read and adequately explained to him by his

HUMAN RIGHTS EDUCATION counsel or by the assisting counsel provided by the

investigating officer in the language or dialect
Due process is comprised of two components: known to such arrested or detained person,
1. Substantive due process – which requires the otherwise, such investigation report shall be null
intrinsic validity of the law in interfering with the and void and of no effect whatsoever.
rights of the person to his life, liberty, or property;
and B. Any extrajudicial confession made by a person
2. Procedural due process – which consists of the arrested, detained or under custodial investigation
two basic rights of notice and hearing, as well as shall be in writing and signed by such person in the
the guarantee of being heard by an impartial and presence of his counsel or in the latter's absence,
competent tribunal (Cruz, Constitutional Law, 1993 upon a valid waiver, and in the presence of any of
Ed., pp. 102-106 cited in Secretary of Justice v. the parents, elder brothers and sisters, his spouse,
Lantion, En Banc, 2000) the municipal mayor, the municipal judge, district
school supervisor, or priest or minister of the
Substantive law – Creates, defines, and regulates gospel as chosen by him; otherwise, such
rights and duties concerning life, liberty, or property extrajudicial confession shall be inadmissible as
the violation of which gives rise to a cause of evidence in any proceeding.
action. (Book 1 & 2)
Remedial law – Lays down methods by which the E. Any waiver by a person arrested or detained
rights and obligations arising from substantive law under the provisions of Article 125 of the Revised
are protected, enforced, and given effect. (Rules on Penal Code, or under custodial investigation, shall
Criminal Procedures, Evidence) be in writing and signed by such person in the
presence of his counsel; otherwise such waiver
Equal Protection of Laws shall be null and void and of no effect.
Concept: No person shall be denied the equal
protection of the laws. (Section 1, Article III, 1987 F. Any person arrested or detained or under
Constitution) custodial investigation shall be allowed visits by or
Equal protection simply refers to the equality in the conferences with any member of his immediate
enjoyment of similar family, or any medical doctor of priest or religious
rights and privileges granted by law. Under the minister chosen by him or by any member of his
Constitution, it means that immediate family or by his counsel, or by any
“no person or class of persons shall be deprived of national non-government organization duly
the same protection of accredited by the Commission on Human Rights or
laws which is enjoyed by other persons or other by any international non-governmental organization
classes in the same place duly accredited by the Office of the President. The
and in like circumstances.” person's "immediate family" shall include his or her
Note, however, that the equal protection clause spouse, fiance or fiancee, parent or child, brother
applies only to persons or or sister, grandparent or grandchild, uncle or aunt,
things identically situated and does not bar a nephew or niece, and guardian or ward.
reasonable classification of the As used in this Act, "custodial investigation" shall
subjects of legislation. While it is true that equal include the practice of issuing an "invitation" to a
protection guarantees a person who is investigated in connection with an
uniform or equal treatment to all, it, however, offense he is suspected to have committed, without
admits of classifications. prejudice to the liability of the "inviting" officer for
any violation of law.
Rights of the person under custodial investigation
(RA 7438) Miranda rights. The guarantees of Sec. 12 (1),
SEC. 2. Rights of Persons Arrested, Detained, or Art. III of the 1987 Constitution, or the so-called
under Custodial Investigation; Duties of Public Miranda rights, may be invoked only by a person
Officers. - while he is under custodial investigation. (People v.
Any person arrested, detained or under custodial Amestuzo, G.R. No. 104383, 12 July 2001)
investigation shall at all times be assisted by Miranda rights – Right to remain silent, right to
counsel. competent and independent counsel. Any public
officer or employee, or anyone acting under his
A. The custodial investigation report shall be order or his place, who arrests, detains or
reduced to writing by the investigating officer, investigates any person for the commission of an
provided that before such report is signed, or offense shall inform the latter, in a language known
thumb-marked if the person arrested or detained to and understood by him, of his rights to remain
does not know how to read and write, it shall be silent and to have competent and independent
counsel, preferably of his own choice, who shall at privacy in life, liberty or security is violated or
all times be allowed to confer privately with the threatened by an unlawful act or omission of a
person arrested, detained or under custodial public official or employee, or of a private
investigation. If such person cannot afford the individual or entity engaged in the gathering,
services of his own counsel, he must be provided collecting or storing of data or information
with a competent and independent counsel by the regarding the person, family, home and
investigating officer. (Section 12[1], Article III, 1987 correspondence of the aggrieved party.
Constitution cf. Section 2[b], R.A. 7438)  Writ of Amparo - a remedy available to any
person whose right to life, liberty and security
is violated or threatened with violation by an
Right against torture, violence, threat, etc. unlawful act or omission of a public official or
No torture, violence, threat, etc. No torture, force, employee, or of a private individual or entity.
violence, threat, intimidation, or any other means
which vitiate the free will shall be used against him. The writ shall cover extralegal killings and
Any confession or admission obtained in violation enforced disappearances or threats thereof.
hereof shall be inadmissible in evidence against
him. (Section 12[2], Article III, Ibid. cf. Section “Habeas corpus” is a Latin phrase which literally
12[3], Article III, 1987 Constitution) means “you have the body”. Basically, it is a writ
Right against secret detention places, solitary, directed to the person detaining another,
incommunicado, etc. commanding him to produce the body of the
No secret detention places, etc. Secret detention prisoner at a designated time and place, with the
places, solitary, incommunicado, or other similar day and cause of his capture and detention, to do,
forms of detention are prohibited. (Ibid.) submit to, and receive whatsoever the court or
judge awarding the writ shall consider in that
Section 2, Bill of Rights behalf.
The right to privacy is a fundamental right
enshrined by implication in our Constitution. It has What is the scope of the writ of habeas corpus?
many dimensions. One of its dimensions is its
protection through the prohibition of unreasonable The writ of habeas corpus generally extends to all
searches and seizures in Article III, Section 2 of the cases of illegal confinement or detention by which
Constitution: a person is deprived of liberty, or the rightful
The right of the people to be secure in their custody of a person is withheld from the person
persons, houses, papers, and effects against entitled thereto.
unreasonable searches and seizures of whatever
nature and for any purpose shall be inviolable, and Article 3. Definitions. Acts and omissions
no search warrant or warrant of arrest shall issue punishable by law are felonies (delitos).
except upon probable cause to be determined  Acts and omissions punishable by law are
personally by the judge after examination under felonies (delitos).
oath or affirmation of the complainant and the  Felonies are committed not only be means of
witnesses he may produce, and particularly deceit (dolo) but also by means of fault (culpa).
describing the place to be searched and the  There is deceit when the act is performed with
persons or things to be seized. deliberate intent and there is fault when the
wrongful act results from imprudence,
negligence, lack of foresight, or lack of skill.
DOCTRINE OF FRUIT OF THE POISONOUS
TREE REQUISITES OF FELONY
 The doctrine speaks of that illegally seized There must be
documents, papers, and things are 1. an act or omission;
inadmissible in evidence. The exclusion of 2. punishable by the Revised Penal Code; and
such evidence is the only practical means of 3. the act is performed or the omission incurred by
enforcing the constitutional injunction against means of dolo or culpa.
unreasonable searches and seizures.
 Evidence arising from violation of Art III, Sec 2
(unreasonable searches and seizure) and Art
III, Sec 3 (privacy of communication and
correspondence) results to inadmissibility for
any purpose and proceeding.

