1. Philippine vessel or airship – Philippine law shall apply to offenses committed in vessels registered with the (blank). It is the registration, not the (blank) of the owner which matters.

1. Philippine Bureau of Customs 2. Citizenship

Revised Penal Code Flashcards by Lauren Ise

A branch of municipal law which defines crimes, treats of their nature and provides for their punishment.

CRIMINAL LAW

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RPC took effect on (blank)

February 1, 1932

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Exemption of Characteristics of Criminal Law in the General which is binding on all persons who reside
or sojourn in the Philippines

Exceptions:

a. Treaty Stipulation
b. Laws of Preferential Application
c. Principles of Public International Law

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The Principles of Public International Law claim the privileges and
immunities accorded to sovereigns and other chiefs of state, Ambassadors, ministers plenipotentiary, minister resident and charges d’affaires. Except (blank)

consuls, vice-consuls and other

foreign commercial representatives

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Exemptions of the Characteristic of Criminal law in the Territorial – penal laws of the Philippines are
enforceable only within its territory

Exceptions: (Art. 2 of RPC – binding  
even on crimes committed outside the  
Philippines)  
a. offense committed while on a  
Philippine ship or airship  
b. forging or counterfeiting any coin or  
currency note of the Philippines or  
obligations and the securities issued  
by the Government  
c. introduction into the country of the  
above-mentioned obligations and  
securities  
d. while being public officers and  
employees, an offense committed in  
the exercise of their functions  
e. crimes against national security and  
the law of the nations defined in title One of Book Two.

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Characteristics of Criminal Law wherein the law does not have any retroactive effect.

Prospective

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Exception of prospective characteristic of criminal law

when the law is favorable to the accused

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Exceptions to the Exception of prospective characteristics of criminal law

a. The new law is expressly made
inapplicable to pending actions
or existing causes of action
b. Offender is a habitual criminal

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Theories of Criminal Law

Classical theory
Positivist theory
Mixed theory

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Basis is man’s free will to choose between good and evil, that is why
more stress is placed upon the result of the felonious act than upon the criminal himself. The purpose of penalty is retribution. The
RPC is generally governed by this theory.

Classical Theory

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Basis is the sum of social and economic phenomena which conditions man to do wrong in spite of or contrary to his volition. This is exemplified in the provisions on impossible crimes and habitual delinquency.

Positivist Theory

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Combination of the classical and positivist theories wherein crimes that are economic and social in nature should be dealt in a positive manner. The law is thus more compassionate

Mixed Theory

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Liberally construed in favor of offender
Ex:
a. the offender must clearly fall within
the terms of the law
b. an act is criminal only when made so
by the statute
In cases of conflict with official translation,
original Spanish text is controlling,
No interpretation by analogy.

Construction of Penal Laws

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ex post facto law
bill of attainder
law that violates the equal protection clause of the constitution
law which imposes cruel and unusual punishments nor excessive fines

LIMITATIONS ON POWER OF CONGRESS TO

ENACT PENAL LAWS

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Philippine vessel or airship – Philippine law shall apply to offenses committed in vessels registered with the (blank). It is the registration, not the (blank) of the owner which matters.

Philippine Bureau of Customs

2. Citizenship

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Foreign vessel
General Rule: Crimes committed aboard a foreign vessel within the territorial waters of a country are NOT triable in the courts of such country.
Exception: commission affects the
peace and security of the territory, or
the safety of the state is endangered.
Ex. Crimes committed aboard a foreign vessel within the Philippine territorial waters are not triable in the courts of Philippines. Except when commission affects the peace and security of the Philippines is endangered.

a. French Rule

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General Rule: Crimes committed aboard  a foreign vessel within the territorial waters of a country are triable in the courts of such country.  
Exception: When the crime merely  
affects things within the vessel or it  
refers to the internal management  
thereof.

*This is applicable in the Philippines.

Example: Crimes committed aboard  a foreign vessel within the territorial waters of the Philippines are triable in the courts of such country.
Exception: When the crime merely  
affects things within the vessel or it  
refers to the internal management  
thereof.

b. English Rule

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Acts and omissions punishable by the

Revised Penal Code.

Felonies

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Acts and omissions punishable by any law.

Crime

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An overt or external act

Act

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Failure to perform a duty required by law.

Omission

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there must be an act or omission
this must be punishable by the RPC
act or omission was done by means of dolo or culpa

Elements of felonies

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There is no crime when there is no law punishing it.

NULLUM CRIMEN, NULLA POENA SINE LEGE

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Classification Of Felonies According To The Means By Which They Are Committed.

Intentional felonies

2. Culpable felonies

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Classification of felonies which means of deceit (dolo).

Intentional Felonies

Requisites of intentional felonies

Requisites: a. freedom b. intelligence c. intent.

Misapprehension of fact on the part of the person who caused injury to another. He is not criminally liable. Requisites: a. the act done would have been lawful had the facts been as the accused believed them to be intention is lawful b. mistake must be without fault or carelessness by the accused. It refers to the situation itself not the identity of the persons involved. Ex. Nasa disco si Zander Tapos may magpakilala sa kanya na babae then coherent (nagkakaunawasan) cla sa isat isa. Nararamdaman ni Zander na gusto sya ng babae Kaya niyaya Nya sa private place. Kinasuhan si Zander ofter 2 weeks ng rape with demented. (ra 8553)... What is his defense?

Mistake of fact | Carnal relation with someone is not a crime per se

Classification of felonies by means of fault.

Culpable Felonies (culpa)

a. freedom b. intelligence c. negligence (lack of foresight) and imprudence (lack of skills)

Requisites of Culpable Felonies

Felonies which are wrong from their nature. Penalized by RPC and stages of execution: consummated, frustrated and attempted is considered Give examples

``` Mala in se Examples: Homicide Murder Rape ```

Felonies which are wrong because they are prohibited by special laws. stages of execution: are not considered Give examples

``` Mala prohibita Ra 8294 (illegal possession of firearms) Vio of BP22 (the anti bouncing check) Vio of PD 1828 (obstruction of justice) Ra 9165 (the comprehensive dangerous drug act of 2002) ```

Is the reason why a person commits an act. It impels him to commit an act for a definite result. It is not an element of a crime.

Motive

.....

Intent

Par.1 Criminal liability for a felony committed different from that intended to be committed. Requisites: 1. felony has been committed intentionally 2. injury or damage done to the other party is the direct, natural and logical consequence of the felony Hence, since he is still motivated by criminal intent, the offender is criminally liable in:

1. Error in personae – mistake in identity 2. Abberatio ictus – mistake in blow 3. Praetor intentionem – lack of intent to commit so grave a wrong

the cause, which in the natural and continuous sequence unbroken by any efficient intervening cause, produces the injury, without which the result would not have occurred

PROXIMATE CAUSE

Requisites: 1. Act would have been an offense against persons or property. 2. There was criminal intent. 3. Accomplishment is inherently impossible; or inadequate or ineffectual means are employed. 4. Act is not an actual violation of another provision of the Code or of special law

Impossible crimes

Paragraph 2 does not apply to crimes punishable by special law, including profiteering, and illegal possession of firearms or drugs. There can be no executive clemency for these crimes

Art. 5: Duty of the court in connection with acts which should be repressed but which are not covered by the law, and in cases of excessive penalties

Stages of execution of felonies

Consummated Frustrated Attempted

– when all the elements necessary for its execution and accomplishment are present

CONSUMMATED

Elements: a. offender performs all acts of execution b. all these acts would produce the felony as a consequence c. BUT the felony is NOT produced d. by reason of causes independent of the will of the perpetrator

FRUSTRATED

Elements: a. offender commences the felony directly by overt acts b. does not perform all acts which would produce the felony c. his acts are not stopped by his own spontaneous desistance

