Se and Mala Prohibita

Mala in se literally means that the act is inherently evil or bad or per se wrongful.

Mala prohibita are said to be crimes which become wrong only because a law punishes the same.

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Effectivity Date of RPC

Act 3815, otherwise known as the Revised Penal Code of the Philippines (RPC) took effect on January 1, 1932 (Art. 1, RPC).

This law was approved on December 8, 1930.

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Application of RPC (Art. 2)

The provision in Art. 2 embraces 2 scopes of application.

Intraterritorial – refers to the application of the RPC within the Philippine territory.

Extraterritorial – application of the RPC outside Philippine territory

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Extraterritorial – Exception to Territoriality

1. Should commit an offense while on a Philippine ship or airship;

2. Should forge or counterfeit any coin or currency note of the Philippine Islands or obligations and securities issued by the Government of the Philippine Islands;

3. Should be liable for acts connected with the introduction into these islands of the obligations and securities mentioned in the preceding number;

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4. While being public officers or employees, should commit an offense in the exercise of their functions; or

5. Should commit any of the crimes against national security and the law of nations, defined in Title One of Book Two of this Code.

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Philippine Ship or Airship

A vessel is considered a Philippine Ship only when it is registered in accordance with Philippine laws. Under International Law, as long as such vessel is not within the territorial waters of a foreign country, Philippine laws shall govern.

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Crimes on Philippine Ship or Airship If within Philippine

waters/atmosphere – Philippines has jurisdiction.

If on the High Seas (International waters) – Philippines has jurisdiction.

If within the territorial waters or atmosphere of a foreign country – jurisdiction is dependent on what rule – English or French Rule – adopted by the foreign country.

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Crimes on Foreign Merchant Vessel If within Philippine waters –

Philippines has jurisdiction. If on the High Seas (International

waters) – country of origin of vessel has jurisdiction.

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Crimes on Foreign Vessel – Not Triable in Our Courts

A foreign WAR vessel is part of the sovereignty of the country to whose naval force it belongs. As such, crimes committed on board the said war vessel, even if within our territorial waters, are not triable in our courts.

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Two Rules/Theories Re Crime on Board Foreign Merchant Vessel

French Rule English Rule

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French Rule

The crime is triable in the country of origin of the vessel, except if it affects the NATIONAL SECURITY of the country where such vessel is within jurisdiction.

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English Rule

The law of the foreign country where a foreign vessel is within its jurisdiction is strictly applied, except if the crime affects only the INTERNAL MANAGEMENT of the vessel. In which case, it is subject to the penal law of the country where it is registered.

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Important Note

The Philippines adopts the English Rule The English Rule and French Rule apply

only to a foreign MERCHANT vessel if a crime was committed aboard that vessel while it was in the territorial waters of another country. If that vessel is in the high seas or open seas, there is no occasion to apply the two rules. If it is not within the jurisdiction of any country, these rules will not apply.

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Definition of Felony (Art. 3)

Felonies refer to acts or omission punishable by law (RPC).

The term felony is limited only to violations of the RPC.

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Importance of Definition

This is important because there are certain provisions in the RPC where the term felony is used. That means the provision is not extended to crimes under special laws.

Example

A specific instance is found in Art. 160 – Quasi-Recidivism:

“A person who shall commit a felony after having been convicted by final judgment before beginning to serve sentence or while serving the same, shall be punished under the maximum period of the penalty.”

The word felony is used.

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Situation

If a prisoner serving sentence was found possessing dangerous drugs, can he be considered a quasi-recidivist?

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Answer

No. Violation of the Dangerous Drugs Act is not a felony.

The provision of Art. 160 specifically refers to a felony and felonies – those acts and omissions punished under the RPC.

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Elements of Felonies

That there must be an act or omission.

That the act or omission must be punishable by the Revised Penal Code.

That the act is performed or the omission incurred by means of dolo or culpa.

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Act to Be Punishable

An act is any bodily movement tending to produce some effect in the external world.

To constitute a felony, the act must be:

Punishable by the Revised Penal Code Internal act, that is, a criminal intent, no

matter how bad, will never constitute a felony.

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Meaning of Omission

It means inaction, the failure to perform a positive duty which one is bound to do. There must be a law requiring the doing or performance of an act.

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Punishable by Law

Based upon the maxim, NULLUM CRIMEN, NULLA POENA SINE LEGE – there is no crime where there is no law punishing it.

Punished by the RPC and not by a special law.

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Kinds of Felonies

Intentional felonies Culpable felonies

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Meaning of Dolo

In the RPC, it is translated as DECEIT but its correct meaning is DELIBERATE INTENT.

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Requisites of Dolo

There must be FREEDOM on the part of the offender while doing an act or omitting to do a act.

There must be INTELLIGENCE on the part of the offender while doing an act or omitting to do a act.

There must be INTENT on the part of the offender while doing an act or omitting to do a act.

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There Is No Freedom

A person who acts under the compulsion of an irresistible force (Art. 12, par. 5).

A person who acts under the impulse of an uncontrollable fear of an equal or greater injury (Art. 12, par. 6)

EFFECT: Offender is exempt from criminal liability

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There Is No Intelligence

Imbecile person Insane person Child 15 years old or under at the

time of the commission of the offense

Child above 15 years old but under 18 years old, acting without discernment, at the time of the commission of the offense.EFFECT: Offender is exempt from criminal liability melcon s. lapina

There Is No Intent

A person who caused an injury by mere accident but without fault or intention of causing it (Art. 12, par. 4).

Maxim: Actus non facit reum, nisi mens sit rea – an act does not make a person a criminal unless his mind be criminal.

Maxim: Actus me invito factus non est meus actus – an act done by me against my will is not my act.

Mistake of fact – Ah Chong Case

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Requisites of Mistake of Fact

That the act done would have been lawful had the facts been as the accused believed them to be.

That the intention of the accused in performing the act should be lawful.

That the mistake must be without fault or carelessness on the part of the accused.

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Requisites of Culpa

There must be FREEDOM on the part of the offender while doing an act or omitting to do an act.

There must be INTELLIGENCE on the part of the offender while doing an act or omitting to do an act.

There must be IMPRUDENCE, NEGLIGENCE or LACK OF FORESIGHT or SKILL on the part of the offender while doing an act or omitting to do an act.

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Meaning of Imprudence

Imprudence indicates a deficiency of action. Example:

If a person fails to take the necessary precaution to avoid injury to person or damage to property, there is imprudence. Imprudence involves LACK OF SKILL.

