130700978 Criminal Law Reviewer Ateneo 2011 PDF

8/20/2019 130700978 Criminal Law Reviewer Ateneo 2011 PDF

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Criminal Law

Bar 2011 Notes

Roland Glenn T. Tuazon

Ateneo de Manila University

TABLE OF CONTENTS:

1. FUNDAMENTAL PRINCIPLES AND FELONIES

2. CIRCUMSTANCES AFFECTING LIABILITY

3. PERSONS CRIMINALLY LIABLE

4. PENALTIES

5.

MODIFICATION AND EXTINCTION OF CRIMINAL LIABILITY 6. AGAINST NATIONAL SECURITY

7. AGAINST FUNDAMENTAL LAWS OF THE STATE

8. AGAINST PUBLIC ORDER

9.

AGAINST PUBLIC INTEREST

10. RELATIVE TO OPIUM AND OTHER DRUGS

11. AGAINST PUBLIC MORALS

12. COMMITTED BY PUBLIC OFFICERS

13. AGAINST PERSONS

14.

AGAINST PERSONAL LIBERTY AND SECURITY 15. AGAINST PROPERTY

16. AGAINST CHASTITY

17. AGAINST CIVIL STATUS

18. AGAINST HONOR

19. CRIMINAL NEGLIGENCE

ANNEX I: CIVIL INDEMNITY RATES

FUNDAMENTAL PRINCIPLES AND FELONIES

Preliminary

What is the nature of felonies?

o All felonies in RPC are public wrongs, as

distinguished from private wrongs, the latter of

which is just a breach of duty or contract of two

private parties.

o

Although the State has power to prosecute

persons for private crimes, the law gives the

victim the privilege of not instituting actions for

private crimes: adultery, seduction, abduction,

etc. There must be a complaint initiated by theoffended party.

Ratio: to protect the latter from shame

and humiliation.

Rape is no longer a private crime. (Art.

344 of RPC) – it is now a crime against

persons.

Under RA 8353, the marriage of the

offender and the offended party will

extinguish criminal liability of theaccused.

Can there be common law crimes in the

Philippines?

o No. There are no common law crimes in the

Philippines. Nullum crime nulla poena sine

lege.

What are the sources of criminal law?


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o

RPC, SPL, municipal ordinances.

What about administrative regulations? May

these partake of nature of criminal law?

o YES.

o

Requisites:

1) Violation of admin regulation must be

made a crime by the delegating statute

2) Penalty for violation must be provided

by the statute itself.

Are judicial decisions by the SC penal laws?

o

No.

o Article 8 of NCC: judicial decisions interpreting

the Constitution form part of the legal system of

the Philippines. But decisions of the SC

interpreting criminal statutes are not penal laws

per se – they are merely interpretative.

What are examples of laws in Philippine criminal

law that follow the positivist theory?

o

1. ISL

The ISL was approved to uplift and

improve human life. Not focused on the

person as a criminal, but the law takesinto account economic usefulness of

offender and excessiveness of

deprivation of liberty.

o 2. Habitual delinquency law

o The State is concerned not just with protective

social order against criminal acts, but also

redeeming the individual for social ends. Not

just retribution, but reformation.

What is the principle of generality?

o Art 14 of the NCC: Penal laws apply to all

those who live or sojourn in the Philippines,

subject to international law or treaty

stipulations.

o How does international law become

domestic law, under the 1987 Constitution?

Transformation – requires that the I-law

be transformed into domestic law; ex.

local legislation

Incorporation – international law is part

of the law of the land.

Immunities from criminal prosecution by certain

individuals:

o

1. Covered by the VCDR or exempted by

treaties/laws or preferential application

Principle is par in parem non habet

imperium – suing them is tantamount to

suing the State they represent

Who are the diplomats covered?Classified into four:

A) ambassadors, ambassadors

extraordinary

B) ministers and papal

internuncios

C) ministers-residents

D) charges-de-affaires


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This principle is inviolable; they are not

subject to local penal laws. They are

immune from arrest and prosecution for

violation for local laws.

But one may be temporarily restrained ifhe commits acts that threaten public

order. The State may simply request for

recall of the diplomat – he will still not be

prosecuted locally.

X is a citizen of Iran, but is also an

honorary consul . He was caught in

possession of drugs. Is he exempt

from prosecution?

No. A consul is not exempt from

criminal prosecution for violation

of the penal laws of a country

where he is assigned to. He is

not entitled to any immunity or

diplomatic privileges under the

VCDR. The nature of the job of

consuls, vice-consuls, or consuls-

general is commercial in nature. Exception: when there is an

agreement between the

Philippines and the sending

country. But the exemption is not

based on the nature of his

position.

Except: immunity does not cover suits

in personal and private capacity as an

ordinary citizen

Liang: The RP and ADB entered

into an agreement under which

officers and staff members enjoy

immunity from legal processes

and prosecution, with respect to

acts performed in their official

capacity, except when the bank

waives the immunity. In this

case, the ADB officer committed

grave oral defamation, which is

ultra vires. He is not immune.

This is not covered by immunity

because he was not performing

his duty.

o 2. RA 7055 – Members of the AFP and officers

charged with service-connected offenses

Who are officers and members of the

AFP?

Article 1: members of AFP, thosesubject to military law, members

of the Citizens Armed Forces

Geographical Units (CAFGU)

What is the general rule?

Civilian courts have jurisdiction

over crimes committed by

members of the AFP.


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EXCEPTION: service-connected

offenses (provided in RA 7055)

fall under courts-martial

Civilian court determines before

arraignment whether the crime is

service-connected

Is it possible for a service-

connected crime to be tried by

civilian courts?

YES. The President, before

arraignment, in the interest of

justice, may refer the crime to a

civilian court as long as it iscovered by the RPC or any other

SPL.

What about Members of the PNP?

They are covered by RA 6975.

Civilian courts have jurisdiction

over them because the PNP is

civilian in character.

o 3. Immunity under law/transactional immunity

Transactional immunity is statutoryimmunity from criminal prosecution as

granted by law

Omnibus Election Code – one who

reports to the COMELEC any incident of

vote buying or vote selling, and he

testifies for prosecution: he is entitled to

immunity, even if he took part in such

crime. Sec 261 of OEC.

P.D. 749 – immunity granted to those

furnishing information re: violation of

bribery, indirect bribery, corruption ofpublic officers

Art. 2: territoriality principle

What is covered by the territory of the

Philippines?

o

Phil. archipelago, atmosphere, interior waters,

maritime zone

UNCLOS –

o

Territorial sea is up until 12 nautical mileso Contiguous zone: up until 24 nautical miles

States may exercise control even within

this area to prevent and punish

infringement of customs, immigration,

fiscal, sanitary laws within territory or

territorial seas

What are the exceptions to the territoriality rule of

criminal law?

o

1. Commission of an offense in a Philippine

ship or airship

But technically this is not an exception,

because Philippine ships or airships are

part of Philippine territory

Nationality of the ship depends on its

registration


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o

2. Forging or counterfeiting Philippine coins or

notes or government securities

o 3. Introduction into the Philippines of the

forged/counterfeited notes, coins, or

government securities

Rationale for #2 and #3: to protect

economic security of the Philippines

o

4. Public officers and employees who commit

an offense in the exercise of their duties

o 5. Commission of any of the crimes against

national security and the law of nations

i.e. treason, espionage, provoking or

disloyalty during war, piracy, mutiny

Purpose of penal laws involving national

security is to protect the domestic order

and crimes against national and

economic security of the Philippines.

The law is designed to protect not only

the national and economic security of

the country, and should reach beyond

the boundaries of the Philippines,

wherever they may be found. Differentiate the English from the French rule:

o English (territorial) – the territorial State has

jurisdiction, except when it merely concerns

internal management of the vessel.

o French (flag) – the flag of registration has

offense, as long as it does not disturb the

peace.