ATTEMPTED

``` 1. Offenses punishable by Special Penal Laws, unless the law provides otherwise 2. Formal crimes – consummated in one instance (Ex: slander, adultery, etc.) 3. Impossible Crimes 4. Crimes consummated by mere attempt (Ex: attempt to flee to an enemy country, treason, corruption of minors) 5. Felonies by omission 6. Crimes committed by mere agreement (Ex: betting in sports: “ending,” corruption of public officers ```

Crimes, which do not admit of Frustrated and | Attempted Stages:

Crimes which do not admit of Frustrated Stage:

1. Rape 2. Bribery 3. Corruption of Public Officers 4. Adultery 5. Physical Injury

2 stages in the development of a crime

Internal and external acts

- e.g. mere ideas of the mind | - not punishable

Internal acts

External acts

Preparatory acts and acts of execution

``` ordinarily not punishable except when considered by law as independent crimes (e.g. Art. 304, Possession of picklocks and similar tools ```

Preparatory acts

punishable under the RPC

Acts of Execution

General Rule: Punishable only when they have been consummated Exception: Even if not consummated, if committed against persons or property Note: Only principals and accomplices are liable; accessories are NOT liable even if committed against persons or property

Ex: slight physical injuries, theft, alteration of | boundary marks, malicious mischief, and intriguing against honor.

Requisites: 1. Two or more persons come to an agreement 2. For the commission of a felony 3. And they decide to commit it

Conspiracy

Conspiracy As a crime in itself

Ex: conspiracy to commit rebellion, | insurrection, treason, sedition, coup d’ etat

``` Requisites: a. a prior and express agreement b. participants acted in concert or simultaneously, which is indicative of a meeting of the minds towards a common criminal objective ```

Concepts of Conspiracy :Merely as a means to commit a crime. Note: Conspiracy to commit a felony is different from conspiracy as a manner of incurring criminal liability.

General Rule: Conspiracy to commit a felony is not punishable since it is merely a preparatory act. Exception: when the law specifically provides for a penalty.

penalty Ex: rebellion, insurrection, sedition, coup d’ etat

General Rule: The act of one is the act of all. Exception: Unless one or some of the conspirators committed some other crime which is not part of the intended crime. Exemption to exemption?

Conspiracy Exception to the exception: When the act constitutes an indivisible offense.

``` 1. Active participation in the actual commission of the crime itself, or 2. Moral assistance to his co-conspirators by being present at the time of the commission of the crime, or 3. Exerting a moral ascendance over the other co-conspirators by moving them to execute or implement the criminal plan ```

OVERT ACTS IN CONSPIRACY MUST | CONSIST OF:

Requisites: 1. A person has decided to commit a felony 2. And proposes its execution to some other person or persons

PROPOSAL TO COMMIT A FELONY

Proposal to commit: treason, | rebellion, coup d’ etat. except...

*no proposal to commit sedition

Agreement to commit AND commission

Conspiracy

person decides tocommit a crime AND proposes the | same to another

Proposal

Classification of Felonies

GRAVE FELONIES, LESS GRAVE FELONIES AND LIGHT FELONIES

Penalties (imprisonment) | afflictive penalties: 6 yrs. and 1 day to reclusion perpetua (life)

Grave felonies

Penalties (imprisonment) | correctional penalties: 1 month and 1 day to 6 years

Less grave felonies

``` Penalties (imprisonment) arresto menor (1 day to 30 days) ```

Light felonies

prescription of afflictive penalties:

6 yrs. and 1 day to reclusion perpetua (life)

prescription of correctional penalties:

1 month and 1 day to 6 years

prescription of arresto menor

(1 day to 30 days)

Terms- imprisonment. General Rule: Not punishable by Attempted or Frustrated Stages. Exception: Unless otherwise stated. No Plea of guilty as mitigating circumstance. Minimum, medium and maximum periods - Not applicable Penalty for accessory or accomplice General Rule: None Exception: Unless otherwise stated.

Special Laws

• Art. 16 Participation of Accomplices • Art. 22 Retroactivity of Penal laws if favorable to the accused • Art. 45 Confiscation of instruments used in the crime

Provisions of RPC applicable to special laws:

Note: When the special law adopts the penalties imposed in the RPC i.e. penalties as reclusion perpetua, prision correccional, etc. the provisions of the RPC on imposition of penalties based on stages of execution, degree of participation and attendance of mitigating and aggravating circumstance may be applied by necessary (blank).

implication

where the act of a person is in accordance with law such that said person is deemed not to have violated the law.

JUSTIFYING CIRCUMSTANCES

JUSTIFYING CIRCUMSTANCES General Rule: No criminal and civil liability incurred. Exception: There is civil liability with respect to Par. 4 (blank) where the liability is borne by persons benefited by the act.

State of Necessity (Avoidance of Greater Evil or Injury)

six JUSTIFYING CIRCUMSTANCES

``` Par. 1 Self-defense Par. 2 Defense of Relative Par. 3 Defense of Stranger Par. 4 State of Necessity (Avoidance of Greater Evil or Injury) Par. 5 Fulfillment of Duty or Lawful Exercise of a Right or Office Par. 6 Obedience to a Superior Order ```

``` Elements: 1. Unlawful Aggression 2. Reasonable necessity of the means employed to prevent or repel it – 3. Lack of sufficient provocation on the part of the person defending himself ```

Self defense

``` indispensable requirement There must be actual physical assault or aggression or an immediate and imminent threat, which must be offensive and positively strong. The defense must have been made during the existence of aggression, otherwise, it is no longer justifying. While generally an agreement to fight does not constitute unlawful aggression, violation of the terms of the agreement to fight is considered an exception. ```

Unlawful Aggression

Test of reasonableness depends on: (1) weapon used by aggressor (2) physical condition, character, size and other circumstances of aggressor (3) physical condition, character, size and circumstances of person defending himself (4) place and occasion of assault

Reasonable necessity of the means | employed to prevent or repel it –

NOTE: Perfect equality between the weapons used, nor material commensurability between the means of attack and defense by the one defending himself and that of the aggressor is not required

Lack of sufficient provocation on the part of the person defending himself. REASON: the person assaulted does not have sufficient opportunity or time to think and calculate.

1. defense of person 2. defense of rights protected by law 3. defense of property (only if there is also an actual and imminent danger on the person of the one defending) 4. defense of chastity

Rights included in self-defense:

Kinds of Self-Defense:

1. self-defense of chastity 2. defense of property 3. self-defense in libel

self defense where there must be an attempt to rape the victim

self-defense of chastity

self defense where there must be coupled with an attack on the person of the owner, or on one entrusted with the care of such property.

defense of property

self defense is justified when the libel is aimed at a person’s good name.

self-defense in libel

Attack on property alone was deemed sufficient to comply with element of (blank)

unlawful aggression

the law does not require a person to retreat when his assailant is rapidly advancing upon him with a deadly weapon.

“Stand ground when in the right”

NOTE: Under Republic Act 9262 (Anti-Violence Against Women and Their Children Act of 2004), victim-survivors who are found by the Courts to be suffering from Battered Woman Syndrome (BWS) do not incur any criminal or civil liability despite absence of the necessary elements for the (blank) in the RPC.

justifying circumstance of self-defense

(blank) is a scientifically defined pattern of psychological and behavioral symptoms found in women living in battering relationships as a result of cumulative abuse.

Battered Woman Syndrome (BWS)

A justifying circumstance Elements: 1. unlawful aggression (indispensable requirement) 2. reasonable necessity of the means employed to prevent or repel it 3. In case the provocation was given by the person attacked, the one making the defense had no part in such provocation.

