Professional Documents
Culture Documents
CRIMINAL LAW 1
Q: Suppose Congress enacted a piece of legislation, and any violation of that law, penalty will be
payment of damages, is that criminal law?
Q: Suppose the form of penalty will be confiscation of license, is that criminal law?
Q: Suppose accused is a HD, will there be prospective or retroactive application of criminal law?
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
CRIMINAL LAW Page 2 of 143
Lecture & Recitation Notes Atty. Maximo Amurao
Q: What is a crime?
Generic term used to refer to a wrongdoing punished either in RPC or under a special law
Q: Who has the power to enact laws?
Congress (Legislative)
Q: We call our penal code, the REVISED PENAL CODE, why, which penal code was revised?
The Spanish Penal Code
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
CRIMINAL LAW Page 3 of 143
Lecture & Recitation Notes Atty. Maximo Amurao
Jan 1, 1932
Q: Why is there a long lapse of time in the effectivity and approval of the RPC?
So that PH will be familiarized with the new provisions of the RPC
CLASSICAL
-the objective is retribution
- the emphasis is on the crime
-consistent with the saying an eye for an eye, a tooth for a tooth
- man has free will to do or not to do
- the criminal liability arises from knowledge and freedom
-man is a rational being
-example: RA 9372 (Human Security Act of 2007)
POSITIVIST
-the objective is reformation
-the emphasis is on the criminal
-believes that crime is a social phenomenon
-sees man as a moral/human being
-man by nature is good
-man is exposed to environment where man is compelled to do a crime
-example: RA 9344 (Juvenile Justice and Welfare Act of 2006)
Probation Law of 1976
Indeterminate Sentence Law
MIXED
-combines the classical and the positivist
-applied classical theory for heinous crimes
-applies the positivist for economic and social crimes
Q: Is this absolute?
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
CRIMINAL LAW Page 4 of 143
Lecture & Recitation Notes Atty. Maximo Amurao
No.
In the crime of treason, PBRD is not the only requirement. There is a requirement of the 2
witness rule
2. Partial or Implied
-the crime is still punishable, but modified (in terms of penalty)
-example: the case of Robin Padilla, PD 1866 was partially repealed by RA 8294, which
reduced the sentence for illegal possession of firearms, thus qualifying Robin Padilla for
parole
3. Self-repealing
-deemed repealed upon the expiration of the date specified by the law
-the law dies a natural death
-example: RA 1700 (Anti-Subversion Law) and Rent Control Law
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
CRIMINAL LAW Page 5 of 143
Lecture & Recitation Notes Atty. Maximo Amurao
Q: Can you give an example of a treaty that is an exception to the generality & territoriality principles of
criminal law?
VFA
Q: When is it exclusive?
PH have exclusive jurisdiction crimes punishable under PH laws but not punishable under US
laws.
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
CRIMINAL LAW Page 6 of 143
Lecture & Recitation Notes Atty. Maximo Amurao
US have exclusive jurisdiction - crimes punishable under US laws but not punishable under PH
laws.
Q: When is it concurrent?
Crimes punishable both under PH and US laws.
EXCEPT:
*crime committed by a US personnel against the property and security of the US Ph has no
jurisdiction, these includes:
1. against the property of the US
2. against the security of the US
3. against the property of another military personnel
4. against the security of another military personnel
5. committed in the performance of official duties
Q: Suppose US military personnel was driving at Roxas Blvd to deliver a confidential letter to the US
embassy, while driving, he run over a pedestrian, which court has jurisdiction?
US. Committed in the performance of official duties.
Q: Suppose one night US military personnel went to the bar, after drinking and being so tipsy, raped a
woman, which court has jurisdiction?
PH. Not in the performance of official duties
Q: Suppose 2 Filipino citizens working as US military personnel in the PH had a quarrel. Filipino 1 shoots
Filipino 2. Who has jurisdiction?
US. Citizenship is immaterial. What is important is attachment to the US military
Q: Suppose the one who was injured filed a civil case for damages, will it prosper?
No. VFA covers only criminal aspect
Q: Suppose you are a judge, the US wrote a letter for you to waive jurisdiction, what will you do?
Generally, the PH has to waive jurisdiction upon request of US. The request for waiver cannot be
rejected.
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
CRIMINAL LAW Page 7 of 143
Lecture & Recitation Notes Atty. Maximo Amurao
NOTE: Art 6, Sec 11, 1987 Consti is not an exception. BECAUSE Congress is only immune from
arrest not from prosecution
Q: What else?
RA 75 Public International Law
Diplomatic immunity and cannot be sued, arrested or punished by the law of the country where
they are officially assigned:
Ambassadors
Sovereign or other chief of State
Ministers plenipotentiary or minister residents
Charge daffairs
Domestic Servants of persons mentioned
NOTE: Consuls and other consular officials are not exempt from criminal liability because they
represent the business, commercial mercantile of their country; while, ambassadors, chiefs of
State, etc. represent the political interests of their country of origin.
WARSHIP RULE
-warship of another country, even though docked in the PH is considered an extension of the
territory of that country
Q: suppose the warship of US is docked at Subic, one day, you went to Subic with your gf, brought her to
the ship, and then raped her. Will you be prosecuted?
No. Warship is an extension US territory
Q: suppose after raping her, you brought your gf to her parents, will you be prosecuted?
No. Warship rule
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
CRIMINAL LAW Page 8 of 143
Lecture & Recitation Notes Atty. Maximo Amurao
Q: Suppose one day, you shut a person at Roxas Blvd, when the police officers were running after you,
you jumped over the fence of US embassy. May the officers arrest you, while you are inside the US
embassy?
No.
Q: suppose a Filipina legally married had sexual intercourse with an American at the Ph embassy. Is there
any crime committed?
Yes. The crime of adultery, but she cannot be prosecuted under Ph courts because of the
embassy rule.
Q: Suppose Ambassador of Japan to the US committed a crime in the Philippines, may he be prosecuted?
Yes, because he is not a recognized diplomatic representative of his country to the Philippines.
Article 2
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
CRIMINAL LAW Page 9 of 143
Lecture & Recitation Notes Atty. Maximo Amurao
Q: Suppose a cargo ship in Quezon going to Malaysia, within Ph territory, 1 crew committed homicide
against another crew, who has jurisdiction?
PH. The crime is committed in PH territory
It is not important whether cargo ship is registered or not, because crime committed in Ph
territory. (Territoriality principle)
Q: Suppose that cargo ship traversed through international waters then reached the waters of Malaysia,
1 crew member committed homicide against another. Which court?
Malaysia. Because the crime is committed in Malaysian waters
^Art 2, par 1 ceases to apply if the ship is in the territory of foreign country
^Art 2, par 1 applies only if the ship is in international waters
Q: Suppose you live in a coastal town, then you hired an unregistered motorboat, then you went to intl
waters, then you shoot your gf because you are so depressed because of recitations in criminal law
review, will you be liable?
No. unregistered motorboat
Q: suppose in the same motorboat, a married man with his new gf went on high seas, and there got
married. Is the man liable for any crime?
Yes. He is liable for bigamy. (because he contracted a second marriage)
BUT he cannot be prosecuted because of the territoriality principle. The crime was committed
outside Ph territory.
Q: suppose after the wedding ceremony, you went to a resort, where there is a big reception. In that
resort, you had your honeymoon; will you (married man) be liable for any crime?
No. Not concubinage because mere sexual intercourse not punishable, it must be under
scandalous manner
Q: suppose after your honeymoon, you live together in a condo in Manila, will you be liable?
Yes. Concubinage
Cohabitation; living in a separate home as husband and wife
French Rule vessel is in the territory of another country, crimes committed in that area are not
triable in that country, unless the crimes committed have endangered the peace and security of
that country; the emphasis is on the nationality of the vessel; jurisdiction lies where the
merchant vessel is registered.
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
CRIMINAL LAW Page 10 of 143
Lecture & Recitation Notes Atty. Maximo Amurao
Q: Cargo ship, registered in Panama while in Manila, 1 crew member shoot the other crew member, who
has jurisdiction?
Ph courts. Crime committed in manila
Q: Cargo ship, registered in Panama, carried shabu, which court has jurisdiction?
Ph courts.
Q: Suppose you have a printing press in Taiwan, and you printed Bagong Lipunan notes (martial law),
liable?
No. Because Bagong Lipunan notes are not legal tender
^those who introduced the counterfeited items are criminally liable, even if they were not the
ones who counterfeited the obligations & securities
^on the other hand, those who counterfeited the items are criminally liable even if they did not
introduce the counterfeit items
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
CRIMINAL LAW Page 11 of 143
Lecture & Recitation Notes Atty. Maximo Amurao
Art 2, par. 4
While being public officers or employees, should commit an offense in the exercise of their
functions
*that his authority to take part in the performance of public functions or to perform public
duties must be
a. by direct provision of the law, or
b. by popular election, or
c. by appointment by competent authority
Q: Suppose PH ambassador to Germany was given USD 200,000 as a fund to renovate the PH embassy
building in Germany. He used only USD 50,000 for the renovation, and gave the USG 150,000 to his
number 2 in Germany. Is he (ambassador) liable?
Yes. He is liable for malversation of public funds. He may be prosecuted in Ph courts.
He was in custody of the money by reason of his official functions
Q: Suppose our AFP high officials were tasked to scout for firearms abroad, and while they are
negotiating with foreign companies abroad, these companies inserted USD1000 in the proposal folder in
anticipation that their company will be chosen by AFP to be the supplier of our firearms. May these AFP
officials be liable?
Yes. They are liable for bribery.
Q: (follow-up) Even if the act of accepting the bribe was committed abroad, will they still be liable?
Yes, because the act was committed in relation or while the AFP are in discharge of their official
functions.
Q: Suppose Chairman Abalos (comelec) while playing golf in Shanghai, China received USD50,000 in
relation to the ZTE? Is there a crime committed? May he be liable?
Crime anti graft & corrupt practices act
BUT, he cannot be liable/prosecuted before Ph courts because Abalos has nothing to do with ZTE
(paki alamera lang siya). Therefore, he received the money not in connection with his official
function.
Q: Suppose the PH ambassador to Australia is legally married. Can he be prosecuted for concubinage?
No. Crime was committed outside PH
Crime was not in relation to official functions
Elements of concubinage:
1. That the man must be married.
2. That he committed any of the following acts:
a. Keeping a mistress in the conjugal dwelling.
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
CRIMINAL LAW Page 12 of 143
Lecture & Recitation Notes Atty. Maximo Amurao
Q: Can the PH ambassador use immunity from suit as a defense against PH courts?
No
Q: PH ambassador, married, had sexual intercourse with her American boyfriend in the comfort room of
PH embassy. May he be prosecuted?
Yes. Ph embassy is an extension of Ph territory
For what crime adultery
Q: Last instance?
Art 2, par 5
Should commit any of the crimes against national security and the law of nations, defined in Title
One of Book Two of this Code.
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
CRIMINAL LAW Page 13 of 143
Lecture & Recitation Notes Atty. Maximo Amurao
Article 3
*An act refers to any kind of body movement that produces change in the outside world. For
example, if you have in your mind that you will rape this beautiful lady, but you did not rape her,
you will not be liable.
*Actus non facit reum, nisi mens sit rea (an act of a criminal should be coupled by a criminal
mind)
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
CRIMINAL LAW Page 14 of 143
Lecture & Recitation Notes Atty. Maximo Amurao
*It does not mean that if an act or omission is punished under the Revised Penal Code, a felony is
already committed. To be considered a felony, it must also be done with dolo or culpa.
*If you do not have freedom, the act is not voluntary; the act is not a felony
Q: Suppose your bf is a police officer, 1 day while you were having your date in Luneta Park, your bf had
to answer the call of nature, so he handed to you his pistol, while you were holding it, the officers
arrested you, may you be liable for illegal possession of firearms?
No. Transient Possession not liable
Although I was in possession, although I have no license to posses, Still not liable because I have
no intent, and this is an exception to mala prohibita
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
CRIMINAL LAW Page 15 of 143
Lecture & Recitation Notes Atty. Maximo Amurao
Q: Suppose the police officers are running after a man, then the man throw his .45 caliber, you were
around the corner and you extended your arms, then the firearm fell on your hands, may you be liable
for illegal possession?
No. Transient possession
Q: Suppose I (atty. Amurao) mortaged my firearm to you for 30 days, and on the 20 th day, there was a
raid in your house, may you be liable for illegal possession?
Yes. There is animus possendi
an act or omission
Act any physical movement of the body (Amurao); any bodily movement
tending to produce some effect in the external world (Reyes)
Omission means inaction; the failure to perform a positive duty which one is
bound to do; there must be a law requiring the performance of an act and
punishing the omission; eg. arbitrary detention; misprision of treason
^What is important is the definition and the classification of the act (whether it
is an offense or a felony)
Special Penal Laws = penalties are stated in terms of years, months, days
Revised Penal Code = penalties are stated in terms of degrees, with death as the
highest penalty; classified as indivisible or divisible
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
CRIMINAL LAW Page 16 of 143
Lecture & Recitation Notes Atty. Maximo Amurao
Fine
Public Censure indivisible
(b) freedom under the compulsion of some irresistible force [Art.12(5)]; fear of
greater injury [Art.12(6)]; failure to perform an act required by law when
prevented by some lawful or insuperable cause [Art.12(7)]
(c) intent by mere accident w/o fault or intent to cause harm [Art.12(4)]
Alibi used in defense saying that the act or omission was not done at all; intends to
disprove the existence of an act or omission; weakest defense; can easily be fabricated;
eg. Vizconde case Webbs alibi = he argued that he was in the US when the crime
happened, therefore, he could not have killed the victims, claiming that he is innocent
Actus non facit reum, nisi mens sit rea an act of a criminal should be coupled by a
criminal mind
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
CRIMINAL LAW Page 17 of 143
Lecture & Recitation Notes Atty. Maximo Amurao
believed them to be
2. that the intention of the accused in performing the act should be lawful
3. that the mistake must be without fault or negligence/carelessness on the part
of the accused
Motive
- special reasons that impel the accused to act (Amurao)
- the moving power which impels one to action for a definite result (Reyes)
- not an essential element of a felony
- evidence of motive is necessary only in case of: (1) doubt in the identity of the accused
(Amurao), (2) two conflicting versions of the crime
- motive is established by the testimony of the witness
- lack of motive may be an aid in showing innocence
Exceptions to the general rule on malum prohibitum crimes (PLEASE REFER TO REYES BOOK)
1. Cuenca v. People
- Cuenca was acquitted by the SC from the crime of illegal possession of an unlicensed firearm; it is said
that the SC erred in its decision (Amurao)
2. People v. Landicho
- convicted by the trial court; decision reversed by the Court of Appeals
- the CA held that convicting the accused would be sacrificing substantial justice for mere technicality
3. People v. Mallare
- case was about the delay of the issuance of the license
- the accused convicted by the trial court; decision reversed by the CA
- the CA held that the blame should be put on the government not on the applicant of the license
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
CRIMINAL LAW Page 18 of 143
Lecture & Recitation Notes Atty. Maximo Amurao
Article 4
As a general rule, the offender is criminally liable for all the consequences of his felonious act,
although not intended, if the felonious act is the proximate cause of the felony or resulting
felony.
A proximate cause is not necessarily the immediate cause. This may be a cause which is far and
remote from the consequence which sets into motion other causes which resulted in
the felony.
*Victim is under no obligation to submit to medical treatment to reduce or mitigate the liability of the
accused.
Q: A, B, C hold up a bus, a passenger ran away, hit by the car, passenger died. Who is liable?
ABC
Q: Hold up in a nearby grocery store, old man suddenly collapsed seeing the commotion, old man
eventually died, who is liable?
Robbers
Immediate cause heart failure
Q: Suppose Atty Amurao during recit, you collapsed, hit the table and massive bleeding, dead on arrival,
is amurao liable?
No. Recit is not a crime
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
CRIMINAL LAW Page 19 of 143
Lecture & Recitation Notes Atty. Maximo Amurao
Q: suppose because of your wrong answers, amurao shouted defamatory words, liable?
Yes. Amurao committed slander
Q: Sexual intercourse with a married woman, while doing the act, the woman had heart attack, will you
be liable?
Yes. You committed adultery
Q: Man married, had a sexual intercourse with a single woman, the woman had heart attack, died. Will
you be liable?
No. Concubinage is not committed
Q: If the student is under 18 years old, will your answer be the same?
No. This time there is a crime. Qualified seduction or rape by grave abuse of authority
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
CRIMINAL LAW Page 20 of 143
Lecture & Recitation Notes Atty. Maximo Amurao
^Urbano case
Causes which may produce a result different from that which the offender intended, as contemplated
in Art. 4 (1)
Article 4(1) does not apply if the act committed constitutes a crime punishable by special law
Concubinage - instances
- a husband bringing home a woman, that is not his wife, to the conjugal dwelling
- having sexual intercourse under scandalous circumstances
- cohabitation; living in a separate home as husband and wife
Proximate Cause
- there is a chain of causes from an original act that results to an injury
- if the result can be traced back to the original act, then the doer of the original act can be held liable
Efficient Intervening Cause interrupted the natural flow of events leading to ones death
Q: Suppose son forged signature of his father in a check, the deposited the check, but was dishonored, is
this impossible crime?
No. Falsification of commercial document. Forgery is a crime against public interest
Q: Your room mate kukunin yung jewelry na nasa cabinet na naka-lock, tapos wala pala yung jewelry dun
sa cabinet, impossible crime?