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Meaning of Negligence

Negligence indicates a deficiency of perception. Example:

If a person fails to pay proper attention and to use due diligence in foreseeing the injury or damage impending to be caused, there is negligence. Negligence involves LACK OF FORESIGHT.

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Motive vs. Intent

The moving power which impels one to action for a definite result.

The purpose to use a particular means to effect result.

Not essential element of a crime, and hence, need not be proved for purposes of conviction.

Essential element of a crime.

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Motive Is Important

Where the identity of a person accused of having committed a crime is in dispute.

When there is doubt as to the identity of the assailant.

In ascertaining the truth between two antagonistic theories or versions of the killing.

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Where the identification of the accused proceeds from an unreliable source and the testimony is inconclusive and not free from doubt.

Where there are no eyewitnesses to the crime, and where suspicion is likely to fall upon a number of persons.

If the evidence is merely circumstantial.

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To Prove Motive

Motive is established by the testimony of witnesses on the acts or statements of the accused before or immediately after the commission of the offense.

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Criminal Liability (Art. 4)

There are two situations contemplated under this article whereby criminal liability shall be incurred:

Committing a felony (delito) although the wrongful act done be different from that which he intended.

Performing an act which would be an offense against persons or property, were it not for the inherent impossibility of its accomplishment or an account of the employment of inadequate or ineffectual means.

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Coverage of First Situation

The first situation covers even the following:

Error in personae or mistake in the identity of the victim

Aberratio ictus or mistake in the blow Praeter intentionem or the consequence

exceeded the intentionNote: In these three circumstances, the

offender is always liable.

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Example of Mistake in Identity

X intended to kill Y. So, he waited for the latter to pass in one corner. When a person resembling Y was approaching, X suddenly fired his gun, hitting and killing the person. It turned out to be Z.

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Effects of Error in Personae

The offender is liable for the crime. Art. 49 of RPC applies, i.e., when the

crime intended is more serious than the crime actually committed or vice-versa, the penalty of the crime bearing the lesser penalty will be imposed. But it will be imposed in the maximum period. (Discussed further in the topic: PENALTIES.)

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Example of Aberratio Ictus

A fired his gun upon B. Because of poor aim, it was C who was actually hit.

Note the following possible effects of the crime:

1. Upon B – Attempted Homicide or Murder.

2. Upon C – 2.1 If C was killed – Homicide

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2.2 If C was wounded – Physical Injuries (serious, less serious or slight physical injuries). There cannot be an attempted or frustrated homicide or murder because as far as C is concerned, there is no intent to kill.

3. Possible Charge:3.1 Complex Crime (Art. 36):

Attempted homicide/murder WITH serious or less serious physical injuries – If C was seriously or less seriously injured.

3.2 Two Crimes: Attempted homicide/murder AND slight physical injuries.

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Effects of Aberratio Ictus

Generally gives rise to COMPLEX CRIME.

If there is complex crime, the penalty to be imposed is the penalty for the more serious crime in the maximum period.

There cannot be a complex crime when one of the felonies is a light felony.

NOTE: Grave, less grave and light felonies are discussed in Art. 9.

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Example of Praeter Intentionem

G delivered a fist blow upon H. H fell to the ground and hit his head on the pavement, causing hemorrhage and eventually his death. G is still liable for the death of H although his intention is merely to give a fist blow.

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Effect of Praeter Intentionem

It is a mitigating circumstance, particularly covered by par. 3 of Art. 13.

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Requisites of 1st Situation

That an INTENTIONAL FELONY has been committed; and

That the WRONG DONE to the aggrieved party be the DIRECT, NATURAL and LOGICAL consequence of the felony committed.

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Further Readings

Examples of “wrong done must be the direct, natural and logical consequence of felonious act.”

Examples of proximate cause. Cases where there is no efficient

intervening cause. Cases where there is no direct, natural and

logical consequence of the felony committed.

Cases where there is no proximate cause.

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Requisites of 2nd Situation

The second situation talks about IMPOSSIBLE CRIME. It has the following requisites:

That the act performed would be an offense against persons or property.

That the act was done with evil intent.

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That its accomplishment is inherently impossible, or that the means employed is either inadequate or ineffectual.

That the act performed should not constitute a violation of another provision of the Revised Penal Code.

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Felonies Covered in Impossible Crime

Felonies against persons Felonies against property

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Felonies against Persons

Parricide (Art. 246) Murder (Art. 248) Homicide (Art. 249) Infanticide (Art. 255) Abortion (Arts. 256-259) Duel (Arts. 260 & 261) Physical injuries (Arts. 262-266) Rape (Arts. 266-A)

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Felonies against Property

Robbery (Arts. 294, 297, 298, 299, 300, 302 and 303)

Brigandage (Arts. 306 & 307) Theft (Arts. 308, 310 & 311) Usurpation (Arts. 312 & 313) Culpable insolvency (Art. 314) Swindling and other deceits (Arts.

315, 316, 317 & 318)

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Chattel mortgage (Art. 319) Arson and other crimes involving

destruction (Arts. 320-326) Malicious mischief (Arts. 327-331)

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Examples of Impossible Crime

When one tries to kill another by putting in his soup a substance which he believes to be arsenic when in fact it is common salt.

When one tries to murder a corpse. A fire at B, who was lying on bed,

NOT KNOWING that B was dead hours before.

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A, with intent to gain, took a watch from the pocket of B. When A had the watch in his possession, he found out that it was the watch which he had lost a week before.

An employee who, having known the safe combination, opens the safe in the office for the purpose of stealing money, but who finds the safe empty.

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A, determined to poison B, uses a small quantity of arsenic by mixing it with the food given to B, believing that the quantity employed by him is sufficient. But since in fact it is not sufficient, B is not killed.

A tried to kill B by putting in his soup a substance which he thought was arsenic when in fact it was sugar. B could not have been killed, because the means employed was ineffectual.

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STAGES IN THE COMMISSION OF A FELONY (Art. 6)

Consummated felony Frustrated felony Attempted felon

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Consummated Felony

Consummated felony – A felony is consummated when all the elements necessary for its execution and accomplishment are present.

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Frustrated Felony

It is frustrated when the offender performs all the acts of execution which would produce the felony as a consequence but which, nevertheless, do not produce it by reason of causes independent of the will of the perpetrator.

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Attempted Felony

There is an attempt when the offender commences the commission of a felony directly overt acts, and does not perform all the acts of execution which should produce the felony by reason of some cause or accident other than his own spontaneous desistance.

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Development of Crime INTERNAL ACTS – not punishable as

they are merely in the mind of a person

EXTERNAL ACTS – Preparatory acts – usually not

punishable such as proposal and conspiracy to commit a felony, except in cases where the law provides punishment.

