Part 2 CLJ

1. One of the following is considered as an

alternative circumstance.

a. insanity
b. intoxication
c. passion or obfuscation
d. evident premeditation
B
2. As a general rule, at what time may the
accused move to quash the complaint or
information?

a. at any time before his arrest

b. only after entering his plea
c. any time before entering his plea
d. Monday morning
C
3. The examination before a competent
tribunal, according to the laws of the land, of
the acts in issue in a case, for the purpose
of determining such issue.
a. Trial
b. Arraignment
c. pre-trial
d. Judgment
A
4. The RPC was based on the
_______________.

a. Spanish Penal Code

b. English Penal Code
c. American Penal Code
d. Japanese Penal Code
A
5.The law which reimposed the death
penalty.

a. RA 5425
b. RA 8553
c. RA 7659
d. RA 8551
C
6. This right of the accused is founded on
the principle of justice and is intended not to
protect the guilty but to prevent as far as
human agencies the conviction of an
innocent person.
a. right to due process of law
b. presumption of innocence
c. right to remain silent
d. right against self-incrimination
B
7. The Revised Rules on Evidence took
effect on _______.
a. May 1, 2019
b. May 1, 2020
c. April 1, 2021
d. April 1, 2021
Answer: B
8. One, who at the time of his trial for one
crime shall have been previously convicted
by final judgment of another crime embraced
in the same title of the Revised Penal Code.
a. recidivism
b. habitual delinquency
c. reiteracion
d. quasi-recidivism
A
9. Alevosia means

a. Craft
b. treachery
c. evident premeditation
d. cruelty
10. The law which hears before it
condemns, proceeds upon inquiry and
renders judgment only after a fair trial.

a. ex post facto law

b. equal protection of the law
c. rule of law
d. due process of law
D
11. The period of prescription of crimes
punishable by death

A. 20 years
B. 15 years
C.10 years
D.40 years
A
The Revised Rules on Evidence.
a. A.M. No. 19-08-15-SC
b. A.M. No. 19-80-15-SC
c. A.M. No. 19-80-51-SC
d. A.M. No. 19-08-51-SC
Answer: A
13. Civil liability arising from the offense
charged is deemed instituted upon the filing
of criminal action in court as provided by
Rule 111 of Rules of Court. In what
instance/s can a civil action for recovery of
civil liability be separated?
a. When the offended party waives the civil
action;
b. When the offended party reserves his
right to institute the civil action;
c. When the institution of the civil action is
made prior to the criminal action.
d. all of the choices
D
14. The following are the elements of Piracy,
EXCEPT:
a. A vessel is on the high seas or in Philippine waters;
b. The offenders are not members of its complement or
passengers of the vessel;
c. That the offender resists to a superior officer;
d. The offenders either attack or seize the vessel or seize
the whole or part of the cargo of said vessel, its equipment
or personal belonging of its complement or passengers.
C
15. Alexander G. Gesmundo is the ___ Chief Justice of the
Supreme Court.
a. 25th
b. 26th
c. 27th
d. 28th
Answer: C
16. Anthony while under the influence of
liquor fired a gun in the air to proclaim to the
people that he is celebrating his birthday.
Such act constitutes ___?
a. illegal discharge of firearm
b. alarms & scandal
c. disturbances
d. Outcry
B
17. The following are elements of impossible
crime, EXCEPT:
a.That the act performed would be an offense
against persons or property.
b.That the act was done with evil intent
c.That its accomplishment is inherently impossible,
or that the means employed is either inadequate or
ineffectual.
d.That the act does not constitute a crime of
negligence or imprudence.
D
18.Whenever a court has knowledge of any act which it
may deem proper to repress and which is not punishable
by law, it shall:
a.Render the proper decision, and shall report to the Chief
Executive, through the Department of Justice
b.Dismiss the case and shall report to the Chief Executive,
through the Department of Justice.
c.Render the proper decision, and shall report to the Chief
Justice of the Supreme Court.
d.Dismiss the case and shall report to the Chief Justice of
the Supreme Court.
A
19. Benny was charged before the court. During the
pendency of his trial he died. What would be the effect of
his death on the case involved and on his criminal liability?
a. The criminal case will be dismissed ad his criminal
liability is extinguished.
b. The criminal case will proceed and his criminal liability is
not extinguished.
c. The criminal case will be archived to wait for his
resurrection.
d. Actually there will be no effect at all because his relatives
will be the one to face trial and punished in case of his
conviction.
A
20. The law which prohibits the imposition of
the death penalty.

a. RA 6981
b. P.D. 968
c. R.A. 9346
d. R.A. 4103
C
21. Ador and Billy had a quarrel. Ador boxed Billy.
Ador told Billy, “I will kill you this week”. Ador
bought a firearm. On Friday, he waited for Billy
and shot him but killed Caloy instead. In so far as
Billy is concerned, the crime committed by Ador is:
a. attempted murder
b. frustrated murder
c. illegal discharge of firearm
d. attempted homicide
A
22. In so far as Caloy is concerned the crime
committed is:

A. Murder
B. Homicide
C. Frustrated Homicide
D. Attempted Homicide
B
23.The following are exempted from criminal
liability, EXCEPT:
A. Children 15 years of age below
B. Insane persons or Imbecile persons
C. Children over 15 but under 18 who acted
with discernment
D. Children over 15 but under 18 who acted
without discernment
C
24. When the terms of an agreement have
been reduced to writing, it is considered as
containing all the terms agreed upon and
there can be, as between the parties and
their successors in interest, no evidence of
such terms other than the contents of the
written agreement.
A. Original Document Rule
b. Best Evidence Rule
c. Parol Evidence Rule
25. A person licensed to practice medicine
engaged in the diagnosis or treatment of a
mental or emotional condition.
a. psychologist
b. psychiatrist
c. psychotherapist
d. all of the above
Answer:C
26. Through kickbacks, percentages or
commissions and other fraudulent
schemes/conveyances and taking
advantage of his position, A, a former mayor
of a suburban town, acquired assets
amounting to 10 billion pesos which is
grossly disproportionate to his lawful
income. Due to his influence and
connections and despite knowledge by the
authorities of his ill-gotten wealth, he was
27. After the prosecution rests its case, the
case can be dismissed due to insufficiency
of evidence by:
A. The courts own initiative
B. By the accused through his counsel by
demurrer to evidence
C. By the prosecution on its own initiative
D. Both a and b
D
28. A public officer or a warden who solicits
or makes immoral or indecent advances to a
woman who is under his custody or wife or
daughter of the person under his custody
shall be liable for:
A. Acts of lasciviousness
B. Abuses against Chastity
C. Indirect Bribery
D. Infidelity in the custody of prisoners
29. Relevancy is one of the requisites for
admissibility of evidence which means that
evidence must have such a relation to the fact in
issue as to induce belief in its existence or non-
existence. The other requisite is ____________?
A. That it should not be excluded by law.
B. That it is material to the facts in issue
C. That it is credible
D. That it is the best evidence
A
30. As a rule all persons who can perceive and
perceiving, can make known their perception to
others can be witnesses. Which of the following
shall not be a ground for disqualification?
A. Religious and political belief
B. Interest in the outcome of the case
C. Conviction of a crime unless otherwise provided
by law
D. All of the choices
D
31. W, a young housewife, and K, her
paramour, conspired to kill H, her husband
to whom she was lawfully married. W and K
bought pancit palabok and mixed it with
poison. W, gave the food with poison to H,
but before the latter could eat it, F, her
illegitimate father, and S, her legitimate son,
arrived. H, F and S shared the food in the
presence of W who merely watched them
eating. They died because of having
32. An offer of compromise is considered not an
admission of any liability and is not admissible in
evidence against the offeror in the following case,
EXCEPT.
A. In civil cases
B. Those arising from criminal negligence
C. An offer to pay or the payment of medical,
hospital or other expenses occasioned by an
injury.
D. In criminal cases
D
33. A plea of guilty later withdrawn, or an
unaccepted offer of a plea of guilty to a
lesser offense is_____?
A. not admissible in evidence against the
accused who made the plea of offer.
B. admissible in evidence against the
accused who made the plea of offer
C. shall not be considered an plea
D. will be considered a plea of not guilty
34. When the complaint is vague, the accused
may file a motion alleging among others the defect
of the complaint or information and the details
desired in order to enable him to properly answer
and prepare for trial. This motion is known as:
A. motion for bill of particulars
B. motion for clarification
C. motion to dismiss
D. motion for postponement
A
35. Upon motion of the proper party, arraignment
shall be suspended on the following grounds:
A. The accused appears to be suffering from
unsound mental condition.
B. There exists a prejudicial question.
C. A petition for review of the resolution of the
prosecutor is pending either at the DOJ or office of
the President .
D. All of the choices
D
36. Under Rule 115 of the Rules of Court, an
accused cannot be compelled to be a
witness against himself. This principle also
known as:
A. right against illegal arrest
B. the right to be presumed innocent
C. right against self- incrimination
D. right to live
C
37. The rules of evidence shall be _____, except
as otherwise provided by law or these rules.
A. the same in all courts and in all trials and
hearings
B. not the same in all courts and in all trials and
hearings
C. dependent on the type of case involved
D. absolutely the same in all courts and in all trials
and hearings
A
38. Evidence that is directly addressed to
the senses of the court.

A. Real or Object
B. Testimonial
C. Documentary
D. Direct
A
39. The Revised Penal Code serves as the
primary source of criminal laws in the
Philippines. It was approved on?