There was an English vessel in Phil. territory, not

in transit. Accused was smoking opium on the

ship.

o HELD: Convicted. The SC followed the

English rule, because he was smoking within

Phil. territory. This had pernicious effect on

Phil. territory (“disturbs the peace”) so it was

not a matter of mere internal management of

the vessel.

A person in a Philippine ship in Vietnamese

waters got drunk and shot three people. He was

not prosecuted in Vietnam. Can the Philippines

prosecute him?

o Yes, the Philippines may exercise jurisdiction.

Although following the English rule, which we

adhere to, it must be Vietnam that exercises

jurisdiction, since Vietnam did not exercise

jurisdiction, there is nothing preventing the

Philippines from deviating from English rule.

o Rule: the territorial State has priority. If it fails

to do so, the Philippines may act under Art. 2.

In the D.D.A., mere attempt to transport marijuanais a crime. Can Philippine officials board the

vessel to prosecute those on board?

o

General rule: the ship cannot be boarded. But

the UNCLOS said that the criminal law of a

State may not be enforced on board the vessel

to prosecute individuals, except if measures

are necessary to suppress illegal traffic of


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narcotic drugs in a commercial vessel that

passes by the territorial sea.

What is the nature of the high seas?

o Free for all.

o

Is it possible that a crime was committedbeyond the territorial sea, but yet, when the

vessel enters Phil. territorial sea, can it be

prosecuted?

Yes, if it is a continuing crime.

o Can Philippines legislate on crimes

applying to the high seas?

Yes, for instance, P.D. 532 – Piracy.

o Pirates wanted to unload the oil from a

vessel. They boarded the ship within Phil.

Waters, which went to Singapore, and

unloaded the oil to another vessel in the

high seas. Can they be prosecuted here?

Yes, they can be prosecuted for piracy

even if the crime was committed in

Singapore, because the crime began in

the Philippines. It continued to

Singapore.Art. 3: felonies

What are the two components of felonies by dolo ?

o

1. Act and omission punishable by law

(physical act)

o 2. Mens rea (intent)

For felonies by dolo, one is not

criminally liable if there is no criminal

intent.

What about culpa?

o

Not intent, but negligence, imprudence, lack of

foresight, or lack of skill

May someone be held criminally liable for crimes

of omission?

o

YES. The following must concur:

1. There is a positive duty provided by

law

2. Accused acted voluntarily to not do a

positive duty

3. Criminal intent in refusing to do it

o

Examples: misprision of treason, prevaricacion

(Art. 208 of RPC), fraud on treasury

What is mistake of fact and its implications?

o Recall: People v. Achong.

o

If there is mistake of fact, then there is no

criminal intent. One is not culpable for dolo.

o The one invoking it must act with good faith.

o

If he acts with negligence, such as when he isnegligent in ascertaining the true state of facts,

he may be liable for felony by culpa.

o

Not a valid defense for felony by culpa or by

SPL.

What is abberat io ictus and what are its

implications?


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o

This is mistake in the victim of the blow. There

is still criminal liability, which is generally

increased (because it either becomes a

complex crime or two separate crimes –

against the intended and the real victim).o

Can treachery apply to abberatio ictus?

Yes, because if the accused fired at his

intended target but missed, the victims

are helpless to defend themselves.

What is error in personae and its implications?

o This is mistake in the identity. It may or may

not lower criminal liability depending on the

crime committed and if the intended crime is of

equal or different gravity.

o

Ex. X intended to kill Y, but instead killed his

father, Z by mistake. Instead of homicide, it

became parricide. In this case, Art. 49 will

govern: error in personae becomes mitigating

(apply maximum period of homicide as

penalty).

What is praeter intent ionem and its implications?

o

The accused did not intend to commit so gravea wrong as that committed. This is a mitigating

circumstance under Art. 13.

o But if the means used to commit the desired

crime would also logically and naturally bring

about the actual felony, praeter intentionem

does not apply.

Circumstance Common or usual implication

Mistake of fact Not culpable

Abberatio ictus Complex crime

Error in personae No change; or maximumperiod of the lesser offense

Praeter intentionem Mitigating

What is the rule on specific intent felonies?

o

In specific intent felonies, the prosecution must

prove beyond reasonable doubt the specific

intent. But sometimes, specific intent may be

presumed.

Ex. intent to kill must be proved. One

can presume this, for instance, from the

mere fact that the victim died from a

deliberate act. But for attempted or

frustrated homicide, intent to kill is not

presumed and must be proved.

Ex. intent to gain in theft. One is found

in possession of recently stolen property

– there is a presumption.

o

Criminal intent can be presumed from the

commission of a delictual act.

Must motive be proved for dolo ?

o

Not in general. Motive is not an essential

element of crime. But there are instances


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where motive is a prerequisite to conviction of

accused.

Political crimes –If the crime

committed, for instance murder, is in

pursuance of political motive in rebellionor coup d’etat, it is absorbed by the

crime.

Death by exceptional circumstances

– killed wife and paramour who were

having sexual intercourse. Not

criminally liable for homicide, if motive is

to avenge dishonor. But if he killed the

wife for some other motive, and not due

to exceptional circumstances, then he is

criminally liable.

o

Motive, however, is useful when there is doubt

whether the accused committed the crime or

as regards the identity of the accused

When is criminal intent not needed to commit a

crime?

o 1. Culpa

o

2. Crimes malum prohibitum Is reckless imprudence under 365 a felony under

Art. 3?

o Yes. It is a quasi-offense.

o Note the difference: Under Art. 3, culpa is

mode of committing a crime, while in Art. 365,

culpa itself is the crime punished, thus it is a

felony.

o Does mistake in the identity of the victim

constitute reckless imprudence?

No. Mistake in identity is not culpa.

Ex. Policemen were trying to arrest an

escapee, and they saw a man sleeping.They thought the man was the escapee.

HELD: The felony was dolo, not culpa,

because the killing was deliberate.

o May there be a crime of frustrated homicide

through reckless imprudence?

No. Frustrated homicide requires intent

to kill. This is incompatible with

recklessness, negligence, or

imprudence.

o Can there be conspiracy resulting from

negligence?

There can be no conspiracy resulting

from negligence, because conspiracy is

the product of deliberate agreement

evincing intent.

o

If the information charges an intentional

felony but what is proved is culpablefelony, can the accused be convicted?

Yes, because the greater includes the

lesser offense

o Can more than one person be liable for

killing the same person, one by dolo and

one by culpa?

Yes.


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3 people went to carnival. X was

mentally challenged. Y poured gasoline

on X. Z lit a match and burned X.

HELD: Y who poured gasoline was

liable for reckless imprudence resultingin homicide. He should have anticipated

that after pouring gasoline, someone

could light a match – lack of foresight. Z

is liable for felony by dolo – deliberate

act. (P v. Pugay)

Are crimes punishable by SPLs automatically

crimes malum prohibitum?

o Not all. Some can be malum in se.

o

A. Plunder is malum in se, for three reasons:

1. Although defined by SPL, it is malum

in se because the crimes constitutive of

plunder are mala in se. Under the law,

mitigating and extenuating

circumstances are applicable to plunder.

2. The predicate crimes are punishable

by RP to death.

3. Plunder is inherently immoral andwrong.

o B. Sec. 27B of the Omnibus election code: a

member of the BEI who tampers with election

results.

The crime is malum in se, although the

crime is defined by SPL. It is inherently

immoral and wrong to tamper with

election results.

Give examples of SPLs that are malum

prohibitum:

o

A. Possession of unlicensed firearm. But mere transient possession in RA

8294 is not a crime: there must be intent

to possess, not mere possession.

Can the use of unlicensed firearm be

an aggravating circumstance?

Yes. RA 8294 provides that it is

an aggravating circumstance.

o B. Violation of Trust Receipts law

o

C. Anti-fencing Law

No need to prove intent to gain

Can one be liable for both a felony and a SPL for

one delict?

o

Yes.

o Ex. One issued a check for a transaction which

bounced. Liable for BP 22 AND liable for

estafa.

o

Ex. One pretended to be a licensed recruiter.Liable for both illegal recruitment and estafa.

