Reminders in Criminal Law

(Part 1)

Criminal Law
Criminal law is that branch or division of law which defines crimes, treats of their nature, and provides for their punishment. Crime is defined as an act committed or omitted in violation of public law forbidding or commanding it. It is a positive or negative act in violation of penal law; an offense against the state. Felonies are acts and omissions punishable by the Revised Penal Code. Felonies are classified according to the means by which they are committed, into: a! intentional felonies, and b! culpable felonies. "rticle #, Revised Penal Code! Accused is a person formally charged in court for having violated a penal law $ either the Revised Penal Code or a special penal law.

Rationale for the Liberal Construction of Penal Laws

%he principle of statutory construction that penal laws are liberally construed in favor of the accused and strictly against the &tate is deeply rooted in the need to protect constitutional guarantees. %his principle serves notice to the public that only those acts clearly and plainly prohibited in penal laws are sub'ect to criminal sanctions. %o e(pand penal laws beyond their clear and plain meaning is no longer fair notice to the public. %hus, the principle insures observance of due process and e)ual protection of the law. %enebro vs. C", *.R. +o. ,-./-0, ,0 February 1..2!

Limitations on the Legislative Power to Enact Penal Laws

a. b. c. d. +o e( post facto law shall be enacted +o bill of attainder shall be enacted +o law that violates e)ual protection clause of the constitution shall be enacted +o law which imposes cruel and unusual punishments nor e(cessive fines shall be enacted.

Characteristics of Criminal Law

General. Philippine criminal laws are binding on all persons who live or so'ourn in the Philippines. 3hoever you are, whatever be your creed, religion, se( or nationality, as long as you reside in the Philippine territory penal laws of the Philippines shall apply on you. Exception: a! %reaty stipulations; b! 4aws of preferential application; and, c! Principles of Public International 4aw.

Territorial. Philippine criminal law underta5es to punish crimes committed only within the Philippine territory. 6utside of the parameters of the Philippine archipelago, Philippine criminal laws can not be enforced. Exception: 7nder "rt. 1 of the Revised Penal Code, Philippine criminal laws shall be enforced outside of the 'urisdiction of our country against those who: a. &hould commit an offense while on a Philippine ship or airship.

b.

&hould forge or counterfeit any coin or currency note of the Philippines or obligations and securities issued by the *overnment of the Philippines. &hould be liable for acts connected with the introduction into the Philippines of the obligations and securities mentioned in the preceding number. 3hile being public offers or employees, should commit an offense in the e(ercise of their functions; or, &hould commit any of the crimes against national security and the law of nations defined in %itle 6ne of 8oo5 %wo of the Revised Penal Code. "rticle 1, Revised Penal Code!

c.

d. e.

Prospective. " penal law can not ma5e an act punishable when it was not punishable when committed. Crimes are punished under the laws in force at the time the same were perpetrated. %here is no crime without a penalty and there is no penalty without a law. Exception: Penal laws shall have a retroactive effect insofar as they favor the person guilty of a felony who is not a habitual criminal.

Intentional Crimes and Crimes by Means of Negligence

In intentional crimes, the act itself is punished; in negligence or imprudence, what is principally penali9ed is the mental attitude or condition behind the act, the dangerous rec5lessness, lac5 of care or foresight, the imprudencia punible. Compared to intentional felonies, such as homicide or murder, what ta5es the place of the element of malice or intention to commit a wrong or evil is the failure of the offender to ta5e precautions due to lac5 of s5ill ta5ing into account his employment, or occupation, degree of intelligence, physical condition, and other circumstances regarding persons, time, and place. People vs. *arcia, *.R. +o. ,-#-:,, 1# February 1..2!

Mistake of Fact and Ignorance of the Law ;ista5e of fact is a misapprehension of fact on the part of the person who caused in'ury to another. &uch person will not incur any criminal liability since he did not act with criminal intent. "n honest mista5e of fact destroys the presumption of criminal intent which arises upon the commission of a felonious act. "s a general rule, mista5e of fact or good faith of the accused is a valid defense in a prosecution for a felony by dolo; such defense negates malice or criminal intent. <owever, ignorance of the law is not an e(cuse because everyone is presumed to 5now the law. Ignorantia legis non excusat. ;anuel vs. People, *.R. +o. ,=-021, 1: +ovember 1..-!

Mala in Se and Mala Prohi ita Mala in se are crimes which are wrong from their nature, such as murder, theft, rape, etc., while those that are mala prohibita are wrong, merely because they are prohibited by statute, li5e Illegal Possession of Firearm or violation of the 6mnibus >lection 4aw. Crimes mala in se are those so serious in their effects or society as to call for the almost unanimous condemnation of its members, while crimes mala prohibita are violations of mere rules of convenience designed to secure a more orderly regulation of the affairs of society.

Good Faith !ot a "alid #efense against $ri%es Mala Prohi ita

%his distinction between crimes mala in se and crimes mala prohibita is important with reference to the intent with which a wrongful act is done. %he rule on the sub'ect is that in acts mala in se, the intent governs; but in acts mala prohibita, the only in)uiry is, has the law been violated? 3hen an act is illegal, the intent of the offender is immaterial and good faith is not a valid defense. %an vs. 8allena, *.R. +o. ,=0,,,, 2 @uly 1..0!

$ri%es Ma& 'e $o%%itted (ven )itho*t $ri%inal Intent In felonies committed by means of culpa, criminal intent is replaced by negligence and imprudence. 7pon the other hand, in crimes mala prohibita, it is merely re)uired that the offender has the intention to perpetrate the act prohibited by the special penal law. In both instances, the e(istence of criminal intent is no longer re)uired.

+ Special Penal Law %a&

e considered as Mala in Se

3hen the acts punished by special penal laws are inherently immoral or inherently wrong, they are still considered as mala in se and it does not matter that such acts are punished under the Revised Penal Code. In fact, in plunder, its predicate crimes are mainly mala in se for being wrong by nature. %hus, it would be absurd to treat prosecutions for plunder as though they are mere prosecutions for violations of the 8ouncing Chec5 4aw or of an ordinance against 'aywal5ing, without regard to the inherent wrongness of the acts. >strada vs. &andiganbayan, *.R. +o. ,20-=., ,. +ovember 1..,!

