jTHE REVISED PENAL CODE (RPC) already imposed shall be reduced to reclusion

perpetua”
BOOK I AND RELATED SPECIAL PENAL
LAWS d. Bill of attainder;
A bill of attainder is a law which inflicts
I. GENERAL PRINCIPLES punishment without trial.

A. Criminal Law e. Ex post facto law

ART. 3 SEC 2. (Ex post facto law)
1. Definition “No ex post facto law or bill of attainder
CRIMINAL LAW: a branch of law which defines shall be enacted”
crimes, treats for their nature and provides for Ex Post facto Law is a law that makes
their punishment criminal an act done before the passage of the
law and which was innocent when done, and
2. Sources of Criminal Law punishes such an act; it may also be defined as
1. Revised Penal Code & Amendments a law which aggravates a crime or makes it
2. Special Penal Laws greater than it was when committed.
3. Penal Presidential Decrees
4. Jurisprudence
BAR EXAM QUESTION
3. Constitutional limitations on the [2012]
power of the State to enact penal laws: The constitutional provision limiting the power of
1. Must be general in application Congress to enact penal laws are the following:
2. Must not partake of the nature of an ex 1. The law must not be an ex post facto law or it
post facto law should not be given a retroactive effect.
3. Must not partake of the nature of a bill of
attainder 2. The law must not be a bill of attainder, meaning
4. Must not impose cruel and unusual it cannot provide punishment without judicial
punishment or excessive fines proceedings.
5. Equal protection clause
3. The law must not impose cruel, unusual or
a. Equal protection clause; degrading punishment.
b. Due process;
ART. 3 SEC 1. (Equal Protection & Due Process 4. No person shall be held to answer for a criminal
Clause) offense without due process of law.
“No person shall be deprived of life,
liberty or property. Nor shall any person be B. Characteristics of Criminal Law
denied of equal protection of the laws”
1. Generality (WHO)
c. Non imposition of cruel and unusual ART. 14 NEW CIVIL CODE
punishment or excessive fines; Criminal law is binding on all persons who
ART. 3 SEC 19.1 (Non imposition of cruel and live or sojourn in Philippine territory.
unusual punishment or excessive fines)
“Excessive fines shall not be imposed, Exceptions to Generality
nor cruel and degrading or inhuman punishment 1. Diplomatic Immunity from Suit
inflicted. Neither that the death penalty shall be ● Sovereigns and other head of states
imposed ,unless, for compelling reasons ● Ambassadors, minister
involving heinous crimes, The Congress plenipotentiaries, minister residents
hereafter shall provide for it. Any death penalty and charges d’affaires - they are
 representatives of the other state, 4. While being public officers or
you cannot touch them because employees, should commit an offense in
they enjoy blanket immunity. You the exercise of their functions
cannot___ dominion equal state. 5. Should commit any of the crimes
The state is equal. against national security and the law of
● Consuls - have limited immunity (not nations, defined in title one of book two
blanket immunity) Should be function- of the RPC
related.
Indonesian vessel - Manila Bay naka daung
JURISPRUDENCE: - can the PH courts have jurisdiction? -
II HYDE, INTERNATIONAL LAW, 2ND ED, Territoriality
1266
It is a well-established principle of Vessel in high seas (walang specific place)-
international law that diplomatic representatives, kung saan nakaregister.
such as ambassadors or public ministers and
their official retinue, possess immunity from the A married to B. A (husband) went abroad to
criminal jurisdiction of the country of their work, but had an affair in Singapore. B filed for
sojourn and cannot be sued, arrested or VAWC. Can it prosper? Yes. The suffering or
punished by the law of that country. the there is psychological violence and the
(A consul is not entitled to the privileges victim resides here in the Philippines
and immunities of an ambassador or minister. If
a treaty is absent, then consul is not exempt
from criminal liability)
BAR EXAM QUESTION
2. Laws of Preferential Application [2015]
3. Treaty stipulations Hubert and Eunice were married in the Philippines.
Hubert took graduate studies in New York and met
2. Territoriality (WHERE) his former girlfriend Eula. They renewed their
Criminal laws undertake to punish crimes friendship and finally decided to get married. The
committed within PH first wife, Eunice, heard about the marriage and
secured a copy of the marriage contract in New
Exceptions: York. Eunice filed a case of Bigamy against Hubert
1. When a particular penal statute in the Philippines.
expressly provides for extra territorial
application. (Cybercrime Law, Anti (a) Will the case prosper? Explain
Terrorisim, Piracy, VAWC)
2. Art 2 of RPC. No, because the Philippine Courts have no
Its provisions shall be enforced outside jurisdiction over a crime committed outside of the
of the jurisdiction of the PH against those Philippine territory. Under the principle of
who: territoriality, penal laws, specifically the RPC, are
enforceable only within the bounds of our territory
1. Should commit an offense while on a
(Art. 2, RPC).
PH ship or airship
2. Should forged or counterfeit any coin
(b) If Eunice gave her consent to the second
or currency notes of the PH or
marriage, what would your answer be? Explain.
obligations and securities issued by the
Government of the PH
The answer will be the same. The consent of
3. Should be liable for acts connected w/ Eunice would not confer jurisdiction on Philippine
the introduction into the PH of the Courts. General Principles; Constitutional Provision
obligations and securities mentioned in
the preceding number
Limiting the Power of Congress to Enact Penal 1. Classical
Laws (2012) 2. Positivist

3. Prospectivity (WHEN) Classical Positivist

ART 366 RPC
Crimes are punished under the laws in force at All men are
the time of their commission Man born good,
Understands no man is
GR: A penal law cannot make an act punishable right from born evil.
in a manner in which it was not punishable when wrong, good He is
committed. Basis of from evil. subdued by
Criminal Hence, when some strange
XPN/S: - When the new statute establishes Liability he does a phenomenon
conditions more lenient or favorable to the wrong , to act
accused, it can be given a retroactive effect. willfully, he wrong,
does it contrary to
XPN/S to XPNS: (No application if the offender voluntarily. his own
is a habitual criminal; New law is expressly volition.
made inapplicable to pending actions or existing Retribution Reformation
causes of action) Offender Offender is
deserves to "socially sick"
Purpose
Recidivism be punished and needs to
Paragraph 9 of article 14 of the Revised Penal "an eye for be cured, not
Code defines recidivism by stating that it is an eye" punished.
committed by a person who, at the time of his Emphasis on
trial for one crime, shall have been previously Emphasis on
Emphasis the criminal
convicted by final judgment of another crime the crime
not the crime
embraced in the same title of the Code.

Habitual Delinquent
If within a period of ten years from the date of
his release or last conviction of the crimes of
robbery, theft, estafa, or falsification, he is found
guilty of any of said crimes a third time or
oftener.

I will invoke/interpose that the law enacted by

the Constitution is ____ POST FACTO LAW.

C. Theories of Criminal Law

II. FELONIES (Art. 3 RPC) C. Elements of a Felony

Article 3. Definitions. - Acts and omissions REQUISITES OF FELONY:

punishable by law are felonies (delitos). There must be:
1. An act or omission
Felonies are committed not only by means of 2. Punishable by RPC
deceit (dolo) but also by means of fault (culpa). 3. Act is performed or the omission incurred by
means of dolo or culpa
There is deceit when the act is performed with
deliberate intent and there is fault when the
D. Elements of Intentional Felony and Culpable
wrongful act results from imprudence,
Felony
negligence, lack of foresight, or lack of skill.

REQUISITES of Intentional Felony

A. Crimes, Felonies a. Freedom
b. Intelligent
Terms c. Intent
Crime - generic term which may mean violations
of RPC, SPL and ordinances
Felony - violations of the Revised Penal Code REQUISITES of Culpable Felony
Offenses - violations of Special penal Laws A. Freedom
Infractions - violations of provincial, city, B. Intelligence
municipal ordinances C. Imprudence, Negligence, Lack of skill
Act - is any bodily movement tending to produce of foresight
some effects in the external world. D. Lack of Intent
Omission - inaction. The failure to perform an
act one is bound to do. E. Mistake of Fact
Requisites:
B. Three classes of crimes 1. That the act done would have been
lawful had the facts been as the accused
1. Intentional Felonies believed them to be.
- There is deceit when the act is performed with 2. That the intention of the accused in
deliberate intent performing the act should be lawful
3. That the mistake must be without fault or
2. Culpable Felonies carelessness on the part of the accused.
- there is fault when the wrongful act results from
imprudence, negligence, lack of foresight, or F. General Intent / Specific Criminal Intent
lack of skill

Imprudence: deficiency of action GENERAL INTENT SPECIFIC INTENT

Negligence: deficiency of perception not presumed
presumed from the
because it is an
3. Crimes punished by Special Penal mere doing of a wrong
ingredient or element
Laws - MALA PROHIBITUM act
of a crime

GR: Intent to commit crime is not necessary. It is burden is upon the

enough that the offender has the intent to wrongdoer to prove burden is on the
perpetrate the act punishable by the special law. that he acted without prosecution to prove
such criminal intent
Intent to kill is a specific intent which the MOTIVE IS RELEVANT when:
prosecution must prove by direct or a. Identity of a person accused is in dispute
circumstantial evidence, while general criminal b. When there is doubt to the identity of the
intent is presumed from the commission of a assailant
felony by dolo. c. Ascertaining the truth between two
antagonistic theories or versions of the killing
G. Elements of criminal liability for violation of d. Identification of the accused proceeds from an
Special Penal Laws unreliable source and the testimony is
inconclusive and not free from doubt
H. Intent to commit a crime distinguished from e. No eyewitness
intent to perpetrate the act f. Evidence is merely circumstantial

INTENT TO MOTIVE IS NOT NEEDED WHEN:

INTENT TO COMMIT a. The commission of the crime has been
PERPETRATE
proven and evidence of identification is
it is enough that the convincing
there must be criminal prohibited act is done b. Accused is positively identified
intent; freely and c. Defendant admits killing
consciously. d. Guilt is established by sufficient evidence

I. Crimes Mala in Se and Crimes Mala Prohibita HOW MOTIVE IS PROVED? - Testimony of
witnesses

Crimes mala
Crimes mala in se
prohibita
III. CRIMINAL LIABILITY
wrongful in itself; Only wrong because it
inherently evil is prohibited by law Article 4. Criminal liability. - Criminal liability shall
be incurred:
generally, felonies Generally, acts made 1. By any person committing a felony (delito)
defined and penalized criminal by Special although the wrongful act done be different from
by the RPC Laws that which he intended.
Criminal intent is not 2. By any person performing an act which would
Criminal Intent is an
taken into be an offense against persons or property, were
innate element
consideration it not for the inherent impossibility of its
Good faith is not a accomplishment or on account of the
Good faith is a defense
defense employment of inadequate or ineffectual means.
- IMPOSSIBLE CRIME
The moment you commit a crime under special
law, you are liable.
A. Liability for a felony not intended
1. Requisites
J. Intent and Motive
A. There must be an act or omission
Intent - there is desire to commit a
B. The act or omission must be
felony.
punishable by law
Motive - It is the moving power which
C. The act performed by means of
impels one to do an act.
dolo or culpa
 actual victim are both at the scene of
2. Praeter intentionem
3. Error in personae (mistake in identity) the crime.
4. Aberratio ictus (mistake in the blow)
BAR EXAM QUESTION [2021]
Define/distinguish the following terms:
Error in Aberratio Aberratio Ictus, error in personae, and praeter intention
Praeter personae ictus
intentionem (mistake in (mistake in Suggested Answer:
identity) the blow) The three instances are consequences of the first
paragraph of Article 4 of the Revised Penal Code in
Lack of The conviction
how criminal liability is incurred.
intention to is based on
commit so actual crime
Aberratio Ictus or mistake in the blow exists when
grave wrong committed poor aim
the offender delivered the blow at his intended victim
Result done is but because of lack of precision, missed, and instead,
greater than The penalty is landed on an unintended victim. This instance may
originally based in the ripen into a complex crime if from a single act, two or
intended intended crime more grave or less grave felonies resulted, namely the
attempt against the intended victim but the
2 victim
consequence falls on the unintended victim. As
(actual victim
complex crimes, the penalty for the more serious crime
& intended
shall be imposed and the same shall be imposed in its
1 victim 1 victim victim)
maximum period.
**PRAETER INTENTIONEM
Error in personae or mistake in identity exists when
- lack of intention to commit so
the offender actually hit someone believing that it is the
grave a wrong as that intended victim but it turned out to be a different
person. Article 49 of the RPC provides for the penalty
committed.
to be imposed when the crime committed is different
- Disparity between the means from that intended. The lesser penalty of the crime
employed vs the resulting intended or the crime committed shall be imposed
depending on the circumstances but in the maximum
injury. period.
-
Error in personae, or mistake in identity Praeter Intentionem or when the injury went beyond
what was intended or expected. This situation is a
occurs when the felonious act was mitigating circumstance of no intent to commit so grave
directed at the person intended, but who wrong under par. 3 of Article 13 of the Revised Penal
turned out to be somebody else. Code and happens. It arises when there is a notorious
disparity between the act or means employed by the
offender and the resulting felony, i.e, the resulting
In “aberratio ictus” or mistake in the felony could not be reasonably anticipated or foreseen
blow, a person directed the blow at an by the offender from the act or means employed by
him.
intended victim, but because of poor
aim, that blow landed on somebody B. Doctrine of proximate cause
else. The intended victim as well as the - Is the cause which in the ordinary
and continuous sequence, unbroken
by an efficient intervening cause,
 produces injury, without the result Example: B, accused tried to rob A using a toy gun. While
chasing A, 2 bystanders thought that A is the real accused,
would not have occurred. mauled A and was killed. Can B be held liable? Yes, under
the efficient intervening cause.
REQUISITES
1. An intentional felony was committed E. Efficient Cause of Death Rule
2. That the wrong done to the aggrieved A and B are fighting. A stabbed
party be the direct, natural and logical B. Then suddenly B stepped back and
cause consequence of the felony was hit by the car. Is he liable? Yes.
committed. There is an efficient intervening cause.