 Habeas Data.—The writ of habeas data is a

remedy available to any person whose right to ARTICLE 16. WHO ARE CRIMINALLY LIABLE
Article 16. Who are criminally liable. - The following are a. By giving of price or offering of reward or promise -
criminally liable for grave and less grave felonies: The one giving the price or offering the reward or
1. Principals. promise is a principal by inducement while the one
2. Accomplices. committing the crime in consideration thereof is a
3. Accessories. principal by direct participation. There is collective
The following are criminally liable for light felonies: criminal responsibility.
1. Principals b. By using words of command - person who used the
2. Accomplices words of command is a principal by inducement while
NOTE: This classification is true only under the RPC the person who committed the crime because of the
and not under special laws, because the penalties under words command is a principal by direct participation.
the latter are never graduated. If the crime is punishable Requisites of Using Words of Command:
under special laws, the more appropriate term would be 1. The one who made the command must have: a.
“offender/s, culprit/s, accused”. Intention of procuring the commission of the crime b.
Ascendancy/Influence over the person who acted 2.
PRINCIPALS Words used must be:
Article 17. Principals. - The following are considered a. So Direct, efficacious, and powerful to amount to
principals: physical/moral coercion b. Uttered Prior to the
1. Those who take a direct part in the execution of the commission of the crime 3. Material executor has no
act; personal reason to commit the crime
2. Those who directly force or induce others to commit it;
3. Those who cooperate in the commission of the ACCOMPLICES
offense by another act without which it would not have Article 18. Accomplices. - Accomplices are those
been accomplished. persons who, not being included in Article 17, cooperate
in the execution of the offense by previous or
a. Principal by Direct Participation simultaneous acts.
Those that actually perform acts necessary in the An accomplice cooperates in the execution of the
commission of the offense. offense by previous or simultaneous acts, provided he
Requisites: has no direct participation in its execution or does not
1. Offender Participated in the criminal resolution; and force or induce others to commit it, or his cooperation is
2. Offender Carried out their plan and Personally took not indispensable to its accomplishment.
part in its execution by acts which directly tended to the Requisites:
same end a. Community of Design: Knowing and concurring with
Presence During Commission of Crime the criminal design of the principal by direct participation
General Rule: Principals by direct participation must be b. Cooperation in the execution of the offense by
at the scene of the commission of the crime, personally previous/simultaneous acts with the intent of supplying
taking part. material/moral aid; and
Exception: When there is a conspiracy and the principal c. Relationship between acts of the principal and those
by direct participation has already performed his part attributed to the accomplice
prior to the commission of the crime
ACCESSORIES
b. Principal by Inducement Article 19. Accessories. - Accessories are those who,
Those who directly force or induce others to commit the having knowledge of the commission of the crime, and
offense. without having participated therein, either as principals
Requisites: or accomplices, take part subsequent to its commission
1. Inducement be made with the Intention of procuring in any of the following manners:
the commission of the crime 1. By profiting themselves or assisting the offender to
2. Said inducement is the Determining Cause of the profit by the effects of the crime.
commission of the crime by the material executor 2. By concealing or destroying the body of the crime, or
the effects or instruments thereof, in order to prevent its
TWO (2) WAYS OF INDUCEMENT discovery.
1. By using irresistible force or causing uncontrollable 3. By harboring, concealing, or assisting in the escape of
fear the principals of the crime, provided the accessory acts
a. Irresistible Force - Such physical force as would with abuse of his public functions or whenever the
produce an effect upon the individual that despite all author of the crime is guilty of treason, parricide, murder,
hForce, fear, duress, or intimidation must be present, or an attempt to take the life of the Chief Executive, or is
imminent, impending; and of such nature as to induce a known to be habitually guilty of some other crime.
well-grounded apprehension of death or serious bodily
harm if the act be done PUNISHABLE ACTS OF ACCESSORIES:
b. Uncontrollable Fear – Such fear that must be grave, 1. Profiting themselves or Assisting the offender to profit
actual, serious and of such kind that majority of men by the effects of the crime
would succumb to such moral compulsion. is resistance, 2. Concealing/destroying the body of the crime to
it reduces him to a mere instrument. prevent its discovery
Body of the Crime (“corpus delicti”) Fact of the
2. By giving of price or offering of reward or promise or commission of the crime, not the physical body of the
using words of command deceased
3. Harboring/concealing/assisting in the Escape of the
principal of the crime committed by either a public officer Classification of felonies according to gravity (Under
or a private person Article 9)
grave felonies- the capital punishment or afflictive
penalties, prision mayor to death
less grave felonies- maximum period was correccional,
arresto mayor –prision correcional
light felopnies - arresto menor or a fine not exceeding
40,000 pesos

Art. 26. When afflictive, correctional, or light penalty.

