General Principles

Question 1

Territoriality

Answer 1

This principle means, that as a rule, penal laws of the Philippines are enforceable only within its territory. (Article 2, Act No. 3815, Revised Penal Code)

Question 2

Art. 14 -Aggravating Circumstances

Answer 2

1. That advantage be taken by the offender of his public position.
2. That the crime be committed in contempt or with insult to the public authorities.
3. That the act be committed with insult or in disregard of the respect due the offended party on account of his rank, age, or sex, or that is be committed in the dwelling of the offended party, if the latter has not given provocation.
4. That the act be committed with abuse of confidence or obvious ungratefulness.
5. That the crime be committed in the palace of the Chief Executive or in his presence, or where public authorities are engaged in the discharge of their duties, or in a place dedicated to religious worship.

Question 3

Recidivist

Answer 3

A recidivist is 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 this Code.

Question 4

Art. 14 -Aggravating Circumstances…(6-10)

Answer 4

6. That the crime be committed in the night time, or in an uninhabited place, or by a band, whenever such circumstances may facilitate the commission of the offense.

Whenever more than three armed malefactors shall have acted together in the commission of an offense, it shall be deemed to have been committed by a band.

7. That the crime be committed on the occasion of a conflagration, shipwreck, earthquake, epidemic or other calamity or misfortune.
8. That the crime be committed with the aid of armed men or persons who insure or afford impunity.
9. That the accused is a recidivist.

A recidivist is 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 this Code.

10. That the offender has been previously punished by an offense to which the law attaches an equal or greater penalty or for two or more crimes to which it attaches a lighter penalty.

Question 5

Art. 14 -Aggravating Circumstances…(11-16)

Answer 5

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 international 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 craft, fraud or disguise be employed.
15. That advantage be taken of superior strength, or means be employed to weaken the defense.
16. That the act be committed with treachery (alevosia).

There is treachery when the offender commits any of the crimes against the person, employing means, methods, or forms 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.

Question 6

Art. 14 -Aggravating Circumstances (17-21)

Answer 6

17. That means be employed or circumstances brought about which add ignominy to the natural effects of the act.
18. That the crime be committed after an unlawful entry. There is an unlawful entry when an entrance is effected by a way not intended for the purpose.
19. That as a means to the commission of a crime a wall, roof, floor, door, or window be broken.
20. That the crime be committed with the aid of persons under fifteen years of age or by means of motor vehicles, airships, or other similar means.
21. That the Wrong done in the commission of the crime be deliberately augmented by causing other wrong not necessary for its commission.

Question 7

R.A 7610 and RPC

Answer 7

An offender, who maltreated a child, shall be prosecuted for the graver crime of child abuse and not for both crimes of physical injuries and child abuse

Question 8

Terrorism

Answer 8

If murder. rebellion or other predicate crime creates a condition of widespread and extraordinary fear and panic among populace in order to coerce the government to give in to an unlawful demand (Sec. 3 of R.A No. 9372)

Question 9

Art. 11 (1) Self-defense

Answer 9

1. unlawful aggression
2. reasonable necessity of the means employed to prevent or repel it; and
3. lack of sufficient provocation on the part of the person defending him self

Question 10

Art. 11(2) Defense of Relatives

Answer 10

1. unlawful aggression against a relative;
2. reasonable necessity of the means to prevent or repel it; and
3. lack of participation in relative’s provocation

Question 11

Article 11(3) Defense of Strangers

Answer 11

1. unlawful aggression against a stranger;
2. reasonable necessity of the means to prevent or repel it; and
3. the person defending be not induced by revenge, resentment or other evil motive

Question 12

Battered woman syndrome

Answer 12

1. that the battering man, with whom the battered woman has a marital, sexual or dating relationship, inflicted physical harm upin her;
2. that the infliction of physical harm must be cumulative; and
3. the cumulative abuse results to ohysical and psychological or emotional distress to the woman

Question 13

State of Necessity

Answer 13

1. that the evil sought to be avoided actually exists;
2. that the injury feared be greater than tha to avoid it;and
3. that there be no other practical and less harmful means of preventing it

Question 14

Performance of duty

Answer 14

1. the accused must have acted in the performance of a duty or in the lawful exercise of a right or office; and
2. the injury caused or the offense committed should have been the necessary consequence of due performance of duty or lawful exercise of right or office

Question 15

Obedience to a lawful order

Answer 15

1. order has been issued by a superior
2. such order must be for some lawful purpose; and
3. means used by subordinate to carry out such order is lawful

Question 16

Art. 12. Exempting Circumstances - ACCIDENT

Answer 16

1. a person is performing a lawful act;
2. with due care;
3. he causes an injury to another by mere accident; and
4. without fault or intention of causing it

Question 17

Exempting Circumstance - Irresistible fear

Answer 17

1. somebody used force compelling the accused to commit crime; and
2. the force must be irresistible

Question 18

Exempting circumstance - Uncontrollable fear

Answer 18

1. existence of an uncontrollable fear of an injury;
2. the fear of an injury must be real and imminent; and
3. the fear of an injury is greater than or at least equal to that committed

Question 19

R.A. 9344 - Child in Conflict with the law

Answer 19

Refers to a child who is alleged as, accused of, or adjudged as, having committed an offense under Philippine laws

Child at risk - violates status offenses (no penalty)

Question 20

Age of Criminal Irresponsibility

Answer 20

• 15 years or under at the time of the commission of the offense shall be exempt from criminal responsibility.
• subjected to an intervention program

Question 21

(age of irresponsibility) above 15 -18 years

Answer 21

exempt from criminal liability and be subjected to an intervention program, unless he/she has acted with discernment, in which case, such child shall be subjected to the appropriate proceedings.

Question 22

Article 13. Mitigating circumstances

Answer 22

1. Those mentioned in the preceding chapter, when all the requisites necessary to justify or to exempt from criminal liability in the respective cases are not attendant.
2. That the offender is under eighteen year of age or over seventy years. In the case of the minor, he shall be proceeded against in accordance with the provisions of Art. 80.
3. That the offender had no intention to commit so grave a wrong as that committed.
4. That sufficient provocation or threat on the part of the offended party immediately preceded the act.
5. That the act was committed in the immediate vindication of a grave offense to the one committing the felony (delito), his spouse, ascendants, or relatives by affinity within the same degrees.

Question 23

Mitigating circumstances

Answer 23

6. That of having acted upon an impulse so powerful as naturally to have produced passion or obfuscation.
7. That the offender had voluntarily surrendered himself to a person in authority or his agents, or that he had voluntarily confessed his guilt before the court prior to the presentation of the evidence for the prosecution;
8. That the offender is deaf and dumb, blind or otherwise suffering some physical defect which thus restricts his means of action, defense, or communications with his fellow beings.
9. Such illness of the offender as would diminish the exercise of the will-power of the offender without however depriving him of the consciousness of his acts.

Question 24

Pardon - limitations

Answer 24

1. pardon must be made after conviction of the accused by final judgment;
2. impeachable offense cannot be pardoned; and
3. election offenses without favorable recommendation of the COMELEC cannot be pardoned

Question 25

Treachery - child victim

Answer 25

• Killing of a child of tender age, defenseless and unprotected, must always be classified as murder qualified by the circumstance of treachery (US v Antonio)
• When an adult person illegally attacks a child, treachery exists

Question 26

Treachery (continued)

Answer 26

May be appreciated even if the attack is frontal or face-to-face where the same is SUDDEN, UNEXPECTED and WITHOUT warning to the victim