Intent and Motive ;otive is the moving power which impels one to action for a definite result. Intent, on the other hand, is the purpose to use a particular means to effect such result. ;otive alone is not proof of a crime. In order to tip the scales in its favor, intent and not motive must be established by the prosecution. ;otive is hardly ever an essential element of a crime.

$irc*%stances when Motive is ,elevant "s an accepted principle, proof of motive in criminal prosecutions is neither indispensable nor necessary if the guilt of the accused is otherwise established by sufficient evidence, as the absence of motive or the apparent lac5 of it is not proof of innocence. <owever, when there is no eyewitness and there is doubt as to whether the accused is or is not the person who committed the offense charged, the )uestion of motive becomes important. In such case, proof of motive is a substantial aid in completing the proof of the commission of the crime by the accused and in attaining the necessary 'udicial perspective of the case. People vs. "billar, *.R. +o. ,#2=.=, 1: +ovember 1...!

$ri%inal Lia ilit& Criminal 4iability shall be incurred by any person committing a felony although the wrongful act done be different from that which he intended. It shall also be incurred by any person performing an act with malice which would have been an offense against persons or property, were it not for the inherent impossibility of its accomplishment or on account of the employment of inade)uate or ineffectual means. "rticle 2 of the Revised Penal Code!

Pro-i%ate $a*se %hat cause, which, in the natural and continuous se)uence, unbro5en by any efficient intervening cause, produces the in'ury without which the result would not have occurred. %he perceived delay in giving medical treatment to an offended party does not brea5 at all the causal connection between the wrongful act of the offender and the in'uries sustained by the victim. It does not constitute efficient intervening cause. It is settled that anyone inflicting in'uries is responsible for all the conse)uences of his criminal act such as death that supervenes in conse)uence of the in'uries. %he fact that the in'ured did not receive proper medical attendance would not affect the offenderAs criminal responsibility. %he rule is founded on the practical policy of closing to the wrongdoer a convenient avenue of escape from the 'ust conse)uences of his wrongful act. If the rule were otherwise, many criminals could avoid 'ust accounting for their acts by merely establishing a doubt as to the immediate cause of death. People vs. "curam, *.R. +o. ,,/:-2, 1/ "pril 1...!

+ erratio Ict*s. (rror in Personae and Praeter Intentione% Aberratio ictus or mista5e in the blow occurs when the offender delivered the blow at his intended victim but missed, and instead such blow landed on another person. %he situation generally brings about comple( crimes where from a single act, two or more grave or less grave felonies resulted, namely the attempt against the intended victim and the conse)uences on the unintended victim. Error in personae or mista5e in identity occurs when the offender actually hit the person to whom the blow was directed but turned out to be different from and not the victim intended. %he criminal liability of the offender is not affected, unless the mista5e in identity resulted to a crime different from what the offender intended to commit, in which case the lesser penalty between the crime intended and the crime committed shall be imposed but in the ma(imum period. "rticle 2: of the Revised Penal Code!. Praeter intentionem or where the conse)uences went beyond that intended or e(pected. %his is a mitigating circumstance "rticle ,#, paragraph # of the Revised Penal Code! when there is a notorious disparity between the act or means employed by the offender and the resulting felony clearly indicating that the resulting felony could not be reasonably anticipated or foreseen by the offender from the act or means employed by him.

$lassification of Felonies +ccording to Stage of (-ec*tion/ a. b. Consummated $ when all the elements necessary for its e(ecution and accomplishment are present. Frustrated $ when the offender performs all the acts of e(ecution which would produce the felony as a conse)uence but which nevertheless do not produce it by reason of causes independent of the will of the perpetrator. "ttempted $ when the offender commences the commission of a felony directly by overt acts, and does not perform all the acts of e(ecution which should produce the felony by reason of some cause or accident other than his own spontaneous desistance. "rt. =, Revised Penal Code!

c.

There is !o Fr*strated Theft

%he elements of the crime of theft as provided for in "rticle #.0 of the Revised Penal Code are: ,! that there be ta5ing of personal property; 1! that said property belongs to another; #! that the ta5ing be done with intent to gain; 2! that the ta5ing be done without the consent of the owner; and -! that the ta5ing be accomplished without the use of violence against or intimidation of persons or force upon things. %he ability of the offender to freely dispose of the property stolen is not a constitutive element of the crime of theft. Biewed from that perspective, it is immaterial to the product of the felony that the offender, once having committed all the acts of e(ecution for theft, is able or unable to freely dispose of the property stolen since the deprivation from the owner alone has already ensued from such acts of e(ecution. %heft, thus, cannot have a frustrated stage. %heft can only be attempted or consummated. Balen9uela vs. People, *.R. +o. ,=.,00, 1, @une 1../!

There is !o Fr*strated ,ape %here is no such crime as frustrated rape. Clearly, in the crime of rape, from the moment the offender has carnal 5nowledge of his victim, he actually attains his purpose and, from that moment also all the essential elements of the offense have been accomplished. +othing more is left to be done by the offender, because he has performed the last act necessary to produce the crime. %hus, the felony is consummated. For the consummation of rape, perfect penetration is not essential. "ny penetration of the female organ by the male organ is sufficient. >ntry of the labia or lips of the female organ, without rupture of the hymen or laceration of the vagina is sufficient to warrant conviction. +ecessarily, rape is attempted if there is no penetration of the female organ because not all acts of e(ecution were performed. (People vs. rande! ".#. $os. %&%'(&)('! %( $ovember (**+,.

0vert +cts &ome physical activity or deed, indicating intention to commit a particular crime, more than a mere planning or preparation, which if carried to its complete termination following its natural course, without being frustrated by e(ternal obstacles, nor by voluntary desistance of the perpetrator will logically ripen into a concrete offense.