Acts of execution – punishable under the Revised Penal Code. Has reference to acts of execution: attempted, frustrated and consummated melcon s. lapina

Elements of Attempted Felony

The offender commences the commission of the felony directly by overt acts;

He does not perform all the acts of execution which should produce the felony;

The offender’s act is not stopped by his own spontaneous desistance;

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The non-performance of all acts of execution was due to cause or accident other than his spontaneous desistance

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Examples of Attempted Felony

A picked the pocket of B, inside of which there was a wallet containing P50.00. Before A could remove it from the pocket of B, the latter grabbed A’s hand and prevented him from taking it. In this case, A failed to perform all the acts of execution, that is, taking the wallet, because of a cause, that is the timely discovery by B of the overt act of A.

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A aimed his pistol at B to kill the latter, but when he pressed the trigger it jammed and no bullet was fired from the pistol.

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Spontaneous Desistance - Meaning

It refers to the act of would-be offender in not pursuing the performance of all the acts of execution.

Under the definition of an attempted felony, the reason the offender does not perform all the acts of execution SHOULD NOT BE by his own SPONTANEOUS DESISTANCE. Otherwise, he will not be liable for an attempted felony.

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Example of Spontaneous Desistance One who takes part in planning a

criminal act but desists in its actual commission is EXEMPT from CRIMINAL LIABILITY.

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When There Is No Spontaneous Desistance

A stole a chicken under the house of B one evening. Realizing that what he did was wrong, A returned the chicken to the place under the house of B. Since the crime of theft was already consummated, the return of the stolen property does not relieve A of criminal responsibility. A had already performed all the acts of execution which produced the crime of theft before he returned the chicken. melcon s. lapina

A attacked and wounded B in the abdomen with a sharp-edged weapon, causing a wound serious enough to have produced death. A was about to assault B again; but this time, A desisted and left B. B was take to the hospital by another person. Because of the timely and skillful medical treatment by a physician, B did not die. It will be noted that when A desisted, he had already inflicted a mortal wound on B, which could have produced his death were it not for the timely intervention of a physician. A is liable for frustrated homicide.

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A, with intent to kill, fired his pistol at B, but did not hit the latter. B cried and asked A not to shoot him. A desisted from firing his pistol again at B. Is A criminally liable? Yes, not for attempted homicide because he desisted before he could perform all the acts of execution, but for grave threats which was already committed by him when he desisted.

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Elements of Frustrated Felony

The offender performs all the acts execution;

All the acts performed would produce the felony as a consequence;

But the felony is not produced; By reason of causes independent of

the will of the perpetrator.

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Examples of Frustrated Felony

A stabbed B in the abdomen, penetrating the liver, and in the chest. B did not die because of prompt and skillful treatment that he received.

A wounded B in the left abdomen with a sharp-edged weapon, causing a wound in the peritonial cavity, serious enough to have produced death.

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A in firing his revolver at B hit him in the upper side of the body, piercing it from side to side and perforating the lungs. B was saved due to adequate and timely intervention of medical science.

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No Mortal Wound - Attempted

X threw Y into the deep water, and as Y did not know how to swim, he made efforts to keep himself afloat and seized the gunwale of the boat, but X tried to loosen the hold of Y with the oar. X was prevented from striking the latter by other persons. Since X had the intent to kill Y, the former actually committed attempted homicide against the latter. melcon s. lapina

W fired four successive shots at V while the latter was fleeing to escape from his assailants and save his own life. Not having hit V, either because of his poor aim or because his intended victim succeeded in dodging the shots, W failed to perform all the acts of execution by reason of a cause other than his spontaneous desistance.

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Two physicians called to the witness stand by the prosecution could not agree that the wounds inflicted upon the complainant would cause death. One of themtestified that the wounds were not serious enough to produce death even if no medical assistance had been given to the offended party.

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The head of the offended party was merely grazed by the shot which hit him, the would being far from fatal.

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Crime Is Not Produced

Because of the timely intervention of a third person – FRUSTRATED FELONY.

Because the offender himself prevented its consummation, there is NO FRUSTRATED FELONY.

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Case Study

A doctor conceived the idea of killing his wife, and to carry out his plan, he mixed arsenic with the soup of his victim. Immediately after the victim took the poisonous food, the offender suddenly felt such a twinge of conscience that he himself washed out the stomach of the victim and administered to her the adequate antidote. Would this be a frustrated parricide? melcon s. lapina

Determining Stage of Execution

The nature of the offense; The elements constituting the felony;

and The manner of committing the felony.

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Nature of Crime

Arson – It is NOT NECESSARY that the PROPERTY is TOTALLY DESTROYED by fire. Consummated: even if only any part of the house is burned. Frustrated: there is burning but no part of the house began to burn. Attempted: act of setting fire but apprehended.

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Elements Constituting the Felony

Theft – consummated when thief is able to TAKE HOLD or GET HOLD of the thing belonging to another, even if he is not able to carry it away. EXCEPTION: the thing is stolen from a compound, room, or container. In such a case, the thing must be taken out from a compound, room, or container.

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Under the American common law, the crime of larceny which is equivalent to our crime of theft here requires that the offender must be able to carry away or transport the thing being stolen. Without that carrying away, the larceny cannot be consummated.

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Estafa – Consummated: there must be DAMAGE or MISAPPROPRIATION. If there is no damage yet, the estafa can only be frustrated or attempted.

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Example of Theft

A took a leather belt from the baggage of B and placed it in his drawer. It was discovered later on by other persons. Theft here is CONSUMMATED.

The accused loaded boxes of rifle on their truck. When they were on their way out of the South Harbor, they were checked at the checkpoint, so they were not able to leave the compound. Theft here is FRUSTRATED. melcon s. lapina

The accused was found inside a parked deep of Captain Parker by an American MP. The jeep’s padlock had been forced open and lying between the front seats and the gearshift was an iron bar. Captain Parker was then inside a theater. Theft here is ATTEMPTED.

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Example of Estafa

The accused offered to give complainant a job as office boy in Ft. McKinley with a salary of P25.00, but he asked P3.80 for X-ray examination. The representation of the accused that the amount of P3.80 was for X-ray examination was false. Complainant handed to him P3.75 and while taking the remaining five centavos from his pocket, a policeman placed the accused under arrest. ESTAFA here is FRUSTRATED.

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The accused fraudulently assumed authority to demand fees for the Bureau of Forestry, when he noticed that a timber was cut in the forest by the complainant without permit and used it in building his house. the accused tried to collect P6.00 from the complainant ostensibly to save him from paying a fine and to prepare for him a petition to obtain a permit to cut timber. The complainant refused or was unable to give P6.00 to the accused. ESTAFA here is ATTEMPTED.

