Book 1 Flashcards
1
Q
The Revised Penal Code was drafted by a Committee created by Administrative Order No. 94 of the Department of Justice dated ____________.
A
October 18, 1927
2
Q
Effectivity of the Revised Penal Code: Article I provides that, the Code (Act No.____) shall take effect on _______
A
3815
January 1, 1932.
3
Q
The Revised Penal Code is divided into two books. Book 1 embraces articles ____, contains the general rules applicable to all felonies,
While Book 2, embraces articles ____, contains specific rules to particular crimes.
A
1-113
114-367
4
Q
________is that branch of division of law which:
a) defines crimes;
b) treats of their nature; and
c) provides for their punishment
A
Criminal Law
5
Q
________ is defined as an:
a) act committed; or
b) act omitted
in violation of public law commanding or forbidding it.
A
Crime
6
Q
Sources of Philippine Criminal Law:
A
a) The Revised Penal Code, and its amendments; and
(b) Special Laws passed by Congress which are penal in nature.
(c) Presidential Decrees during Martial Law era.
7
Q
The state has the authority under its _____ to define and punish crime in order to regulate the conduct of men in society for the purpose of attaining a peaceful community and fear to commit crimes.
A
police power
8
Q
Characteristics of Criminal Law:
A
- General
- Territorial
3) Prospective
9
Q
It deals about persons who are here in the Philippines even as visitors or tourists. They are all bound by our criminal law once they committed crimes here.
A
General
10
Q
Exemption to the “General” Characteristics of Criminal Law
A
Law of preferential application -Heads of States -Ambassadors -Ministers plenipotentiary -Ministers Resident, and -Charge d' Affaires are not bound by our Criminal Law, and -consul under treaty stipulation.
11
Q
It deals about crimes committed within the territory of the Philippines, be it land or terrestrial, sea or maritime, or aerial.
A
Territorial
12
Q
Exemption to the “Territorial” Characteristics of Criminal Law
A
a) The offense was committed while on the Philippine ship or airplane;
b) Forging or counterfeiting any coin or currency notes of the Philippines or obligations and securities issued by the Government committed outside the country;
c) Importing or bringing into the Philippines any counterfeited or forged coin, currency note, or obligation or security issued by the government;
d) While being public officer or employee, should commit an offense in the exercise of his function; and
e) Should commit any of the crimes against national security and the law of nation as defined in the Title One, Book Two of the Revised Penal Code.
13
Q
It deals about the effectivity of the law that punishes the act committed or omitted.
A
Prospective
14
Q
Exemption to the “Prospective” Characteristics of Criminal Law
When a repealing law is favorable to the accused, it should be given retroactive effect, provided the accused or convicted offender is ______ and the law does not provide otherwise.
A
not a habitual criminal
15
Q
1) _____ are constructed or interpreted strictly against a government and liberally in favor of the accused. The rule that penal statutes should be strictly construed against the government and in favor of the accused can only be invoked when the law is ________. If it is very clear, then there is no need for interpretation, it must be applied accordingly; and
2) In the construction or interpretation of the penal law or the Revised Penal Code, the ______ text must prevail as it was written accordingly in Spanish.
A
Instruction of Penal Laws:
- Penal Laws
- ambiguous or unclear
- Spanish
16
Q
Theories of Criminal Law:
A
Classical Theory
Positivist Theory
17
Q
a) The basis of criminal liability is human free will and the purpose of penalty is retribution;
b) That man is essentially a normal creature with an absolutely free will to choose between good and evil thereby placing more stress upon the effect or result of the felonious act upon the man, the criminal himself;
c) It has endeavored to establish a mechanical, and direct proportion between crime and penalty; and
d) There is scant regard to the human element.
A
Classical Theory
18
Q
a) That man is subdued occasionally by a strange and morbid phenomenon which constrains him to do wrong, in spite of, or contrary to his volition;
b) That crime is essentially a social and natural phenomenon, and as such cannot be treated and checked by the application of the abstract principles of law and jurisprudence nor by the imposition of a punishment fixed and determined a priori; but rather through the enforcement of individual measures in each particular case after a thorough personal and individual investigation conducted by a competent body of psychiatrists and social scientists.
A
Positivist Theory
19
Q
Application of our Criminal Laws:
a) Crimes committed on board foreign merchant vessel or airplane, our criminal laws have ____ jurisdiction or application;
A
NO
20
Q
Application of our Criminal Laws:
b) Crimes or offenses committed on board foreign merchant vessel while on Philippine Waters are triable ________
A
before our Courts (Adopting the English Rule);
21
Q
Application of our Criminal Laws:
c) Crimes or offenses not involving a breach of public order committed on board a foreign merchant vessel in transit are triable ________
A
NOT in our Courts
22
Q
Application of our Criminal Laws:
d) Philippine Courts have no jurisdiction over offenses committed on board a foreign warship even within our territory. ______ are always regarded to be an extension of the territory of the country where they belong.
A
Warships
23
Q
Acts and omissions punishable by law
A
Felony
24
Q
Example of Felony by act: A took the watch of B with intent to gain and without the knowledge and consent of B.
A
theft.
25
Example of Felony by omission: A found B inside the forest wounded and dying. Instead of helping B, A left, afraid that he might get involved and might be suspected of causing injury to B.
Abandonment of Person in Danger (Article 275, para. 1, Revised Penal Code).
26
Classification of Felonies:
1) Intentional Felony
| 2) Culpable Felony
27
the act or omission of the offender is malicious, with deliberate intent or with malice.
Intentional Felony
28
The act or omission of the offender is not malicious, nor intentional, it is merely the incident of another’s act performed without malice. The wrongful act results from imprudence, negligence, lack of skill or lack of foresight.
Culpable Felony
29
Elements of Felony, in _____:
1) That there must be an act or omission;
2) That the act or omission must be punishable by law; and
3) That the act is performed or the omission incurred by means of deceit of fault.
General
30
Elements of Felony Committed by ______:
1) You must have freedom while doing an act or omitting to do the act;
2) You must have intelligence while doing an act or omitting to do the act; and
3) You must have intent while doing the act or omitting to do the act.
Means of Deceit
31
Elements of Felony Committed by _________
1) You must have freedom while doing an act or omitting to do the act;
2) You must have intelligence while doing an act or omitting to do the act; and
3) You must be imprudent, negligent, lack of skill or lack of foresight while doing an act or omitting to do the act.
Means of Fault (Culpa)
32
While______ excuses no one from compliance therewith, _______relieves the accused from criminal liability.
Mistake of Fact as a Defense in Intentional Felony:
- ignorance of the law
- mistake of fact
33
_____ is misapprehension of fact on the part of the person who caused injury to another. He is not however criminally liable because he did not act with intent.
Mistake of fact
34
__________ destroys the presumption of criminal intent which arises upon the commission of a felonious act.
An honest mistake of fact
35
1. That the act done would have been lawful had the facts been as the accused believed them to be;
2. That the intention of the accused in performing the act should be lawful; and
3. That the mistake must be without fault of carelessness on the part of the accused.
Elements of Mistake of Fact:
36
One who resists an arrest believing that the police who is in plain clothes is a bandit, but submits himself immediately upon being informed by the policeman that he is indeed a policeman by flashing his ID
is not guilty of Resistance to an Agent of a Person in Authority under Article 151 of the Revised Penal Code because of honest mistake of fact.
37
is the moving power which impels one to act for a definite result.
Motive
38
is the purpose to use a particular means to effect such result.
Intent
39
_____ is an element of a crime, while
| ____ is not.
Intent
| motive
40
When Motive is Relevant or Not Relevant:
Where the identity of the perpetrator is unknown or is in dispute, the motive that may have impelled its commission is _______.