Indeter%inate 0ffense "n offense where the purpose of the offender in performing an act is not certain. %he accused maybe convicted for a felony defined by the acts performed by him up to the time of desistance. (-aleros vs. People! ".#. $o. %+.*++! (( Februar/ (**0,.

Light Felonies 4ight Felonies are punishable only when they have been consummated, unless committed against persons or property where the acts would be punishable even if not consummated. (Art. '! #evised Penal Code,. In light felonies only principals and accomplices are liable, accessories are not liable even if committed against persons or property. "rt. ,=, Revised Penal Code!

$onspirac& as a Manner of Inc*rring $ri%inal Lia ilit&

%he re)uisites of conspiracy are the following: a! two 1! or more persons came to an agreement; b! the agreement pertains to the commission of a felony; and, c! the e(ecution of the felony was decided upon. #octrine of I%plied $onspirac& %he doctrine of implied conspiracy holds two or more persons participating in the commission of a crime collectively responsible and liable as coCconspirators although absent any agreement to that effect, when they act in concert, demonstrating unity of criminal intent and a common purpose or ob'ective. %he e(istence of a conspiracy shall be inferred or deduced from their criminal participation in pursuing the crime and thus the act of one shall be the act of all. (People vs. Musa! ".#. $o. %+'*&(! %' 1une (**+,. %here may even be conspiracy even if an offender does not 5now the identities of the other offenders, and even though he is not aware of all the details of the plan of operation or was not in on the scheme from the beginning. 6ne need only to 5nowingly contribute his efforts in furtherance of it. 6ne who 'oins a criminal conspiracy in effect adopts as his own the criminal designs of his coC conspirators.

Individ*al $ri%inal Lia ilit& In the absence of any previous conspiracy, unity of criminal purpose and intention immediately before the commission of the crime, or community of criminal design, the criminal responsibility arising from different acts directed against one and the same person is individual and not collective, and each of the participants is liable only for the act committed by him. (People vs. 2eso/! ".#. $o. %(''3&! %0 August %444,.

$lassification of Felonies +ccording to Gravit&

a.

Grave felonies $ are those to which the law attaches the capital punishment or penalties which in any of their periods are afflictive, in accordance with "rticle 1- of the Revised Penal Code. Less grave felonies $ are those which the law punishes with penalties which in their ma(imum period are correctional, in accordance with "rticle 1- of the Revised Penal Code. Light felonies $ are those infractions of law for the commission of which the penalty of arresto menor or a fine not e(ceeding 1.. pesos, or both, is provided.

b.

c.

Classification important: a! to determine whether these felonies can be comple(ed or not; and, b! to determine the prescription of the crime and the prescription of the penalty.

1*stif&ing $irc*%stances %hose circumstances where the act of a person is said to be in accordance with law, so that such person is deemed not to have transgressed the law and is free from both criminal liability. %here is also no civil liability, e(cept in paragraph 2 where the civil liability is borne by the persons benefited by the act. %he following persons do not incur any criminal liability, their acts being 'ustified and lawful "rticle ,,, Revised Penal Code!: ,. "nyone who acts in defense of his person or rights, provided that there was: a! unlawful aggression; b! reasonable necessity of the means employed to prevent or repel it; and, c! lac5 of sufficient provocation on the part of the person defending himself.

1.

"nyone who acts in defense of the person or rights of his spouse, ascendants, descendants, or legitimate, natural or adopted brothers or sisters, or his relatives by affinity in the same degrees and those consanguinity within the fourth civil degree. "nyone who acts in defense of the person or rights of a stranger. "ny person who, in order to avoid an evil or in'ury, does an act which causes damage to another. "ny person who acts in the fulfillment of a duty or in the lawful e(ercise of a right or office. "ny person who acts in obedience to an order issued by a superior for some lawful purpose.

#. 2. -. =.

Self2#efense &elfCdefense includes not only the defense of the person or body of the one assaulted but also that of his rights, the en'oyment of which is protected by law. &elfCdefense also includes defense of honor and defense of a personDs property rights. %hus, a slap on the face is considered as unlawful aggression directed against the honor of the actor which may give rise to a valid claim of selfCdefense.

3nlawf*l +ggression "s an element of selfCdefense, unlawful aggression refers to an assault or attac5, or a threat thereof in an imminent and immediate manner, which places the defendantAs life in actual peril. %here is an unlawful aggression on the part of the victim when he puts in actual or imminent danger the life, limb, or right of the person invo5ing selfCdefense. %here must be actual physical force or actual use of weapon. %o constitute unlawful aggression, the person attac5ed must be confronted by a real threat on his life and limb; and the peril sought to be avoided is imminent and actual, not merely imaginary. ;ahawan vs. People, *.R. +o. ,/==.:, ,0 Eecember 1..0!

,easona le !ecessit& of the Means (%plo&ed %he reasonableness of the means employed depends upon the nature and )uality of the ,! weapon used by the aggressor, and 1! his physical condition, character, si9e and other circumstances, #! and those of the person defending himself, 2! and also the place and occasion of the assault. <owever, perfect e)uality between the weapons used by the one defending himself and that of the aggressor is not re)uired since the person assaulted may not have sufficient tran)uility of mind to thin5 and to calculate.

Self2#efense and F*lfill%ent of #*t& &elfCdefense and fulfillment of duty operate on different principles. &elfC defense is based on the principle of selfCpreservation from mortal harm, while fulfillment of duty is premised on the due performance of duty. 7nli5e in selfCdefense where unlawful aggression is an element, in performance of duty, unlawful aggression from the victim is not a re)uisite. " policeman in the performance of duty is 'ustified in using such force as is reasonably necessary to secure and detain the offender, overcome his resistance, prevent his escape, recapture him if he escapes, and protect himself from bodily harm. &ince a policemanAs duty re)uires him to overcome the offender, the force e(erted by the policeman may therefore differ from that which ordinarily may be

offered in selfCdefense. 1..-!