Par. 2 Defense of Relative

1. spouse 2. ascendants 3. descendants 4. legitimate, natural or adopted brothers and sisters, or relatives by affinity in the same degrees 5. relatives by consanguinity within the 4th civil degree

Relative entitled to the defense of Relative | 4th civil degree (1st cousin and their spouses)

NOTE: The relative defended may be the original aggressor. All that is required to justify the act of the relative defending is that he takes no part in such (blank)

provocation

Elements: 1. unlawful aggression (indispensable requirement) 2. reasonable necessity of the means employed to prevent or repel it 3. person defending be not induced by revenge, resentment or other evil motive

Par. 3 Defense of Stranger

Elements: 1. evil sought to be avoided actually exists 2. injury feared be greater than that done to avoid it 3. no other practical and less harmful means of preventing it NOTE: The necessity must not be due to the negligence or violation of any law by the actor.

Par. 4 State of Necessity (Avoidance of Greater | Evil or Injury)

Elements: 1. accused acted in the performance of duty or in the lawful exercise of a right or office 2. the injury caused or offense committed be the necessary consequence of the due performance of the duty, or the lawful exercise of such right or office. NOTE: The accused must prove that he was duly appointed to the position claimed he was discharging at the time of the commission of the offense. It must also be shown that the offense committed was the necessary consequence of such fulfillment of duty, or lawful exercise of a right or office.

Par. 5 Fulfillment of Duty or Lawful Exercise of | a Right or Office

Elements: 1. an order has been issued 2. order has a lawful purpose (not patently illegal) 3. means used by subordinate to carry out said order is lawful NOTE: The superior officer giving the order cannot invoke this justifying circumstance. (Blank) is material, as the subordinate is not liable for carrying out an illegal order if he is not aware of its illegality and he is not negligent.

Par. 6 Obedience to a Superior Order | Good faith

Obedience to a Superior Order General Rule: Subordinate cannot invoke this circumstance when order is (blank). Exception: When there is compulsion of an irresistible force, or under impulse of uncontrollable fear.

patently illegal

Grounds for exemption from punishment because there is wanting in the agent of the crime any of the conditions which make the act voluntary or negligent. Basis: The (blank) is based on the complete absence of intelligence, freedom of action, or intent, or on the absence of negligence on the part of the accused.

EXEMPTING CIRCUMSTANCES | exemption from punishment

Who/what is affected? Act Nature of act - is considered legal Existence of crime - None No criminal and civil liability BUT there is civil liability as to Art.11(4) (state of necessity)

Justifying CIRCUMSTANCES

Who/what is affected?Actor Nature of act - act is wrongful but actor not liable Existence of crime -Yes, but since voluntariness is absent the actor is not liable No criminal liability but there is civil liability EXCEPT as to Art. 12(4) (injury by mere accident) and (7) (lawful cause)

EXEMPTING CIRCUMSTANCES

Seven EXEMPTING CIRCUMSTANCES

``` Par. 1 Imbecility or Insanity Par. 2 Under Nine Years of Age Par. 3 Person Over 9 and Under 15 Acting without discernment Par. 4 Accident without fault or intention of causing it Par. 5 Irresistible Force Par. 6 Uncontrollable Fear PAR 7. Insuperable Cause ```

One while advanced in age has a mental development comparable to that of children between 2 and 7 years old. He is exempt in all cases from criminal liability.

IMBECILE

One who acts with complete deprivation of intelligence/reason or without the least discernment or with total deprivation of freedom of will. Mere abnormality of the mental faculties will not exclude imputability.

INSANE imputability.- to attach to a person responsibility (and therefore financial liability) for acts or injuries to another, because of a particular relationship, such as mother to child, guardian to ward, employer to employee, or business associates. Example: a 16-year-old boy drives his father's car without a license and runs someone down. The child's negligence may be imputed to the parent, or, in the reverse, a mother drives her car and collides with a truck driven over the speed limit, and her baby in the front seat of the car is badly injured, in part due to not being put in a safety seat with a seat belt. The mother's negligence can be imputed to the child in any claim on behalf of the child against the truck driver.

Par. 1 Imbecility or Insanity General Rule: Exempt from criminal liability Exception: The act was done during a (blank). NOTE: Defense must prove that the accused was insane at the time of the commission of the crime because the presumption is always in favor of sanity.

lucid interval Intervals occurring in the mental life of an insane person during which he is completely restored to the use of his reason, or so far restored that he has sufficient intelligence, judgment, and will to enter into contractual relatious. or perform other legal acts, without disqualification by reason of his disease.

Requisite: Offender is under 9 years of age at the time of the commission of the crime. There is (blank) in the case of a minor under 9 years of age. NOTE: Under R.A. 9344 or the Juvenile Justice And Welfare Act a minor 15 years and below is exempt from criminal liability

absolute criminal irresponsibility

Par. 3 Person Over 9 and Under 15 Acting Without Discernment NOTE: Such minor must have acted without discernment to be exempt. If with discernment, he is criminally liable. Presumption: (blank)

The minor committed the crime without discernment.

Mental capacity to fully appreciate the consequences of the unlawful act, which is shown by the: 1. manner the crime was committed 2. conduct of the offender after its commission NOTE: Under R.A. 9344 a minor over 15 but (blank) 18 who acted without discernment is exempt from criminal liability

DISCERNMENT | below

Elements: 1. A person is performing a lawful act 2. with due care 3. He causes injury to another by mere accident 4. Without fault or intention of causing it.

Par. 4 Accident without fault or intention of | causing it

Elements: 1. The compulsion is by means of physical force. 2. The physical force must be irresistible. 3. The physical force must come from a third person. NOTE: Force must be irresistible so as to reduce the individual to a mere instrument.

Par. 5 Irresistible Force

Offender uses violence or physical force to compel another person to commit a crime.

IRRESISTIBLE FORCE

Elements: 1. 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. It promises an evil of such gravity and imminence that an ordinary man would have succumbed to it.

Par. 6 Uncontrollable Fear | succumb - fail to resist

- Offender employs intimidation or threat in compelling another to commit a crime. - It is the use of violence or physical force

UNCONTROLLABLE FEAR | DURESS

NOTE: Duress to be a valid defense should be based on real, imminent or reasonable fear for one’s life or limb. It should not be inspired by speculative, fanciful or remote fear. A (blank) is not enough.

threat of future injury

ACTUS ME INVITO FACTUS NON EST MEUS ACTUS

– Any act done by me against my will is not my act.

Elements: 1. An act is required by law to be done. 2. A person fails to perform such act. 3. His failure to perform such act was due to some lawful or insuperable cause. Ex: 1. A priest can’t be compelled to reveal what was confessed to him. 2. No available transportation – officer not liable for arbitrary detention 3. Mother who was overcome by severe dizziness and extreme debility, leaving child to die – not liable for infanticide (People v. Bandian, 63 Phil 530)

PAR 7. Insuperable Cause

Some motive, which has lawfully, morally or physically prevented a person to do what the law commands.

INSUPERABLE CAUSE

Where the act committed is a crime but for some reason of public policy and sentiment, there is no penalty imposed. Exempting and justifying circumstances are (blank). Examples of such other circumstances are: 1. spontaneous desistance (Art. 6) 2. accessories exempt from criminal liability (Art. 20) 3. Death or physical injuries inflicted under exceptional circumstances (Art. 247) 4. persons exempt from criminal liability from theft, swindling, malicious mischief (Art 332) 5. instigation

absolutory causes.

NOTE: Entrapment is NOT an absolutory cause. A buy-bust operation conducted in connection with illegal drug-related offenses is a form of (blank)

entrapment

The ways and means are resorted to for the purpose of trapping and capturing the lawbreaker in the execution of his criminal plan. NOT a bar to accused’s prosecution and conviction. NOT an absolutory cause.

Entrapment

Instigator practically induces the would-be accused into the commission of the offense and himself becomes a co-principal. Accused will be acquitted. Absolutory cause.

Instigation

Offset by any aggravating circumstance - Cannot be offset Effect on penalty - Effect of imposing the penalty by 1 or 2 degrees lower than that provided by law. Kinds (Sources) - Minority, Incomplete, Self-defense, two or more mitigating circumstance without any aggravating circumstance (has the effect of lowering the penalty by one degree). Art. 64, 68 and 69.

Privileged Mitigating

Offset by any aggravating circumstance - Can be offset by a generic aggravating circumstance. Effect on penalty - If not offset, has the effect of imposing the minimum period of the penalty. Kinds (Sources) - Those circumstances enumerated in paragraph 1 to 10 of Article 13.

Ordinary Mitigating

Criminal Responsibility/ Effect Absolute irresponsibility, exempting circumstance * as amended by RA 9344

≤ 15years | less than or equal to 15

Conditional responsibility Without discernment – not criminally liable With discernment – criminally liable * as amended by RA 9344

Sentence is suspended

Minor delinquent

Full responsibility

18 ≤ and ≤ 70 | equal or greater than 18 years old and equal or less than 70 years old.

Mitigated responsibility, no imposition of death penalty, execution of death sentence may be suspended and commuted

> 70 greater than 70 commuted - reduce to less than severe.

Those which if present in the commission of the crime reduces the penalty of the crime but does not erase criminal liability nor change the nature of the crime.

MITIGATING CIRCUMSTANCES

NOTE: A mitigating circumstance arising from a single fact absorbs all the other mitigating circumstances arising from that (blank).

same fact

Par. 1 Incomplete Justifying or Exempting Circumstances Par. 2 Under 18 or Over 70 Years Old Par. 3 No Intention to Commit so Grave a Wrong Par. 4 Provocation or Threat Par. 5 Vindication of Grave Offense Par. 6 Passion or Obfuscation Par. 7 Surrender and Confession of Guilt Par. 8 Physical Defect of Offender Par. 9 Illness of the Offender Par. 10 Similar and Analogous Circumstances

MITIGATING CIRCUMSTANCES

NOTE: This applies when not all the requisites are present.. If two requisites are present, it is considered a privileged mitigating circumstance. However, in reference to Art.11(4) if any of the last two requisites is absent, there is only an ordinary mitigating circumstance. Remember though, that in self-defense, defense of relative or stranger, unlawful aggression must always be present as it is an (blank)

Par. 1 Incomplete Justifying or Exempting Circumstances | indispensable requirement

NOTE: Age of accused is determined by his age at | the date of (blank) of crime, not date of trial.

Par. 2 Under 18 or Over 70 Years Old | commission

NOTE: Can be used only when the proven facts show that there is a notable and evident disproportion between the means employed to execute the criminal act and its consequences.

Par. 3 No Intention to Commit so Grave a Wrong

1. weapon used 2. injury inflicted 3. part of the body injured 4. mindset of offender at the time of commission of crime This provision addresses the intention of the offender at the particular moment when the offender executes or commits the criminal act, not to his intention during the planning stage.

Par. 3 No Intention to Commit so Grave a Wrong | Factors that can be considered are:

NOTE: In crimes against persons – if victim does not die, the absence of the intent to kill reduces the felony to mere physical injuries. It is not considered as mitigating. It is mitigating only when the victim (blank)

dies

Par. 3 No Intention to Commit so Grave a Wrong NOTE: It is not applicable to felonies by negligence because in felonies through negligence, the offender acts without intent. The intent in intentional felonies is replaced by negligence or imprudence. There is no intent on the part of the offender, which may be considered as (blank).

diminished

Any unjust or improper conduct or act | of the offended party, capable of exciting, inciting or irritating anyone.

Provocation

Made directly only to the person committing the felony. Cause that brought about the (blank) need not be a grave offense. Necessary that (blank) or threat immediately preceded the act. No time interval.

Provocation

Grave offense may be also against the offender’s relatives mentioned by law. Offended party must have done a grave offense to the offender or his relatives. May be proximate. Time interval allowed.

Vindication

Requisites: 1. provocation must be sufficient 2. it must originate from the offended party 3. must be immediate to the commission of the crime by the person who is provoked NOTE: Threat should not be offensive and positively strong. Otherwise, it would be an (blank), which may give rise to self-defense and thus no longer a mitigating circumstance.

Par. 4 Provocation or Threat | unlawful aggression

Requisites: 1. a grave offense done to the one committing the felony, his spouse, ascendants, descendants, legitimate, natural or adopted brothers or sisters or relatives by affinity within the same degrees 2. the felony is committed in immediate vindication of such grave offense NOTE: “Immediate” allows for a lapse of time, as long as the offender is still suffering from the mental agony brought about by the offense to him. (proximate time, not just immediately after).