Example: F. Blow Accelerated Death Rule

Suicide - jump in the bridge. Smashed the - Even though a blow with the fist or a kick
person below. - no criminal liability for because does not cause any external wound, yet
suicide is not a felonious act. if the blow with the fist or food
accelerated death, he who caused such
Offered to drink alcohol by which the person is acceleration is responsible for the death
allergic - no criminal liability because offering a as the result of an injury willfully and
drink is not a felonious act. unlawfully inflicted - People v Ulep, GR
L-36858
Example: A and B are having a date. B noticed
that C ninakaw ang car nya at drinive na palayo. G. Instilling Fear Rule
So B, fired the tire of his car and while the car is - If a man creates in another person’s
pagewan gewang, nabangga ang bystander. mind an immediate sense of danger,
Who is liable? B or C. C is liable under which causes such person to try to
proximate cause. escape, and, in so doing, the latter
injures himself, the man who creates
C. Immediate cause such a state of mind is responsible for
the resulting injuries.
D. Efficient intervening cause
- - cause that breaks the relation of cause H. Supervening Event Rule
and effect. It is an active force which is a - Where after the first prosecution a new
distinct act or fact absolutely foreign from fact supervenes for which the defendant
a felonious act of an offender. is responsible, which changes the
- WHAT ARE NOT EFFICIENT character of the offense, and together
INTERVENING CAUSE with the facts existing at the time,
1. Weak or physical condition of the constitutes a new and distinct offense,
victim the accused cannot be said to be in
2. Nervousness or temperament of second jeopardy if indicted in the second
the victim offense.
3. Delay in giving medical treatment

Example:
BAR EXAM QUESTION [2004]
Wife diarrhea beaten. Still can be held liable. Kasi without On his way home from the office, ZZ rode in a jeepney.
the blow the wife may still be alive. Subsequently, XX boarded the same jeepney. Upon
reaching a secluded spot in QC, XX pulled out a
Accused driving vehicle with passenger they bumped to the
grenade from his bag and announced a hold-up. He
post, passenger injured . The doctor prescribed antibiotics
not knowing the passenger is allergic. The doctor is liable told ZZ to surrender his watch, wallet and cellphone.
hahah. The antibiotic is the cause of the death. Fearing for his life, ZZ jumped out of the vehicle. But
as he fell, his head hit the pavement, causing his
instant death. Is XX liable for ZZ’s death? Explain Example:
briefly. Accused prepared poison pero nabigay nya ay
toyo. Impossible crime. Ineffectual means. It will
Suggested Answer: be impossible for him to kill the victim.
Yes. XX is criminally liable for the death of ZZ.
Accused shot Jovy. No bullets. Impossible crime.
Article 4(1) states that criminal liability is incurred by a Legally impossible to kill without bullets.
person committing a felony although the wrongful act
done be different from that which he intended. Pistol jammed. Attempted murder. With direct
overt acts but the felony is not produced.
In the facts given, XX committed a felonious act when
he pulled out a grenade and declared a hold-up. It Substance caused diarrhea. Physical Injuries.
created an immediate sense of danger in the mind of
ZZ. Consequently, the death of ZZ caused by fear from BAR EXAM QUESTION [2004]
XX’s act makes the latter criminally liable even if the What is an impossible crime? Can there be an
result is different from his own intention. impossible crime of adultery?

Suggested Answer:
I. Impossible crime Under Article 4 of the RPC, an impossible is an act
1. Legal impossibility which could be an offense against persons or property,
were it not for the inherent impossibility of its
Legal impossibility would apply to those accomplishment or on account of the employment of
circumstances where inadequate or ineffectual means.
(1) the motive, desire and expectation is to
perform an act in violation of the law; Since the crime of adultery is a crime against chastity
and not a crime against person or property, there is,
(2) there is intention to perform the physical act;
therefore, no impossible crime of adultery.
(3) there is a performance of the intended
physical act; and
(4) the consequence resulting from the intended
act does not amount to a crime. BAR EXAM QUESTION [2015]
Puti detested Pula, his roommate, because Pula was
2. Physical impossibility courting Ganda, whom Puti fancied. One day, Puti
decided to teach Pula a lesson and went to a
Factual impossibility occurs when extraneous veterinarian to ask for poison on the pretext that he
circumstances unknown to the actor or beyond was going to kill a sick pet, when actually Puti was
his control prevent the consummation of the intending to poison Pula. The vet instantly gave Puti a
intended crime. non-toxic solution which, when mixed with Pula’s food,
did not kill Pula.
REQUISITES OF IMPOSSIBLE CRIME:
a. What crime, if any, did Puti commit?
1. The act done performed would be an
offense against persons or property Suggested Answer:
2. That the act was done with evil intent Puti committed the impossible crime of murder.
3. That its accomplishment is inherently
impossible, or that the means employed Under Art 4(2) of the RPC, the following are the
is either inadequate or ineffectual. requisites of an impossible crime:
a. Act performed would be an offense against
4. That the act performed should not
persons or property;
constitute a violation of another provision
b. Act was done with evil intent;
of the RPC
 c. Accomplishment is inherently impossible or No frustrated robbery
means employed is either inadequate or
ineffectual; and, Rape - no frustrated rape. Slightest touch in the
d. Act performed should not constitute a violation labia = consummated rape.
of another provision of RPC.

Here, all the elements of impossible crime are present.

Puti’s act of mixing a solution with Pula’s food would
have been murder, a crime against persons. The act
was done with evil intent, that is, to kill Pula. However,
the crime was not accomplished because of the
employment of ineffectual means, i.e., The solution
turned out to be non-toxic. And, said act would not fall
under any other provision of the RPC. Moreover, Puti
believed that he was in possession of a poison where
in truth and in fact, it is merely a non-toxic solution.

B. Would your answer be the same if, as a result of

the mixture, Pula got an upset stomach and had
tobe hospitalized for 10 days?

No. my answer would differ.

Under Article 4(2) of the RPC, an impossible crime is

committed, when among others, an act performed
Article 6. Consummated, frustrated, and
does not constitute a violation of another provision of
the RPC. attempted felonies. - Consummated felonies
as well as those which are frustrated and
In the instant case, Puti would be criminally liable for attempted, are punishable.
less serious physical injuries because the act of mixing
the non-toxic solution with Pula’s food was done with A felony is consummated when all the
felonious intent and was the proximate cause of Pula’s elements necessary for its execution and
illness for 10 days. accomplishment are present; and it is
frustrated when the offender performs all the
Hence, Puti shall then be liable for the crime of less
acts of execution which would produce the
serious physical injuries.
felony as a consequence but which,
nevertheless, do not produce it by reason
of causes independent of the will of the
perpetrator.
IV. STAGES OF EXECUTION (Art. 6 There is an attempt when the offender
RPC) commences the commission of a felony
directly or over acts, and does not perform
A. Attempted, Frustrated,
all the acts of execution which should
Consummated Felony-Definition and
produce the felony by reason of some
Elements cause or accident other than his own
spontaneous desistance.
Theft - no frustrated. Once it is in the possession
of the accused.
 C. Material crimes
- If a crime admits of the stages of
consummated, frustrated or attempted,
ATTEMPTED FRUSTRATED or even consummated and attempted
only, these are Material crimes.
As to
whether all Offender has only
Offender has D. Read Articles 248, 249, 262-266, 266-A, 293-
acts of commenced by not
performed all 304, 308, 315, 320 of the RPC
execution performed all acts
acts of execution
have been of execution
Crimes do not have frustrated stage
performed
● Rape
The felony was not ● Theft (Valenzuela v Pp)
produced by The felony was ● Adultery and Concubinage
As to
reason of some not produced by ● Acts of Lasciviousness
reason for
cause or accident reason ● Physical Injury
not
other than the independent ● Impossible crimes
producing
offender's own with the will of
the felony
spontaneous the perpetrator. Development of a crime
desistance Internal Acts
The offender is The offender is - generally it happens in the mind of the
only in the already in the offender.
As to phase subjective phase. objective phase. - No man is punished for thoughts
He still has control No more control
over his actions over his acts External Acts
An overt or external act is defined as some
physical activity or deed, indicating the intention
ATTEMPTED FELONY
to commit a particular crime, more than a mere
planning or preparation, which if carried out to its
1. The offender commences the commission of
complete termination following its natural
a felony directly by overt acts;
course, without being frustrated by external
2. He was not able to perform all the acts of
obstacles nor by the spontaneous desistance of
execution;
the perpetrator, will logically and necessarily
3. He was not able to perform all the acts of
ripen into a concrete offense.
execution by reason of some cause or accident
other than his own spontaneous desistance.
Preparatory Acts - generally not punished unless
specifically made a crime independent from the
Causes - usually discovery by authorities
intended crime (e.g., possession of picklocks)
Accident - some unforeseen event like trigger
Acts of Execution - there are the acts that are
jammed
punished.
B. Formal crimes
Intent to Kill
- If the crimes do nor admit the stages, it is
a. The means used by the malefactors
considered Formal Crimes.
b. The nature, location and number of
- Are punished only in the consummated
wounds sustained by the victim
stage.
c. The conduct of the malefactors before, at
- Ex. Light, Less serious and serious
the time, or immediately after the killing
physical injuries, false testimony,
of the victim
defamation/slander, corruption of minors.
 d. The circumstances under which the in a position to insert
crime was committed and his penis to vagina
e. The motives of the accused
WITHOUT
WITH INTENT TO
INTENT TO
PENETRATE
PENETRATE
VICTIM IS ALIVE
Consumm Acts of
determine if "with intent Attempted
ated Lasciviousne
to kill" Rape
Rape ss
check the
Even if
circumstances which
the
show intent
slightiest
if there is
WITHOUT penetratio
WITH INTENT TO no
INTENT TO n
KILL touching if
KILL (full
the labia
penetratio
Frustrated Attempted
Physical n is not
Homicide Homicide
Injury required)
/ Murder / Murder

if the
wound is
serious
and if V. CONSPIRACY AND PROPOSAL TO
such COMMIT FELONY (Art. 8 RPC)
nature
if the
that it will
wound is
produce Article 8. Conspiracy and proposal to
superficial
death if commit felony. - Conspiracy and proposal to
inly
there was commit a felony are punishable only in the
no cases in which the law specially provides a
immediat penalty therefore.
e medical
interventi A conspiracy exists when two or more
on persons come to an agreement concerning
the commission of a felony and decide to
commit it.
VICTIM CRIES RAPE
There is a proposal when the person who
determine if "with intent
has decided to commit a felony proposes its
to penetratel"
execution to some other person or persons.
check position of
offender and victim
If lyingdown, if A. Conspiracy defined
underwear of the Conspiracy
accused and victim 1. Conspiracy can be a crime itself
have been taken off, 2. Conspiracy as a manner of incurring
whether the offender is liability
 EXCEPTION TO THE EXCEPTION: But in
1. EXPRESSED - They planned and acts constituting a “single indivisible
agreed. offense”, all will be liable for a crime
2. IMPLIED - their acts. With a committed by one co-conspirator. The
community of design.
defense of a particular conspirator would be
that he tried to prevent the commission of
Conspiracy to commit treason/rebellion/coup
d’etat - Against the state such other acts.

Conspiracy to commit kidnapping - NO IMPLIED CONSPIRACY: It must be established

conspiracy. The act of kidnapping is punishable. that he performed an overt act…

??? May plan pero habang ginagawa ung C. Conspiracy as a felony

crime, nakonsensiya ung isa, umalis. Liable
pa rin ba? TWO ASPECTS OF CONSPIRACY OR
PROPOSAL TO COMMIT FELONY:
REQUISITES OF CONSPIRACY 1. GENERAL RULE: As a manner of incurring
1. That two or more persons came to an criminal liability.
agreement; 2. EXCEPTION: As a separate punishable
offense.
2. That the agreement pertains to the
commission of a felony; and
D. Conspiracy as a manner of incurring criminal
3. That the execution of the felony be liability
decided upon
E. Proposal to commit a felony
B. General rule on conspiracy; exception
TWO WAYS FOR CONSPIRACY TO EXIST:
GR: Mere conspiracy and proposal to 1. There is a previous and express
commit a felony are not punishable. agreement;
Reason: conspiracy and proposal to commit 2. The participants acted in concert or
a crime are only preparatory acts. simultaneously which is indicative of a
meeting of the minds towards a common
criminal objective. There is an implied
XPN/s: They are punishable in cases in
agreement.
which the law specially provides a penalty
therefore. WHEEL CONSPIRACY

In a “hub-and-spoke conspiracy”, a central

• When conspiracy is only a basis for
mastermind, or “hub” controls numerous spokes
incurring criminal liability, there must be an
or secondary co-conspirators. These co-
overt act before the co-conspirators become
conspirators participate in independent
criminally liable. In which case, the rule is transactions with the individual or group of
that: “the act of one is the act of all” individuals at the “hub” that collectively further a
single, illegal enterprise.
XPN/s: If any of the co-conspirators would
CHAIN CONSPIRACY (Linear not wheel
commit a crime not agreed upon, the same
shaped)
is NOT the act of all. [Mere companionship
does not indicate conspiracy] Courts have long recognized that participants in
a continuous drug addiction enterprise can be
parties to a single conspiracy even if they do not menor or a fine not exceeding 200 pesos or
all know one another, so long as each knows both; is provided.
that his own role in the distribution of drugs and
benefits he derives from his participation depend Article 10. Offenses not subject to the
on the activities of the others. provisions of this Code. - Offenses which are
or in the future may be punishable under
special laws are not subject to the provisions
of this Code. This Code shall be
BAR EXAM QUESTION [2008] supplementary to such laws, unless the
Ricky was reviewing for the bar exam when the
latter should specially provide the contrary.
commander of a vigilante group came to him and
showed him a list of five policemen to be liquidated
by them for graft and corruption. He was further
asked if any of them is innocent. After going over The article 10 is composed of two clauses. The
the list, Ricky pointed to two of the policemen as first provides that offenses which in the future are
honest. Later, the vigilante group liquidated the made punishable under special laws are not
three other policemen in the list. The commander subject to the provisions of the RPC, while the
of the vigilante group reported the liquidation to second makes the RPC supplementary to such
Ricky. Is Ricky criminally liable? Explain. laws.