Can one be liable for crime defined by SPL,

commit another felony and then become liable for

a special complex crime?

o Yes. The anti-carnapping law (RA 6539). If

the offender kills the driver or occupant to take


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the car, he is guilty of special complex crime of

carnapping with murder.

May a felony by dolo or culpa absorb a crime

which is malum prohibitum?

o

No, a felony by dolo or culpa cannot absorb amalum prohibitum crime.

Two persons went to the public forest and cut

timber, which is a violation of the Forestry Code.

They were convicted, on basis of conspiracy. The

court ruled that they were guilty to conspire to

violate the Forestry Code. Is the SC decision

correct? Can there be conspiracy to commit

malum prohibitum?

o

No. The SC is wrong. Under Art. 8, they must

agree to commit a crime (felony). Thus, this

does not apply to malum prohibitum. (Tigoy v.

P)

Art. 4: felonies and impossible crimes

Par.1 – natural and logical consequence of felonies

What is the rule on liability for those who have

committed a felony?

o That person is liable for natural (ordinary

course of things) and logical (reasonable

connection) consequences of his criminal act

o

The act must be the proximate cause of the

effect.

o What is proximate cause?

“The cause, which in its natural and

continuous sequence, unbroken by any

efficient intervening cause, produces the

injury and without which the result would

not occurred”

And that cause may cause another thing

to occur, which produces the injury

o Which circumstances do not affect the

existence of proximate cause?

1. Pre-existing condition of the victim

(pathological)

2. Negligence of doctor

3. Refusal to get medical help or delay

in getting it

o When is something not the proximate cause

of the effect?

1. There is an active force that

intervened between the felony

committed and the death of the victim,

2. The resulting injury or damage is the

intentional act of the victim.

Examples where even if the resulting wrongful actwas different from the offender’s intention, he is liable

for that resulting act

o Inserted vibrator in anal orifice of victim. It was

rusty so the victim died (Complex crime of

sexual assault with homicide under RA 8353)

o

Accused robbed a store and to shut up the

woman inside, he jammed a pan de sal in her


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mouth. She died by asphyxiation. Convicted

of robbery with homicide.

o The kidnap victim died from a heart attack due

to fear. The accused is liable for kidnapping

with homicide.o

Accused robbed victim of belongings, the

victim ran away and jumped in the river. She

drowned. Accused is liable since he created a

sense of fear in the mind of the victim.

o Even if the doctor is negligent, but the accused

inflicted mortal wounds on the victim, the

negligence of the doctor is NOT an active

intervening force that exculpates the accused.

But there are times the doctors’ acts are

exculpatory.

Ex. Victim was brought to the hospital,

but the doctor was so intoxicated, he

gave the victim poison instead of

medicine. The doctor was liable.

Is it possible that two persons are liable for the

death of the same person even if there is no

conspiracy?o

Yes. Two persons went to a bar, did not know

each other, and sat on different tables. They

saw an annoying person. One person stabbed

him. The other, not knowing that the first one

stabbed him too, stabbed him again. Both

wounds were mortal.

o

Both are liable for homicide.

An accused committed reckless imprudence, and

due to this, two people died. Can he be

prosecuted for reckless imprudence resulting to

double homicide? May reckless imprudence

result into a complex crime?o YES, because reckless imprudence is a felony

under Art. 3 and Art. 48 talks about felonies as

component crimes.

What is the relevant presumption under Rule 131,

Sec 5(c) of the Rules of Evidence?

o

A person is presumed to contemplate the

ordinary consequences of his acts, and expect

those.

But intent is an internal act. How do you

determine this?

o

Through circumstances of the case.

Does Art. 4, par. 1 regarding liability for natural

and logical consequences apply to culpable

felonies?

o No.

o Par. (1) is specific: it refers only to delitos.

o

NOTE: Boado has a different opinion, notingthat “delitos” means felony in general, which

can include culpable felonies. The classic

example she gives is person X jumping off a

building to commit suicide, but does not die

because he lands on Y, who dies. X is liable

for the death of Y even if committing suicide is

not a crime per se.


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What will apply to culpable felonies?

o

Article 365 of the RPC applies.

o The offender is liable for whatever damage or

injury caused by him.

Par. 2 – impossible crimes

What are the elements of an impossible crime?

o 1. The offender performed an act which would

be an offense against persons or property

o

2. He performed the act with criminal intent

o

3. Accomplishment of the act is inherently

impossible or the means employed were

inadequate or ineffectual

Differentiate “factual or physical impossibility”from “legal impossibility”:

o Factual or physical impossibility

There is intent and performance but no

accomplishment due to extraneous

circumstances that makes

accomplishment impossible.

The factual condition must be unknown

to the offender.

What if the person knew the factual

condition?

There is no crime and there is no

impossible crime.

Examples:

Offender accepted goods which

he believed to have been stolen,

but which were not, in fact stolen

Offender offers a bribe to

someone he believes is a public

officer, but is in fact not

Offender believed his gun was

loaded, pointed it as his wife, and

pulled the trigger. But it was

empty.

Intod v. CA – fired guns into

empty bedroom, because the

intended victim was out of town

Jacinto v. P – Sales agent,

instead of turning over the check

to employer, gave it to a relative.

The check bounced. HELD:

impossible crime, because at the

time the petitioner stole the

check, there were no funds in the

bank. (Problem with this case:

What about postdated checks?Does not the check (paper) itself

have some value?)

o

Legal impossibility

There is intent and performance of a

crime, but the consequence could not

result into a crime.


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Even when completed, it would not

amount to a crime.

Ex. Stole a watch that turned out to be

his.

Ex. Offender saw a naked woman lyingon the beach. He inserted his penis into

his vagina. It turned out she was dead.

Impossible crime, because you cannot

rape a dead person.

Is an impossible crime a crime?

o No. But it is still punished because the law

intends to punish criminal

inclinations/tendencies.

What is the penalty for impossible crimes?

o

Under Art. 59 of the RPC, the imposable

penalty for impossible crime is arresto mayor

(correctional penalty).

o What is the potentially inequitable situation

arising from this penalty?

Supposing I saw a person on a bed,

and I punched him. He sustained slight

PI. But he turned out to be dead, so itwas an impossible crime.

Under Art. 266(3) of the RPC the

penalty is arresto menor for slight PI.

But for an impossible crime, the penalty

is arresto mayor. So if that person were

alive, the penalty would be less than if

he were dead!

Art. 5: Duty of courts to report

When does the court’s duty to report to the

President, through the DOJ, apply?

o 1. Acts which are not punishable by law, but

should be

o 2. Clearly excessive punishment

o N.B. in these cases, the court must still render

the proper decision notwithstanding the report.

Remedy is executive clemency, in case

of excessive penalties.

The court can simply recommend, but

not impose clemency, because it’s still

the Executive’s prerogative.

Article 5 does not apply to crimes defined by SPL,

because of the use of the words “degree of malice,”

etc.

This brings to mind B.P. 22, in relation to A.C. 12-

2000, as clarified by A.C. 13-2001:

o

S.C. noticed that people are using the courts

as collection agencies and are clogging up

dockets

o

So S.C. issued a circular dissuading peoplefrom filing B.P. 22, and for judges to just

impose fines

A.O. 08-2008, issued 25 Jan. 2008

o

Libel – imposable penalty is imprisonment or

fine

o According to the S.C., preference is fine over

imprisonment


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Art. 6: Stages of consummation

When is a crime consummated?

o

When all the acts necessary for its

accomplishment and execution are present.

o

The accused has reached the objective stage

of the offense as he no longer has control of

his acts, having performed all that is necessary

to accomplish the purpose.