Motive need not be established if the guilt of the accused is _________________.
relevant
| shown beyond reasonable doubt
41
How Motive is proved:
Generally, motive is established by the ____witnesses on the acts or _______ the accused before or immediately after the commission of the offense. Such deeds or words may indicate the motive. But proof of motive alone is not sufficient to support a _______.
testimony of
statements of
conviction
42
NOTE: When the crime is punished by special law as a rule, _______ is not necessary. It is sufficient that the offender has______the act prohibited by said special law.
intent to commit the crime
| perpetrated
43
Classifications of Crimes According to its Nature:
1. Mala in Se
| 2. Mala Prohibita
44
wrongful from its nature like rape, robbery, murder, etc.
Mala in Se
45
a crime because the act is prohibited by special law, like: dynamite fishing, illegal logging, etc.
Mala Prohibita
46
are those so serious in their effects on society as to call for the almost unanimous condemnation of the society
Mala in Se
47
mala prohibita are violations of mere rules of convenience designed to secure a more orderly regulation of the affairs of the society.
Mala Prohibita
48
Criminal Liability is incurred by any person who:
- Commits a felony although the wrongful act done be different from that which he intended to commit.
- Performs an act which would be an offense against persons or property were it not for the inherent impossibility of its accomplishment or on account of the employment of inadequate or ineffectual means (Impossible Crime).
49
Commits a felony although the wrongful act done be different from that which he intended to commit.
Aberratio Actus or mistake in blow
Praeter intentionem or the injurious result is greater than what was intended
Error in the personae or mistake in identity
50
One who fired his gun at B but missed and hit instead C is liable for the injury caused to C although the one who fired the gun had no intention to injure C.
Aberratio Actus or mistake in blow
51
One who gave a first blow on the head of B causing the latter to fall with his head first against the pavement resulting in his death by hemorrhage is liable for the death of B even though he had no intention to kill B but just to hit him in the head.
Praeter intentionem or the injurious result is greater than what was intended
52
One who stabbed another in the dark believing that the latter was E when in fact he was G is liable for the injury caused to E although he had no intention to injure E.
Error in the personae or mistake in identity
53
a) That the act performed would be an offense against person or property;
b) That the act was done with evil intent; and
c) That its accomplishment is inherently impossible or that the means employed is either inadequate or ineffectual.
Elements of Impossible Crime:
54
Mr. A determined to poison B uses a small amount of arsenic by mixing it with the food served to B believing that the quantity is sufficient. But since the quantity is not sufficient, B did not die but only suffered LBM.
Employment of inadequate means (Impossible Crime)
55
Mr. A tried to kill B by putting in his food a substance which he thought was arsenic when in fact it was sugar. B could not have been killed because sugar cannot kill a person.
Employment of ineffectual means (Impossible Crime)
56
A saw his perennial enemy B came home after 10 years of escaping in the Mountain. On nighttime, A was able to get inside the house of B. A proceeded to the room of B whom he saw was sleeping. Without much ado, A stabbed B several times. When he switched on the light, he found out that no blood came out of the wounds of B, as B had been dead a few hours ago due to heart attack. It is impossible to kill an already dead person.
Inherent Impossibility (Impossible Crime)
57
Purpose of the Law in Punishing Impossible Crimes:
To suppress criminal propensity on criminal tendencies. Objectively, the offender has ______ a crime but subjectively, he is a criminal.
NOT committed
58
Stages of Execution:
1) Consummated Felony
2) Frustrated Felony
3) Attempted Felony
59
A felony is _____ when all the elements necessary for its execution and accomplishment are present;
consummated
60
It is ______ when the offender performs all the acts of execution which would produce the felony as a consequence but which nevertheless do not produce it by reason or causes independent of the will of the perpetrator; and
frustrated
61
There is an ____ when the offender commences the commission of the felony directly by overt acts and felony by reason of some cause or accident other than his own spontaneous desistance.
attempt
62
The accused lay on top of a girl nine years of age for over fifteen minutes. The girl testified that there was partial penetration of the male organ in her private part and that she felt intense pain.
a) Consummated rape
63
Frustrated rape?
There is no such Frustrated rape.
64
The accused placed himself on top of woman and raising her skirt in effort to get his knees between her legs while his hands held her arms firmly, endeavoring to have sexual intercourse with her, but not succeeding because the offended party was able to extricate herself and run away.
c) Attempted rape
65
A stabbed B with intent to kill hitting the left chest of B penetrating the heart of B resulting in his instantaneous death.
Consummated
66
Manuel Pasuquin was stabbed several times by Lazarte but the former did not die because of the timely medical attendance.
Frustrated
67
Remolete intended to kill Rayray by Shooting the latter hitting him on his arms and legs not affecting the vital organs.
Attempted
68
Development of the Crime:
From the moment the culprit conceives the idea of committing a crime up to the realization of the same, his act passes through certain stages. These stages are:
1. Internal act
| 2. External Acts
69
Such as mere ideas is in the mind of a person, are not punishable even if his intention is criminal.
Internal act
70
Mere intention producing no effect is no more a crime than a mere effect without the intention is a crime. In other words
intention and the effect must concur
71
Pedro lustfully desires to have sexual intercourse with Mia but fears to do it as he knows that Mia may not like him.
It is not a crime as it is only in the mind of Pedro.
| Internal Act
72
cover the a) preparatory act, and b) act of execution.
External Acts
73
Preparatory act normally is not punishable, like for example buying poison to kill Carlo. It is _____. But once there is an act of execution, like when he puts the poison into the food of Carlo, then it may become a crime as it may be attempted, frustrated or consummated, as the case may be.
not yet a crime
74
Note: In _____ felony, the offense is commenced by overt act.
attempted
75
is some physical activity or deed indicating the intention to commit a particular crime more than a mere planning or preparation which if carried to its complete termination following its natural course without having frustrated by external obstacles nor by voluntary dessistance of the perpetrator will logically ripen into a concrete offense.
An overt act
76
A threw an upper cut to B but failed to hit B. The act of boxing is an overt act of _____.
physical injury
77
A shot B with his firearm but did not hit B who jumped into the grassy portion of the road. The shooting is an overt act of _____.
homicide or murder as the case may be
78
A fired his lighter and about to throw it into the roof of the house of B which is made of nipa but was caught by the police. The act of throwing a lighted lighter to the house is an overt act of _____
arson.
79
A undressed himself while Miss B was lying on the bed unconscious and also naked but was caught by the woman’s parents was an overt act of ____
rape
80
Conspiracy and Proposal to Commit Felonies:
As a general rule, conspiracy and proposal to commit a felony are ______.
Exception: they are punishable only in cases in which the law provides for their punishment.
not punishable
81
Conspiracy and Proposal to Commit Felonies are Punishable under:
Art. 115-Conspiracy and Proposal to Commit Treason
Art. 136-Conspiracy and Proposal to Commit Coup d’ Etat, Rebellion or Insurrection
Art. 141-Conspiracy to Commit Sedition
82
exists when two or more persons come to an agreement concerning the commission of a felony and decide to commit it.
Conspiracy
83
when the person or persons who decided to commit a felony propose its execution to some other person or persons.
Proposal
84
Classification of Felonies According to their Gravity:
1. Grave Felonies
2. Less Grave Felonies
3. Light Felonies
85
Are those where the law attaches the capital punishment or penalties which in any of their periods are afflictive.
Grave Felonies
86
Are those where the law attaches punishments which in their maximum period are correctional; and
Less Grave Felonies
87
Are those infractions of law for the commission of which, the penalty of arresto menor or a fine of not exceeding P 200.00 or both is imposed.
Light Felonies
88
Notes: Capital Punishment
Death
89
Afflictive Penalties
Reclusion Perpetua
Reclusion Temporal
Perpetual or Temporary Absolute Disqualification,
Perpetual or Temporary Special Disqualification, and
Prision Mayor.
90
Correctional Penalties
Prision Correccional,
Arresto Mayor,
Suspension, and
Destierro.
91
Light Penalty
Arresto Menor
92
It is where the purpose of the offender in performing an act is not certain. Its nature in relation to its objective is ambiguous and unclear.