Suggested Answer:

No, there was no conspiracy between Ricky and

the Commander of the vigilante. Mere vouching for
the honesty of the two (2) policemen in the list
cannot make him a co-conspirator for the killing.
Ricky enjoys the presumption of innocence. JUSTIFYING
Article 7. When light felonies are CIRCUMSTANCES
punishable. - Light felonies are punishable
only when they have been consummated, Article 11. Justifying circumstances. - The
with the exception of those committed following do not incur any criminal liability:
against person or property.
1. Anyone who acts in defense of his person or
Article 9. Grave felonies, less grave rights, provided that the following circumstances
concur;
felonies and light felonies. - Grave felonies
are those to which the law attaches the First, Unlawful aggression.
capital punishment or penalties which in any
of their periods are afflictive, in accordance Second. Reasonable necessity of the means
with Art. 25 of this Code. employed to prevent or repel it.

Third, Lack of sufficient provocation on the part

Less grave felonies are those which the law
of the person defending himself.
punishes with penalties which in their
maximum period are correctional, in 2. Any one who acts in defense of the person or
accordance with the above-mentioned Art.. rights of his spouse, ascendants, descendants,
or legitimate, natural or adopted brothers or
Light felonies are those infractions of law for sisters, or his relatives by affinity in the same
the commission of which a penalty of arresto degrees and those consanguinity within the
fourth civil degree, provided that the first and
second requisites prescribed in the next
preceding circumstance are present, and the ● There is ADMISSION that he committed
further requisite, in case the provocation was the acts or omissions alleged in the
given by the person attacked, that the one information but avoids criminal
making defense had no part therein. responsibility by saying his act is justified.
● Inverted trial
3. Anyone who acts in defense of the person or ● As a rule, the prosecution has the burden
rights of a stranger, provided that the first and of proving the guilt of the accused, the
second requisites mentioned in the first rule is reversed where the accused
circumstance of this Article are present and that admits the commission of the crime and
the person defending be not induced by invokes self-defense.
revenge, resentment, or other evil motive. ● Prove elements of self-defense by
CLEAR and CONVINCING EVIDENCE
4. Any person who, in order to avoid an evil or
● Effect if he fails to prove self-defense?
injury, does an act which causes damage to
another, provided that the following requisites
are present; 1. SELF-DEFENSE
First. That the evil sought to be avoided actually RATIONALE:
exists; ● Stand your ground when you are right
● Man has a natural instinct to preserve
Second. That the injury feared be greater than
himself and save his person from
that done to avoid it;
impending danger or peril.
Third. That there be no other practical and less ● It is inconceivable for the state to just
harmful means of preventing it. expect the innocent to succumb to
unlawful aggression without resistance.
5. Any person who acts in the fulfillment of a
duty or in the lawful exercise of a right or office.
RETREAT TO THE WALL vs STAND
6. Any person who acts in obedience to an order GROUND WHEN YOU ARE RIGHT
issued by a superior for some lawful purpose.

RETREAT TO THE WALL STAND GROUND

Effect when the offender invokes any of the WHEN YOU ARE
justifying circumstances and the Court RIGHT
appreciates it? An ancient common law A rule which states that
rule in homicide which where the accused is
- IT’S AS IF THERE IS NO CRIME. made it the duty of a where he has the right
person assailed to retreat to be, the law does not
- NO CRIMINAL LIABILITY, NO CIVIL LIABILITY as far as he can before he require him to retreat
Is this rule absolute? No. is justified in meeting force when his assailant is
Par. 4 (avoidance of a greater evil/Injury) is with force advancing upon him
the exception! with a deadly weapon.
Not followed in the Followed in the
- The accused is said to have acted within the
Philippines Philippines
bounds of the law. The offender is said to not
have transgressed the law. Therefore, there is
no crime committed. THREE REQUISITES OF SELF DEFENSE

Note: 1. Unlawful aggression

 2. Reasonable necessity of the means
employed to prevent or repel it. The aggressor dispossessed of the weapon.
3. Lack of sufficient provocation on the
part of the person defending himself. When an unlawful aggression that has begun
NO LONGER EXISTS, the one who resorts to
self-defense has NO RIGHT TO KILL or even
A. UNLAWFUL AGGRESSION wound the former aggressor.

● MOST IMPORTANT REQUISITE! To be sure, when the present victim no longer

persisted in his purpose or action to the extent
If there is no unlawful aggression, there can be that the object of his attack was no longer in
no self-defense. peril, there was no more unlawful aggression
that would warrant legal self-defense on the part
Unlawful aggression must originate from the of the offender.
victim.
LOOK AT THE INTERVAL!
Accordingly, the accused must establish the
concurrence of three elements of unlawful The test for the presence of unlawful aggression
aggression, namely: is whether the aggression from the victim puts
(a) There must be a physical or material in real peril the life or personal safety of the
attack or assault; person defending himself; the peril must not
(b) The attack or assault must be actual, or be an imagined or imaginary threat.
at least imminent; and
(c) The attack or assault must be unlawful. BASED ON JURISPRUDENCE, THE
FOLLOWING ARE FORMS OF UNLAWFUL
TYPES OF AGGRESSION AGGRESSION:

1. Physical/Material unlawful aggression 1. Slapping of one’s face

- an attack with physical force or with a 2. The act of a person armed with a bladed
weapon, an offensive act that positively weapon pursuing another constitutes
determines the intent of the aggressor to unlawful aggression because it signifies
cause the injury. the pursuer’s intent to commit an assault
2. Imminent unlawful aggression - attack with his weapon.
that is impending or at the point of
happening; it must not consist in a mere How about mere drawing of the bolo/bladed
threatening attitude, nor must it be weapon? No except in the case of Nacnac
merely imaginary, but must be offensive wherein the aggressor is a police officer who
and positively strong ( like aiming a is trained to handle guns.
revolver at another with intent to shoot or
opening a knife and making a motion as 3. Forcibly entering one’s house and
if to attack) brandishing one’s gun and using a bolo
to attack the person.
In RETALIATION, the aggression that was
begun by the injured party already CEASED
when the accused attacked him, EXAMPLE:

In SELF-DEFENSE the aggression still Husband surprised wife and paramour (kabet) in
EXISTED when the aggressor was injured by the the act of sexual coitus. Husband started
accused. hacking them with a bolo. Wife was wounded.
Paramour wrestled the bolo away from Husband c. Victim sustained wounds in the back -
and hacked the husband several times. NONE
d. Victim’s gun was still tucked in his waist -
Can Kabet invoke self-defense? NONE.
e. Accuses was unharmed and had no
SC: injuries -
Art 247. f. Accused and the victim agreed to duel -
Even if the deceased had killed his wife and her NONE. They interchanged their roles.
codefendant, he would but have exercised a One can be the aggressor/victim.
lawful right, for the defendant, he well knew that g. Victim uttering mere threatening words -
by maintaining illicit relations with a married NONE. Imaginary threat
woman he was committing an unlawful act of a h. Accused refusal to give statement to the
criminal nature and was exposing himself to the police - NONE. You are trying to hide
vengeance of the offended husband, and when something.
the two defendants met in a dwelling room of a i. Accused’s flight from the scene of the
house near that in which the offended husband crime. - NONE. IF you acted in self-
lived, they well knew that they are running the defense, the first thing you do is to
danger of sometime being surprised as it so surrender.
occurred.

Is there an unlawful aggression? B. REASONABLE NECESSITY

Example:
1. Francis, a high school classmate of It is settled that reasonable necessity of the
Renato, approached and said to the latter means employed does not imply material
after their English class, “You go home commensurability between the means of attack
get your firearm, if you won’t go home and defense. What the law requires is rational
and get a gun, I will go to your place and equivalence, in the consideration of which will
kill you including your parents, brothers enter the principal factors such as the
and sisters” Francis, while uttering these emergency, the imminent danger to which the
words, was unarmed. Is this unlawful person attacked is exposed, and the instinct,
aggression - NO. Imaginary threat is not more than the reason, that moves or impels the
unlawful aggression. defense, and the proportionateness thereof does
not depend upon the harm done, but rests upon
2. When the initial aggressor loses his the imminent danger of such injury.
deadly weapon, or when it is wrestled
away from him or when the aggressor DOCTRINE OF RATIONAL EQUIVALENCE
flees, what happens? - NO
Perfect equality between the weapons used
3. Absence of physical injuries on accused by the one defending himself and the
when subjected to physical examination. aggressor is not required.
Yes, unless the accused claimed that he
was attacked first by the victim but in the The doctrine of rational equivalence
medico-legal, it shows otherwise. presupposes the consideration not only of the
nature and quality of the weapons used by the
a. Victim is 80 years old and frail and the defender and the assailant - but of the totality
accused is 33 years old. - NONE of circumstances surrounding the defense
b. Victims sustained 30 stab wounds and vis-a-vis, the unlawful aggression.
the accused had bruises only - NONE,
there is intent to kill
Look at: BATTERED WOMAN SYNDROME
1. Nature and the number of the weapons used
by the unlawful aggressor as against that of the BATTERED WOMAN: repeatedly subjected to
person defending himself. any forceful physical or psychological behavior
2. Personal circumstances of the unlawful by a man in order to coerce her to do something
aggressor versus that of the person defending he wants her to do w/o concern for her rights
himself. - A person may be justified in using a
gun, if the malefactors are greater in number, COMMON PERSONALITY TRAITS
stronger and bigger and armed with bolos. ● low self-esteem
3. The physical attributes of the person ● traditional beliefs about the home
defending himself; and - Aggressor is violent and ● the family and the female sex role
troublesome (People v Nacnac) ● emotional dependence upon the
4. The condition and availability of tools in the dominant male
immediate environment. ● tendency to accept responsibility for the
5. Place and location of the assault. batterer’s actions
● false hopes that the relationship will
improve
C. LACK OF SUFFICIENT PROVOCATION
EFFECTS OF BATTERY
Provocation: any improper or unjust act which is ● Believes that she is responsible for the
capable of inciting or exciting a person to commit violent behavior
an unlawful act. ● She feels unsafe, suffer from pervasive
anxiety, and usually fail to leave the
● Accused must be reasonably blameless relationship
● Not incited or antagonized the attacker ● Unless a shelter is unavailable, she stays
● Immediately precede the attack )if there with her husband, not only because she
is lapse of material time, provocation will typically lacks a means of self-support,
be disregarded) but also because she fears that if she
● Provocation must not be sufficient leaves, she would be found and hurt
Sufficient: Meaning proportionate to the even more
attack
If sufficient, given by some else other
than that accused. CYCLES OF VIOLENCE

What CONSTITUTE SUFFICIENT I. TENSION BUILDING

PROVOCATION? ● Minor battering
● could be verbal or slight physical abuse
Use of violence is not necessary or another form of hostile behavior
1. Engaging someone to a fight ● the woman usually tries to pacify the
2. Vile utterances and threats batterer through a show of kind, nurturing
behavior, or by simply staying out of his
RIGHTS INCLUDED IN SELF-DEFENSE way

● Right to defend oneself II. ACUTE BATTERING INCIDENT

● Right to defend honor ● characterized by brutality,
● Right to defend property destructiveness and, sometimes death
● battered woman deems the incident as
unpredictable, yet also inevitable
 ● she has no control, only the batterer may
put an end to the violence Suggested Answer:
Yes, Section 26 of Rep. Act No. 9262 provides that
III. TRANQUIL, LOVING PHASE victim-survivors who are found by the courts to be
● couple experience profound relief suffering from battered woman syndrome do not
● a batterer may show a tender and incur any criminal and civil liability notwithstanding
nurturing behavior towards his partner. the absence of any of the elements for justifying
He knows that he has been viciously circumstances of self-defense under the Revised
cruel and tries to make up for it, begging Penal Code.
for her forgiveness and promising never
to beat her again 2. DEFENSE OF RELATIVES
● battered woman convince herself that
battery will never happen again and that 2. Any one who acts in defense of the person or
her partner will change for the better rights of his spouse, ascendants, descendants,
or legitimate, natural or adopted brothers or
sisters, or his relatives by affinity in the same
Section 26 of RA 9262 - Battered Woman degrees and those consanguinity within the
Syndrome as a Defense. - fourth civil degree, provided that the first and
second requisites prescribed in the next
“Victim-survivors who are found by the preceding circumstance are present, and the
courts to be suffering from battered woman further requisite, in case the provocation was
syndrome do not incur any criminal and civil given by the person attacked, that the one
liability notwithstanding the absence of any of making defense had no part therein.
the elements for justifying circumstances of self-
defense under the Revised penal Code.”
Who are RELATIVES