``` Par. 5 Vindication of Grave Offense Vindication is good, but it can only come after something bad, like being accused of something you didn't do. If a teacher thought you cheated, but then announced to the whole class that you didn't, you're getting vindication. ```

Requisites: 1. offender acted upon an impulse 2. the impulse must be so powerful that it naturally produced passion or obfuscation in him NOTE: Act must have been committed not in the spirit of lawlessness or revenge; act must come from lawful sentiments.

Par. 6 Passion or Obfuscation The act of obscuring something to make it more difficult to understand is called obfuscation. Lawyers are sometimes accused of obfuscation, since legal contracts can be so difficult to understand.

1. That there be an act, both unlawful and unjust 2. The act be sufficient to produce a condition of mind 3. That the act was proximate to the criminal act, not admitting of time during which the perpetrator might recover his normal equanimity 4. The victim must be the one who caused the passion or obfuscation NOTE: (Blank) cannot co-exist with treachery since this means that the offender had time to ponder his course of action.

Act, Which Gave Rise To Passion And Obfuscation: Passion and obfuscation

Mitigating No physical force needed From the offender himself Must come from lawful sentiments

PASSION & OBFUSCATION

Exempting Requires physical force Must come from a 3rd person Unlawful

IRRESISTIBLE FORCE

Produced by an impulse which may be caused by provocation. Offense which engenders perturbation of mind need not be immediate. It is only required that the influence thereof lasts until the crime is committed Effect is loss of reason and self-control on the part of the offender.

PASSION & OBFUSCATION When you're on an airplane with your friend who's terrified of flying, you'll be able to sense her perturbation, even if she doesn't say a word about how scared she is. The noun perturbation means "anxiety or uneasiness".

Comes from injured party Immediately precede the commission of the crime Effect is loss of reason and self - control on the part of the offender

PROVOCATION

1. offender not actually arrested 2. offender surrendered to person in authority 3. surrender was voluntary

VOLUNTARY SURRENDER

1. offender spontaneously confessed his guilt 2. confession was made in open court, that is, before the competent court that is to try the case 3. confession of guilt was made prior to the presentation of the evidence for the prosecution

VOLUNTARY PLEA OF GUILT When you do something spontaneously, you do it on a whim, without preparing for it or giving it much thought. If your math teacher spontaneously breaks into a tap dance, it will surprise the whole class.

- must be spontaneous, showing the intent of the accused to submit himself unconditionally to the authorities, either because: 1. he acknowledges his guilt; or 2. he wishes to save them the trouble and expense necessarily incurred in his search and capture. NOTE: If both are present, considered as (blank) mitigating circumstances. Further mitigates penalty.

WHEN SURRENDER VOLUNTARY | two independent

NOTES: plea made after arraignment and after trial has begun does not entitle accused to the mitigating circumstance If accused pleaded not guilty, even if during arraignment, he is entitled to (blank) as long as he withdraws his plea of not guilty to the charge before the fiscal could present his evidence. Plea to a lesser charge is not a Mitigating Circumstance because to be such, the plea of guilt must be to the offense charged. Plea to the offense charged in the amended info, lesser than that charged in the original info, is Mitigating Circumstance.

mitigating circumstance Plea also has a legal meaning. When you get a traffic ticket or if you're accused of a crime, you have to enter a plea of "guilty" or "not guilty." A "plea bargain" is when you make a deal with the prosecutor — you may plead guilty to a charge (by entering a guilty plea) that has less of a penalty and, in return, the prosecutor drops the more serious charge.