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
CRIMINAL LAW Page 21 of 143
Lecture & Recitation Notes Atty. Maximo Amurao
i. the wound(s) is/are sufficient to cause victims death along with the disease
ii. the mortal wound was caused by actions committed by the accused
2. When the death was caused by an infection of the wound due to the unskilled medical treatment
from the doctors:
(a) if the wound is mortal = accused is criminally liable, because the unskilled treatment
+ infection are not efficient intervening causes
mortal wound + unskilled medical treatment only = accused is criminally liable because
the mortal wound naturally led to the death of the victim
(b) if the wound is slight = accused is not criminally liable, because the unskilled
treatment + infection are efficient intervening causes
*In Urbano v. IAC, the wound caused by accused Urbano was already treated and was in the normal
process of healing which is in approximately 4weeks; but because deceased Javier did not wait for the
wound to heal and still worked by fishing, his wound got infected with tetanus which caused his death.
The actions of the deceased when he still worked without waiting for his wound to heal was an efficient
intervening cause, thus the accused is not liable for his death anymore.
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
CRIMINAL LAW Page 22 of 143
Lecture & Recitation Notes Atty. Maximo Amurao
The purpose of punishing an impossible crime is to prevent or suppress the criminal tendency of
the accused
Persons found guilty of impossible crimes are sentenced to arrestor mayor (1mo.1day to 6mos.)
pursuant to Article 59 of the Revised Penal Code
Should there be a crime committed, in order to be held liable for an impossible crime? YES; the act(s)
should constitute a crime against persons or property
Rape used to be a crime against chastity; but because of RA 8353, rape was reclassified as a crime
against persons, therefore, one can now be held liable for the impossible crime of rape
In People v. Intod, the Court erred in its decision of considering the acts of the accused as an impossible
crime under Art.4(2) of the RPC because the 4th element/requisite was not satisfied. The acts of the
accused of shooting at the house and damaging the same, can constitute as malicious mischief, which is
a crime against property. Therefore, the accused should have been charged with the latter instead of
finding them guilty only of the impossible crime of murder.
July 4, 2011
Q: if there is a crime intended and a crime committed is different, what is the extent of criminal liability?
The lesser penalty will be imposed.
If the crime intended has a lesser penalty, then that will be charged
If the crime committed has a lesser penalty, then that will be charged
Q: Suppose you will rob a jeepney, because of fear, the passenger jumped of and died, will be liable?
Yes. Because I am committing a felony, and I am liable for its effects.
Q: Suppose Amurao during your recit, pointed a gun at you because of your wrong answers, then you
collapsed and died. is amurao liable?
Yes. There is grave threat
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
CRIMINAL LAW Page 23 of 143
Lecture & Recitation Notes Atty. Maximo Amurao
Q: Suppose because of your low grade in criminal law review, you break up with your boyfriend being so
sad, your bf collapsed and died, liable?
No. Breaking up is not a felony
Q: Suppose while you and your boyfriend is doing the act itself (do I need to elaboratealam mo na
yan), your bf collapsed and died, will you be liable?
No. The act of having sex is not a felony.
Q: Suppose man had sexual intercourse with married woman, but the woman consented, crime?
Adultery
Article 5
3. in that case, the court must render the proper decision by dismissing the case and acquitting
the accused
4. the judge must then make a report to the Chief Executive through the Secretary of Justice
stating the reasons which induce him to believe that the said act should be made the subject of
penal legislation
Why dismiss? In the absence of a law that will punish the accused, the judge cannot impose a penalty
because the duty of the judge is only to interpret or apply the law; the judge cannot reprimand or curse
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
CRIMINAL LAW Page 24 of 143
Lecture & Recitation Notes Atty. Maximo Amurao
the accused because it would equate to public censure; the reprimand would be inconsistent with the
acquittal
The President has the power to grant executive clemency, through pardon, parole, commutation
(reduction of sentence), reprieve or amnesty
Article 5(2) may not be invoked in cases involving acts mala prohibita because said article only
applies to acts mala in se because the ruling is based on the phrase in the provision, takes into
consideration the degree of malice
Article 6
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
CRIMINAL LAW Page 25 of 143
Lecture & Recitation Notes Atty. Maximo Amurao
Subjective phase from the time the offender commences the commission up to the
performance of the last act where he still has control; an attempted felony is committed within
the subjective phase and does not go beyond this phase
Objective phase frustrated and consummated felonies are within the objective phase
(a) frustrated the felony is complete but still is still not produced as far as the offender is
concerned
(b) consummated when all the elements under the Revised Penal Code are present
REMEMBER: in Arson
(a) consummated = so long as a part of the building is burned, no matter how small
(b) frustrated = if only the contents of the building (eg. chairs and tables) are burned
^Intent is always established. Kahit pa apprehended at the time ot in the act of bringing/getting
gasoline attempted pa din
Q: Suppose built in cabinets, burned the clothes in the cabinet, including the cabinet?
Consummated arson, deemed part of the bldg
Q: Supposing, the accused brought gasoline into a building, with the intent to burn the building, but
was apprehended by the security guard; did the crime of arson commence?
YES, thus the accused is liable for attempted arson, because the bringing of gasoline was
already an overt act while the apprehension was the reason other than his own spontaneous desistance.
Q: Supposing, using the same set of facts above, but without the intent to burn the building, is there
criminal liability?
NO, in fact there is no crime, because the acts were only in an indeterminate stage.
Indeterminate Stage we do not know what crime is in the mind of the offender; the crime has not
yet been determined; there are still two possibilities when the accused was caught
According to Prof. Amurao, when a person is accused of committing a felony, we have to first establish
the crime in the mind of the offender to establish the commencement of the commission of the felony;
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otherwise, the situation when he was caught would be in an indeterminate stage, wherein the crime
that the accused intended to do could not be determined
Theft/Robbery
- both these crimes are committed by taking the personal property of another and, with the
intent to gain
- so long as the act stated in the RPC is done, the crime is consummated
- it does not matter how long the property was in the possession of the accused; it does not
matter whether the property was disposed or not; what matters is whether or not there was
asportacion = unlawful taking
- returning the item to the owner is immaterial; has no effect to the crime
Q: you are walking in recto, cellphone was snatched, but it was return to you. What stage?
Consummated
Q: suppose in a private subdivision, with intent to commit robbery, you are tinkering with the lock of a
gate, the security guard apprehended you. Liable?
Yes. Attempted robbery
Q: suppose you intent to commit robbery, then you place a ladder at the wall of the house, when you
place the ladder, you were apprehended. Liable?
Yes. Attempted robbery
Q: if no intent?
Not liable
Q: accused trying to open your car, problem is silent with the intent, may you be liable for attempted
theft?
No.
Opening the door of the car only indeterminate stage
Q: Supposing, the accused was tinkering with the lock of the gate of a neighbors house, without the
intent to commit a felony; is he liable for anything?
NO, because the situation was in an indeterminate stage wherein it could not be determined
what the accused intended to do
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year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
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CRIMINAL LAW Page 27 of 143
Lecture & Recitation Notes Atty. Maximo Amurao
Q: Supposing, the accused jumped over the fence into another persons house without the intent to
commit robbery, is he liable for attempted robbery?
NO, but he is liable for the crime of trespassing
^Same with arson, when a person is accused of committing a felony, we have to first establish
the crime in the mind of the offender to establish the commencement of the commission of the
felony; otherwise, the situation when he was caught would be in an indeterminate stage,
wherein the crime that the accused intended to do could not be determined
In People v. Lamahang, the accused was able to open one board of the door to private respondent Tan
Yus store, when the police caught him. The SC ruled that the accused is not liable for attempted
robbery because the intent to rob Tan Yus store was not established, thus when accused was caught, it
was in an indeterminate stage. But the Court held him liable for attempted trespass to dwelling
In People v. Salvilla, the accused were held liable for the crime of robbery with serious illegal detention
and serious physical injuries, and not frustrated robbery, even without physical taking or possession of
the money they demanded because the money was within the dominion, which the accused had
control over and it was where the crime was being committed. During whole time when negotiations
went on between the accused and the police, the crime of robbery was deemed consummated
Q: suppose hold up in a grocery store, hold uppers asked the cashier to place the money inside a bag, no
one hold the money. Is the crime consummated?
Yes. There is constructive control
July 5, 2011
iii. Parricide killing a relative, i.e. spouse, parent, child, sibling, etc.
iv. Infanticide killing a child less than three (3) days old
- even without intent, the moment the victim dies, intent is presumed by operation of law and
the crime is consummated
- if the victim doesnt die but the wound inflicted is mortal, it is frustrated
- if the there is no intent to kill, but the wound inflicted is mortal or fatal, the crime is not either
MHPI but serious physical injuries
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Lecture & Recitation Notes Atty. Maximo Amurao
Mortal when the wound inflicted can cause the death of the victim; when death will follow
- for frustrated & attempted cases, it is important to determine intent to kill
Q: Supposing, in a car accident, the accused hits a person causing mortal wounds, but the victim does
not die, is the driver-accused liable for frustrated homicide?
NO, he is only liable for serious physical injuries
1. victim dies, with or without the intention to kill, intent is conclusively presumed by operation
of law, the crime is consummated MHPI
2. victim does not die, with the intent to kill, mortal wounds were inflicted, the crime is
frustrated MHPI
3. victim does not die, with the intent to kill, non-mortal wounds were inflicted, the crime is
attempted MHPI
4. victim does not die because there was only an overt act and no wound was inflicted, but there
was intent to kill, the crime is attempted MHPI
5. victim does not die, without the intent to kill, mortal wounds were inflicted, the crime is
serious physical injuries
6. victim does not die, without the intent to kill, non-mortal wounds were inflicted, the crime is
less serious or slight physical injuries
Illustration:
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CRIMINAL LAW Page 29 of 143
Lecture & Recitation Notes Atty. Maximo Amurao
In People v. Trinidad, the trial court held the accused criminally liable of two counts of murder (for killing
Soriano and Laroa) and frustrated murder (for shooting at Tan). The SC modified the decision by ruling
that the accused was liable for two counts of murder and attempted murder, not frustrated, because the
wound inflicted on Tan was not mortal or fatal
In People v. Lim San, the trial court held the accused criminally liable of attempted murder for stabbing
Keng Kin in the left eye. The SC modified the decision by ruling that the accused should be liable of
frustrated murder because not only was it established that there was intent to kill, but also the wound
inflicted was mortal. It just so happened that the victim did not die because of the prompt and efficient
medical assistance given to the victim. The treatment was the cause independent of the will of the
accused.
In Mondragon v. People, the SC held that the accused was only guilty of less serious physical injuries
because when the accused and the victim were hacking each other with their bolos, there was no intent
to kill on neither party; and also because the victim did not die since the wounds were not mortal
RAPE
- the crime of rape is consummated by mere penetration of the male organ, no matter how slight
Q: Supposing, the rape was consummated because there was penetration, but according to the medical
examination, the victim was still a virgin, can the accused still be held liable for consummated rape?
YES, as long as there is penetration, the rape is consummated.
In People v. Orita, the medical examiner testified that the victim was still a virgin therefore the rape may
not have been consummated. But the SC ruled that the testimony of the victim herself should be given
greater weight because she herself can feel whether or not there was penetration.
- when there is epidermal touching of the genital organs of the accused and the victim
The difference between attempted rape and acts of lasciviousness is that with the former, there is
carnal knowledge or the intent to have sexual intercourse is established
There is no such thing as frustrated rape; the only exception was when the SC ruled in People v. Eria
that the accused was guilty of frustrated rape. Thereafter, no one has since been held guilty of frustrated
rape.
NOTES BY:
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year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
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CRIMINAL LAW Page 30 of 143
Lecture & Recitation Notes Atty. Maximo Amurao
ESTAFA
- the elements for the crime of estafa are (1) deceit, and (2) damage
- without one of the two elements, estafa would not be consummated
In US v. Dominguez, the SC ruled that the accused was guilty of frustrated estafa because before
accused could cause damage by disposing of the money that he deceitfully took, he was apprehended by
their stores supervisor, which was the cause independent of the will of the accused.
Q: Supposing, with intent to kill, the accused fires a gun at someone but misses, what crime is the
accused liable for? Attempted homicide
Q: Supposing, using the same set of facts, but without the intent to kill, what crime is the accused
liable for?
- for pulling out the gun and pointing it = grave threat
- for firing the gun = illegal discharge of firearm (obsolete; must be deleted)
Q: Supposing, with intent to kill, the accused fires a gun at someone, then accused leaves thinking that
the victim is already dead. The accused did not know that he missed because the victim played dead.
What crime is the accused liable for? Attempted homicide, attempted because there was no wound, but
there was still intent to kill. What is important is that there was no wound
Q: Supposing, with intent to kill, the accused fires a gun at someone, then accused leaves thinking that
the victim is already dead. The victim is hit but it is not fatal or mortal. What crime is the accused liable
for? Still Attempted homicide, because what is important is the extent or gravity of the wound. (People
v. Orinaga)
Q: suppose a sales lady in the department store, place the jewelry inside her bag, but the jewelry was
recovered by the security guard, crime?
Consummated qualified theft
Q: suppose the sales lady, sold the jewelry and used the money, crime?
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Lecture & Recitation Notes Atty. Maximo Amurao
Estafa
Q: suppose the sales lady, sold the jewelry and returned the money at 6pm?
Frustrated Estafa
Q: suppose 2 crew members discovered the presence of a stow away and they want to eliminate the
stow away, so they decided throw the stow away in the sea, where there is sharp object, but after you
leave, a fishing vessel was there to help the stow away, there was no wound, crime?
Frustrated murder
INTENT TO KILL
Article 7
General Rule: Light felonies are punishable only when they have been consummated
Reason: involves insignificant moral and material injuries; if not consummated, the wrong done is so
slight that a penalty is unnecessary
Exception: Light felonies committed against persons or property are punishable even if in the
attempted or frustrated stage
Reason: presupposes moral depravity
For light felonies, the only ones who can be held liable are the principals and accomplices.
For grave or less grave felonies, those who can be held liable are principals, accomplices and even
accessories, because the degree of the penalty to be imposed depends on 3 factors:
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Q: When punishable?
Only when consummated
Q: Is this absolute?
No. If against persons or property
Q: Reason.
Article 8
Q: what is conspiracy?
- Conspiracy exists when two or more persons come to an agreement concerning the
commission of a felony and decide to commit it
- Proposal exists when the person who has decided to commit a felony proposes its execution to
some other person or persons
General rule: Conspiracy and proposal to commit a felony are not punishable
Reason: because they are mere preparatory acts (Reyes)
Exception: Conspiracy and proposal are punishable only in the cases in which the law specially
provides a penalty thereof
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Q: if established?
Collective responsibility act of one, act of all
BEFORE, DURING, AFTER -- acts of each of the accused may be separate, independent of each
other but must show close personal association; closely related to each other, there is coordination.
Q: A B C D E (robbers) agreed and decided to commit bank robbery. A stayed in the getaway car 100
meters from the bank; B look-out C disarm the security guard D & E commit robbery. E shot to death the
bank manager. Will A be liable for the death?
YES. There is conspiracy. Act of 1, act of all
Q: 1, 2, 3, 4, 5 met in safe house discussed, agreed and decided to commit robbery. When they were
about to rob the bank, they saw the police around the bank. Liable?
No. Mere conspiracy not punishable
Q: 5 members of army decided to commit coup d etat, met in safe house to discuss plan, liable?
Yes. Conspiracy to commit coup d etat is punishable
NOTES BY:
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year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
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Q: 1, 2, 3, 4, 5, agreed to commit a felony when about to meet the next morning. 5 did not arrive for
emergency purposes. 1, 2, 3, 4 commit the felony and was caught. Is number 5 liable?
No. He is not a conspirator.
A conspirator must agree, decide and execute the over act
5 was not present
Q: suppose 5 was not the driver, but he was sittig in front of the van, then after alighting went home,
liable?
No. There is no overt act (pasahero lang siya sa van)
(v) Conspiracy to commit terrorism - under the Human Security Act (RA9372)
(vi) Conspiracy to commit crimes under the Comprehensive Dangerous Drugs Act (RA 9165)
NOTES BY:
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CRIMINAL LAW Page 35 of 143
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It is the burden of the prosecution to prove the existence of conspiracy through circumstantial evidence
unless there is a confession or written agreement, which is seldom because criminals will usually deny
their participation or the commission of the crime
Q: How about the use of words, remarks or language of the perpetrators, can conspiracy still be
ascertained or established? YES
Q: May there be conspiracy when the perpetrators perform separate, distinct and independent acts in
the commission of a crime? YES
Q:May there be conspiracy even if other conspirators do not know who the other conspirators are? YES
*In People v. Manlolo, it was held that there was implied conspiracy on the part of the accused because
they were acting in concert, one performing an act, the other doing another act, all aimed at the same
object
- all of which are geared towards the attainment of the felony or crime
Q: Supposing, only minor acts were done, will the actor still be liable? YES
Q: Supposing, there was no conspiracy, what will happen? The perpetrators of the crime will be
individually liable depending the extent of the degree of each ones participation
In People v. Agapinay, the SC ruled that there was no conspiracy in commission of the murder because
the incident was only a spur of the moment or in this case, a chance stabbing, which cannot be
considered conspiracy, thus they were held individually liable, some as principals and some as
accomplices only
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year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
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CRIMINAL LAW Page 36 of 143
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Q: Supposing, there was only mere presence of a person when the crime was being committed, will he
be liable?