BAR EXAM QUESTION [2008] ● Spouse

Jack and Jill have been married for seven years. ● Ascendants - RELATIVES BY BLOOD IN
One night, Jack came home drunk. Finding no food THE DIRECT ASCENDING LINE
on the table, Jack started hitting Jill only to apologize (PARENTS)
the following day. A week later, the same episode ● Descendants - RELATIVES BY BLOOD
occurred – Jack came home drunk and started IN THE DIRECT DESCENDING LINE
hitting Jill. (CHILD)
● Siblings - Legitimate, natural (illegitimate)
Fearing for her life, Jill left and stayed with her sister.
or adopted brothers or sisters
To woo Jill back, Jack sent her floral arrangements
● Relatives by CONSANGUINITY within
of spotted lilies and confectioneries. Two days later,
the fourth civil degree (AUNT, UNCLES
Jill returned home and decided to give Jack another
and FIRST COUSINS)
chance. After several days, however, Jack again
● Relatives by AFFINITY: PARENTS-IN-
came home drunk. The following day, he was found
LAW, SON OR DAUGHTER IN LAW,
dead.
BROTHER OR SISTER-IN-LAW
Jill was charged with parricide but raised the defense
of "battered woman syndrome." REQUISITES OF DEFENSE OF RELATIVES

Would the defense prosper despite the absence of 1. Unlawful aggression

any of the elements for justifying circumstances of 2. Reasonable necessity of the means
self-defense under the Revised Penal Code? employed to prevent or repel it.
Explain.
 3. In case the provocation was given by the 5. Any person who acts in the
person attacked, that the one making
fulfillment of a duty or in the lawful
defense had no part therein.
exercise of a right or office.
The one defending took no part in the
Requisites:
Provocation.
● that the offender acted in the
One who induces the relative to commit the performance of a duty or in the lawful
provocation will be considered to have taken exercise of a right; and
part in the provocation. ● that the injury or offense committed be
the necessary consequence of the
performance of such duty or the lawful
3. DEFENSE OF STRANGER exercise of such right or office

WHO IS A STRANGER? Those who are not

included in those mentioned in the preceding 6. Any person who acts in
number. (ex. common law wife, girlfriend,
boyfriend etc)
obedience to an order issued by
a superior for some lawful
REQUISITES: purpose.
a. Unlawful aggression
b. Reasonable necessity of the means
employed to prevent or repel it
c. The person defending be not induced by
revenge, resentment or other evil motive

4. AVOIDANCE OF GREATER
EVIL/STATE OF NECESSITY

REQUISITES
a. the evil sought to be avoided actually exists
(NOT MERELY IMAGINARY)
b. the injury feared be greater than that done to
avoid it
(THE GREATER EVIL WAS NOT CAUSED BY
NEGLIGENCE OR IMPRUDENCE)
c. There be no other practical and less harmful EXEMPTING
means of preventing it
CIRCUMSTANCES
Example: someone wants to do abortion,
Article 12. Circumstances which exempt from
threatening other - he will commit suicide. Doctor
criminal liability. - the following are exempt from
pinagbigyan ang abortion kasi may threat.
criminal liability:

1. An imbecile or an insane person, unless the

latter has acted during a lucid interval.
When the imbecile or an insane person has the law, so that such a person is deemed not
committed an act which the law defines as a felony to have transgressed the law and is free from
(delito), the court shall order his confinement in both criminal and civil liability. Here, the law
one of the hospitals or asylums established for recognizes the non-existence of a crime by
persons thus afflicted, which he shall not be
stating that the persons mentioned therein do
permitted to leave without first obtaining the
not incur any liability.
permission of the same court.

2. A person 15 years or under (RA 9344) On the other hand, exempting

circumstances are those grounds for
3. A person over 15 years of age but below 18, exemption from punishment because there is
unless he has acted with discernment, in which wanting in the agent of the crime any of the
case, such minor shall be proceeded against in
conditions which make the act voluntary or
accordance with the provisions of Art. 80 of this
negligent. The basis of exempting
Code.
circumstances is the complete absence of
When such minor is adjudged to be criminally intelligence, freedom of action, or intent, or
irresponsible, the court, in conformably with the on the absence of negligence on the part
provisions of this and the preceding paragraph, of the accused.
shall commit him to the care and custody of his
family who shall be charged with his surveillance In justifying circumstance, the circumstance
and education otherwise, he shall be committed to affects the act, not the actor.
the care of some institution or person mentioned in
said Art. 80.
In an exempting circumstance, it affects the
4. Any person who, while performing a lawful act actor, not the act.
with due care, causes an injury by mere accident
without fault or intention of causing it. In a justifying circumstance, the act is done
within legal bounds, hence there is no
5. Any person who acts under the compulsion of
crime committed.
irresistible force.

6. Any person who acts under the impulse of an In an exempting circumstance, the act is
uncontrollable fear of an equal or greater injury. felonious and hence a crime but the actor
acted without voluntariness
7. Any person who fails to perform an act required
by law, when prevented by some lawful
insuperable cause.

NOTE: grounds for exemption from punishment 1. INSANITY

because there is wanting in the agent of the
crime any of the conditions which make the act 1. An imbecile or an insane person,
voluntary or negligent.
unless the latter has acted during a
How do justifying circumstances differ lucid interval.
from exempting circumstances?
● When there’s a complete deprivation of
intelligence freedom of the will
Justifying circumstances are those which are
● An insane person is not so exempt if it
enumerated in Article 11 of the Revised Penal can be shown that he acted during a
Code. These are circumstances where the act lucid interval.
of the person is said to be in accordance with
 ● An Imbecile is exempt in all cases of While his wife was on a 2-year scholarship abroad,
criminal liability Romeo was having an affair with his maid
Dulcinea. Realizing that the affair was going
TWO TESTS OF INSANITY nowhere, Dulcinea told Romeo that she was going
1. TEST OF COGNITION: complete deprivation back to the province to marry her childhood
of intelligence in committing the crime sweetheart. Clouded by anger and
2. TEST OF VOLITION: total deprivation of jealousy,Romeo strangled Dulcinea to death while
freedom of will NOTE she was sleeping in the maid’s quarters.

The following day, Romeo was found catatonic

Imbecile - a person, while of advanced age, has
inside the maid’s quarters. He was brought to the
a mental development comparable to that of
National Center for Mental Health (NCMH) where
children between 2 and 7 years old.
he was diagnosed to be mentally unstable.
- Deprived completely of reason or
discernment and freedom of the will at
Charged with murder, Romeo pleaded insanity as
the time of committing the crime. a defense.

Insanity - a person is completely deprived of What is the effect of the diagnosis of the NCMH on
intelligence or reason or without the least the case?
discernment or with total deprivation of free will.
Suggested Answer:
BAR EXAM QUESTION [2008] The effect of the diagnosis made by NCMH is
possibly a suspension of the proceedings against
While his wife was on a 2-year scholarship abroad,
Romeo and his commitment to appropriate
Romeo was having an affair with his maid Dulcinea.
institutions for treatment until he could already
Realizing that the affair was going nowhere,
understand the proceedings.
Dulcinea told Romeo that she was going back to the
province to marry her childhood sweetheart. Clouded
by anger and jealousy, Romeo strangled Dulcinea to
death while she was sleeping in the maid’s quarters. 2 & 3 MINORITY

The following day, Romeo was found catatonic 2. A person 15 years or under (RA 9344)
inside the maid’s quarters. He was brought to the
National Center for Mental Health (NCMH) where he
3. A person over 15 years of age but
was diagnosed to be mentally unstable. Charged below 18, unless he has acted with
with murder, Romeo pleaded insanity as a defense. discernment, in which case, such minor
shall be proceeded against in accordance
Will Romeo’s defense prosper? Explain. with the provisions of Art. 80 of this
Code.
Suggested Answer:
No, Romeo‟s defense of insanity will not prosper When such minor is adjudged to be
because, even assuming that Romeo was “insane” criminally irresponsible, the court, in
when diagnosed after he committed the crime,
conformably with the provisions of this
insanity as a defense to the commission of crime
must have existed and proven to be so existing at and the preceding paragraph, shall
the precise moment when the crime was being commit him to the care and custody of
committed. The facts of the case indicate that his family who shall be charged with his
Romeo committed the crime with discernment. surveillance and education otherwise, he
shall be committed to the care of some
BAR EXAM QUESTION [2010] institution or person mentioned in said
Art. 80.
Discernment is that mental capacity of a minor to
fully appreciate the consequences of his unlawful
act. 16-17 w/ discernment subject to DIVERSION
PROGRAM
15 and below criminally irresponsible - fully - 6 years above
exempt DIVERSION measures *
conducted by the court
16 and 17 conditional responsibility
- 6 years below -
DIVERSION measures *
law enforcement officers
along with DSWD will
conduct mediation,
13-15 Serious Crime PD 603 (Neglected child)
family counseling and
Mandatory placed in a conciliation with child
special facility within the and family as
youth care facility or participants;
Bahay Pag-asa

- INTERVENTION
PROGRAM
4. ACCIDENT
4. Any person who, while performing a lawful act
with due care, causes an injury by mere accident
13-15 second time without fault or intention of causing it.
offender PD 603 (Neglected child)
The elements of accident are as follows:
previously subjected to a -undergo INTENSIVE
1) the accused was at the time performing a lawful
community-based INTERVENTION
act with due care;
intervention program PROGRAM supervised
2) the resulting injury was caused by mere
by LSWD, provided, but
accident; and
if the interest of the child
requires to be placed in 3) on the part of the accused, there was no fault or
a youth care facility or no intent to cause the injury.
Bahay Pag-asa

- guardian/parent -
written authorization
5. IRRESISTIBLE FORCE
5. Any person who acts under the compulsion of
UNDER 15 (minor - release to the custody irresistible force.
offense) of his parents/guardian
or in absence thereof, REQUISITES:
child's nearest relative
1.) That the compulsion is by means of physical
- subject to force
INTERVENTION
PROGRAM by DSWD or 2.) That the physical force must be irresistible
Bahay Pag-asa if in the 3.) That the physical force must come from a third
best interest of the child.
person
- written authorities

16-17 w/o discernment - SAME under 15

Irresistible force uses violence
or physical force 7. INSUPERABLE CAUSE
REQUISITES:
A. That an act is required by law to be done
B. That a person fails to perform such act

6. UNCONTROLLABLE FEAR C. That his failure to perform such act was due to
REQUISITES: some lawful or insuperable cause
1.) That the threat which causes the fear is of an
evil greater than, or at least equal to, that which he EXAMPLE:
Police officers deliver certain individuals to proper
is required to commit
authorities.
2.) That it promised an evil of such gravity and
imminence that the ordinary man would have
succumbed* to it
● fail to resist pressure, temptation, or some
ABSOLUTORY CAUSES
other negative force. NOTE: Those where the act of a person is
technically a crime, but because of public policy,
there is no penalty imposed.
Uncontrollable fear employs
ARTICLE 6.
intimidation or threat • The spontaneous desistance of an offender in
the attempted stage of a felony. The law rewards
DURESS as a valid defense should be based on those who heed the call of their conscience by
real, imminent or reasonable fear for one’s life or their non prosecution
limb and should not be speculative, fanciful, or
remote fear Hence, duress is unavailing where the ARTICLE 20
accused had every opportunity to run away if he • Accessories exempt from criminal liability:
had wanted to, or to resist any possible aggression Spouses, ascendants, descendants, natural and
because he was also armed adopted brothers, and sister or relatives by
affinity within the same degree.
DISTINGUISH FROM IRRESISTIBLE FORCE • They are not prosecuted owing to the fact that
• In irresistible force (par 5), the offender uses the law recognizes that these persons acted
because of the impulse of blood and for
violence or physical force to compel another
humanitarian considerations
person to commit a crime
ARTICLE 124
• In uncontrollable fear (par 6), the offender
• No criminal liability for Arbitrary Detention if the
employs intimidation or threat in compelling detention is because of: a. The commission of a
another to commit a crime crime b. Violent insanity or illness requiring
hospitalization

ARTICLE 247 (IF MARRIED) - Death or

physical injuries inflicted under exceptional
circumstances. - Any legally married person
who has 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.
 (b) Widowed spouse with respect to the
- If the accused in the act of killing the property of the deceased spouse;
wife/husband and paramour, bystanders (c) Brothers and sisters and brothers-in-law
were killed. and sisters-in-law, if living together
- reckless imprudence (culpa) not
homicide/murder

BAR EXAM QUESTION [2008]

Macky, a security guard, arrived home late one Thus, in instigation, officers of the law or
night after rendering overtime. He was shocked to their agents incite, induce, instigate or lure an
see Joy, his wife, and Ken, his best friend, in the accused into committing an offense which he or
act of having sexual intercourse. Macky pulled out she would otherwise not commit and has no
his service gun and shot and killed Ken. intention of committing.

The court found that Ken died under exceptional In instigation, where law enforcers act as
circumstances and exonerated Macky of murder co-principals, the accused will have to be
but sentenced him to destierro, conformably with acquitted. But entrapment cannot bar
Article 247 of the Revised Penal Code. The court prosecution and conviction. As has been said,
also ordered Macky to pay indemnity to the heirs of instigation is a "trap for the unwary innocent,”
the victim in the amount of P50,000.
In entrapment, the criminal intent or
Did the court correctly order Macky to pay design to commit the offense charged originates
indemnity even though he was exonerated of in the mind of the accused, and law enforcement
murder? Explain your answer. officials merely facilitate the apprehension of the
criminal by employing ruses and schemes; thus,
Suggested Answer: the accused cannot justify his or her conduct.
Entrapment is a "trap for the unwary criminal.”
No, the court did not act correctly in ordering the
Decoy Solicitation - the police will have
accused to indemnify the victim. Since the killing of
someone who will pretend to buy drugs.
ken was committed under the exceptional
- decoy solicitation is a valid form of
circumstances in Article 247, revised Penal Code,
entrapment based on jurisprudence
it is the consensus that no crime was committed in
the light of the pronouncement in People v Cosicor - Absolutory cause
(79 Phil. 672 [1947]) that banishment (destierro) is
intended more for the protection of the offender
rather than as a penalty. Since the civil liability
under the Revised Penal Code is the consequence
of criminal liability, there would be no legal basis
for the award of indemnity when there is no
criminal liability.