FINE:
A. Afflictive – exceeds P1,200,000.00
B. Correctional – not exceeding P1,200,000.00 but not
less than P 40,000
STAGES OF COMMISSION OF A CRIME C. Light – less than P40,000.
Attempt Note: The classification applies if the fine is imposed as
1. Overt acts of execution are started a single or alternative penalty. Hence, it does not apply if
2. Not all acts of execution are present the fine imposed together with another penalty.
3. Due to reasons other than the spontaneous
desistance of the perpetrator BOND TO KEEP PEACE IS BY ANALOGY:
A. Afflictive – exceeds P1,200,000.00
Frustrated B. Correctional – not exceeding P1,200,000.00 but not
1. All acts of execution are present less than P 40,000
2. Crime sought to be committed is not achieved C. Light – less than P40,000.
3. Due to intervening causes independent of the will of
the perpetrator
ART 27- DURATION AND EFFECT OF PENALTIES
Consummated A. Perpetual penalties – 20 years and 1 day to 40
1. All the acts of execution are present years.
2. The result sought is achieved B. Reclusion Temporal – 12 yrs and 1 day to 20 yrs
C. Prision Mayor and temporary disqualification – 6 yrs
PHASES OF FELONY and 1 day to 12 yrs;
1. Subjective phase – that portion of execution of the D. Prision Correccional, suspension and destierro – 6
crime starting from the point where the offender begins mos and 1 day to 12 yrs;
up to that point where he still has control over his acts. If E. Arresto Mayor – 1 month and 1 day to 6 months
the subjective phase has not yet passed, the felony F. Arresto Menor – 1 day to 30 days
would be a mere attempt. If it already passed, but the G. Bond to keep the peace – the period during which the
felony is not produced, as a rule, it is frustrated. bond shall be effective is discretionary to the court
NOTE: If it reaches the point where he has no more
control over his acts, the subjective phase has passed. CIRCUMSTANCES AFFECTING CRIMINAL LIABILITY
2. Objective phase – the offender has performed until 1. Justifying circumstances
the last act and is no longer in control of its natural 2. Exempting circumstances
course. 3. Mitigating circumstances
4. Agravating circumstances
MANNER OF COMMITTING THE CRIME 5. Alternative circumstances
Formal crimes- consummated in one instance (e.g. 6. Absolutory causes
slander, false testimony)
Material crimes- those which have 3 stages; (the There are five circumstances affecting criminal liability:
following don’t have frustrated stage. (Rape, acts of (1) Justifying circumstances; No crime and no criminal
lasciviousness, bribery, theft) (Art. 11)
Crimes with no frustrated stage- Rape, corruption of (2) Exempting circumstances; there is a crime but no
public officer, physical injury, adultery, theft. criminal (Article 12)
(3) Mitigating circumstances; penalty is reduced(Article
Art. 9. Grave felonies, less grave felonies and light 13)
felonies. (4) Aggravating Circumstances; penalty is increased but
Grave felonies are those to which the law attaches the not exceeding the max. penalty (Art 14) and
capital punishment or penalties which in any of their (5) Alternative circumstances., can be taken as
periods are afflictive, in accordance with Article 25 of aggravating or mitigating circumstance (Art.15)
this Code.
Less gave felonies are those which the law punishes
with penalties which in their maximum period are Other Circumstances Found In The RPC Affecting
correctional in accordance with abovementioned article. Criminal Liability
Light felonies are those infractions of law or the 1. Absolutory cause – has the effect of an exempting
commission of which the penalty of arresto menor or a circumstance as it is predicated on lack of voluntariness.
fine not exceeding Forty thousand pesos (₱40,000) or
both is provided."
2. Extenuating circumstances – has the effect of 2. Reasonable necessity of means employed to prevent
mitigating the criminal liability of the offender. or repel it; and
3. Lack of sufficient provocation on the part of the
JUSTIYING CIRCUMSTANCES person defending himself.
They are those acts of a person said to be in
accordance with law, such that a person is deemed not 1. Unlawful Aggression– is a physical act manifesting
to have committed a crime and is therefore free from danger to life or limb; it is either actual or imminent.
both criminal and civil liability. Actual/real aggression – Real aggression presupposes
They are: an act positively strong, showing the wrongful intent of
1. Self-defense; the aggressor, which is not merely threatening or
2. Defense of relatives; intimidating attitude, but a material attack. There must
3. Defense of stranger; be real danger to life a personal safety.
4. Avoidance of greater evil or injury; Imminent unlawful aggression – it is an attack that is
5. Fulfillment of duty or exercise of right or office; impending or on the point of happening. It must not
6. Obedience to an order of a superior. consist in a mere threatening attitude, nor must it be
merely imaginary. The intimidating attitude must be
ARTICLE 11. JUSTIFYING CIRCUMSTANCES offensive and positively strong.
The following do not incur any criminal liability: Where there is an agreement to fight, there is no
1. Anyone who acts in defense of his person or rights, unlawful aggression.
provided that the following circumstances concur;
First. Unlawful aggression. 2. Reasonable necessity of the means employed to
Second. Reasonable necessity of the means employed prevent or repel it;
to prevent or repel it. Requisites:
Third. Lack of sufficient provocation on the part of the a. Necessity of the:
person defending himself. I. course of action taken
2. Any one who acts in defense of the person or rights of II. means employed
his spouse, ascendants, descendants, or legitimate, b. The above must be reasonable
natural or adopted brothers or sisters, or his relatives by
affinity in the same degrees and those consanguinity Doctrine of Rational Equivalence
within the fourth civil degree, provided that the first and Rational equivalence presupposes the consideration not
second requisites prescribed in the next preceding only of the nature and quality of the weapons used by
circumstance are present, and the further requisite, in the defender and the assailant, but of the totality of
case the provocation was given by the person attacked, circumstances surrounding the defense vis-à-vis the
that the one making defense had no part therein. unlawful aggression.
3. Anyone who acts in defense of the person or rights of
a stranger, provided that the first and second requisites Test of Reasonableness
mentioned in the first circumstance of this Article are Reasonableness depends upon the:
present and that the person defending be not induced by 1. Nature and quality of the weapon used by the
revenge, resentment, or other evil motive. aggressor
4. Any person who, in order to avoid an evil or injury, 2. Aggressor’s physical condition, character, size, and
does not act which causes damage to another, provided other circumstances
that the following requisites are present; 3. Circumstances of those of the person defending
First. That the evil sought to be avoided actually exists; himself
Second. That the injury feared be greater than that done 4. Place and occasion of the assault
to avoid it;
Third. That there be no other practical and less harmful 3. Lack of Sufficient Provocation
means of preventing it. The accused who claims self-defense must not have
5. Any person who acts in the fulfillment of a duty or in provoked the aggression of the victim.
the lawful exercise of a right or office. Requisite:
6. Any person who acts in obedience to an order issued 1. No Provocation at all was given
by a superior for some lawful purpose. 2. Even if provocation was given, it was not Sufficient
3. Even if the provocation was sufficient, it was not given
Rights included in self-defense by the person Defending himself
Self-defense includes not only the defense of the person 4. Even if the provocation was given by the person
or body of the one assaulted but also that of his rights, defending himself, it was not Proximate and immediate
the enjoyment of which is protected by law. Thus, it to the act of aggression.
includes:
1. Defense of the person’s home BATTERED WOMAN SYNDROME
2. Defense of rights protected by law Scientifically defined pattern of psychological and
3. The right to honor behavioral symptoms found in women living in battering
4. The defense of property rights relationships as a result of cumulative abuse.
5. Self-defense in libel The battered woman syndrome is characterized by the
so-called cycle of violence, which has 3 phases:
SELF-DEFENSE ATICLE 11 (1) 1. Tension building phase;
Elements: (URL) 2. Acute battering incident; and
1. Unlawful aggression; 3. Tranquil, loving (or at least non-violent) phase
 2. Such order must be for some lawful purpose; and
DEFENSE OF RELATIVES ARTICLE 11. (2) 3. Means used by the subordinate to carry out said order
Requisites: is lawful.
1. Unlawful aggression;
2. Reasonable necessity of the means employed to EXEMPTING CIRCUMSTANCES
prevent or repel it; and Circumstances which exempt from criminal liability. - the
3. In case the provocation was given by the person following are exempt from criminal liability:
attacked, the one making a defense had no part therein. 1. An imbecile or an insane person, unless the latter has
acted during a lucid interval.
Relatives covered: (SADSiR) When the imbecile or an insane person has committed
1. Spouse; an act which the law defines as a felony (delito), the
2. Ascendants; court shall order his confinement in one of the hospitals
3. Descendants; or asylums established for persons thus afflicted, which
4. Legitimate, adopted brothers and sisters, or relatives he shall not be permitted to leave without first obtaining
by affinity in the same degrees (namely: ascendants-in- the permission of the same court.
law, descendants-in law, and siblings-in-law); and 2. A person 15 years of age or under. (RA 9344)
5. Relatives by consanguinity within the 4th civil degree. 3. A person over 15 years of age and under 18, unless
he has acted with discernment, in which case, such
Requisites: minor shall be proceeded against in accordance with the
1. Unlawful aggression; provisions of RA. 9344 as amended.
2. Reasonable necessity of the means employed to 4. Any person who, while performing a lawful act with
prevent or repel it; and due care, causes an injury by mere accident without
3. The person defending be not induced by revenge, fault or intention of causing it.
resentment, or other evil motive. 5. Any person who act under the compulsion of
irresistible force.
Avoidance of Greater Evil or State of Necessity, Art. 6. Any person who acts under the impulse of an
11(4) uncontrollable fear of an equal or greater injury.
Requisites: 7. Any person who fails to perform an act required by
1. Evil sought to be avoided actually exists; law, when prevented by some lawful insuperable cause.
2. Injury feared be greater than that done to avoid it;
3. There be no other practical and less harmful means of GR: No criminal liability, but there is civil liability
preventing it; and XPN: Par. 4 and Par. 7: exempted from both criminal
4. There must be no contribution on the part of the and civil liability
accused what caused the evil to arise

Doctrine of Self-help
The owner or lawful possessor of a thing has the right to
exclude any person from the enjoyment and disposal
thereof” (Art. 429, New Civil Code).For this purpose, he
may use such force as maybe reasonably necessary to
repel or prevent an actual or threatened unlawful
physical invasion physical invasion or usurpation of his
property.

