Who Incurs Criminal Liability? (Arts. 4, 10)

Criminal Liability
Who incurs criminal liability? (Arts. 4, 10)
 Crime committed different from intention.

 Guillermo B. Wacoy, et.al. vs. People GR 213793, June 22, 2015
(Art.49)
 People vs. Rolly Adriano. Et.al. GR 205228, July 15, 2015
(treachery in A.I)
 People v. Buenamer, G.R. No. 206227, August 31, 2016 (P.I)
 People vs. Lyndon Flores, GR 116524, January 18, 1996 (P.I.)
o Mistake of fact
 Salvador Yupyuco vs. Sandiganbayan, GR 120744-46, June 25,
2012
 Alfonso Gaviola vs. People, GR 163927, January 27, 2006
 Proximate cause and efficient intervening cause
 People vs. Orlito Villacorta, GR 186412, September 7, 2011 (tetanus)
 Impossible crime
 Gemma Jacinto vs. People, GR 162540, July 13 2009 (unfunded check)
 Prohibited acts (SPL)

Multiplicity of crimes and offenders

1. Composite, compound, special complex and continuing crimes
 People vs. Manolito Lucena, GR 190632, Feb 26, 2014 (counts of

rape)
 People vs. Emmanuel Aaron, GR 136300-02, September 24, 2002
(counts of rape)
 People vs. Alvin and Romeo Labagala, GR 221427, July 30, 2018
(robbery with homicide)
 People vs. Hernando Bongos, GR 227698, January 31, 2018
(robbery with rape)
 People vs. Conrado Laog, GR 178321, October 5, 2011 (rape with
homicide)
 People vs. Johnny Calabroso, GR 126368, September 14, 2000
(carnapping of tricycle and homicide)
 People vs. Christopher Elizalde, GR 210434, December 5, 2016
(kidnapping for ransom with homicide)
 People vs. Jesus Vargas, Jr. GR 86728, April 6, 1990 (armalite,
counts as many as number of victims)
 People vs. Yusop Tadah, GR 186226, February 1, 2012 (counts of
kidnapping)

2. Habitual offenders (Arts. 14[9][10], Art. 62[5], Art. 160)
 Recidivist
 Quasi-recidivist
 Reiteracion (habituality)
 Habitual delinquent

Conspiracy and Proposal to commit felony (Art. 8)
1. People vs. Henry Go, GR 168539, March 25, 2014 (conspiracy; effect of death)
2. Sharica Mari L. Go-Tan vs. Sps. Perfecto C. Tan and Juanita L. Tan, GR
168852, 30 September 2008 (Offender in VAWC; application of conspiracy under
RPC)
3. People vs. Marlon Albert De Leon, GR 179943, June 26, 2009 (conspiracy, SCC)

Individual criminal participation:
Who are liable (Arts. 16-20) under the RPC vs. SPL
1. Principal
o Types of principal
o Comparison with a co-conspirator on cases where there is conspiracy
(See Art. 8, RPC)
2. Accomplice
 Dominador Bayabos vs. People, GR 171222, February 18, 2015 (accomplice,
hazing)
o Accomplices penalize as principal?
3. Accessories (See: PD 1612 and PD 1829)
 Jackson Padiernos vs. People, GR 181111, August 17, 2015 (accessory by

removing evidence; Illegal possession of lumber)
o Exempt accessories (Art. 20)
Anti-Fencing Law (PD 1612)
 What are the prohibited acts?

 Presumption under the law?
 Penalty clause
1. Ireneo Cahulugan vs. People, GR 225695, March 21, 2018 (Elements of

Fencing)
2. Ernesto S. Francisco vs. People, GR 146584, July 12, 2004 (Element of
knowledge)
Obstruction of Justice (PD 1829)
 What are the prohibited acts?