PASSION & Obfuscation (if not married)

Article 332: Persons exempt from criminal

liability for the crimes of Theft, Estafa and
Malicious Mischief:
(a) Spouses, ascendants, descendants,
relatives by affinity within the same
degree;
 offender without however depriving him of the
consciousness of his acts.

10. And, finally, any other circumstances of a

MITIGATING similar nature and analogous to those above
mentioned.
CIRCUMSTANCES
Article 13. Mitigating circumstances. - The
following are mitigating circumstances; ORDINARY MITIGATING
- Subject to offsetting by generic
1. Those mentioned in the preceding chapter, aggravating circumstances.
when all the requisites necessary to justify or - If not offset by an aggravating
to exempt from criminal liability in the circumstance it will operate to have the
respective cases are not attendant. penalty imposed in its minimum period,
provided that the penalty is a divisible
2. That the offender is under eighteen year of
age or over seventy years. In the case of the one.
minor, he shall be proceeded against in - Covered by subsection 1-10 of Article 13.
accordance with the provisions of Art. 80.
PRIVILEGED MITIGATING
3. That the offender had no intention to commit - Not subject to offsetting. The presence of
so grave a wrong as that committed. a generic aggravating circumstance does
not affect the lowering of the degree.
4. That sufficient provocation or threat on the
- It operates to reduce the penalty by one
part of the offended party immediately
to two degrees depending upon what the
preceded the act.
law provides.
5. That the act was committed in the immediate - Covered by Article 68, 69, and 64.
vindication of a grave offense to the one
committing the felony (delito), his spouse,
ascendants, or relatives by affinity within the
same degrees.

6. That of having acted upon an impulse so

powerful as naturally to have produced passion
or obfuscation.

7. That the offender had voluntarily

surrendered himself to a person in authority or
his agents, or that he had voluntarily confessed
his guilt before the court prior to the
presentation of the evidence for the
prosecution;

8. That the offender is deaf and dumb, blind or

otherwise suffering some physical defect
which thus restricts his means of action,
defense, or communications with his fellow
beings.

9. Such illness of the offender as would

diminish the exercise of the will-power of the
 1. INCOMPLETE JUSTIFYING - The intention is derived from the weapon
used, mode of attack and injury
OR EXEMPTING sustained by the victim.
CIRCUMSTANCES
● Applies when all the requisites - Not applicable to felonies by negligence
necessary to justify the act are not
attendant - Not applicable to felonies where intention
is immaterial (crimes mala prohibitum)
● But in the case of “incomplete self-
defense, defense of relatives, and
- Not appreciated in murder qualified by
defense of stranger, unlawful treachery
aggression must be present, it being
an indispensable requisite 4. SUFFICIENT PROVOCATION
OR THREAT
2. Under 18 or Over 70 years PROVOCATION: understood as any unjust or
old improper conduct or act of the offended party,
● It is the age of the accused at the time of capable of exciting, inciting, or irritating any one.
the commission of the crime which
should be determined. His age at the REQUISITES
time of trial is immaterial. 1. Provocation must be sufficient
● 15yrs old and below- EXEMPTING 2. It must originate from the offended party
3. The provocation must be personal and
● Above 15 but under 18yrs old- exempting
unless acted w/ discernment. but even directed at the accused
with discernment, penalty is reduced by 4. The provocation must be immediate to
one (1) degree lower than that imposed
the commission of the crime by the
● Minor delinquent under 18yrs of age- person who is provoked
sentence suspended
[The threat should not be offensive and
● 18yrs or over- full criminal responsibility positively strong. Otherwise, the threat to inflict
real injury is an unlawful aggression, which may
● 70 years or over- mitigating give rise to selfdefense] ( Bago nangyari ang
crime, na provoke/ threaten muna ng biktima
3. NO INTENTION TO COMMIT ung akusado)
SO GRAVE A WRONG
(praeter intentionem) 5. VINDICATION OF A
REQUISITES: GRAVE OFFENSE
a. Offender did not intend to commit so grave a
wrong
Requisites:
b. Disproportion of the means employed to 1. There be a grave offense done to the one
execute the crime and the consequences committing a felony, his spouse,
produced ascendants, descendants, legitimate,
natural or adopted brothers or sisters, or
NOTE: relatives by affinity within the same
degrees
 2. The felony is committed in vindication* of daw dapat malayo para maging
such grave offense kalmado ule)
3. The act causing such obfuscation
Vindication - the action of clearing someone of was committed by the victim
blame or suspicion. himself

[Immediate vindication means proximate. Hence, a REASON: When there are causes
lapse of time is allowed between the vindication naturally producing in a person powerful
and the doing of the grave offense] excitement, he loses his reason and self-
control, thereby diminishing the exercise of
his will power

EXCEPTIONS:( MEANING NOT

MITIGATING)

1. The act is committed in a spirit or

lawlessness
2. The act is committed in a spirit of
revenge

[Passion or obfuscation should arise from

lawful sentiments in order to be mitigating.
May lawfully arise from causes existing
only in the honest belief of the offender]

GENERIC MITIGATING - If not offset by an

aggravating circumstance, it will operate to have
6. PASSION & OBFUSCATION the penalty of

ELEMENTS 7. VOLUNTARY SURRENDER

1. The accused acted upon an impulse
2. The impulse must be so powerful that it
AND CONFESSION OF GUILT
naturally produced passion or Voluntary surrender to a person in authority or
obfuscation in him his agents.

Voluntary confession of guilt before the court,

REQUISITES OF MITIGATING prior to the presentation of evidence for the
CIRCUMSTANCE OF PASSION OR prosecution
OBFUSCATION
REQUISITES OF VOLUNTARY SURRENDER
1. That there be an act, both unlawful (ASV)
and sufficient to produce such a a. Offender had not been actually arrested
condition of mind
2. The said act which produced the b. Offender surrendered himself to a person in
obfuscation was not far removed authority or to the latter’s agent
from the commission of the crime
by a considerable length of time, c. The surrender was voluntary
during which the perpetrator might
recover his normal equanimity. (di WHEN SURRENDER VOLUNTARY?
 ● Must be spontaneous, showing the intent
of the accused to submit himself
10. ANALOGOUS
unconditionally to the authorities, either CIRCUMSTANCES
because: • Authorizes the court to consider in favor of
- He acknowledges his guilt
the accused “any other circumstance of a
- He wishes to save them the
similar nature and analogous to those
trouble and expense necessarily
incurred in his search & capture mentioned” in paragraphs 1 to 9 of Article
- repentance 13.

REQUISITES OF VOLUNTARY PLEA OF

ORDINARY- those mentioned in sub
GUILTY
sections 1-10 of Art 10, RPC 2.
a. Offender spontaneously confessed his guilt

b. Confession was made in open court, that is, PRIVILEGES-

before the competent court that is to try the case Art 68 (person under 18);

c. Confession of guilt was made prior to the Art 69 (when the crime is not wholly
presentation of evidence for the prosecution excusable

8. DEAF, DUMB, BLIND Art 64 (if the penalty contains three periods
when there are two or more mitigating
AND OTHER PHYSICAL circumstances and no aggravating)
DEFECTS
- Voluntary release of the person illegally
PHYSICAL DEFECT: referred to in this
detained within 3 days w/o the offender
paragraph is such as being armless, cripple,
attaining his purpose and before the
or a stutterer, whereby his means to act, to
institution of criminal action; the penalty is
defend himself, or to communicate with his
one degree lower
fellow human beings, is limited. However, it
is essential that the physical defect has
- Abandonment w/o justification of the
some relation to the crime committed by
spouse who committed adultery, the penalty
him.
is one degree lower

9. ILLNESS WHICH
DISTINCTION
DIMINISH WILL POWER 1. Ordinary mitigating is susceptible of
REQUISITES: being offset by any aggravating
a. That the illness of the offender diminished circumstances; while privileged mitigating
the exercise of his will power cannot be offset by aggravating
circumstance
b. That such illness should not deprive the
offender of consciousness of his acts 2. Ordinary mitigating, if not offset by an
aggravating circumstance, produces only the
effect of applying the penalty provided by
law for the crime in its minimum period in
case of divisible penalty; whereas, 7. That the crime be committed on the occasion
privileged mitigating produces the effect of of a conflagration, shipwreck, earthquake,
epidemic or other calamity or misfortune.
imposing upon the offender the penalty
lower by one or two degrees than that 8. That the crime be committed with the aid of
provided by law for the crime armed men or persons who insure or afford
impunity.

9. That the accused is a recidivist.

A recidivist is 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 this Code.

10. That the offender has been previously

AGGRAVATING punished by an offense to which the law
attaches an equal or greater penalty or for two
CIRCUMSTANCES or more crimes to which it attaches a lighter
penalty.
Article 14. Aggravating circumstances. - The
following are aggravating circumstances: 11. That the crime be committed in
consideration of a price, reward, or promise.
1. That advantage be taken by the offender of
his public position. 12. That the crime be committed by means of
inundation, fire, poison, explosion, stranding of
2. That the crime be committed in contempt or a vessel or international damage thereto,
with insult to the public authorities. derailment of a locomotive, or by the use of any
other artifice involving great waste and ruin.
3. That the act be committed with insult or in
disregard of the respect due the offended party 13. That the act be committed with evidence
on account of his rank, age, or sex, or that is be premeditation.
committed in the dwelling of the offended
party, if the latter has not given provocation. 14. That craft, fraud or disguise be employed.

4. That the act be committed with abuse of 15. That advantage be taken of superior
confidence or obvious ungratefulness. strength, or means be employed to weaken the
defense.
5. That the crime be committed in the palace of
the Chief Executive or in his presence, or 16. That the act be committed with treachery
where public authorities are engaged in the (alevosia).
discharge of their duties, or in a place
dedicated to religious worship. There is treachery when the offender commits
any of the crimes against the person,
6. That the crime be committed in the night employing means, methods, or forms in the
time, or in an uninhabited place, or by a band, execution thereof which tend directly and
whenever such circumstances may facilitate specially to insure its execution, without risk to
the commission of the offense. himself arising from the defense which the
offended party might make.
Whenever more than three armed malefactors
shall have acted together in the commission of 17. That means be employed or circumstances
an offense, it shall be deemed to have been brought about which add ignominy to the
committed by a band. natural effects of the act.
18. That the crime be committed after an incarcerated him. His wife, Jessa, visited
unlawful entry. There is an unlawful entry when him. After visiting Tong, the wife was already
an entrance is effected by a way not intended about to leave the moment the wife was
for the purpose. outside, suddenly here comes police officer
Bong. PO Boing dragged the wife in a
19. That as a means to the commission of a
secluded place and had carnal knowledge of
crime a wall, roof, floor, door, or window be
her by using force and violence. In the
broken.
commission of the crime did PO Bong take
20. That the crime be committed with the aid of advantage of his public position?
persons under fifteen years of age or by means
of motor vehicles, airships, or other similar Answer: Taking advantage of public
means. positions is not an aggravating circumstance.
The said police officer did not use, misuse or
21. That the Wrong done in the commission of abuse his public position in the commission
the crime be deliberately augmented by of the crime, but has nothing to do with the
causing other wrong not necessary for its crime because the said woman is not in his
commission. custody. The woman merely visited her
husband and was already out. The saud PO
could haver raped the said wife even without
Effects: Are those which serve to impose the
being a police officer.
penalty on the maximum period if not
CANCELED OUT by a mitigating circumstances
or CHANGE the nature of the felony. 2. CONTEMPT OF OR INSULT TO
- Must be alleged in the information AUTHORITIES

REQUISITES:
DISCUSSIONS: ● Public authority is engaged in the exercise of
his functions
1. TAKING ADVANTAGE OF ● Public authority is no the person against
whom the crime is committed
PUBLIC POSITION ● The offender knows the offended party to be
a public authority
● Accused, who is a public official, must use ● Presence of the public authority has not
his influence, ascendancy, prestige which his prevented the offender from doing a criminal
office gives him in realizing his purpose act
● This circumstances is absent if it is showed
that the accused could have perpetrated the Note:
crime even without occupying his position Offender knows that the public authority BUT
despite such fact, it does not prevent him from
Ex: Police officer uses his service firearm to committing the crime
shoot the victim. If the officer did not take
advantage of his position when he shot the Teachers, mere agents of persons in authority
victim,. This cannot be appreciated. like barangay councilman and tanods are not
The position is co-accidental. considered public authority for purposes of this
provision.
Example: The police officers Bong and Vic
arrested Tong for being a suspect for a Rationale: A penal statute should not be given
robbery. They brought him inside the car and broader scope than is called for in ordinary words
brought him to the police station, they
used by the statute, to the disadvantage of the 5. Accused who was unable to take revenge on
accused. the killers of his relative because of
imprisonment, selected a female relative of
PUBLIC AUTHORITY: a public officer who is directly the killers as his victim. - SEX
vested w/ jurisdiction, that is, a public officer who
has the power to govern and execute the laws. NOT AGGRAVATING IN:

3. DISREGARD OF RANK, a. When the offender acted with passion and

obfuscation.
AGE, SEX OF OFFENDED
PARTY; OR COMMISSION IN b. When there exists a relationship between the
offended party and the offender.
THE DWELLING OF THE
OFFENDED PARTY c. When the condition of being a woman is
indispensable in the commission of the crime.
[If all the 4 circumstances enumerated in this Thus, in (1) parricide, (2) abduction, (3) seduction
paragraph are present, they have the weight of only and (4) rape in Art. 266-A par.1, sex is not
one aggravating circumstance] aggravating

THAT THE ACT BE COMMITTED W/ INSULT OR • Is disregard of sex absorbed in treachery? The
IN DISREGARD OF THE RESPECT DUE THE aggravating circumstance of disregard of sex and
OFFENDED PARTY ON ACCOUNT OF THE: age are NOT absorbed in treachery because
treachery refers to the manner of the commission of
the crime, while disregard for sex and age pertains
a. rank of the offended party. There must be a
to the relationship to the victim (P v. Lapaz; March
difference in the social condition of the offender and
31, 1989)
the offended party.