Cabanlig vs. &andiganbayan, *.R. +o. ,202#,, 10 @uly

(-e%pting $irc*%stances %hese are grounds for e(emption from punishment, because there is a deficiency in the agent of the crime or any of the conditions which ma5es the act voluntary, or negligent. %he e(emption from punishment is based on the complete absence of intelligence, freedom of action, or intent, or on the absence of negligence on the part of the accused. %he following are e(empt from criminal liability "rticle ,1, Revised Penal Code!: ,. 1. #. 2. -. =. /. "n imbecile or an insane person, unless the latter has acted during a lucid interval. " person under nine years of age. " person over nine years of age and under fifteen, unless he has acted with discernment. "mended by Republic "ct +o. :#22! "ny person who, while performing a lawful act with due care, causes an in'ury by mere accident without fault or intention of causing it. "ny person who act under the compulsion of irresistible force. "ny person who acts under the impulse of an uncontrollable fear of an e)ual or greater in'ury. "ny person who fails to perform an act re)uired by law, when prevented by some lawful insuperable cause.

Mini%*% +ge of $ri%inal ,esponsi ilit& (,+ 4566) " child fifteen ,-! years of age or under at the time of the commission of the offense shall be e(empt from criminal liability. <owever, the child shall be sub'ected to an intervention program under the 1uvenile 1ustice and 5el6are Act o6 (**0 R" :#22!. " child above fifteen ,-! years but below eighteen ,0! years of age shall li5ewise be e(empt from criminal liability and be sub'ected to an intervention program, unless heFshe has acted with discernment. %he e(emption from criminal liability however does not include e(emption from civil liability, which shall be enforced in accordance with e(isting laws.

Insanit& and I% ecilit& Insanity or imbecility e(ists when there is a complete deprivation of intelligence or freedom of the will. "n insane person is not so e(empt if it can be shown that he acted during a lucid interval. 8ut an imbecile is e(empt in all cases from criminal liability. %he defense must prove that the accused was insane at the time of the commission of the crime because the presumption is always in favor of sanity. (People vs. Pambid! ".#. $o. %(&&3+! %3 March (***,.

$o%p*lsion of Irresisti le Force For duress to e(empt accusedCappellant of the crimes charged, the fear must be wellCfounded, and immediate and actual danger of death or great bodily harm must be present and the compulsion must be of such a character as to leave no opportunity for the accuse to escape or interpose selfCdefense in e)ual combat.

(ntrap%ent and Instigation Instigation is the means by which the accused is lured into the commission of the offense charged in order to prosecute him. 6n the other hand, entrapment is the employment of such ways and means for the purpose of trapping or capturing a lawbrea5er. %hus, in instigation, officers of the law or their agents incite, induce, instigate or lure an accused into committing an offense which he or she would otherwise not commit and has no intention of committing. 8ut in entrapment, the criminal intent or design to commit the offense charged originates in the mind of the accused, and law enforcement officials merely facilitate the apprehension of the criminal by employing ruses and schemes; thus, the accused cannot 'ustify his or her conduct. In instigation, where law enforcers act as coCprincipals, the accused will have to be ac)uitted. 8ut entrapment cannot bar prosecution and conviction. "s has been said, instigation is a 7trap 6or the unwar/ innocent7, while entrapment is a 7trap 6or the unwar/ criminal.8 (People vs. -a/ani! ".#. $o. %'4%3*! %' 1une (**.,.

Mitigating $irc*%stances %hose circumstances which if present in the commission of the crime, do not entirely free the actor from criminal liability but serve only to reduce the penalty due to the diminution of either freedom of action intelligence or intent or on the lesser perversity of the offender. %he following are mitigating circumstances "rticle ,#, Revised Penal Code!: ,. Incomplete 'ustifying or e(empting circumstances or when all the re)uisites necessary to 'ustify or to e(empt from criminal liability in the respective cases are not attendant. %hat the offender is under eighteen year of age or over seventy years. "mended by Republic "ct +o. :#22! %hat the offender had no intention to commit so grave a wrong as that committed. %hat sufficient provocation or threat on the part of the offended party immediately preceded the act. %hat the act was committed in the immediate vindication of a grave offense to the one committing the felony, his spouse, ascendants, or relatives by affinity within the same degrees. %hat of having acted upon an impulse so powerful as naturally to have produced passion or obfuscation. %hat the offender had voluntarily surrendered himself to a person in authority or his agents, or that he had voluntarily confessed his guilt before the court prior to the presentation of the evidence for the prosecution; %hat the offender is deaf and dumb, blind or otherwise suffering some physical defect which thus restricts his means of action, defense, or communications with his fellow beings. &uch illness of the offender as would diminish the e(ercise of the willC power of the offender without however depriving him of the consciousness of his acts. "ny other circumstances of a similar nature and analogous to those above mentioned.

1. #. 2. -.

=. /.

0.

:.

,..

Provocation Provocation is any un'ust or improper conduct or act of the offended party, capable of e(citing, inciting or irritating any one: a! the provocation must be sufficient; b! it must originate from the offended party; c! the provocation must be immediate to the commission of the crime by the person who is provo5ed; and, d! the threat should not be offensive and positively strong, otherwise, the threat to inflict real in'ury is an unlawful aggression, which may then give rise to selfCdefense.

Passion or 0 f*scation In passion or obfuscation: a! there must be an act, both unlawful and sufficient to produce such a condition of mind; b! the act which produced the obfuscation was not far removed from the commission of the crime by a considerable length of time, during which the perpetrator might recover his normal e)uanimity; c! it must come from lawful sentiments; and, d! it must not arise from the spirit of lawlessness or a spirit of revenge. People vs. 8ates, *.R. +o. ,#::./, 10 ;arch 1..#!