The offender is deaf and dumb, blind or otherwise suffering from some physical defect, restricting his means of action, defense or communication with others. NOTE: The physical defect must relate to the offense committed.

Par. 8 Physical Defect of Offender

Requisites: 1. The illness of the offender must diminish the exercise of his will-power. 2. Such illness should not deprive the offender of consciousness of his acts.

Par. 9 Illness of the Offender

defendant who is 60 years old with failing eyesight is similar to a case of one over 70 yrs old outraged feeling of owner of animal taken for ransom is analogous to vindication of grave offense impulse of jealous feeling, similar to passion and obfuscation voluntary restitution of property, similar to voluntary surrender extreme poverty, similar to incomplete justification based on state of necessity

Par. 10 Similar and Analogous Circumstances

Those which, if attendant in the commission of the crime, serve to have the penalty imposed in its maximum period provided by law for the offense or those that change the nature of the crime.

AGGRAVATING CIRCUMSTANCES

BASIS: 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 the commission, 3. the means and ways employed 4. the time, or 5. the personal circumstances of the offender, or the offended party.

AGGRAVATING CIRCUMSTANCES

``` Generic Specific Qualifying Inherent Special ```

KINDS OF AGGRAVATING CIRCUMSTANCES:

Aggravating circumstances which apply to all crimes

1. Generic

Aggravating circumstances which apply only to specific | crimes,

2. Specific

Aggravating circumstances that change the nature of | the crime

3. Qualifying

Aggravating circumstances which of necessity accompany the commission of the crime, therefore not considered in increasing the penalty to be imposed

4. Inherent Use the adjective inherent for qualities that are considered permanent or cannot be separated from an essential character.

Aggravating circumstances those which arise under special conditions to increase the penalty of the offense and cannot be offset by mitigating circumstances

5. Special Okay, let's talk turkey. The Duke's lack of height was offset by his enormous wig. Even without shoes, he towered above most people, because his wig alone was five feet tall.

EFFECT : When not set off by any mitigating circumstance, Increases the penalty which should be imposed upon the accused to the maximum period but without exceeding the limit prescribed by law If not alleged in the information, a qualifying aggravating circumstance will be considered generic May be offset by a mitigating circumstance.

GENERIC AGGRAVATING CIRCUMSTANCE

EFFECT: Gives the crime its proper and exclusive name and places the author of the crime in such a situation as to deserve no other penalty than that specially prescribed by law for said crimes (People v. Bayot, 64Phil269,273) To be considered as such, MUST be alleged in the information. Cannot be offset by a mitigating circumstance

QUALIFYING AGGRAVATING CIRCUMSTANCE

RULES ON AGGRAVATING CIRCUMSTANCES: 1. Aggravating circumstances shall NOT be appreciated if: a) They constitute a crime specially punishable by law, or b) It is included by the law in defining a crime with a penalty prescribed, and therefore shall not be taken into account for the purpose of increasing the penalty. Example...

Ex: “That the crime be committed by means of …fire,…explosion” (Art. 14, par. 12) is in itself a crime of arson (Art. 321) or a crime involving destruction (Art. 324). It is not to be considered to increase the penalty for the crime of arson or for the crime involving destruction.

RULES ON AGGRAVATING CIRCUMSTANCES: The same rule shall apply with respect to any aggravating circumstance inherent in the crime to such a degree that it must of necessity accompany the commission thereof

(Art.62, par.2) Art. 62. Effect of the attendance of mitigating or aggravating circumstances and of habitual delinquency. Par.2. Same rules apply when the aggravating circumstance is inherent in the crime.

RULES ON AGGRAVATING CIRCUMSTANCES: Aggravating circumstances which arise: a) From the moral attributes of the offender; b) From his private relations with the offended party; or c) From any personal cause, shall only serve to aggravate the liability of the principals, accomplices and accessories as to whom such circumstances are attendant.

(Art. 62, par. 3)

RULES ON AGGRAVATING CIRCUMSTANCES: 4. The circumstances which consist : a) In the material execution of the act, or b) In the means employed to accomplish it, shall serve to aggravate the liability of only those persons who had knowledge of them at the time of the execution of the act or their cooperation therein. Except when there is proof of (blank) in which case the act of one is deemed to be the act of all, regardless of lack of knowledge of the facts constituting the circumstance. (Art. 62, par. 4)

conspiracy

Aggravating circumstances, regardless of its kind, should be specifically alleged in the information AND proved as fully as the crime itself in order to increase the penalty.

(Sec. 9, Rule 110, 2000 Rules of Criminal Procedure)

When there is more than one qualifying aggravating circumstance present, one of them will be appreciated as qualifying aggravating while the others will be considered as (blank).

generic aggravating

Par. 1. That advantage be taken by the offender of his public position. Par. 2. That the crime be committed in contempt of or with insult to public authorities. Par. 3. That the act be committed: (1) with insult or in disregard of the respect due the offended party on account of his (a)rank, (b) age, or (c) sex or (2) that it be committed in the dwelling of the offended party, if the latter has not given provocation. Par. 4. That the act be committed with: (1) abuse of confidence or (2) obvious ungratefulness Par. 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. Par. 6. That the crime be committed (1) in the nighttime, or (2) in an uninhabited place, or (3) by a band, whenever such circumstance may facilitate the commission of the offense Par. 7. That the crime be committed on the occasion of a conflagration, shipwreck, earthquake, epidemic or other calamity or misfortune. Par. 8.That the crime be committed with the aid of (1) armed men or (2) persons who insure or afford impunity Par. 9. That the accused is a recidivist Par. 10. That the offender has been previously punished for 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. Par. 11. That the crime be committed in consideration of price, reward or promise. Par. 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 use of any artifice involving great waste and ruin. Par. 13. That the act be committed with evident premeditation. Par. 14. That (1) craft, (2) fraud, or (3) disguise be employed. Par. 15. That (1) advantage be taken of superior strength, or (2) means be employed to weaken the defense. Par. 16. That the act be committed with treachery (alevosia) Par. 17. That means be employed or circumstances brought about which add ignominy to the natural effects of the act. Par. 18. That the crime be committed after an unlawful entry. Par. 19. That as a means to the commission of a crime, a wall, roof, floor, door, or window be broken. Par. 20. That the crime be committed (1) with the aid of persons under fifteen (15) years of age, or (2) by means of motor vehicles, airships, or other similar means. Par. 21. That the wrong done in the commission of the crime be deliberately augmented by causing other wrong not necessary for its commission

contempt - It suggests you find someone or something utterly worthless. impunity - freedom from punishment. inundation can also refer specifically to a flood of water, like when a riverbank is at risk of inundation after several days of heavy rain. This makes sense as the root word in Latin is inundationem, "an overflowing." Walk into class in your underwear is to feel what the word ignominy means. Ignominy is a noun meaning great public shame, disgrace, or embarrassment, or a situation or event that causes this. being crafty — good at fooling people

Requisites: 1. Offender is public officer 2. Public officer must use the influence, prestige, or ascendancy which his office gives him as means to realize criminal purpose It is not considered as an aggravating circumstance where taking advantage of official position is made by law an integral element of the crime or inherent in the offense. Example...

Par. 1. That advantage be taken by the offender of his public position Ex: malversation (Art. 217), falsification of a document committed by public officers (Art. 171).

When the public officer did not take advantage of the influence of his position, this aggravating circumstance is not present NOTE : Taking advantage of a public position is also inherent in the case of (blank) under Art. 19, par. 3 (harboring, concealing, or assisting in the escape of the principal of the crime), and in crimes committed by public officers. (articles)

accessories | (Arts. 204- 245).

Requisites: 1. That the public authority is engaged in the exercise of his functions. 2. That he who is thus engaged in the exercise of said functions is not the person against whom the crime is committed. 3. The offender knows him to be a public authority. 4. His presence has not prevented the offender from committing the criminal act.

Par. 2. That the crime be committed in contempt | of or with insult to public authorities

