7/29/2019 Crim - Art 13

1/4

RA 9344 Juvenile Justice and Welfare act of 2006

1. The youthful offender is a child in conflict with the law who is alleged as, accused of, or adjudged as, having committed an offense under Philippinelaws (Sec. 4). Before becoming such, he may have been a child at risk who is vulnerable to and at the risk of committing criminal offenses because

personal, family and social circumstances, such as sexual, physical and other kinds of abuses, abandonment, dysfunctional or broken family and the

likes.

2. A child 15 years or under at the time of the commission of the offense shall be exempt from criminal liability. However, he shall be subjected to anintervention program pursuant to sec 20 of RA 9344.

3. A child over 15 but below 18 shall likewise be exempt from criminal liability and be subjected to intervention program unless he acted withdiscernment in which case he shall be subjected to diversion program under Sec 23 of the law.

4. RA 9344 has modified the provision of Art 86 of the RPC for the youth 15 or under is no longer entitled to 2 degrees reduction of penalty but hasbecome absolutely exempt from criminal liability.

5. Aside from exemption from criminal responsibility due to minority, children under 18 are exempt from the ff offenses:a. Status offenses or any conduct not considered an offense and not penalized if committed by an adult shall not be considered an offense and

shall not be punished if committed by a child. Eg. Drinking liquor, violation of curfew hours etc.

b. Vagrancy [The condition of an individual who is idle, has no visible means of support, and travels from place to place without working.] andprostitution under Art 202 of the RPC.

c. Mendicancy [one who obtains his livelihood by asking alms] under PD 1619.d. Snuffing rugby under PD 1619.

The child however shall undergo appropriate counseling and treatment program.

6. Both Art 47 and RA 9344 exempt all minors from the death penalty. These are superfluous provisions as minority is privileged mitigatingcircumstance requiring the deduction of the penalty on the minor to at least 1 degree lower.

7. Discernment is not relevant to intent but to intelligence. While there may be discernment, it does not necessarily mean that the minor intended thecrime. If intent is not proved, the minor will be acquitted from the offense charged.

8. The allegation that the minor committed the imputed acts with intent to kill has been held as sufficient compliance to the requirement oallegation in the information that the child had acted with discernment.

9. PAR 4 - For accident to be appreciated, the ff must concur:a. The accused was performing a lawful act with due care;b. The injury is caused by mere accident;c. There was no fault or intent of causing the injury.This is because when the act is with fault, it will fall under culpa; when with intent it will become an intentional felony. The accident must not be

foreseeable or there will be fault or criminal negligence.

10. The basis of exemption from criminal liability for accident is the lack of criminal intent. For an accident to become an exempting circumstance, theact has to be lawful.

11.

Accidents must be proven by clear and convincing evidence.12. An accident is an occurrence that happens outside the sway of our will, and although it comes about through some act of our will, lies beyond the

bounds of humanly foreseeable consequences. It connotes the absence of criminal intent.

13. Negligence is the omission to do something which a reasonable man, guided by those considerations which ordinarily regulate the conduct of humanaffairs, would do, or doing of something which a prudent and reasonable man would not do.

14. PAR 5. Irresistible force has the ff elements:a. The force must be physical, must come from an outside source, and the accused must act not only without a will but also against his will.b. The actor must be reduced to a mere instrument, such that the element of freedom is wanting.c. The duress, force, fear or intimidation must be present, imminent and impending, and of such a nature as to induce a well-grounded fear of

death or serious bodily injury if the act is not done.

15. The elements ofimpulse of uncontrollable fear are:a. Threat which caused the fear of an evil greater than or equal to that which the accused was required to commit;b. It promised an evil of such gravity and imminence that the ordinary man would have succumbed to it.

The impulse of uncontrollable fear and irresistible force are the same. They are both grounded on duress or complete absence of freedom of

action or of the will of the actor who has been reduced to a mere instrument of the offender.

16. PAR 7 Insuperable cause is an exempting circumstance which applies to felonies by omission, the law imposes a duty on the offender to performan act but his failure to do so is due to a lawful or insuperable cause. Eg. Boat use for transferring a criminal.

Intent presupposed the exercise of freedom and the use of intelligence. Hence in par 1-3 of Art 12, the imbecile insane or minor, not having

intelligence, does not act with intent. The person acting under any of the circumstance mentioned in par 5 and 6, not having freedom of action, doe

not act with intent. In par 4, it is specifically stated that the actor causes injury by mere accident without intention of causing it.