NO, that person not participating shall not be liable because he did not perform any overt act;
there should be an overt act to establish the participation and liability of a person
Q: Supposing, the persons presence when the crime was being committed was to provide was to
provide moral support, or to persuade the participants from performing the acts constituting the
crime, will he be liable?
YES, in both cases the person shall be held criminally liable
In order to hold someone criminally liable, in addition to mere presence, there should be overt acts that
are closely-related and coordinated to establish the presence of common criminal design and
community of purpose in the commission of the crime.
In People v. Taaca, the SC ruled to acquit Regalado because there was no evidence to prove that
Regalado assisted his brother Herminio in the killing of Alfredo Gabuat; there was no proof to show that
Regalados presence was accompanied by overt acts for the commission of the crime and that there was
no proof of conspiracy between the Taaca brothers.
In People v. De La Cruz, the SC also ruled that the mere presence of the Galaw-eys were not enough to
prove that they conspired to the commission of the crime despite the fact Galaw-ey had a grudge against
one of the victims; his participation in a conspiracy cannot be assumed especially when no acts by the
Galaw-eys proved to be connected with the crime.
In People v. Manero, however, the SC ruled that even though the accused-appellants were not present
in the actual commission of the crimes, it was established that they met in an eatery and conspired to
liquidate communist sympathizers; therefore they were still held criminally liable.
Q: Supposing, one person desisted from participating in the actual crime and instead decided to stay
inside the get-away car to wait for the others, is he liable?
YES, he is still liable despite desistance to participate in the actual crime because he can still
assist the others with the escape using the get-away car
Q: Supposing, while committing the crime of robbery, an additional crime was committed that was not
part of the original plan, eg. homicide; can all the participants be convicted of the crime of robbery with
homicide, even though some of them performed very minor acts (i.e. look-outs or drivers, etc)?
YES, they can all be held liable for that same crime, because it is not required that all the
participants perform each and every detail in the commission of the crime; as long as the acts
performed are closely coordinated and that they have the same criminal purpose.
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CRIMINAL LAW Page 37 of 143
Lecture & Recitation Notes Atty. Maximo Amurao
Article 9
1. Grave Felonies those that the law attaches the capital punishment or penalties that are
afflictive based on Article 25 of the RPC
2. Less Grave Felonies those that the law punishes with penalties whose maximum periods are
correctional
3. Light felonies infractions of law that are punishable by arresto menor or fines
Illustration:
Death
Reclusion Temporal
Prision Mayor
Prision Correccional
Suspension
Destierro
Arresto Menor
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CRIMINAL LAW Page 38 of 143
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Public Censure
The classification in Article 25 of the RPC assumes significance on Article 91 of the RPC on Prescription:
(i) Prescription of a crime refers to the expiration of a certain period, after which a person cannot be
prosecuted for the crime anymore; contemplates that there has been no judgment of conviction yet
(ii) Prescription of penalty refers to the expiration of a period of time after which the penalty imposed
by the courts cannot be enforced anymore; contemplates that there has been a final judgment by the
courts
Article 10
- provisions of the Revised Penal Code shall not be applied with of violations of special laws, but
if a special law is silent in terms of a penalty for example, the absence shall be provided by the
Revised Penal Code.
But generally:
- for violations of the RPC = what law governs? the Revised Penal Code
- for violations of special law = what law governs? Special penal laws
Examples of provisions in the RPC that have suppletory application pursuant to Article 10 of the RPC
1. Article 100 Civil Liability; there are two sides of crime, the criminal liability and the civil liability, the
former imposes the penalty prescribed for the crime, the latter is for the payment of damages
2. Article 22 Retroactive Application; the law becomes favorable to the accused as long as he is not a
habitual criminal and is convicted by final judgment
3. Article 17 Principals; are classified into three: (1) by direct participation, (2) by inducement, (3) by
indispensable cooperation
6. Article 8 Conspiracy; in violation of the Human Security Act(RA9372), Dangerous Drugs Act, sec 26
only (RA9165), Bouncing Checks Law (BP22)
*If the Death Penalty was not abolished, it will also be given suppletory application
allowed.
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year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
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CRIMINAL LAW Page 39 of 143
Lecture & Recitation Notes Atty. Maximo Amurao
In justifying and exempting circumstances, there is no criminal liability. When an accused invokes them,
he in effect admits the commission of a crime but tries to avoid the liability thereof. The burden is upon
him to establish beyond reasonable doubt the required conditions to justify or exempt his acts from
criminal liability. What is shifted is only the burden of evidence, not the burden of proof.
Article 11
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CRIMINAL LAW Page 40 of 143
Lecture & Recitation Notes Atty. Maximo Amurao
* It is the obligation of the accused to prove self-defense through clear and convincing
evidence; if the evidence is not clear, there will be a conviction
When all the elements of self-defense are present = the person defending himself is free from criminal
liability and civil liability
When only a majority of the elements are present = privileged mitigating circumstance, provided
there is unlawful aggression
When only a majority of the elements are present, there is an incomplete self-defense, but it is still
necessary to have the element of unlawful aggression, because it is the most important element
Unlawful Aggression
- an indispensable element
- a sudden unprovoked unlawful attack that exposes a persons life or limb to actual, real,
imminent danger; mere threatening, imagined or speculative danger is not enough
When there is no unlawful aggression, there is no need to defend oneself; when there is no need to
defend oneself, there is no need for a reasonable defensive act; when there is no need for a reasonable
defensive act, there is no need for reasonable means to prevent or repel something; therefore, without
unlawful aggression, everything else will be erased
Because unlawful aggression produced a danger, there comes a need to eliminate that danger; that
need is a response impelled by self-preservation; the means used to eliminate the danger should be
reasonable and the means needed to be employed can be determined based on the extent of the
unlawful aggression
Q: Supposing, you wrested the knife from a robber. If he is still trying to get back the knife, there is
unlawful aggression, because unlawful aggression is continuing if the attacker is trying to regain control
over the situation
^The first principle in all criminal cases is that: the accused will always be presumed innocent
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CRIMINAL LAW Page 41 of 143
Lecture & Recitation Notes Atty. Maximo Amurao
The presumption of innocence principle, of all disputable presumptions, is the strongest because to
overthrow it, the Court requires that the law proves the guilt of an accused beyond reasonable doubt
The burden or duty to prove guilt lies with the prosecution or the government and they should
introduce evidence beyond reasonable doubt; the prosecution should rely on the strength of its own
evidence and should not depend on the evidence of the defense; these principles, however, will change
when the defense invokes, self-defense, defense of a relative, or defense of a stranger, because the
accused must always admit first the fact of killing the victim, thus the burden is lifted from the
prosecution and shifts to the defense
If the evidence for both sides is weak, the accused will be acquitted
The prosecutions weakness is cured when the defense invokes, self-defense, defense of a relative, or
defense of a stranger because there is an admission of the killing
If the evidence of the defense is not clear and convincing, conviction will be sure, as sure the sun rises
at the East
The admission involved is only an admission of facts, backed up by clear and convincing evidence; it
not an admission of guilt, because if so, the Court can stop the prosecution and render judgment
The Court should put itself in the shoes of the accused during the time when the accused allegedly
defended himself
Q: Supposing, after you wrested the knife from the robber (who is the obvious aggressor in this case),
the robber/aggressor runs away, is there still unlawful aggression?
NO, when the aggressor flees unlawful aggression no longer exists; and if you still kill the
aggressor in this situation, self-defense cannot be invoked anymore
Q: Supposing, using the same facts mentioned earlier, but the retreat of the aggressor was with the
purpose to take a more advantageous position or to get a more effective weapon, to insure the success
of his attack, is there still unlawful aggression?
YES, when the purpose of retreating is to take a more advantageous position or to do something
to insure the success of his attack, unlawful aggression is continuing, therefore the danger is
still continuing; in this case, the accused or the person defending himself, does not have to wait
for the aggressor to get another weapon
Q: Supposing, there is an agreement to fight or a challenge to fight was accepted, is there unlawful
aggression on one of the parties?
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CRIMINAL LAW Page 42 of 143
Lecture & Recitation Notes Atty. Maximo Amurao
NO, there is no unlawful aggression in agreements to fight because self-defense cannot invoked
since both parties are assailant and assaulted
Q: Supposing, using the same facts above, there is agreement, but one of the parties attacks the other
even before the agreed time arrives, is there unlawful aggression?
YES, when the attack is made ahead of the time agreed upon, there is unlawful aggression
Q: Supposing, the aggressor used a toy gun and the person defending himself killed the aggressor,
believing that the gun was real, is he still criminally liable?
NO, assuming clear and convincing evidence is provided, and that the accused believed the
weapon/gun to be real, then honest mistake of fact while in self-defense can be invoke
In determining reasonable means, the some facts and circumstances can be considered as factors,
such as:
1. emergency to which the person defending himself has been exposed to
2. presence of imminent danger
3. impelled by the instinct of self-preservation
4. nature of the weapon used by the accused compared to the weapon of the aggressor
5. size and/or physical character of the aggressor compared to the accused and other
circumstances that can be considered showing disparity between aggressor and accused
Factors: age, size, location, other circumstances, character or nature of weapon, physical character,
reputation
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CRIMINAL LAW Page 43 of 143
Lecture & Recitation Notes Atty. Maximo Amurao
Defending Property
Defense of property should be coupled with danger to the person defending oneself; if there is no
danger to the person or the person's life or limb, defense of property cannot be invoked.
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CRIMINAL LAW Page 44 of 143
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*Such a case, you are not defending your own property, but your own person?
Defense of OWN property not OF property
Q: Suppose hitting only the lower portion of the body, not killing the aggressor, defense of property, may
be claimed?
YES. As long as not to the extent of killing
^pag napatay mo, dapat may assault on your own person, right to life is superior to right to
property
Q: Supposing, using a knife, someone slashed your bag to get its contents, after which you were able to
wrest the knife from him, and you stabbed him, causing him to die, can you invoke defense of property?
NO, because there was no imminent danger to your life or limb since you already have control of
the knife
Q: Supposing, you caught some people inside your house in the act of stealing your household items,
assuming you have a gun, can you use the gun and shoot at them or even kill them?
YES (according to Prof. Amurao, you can even stage the crime scene to your favor) because if you
do not shoot them, they will surely use their weapons against you and even try to kill you
anyway. Its better to hit them first. (Defense of home, check Reyes)
Q: Supposing, a prostitute disagrees to have sexual intercourse with someone, but the latter still forces
his way with the prostitute with carnal knowledge, tries to rape her, then the prostitute takes out a knife
in her bag and stabs the guy, can she invoke defense of honor despite being a prostitute?
YES, a prostitute is still entitled to the right of defense of honor and the knife was a reasonable
means used.
Defense of home
Without assault of person, justified? NO.
Q: In defending your car being stolen, fired at the tires, which hit a by-stander, liable?
No. Justified for all consequences of the act relate to art 4 (par1) not committing a felony
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
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Q: A and B are long standing enemies. Because of their continuous quarrel over the boundaries of their
adjoining properties, when A saw B one afternoon, he approached the latter in a menacing manner with
a bolo in his hand. When he was about five feet away from B, B pulled out a revolver and shot A on the
chest,killing him. Is B criminally liable? What crime was committed, if any?
applies the same concept of unlawful aggression and reasonable necessity of means
employed, as contemplated in Art. 11(1) on self-defense
Spouse should be the legitimate husband or wife
common law marriages are not included; the common law spouse is considered a stranger
Who can determine being legitimate? the Court; the validity, legality, illegality of the parties cannot be
determined by themselves
NOTES BY:
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year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
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Q: Supposing a husband defends a common law wife by killing an attacker, can he invoke defense of
relative?
NO, but he may invoke defense of a stranger
Q: Supposing a husband defends a second wife by killing an attacker; considering that the marriage
between him and his first wife is not null and void, thus making his second marriage bigamous, can he
still invoke defense of relative?
YES, the presumption is that all marriages are legal and valid. Even in the absence of a judicial
declaration of nullity (JDN) of the first marriage, the second marriage is considered valid, thus
defense of relative can be invoked.
Q: Supposing the husband and his first wife are on legal separation, then he defends her from an
attacker, can he invoke defense of relative?
YES, because there is no JDN to say that their marriage is null and void.
Q: Supposing, husband and wife successfully annuls their marriage and they have secured a JDN on the
grounds of psychological incapacity, then incidentally, he defends her from an attacker, can he invoke
defense of relative?
NO, because there is no marriage anymore between them; the JDN, once it is approved by the
RTC and is final and executory, it will have an effect wherein as if no marriage existed between
the defender and the one defended; therefore, what can be invoked is defense of a stranger.
Q: Supposing husband and wife has a pending case for annulment due to psychological incapacity of one
of the parties, then incidentally, he defends her from an attacker, can he invoke defense of relative?
YES, because there is no JDN that has nullified the marriage
Q: Supposing, a great, great, great, great grandfather is attacked and is defended by his illegitimate
grandchild, can the grandchild invoke defense of relative?
YES, because the no distinction in the Revised Penal Code whether the descendant should be
legitimate or illegitimate; when the law does not distinguish, the courts cannot distinguish
Q: Supposing, a father defends his adopted daughter from an attacker, can he invoke defense of relative?
NO, defense of relative cannot be invoked because the law does not contemplate adopted
children as descendants and also does not contemplate adoptive parents as ascendants, to
qualify as relatives contemplated under Art. 11(2) RPC
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
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2. natural siblings, who at the time of their conception with the same parents, the parents are
not married but are not disqualified by any legal impediment to marry each other; if parents are
disqualified to marry by any impediment, the child is illegitimate
3. adopted there should be a judicial proceeding in court validating the adoption in order to be
considered under defense of relative as contemplated; an extrajudicial proceeding on the
adoption is not enough
Illustration:
parent (2nd degree)
daughter-in-law-----son daughter-----son-in-law
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
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Q: Supposing, your brother provoked someone and started a fight, when you came to his aid, you did not
know that it was your brother who started the fight, but when you saw him, his enemy was on the verge
of stabbing your brother, so you shot his enemy, can you effectively and validly invoke defense of a
relative?
YES, because at that very moment the life and limb of your brother was in actual, imminent and
real danger; there was no time for you to investigate what really happened. The person
defending has the right to act on mere appearance (Amurao)
Q: Suppose man and woman living together without benefit of marriage, can claim self-defense?
No.
Common law spouse not contemplated
They are entitled to claim defense of stranger
Q: Husband and wife, Ph citizens married in hongkong. After marriage, discovered they were 1 st cousins,
solemnizing officer in hongkong not authorized, can they claim defense of relative?
Yes. Absent a judicial declaration, marriage presumed existing
Q: Suppose the action for judicial declaration is pending, can they claim defense of relative?
Yes. There is no judicial declaration yet.
Q: suppose what was filed was legal separation, and there is a decree of legal separation, can claim
defense of relative?
Yes. Legal separation doe not terminate marriage.
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
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4th degree
Defense of stranger
What are the elements?
Give an example
Requisites:
- same concept of unlawful aggression and reasonable necessity of the means employed to prevent or
repel the aggression; aside from those two there is a 3rd requisite: the person defending should not be
induced by revenge, resentment, or other evil motive
- Requisites:
1. the evil actually exists
2. the injury feared be greater than that done to avoid it
3. there be no other practical and less harmful means of prevention
The damage to another contemplated are: (Reyes)
-injury to persons
- damage to property
Ones own life is more important than anyone else (Amurao)
The greater evil should not be brought about by the negligence or imprudence of the person who
committed the offense
Q: criminal liability? No
The fulfillment of duty must be done carefully, with due performance; no carelessness, no
negligence/imprudence, no abuse
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
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The exercise of public office was committed with negligence and abuse of authority = are not
applicable, the exercise must be lawful!
Q: Supposing, a raiding team tasked to confiscate drugs broke the class cabinets in search of the drugs,
was there abuse of authority? YES, because due performance of duty should have been employed
Q: Prison guards escorting prisoners on the way to the court, one prisoner escaped, despite warning
shots, prisoner still ran away, guard shot the prisoner at the back who died, liable?
No
Q: warrant of arrest, NBI to arrest criminal and bring before the RTC of Manila. When the officers are at
the house of the accused, the accused refuse to open the door, NBI forcibly open and destroyed the
doors, liable?
No.
When the order is not for a lawful purpose, the subordinate who obeyed it is criminally liable
The subordinate is not liable for carrying out an illegal order of his superior if he is not aware of the
illegality of the order and he is not negligent
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
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Battery refers to an act of inflicting physical harm upon a woman or child resulting to the physical,
psychological or emotional distress (RA 9262)
Q: Who can verify or confirm whether a woman suffers from Battered Woman Syndrome?
Only a certified psychologist or psychiatrist can prove the existence of Battered Woman
Syndrome in a woman
The legal effect of BWS is of the same level with the justifying circumstances in Art.11 of the RPC,
except par. 4.
Even without unlawful aggression on the part of the deceased husband or male partner, the act of the
woman shall still not incur criminal and civil liability
Q: Who are the women who can invoke Battered Woman Syndrome?
- wife - any woman having a sexual relationship with a man
- former wife whose marriage with her has been annulled by a judicial declaration of
nullity (JDN)
-children
It not necessary that the woman suffering from BWS is still in a relationship with the man that she
killed or harmed.