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The Nature of the Crime

In the crimes involving the taking of human life: parricide, homicide, and murder:

Consummated – Victim died.Frustrated – Victim is MORTALLY

WOUNDED.Attempted – Victim is NOT

MORTALLY WOUNDED.

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Exception

Subjective Stage: The Supreme Court ruled that when the offender himself believed that he had performed all the acts of execution, even though no mortal wound was inflicted, the act is already in the FRUSTRATED STAGE

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Rape

Consummated Rape – The accused lay on top of a girl 9 years of age for over 15 minutes. The girl testified that there was partial penetration of the male organ in her private parts and that she felt intense pain.

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Frustrated Rape – The accused endeavored to have sexual intercourse with a girl 3 years and 11 months old. There was doubt whether he succeeded in penetrating the vagina. (Considered as a “stray” decision inasmuch as it has not been reiterated in the Court’s subsequent decisions.

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Attempted Rape – The accused placed himself on top of a woman, and raising her skirt in an effort to get his knees between her legs while his hands held her arms firmly, endeavoring to have sexual intercourse with her, but not succeeding because the offended party was able extricate herself and to run away.

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When Light Felonies Are Punishable (Art. 7)

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. (Art. 9, par. 3)

The light felonies punished by the RPC:

Slight physical injuries. (Art. 266) Theft. (Art. 309, pars. 7 & 8) Malicious mischief. (Arts. 328, par.

3; Art. 329, par. 3) melcon s. lapina

Intriguing against honor. (Art. 364) Alteration of boundary marks (Art.

313)The penalty for the above-

mentioned crimes is arresto menor (imprisonment from one day to thirty days), or a fine not exceeding P200.

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General Rule & Exception

Light felonies are punishable ONLY when they have been consummated.

Exception: Light felonies committed against persons or property, are punishable even if ATTEMPTED or FRUSTRATED.

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Conspiracy & Proposal to Commit Felony

General Rule:Conspiracy and proposal to

commit felony are not punishable.Exception:

They are punishable only in the cases in which the law specially provides a penalty therefor.

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Meaning of Conspiracy

Two or more persons come to an agreement concerning the commission of a felony and decide to commit it.

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Two Ways Conspiracy Exists

There is agreement. The participants acted in concert or

simultaneously which is indicative of a meeting of the minds towards a common criminal goal or criminal objective.

Note: When several offenders act in a synchronized, coordinated manner, the fact that their acts complimented each other is indicative of the meeting of the minds. There is an implied agreement.

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Two Kinds of Conspiracy

Conspiracy as a crime Conspiracy as a manner of incurring

criminal liability

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Conspiracy as a Crime: Characteristics No overt act is necessary to bring

about the criminal liability. It is only true when the law expressly

punishes the mere conspiracy.

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Examples of Conspiracy as a Crime Conspiracy to commit treason (Art.

115) Conspiracy to commit coup d’ etat,

rebellion or insurrection (Art. 136) Conspiracy to commit sedition (Art.

141) Monopolies and combinations in

restraint of trade (Art. 186)

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Case Study

A and B agreed and decided to rise publicly and take up arms against the government with the help of their followers. Even if they did not carry out their plan to overthrow the government, A and B are liable for conspiracy to commit rebellion under Art. 136 of the RPC.

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Note:If A and B and their followers did

rise publicly and take arms against the government to overthrow it, thereby committing rebellion, their conspiracy is not a felony. They are liable for rebellion and their conspiracy is only a manner of incurring criminal liability for rebellion.

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Conspiracy as a Manner of Incurring Criminal Liability

The law does not punish mere conspiracy to commit crimes (except in cases where the law provides punishment therefor). It is necessary that the conspirators carry out what has been agreed upon. In this case, CONSPIRACY determines the criminal liability of the offenders.

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Case Study

A, B, and C, after having conceived a criminal plan, got together, agreed and decided to kill D. If A, B and C failed to carry out the plan for some reason or another, they are not liable for having conspired against D, because the crime they conspired to commit, which is murder; is not treason, rebellion or sedition.

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Note:If they carried out the plan and

personally took part in its execution which resulted in the killing of D, they are all liable for murder; even if A merely acted as guard outside the house where D was killed and B merely held the arms of D when C stabbed him to death.

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Requisites of Conspiracy

That two or more persons came to an agreement;

That the agreement concerned the commission of a felony; and

That the execution of the felony be decided upon.

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Meaning of Proposal

A person who has decided to commit a felony proposes its execution to some other person or persons.

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Examples of Proposal as a Crime

Proposal to commit treason (Art. 115) Proposal to commit coup d’ etat,

rebellion or insurrection (Art. 136)

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Cases Study

A desires that the present government be overthrown. But A is afraid to do it himself with others. A then suggests the overthrowing of the government to some desperate people who will do it at the slightest provocation. In this case, A is not liable for proposal to commit rebellion, because A has not decided to commit it.

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A conceived the idea of overthrowing the present government. A called several of his trusted followers and instructed them to go around the country and secretly to organize groups and to convince them of the necessity of having a new government. Note that what A proposed in this case is not the execution of the crime of rebellion, but the performance of preparatory acts for the commission of rebellion. Therefore, there is no proposal.

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Classification of Felonies According to their Gravity (Art. 9)

Grave felonies – those to which the law attaches the capital punishment or penalties which in any of their periods are afflictive, in accordance with Art. 25 of this Code.

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Less grave – those to which the law punishes with penalties which in their maximum period are correctional, in accordance with Art. 25 of this Code.

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Light felonies – 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.

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Capital Punishment

Capital punishment is death penalty.

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Afflictive Penalties

The afflictive penalties in accordance with Art. 25 of this Code are:

Reclusion perpetua Reclusion temporal Perpetual or temporary absolute

disqualification Perpetual or temporary special

disqualification, Prision mayor

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Correctional Penalties

The following are correctional penalties:

Prision correccional Arresto mayor Suspension Destierro

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Circumstances Affecting Criminal Liability

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Justifying circumstances (Art. 11) Exempting circumstances (Art. 12),

and other absolutory causes (Arts. 20; 124, last par.; 280, last par.; 332; 344; etc.)

Mitigating circumstances (Art. 13) Aggravating circumstances (Art. 14) Alternative circumstances (Art. 15)

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Justifying Circumstances (Art. 11)

Definition: Those where the act of a persons is said to be in accordance with law, so that such person is deemed not to have transgressed the law and is free from both criminal and civil liability.