"ol*ntar& S*rrender and Plea of G*ilt %he following are the re)uisites of voluntary surrender: a! that the offender had not actually been arrested; b! that the offender surrendered himself to a person in authority or to the latterDs agent; and, c! that the surrender was voluntary. " surrender, to be voluntary, must be spontaneous, showing the intent of the accused to submit himself unconditionally, either because: a! he ac5nowledges his guilt; or, b! he wishes to save them the trouble and e(pense necessarily incurred in his search and capture. 6n the other hand, the re)uisites for voluntary plea of guilty are as follows: a! that the offender spontaneously confessed his guilt; b! that the confession of guilt was made in open court, that is, before the competent court that is to try the case; and, c! that the confession of guilt was made prior to the presentation of evidence for the prosecution.

+ggravating $irc*%stances %hose circumstances which, if attendant in the commission of the crime, serve to increase the penalty without, however, e(ceeding the ma(imum of the penalty provided by law for the offense, due to the greater perversity of the offender manifested in the commission of the felony as shown by: a! the motivating power itself; b! the place of the commission; c! the means and ways employed; d! the time; or, e! the personal circumstances of the offender, or the offended party. "rticle ,2, Revised Penal Code! ,. 1. #. %hat advantage be ta5en by the offender of his public position. %hat the crime be committed in contempt or with insult to the public authorities. %hat the act be committed with insult or in disregard of the respect due the offended party on account of his ran5, age, or se(, or that is be committed in the dwelling of the offended party, if the latter has not given provocation. %hat the act be committed with abuse of confidence or obvious ungratefulness.

2.

-.

%hat the crime be committed in the palace of the Chief >(ecutive or in his presence, or where public authorities are engaged in the discharge of their duties, or in a place dedicated to religious worship. %hat the crime be committed in the night time, or in an uninhabited place, or by a band, whenever such circumstances may facilitate the commission of the offense. 3henever more than three armed malefactors shall have acted together in the commission of an offense, it shall be deemed to have been committed by a band. %hat the crime be committed on the occasion of a conflagration, shipwrec5, earth)ua5e, epidemic or other calamity or misfortune. %hat the crime be committed with the aid of armed men or persons who insure or afford impunity. %hat the accused is a recidivist. %hat the offender has been previously punished by an offense to which the law attaches an e)ual or greater penalty or for two or more crimes to which it attaches a lighter penalty. %hat the crime be committed in consideration of a price, reward, or promise. %hat the crime be committed by means of inundation, fire, poison, e(plosion, stranding of a vessel or international damage thereto, derailment of a locomotive, or by the use of any other artifice involving great waste and ruin. %hat the act be committed with evident premeditation. %hat the craft, fraud or disguise be employed. %hat advantage be ta5en of superior strength, or means be employed to wea5en the defense. %hat the act be committed with treachery alevosia!. %hat means be employed or circumstances brought about which add ignominy to the natural effects of the act. %hat the crime be committed after an unlawful entry. %hat the crime be committed with the aid of persons under fifteen years of age or by means of motor vehicles, motori9ed watercraft, airships, or other similar means. "s amended by R" -2#0!. %hat the wrong done in the commission of the crime be deliberately augmented by causing other wrong not necessary for its commissions.

=.

/.

0. :. ,.. ,,.

,1. ,#.

,2. ,-. ,=. ,/. ,0. ,:. 1..

1,.

7inds of +ggravating $irc*%stances a. b. *eneric $ those which apply to all crimes. &pecific $ those which apply only to specific crimes, such as ignominy in crimes against chastity and cruelty and treachery which are applicable only to crimes against persons. Gualifying $ those that change the nature of the crime li5e treachery and evident premeditation which )ualify the 5illing of a person to murder. Inherent $ those that of necessity accompany the commission of the crime.

c.

d.

e.

&pecial $ those which arise under special conditions to increase the penalty of the offense and cannot be offset by mitigating circumstances.

+dvantage of P* lic Position %he offender must have abused his public position or at least that the same facilitated the commission of the offense. %o appreciate this aggravating circumstance, the public officer must use the influence, prestige or ascendancy which his office gives him as a means by which he reali9es his purpose. %he essence of the matter is presented in the in)uiry 72id the accused abuse his o66ice to commit the crime97 (People vs. :illamor! ".#. $os. %&*&*')*.! %3 1anuar/ (**(,. %his circumstance, however, cannot be ta5en into consideration in offenses where ta5ing advantage of official position is made by law an integral element of the crime, such as in malversation or in falsification of a document committed by public officers.

$irc*%stances that !egate the (-istence of Treacher& @urisprudence dictates that chance encounters, impulse 5illing or crimes committed at the spur of the moment or those that were preceded by heated altercations are generally not attended by treachery for lac5 of opportunity of the accused to deliberately employ a treacherous mode of attac5. For the rules on treachery to apply, the attac5 must have been preconceived by the accused, une(pected by the victim and without provocation on the part of the latter. (People vs. "on;ales! ".#. $o. %+43&(! (% 1une (**%,. Treacher& )hen Present 3hen the aggression is continuous, treachery must be present in the beginning of the assault. 3hen the assault was not continuous, in that there was interruption, it is sufficient that treachery was present at the moment the fatal blow was given. (People vs. Abendan! ".#. $os. %+(*(0)('! (. 1une (**%,. %reachery absorbs: a! craft; b! abuse of superior strength; c! employing means to wea5en the defense; d! band; e! aid of armed men; and, f! nighttime.

,ecidivis% and 8a it*al #elin9*enc& " recidivist is one who, at the time of his trial for one crime, shall have been previously convicted by final 'udgment of another crime embraced in the same title of the Revised Penal Code. <abitual delin)uent is a person who, within a period of ten ,.! years from the date of his release or last conviction of the crimes of serious or less serious physical in'uries, robbery, theft, estafa, or falsification, is found guilty of any said crimes a third time or oftener. #eiteracion or habituality is present when the accused, who is on trial for one offense, has been previously sentenced for another offense to which the law attaches an e)ual or greater penalty, or for two 1! or more crimes to which it attaches a higher penalty than that for the new offense GuasiCrecidivism is present when a person shall commit a felony after having been convicted by final 'udgment, before beginning to serve such sentence, or while serving the same. <e shall be punished by the ma(imum period of the penalty prescribed by law for the new felony.

