YVETTE LIM 1A

CRIMINAL LAW

INTRODUCTION

CRIMINAL LAW- is that branch or division of law which defines crimes, treats of their
nature, and provides for their punishment

CRIME- is an act committed or omitted in violation of a public law forbidding or
commanding it.

Sources of the Philippine Criminal Law
1. Revised Penal Code
2. Special Penal laws-passed by the Philippine Commission, Philippine Assembly,
Philippine Legislature, National Assembly, Batasang Pambansa and Congress
of the Philippines.
3. Penal presidential decrees issued during Martial Law

COMMON LAW CRIMES- body of principles, usage and rules of action, which do not
rest for their authority upon any express and positive declaration of the will of the
legislature, are not recognized in this country.
Unless there be a particular provision in the penal or special penal code, even
if socially or morally wrong, no criminal liability is incurred (US vs Taylor)
Court decisions are not sources of criminal law, because they merely explain
the meaning of, and apply, the law as enacted by the legislative branch of the
government.

POWER TO DEFINE AND PUNISH CRIMES
The state under its police power has the authority to define and punish
crimes and to lay down the rules of criminal procedure. (People vs Santiago)

LIMITATION ON THE POWER OF THE LAWMAKING BODY TO ENACT PENAL
LEGISLATION-The bill of rights imposes the following limitations:
1. No ex post facto law or bill of attainder shall be enacted
o Prohibits the passage of retroactive laws
o An ex post facto law is one which
Makes criminal an act done before the passage of the law
and which was innocent when done, and punishes such an
act (makes an innocent guilty)
Aggravates a crime, or makes it greater than it was, when
committed (makes a crime greater)
Changes the punishment and inflicts a greater punishment
than the law annexed to the crime when committed (Makes
the punishment graver)
Alters the legal rules of evidence and authorizes conviction
upon less or different testimony that the law required at
the time of the commission of the offense. (Alters weight of
testimony)
Assumes to regulate civil rights and remedies only, in effect
imposes penalty or deprivation of a right for something
which when done was lawful; and (deprivation of right)
Deprives a person accused of a crime some lawful
protection to which he has become entitled such as the
protection of a former acquittal or a protection of amnesty
(deprives lawful protection, such as amnesty).
o Congress is prohibited to pass laws which would inflict punishment
without judicial trial.
Bill of attainder- is a legislative act which inflicts punishment
without trial. Its essence is the substitution of a legislative
act for a judicial determination of guilt (People vs Ferrer)
2. No person shall be held to answer for a criminal offense without due process
of law
o Criminal laws must be of general application and must clearly define
the acts and omissions punished as crimes.

CONSTITUTIONAL RIGHTS OF THE ACCUSED-BILL OF RIGHTS
Right of Speedy disposition of their cases
Right to Due process
Except for reclusion perpetua when evidence of guilt is strong, shall be
bailable by sufficient sureties before conviction
Accused will be presumed innocent, right to be heard by himself and counsel,
informed of the nature of his case and meet the witness face to face
No person shall be compelled to be a witness against himself
Excessive fines shall not be imposed or degrading punishment be inflicted
No person shall be twice put in jeopardy of punishment of the same offense
Free access to courts and quasi judicial bodies will not be denied to anyone

STATUTORY RIGHTS OF AN ACCUSED
To be presumed innocent until proved beyond reasonable doubt
Informed the nature and cause of accusation
To be defended in person and by counsel
To testify as witness on his own behalf
Exempt from being a witness against himself
To confront and cross-examine witness against him in court
Compulsory attendance of witnesses and production of evidence
Speedy, impartial public trial
Allow appeal in all cases allowed

Right to be confronted and cross-examined is a right that can be waived
(Personal right)
Right to be informed of the nature and cause of accusation is a right cant be
waived (Right involving public interest)

CHARACTERISTICS OF CRIMINAL LAW
1) General-Criminal Law is binding on all persons who live or sojourn in the
Philippine territory
o Civil Courts have concurrent jurisdiction over murder cases
committed by persons subject to military law. (even in times of war)
o Civil Courts have jurisdiction over offenses of malversation
committed by an army finance officer
o When the military court takes cognizance of the case involving a
person subject to military law, the Articles of War shall apply not the
penal laws
o Service connected offenses shall be tried in court-martials
o Court martial may consider the penalty prescribed in the penal laws
o The President of the Philippines before arraignment may direct to
civil courts the cases even if service oriented
o Service connected crimes according to Articles of WAR or CA 408
Disrespect towards president
Disrespect towards superior officer
Mutiny or Sedition
Conduct unbecoming an officer and a gentleman
General article
o Offenders accused of war crimes are triable by military commission

EXCEPTION TO THE GENERAL APPLICATION OF CRIMINAL LAW

Bases Agreement-March 14,1947 to September 16, 1991
o An offense committed by any person within any base except where
the offender and the offended party are both Philippine Citizens
(not members of the armed forces of the United States on active
duty) or the offense is against the security of the Philippines
o Any offense committed outside the bases by any member of the
armed forces of the United States in which the offended party is also
a member of the armed forces of the United States (us vs us)
o Any offense committed outside the bases by any member of the
armed forces of the United States against the security of the United
states (US vs US state)

RP-US visiting force accord (signed on February 10, 1998)
o US military shall have the right to exercise within the Philippines all
criminal and disciplinary jurisdiction conferred on them by the
military law of the US over US personnel in RP
o US authorities exercises exclusive jurisdiction over US personnel with
respect to offenses, including offenses relating to the security of the
US punishable under the law of the US, but not under the laws of RP
o US military authorities shall have the primary right to exercise
jurisdiction over US personnel subject to the military law of the US in
relation to: 1) offenses solely against the property or security of the
US or offenses solely against the property or persons of US
personnel; and 2) offenses arising out of any act or omission done in
performance of official duty.

RA 75
o Republic Act 75 or the preferential application in favor of diplomatic
representatives and their domestic servants
o Exception: Is a Filipino citizen and is founded upon a debt contracted
before he entered upon such service; and the domestic servant is
not registered with DFA and transmitted by the Sec of Foreign Affairs
to the chief of police of the city of Manila.
o RA 75 is not applicable when the foreign country adversely affected
does not provide similar protection to our diplomatic
representatives

2) Territorial

3) Prospective
EXCEPTIONS TO THE PROSPECTIVE APPLICATION OF CRIMINAL LAWS
Whenever a new statute dealing with crime establishes conditions MORE
LENIENT OR FAVORABLE to the accused, it can be given a retroactive effect.
This exception has no application to:
o Where the new law is expressly made inapplicable to pending
actions or existing causes of action
o Where the offender is a habitual criminal


EFFECTS OF REPEAL ON PENAL LAW
MAKES PENALTY LIGHTER-new law shall be applied except if the criminal is
habitual delinquent or when the law is made not applicable to pending action
or existing causes of action.
MAKES HAVIER PENALTY-the law in force at the time of commission will
prevail
TOTAL REPEAL (OLD LAW IS NO LONGER PUNISHABLE)- crime is obliterated
o Repeal should be absolute and not a reenactment or repeal by
implication
A person erroneously accused and convicted under a repealed statute may be
punished under the repealing statute.