``` Public authority, or person who is directly vested with jurisdiction and has the power to govern and execute the laws Ex: 1. Governor 2. Mayor 3. Barangay captain/ chairman 4. Councilors 5. Government agents 6. Chief of Police ```

PERSON IN AUTHORITY

NOTE: A (blank) of a public or recognized private school is not a “public authority within the contemplation of this paragraph. While he is a person in authority under Art. 152, that status is only for purposes of Art. 148 (blank) and Art. 152 (blank). The crime should not be committed against the public authority (otherwise it will constitute direct assault under Art.148) This is NOT applicable when committed in the presence of a mere (blank).

teacher or professor Art. 148 (direct assault) and Art. 152 (resistance and disobedience). agent

Subordinate public officer charged w/ the maintenance of public order and protection and security of life and property Ex: barrio vice lieutenant, barrio councilman

AGENT

Rules 1. These circumstances shall only be considered as one aggravating circumstance. 2. Rank, age, sex may be taken into account only in crimes against persons or honor, they cannot be invoked in crimes against property. 3. It must be shown that in the commission of the crime the offender deliberately intended to offend or insult the sex, age and rank of the offended party.

Par. 3. That the act be committed: (1) with insult or in disregard of the respect due the offended party on account of his (a)rank, (b) age, or (c) sex or

The designation or title of distinction used to fix the relative position of the offended party in reference to others (There must be a difference in the social condition of the offender and the offended party).

RANK

may refer to old age or the tender age of the | victim.

AGE

refers to the female sex, not to the male sex.

SEX

The (blank) of disregard of rank, age, or sex is not applicable in the following cases: 1. When the offender acted with passion and obfuscation. 2. When there exists a relationship between the offended party and the offender. 3. When the condition of being a woman is indispensable in the commission of the crime. Example..

Aggravating circumstance (Ex: in parricide, abduction, seduction and rape) People vs. Lapaz, March 31, 1989 Disregard of sex and age are not absorbed in treachery because treachery refers to the manner of the commission of the crime, while disregard of sex and age pertains to the relationship of the victim.

must be a building or structure exclusively used for rest and comfort (combination of house and store not included), may be temporary as in the case of guests in a house or bedspacers. It includes dependencies, the foot of the staircase and the enclosure under the house.

DWELLING

``` NOTES: The aggravating circumstance of dwelling requires that the crime be wholly or partly committed therein or in any integral part thereof. Dwelling does not mean the permanent residence or domicile of the offended party or that he must be the owner thereof. He must, however, be actually living or dwelling therein even for a temporary duration or purpose. It is (blank) that the accused should have actually entered the dwelling of the victim to commit the offense; it is enough that the victim was attacked inside his own house, although the assailant may have devised means to perpetrate the assault from without. ```

not necessary

1. The abuse of confidence which the offended party reposed in the offender by opening the door to him; or 2. The violation of the sanctity of the home by trespassing therein with violence or against the will of the owner.

What aggravates the commission of the crime in | one’s dwelling:

Meaning of provocation in the aggravating circumstance of dwelling: The provocation must be: 1. Given by the owner of the dwelling, 2. Sufficient, and 3. Immediate to the commission of the crime. NOTE: If all these conditions are present, the offended party is deemed to have given the provocation, and the fact that the crime is committed in the dwelling of the offended party is (blank). REASON: When it is the offended party who has provoked the incident, he loses his right to the respect and consideration due him in his ownhouse.

NOT an aggravating circumstance.

Dwelling is not aggravating in the following cases: 1. When both the offender and the offended party are occupants of the same house, and this is true even if offender is a servant in the house. exception: In case of adultery in the conjugal dwelling, the same is aggravating. However, if the paramour also dwells in the conjugal dwelling, the applicable aggravating circumstance is (blank).

abuse of confidence.

``` Dwelling is not aggravating in the following cases: 2. When robbery is committed by the use of force upon things, dwelling is not aggravating because it is inherent. However, dwelling is aggravating in robbery with (blank) because this class of robbery can be committed without the necessity of trespassing the sanctity of the offended party’s house. ```

violence against or intimidation of persons

Dwelling is not aggravating in the following cases: 3. In the crime of trespass to dwelling, it is inherent or included by law in defining the crime. 4. When the owner of the dwelling gave sufficient and immediate (blank). There must exist a close relation between the provocation made by the victim and the commission of the crime by the accused. 5. The victim is not a dweller of the house.

provocation

Par. 4. That the act be committed with: (1) abuse of confidence or (2) obvious ungratefulness There are two aggravating circumstances present under par.4 which must be (blank) if present in the same case. While one may be related to the other in the factual situation in the case, they cannot be lumped together. Abuse of confidence requires a special confidential relationship between the offender and the victim, while this is not required for there to be obvious ungratefulness...

independently appreciated

1. That the offended party had trusted the offender. 2. That the offender abused such trust by committing a crime against the offended party. 3. That the (blank) facilitated the commission of the crime.

Requisites Of Abuse Of Confidence: NOTE: Abuse of confidence is inherent in malversation (Art. 217), qualified theft (Art. 310), estafa by conversion or misappropriation (Art. 315), and qualified seduction (Art. 337).

1. That the offended party had trusted the offender; 2. That the offender abused such trust by committing a crime against the offended party. 3. That the act be committed with obvious ungratefulness. NOTE: The ungratefulness contemplated by par. 4 must be such clear and manifest ingratitude on the part of the accused.

Requisites of obvious ungratefulness:

Actual performance of duties is not necessary when crime is committed in the palace or in the presence of the Chief Executive

Par. 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.

1. crime occurred in the public office. | 2. public authorities are actually performing their public duties.

Requisites Regarding Public Authorities:

Public authorities are in the performance of their duties. In their office. The offended party may or may not be the public authority.

AGGRAVATING CIRCUMSTANCE | PAR. 5. Where public authorities are engaged in the discharge of their duties

Public authorities are in the performance of their duties. Outside of their office.. The offended party, Public authority should not be the offended party.

AGGRAVATING CIRCUMSTANCE | PAR. 2. Contempt or insult to public authorities

1. The crime occurred in a place dedicated to the worship of God regardless of religion 2. The offender must have decided to commit the crime when he entered the place of worship Except for the third which requires that official functions are being performed at the time of the commission of the crime, the other places mentioned are aggravating per se even if no official duties or acts of religious worship are being conducted there. (blank), however respectable they may be, are not considered as place dedicated to the worship of God.

Requisites (Place Dedicated To Religious Worship): | Cemeteries

Par. 6. That the crime be committed (1) in the nighttime, or (2) in an uninhabited place, or (3) by a band, whenever such circumstance may facilitate the commission of the offense NOTE: When present in the same case and their element are distinctly palpable (ramdam) and can subsist (stand) independently, they shall be considered (blank)

separately.

When nighttime, uninhabited place or band aggravating: 1. When it facilitated the commission of the crime; or 2. When especially sought for by the offender to insure the commission of the crime or for the purpose of (blank); or 3. When the offender took advantage thereof for the purpose of (blank).