#welling !ot +ggravating

Ewelling not aggravating when: a! both the offender and the offended party are occupants of the same house, and this is true even if offender is a servant in the house; b! robbery is committed by the use of force upon things, where dwelling is inherent; c! in the crime of trespass to dwelling where it is also inherent; d! when the owner of the dwelling gave sufficient and immediate provocation; and, e! the victim is not a dweller of the house.

(vident Pre%editation %o establish evident premeditation, it must be shown that there was a period sufficient to afford full opportunity for meditation and reflection, a time ade)uate to allow the conscience to overcome the resolution of the will, as well as outward acts showing the intent to 5ill. It must appear not only that the accused decided to commit the crime prior to the moment of its e(ecution but also that this decision was the result of meditation, calculation, reflection, or persistent attempt. (People vs. <ilva! "# $o. %&*.'%! . August (**(,. %he aggravating circumstance of evident premeditation cannot coCe(ist with the circumstance of passion and obfuscation. %he essence of premeditation is that the e(ecution of the criminal act must be preceded by calm thought and reflection upon the resolution to carry out the criminal intent during the space of time sufficient to arrive at a composed 'udgment. Berily, a finding that there was a preconceived plan to 5ill would negate passion and obfuscation. People vs. >mperador, *R +o. ,#1==:, 1- &eptember 1..1!

!ightti%e %hat period of dar5ness beginning at end of dus5 and ending at dawn. +ights are from sunset to sunrise. It is necessary that the commission of the crime was begun and completed at nighttime. 8y and of itself, nighttime is not an aggravating circumstance. It becomes so only when it is especially sought by the offender, or ta5en advantage of by him to facilitate the commission of the crime or to insure his immunity from capture. 3hen the place of the crime is illuminated by light, nighttime is not aggravating.

+ *se of S*perior Strength &uperiority in number does not necessarily amount to the aggravating circumstance of ta5ing advantage of superior strength. It is necessary to show that the aggressors cooperated in such a way as to secure advantage from their superiority in strength. %here must be proof of the relative physical strength of the aggressors and the assaulted party or proof that the accused simultaneously assaulted the deceased. %he circumstance of ta5ing advantage of superior strength depends on the age, si9e and strength of the parties. It is considered whenever there is a notorious ine)uality of forces between the victim and the aggressor, assessing a superiority of strength notoriously advantageous for the aggressor which is selected or ta5en advantage of by him in the commission of the crime (People vs. Aliben! "# $o. %&*&*&! (' Februar/ (**+,.

Igno%in& Ignominy is defined as a circumstance pertaining to the moral order which adds disgrace and oblo)uy to the material in'ury caused by the crime. %he following circumstances are considered ignominious in the crime of rape: a. where the accused ordered the complainant to e(hibit to them her complete na5edness for about ten minutes before raping her;

b. c. d. e. f.

where the rape was committed in front of the husband of the victim or by two or more persons in view of one another; where the se(ual intercourse was performed in the Hdog styleH position; where the accused plastered mud on the victimAs private part; where the victim was pregnant and whose pleas on that ground were ignored by the accused who went on to force his lust on her; and, when the accused tied a banana fiber around his penis and inserted it into the vagina of the offended party, then the accused pulled out his organ and forced the victim to suc5 it. People vs. 8acule, *.R. +o. ,1/-=0, 10 @anuary 1...!

$r*elt& In order for cruelty to be appreciated, there must be evidence that the wounds found on the body of the victim were inflicted while he was still alive in order unnecessarily to prolong physical suffering. If the victim was already dead when the acts of mutilation were being performed, this would also )ualify the 5illing to murder due to outraging of his corpse.

Persons $ri%inall& Lia le for Felonies Principals are those: a! those who ta5e a direct part in the e(ecution of the act; b! those who directly force or induce others to commit it; and, c! those who cooperate in the commission of the offense by another act without which it would not have been accomplished. "rticle ,/, Revised Penal Code! Accomplices are those persons who, not being principals, cooperate in the e(ecution of the offense by previous or simultaneous acts. "rticle ,0, Revised Penal Code! Accessories are those who, having 5nowledge of the commission of the crime, and without having participated therein, either as principals or accomplices, ta5e part subse)uent to its commission in any of the following manners: a. b. c. 8y profiting themselves or assisting the offender to profit by the effects of the crime; 8y concealing or destroying the body of the crime, or the effects or instruments thereof, in order to prevent its discovery; or, 8y harboring, concealing, or assisting in the escape of the principals of the crime, provided the accessory acts with abuse of his public functions or whenever the author of the crime is guilty of treason, parricide, murder, or an attempt to ta5e the life of the Chief >(ecutive, or is 5nown to be habitually guilty of some other crime. "rticle ,:, Revised Penal Code!

Lia le +cco%plices %o be convicted as an accomplice, it is necessary that the accused be aware of the criminal intent of the principal and then cooperate 5nowingly or intentionally by supplying material or moral aid for the efficacious e(ecution of the crime. %o consider a person an accomplice in the commission of the offense, the following must concur: ,! community of design C 5nowing the criminal design of the principal by direct participation, one concurs therein; b! cooperation in the e(ecution of the offense by previous or simultaneous acts, with the intention of supplying material and moral aid in the e(ecution of the crime in an efficacious

way; and c! a relation between the acts done by the principal and those attributed to the person charged as accomplice. %o be deemed an accomplice, one needs to have had both 5nowledge of and participation in the criminal act. In other words, the principal and the accomplice must have acted in con'unction and directed their efforts to the same end. %hus, it is essential that both were united in their criminal design (People vs. Fabros! ".#. $o. %+4%'4! + April (**(,.

+ccessories (-e%pt fro% $ri%inal Lia ilit& %he penalties prescribed for accessories shall not be imposed upon those who are such with respect to principals who are their spouses, ascendants, descendants, legitimate, natural, and adopted brothers and sisters, or relatives by affinity within the same degrees, with the single e(ception of accessories who profited themselves or assisted the offender to profit themselves by the effects of the crime. "rticle 1., Revised Penal Code!