- A total opposite of the old doctrine of retreating to the wall, where the law expects you to run
away and avoid defending yourself
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
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Q: You break up with your gf, she was emotionally & psychologically wrecked, is this battery?
Yes. (hayden kho case)
Q: Can you file violation of RA 9262 together with parricide or physical injuries?
Yes. RA 9262 without prejudice to the filing of any other civil or criminal action
Article 12
Justifying Exempting
- the act is justified and the - the act is not justified but the
NOTES BY:
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year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
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Imbecile one who is deprived completely of reason or discernment and freedom of will when
committing a crime; exempted in all cases; mentality is comparable to a child 2-7 years old
Insanity not so exempt because during a lucid interval, the person can act with intelligence
Q: What is the test for the degree of insanity for it to count as an exempting circumstance?
The tests of the degree of insanity are the existence of:
1. complete deprivation of intelligence
Q: Supposing, a man suddenly just stabs another person, he then began to run away because he knew he
committed a crime, then as the authorities tried to catch him, as they got closer to him, he ran even
faster, can he invoke insanity as an exempting circumstance?
NO, the fact that he was running away was an indication that he was not deprived of
intelligence because he knew he did, and by running faster to avoid the authorities was an
indication of not being totally deprived of his freedom of will because of his intention to escape
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
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Evidence of insanity must refer to the time preceding the act or at the very moment of
execution
Q: Supposing, the offender becomes insane only after the commission of the crime or during trial, can he
still invoke the exempting circumstance of insanity?
NO, because what is counted and considered in determining whether there was insanity, is the
time preceding the act or the moment of execution
Feeblemindedness not exempting because s/he can still distinguish right from wrong; not equivalent
to insanity
Somnambulism or sleepwalking must be clearly proven to be considered an exempting circumstance
under this Article; acts of the sleepwalker should not be voluntary
Malignant malaria can cause insanity, therefore, can be considered as an exempting circumstance
under this Article
Basis for exemption complete absence of intelligence
Article 12(2 & 3) Minority (repealed by Republic Act 9344 or the Juvenile Justice and Welfare Act)
RA 9344, Section 6 a child 15 years of age or below at the time of the commission of the crime shall
be exempt from criminal liability but will undergo an intervention program; a child above 15 years of
age or below 18 years of age shall be exempt and be subjected to an intervention program unless
s/he acted with discernment in which case such child will be subject to the appropriate proceedings in
accordance with this Act
Children falling under this Act are referred to as a child in conflict with the law; normally minor
offenders are referred to as the accused, juvenile delinquent, prisoner, respondent, etc. but it is
contemplated that these terms refer to persons who have committed crimes; RA 9344 prohibits the
use of these terms to refer to minor offenders, only the abovementioned term can be used
For a child in conflict with the law there is a presumption of the absence or lack of intelligence
Offenders are free from criminal liability but are still civilly liable
The legal effect of the exemption: the child shall be given to the custody of the parent or guardian; in
their absence, the custody is given to the following, according to their order of availability:
(a) registered non-governmental organization
(b) registered religious organization
(c) member of the Barangay Council for the Protection of Children (BCPC)
(d) local office of the Dept. of Social Welfare & Development (DSWD)
(e) national office of the Dept. of Social Welfare & Development (DSWD)
Another effect is that the minor is subjected to an intervention or diversion program which involves:
seminars and classes on family and mediation, skills improvement, emotional management, etc.; other
NOTES BY:
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diversion programs are for reformation and rehabilitation, in which the public prosecutor usually
initiates the recommendation for the minor to be subjected under the program
General Rule for minors above 15 or below 18 years of age: exempted, because the presumption is
that they acted without intelligence
Discernment can also be determined by the words uttered by the minor attendant to the commission
of the act, eg. the words, Buti nga sayo!, which indicates an expression of accomplishment, victory
or satisfaction
If the judgment is an acquittal, the decision shall immediately take effect without suspension, and the
decision shall be promulgated and pronounced
What is the significance of promulgation?
- it is full of significance; the decision is read in open court
- immediately after the reading the judgment of acquittal becomes immediately final and executory,
which cannot be subject for any motion of reconsideration, hence the decision cannot be either
reversed or modified
If the judgment is conviction, the promulgation of the decision and the sentence shall be suspended by
the court; the minor shall be ordered to undergo intervention, which shall have the following effects:
(a) If after the intervention, there is reform on the part of the minor, the minor shall be returned to the
court to dismiss the criminal case and dismiss the charges against the minor
(b) If after the intervention, there is no reform, the minor shall be returned to the court for the
promulgation of the decision against the minor; then, the court shall either decide on the sentence
or extend the intervention
Only when there is refusal to be subjected to reformation or when there is failure to reform can the
child be subjected to criminal prosecution and the judicial system
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
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(ii) decriminalizes the violation of a minor of the Anti-Mendicancy Law, which prohibits begging or
beggars
(iii) decriminalizes vagrancy and prostitution, punished under the RPC, when committed by a minor
15 years old or below; the minor will not be criminally liable
(iv) criminal records of minors above 15 or below 18 years of age are kept confidential in order to
protect the honor and reputation of the minor
(v) exempts minors from the offense of refusing to acknowledge the fact that s/he had been involved
or convicted in a criminal case before
(vi) minors can deny under oath their criminal involvement or conviction; cannot be charged with
perjury or falsification or misrepresentation, for concealing the criminal involvement or conviction;
purpose: to give the minor a new lease in life and to prevent the stigma of conviction which extends in
a long-term basis, i.e. in looking for job or protecting the families reputation
(vii) retroactive application of RA 9344 on persons who were convicted and are currently serving time
for crimes they committed when they were minors above 9 or below 15 years of age when they
committed the offense, because minors who acted with discernment under this age bracket, were not
exempted from criminal liability before under the RPC, but has already been repealed by RA 9344;
their criminal liability is erased therefore they shall be released
Q: Supposing, a 10-year old, who is apparently very intelligent, commits a crime, will he be exempted
from criminal liability considering the high level of intelligence of the child?
YES, he is still exempted; what is important is the age of the child at the time of the commission
of the crime; it doesnt matter whether the child was extremely intelligent
Status Offenses (under RA 9344) refers to offenses which discriminate only against a child, while an
adult does not suffer any penalty for committing similar acts; these shall include curfew violations,
truancy, parental disobedience and the like
Status offenses when committed by a minor are punishable, but are not punishable anymore under RA
9344
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
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- The effect of the liberal exemptions of RA 9344 what will happen to the victims if the
offenders, who are minors, will be exempted all the time? Victims will take the Filipino way =
taking the law into their own hands
With reference to RA 9344, the Philippines is not yet ready for that kind of law. (Amurao)
Basis for the exemption of a minor: absence or lack of intelligence
Q: What is an Accident?
Q: What are the Requisites?
Q: What are the Legal Effects of Accident?
No civil liability
No criminal liability
Examples of exceptions
Overtaking on the left lane, hit a child who suddenly crossed the road? Yes, exempt.
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
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If all the elements are present, the legal effect is that the accused shall incur no criminal liability and
no civil liability
If not all the elements are present, Article 67 of the RPC will apply and the penalty prescribed is
arresto mayor to prision mayor for grave felonies
There is negligence when = the accused tried to overtake another vehicle on the right side of the road
because this is a violation of traffic laws
Speeding along the road is an example of an act done without due care
Basis for exemption absence of intent
1. that the threat which causes the fear is of an evil greater than or at least equal to that which
he is required to commit
2. that it promises an evil of such gravity and imminence that the ordinary man would have
succumbed to it
- Elements:
1. the existence of an uncontrollable fear
2. the fear must real and imminent
3. the fear of an injury is greater than or equal to that committed
All the elements must concur
Basis for exemption - absence of freedom
NOTES BY:
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year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
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Article 12(7) Failure to Perform a Lawful Act Due to Lawful or Insuperable Cause
- Elements:
1. an act is required by law to be done
2. that a person fails to perform such act
3. that the failure to perform such act was due to some lawful or insuperable cause
Failure to deliver arrested persons to the proper authorities due to problems regarding distance and
transportation is a lawful or insuperable cause
A typhoon causes the failure to perform the lawful act is an insuperable cause
Absolutory Causes those where the act committed is a crime but for reasons of public policy and
sentiment, there is no penalty imposed
Instigation is an illegal act because the public officer plants the seed of criminality in the mind of the
person or offender (Amurao); the public officer induces an innocent person to commit the crime which
the public officer conceived (Reyes)
Entrapment is a legal act because the purpose is to capture or trap the lawbreaker
Buy-bust operations are forms of entrapment, hence they are legal
Article 13
NOTES BY:
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year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
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Classification:
ORDINARY PRIVILEGED
Mitigating and aggravating circumstances are not applied to special penal laws because the penalties
in special penal laws cannot be divided into three periods
- for the justifying circumstances of self-defense, defense of relative and defense of stranger = the
element of unlawful aggression should always be present
Q: Give an example.
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
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Q: Woman sleeping in her room. Janitor happened to enter the room to clean. He accidentally touched
the hand of the woman. Believing her honor was in danger, shot the janitor using a gun under her
pillow? (US vs. Apego)
Mit. Circ.- Mistake of fact of the woman.
- disproportion of the means employed to execute the crime and the consequences produced; there
should have been an intent at the moment
NOTES BY:
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year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
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Treachery - External
Yes. Qualifying aggravating if external in nature can co-exist with praeter intentionem which is
internal. CLEAR?
Q: A intend to injure AMurao hit in the right shoulder Did not submit to medical treatment. Amurao
died.
Q: True or false: All mitigating circ. Can be appreciated in special penal laws?
No, penalties not graduated and divisible into min, med, max periods, In general)
Except: Age
Q: What is provocation?
Provocation any unjust or improper conduct or act of the offended party capable of exciting,
inciting or initiating anyone
NOTES BY:
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- depends on:
(1) the act constituting the provocation
(2) the social standing of the person provoked
(3) the place and time when the provocation was made
Threats should immediately precede the act
Basis of the mitigation: diminution of intelligence and intent
Q: Elements: (SOI)
Q: Test to determine whether provocation can be considered mitigating. What kind of provocation?
Sufficient.
Q: Acts of lasciviousness committed against you (2pm); Borrowed knife (230 pm)
Mitigating under par. 4?
Yes.
Q: Under par. 6?
Yes.
Q: May you consider both together?
No, alternatively arising from the same facts.
NOTES BY:
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year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
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Q: There are 3 mit. Circ. Present. Will you be entitled to the benefits of these MC?
No. Arose only out of 1 fact/ set of facts.
Q: 9:30 mother informed you that your sister was raped. You searched for him with a revolver. Did not
find him. Found him after 3 days.
Passion or obfuscation? No.
Provocation? No.
Vindication? Yes.
NOTES BY:
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8 months, vindicating?
Q: Chinaman eloped with sweetheart. Parent of sweetheart considered it an offense against family.
Father looked ofr daughter. Found her in the house of the chinaman. Then father knocked, Chinaman ran
and refused to talk with father. Father enraged shot chinaman.
1) How many mit. Circ.?
Vindication of grave offense
Passion or obfuscation
2) Must grave offense constitute a crime?
No.
Q: Supposing you have a first cousin, girl, so close to you, who was raped by neighbor. You looked for
neighbour and shot him dead.
What mit. Circ? Vindication?
No, first cousin not contemplated under vindication (relatives)
Q: Common law husband ask common law wife to return home. Wife refused. Husband was humiliated
by reason of which he stabbed common law wife.
May claim passion or obfuscation? No.
Vindication of grave offense? No, not enumerated by law.
NOTES BY:
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year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
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Q: Old man has his own family already but not contented with wife went out every night . Met an
attractive woman in a prostitution house, he convinced woman to leave the prostitution house and they
lived together as husband and wife. Wife left.
After several days, she was found in another prostitution house, convinced her to to go back.
Woman adamant in her refusal. Woman said Ayoko na sayo, Matanda ka na. Mahina na tuhod
mo. Old man was enraged, stabbed her.
4,5,6 are interrelated because they can exist in a single act but not necessarily appreciated separately.
- Requisites:
1. that there be an act, both unlawful and sufficient to produce such a condition of mind
2. that said 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 natural
equanimity
NOTES BY:
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year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
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Voluntary Surrender
- Requisites:
1. that the offender had not been actually arrested
2. that the offender surrendered himself to a person in authority or to the latters agent
3. that the surrender was voluntary
Voluntary to be appreciated, voluntary surrender must be spontaneous in such a manner that it
shows the interest of the accused to surrender unconditionally to the authorities, either because (1) he
acknowledged his guilt or (2) because he wishes to save them the trouble and expense necessarily
incurred in his search and capture
Intention to surrender without actually surrendering is NOT mitigating
Even after arraignment, voluntary confession can still be mitigating, when with the consent of the
public prosecutor, there is an amendment in the information = still voluntary confession (as was held in
the midterms)
Voluntary confession is usually done during arraignment
What has been admitted need not be proven by evidence; judgment can already be rendered but both
sides can still present evidence to prove aggravating or mitigating circumstances
Arraignment charges are being read to the accused in open court in a language known to him; if the
charges are read in a language not known to him, the arraignment or plea is void.
It is the duty of courts to read charges in a language known to him
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
CRIMINAL LAW Page 68 of 143
Lecture & Recitation Notes Atty. Maximo Amurao
- if there is an acquittal, the decision is final and executory and not appeallable because of the risk of
double jeopardy
- if there is a conviction, the accused has 15 days to avail of legal remedies, if not availed after, the
conviction becomes final and executory
e.g. of P-I-A
Brgy. Chairman
City Mayor
Judge, Governor
Prosecutor, Congressman
President, Professors, Teachers
Agents
Police officers
Members of AFP
Brgy. Tanods
NBI agents
Sheriffs
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
CRIMINAL LAW Page 69 of 143
Lecture & Recitation Notes Atty. Maximo Amurao
Of Landbank? Yes.
DBP? Yes.
SSS? Yes.
PAGCOR? Yes.
Q: Supposing accused after killing neighbour just stayed in his house. When police officers arrived, went
with them voluntarily- mit? No.
Direct, positive, unequivocal act showing an intention to submit himself voluntarily either save the govt
from the time and expenses or as a sign of acknowledgment of guilt or repentance (Amurao)
Offender on radio that he was #1 suspect in slaying of politician, he came to the police to clear his name,
he has a pending case for rape. Voluntary surrender? No.
After committing crime, accused went into hiding. He was found after several months. Hiding place
surrounded by authorities.
A case for homicide filed against accused in Batanes. Upon learning, the accused hiding in Tawi-tawi
surrendered to Brgy. Chairman of Tawi-tawi?
Yes. Place of surrender not significant. It need not be the place where the case is filed.
Q: Phil. Ambassador to Australia, if accused is in Australia upon learning of the case filed? Yes.
Q: If surrendered to Australian Prime Minister? No, not a P-I-A or agent under the Phil laws
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
CRIMINAL LAW Page 70 of 143
Lecture & Recitation Notes Atty. Maximo Amurao
Q: Requisites of VCG:
Stages
Arraignment
Pre-trial
Trial
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
CRIMINAL LAW Page 71 of 143
Lecture & Recitation Notes Atty. Maximo Amurao
Amend info to a lesser offense w/o protest willing to plea guilty, mitigating? Yes.
Basis for mitigation: offender does not have complete freedom of action; diminution of freedom and
voluntariness
Bald? No.
Blind? Yes.
Partial blindness? Yes.
Deaf by one ear? Yes.
Crippled? Yes.
Toothless? Yes!
When must the physical defect be present? At the time of the commission of the crime.
ORDINARY MIT.
Legal effects.
Accused prosecuted for rape. During trial proved to be sex maniac, Mitigating? Yes.
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
CRIMINAL LAW Page 72 of 143
Lecture & Recitation Notes Atty. Maximo Amurao
Example?
Blind, 60 years old-70 years of age
Restitution- voluntary surrender.
Creditor, debtor.
Running away and refuses to pay.
Victim brought to the hospital for treatment- voluntary surrender.
Giving victim a certain amount for- voluntary confession.
Jealousy. You saw your girlfriend walking hand-in-hand with another man, you inflicted physical injuries?
Passion or obfuscation.
Article 14
Q: What are aggravating circumstances?
- those if present, are not automatically offset by mitigating circumstances
- may increase the penalty provided by the law without exceeding the maximum penalty or it changes
the nature of the crime
- Classification:
1. Generic those that generally apply to all crimes, eg. Recidivism, Aid of Minors, Advantage taken by
Public Position, etc
3. Qualifying Those that change the nature of the crime, eg. Treachery, Evident Premeditation, Cruelty,
etc.
4. Inherent necessity accompanies the commission of the crime, eg. sex is inherent in crimes against
chastity
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
CRIMINAL LAW Page 73 of 143
Lecture & Recitation Notes Atty. Maximo Amurao
the penalty to the maximum - give the crime its proper and exclusive
Both qualifying and generic circumstances must be alleged in the information; the prosecution cant
prove an aggravating circumstance during trial (p.326 #3 in the comparison part in the Reyes book is
wrong)
- based on Republic Act 7659, in crimes committed by a public officer, the penalty prescribed by law is
always at the maximum, regardless of the mitigating circumstances presented and regardless of the
nature of these mitigating circumstances
Public Officer for advantage taken to be appreciated, s/he must use the influence, prestige or
ascendancy which his office gives him as the means by which s/he realizes his purpose.