Complete defenses in criminal cases:

1. Any of the essential elements of the crime charged is not proved by the prosecution and the elements proved do not constitute any crime.2. The act of the accused falls under any of the justifying circumstance (Art 11).3. The case of the accused falls under any of the exempting circumstance (Art 12).

7/29/2019 Crim - Art 13

2/4

4. The case is covered by any of the absolutory causes:

a. Spontaneous desistance during attempted stage (Art 6), and no crime under another provision of the Code or other penal law is committed.b. Light felony is only attempted or frustrated, and is not against persons or property (Art 7).c. The accessory is a relative of the principal (Art 20).d. Legal grounds for arbitrary detention (Art 124).e. Legal grounds for trespass (Art 280).f. The crime of theft, swindling or malicious mischief is committed against a relative (Art 332).g. When only slight or less serious physical injuries are inflicted by the person who surprised his spouse or daughter in the act of sexual

intercourse with another person (Art 247).

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

5. Guilt of the accused not established beyond reasonable doubt.6. Prescription of crimes (Art 89).7. Pardon by the offended party before the institution of criminal action in crime against chastity (Art 344).RA 9262 Anti-Violence against Women and their Children

1. Violence against women and their children covers any act to series of acts against a persons wife, former wife or one with whom he h as or hadsexual or dating relationship, or against her child which or is likely to result in physical, sexual, psychological harm or suffering, or economic abuse

including threats of such acts, battery, assault, coercion, harassment or arbitrary deprivation of liberty.

2. Battery is inflicting physical harm upon the woman or her child resulting to the physical and psychological or emotional distress.3. Stalking is the intentional act by one who knowingly and without lawful justification follows a woman or her child or places them under surveillance

directly or indirectly or a combination thereof.

4. Dating relationship is a situation wherein unmarried parties live as husband and wife or are romantically involved over time and on a continuingbasis during the course of the relationship. A casual acquaintance or ordinary socialization between two individuals in a business or social context is

not a dating relationship.

5. Victims who are found by courts to be suffering from the BWS do not incur any criminal and civil liability notwithstanding the absence of any of theelements for justifying circumstance of self-defense.

6. A battered woman is one who is repeatedly subjected to any forceful physical or psychological behavior by a man in order to coerce her to dosomething he wants her to do without concern of her rights. It this occurs a second time, and she remains in the situation, she is defined as a

battered woman.

7. The BWS is characterized by the cycle of violence which has 3 phases: (a) tension-building (b) acute battering (c) tranquil, loving or non-violent.8. Because of the recurring cycles of violence, her state of mind metamorphoses.9. Where the brutalized person is already suffering from the syndrome, further evidence of actual physical assault at the time of the killing is not

required.

10. The defense must prove that all 3 phases of cycle of violence have occurred at least twice.11. If the invocation of self-defense fails the battered person can avail of 2 mitigating circumstance: (a) psychological paralysis (b) passion andobfuscation. This state of mind is present when a crime is the result of an uncontrollable burst of passion provoked by prior unjust or improper act

or by a legitimate stimulus so powerful as to overcome reason. These 2 circumstances do not arise from the same set of facts. The first is from the

cynical nature and the same set of facts. The first is from the cyclical nature and severity of the battery. The second is from violent aggression

inflicted prior the killing.

ARTICLE 13 Mitigating Circumstances:

1. Those mentioned in the preceding chapter, when all the requisites necessary to justify the act or to exempt from criminal liability in the respective case

are not attendant.

2. A child above 15 but below 18 years of age at the time of the commission of the offense who acted with discernment, in which case he shall be subjected

to appropriate diversion programs under Sec 23 to 31 of this Act.

The offender is over 70 years.

3. That the offender had no intention to commit so grave a wrong as that committed.

4. That sufficient provocation or threat on the part of the offended party immediately preceded the act.

5. That the act was committed in the immediate vindication of a grave offense to the one committing the felony, his spouse, ascendants, descendants

legitimate, natural or adopted brothers or sisters, or relatives by affinity within the same degrees.

6. That of having acted upon an impulse so powerful as naturally to have produced passion or obfuscation.

7. That the offender had voluntarily surrendered himself to a person in authority or his agents, or that he had voluntarily confessed his guilt before the cour

prior to the presentation of the evidence for the prosecution.