Indeterminate Offense:
93
At early dawn, A was surprised by a policeman while in the act of making an opening with an iron bar on the wall of a store of cheap goods. At that time the owner was sleeping in the second floor. A had only succeeded in breaking one board and in unfastening another from the wall.
The case is not attempted robbery for he had not yet shown his intent to commit the offense by taking possession for the purpose of gain of some personal property. But the crime committed was Attempted Trespass to Dwelling because the intention of the accused was obviously disclosed by his acts.
94
Light felonies are punishable only when they are _____.
However, ______ are punishable even if attempted or frustrated.
consummated
crimes against persons and property
95
1. Art. 309, No. 1. Theft by hunting or fishing or gathering fruits, cereals or other forest or farm products upon an enclosed estate or field or where trespass is forbidden and the value of the thing stolen does not exceed P 5.00.
2. Art. 309, No. 8. Theft where the value of the stolen property does not exceed P 5.00 and the offender was prompted by hunger, poverty or the like.
3. Art. 313 alteration of boundary marks.
4. Art. 328, No. 3 Malicious mischief where the damage is not more than P 200.00 nor cannot be estimated.
Examples of Felonies Against Property:
96
Example of Felony Against Person:
1. Slight physical injuries/maltreatment.
97
Circumstances Affecting Criminal Liabilities:
1. Justifying Circumstances (Art. 11)
2. Exempting Circumstances (Art. 12)
3. Mitigating Circumstances (Art. 13)
4. Aggravating Circumstances (Art. 14)
5. Alternative Circumstances (Art. 15)
98
is an element of responsibility, for a man cannot be made to answer for the consequence of the crime unless he is guilty.
Guilt
99
are those where the act of a person is said to be in accordance with law, so that such person is deemed not to have transgressed the law and is free from both civil and criminal liability.
Justifying circumstances
100
In Justifying Circumstance, There is no civil liability except in ________, where the civil liability is borne by the person/s benefited by the act.
paragraph 4 of Article 11
101
The following are Justifying Circumstances:
1. Self-Defense
2. Defense of Relatives
3. Defense of Stranger
4. Avoidance of Greater Evil or Injury
5. Fulfillment of Duty or Lawful Exercise of Right or Office.
6. Obedience to an Order Issued for Some Lawful Purpose
102
First-Unlawful aggression (by the victim)
Second-Reasonable necessity of the means employed to prevent or repel the aggression (attack)
Third-Lack of sufficient provocation on the part of the person defending himself
Self-Defense
103
is an indispensable requisite. There can be no self-defense until there has been ______ that must come from the victim.
Unlawful aggression
104
Anyone who acts in defense of the person or rights of his/her SPOUSE, ASCENDANTS, DESCENDANTS, or LEGITIMATE, NATURAL or ADOPTED BROTHERS or SISTERS, or of his/her relatives by affinity in the same degrees and those by consanguinity within the fourth civil degree (first cousin)
Defense of Relatives
105
First-Unlawful aggression (by the victim)
Second-Reasonable necessity of the means employed to prevent or repel the aggression (attack)
Third-In case the provocation was given by the relative attack, the relative making the defense had no part therein.
Defense of Relatives
106
Anyone who acts in defense of the person or rights of the stranger, provided the following requisites concur:
First-Unlawful aggression (by the victim)
Second-Reasonable necessity of the means employed to prevent or repel the aggression (attack)
Third-The person defending the stranger be not induced by revenge, resentment or other evil motive against the victim.
Defense of Stranger
107
Any person who in order to avoid an evil or injury against him does an act which causes damage to another, provided the following requisites concur:
First---That the evil sought to be avoided actually exists
Second--That the injury feared be greater than that done to avoid it
Third--That there be no other practical and less harmful means of preventing it.
Avoidance of Greater Evil or Injury
108
means injury to person and damage to property.
Damage to another
109
A person was driving a car on a narrow road with due diligence and care when suddenly he saw a truck in front of him. If he would swerve his car to the left, he would fall into the deep ravine, if to the right, he would kill a passerby. He was made to choose between losing his life or killing a passerby. He chose his life and ran over a passerby.
He did not commit a crime as one’s life is more important than the passerby. (Avoidance of Greater Evil or Injury)-Justifying Circumstance
Civil liability - the driver shall pay the heir of the victim
110
Fire breaks out in a cluster of nipa houses, and in order to prevent the spread of fire to adjacent houses, he pulled down the surrounding houses. The pulling down of adjacent houses even made of strong materials in order to prevent further damage is justified.
(Avoidance of Greater Evil or Injury)-Justifying Circumstance
the civil liability shall be borne by the owners of the houses which were saved by the fire.
111
The executioner of the New Bilibid Prison cannot be held liable in doing the lethal injection to the condemned convict.
Fulfillment of Duty or Lawful Exercise of Right or Office-Justifying Circumstance
112
First-That an order has been issued by a superior
Second-That such order must be for some lawful purpose
Third-that the means used by the subordinate to carry out said order is lawful.
Note: Both the persons who gave the order and who executed it must be within the limitations prescribed by law.
Obedience to an Order Issued for Some Lawful Purpose
113
are those grounds for exemption from punishment because there is wanting in the agent of the crime any condition which makes the act voluntary.
Exempting circumstances (non imputability)
114
Basis: The exemption from punishment is based from the complete absence of _______,______,_____, and ______ on the part of the accused.
intelligence
freedom of action, or intent, or
in the absence of negligence
115
Under the Revised Penal Code, a person must act with _____ or ______ to be criminally liable.
malice or negligence
116
One who acts without intelligence, freedom of action or intent does not act with _____. On the other hand, one who acts without intelligence, freedom of action or fault does not act with ______.
malice
| negligence
117
The following are Exempting Circumstances:
1. An imbecile or an insane person
2. A person under 9 years of age
3. Minor over 9 years of age and under 15 who acted without discernment
4. Accident
5. Irresistible force
6. Uncontrollable fear
7. Prevented by insuperable cause
118
An imbecile or an insane person who committed a crime is exempted from criminal liability. Note: If an insane person committed crime during ____, then he is criminally liable.
lucid interval
119
is one who while advance in age has a mental development as that of child two or seven years of age.
An imbecile
120
is a mental defect which makes one in capable to know what is right or wrong.
insanity
121
When an insane or imbecile committed a crime, the court may order the ______of same to a mental hospital or asylum and shall not be permitted to leave without order of the same court.
confinement
122
This must be construed nine years or less. Note that there is _______ in the case of a minor 9 years of age or less.
absolute irresponsibility
123
which is said to be the second childhood is not exempting, it is only mitigating. The reason of exempting one from criminal responsibility is absence of intelligence.
Senility
124
means the mental capacity of a minor between 9 and 15 years of age to fully appreciate the consequence of his act.
DISCERNMENT
125
If a minor over 9 but under 15 committed crime with discernment, he is _____.
criminally liable
126
Discernment may be shown in the following instances:
1. A minor after committing a crime of rape said to his victim, “Ang Sarap mo!”
2. A minor committed a crime during nighttime to avoid discovery.
3. A minor after hitting another with stone resulting in his blindness said, “Putang ina mo, mabuti natikman mo!”
127
any person while performing a lawful act with due care causes an injury to another by mere accident without fault or intention of causing it.
Accident
128
The accused while hunting, saw a wild chicken and fired a shot. The slug after hitting a wild chicken recoiled and struck a tenant in the land who was his relative, resulting in his death. The accused was acquitted as it was a clear accident. Firing at a wild chicken is no crime.
Accident (Exempting Circumstance)
129
any person who acts under the compulsion of an irresistible force. This exempting circumstance presupposes that a person is compelled by means of force or violence to commit a crime.
Irresistible force (Exempting Circumstance)
130
Mr. A witnessed when B killed C. A ran away as he was afraid but he was spotted by the killer who called him back and striking him with a butt of the rifle ordered him to bury the dead.