In general, all the felonies in Book II are

consummated crimes. What is the exception?

o

Attempted or frustrated robbery with homicide

Why do we punish attempted stages?

o

Attempts are punished because there is just asmuch need to reform a person who has

unsuccessfully attempted to commit a crime

What are the elements of an attempted crime?

o 1. Commenced execution “directly, by over t

acts”

There must be an overt, external act

and there is crime intended to be

committed

There is direct connection to crimeintended to be committed – must have

an immediate and necessary

connection.

Ex. Merely opening a hole in the

wall of a bank is not yet

attempted robbery because there

is no overt act evincing robbery

yet. At most, it’s attempted

trespass.

It can be the first of a series of acts that

would produce the intended crime, as

long as the intended crime isestablished or known

Differs from preparatory acts, which are

just means or measures necessary to

produce the desired end.

Ex. surveillance

Ex. buying poison

Ex. conspiracy and proposal,

unless the law punishes the

conspiracy/proposal per se

o 2. But offender did not complete all acts of

execution to produce the felony

Still at the “subjective phase” of the

commission of crime – still has full

control of acts, and has not completed

the needed acts yet

o 3. Due to cause or accident other than

spontaneous desistance Is he is still in the subjective phase

an d he desists from committing the

crime, is he liable?

NO. He is not liable.

The reason for desisting need not

be legal or moral. It could be


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remorse or fear – as long as he

desists voluntarily.

But if he desists during the

objective stage, there is no

exculpation But may he be liable for any other

felony already committed apart from

that desisted from?

Yes.

What are the elements of a frustrated crime?

o

1. All the acts of execution needed to produce

the felony are present

So in the same way, the objective stage

has been reached

o 2. But it was not produced by reason of causes

independent of the perpetrator’s will

When does frustrated homicide/murder exist?

o

It is not enough to wound the other person.

The wound inflicted must be mortal. If it is not

mortal, then it is a mere attempt.

o Even if the accused believed that he inflicted a

mortal wound, but he did not, it is merelyattempted, not frustrated. The nature of the

wound controls, not the belief of the person.

What are crimes where no frustrated stages exist?

o

1. Rape

As long as the penis enters the labia

majora, it is already consummated

It is not the mere entry; the SC said that

the entry must be in relation with the

intent to have carnal knowledge of the

woman

If it is just in the mons pubis – justattempted. (“Bombardment of the

drawbridge, even if the troops do not

successfully enter the castle.” If no

intent, just acts of lasciviousness.)

o 2. Sexual assault

By analogy

o 3. Robbery

One is liable for consummated robbery if

one takes possession of the personal

property of the other, however brief it

may be.

o 4. Theft

No more frustrated theft, under same

ratio: no need to have disposed of

stolen property

o

5. Adultery

Essence of the crime is sexual

congress: so same principle as in rape

applies

o 6. Felonies by omission

No attempted or frustrated stage

o

7. Falsification of public document


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There is no attempted or frustrated

falsification of public document unless

the falsification is so imperfect.

o 8. Arson

The moment burning occurs, even for asmall portion only, the offense is

consummated

All overt acts prior to burning: attempted

stage

o 9. Corruption of public officials

When the offer is accepted by the public

officer, then the offense is

consummated

When the offer is rejected, then it is just

an attempt

What are formal crimes?

o

Those that are always consummated because

the offender cannot perform all the acts

necessary to consummate the offense without

consummating it.

o Examples of formal crimes?

1. Physical injuries Since their punishment is based

on result and gravity of injury

2. Slander

The moment the words are

uttered and heard by third

persons, the crime is

consummated.

Is there attempted or frustrated culpa?

o

No.

What if what was charged was the frustrated

stage and only the attempted crime was proved.

Can an accused be convicted? o Yes, the frustrated stage necessarily includes

the attempted stage. Same with consummated

crimes and attempted/frustrated stages.

Art. 7: light felonies

What are light felonies?

o

Those infractions of law where the penalty is

arresto menor or fine not exceeding 200 pesos

When are light felonies punishable?o

Only when they have been consummated

o Except those against persons or property

Who are punishable for light felonies?

o Only principals and accomplices.

o Accessories are not liable because light

felonies are punishable with arresto menor and

accessories are penalized two degrees lower

than the principal, which is non-existent in this

case.

How do you categorize reckless imprudence

resulting into slight PI?

o The crime of reckless imprudence is a light

felony, under the last paragraph of Art. 9 of the

RPC. Punishable only by public censure.


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Art. 8: conspiracy and proposal

When is there conspiracy?

o When two or more persons come to an

agreement concerning the commission of afelony and they decide to commit it.

What is proposal?

o

A person who has decided to commit a felony

proposes its execution to some other person or

persons.

Is conspiracy or proposal a felony?

o

No. Conspiracy under article 8 is not a felony,

because there is no penalty provided by law.

o

Article 8 is thus a mode of incurring criminal

liability.

o

Enumerate at least two felonies punished

pursuant to Article 8 as a felony per se:

Conspiracy to commit treason

Conspiracy to commit rebellion

o For the above acts, the mere conspiracy is

punishable. But the moment they actually

commit treason or rebellion, conspiracy losesits juridical personality and it becomes a mere

mode to commit a crime.

What is required to prove a conspiracy?

o

Same degree of proof to establish the crime, in

order to prevent finding someone guilty of a

crime except proof beyond reasonable doubt.

o

But it can be proved by indirect proof, such as

inferences from acts of the accused before,

during, and after the commission of the crime.

o These acts must indubitably point to or indicate

a joint purpose, concerted action, and singularinterest.

What is required to be done in order to become a

co-conspirator?

o Intentional participation in the transaction with

a view to furthering the common design.

o Except when one is a mastermind, he must

perform some overt art as a direct/indirect

contribution to the crime’s execution. The

overt act can be active participation, moral

assistance by being present at the scene of the

crime, or exerting moral ascendancy.

o

But merely being present is not sufficient to

prove conspiracy; it must be shown that there

is intent to provide moral support, etc.

What are the two types of conspiracy?

o 1. Express conspiracy

There is prior agreement

A conspirator is liable as long as he

appeared in the scene of the crime.

Except when he is the mastermind,

where it doesn’t matter whether he

appears or not, since he is a principal by

inducement


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Degree of actual participation is

immaterial: all conspirators adopt the

acts of the others

o 2. Implied conspiracy

Deduced from the acts of the offenders.The agreement to pursue a common

design and the unity of purpose is

instantaneous.

It is essential that the conspirator

participated in the commission of the

crime. Mere presence is not enough

because mere presence does not prove

intent to join the commission of the

crime, without prior agreement.

Three kinds of special conspiracy:

o 1. Wheel conspiracy – there is one person

(hub) and his underlings (stokes)

We have this. The others, not yet

recognized.

o 2. Chain conspiracy – using legitimate

enterprise to distribute narcotics

Ex. drugs

o

3. Enterprise conspiracy – Racketeer

Influenced and Corrupt Organizations (RICO)

What is the kind of conspiracy and connivance

contemplated in Article 157 (Evasion of service of

sentence)?

o

This is the situation where a convict or a

person escapes in connivance with another

person.

o The conspiracy or connivance in connection

with the crime committed here is an essentialcondition for the commission of said crime, in

connection with Art. 223 of the RPC (Infidelity

in the custody of prisoners). The penalty is

prision correccional in maximum period instead

of medium and maximum period.

What are the characteristics of conspiracy?

o 1. Singularity of intent

o 2. Unity in the execution of the unlawful

objective

Does Art. 8 apply to SPLs?

o

Generally, no; it does not apply to crimes

defined in SPL. However, if the SPL provides

that conspiracy to commit a crime under that

law is a crime in itself, then it is.

Ex. DDA, Sec. 26: conspiracy to commit

any of those crimes enumerated in that

section is a crime by itself (“sale,importation, distribution and conspiracy

to do such”)

Ex. Access device regulation, Sec. 11:

conspiracy to commit access devise

fraud is a crime


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Ex. Anti-terrorism law: conspiracy to

commit terrorism is a crime punishable

with 40 years of imprisonment

o If there is no provision in the SPL, Art. 8 can be

considered a mode to commit that crime.