Effect: There is no civil liability, except in par. 4, where the civil liability is borne by the persons benefited by the act.

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Basis of justifying circumstances: The law recognizes the non-existence of a crime by expressly stating in the opening sentence of Art. 11 that the persons therein mentioned “do not incur any criminal liability.”

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Burden of Proof

The burden of proof in proving the existence of justifying circumstances lies upon the accused.

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Types of Justifying Circumstances

Self-defense Defense of relative Defense of stranger Avoidance of greater evil or injury Fulfillment of duty or lawful exercise

of right or office Obedience to an order issued for

some lawful purpose

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Self-Defense (Art. 11, par.1)

Requisites of Self-Defense: Unlawful aggression; Reasonable necessity of the means

employed to prevent or repel it; and

Lack of sufficient provocation on the part of the part of the person defending himself

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Kinds of Aggression

Lawful – fulfillment of a duty or the exercise of a right in a more or less violent manner is an AGGRESSION.

Unlawful – contemplated in Art. 11 that entitles a person to self-defense

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Examples of Lawful Aggression

The act of a chief of police who used violence by throwing stones at the accused when the latter was running away from him to elude arrest for a crime committed in his presence.

The act of a policeman who, after firing five cautionary shots into the air, aimed directly at the escaping detainee when he had already reasons to fear that the latter would be able to elude him and his pursuing companions.

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Unlawful Aggression: Characteristics

An indispensable requisite – For self-defense to exist, unlawful aggression must be present.

Must be unlawful

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Meaning of Unlawful Aggression

An assault or at least threatened assault of an immediate and imminent kind.

The peril to one’s life, limb or right is either actual or imminent.

Actual physical assault upon a person, or at least a threat to inflict real injury.

Threat must be offensive and positively strong, showing the wrongful intent to cause an injury.

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Rights Included in Self-Defense

Defense of right to chastity Defense of right to honor Defense of right to property Defense of home

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Examples of Defense of Chastity

Embracing a woman, touching her private parts and her breasts, and throwing her to the ground for the purpose of raping her in an uninhibited place when it was twilight, constitute an attack upon her honor and, therefore, an unlawful aggression.

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Placing of hand by a man on the woman’s upper thigh is unlawful aggression.

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Example of Defense of Property

Defense of property can be invoked as a justifying circumstance only when it is coupled with an attack on the person of one entrusted with said property.

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Example of Defense of Home

Violent entry to another’s house at nighttime, by a person who is armed with a bolo, and forcing his way into the house, shows he was already and looking for trouble, and the manner of his entry constitutes an act of aggression. The owner of the house need not wait for a blow before repelling the aggression, as that blow may prove fatal.

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Meaning of Reasonable Necessity to Prevent or Repel It.

It refers to the act of one defending against unlawful aggression. The act could be to PREVENT or to REPEL the UNLAWFUL AGGRESSION.

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Means Employed: When Reasonable Nature and quality of the weapon

used by the aggressor, His physical condition, His character, His size, and Other circumstances, those of the

person defending himself, and The place and occasion of the

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Reasonable Necessity….How Interpreted Liberally construed in favor of law-

abiding citizens – Applicable when a lawless person attacks on the streets or particularly in the victim’s home.

One defending himself is a policeman – A police officer is not required to afford a person attacking him, the opportunity for a fair and equal struggle. Reason: He is duty-bound to OVERCOME his opponent.

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Lack of Sufficient Provocation of One Defending HimselfThe one defending himself must

not have given cause for the aggression by his unjust conduct or by inciting or provoking the assailant.

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When Present

When no provocation at all was given to the aggressor by the person defending himself; or

When, even if a provocation was given, it was not sufficient; or

When, even if the provocation was sufficient, it was not given by the person defending himself;

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When, even if a provocation was given by the person defending himself, it was not proximate and immediate to the act of aggression.

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Defense of Relatives (Art. 11, par. 2)

Spouse Ascendants Descendants Legitimate, natural or adopted

brothers and sisters, or relatives by affinity in the same degrees.

Relatives by consanguinity within the fourth civil degree.

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Requisites

Unlawful aggression Reasonable necessity of the means

employed to prevent or repel it; and In case the provocation was given by

the person attacked, the one making a defense had no part therein.NOTE: 1 & 2 requisites are the same with self-defense.

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Examples of Defense of Relatives

The accused who hacked the deceased at the base of his neck when the latter was forcibly abusing the former’s wife.

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A challenged B to prove who of them was the better man. When B picked up a bolo and went after him, A took to flight. The B pursued him and upon overtaking him inflicted two wounds. C, father of A, rushed to his son’s assistance and struck with a cane the bolo from the hands of B. A inflicted fatal wounds upon the B. While the son was originally at fault for giving provocation to B, yet the father was justified in disarming the B, having acted in lawful defense of his son. melcon s. lapina

Defense of Stranger (Art. 11, par. 3)

Unlawful aggression; Reasonable necessity of the means

employed to prevent or repel it; and The person defending be not induced

by revenge, resentment, or other evil motive.

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Examples of Defense of Stranger

A was able to deprive B, a constabulary lieutenant, of his pistol during the fray. B ordered C, a constabulary soldier under his command, to search A for the pistol. When C was about to approach A to search him, the latter stepped back and shot at C who was able to avoid the shot. When A was about to fire again at C, D another constabulary soldier, fired at A with his rifle which killed him. melcon s. lapina

A heard screams and cries for help. When A responded, he saw B attacking his (B’s) wife with a dagger: A approached B and struggled for the possession of the weapon, in the course of which A inflicted wounds on B.

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Avoidance of Greater Evil or Injury (Art. 11, par. 4)

Requisites: That the evil sought to be avoided

actually exists; That the injury feared be greater

than that done to avoid it; and That there be no other practical

and less harmful means of preventing it.

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Examples of Avoidance…

The accused (a woman) who was about to be married to the offended party eloped with another man, after the offended party had made preparations for the wedding, the Court holding that there was necessity on the part of the accused avoiding a loveless marriage with the offended party, and that her refusal to marry him and her eloping with the man whom she loved were justified and did not amount to the crime of slander by deed.

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A person was driving his car on a narrow road with due diligence and care when suddenly he saw a “six by six” truck in front of his car. If he would swerve his car to the left he would fall into a precipice, or if he would swerve it to the right he would kill a passerby. He was forced to choose between losing his life in the precipice or sacrificing the life of the innocent bystander. He chose the latter, swerved his car to the right, ran over and killed the passer-by.