CONSTRUCTION OF PENAL LAW
Penal laws are strictly construed against the Government and liberally in
favor of the accused-may be construed if the law is ambiguous and there is
doubt in its interpretation
Spanish text is controling

THE REVISED PENAL CODE (Act No. 3815, as amended-An act revising the
penal code and other penal laws)

Also known as the Revised Penal Code

History of the Revised Penal Code
o Administrative Order No. 94 dated October 18, 1927 of the
Department of Justice created a committee assigned to revise the old
Penal Code, taking into consideration the existing conditions-the
special penal laws and rulings laid down by the Supreme Court.
o The committee was composed of Anacleto Diaz as Chairman, Quintin
Paredes, Guillermo Guevarra, Alex Reyes and Mariano de Joya
o The old Penal Code took effect on July 14, 1887 and in force until
DECEMBER 31, 1931
o The new Penal Code was approved on took effect on January 1, 1932
o Felonies and misdemeanors, committed prior to January 1, 1932,
were punished in accordance with the Code or Acts in force at the
time of their commission as directed by Art. 366 of the Revised Penal
Code

The Revised Penal Code consists of two books, namely: Book One and Book
Two
o Book One: consists of two parts: a) basic principles affecting criminal
liability (Art. 1-20) and b) the provisions on penalties including
criminal and civil liability
o Book Two: defines felonies with the corresponding penalties,
classified and grouped under fourteen different titles (Art. 114-365)

ART 1. Time when Act takes effect- This Code shall take effect on the first of
January, nineteen hundred and thirty two.

Based on the principles of the old or classical school, although with positivistic
tendencies (Punishment of impossible crimes, juvenile delinquency)

TWO THEORIES IN CRIMINAL LAW

o THE CLASSICAL THEORY
The basis of criminal liability is human free will and the
purpose of the penalty is retribution
That man essentially a moral creature with an absolute free
will to choose between good and evil, thereby placing more
stress upon the effect or result of the felonious act than
upon the man, the criminal himself.
It has endeavored to establish a mechanical and direct
proportion between crime and penalty
There is a limited regard for human element
o THE POSITIVIST THEORY
That man is controlled occasionally by a strange and morbid
phenomenon which constrains him to do wrong, in spite or
contrary to his volition
That crime is essentially a social and natural phenomenon,
and as such, it cannot be treated and checked by the
application of abstract principles of law and jurisprudence
nor by the imposition of a punishment, fixed and
determined a priori; but rather through the enforcement of
individual measures in each particular case after a
thorough, personal and individual investigation conducted
by a competent body of psychiatrists and social scientist.

ART 2. Application of its provisions- except as provided in the treaties and laws of
preferential application, the provisions of this Code shall be enforced not
only within the Philippine Archipelago, including its atmosphere, its interior
waters and maritime zone, but also outside of its jurisdiction, against those
who:
1. Should commit an offense while in a Philippine Ship or airship
2. Should forge a counterfeit any coin or currency note of the Philippine
Islands or obligations and securities issued by the Government of the
Philippine Islands
3. Should be liable for acts connected with the introduction into these
Islands of the obligations and securities mentioned in the preceding
number
4. While being public officers or employees, should commit an offense in
the exercise of their functions; or
5. Should commit any of the crimes against national security and the law
of nations, defined in title one book two of this code

When the offender should commit an offense while in a Philippine Ship or
airship
o A Philippine vessel, although beyond three miles from the seashore,
is considered part of the national territory.
o Any person who committed a crime on board a Philippine Ship or
Airship can be tried before our civil courts for violation of the Penal
Code
o But when the vessel or aircraft is in the territory of a foreign country,
the crime committed on said vessel or aircraft is subject to the laws
of the foreign country
o A Philippine vessel or aircraft must be understood as that which is
registered in the Philippine Bureau of Customs

When the offender should forge or counterfeit any coin or currency note of
the Philippines or obligations and securities issued by the Government
o Thus any person who makes false or counterfeit coins or forges
obligations and securities in a FOREIGN country may be prosecuted
before our courts.

When the offender should be liable for acts connected with the introduction
into the Philippines of the obligations and securities mentioned above
o The reason for this provision is that the introduction of forged or
counterfeit obligations and securities into the Philippines is a
dangerous as the forging or counterfeiting of the same, to the
economic interest of the country.

When the offender, while being a public officer or employee, should
commit an offense in the exercise of his functions
o Any felonies committed abroad by any of our public officers or
employees while in the exercise of his functions, he can be
prosecuted here.
o Crimes can be: Direct Bribery, Indirect Bribery, frauds against the
public treasury, possession of prohibited interest, malversation of
public funds, or property, failure of accountable officer to render
accounts, illegal use of public funds, failure to make delivery of
public funds or property and falsification by a public officer or
employee committed with abuse of his official position.

When the offender should commit any of the crimes against the national
security and the law of nations
o Crimes are treason, espionage, inciting to war and giving motives for
reprisals, violation of neutrality, correspondence with hostile
country, flight to enemys country and piracy and mutiny on the high
seas.

The regional trial court has jurisdiction over criminal cases punishable under
this article

Continuing crime on board a foreign vessel shall by triable in the Philippines-if
the forbidden conditions existed during the ship was within our territorial
waters (US vs Bull).

Rules as to jurisdiction over crimes committed abroad foreign merchant
vessels (while in territorial waters of another country)
o French Rule- Such crimes are not triable in the courts of that
country, unless their commission affects the peace and security of
the territory or the safety of the state is endangered.
o English Rule-Such crimes are triable in the country, unless they
merely affect things within the vessel or they refer to the internal
management thereof

In the Philippines, we observe the ENGLISH RULE

Felonious Homicide is a subject for the local jurisdiction and that if the proper
authorities are proceeding with the case in the regular way, the consul has no
right to interfere to prevent it.

Mere possession of opium IN TRANSIT is not triable in Philippine courts
because it does not constitute breach of order but if the vessel LANDED ON
PHILIPPINE SOIL, NOT IN TRANSIT the person is already liable

Smoking opium on a foreign vessel within 11/2 miles out territory is liable
(People vs Wong Cheng)
WARSHIPS are subjected to the country which they belong even if they are
within the territory of the Philippines. (US v Fowler)
Persons exempt from the operations of our criminal law by virtue of the
principles of public international law.
o Sovereigns and other chief of state
o Ambassadors, ministers plenipotentiary, ministers resident and
charges dffaires
o Consuls, vice consuls and other commercial representatives are not
entitled with this privilege (except if there is a treaty).