Two or more persons who conspire to

commit a crime of BP 22 liable under

Art. 8 of the RPC (Andan v. P)

Recall the controversial Tigoy case re:

conspiracy to violate the Forestry Code

Does Article 4, par. 1 apply to Article 8?

o Yes. Each conspirator is responsible for

everything done by his confederates, which

follow incidentally in the execution of the

common design, as one of its probable and

natural consequences even though not

intended as part of the original design.

o Conspirators are held to have intended the

consequences of their act, by engaging in

conspiracy. So, liability extends to collateral

acts incident to and growing out of the

conspiracy.

o X and Y agreed to rob the victim only. But

he resisted and X killed the victim. What

crime did X and Y commit?

HELD: All the conspirators, thus both X

and Y, are guilty of robbery with

homicide.

o What if one of the co-conspirators (ex.

robbers) prevented the others from

committing the extra act of homicide or

rape?

HELD: He is only liable for robbery only,and not homicide and rape. It does not

matter if he succeeds in preventing

them of not.

o X, Y, and Z committed robbery. After they

all escaped, X a car and carnapped it after.

HELD: Only he was liable for

carnapping because it’s not intended as

part of the plan and is not incidental to

the common design.

Conspirators are necessarily liable for

the acts of another conspirator unless

such act differs radically and

substantively from that which they

intended to commit.

Until when does conspiracy last?

o Conspiracy continues until the object is

attained. Conspiracy is a continuing event,

unless in the meantime, they abandon the

conspiracy or the conspirators are arrested.

X and Y agreed to commit robbery and decided to

commit it. X stabbed the victim and ran. Y did

not run and he was caught. Defense: he was not

guilty of the crime, because he desisted when he

did not run. Is the defense tenable?


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o HELD: The mere failure or refusal to flee after

the commission of the crime does not amount

to a disavowal of the conspiracy. There must

be an overt act to disassociate oneself from the

conspiracy. Relate conspiracy with aggravating

circumstances of evident premeditation and price:

o

Evident premeditation only applies for express

conspiracies. It does not apply to implied

conspiracies, because these are spontaneous.

o Price applies to the co-conspirators acting as

offeror and acceptor.

Does the laxity of a public officer in investigating

or prosecuting indicate that he is a co-

conspirator?

o

Not per se. It must be shown that he had

foreknowledge and participation in the plan in

the first place.

What are the possible liabilities of a head of office

when his subordinates are able to conspire to

commit a crime?

o

1. Conspiracy (if he is aware of the design andagreed to it)

o

2. Culpa – in this case, he is not part of the

conspiracy because there can be no

conspiracy by culpa

o What is the Arias doctrine?

The head of office can rely to a

reasonable extent on his subordinates

and their good faith. There has to be a

special reason why he should examine

acts or papers in detail. There is no

negligence/culpa if he fails to examine

an error because of the sheer amount ofpaperwork that passes through his

hands.

Art. 9: severity of felonies

Classify felonies as to severity:

o

1. Grave felonies

Capital punishment

Afflictive penalties in any of its periods

(prision mayor to reclusion perpetua)o 2. Less grave felonies

Correctional penalties in their maximum

period (destierro, suspension, arresto

mayor, prision correccional)

o

3. Light felonies

Arresto menor

Fine not exceeding P200

N.B. but in Article 26, a fine of P200 is

already a correctional penalty What is the relevance of knowing this

classification?

o

1. Complex crimes require grave or less grave

felonies

o 2. To determine the duration of the subsidiary

penalty


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o

3. To determine the duration of detention in

case of failure to post the bond to keep the

peace

N.B. but there is no crime that requires

a bond to keep the peace o

4. Different prescriptive periods

o

5. To determine whether there is delay in the

delivery of the detained persons to the judicial

authority

o 6. Penalty for quasi-offenses (Art. 365)

Art. 10

What is the relationship between RPC provisions

and SPLs?o In general, RPC provisions do not apply.

o

But the RPC is supplementary to the SPL,

unless provided otherwise.

What if the penalty provided by an SPL follows

RPC nomenclature?

o

The RPC applies suppletorily, ex. mitigating

circumstances.

R.A. 9165, amended by 9344; Dangerous Drugs

Act – “provisions of RPC shall not apply to violationsof DDA, except in the case of minor offenders”

o Reclusion perpetua, not L.I.

o

Penalty may be reduced by 1 or 2 degrees

under Art. 63

What does the Anti-hazing law provide as re:

praeter intentionem?

o

Sec. 4 provides that praeter intentionem does

not apply as a mitigating circumstance for

violation of Anti-Hazing law

o The law also enumerates who will be deemed

principals, etc. What does the anti-terrorism law provide as re:

the relationship of its penal provisions and RPC

provisions?

o

Conviction of a person under said law

constitutes a bar to the prosecution of that

person under the RPC or another SPL for the

predicate crime

What does R.A. 7610 – Child abuse law, Sec. 10

provide?

o

Where the victim of murder, homicide,

intentional mutiliation, or SPI is under 12 years

old, the penalty shall be reclusion perpetua

VAWC: If the offender commits act of physical

violence and there is intent to kill, what is the

punishment?

o Crime is NOT violation of physical violence

provision under VAWC but attempted,frustrated, or consummated parricide,

homicide, or intentional mutilation

CIRCUMSTANCES AFFECTING LIABILITY

Art. 11: justifying circumstances


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Are complete self-defense and other provisions

under Art. 11 (justifying circumstances)

absolutory causes?

o Yes, because the accused is not deemed to

have committed a crime. An absolutory causemeans that the accused does not incur criminal

liability.

Is Article 12 an absolutory cause as well?

o

No. There is technically a crime, although the

person is exempt from liability. The basis here

is that the person is not acting with complete

intelligence. There is no mens rea.

What are other absolutory causes?

o

1. The offender was instigated

Differentiate instigation from

entrapment:

In entrapment, the idea of the

crime comes from the

lawbreaker. Thus, this is not

absolutory. The peace officer is

without criminal liability.

o

Ex. buy-bustoperations

In instigation, the idea of the

crime is induced in the mind of

the lawbreaker. It is absolutory

due to public policy. The peace

officer is a principal by

inducement.

o

2. Spontaneous desistance in the attempted

stage

o 3. Attempted or frustrated light felonies, except

against persons and property

o

4. Accessories in light felonieso

5. Accessory relatives who help relatives

escape (Art. 20)

o

6. Art. 247 – death under exceptional

circumstances

o 7. Certain relatives in estafa, theft, malicious

mischief

o 8. Somnambulism

o

9. Mistake of fact ( Achong)

o

10. Repeal of penal law, whether absolute or

modification

What is the nature of self-defense?

o

Self-defense is an act to save life; thus, it is an

act, not a crime.

o There is no such thing as accidental self-

defense because it contemplates intent by the

defending party.

What does self-defense include?o

Defense of body and limb

o

Rights as person, including honor

o Property and liberty

If the accused in arraignment pleads self-defense,

is he making a judicial confession?

o It is NOT a judicial confession, but just a

judicial admission. He does not admit penal


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liability. He is merely admitted that he killed

the victim.

If the accused admitted killing the victim and

pleads self-defense, is the burden of proof shifted

to accused?o No. The burden of proof never shifts; only the

burden of evidence shifts. (Although Boado

seems to have mixed up these terms because

she says that the burden of proof shifts.)

What are the requisites of self-defense?

o

1. Unlawful aggression

o 2. Reasonable means necessary to repel it

o 3. Lack of sufficient provocation by the

defender

What is ABSOLUTELY necessary out of these?

o

Unlawful aggression. Without it, even if the

two others are present, there can be no

complete or incomplete self-defense.

If it is unlawful aggression alone, then it

is an ordinary mitigating circumstance.

If it is unlawful aggression plus one

other, then it is a privileged mitigatingcircumstance.

o What is the nature of needed unlawful

aggression?