There should be a deliberate intent to use the influence, prestige or ascendancy
Is it enough that the offender is a public officer? NO, he has to use the influence, prestige or
ascendancy given to him by his office
Supposing, a police officer enters the house then ties up the residents and robs them, can the
aggravating circumstance of advantage taken of public position be appreciated? YES
Supposing, a traffic enforcer take over the car of a driver and speeds away, he is convicted of robbery,
can the aggravating circumstance of advantage taken of public position be appreciated? YES
Supposing some members of the barangay council asked for financial sponsorship for the education of
the community, then the project turned out to be false, can the aggravating circumstance of
advantage taken of public position be appreciated? YES
Supposing, if these crimes were attendant of negligence, passion or obfuscation, vindication, or
sufficient provocation, can the aggravating circumstance of advantage taken of public position be
appreciated? NO, because these circumstances are incompatible with advantage taken of public
position since deliberate intent is absent in these instances.
Supposing, a police investigator asked a rape victim to enter a room where he committed acts of
lasciviousness on the rape victim, can the aggravating circumstance of advantage taken of public
position be appreciated? YES
The aggravating circumstance of advantage taken of public position is NOT appreciated when the
public position is an integral element or inherent in the offense; In the ff crimes, public position is
inherent:
- bribery - malversation of public funds
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
CRIMINAL LAW Page 74 of 143
Lecture & Recitation Notes Atty. Maximo Amurao
Basis for the aggravation: the greater perversity of (1) personal circumstances of the offender, and (2)
means used to secure commission of the crime
4. his presence has not prevented the offender from committing the crime
Supposing, one Sunday, the mayor just finished mass, he saw two people fighting, he mediated upon
introducing himself, can the aggravating circumstance of contempt or insult of public authorities be
appreciated? YES, because regardless of the day, even if Sunday is not a working day, the official
function of the mayor, in this case to maintain peace and order, does not stop as long as he is within
his jurisdiction
Supposing, using the same facts above, the two people attacked the mayor, can the aggravating
circumstance of contempt or insult of public authorities be appreciated? NO, because the public
authority should not be the offended party
Supposing, using the same facts, but the mayor attended the mass in another town, can the
aggravating circumstance of contempt or insult of public authorities be appreciated? NO, because
mediating would not be part of his official functions in that other town.
Supposing, using the same facts above, but the two people did not know that the one mediating was
in fact the mayor, can the aggravating circumstance of contempt or insult of public authorities be
appreciated? NO, the offenders have to know that he is the mayor or a public authority
Q: Supposing mayor of town X attending wedding in town Y. A crime was committed. Aggravating?
No. Must be within his jurisdiction. Not engaged in official duties.
Article 14(3) Disregard of Rank, Age, Sex or Dwelling of the Offended Party
- there are FOUR circumstances in this paragraph
- rank, age, sex have a common denominator = respect due to offended party
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
CRIMINAL LAW Page 75 of 143
Lecture & Recitation Notes Atty. Maximo Amurao
- not applicable to cases attendant of passion or obfuscation, vindication or those with sufficient
provocation = because of the lack of intent
- there should be deliberate intent to disregard or insult = accompanied with the difference in rank, and
manifested by deliberate acts
Supposing, a sergeant was driving a jeep in a careless manner, then he hit a general, can the
aggravating circumstance of disregard of rank be appreciated? NO, there was no deliberate intent to
disregard the rank of the general
Supposing, physical injuries were made against Prof. Amurao by his student, can the aggravating
circumstance of disregard of rank be appreciated? YES, because Prof. Amurao is a person in authority
and ranks higher than the student.
Supposing, a sergeant sees his wife embracing a general, then he ran over them, can the aggravating
circumstance of disregard of rank be appreciated? NO, because this circumstance was attendant of
passion or obfuscation
- not applicable to cases attendant of passion or obfuscation, vindication or those with sufficient
provocation = because of the lack of intent
- for this circumstance to be appreciated, the disparity of age between offender and victim can be
determined if the victim can be the father of the accused; a disparity of 15 years or more
Supposing, the offender was 90 years old when he stabbed the 105-year old victim, can the
aggravating circumstance of disregard of age be appreciated? YES, even if the offender was also very
old, the disparity of their ages still matters
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
CRIMINAL LAW Page 76 of 143
Lecture & Recitation Notes Atty. Maximo Amurao
- not applicable to cases attendant of passion or obfuscation, vindication or those with sufficient
provocation = because of the lack of intent
- the offender should act with deliberate intent to disrespect the woman
Dwelling
- a place or structure that satisfies the requirements of domestic life of a person
- if the offender and offended are both occupants of the same house, dwelling cannot be appreciated
Supposing, the crime was committed in the garage of the house, can the aggravating circumstance of
dwelling be appreciated? YES, because the garage is part of the dwelling
Supposing the crime was done in the roof? YES
Supposing, a child was kidnapped while at the stairs of the dwelling, there was no ransom but the
child was killed in Cavite, can the aggravating circumstance of dwelling be appreciated? YES, because
the stairs is still part of the dwelling
Supposing, a husband kills his wife in their conjugal dwelling, can the aggravating circumstance of
dwelling be appreciated? NO
Supposing, the housemaid killed the employers child, can the aggravating circumstance of dwelling
be appreciated? NO
Supposing, the accused was on the road when he shot the victim who was at the stairs, can dwelling
be appreciated? YES
Supposing, if the victim was in the yard going to the direction of the stairs, can the aggravating
circumstance of dwelling be appreciated? NO
Supposing, the victim was about to step on the stairs? can the aggravating circumstance of dwelling
be appreciated? YES
Supposing, the employer raped their maid, can the aggravating circumstance of dwelling be
appreciated? NO
Supposing, the houseboy killed the housemaid, can the aggravating circumstance of dwelling be
appreciated? NO
Supposing, the wife killed her husband in the conjugal house, can the aggravating circumstance of
dwelling be appreciated? NO
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
CRIMINAL LAW Page 77 of 143
Lecture & Recitation Notes Atty. Maximo Amurao
Supposing the wife commits adultery, can the aggravating circumstance of dwelling be appreciated?
YES
Supposing, the owner of the house and the dwelling of the victim, where the victim was a tenant, can
the aggravating circumstance of dwelling be appreciated? YES, because dwelling may mean temporary
dwelling
Supposing, the owner was killed in the toilet, can the aggravating circumstance of dwelling be
appreciated? YES, because the toilet is part of the dwelling
Supposing, the owner of the house was killed 500 meters from the toilet which was situated outside
the house, can the aggravating circumstance of dwelling be appreciated? NO, because if you destroy
the toilet, the house remains intact
Basis of the aggravation: Place of the commission of the crime; the sanctity of privacy that the law
provides the human abode
1.) Rank
2.) Sex
3.) Age
4.) Dwelling
Q: General has illicit relations with a wife of a Sergeant. Sergeant saw them in tight embrace, shoots the
General. Aggravating?
No. with passion and obfuscation (p/o)
Vindication of grave offense with disregard of rank? Yes they are not inconsistent.
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
CRIMINAL LAW Page 78 of 143
Lecture & Recitation Notes Atty. Maximo Amurao
Age
Rank is a generic
Q: When there are 2 or more generic agg, not offset by ordinary mit, can the penalty go beyond the max
prescribed by law? No.
When there are 10? No.
Must not exceed the penalty prescribed by law for the offense
What is the required age difference? 15 years at least (could be the father)
Legal effect? Not offset by any ordinary mitigating circumstance. Raises the penalty to the maximum
When there are 2 or more generic agg, not offset by ordinary mit, can the penalty go beyond the max
prescribed by law? No.
Must not exceed the penalty prescribed by law for the offense
What is the required age difference? 15 years at least (could be the father)
Age is generic
Old man humiliated you in public. You stabbed him. Aggravating? No. Sufficient provocation is
incompatible.
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
CRIMINAL LAW Page 79 of 143
Lecture & Recitation Notes Atty. Maximo Amurao
You attacked a 60 yo man who filed a criminal case against you. Aggravating? Yes. No passion or
obfuscationg.
You stabbed an old man who aimed a revolver at you. Not aggravating. No sufficient provocation.
Age is generic
Old man humiliated you in public. You stabbed him. Aggravating? No. Sufficient provocation is
incompatible.
You attacked a 60 yo man who filed a criminal case against you. Aggravating? Yes. No passion or
obfuscationg.
You stabbed an old man who aimed a revolver at you. Not aggravating. No sufficient provocation.
Sex
Accused intended to kill husband.Saw husband and wife walking. Fired at the husband but hit the wife.
Not aggravating. No deliberate intent.
If the woman is a black belter? No longer aggravating. Reason for law dont exist anymore.
Rank, Age, Sex and Dwelling common element? RESPECT (deliberate disregard of the respect)
Dwelling
Generic
Dwelling a place of structure which satisfies the requirements of domestic life of a person
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
CRIMINAL LAW Page 80 of 143
Lecture & Recitation Notes Atty. Maximo Amurao
Is it enough that the crime be committed in the dwelling? No. deliberate disregard of the respect due to
the offended party in the dwelling.
Accused was in the middle of the road. Victim was brushing his teeth by the window of the house.
Dwelling is aggravating, regardless of the location of the offender
Accused under the house of victim. Victim on the upper portion. Aggravating? Yes.
- Carport? Yes
- Comfort room of house? Yes
- If the CR is 500 meters from the house? No. no longer an integral part of the house.
Victim inside car. Car is in carport? Yes.
Son of owner of house, raped housemaid. Not aggravating. Must not be living in the same house.
-Maid only reports from 6 am to 9 pm. Then goes home to family. No.
Family driver reports from 6am to 8pm. Employer was out, driver raped thestay-in housemaid. This is
aggravating.
Wife had sex with a stranger in the conjugal room. Aggravating against wife? Yes. See page 354.
Exception to the rule that dwelling is not aggravating if both is living inside.
Abuse of Confidence exists only when the offended party has trusted the offender who later abuses
such trust by committing the crime. The abuse of confidence must be a means of facilitating the
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
CRIMINAL LAW Page 81 of 143
Lecture & Recitation Notes Atty. Maximo Amurao
commission of the crime. The culprit taking advantage of the offended partys belief that the former
would not abuse said confidence
- a generic aggravating circumstance = can be offset by an ordinary mitigating circumstance; can be
raised to the maximum
- qualified seduction
Requisites:
1. offender had trusted the offended
Supposing, lovers broke off 1 week before their encounter, can the aggravating circumstance of abuse
of confidence be appreciated? NO
Supposing, a nanny killed 2 yr.old child under her care, can the aggravating circumstance of abuse of
confidence be appreciated? NO, because there is no direct relationship and trust between the nanny
and child
Supposing, the nanny killed the mother of that child under her care, can the aggravating circumstance
of abuse of confidence be appreciated? YES, because there is direct relationship and trust between
the nanny and the parents of the child
Basis for aggravation: greater perversity of the ways and means employed
Obvious ungratefulness
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
CRIMINAL LAW Page 82 of 143
Lecture & Recitation Notes Atty. Maximo Amurao
Employer attempted against the honor of housemaid. After several day, employer invited housemaid to
farm. Raped housemaid. No.
- offender must have the intention to commit a crime when he entered the place
- all the four circumstances are not applicable to cases attendant of passion or obfuscation, immediate
vindication or those with sufficient provocation = because of the lack of intent
Wisdom behind this circumstance: Why aggravate? Whats with the place? Because the place deserves
respect (applies to all the places mentioned under this paragraph)
Crime committed in the Palace of the Chief Executive
- a generic aggravating circumstance = can be offset by an ordinary mitigating circumstance; penalty can
be raised to the maximum
Supposing, the chef of the Chief Executive killed a janitor, can the aggravating circumstance of palace
of the Chief Executive be appreciated? YES, the Chief Executive need not be there
Supposing, a guest shot to death FG Mike Arroyo, can the aggravating circumstance of palace of the
Chief Executive be appreciated? YES
Supposing, using the same facts above, the crime was committed in the lawn, can the aggravating
circumstance of palace of the Chief Executive be appreciated? NO, because the lawn is not part of the
palace
Supposing, using the same facts above, the crime was committed in the presidential mansion, can the
aggravating circumstance of palace of the Chief Executive be appreciated? NO, because the mansion is
not the palace
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
CRIMINAL LAW Page 83 of 143
Lecture & Recitation Notes Atty. Maximo Amurao
Supposing, the president personally saw the crime, can the aggravating circumstance of in the
presence of the Chief Executive be appreciated? YES
Supposing, the president, while watching television, saw the crime? can the aggravating circumstance
of palace of the Chief Executive be appreciated? NO
Supposing, on-board a helicopter, the Chief Executive saw the crime from a distance, can the
aggravating circumstance of palace of the Chief Executive be appreciated? YES
Supposing, the offender had no knowledge that the Chief Executive was present or near the place of
the commission of the crime, can the aggravating circumstance of palace of the Chief Executive be
appreciated? NO
Crime committed in the Place where Public Authorities are in the Discharge of their Duties
- a generic aggravating circumstance = can be offset by an ordinary mitigating circumstance; penalty can
be raised to the maximum
- emphasizes the place of the commission of the crime
- the public authority must be in the exercise or performance of ones official function
Supposing, there was no ceremony in the church when the crime was committed, can the aggravating
circumstance of place dedicated for religious worship be appreciated? YES
Supposing, there was no priest in the church, can the aggravating circumstance of place dedicated for
religious worship be appreciated? YES
Supposing, the crime was committed in a chapel inside a cemetery (the chapel is used only when
there are masses to be held for purposes of funeral services), can the aggravating circumstance of
place dedicated for religious worship be appreciated? NO, the place of religious worship should hold
religious ceremonies there regularly
Basis for aggravation: greater perversity shown by the place of the commission of the crime, which must
be respected
Generic
Emphasis of par 5? PLACE of the commission of the crime. (respect due to the place)
Pres Noynoy in Times St. Crime committed in Malacanang grounds. (garden). No, must be in palace itself,
not garden.
If the convoy was caught in heavy traffic. Accused knew it was the presidents convoy. Committed holdup
in the streets. Aggravating? Yes
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
CRIMINAL LAW Page 84 of 143
Lecture & Recitation Notes Atty. Maximo Amurao
President noynoy in helicopter hovering over the projects. Two workers had a fight. One stabbed another
to death within view of president noynoy. Aggravating? Yes.
Generic.
Is it enough that the crime be committed in a place decoted to religious worship? No. deliberate intent.
If in a private chapel in your house? No. 1.) regular worship. Regular religious worship. 2.) must be open
to the public.
Not necessary that the PA must be engaged in the performance of functions. Why? Emphasis is in the
place. Reason is the respect due to the place.
Chief justice asleep in his house. The Office of Chief Justice was robbed. Aggravating? Yes
Office of Senate Pres while SP was sleeping in his house in the middle of the night? Yes
BOOK IS WRONG. It will collide with par 2 if it will be required that the PA should be in the exercise of his
functions.
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
CRIMINAL LAW Page 85 of 143
Lecture & Recitation Notes Atty. Maximo Amurao
3. the offender took advantage of the circumstance for the purpose of impunity
- to prevent being recognized or to secure himself against detection
Nighttime
- a qualifying aggravating circumstance = cannot be offset by a mitigating; CHANGES THE NATURE OF
THE CRIME
- nighttime means: beginning at the end of dusk and ending at dawn
- it is not enough that it was nighttime
- what is especially sought for by the offender is the darkness of the night
- this circumstance is not applicable to cases involving accidents, accidental meetings, chance
encounters, or spurs of the moment
Supposing, the crime was committed inside a dark movie house at around 4pm, can the aggravating
circumstance of nighttime be appreciated? NO, because was should be especially sought for is the
darkness of night, not the darkness of the movie house when the lights were only off because it was
only 4 in the afternoon
Supposing, the crime was committed inside a movie house when the lights were still open and the
time then was 9pm, can the aggravating circumstance of nighttime be appreciated? NO, because even
though it was nighttime, the place of the commission was well-lighted when it was committed
Supposing, the crime was committed in a place where it was well-lighted by a Meralco lightpost, can
the aggravating circumstance of nighttime be appreciated? NO
Uninhabited Place
- a qualifying aggravating circumstance = cannot be offset by a mitigating; CHANGES THE NATURE OF
THE CRIME
- there should be intent
Spur of the moment Not applicable
What is considered is the reasonable possibility for the victim to receive some help; the degree of
difficulty of giving assistance or help
Solitude (must be sought for to better attain criminal purpose)
- for an easy and uninterrupted accomplishment of their criminal design
- to insure concealment of the offense; security against detection and punishment
Band
- more than three malefactors
- shall have acted together
- a qualifying aggravating circumstance = cannot be offset by a mitigating; CHANGES THE NATURE OF
THE CRIME
What do you mean by armed? only guns? NO, knives are considered; anything that can kill a person
Aggravating in crimes against property and crimes against persons; NOT applicable in crimes against
chastity
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
CRIMINAL LAW Page 86 of 143
Lecture & Recitation Notes Atty. Maximo Amurao
Basis for aggravation: time & place of the commission & means employed
Uninhabited place
Generic
Legal effect?
Why aggravating? No possibility of receiving help (TEST)
Deliberate intent
Incompatible with negligence, sp, p/o, chance encounter, spur of the moment,
Can treachery absorb this ac? Yes.
