RPC Book 1 Flashcards
RPC Book 1
Kinds of Felonies according to means of commission
-Dolo
-Culpa
- Intentional Felonies (dolo/deceit)
a. act is performed with deliberate intent or with malice
b. Lack of criminal intent, good faith, or absence of malice, a defense
c. Examples: Murder Rape Theft - Culpable Felonies (culpa/fault)
a. No intent or malice.
Wrong results from negligence, imprudence, lack of foresight, or skill.
b. Lack of CRIMINAL intent, GF, or absence of malice is NOT a Defense; but Lack of intent to COMMIT the act is a Defense
c. Examples: Reckless imprudence/ Negligence resulting to Homicide
RPC Book 1
How criminal liability for an Intentional Felony may be Committed
Praeter Intentionem
- Can a person be held liable for an intentional felony Although the wrong done is Not Intended by him?
- What is proximate cause?
-CC ; DNL conseq
What is the efficient intervening cause? Breaks the causation bet A&H
- In Quinto v Andres 2005, what are samples of pre-existing conditions which may Not be Efficient Intervening cause?
- Yes if (2) intent & DN C
a) he has committed an intentional felony; &
b) the wrong done or injury caused is the Direct, Natural or Logical ConseQuence of the felony committed.
or if the intentional felony committed is the PROXIMATE Cause of the Injury/Damage incurred by the victim ( Injury v Intentional felony Relationship) - Proximate cause is the CAUSAL CONNECTION between the Felonious act and the resultant injury, unbroken by any efficient intervening cause.
Efficient intervening cause is either a) Deliberate Act of the offended party or
b) an active Force based on an act or Fact absolutely Foreign from the criminal act W/c BREAKS the Cause of Causation between the Act & Harm Done. RESULT: defendants act is NO LONGER the cause of harm criminal act SO he may NOT be criminally liable.
- a) pathological condition of victim; b) predisposition of offended party; and c) physical condition of offended party.
RPC Book 1
Praeter Intentionem ( inj > int’d)
vs Error in Personae vs Aberratio ictus
a) EIP Art49, AI Art48, PI Art 4(1) & 13(3) are not defenses, there is a criminal liability
b) EIP is mistake in identity; AI is mistake in the blow; PI is when the Injury or Damage is Greater than that Intended
c. EIP may mitigate liability if there is a variance of the crime committed and that Intended
AI will not affect criminal liability
PI will mitigate liability
RPC Book 1
Impossible Crimes
- What are the 4 requisites?
Inh imp or means emp was inadeq/ineff
- Legal impossibility vs Physical impossibility
- a) act performed would be an offense against Persons or Property;
- act done is with Evil Intent
- its accomplishment: a) was Inherently Impossible OR b) was impossible as the Means employed was either Inadequate or Ineffectual AND
- act done is NOT PUNISHED under another provision of the RPC.
- Legal impossibility - the intended acts, Even if Completed, would NOT AMOUNT to a Crime
Physical or Factual impossibility - the accomplishment of the intended crime was PREVENTED because of EXTRINSIC cicumstances UNKNOWN to the accused or beyond his control
RPC Book 1
Classification of felonies according to their stages of execution
Differentiate
Commncd ALL AoEx»_space;Performed ALL AoEx»_space;Produced the C
Attempted felony»_space; Frustrated felony»_space; Consummated felony
1st - On all three: Offender has COMMENCED the commission of the felony Directly by Overt acts with Evil INTENT
2nd - In AF, offender has NOT Performed ALL Acts of execution (due to a cause other than the spontaneous desistance of offender).
While in FF & CF, the offender has performed ALL acts of execution.
3rd - In AF & FF (due to offender has not achieved all acts of completion), intended Crime was NOT produced while in CF crime was produced.
4th - as to penalty: AF= 2 degrees lower than that prescribed for CF.
FF= 1 degree lower. CF= as prescribed by law
RPC Book 1
Homicide cases
1) Discuss as to AF, FF, & CF
If ALLactsofEx or if No Injury…if i is Fatal but ….if killed
2) Can accused be guilty of Homicide, Infanticide or parricide EVEN Absent of Intent to Kill ( severity, vital organs attcked, statements, behavior)?
1)
Consummated Homicide: if victim dies or killed.
If victim survives, accused is guilty either in AF stage or FF stage only.
Frustrated if injury by victim is fatal which could have caused death where it not for a cause independent of offenders will, like timely medical intervention
Its Attempted homicide if accused has NOT Performed all acts of execution like wound inflicted is not mortal or victim did not incur any injury.
But in both AF & FF stage, there Must ALWAYS be Intent to Kill otherwise accused may only be guilty of Physical injuries or Lesser offenses.
2)
As an exception, yes. If death of victim resulted under circumstances - wrongful act done be different from the one intended.
Note that in Murder in whatever stage, Intent to Kill is essential.
RPC Book 1
1)
Theft or Robbery, no frustrated stage
Discuss
2)
Rape, no frustrated stage
Discuss
1)
Theft or robbery is either in Af stage or Cf stage ONLY because it is Already PRODUCED upon “the taking of personal property of another…”
The mere TEMPORARY POSSESSION by offender is enough to establish the crime as Consummated.
2)
Rape is either attempted or consummated.
For its consummation, 100% Perfect penetration is NOT essential.
Any penetration of female organ by male organ is enough.
It is attempted if there is NO penetration of female organ because Not All Acts of Execution were done.
RPC Book 1
Conspiracy, as a crime
Conspiracy, as a manner of incurring criminal liability
2 KINDS - discuss
Conspiracy to commit a crime is NOT Punishable except for TRICS treason, rebellion, inciting.., coup d etat, Sedition.
If the crime (subject of the conspiracy) has actually been committed, it shall be DEEMED ABSORBED in the crime. Hence it becomes a Manner of Incurring criminal liability. In such case, all persons in the conspiracy shall be held EQUALLY Liable.
RPC Book 1
Implied Conspiracy
How ?