A cannot be charged of the crime as an accessory as he acted under the compulsion of irresistible force.
Note: In this case the basis of exempting is total absence of freedom.
131
any person who acts under the impulse of an uncontrollable fear of an equal or greater injury. This exempting circumstance is presupposing that a person is compelled to commit a crime by another but the compulsion is by means of intimidation or threat NOT force or violence in irresistible force.
Uncontrollable fear (Exempting Circumstance)
132
Exaltation and Tanchico were compelled under fear of death to swear allegiance to the Katipunan whose purpose was to overthrow the government by force or arms. In this case, the two cannot be held criminally liable for rebellion because they joined the rebels under the impulse of uncontrollable fear of an equal or greater injury.
Note: The fear of death is greater than imprisonment if caught in committing rebellion.
133
A confessed to a Filipino priest that he and several others were in conspiracy against the government. Under Art. 116, the priest must report the same to the governor or fiscal where he resides. If the priest does not disclose and make known to authorities concerned of the conspiracy, he is exempt from criminal liability because under the law the priest cannot be compelled to reveal an information which he cause to know by reason of confession by a penitent.
Prevented by insuperable cause-
any person who fails to perform an act required by law when prevented by some lawful or insuperable cause. (Exempting Circumstance)
134
A policeman arrested a person who committed an offense in his presence and detained for more than 12 hours despite the fact that the crime is only slight. If the reason of the policeman is that he and the arrested person had to walk for more than 12 hours as there was no road and it was after 12 hours when they arrived at the court that he filed the case, he would be exempted from criminal liability.
Prevented by insuperable cause-
any person who fails to perform an act required by law when prevented by some lawful or insuperable cause. (Exempting Circumstance)
135
Distinction between Justifying and Exempting Circumstances:
1. A person who acts by virtue of a justifying circumstances does not transgress the law. That he is deemed not committing a crime as in the eyes of the law his act is justifiable.
In justifying circumstances there is neither _____. No civil liability except in paragraph 4 (causing damage to another in state of necessity)
2. In exempting circumstances there is a crime committed but there is ______.
The act is not justified but the actor is not criminally liable as he is exempted from criminal responsibility.
In exempting circumstances, there is civil liability exempt in paragraph 4 (causing injury by a mere accident; failure to perform an act required by law when prevented by insuperable cause)
a crime nor a criminal
| no criminal
136
are those where the accused committed a crime but for reasons of public policy and sentiment, there is no penalty imposed.
Absolutory causes
137
Art. 6-Spontaneous desistance of the person who commenced the commission of a felony, but desisted before he could perform all the acts of execution
Art. 20-Accessories who are exempt from criminal liability like spouses, ascendants, descendants, legitimate, natural and adopted brothers and sisters, or relatives by affinity within the same degree, EXCEPT when he profits by the effect of the crime or by assisting the offender to profit by the effect of the crime.
Art. 124-last paragraph
Art. 247-Paragraphs 1 and 2, death or physical injury inflicted under exceptional circumstances.
Art. 280-Exception to trespass to dwelling (when a person enters another’s dwelling to protect/prevent some serious harm to himself, the occupants of the dwelling or a third person).
Art. 332---No criminal but only Civil liability shall result from the commission of the crime of theft, swindling or malicious mischief committed by the following persons between themselves:
a) Spouses, ascendants and descendants or relatives by affinity in the same line.
b) The widowed spouse with respect to the property which belonged to the deceased spouse before the same shall have passed into the possession of another.
c) Brothers and sisters and brothers-in-law and sisters-in-law if living together.
Art. 344-In cases of seduction, abduction, acts of lasciviousness and rape, if the accused and the victim marry each other, it extinguishes criminal liability.
Other Absolutory Causes:
138
A PNP Narcom agent representing himself as drug user, approached the accused and induced the latter to look for an opium den where they can use opium. The accused told the PNP Narcom that he already desisted from drug as he is now having a new life. But the agent was so insistent that the accused found one and the two of them used opium. After a While, the agent left for personal necessity but when he returned, policemen swooped the place arresting the accused. In this case, the accused was instigated by the Narcom agent to commit a crime.
INSTIGATION is an Absolutory Cause
139
A PNP Narcom agent posed as drug user. He approached a person whom he knows as drug pusher. He asked if he could buy opium, which the other man said, if the price is right. When he gave his money, the man gave him ounces of opium. It was at that instance when policemen arrived and caught the drug pusher. In this case it is entrapment. The accused was induced by somebody to commit crime. Hence, he can be prosecuted.
ENTRAPMENT is NOT an Absolutory Cause
140
are those which if present in the commission of the crime do not entirely free the actor from criminal liability but only serve to reduce the penalty.
Basis: Based on the diminution of either freedom of action, intelligence or intent or on the lesser perversity of the offender.
Mitigating Circumstances
141
Classes of mitigating Circumstances:
a) Ordinary mitigating
| b) Privileged mitigating
142
Class of mitigating Circumstances enumerated in Article 13
Ordinary mitigating
143
A penalty to be imposed upon a person over 9 but under 15 is two degrees lower; that the person is above 15 but under 18, one degree lower; a penalty of one or two degrees lower if the act is now wholly excusable; when there are two mitigating circumstances without aggravating circumstance, penalty is one degree lower.
Privileged mitigating
144
Distinction:
1) Ordinary mitigating ____ by any aggravating circumstance. While privileged mitigating ____ by aggravating circumstances.
2) Ordinary mitigating if not offset by an aggravating circumstance produces only the effect of applying the penalty provided by law for the offense in the _____ in case of divisible penalty; privileged mitigating produces the effect imposing the offender the penalty lower by ________ than that prescribed by law for the crime.
1. can be offset
2. cannot be offset
3. minimum period
4. one or two degrees
145
1. Incomplete justifying or exempting circumstances
2. Under 18 years of age or over 70 years of age
3. No intention to commit so grave a wrong
4. Sufficient provocation or treat by the victim preceded the act
5. Vindication of a grave offense committed by the victim against the accused spouse, ascendant, descendant, legitimate, natural, or adopted brothers or sisters or relative by affinity within the same degrees.
6. That the accused committed a crime after having acted upon passion or obfuscation
7. Voluntary surrender to a person in authority or his agent and voluntary confession of guilt before the court.
8. Physical defect of the offender (which restricts his means of action, defenses or communication with his fellow being)
9. Illness of the offender
10. Analogous Circumstances
Mitigating Circumstances:
146
Incomplete self-defense (but take note that the requisite of unlawful aggression on the part of the victim must always be present)
Incomplete justifying or exempting circumstances
| of Mitigating Circumstance
147
The accused confined himself to just giving a single blow with a bolo wherein the victim was hit in right arm. But because of the absence of a doctor, the victim died of hemorrhage.
No intention to commit so grave a wrong (of Mitigating Circumstance)
148
By provocation is understood any unjust or improper conduct or act of the offended party capable of exciting, inciting or irritating anyone.
Sufficient provocation or treat by the victim preceded the act (of Mitigating Circumstance)
149
When there are causes naturally producing in a person powerful excitement, he loses his reason and self control thereby diminishing the exercise of his Will power.
That the accused committed a crime after having acted upon passion or obfuscation (of Mitigating Circumstance)
150
A and B are common-law husband and wife for almost 20 years. A got jealous when he saw his wife in the house of C (B’s former boyfriend). The two (A and B) had a heated altercation until A became so excited that he killed B, his common-law wife. It can be noted that here A acted on an impulse so powerful that naturally produced passion.
That the accused committed a crime after having acted upon passion or obfuscation (of Mitigating Circumstance)
151
Physical defect of the offender (which restricts his means of action, defenses or communication with his fellow being)
Physical defect of the offender (of Mitigating Circumstance)
152
(as would diminish the exercise of the will power of the offender without depriving him of consciousness of his act BECAUSE if he is not conscious of his act he is exempted from criminal liability as he had no intelligence when he committed the act.