It must continue up until the act of self-

defense, because once it ceases, the

offender can no longer invoke self-

defense.

If there is no more unlawful aggression,

the “self -defense” is just mere retaliation

and thus invalid.

What if the other two are missing?

o

There is incomplete self-defense and thus it is just a mitigating circumstance, not justifying.

How is unlawful aggression defined?

o

Actual peril to one’s life, or merely a threat, but

real and imminent.

Is slapping unlawful aggression?

o

Yes. It is unlawful aggression against his

honor. The face of a person is akin to his

dignity, honor, etc.

What is the effect of presence of multiple wounds

on the victim in a claim of self-defense?

o The nature of wounds belies a claim of self-

defense because it shows a determined effort

to kill the victim, and not mere self-defense.

Compare P v. Jaurige and P v. De la Cruz as re:

reasonable means:

o BOTH cases involved defense of honor.

o

Jaurige: mere touching of thigh, in church, indaylight. She killed him with fan knife. No self-

defense appreciated. The means used were

not reasonable.

o

De la Cruz: groped in dark alley. Killed with

knife. Allowed to exercise self-defense.

o THUS, whether means are necessary is case-

to-case.


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o What do you consider?

1. Whether the aggressor was armed

2. The nature and quality of weapon

used

3. Physical conditions and sizes of theparties involved

What is the “rational equivalence” rule in

reasonable necessity?

o

The law does not demand material

commensurability between the means of attack

and defense. So this doctrine considers the

nature of imminent danger, and instinctual

actions. Note that a person in peril will not act

as rationally as normally expected.

What is the rule when a person is attacked?

o

Not anymore “retreat to the wall”; now, it is:

“Stand your ground when in the right.”

If two people agree to fight, is there valid claim of

self-defense?

o No, because there is an agreement. There is

no unlawful aggression.

o

What is the exception? When they agreed to fight, but one

attacked ahead of the agreed time.

What is the extent of defense of property rights?

o May use such force as reasonably necessary

to prevent or repel the unlawful physical

invasion of his property. This does not seem to

involve the taking of human life.

o

Dissent of P v. Narvaez: in order to defend

against the person, there must be aggression

not just against property rights but also against

the person of the owner.

o

Correlate this with Art. 429 of the Civil code, orthe doctrine of self-help.

When is there sufficient provocation?

o

Provocation is sufficient if it is sufficient to

incite the person to attack.

Is Art. 247 an absolutory cause?

o

Yes. Because the only imposed “penalty” is

destierro. And that this is more of protection

for the one who killed.

o

NOTE: differentiate Art. 247 from cases where

Self-defense under Art. 11 applies, even if the

situation is the same (catching spouse in

sexual congress)

Ex. Husband caught wife in sexual

congress. The wife, caught, wanted to

kill him, so he took the knife and killed

his wife.

The accused arrived and saw his wife in the act ofsexual intercourse. The paramour ran and the

wife dressed up. Gonzales went out. When he

got back, he heard rustling leaves. He saw the

paramour and the wife, who was putting on her

panties. He stabbed his wife. Can the husband

invoke 247? (P v. Gonzales)


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o

HELD: You cannot invoke 247 because at that

time, she was already putting on her panties,

not in actual sexual intercourse. (P v.

Gonzales)

o

DISSENT: follow this – You are unfairlypunishing him if we strictly apply the law. But

what can you deduce from the fact that she

was wearing her panties from a naked state. It

is asking too much to actually catch them in the

act of actual sexual congress.

Can one invoke Article 11 in Article 247 cases?

o Suggestion: Husband also has right to invoke

his honor and defend it, so Art. 11 can be

invoked by the one discovering the sexual

congress. He can also invoke 247, obviously.

o Prefer 11 over 247, because the latter results

in destierro. It is not a penalty, but a limitation

of his liberty.

Can you invoke Art. 247 if there is mistake of fact?

o

Yes. Apply the Achong doctrine by analogy.

o Example: The husband saw movement of

buttocks, but the paramour’s penis hasn’t

entered his spouse’s vagina yet.

Are the RPC provisions applicable to VAWC?

o

Yes. Recall Art. 10: how RPC provisions apply

suppletorily, unless provided otherwise.

o Under RA 9262 (VAWC), Art 47: “RPC

provisions supplement the VAWC law.”

o

The VAWC law even uses RPC terms for

penalties:

SPI: P.M.; LSPI: P.C., Slight PI: A.M.

What are the circumstances in P v. Genosa?

o

The SC recognized the Battered WomanSyndrome. But there was no RA 9262 then yet

so it’s still not an absolutory cause.

o

The SC did not appreciate ordinary self-

defense because the threat to the woman’s life

has already ceased. There was no more

unlawful aggression.

o But the SC appreciated the following mitigating

circumstances:

1. Passion and obfuscation

2. Diminished will power

What is the Battered Woman Defense under RA

9262?

o

The Battered Woman Syndrome (BWS) is a

justifying circumstance, notwithstanding

absence of any requisites of self-defense.

o The woman incurs neither criminal nor civil

liability.

o

The defense is separate from and independent

from self-defense.

Who is a battered woman?

o One repeatedly subjected to forceful physical

or psychological behavior by a man with whom

she has an intimate relationship with in order to

coerce her to do something he wants.


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o

The cycle has to happen at least twice: 1.

Tension-building phase, 2. Acute battering

incident, 3. Tranquil, loving phase.

What are the characteristics of the BWS?

o

1. The woman believes the violence was herfault

o

2. inability to place responsibility for the

violence elsewhere

o

3. She fears for her and her children’s lives

o 4. Irrational belief that offender is omnipresent

and omniscient

What are the requisites of defense of relative?

o 1. Unlawful aggression

o

2. Reasonable necessity of the means

employed to prevent or repel it

o

3. In case of provocation given by the person

attacked, the defender must have had no part

therein

o Who are the relatives under this provision?

Spouse, ascendants, descendants,

legitimate, natural, and adopted siblings,

or relatives by affinity within the same

degrees

Relatives by consanguinity until the

fourth degree

Anyone beyond this enumeration:

defense of stranger

What are the requisites of defense of strangers?

o 1. Unlawful aggression

o

2. Reasonable necessity of the means

employed to prevent or repel it

o 3. Person defending is not motivated by

revenge, resentment, or other evil motives

What are the requisites of state of necessity as ajustifying circumstance (Art. 11, par. 4)?

o

1. The evil sought to be avoided actually exists

o

2. The injury feared is greater than that done to

avoid it

o 3. There is no other practical and less harmful

means to prevent it

o What if the party invoking state of necessity

is responsible for the peril?

Cannot invoke this defense.

o What is the injury contemplated under

requisite number 2?

This is a broad concept. It can be

against property, liberty, etc.

What is the rule on civil liability for acts in the

state of necessity?

o Those who were benefited by the act

performed are liable to those to whom injury is

caused. Note that this is a purely civil liability

and does not arise from criminal liability.

What are the requisites of lawful exercise of right

or duty (Article 11, par. 5)?

o 1. Act out of duty or office

o 2. Injury caused is the consequence of the

performance of that duty or right


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What is the limitation on the performance of

duties?

o It must be exercised neither capriciously nor

oppressively, and within reasonable limits.

There must act with sound discretion.o X was a deranged man who was already

incapacitated by the police from doing

further harm. Y, one of the policemen,

seeing X lying on the ground, shot him

further on the forehead. Can Y invoke

performance of duty?

No. The act performed was

unreasonable and excessive.

Can a policeman invoke SD and performance of

duty at the same time?

o

Yes.

o

An example is when a policeman saw one

person about to shoot another. The policeman

gave a warning and the offender pointed the

gun at the policeman. The policeman shot the

offender. He was both defending himself and

performing his duty in preventing the other

person from being shot.

What are the requisites of obedience to superior

order?

o 1. An order has been issued by a superior.

o 2. The order is for a legal purpose

o 3. The means used to carry out the order were

lawful

o What if the order is illegal?