Reqres active coop or Aprvl
Conspiracy may be implied FROM THE ACTS of two or more persons
before, during and/or after the commission of the crime
POINTING to a JOINT purpose
towards the accomplishment of the SAME Unlawful object.
Mere presence by itself does not create conspiracy. There must be actual cooperation or an approval of illegal act.
Knowledge or agreement to cooperate is not conspiracy. Active cooperation towards common purpose creates conspiracy.
RPC Book 1
Classifications of felonies according to their gravity
Afflictive
Prision Correccional
Arresto Menor
Grave felonies - punished by afflictive penalties (reclusion temporal), reclusion temporal & prision mayor
Less grave felonies - punished by prision correccional and arresto mayor
Light felonies - punished by arresto menor and fine not more than 40K
RPC Book 1
Circumstances that Affect Criminal Liability
Freedm-Intlgn-iNtent
Perversity-totalDisregrdofLaw
Justifying
Exempting
Mitigating
Aggravating
Alternative
JC Art 11 - no criminal liability is produced because the ACTION IS IN ACCORDANCE with the law
EC Art 12 - no criminal liability is produced because the ACT IS NOT VOLUNTARY (due to lack of freedom, intelligence & intent)
MC Art 13 - these circumstances will NOT EXEMPT the accused from criminal liability BUT will REDUCE the Penalty because there is LESSER FREEDOM of action, iNTELLIGENCE or intent
AC Art 14 - these C INCREASES the penalty because there is GREATER PERVERSITY of the offender as shown by
- place of commission
- strong determination
- means employed
AltC Art 15 - its either Mitigating or Aggravating depending on the NEO - nature of the crime, effects of the crime and other conditions attending its commission
RPC Book 1
Justifying Circumstances
D3 AFO
GHefense of oneself (Article 11(1))
Defense of relatives (Article 11(2))
Defense of a stranger (Article 11(3)) - This can be remembered as defending someone you don’t necessarily know but have a duty to protect, like someone being attacked in public.
Avoidance of a greater evil (Article 11(4)) - Imagine a situation where you have to choose between two bad options, and you take the one that causes less harm.
Fulfilment of a duty (Article 11(5)) - This applies to lawful actions taken by someone fulfilling their duty, like a police officer arresting a suspect.
Obedience to a lawful order from a superior (Article 11(6)) - A subordinate following a legal order from their superior can be justified
RPC Book 1
Self-defense, Defense of Relative, Defense of Strangers - JC
Discuss requisites
Defense of PERSONS
a) self-defense
b) defense of a relative
c) defense of a stranger
Defense of their RIGHTS
a) property rights
b) right to honor
c) right to chastity
Common 1 & 2
1) Unlawful aggression
2) Reasonable necessity of the means employed to prevent it
3)
S-D : Lack of sufficient provocation from person defending
DoR : won there is provocation from relative attacked, as long as the person defending had no part therein
DoS : person defending is not induced by revenge or evil motive
RPC Book 1
Unlawful Aggression
Discuss important notes
Unless its w PA, insW are not
An indispensable requirement for JC - Self-defense
Places one’s life in actual danger
Once UA ceases, there is no right to injure another
UNLESS coupled with PHYSICAL ASSAULT, intimidation, insulting words, or threats are Not UA
In defense of property rights, an attack upon the person is not an element to raise this JC
RPC Book 1
Reasonable necessity of means employed
The means must be Reasonable and Necessary
What the law requires is Rational Equivalence considering iNSTINCT more than Reason
The scale of response does not depend on the harm done but upon the IMMINENT danger of the injury
RPC Book 1
Lack of sufficient provocation - element of Defense
For provocation to be sufficient, it should be PROPORTIONATE to the aggression
taking into account
a) time provocation was given
b) place it was made or
c) social standing of person provoked.
RPC Book 1
Defense of Relatives - a JC
SADL4
Relatives whose persons or rights can be defended:
a) Spouse
b) Ascendants
c) Descendants
d) Legitimate, iLLegitimate or Adopted Brothers/Sisters or Relatives by Affinity in same degrees and
e) Relatives by Consanguinity within the 4th Civil Degree
RPC Book 1
Defense of Strangers - a JC
Not R are St
Those not included in Relatives, are Strangers
The one defending a Stranger must be impelled by a Generous Motive
RPC Book 1
State of Necessity
Elements?
When denied?
Eg. Driving ambulance during flooding on a private prop damaging its fence to save lives.
( avoidance of greater evil ) - a JC
Inj FEARED is Greater than…
No other Less Harmful
In order to avoid a greater injury – any person who causes damage to another for this, will not incur criminal liability if the ff are present;
- evil to be avoided Actually Exists
- injury feared is Greater than what is done to avoid it AND
- there is no other less harmful means of preventing it.
This defense is not available if;
a) evil to be avoided is merely expected
b) there is no negligence, imprudence, or violation from the accused
Civil Liability arises for those persons which benefits from this.
RPC Book 1
Fulfillment of Duty - a JC
Requisites
PerfD or Ler &
Neces Conseq
1) accused acted in performance of duty or lawful exercise of right AND
2) injury caused is the necessary CONSEQUENCEof above.
RPC Book 1
Obedience to an Order - a JC
Requisites
- order has been issued by superior;
- order is for a lawful purpose; AND
- means used by subordinate is lawful
Tabuena vs Sandiganbayan - Even if the order is illegal but the subordinate is not aware of its illegality, latter is not criminally liable. There is a mistake of fact done in good faith.
RPC Book 1
Exempting circumstances
2
Ins - comp dep of int
Imb - mental cap 7yo
Insanity - complete deprivation of intelligence during the act. However if an insane person acted during his lucid interval, he is criminally liable.