7/29/2019 Crim - Art 13

3/4

8. That the offender is deaf and dumb, blind, or otherwise suffering some physical defect which thus restricts his means of action, defense, or

communication with his fellow beings.

9. Such illness of the offender as would diminish the exercise of the will-power of the offender without however depriving him of the consciousness of his

acts.

10. And, finally, any other circumstance of a similar nature and analogous to those above mentioned.

BASISA mitigating circumstance reduces the accuseds free will, intelligence or criminal intent in the commission of the felony.

A mitigating circumstance presupposes the existence of both the crime and the criminal while an exempting circumstance recognizes only a felonious act but

admits that there is no criminal offender because the performance of the act was not attended with voluntariness on the part of the human actor.

1. Mitigating circumstances shows lesser perversity of the offender and are considered to lower the penalty imposable generally to the minimumperiod of the penalty prescribed in the law. They are matters of defense which do not have to be alleged in the information.

2. The rationale behind the whole concept of mitigating circumstance is to show mercy and some extent of leniency in favor of accused who hasnevertheless shown lesser perversity in the commission of an offense. Thus, where the evidence on record bespeaks of vileness and depravity, no

mercy or leniency should be accorded an accused who should be made to suffer in full for acts perpetrated with complete voluntariness and intent

for their tragic consequences.

3. Art 13 enumerates ordinarymitigating circumstances with the effect of reducing the penalty to the minimum period except:a. Minority.b. Incompleteness of requisites to exempt from criminal liability.

4. Extenuating circumstances (eg. Concealment of dishonor on the part of the mother in infanticide) which have the effect of reducing the penaltyeither to the minimum period (ordinary mitigating) or by degree (privileged mitigating).

5. Unlike in aggravating circumstance, there are analogous mitigating circumstances.6. Kinds of mitigating circumstances:

a. Ordinary lowers the penalty to the minimum period. The penalty must be divisible for an indivisible penalty has no period.b. Privileged lowers the penalty prescribed by one or more degrees whether it be a divisible or indivisible penalty.c. Specific applies to a specific felony like concealment of dishonor in the case of abortion by the pregnant woman and could either be ordinary

or privileged depending upon the extent of reduction of penalty.

7. Distinction between ordinary and privileged mitigating circumstances:a. Ordinary can be offset by generic aggravating circumstance; Privileged cannot be offset by any kind of aggravating circumstance.b. Ordinary mitigating lowers the penalty prescribed to the minimum period except where there are 2 ordinary mitigating and absolutely no

aggravating circumstance in which case the penalty is lowered by 1 degree only. Privileged mitigating lowers the penalty by degree. Thus, if a

provision of the RPC states that the penalty for a particular felony is lowered by one or two degrees in view of the presence of a particular

circumstance, such is a privileged mitigating circumstance which cannot be offset by any generic aggravating. Eg. Art 69 on incomplete

justification/exemption.

c. Ordinary mitigating is not considered in the determination of the proper penalty when the penalty prescribed is a single indivisible penaltyPrivileged is considered whatever penalty is imposable.

8. One and the same fact should not give credit to more than one mitigating circumstance in favor of the accused.9. The mitigating circumstances are:

a. Incomplete justifying or exempting circumstanceb. Minority/senilityc. Praeter intentionem (outside the moral intention; accidents)d. Sufficient provocation or threate. Immediate vindication of a grave offensef. Passion or obfuscationg. Voluntary surrenderh. Voluntary plea of guilti. Deaf and dumb, blind or any other physical defect

j. Illnessk. Analogous [tantamount, parallel] circumstances.

10. The first mitigating circumstance is the incompleteness of the requirements to justify the act or exempt from criminal liability under Art 11 and 12. Ifthe majority of the requisites to exempt or justify are present, it is privileged otherwise, the penalty shall be lowered to the minimum period only.

Unlawful aggression id not a mitigating circumstance but the incompleteness of the requisite for defense that is mitigating.

11. Minority is always a privileged mitigating circumstance. Over 15 but less than 18, the penalty shall be a degree lower but in the proper period. 15 orunder is absolutely exempt from criminal prosecution.