EXTRA-TERRITORIAL APPLICATION OF REPUBLIC ACT NO. 9372
Also known as the Human Security Act of 2007
Passed on March 6, 2007
The act shall apply: (even outside the Philippines)
o To individual who commit any crimes defined and punished in the
Act within the terrestrial domain, interior waters, maritime zone and
airspace of the Philippines
o Commit, conspire of plot any of the crimes defined and punished in
the act inside the territorial limits of the Philippines, even physically
outside the territorial limits of the Philippines.
o Crimes onboard a Philippine Ship or Airship
o Crimes inside Philippine Embassy, Consolate or diplomatic premises
o Commit crimes against Philippine citizen or persons of Philippine
decent where citizenry or ethnicity was a factor in the commission of
the crime
o Commit crimes directly against the Philippine Government
ART. 3 Definitions- Act and omissions punishable by law are felonies (delitos)

Felonies are committed not only by means of deceit (DOLO) but also by
means of Fault (CULPA).

There is deceit when the act performed is with deliberate intent; and there
Is fault when the wrongful act results from imprudence, negligence, lack of
foresight and lack of skill.

Felonies-are acts or omissions punishable by the Revised Penal Code

ELEMENTS OF FELONIES
o That there must be act or omission
o That the omission must be punishable by the Revised Penal Code
o That the act is performed or the omission incurred by means of dolo
or culpa

Act-any bodily movement tending to produce some effect in the external
world. The external act which has direct connection with the felony intended
to be committed

Omission-inaction, the failure to perform a positive duty which one is bound
to do. There must be a law requiring the doing or performance of an act

Punishable by law means, punishable by the REVISED PENAL CODE

CLASSIFICATION OF FELONIES
1. INTENTIONAL FELONIES
-The act or omission is MALICIOUS
-performed with deliberate intent
-has the intention to cause injury
2. CULPABLE FELONIES
-NOT MALICIOUS
-UNINTENTIONAL
-resulted from imprudence, negligence, lack of foresight and lack os
skill.
DOLO=MALICE (Intent to do injury)
Imprudence-deficiency in action
Fails to take the necessary precaution to avoid injury
Lack of Skill
Negligence-deficiency in perception
Fails to give proper attention and use due diligence in
foreseeing the injury or damage impending
(LACK OF FORESIGHT)
Intentional and culpable felonies should be VOLUNTARY

REQUISITES OF DOLO OR MALICE
1. FREEDOM
2. INTELLIGENCE
3. INTENT

GEN RULE: If the accused committed the criminal act charged, it will be
presumed that the act was done with criminal intention and that it is for the
accused to rebut the presumption.

Mistake of fact-is a misapprehension of fact on the part of the person who
caused injury to another. He is not however, CRIMINALLY LIABLE, because he
did not act with criminal intent.

REQUISITES OF MISTAKE OF FACT
1. That the act done would have been LAWFUL had the facts been as the
accused believed them to be
2. That the INTENTION of the accused in performing the act is LAWFUL
3. That the mistake must be WITHOUT FAULT OR CARELESSNESS

DISTINCTION BETWEEN GENERAL INTENT AND SPECIFIC INTENT
Felonies committed by dolus, the third element of voluntariness is a general intent,
whereas in some particular felonies, proof of particular specific intent is required.
Example:
Crimes against property-intent to gain
Frustrated or attempted homicide-intent to kill
Forcible abduction-intent of lewd designs

REQUISITES OF CULPA
1. FREEDOM
2. INTELIGENCE
3. IMPRUDENCE, NEGLIGENCE, LACK OF FORESIGHT AND LACK OF SKILL

THIRD CLASS OF CRIME-defined and penalized by special laws which include crimes
punished by municipal or city ordinances
When the crime is punished by a special law, as a rule, intent to commit the
crime is not necessary. It is sufficient that the offender has the intent to
perpetrate the act PROHIBITED BY THE SPECIAL LAW.
When doing an act is prohibited by a special law, it is considered that the act
is INJURIOUS TO PUBLIC WELFARE AND THE DOING OF THE PROHIBITED ACT
IS THE CRIME ITSELF.
Good faith and absence of criminal intent are not valid defenses in crimes
punished by special laws, except:
o People vs Landicho-Held a gun without license temporarily to sell it
to the PC
o Asa and Balbastro-Held a gun believed that as civilian guards they
are allowed to do so
o People vs Mallari-pending application for permit of fire arm and an
agent advising him to keep the gun for the meantime

Motive-is the moving power which impels one to action for a definite result.
Intent-is the purpose to use a particular means to effect such result

Motive is not an essential element of a crime hence need not be proved for
purposes of conviction

Instances where motive is relevant
1. Identity of the person accused is in dispute (IDENTITY)
2. Doubt to the identity of the assailant
3. If there are two antagonistic theories-to know the truth (2 STORIES)
4. Identification of the accused proceeds from an unreliable source
(UNRELIABLE)
5. No eye witness to the crime (NO EYE WITNESS)
6. Evidence is merely circumstantial (EVIDENCE)

Motive is established by the testimony of witnesses on the ACTS or
STATEMENTS OF THE ACCUSED BEFORE OR IMMEDIATELY AFTER THE
COMMISSION OF THE OFFENSE.

Proof of motive alone is not sufficient evidence

Lack of motive may be aid in showing innocence of accused

ART 4. Criminal Liability- Criminal Liability shall be incurred:
1. By any person committing a felony (delito) although the wrongful act
done be different from that which he intended.
2. By any person performing an act which would be an offense against
persons or property, were it not for the inherent impossibility of its
accomplishment or on account of the employment of inadequate or
ineffectual means.

PAR 1 OF ARTICLE 4
A. By any person committing a FELONY
A person committing a felony is CRIMINALLY LIABLE although the
consequence of his felonious act are not intended by him
The wrongful act must be punishable by the REVISED PENAL CODE only
Must be DOLO (Culpa should be defined under Art 365 Criminal Negligence)

B. Although the wrongful act done be different from that which he intended
Can be due to
o Mistake in Identity of the victim
o Mistake in the blow
o Act exceeds intent

REQUISITES OF PAR. 1 ARTICLE 4
1. That an INTENTIONAL FELONY has been committed
2. That the WRONGFUL ACT done to the aggrieved party be the DIRECT
NATURAL and LOGICAL CONSQUENCE of the FELONY committed by the
offender (PROXIMATE CAUSE)

Any person who creates in anothers mind an immediate sense of danger
which causes the latter to do something resulting in the latters injuries, is
liable for the resulting injuries-People vs Page.