By Band
Generic
Absorbed by treachery? Yes
Synonymous with syndicate? No
- 2 or more
- Not necessarily armed
5 persons commirtted robbery, only 3 armed. Bya band? No. at least 4 armed.
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
CRIMINAL LAW Page 87 of 143
Lecture & Recitation Notes Atty. Maximo Amurao
- this circumstance is not applicable to cases involving accidents, accidental meetings, chance
encounters, or spurs of the moment
- not applicable to cases attendant of passion or obfuscation or those with sufficient provocation
Reason: in the midst of great calamity, instead lending aid to the afflicted, the offender adds to the
victims suffering by taking advantage of their advantage of their misfortune to despoil
The offender must seek for the calamity as an opportunity to take advantage or to commit the crime
Supposing, the offender saw his mortal enemy in a flood, then he killed his mortal enemy, can the
aggravating circumstance of be appreciated? NO
Basis for aggravation: time of the commission of the crime
PARAGRAPH 7
- Qualifying
- Legal effect
- Deliberate intent must take advantage of the calamity
Incompatible with negligence
Conflagration
Retrieving your property. Accidentally met your mortal enemy. Stabbed him. Not aggravating
Conflagration - A stranger took your properties, what is the crime. Qualified theft.
Armed Men
- at least two (2) men; the law says men; four (4) men = band already
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
CRIMINAL LAW Page 88 of 143
Lecture & Recitation Notes Atty. Maximo Amurao
PARAGRAPH 8
How many? 2
Legal effect?
Requirements:
2 4
A and 4 friends decided to kill Amurao. 4 friends all armed outside the gate. A armed with licensed
revolver. 4 friends will only help upon signal. Aggravating? Yes.
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
CRIMINAL LAW Page 89 of 143
Lecture & Recitation Notes Atty. Maximo Amurao
Police major celebrating bday. Invited subordinates with service firearms. A guest stabbed another guest
No
Impunity
Qualifying
Legal effect?
e.g. first gentleman approchaed to protect you after killing somebody Yes
Chieftain of ABB-NPA (notorious). Aggravating? Yes. Impunity for Criminal Prosecution. Assurance that
there will be no complainant and witnesses Yes. not required to be legal source.
Recidivist one who, at the time of his trial for one crime, shall have been previously convicted by
final judgment of another crime embraced in the same title of the RPC
Requisites:
1. that the offender is on trial for an offense
3. that both the first and the second offense are embraced in the same title of the RPC
Supposing, the first offense was acts of lasciviousness in 1980, then the second offense in 2006 was
attempted rape, can the aggravating circumstance of recidivism be appreciated? NO, because acts of
lasciviousness and attempted rape are not embraced in the same title of the RPC; acts of
lasciviousness-crimes against chastity; attempted rape-crimes against persons
Supposing the first offense in 1980 was attempted rape, then the second offense in 2006 was acts of
lasciviousness, can the aggravating circumstance of recidivism be appreciated? YES because
attempted rape then in 1980 was embraced under crimes against chastity, hence both crimes are
embraced in the same title of the RPC
Pardon does not obliterate the fact that the accused was a recidivist
The time or period between the two offenses is immaterial
Basis for aggravation: inclination to crimes
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
CRIMINAL LAW Page 90 of 143
Lecture & Recitation Notes Atty. Maximo Amurao
- Qualifying
- Legal effect
- Deliberate intent must take advantage of the calamity
Incompatible with negligence
Conflagration
Retrieving your property. Accidentally met your mortal enemy. Stabbed him. Not aggravating
Conflagration - A stranger took your properties, what is the crime. Qualified theft.
Recidivist define
Estafa
- Poperty
1970-2010: not embraced in the same title.
- a generic aggravating circumstance = can be offset by an ordinary mitigating circumstance; penalty can
be raised to the maximum
Requisites:
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
CRIMINAL LAW Page 91 of 143
Lecture & Recitation Notes Atty. Maximo Amurao
2. that he previously served sentence for another offense to which the law attaches an equal or greater
penalty or for 2 or more crimes to which it attaches a lighter penalty than that for the new offense
RECIDIVISM REITERACION
- its enough that a final judgment - its necessary that the offender shall
has been rendered for the 1st offense have served out his sentence for
- requires that both offenses be - 1st and 2nd offense must not be
embraced in the same title of the RPC embraced in same title of the RPC
If the 2nd crime is an offense or crime punishable under a special law, it cannot be considered under
reiteracion because Articles 13, 14, 15 of the RPC are not applicable to special law crimes, applicable
only to crimes defined under the Revised Penal Code.
Supposing, the 1st offense is illegal possession of firearms (a special law crime), punishable by
reclusion temporal, while the 2nd offense is less serious physical injuries, can the aggravating
circumstance of reiteracion be appreciated? YES, if the offender was previously punished for a special
law crime or an offense, the nature of the crime is immaterial; the emphasis is on the punishment or
penalty
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
CRIMINAL LAW Page 92 of 143
Lecture & Recitation Notes Atty. Maximo Amurao
Habitual Delinquency when a person within a period of 10 years from the date of release or last
conviction of the crimes of serious or less serious physical injuries, robbery, theft, estafa, or
falsification, found guilty for a 3rd time or oftener. A habitual delinquent shall suffer an additional
penalty
Quasi-recidivism any person who shall commit a felony after having been convicted by final
judgment before beginning to serve such sentence or while serving the same, shall be punished by the
maximum period of the penalty prescribed by law for the new penalty.
Less serious no
Classification generic
Legal effect?
Attempted homicide not alleged but proved during trial appreciate habituality? Yes, generic if
without objection
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
CRIMINAL LAW Page 93 of 143
Lecture & Recitation Notes Atty. Maximo Amurao
The price, reward or promise must be the sole motivating factor for committing the crime; must be for
the purpose of inducing another to perform a deed
There should be two or more offenders: the one who offers, the one who accepts it
Criminal Participation: the one who offers is a principal by inducement, the one who accepts is a
principal by direct participation
It is not necessary that the principal by direct participation receive the reward or promise; what is
important is that the reward or promise was the sole motivating factor otherwise the crime would not
have been committed
Supposing, the one who commits the crime knows of the reward or promise already, can the
aggravating circumstance of price, reward or promise be appreciated? NO, because there was no
motivation already
You approached a gun-for-hire. Paid 50k to kill Amurao. Gun for hire was his former student willing to kill
Amurao without price. Aggravating? No.
There are instances when these circumstances are inherent in the crime, thus cannot be appreciated
as aggravating circumstances:
1. by means of fire- inherent in arson
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
CRIMINAL LAW Page 94 of 143
Lecture & Recitation Notes Atty. Maximo Amurao
Par.12 = the acts of great waste and ruin are used by the offender as means
- this circumstance is not applicable to cases involving accidents, accidental meetings, chance
encounters, or spurs of the moment
- not applicable to cases attendant of passion or obfuscation or those with sufficient provocation
Evident Premeditation the essence of such is that the execution of the criminal act must be
preceded by cool thought and reflection upon the resolution to carry out the criminal intent during the
space of time sufficient to arrive at a calm judgment
Requisites:
1. the time when the offender determined to commit the crime
2. an act manifestly indicating that the culprit has clung to his determination; through an overt act
3. the date & time when the crime was committed (to compute lapse of time)
4. a sufficient lapse of time between the determination and execution, to allow him to reflect upon the
consequences of his act and to allow his conscience to overcome the resolution of his will
Is the aggravating circumstance of Evident Premeditation compatible with the mitigating circumstance
Immediate Vindication of a Relative for a Grave Offense? YES, the mitigating circumstance and
aggravating circumstance can be appreciated.
Can evident premeditation be present in error in personae? NO
Can evident premeditation be present in aberratio ictus? NO
Supposing, you intended to kill Prof. Amurao, thinking it was him, you shot at the person, who turned
out to be Dean Jara, can the aggravating circumstance of evident premeditation be appreciated? NO,
because there should be deliberate intent to kill Dean Jara
General rule: In aberratio ictus, evident premeditation is NOT applicable
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
CRIMINAL LAW Page 95 of 143
Lecture & Recitation Notes Atty. Maximo Amurao
Exception: if there was a general plan to kill anyone; if offenders intended to kill anyone
Basis for aggravation: reference to the ways of committing the crime because evident premeditation
implies deliberate planning of the act before executing it
Elements: 4
Classification qualifying
Legal effects?
Error in personae
-general rule: No
Accused has a specific victim but willing to kill a person who interfered. Yes
Abberatio ictus: No
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
CRIMINAL LAW Page 96 of 143
Lecture & Recitation Notes Atty. Maximo Amurao
Examples:
- wearing a mask - use of an assumed name
Q: Craft definition
It is Qualifying-legal effects
Example: A, B, C in order to kill D, told the latter they are going on camping, killed D in the forest
Fraud
Qualifying- legal effects
Estafa-legal effect of fraud
It is inherent in the commission of estafa inherent in Art. 213
Disguise
When is there disguise?
Qualifying-legal effect
Abuse of Superior Strength depends on the age, size, and strength of the parties; it is considered
whenever there is notorious inequality of forces between the victim and the aggressor, assessing a
superiority of strength notoriously advantageous for the aggressor which is selected or taken
advantage of by him in the commission of the crime
If the victim was alternately attacked, there is NO abuse of superior strength
Means to Weaken the Defense
Supposing, the offender intoxicated the victim to materially weaken her, can the aggravating
circumstance of means to weaken defense be appreciated? YES
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
CRIMINAL LAW Page 97 of 143
Lecture & Recitation Notes Atty. Maximo Amurao
- a specific aggravating circumstance: only applicable to crimes against persons; can treachery be
appreciated in rape? YES
- this circumstance is not applicable to cases involving accidents, accidental meetings, chance
encounters, or spurs of the moment, or on-the-spot decisions to commit the crime
- not applicable to cases attendant of passion or obfuscation or those with sufficient provocation
Treachery
When is there treachery
Qualifying and specific- crimes against person
Qualifying-change the nature of the crime
Can co-exist with voluntary confession of guilt? Yes. With voluntary surrender? Yes. They are not
inconsistent with
BUT IS IT STILL ACCURATE THAT THIS QUALIFYING AGGRAVATING CIRCUMSTANCE CANNOT BE OFFSET BY
ANY MITIGATING CIRC? Yes. Different functions. One is to change the nature of the felony. (AGG) Other is
to reduce penalty by one period after the offense is qualified (MIT)
Kill neighbor
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
CRIMINAL LAW Page 98 of 143
Lecture & Recitation Notes Atty. Maximo Amurao
In prosecution for MURDER qualified by treachery and evident premeditation. Can EP be appreciated so
as to increase penalty in maximum? NO. absorbed in treachery.
ALL QUALIFYING AGGRAVATING CIRC. Enumerated in People vs. Palaganas can be absorbed by treachery.
Supposing you killed your neighbor with evident premeditation and employed means to weaken defense
and used disguise and took advantage of deep flood. How many qualifying? 4
Assuming there was treachery, how many? 5
Is it necessary for the court to consider all 5 to change the nature of the felony? No. Treachery will
suffice.
Now, what will happen to the other 4 aggravating circ? Deemed absorbed in treachery. They can no
longer be appreciated to impose penalty in the maximum.
TESTS in TREACHERY.
1. Is the attack sudden and unexpected?
2. Was the victim given an opportunity for defense?
3. Was the means employed deliberate and consciously adopted? (3 rd test is the most important.)
Incompatible with casual encounter- even if 1 and 2 were present, if 3 is lacking, there is no treachery.
Incompatible with accidental meeting- spur of the moment.
Incompatibel if killing was preceded by a heated argument. (place the victim on guard to be prepared for
any attack)
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
CRIMINAL LAW Page 99 of 143
Lecture & Recitation Notes Atty. Maximo Amurao
A sa B in a bar. A challenged his enemy B in a fight. They fought inside the bar. A hit B in the back by pipe,
B died. What crime? Homicide only. Chance encounter, not treachery.
Accused found to be intoxicated under influence of drugs? MURDER. Influence of illegal drugs qualifies
crime from homicide to murder. (RA 9165 Comprehensive Dangerous Drugs Act of 2002)
Supposing victim warned not to enter a certain area while walking along the road, somebody stabbed
him from behind, treachery? YES. General warning is not enough to remove treachery.
Is the aggravating circumstance of Treachery compatible with the mitigating circumstance Immediate
Vindication of a Relative for a Grave Offense? YES, because there was intent to take revenge
2. means, methods, or forms need not insure accomplishment of crime; only to insure execution
Requisites
1. That at the time of the attack, the victim was not in a position to defend himself
2. That the offender consciously adopted the particular means, method or form of attack employed by
him
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
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CRIMINAL LAW Page 100 of 143
Lecture & Recitation Notes Atty. Maximo Amurao
3. Was the mode the attack deliberately or consciously adopted by the accused to insure execution
without risk to the offender?
2. When the assault is not continuous, or the attack is divisible into two or more stages, or interrupted,
it is sufficient that treachery was present at the time of the mortal blow was inflicted.
Supposing, there was a heated argument between the offender and the offended before they
attacked each other, can the aggravating circumstance of treachery be appreciated? NO, either or
both parties should have been prepared
Supposing, there was a warning from the offender, then after a few minutes he attacked the victim,
can the aggravating circumstance of treachery be appreciated? NO, because there was a chance to
defend himself and pose a risk to the offender
Supposing, your enemy was sleeping, you tapped him, then you shot him as soon as he awakened,
can the aggravating circumstance of treachery be appreciated? YES
Supposing, the victims hands and feet were tied, then mortal wounds were inflicted on the victim,
can the aggravating circumstance of treachery be appreciated? YES
Supposing, the offender buried half of the victims body, then he hacked the victim to death, can the
aggravating circumstance of treachery be appreciated? YES
Supposing, the accused shot the victim who was tied to a coconut tree, can the aggravating
circumstance of treachery be appreciated? YES
Supposing, there was a dispute over a parking space, then the accused shot the victim, can the
aggravating circumstance of treachery be appreciated? NO
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
CRIMINAL LAW Page 101 of 143
Lecture & Recitation Notes Atty. Maximo Amurao
Supposing, the victim suffered frontal mortal wounds, immediately, can the aggravating circumstance
of treachery not be appreciated? NO, because having frontal wounds is NOT conclusive that there was
no treachery
Supposing, the victim suffered mortal wounds at the back, immediately, can the aggravating
circumstance of treachery be appreciated? NO
Note: The location of the wounds does not give rise to the presumption of the presence of treachery
Supposing, the victim hid behind a drum where he could not be seen by the offender, the offender,
knowing that the victim was hiding behind the drum shot at the drum; the bullet penetrated the
drum and hit the victim which caused his death, can the aggravating circumstance of treachery be
appreciated? YES, because the victim was not in a position to defend himself
Supposing, there was an agreement to fight
- the use of an unlicensed firearm = a special aggravating circumstance for the crime of murder or
homicide; before it was separately prosecuted, but now unlawful possession is only a special
aggravating circumstance that can increase the penalty to the maximum; no separate prosecution
Ignominy a circumstance pertaining to the moral order which adds disgrace and obloquy to the
material injury caused by the crime
Applicable to crimes against chastity, less serious physical injuries, light or grave coercion and murder
Effect of ignominy: the crime becomes more humiliating or to put the offended party to shame
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
CRIMINAL LAW Page 102 of 143
Lecture & Recitation Notes Atty. Maximo Amurao
Supposing, a woman was raped in the presence of her husband and children, can the aggravating
circumstance of ignominy be appreciated? YES
Supposing, a woman was raped while cogon grass was wrapped around the penis of the offender,
can the aggravating circumstance of ignominy be appreciated? Prof. Amurao thinks that this scenario
falls under the aggravating circumstance of cruelty
IGNOMINY
Art, 18 and 19- PD 532, accomplices in PD 532
Art. 19 accessories- Anti-fencing law PD 1829 (Obstruction of Justice)
Art. 29 Preventive Imp and crediting
Victim has just awaken, still drowsy when attacked. Treachery? Yes.
Question Hour: Amurao Speaking.
When there are 2 qualifying, one will suffice to change the nature of the crime. What will happen to the
other qualifying? The other will be considered as generic aggravating circumstance- penalty to the
maximum. (Except treachery, because treachery will absorb them)
N.B. Other qualifying circ. Not in art 248 (murder) e.g. craft, fraud, or disguise. They are means of
treachery, absorbed in treachery in Art. 248.)