“Damage to another” Damage to another covers injury to

persons and damage to property. Imbecility and Insanity, Art. 12(1)
“Evil” The term “evil” means harmful, injurious, Imbecile
disastrous, and destructive. As contemplated, it must One who, while advanced in age, has a mental
actually exist. If it is merely expected or anticipated, the development comparable to that of a child between 2
one acting by such notion is not in a state of necessity. and 7 years of age.
Person incurring benefit is civilly liable
The persons for whose benefit the harm has been Insanity
prevented shall be civilly liable in proportion to the A complete deprivation of intelligence in committing the
benefit which they received act, but capable of having lucid intervals. Mere
abnormality of mental faculties is not enough especially
Fulfillment of Duty, Art. 11(5) if the offender has not lost consciousness of his acts.
Requisites:
1. Accused acted in the performance of a duty or in the General Rule:
lawful exercise of a right or office; and Insanity is an exempting circumstance Exception:
2. Injury caused or offense committed be the necessary During a lucid interval, the insane acts with intelligence,
consequence of the due performance of duty or the thus, is not exempt from criminal liability.
lawful exercise of such right or office. Rules in Insanity
1. Presumption of Sanity Burden of proof of insanity is
Obedience to a Superior Order, Art. 11(6) on the defense
Requisites: 2. Insanity should exist before or at the moment of the
1. An order has been issued by a superior; act or acts under prosecution
3. There must be a complete deprivation of intelligence
in committing the act. Damnum absque injuria
This exempting circumstance is based on the lack of
Two (2) Tests: negligence and intent. Under this paragraph, the person
1. Cognition does not commit either an intentional or culpable felony.
Whether the accused acted with complete deprivation of
intelligence; and Exemption from criminal and civil liability
2. Volition The infliction of the injury by mere accident does not
Whether the accused acted in total deprivation of give rise to a criminal or civil liability, but the person who
freedom of will. caused the injury is duty bound to attend to the person
Presumption is in favor of sanity who was injured.
The defense must prove that the accused was insane at
the time of the commission of the crime. Compulsion of Irresistible Force, Art. 12 (5)
NOTE: Mere abnormalities of the mental facilities are The basis of exemption is the complete absence of
not enough. freedom, an element of voluntariness. Irresistible Force
It is a degree of force which is external or physical which
Effects of insanity of the accused reduces the person to a mere instrument and the acts
1. At the time of the commission of the crime – produced are done without and against his will.
exempted
2. During trial – proceedings suspended until the mental Requisites:
capacity of the accused is restored to afford him fair 1. Compulsion is by means of physical force;
trial.Accused is then committed to a hospital. 2. Physical force must be irresistible; and
3. After judgment or while serving sentence – execution 3. Physical force must come from a third person.
of judgment is suspendedand the accused will be
committed to a hospital. The period of confinement in Actus me invite factus non est meus actus.
the hospital is counted for the purpose of the An act done by me against my will is not my act. The
prescription of the penalty. person invoking this circumstance must show that the
force exerted was such that it reduced him to a mere
Minority (R.A. 9344) instrument who acted not only without his will but
Pars. 2 and 3 of Article 12, and Art. 80 of the RPC, have against it.
been amended/repealed by P.D. 603, as amended, and The duress, force, fear or intimidation must be present,
R.A. 9344. imminent and impending, and of such nature as to
induce a well-grounded apprehension of death or
Presumption of Minority serious bodily harm if the act is not done.
A child in conflict with the law enjoys the presumption of
minority. [Sec. 5, A.M. No. 01- 1-18-SC]. In case of Uncontrollable Fear, Art. 12 (6)
doubt as to the age of the child, it shall be resolved in Requisites:
his/her favor. 1. Threat, which causes the fear, is of an evil greater
than or at least equal to that which he is required to
Discernment commit; and
Capacity of the child at the time of the commission of the 2. It promises an evil of such gravity and imminence that
offense to understand the differences between right and the ordinary man would have succumbed to it.
wrong and the consequences of the wrongful act. Elements of uncontrollable fear
1. Existence of an uncontrollable fear;
2. Fear must be real and imminent; and
3. Fear of an injury is greater than or equal to that
committed

Irresistible Fear vs
Uncontrollable Fear

Accident, Art. 12 (4)

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

Requisites: Prevented by Some Lawful or Insuperable Cause, Art.

a. A person is performing a Lawful act; b. Act was done 12(7)
with Due care; c. He causes injury by mere Accident; Basis of this exempting circumstance
and d. Without fault or intention of causing it
The basis is absence of intent. Insuperable cause Some 7. That the offender had voluntarily surrendered himself
motive which has lawfully, morally, or physically to a person in authority or his agents, or that he had
prevented a person to do what the law commands. voluntarily confessed his guilt before the court prior to
Requisites: the presentation of the evidence for the prosecution;
1. An act is required by law to be done; 8. That the offender is deaf and dumb, blind or otherwise
2. A person fails to perform such act; and suffering some physical defect which thus restricts his
3. Failure to perform such act was due to some lawful or means of action, defense, or communications with his
insuperable cause. fellow beings.
9. Such illness of the offender as would diminish the
Insuperable exercise of the will-power of the offender without
It means insurmountable. A cause which has lawfully, however depriving him of the consciousness of his acts.
morally or physically prevented a person to do what the 10. And, finally, any other circumstances of a similar
law cmmands. nature and analogous to those above mentioned.

ABSOLUTORY CAUSES
Absolutory Causes – are those where the act committed
is a crime but for some reason of public policy and
sentiment, there is no penalty imposed.
Exempting and Justifying Circumstances are absolutory
causes.
Other examples of absolutory causes:
1) Art 6 – spontaneous desistance
2) Art 20 – accessories exempt from criminal liability
3) Art. 247

INSTIGATION
Instigator practically induces the would-be accused into Incomplete Justifying or Exempting Circumstance, Art.
the commission of the offense and himself becomes co- 13(1)
principal Incomplete Self-Defense, Defense of Relatives and
Strangers
ENTRAPMENT a. Unlawful Aggression - should always be present to be
The ways and means are resorted to for the purpose of appreciated as a mitigating circumstance.
trapping and capturing the lawbreaker in the execution b. Ordinary mitigating circumstance - if only unlawful
of his criminal plan. NOT a bar to accused’s prosecution aggression is present.
and conviction c. Privileged mitigating circumstance - if two of the three
requisites are present

