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
RPC Book 1
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
RPC Book 1
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.
RPC Book 1
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
RPC Book 1
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
RPC Book 1
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.