Impunity

That period of darkness beginning at the end of dusk and ending at dawn. Commission of the crime must begin and be accomplished in the nighttime. When the place of the crime is illuminated by light, nighttime is not aggravating. It is not considered aggravating when the crime began at daytime. Nighttime is not especially sought for when the notion to commit the crime was conceived of shortly before commission or when crime was committed at night upon a casual encounter However, nighttime need not be specifically sought for when (1) it facilitated the commission of the offense, or (2) the offender took advantage of the same to commit the crime A bare statement that crime was committed at night is (blank). The information must allege that nighttime was sought for or taken advantage of, or that it facilitated the crime.

NIGHTTIME (obscuridad) | insufficient

GENERAL RULE: Nighttime is absorbed in treachery. EXCEPTION: Where both the treacherous mode of attack and nocturnity were deliberately decided upon in the same case, they can be considered separately if such circumstances have different factual bases. Thus: In People vs. Berdida, et. al. (June 30, 1966), nighttime was considered since it was purposely sought, and treachery was further appreciated because the victim’s hands and arms were tied together before he was beaten up by the accused. In People vs. Ong, et. al. (Jan. 30, 1975), there was treachery as the victim was stabbed while lying face up and defenseless, and (BLANK) was considered upon proof that it facilitated the commission of the offense and was taken advantage of by the accused.

nighttime

One where there are no houses at all, a place at a considerable distance from town, where the houses are scattered at a great distance from each other. Solitude must be sought to better attain the criminal purpose What should be considered here is whether in the place of the commission of the offense, there was a reasonable possibility of the victim receiving some help.

UNINHABITED PLACE (despoblado)

Whenever there are more than 3 armed malefactors that shall have acted together in the commission of an offense. NOTE: There must be four or more armed men.

BAND (en cuadrilla)

If one of the four-armed malefactors is a (blank) , they do not form a band because it is undoubtedly connoted that he had no direct participation. “By a band” is aggravating in crimes against property or against persons or in the crime of illegal detention or treason but does not apply to crimes against chastity “By a band” is inherent in brigandage This aggravating circumstance is absorbed in the circumstance of abuse of superior strength

principal by inducement

Requisites: 1. The crime was committed when there was a calamity or misfortune 2. The offender took advantage of the state of confusion or chaotic condition from such misfortune If the offended was PROVOKED by the offended party during the calamity/misfortune, this aggravating circumstance may not be taken into consideration.

Par. 7. That the crime be committed on the occasion of a conflagration, shipwreck, earthquake, epidemic or other calamity or misfortune.

Par. 8.That the crime be committed with the aid of (1) armed men or (2) persons who insure or afford impunity Requisites: 1. That armed men or persons took part in the commission of the crime, directly or indirectly. 2. That the accused (blank) himself of their aid or relied upon them when the crime was committed. NOTE: This aggravating circumstance requires that the armed men are accomplices who take part in a minor capacity directly or indirectly, and not when they were merely present at the crime scene. Neither should they constitute a band, for then the proper aggravating circumstance would be cuadrilla.

availed - helped

1. When both the attacking party and the party attacked were equally armed. 2. When the accused as well as those who cooperated with him in the commission of the crime acted under the same plan and for the same purpose. 3. When the others were only “casually present” and the offender did not avail himself of any of their aid or when he did not knowingly count upon their assistance in the commission of the crime

When This Aggravating Circumstance Shall Not | Be Considered:

As to their number Requires more than three armed malefactors (i.e., at least four) As to their action Requires that more than three armed malefactors shall have acted together in the commission of an offense.

Par. 6 “By a band”

As to their number At least two As to their action This circumstance is present even if one of the offenders merely relied on their aid, for actual aid is not necessary.

Par. 8. “With the aid of armed men”

If there are four armed men, aid of armed men is absorbed in employment of a band. If there are three armed men or less, aid of armed men may be the (blank). “Aid of armed men” includes “armed women.”

aggravating circumstance

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.

RECIDIVIST

Requisites: 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 offenses are embraced in the same title of the Code; 4. That the offender is convicted of the new offense.

Par. 9. That the accused is a recidivist

It is employed in its general sense, including the rendering of the judgment. It is meant to include everything that is done in the course of the trial, from arraignment until after sentence is announced by the judge in open court. What is controlling is the TIME OF THE TRIAL, not the time of the commission of the offense.

MEANING OF “at the time of his trial for one crime.”

GENERAL RULE: To prove recidivism, it is necessary to allege the same in the information and to attach thereto certified copy of the (blank) against the accused. Exception: If the accused does not object and when he admits in his confession and on the witness stand. Recidivism must be taken into account no matter how many years have intervened between the first and second felonies.