If the wound is dangerous but the result of death is unskillful medical
treatment the criminal is still liable-People vs. Moldes

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

The felony committed is NOT THE PROXIMATE CAUSE of the resulting injury
when:
o There is an active force that intervened between the felony committed
and the resulting injury, and the active force is a DISTINCT ACT or fact
absolutely foreign from the felonious act of the accused
o The resulting injury is due to the intentional act of the victim.

Intervening Clause- break the relation of cause and effect

When death is presumed to be the natural consequence of physical injuries
inflicted:
o That the victim at the time the physical injuries were inflicted WAS IN
NORMAL HEALTH
o THAT DEATH MAY BE EXPECTED from the Physical injuries inflicted
o That death ENSUED within a reasonable time

The 2
nd
paragraph of Article 4 defines IMPOSSIBLE CRIMES
REQUISITES:
o Act performed should be against PERSONS OR PROPERTY
o Act done is with EVIL INTENT
o Accomplishment is inherently impossible or the means employed is
either inadequate or ineffectual
o That the act performed should not constitute a violation of another
provision of the revised penal code.

There must be LEGAL IMPOSSIBILITY OR PHYSICAL IMPOSSIBILITY of
accomplishing the intended act.

Felonies against persons
o Parricide
o Murder
o Homicide
o Infanticide
o Abortion
o Duel
o Physical injuries
o Rape
Felonies against property are:
o Robbery
o Brigandage
o Theft
o Usurpation
o Culpable insolvency
o Swindling and other deceits
o Chattel Mortgage
o Arson and other crimes involving destruction
o Malicious Mischief

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- Whenever a court has knowledge of any act which it
may deem proper to repress and which is not punishable by law, it shall
render the proper decision and shall report to the Chief Executive, through
the Department of Justice, the reasons which induce the court to believe
that said act should be made the subject of penal legislation.

In the same way, the court shall submit to the Chief Executive, through the
Department of Justice such statement as may deemed proper, without
suspending the execution of the sentence, when a strict enforcement of the
provisions of this Code would result in the imposition of a clearly excessive
penalty, taking into consideration the degree of malice and the injury
caused by the offense.

Cases when it appears clearly excessive:
o The accused acted with lesser degree of malice
o There is no injury or the injury caused is of lesser gravity

Courts have the duty to apply the penalty provided by law regardless of his
personal view

Judge has the duty to apply the law as interpreted by the Supreme Court

Second paragraph has no application to offense defined by special law
(although was used in two jurisprudence involving special laws: People vs.
Estoesa and People vs Lubo).
Article 5 only applies to mala in se

ART. 6 CONSUMMATED, FRUSTRATED AND ATTEMPTED FELONIES- Consummated
felonies, as well as those which are frustrated and attempted are
punishable.

A felony is consummated when all the elements necessary for its execution
and accomplishment are present; and it is frustrated when the offender
performs all the acts of execution which would produce the felony as a
consequence but which, nevertheless, do not produce it by reason of causes
independent of the will of the perpetrator.

There is an attempt when the offender commences the commission of a
felony directly by overt acts, and does not perform all the acts of execution
which should produce the felony by reason of some cause or accident other
than his own spontaneous desistance.

DEVELOPMENT OF CRIME
A. STAGES
a. Internal acts-Mere ideas in the mind of a person, are NOT
PUNISHABLE even if, had they carried out would NOT CONSTITUTE A
CRIME
b. External acts-covers a) PREPARATORY ACTS and b) ACTS OF
EXECUTION
Preparatory acts-Ordinarily they are not punishable
Acts of Execution-they are punishable under the Revised
Penal Code
Stages of execution are attempted, frustrated and
consummated
In Attempted and frustrated, he does not produce
the felony intended




ATTEMPTED
There is an attempt when the offender commences the commission of a
felony directly by overt acts, and does not perform all the acts of execution
which should produce the felony by reason of some cause or accident other
than his own spontaneous desistance.
Elements of attempted felony
o The offender commences the commission of the felony directly by
OVERT ACTS
o He DOES NOT PRODUCE the felony
o The offenders act is NOT STOPPED BY HIS OWN SPONTENEOUS
DISISTANCE
o The non performance of all the execution was due to a cause or
accident other than his own spontaneous desistance.

The commission of the felony is deemed commenced when there is already a
external act which have a direct connection with the crime intended to be
committed. This must be an OVERT ACT

OVERT ACT- Is some physical activity or deed, indicating the intention to
commit to a particular crime, more than a mere planning or preparation,
which if carried to its complete termination following its natural course,
without being frustrated by external obstacles nor by voluntary desistance of
the perpetrator, will logically and necessarily ripen into a concrete offense.

EXAMPLES OF ATTEMPTED
Firearm must be used with intent to kill at the offended party, without
however inflicting a mortal wound on the latter
Or even if the victim was not hit as long as there is intent to kill (People
vs Aban)
Striking a Bolo
Proposal in making bribery

INDETERMINATE OFFENSE-it is one where the purpose of the offender in
performing an act is not certain. Its nature in relation to its objective is
ambiguous.

The intention of the accused must be viewed from the nature of the acts
executed by him, and not from his admission.

If the actor does not perform all the acts of execution by reason of his
spontaneous desistance, there is no attempted felony. The law does not
punish him.

Although the desistance should be made before all the acts of execution are
performed.

SUBJECTIVE PHASE- it is that portion of the acts constituting the crime, starting from
the point where the offender begins the commission of the crime to that point where
he has still control over his acts, including their natural course.

In attempted felony, the offender NEVER PASSES the subjective phase of the offense.
In frustrated he performs the last act but the crime is not produced. When all the acts
are performed he passes the OBJECTIVE PHASE.

FRUSTRATED
When the offender PERFORMS all the acts of execution which would produce
the felony as a consequence but which nevertheless, do not produce it by
reason of causes INDEPENDENT of the will of the perpetrator.
Elements
o The offender performs ALL THE ACTS OF EXECUTION
o All the acts performed WOULD PRODUCE THE FELONY AS A
CONSEQUENCE
o But the FELONY IS NOT PRODUCE
o By reason independent OF THE WILL OF THE PERPETRATOR

EXAMPLES OF FRUSTRATED
Shot a person and inflicting a MORTAL wound but does not die

CONSUMMATED
A felony is consummated when all the elements necessary for its execution
and accomplishment are present.