THAT THE CRIME BE COMMITTED IN THE

Rank is the designation or title of distinction
DWELLING OF THE OFFENDED PARTY
used to fix the relative position of the offended party
REASON:
in reference to others.

a. The abuse of confidence which the offended party

b. age of the offended party. Applies to cases reposed in the offender by opening the door to him;
where the victim is of tender age as well as of old or
age. b. The violation of the sanctity of the home by
May either refer to old age or young age. trespassing therein with violence or against the will
of the owner
c. sex of the offended party. This refers to the
female sex, not to the male sex. [This DWELLING
circumstance is applicable only in crime against
RATIONALE:
persons or honor]
The home has been considered as a sort of
sanctuary worthy of respect. To commit the act in
Examples:
the dwelling of the offended party when he has not
1. Accused killed judge - RANK
provoked the incident, shows greater perversity on
2. Accused attacked his employer - RANK
the part of the accused.
3. Accused killed an 80 year old man who was
weak and feeble and stabbed the victim 25
MEANING:
times. - AGE
4. Accused slayed a 70 year old woman - AGE
 Refers to any building or structure, ● BUT in adultery, it is still aggravating even if
exclusively used for rest and comfort. The it was also the dwelling of the unfaithful wife,
dependencies attached, the staircase, and the because of a very grave offense against the
enclosures therein. For dwelling to be considered, head of the house. BUT the rule is again
OWNERSHIP is IMMATERIAL. It suffices that the different if both the unfaithful wife and the
offended party uses the said dwelling for his rest paramour were living, and had the right to
and comfort. He may be a mere tenant, lessee, bed live, in the same house of the offended
spacer, for as long as he uses the said place for his spouse.
rest and comfort, that is considered as his dwelling.
b. In robbery by use of force upon things and
REQUISITES: trespass to dwelling because dwelling is inherent.
1. Crime was committed in the dwelling of the
victim.
BAR EXAM QUESTION [2008]
Wenceslao and Loretta were staying in the same
Example: Chuchay was dragged by Cholo,
boarding house, occupying different rooms. One late
accused, 1 kilometer away from her house.
evening, when everyone in the house was asleep,
Behind the bushes, he raped her.
Wenceslao entered Loretta’s room with the use of a
picklock. Then, with force and violence, Wenceslao
Ruling. The aggravating circumstance is
ravished Loretta. After he had satisfied his lust,
present even if the crime was committed in Wenceslao stabbed Loretta to death and, before
another place far from dwelling, the leaving the room, took her jewelry. Discuss the
aggression started in the dwelling of the applicability of the relevant aggravating circumstances
offended party, of dwelling, nocturnity and the use of the picklock to
enter the room of the victim.
2. Victim did not give provocation
Dwelling is aggravating because the crimes were
Example: Cy and Gino have a fight. Gino committed in the property of Loretta‟s room which in
chased Cy in his house and killed him. Is law is considered as her dwelling. It is well settled that
dwelling appreciated? NO. Because it was “dwelling” includes a room in a boarding house being
Cy, the victim, the owner of the house, occupied by the offended party where she enjoys
started the provocation. privacy, peace of mind and sanctity of an abode.

3. Dwelling is NOT an essential element of the Nocturnity or nighttime is also aggravating because
crime. although it was not purposely or especially sought for
by Wenceslao, night time was obviously taken
For this circumstance to be considered, it is NOT advantage of by him in committing the other crimes.
necessary that the accused should have actually Under the objective test, nocturnity is aggravating
when taken advantage of by the offender during the
entered the dwelling of the victim to commit the
commission of the crime thus facilitating the same.
offense. It is enough that the victim was attacked
inside his own house, although the assailant may
The use of a picklock to enter the room of the victim is
have devised means to perpetrate the assault from
not an aggravating circumstance under Art. 14 of the
without.
Code but punished as a crime by itself where the
offender has no lawful cause for possessing it. The use
NOT AGGRAVATING: of picklocks is equivalent to force upon things in
a. When both offender and offended party are robbery with force upon things.
occupants/living in the same house, even if the
offended party is a servant in the house.
 Executive or in his
4. ABUSE OF CONFIDENCE
presence, or where
OR OBVIOUS
UNGRATEFULNESS public authorities are
engaged in the
REQUISITES OF ABUSE OF CONFIDENCE
a. That the offended party had trusted the offender discharge of their
duties, or in a place
b. That the offender abused such trust by
committing a crime against the offended party dedicated to religious
c. The abuse of confidence facilitated the
commission of the crime
worship.
These are all places that need to be respected but
Example: Houseboy who, being trusted by his
the offender committed the crime in these places.
employer, committed robbery with homicide against
He disrespected the said places. Therefore, it
the latter’s family.
reveals his greater criminality in the commission of
the crime. Hence, it will result in the increase of the
REQUISITE OF OBVIOUS UNGRATEFULNESS
imposable penalty.
a. The offended party had trusted the offender
b. The offender abused such trust by committing a 4 separate and distinct aggravating
crime against the offended party circumstances
c. The act be committed with obvious ungratefulness
1. IN THE PALACE OF THE CHIEF
[The confidence between the offender and the EXECUTIVE
offended party must be immediate and personal]
Regardless of a political or social function or any
Example: A man who was allowed to live with the affair inside the Malacanang, if the crime is
family of the victim and treated like a family member, committed there, it will be an aggravating
had the gall to drug her and rape her several times, circumstance. NO requirement that there be an
causing her pregnancy. official function.

2. IN THE PRESENCE OF THE CHIEF

EXECUTIVE

Even if the Chief Executive is doing an act in his

private capacity, it will always be an aggravating
circumstance for the lack of respect to the Chief
Executive.

3. WHERE THE PUBLIC AUTHORITIES ARE

ENGAGED IN THE DISCHARGE OF THEIR
DUTIES.
5. That the crime be Iit will not suffice that it is a public office. It is also an
committed in the additional requirement that at the commission of
the crime, these public authorities are
palace of the Chief
performing public functions to show disrespect of
lawful authority.
circumstances may facilitate
the commission of the
4. IN A PLACE DEDICATED TO RELIGIOUS
WORSHIP offense.
It is immaterial whether there is a religious
NIGHT TIME
ceremony or a religious function going on. It
suffices that the place is one dedicated for religious The offender deliberately sought the cover of
worship. DOES NOT COVER PRIVATE CHAPELS. darkness either to facilitate the commission of
the crime, that is to ensure the commission of
the crime or to ensure or afford impunity or
because of the darkness of the night, no one
will be able to recognize him. IF NOCTURNITY
WAS MERELY INCIDENTAL, not aggravating.

NIGHT TIME is the period between sunrise and

sunset in which there is not enough daylight to
discern a person’s face.

However, the moment there is any light that

could illuminate the place of the scene of the
crime, even if the offender deliberately sought
the cover of the darkness, it will not be
considered as an aggravating circumstance.
(Example, christmas light, bulbs, street
lights, moonlight)

Night time will not be considered if the criminal act

began during day time and lasted until night time.

UNINHABITED PLACE
There are no houses at all, or the place of killing
is at considerable distance from town or
whether the houses are scattered at a great
distance from each other.

REQUISITES
1. In the place where the crime is
6. That the crime be committed, there is little or remote
committed in the night time, possibility for the victim to receive some
help.
or in an uninhabited place, or 2. The offender deliberately sought and
by a band, whenever such took advantage of the uninhabited place
 in order to ensure the commission of the shipwreck, earthquake,
crime.
epidemic or other calamity
BAND or misfortune.
When more than three (at least four) armed If the crime is committed on the occasion of
malefactors should have acted (all) together in these calamities, it will already be an
the commission of the crime. aggravating circumstance and note, if the crime
committed in that of a killing of a person, it is a
There must be 4 principals by direct qualifying aggravating circumstance. Because
participation. par (7) of Article 14 is included under Art 248 as
a qualifying aggravating circumstances for
At least 4 malefactors must be armed. murder.

7. That the crime be 8. That the crime be

committed on the occasion committed with the aid of
of a conflagration,
 1. Offender is on trial for an offense
armed men or persons who
2. He was previously convicted by final
insure or afford impunity. judgment of another crime
3. Both the first and second offenses are
1. The armed men took part in the
commission of a crime in a MINOR embraced in the same title of the Code
capacity, directly or indirectly as mere 4. Offender is convicted of the new offense
accomplices (NOT NECESSARY TO BE A FINAL
2. Must not appear that the offender and JUDGMENT)
the armed men acted under the same
plan and for the same purpose,
otherwise there will be a conspiracy. Example:
First conviction: THEFT
3. The armed men do not constitute
After 25 years
CUADRILLA or BAND.
Second Conviction: ROBBERY

REQUISITES:
1. The armed persons took part in the REITERACION OR
commission of the crime directly or
indirectly
HABITUALITY
2. Accused availed himself of their aid or
REQUISITES:
relief upon them when the crime was
a. Accused is on trial for an offense
committed. b. 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.
c. That he is convicted of the new offense.

● If there are only two crimes committed,

what the law requires is that the first crime
to which the accused has served sentence
must carry a penalty equal to or greater
than that of the new crime.
● But, if there are three crimes committed,
what the law requires is that the first two
crimes of which he has served sentence
must carry lighter penalties than that of
the new crime.

9. RECIDIVIST
REQUISITES:
 EVIDENT PREMEDITATION
REQUISITES:
a. Proof of the time when the offender
determined to commit the crime
b. An act manifestly indicating that the culprit
has clung (hold-on) to his determination
c. A sufficient lapse of time between the
determination and execution, to allow him to
reflect upon the consequences of his act and
to allow his conscience to overcome the
resolution of his will

CRAFT, FRAUD, OR
DISGUISE

TREACHERY
The essence of treachery is the sudden and
unexpected attack, without the slightest provocation
on the part of the person attacked.

Can there be treachery when the attack is frontal?

Yes. Not limited to attacks from behind.

REQUISITES:
a. That at the time of the attack, the victim was not
in a position to defend himself;

b. That the offender consciously adopted the

particular means, method or form of the attack
Recidivism
employed by him.
Paragraph 9 of article 14 of the Revised Penal
Code defines recidivism by stating that it is
RULES:
committed by a person who, at the time of his
a. Applicable only to crimes against persons
trial for one crime, shall have been previously
b. Means, methods, or forms need not insure
convicted by final judgment of another crime
accomplishment of crime.
embraced in the same title of the Code.
c. The mode of attack must be consciously adopted.
d. Must be present at the proper time.
Habitual Delinquent
e. Treachery absorbs abuse of superior strength, aid
If within a period of ten years from the date of
of armed men, by a band and means to weaken the
his release or last conviction of the crimes of
defense.
robbery, theft, estafa, or falsification, he is found
guilty of any of said crimes a third time or
EXAMPLE:
oftener.
Victim is 3 year old vs 23 y/o accused - child The intoxication of the offender shall be taken into
cannot be expected to adopt means to defend consideration as a mitigating circumstances
himself when the offender has committed a felony in a
state of intoxication, if the same is not habitual or
Victim is asleep - how can you expect some to subsequent to the plan to commit said felony but
defend himself while sleeping when the intoxication is habitual or intentional, it
shall be considered as an aggravating
Victim is attacked behind - it depends - what if circumstance.
there is already a prior fight, nagkataon na
-
naghahabulan sila. Treachery cannot be invoked.
The victim knew that he could be attacked at any
moment. 1. RELATIONSHIP
Victim is in his vehicle driving - may rider in • Shall be taken into consideration when the
tandem - sudden and surprise attacks rendered you offended party is the spouse, ascendant,
defenseless. descendant, legitimate, natural, or adopted brother
or sister, or relative by affinity in the same degrees
of the offender.

• Uncle and niece not included

SCOFFING OF THE • Step daughter and step sister may be included by

CORPSE analogy.
- Chop chop the parts of the victim’s body
a. RELATIONSHIP IS AGGRAVATING
• in crimes against persons where the offended party
is a relative of higher degree
• When it results in death.
• In serious physical injuries
• when Higher degree
ALTERNATIVE
b. RELATIONSHIP IS MITIGATING
CIRCUMSTANCES • When offended party is of lower degree,
• crimes against chastity
● crimes against property by provision of Art.
Article 15. Their concept. - Alternative 332
circumstances are those which must be taken into - Crimes of robbery, usurpation or
consideration as aggravating or mitigating fraudulent insolvency
according to the nature and effects of the crime
and the other conditions attending its commission. c. RELATIONSHIP IS EXEMPTING in theft,
They are the relationship, intoxication and the swindling, malicious mischief
degree of instruction and education of the offender.

The alternative circumstance of relationship shall RULE:

be taken into consideration when the offended Mitigating
party is the spouse, ascendant, descendant, ● Crimes against property
legitimate, natural, or adopted brother or sister, or
relative by affinity in the same degrees of the
2. INTOXICATION
offender.
Of the offender shall be taken into consideration as Intoxication may be appreciated either as mitigating or
a mitigating circumstances when the offender has as an aggravating circumstance under the following
committed a felony in a state of intoxication, if the rules, to wit:
same is not habitual or subsequent to the plan to
commit said felony but when the intoxication is A. Mitigating
habitual or intentional, it shall be considered as an
aggravating circumstance 1. If intoxication is not habitual, or
2. If intoxication is not subsequent to the
AGGRAVATING: If habitual (known for excessively plan to commit a felony
consuming alcoholic drinks, not need to be a daily
B. Aggravating
occurrence) and intentional (accused took of the
liquor to suppress remorse or to strengthen his loob,
1. If intoxication is habitual; or
leche bobo na ko sa English)
2. If it is intentional (subsequent to the plan to
commit a felony)
Intoxication must be proven- his mental faculties
must be diminished, reduced control and intelligence In this case at the bar, the stabbing incident arose out
in committing the crime of a heated argument with B.