Illness of the offender (of Mitigating Circumstance)
153
Over 60 years old with failing sight is analogous to over 70 years old.
Analogous Circumstances (of Mitigating Circumstance)
154
are those which if attended in the commission of the crime serve to increase the penalty without however exceeding the maximum penalty prescribed by law.
Aggravating circumstances
155
Basis: They are based on the greater perversity of the offender manifested in the commission of the felony as shown by
1) the motivating power itself,
2) the place of commission,
3) the means employed,
4) the time, and
5) the personal circumstances of the offender or of the offended party.
Aggravating circumstances
156
Kinds of Aggravating Circumstances:
1) Generic
2) Specific
3) Qualifying
4) Inherent
157
those that can be applied generally in all crimes
| ex. dwelling in trespass to dwelling or trespassing.
Generic Aggravating Circumstance)
158
those that apply only to particular crimes.
| ex. Ignominy in crimes against chastity; cruelty and treachery in crimes against persons.
Specific Aggravating Circumstance)
159
those that change the nature of the crime
| ex. treachery or evident premeditation qualifies the killing to murder
Qualifying Aggravating Circumstance)
160
those that must of necessity accompany the commission of the crime.
ex. evident premeditation is inherent in the cimes of robbery, theft, estafa, etc.
Inherent Aggravating Circumstance)
161
1) The effect of a generic aggravating circumstance not offset by any mitigating circumstance is to increase the penalty to _______; while that of qualifying circumstances is not only give the crime its proper and exclusive name (like robbery, murder, etc.) but also to place the author of the crime in such a situation as to deserve no other penalty than that specially prescribed by law for the offense.
1. the maximum period not by degree
162
2) A______ cannot be offset by a mitigating circumstance, a generic aggravating circumstance may be offset by a mitigating circumstance.
qualifying circumstance
163
3) A qualifying aggravating circumstance to be such must be alleged in an information. If it is not alleged, it is only a _________________________.
generic aggravating circumstance
164
1. Advantage taken of a public position
2. Contempt or insult to public authorities
3. Disregard of rank, age or sex and dwelling of offended party.
4. Abuse of confidence and obvious ungratefulness
5. Place and other places of commission of offense
6. That the crime is committed in the nighttime facilitating the same to insure safety or prevent discovery; in an uninhabited place meaning a solitary place or no houses at all or houses are scattered at great distance; or by a band meaning committed by more than 3 armed malefactors who acted together.
7 . Crimes committed during calamity or misfortune.
8. Crime committed by the offender with the aid of armed men or persons who insure or afford impunity.
9. The accused is a recidivist
10. Reiteration or habituality
11. That the crime be committed in consideration of a price, reward or promise.
12. That the crime be committed by means of inundation, fire, poison, explosion, stranding of a vessel or intentional damage thereto, derailment of a locomotive or by the use of any other artifice involving great waste and ruin.
13. That the act be committed with evident premeditation
14. That in committing a crime, CRAFT, FRAUD, or DISGUISE be employed.
15. That in committing a crime 1) advantage be taken of superior strength or 2) employed to weaken the defense.
16. That the crime is committed with treachery (alevosia)
17. That the means employed in committing a crime added ignominy to the natural effect of the crime/act.
18. That the crime be committed after an unlawful entry
19. That as a means to the commission of a crime, a wall, roof, floor, door or window be broken.
20. A crime committed 1) with the aid of a minor under 15 or 2) using a motor vehicle, airplane or other similar means in committing and escaping from the scene of the crime.
21. That the crime committed is deliberately augmented by cruelty.
Aggravating Circumstances:
165
This is applicable only when the offender is a public officer, who used his influence, prestige or ascendancy while in office.
Example: A policeman in uniform abducted a woman by telling her to accompany her to her mother but instead brought the woman to an uninhabited place, and there and then raped the woman.
1. Advantage taken of a public position (Aggravating Circumstance)
166
a crime is committed in contempt or with insult to the public authorities.
Example: A and B are quarreling on a street and the municipal mayor upon passing by attempted to separate the two but the two continued fighting each other until one was killed.
Contempt or insult to public authorities (Aggravating Circumstance)
167
Contempt or insult to public authorities
(Aggravating Circumstance)
Note: A public authority is sometimes called a person in authority. This aggravating circumstance is not applicable when the crime is committed in the presence of _______
an agent of a person in authority.
168
Examples:
1) A, a young man killed a 90 year old man
2) Adultery committed in the house and in bedroom of the offended party
3) A big burly man strangled to death a 16 year old woman
3. Disregard of rank, age or sex and dwelling of offended party. (Aggravating Circumstance)
169
Examples:
1) A domestic servant killed a one year old son of his employer
2) A stabbed B to death at the time when B was serving him (A) his dinner.
4. Abuse of confidence and obvious ungratefulness (Aggravating Circumstance)
170
Robbery committed while strong typhoon is actually devastating the place.
7 . Crimes committed during calamity or misfortune.
| Aggravating Circumstance
171
1) That the offender is on trial for an offense
2) That he was previously convicted by final judgment of another crime
3) That both the first and the second 0ffenses are embraced in the same title of the Revised Penal Code.
4) That the offender is convicted of the new offense
9. The accused is a recidivist
| Aggravating Circumstance
172
A was convicted of robbery on December 20, 1990. On June 20, 1997, he was charged of theft.
A is a recidivist because robbery and theft are embraced in the same title of the code.
173
1) That the accused is on trial for an offense
2) That he previously served sentence for another offense in which the law attaches an equal or greater penalty or for two or more crimes to which it attaches lighter penalty than that for the new offense
3) That he is convicted of the new offense
10. Reiteration or habituality (Aggravating Circumstance)
174
a) In _____ it is necessary that the offender shall have served out his sentence for the first offense; whereas in _____, it is enough that a final judgment has been rendered in the first offense.
1. habituality,
| 2. recidivism
175
b) In habituality, the previous and subsequent offenses must not be embraced in ______ of the Revised Penal Code; whereas, in recidivism it is required that the offenses be included in ______ of the Revised Penal Code.
1 and 2. the same title
176
c) Habituality is _____ an aggravating circumstance; whereas, recidivism is always to be taken into consideration in fixing the penalty to be imposed upon the accused.
not always
177
A wanted to eliminate his business rival B, hired C to kill B which C did.
That the crime be committed in consideration of a price, reward or promise. (Aggravating Circumstance)
178
A killed his wife B setting their house on fire, or by putting poison in her food, or by throwing a hand grenade at her.
That the crime be committed by means of inundation, fire, poison, explosion, stranding of a vessel or intentional damage thereto, derailment of a locomotive or by the use of any other artifice involving great waste and ruin. (Aggravating Circumstance)
179
meaning before the crime is committed the offender had a deliberate plan in executing it.
Note: Evident premeditation is very hard to prove.
That the act be committed with evident premeditation (Aggravating Circumstance)
180
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. Note: Premeditation must be evident.
The essence of premeditation
181
1) A man invited his lady friend to go to his house as her mother is waiting for her but in fact her mother was in their place in Ilocos. And while in the house of A, the latter raped the woman.
Craft (Aggravating Circumstance)
182
2) A at the middle of the night pretended to buy cigarettes in the store of B. When B opened his store to A, the latter attacked and killed B.
Fraud (Aggravating Circumstance)
183
3) A covered his face with handkerchief and held up B.
Disguise (Aggravating Circumstance)
184
Examples:
1) A, who is big and strong man killed a child
2) A, with a bolo hacked a woman
(advantage be taken of) superior strength
| Aggravating Circumstance
185
3) A, while fighting B casts sand or dirt upon the latter’s eyes and then killed him
means employed to weaken the defense (Aggravating Circumstance)
186
There is_____ when the offender commits any of the crimes against the person employing means, method or form in the execution thereof which tend directly and specially to insure its execution without risk to himself arising from the defense which the offended party might make.