When not all the elements of a felony are proved the result will either be:
The felony is not shown to have been consummated
The felony is not shown to have been committed
Another Felony have been committed

DETERMINING WHETHER THE CRIME IS ATTEMPTED, FRUSTRATED OR
CONSUMMATED the following are regarded:
1. NATURE of the Offense
2. ELEMENTS constituting the felony
3. MANNER or committing the same

Nature of Crime
Example: Arson
a. CONSUMMATED- if part or only portion of the wall of the house is
burned
b. FRUSTRATED-there was a BLAZE but no part of the house is burned
c. ATTEMPTED- Pouring of gasoline and about to lit a match

Elements constituting felony
Intent was consummated or about to consummated
Example: Theft. Intent to gain
The mere take or get hold of the thing belonging to another even if he is not
able to carry it away is consummated already.

THERE IS NO CRIME OF FRUSTRATED THEFT

Manner of committing the crime
1. Formal crimes- consummated in one instant, no attempt
2. Crimes consummated by mere attempt or proposal or by overt acts
3. Felony by omission
4. Crimes requiring the intervention of two persons to commit them are
consummated by mere agreement
5. Material crimes-with three stages of execution
a. Consummated Rape-lay on top, partial penetration to the labia or
lips
b. Frustrated rape- not sure if there was penetration
c. Attempted rape-raised her skirt, put knee between legs

There is no attempted or frustrated impossible crime-since its is held as
consummated offense.

ART. 7 When light felonies are punishable-Light felonies are punishable only when
they have been consummated, with the exception of those committed
against persons or property.

Light Felonies- are those infractions of law for the commission of which the
penalty of arresto menor or a fine not exceeding 200 pesos or both, is
provided.

Light felonies punished by the RPC are:
o Slight Physical Injuries
o Theft
o Alteration of boundary marks
o Malicious mischief
o Intriguing against honor

Light felonies produces such light, such insignificant moral and material
injuries that public conscience is satisfied with providing a light penalty for
their consummation. If they are not consummated, the wrong done is so
slight that there is no need of providing a penalty at all
The commission of felonies against persons or property presupposes the
offender morel depravity. For that reason, even attempted or frustrated light
felonies against persons or property are punishable

LIGHT FELONIES AGAINST PERSONS: Slight physical injuries and maltreatment
LIGHT FELONIES AGAINST PROPERTY: THEFT NOT EXCEED 5 PESOS; ALTERATION
OF BOUNDARY MARKS; Malicious mischief damage is not more than P200 or
cannot be estimated.

ART. 8. Conspiracy and proposal to commit felony- Conspiracy and proposal to
commit felony are punishable only in the cases in which the law specially
provides a penalty thereof.

A conspiracy exists when two or more persons come to an agreement
concerning the commission of a felony and decide to commit it.

There is proposal when the person who has decided to commit a felony
proposes its execution to some other person or persons

Conspiracy and proposal to commit felony are two different acts or felonies
Unless there is a specific provision in the Revised Penal Code providing a
penalty for conspiracy or proposal to commit a felony, mere conspiracy is
NOT A FELONY

CONSPIRACY: exists when two or more persons come to an agreement
concerning the commission of a felony and decide to commit it.
Treason, rebellion and sedition are punishable

Reason for the rule: Conspiracy and proposal to commit a crime are only
PREPARATORY ACTS, and the law regards them as innocent or at least
permissible except in rare and exceptional cases.

When the conspiracy is actually committed its not felony but a manner of
creating criminal liability

There is conspiracy when the aimed is at the same object, although
independent the act id concerted, cooperative, indicating closeness of
personal association.
In conspiracy the act of one is the act of all: COLLECTIVE RESPONSIBILITY
Conspiracy-arises on the very instant the plotters agree, expressly or
impliedly, to commit the felony and forthwith decide to pursue it.

REQUISITES OF CONSPIRACY:
That two or more persons came to an agreement
(There must be acceptance)
That the agreement concerned the commission of a felony
That the execution of the felony be decided upon

Direct proof is not essential to establish conspiracy
Collective acts of the accused before, during and after the commission of the
crime.
QUANTUM OF PROOF:
o Should be proven beyond reasonable doubt.
o Established by positive and conclusive evidence
REQUISITES OF PROPOSAL
o That a person has decided to commit a felony
o That he proposes its execution to some other persons

There is no criminal proposal when
1. The person who proposes is not determined to commit
the felony
2. There is no decided, concrete and formal proposal
3. It is not the execution of a felony that is proposed

ART 9. GRAVE FELONIES, LESS GRAVE FELONIES, AND LIGHT FELONIES-Grave
felonies are those to which the law attaches the capital punishment or
penalty which in any of their periods are afflictive, in accordance with
Article 25 of this Code.

Less grave felonies are those which the law punishes with penalties which in
their maximum period are correctional, in accordance with the above-
mentioned article.

Light felonies are those infractions of law for the commission of which the
penalty of arresto menor or a fine not exceeding 200 pesos, or both is
provided.

Article 9 classifies felonies according to THEIR GRAVITY, which is determined
by the penalties attached to them by law.
Capital punishment is death penalty
When the penalty prescribed for the offense is composed of two or more
distinct penalties, the higher or highest of the penalties must be an
AFFLICTIVE PENALTY.

AFFLICTIVE PENALTIES ARE:
Reclusion Perpetua
Reclusion Temporal
Perpetual or temporary absolute disqualification
Perpetual or temporary special disqualification
Prision mayor


CORRECTIONAL PENALTIES ARE:
Prision correccional
Arresto Mayor
Suspension
Destierro

Aresto manor/Exactly 200-Light felony
More than 200-less grave felony
More than P6000-grave felony

ART. 10. OFFENSES NOT SUBJECT TO THE PROVISIONS OF THIS CODE- Offenses which
are or in the future may be punishable under special laws are not subject to
the provisions of this Code. This Code shall be supplementary to such laws,
unless the latter should specially provide the contrary.

Article 10 is composed of two clauses
o It is provided that offenses under special laws are not subject to the
provisions of the code
MEANING: Penal code is not intended to supersede special penal laws.
Special laws is still prevailing over this code.
o The second makes the code supplementary to such laws
MEANING: Shall act as supplementary to special laws, unless the latter
should specially provide the contrary.

Some special penal codes cannot be applied the offenses punishable under
special laws because special laws do not provide for a scale of penalties.
But when the special penal law adopted penalties from the RPC, the rules for
graduating penalties by degrees or determining the proper period should be
applied
o Illegal drugs
o Illegal possession of fire arms
Acts of execution are inapplicable to offenses governed by special laws
Special laws with attempted and frustrated stage has to fix a penalty of its
own
Mitigating circumstances are not applicable in special laws: illegal possession
of fire arms


Chapter Two
JUSTIFYING CIRCUMSTANCES
AND CIRCUMSTANCES WHICH EXEMPT FROM CRIMINAL LIABILITY

Art. 11. Justifying circumstances. The following do not incur any criminal liability:

1. Anyone who acts in defense of his person or rights, provided that the following
circumstances concur;

First. Unlawful aggression

Second. Reasonable necessity of the means employed to prevent or repel it.