 Penalty clause
1. Juan Ponce Enrile vs. Judge Omar Amin, GR 93335, September 13, 1990
(PD 1829 absorbed in rebellion)
2. Roger Posadas v. Ombudsman, GR 131492, September 29, 2000 (No PD
1829 in illegal arrest)
3. Jackson Padiernos vs. People, GR 181111, August 17, 2015 (Illegal
possession of lumber)
4. Noel Navaja vs. Hon Manuel A. De Castro, et.al. GR 180969, September
11, 2017 (elements)
Modifying Circumstances Affecting Criminal Liability

Modifying circumstances affecting criminal liability (Arts. 11-15)
 Justifying
 Exempting
 Aggravating
 Mitigating
 Alternative circumstances
1. People vs. Tirsu Sibbu, G.R. No. 214757, March 29, 2017 (Dwelling; disguise;
treachery)
2. People vs. William A. Sabalberino, GR 241088, June 3, 2019 (Passion, voluntary
surrender, lack of intent to commit so grave a wrong.
3. Marlon T. Bacerra, GR 204544, July 3, 2017 (intoxication)
Juvenile Justice and Welfare Act of 2006 (RA 9344 as amended by RA 10630)
1. Exemption from criminal liability; exemption to the exemption (Sec. 6-7)

2. Grant of probation to minor offenders (including violation of RA 9165)
3. Automatic suspension of sentence
 People vs. Milan Roxas, GR 200793, June 4, 2014 (Age

determination)
4. Diversion and intervention programs (Secs. 20-41, 51)

5. Treatment of child in conflict with the law
 Rosal Hubilla vs. People, GR 176102, November 26, 2014 (claimed
for lower penalty-probation)
Penalties
1. General principles
2. Classification of penalties (Arts 25-26)
o Principal
o Accessory penalties
3. Imprisonment and Fine (RA 10951)

4. Duration of penalties (Art. 27) and service (Art. 28)
5. Preventive imprisonment (Art. 29, as amended by RA 10592)
6. Subsidiary Imprisonment (Art. 39, as amended by RA 10159)
7. Application of modifying circumstances (Arts. 11-15, 48, 62, 68, 69, 160)
8. Graduated Penalties (Arts. 61 and 71)
9. Divisible and Indivisible penalties (Arts. 62, 63, 64, 65, 76, 77)

Indeterminate Sentence Law (Act No. 4103)
 Zafra vs. People, GR 176317, July 23, 2014 (Penalty not composed of 3
periods; Arts 76 & 65)
 Felina Rosaldes vs. People, GR 173988, October 8, 2014 (penalty with one
period; PM minimum)
 People vs. Allen Udtojan Mantalaba, GR 186227, July 2011 (minor drug
offender)
 People vs. Alamada Macabando, GR 188708, July 31, 2013 (penalty of RT to
RP; Art 77[2])
 People vs. Marissa Bayker, GR 170192, February 10, 2016 (ISLAW in
escalating penalty)
10. Effects of penalty
Penalty for Complex crime/Compound crime/Continuing crime and Special complex

crime.

Who Incurs Criminal Liability? (Arts. 4, 10)

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Criminal Liability

Who incurs criminal liability? (Arts. 4, 10)

 Crime committed different from intention.

 Proximate cause and efficient intervening cause

 People vs. Orlito Villacorta, GR 186412, September 7, 2011 (tetanus)

 Gemma Jacinto vs. People, GR 162540, July 13 2009 (unfunded check)

 Prohibited acts (SPL)

1. Composite, compound, special complex and continuing crimes

 People vs. Manolito Lucena, GR 190632, Feb 26, 2014 (counts of

2. Habitual offenders (Arts. 14[9][10], Art. 62[5], Art. 160)

o Accomplices penalize as principal?

3. Accessories (See: PD 1612 and PD 1829)

 Jackson Padiernos vs. People, GR 181111, August 17, 2015 (accessory by

o Exempt accessories (Art. 20)

Anti-Fencing Law (PD 1612)

 What are the prohibited acts?

1. Ireneo Cahulugan vs. People, GR 225695, March 21, 2018 (Elements of

Obstruction of Justice (PD 1829)

 What are the prohibited acts?

Modifying Circumstances Affecting Criminal Liability

Juvenile Justice and Welfare Act of 2006 (RA 9344 as amended by RA 10630)

1. Exemption from criminal liability; exemption to the exemption (Sec. 6-7)

 People vs. Milan Roxas, GR 200793, June 4, 2014 (Age

4. Diversion and intervention programs (Secs. 20-41, 51)

3. Imprisonment and Fine (RA 10951)

10. Effects of penalty

Penalty for Complex crime/Compound crime/Continuing crime and Special complex

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