Penalties Penalty is the suffering that is inflicted by the &tate for the transgression of the law. %he &tate has an e(istence of its own to maintain, a conscience to assert, and moral principles to be vindicated. %he following are the 'uridical conditions of penalty: ,. 1. #. 2. -. =. /. ;ust be productive of suffering, without however affecting the integrity of the human personality. ;ust be commensurate with the offense $ different crimes must be punished with different penalties. ;ust be personal $ no one should be punished for the crime of another. ;ust be legal $ it is the conse)uence of a 'udgment according to law. ;ust be certain $ no one may escape its effects. ;ust be correctional. ;ust be e)ual for all.

Theories 1*stif&ing the I%position of Penalties ,. 1. #. 2. -. Prevention $ to prevent or suppress the danger to the &tate arising from the criminal act of the offender. &elfCdefense $ so as to protect society from the threat and wrong inflicted by the criminal. Reformation $ the ob'ect of punishment in criminal cases is to correct and reform the offender. >(emplarity $ the criminal is punished to serve as an e(ample to deter others from committing crimes. @ustice $ that crime must be punished by the &tate as an act of retributive 'ustice, a vindication of absolute right and moral law violated by the criminal.

Pardon of the 0ffended Part&

If the offended party already pardoned the offender, the prosecutor may still prosecute the offender. &uch pardon by the offended party is not even a ground for the dismissal of the complaint or information. " criminal offense is an outrage to the sovereign &tate and to the &tate belongs the power to prosecute and punish crimes. 8y itself, an affidavit of desistance is not a ground for the dismissal of an action, once it has been instituted in court. " private complainant loses the right or absolute privilege to decide whether the rape charge should proceed, because the case was already filed and must therefore continue to be heard by the trial court. People vs. Eimaano, *.R. +o. ,=0,=0, ,2 &eptember 1..-!

Pardon

& the $hief (-ec*tive and the 0ffended Part&

Pardon by the Chief >(ecutive: a! e(tinguishes criminal liability; b! can e(tend to any crime, unless otherwise provided by or sub'ect to conditions in the Constitution or the laws; c! cannot affect the civil liability e( delicto of the offender; d! can be e(tended only after conviction by final 'udgment of the accused; e! may be absolute or conditional; and, f! e(tended to any or all of the accused. Pardon of the 6ffended Party: a! does not e(tinguish criminal liability although it may constitute a bar to the prosecution of the offender; b! applies only to the offenses of seduction, abduction, rape, acts of lasciviousness, adultery and concubinage; c! the offended party may waive the civil liability; d! can be granted only before the institution of the criminal action; e! cannot validly be made sub'ect to a condition; and, f! in adultery and concubinage, the pardon must include both offenders. People vs. Eela Cerna, *.R. +os. ,#=0::C:.2, : 6ctober 1..1!

#*ration and (ffects of Penalties #eclusion perpetua I %wenty years and one day to forty years. "ny person sentenced to any of the perpetual penalties shall be pardoned after undergoing the penalty for thirty years, unless such person by reason of his conduct or some other serious cause shall be considered by the Chief >(ecutive as unworthy of pardon. #eclusion temporal I %welve years and one day to twenty years. Prision ma/or I &i( years and one day to twelve years. Prision correccional! suspension! and destierro I &i( months and one day to si( years. Arresto ma/or I 6ne month and one day to si( months. Arresto menor I 6ne day to thirty days. -ond to =eep the peace I %he bond to 5eep the peace shall be re)uired to cover such period of time as the court may determine. "rticle 1/, Revised Penal Code!

$o%ple- $ri%es %here is a comple( crime when a single act constitutes two or more grave or less grave felonies or when an offense is a necessary means for committing the other. In a comple( crime, although two or more crimes are actually committed, they constitute only one crime in the eyes of the law as well as in the conscience of the offender. %he offender has only one criminal intent, hence there is only one penalty imposed for the commission of a comple( crime. %he penalty for comple( crime is the penalty for the most serious crime, the same to be applied in its ma(imum period. If different crimes resulting from one single act are punished with the same penalty, the penalty for any one of them shall

be imposed, the same to be applied in the ma(imum period. "rticle 20, Revised Penal Code!

Pl*ralit& of $ri%es and $ontin*ing $ri%es Plurality of crimes consists in the successive e(ecution, by the same individual, of different criminal acts, upon any of which no conviction has yet been declared. 7pon the other hand, a continuing crime is a single crime, consisting of a series of acts, but all arising from one criminal resolution where length of time in the commission is immaterial.

Indeter%inate Sentence Law (+ct !o. 61:5) " sentence with a minimum term and a ma(imum term which, the court is mandated to impose for the benefit of a guilty person who is not dis)ualified therefore, when the ma(imum imprisonment e(ceeds one ,! year. It applies to both violations of Revised Penal Code and special penal laws. %he basic purpose of the Indeterminate &entence 4aw is to Hto uplift and redeem valuable human material, and prevent unnecessary and e(cessive deprivation of personal liberty and economic usefulnessH (People vs. >emporada! ".#. $o. %'+&'+! %' 2ecember (**.,. %he Indeterminate &entence 4aw shall not apply to the following persons: ,. 1. #. 2. -. =. /. 0. :. sentenced to death penalty or life imprisonment; treason, or conspiracy or proposal to commit treason; misprision of treason, rebellion, sedition or espionage; piracy; habitual delin)uents; escaped from confinement, or evaded sentence; granted with conditional pardon by the President, but violated the terms thereof; ma(imum term of imprisonment does not e(ceed , year; and, sentenced to the penalty of destierro or suspension only.

Pro ation Law of 14;< Probation is a disposition under which an offender, after conviction and sentence, is released sub'ect to conditions imposed by the court and to the supervision of a probation officer, upon application by the offender within the period for perfecting an appeal. Probation may be granted whether the sentence imposed a term of imprisonment or fine only. <owever, no application for probation shall be entertained or granted if the offender has perfected an appeal from the 'udgment of conviction.