sentences rendered

(blank 1) extinguishes the penalty and its effects. However, (blank 2) does not obliterate the fact that the accused was a recidivist. Thus, even if the accused was granted a pardon for the first offense but he commits another felony embraced in the same title of the Code, the first conviction is still counted to make him a recidivist

``` 1. Amnesty extinguishes - put to end 2. pardon obliterate - completely wiped out embraced - sumasaklaw ```

Being an ordinary aggravating circumstance, recidivism affects only the periods of a penalty, except in prostitution and vagrancy (Art. 202) and gambling (PD 1602) wherein recidivism increases the penalties by (blank) . No other generic aggravating circumstance produces this effect.

degrees

In recidivism it is sufficient that the succeeding offense be committed after the commission of the preceding offense provided that at the time of his trial for the second offense, the accused had already been convicted of the first offense. If both offenses were committed on the same date, they shall be considered as only one, hence, they cannot be separately counted in order to constitute recidivism. Also, judgments of convicted handed down on the same day shall be considered as only one conviction. REASON: Because the Code requires that to be considered as separate convictions, at the time of his trial for one crime the accused shall have been (blank) by final judgment of the other.

previously convicted

1. That the accused is on trial for an offense; 2. That he previously served sentence for another offense to which the law attaches an a) Equal or b) Greater penalty, or c) For two or more crimes to which it attaches a lighter penalty than that for the new offense; and 3. That he is convicted of the new offense

Requisites Of Reiteracion Or Habituality: Par. 10. That the offender has been previously punished for 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.

As to the first offense It is necessary that the offender shall have served out his sentence for the first offense As to the kind of offenses involved The previous and subsequent offenses must not be embraced in the same title of the Code.

HABITUALITY

As to the first offense It is enough that a final judgment has been rendered in the first offense. As to the kind of offenses involved Requires that the offenses be included in the same title of the Code.

RECIDIVISM

1. Recidivism (par. 9, Art. 14) 2. Reiteracion or Habituality (par. 10, Art. 14) 3. Multi-recidivism or Habitual delinquency (Art. 62, par, 5) 4. Quasi-recidivism (Art. 160)

THE FOUR FORMS OF REPETITION ARE:

Where a person, on separate occasions, is convicted of two offenses embraced in the same title in the RPC. This is a generic aggravating circumstance.

1. Recidivism (par. 9, Art. 14) –

Where the offender has been previously punished for an offense to which the law attaches an equal or greater penalty or for two crimes to which it attaches a lighter penalty. This is a generic aggravating circumstance.

2. Reiteracion or Habituality (par. 10, Art. 14)

Where a person within a period of ten years from the date of his release or last conviction of the crimes of serious or less serious physical injuries, robbery, theft, estafa or falsification, is found guilty of the said crimes a third time or oftener. This is an extraordinary aggravating circumstance.

3. Multi-recidivism or Habitual delinquency (Art. | 62, par, 5)

Where a person commits felony before beginning to serve or while serving sentence on a previous conviction for a felony. This is a special aggravating circumstance.

4. Quasi-recidivism (Art. 160)

Since reiteracion provides that the accused has duly served the sentence for his previous conviction/s, or is legally considered to have done so, quasi-recidivism cannot at the same time constitute reiteracion, hence this aggravating circumstance cannot apply to a (blank). If the same set of facts constitutes recidivism and reiteracion, the liability of the accused should be aggravated by recidivism which can easily be proven.

quasi-recidivist

Requisites: 1. There are at least 2 principals: • The principal by inducement (one who offers) • The principal by direct participation (accepts) 2. The price, reward, or promise should be previous to and in consideration of the commission of the criminal act

Par. 11. That the crime be committed in consideration of price, reward or promise.

NOTE: The circumstance is applicable to both principals .It affects the person who received the price / reward as well as the person who gave it. If without previous promise it was given voluntarily after the crime had been committed as an expression of his appreciation for the sympathy and aid shown by the other accused, it should not be taken into consideration for the purpose of increasing the penalty. The price, reward or promise need not consist of or refer to material things or that the same were actually delivered, it being sufficient that the offer made by the principal by inducement be accepted by the principal by direct participation before the commission of the offense. The (blank) must be the primary consideration for the commission of the crime.

inducement

Par. 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 use of any artifice involving great waste and ruin The circumstances under this paragraph will only be considered as aggravating if and when they are used by the offender as a means to accomplish a criminal purpose. When another aggravating circumstance already qualifies the crime, any of these aggravating circumstances shall be considered as generic aggravating circumstance only When used as a means to kill another person, the crime is (blank).

qualified to murder

The crime is committed by means of any such acts | involving great waste or ruin.

PAR. 12 “by means of inundation, fire, etc.”

The crime is committed on the occasion of a calamity or misfortune.

PAR. 7 “on the occasion of a conflagration, shipwreck, etc. | A conflagration isn't just a few flames; it's an especially large and destructive fire that causes devastation.

Requisites: The prosecution must prove – 1. The time when the offender determined to commit the crime; 2. An act manifestly indicating that the culprit has clung to his determination; and 3. 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.

Par. 13. That the act be committed with evident | premeditation

Essence of premeditation: 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. To establish evident premeditation, it must be shown that there was a period sufficient to afford full opportunity for meditation and reflection, a time adequate to allow the conscience to overcome the resolution of the will, as well as outward acts showing the intent to kill. It must be shown that the offender had sufficient time to reflect upon the consequences of his act but still (blank) in his determination to commit the crime. (PEOPLE vs. SILVA, et. al., GR No. 140871, August 8, 2002) Premeditation is (blank 2) by reward or promise. When the victim is different from that intended, premeditation is not aggravating. However, if the offender premeditated on the killing of any person, it is proper to consider against the offender the aggravating circumstance of premeditation, because whoever is killed by him is (blank 3) in his premeditation.

1. persisted 2. absorbed 3. contemplated - think carefully (pros and cons)

Requisite The offender must have actually used craft, fraud, or disguise to facilitate the commission of the crime.

AGGRAVATING CIRCUMSTANCE | Par. 14. That (1) craft, (2) fraud, or (3) disguise be employed.

Involved the use of intellectual trickery or cunning on the part of the accused. A chicanery resorted to by the accused to aid in the execution of his criminal design. It is employed as a scheme in the execution of the crime.

CRAFT (astucia) Cunning means clever, in the sense of trickery. Have you ever gotten the sense that politicians or corporate leaders will say anything to turn public opinion their way? This tricky kind of deceit and manipulation is called chicanery.

Insidious words or machinations used to induce the victim to act in a manner which would enable the offender to carry out his design.

FRAUD (fraude) If something is slowly and secretly causing harm, it's insidious — like the rumors no one seems to listen to until suddenly someone's reputation is ruined.

Where there is a direct inducement by insidious words or machinations, (blank) is present.

fraud

The act of the accused done in order not to arouse the suspicion of the victim constitutes (blank).

craft | To constitute is to make up a whole from smaller parts, or "constituents."

(blank) may be absorbed in treachery if they have been deliberately adopted as the means, methods or forms for the treacherous strategy, or they may co-exist independently where they are adopted for a different purpose in the commission of the crime. Ex: In People vs. San Pedro (Jan. 22, 1980), where the accused pretended to hire the driver in order to get his vehicle, it was held that there was craft directed to the theft of the vehicle, separate from the means subsequently used to treacherously kill the defenseless driver. In People vs. Masilang (July 11, 1986) there was also craft where after hitching a ride, the accused requested the driver to take them to a place to visit somebody, when in fact they had already planned to kill the driver.

Craft and fraud

resorting to any device to conceal identity.

DISGUISE (disfraz)

The test of disguise is whether the device or contrivance resorted to by the offender was intended to or did make identification more difficult, such as the (blank). The use of an assumed name in the publication of a libel constitutes disguise.

A contrivance is a gadget or device that can be used for some particular purpose. use of a mask or false hair or beard.

Par. 15. That (1) advantage be taken of superior strength, or (2) means be employed to weaken the defense. Par. 15 contemplates two aggravating circumstances, either of which (blank) a killing to murder.

qualifies

To deliberately use excessive force that is out of proportion to the means for self-defense available to the person attacked. (PEOPLE vs. LOBRIGAS, et. al., GR No. 147649, December 17, 2002)

MEANING OF “advantage be taken”:

No Advantage Of Superior Strength In The Following: 1. One who attacks another with passion and obfuscation does not take advantage of his superior strength. 2. When a quarrel arose unexpectedly and the fatal blow was struck at a time when the aggressor and his victim were engaged against each other as man to man. TEST for abuse of superior strength: the relative strength of the offender and his victim and whether or not he took advantage of his greater strength. When there are several offenders participating in the crime, they must (blank) by direct participation and their attack against the victim must be concerted and intended to be so. Abuse of superior strength is inherent in the crime of parricide where the husband kills the wife. It is generally accepted that the husband is physically stronger than the wife. Abuse of superior strength is also present when the offender uses a weapon which is out of proportion to the defense available to the offended party.

ALL be principals

The element of (blank) is appreciated when the offense is committed by more than three armed malefactors regardless of the comparative strength of the victim or victims.

By a band band NOTE: Abuse of superior strength absorbs cuadrilla (“band”).

The gravamen of abuse of superiority is the taking advantage by the culprits of their collective strength to overpower their relatively weaker victim or victims. Hence, what is taken into account here is not the number of aggressors nor the fact that they are armed, but their relative physical strength vis-a vis the offended party.

“ABUSE OF SUPERIOR STRENGTH”

the offender employs means that materially weaken the resisting power of the offended party. Ex: 1. Where one, struggling with another, suddenly throws a cloak over the head of his opponent and while in this situation he wounds or kills him. 2. One who, while fighting with another, suddenly casts sand or dirt upon the latter eyes and then wounds or kills him. 3. When the offender, who had the intention to kill the victim, made the deceased intoxicated, thereby materially weakening the latter’s resisting power. NOTE: This circumstance is applicable only to crimes against persons, and sometimes against person and property, such as robbery with physical injuries or homicide.

MEANING OF “Means employed to weaken defense”

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.

TREACHERY

Requisites: 1. That at the time of the attack, the victim was not in a position to defend himself; and 2. That the offender consciously adopted the particular means, method or form of attack employed by him. TEST: It is not only the relative position of the parties but, more specifically, whether or not the victim was forewarned or afforded the opportunity to make a defense or to ward off the attack.

Par. 16. That the act be committed with treachery (alevosia)

Rules Regarding Treachery: 1. Applicable only to crimes against persons. 2. Means, methods or forms need not insure accomplishment of crime. 3. The mode of attack must be consciously adopted. Treachery is taken into account even if the crime against the person is complexed with another felony involving a different classification in the Code. Accordingly, in the special complex crime of robbery with homicide, treachery but can be appreciated insofar as the killing is concerned. The (blank) of attack in itself does not constitute treachery, even if the purpose was to kill, so long as the decision was made all of a sudden and the victim’s helpless position was accidental. Treachery applies in the killing of a child even if the manner of attack is not shown. Treachery must be proved by clear and convincing evidence Treachery is considered against all the offenders when there is conspiracy.

suddenness