Incomplete Accident
a. If the “accident” is attended with fault (cf. fourth
element of accident) and without due care (second
element), - act becomes punishable under Art. 365.
MITIGATING CIRCUMSTANCES b. If the “accident” is intended (cf. fourth element) and
unlawful (first element), then the act is covered by Art. 4
JUSTIFYING CIRCUMSTANCES AND (1), RPC – intentional felony.
CIRCUMSTANCES WHICH EXEMPT FROM
CRIMINAL LIABILITY Insanity
There is no incomplete exempting circumstance of
Mitigating circumstances. - The following are mitigating insanity. There is no middle ground between sanity and
circumstances; insanity.
1. Those mentioned in the preceding chapter, when all
the requisites necessary to justify or to exempt from Under 18 or Over 70 years old, Art. 13(2)
criminal liability in the respective cases are not Offenders who are:
attendant. 1. Over 15 but under 18 years old who acted with
2. That the offender is under eighteen year of age or discernment; and
over seventy years. In the case of the minor, he shall be 2. Over 70 years old
proceeded against in accordance with the provisions of NOTE: It is the age of the accused at the time of the
Art. 80. commission of the crime which should be determined.
3. That the offender had no intention to commit so grave
a wrong as that committed. Effect of Minority
4. That sufficient provocation or threat on the part of the When the offender is a minor under 18 years, the
offended party immediately preceded the act. penalty next lower than that prescribed by law shall be
5. That the act was committed in the immediate imposed, but always in the proper period.
vindication of a grave offense to the one committing the
felony (delito), his spouse, ascendants, or relatives by No Intention to Commit so Grave a Wrong (Praeter
affinity within the same degrees. Intentionem) Art. 13 (3)
6. That of having acted upon an impulse so powerful as Basis
naturally to have produced passion or obfuscation.
The basis is diminution of intent. It is necessary that 2. That the said act which produced the obfuscation was
there be a notable and evident disproportion between not far removed from the commission of the crime by a
the means employed by the offender compared to that considerable length of time, during which the perpetrator
of the resulting felony. If the resulting felony could be might recover his natural equanimity.
expected from the means employed, the circumstance
of praeter intentionem cannot be availed. Voluntary Surrender and Confession of Guilt, Art. 13(7)
Basis
Factors in order to ascertain the intention The basis is the lesser perversity of the offender. The
1. The weapon used; offender is willing to accept the consequences of the
2. The part of the body injured; wrong he has done which thereby saves the government
3. The injury inflicted; and the effort, time and expenses to be incurred in searching
4. The manner it is inflicted. for him.
1. Voluntary surrender to a person in authority or his
Sufficient Threat or Provocation, Art. 13(4) agents; and
Provocation – any unjust or improper conduct or act of 2. Voluntary confession of guilt before the court prior to
the offended party, capable of exciting, inciting or the presentation of evidence for the prosecution
irritating anyone.
Basis: diminution of intelligence and intent Requisites of Voluntary surrender
1. Offender had not been actually arrested;
Requisites: 2. Surrender was made to a person in authority or the
a. Provocation must be sufficient. latter’s agent; and
b. It must originate from the offended party 3. Surrender was voluntary.of voluntary surrender
c. Provocation must be immediate to the act., i.e., to the
commission of the crime by the person who is provoked Requisites of confession of guilt
1. The offender spontaneously confessed his guilt;
Vindication of a Grave Offense, Art. 13(5) 2. It was made in open court (that is before the
Requisites: competent court that is to try the case); and 3. It was
1. There’s a grave offense done to the one committing made prior to the presentation of evidence for the
the felony etc. prosecution.
that the felony is committed in vindication of such grave
offense. Requisites of Voluntary surrender
2. Lapse of time is allowed between the vindication and 1. Offender had not been actually arrested;
the one doing the offense (proximate time, not just 2. Surrender was made to a person in authority or the
immediately after) latter’s agent; and
Basis 3. Surrender was voluntary.of voluntary surrender
The basis is loss of reasoning and self-control, thereby,
Requisites of confession of guilt
Sufficient Threat or Provocation vs Vindication of a 1. The offender spontaneously confessed his guilt;
Grave Offense 2. It was made in open court (that is before the
competent court that is to try the case); and 3. It was
made prior to the presentation of evidence for the
prosecution.

Physical Defect, Art. 13(8)

Basis: one suffering from physical defect which restricts
him does not have complete freedom of action and
therefore, there is diminution of that element of
voluntariness.
Requisites:
1. The offender is deaf and dumb, blind or otherwise
suffering from some physical defect; and
2. Such physical defect restricts his means of action,
Passion or Obfuscation, Art. 13(6) defense, or communication with his fellow beings.
Basis: The physical defect that a person may have must have a
The basis is loss of reasoning and self-control, thereby relation to the commission of the crime.
diminishing the exercise of his will power. Spirit of
revenge or lawlessness Illness of the Offender, Art. 13(9)
Basis: diminution of intelligence and intent
Elements: Requisites
1. Accused acted upon an impulse; and a) illness of the offender must diminish the exercise
2. Impulse must be so powerful that it naturally produced of his will-power
passion or obfuscation in him. b) such illness should not deprive the offender of
consciousness of his acts
Requisites of passion or obfuscation If the illness not only diminishes the exercise of the
1. That there is an act, both unlawful and sufficient to offender’s will power but deprives him of the
produce such a condition of mind; and
consciousness of his acts, it becomes an exempting circumstances may facilitate the commission of the
circumstance to be classified as insanity or imbecility. offense.
Whenever more than three armed malefactors shall
Analogous Circumstances Art. 13(10) have acted together in the commission of an offense, it
Examples of “any other circumstance”: shall be deemed to have been committed by a band.
a) defendant who is 60 years old with failing eyesight is 7. That the crime be committed on the occasion of a
similar to a case of one over 70 years old conflagration, shipwreck, earthquake, epidemic or other
b) outraged feeling of owner of animal taken for ransom calamity or misfortune.
is analogous to vindication of grave offense 8. That the crime be committed with the aid of armed
c) impulse of jealous feeling, men or persons who insure or afford impunity.
d) voluntary restitution of property, similar to voluntary 9. That the accused is a recidivist.
surrender A recidivist is one who, at the time of his trial for one
e) extreme poverty, similar to incomplete justification crime, shall have been previously convicted by final
based on state of necessity judgment of another crime embraced in the same title of
f) Esprit de corps is similar to passion and obfuscation. this Code.
10. That the offender has been previously punished by
AGGRAVATING CIRCUMSTANCES an offense to which the law attaches an equal or greater
penalty or for two or more crimes to which it attaches a
JUSTIFYING CIRCUMSTANCES AND lighter penalty.
CIRCUMSTANCES WHICH EXEMPT FROM 11. That the crime be committed in consideration of a
CRIMINAL LIABILITY price, reward, or promise.