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Fire breaks out in a cluster of nipa houses, and in order to prevent its spread to adjacent houses of strong materials, the surrounding nipa houses are pulled down.

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Fulfillment of Duty or Lawful Exercise of Right or OfficeRequisites:

That the accused acted in the performance of a duty or in the lawful exercise of a right or office;

That the injury caused or the offense committed be the necessary consequence of the due performance of duty or the lawful exercise of such right or office.

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Cases Study

People vs. Felipe Delima (46 Phil. 738)

Valcorza vs. People (30 SCRA 148-150)

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Obedience to an Order Issued for Some Lawful Purpose

Requisites: That an order has been issued by a

superior; That such order must be for some

lawful purpose; and That the means used by the

subordinate to carry out said order is lawful.

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Supreme Court Ruling

The subordinate is not liable for carrying out an illegal order of his superior, if he is not aware of the ILLEGALITY of the order and he is NOT NEGLIGENT.

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Exempting Circumstances (Art. 12)

Effect: NO CRIMINAL LIABILITY BUT THERE IS CIVIL LIABILITY.

Burden of Proof: Existence of exempting circumstance must be proved by the DEFENDANT to the satisfaction of the court.

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Types

Imbecility Insanity Minority Accident Irresistible force Uncontrollable fear Prevented by insuperable cause

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Imbecility (Art. 12, par. 1)

Has an IQ of 7 years old. The intellectual deficiency is

permanent. Exempt in all cases from criminal

liability.

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Insanity (Art. 12, par. 1)

To be exempting, the person must be insane at the time of the commission of the crime.

The insane person is not exempt if it can be shown that he acted during a lucid interval.

During lucid interval, the insane acts with intelligence.

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Minority

The age of absolute irresponsibility – Child 15 years old or under at the time of the commission of the offense

The age of conditional responsibility – Child above 15 years old but under 18 years old, acting without discernment, at the time of the commission of the offense.

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The age of full responsibility – 18 or over (adolescence) to 70 (maturity)

The age of mitigated responsibility – over 15 years old but under 18 years old, acting with discernment, at the time of the commission of the offense; over 70 years of age.

Discernment – the mental capacity of a minor to fully appreciate the consequences of his lawful act.

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Accident (Art. 12, par. 4)

Elements: A person is performing a lawful act; With due care; He causes an injury to another by

mere accident; Without fault or intention of

causing it.

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Meaning of Accident

An accident is something that happens outside the sway of our will, and although it comes about through some act of our will, lies beyond the bounds of humanly foreseeable consequences.

If the consequences are plainly foreseeable, it will be a case of negligence.

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Example

The accused, while hunting, saw wild chickens and fired a shot. The slug, after hitting a wild chicken, recoiled and struck the tenant who was a relative of the accused. The man who was injured died.

If life is taken by misfortune or accident while the actor is in the performance of a lawful act executed with due care and without intention of doing harm, there is no criminal liability.

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Irresistible Force (Art. 12, par. 5)

Elements: That the compulsion is by means of

physical force. That the physical force must be

irresistible. That the physical force must come

from a third person.

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Example

In the case of U.S. vs. Caballeros, et. al., 4 Phil. 350, it appears that Baculi, one of the accused who was not a member of the band which murdered some American school-teachers, was in a plantation gathering bananas. Upon hearing the shooting, he ran. However, Baculi was seen by the leaders of the band who called him, and striking him with the butts of their guns, they compelled him to bury the bodies. melcon s. lapina

Baculi was not criminally liable as accessory for concealing the body of the crime (Art. 19) of murder committed by the band, because Baculi acted under the compulsion of an irresistible force.

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Uncontrollable Fear (Art. 12, par.6)

Elements: That the threat which causes the

fear is of an evil greater than or at least equal to, that which he is required to commit.

That it promises an evil of such gravity and imminence that the ordinary man would have succumbed to it.

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Example

Liberato Exaltacion and Buenaventura Tanchinco were compelled under fear of death to swear allegiance to the Katipunan whose purpose was to overthrow the government by force of arms.

In this case, the accused cannot be held criminally liable for rebellion, because they joined the rebels under impulse of an uncontrollable fear of an equal or greater injury.

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Prevented by Insuperable Cause (Art. 12, par. 7)

Elements: That an act is required by law to be

done; That a person fails to perform such

act; That his failure to perform such act

was due to some lawful or insuperable cause.

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Example: Prevented by Some Lawful Cause

A confessed to a Filipino priest that he and several other persons were in conspiracy against the Government. Under Arts. 116, a Filipino citizen who knows of such conspiracy must report the same to the governor or fiscal of the province where he resides.

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If the priest does not disclose and make known the same to the proper authority, he is exempt from criminal liability, because under the law, the priest cannot be compelled to reveal any information which he came to know by reason of the confession made to him in his professional capacity.

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Example: Prevented by Some Insuperable Cause

A mother who at the time of childbirth was overcome by severe dizziness and extreme debility, and left the child in a thicket where said child died, is not liable for infanticide, because it was physically impossible for her to take home the child.

The severe dizziness and extreme debility of the woman constitute an insuperable cause.

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Absolutory Causes

They are those where the act committed is a crime but for reasons of public policy and sentiment there is no penalty imposed.

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Art. 6. - The spontaneous desistance of the person who commenced the commission of a felony before he could perform all the acts of execution.

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Art. 20. - Accessories who are exempt from criminal liability. - The penalties prescribed for accessories shall not be imposed upon those who are such with respect to their spouses, ascendants, descendants, legitimate, natural, and adopted brothers and sisters, or relatives by affinity within the same degrees, with the single exception of accessories falling with the provisions of paragraph 1 of the next preceding article.

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The provisions of paragraph 1 of Art. 19 read, as follows:

"By profiting themselves or assisting the offenders to profit by the effects of the crime."

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Art. 124, last paragraph. - The commission of a crime, or violent insanity or any other ailment requiring the compulsory confinement of the patient in a hospital, shall be considered legal grounds for the detention of any person.

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Art. 247, pars. 1 and 2. - Death or physical injuries inflicted under exceptional circumstances. - Any legally married person who, having surprised his spouse in the act of committing sexual intercourse with another person, shall kill any of them or both of them in the act or immediately thereafter, or shall inflict upon them any serious physical injury, shall suffer the penalty of destierro.

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If he shall inflict upon them physical injuries of any other kind, he shall be exempt from punishment.