Probation is not available when: a. b. c. %he offender is in need of correctional treatment that can be provided effectively by his commitment to an institution; %here is undue ris5 of committing another crime; Probation will depreciate the seriousness of the offense committed;

d. e. f.

%he offender was sentenced to serve imprisonment of more the si( =! years;

ma(imum

term

of

%he offender was convicted of subversion or any crime against the national security or the public order; %he offender was previously convicted by final 'udgment of an offense punished by imprisonment of not less than , month and , day andFor a fine not less than P1..; %he offender had already been once placed on probation. &ections 0 and :, Presidential Eecree :=0!

g.

Period of Pro ation If the convict is sentenced to a term of imprisonment of not more than one year, the period of probation shall not e(ceed two years. In all other cases, if he is sentenced to more than one year, said period shall not e(ceed si( years. 3hen the sentence imposes a fine only and the offender is made to serve subsidiary imprisonment, the period of probation shall be twice the total number of days of subsidiary imprisonment &ection ,2, Presidential Eecree :=0!.

(-tinction of $ri%inal Lia ilit& Criminal liability is totally e(tinguished by: ,. 1. #. 2. -. =. /. %he death of the convict; &ervice of the sentence; "mnesty, which completely e(tinguishes the penalty and all its effects; "bsolute pardon; Prescription of the crime; Prescription of the penalty; and, ;arriage of the offended woman, as provided in "rticle #22 of the Revised Penal Code. "rticle 0:, Revised Penal Code!

7pon the other hand, criminal liability is partially e(tinguished by: ,. 1. #. Conditional pardon; Commutation of the sentence; and *ood conduct allowances which the culprit may earn while he is serving his sentence. "rticle :2, Revised Penal Code!

+%nest& and Pardon "mnesty is an act of the sovereign power granting oblivion or general pardon for a past offense usually e(tended in favor of certain classes of persons who are sub'ect to trial but have not yet been convicted. It loo5s forward and relieves the offender from the conse)uences of an offense of which he has been convicted; it does not wor5 for the restoration of the rights to hold public office, or the right of suffrage, unless such rights are e(pressly restored by means of pardon. Pardon is an act of grace, proceeding from the power entrusted with the e(ecution of the laws, which e(empts the individual on whom it is bestowed from the punishment the law inflicts for the crime he has committed. It loo5s bac5ward

and abolishes and puts into oblivion the offense itself; it so overloo5s and obliterates the offense with which he is charged that the person released by amnesty stands before the law precisely as though he had committed no offense (?lamas vs. rbos! ".#. $o. 44*+%! %3 ctober %44%,.

Prescription of $ri%es and Penalties Prescription of the crime is the forfeiture or loss of the right of the &tate to prosecute the offender, after the lapse of a certain time. ;eanwhile, prescription of the penalty is the loss or forfeiture of the right of the government to e(ecute the final sentence, after the lapse of a certain time. 8oard of Commissioners vs. Eela Rosa, *.R. +os. :-,11C1#, #, ;ay ,::,!

Prescriptive Period for $ri%es Crimes punishable by: a! b! Eeath, reclusion perpetua or reclusion temporal $ twenty years afflictive penalties $ fifteen years

c! correctional penalties $ ten years e(cept those punishable by arresto ma/or which shall prescribe in five years. Crime of libel $ one year 6ffenses of oral defamation and slander by deed $ si( months 4ight offenses $ two months "rticle :., Revised Penal Code!

Prescriptive Period for Penalties a. b. c. d. Eeath and reclusion perpetua $ twenty years 6ther afflictive penalties $ fifteen years Correctional penalties $ ten years e(cept those punishable by arresto ma/or which shall prescribe in five years. 4ight penalties $ one year "rticle :1, Revised Penal Code!

$ivil Lia ilit& >very person criminally liable for a felony is also civilly liable. %he civil liability of an offender includes: a! Restitution; b! Reparation of the damage caused; c! Indemnification for conse)uential damages. "rticles ,.. and ,.2, Revised Penal Code! Restitution of the thing itself must be made whenever possible even when found in the possession of a third person e(cept when ac)uired by such person in any manner and under the re)uirements which, by law, bar an action for its recovery. Reparation will be ordered by the court if restitution is not possible. %he court shall determine the amount of damage, ta5ing into consideration the price of the thing, whenever possible, and its special sentimental value. Indemnification for conse)uential damages includes not only those caused the in'ured party, but also, those suffered by his family or by a third person by reason of the crime.

>(cept in case of e(tinction of the civil liability of the offender he shall continue to be obliged to satisfy the civil liability resulting from the crime committed by him, notwithstanding the fact that he has served his sentence consisting of deprivation of liberty or other rights, or has not been re)uired to serve the same by reason of amnesty, pardon, commutation of sentence or any other reason. "rticle ,,#, Revised Penal Code!

#*al $haracter of a $ri%e " crime has a dual character: ,! as an offense against the &tate because of the disturbance of the social order; and, 1! as an offense against the private person in'ured by the crime unless it involves the crime of treason, rebellion, espionage, contempt and others wherein no civil liability arises on the part of the offender either because there are no damages to be compensated or there is no private offended party in'ured by the crime! ($uguid vs. $icdao! ".#. $o. %3*'.3! %3 <eptember (**0,

(ffect of +c9*ittal and #is%issal of the $ase %he e(tinction of the penal action does not carry with it e(tinction of the civil unless the e(tinction proceeds from a declaration in a final 'udgment that the fact from which the civil liability might arise did not e(ist. %he dismissal of the information or the criminal action does not affect the right of the offended party to institute or continue the civil action already instituted arising from the offense, because such dismissal or e(tinction of the penal action does not carry with it the e(tinction of the civil action (2a/ap vs. <endiong! ".#. $o. %''40*! (4 1anuar/ (**4,.