Definition – Those circumstance which raise the penalty 12. That the crime be committed by means of
for a crime without exceeding the maximum applicable inundation, fire, poison, explosion, stranding of a vessel
to that crime. or international damage thereto, derailment of a
Kinds: locomotive, or by the use of any other artifice involving
a) Generic – generally applicable to all crimes great waste and ruin.
b) Specific – apply only to specific crimes (ignominy – 13. That the act be committed with evidence
for chastity crimes; treachery – for persons crimes) premeditation.
c) Qualifying – those that change the nature of the crime 14. That the craft, fraud or disguise be employed.
(evident premeditation – becomes murder) 15. That advantage be taken of superior strength, or
d) Inherent – necessarily accompanies the commission means be employed to weaken the defense.
of the crime (evident premeditation in theft, estafa) 16. That the act be committed with treachery (alevosia).
e) Special - those that cannot be offset by an ordinary
mitigating circumstance and has the result of imposing There is treachery when the offender commits any of the
the penalty in the maximum period. crimes against the person, employing means, methods,
or forms in the execution thereof which tend directly and
Basis. They are based on the greater perversity of the specially to insure its execution, without risk to himself
offender manifested in the commission of the felony as arising from the defense which the offended party might
shown by: make.
1. The motivating power itself;
2. The place of commission; 17. That means be employed or circumstances brought
3. The means and ways employed; about which add ignominy to the natural effects of the
4. The time; and act.
5. The personal circumstances of the offender or the 18. That the crime be committed after an unlawful entry.
offended part There is an unlawful entry when an entrance of a crime
a wall, roof, floor, door, or window be broken.
The following are AGRAVATING CIRCUMSTANCES: 20. That the crime be committed with the aid of persons
1. That advantage be taken by the offender of his public under fifteen years of age or by means of motor
position. vehicles, motorized watercraft, airships, or other similar
2. That the crime be committed in contempt or with insult means. (As amended by RA 5438).
to the public authorities. 21. That the wrong done in the commission of the crime
3. That the act be committed with insult or in disregard be deliberately augmented by causing other wrong not
of the respect due the offended party on account of his necessary for its commissions.
rank, age, or sex, or that is be committed in the dwelling
of the offended party, if the latter has not given 1. Taking Advantage of Public Position
provocation. Kind: Generic & Special Aggravating Circumstance
4. That the act be committed with abuse of confidence Basis: Greater perversity of the offender as shown by
or obvious ungratefulness. the personal circumstances of the offender and also by
5. That the crime be committed in the palace of the the means used to secure the commission of the crime.
Chief Executive or in his presence, or where public
authorities are engaged in the discharge of their duties, Requisites:
or in a place dedicated to religious worship. a. Offender is a Public Officer
6. That the crime be committed in the night time, or in an b. Such officer used the Influence, Prestige or
uninhabited place, or by a band, whenever such Ascendancy which his office gives him
c. The same was used as Means by which he realizes B. Act Committed in Dwelling
his purpose. Kind: Generic Aggravating Circumstance
Requisites:
Test: “Did the accused abuse his office in order to a. Act was committed in the dwelling, which may pertain
commit the crime?” to a: i. Building; or ii. Structure, which is iii. Exclusively
2. THE CRIME BE COMMITTED IN CONTEMPT OF used for Rest and Comfort.
OR WITH INSULT TO THE PUBLIC AUTHORITIES b. Offended party must Not give Provocation.
Kind: Generic Aggravating Circumstance
Basis: Greater perversity of the offender, as shown by 4. ABUSE OF CONFIDENCE OR OBVIOUS
his lack of respect for the public authorities. UNGRATEFULNESS
Kind: Generic Aggravating Circumstance
Requisites:
a. Public authority is Engaged in the exercise of his Application: Two aggravating circumstances. If both are
functions present in the same case, they must be independently
b. Public authority is Not the person against whom the appreciated.
crime is committed A. Abuse of Confidence (Requisites):
c. Offender Knows him to be a public authority A. Offended party Trusted the offender
d. His Presence has not prevented the offender from B. Offender Abused such trust
committing the criminal act. C. Abuse of confidence Facilitated the commission of
the crime Confidence
NOTE: If the crime is committed against the public
authority while in the performance of his duty, the Confidence between the offender and the offended party
offender commits direct assault instead. [Art. 148, RPC] must be immediate and personal. If two persons just met
for the first time, there can be no personal or immediate
3. THE ACT BE COMMITTED relationship upon which confidence might rest between
a. INSULT OR DISREGARD OF THE RESPECT DUE them.
THE OFFENDED PARTY ON ACCOUNT OF HIS: (a)
RANK; (b) AGE; OR (c) SEX, OR THAT IT BE B. Obvious Ungratefulness Requisites:
COMMITTED IN THE DWELLING OF THE OFFENDED a. Offended party Trusted the offender
PART b. Offender Abused such trust
Basis: Greater perversity pf the offender, as shown by c. Act was committed with obvious Ungratefulness
the personal circumstances of the offended party and
the place of the commission of the crime. 5. CRIME WAS COMMITTED IN THE PALACE OF THE
CHIEF EXECUTIVE OR IN HIS PRESENCE, OR
Application: Four circumstances are enumerated in this WHERE PUBLIC AUTHORITIES ARE ENGAGED IN
paragraph, which can be considered singly or together. THE DISCHARGE OF THEIR DUTIES, OR IN A PLACE
If all the four circumstances are present, they have the DEDICATED TO RELIGIOUS WORSHIP
weight of one aggravating circumstance only. Kind: Generic Aggravating Circumstance
Four (4) Circumstances Contemplated Crime was
RANK is the designation or title of the distinction to fix committed:
the relative position of the offended party in reference to a. In the Palace of the Chief Executive, or b. In his
others. Presence, or c. Where public authorities are engaged in
the Discharge of their duties, or d. In a place dedicated
AGE may refer to old age or the tender age of the victim. to Religious Worship
SEX refer to the female sex, not the male sex. Rules:
1. If committed in the Palace of the Chief Executive or in
DWELLING must be a building or structure exclusively a Church (Place of Religious Worship - it is aggravating
used for rest and comfort; a combination of house and regardless of whether State or official or religious
store is not included. functions are being held. The President need not be in
the palace
3. THE ACT BE COMMITTED 2. If committed in the Presence of the Chief Executive –
a. INSULT OR DISREGARD OF THE RESPECT DUE it is aggravating regardless of the place where the crime
THE OFFENDED PARTY ON ACCOUNT OF HIS: (a) is committed. It also applies even if he is not engaged in
RANK; (b) AGE; OR (c) SEX, OR THAT IT BE the discharge of his duties in the place where the crime
COMMITTED IN THE DWELLING OF THE OFFENDED was committed.
PART 3. Cemeteries - not places dedicated for religious
worship.
A. Insult or Disregard 4. Offender must have the intention to commit a crime
Kind: Specific Aggravating Circumstance Specific to when he entered the place.
crimes against persons or honor.
6. CRIME WAS COMMITTED (1) IN THE NIGHT TIME,
Requisites: OR (2) IN AN UNINHABITED PLACE, OR (3) BY A
a. Insult or disregard was made on account of: Rank, BAND, WHENEVER SUCH CIRCUMSTANCES MAY
Age or Sex FACILITATE THE COMMISSION OF THE OFFENSE
b. Such insult or disregard was Deliberately intended Kind: Generic Aggravating Circumstance
Requisites: Circumstances of nighttime, uninhabited
place or band: Requisite:
a. Facilitated the commission of the crime; Offender must take advantage of the calamity or
b. Was Especially Sought for by the offender to insure misfortune.
the commission of the crime or for the purpose of “Or Other Calamity or Misfortune” - Refers to other
impunity, conditions of distress similar to “conflagration,
shipwreck, earthquake or epidemic.”
APPLICATION:
General Rule: If they concur in the commission of the 8. AID OF ARMED MEN OR PERSONS WHO INSURE
crime, they are considered as one aggravating OR AFFORD IMPUNITY
circumstance. Kind: Generic Aggravating Circumstance
Requisites:
Exception: When the following are present: a. Armed men or persons took part in the commission of
a. When their elements are distinctly perceived the crime, directly or indirectly; and
b. When they can subsist independently. b. Accused Availed himself of their Aid or relied upon
c. When it reveals a greater degree of perversity them while the crime was committed

A. Nightime (Nocturnidad) Armed Men Persons equipped with weapons. It also

The commission of the crime must begin and be covers armed women
accomplished in the nighttime (after sunset and before
sunrise)

Two (2) Tests for Nocturnity

a. Objective test - nighttime is aggravating because the
darkness facilitated the commission of the offense
b. Subjective test - nighttime is aggravating because the
darkness was purposely sought by the offender.