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Art. 280, par. 3. - The provisions of this article (on trespass to dwelling) shall not be applicable to any person who shall enter an other's dwelling for the purpose of preventing some serious harm to himself, the occupants of the dwelling or a third person, nor shall it be applicable to any person who shall enter a dwelling for the pur pose of rendering some service to humanity or justice, nor to anyone who shall enter cafes, taverns, inns and other public houses, while the same are open. melcon s. lapina

Art. 332. - Persons exempt from criminal liability. - No criminal, but only civil, liability shall result from the commission of the crime of theft, swindling or malicious mischief committed or caused mutually by the following persons:

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1. Spouses, ascendants and descendants, or relatives by affinity in the same line;

2. The widowed spouse with respect to the property which belonged to the deceased spouse before the same shall have passed into the possession of another; and

3. Brothers and sisters and brothers-in-law and sisters-in law, if living together.

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Art. 344, par. 4. - In cases of seduction, abduction, acts of lasciviousness and rape, the marriage of the offender with the offended party shall extinguish the criminal action or remit the penalty already imposed upon him. The provisions of this paragraph shall also be applicable to the co-principals, accomplices and accessories after the fact of the abovementioned crimes. melcon s. lapina

Instigation & Entrapment

In instigation, the criminal plan or design exists in the mind of the law enforcer with whom the person instigated cooperated so it is said that the person instigated is acting only as a mere instrument or tool of the law enforcer in the performance of his duties.

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On the other hand, in entrapment, a criminal design is already in the mind of the person entrapped. It did not emanate from the mind of the law enforcer entrapping him. Entrapment involves only ways and means which laid down or resorted to facilitate the apprehension of the culprit.

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Complete Defenses in Criminal Cases

1. Any of the essential elements of the crime charged is not proved by the prosecution and the elements proved do not constitute any crime.

2. The act of the accused falls under any of the justifying circum stances. (Art. 11)

3. The case of the accused falls under any of the exempting cir cumstances. (Art. 12)

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4. The case is covered by any of the absolutory causes:a. Spontaneous desistance during attempted stage (Art. 6), and no crime under another provision of the Code or other penal law is committed.b. Light felony is only attempted or frustrated, and is not against persons or property. (Art. 7)

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c. The accessory is a relative of the principal. (Art. 20)

d. Legal grounds for arbitrary detention. (Art. 124)

e. Legal grounds for trespass. (Art. 280)

f. The crime of theft, swindling or malicious mischief is committed against a relative. (Art. 332)

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g. When only slight or less serious physical injuries are inflicted by the person who surprised his spouse or daughter in the act of sexual intercourse with another person. (Art. 247)

h. Marriage of the offender with the offended party when the crime committed is rape, abduction, seduction, or acts of lasciviousness. (Art. 344)

i. Instigation. melcon s. lapina

5. Guilt of the accused not established beyond reasonable doubt.

6. Prescription of crimes. (Art. 89) 7. Pardon by the offended party before

the institution of criminal action in crime against chastity. (Art. 344)

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Mitigating Circumstances (Art. 13)

Mitigating circumstances are those which, if present in the commission of the crime, do not entirely free the actor from criminal liability, but serve only to reduce the penalty.

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Classes of Mitigating Circumstances 1. Ordinary mitigating - those

enumerated in subsections 1 to 10 of Article 13.

Those mentioned in subsection 1 of Art. 13 are ordinary mitigating circumstances, if Art. 69, for instance, is not applicable.

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2. Privileged mitigating a. Penalty to be imposed upon a person under eighteen years of age. (Art. 68) b. Penalty to be imposed when the crime committed is not wholly excusable. (Art. 69)c. When there are two or more mitigating cir cumstances and no aggravating circumstances are present. (Art. 64)

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Types of Mitigating Circumstances (Art. 13)

Incomplete justifying or exempting circumstances (par. 1)

Under 18 or over 70 years old (par. 2)

No intention to commit so grave a wrong (par. 3)

Provocation or threat (par. 4) Vindication of grave offense (par. 5) Passion or obfuscation (par. 6)

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Surrender and confession of guilt (par. 7)

Physical defect (par. 8) Illness of the offender (par. 9) Similar and analogous circumstances

(par. 10)

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Aggravating Circumstances (Art. 14)

Aggravating circumstances are those which, if attendant in the commission of the crime, serve to increase the penalty without, however, exceeding the maximum of the penalty provided by law for the offense.

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Kinds of Aggravating Circumstances Generic – Those that can generally

apply to all crimes. Specific – Those that apply only to

particular crimes. Qualifying – Those that change the

nature of the crime. Inherent – Those that must of

necessity accompany the commission of the crime.

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Considered Generic

Dwelling, Nighttime, Recidivism

NOTE: In Art. 14, the following are considered generic aggravating: nos. 1, 2, 3 (dwelling), 4, 5, 6, 9, 10, 14, 18, 19 & 20, except “by means of motor vehicles.”

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Considered Specific

Ignominy in crimes against chastity or cruelty and treachery in crimes against persons.NOTE: In Art. 14, the following are considered specific aggravating: nos. 3, (except dwelling), 15, 16, 17 & 21.

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Considered Qualifying

Alevosia (treachery) or evident premeditation qualifies the killing of a person to murder.NOTE: Art. 248 enumerates the qualifying aggravating circumstances which qualify the killing of person to murder.

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Considered Inherent

Evident premeditation is inherent in robbery, theft, estafa, adultery and concubinage.

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NOTE: Only generic aggravating and qualifying circumstances will have the effect of increasing the penalty.

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Nature of Generic

If not offset by any mitigating circumstances: increase penalty by maximum period.

Need not be alleged in the information to be considered by the court.

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Nature of Qualifying

Change the nature of crime, e.g. homicide to murder.

Must be alleged in the information to be considered by court. Otherwise, it shall only be considered GENERIC.

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Types of Aggravating Circumstances (Art. 14) Advantage taken of public position

(par. 1) Contempt or insult to public

authorities (par. 2) Disregard of rank, age, sex, or

dwelling of offended party (par. 3) Abuse of confidence and obvious

ungratefulness (par. 4) Palace and places of commission of

offense (par. 5)melcon s. lapina

Nighttime, uninhabited or band (par. 6)

On occasion of calamity or misfortune (par. 7)

Aid of armed men, etc. (par. 8) Recidivist (par. 9) Reiteracion or habituality (par. 10) Price, reward or promise (par. 11) By means of inundation, fire, etc.

(par. 12)melcon s. lapina

Evident premeditation (par. 13) Craft, fraud or disguise (par. 14) Superior strength or means to

weaken defense (par. 15) Treachery (par. 16) Ignominy (par. 17) Unlawful entry (par. 18) Breaking wall (par. 19) Aid of minor or by means of motor

vehicles (par. 20) Those peculiar to certain offenses

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Recidivism

Who is a recidivist? One who, at the time of his trial for one crime, shall have been previously convicted by final judgment of another crime embraced in the same title of the Revised Penal Code.