Note: This is applicable only in crimes against person
treachery (alevosia)
187
Attacking a victim at the back without the latter’s knowing it, or killing a victim who is hogtied, or killing the victim while asleep.
16. That the crime is committed with treachery (alevosia)
| Aggravating Circumstance
188
it is a circumstance pertaining to the moral order which adds disgrace and obloquy to the material injury caused by the crime
IGNOMINY
189
There is _______ when an entrance is effected by a way not intended for the purpose. Note: It must be a means of entrance not for escape.
unlawful entry
190
Examples:
Breaking a wall of the house is crime of robbery
Scaling a house to enter through the window to commit murder.
That as a means to the commission of a crime, a wall, roof, floor, door or window be broken. (Aggravating Circumstance)
191
After hog-tying the victim, the accused extracted the victim’s eyes from the socket with the pointed cane before killing the Victim. Killing a person little by little beginning from cutting the fingers.
That the crime committed is deliberately augmented by cruelty. (Aggravating Circumstance)
192
refers to physical suffering of victim purposely intended by offender. Cruelty must occur before killing the victim.
Cruelty
193
involving moral suffering;
Ignominy
194
refers to physical suffering
Cruelty
195
are those which must be taken into consideration as aggravating or mitigating according to the nature and effect of the crime and other conditions attending its commission.
Basis: The nature and the effect of the crime and other conditions attending its commission.
Alternative circumstances (aggravate/mitigate)
196
The following are Alternative Circumstances:
1. Relationship
2. Intoxication
3. Degree of instruction and education of offender
197
The alternative circumstance of relationship shall be taken into consideration when the offended party is the-
a) spouse
b) ascendant
c) descendant
d) legitimate, natural or adopted brother or sister-
a) spouse-aggravating
b) ascendant-aggravating
c) descendant-mitigating depending upon the crime
d) legitimate, natural or adopted brother or sister-if older may be aggravating, if younger may be mitigating.
198
a) Mitigating-if intoxication is __________ to the plan to commit a crime.
b) Aggravating-if intoxication is __________ to plan to commit a crime or as a way to embolden himself.
1. not habitual or if intoxication is not intentional/subsequent
2. habitual or if it is intentional or subsequent
199
is mitigating in theft of large cattle committed by uncivilized Ilongot
Lack of instruction
| -Alternative circumstances (aggravate/mitigate)
200
Persons Criminally Liable (Art. 16)
| The following persons are criminally liable for grave and less grave felonies:
1) Principal
2) Accomplices
3) Accessories
201
Persons Criminally Liable (Art. 16)
| The following are criminally liable for light felonies:
1) Principal
| 2) Accomplices
202
In all crimes, there are always 2 parties, namely:
the active subject and the passive subject.
The active-criminal,
the passive-offended party.
203
Note: Only _______ can be the active subject since the Revised Penal Code provides that the accused must act with malice or negligence.
natural person
204
A ______ like a corporation cannot act with malice as it has no feeling.
juridical person
205
The following are Considered Principals:
1. Principal by direct participation
2. Principal by induction
3. Principal by indispensable cooperation
206
one who takes a direct part in the execution of the Act. Example: A killed B.
1. Principal by direct participation
207
one who induces another to commit a crime. Example: A hired the services of B in killing C, which E did.
A is a principal by inducement, B principal by direct participation.
208
one who cooperates in the commission of the offense by another act without which it would not have been accomplished. Example: A was spurned or dejected by B, a woman. C, is the landlady of the Boarding House where B lived. C happened to be a relative of A. One day A talked to C, and C gave the duplicate key to A. A with a duplicate key opened the room of B and then and there raped B.
A is principal by direct participation, and C as a principal by indispensable cooperation, as without C giving the duplicate key to A, the crime would not have been committed.
209
are those who not being included as principals either by direct participation, by induction or by indispensable cooperation, cooperate in the execution of the crime by previous (before the offense committed) or by simultaneous means (happening at the same time)
Example: The driver of a taxicab who knowing that his friends were going to stage a holdup, agreed to drive his automobile and brought them to the bank then after staging a successful holdup brought the group back to safe place. The driver cooperated in the execution of the crime.
Accomplices (Art. 18)
210
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 execution of the crime in an efficacious way; and
3. That there be relation between the acts done by the principal and those attributed to the person charged as accomplice. Note: In the crime against person in which the victim died, the wound which did not cause death if victim incurred several wounds committed by two persons, was the wound inflicted by the accomplice provided there was no conspiracy.
Requisites in Determining one as Accomplice:
211
are those who having knowledge of the commission of the crime and without having participated therein either as principal or as an accomplice take part subsequent thereto 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 discovery.
3. By harboring, concealing or assisting in the escape of the principal of the crime, provided the accessory acts with abuse of his public functions or whenever the author of the crime is guilty of treason, parricide, murder or an attempt to take the life of the Chief Executive or is known to be habitually guilty of some other crime.
Accessories (Art. 19)
212
Example: A received watch from his friend B knowing that it was stolen by B and used it. A is an accessory as he profits by the effect of the crime. Watch was an effect of the crime.
1. By profiting themselves or assisting the offender to profit by the effects of the crime.
(Accessories )
213
Example: A buried the corpse of B who was killed by his friend Y. And because of that it took time for the authorities to discover the crime.
A is an accessory as he concealed the effect of the crime.
2. By concealing or destroying the body of the crime or the effects or instruments thereof in order to prevent discovery.
214
Example: Mayor Ruiz of Cabiao, Laguna refused to prosecute B of the crime of homicide and thus made possible for B to escape. The mayor abused his public function.
3. By harboring, concealing or assisting in the escape of the principal of the crime, provided the accessory acts with abuse of his public functions or whenever the author of the crime is guilty of treason, parricide, murder or an attempt to take the life of the Chief Executive or is known to be habitually guilty of some other crime. (Accessories )
215
An accessory is exempted from criminal liability even if he performed the acts mentioned in paragraphs 2 and 3 of Art. 19, when the principal is his:
a) spouse
b) ascendant
c) descendant
d) legitimate, natural or adopted brother or sister or relative by affinity within the same degree.
216
The exemption provided for in this article is based on the ties of blood and preservation of the cleanliness of one’s name which compel one to conceal crimes committed by relatives so near as those mentioned above.
Grounds of Exemption of Accessories
217
is the suffering that is inflicted by the State for the transgression of the law.
Penalty
218
sense signifies pain; considered the juridical sphere, it means suffering undergone because of the action of human society by one who commits a crime.
Penalty in its general
219
1. Must be productive of suffering without however affecting the integrity of the human personality.
2. Must be commensurate with the offense, different crimes must be punished with different penalties.
3. Must be personal, no one should be punished for the crime of another.
4. Must be legal, it is the consequence of a judgment according to law.
5. Must be certain, no one may escape its effect.
6. Must be equal for all
7. Must be correctional
Different Juridical Conditions of Penalty:
220
Theories justifying Penalty:
1. Prevention
2. Self-defense
3. Reformation
4. Exemplarity
5. Justice
221
the State must punish the criminal to prevent or suppress the danger to the State arising from the criminal acts of offender.
1. Prevention
222
the State has a right to punish the criminal as measure of self-defense so as to protect society from the threat and wrong inflicted by the criminals.
2. Self-defense,
223
the object of punishment in criminal cases to correct and reform the offender.
3. Reformation,
224
the criminal is punished to serve as example to deters others from committing crime.
4. Exemplarity,
225
the crime must be punished by the State as an act of retributive justice, a vindication of absolute right and moral violated by the criminal.
5. Justice,
226
Penalty Under this Code has Three Fold Purpose:
1. Retribution or expiation
2. Correction or reformation
3. Social defense
227
the penalty is commensurate with the gravity of the offense.
Retribution or expiation,
228
as shown by the rules which regulate the execution of the penalties consisting in the deprivation of liberty.
Correction or reformation,
229
as shown by the inflexible severity to recidivists and habitual delinquents.