Nighttime and Treachery

General Rule: Nighttime is absorbed in treachery if it is
9. RECIDIVISM
part of the treacherous means to insure the execution of
Kind:
the crime.
Generic Aggravating Circumstance
Exception: Where both the treacherous mode of attack
Requisites
and nocturnity were deliberately chosen upon the same
a. Offender is on Trial for an offense;
case. Both may be perceived distinct from one another.
b. He was Previously Convicted by final judgment of
another crime;
Well-lit place When the place is illuminated by light,
c. Both the first and second offenses are embraced in
nighttime is not aggravating.
the Same title of the Code;
d. Offender is Convicted of the new offense
B. Uninhabited Place
It is determined not by the distance of the nearest house
10. REITERACION
to the scene of the crime but whether or not in the place
Kind:
of the commission of the offense, there was a
Generic Aggravating Circumstance Requisites:
reasonable possibility of the victim receiving some help.
a. Offender is on Trial for an offense.
b. He was Previously Served sentence for:
C. Band (Cuadrilla)
i. Another offense of Equal or Greater penalty than the
Requisites:
new offense; or
a. There should be at least be four (4) persons;
ii. 2 or more crimes of lighter penalty
b. Such persons are Armed; and
c. Offender is Convicted of the new offense.
c. They Acted Together in the commission of an offense.
11. IN CONSIDERATION OF A PRICE, REWARD, OR
Abuse of superior strength and use of firearms are
PROMISE
absorbed by the aggravating circumstance of by a band.
Kind: Generic Aggravating Circumstance
Requisites:
Not Considered as Aggravating Circumstance in
a. There must be Two or more principals:
Brigandage
i. One who gives or Offers price or promise; and
ii. One who Accepts it;
7. ON THE OCCASION OF A CONFLAGRATION,
b. Price, reward, or promise must be for the purpose of
SHIPWRECK, EARTHQUAKE, EPIDEMIC OR OTHER
Inducing another to perform the deed.
CALAMITY OR MISFORTUNE
The price, reward or promise need not:
Kind: Generic Aggravating Circumstance
a. Consist of or refer to Material things; or
Rationale: The debased form of criminality of one who,
b. Be Actually Delivered; it being sufficient that the offer
in the midst of a great calamity, instead of lending aid to
made by the principal by inducement was accepted by
the afflicted, adds to their suffering by taking advantage
the principal by direct participation before the
of their misfortune and despoiling them.
commission of the offense.
 Requisites:
12. COMMITTED BY MEANS OF INUNDATION, FIRE, a. Offender Consciously Adopts particular means,
POISON, EXPLOSION, STRANDING OF A VESSEL methods, or forms tending directly and specially to
OR INTENTIONAL DAMAGE THERETO, DERAILMENT ensure the execution of the crime.
OF A LOCOMOTIVE, OR BY THE USE OF ANY b. The employment of such means gave the offended
OTHER ARTIFICE INVOLVING GREAT WASTE AND party No opportunity to defend himself or retaliate.
RUIN
Continuous and Non-continuous Aggression
Kind: Generic Aggravating Circumstance a. When aggression is continuous - treachery must be
Use of Fire present in the beginning of the assault.
MURDER- If intent is to kill – crime is murder and fire is b. When aggression was not continuous - in that there
considered as a qualifying circumstance, even if the was an interruption, it is sufficient that treachery was
house is burned in the process. present at the moment the fatal blow was given.
ARSON If the intent is to destroy property - crime is
arson even if someone dies as consequence 17. IGNOMINY
Kind: Specific Aggravating Circumstance
13. EVIDENT PREMEDITATION Specific to the following:a. Coercion (light or grave);
Kind: Generic Aggravating Circumstance Murder; Wanton Robbery for personal gain; d. Crimes
Requisites: against Chastit; Less serious physical injuries; and
a. The Time when the offender determined to commit Rape.
the crime;
b. An Act manifestly indicating that the culprit has clung Ignominy It is a circumstance pertaining to the moral
to his determination; and order, which adds
c. Sufficient Lapse of time between the determination
and execution, to allow him to reflect upon the When Appreciated
consequences of his act and to allow his conscience to Ignominy is appreciated when the offense is committed
overcome the resolution of his will. in a manner that tends to make its effect more
Evident premeditation implies a deliberate planning of humiliating, adding to the victim’s moral suffering. Thus,
the act before executing it. where the victim was already dead when his body or a
part thereof was dismembered, ignominy cannot be
14. CRAFT, FRAUD OR DISGUISE WAS EMPLOYED taken against the accused.
Kind: Generic Aggravating Circumstance
Crime was committed by means of: 18. UNLAWFUL ENTRY
a. Craft - It is chicanery resorted to by the accused to aid Kind:
in the execution of his criminal design. Generic Aggravating Circumstance
b. Fraud - When there is a direct inducement by Unlawful Entry
insidious words or machinations, fraud is present. There is unlawful entry when an entrance is effected by
c. Disguise - Resorting to any device to conceal identity. a way not intended for that purpose.
There is no unlawful entry when the door was already
broken and thereafter the accused made an entry
through the broken door. The breaking of the door is
covered by paragraph

19. AS A MEANS TO THE COMMISSION OF THE

CRIME, A WALL, ROOF, FLOOR, DOOR, OR
WINDOW BE BROKEN
Kind:
15. (a) TAKING ADVANTAGE OF SUPERIOR Generic Aggravating Circumstance
STRENGTH; OR (b) MEANS WAS EMPLOYED TO For Entrance, Not Escape/Exit
WEAKEN THE DEFENSE This circumstance is aggravating only when the offender
Kind: Specific Aggravating Circumstance Specific to resorted to any means in order to enter the place.
crimes against persons and sometimes against person
and property
A. Advantage of Superior Strength Requisites:
a. There is a Notorious Inequality of forces between
victim and aggressor.
b. Offender Purposely used excessive force out of
proportion to the means of defense available to the
persons attacked.

B. Means Employed to Weaken defense

The offender employs means that materially weakens
20. CRIME WAS COMMITTED (a) WITH THE AID OF
the resisting power of the offended party
PERSONS UNDER FIFTEEN YEARS OF AGE OR (b)
BY MEANS OF MOTOR VEHICLES, MOTORIZED
16. TREACHERY (ALEVOSIA)
WATERCRAFT, AIRSHIPS, OR OTHER SIMILAR
Kind: Specific Aggravating Circumstance; Specific to
MEANS
crimes against persons
 Relatives include:
Kind: Generic Aggravating Circumstance a. Spouse
A. With the Aid of Persons Under 15 Years Old b. Ascendant
Rationale: To repress the frequent practice resorted to c. Descendant
by professional criminals of availing themselves of d. Legitimate, natural, or adopted brother or sister
minors taking advantage oftheir lack of criminal (Siblings)
responsibility (since minors are given leniency when e. Relative by Affinity in the same degree of the offender
they commit a crime) Relatives by Affinity Includes in-laws, stepfather, or
stepmother, stepchild and the like. It is the duty of the
B. By Means of a Motor Vehicle Requisites: stepparents to bestow upon their stepchildren a
a. That any of the following was used: mother’s or father’s affection, care and protection
i. Motorized vehicles; or, Other relatives included The relationship of stepfather or
ii. Other efficient means of transportation Similar to stepmother and stepson or stepdaughter is included by
automobile or airplane. analogy as similar to that of ascendant and descendant.

b. That the same was used as Means of Committing the Relationship as Exempting Circumstance:
crime, such as by using the same to: 1. When the accessory is related to the principal.
i. Go to the place of the crime 2. Death under exceptional circumstances.
ii. Carry away the effects thereof; and 3. Select Crimes Against Property.
iii. Facilitate their escape
21. CRUELTY Relationship as Mitigating Circumstance:
Kind: Specific Aggravating Circumstance; Specific to 1. In crimes against property
crimes against persons ( Robbery , Usurpation,c. Fraudulent insolvency , Arson)
Requisites: 2. When the crime is less serious or slight physical
a. That the injury caused be Deliberately Increased by injuries – if the offended party is a relative of a lower
causing the other wrong degree than the offender.
b. The other wrong was Unnecessary for the Execution 3. In trespass to dwelling
of the purpose of the offender
Relationship as Aggravating Circumstance:
1. Crimes against Person
GR: Higher degree; or Relatives of the same level
EXCEPTION: Always aggravating in the following:
Serious Physical Injuries, Homicide or Murder, Rape.
2. Crimes against Chastity
Relationship is always aggravating

Relationship Not Appreciated:

1. When relationship is an element of the offense:
Parricide, Adultery, Concubinage
SPECIAL AGGRAVATING AND QUALIFYING 2. For Persons Attached by Common-Law Relations.
CIRCUMSTANCES
a. Organized or Syndicated crime group (Crimes where 2. INTOXICATION
Purpose is to Gain: 1. Theft 2. Estafa 3. Robbery 4. Requisites (Mitigating Circumstance):
Illegal recruitment) a. Act was done due to alcoholic intake of the offender,
b. Use of Explosives (Results in the Death of a person ) he suffers from Diminished Self-Control.
c. Use of Loose firearms b. Offender is Not a Habitual Drinker.
d. Use of Dangerous drugs c. Offender did Not take the alcoholic drink With the
e. Arson under P.D. 1613 (1. For the Benefit of another Intention to Reinforce his resolve to commit crime.
2. Because of Hatred towards owner/occupant 3. With Requisites (Aggravating Circumstance):
Intent to Gain 4. By a Syndicate) a. If intoxication is habitual; or
b. If it is intentional to embolden offender to commit
ALTERNATIVE CIRCUMSTANCES crime
JUSTIFYING CIRCUMSTANCES AND Meaning of Habitual Drunkard A habitual drunkard is
CIRCUMSTANCES WHICH EXEMPT FROM CRIMINAL one given tointoxication by excessive use of intoxicating
LIABILITY drinks. The habit should be actual and confirmed. It is
unnecessary that it be a matter of daily occurrence.
Alternative Circumstances These are circumstances
which may be taken in consideration, as aggravating or Art. 89. How criminal liability is totally extinguished.
mitigating according to the nature and effects of the — Criminal liability is totally extinguished:
crime and other conditions attending its commission. (1) By the death of the convict, as to the personal
penalties and as to pecuniary penalties, liability therefor
TYPES UNDER ART. 15. (2) By service of the sentence
1. Relationship Crime is a debt, hence extinguished upon payment
2. Intoxication Service does not extinguish civil liability
3. Degree of Education/instruction Amnesty – is an act of the sovereign power granting
oblivion or general pardon. It wipes all traces and
1. RELATIONSHIP
vestiges of the crime but does not extinguish civil
liability.
(3) By absolute pardon
Pardon – an act of grace proceeding from the power
entrusted w/ the execution of laws, which exempts the
individual from the punishment the law inflicts for the
crime.
(4) By prescription of the crime
When the crime prescribes, the state loses the right to
prosecute
Prescription of a crime – is the loss/forfeiture of the right Prescriptive periods of offenses punished under Special
of the state to prosecute the offender after the lapse of a Laws and municipal ordinances.
certain time. Act No. 3763, amending Act No. 3326, provides:
(5) By prescription of the penalty
means the loss/forfeiture of the right of government to
execute the final sentence after the lapse of a certain
time. Conditions: there must be final judgment and the
period has elapsed.
(6) By the marriage of the offended woman, as
provided in Art 344 of this Code

Art. 90. Prescription of crime.

Crimes punishable by death, reclusion perpetua or
reclusion temporal shall prescribe in twenty years.
Art. 91. Computation of prescription of offenses.
Crimes punishable by other afflictive penalties shall — The period of prescription shall commence to run
prescribe in fifteen years. from the day on which the crime is discovered by the
offended party, the authorities, or their agents, and shall
Those punishable by a correctional penalty shall be interrupted by the filing of the complaint or
prescribe in ten years; with the exception of those information, and shall commence to run again when
punishable by arresto mayor, which shall prescribe in such proceedings terminate without the accused being
five years. convicted or acquitted, or are unjustifiably stopped for
any reason not imputable to him.
The crime of libel or other similar offenses shall The term of prescription shall not run when the offender
prescribe in one year. is absent from the Philippine Archipelago.

The crime of oral defamation and slander by deed shall The period of prescription commences to run from the
prescribe in six months. date of commission of crime if known or from the date of
discovery of either the offended party, authorities, or
Light offenses prescribe in two months. their agents.

When the penalty fixed by law is a compound one, the Period of prescription of continuing crime never runs.
highest penalty shall be made the basis of the
application of the rules contained in the first, second and Filling of complaint with the prosecutor’s office interrupts
third paragraphs of this article. (As amended by RA running of period of prescription of offense charged.
4661, approved June 19, 1966.)

A leap year should be counted as separate days in Art. 92. When and how penalties prescribe.
computing periods of prescription. — The penalties imposed by final sentence prescribe as
follows:
Where the last day of the prescriptive period for filing an 1. Death and reclusion perpetua, in twenty years;
information falls on Sunday or legal holiday, the 2. Other afflictive penalties, in fifteen years;
information can no longer be filed on the next day as the 3. Correctional penalties, in ten years; with the
crime has already prescribed. exception of the penalty of arresto mayor, which
prescribes in five years;
Prescription of the crime is the loss by the State if the 4. Light penalties, in one year.
right to prosecute and punish the same. Criminal liability
is totally extinguished by prescription of the crime. Prescription of penalty is the forfeiture or loss of the right
of the State to enforce the penalty imposed on a convict
due to the lapse of time from the time the convict
evaded the service of his sentence.

In prescription of crimes, it is the penalty prescribed by

law that should be considered; in prescription of
penalties, it is the penalty imposed that should be
considered.
 Commutation of sentence refers to the reduction of the
Art. 92. When and how penalties prescribe. duration of a prison sentence of a prisoner by the Chief
Executive.
When the convict sentenced to death is over 70
years of age.
When 8 justices of the Supreme Court failed to
reach a decision for the affirmation of death penalty.

Parole refers to the conditional release of an offender

from correctional institution after he has served the
minimum of his prison sentence.

Art. 93. Computation of the prescription of penalties. GOOD CONDUCT TIME ALLOWANCE
— The period of prescription of penalties shall
commence to run from the date when the culprit should
evade the service of his sentence, and it shall be
interrupted if the defendant should give himself up, be
captured, should go to some foreign country with which
this Government has no extradition treaty, or should
commit another crime before the expiration of the period
of prescription.

Elements: Disqualification from GCTA

1. That the penalty is imposed by final sentence. Recidivist, habitual delinquents, escapees, those
2. That the convict evaded the service of the sentence charged with heinous crimes and an accused who, upon
by escaping during the term of his sentence. being summoned for the execution of his sentence to
3. That the convict who escaped from prison has not surrender voluntarily before a court of law, are excluded
given himself up, or been captured, or gone to a foreign from GCTA under RA 10592.
country with which we have no extradition treaty, or
committed another crime. No GCTA while prisoner is released under conditional
4. That the penalty has prescribed, because of the lapse pardon.
of time from the date of the evasion of the service of the
sentence by the convict. Non-entitlement to GCTA for violation of Prison Rules.

Art. 94. Partial Extinction of criminal liability, as

amended
"Criminal liability is extinguished partially:
1. By conditional pardon;
"2. By commutation of the sentence; and
"3. For good conduct allowances which the culprit may
earn while he is undergoing preventive imprisonment or
serving his sentence."

Art. 95. Obligation incurred by person granted

conditional pardon. — Any person who has been
granted conditional pardon shall incur the obligation of
complying strictly with the conditions imposed therein
otherwise, his non-compliance with any of the conditions
specified shall result in the revocation of the pardon and
the provisions of Article 159 shall be applied to him.

Art. 96. Effect of commutation of sentence. — The

commutation of the original sentence for another of a
different length and nature shall have the legal effect of
substituting the latter in the place of the former

Conditional pardon refers ot the exemption of an

individual with certain limits or conditions, from the
punishment which the law inflicts for the offense he had
committed resulting in the partial extinction of his
criminal liability.

Condition of pardon is limited to unserved portion of the

sentence, unless an intention to extend it beyond the
time is manifest