MITIGATING: If not habitual and not subsequent to Hence, the intoxication of A is mitigating since it was
the plan to commit said felony (not taking the alcohol merely incidental and not intentional to the commission
to reinforce his resolve to commit the crime) but of the crime. Also, it is not habitual since he only drinks
partaking of the alcohol blurred his reason liquor upon an invitation from friends.

3. DEGREE OF INSTRUCTION
AND EDUCATION OF THE
OFFENDER-EDUCATION
• Mere illiteracy is not itself mitigating, especially if
accused is gifted with natural intelligence
• Lawyer who falsified documents - education can be
considered
• Physician charged with murder by use of poison -
education can be considered
• Education cannot be considered in homicide or
murder
• Lack of instruction cannot be considered also in
rape as well as treason, robbery and theft

BAR EXAM QUESTION [2002]

A was invited to a drinking spree by friends. After
having too many drinks, A and B had a heated
argument, during which A stabbed B. As a result, B
suffered serious physical injuries. May the intoxication
of A be considered aggravating or mitigating?

Suggested Answer:
 PRINCIPAL
Article 17. Principals. - The following are
considered principals:

PRINCIPAL PENALTIES 1. Those who take a direct part in the execution of

1. Capital punishment: the act;
● Death
2. Those who directly force or induce others to
2. Afflictive Penalties commit it;
● Reclusion Perpetua - 20 yrs= 1 day to 40 yrs
3. Those who cooperate in the commission of the
● Reclusion Temporal - 12 yrs = 1 day to 20
offense by another act without which it would not
yrs
have been accomplished.
● Prision Mayor - 6 yrs = 1 day to 12 yrs

3. Correctional Penalties THREE CLASSIFICATION OF PRINCIPALS

● Prision Correctional - 6mos +1 day to 6 yrs 1. PRINCIPAL BY DIRECT PARTICIPATION
● Arresto Mayor - 1 mo +1 day to 6mos - Those who take a direct part in the
● Suspension - 6mos +1 day to 6 yrs execution of the act.
● Destierro - 6mos +1 day to 6 yrs - (Only 1 offender) The one who inflicts
the fatal blow, the one who shoots,
4. Light Penalties the one who punches
● Arresto menor - 1 day to 30 days - If two or more offenders (Conspiracy)
● Public Censure they share the same criminal design
- Personally and physically took part in
the execution of the acts
Title Two
PERSONS CRIMINALLY LIABLE FOR - Must be present in the crime scene
FELONIES
2. PRINCIPAL BY INDUCEMENT OR
Article 16. Who are criminally liable. - The INDUCTION
following are criminally liable for grave and - Those who directly force or induce
less grave felonies: others to commit it
- Both Principal and person induced
1. Principals. (knew the criminal design) incur criminal liability (principal by
2. Accomplices. (at the middle, he knew the
direct participation)
criminal design) - Inducement must be made directly
with the intention of procuring the
3. Accessories. (least liable at the end of the commission of the crime
commission of the crime) - That such inducement be the
determining cause of the commission
The following are criminally liable for light of the crime by the material executor.
felonies:
Using words of command:
1. Principals
1. One uttering the words of command must
2. Accomplices. have the intention of procuring the
commission of the crime.
 2. The one who made the command must have ● A and B are fighting. They were both armed
ascendancy or influence over the person with bolos. A’s father arrived and shouted,
acted. sige patayin mo!. Eventually A killed B. Is A’s
3. The words the accused used must be so father a principal by inducement. NO. There
direct, so efficacious, so powerful as to is already a fight. Even without the
amount to physical or moral coercion. inducement, A can kill B.
4. Words of command must be uttered prior to
the commission of the crime. 3. PRINCIPAL BY INDISPENSABLE
5. Material executor has no personal reason to COOPERATION
commit the crime. - Those who cooperate in the
commission of the offense by another
act without which, it would not have
BAR EXAM QUESTION [2002] been accomplished
A asked B to kill C because a grave injustice was done
- Must be present in the crime scene
to A by C. A promised B a reward. B was willing to kill
C, not so much because of the reward promised to him
WHO ARE PRESENT AT THE CS
but because he also had his own-long standing grudge
- Principal by indispensable cooperation
against C, who had wronged him in the past. If C is
- Principal by Direct participation
killed by B, would A be liable as a principal by
inducement?
Example: Offender Dodong held the victim while the
Suggested Answer: latter was being assaulted by another offender, After
No. A would not be criminally liable as a principal by Dodong held the arms of the victim, he was stabbed
inducement because under the Revised Penal Code, by Pepe.
such inducement must be the determining cause of the
commissioning of the crime by the material executor. There is no showing of a previous agreement
between the offenders to kill the victim. But the
In this case, the reward A promised to B, which offenders acted in concert at the time of the
constitutes as the inducement, is not the sole commission of the offense. Doodng’s act, however,
determining reason which made the latter kill the rendered the victim incapable of defending himself
victim. B committed the crime because of a long against his assailant. Thus, such an act amounts to
standing grudge against C who had wronged him in indispensable cooperation.
the past.

PRINCIPAL by DIRECTLY FORCING ANOTHER BAR EXAM QUESTION [2009]

TO COMMIT CRIME - RENE SIAO CASE Ponciano borrowed Ruben’s gun, saying that he would
use it to kill Freddie. Because Ruben also resented
Forcing is done by: Freddie, he readily lent his gun, but told Ponciano: “O,
1. Use of irresistible force; pagkabaril mo kay Freddie, isoli mo kaagad ha”. Later,
Ponciano killed Freddie, but used a knife because he
2. Causing uncontrollable fear
did not want Freddie’s neighbors to hear the gunshot.

What, if any, is the liability of Ruben? Explain.

Example:
● Neighbor made a remark “ ang asawang Would your answer be the same if, instead of!
tulad nyan dapat pinapatay” - NO. careless Freddie, it was Manuel, a relative of
remarks, thoughtless statements cannot be Ruben, who was killed by Ponciano using
taken as inducement. - The neighbor has no Ruben’s gun? Explain
ascendancy or influence over the other
Suggested Answer:
neighbor.
Ruben’s liability is that of an accomplice. 1. That there exists a community of design
(KNOWLEDGE of the criminal design of the
As provided under Article 18 of the RPC, accomplices principal)
are those persons who, not being included in Article - the accomplices had knowledge,
17, cooperate in the execution of the offense by merely know the criminal design,
previous or simultaneous acts. - even before the accomplices knew
the criminal design but the principal
Ruben cannot be a principal because there is no plan already decided on the commission
or agreement to kill Freddie. There was also no of the crime.
inducement in the facts given. Moreover, his act is not
- Accomplices are not part of the
indispensable in that the crime would still be
decision making.
accomplished even without using the gun. However,
he concurs with Ponciano’s intention to kill Freddie and
2. That the offender performs acts previous or
cooperates by giving moral support that escalates the
simultaneous to the commission of the crime
former’s determination to kill the latter, thus making
him an accomplice of the crime. by supplying material or moral aid in the
execution of the crime in an efficacious way.
No, the answer would not be the same. - Accomplices do not inflict the fatal
blow.
When Ruben lent his gun to Ponciano, what he
consented to was the intention of killing Freddie. In the 3. That there is a direct relation between the
absence of criminal intent to kill Manuel, thus, Ruben acts done by the principal and those actually
cannot be held liable for the crime. committed by the accomplice.
Example:
It has been ruled that when the owner of the gun knew PREVIOUS ACT
that it would be used to kill a particular person but the 1. Offender, who not having conspired with
offender used to kill another person, the owner of the other offenders, was persuaded to act as a
gun is not an accomplice as to the killing of the other driver in fetching the group from the venue of
person. While there was a community of design to kill the robbery.
Freddie between Ponciano and Ruben, there was 2. Offender, who not having conspired to kill the
none with respect to the killing of Manuel. victim, lends a weapon to the killer.

SIMULTANEOUS ACT
ACCOMPLICES 1. Offender who did not have any
understanding with the principal, saw the
Article 18. Accomplices. - Accomplices are those principal and the victim engaged in a brawl.
persons who, not being included in Article 17, Principal called the offender and the latter
cooperate in the execution of the offense by cooperated in the execution by simultaneous
previous or simultaneous acts. act by taking away the victim's tucked
firearm.
1. Offender MUST NOT BE PRINCIPALS
under Art 17 of the RPC PROVIDING MORAL AID OR MATERIAL AID
2. Must not be in conspiracy with the principals 1. Accused Dodong and Pepe were just seen
3. Quasi collective responsibility standing around the premises, while the
4. Accomplice concurs in the will of the author principals were carrying out their original
of the crime by previous or simultaneous purpose.
acts.
***Liability of an accomplice can still be determined
REQUISITES even in the absence of the supposed principals. As
long as the commission of the crime is duly
established, the determination of the liability of the 2. By concealing or destroying the body of the
accomplice or accessory can proceed independently crime, or the effects or instruments thereof, in
of that of the principal. *** order to prevent its discovery. (Body, the knife
used, pieces of evidence that a crime has been
committed)
BAR EXAM QUESTION [2009]
Distinguish between an accomplice and a conspirator. 3. By harboring, concealing, or assisting in the
escape of the principals of the crime, provided
Suggested Answer: the accessory acts with abuse of his public
The distinction between an accomplice and a functions or whenever the author of the crime is
conspirator are: guilty of treason, parricide, murder, or an attempt
1. An accomplice incurs criminal liability by merely to take the life of the Chief Executive, or is known
cooperating in the execution of the crime without to be habitually guilty of some other crime.
participating as a principal, by prior or simultaneous
acts; whereas a conspirator participates in the Accessories
commission of a crime as a coprincipal. - Are those having knowledge of the
commission of the crime therefore what he
2. An accomplice incurs criminal liability in an knows is that a crime has been committed he
individual capacity by his act alone of cooperating in doesn’t know anything prior to the
the execution of the crime; while a conspirator incurs commission of the crime. He has nothing to
criminal liability not only for his individual acts in the do ith the criminal design. However, he
execution of the crime but also for the acts of the other knows a crime has been committed. And
participants in the commission of the crime collectively. despite the fact he knows, he takes part
The acts of the other participants in the execution of subsequent, therefore his participation is
the crime are considered also as acts of a conspirator after the commission of the crime.
for purposes of collective criminal responsibility. - The offender MUST NOT participate as
principal or accomplice.
3. An accomplice participates in the execution of a
crime when the criminal design or plan is already in REQUISITES:
place; whereas a conspirator participates in the
- Knowledge of the commission of the crime
adoption or making of the criminal design.
- Subsequent participation in it by any of the
three enumerated ways.
4. An accomplice is subjected to a penalty one degree
lower than that of a principal; whereas a conspirator
incurs the penalty of a principal. 1. By profiting themselves or
assisting the offender to profit
ACCESSORIES by the effects of the crime.

Example: Offender received a property from

Article 19. Accessories. - Accessories are those another and PROFITED FROM it knowing
who, having knowledge of the commission of the the thing to be stolen.
crime, and without having participated therein,
either as principals or accomplices, take part
PD 1612
subsequent to its commission in any of the
following manners: ANTI FENCING LAW
Applies only to robbery and theft
1. By profiting themselves or assisting the offender
to profit by the effects of the crime.
FENCING - the act of any person who, with intent
to gain for himself or for another, shall buy, receive
possess, keep, acquire, conceal, sell or dispose of,
or shall buy and sell, or in any other manner deal in
any article, item, object or anything of value which
he knows, or should be known to him, to have been ANTI-FENCING LAW ACCESSORY
derived from the proceeds of the crime of robbery or (PROFITING)
theft.
Special Penal Law Revised Penal Code

FENCE - includes any person, firm, association, No reduction of penalty Reduction of penalty - 2
because there's a specific degrees lower than that
corporation or partnership or other organization
penalty provided under SPL imposed in the principal in
who/which commits the act of fencing.
consummated stages

Enacted to impose higher penalties on persons who Good faith is not a proper Good faith is proper
defense defense
profit by the effects of the crimes of robbery and
theft. Evidently, the accessory in the crimes of There should be Not limited to
robbery and theft could be prosecuted under the Robbery/Theft committed Robbery/theft - any crime
RPC or under PD 1612. However, the accused Offender knows/ should Not necessarily that the
ceases to become an accessory but a principal in have known that the item in offender knows that the
fencing. his possession is the subject item is subject to the
of the crime of robbery/theft crime.
- Kung accessory lang under RPC for fencing,
you can prosecute them as principal under
Fencing.
BAR EXAM QUESTION [2009]
A was bitten by a dog owned by a neighbor. The
following day, angered by the incident, A took the dog
REQUISITES:
without the knowledge of the owner, had it butchered
1. A robbery or theft has been committed
and cooked the meat. He then invited his friends to
2. Accused, who took no part in the robbery or
partake of the dish with his friends who knew fully well
theft, “buys, receives, possesses, keeps,
that the dog was taken without the knowledge of the
acquires, conceals, sells or disposes, or owner. What are the friends of A liable for?
buys and sells, or in any manner deeds in
any article or object taken “during the A. Theft
robbery or theft”. B. Malicious Mischief
3. The accused knows or should have known C. Accessories
that the thing derived from that crime D. Obstruction of Justice
4. He intends by the deal he makes to gain for
himself or for another. Liable as an accessory because they profited.