12. If the child reached 18 years of age while under suspended sentence, the court shall determine whether (a) to discharge the child in accordance withthe applicable provision of RA 9344 (b) to order execution of the sentence (c) to extend the suspended sentence for a specified period or until he

reaches the maximum age of 21.

13. The offender must be a minor under 18 at the time of the commission of the crime. If then were then 18 or over, he is no longer a minor in the eyesof the law. Neither can his minority at the time of the commission of the crime be a mitigating factor.

7/29/2019 Crim - Art 13

4/4

14. Penal laws should be liberally construed in favor of the offender. Considering the gravity of the offense and in the interest of justice, the presentation

of and admission of the birth certificate of the ACCUSED SHOULD BE ALLOWED.

15. Senility (over 70) is an ordinary mitigating circumstance. Unless he is a habitual delinquent or his conduct disqualifies him.16. Elements of sufficient provocation:

a. Must be sufficientb. Immediate to the commission of the crimec. Must originate from the offended party

17. Provocation is immediate if not interval of time elapsed between the provocation and the commission of the crime.18. Accused cannot claim that he was provoked when the offended ran away from him. To flee when danger lurks is human and can never be regarded

as a source or provocation that is sufficient. When the offended party flees from his aggressor, the latter has no reason to pursue and attack him.

19. Sufficient provocation as a requisite of incomplete self-defense is different from sufficient provocation as mitigating circumstance. As an element ofself-defense, it requires its absence on the part defending himself; as a mitigating circumstance, it pertains to its presence on the part of the

offended party.

20. In immediate vindication of grave offense, offense need not be a crime. It may be an act or event which offends the accused causing mental agonyto him and moves him to vindicate himself of such offense. Insulting an old man or eloping with ones daughter.

21. Immediate means proximate, allows an interval of time between the commission of the offense and its vindication as long as the offender is stilsuffering from mental agony brought about by the offense to him.

22. The benefit of mitigating circumstance of immediate vindication of a grave offense cannot be considered in favor of the accused when he hadsufficient time to recover his serenity.

23. In passion or obfuscationit is necessary that it arose from offenders lawful sentiments. There must be an act on the part of the offended which isunlawful and sufficient to excite passion or obfuscation on the accused. Said act must not be far removed from the commission of the crime by a

considerable length of time during which the offender might have recovered his senses.

24. If acts are done in the spirit of revenge and lawlessness, no mitigating circumstance of passion or obfuscation can arise.25. Voluntary surrender and voluntary plea are independent of each other and can be simultaneously and separately considered in favor of the offende

being based on different grounds.

26. The elements ofvoluntary surrender are:a. The offender surrendered to a person on authority or his agentb. The offender surrendered before arrest is effectedc. It must be voluntary, spontaneous and must show the intent of the accused to submit himself unconditionally to the authorities, either because

he acknowledged his guilt or he wishes to save them the trouble and expense incidental to his search and capture

d. There is no pending warrant or arrest or information filed.27. Voluntary surrender can be appreciated even if the accused turned themselves one week after the crime. The fact is they voluntarily surrendered

before the arrest can be effected.

28. If the police office went looking for the accused after information is known, even without resistance of arrest, this cannot be equated to a voluntarysurrender.

29. If no arrested and voluntarily presented himself to surrender.30. Offender himself should surrender and not any other person.31. The elements ofvoluntary plea of guilty are:

a. Made in open court (judicial confession)b. Spontaneous and unconditionalc. Made before presentation of evidence by the prosecution.

32. Extra-judicial confession not mitigating as it is not done in open court. If done in court without jurisdiction then later in the proper court, prioproceedings is void but plea is mitigating.

33. Media confessions should be viewed with caution as officers may just use the media for such a confession.34. Voluntary plea of guilty is an act of repentance and respect for the law. It indicates a moral disposition in the accused favorable to his reform, thus

mitigating.

35. The accused must be acquitted if the only evidence is his improvident plea due to suggestion.36. The offenders being deaf and dumb or blind or otherwise suffering from some physical defect must be related to the offense committed because

the law requires that the defect has the effect of restricting his means of action, defense, or communication to his fellow beings.

37. Illness must only diminish and not deprive the offender of the consciousness of his acts. Otherwise he will be exempt from criminal liability.38. Analogous circumstances must be similar to those enumerated in Art 13:

a. Surrendering stolen goods the same as voluntary surrender.b. Restitution of funds as per malversation of public funds same as plea of guilt.