Imbecile/Idiot - although advanced in age, the mental capacity is comparable to a child below 7 yo
RPC Book 1
Age of the Offender / Child in conflict of the law - element in ExC
<15 exC
15 and below = an exempting circumstance
> 15 & <18 & WithOUT discernment = Exempting
> 15 & <18 but With Discernment = Privileged Mitigating
<18 for crimes of Prostitution, Mendicancy, Sniffing Rugby (WON w
Discernment = Exempting
> 18 but < 70 = Full responsibility
> 70 yo = generic mitigating
RPC Book 1
Duress - ExC
2
IrrFo = V
UnconFe = intim / Threat
Irresistible force vs Uncontrollable Fear
Means Used = IF used Violence or Physical Force while UF used intimidation or Threats
To whom directed = IF is against the accused while UF was against accused or 3rd person
Degree of Injury Feared = IF has lesser degree than damage caused by accused while in UF the fear is Greater or equal to the damage caused to avoid it
RPC Book 1
Lawful or Insuperable cause - EC
3req
- act is REQUIRED by law
- the person FAILS to perform such act
- his failure was due to an insuperable/overwhelming cause
RPC Book 1
Mitigating circumstances
Distinguish the 3 Classifications - G/o vs P vs S
Generic/Ordinary MC
- can be offset by an aggravating circumstance
- if not offset, penalty is reduced to the Minimum period if penalty is divisible
Privileged MC
- can NOT be offset by any aggravating circumstance
- penalty is reduced by one Degree but in case of minority, at least 2 degrees
Special MC
- can NOT be offset by any AC
- penalty to impose is that of required by law
RPC Book 1
Incomplete»_space; Justifying/Exempting circumstance
State the principles
Privileged Mitigating
- achieved if majority of the requisites of circumstance is proven by the accused
Generic Mitigating
- if not a majority is proven
Rule: if a circumstance has only 2 requisites, presence of 1 is a majority
Example: Incomplete Self-defense or incomplete defense of relative
- mandatory requirement: there is Unlawful Agrression
- there is privileged mitigating circumstance if 2 of 3 elements are proven, or if 1 of 2 elements is proven.
RPC Book 1
Minor or “over 70” - MC
Child” refers to a person under the age of eighteen (18) years
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No intent to commit so grave a wrong - a MC
How do you determine the intention of accused?
The attitude of accused Before, During, & After commission of crime may be considered.
The intent may be based on WEAPONS used, PART of body injured and the WAY it was inflicted.
Circumstance is appreciated in favor of accused if he committed a crime which he does not intend to commit (Praeter Intentionem)
RPC Book 1
Threats or Provocation - a MC
3 requirements
Is threat same as unlawful Aggression
- Threat must be PROPORTIONATE to the crime committed
- Threat originates FROM victim
- Threat must be IMMEDIATE to the commission of crime
Sufficient/Proportionate - depends upon social standing of person provoked, the place & the time the threat was made
Threat or provocation must Not be Positively Strong (eg. its accompanied by Act showing the intention of victim to make good of his threats). In this case, its already an unlawful aggression that could give rise to self-defense.
RPC Book 1
Vindication of a Grave offense - a MC
2Req
Grave offense vs Spouse asc desc
Immed vindi
- grave offense was done to the person committing the crime, his spouse, ascendants, descendants, legitimate or illegitimate or adopted brothers/sisters or relatives by affinity
- the crime/felony was committed in IMMEDIATE vindication of such grave offense
Grave Offense - any ACT that is Offensive to the aggressor or his relatives and the same Need NOT be unlawful, much less a crime punished by RPC
A lapse of time is allowed as long as that period due to gravity of the offense influenced the felony inflicted
RPC Book 1
Passion or Obfuscation (confusion)
3 req - immed & no ill mot
Vindication of a Grave offense vs Confusion/Obfuscation/Passion
- there must be Unlawful act ENOUGHT TO PRODUCE P/O
- Immediate - the length of time between the crime and this unlawful act that caused Confusion/Obfuscation/Passion is Close enough to mitigate
- The COP is not motivated by Revenge or illegal motive
The grave offense Need Not be iLLegal while in COP, the act must be UNLAWFUL.
Lapse of time is allowed in Vindication but in COP, the Unlawful Act must IMMEDIATELY Precede the felony of the person alleging MC
RPC Book 1
Voluntary Surrender - MC
Spont
Saves auth C & T
- offender is Arrested
- offender Surrenders himself to a PIA person in authority
- surrender is Voluntary
It is voluntary if its spontaneous either because he acknowledged his guilt or wishes to save authorities the trouble for his capture.
Despite a PENDING Warrant of arrest, accused may still avail this MC (eg. the WOA was not yet served on him prior to VS)
RPC Book 1
Confession of Guilt - MC
4req
In OPEN C
Prior to P of E
- accused Voluntarily Confessed his guilt
- confession is in Open Court
- confession is PRIOR to presentation of evidence by prosecution
- accused Pleaded Guilty to the offense charged
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Illness of the Offender
Weakems Wilf
The Revised Penal Code recognizes illness that weakens an offender’s willpower as a mitigating circumstance, potentially reducing punishment, like a robber acting under the influence of a severe fever.
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Physical Defects - an MC
Defect must have a Direct Connection to the crime comitted
- deaf, dumb, blind
- restricts his means of actions with fellow human beings
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Similar and analogous circumstances
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Restitution in Malversation, Theft, Robbery, and Estafa
Restitution is similar to voluntary surrender but it must be treated separately.
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Aggravating Circumstances
Requirements to be considered by court - 2
- Must be ALLEGED in the information &
- must be PROVEN by prosecution.
The quantum of proof required is the same as when proving the guilt of accused - proof beyond reasonable doubt.
RPC Book 1
Classifications of Aggravating circumstances
A. List & explain the 5 AC
B. Generic AC vs Qualifying AC vs Special AC
A.