Third. Lack of sufficient provocation on the part of the person defending himself.

2. Anyone who acts in defense of the person or rights of his spouse, ascendants,
descendants, or legitimate, natural or adopted brothers or sisters, or his relatives by
affinity in the same degrees and those consanguinity within the fourth civil degree,
provided that the first and second requisites prescribed in the next preceding
circumstance are present, and the further requisite, in case the revocation was given
by the person attacked, that the one making defense had no part therein.

3. Anyone who acts in defense of the person or rights of a stranger, provided that
the first and second requisites mentioned in the first circumstance of this Art. are
present and that the person defending be not induced by revenge, resentment, or
other evil motive.

4. Any person who, in order to avoid an evil or injury, does not act which causes
damage to another, provided that the following requisites are present;

First. That the evil sought to be avoided actually exists;
Second. That the injury feared be greater than that done to avoid it;
Third. That there be no other practical and less harmful means of preventing it.

5. Any person who acts in the fulfillment of a duty or in the lawful exercise of a right
or office.

6. Any person who acts in obedience to an order issued by a superior for some lawful
purpose.

JUSTIFYING CIRCUMSTANCES: are those where the act of a person is said to
be in accordance with the law, so that such person is deemed not to have
transgressed the law and is free from both criminal and civil liability.
There is NO CIVIL LIABILITY, EXCEPT IN PAR. 4, where the civil liability is borne
by the person BENEFITED BY THE ACT.
BASIS OF JUSTIFYING CIRCUMSTANCES: The law recognizes the non-
existence of a crime by expressly stating that the persons do not incur
criminal liability. ACTS ARE JUSTIFIED NO CRIMINAL NO CRIME
BURDEN OF PROOF: Accused

1. Anyone who acts in defense of his person or rights provided that the
following circumstances concur
REQUISITES:
a. Unlawful aggression
b. Reasonable necessity of the means employed to prevent or repel it
c. Lack of sufficient provocation on the person defending himself
Must be established by clear and convincing evidence
Includes RIGHT TO LIFE, RIGHT TO PROPERTY AND RIGHT TO HONOR

TWO KINDS OF AGRESSION
A) LAWFUL-The fulfillment of a duty or the exercise of a right in a more
or less violent manner
B) UNLAWFUL-to assault or at least threatened assault of an immediate
and imminent kind.

1. UNLAWFUL AGRESSION
-IT IS A REQUIRED REQUISITE
-Unlawful aggression is when the person is assaulted or that we be attacked
or threatened
-PERIL IN ONES LIFE, LIMB OR RIGHT IS EITHER ACTUAL OR IMMINENT.
-Actual Physical force or actual use of weapon.
In case of threat, the same must be OFFENSIVE AND POSITIVELY STRONG



PERIL IN ONES LIFE
1. ACTUAL-that the danger must be present, that is actually in existence.
2. IMMINENT-danger is on the point of happening.
*deadly weapon that can cause death, aimed at vital parts
PERIL IN ONES LIMB
*less deadly weapon or any other weapon that can cause minor physical
injuries only, aimed at other parts of the body.
-there must be ACTUAL PHYSICAL FORCE or ACTUAL USE OF WEAPON
-insulting words DOES NOT CONSTITUTE unlawful aggression.
-LIGHT PUSH OR SHOVE, not followed by other acts does not constitute lawful
aggression
SLAP ON THE FACE is A UNLAWFUL AGGRESSION

RETALIATION IS NOT A SELF DEFENSE-Settled rule in jurisprudence is that
when unlawful aggression ceases, the defender no longer has the right to kill
or even wound the former aggressor.
In order to claim self-defense the action should be simultaneous with the
attack made by the deceased without appreciable interval of time.
Police officer exceeding his authority can be a UNLAWFUL AGGRESSOR.
In invoking defense against property, one cannot shoot or inflict pain on
someone unless the aggressor attack the person to whom the party is
entrusted.
The belief of the accused may be considered in determining the existence of
unlawful aggression.

2. REASONABLE NECESSITY OF THE MEANS EMPLOYED TO PREVENT OR REPEL
IT
There be a necessity of the course of action taken by the person
making a defense
There be a necessity of the means used.

The reasonableness of the means employed will depend on the nature and
quality of the weapon, the physical condition of the person defending
himself and the place and location of the assult.

RATIONALE EQUIVALENCE


3. LACK OF SUFFICIENT PROVOCATION
A. When no provocation at all was given to the aggressor
B. If there is provocation it is not sufficient
C. If provocation was sufficient, it was not given by the person defending
himself
D. Provocation was given by the person defending himself, it must not be
the proximate and immediate act of aggression.


Art. 12. Circumstances which exempt from criminal liability. the following are
exempt from criminal liability:
1. An imbecile or an insane person, unless the latter has acted during a lucid interval.
When the imbecile or an insane person has committed an act which the law defines
as a felony (delito), the court shall order his confinement in one of the hospitals or
asylums established for persons thus afflicted, which he shall not be permitted to
leave without first obtaining the permission of the same court.
2. A person under nine years of age.
3. A person over nine years of age and under fifteen, unless he has acted with
discernment, in which case, such minor shall be proceeded against in accordance
with the provisions of Art. 80 of this Code.
When such minor is adjudged to be criminally irresponsible, the court, in
conformably with the provisions of this and the preceding paragraph, shall commit
him to the care and custody of his family who shall be charged with his surveillance
and education otherwise, he shall be committed to the care of some institution or
person mentioned in said Art. 80.
4. Any person who, while performing a lawful act with due care, causes an injury by
mere accident without fault or intention of causing it.
5. Any person who act under the compulsion of irresistible force.
6. Any person who acts under the impulse of an uncontrollable fear of an equal or
greater injury.
7. Any person who fails to perform an act required by law, when prevented by some
lawful insuperable cause.
Chapter Three
CIRCUMSTANCES WHICH MITIGATE CRIMINAL LIABILITY

Art. 13. Mitigating circumstances. The following are mitigating circumstances;
1. Those mentioned in the preceding chapter, when all the requisites necessary to
justify or to exempt from criminal liability in the respective cases are not attendant.
2. That the offender is under eighteen year of age or over seventy years. In the case
of the minor, he shall be proceeded against in accordance with the provisions of Art.
80.
3. That the offender had no intention to commit so grave a wrong as that
committed.
4. That sufficient provocation or threat on the part of the offended party
immediately preceded the act.
5. That the act was committed in the immediate vindication of a grave offense to the
one committing the felony (delito), his spouse, ascendants, or relatives by affinity
within the same degrees.
6. That of having acted upon an impulse so powerful as naturally to have produced
passion or obfuscation.
7. That the offender had voluntarily surrendered himself to a person in authority or
his agents, or that he had voluntarily confessed his guilt before the court prior to the
presentation of the evidence for the prosecution;
8. That the offender is deaf and dumb, blind or otherwise suffering some physical
defect which thus restricts his means of action, defense, or communications with his
fellow beings.
9. Such illness of the offender as would diminish the exercise of the will-power of
the offender without however depriving him of the consciousness of his acts. chan
robles virtual law library
10. And, finally, any other circumstances of a similar nature and analogous to those
above mentioned.c