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
CRIMINAL LAW Page 103 of 143
Lecture & Recitation Notes Atty. Maximo Amurao
Supposing, the window was used to gain entry into the house, can the aggravating circumstance of
unlawful entry be appreciated? YES
Supposing, the owners of the house commonly use the window as their ordinary means to enter the
house, then the accused entered the door, can the aggravating circumstance of unlawful entry be
appreciated? YES
Supposing, the accused intended to kill his next-door neighbor by breaking the wall separating them,
then he shot the neighbor, can the aggravating circumstance of breaking wall be appreciated? YES
Breaking wall is inherent in robbery with force upon things
Aid of Minor
- a generic aggravating circumstance = can be offset by an ordinary mitigating circumstance
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
CRIMINAL LAW Page 104 of 143
Lecture & Recitation Notes Atty. Maximo Amurao
- the offender should deliberately seek for the use of the vehicle
- the use of the motor vehicle must be the means used to commit the crime
Supposing, the accused robbed a house then found a car in front of the house which he used for his
escape, can the aggravating circumstance of use of motor vehicle be appreciated? NO, because the
crime was already accomplished
Supposing, the accused robbed the passengers in a bus, can the aggravating circumstance of use of
motor vehicle be appreciated? YES, even if it is a public vehicle, the circumstance can be appreciated
Supposing, a taxicab was hired, then an argument ensued inside where the accused killed the victim,
can the aggravating circumstance of use of motor vehicle be appreciated? NO, because the motor
vehicle was just incidental to the crime
Are motorized bikes considered? YES
What if it is a motorized bike but the motor is not used? YES
Are road-rollers or pison considered? NO, because it is not motorized as contemplated by the LTO
Use of motor vehicles is inherent in the crime of carnapping
Cruelty when the culprit enjoys and delights in making his victim suffer slowly and gradually, causing
the victim unnecessary physical pain in the consummation of the criminal act
Requisites:
1. That the injury caused be deliberately increased by causing another wrong
2. That the other wrong be unnecessary for the execution of the purpose of the offender
Is there cruelty when it is done against a dead body? NO, because it did not prolong pain since the
person was already dead
Is there cruelty when it is done against an unconscious person? YES
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
CRIMINAL LAW Page 105 of 143
Lecture & Recitation Notes Atty. Maximo Amurao
Supposing, a dead person was found with 125 stab wounds, can the aggravating circumstance of use
of motor vehicle be appreciated? NO, because the number of wounds is immaterial with cruelty
Article 15
- those which must be taken into consideration as aggravating or mitigating according to the nature and
effects of the crime and the other conditions attending its commission
2. Intoxication
Q: Supposing, a stepdaughter was raped by her stepfather, can the alternative circumstance of
relationship be appreciated? YES
2. usurpation 4. arson
Relationship is exempting in crimes of theft, swindling, or malicious mischief if the offender and
offended live together
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
CRIMINAL LAW Page 106 of 143
Lecture & Recitation Notes Atty. Maximo Amurao
Relationship is aggravating in crimes against persons when the offended is a relative of higher
degree than the offender or when the offender and offended are parties of the same level
If the offended is a relative of lower degree, in the crime of less serious and slight physical injuries,
relationship is mitigating
If the offended is a relative of higher degree, in the same crimes, relationship is aggravating
When the crime is homicide or murder, which resulted to the death of the victim, relationship is
aggravating, regardless of degree.
In crimes against chastity, relationship is ALWAYS aggravating
- if habitual
- if intoxication is intentional (fully knowing its effects as a stimulant) or subsequent to the plan to
commit the crime
Reason for aggravation: bolstered courage to commit the crime (intentional); lessens resistance to evil
thoughts (habitual)
Supposing, the crime was done not in a civilized society, can the alternative circumstance of low
degree of instruction as a mitigating circumstance YES, it is a mitigating circumstance
Supposing, the accused killed a person, can the alternative circumstance of low degree of instruction
as a mitigating circumstance be appreciated? NO, because killing is inherently wrong
Supposing, the accused committed the crime of treason, can the alternative circumstance of low
degree of instruction as a mitigating circumstance be appreciated? NO, because love for country is a
natural feeling that requires no degree of instruction
Supposing, accused committed crimes against chastity, can the alternative circumstance of low
degree of instruction as a mitigating circumstance be appreciated? NO
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
CRIMINAL LAW Page 107 of 143
Lecture & Recitation Notes Atty. Maximo Amurao
Supposing, accused committed crimes against chastity, can the alternative circumstance of low
degree of instruction as a mitigating circumstance be appreciated? NO
Supposing, accused committed the crime of murder, can the alternative circumstance of low degree
of instruction as a mitigating circumstance be appreciated? NO
Supposing, a lawyer committed the crime of estafa, can the alternative circumstance of high degree
of instruction as an aggravating circumstance be appreciated? YES
Supposing, a doctor prepared a special poison to kill the victim, can the alternative circumstance of
high degree of instruction as an aggravating circumstance be appreciated? YES
Article 16
ARTICLE 16 WHO ARE CRIMINALLY LIABLE
-the following are criminally liable for grave and less grave offenses:
1. Principals
2. Accomplices
3. Accessories
Accessories are not liable for light felonies because the social wrong is so small
Rules on light felonies
1. punishable only when consummated
2. when committed against persons or property and punishable in the attempted or frustrated
3. only principals and accomplices are liable
4. accessories are not liable even in crimes against persons or property
Only natural persons can be active subjects of a crime contemplated under Article 16 of the RPC
Reasons:
1. Under the Revised Penal Code, persons act with personal malice or negligence; artificial/judicial
persons cant act with malice or negligence
2. A juridical person like a corporation cant commit a crime that requires willful purpose or malicious
intent
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
CRIMINAL LAW Page 108 of 143
Lecture & Recitation Notes Atty. Maximo Amurao
Article 17
ARTICLE 17 PRINCIPALS
- the following are considered principals:
3. those who cooperate in the commission of the offense by another act without which it would not
have been accomplished
In multiple rape, all the rapists are equally liable, regardless of degree of participation
Without the 2nd requisite, there is only conspiracy = thus there is no criminal liability
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
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CRIMINAL LAW Page 109 of 143
Lecture & Recitation Notes Atty. Maximo Amurao
2. that such inducement be the determining cause of the commission of the crime
Inducement may be by acts of command, advice, or through influence or agreement for
consideration; the words of advice or influence must actually move the hands of the principal by direct
participation
The inducement must be the determining cause for the commission of the crime by the principal by
direct participation, that is without such inducement the crime would not have been committed
The inducement must precede the act and must be so influential
If there is a price or reward involved, w/o prior promise = no inducement
By using words of command
- the words must be the moving cause of the offense
1. that the one uttering the words of command must have the intention of procuring the commission of
the crime
2. that the one who made the command must have an ascendancy or influence over the person who
acted
3. that the words used must be so direct, so efficacious, so powerful as to amount to physical or moral
coercion
Efficacious it would seem or it was furnished that the material executor or principal by direct
participation had reason to believe or was made to believe that the deceased did something wrong
4. the words of command must be uttered prior to the commission of the crime; when the words were
uttered after the commencement of the crime = no inducement
5. the material executor has no personal reason to commit the crime
Cooperate means to desire or wish in common a thing, but that common will or purpose does not
necessarily mean previous understanding for it can be explained or inferred from the circumstances of
each case
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
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CRIMINAL LAW Page 110 of 143
Lecture & Recitation Notes Atty. Maximo Amurao
Requisites:
1. participation in the criminal resolution, that is, there is either anterior conspiracy or unity of criminal
purpose and intention immediately before the commission of the crime charged
2. cooperation in the commission of the crime by performing another act, without which it would not
have been accomplished
First requisite
- requires participation in the criminal resolution
- there must be conspiracy
- concurrence is sufficient
- cooperation indispensable
Second requisite
- cooperation MUST be indispensable
- if dispensable, accused is only an accomplice
Collective Criminal Responsibility (CCR) when the offenders are criminally liable in the same manner
and to the same extent; penalty is the same for all:
a. Principals by Direct Participation CCR
b. Principals by Inducement CCR with Principals by Direct Participation, except those who
directly forced another to commit a crime
Individual Criminal Responsibility (ICR) in the absence of 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
Article 18
ARTICLE 18 - ACCOMPLICES
- Accomplices are persons who, not being included in Article 17, cooperate in the execution of the crime
by previous or simultaneous acts
Quasi-Collective Criminal Responsibility some of the offenders in the crime are principals; others are
accomplices
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
CRIMINAL LAW Page 111 of 143
Lecture & Recitation Notes Atty. Maximo Amurao
- they know & agree with the - they know & agree with the
- they come to know about the - they know the criminal intention
criminal design after the conspirators because they have decided upon
- mere instruments performing acts - they are the authors of the crime
the crime
2. that he cooperates in the execution of the offense by previous and simultaneous acts with the
intention of supplying the material or moral aid in the execution of the crime in an efficacious way
3. that there be a relation between the acts done by the principal and those attributed to the person
charged as accomplice
Rules on Accomplices:
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
CRIMINAL LAW Page 112 of 143
Lecture & Recitation Notes Atty. Maximo Amurao
1. the one who had the original criminal design is the person who committed the resulting crime (there
should be a principal by direct participation)
Article 19
ARTICLE 19 - ACCESSORIES
- Accessories are those who, having knowledge of the commission of the crime and without having
participated therein, either as principals or accomplices, take part subsequent to its commission in any
of the following manners:
1. by profiting themselves or assisting the offender to profit by the effects of the crime
2. by concealing or destroying the body of the crime or the effects or instruments thereof, in order to
prevent its discovery
3. by harboring, concealing or assisting in the escape of the principal of the crime, provided the
accessory acts with of his public functions or whenever the author of the crime is guilty of treason,
parricide, murder, or an attempt to take the life of the Chief Executive or is known to be habitually
guilty of some other crime
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
CRIMINAL LAW Page 113 of 143
Lecture & Recitation Notes Atty. Maximo Amurao
Examples of by concealing or destroying the body of the crime (or the corpus delicti)
- assisted in the burial to prevent discovery
escape - escape
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
CRIMINAL LAW Page 114 of 143
Lecture & Recitation Notes Atty. Maximo Amurao
Fence includes any person, firm, association, corporation or partnership or other organization
who/which commits the act of fencing
Article 20
ARTICLE 20 ACCESSORIES EXEMPT FROM CRIMINAL LIABILITY
- those who are exempt are the following:
Ground for exemption ties of blood; preservation of the cleanliness of ones name
Nephew or niece not included
Accessories not exempt if they: - profited by the effects of the crime
- assisted the offender to profit
PENALTIES
Penalty the suffering that is inflicted by the State for the transgression of a law
- personal - correctional
- legal
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
CRIMINAL LAW Page 115 of 143
Lecture & Recitation Notes Atty. Maximo Amurao
Social defense & exemplarity: justifies the imposition of the death penalty
The penalties under the RPC have a 3-fold purpose
1. Retribution or expiation penalty commensurate with the gravity of the crime
3. Social defense shown by its inflexible severity to recidivists and habitual delinquents
Article 21-29
ARTICLE 21 PENALTIES THAT MAY BE IMPOSED
- No felony shall be punishable by any penalty not prescribed by law prior to its commission
A pardon by the offended party does not extinguish criminal action, because a crime committed is a
felony or offense committed against the State, eg. estafa - even the offender pays damages to the
injured party, the offender can still be prosecuted
Compromise does not extinguish criminal liability
Under Article 344, in the crimes of seduction, abduction, rape or acts of lasciviousness, there shall be
no criminal prosecution if the offender is expressly pardoned by the parents or grandparents or
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
CRIMINAL LAW Page 116 of 143
Lecture & Recitation Notes Atty. Maximo Amurao
guardian of the offended party. In the crime of adultery or concubinage, both offenders (the offending
spouse and paramour) must be pardoned by the offended party
Pardon under Article 344 must be made before the institution of criminal prosecution, unless after the
institution of the criminal action, the offender and the offended decide to get married; This pardon is
only a bar to criminal prosecution
ARTICLE 24 MEASURES OF PREVENTION AND SAFETY THAT ARE NOT CONSIDERED AS PENALTIES
1. Arrest and Temporary Detention 5. Deprivation of Rights with
Fines
Reclusion Perpetua
Reclusion Temporal
Correctional penalties
Prision Correccional
Arresto Mayor
Suspension
Destierro
Accessory Penalties
- Perpetual or Temporary absolute disqualification
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
CRIMINAL LAW Page 117 of 143
Lecture & Recitation Notes Atty. Maximo Amurao
- Suspension from public office, the right to vote and be voted for, the profession or
calling
- Civil interdiction
- Indemnification
- Payment of cost
5. Pecuniary (fine)
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
CRIMINAL LAW Page 118 of 143
Lecture & Recitation Notes Atty. Maximo Amurao
7. Bond to keep the peace the period during which the bond shall be effective is discretionary on the
court
Article 30-35
Civil interdiction shall deprive the offender during the time of his sentence of the rights parental
authority, or guardianship, either as to the person or property of any ward, of marital authority, of the
right to manage his property, and of the right to dispose of such property by any act or any conveyance
Article 36
ARTICLE 36 PARDON; ITS EFFECTS
- shall not restore the right to hold office and the right of suffrage, unless expressly restored by the terms
of the pardon
- shall not exempt the culprit from civil liability
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
CRIMINAL LAW Page 119 of 143
Lecture & Recitation Notes Atty. Maximo Amurao
offenders
Article 37
ARTICLE 37 COSTS
1. Fees
2. Indemnities, in the course of judicial proceedings
Article 38
3. Fine
4. Costs of proceedings
Article 39
ARTICLE 39 SUBSIDIARY PENALTY
Subsidiary Penalty a subsidiary personal penalty to be suffered by the convict who has no property
with which to meet the fine, at the rate of one day for each eight (P8) pesos, subject to the rules
provided for in Article 39
Subsidiary penalties should be expressly specified in the conviction because without it, the accused
cannot be compelled to comply with it
Article 40-44
ARTICLES 40-44 ACCESSORY PENALTIES OF ARRESTO
(reading matter)
- usually, the specific accessory penalties are not specified, they are said generally
Article 45-47
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
CRIMINAL LAW Page 120 of 143
Lecture & Recitation Notes Atty. Maximo Amurao
- the law prescribes a penalty for a felony in general terms, it shall be understood as applicable to the
consummated felony
Exception when the law fixes a penalty for frustrated or attempted felony
The Death Penalty should be imposed on cases where the law specifies it
The Death Penalty as of now is deemed to be irrelevant
Article 48
ARTICLE 48 COMPLEX CRIMES
1. When a single act constitutes two or more grave or less grave felonies (compound crimes)
Compound Crime
- Requisites:
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
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Lecture & Recitation Notes Atty. Maximo Amurao
2. that the single act produces (i) 2 or more grave felonies, (ii) one or more grave & one or more less
grave felonies, (iii) 2 or more less grave felonies
The single act should produce a grave felony or a less grave felony or a combination of both
Light felonies produced by the same single act should be treated and punished as separate offenses or
may be absorbed by the grave felony
Supposing, you shot your neighbor then the bullet hit two children; the result was your neighbor
died, two children slightly injured, the result was 1 grave and 2 light felonies, is the crime complex or
separate? Separate, because the single act should produce a grave or less grave felony only
Supposing, a single criminal act produced 1 grave felony and 10 light felonies, is the crime complex or
separate? Separate
Supposing, a single criminal act produced 1 less grave felony and several light felonies, is the crime
complex or separate? Separate
Supposing, a single criminal act produced a crime punishable by the RPC and a crime punishable by
special law, is the crime complex or separate? Separate, considered as separate violations
Supposing, Prof. Amurao throws a grenade in class, 5 students died, is the crime complex or separate?
Complex
Supposing, using the same facts above, in addition 3 light felonies were produced, is the crime
complex or separate? Separate
Supposing, Prof. Amurao switched the machine gun to automatic and shot at the students with one
single act of pressing the trigger, producing several injuries, is the crime complex or separate?
Separate, because the what is considered is the no. of bullets discharged (People v. Desierto)
Supposing, Prof. Amurao switched the machine gun to not automatic and fired one bullet aimed at
someone but hit 3 others producing serious physical injuries, is the crime complex or separate?