1. Generic/Ordinary AC - generally Applicable to ALL crimes such as recidivism & habituality
- Specific AC - applies Only to specific crimes such as Disregard of rank, age or sex of offended party for crimes against persons or honor; and cruelty as AC applies to crimes against persons
- Qualifying AC - this ac CHANGES the Nature of crime eg. treachery turns homicide to murder
- Inherent AC - these ac are a) ELEMENTS of the crime or
b) those necessarily ACCOMPANY the commission of crime, or
c) those which are crimes in THEMSELVES, such as dwelling ( in trespass to dwelling) or by means of fire (in destructive arson felony) or the abuse of public position (in falsification under RPC)
NOTE: this AC has NO EFFECT on accused’s criminal liability - Special AC - those that arise under Special Conditions to INCREASE the PENALTY of the offense
- eg. quasi-recidivism, complex crimes, membership in criminal syndicate
B.
Offsets:
Generic can Be Offset by a MC, Qualifying AC can NOT be Offset by a mitigating circumstance, while Special AC Can NOT be offset by MC
Effects:
Generic AC if Not Offset, they increase the imposable penalty to the maximum period but should not exceed the limit set by law
Qualifying AC gives the crime its Proper & Exclusive Name; penalty is what the law provides.
Special AC, the penalty is what the law provides
RPC Book 1
Abuse of Public position - AC
When is this not an AC?
Influence
the public officer must use the influence for his purpose
this AC is inherent in a. crimes committed by public officer & b. falsification committed by public officers
not AC if accused can commit the crime even without his public position
this cannot be offset by MC
RPC Book 1
In contempt of or with Insult to Public Authorities - AC
4req
- public authority is in discharge of duties
- PA is Not the Person against whom the crime is committed
- offender Knows him to be a public authority
- PRESENCE of PA did not stop offender from committing the crime
If the crime is committed Against the PA, the offender may be guilty of Direct Assault & that contempt of PA is absorbed
Teachers are public authority but not in this provision.
RPC Book 1
Disregard of Rank, Age, or Sex - AC
How did these become AC
Rank - the social condition of offender and victim, with the offender occupying a higher position than victim
Age - to be AC, there must be great discrepancy in ages between offender and victim
Sex - when victim is Female
There must be INTENT to Disregard RAS of the victim
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Dwelling - when AC
Define
What happens if victim is NOT an Owner of the Dwelling
When is this Not an AC
Dwelling is any part of the house including staircase and terrace
The law protects the Sanctity of the Home regardless if victim is just a lessee or bedspacer.
RPC Book 1
Other instances where Dwelling is NOT Aggravating
When inh
Not 100%
Both res
Dwelling is Not AC when;
a. both offender & victim reside in the same dwelling
b. In a) robbery with use of force upon things & b) Trespass to dwelling - Dwelling is not AC due to it being Inherent in the crime
c. If the building WHERE crime was committed is not 100% Dwelling
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Abuse of Confidence / Obvious Ungratefulness - AC
Requirement
The confidence between the parties must be Immediate & Personal.
Its an AC when culprit took advantage of the confidence given by victim.
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AC:
Palace of Chief Executive, in his presence;
Place of Worship
Place where public officers are in discharge of duties
In contempt of PA -AC vs Place where PA discharges
The offender must have DECIDED to commit the crime in these places
In the former, PA should NOT be the Offended party. Also, the crime was committed OUTSIDE the office of PA
In the latter, PA may or may not be the offended party. It is committed INSIDE office of PA.
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AC:
Nighttime (nocturnidad),
Band (cuadrilla), or
Uninhabited Place (despoblado)
Nighttime - is an AC when crime is done under the cover of DARKNESS
Band - is an AC when perpetrators are at LEAST 4 ARMED offenders
UP - scene of the crime Provides NO POSSIBILITY of receiving help for the victim
NBU by itself are not AC unless any of the ff are present:
1. NBU was taken advantage of by offender
2. NBU was sought to insure IMPUNITY or
3. NBU FACILITATED Commision of crime
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On the occasion of calamity or misfortune - AC
Took Adv
Effects in Murder & Theft?
Offender must have Taken ADVANTAGE of the CHAOTIC condition in committing the crime
This is a Qualifying Circumstance in Murder and Theft
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Aid of armed men or persons to insure impunity - AC
Aid of armed men vs BAnd
In latter, armed men are Mere ACCOMPLICES while in Band they are PRINCIPALS or Conspirators.
In latter Actual aid is NOT necessary because PSYCHOLOGICAL Aid is Enough.
In band, members must have PARTICIPATED in the commission of crime.
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Recidivism and Habituality (Reiteracion) - AC
What are the 4 Forms of Repetition? Distinguish.
Hd- Frest
A - Recidivism
B - Habituality ( Reiteracion)
C - quasi-Recidivism
D - Habitual Delinquency
For all 4 - accused was PREVIOUSLY Convicted by FINAL Judgment of a crime and is Convicted AGAIN of another
A - in here the previous & current offense must be part of the SAME TITLE in RPC
B - previous offense and new conviction Need NOT be under Same Title But both offenses must be punished under RPC
C - previous & current conviction he is serving may be from RPC/SPL But Again he commits an offense against RPC while serving
D - previous offense for Robbery, Theft, Serious/Less serious PI, Estafa or Falsification Plus the new conviction is from RPC
A - Generic AC, can be offset by MC = increase penalty to Max period if not offset
B - Generic AC, can be offset by MC = increase penalty to Max period if not offset
C - Special AC, can NOT be offset = increase penalty to Max period if not offset
D - Extraordinary AC, can NOT be offset = additional penalty is imposed
RPC Book 1
In consideration of price, reward, or promise
Requirement
When is this not AC
It should be PRIOR to & In Consideration of the commission of crime
Its not AC when offender had OTHER PERSONAL Reasons to commit the crime
PRP may be taken in consideration against BOTH inducer and the person induced to commit the crime
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By means of fire, poison, inundation, explosion, & others involving great ruin
Effects in Murder
Fire-Arson & Explosion-Destruction
Give classic examples
This a QUALIFYING circumstance in murder
Fire is inherent in crime of Arson Art320 while Explosion is inherent for Ar 324 Destruction
If offender with intent to kill, eliminates another by means of fire or explosion - this is murder.
If offender with no intent to kill, destroys a property by fire but resulted to a person getting killed - he is guilty of a) Arson with Homicide, a special complex crime or b) destruction with homicide, an ordinary complex crime.
