Article 15-20 Flashcards
Alternative circumstances
Those which must be taken into consideration as AGGRAVATING or MITIGATING according to NATURE AND EFFECTS of the crime and OTHER CONDITIONS attending its commission
What are the alternative circumstances?
1) Relationship - spouse, ascendant, descendant, legitimate, natural or adopted brother or sister, relative by affinity within the same degree
+ also includes stepfather, stepmom, stepson, stepdaughter
2) Intoxication
MITIGATING if not habitual
AGGRAVATING if habitual or intentional
3) Degree of instruction and Education of offender
For intoxication to be mitigating
1) at time of commission of criminal act, he has taken such quantity of alcoholic drinks as to BLUR HIS REASON and DEPRIVE him of a certain degree of CONTROL
2) such intoxication is NOT HABITUAL/SUBSEQUENT to plan
Habitual drunkard
One given to intoxication by EXCESSIVE USE of intoxicating drinks
Habit should be ACTUAL and CONFIRMED, but not necessary to be a continuous or daily occurence
Low degree is mitigating in all crimes, except
1) crimes against property
2) crimes against chastity
3) treason
4) murder, except witchcraft
Who are principals?
1) those who take a DIRECT PART in the execution of the act
2) those who DIRECTLY FORCE or INDUCE others to commit it
3) those who COOPERATE in the commission of the offense by another act without which it would not have been accomplished (indispensable cooperation)
Requisites for principal by direct participation
1) That they PARTICIPATED in the CRIMINAL RESOLUTION*
2) That they carried out their plan and PERSONALLY TOOK PART in its execution by acts which DIRECTLY TENDED TO THE SAME END
*ESSENTIAL
Conspiracy exists if..
at the TIME OF THE COMMISSION of the offense, the accused had the SAME PURPOSE and were UNITED in its execution
To be a co-conspirator, must either
1) actively participate
2) lend moral assistance by being present
3) exerting moral ascendancy over rest of conspirators
- Participation in CRIMINAL RESOLUTION is essential
- only liable for acts done PURSUANT TO THE CONSPIRACY (with respect to a particular individual, but not with act done be different from that is intended)
2 types of principals by inducement
1) by directly FORCING another to commit a crime
- Irresistible Force
- Uncontrollable Fear
2) by directly INDUCING another to commit a crime
- Price, promise, reward
- Words of Command (must be the MOVING CAUSE)
Requisites of principal by inducement
1) That the inducement be made directly WITH THE INTENTION of procuring the commission of the crime
2) That such inducement be the DETERMINING CAUSE of the commission of the crime by the material executor
- -must PRECEDE the act
- -must be SO INFLUENTIAL
*but a THOUGHTLESS EXPRESSION without intention to produce the result is not an inducement
Requisites for person using words of command to be liable as principal by inducement
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
4) The words of command must be uttered PRIOR to the commission of the crime
5) The material executor of the crime HAS NO PERSONAL REASON to commit the crime
Who are “authors by inducement”?
The persons who planned the crime committed by other persons
Requisites of principal by indispensable cooperation
1) Participation in the criminal resolution, that 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 offense by performing ANOTHER ACT, without which it would not have been accomplished
Accomplice
Those persons not included in Art. 17 who cooperate in the EXECUTION of the offense by PREVIOUS or SIMULTANEOUS acts
Presumption bet. Accomplice and Principal - which prevails?
Accomplice
Accomplice v. Conspirator
Accomplice
- know AFTER the principals have reached the decision
- merely CONCURS
Conspirator
- know the plan because they DECIDED the course of action
- decides the crime
Requisites to be considered an accomplice
1) That there be COMMUNITY OF DESIGN, that is KNOWING THE CRIMINAL DESIGN of the principal by direct participation, he CONCURS with the latter in his purpose
2) That he cooperates in the execution of the offense by PREVIOUS or SIMULTANEOUS ACTS, with the intention of supplying MATERIAL or MORAL AID in the execution of the crime in an efficacious way*
* must just be NECESSARY, but not indispensable
3) That there be RELATION between the acts done by the principal and those attributed to the person charged as accomplice
Requisites of public officers as accessories
1) The accessory is a public officer
2) He harbors, conceals, or assists in the escape of the principal
3) The public officer acts with abuse of his public functions
4) The crime committed by the principal is any crime, provided it is not a light felony
Requisites of private persons as accessories
1) That the accessory is a private person
2) That he harbors, conceals, or assists in the escape of the author of the crime
3) That the crime committed by the principal is either:
(a) treason
(b) parricide
(c) murder
(d) attempt against the life of the President
(e) that the principal is known to be habitually guilty of some other crime