Complex
Supposing, the act of firing a machine gun produces the crimes of attempted murder and physical
injuries, is the crime complex or separate? Separate, as held by the Court of Appeals
Supposing, two shots were fired directed against two different persons, is the crime complex or
separate? Separate
Supposing, in a notorious village, a commander ordered all his soldiers to shoot at the residents, is
the crime complex or separate? Complex, the SC held in People v. Lawas that it was a complex crime
because there was a single offense since there was a single criminal impulse/intent/purpose
Supposing, a person stole the fighting cocks of his neighbor alternately with three separate,
independent acts, is the crime complex or separate? Complex, as held by the SC in People v. De Leon,
the criminal act was done on the same occasion and the offender was motivated by one criminal
impulse
Supposing, a libelous article was published defaming 5 congressmen specifically identified by their
names, is the crime complex or separate? Separate, because there are as many crimes of libel as
there are persons libeled, provided that the persons are expressly specified; because each of the 5
congressmen may file for libel
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
CRIMINAL LAW Page 122 of 143
Lecture & Recitation Notes Atty. Maximo Amurao
Supposing, using the same facts above except that the congressmen were not identified, is the crime
complex or separate? Complex
Supposing, in a local publication, news writers wrote that the Herrera doctors are inefficient, is the
crime complex or separate? Complex, because the identification was in general terms, not specifically
identified
2. that one or some of the offenses must be necessary to commit the other
3. that both or all the offenses must be punished under the same statute
Supposing, the accused kidnapped a girl with intent to kill, brought the victim somewhere then
killed her, is the crime complex? NO, the crime is only murder, because the kidnapping was only a
means to commit the crime of murder
Supposing, law students made a falsified solicitation letter and collected money, is the crime
complex? YES, the falsification of the private document was necessary for the crime of estafa
Supposing, a public official committed malversation through falsification of public documents, is the
crime complex? YES, because the falsification was necessary to commit malversation
Supposing, the accused killed his victim in a building, then committed arson to conceal the murder, is
the crime complex? NO
In the crimes of estafa and falsification, you look at the crime first committed if it was necessary for
the commission of the other; the common element in estafa and falsification is the intent to cause
damage
Supposing, a city treasurer malversed P5million pesos out of taxes then falsified documents to
conceal the malversation, is the crime complex? NO, the crimes are separate
Supposing, in the crime of rebellion, an NPA commander burned villages and killed the villagers in
furtherance of his acts of rebellion, is the crime complex? NO, because the acts he committed were
absorbed in the crime of rebellion
Supposing, in the crime of rebellion, the NPA commander killed someone for personal reasons, is the
crime complex? NO, the crimes are separate
In the crimes of treason or rebellion, when common crimes are committed, (1) in furtherance of or is
related to treason or rebellion, the crimes are absorbed, but (2) for personal reasons or for a private
purpose, the crimes are separate
There is no complex crime of rebellion with common crimes
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
CRIMINAL LAW Page 123 of 143
Lecture & Recitation Notes Atty. Maximo Amurao
Article 49
ARTICLE 49 PENALTY FOR PRINCIPALS OF CRIME COMMITTED WAS DIFFERENT FROM WHAT WAS INTENDED
applicable only to mistake in identity
Steps
Article 50-57
ARTICLES 50-57 DEGREES TO WHICH PENALTIES SHOULD BE LOWERED (reading matter)
Participants liability lowered by degrees
Principals 0 1 2
Accomplices 1 2 3
Accessories 2 3 4
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
CRIMINAL LAW Page 124 of 143
Lecture & Recitation Notes Atty. Maximo Amurao
All penalties for each crime in the RPC = generally, shall always be imposed unless the law itself
expressly provides, except Article 60
Degree one whole penalty; one entire penalty or one unit of penalties enumerated in the graduated
scales
Period one of the 3 equal portions (minimum, medium, maximum)
Article 58-60
ARTICLE 58 ADDITIONAL PENALTY UPON ACCESSORIES OF ART.19(3)
- Absolute perpetual disqualification if guilty of a grave felony
Article 19(3) public officers who help the author of the crime by misusing their office and duties shall
suffer the additional penalties
ARTICLE 59 PENALTY FOR IMPOSSIBLE CRIMES
- Arresto mayor, with fine of P200-P500
- degree of criminality
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
CRIMINAL LAW Page 125 of 143
Lecture & Recitation Notes Atty. Maximo Amurao
Article 61
ARTICLE 61 RULES FOR GRADUATING PENALTIES
Divisible Penalties divided into three, so effects of ordinary mitigating circumstances and generic
aggravating circumstances can be applied
Indivisible Penalties eg. reclusion perpetua, public censure, fine
First Rule and Second Rule
Penalty only consists of a degree
The penalty next lower by one degree = penalty immediately following the penalty prescribed by the
law
- single and indivisible = Reclusion perpetua
Supposing, accused shot the victim qualified by treachery, but the victim survived, thus accused was
convicted of frustrated murder, the penalty for murder is reclusion perpetua, but since it was
frustrated, the penalty next lower in degree applies, which is reclusion temporal
12 6 = 6 / 3 = 2
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
CRIMINAL LAW Page 126 of 143
Lecture & Recitation Notes Atty. Maximo Amurao
10 8 = 2 years / 3 = 8 months
With the 3 periods of prision mayor medium now determined, the mitigating and aggravating
circumstances attendant can now be applied
Third Rule
- when three penalties are imposed in one (eg. Reclusion temporal Death)
Article 62
ARTICLE 62 - EFFECTS OF THE ATTENDANCE OF MITIGATING AND AGGRAVATING CIRCUMSTANCES AND HABITUAL
DELINQUENCY
2. should not be included in defining the crime, eg. by means of poison in the crime of murder
3. The maximum period shall be imposed regardless of mitigating circumstances if the offender is a
public officer who took advantage by public position
4. The maximum period shall be imposed for members of an organized or syndicated crime group
Organized or Syndicated Crime Group group of two or more persons collaborating, confederating or
mutually helping one another for purposes of gain in the commission of any crime
Second rule
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
CRIMINAL LAW Page 127 of 143
Lecture & Recitation Notes Atty. Maximo Amurao
- Aggravating circumstances are not applicable if inherent in the crime, eg. evident premeditation in
robbery or theft; advantage taken by public position in malversation; sex in crimes against chastity;
breaking wall in malicious mischief
Supposing, the victim gave sufficient provocation, which irritated the accused who called his brother
for assistance, then they both killed the victim, can the mitigating circumstance of sufficient
provocation be appreciated for both of them? NO, only to the one who was the target of the
provocation (the accused) and not his brother
2. Private relations
Supposing, your neighbor slapped your mom, then you asked your friend to accompany you to kill
your neighbor, can the aggravating circumstance of immediate vindication of a relative for a grave
offense be appreciated for the both you? NO, only to you because it was your mom who was offended
first and not your friend
3. Personal cause
Supposing, you and your friend entered your neighbors house, not knowing that your friend is
afflicted with kleptomania, can the mitigating circumstance of illness be appreciated for the both of
you? NO, illness can be appreciated only to your friend
1. Material execution
Supposing, Prof. Amurao asked his student to simply kill his classmate, but the student applied
cruelty when he killed his classmate, can the aggravating circumstance of cruelty be appreciated with
Prof. Amurao? NO, because he had no knowledge of the material execution used.
Supposing, using the same facts above, but Prof. Amurao told his student to kill his classmate at all
costs, can the aggravating circumstance of cruelty be appreciated with Prof. Amurao? YES
2. Means employed to accomplish
- Principal by direct participation uses poison to commit murder without the knowledge of the
Principal by inducement
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
CRIMINAL LAW Page 128 of 143
Lecture & Recitation Notes Atty. Maximo Amurao
Habitual Delinquency
Habitual Delinquent a person who, within a period of 10 years from the date of release or last
conviction of the crimes of serious or less serious physical injuries, robbery, theft, estafa, or
falsification, found guilty for a 3rd time or oftener. A habitual delinquent shall suffer an additional
penalty
Difference between Habitual Delinquent/Recidivist/Reiteracion
No. of
Crimes - 3rd time or oftener - 2nd time is sufficient - 2nd time is sufficient
mitigating circumstance
information
beginning conviction
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
CRIMINAL LAW Page 129 of 143
Lecture & Recitation Notes Atty. Maximo Amurao
specifically alleged
2. after conviction or after serving sentence again committed within 10 years from his release or date of
first conviction, he was convicted of any of said crimes for the 2 nd time
3. after conviction or after serving sentence for the 2 nd offense again commits and within 10 years of
conviction or release for the 2nd offense, commits a 3rd time or oftener
Additional Penalties
1. For the 3rd time = the penalty for the last crime + Prision correctional medium to maximum
2. For the 4th time = the penalty for the last crime + Prision mayor minimum to medium
3. For the 5th time or more = the penalty for the last crime + Prision mayor maximum to Reclusion
temporal minimum
Total of last penalty and additional penalty = should not exceed 30 yrs.
If the court overlooked the imposition of an additional penalty for habitual delinquency = the
offender cannot be compelled to suffer the additional penalty
In the commission of several crimes occurring on or about the same date shall be considered only as
one for purposes of habitual delinquency
In the conviction for those crimes occurring on or about the same date shall also be considered as one
Article 63
ARTICLE 63 RULES ON INDIVISIBLE PENALTIES
1. For single indivisible penalties (reclusion perpetua) shall be applied regardless of mitigating or
aggravating circumstances, eg. the crime of rape with homicide, with the mitigating circumstances of
voluntary surrender, voluntary confession of guilt, and illness, the penalty shall still be reclusion
perpetua because circumstances are disregarded
2. For two indivisible penalties (sub-paragraphs 1-4 are inapplicable, because there is no death penalty,
therefore theres only one indivisible penalty)
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
CRIMINAL LAW Page 130 of 143
Lecture & Recitation Notes Atty. Maximo Amurao
Article 64
ARTICLE 64 RULES FOR PENALTIES WITH 3 PERIODS
- In accordance w/ Articles 76-77 whether there are attending circumstances
First rule
- if neither a mitigating or aggravating circumstance is present = medium period is imposed
Second rule
- if there is a mitigating circumstance = minimum period is imposed
Third rule
- if there is an aggravating circumstance = maximum period is imposed
Fourth rule
- if there is both a mitigating and aggravating circumstance = courts shall offset the circumstances
according to relative weight
Fifth rule
- if there are 2 or more mitigating circumstances and absolutely no aggravating circumstances = the
penalty next lower in degree is imposed
Sixth rule
- whatever the number or nature of aggravating circumstances = courts cannot impose a greater penalty
than prescribed by law in maximum
Seventh rule
- Courts can determine extent of penalty within the limits of each period
Article 65-67
ARTICLE 65 RULES FOR PENALTIES NOT IN THREE PERIODS
(reading matter)
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
CRIMINAL LAW Page 131 of 143
Lecture & Recitation Notes Atty. Maximo Amurao
(reading matter)
- of the maximum fine is either added (for aggravating circumstances) or deducted (for mitigating
circumstances) from the maximum fine
- Arresto mayor minimum to Arresto mayor medium (for less grave felonies)
Article 68
ARTICLE 68 PENALTY FOR MINORS UNDER 18
(repealed by RA 9344)
Minor under 18 who acted with discernment = penalty two degrees lower
Article 69
Article 70
ARTICLE 70 SUCCESSIVE SERVICE OF SENTENCE
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
CRIMINAL LAW Page 132 of 143
Lecture & Recitation Notes Atty. Maximo Amurao
Simultaneous Service if the nature of the penalties will so permit, i.e. Reclusion temporal and
Perpetual Absolute Disqualification (refer to Reyes book for a complete list of penalties that ca be
served simultaneously)
Successive Service if cannot be served simultaneously (such as two jail sentences) shall follow the
scale provided by Article 70 based in the order according to severity
3-fold rule the maximum duration of the convicts sentence shall not be more than 3-fold the length
of the time corresponding to the most severe of the penalties imposed
only applies when the convict has to serve at least 4 sentences
In no case shall the sum total of penalties exceed 40 years
In the scale, Arresto menor comes before destierro because complete deprivation of liberty or
imprisonment in arresto menor is more severe than destierro
Supposing, you are a judge, can you impose the sentence of 500 counts of malversation, which is
each punishable by 15 yrs. of imprisonment, without violating Article 70? YES, because the 3-fold
rule does not refer to the imposition of sentence but refers to the service to the penalty; the courts
can sentence no matter what and no matter how much
The 3-fold rule is the concern of the Director of Prisons, NOT of the courts
If the sum total of all the penalties does not exceed the most severe multiplied by 3, the 3-fold rule
does not apply
Duration of convicts sentence refers to several penalties for different offenses not yet served out = has
to serve continuous imprisonment
Article 71-77
ARTICLE 71 GRADUATED SCALES
Penalties are classified between personal penalties (imprisonment) and political rights (suspension,
fine, etc)
Arresto mayor is followed by destierro
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
CRIMINAL LAW Page 133 of 143
Lecture & Recitation Notes Atty. Maximo Amurao
The ISLAW was enacted to benefit the accused by allowing the convict not to serve the full sentence
These objectives are attained with the application of the ISLAW
Example:
Supposing, accidentally you met your neighbor along the road, he challenged you to a fight and you
accepted the challenge, there was a physical fight, then you inflicted a mortal wound that caused his
death in the hospital, you were charged with homicide, because there were no qualifying
circumstances, and since there was no mitigating and aggravating you should be sentenced to a
medium period of reclusion temporal (for homicide)
- To get Minimum term, immediately get the penalty next to Reclusion temporal, lower by 1 degree =
Prision mayor anywhere within Prision mayor, the court can decide what period, regardless of
attending circumstances
- The Maximum term, considering the absence of attending circumstances, is Reclusion Temporal
medium period
- The sentence now using the ISLAW is Prision mayor in any period as the Minimum term, up to
Reclusion temporal medium period as the Maximum term
If the convict reaches the Minimum term, he shall eligible for parole; terms and conditions can be
imposed by the BPP
Note from Prof. Amurao: It pays to be in good terms with the judge and his wife or his number 2 so you
can get a low Minimum term if not the lowest
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
CRIMINAL LAW Page 134 of 143
Lecture & Recitation Notes Atty. Maximo Amurao
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
CRIMINAL LAW Page 135 of 143
Lecture & Recitation Notes Atty. Maximo Amurao
3. a recidivist
4. previously probationed
Duration
- not exceeding 6 years and not disqualified
- the accused may file an application for probation with the court
- the court will order an investigation through the probation officer, all the aspects of the life of the
convict
- after submission, court may deny or approve recommendation and admit the accused to probation
- reformation
- reintegration
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
CRIMINAL LAW Page 136 of 143
Lecture & Recitation Notes Atty. Maximo Amurao
3. sentence is fine with subsidiary imprisonment = probation is twice the days of subsidiary
imprisonment
Supposing, convict filed a notice of appeal, later changed his mind, withdrew his appeal then filed an
application for probation, can he do that? NO, once you file for an appeal, you waive your right to file
for an application for probation, and vice-versa if you first file for an application then later on decide
to withdraw it.
Supposing, a judgment of conviction was made, thus not entitled to probation, so accused filed an
appeal in the CA where his sentence was lowered, qualifying him for probation, can he apply for
probation now? CA says YES, there cant be any waiver of right because he was not
entitled to file an application for probation = theres nothing to
waive
Beyond the 15-day reglamentary period, you cant file an application for probation, except in RA 9344,
a child in conflict with the law can file an application for probation anytime
- Article 80 (repealed by RA 9344) involves the diversion and intervention programs for children in
conflict with the law
ARTICLES 81-85 PROCEDURE AND GUIDELINES FOR THE EXECUTION OF DEATH PENALTY (reading matter)
ARTICLE 86 ADMINISTRATIVE MATTER ON PENITENTIARIES
(reading matter)
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
CRIMINAL LAW Page 137 of 143
Lecture & Recitation Notes Atty. Maximo Amurao
ARTICLE 87 DESTIERRO
- prohibition in a certain place or places designated in the conviction
- not permitted to enter the place or places nor within the radius specified not more than 250, but not
less than 25 kilometers from the place
if death comes before final judgment, even pecuniary liabilities are extinguished
2. Service of sentence
- crime is a debt incurred by the offender as a consequence; after service of the sentence, the debt is
paid
3. Amnesty
- extinguishes the penalty and its effects; as if the crime was not committed
4. Absolute Pardon
- an act of grace by the Chief Executive; exempts the person from punishment only
5. Prescription of crime
6. Prescription of penalty
- private crimes (abduction, seduction, lascivious acts adultery, concubinage) cannot be prosecuted de
officio
- public crimes (rape) can be prosecuted de officio (meaning initiated in Court by filing a complaint
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
CRIMINAL LAW Page 138 of 143
Lecture & Recitation Notes Atty. Maximo Amurao
The prescriptive period shall commence to run from the discovery of the crime and shall be
interrupted only by filing a complaint or information in court
Commences to run again when such proceedings terminate without the accused being convicted or
acquitted
The prescriptive period shall not run when the offender is absent from the Philippines
Supposing, in 1980 the accused commits a crime, then goes into hiding, he resurfaces 20 years later,
then the government finds a witness, can they institute a case? NO, but if the accused left for the US,
YES he can be prosecuted still
The mere filing of a complaint with the following does not interrupt the prescriptive period:
- Chief of Police - Office of the NBI
because these do not constitute the court; they are not part of the judiciary, not part of the courts of
justice
But filing with: Office of the Public Prosecutor or Office of the Ombudsman, may interrupt the
prescriptive period
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
CRIMINAL LAW Page 139 of 143
Lecture & Recitation Notes Atty. Maximo Amurao
The prescriptive period shall commence upon evasion of the service of sentence of the convict and
shall be interrupted by the following:
1. if offender gives himself up
2. if he is captured
time
light felonies
- starts counting upon discovery of the - starts counting upon the escape or
the expiration of the period does not before expiration of the period
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
CRIMINAL LAW Page 140 of 143
Lecture & Recitation Notes Atty. Maximo Amurao
- must be delivered and accepted; contract bet. President and the convict
5. Release on Parole
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
CRIMINAL LAW Page 141 of 143
Lecture & Recitation Notes Atty. Maximo Amurao
Supposing, there is a calamity, but you did not escape, will you be awarded the 1/5 deduction? NO,
the law says you have to first escape
- imprisonment - fine
- prescription of liberty
Interested parties are: the government/State/President against the accused who is the only one liable
because penalties are personal
- restitution - indemnification
- reparation
Interested parties are: the offended party and heirs against the accused and heirs
Civil liability can be extinguished similar to that of contracts
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
CRIMINAL LAW Page 142 of 143
Lecture & Recitation Notes Atty. Maximo Amurao
First rule:
- Article 12 (1, 2, 3) = civil liability devolves to those who have parental or legal authority of them
Second rule:
- Article 11(4) = those who benefited from the harm prevented are civilly liable
Third rule:
- Article 12 (5 & 6) = the persons causing the fear or using violence are primarily liable; in their absence,
those who acted are secondarily liable
1. by payment or performance
5. by compensation
6. by novation
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab
CRIMINAL LAW Page 143 of 143
Lecture & Recitation Notes Atty. Maximo Amurao
NOTES BY:
Josh Villena (2007)| Tin Dabu (2010) | Xina Acosta (2010) |
year 2011: Em Quinto * Hanz Santos * Janna Tecson*Bevs Quintos*Norly
Villanueva*Ayla Salendab