Inundation is the use of water in commission of crime.
RPC Book 1
Evident Premeditation
Essence
What must be proven by prosecution
When is there no EP
There is DELIBERATE PLANNING before its execution
Prove
1) time accused DETERMINED to commit the crime
2) acts indicating accused SUSTAINED his determination &
3) sufficient LAPSE OF TIME between determination & actual execution
No EP when
a) attack was from rising tempers or heat of anger
b) victim is different from that intended
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Craft, Fraud, or Disguise
Craft involves intellectual trickery
Fraud is direct inducement by deceptive words
Disguise is concealment of identity
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Abuse of superior strength / means to weaken defense
Inequal F
Superior strength means inequality of forces between aggressor & victim & advantageous to the former to facilitate the commission of crime
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Treachery
S u at -
Effect on other crimes
Examples of when there is no treachery
In essence, its the sudden, unexpected, & unforeseen attack on the victim
Its ONLY for crimes against Persons
Examples
1) if meeting between offender & victim was merely by chance
2) killing done at spur of the moment
3) killing was preceded by curses or taunts or aggression
4) victim gave provocation
5) heated altercation precedes the killing
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Circumstances absorbed by treachery
1) abuse of superior strength
2) craft, fraud or disguise
3) BAnd
4) aid of armed men
5) nighttime
6) means to weaken defense
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Ignominy
makes the effects of crime More Humiliating, adds moral suffering to victim
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Unlawful entry
An entrance is effected by a Way NOT intended for the purpose of entry.
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Breaking of wall, roof, floor, door, or window
Breaking a wall, roof, floor, door, or window is an aggravating circumstance in the Revised Penal Code because it signifies a more forceful and DELIBERATE entry into a place to commit a crime.
For example, if a thief sneaks through an unlocked window to steal, it’s less serious than breaking down a door to enter the house, indicating a greater intent to commit the crime.
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By means of motor vehicle
When MV was used
a) in going to the place of crime
b) in carrying the effects thereof
c) in facilitating escape of offender
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Cruelty
there must be a showing that accused DELIGHTED in making victim Suffer Slowly, causing Unnecessary Pain to victim
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Alternative circumstances
Rid
either as
a) Generic AC
b) Generic MC
according to Nature & Effects of crime attending to its commission
1) Relationship
2) Intoxication
3) Degree of Education
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Relationship - alternative C
When is this circumstance inherent?
When is this MC? When is it AC?
Relationship - When will there be no Criminal Liability for
a) Theft
b) Swindling or Estafa or
c) Malicious mischief?
offended party - the spouse, ascendant, descendant,
legitimate/illegitimate,
adopted brother/sister, or
relative by affinity in same degree of offender
Relationship is inherent in parricide
Crimes against Persons - either AC or MC
a) AC in
-serious PI, Homicide, or Murder
-Less serious PI or Slight PI if offended party is relative of HIGHER DEGREE
b) MC in
- Less Serious PI or Slight PI if offended party is a relative of LOWER Degree
Crimes against Property - its a MC
Crimes against Chastity - relationship is AC
No criminal liability but with Civil Liability if committed by
1) Spouse, ascendant or descendant, or relatives by affinity in same line
2) WIDOWED spouse with respect to property of deceased
3) Brothers Sisters and bro/sis in law if LIVING TOGETHER
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Intoxication - alternative C
Drugs?
MC - if intoxication is 2 NOT Habitual & not INTENTIONAL
AC - if intoxication is HABITUAL OR INTENTIONAL
Under influence of Drugs is always AC
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Degree of instruction and education - alternative C
MC - if with LOW degree of instruction
AC - if with HIGH degree of education AND offender used this to commit the crime
Persons Criminally Liable - Degree of Participation
Principals > Accomplices > Accessories
1) P are conspirators while Accom & Acces are NOT conspirators
2) Participation - P participates Before, During, & After commission of crime
Accom only Before & During
Access only AFTER
3) CFA - P and Accomp may be liable for CFA felonies, while Access may ONLY be liable for C & F felonies
4) Penalty - P as prescribed by law, Accomp is 1 degree Lower, Access has 2 degrees lower
Principals by Direct Participation
2 requisite
Cons
Pers
- PDP CONSPIRED in the criminal resolution &
- PDP PERSONALLY took part in Execution by Direct Acts
Principals by Inducement
What are the Forms of inducement (3)
- Violence, Threats or Intimidation - only the inducer is liable as the other person may be under duress.
- Price, reward or promise - both persons are liable
- Words of Command - both inducer & induced are liable
Price Reward or Promise - under Principals by inducement
2 reqs
- Inducement made directly to produce the crime
- inducement is the Cause for committing the crime
Words of Command
5 reqs
- Inducer had intention to commit the crime
- He has moral Ascendancy over the other person
- Words said are Direct & powerful
- Verbal statements made are PRIOR to commission of crime
- Material executor had no personal reason to commit the crime
Principals by Indispensable cooperation
2Req
Join
Coop
- PIC joined in the criminal resolution
- They cooperated in the commission of offense
Accomplices
An accomplice is someone who COOPERATES in the execution of a crime BEFORE OR DURING the acts, but is NOT Considered a principal offender. Here’s a breakdown:
- Not a Principal: Unlike principals who directly commit the crime or directly force others to do it, accomplices play a supporting role.
- Cooperation through Acts: Their cooperation involves actions, either done beforehand (previous acts) or at the same time (simultaneous acts), that contribute to the crime’s execution.
EXAMPLES
* Lookout: Someone who watches for authorities while others commit a robbery.
* Getaway Driver: A person who drives the getaway vehicle after a crime is committed.
* Supplier: Someone who provides tools or weapons used in the crime.
* Accomplice in Theft: A person who helps distract the owner while another steals something.
Remember: The key distinction is that accomplices ASSIST in the crime, but DON’t directly perform the MAIN criminal act.