Cannot follow the order unless it is

apparently legal and the subordinate did

not know it was actually illegal.

Art. 12: exempting circumstances

What are the exempting circumstances?

o

1. Imbecility or insanity

o

2. Minority

o

3. Accident

o

4. Compulsion of irresistible force

o 5. Impulse of uncontrollable fear

o 6. Insuperable or lawful cause

What are the characteristics of exemptingcircumstances?

o The act is criminal, but the criminal is exempt

from criminal Liability

o

But there is civil liability

o

The emphasis is the actor, not the act

What is insanity?

o

There is a complete deprivation of intelligence

in committing the act, and so there is complete

absence of ability to discern. o

Not mere abnormality of mental faculties or

mere frenzy due to anger.

When should insanity exist?

o

In the period immediately before or at the

precise moment of doing the act.


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o

His mental condition after doing the act is

inconsequential.

o Note that there is a presumption of sanity and it

must be disproved beyond reasonable doubt.

What does it indicate when the actor surrenderedto the police after committing the crime?

o

There is discernment because remorse is

inconsistent with insanity

What if the insanity occurs after the commission

of the crime?

o

Refer to Art. 79, which provides that one who

becomes insane or imbecile after final

sentence will have the sentence suspended as

to the personal penalty. He will only be

sentenced when reason is regained.

What if there is no complete impairment or loss of

intelligence, and just a partial one?

o

It is just a mitigating circumstance: illness that

would diminish exercise of will-power without

depriving consciousness of his acts

o A common example is schizophrenia: there is

no complete deprivation of intelligence, but

there is difficulty distinguishing fantasy from

reality

How is mental condition of an accused

determined in trial?

o The judge must order the examination of the

accused by a medical expert. The judge

cannot do it alone, because he is not an expert

on this matter.

Under RA 9344, how are minors classified?

o Children at risk are those vulnerable to and at

the risk of committing criminal offenses due topersonal, familial, and social circumstances.

o

Children in conflict with the law are those

accused of or adjudged as having committed

criminal offenses.

What are the benevolent features of RA 9344?

o

Age 15 and below = age of absolute

irresponsibility

Exempt from criminal liability

Subject to intervention program

o

Age over 15 and under 18 = criminally liable

only where there is discernment

No liability if there is lack of

discernment. Also subject to

intervention program.

Liable if there is discernment. However,

he will under a diversion program.

o Is the minor over 15 but below 18 acting

with discernment still entitled to the

privileged mitigating circumstance under

Article 68(2)?

Yes. RA 9344 did not change this.

What are the diversion programs for those over 15

but below 18 acting with discernment?


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o

Note: these are without going through court

proceedings

o 1. When the penalty of the crime is not over 6

years:

Crimes with victims: Diversion program before law

enforcement officer or punong

barangay

Involves mediation, family

conferencing, conciliation with

child and parents/guardians

Crimes without victims:

Diversion program before the

local DSWD officer, with child

and parents/guardians

o

2. When the penalty of the crime exceeds 6

years:

Diversion is before courts

In case the penalty is not more than 12

years or just a fine, the court can

determine whether diversion is

appropriate or not

o

3. If the offense does not fall under any of the

above or the child or parents/guardian does not

consent to diversion, the one handling the case

forwards the records to the prosecutor or court

within 3 days – and then the case is filed

according to regular process

Can a child be detained pending trial?

o

Yes, but only as a last resort and only for the

shortest possible period of time. The

authorities can resort to alternative measures

such as close supervision, intensive care, or

placement with a family/educational setting. What is the rule on automatic suspension of

sentence?

o

Children below 18 at the time of commission of

the crime found guilty of the offense are placed

under suspended sentence without need of

application. The court then determines and

imposes the appropriate disposition measures

afterwards.

o

What if the then-child is over 18 years oldupon the pronouncement of guilt?

It doesn’t matter; there is still suspended

sentence.

o What if the child reaches 18 while under

suspended sentence?

The court determines whether to:

1. Discharge the child

2. Order execution of sentence

3. Extend suspended sentence for a

certain period, or until he reaches the

maximum age of 21

o What if the child undergoes period of actual

detention or commitment?

It will be credited in full.

What is the provision on probation?


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o

Upon application at any time, the court can

place the child on probation in lieu of service of

sentence. (This amended the Probation Law)

What is a status offense and how is it treated

under the law? o Any conduct which is not an offense when

committed by an adult will not be considered

an offense and is thus not punished if

committed by a child.

o Ex. curfew laws

Did Ra 9344 retroact?

o Yes, it retroacted to pending cases and those

minors already convicted.

Under 9344, the minor is still exempt from specific

offenses even if he or she acted with discernment.

What are these?

o

1. Vagrancy

o

2. Prostitution

o

3. Mendicancy

o 4. Sniffing rugby

o What happens?

These persons would undergo

appropriate counseling and treatment

program.

When is a child in conflict with the law subject to

preliminary investigation and filing of

information?

o 1. Child does not qualify for diversion

o

2. Child or parents/guardians do not agree to

diversion

o 3. Prosecutor determines that diversion is not

appropriate for the child, considering

assessment/recommendation of the socialworker

Who are the minors disqualified from suspension

of sentence?

o

1. One who once enjoyed suspension of

sentence already

o 2. Convicted for offense punishable by death or

life imprisonment

Note: “punishable” need not be “actually

punished” especially since the death

penalty has been abolished

o What was the ground under PD 603 that

was repealed by RA 9344?

When the child is already 18 upon

promulgation of sentence. This is

impliedly repealed by the provision

stating that under RA9344, the age of

commission of the crime is the

determination of suspension of

sentence, and not the age during

promulgation of the judgment.

After suspension of sentence, what is the

disposition order?

o After sentence, the court sets disposition

conference within 15 days from promulgation


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Minor, parents/guardian, and social

worker are present

o Can issue:

1. Care, guidance, and supervision

orders

2. Drug and alcohol rehab

3. Participation in group counseling and

the like

4. Commitment to youth rehab center of

DSWD/other centers

When there is doubt if the person is a minor or

not, what is the appropriate proceeding?

o There is presumption of minority.

o

File for summary proceeding in Family Court.

What if the minor was alleged as a co-

conspirator?

o

The presumption of acting without discernment

still applies.

o Evidence of conspiracy does not automatically

mean the minor acted with discernment in the

commission of the crime.

May the presumption still apply even if the

allegation was reckless imprudence under Art.

365?

o

Yes. (Jarco Marketing case)

What is the definition of discernment?

o When the minor is able to distinguish whether

his act is moral or licit or not..

o

The utterances of a minor and overt acts

preceding crime, and nature of weapon is

evidence of discernment.

S.C. AM 02-1-18:

o

If the minor committed a crime and the time thelaw took effect, he was already 21, can he

enjoy the benefit of suspension of sentence

If a minor is charged with a heinous crime

punishable by death or RP-death, is he entitled to

suspension of conviction?

o Yes. Ubi lex non distinguit, nec non distinguire

debemos.

What are the requisites of accident?

o

1. performing lawful act with due care

o 2. causes injury to another

o

3. without intent or negligence

What if there is negligence?

o

Article 365 applies: quasi-crime of reckless

imprudence

o Accident and negligence are mutually

exclusive.

o

What is the difference between accidentand negligence?

Accident – without fault of the human

being. Cannot be anticipated.

Negligence – when there is some

degree of fault in the person


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o NOTE: Under Art. 365, the court will not

consider Art. 13 and 14 in imposing the penalty

because this crime is NOT intentional.

What are the elements of irresistible force?

o

1. Force is physical and must come from anoutside source

o

2. The accused acts not only without a will but

even against his will, reduced to a mere

instrument

o 3. The duress, force, fear, or intimidation

present is imminent and impending, as to

induce well-grounded fear of death or serious

bodily injury

Thus, the fear must not be speculative,fanciful, or imagined

What are the elements of uncontrollable fear?

o

1. Threat which caused the fear of an evil

greater than or equal to the act accused was

required to commit

o 2. The evil promised was of such gravity and

imminence that an ordinary man would

succumb to it

o

Ex. X is a hostage who decapitated his fellow

hostage Y because their captors threatened to

kill X.