ARTICLE 14 AGGRAVATING CIRCUMSTANCES
INTRODUCTION:

AGGRAVATING CIRCUMSTANCES

DEFINITION: -are those which if attendant in the commission of the crime, serve
to increase the penalty without however, exceeding the maximum
of the penalty provided by law for the offense

BASIS: They are based on the greater perversity of the offender manifested
in the commission of the felony as shown by:
1) Motivating power itself
2) Place of Commission
3) Means and ways employed
4) Time
5) Personal circumstances of the offender or offended party

Perverse- Directed away from what is right or good; perverted.;

Four kinds of aggravating circumstances
1. Generic- can generally apply to all crimes (Art. 14 pars. 1 to 6, 9 to
10, 14, 18 to 20 except by means of motor vehicles are
generic aggravating circumstances).
2. Specific- Those that apply only to particular crimes. (Art 14 pars. 3,
15 to 17 and 21 are specific aggravating circumstances)
3. Qualifying- Those that change the nature of the crime (Art. 248)
4. Inherent- Those that must necessity accompany the commission of
the crime (Art 62, par. 2)

Differences between QUALIFYING AND GENERIC aggravating circumstances
GENERIC AGGRAVATING QUALIFYING AGGRAVATING
NOT OFFSET by any
mitigating circumstances
Increase the penalty
imposed to maximum
period but without
exceeding the limit
prescribed by law


To give the crime its proper
and exclusive name but also
to place the author in such a
situation as to deserve no
other penalty than what is
specifically prescribed
CAPABILITY OF BEING
OFFSET
Can be offset

Cannot be offset
NEED TO BE ALLEGED Even if not alleged it may
be proven during the trial
over the objection of the
defense and may be
appreciated in imposing
the sentence
Must be ALLEGED because it
is an integral part of the
offense
*Pursuant to 2000 Revised Rules of Criminal Procedure, every complaint or
information must state not only the qualifying but also the aggravating
circumstances.
*This rule may be given retroactive effect to actions pending and undetermined at
the time of the passage.
*Not alleged my not now be appreciated to enhance the liability of accused.
(Premeditation, dwelling and unlawful entry)
*But can be considered as bases for the award of exemplary damages, conformably
to current jurisprudence.

AGGRAVATING CIRCUMSTANCES WHICH DO NOT HAVE THE EFFECT OF INCREASING
THE PENALTY
Which in themselves constitute a crime specially punishable by law
Which are included by the law in defining a crime and prescribing the penalty
therefore shall not be taken into account for the purpose of increasing the penalty
That aggravating circumstances must be inherent in the crime that of necessity to
accompany the commission thereof

AGGRAVATING CIRCUMSTANCES WHICH ARE PERSONAL TO THE OFFENDER
The following will aggravate the liability of the PRINCIPAL, ACCOMPLICES AND
ACCESSORIES as to whom such circumstances are attendant
o MORAL ATTRIBUTES of the offender
o PRIVATE RELATIONS of the offended party
o PERSONAL CAUSE

AGGRAVATING CIRCUMSTANCES WHICH DEPEND FOR THEIR APPLICATION UPON
THE KNOWLEDGE OF THE OFFENDERS
Material execution of the act
Means employed to accomplish
*Shall serve to aggravate the liability of those persons only who had knowledge
of them at the time of the execution of the act or their cooperation therein.

*AGGRAVATING CIRCUMSTANCES SHOULD BE PROVED. They are not presumed
Chapter Fourteen
Circumstances which Aggravate Criminal Liability

ART. 14 Aggravating Circumstances-The following are aggravating circumstances:
1. That advantage be taken by the offender of his public position
2. That the crime be committed in contempt of or with insult to the public
authorities.
3. That the act be committed with insult or in disregard of the respect due the
offended party on account of his rank, age or sex, or that it be committed in
the dwelling of the offended party, if the latter has not given provocation.
4. That the act be committed with abuse of confidence or obvious
ungratefulness
5. That the crime be committed in the palace of the Chief Executive or in his
presence, or where public authorities are engaged in the discharge of their
duties, or in a place dedicated to religious worship.
6. That the crime be committed in the night time, or in an uninhabited place,
or by a band, whenever such circumstances may facilitate the commission
of the offense.
Whenever more than three armed malefactors shall have acted together in
the commission of an offense, it shall be deemed to have been committed
by a band.
7. That the crime be committed on the occasion of a conflagration, shipwreck,
earthquake, epidemic or other calamity or misfortune.
8. That the crime be committed with the aid of armed men or persons who
insure or afford impunity.
9. That the accused is a recidivist.
A recidivist is one who, at the time of his trial for one crime, shall have been
previously convicted by final judgment of another crime embraced in the
same title of this Code.
10. That the offender has been previously punished by an offense to which the
law attaches an equal or greater penalty or for two or more crimes to which
it attaches a lighter penalty.
11. That the crime be committed in consideration of a price, reward, or
promise.
12. That the crime be committed by means of inundation, fire, poison,
explosion, stranding of a vessel or international damage thereto, derailment
of a locomotive, or by the use of any other artifice involving great waste and
ruin.
13. That the act be committed with evidence premeditation.
14. That the craft, fraud or disguise be employed.
15. That advantage be taken of superior strength, or means be employed to
weaken the defense.
16. That the act be committed with treachery (alevosia).
There is treachery when the offender commits any of the crimes against the
person, employing means, methods, or forms in the execution thereof
which tend directly and specially to insure its execution, without risk to
himself arising from the defense which the offended party might make.
17. That means be employed or circumstances brought about which add
ignominy to the natural effects of the act.
18. That the crime be committed after an unlawful entry.
19. There is an unlawful entry when an entrance of a crime a wall, roof, floor,
door, or window be broken.
20. That the crime be committed with the aid of persons under fifteen years of
age or by means of motor vehicles, motorized watercraft, airships, or other
similar means. (As amended by RA 5438).
21. That the wrong done in the commission of the crime be deliberately
augmented by causing other wrong not necessary for its commissions.