Principals by IC vs Accomplices
Principals by IC participates in the criminal resolution (conspiracy). Accomplices- no conspiracy
P by IC are AUTHORS of the crime while Accomplices MERELY AGREES to the plan and HELPED in its accomplishment
P is indispensable while A is dispensable to the commission of crime.
Accessories
They have KNOWLEDGE of the commission of crime But
Did Not Participate as Principal or Accomplice Because
the participation is ONLY any of the following
a) PROFITING from effects of crime
b) CONCEALING the body of the crime OR
c) HARBORING or ASSISTING the escape of the Principal
Accessories
Profiting by the effects of the crime -
The crime must not be
1. Light felony or
2. Robbery or Theft - it may be Fencing instead
Accessories
Concealment / Destruction of body of the crime
What is corpus Delicti
purpose : To PREVENT discovery of crime
in this category - anyone may be liable as accessory provided the crime is NOT Light Felony
Corpus Delicti or Body of the crime refers to
1) fact that a crime happened AND
2) a person is liable for that act.
Harboring, concealing or assisting the principal to escape
Public officers v Private individuals
if made by Public Officers - must have abuse public functions
if made by Private individuals - if he is a public officer, he did NOT abuse his public function
If P has committed a Light Felony, Public officer is liable for “Obstruction of Justice”
Accessories Exempt from liability
Spouse
Ascendant
Descendant
Legitimate / Illegitimate / Adopted Brother or Sister
Relative by Affinity within Same Degree
Multiple crimes (3)
OCC
SCC
COCC
‘Necessary’ in this context does not mean indispensable, otherwise it will be an essential element.
Note : in Forcible abduction with Rape, FA was only necessary for the first rape.
Subsequent rapes can no longer be a separate Complex crime of FA w rape. They should be detached and considered independently of the forcible abduction
- Ordinary Complex crimes ( OCC ) - Multiple Murder, Forcible Abduction w Rape, Direct assault w Homicide
- Special Complex crimes or Composite crimes ( SCC ) - Robbery w Homicide, Rape w Homicide, Kidnapping w Rape, SPL: Carnapping w Rape
- Continued or continuous crimes ( CoCC) - Theft of 2 or more personal properties from same place & same period of time
Commonality:
a) 2 or more crimes are ACTUALLY COMMITTED but in the eyes of the law, they constitute Only ONE CRIME.
Hence, Only ONE PENALTY is imposed.
b) Applicable to RPC & Special law except for OCC which applies ONLY to RPC
OCC has 2 types
Type 1 - a Single Act constituting 2 or more Grave/Less grave felonies or
Type 2 - the Commission of an offense as a NECESSARY MEANS of COMMITTING another crime ( aka Complex Crime Proper)
Penalty: use the one for Most SERIOUS offense & in the maximum period
SCC - results from DIFFERENT ACTS or that one offense may NOT be NECESSARY for the commission of another crime
Penalty: as prescribed by law because the composition of felonies is fixed by law
CoCC - Only one CRIMINAL RESOLUTION resulting to SERIES of DIFFERENT ACTS (felonies)
Penalty: as prescribed by law
Pardon by the Offended party
Public crimes vs Private crimes
Effects of Pardon by Offended party
For Public crimes
a) all crimes except those identified as private crimes
b) criminal action is NOT Extinguished ( except rape where pardon by offended spouse Extinguish Both criminal & civil liability )
c) civil liability can be extinguished by Express Waiver
For Private crimes
a) Adultery / Concubinage / Acts of Lasciviousness / Qualified Seduction / Simple seduction / Consented acts of Lasciviousness / Forcible abduction / Consented abduction and Private Libel
b) Criminal action is EXTINGUISHED
c) civil liability is extinguished by express waiver
Preventive imprisonment
Define
It is the Detention of accused WHILE being Prosecuted for a crime, either because
A) he is charged of a non-bailable offense or
B) if bailable, he cannot put up the required bail
Rule: The period DURING which the accused SERVED preventive imprisonment shall be DEDUCTED from the penalty of imprisonment as follows;
a) Full Time of Imprisonment - if he agrees in WRITING to ACCEPT Same Rules imposed on Convicted prisoners
Except if he is a Recidivist or Convicted twice or more of ANY CRIME
b) 4/5 of the preventive imprisonment served - 80% if he does not agree in writing
Penalties
Reclusion Perpetua vs Life Imprisonment
I. Deprivation of Liberty
1. Gravity
2. Nature
II. Fine
1. Afflictive - > 1.2M
2. Correctional - > 40K up to 1.2M
3. Light - 40K or less
RP is for crimes in RPC/SPL while LI is only for SPL
RP has definite duration - 20Y 1D to 40Y
Li - No Definite duration
Fines
II. Fine
1. Afflictive - > 1.2M
2. Correctional - > 40K up to 1.2M
3. Light - 40K or less
Duration of penalties
Penalty»_space; Duration»_space; Minimum-Medium-Maximum
Application of penalties
Rules when there is are MC & or AC
If there is one INDIVISIBLE PENALTY - that is to be applied REGARDLESS of any MC or AC
Although reclusion perpetua has a Definite duration, it remains to be an indivisible penalty. When its prescribed, its imposed WITHOUT a fixed period for its duration regardless of any MC or AC.
Indivisible P – those which do not have fixed duration, like death, reclusion perpetua, perpetual absolute or special disqualification, public censure.
Divisible P– those which have a fixed duration and are always divisible into three periods, namely: maximum, medium and minimum, like prision mayor.
Indeterminate Sentence Law Act 4103
What is Indeterminate sentence
When ISLAW applicable (mandatory)
Who are disqualified?
What is the rule for applying indeterminate sentence for a. RPC & b. Special law?
Heinous cr, fixed pen, repeat offenders
Its the penalty of iMPRISONMENT that consists of a RANGE of years (such as five to ten years) and not a fixed time.