3. Social defense,
230
No felony shall be punishable by any penalty not prescribed by law prior to its commission.
Penalties that may be Imposed (Art. 21)
231
Pardon by the Offended Party (Art. 23)
A pardon by the offended party does not extinguish criminal action except as provided in ______________________when the offended party impliedly or expressly pardon the accused, pardon bars prosecution (not extinguish). In case of pardon in these two cases, criminal prosecution can no longer be instituted.
Art. 344 in the crimes of adultery, concubinage,
232
Classification of Penalties (Art. 23) Principal Penalties:
Capital Punishment
Afflictive Penalties
Correctional penalties
Light Penalties
233
Capital Punishment
Death
234
Afflictive Penalties
Reclusion Perpetua Reclusion Temporal
Perpetual or temporary absolute disqualification
Perpetual or temporary special disqualification
Prision mayor
235
Correctional penalties
prision correccional arresto mayor
Suspension
Destierro
236
Light penalties
Arresto menor
| Public censure
237
Penalties common to the preceding classes:
Fine
| Bond to keep the peace
238
Accessory Penalties:
Perpetual temporary absolute disqualification
Perpetual temporary special disqualification
Suspension from public office, the right to vote and be voted for the profession or calling.
Civil interdiction
Indemnification
Forfeiture or confiscation of instrument and proceeds of the offense
Payment of cost
239
Penalties according to their divisibility:
Divisible
| Indivisible
240
Divisible Penalties
prision mayor
arresto mayor,
reclusion temporal, etc.
241
Indivisible Penalties
death,
| reclusion perpetua
242
```
Classification of penalties according to subject matter:
Corporal
deprivation of freedom
deprivation of rights
pecuniary
```
Corporal-death
deprivation of freedom-reclusion, prision, arresto
deprivation of rights-disqualification, suspension
pecuniary-fine
243
```
Classification of penalties according to subject matter:
Corporal
deprivation of freedom
deprivation of rights
pecuniary
```
Corporal-death
deprivation of freedom-reclusion, prision, arresto
deprivation of rights-disqualification, suspension
pecuniary-fine
244
```
Classification of penalties according to their gravity:
Capital
Afflictive
Correctional
Light
```
Capital-death
Afflictive-reclusion perpetua, reclusion temporal, etc.
Correctional-prision correccional, arresto mayor, etc.
Light-arresto menor, public censure
245
Fine: When afflictive, Correctional or Light;
Afflictive
Correctional
Light
Afflictive-If fine exceeds P 6,000.00
Correctional-If fine does not exceed P 6,000.00 but is not less than P 200.00
Light-If fine is less than P 200.00
246
Duration of Penalties:
| Perpetual penalties,
convict is pardoned after undergoing the penalty for 30 years, except when he is not worthy of pardon by reason of his conduct or some other serious cause.
247
Duration of Penalties:
| Reclusion Perpetua,
20 years and 1 day to 40 years.
248
Duration of Penalties:
Prision mayor and temporary disqualification, ______________________except when disqualification is accessory penalty in which cases its duration is that of the principal penalty.
6 years and one day to 12 years
249
Duration of Penalties:
Prision correccional, suspension and destierro,
_______________, except when suspension is an accessory penalty in which cases its duration is that of the principal penalty.
6 months and one day to 6 years
250
Duration of Penalties:
| Arresto mayor,
1 month and 1 day to 6 months
251
Duration of Penalties:
| Arresto menor,
1 day to 30 days
252
Duration of Penalties:
| Bond to keep peace, the period during which the bond shall be effective is______
discretionary to the court.
253
Offenders who have undergone preventive imprisonment shall be credited in the service of their sentence consisting of deprivation of liberty with the full time during which they have undergone preventive imprisonment, if the detention prisoner agrees voluntarily in writing to abide by the same disciplinary rules imposed upon convicted prisoners except in the following cases:
1. When they are recidivists or have been convicted twice or more times of any crime; and
2. When upon being summoned for the execution of their sentence they have failed to surrender voluntarily.
Note: If the detention prisoner does not agree to abide by the same disciplinary rules imposed upon convicted prisoners, he shall be credited in the service of his sentence with 4/5 of time during which he has undergone preventive imprisonment.
Preventive Imprisonment (Art. 29)
254
Only the President can grant ____ to convicted offender
Pardon (Art. 36)
255
Pardon may be
a) Absolute
| b) Conditional
256
which carry with it restoration of all political rights of the pardonee if expressly restored by the terms of the pardon, and extinguishment of criminal liability.
a) Absolute Pardon
257
Which has conditions for the pardonee to comply.
b) Conditional Pardon
258
Effect of Pardon:
A pardon does NOT restore the right to hold public office or the right of suffrage, EXCEPT when the pardon is ______ and it is expressly so restored.
A pardon does not exempt the pardonee from payment of ___
absolute
| civil liabilities.
259
Limitations of Pardon:
| That it can only be granted after conviction that it cannot be granted in case of ______
impeachment
260
is one which is personal liability of the convict who has no property with which to meet the fine, at the rate of P 8.00 per day.
Subsidiary penalty
261
at least two crimes must be committed and is punished as only one crime although two or more crimes are actually committed.
Penalty for Complex Crime (Art. 48)
262
TWO kinds of Complex Crimes;
compound crime
| complex crime proper.
263
1. When single act constitutes two or more grave or less grave felonies.
compound crime
264
2. When an offense is an accessory means for committing the other.
complex crime proper.
265
Placing a time bomb in a plane which caused it to explode in mid-air killing 13 persons constitutes a complex crime of multiple murder and destruction of property.
Compound Crime
266
Falsification of public document by the town treasurer and spending for his own benefit the money of the government. The falsification is a necessary means to malverse the money of the government.
Complex crime proper
267
Note: In ____, the penalty of the graver offense shall be imposed in its maximum period.
complex crime
268
consists in the successive execution by the same individual or different criminal acts upon which no conviction has yet been declared.
Plurality of Crimes:
269
Kinds of Plurality of Crimes:
Formal or ideal plurality
| Real or material plurality
270
two or more crimes actually committed but there is only one penalty, that is the penalty of the graver offense in the maximum period.
Formal or ideal plurality (complex crime)
271
there are different crimes committed. The offender shall be punished for each and every offense that he committed.
Real or material plurality
272
A stabbed B then seeing C, stabbed C then stabbed D. In this case, A shall responsible for the death of B, C, and D separately. This is not complex crime as stabbing B is not necessary to stab C and so on.
Real or material plurality
273
is a single crime consisting of series of acts but all arising from one criminal resolution, committed in one place and about the same time.
A continuous or continued crime
274
is a continuous unlawful act or series of acts on the foot by a single impulse and Operated by an unintermittent force however long a time it may occupy.
A continuing offense or delito continuido
275
Although there is a series of acts, there is only one crime committed, hence, _____ is imposed.
one criminal penalty
276
A thief who takes from the yard of a house two cocks belonging to two different persons commits only one crime for the reason that there is a unity of thought in the criminal purpose of the offender.
Continued Crimes:
277
1. If the penalty for the felony committed be higher than the penalty for the offense which the accused intended to commit, the lower penalty shall be imposed in its maximum period.
2. If the penalty for the felony committed be lower than the penalty for the offense which the accused intended to commit, the lower penalty shall be imposed in the maximum period.
3. If the act committed also constitutes an attempt or frustration of another crime, and the law prescribes a higher penalty for either of the latter, the penalty for the attempted or frustrated crime shall be imposed in its maximum period.
Penalty for Crime not intended resulting from mistake in identity (Art. 49) In reference to Art. 4:
278
Penalty for Impossible Crime (Art. 59):
| The penalty for impossible crime is “______” or a fine ranging from _____.
arresto mayor
| P 200.00 to P 500.00
279
Bases for the imposition of penalty:
a) social danger; and b) degree of criminality shown by the offender.