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Requisites of Recidivism

That the offender is on trial for an offense;

That he was previously convicted by final judgment of another crime;

That both the first and the second offenses are embraced in the same title of the Code; and

That the offender is convicted of the new offense.

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Important Things to Remember in Recidivism

Need to allege recidivism in information, exception: accused does not object or by his own admission in his confession and on the witness stand.

Pardon does not obliterate the fact that the accused was a recidivist; but amnesty extinguishes the penalty and its effects.

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Reiteracion Requisites:

That the accused is on trial for an offense;

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 attaches lighter penalty than that for the new offense; and

That he is convicted of new offense.

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Habitual Delinquency

There is habitual delinquency when a person, within a period of ten years from the date of his release or last conviction of the crimes of serious or less serious physical injuries, robbery, theft, estafa or falsification, is found guilty of any of said crimes a third time or oftener. (Art. 62, last paragraph).

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Quasi-Recidivism

Any person who shall commit a felony after having been convicted by final judgment, before beginning to serve such sentence, or while serving the same, shall be punished by the maximum period of the penalty prescribed by law for the new felony. (Art. 160)

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Aggravating Circumstances That Would Qualify the Killing to Murder

Art. 248 enumerates the following:1. With treachery, taking advantage of

superior strength, with the aid of armed men, or employing means to weaken the defense or of means or persons to insure or afford impunity.

2. In consideration of a price, reward, or promise.

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3. By means of inundation, fire, poison, explosion, shipwreck, stranding of a vessel, derailment or assault upon a street car or locomotive, fall of an airship, by means of motor vehicles, or with the use of any other means involving great waste and ruin.

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4. On occasion of any of the calamities enumerated in the preceding paragraph, or of an earthquake, eruption of a volcano, destructive cyclone, epidemic or other public calamity.

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5. With evident premeditation. 6. With cruelty, by deliberately and

inhumanly augmenting the suffering of the victim, or outraging or scoffing at his person or corpse.

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Alternative Circumstances (Art. 15)

Those which must be taken into consideration as AGGRAVATING or MITIGATING according to the nature and effects of the crime and the other conditions attending its commission.

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Types of Alternative Circumstances

Relationship; Intoxication; and Degree of instruction and education

of the offender

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Relationship: When Considered

When the offended party is: Spouse, Ascendant, Descendant, Legitimate, natural, or adopted

brother or sister, or Relative by affinity in the same

degree of the offender.

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Relationship: When Mitigating

Crimes against property, by analogy to the provisions of Art. 332.

Less serious physical injuries or slight physical injuries: If the offended party is a relative of a lower degree of the offender.

Trespass to dwelling

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Relationship: When Aggravating

Crimes against persons in cases where the offended party is a relative of a HIGHER DEGREE than the offender, or when the offender and the offended party are relatives of the same level, as killing a brother, a brother-in-law, a half-brother, or adopted brother.EXCEPT: In any of the serious physical injuries even if the offended party is a descendant of the offender.

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Serious physical injuries is committed by the offender against his child, whether legitimate, or any of his legitimate other descendants, relationship is aggravating. NOTE: Serious physical must not be inflicted by a parent upon his child by excessive chastisement.

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Less serious physical injuries or slight physical injuries: The offended party is a relative of a higher degree of the ofender.

Homicide or murder Crimes against chastity

NOTE: Relationship is neither mitigating nor aggravating, when relationship is an element of the offense.

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Intoxication: Mitigating or Aggravating Mitigating – if the intoxication is not

habitual, or if intoxication is not subsequent to the plan to commit a felony.

Aggravating – if intoxication is habitual, or if it is intentional subsequent to the plan to commit a felony.

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Degree of Instruction and Education of the Offender

Low degree of instruction and education or lack of it is generally mitigating. High degree of instruction and education is aggravating, when the offender avails himself of his learning in committing the crime.

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PERSONS CRIMINALLY LIABLE FOR FELONIES

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Who Are Criminally Liable (Art. 6)

Principals Accomplices accessories

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Criminally Liable for Light Felonies

Principals Accomplices

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Rules Relative to Light Felonies:

Light felonies are punishable only when they have been consummated. (Art. 7)

But when light felonies are committed against persons or property, they are punishable even if they are only in the attempted or frustrated stage of execution. (Art. 7)

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Only principals and accomplices are liable for light felonies. (Art. 16)

Accessories are not liable for light felonies, even if they are committed against persons or property. (Art. 16)

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Principals (Art. 17)

Principal by DIRECT PARTICIPATION – Those who take a direct part in the execution of the act;

Principal by INDUCEMENT – Those who directly force or induce others to commit it.

Principal by INDESPENSABLE COOPERATION – Those who cooperate in the in the commission of the offense by another act without which it would not have been accomplished.

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Accomplices (Art. 18)

Persons who, not being included in Art. 17, cooperate in the execution of the offense by previous or simultaneous acts.

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Requisites for a Person to Be Considered an Accomplice That there be community of design;

that is, knowing the criminal design of the principal by direct participation, he concurs with the latter in his purpose;

That he cooperates in the execution of the offense by previous or simultaneous acts, with the intention of supplying material or moral aid in the execution of the crime an efficacious way; and

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That there be a relation between the acts done by the principal and those attributed to the person charged as accomplice.

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Accessories (Art. 19)

An accessory does not participate in the criminal design, nor cooperate in the commission of the felony, but, with knowledge of the commission of the crime, he subsequently takes part in three ways:

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By profiting from the effects of the crime;

By concealing the body, effects or instruments of the crime in order to prevent its discovery; and

By assisting in the escape or concealment of the principal of the crime, provided he acts with abuse of his public functions or the principal is guilty of treason, parricide, murder, or an attempt to take the life of the Chief Executive, or is known to be habitually guilty of some other crime.melcon s. lapina

Heavy Penalties for Accessories in Robbery and TheftThose who profit from the effects

of the crime of ROBBERY and THEFT are themselves principals in the crime punished in Presidential Decree No. 1612, otherwise known as “Anti-Fencing Law.”

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Accessories Who Are Exempt from Criminal Liability (Art. 20)

The penalties prescribed for accessories shall not be imposed upon those who are such with respect to their spouses, ascendants, descendants, legitimate, natural, and adopted brothers and sisters, or relatives by affinity within the same degrees, with the single exception of accessories falling within the provisions of paragraph 1 of the next preceding article. melcon s. lapina