Norma Dizon-Pamintuan v People

BAR EXAM QUESTION [2013]
- Engineer was robbed. Roberto bought a Toyota Fortuner from Iñigo for
- Stolen items were displayed in the stall P500,000. While driving his newly-bought car, Roberto
- Norma knew the items were stolen. met a minor accident that made the examination of his
vehicle's Registration Certificate necessary. When the
policeman checked the plate, chassis and motor
SC ruled that Norma is liable for fencing.
numbers of the vehicle against those reflected in the
Accused did not take part in the robbery. The
Registration Certificate, he found the chassis and
public display of the articles for sale clearly
motor numbers to be different from what the
manifested an intent to gain on the part of the
Registration Certificate stated. The Deed of Sale
petitioner. Lastly, the accused did not rebut the covering the sale of the Fortuner, signed by Iñigo, also
presumption that she knew that the items were bore the same chassis and motor numbers as
stolen. Roberto's Registration Certificate. The chassis and
motor numbers on the Fortuner were found, upon presumption of authorship of the theft upon a person
verification with the Land Transportation Office, to found in possession of the stolen personal property
correspond to a vehicle previously reported as finds no application in the instant case. There is, thus,
carnapped. no probable cause or evidence to warrant the
prosecution of Riberto for any wrongdoing.
Roberto claimed that he was in good faith; Iñigo sold
him a carnapped vehicle and he did not know that he
was buying a carnapped vehicle.

If you were the prosecutor, would you or would you not

charge Roberto with a crime?
BAR EXAM QUESTION [2010]
Arlene is engaged in the buy and sell of used
Suggested Answer: garments, more popularly known as"ukay-ukay."
I will charge Roberto with violation of Anti-Fencing Among the items found by the police in a raid of her
Law. The elements of “fencing” are: 1) a robbery or store in Baguio City were brand-new Louie Feraud
theft has been committed; 2) the accused, who took no blazers. Arlene was charged with "fencing."
part in the robbery or theft, “buys, receives, possesses,
keeps, acquires, conceals, sells or disposes, or buys Will the charge prosper? Why or why not?
and sells, or in any manner deals in any article or
object taken” during that robbery or theft; 3) the Suggested Answer:
accused knows or should have known of that the thing No, the charge of “fencing” will not prosper.
was derived from that crime; and 4) by the deal he
makes he intends to gain for himself or for another. “Fencing” is committed when a person, with intent to
Here, someone carnapped the vehicle, sold it to gain for himself or for another, deals in any manner
Roberto who did not take part in the crime. Roberto with an article of value which he knows or should be
should have known also that the car was stolen known to have been derived from the proceeds of theft
because it was not properly documented as the deed or robbery (Sec. 2, PD 1612). Thus, for a charge of
of sale and registration certificate did not reflect the fencing to prosper, it must first be established that a
correct numbers of the vehicle‟s engine and chassis. theft or robbery of the article subject of the alleged
Apparently, he made no effort to check the papers “fencing” has been committed – a fact which is wanting
covering his purchase. Lastly, Roberto‟s defense of in this case.
good faith is flawed because Presidential Decree 1612
is a special law and, therefore, its violation in regarded It should be noted that the suspect is engaged in the
as malum prohibitum, requiring no proof of criminal buy and sell of used garments, which are in the nature
intent (Dimat v. People, GR No. 181184, January 25, of movable property carries with it a prima facie
2012). presumption of ownership. The presumption of
“fencing” arises only when the article or item involved
Alternative Answer: is the subject of a robbery or thievery (Sec. 5, PD
The facts given show that Roberto “bought” the car 1612).
form Inigo; that a “deed of sale” covering the subject
vehicle was executed by Inigo; that there is also a copy 2. By concealing or destroying
of the “Registration Certificate”; that Roberto aver, too, the body of the crime, or the
of being a buyer in good faith and lacking of any
knowledge that the subject car is a carnapped vehicle.
effects or instruments
thereof, in order to prevent
As against the foregoing, there is only a certificate from its discovery.
the Land Transportation Office showing that the
vehicle had been previously reported as carnapped.
● It is either the intention of the
offender in concealing or destroying
Consequently, in light of the satisfactory explanation of
the body or the instruments used, or
Roberto of his possession of the vehicle, the
 the effects thereof is to prevent the ● The law covers the following acts of any
discovery of the crime. person who knowingly or willfully obstructs,
● If he has any other purpose other impedes, frustrates or delays the
than that of preventing the discovery, apprehension of suspects and the
he cannot be held liable as an investigation and prosecution of criminal
accessory. cases by the ff acts:

Example: Accused helped on throwing the a. Preventing witnesses from testifying

dead body of the victim. Case of Devaras. in any criminal proceeding or from
reporting the commission of any
offense or the identity of any
3. By harboring, concealing, or offender/s by means of bribery,
assisting in the escape of the misrepresentation, deceit,
intimidation, force or threats.
principals of the crime, b. Altering, destroying, suppressing or
provided the accessory acts concealing any paper, record,
with abuse of his public document, or object with intent to
impair its verity, authenticity, legibility,
functions OR whenever the availability, or admissibility as
author of the crime is guilty evidence in any investigation of or
of treason, parricide, murder, official proceedings in criminal cases,
or to be used in the investigation of,
or an attempt to take the life or official proceedings in, criminal
of the Chief Executive, or is cases.
known to be habitually guilty c. Harboring or concealing, or
facilitating the escape of, any person
of some other crime. he knows, or has reasonable ground
to believe or suspect, has committed
1. Public Official - Harboring, concealing or
any offense under existing penal laws
assisting in the escape of the principals of
in order to prevent his arrest,
the crime
prosecution and conviction.
- no specific crime as long as there is
d. Publicly using a fictitious name for the
an abuse of Public position/function.
purpose of concealing a crime,
evading prosecution or the execution
2. Private Individual - guilty of Treason,
of a judgment, or concealing his true
Parricide, Murder, or an Attempt to take the
name and other personal
life of the Chief Executive, or is known to be
circumstances for the same
Habitually guilty of some other crime.
purpose/s.
(TPMAH)
e. Delaying the prosecution of criminal
cases by obstructing the service of
If it did not fall under conditions of process or court orders or distributing
Article 19, what is the remedy? proceedings in the fiscals’ offices, in
Tanodbayan, or in the courts.

OBSTRUCTION OF JUSTICE
BAR EXAM QUESTION [1981]
(PD 1829) Is it necessary that the principal of a crime be
convicted first before one may be found guilty and
punished as an accessory? Explain your answer.
 suspicion that the crime has been committed is not
No. It is not necessary that the principal of a crime be sufficient.
convicted first before one may be found guilty and
punished as an accessory. Moreover, the facts as given in the problem would
show lack or absence of intent to conceal the effects of
Article 19 of the RPC does not require the conviction of the crime as Abelardo is described as being “unsure of
the principal in order to convict the accessory. As long what to do under the circumstances.”
as the crime has been committed, even if the principal
has not been arrested and convicted, the accessory Even if he can be considered as an accessory under
may be held liable. paragraph 2 of Article 19, RPC, Abelardo is not liable,
being the brother of Modesto under Article 20, RPC.
However, this principle is not applicable to the
accessory under paragraph 3 of Article 19 where the
principal was not tried nor was final judgment rendered
against him because par. 3 requires that the crime be
ACCESSORIES BUT
proven as well as the identity of the author thereof. In EXEMPTED FROM CRIMINAL
which case, whether the principal is brought to court or
is at large, the prosecution still has to prove the LIABILITY
commission of the crime charged, with the same
quantum of evidence, and the participation in it of all Article 20. Accessories who are exempt from criminal
the persons indicated in the information. liability. - The penalties prescribed for accessories
shall not be imposed upon those who are such with
respect to their spouses, ascendants, descendants,
BAR EXAM QUESTION [2013] legitimate, natural, and adopted brothers and sisters,
or relatives by affinity within the same degrees, with
Modesto and Abelardo are brothers. Sometime in
the single exception of accessories falling within the
August, 1998 while Abelardo was in his office,
provisions of paragraph 1 of the next preceding article.
Modesto, together with two other men in police
uniform, came with two heavy bags. Modesto asked
● If the accessory who assisted in the escape
Abelardo to keep the two bags in his vault until he
of the principal, OR conceals or destroys the
came back to get them. When Abelardo later examined
body happens to be a spouse, legitimate,
the two bags, he saw bundles of money that, in his
natural or adopted brothers and sisters or
rough count, could not be less than P5 Million. He kept
the money inside the vault and soon he heard the relatives in the same degree he is exempted
news that a gang that included Modesto had been from criminal liability.
engaged in bank robberies. Abelardo, unsure of what
to do under the circumstances, kept quiet about the However, if the act performed by the said
two bags in his vault. Soon after, the police captured, accessory relative is the 1st act; by profiting
and secured a confession from, Modesto who admitted himself or assisting the said relative even if
that their loot had been deposited with Abelardo. he is a relative the exemption would not
apply.
What is Abelardo's liability?
So, this exemption for relatives would
Suggested Answer: only apply if the act done would be that of
Abelardo is not criminally liable. the 2nd as well as the 3rd act but not the
1st act.
To be criminally liable as an accessory under Article 19
of the Code, such person must have knowledge of the
commission of the crime. The term “knowledge “ under BAR EXAM QUESTION [2004]
the law is not synonymous with suspicion. Mere DCB, the daughter of MCB, stole the earrings of XYZ,
a stranger. MCB pawned the earrings with TBI
Pawnshop as a pledge for a P500 loan. During the Article 21. Penalties that may be imposed. - No
trial, MCB raised the defense that being the mother of felony shall be punishable by any penalty not
DCB, she cannot be held liable as an accessory. prescribed by law prior to its commission.

Will MCB’s defense prosper? Reason briefly. Article 22. Retroactive effect of penal laws. - Penal
Laws shall have a retroactive effect insofar as they
Suggested Answer: favor the persons guilty of a felony, who is not a
No. MCB’s defense will not prosper. habitual criminal, as this term is defined in Rule 5
of Article 62 of this Code, although at the time of
Those who profited themselves or assisted the the publication of such laws a final sentence has
offender to profit by the effects of the crime are not been pronounced and the convict is serving the
exempted from criminal liability pursuant to Article 20 same.
of the RPC notwithstanding the existence of
Article 23. Effect of pardon by the offended party. -
relationship with the offender. MCB, the mother of the
A pardon of the offended party does not extinguish
accused, profited from the effects of the crime by
criminal action except as provided in Article 344 of
pawning the earrings with the pawnshop as a pledge.
this Code; but civil liability with regard to the
interest of the injured party is extinguished by his
Hence, she is criminally liable.
express waiver.

***Conviction of an accessory is possible Article 24. Measures of prevention or safety which

notwithstanding the acquittal of the principal are nor considered penalties. - The following shall
because of exempting circumstances. not be considered as penalties:

1. The arrest and temporary detention of accused

COMPLEX CRIMES persons, as well as their detention by reason of
insanity or imbecility, or illness requiring their
COMPOUND CRIME: a single act constitutes two confinement in a hospital.
or more grave or less grave felonies.
2. The commitment of a minor to any of the
institutions mentioned in Article 80 and for the
COMPLEX CRIME PROPER - when the offense is
purposes specified therein.
committed as a necessary means to commit the
other. 3. Suspension from the employment of public office
In BOTH CASES, the penalty for the more serious during the trial or in order to institute proceedings.
crime in its maximum period shall be imposed.
4. Fines and other corrective measures which, in
Special complex crime the exercise of their administrative disciplinary
Rape with homicide powers, superior officials may impose upon their
Attempted robbery with homicide subordinates.
Law considered the principal intent of the crime.
5. Deprivation of rights and the reparations which
the civil laws may establish in penal form.
1 Bullet target Glen (Attempted Homicide),
tinamaan si Mai (Frustrated Murder) Chapter Two
CLASSIFICATION OF PENALTIES

Article 25. Penalties which may be imposed. - The

X. PENALTIES penalties which may be imposed according to this
A. Penalties in General Code, and their different classes, are those
included in the following:
(Art. 21-25 RPC)
Scale
Principal Penalties 2. Probation Law (P.D. 968 as amended by R.A.
10707)
Capital punishment: 3. R.A. No. 9346 - Non-Imposition of the Death
Penalty
Death.
4. R.A. 10630 Strengthening the Juvenile Justice
Afflictive penalties: System
5. R.A. 11362 Community Service Act
Reclusion perpetua, 6. R.A. 10592 Amending Articles 29, 94, 98 and 99
Reclusion temporal, of the RPC
Perpetual or temporary absolute disqualification, 7. R.A. 10951 The Revised Penal Code Indexation
Perpetual or temporary special disqualification, of Penalties Act
Prision mayor.

Correctional penalties:
Tonyo hacked Isko in the nape. Jojo split open the
Prision correccional, stomach
Arresto mayor,
Suspension,
Destierro.

Light penalties:

Arresto menor,
Public censure.

Penalties common to the three preceding classes:

Fine, and
Bond to keep the peace.

Accessory Penalties

Perpetual or temporary absolute disqualification,

Perpetual or temporary special disqualification,
Suspension from public office, the right to vote and
be voted for, the profession or calling.
Civil interdiction,
Indemnification,
Forfeiture or confiscation of instruments and
proceeds of the offense,
Payment of costs.

B. Classification of Penalties (Art. 25-26 RPC)

C. Duration and Effect of Penalties (Art. 27-45 RPC)
1. Preventive Imprisonment
2. Subsidiary imprisonment
3. Pecuniary liabilities of an offender
D. Application of Penalties (Art. 46-88 RPC)
1. Indeterminate Sentence Law (Act No. 4103 as
amended by Act No. 4225)