What is an insuperable cause?

o It applies to felonies by omission – where the

failure to do so is due to a lawful or insuperable

cause.

o

A common example is failure to comply with

art. 125 of the number of hours when a person

arrested must be delivered to judicial

authorities, when there is a long holiday or the

judicial offices are not open, or there is acalamity/accident that met them.

Art. 13: mitigating circumstances

What are the mitigating circumstances?

o

1. Incomplete justifying and exempting

circumstances

o 2. Under 18 or over 70

Correlate with RA 9344

o

3. Praeter intentionem o 4. Sufficient provocation or threat by the

offended party preceded the act

o

5. Proximate vindication of grave offense

o

6. Passion or obfuscation

o

7. Voluntary surrender or voluntary confession

prior to prosecution’s presentation of evidence

o 8. Physical defect restricts means of action,

defense, communication

o

9. Illness diminishes will-power withoutcomplete deprivation of consciousness

o

10. Analogous circumstances

No similar provision for aggravating

circumstances

If the criminal is 80 years, is there a mitigating

circumstance?


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o

P v. Austria 27 June 2000 – the accused was

charged with rape. He was already 83 years

old. His defense was erectile dysfunction. He

was convicted, but the SC applied the old age

as a mitigating circumstance. So far, this is theonly case where this case was applied.

Must mitigating circumstances be alleged in the

information?

o

No.

How are mitigating circumstances classified?

o

1. Ordinary – enumerated in Art. 13 and some

SPLs

If there is one, penalty lowered to

minimum period

If there are two or more ordinary

mitigating circumstances, the penalty is

lowered by one degree

Can be offset by generic aggravating

circumstances

Not considered when the penalty is a

single indivisible penalty (i.e. only RP

now)

o

2. Privileged

Lowers imposable penalty by one or

more degrees

Cannot be offset by any aggravating

circumstance

Even if the penalty is single and

indivisible, it is imposed

o

3. Specific – applies to specific felonies

Ex. concealment of dishonor in case of

abortion by pregnant woman

Ordinary Privileged Specific

Lower tominimum period

Lower by one ormore degree

To specificfelonies only

If 2 or more,lower by one ormore degree

Can be offset byACs

Cannot be offsetby ACs

Cannot beimposed onindivisiblepenalties

Can be imposedon indivisiblepenalties

In incomplete justifying and exempting

circumstances, what are the requisites that must

always be present?

o 1. For self-defense, unlawful aggression

o 2. For accident, due care and lack of fault

When is incomplete justifying or exemptingcircumstance an ordinary mitigating

circumstance? When is it a privileged mitigating

circumstance?

o Ordinary if there is only one element or there is

no majority of required elements

o Privileged if there is majority, but not all, of

required elements


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What is the nature of minority as a mitigating

circumstance?

o It is always a privileged mitigating

circumstance

o

It applies to those over 15 but below 18 whoacted with discernment reduce the penalty

to the next lower penalty, in the proper period

When can praeter intentionem not be invoked?

o RA 8049 – lack of intent to commit so grave a

wrong as committed CANNOT be invoked by

accused in hazing incidents.

Can lack of intent to commit so grave a wrong as

that committed be invoked in malversation?

o

YES. Ex. The petitioner was a municipal

treasurer, and the audit team discovered he

was short P72000 of funds. After a few

months, he returned the money he “borrowed.”

o

Note: the SC also applied a mitigating

circumstance analogous to voluntary surrender

in this case.

What other rule must be taken into account vis-à-

vis praeter intentionem?

o

Art. 4(1) – presumption that person intends all

the natural and logical consequences of his

felony.

o How to resolve: the means employed and the

result must be so disparate that the result is

not the logical and natural consequence of the

means

o

Ex. X used a lead pipe to hit victim on the

eyebrow, and the victim died. SC refused to

apply the mitigating circumstance of lack of

intent to commit so grave a wrong as that

committed. o

P v. Pugay: (gasoline burning case) SC also

applied Art. 13(3), because the intent was less

than the material act committed.

What if two persons conspire to commit a felony,

and one intended to commit the grave wrong as

that committed, while the other did not?

o The conspirator who did not intend to commit

so grave a wrong as that committed cannot

invoke the mitigating circumstance. o BUT if both of them did not intend to commit so

grave a wrong as that committed, then both

can invoke the mitigating circumstance.

Can both treachery and Art 13(3) be invoked

together?

o Yes. Treachery refers to the manner or

method used to kill the victim, while praeter

intentionem refers to the state of mind of the

person. They may co-exist.

Can praeter intentionem be invoked for culpable

felonies?

o No. Obviously “intentionem” requires intent in

the first place, just that the intent did not match

the result.

What are the elements of sufficient provocation?


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o

1. Sufficient

Merely shouting at the accused and

asking the latter to leave is NOT

proportionate to the latter killing the

former.

Need not constitute unlawful aggression

under Art. 11; the threshold here is

lower.

Need not be put in words; can be in

action.

Ex. entering another’s property

and then starting to gather the

latter’s crops.

o

2. Immediately preceding the commission ofthe crime

This actually means “immediate,” not

like grave vindication which just requires

proximity

o 3. Originate from the offended party

If provocation and passion/obfuscation are based

on the same facts, is the accused entitled to two

separate mitigating circumstances or only one?

o

Only one. The accused is only entitled to only

one mitigating circumstance, because both are

based on the same facts.

o Same rule between vindication of grave

offense and sufficient provocation.

What is “immediate” in “immediate vindication of

grave offense”?

o

Proximity. It need not immediately precede the

act, but there must be no lapse of sufficient

time.

o How sufficient is sufficient time?

If there was only a gap of 30 minutes,still okay.

P v. Palabrica: 1 day lapse is not okay.

P v. Ignas: only said “hours” – still okay.

What is “grave offense”?

o “Grave offense” in this provision is different

from grave offense under Art. 9. Grave offense

under this provision might not even be a felony

at all. It usually is an assault to honor.

o

When is an offense grave? 1. Determine social standing of parties

2. Determine place and time and

occasion when offense committed

o Grave offense even includes an insult

“You are living at the expense of your

wife!” – appreciated as grave offense

o In a case, hitting someone with a bamboo stick

is not a grave offense.

X’s son eloped with Y’s daughter. At that time, it

was really deemed a dishonor. Y looked for his

daughter for three days . Y sought revenge

against X’s son and killed him. Is this vindication

of grave offense? (P v. Diokno)


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o

The SC said that it was. Even if three days

lapsed, the act of elopement was deemed

continuous, and the effect was still there.

o NOTE: This case may be a product of its time.

Now, this situation is pretty ordinary already.So this case may be archaic already.

What is necessary for passion or obfuscation to

be considered?

o

It must arise from lawful sentiments of the

accused. The offended party must have done

an act unlawful and sufficient to excite passion

or obfuscation

o It must not come from lawlessness or revenge,

or an illegitimate relationship Bello: EXCEPTION. He lived with

common law wife for 10 years. Bello

supported her for 10 years. After, the

common law wife wanted out, and

wanted to live with another man. Bello

killed her. “Eh wala ka namang ibubuga

talaga eh.” SC HELD: Passion and

obfuscation. Although the relationship

was illegitimate, nevertheless, the victim

was ungrateful.

How much lapse of time is allowed for passion

and obfuscation to be appreciated?

o P v. Ventura: Although passion and

obfuscation may arise from jealousy, since

there was a lapse of 1 week, accused was

expected to recover his equanimity.

Can vindication of grave offense co-exist with

passion or obfuscation?

o

No. If they arise from the same facts, only onewill be ap

Documents

130700978 Criminal Law Reviewer Ateneo 2011 PDF