Mandatory for penalty of imprisonment EXCEEDING 1 year
Disqualified offenders:
1. those punished w Death penalty or Li or Reclusion Perpetua
2. when convicted of Treason / Conspiracy or Proposal to commit Treason / Misprision (failure to prevent) of Treason / Rebellion / Sedition / Espionage
3. when convicted of piracy
4. those who Escaped confinement or evaded sentence
5. when accused have Violated terms of conditional pardon granted to them;
6. when Maximum term of imprisonment does NOT go beyond 1 year
The sentence for both RPC and SpL should SPECIFY the MAXIMUM & MINIMUM terms of imprisonment.
For RPC, the MAX term should be the prescribed penalty after AC/MC while the MIN term should be the Next Lower within the range of penalty
For SpL, MAX term of imprisonment must Not Exceed the Prescribed penalty while the MIN term must not be LESS than the prescribed penalty.
Effects of Penalties for
- PTAD
- PTSD
- Susp
- Ci
- Destierro
R2of
R2v
Civ rights
PENALTIES
- Perpetual/Temporary Absolute Disqualification
- this may be a Principal penalty or just an Accessory penalty
- there will be a Deprivation of Right to HOLD PUBLIC OFFICE, & to VOTE
- this is accessory to the penalty of Death, Reclusion Perpetua & Temporal
- perpetual/temporary SPECIAL Disqualification
- may be a principal or an accessory penalty
- deprivation of the OFFICE, EMPLOYMENT, or PROFESSION subject matter of the disqualification
- deprivation of the Right to VOTE & to be ELECTED to public office
- this accessory to the penalty of Prision Mayor
- Suspension
- may be a Principal or Accessory penalty
- disqualification to hold OFFICE, PROFESSION, & right to VOTE
- accessory penalty of Prision Correccional
- Civil INTERDICTION
- an Accessory penalty
- Deprivation of right to
a. parental authority
b. marital authority
c. manage his property but Can only Dispose by Will or Donation
d. accessory penalty of Death, Reclusion Perpetual & Temporal
- Destierro
- this is a Principal penalty
- convict is PREVENTED to ENTER the Place DESIGNATED or within specified RADIUS of not more than 250 km but NOT LESS than 25 km therefrom
Pecuniary penalties / Fines
In the Revised Penal Code of the Philippines, pecuniary penalties refer to FINES imposed as punishment for a crime.
These are MONETARY SANCTIONS the offender must pay.
Here’s an illustration:
- Crime: Article 335 of the Revised Penal Code penalizes reckless imprudence resulting in damage to property.
- Pecuniary Penalty: If someone is found guilty of recklessly damaging another’s car (reckless imprudence), they might be sentenced to a fine (pecuniary penalty) as part of the punishment, along with potential imprisonment depending on the severity of the damage.
The specific amount of the fine would be determined by the court based on the gravity of the offense and other factors.
Order of payment
Rep
Con
1st - REPARATION of damages caused
2nd - payment of Consequential damages
3rd - payment of Fine
4th - payment of Costs of Proceedings
Subsidiary imprisonment
When imposed? how determined
Rules
1day per minW but not >33%, not >1y
Imposed when there is Failure to Pay FINE
It will be imprisonment of 1 day for Each amount equivalent to HIGHEST Minimum WAGE Rate at Time of Conviction
If penalty is LESS than 6 years of imprisonment : period of subsidiary imprisonment will NOT be More than 1/3 of the sentence AND Not More than One Year
If penalty is MORE than 6 years of imprisonment:
There is NO subsidiary imprisonment
When felony committed is Different from that Intended
ERROR IN PERSONAE
Crime actually COMMITTED vs crime INTENDED
APPLY the penalty of the crime with LOWER PENALTY (eg. favorable to the accused) But IMPOSE at the MAXIMUM period
Service of Sentence
Art 70 RPC
Multiple Sentences
Rules on Service
The rule is to serve the sentence SIMULTANEOUSLY / TOGETHER if the Nature of the penalty PERMITS it.
eg. for P/T Disqualification, Suspension, Destierrro, Public Censure, Fine, & Payment of costs
Otherwise, SUCCESIVE service of sentence in the order of SEVERITY, most severe FIRST
Note
3Fold rule Limitation: the MAX Duration shall NOT be more than 3Fold the length of time corresponding to the most severe of the penalties imposed which is not more than 40 years
Suspension of sentence - of CICL
children in conflict w Law - STATE THE RULE
Under 18 at time of Commission of Offense -
Suspended sentence»_space; to continue even if the juvenile is already 18 years of age at time of promulgation
So after reaching 18 years old, the court shall DETERMINE WON
A) to Discharge the child, or
B) to order execution of sentence, or
C) to extend the suspended sentence until the child reaches the maximum age of 21 years old
Probation Law PD968
Probation is a court-imposed sentence allowing a convicted offender to remain in the community under supervision instead of serving prison time, subject to specific conditions.
What is Probation?
What are the requirements for its application? When it’s applied by the accused, what is the effect?
What is the general rule on the application for probation? exception?
It is the administration/disposition, under which an accused, AFTER conviction & sentence, is RELEASED subject to Conditions imposed by the court and supervision of a Probation officer.
The application must be: 3W
1. In WRITING
2. Filed WITH court that RENDERED judgment &
3. Filed WITHIN THE Period to perfect the appeal
Application for probation is deemed a WAIVER OF RIGHT TO APPEAL
Reason: Appeal & Probation are mutually exclusive remedies as they rest on diametrically opposed legal positions.
The application for probation is an Admission of Guilt.
GR:
No application for probation shall be entertained or granted if the accused has perfected the appeal from the judgment of conviction.
Exception:
When a judgment imposing a non-probationable penalty is appealed AND such judgment is modified through the imposition of a Probationable penalty - ALLOWED!
Exception to the exceptions: When there are several accused where others have taken further appeal leading to Non-probationable to Probationable penalty, other accused may apply for probation.
Probation Law
Disqualified offenders
Who are not allowed to apply for probation?