280
The Divisible Penalties
| Divided into 3 periods:
a) minimum period
b) medium period
c) maximum period
281
Prision Mayor divisible penalties
Prision mayor (6 years and 1 day to 12 years)
Minimum (6 years and 1 day to 8 years)
Medium (8 years and 1 day to 10 years)
Maximum (10 years and 1 day to 12 years)
282
A person is a _____ if within a period of 10 years from the date of his release or last conviction of the crime of
1) serious or less serious physical injuries,
2) robbery,
3) theft,
4) estafa, or
5) falsification, he is found guilty of any of said crimes a third time or oftener.
habitual delinquent
283
Penalty to imposed Upon a Person Under 18 years of age:
1) Over 9 but under 15 who acted with discernment ______
2) Over 15 but under 18 penalty ____ than prescribed by law for the offense committed.
1. lower at least by two degrees
| 2. next lower in degree
284
provides an imposition of a sentence for an offense punishable by the Revised Penal Code or its amendments, the court shall sentence the accused to an indeterminate sentence, the maximum term which shall be that which, in view of the attending circumstances, could be properly imposed under the rules of the Penal Code, and the maximum shall be within the range of the penalty next lower to that prescribed by the code for the offense. (See Sec. 1 Act 4303, as amended). Thus, it was held that under the Indeterminate Sentence Law, if the offense is punishable under the Revised Penal Code, the minimum penalty should be Within any of the periods of the penalty next lower in degree to that prescribed by law, and the maximum thereof should be Within the proper period of the penalty that may be imposed where the sentence is a straight penalty. (People vs. Ducosin, 59 Phil. 109)
Indeterminate Sentence Law Act. No. 4103, as amended by Act No. 4225 and RA. 4203)
285
If the offense is punishable by special law, the court shall sentence the accused to an_______, the maximum term of which shall not exceed the maximum fixed by said law and the minimum shall not be less than the minimum term prescribed by the same. Thus, if the penalty prescribed by law is one year to five years, the court may impose the penalty of one year to two years, or one year to four years.
indeterminate sentence
286
1) Those convicted with penalty punished with death or life imprisonment;
2) Those convicted of treason, rebellion, sedition or espionage;
3) Those convicted of treason, conspiracy or proposal to commit treason;
4) Those convicted of piracy;
5) Those who are habitual delinquents;
6) Those who have escaped from confinement or evaded;
7) Those who having been granted conditional pardon by the Chief Executive shall have violated the terms thereof;
8) Those whose maximum term of imprisonment does not exceed one year;
9) Those already sentenced by final judgment at the time of the approval of the Indeterminate Sentence Law; and
10) Where the penalty imposed is suspension or destierro as these do not involve any imprisonment.
Convicts not entitled to Indeterminate Sentence:
287
Said Act provides for indeterminate sentence and parole for all persons convicted of certain crimes by the court, and to create a Board of Indeterminate Sentence. The court shall, instead of a single penalty, determine two penalties referred to in Indeterminate Sentence Act as the maximum and minimum. The Act tends to favor the convicted person.
Indeterminate Sentence Law (Act. No. 4103) (as amended by Act. No. 4225)
288
A is a convicted felon, his penalty is from one year and 1 day to 5 years.
The court can impose the penalty from 2 years and 1 day as minimum to 3 years as an indeterminate sentence. Or from 1 year and 1 day to 4 years. Or 3 years and 1 day to 5 years.
Note: The maximum of the sentence should not exceed the 5 year period and the minimum term should not be less than 1 year.
289
Total Extinction of Criminal Liability:
1. By death of the convict, as to personal penalty; as to civil liability it is extinguished only if the death occurs before the final judgment.
2. By service of sentence
3. By amnesty
4. By absolute pardon
5. By prescription of crime
6. By prescription of penalty
7. By marriage of the offended woman with the accused as provided under Art. 344 Amnesty is an act of the sovereign granting oblivion or a general pardon for a past offense and is rarely, if ever, exercised in favor of a single individual and is usually exerted in behalf of certain classes of persons who are subject to trial but have not yet been convicted.
290
is an act of the sovereign granting oblivion or a general pardon for a past offense and is rarely, if ever, exercised in favor of a single individual and is usually exerted in behalf of certain classes of persons who are subject to trial but have not yet been convicted.
Amnesty
291
is an act of grace proceeding from the power entrusted with the execution of the laws which exempted the individual on whom it is bestowed from punishment the law inflicts for the crime he has committed.
Pardon
292
Kinds of Pardon:
a) absolute pardon
| b) conditional pardon
293
The State loses the right to prosecute the crime or to demand the service of penalty imposed as the right has been lost by lapse of time.
By prescription of crime and penalty:
294
Prescription of Crimes (Art. 90):
| Punishable by death, reclusion perpetua, reclusion temporal, prescribe in ____
20 years
295
Punishable by afflictive penalties, prescribe in ________
15 years
296
Punishable by correctional penalties, prescribe in _____ Except arresto mayor presctibes in ______
10 years...5 years
297
Light penalties and Libel and other similar offenses, prescribe in _____
1 year
298
Oral defamation and slander by deed, prescribe in _____
6 months
299
Light Offenses prescribe in ____
2 months
300
prescription of crime: Note: When the penalty prescribed by law is a compound one, the _____penalty shall be made the basis of the application of the rules above.
highest
301
Computation of Prescription of Crimes (Art. 91)
1. The period of prescription commences to run from the day on which the crime is discovered by the offended party, the authorities or their agents.
2. It is interrupted by the filing of the complaint or information.
3. It commences to run again when such proceedings terminated without the accused being convicted or acquitted or are unjustifiably stopped for any reason not imputable to him.
4. The term of prescription shall not run when the offender is absent from the Philippines.
1. The period of prescription of penalties commences to run from the date the culprit evaded the service of his sentence.
2. It is interrupted if the convict:
a) gives himself up
b) be captured
c) goes to a foreign country which we have no extradition treaty
d) commits another crime before the expiration of the prescriptive period
3. The period of prescription of penalties shall commence to run again when the convict escapes again after having been captured and returned to prison.
302
Partial Extinction of Criminal Liability (Art. 94)
1. Conditional Pardon
2. Commutation of Sentence
3. Good Conduct Allowance Earned While serving Sentence
4. Parole
5. Probation
303
is considered a contract between the President and the convict and that the President will release the convict, who in return will follow or comply with the condition. One of the conditions is that, the convict will not violate again the law of the country.
Conditional Pardon
304
It is the reduction of the penalty imposed by the President. Death to Life Imprisonment
Commutation of Effected Sentence:
305
It is the deduction from the duration of the sentence because of convict’s good behavior (Art. 97)
Good Conduct Allowance
306
Good Conduct Allowance is different from that provided under _____ which is an extraordinary reduction of full time or four-fifths of the preventive imprisonment from the term of the sentence.
Art. 29
307
A prisoner is also entitled to special time allowance for loyalty (Art. 98) A reduction of _____ of the period of the sentence is granted to loyal prisoner who returned voluntarily after having left the place of confinement under Art. 158, RPC.
1/5
308
Note: Parole should also be included in the partial extinction of criminal liability. A parole is granted after the prisoner served the minimum period of his _______. It is granted by the President upon the recommendation by Board of Pardon and Parole.
indeterminate sentence
309
Allowance for Good Conduct:
1. During the 1 to 2 years of imprisonment-5 days each month of good behavior
2. During 3 to 5 years, 8 days each month
3. Following years until 10 years, 10 days each month
4. 11 years and so on, 15 days each month
310
Note: Good Conduct Allowance is not an automatic right. It is granted by the ________. Once granted, it cannot be revoked or recalled.
Director of Prisons
311
A deduction of 1/5 of the period of his sentence under the circumstances mentioned in Art. 158, after the convict gives himself up to the authorities within 48 hours following the passing away of the calamity or catastrophe referred to in Art. 158.
Special Time Allowance for loyalty (Art. 98):