PAR. 1 THAT ADVANTAGE BE TAKEN BY THE OFFENDER OF HIS PUBLIC POSITION
Based on the greater perversity of the offender as shown by the personal
circumstance of the offender and also by the means used to secure the
commission of the crime.
Applicable only to public officers who takes advantage of his public position.
Advantage meaning he use the influence, prestige or ascendancy which his
office gives him as the means by which he realizes
When the public officer did not take advantage of the influence of his
position, this aggravating circumstance is not present. (Should be connected
with his duties) (US vs Dacuycuy- Cedula case not part of his duties)
There must be proof that the accused took advantage of his public position
Sometimes wearing uniform is immaterial in certain instances (People v
Tongco-even in civilian clothes the victim knew he was a police); (People vs.
Pantoja-even in fatigue and with a riffle is not sufficient to establish he
misused his position).
Failure in official duties is tantamount to abusing of office (US v. Cagayan-
Accused was vice president of his town but still voluntarily joined a band of
brigands).
Not aggravating when it is an integral element of or inherent in the offense
(malversation, falsification of document)

PAR 2. THAT THE CRIME BE COMMITTED IN CONTEMPT OF OR WITH INSULT TO
PUBLIC AUTHORITIES
Based on the greater perversity of the offender, as shown by his lack of
respect for public authorities
REQUISITES:
o That the public authority is ENGAGED in the exercise of his functions
o That he who is thus engaged in the exercise of said function IS NOT
THE PERSON against whom the crime is committed
o The offender KNOWS him to be a public authority
o His presence HAS NOT PREVENTED the offender from committing
the criminal act
Public authority sometimes called a person in authority is a public officer who
has the power to GOVERN AND EXECUTE LAWS.
Agents of Authority those in charged with the maintenance of public order
and the protection and security of life and property. Chief of police are
AGENTS of authority.
Does not include direct assault to a public authority while in the performance
of duty

PAR 3 THAT THE ACT COMMITTED 1) WITH INSULT OR IN DISREGARD WITH RESPECT
DUE TO THE OFFENDED PART ON ACCOUNT OF HIS A) RANK, B) AGE, AND C) SEX, OR
2) THAT IT BE CO
MMITTED IN THE DWELLING OF THE OFFENDED PARTY, IF THE LATTER HAS NOT
GIVEN PROVOCATION.
Based on the greater perversity of the offender as shown by the personal
circumstances of the offended party and the place of the commission of the
crime.
Applicable only to crime against persons or honor
It is necessary to prove the specific fact or circumstance. There must be
evidence that in the commission of the crime the accused DELIBERALTY
INTENDED to offend or insult the sex or age of the offended party.
Things to consider:
o There must be difference in the social condition of the offender and
the offended party.
o Proof of fact of disregard and deliberate intent to insult required.
o The age of the offended party is of tender age as well as of old age.
Or deliberate intent to offend or insult the age of the victim
o If the victim is a woman (there should be insult to the sex)
Not applicable in the following
o When the offender acted with passion and obfuscation
o When there exists a relationship between the offended party and
the offender
o When the condition of being a woman is indispensable in the
commission of the crime- parricide, rape, abduction or seduction sex
is not aggravating.

Dwelling must be a building or structure, exclusively used for rest and
comfort. A combination of house and store or a market stall where the victim
slept is not a dwelling.
Dwelling includes dependencies, the foot of the staircase and enclosure
under the house.
Based on the greater perversity of the offender as shown by the place of the
commission of the offense.
Was not provoked by the offended party (all the following should be present
in order that there is provocation)
o Given by the owner of the dwelling
o Sufficient
o Immediate to the commission of the crime
Prosecution must prove that no provocation was given by the offended party
When the deceased had two houses where he used to live the commission of
the crime in any of them is attended by the aggravating circumstance of
dwelling.

PAR 4. THAT THE ACT BE COMMITTED WITH 1) ABUSE OF CONFIDENCE, OR 2)
OBVIOUS UNGRATEFULNESS
Based on the greater perversity of the offender as shown by the means and
ways employed
Abuse of confidence-when the offended party has trusted the offender who
later abuses such trust by committing the crime. The abuse of confidence
must be a means of facilitating the commission of the crime.
Requisites:
o That the offended party HAD TRUSTED THE OFFENDER
o That the offender ABUSED such trust by committing a crime against
the offended party
o That the abuse of confidence FACILITATED the commission of the
crime.
Confidence should exist at the commission of the crime.
The confidence between the offender and the offended party must be
immediate and personal.
UNGRATEFULNESS must be obvious (manifest and clear)
o Examples usually are when the accused dwells, works or helped by
the victim.

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 PLACES DEDICATED TO RELIGIOUS WORSHIP.
Based on the greater perversity of the offender as shown by the place of the
commission of the crime, which must be respected
Difference between place where public authorities are engaged in the
discharge of their duties distinguish from contempt or insult to public
authorities.
o BOTH the public authorities are in the performance of their duties
o Under par. 5, the public authorities are in the performance of their
duties IN THEIR OFFICE; par 2 are performing their duties OUTSIDE
OF THEIR OFFICE.
o Under par 2, the public authority should not be the offended party,
par 5 he may be the offended party
The place of the commission of the felony, if it is Malacanang Palace or a
church is already a AGGRAVATING CIRCUMSTANCES regardless whether State
or official or religious functions are being held.
The Chief Executive need not be in Malacanang palace. His PRESENCE alone is
sufficient for the event to be AGGRAVATING. He does not need to be in
discharge of his duty.
Other public authorities must be actually engaged in the performance of
duty.
Offender must have intention to commit a crime when he entered the place

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



































PAR. 16. THAT THE ACT BE COMMITTED WITH TREACHERY (ALEVOSIA)
THERE IS TREACHERY WHEN THE OFFENDER COMMITS ANY OF THE CRIMES
AGAINST THE PERSON, EMPLOYING MEANS, METHODS OR FORMS IN THE
EXECUTION THEREOF WHICH TEND DIRECTLY AND SPECIALLY TO INSURE ITS
EXECUTION, WITHOUT RISK TO HIMSELF ARISING FROM THE DEFENSE
WHICH THE OFFENDED PARTY MIGHT MAKE.

The basis has reference to the MEANS AND WAYS EMPLOYED in the
commission of the crime.
Treachery means that the offended party was not given opportunity to make
a defense.
Rules regarding treachery
o Applicable only to crimes against the person
o Means, method or form NEED NOT INSURE accomplishment of the
crime.-EVEN THE CRIME IS NOT PERFECTED
o The mode of attack must be consciously adopted (tend specially and
directly to the offended)
Accused must make some preparation to kill the deceased
in such a manner as to insure the execution of the crime or
to make it impossible or hard for the person attacked to
defend himself or retaliate.
Treachery cannot be presumed- decision should not be made all of a sudden
and the victims helpless position is only accidental.
Treachery is APPRECIATED in the killing of a child even if the manner of attack
is not shown.