- offenders SENTENCED to serve a Max Term of MORE than 6 years
- offenders CONVICTED of any crime AGAINST the National Security
- those PREVIOUSLY CONVICTED of final judgment for an offense with
a) more than 6 months and 1 day imprisonment as penalty OR
b) a fine of more than $1,000 - offenders who WERE ONCE on Probation
Probation Law
Period of probation - What are the periods accused is put under probation/
Penalty: 1 year and BELOW Imprisonment
Period for Probation: Not more than 2 years
Penalty: MORE than 1 year Imprisonment
Period for Probation: Not more than 6 years
Penalty: SUBSIDIARY imprisonment in lieu of Fine
Period for Probation: Not less than the total number of days of the Subsidiary imprisonment BUT can NOT be More than Twice
Extinction of criminal liability
What are the 2 types of extinction of criminal Liability and its subtypes?
A.
Total extinction of criminal liability
1. Death of accused
2. Service of sentence
3. Amnesty and absolute pardon
4. Prescription of crimes
B.
Partial extinction
1. Conditional pardon
2. Commutation of sentence
3. Good conduct allowance
4. Special time allowance for loyalty
5. Parole
Extinction of criminal liability
Total Extinction
Death of Accused - State the rule Before & After FOJ?
Before finality of Judgment
1. Criminal liability is extinguished - same with AFTER FOJ
2. Civil liability based on Delict is Extinguished
3. Civil liability based on other sources of Obligation (Law, Con, QC, & QDelict) SURVIVES - Same with After FOJ
4. If not extinguished, civil liabilities may be enforced via a separate civil action
AFTER FOJ
1. Same above
2. Civil liability based on Delict SURVIVES
3. Same above
4. Civil liabilities are enforced via a writ of execution
Extinction of criminal liability
Total Extinction
Amnesty vs Absolute Pardon - Distinguish 5 points
- AUTHORITY
- Amnesty: Granted by the **President WITH CONCURRENCE OF CONGRESS through a proclamation. (Art. VIII, Sec. 19, 1987 Philippine Constitution)
- Absolute Pardon: Granted by the PRESIDENT ALONE through an executive order.
- BENEFICIARIES
- Amnesty: Applies to a GROUP OR CLASS of persons** who may have committed POLITICAL offenses. (G.R. No. L-1278 - LawPhil [lawphil.net])
- Absolute Pardon: Applies to a SPECIFIC INDIVIDUAL who has already been convicted of a crime (not necessarily political).
-
Effect on the Crime and Penalty:
-
Amnesty:
EXTINGUISHES the CRIMINAL liability for the offense and removes all disabilities resulting from the conviction (if any). (limited cases) -
Absolute Pardon: Forgives the penalty but DOES NOT ERASE THE FACT OF CONVICTION
. The person may still face civil disabilities attached to the crime.
-
Amnesty:
Additional Notes:
* Amnesty is a broader act of forgiveness for a group, while an absolute pardon focuses on a single individual and the consequences of their conviction.
* Amnesty is typically used for political offenses, while absolute pardon can apply to any crime.
Extinction of criminal liability
Total Extinction
Prescription of crimes - crimes Punishable by (its prescriptive period)
What is the prescriptive period? (to elapse so the criminal liability is extinguished)
DEFINITION:
Prescription refers to the lapse of time after which a crime can no longer be prosecuted.
ARTICLE
Article 90 of the Revised Penal Code outlines the prescription period for different categories of crimes.
CATEGORIES & PERIODS
* Crimes punishable by death, reclusion perpetua, or reclusion temporal: 20 years
* Crimes punishable by other afflictive penalties: 15 years
* Crimes punishable by correctional penalty: 10 years (except arresto mayor)
* Arresto mayor: 5 years
* Libel or similar offenses: 1 year
* Oral defamation and slander by deed: 6 months
* Light offenses: 2 months
STARTING POINT:
The prescription period starts FROM the day the crime is COMMITTED. If the crime is initially unknown, the clock starts ticking UPON DISCOVERY and initiation of legal proceedings.
INTERRUPTION:
The prescription period can be interrupted by the FILING of charges against the accused.
If the case is dismissed for reasons not constituting double jeopardy (being tried for the same crime twice), the prescription period resumes from the dismissal.
Extinction of criminal liability
Total Extinction
Prescription of crimes - category of Crime (its prescriptive period)
If
Fine or imp not more than 1 month - prescribes 1 year
Imp> 1 month but less than 2 years - prescribes 4 years
Imp>2 years or more - prescribes 8 years
Imp>6 years or more - 12 years
violation of ordinances - prescribes 2 months
Extinction of criminal liability
Total Extinction
Prescription of crimes - Violation of Special Penal laws (its prescriptive period)
Extinction of criminal liability
Total Extinction
Prescription of Penalties
- begins to run only when the convict EVADES the service of sentence by ESCAPING during term of sentence
Penalties
Rec Perpetua - prescribes 20 years from escape
Rec Temporal or Prision Mayor - prescribes 15 years
Prision correccional - prescribes 10 years
Arresto Mayor - prescribes 5 years
Light penalties - prescribes 1 year from escape
Partial Extinction of Criminal liability
4
Conditional pardon - revocable & with conditions
Commutation of sentence - President reduces term
GCA - for good behavior
Parole - suspension of sentence and RELEASE AFTER serving the MINIMUM penalty, authorized by Board of Pardons
Civil Liability arising from crimes
Subsidiary civil liability of Proprietors (Owner/Operator) of establishments
In DEFAULT of persons criminally liable, proprietor owner will be CIVILLY LIABLE
- for crimes committed IN THEIR ESTABLISHMENTS &
- for restitution of goods TAKEN or for PAYMENT OF VALUE provided the guests have a) notified in advance the establishment and b) followed the directions from establishment
- no civil liability from Proprietor owner if its Robbery with Violence except if committed by own employees
Civil Liability arising from crimes
Subsidiary civil liability of Employers
This subsidiary liability need NOT BE EXPRESSLY PRONOUNCED in the Judgment as it is DEEMED written.
Requisites:
1) Er-Ee relationship
2) Employee is Guilty &
3) Employee is insolvent = Assets < Liabilities