A. January 1, 1923
B. January 1, 1932
C. December 8, 1930
D. January 1, 1933
C
40. By Principles of Public International Law,
the following enjoy immunity from the
application of the Philippine Criminal law,
EXCEPT:
A.Consul
B.Heads of State
C.Ambassador
D.Ministers Plenepotentiaries
A
41. The following are causes which would
produce criminal liability though the result be
different from what is intended, EXCEPT:
a. Abberatio Ictus
b. Error in Personae
c. Preater intentionem
d. Ignorantia Facti
D
42. Refers to crimes consummated in one
instant or by a single act.

a. formal crimes
b. informal felonies
c. informal crimes
d. material crimes
A
43. It is a punishment whereby a convict is
banished to a certain place and is prohibited from
entering or coming near that place designated in
the sentence, not less than 25 kilometers but not
to extend beyond 250 kilometers.
A. Transportation
B. Deportation
C. Destierro
D. Extradition
C
44. Other acts constituting the crime of
espionage are punishable under

A. BP No. 616
B. PD No. 616
C. CA No. 616
D. RA No. 616
C
45. How penal laws are construed when the
law is vague?

A. Liberally in favor of the government

B. Liberally in favor of the offended party
C. Liberally in favor of the accused
D. Liberally in favor of the innocent
C
46.Literally, “friends of the court” are
experienced and impartial legal luminaries
who may be invited by the court to appear
as ______.
A. Champertous contract
B. Amici curiae
C. Amicus curiae
D. Ambulance chasing
47. The reading of the decision of the court
convicting the accused appears to be not based on
evidence on record or applicable law. What
remedy should the court do in the hope that the
court may reverse its decision?
A. File a Motion for Reconsideration
B. File a Petition for Review
C. File a Motion for New Trial
D. File a Petition for Certiorari
A
48. There is a war in which the Philippines is involved,
Albert, Baldo and Conor conspired to commit treason,
Albert went to a friend named Marlon and told him about
the conspiracy. Marlon despite knowledge failed to disclose
it to the proper authority. What crime was committed by
Marlon?

A. Treason
B. Espionage
C. Misprision of Treason
D. Violation of Neutrality
C
49. When in the course of committing the crime of
piracy by Allan and Budoy. Budoy with lewd design
touched the private parts of a passenger Caren. Is
Budoy liable in this case?

A. Yes for Qualified Piracy

B. Yes for Piracy
C. Yes for Piracy and Acts of Lasciviousness
D. Yes for Acts of Lasciviousness
C
50. Contempt committed in the presence of
or so near a court or judge as to obstruct or
interrupt proceedings before it.

a. contempt
b. direct contempt
c. indirect contempt
d. disobedience
B
51. A was arrested without a warrant of
arrest for allegedly killing B. Subsequently
an inquest proceeding was conducted and
an Information was filed in the Regional Trial
Court. Can A still avail of a preliminary
investigation?
a. Yes, within 5 days from the filing of an
information
b. Yes, within 5 days from the time he
learned of the filing of an Information
52. Demurrer to Evidence is available on
what ground?
a. insufficiency of evidence
b. failure to charge an offense
c. evidence of guilt is strong
d. prescription of the crime
Answer: A
53. The government is at war with China. The Philippine
government did not prohibit correspondence to China.
Mario has a pen pal in China named Fookien and out of
love sent her a letter saying “I love you, I miss you, tsup
tsup, mwah mwah!!” Is Mario criminally liable?

A. Yes, for Correspondence with Hostile Country

B. Yes, for Violation of Neutrality
C. Yes, for Inciting to War or Giving Motives for Reprisals
D. No, as there was no crime committed
D
54. Mutiny is akin to what crime?

A. Coup d’etat
B. Sedition
C. Rebellion
D. Direct Assault
B
55. MV Victoria is a Philippine vessel located in the
high seas. Passengers A, B, C and D took some
personal belongings of its complements and other
passengers. What crime was committed by A, B, C
and D?
A. Piracy under Article 122 of the RPC
B. Piracy under P.D. 532
C. Robbery in an uninhabited place
D. Piracy and Robbery
C
56. Noli was arrested by police officers while standing in a
sidewalk. He was said to have numerous cases of
cellphone snatching in the area. When in the station, the
investigating officer was not present. The police officers
told Noli to come back for if not, he will be killed when they
see him. Noli from time to time comes back to the station
but the investigating officer was still on leave. Are the
police officers liable?
A. Yes, for Arbitrary Detention
B. Yes, for Grave Coercion
C. Yes, for Grave Threats
D. No because there was no crime committed
C
57. If in the same problem, if under investigation,
Noli was forced to confess on the crime of
cellphone snatching but he insists he would not
want to confess. After 2 hours, the police officers
gave up and released him. Are the police officers
liable?
A. Yes, for Arbitrary Detention
B. Yes, for Grave Coercion
C. Yes, for Grave Threats
D. No because there was no crime committed
D
58. Mayor Christian was officiating a Kasalang
Bayan. Richard went at the back of Mayor
Christian and shot him at the back using a firearm.
Mayor Christian died. What crime was committed
by Richard?
A. Direct Assault
B. Direct Assault with Murder
C. Qualified Direct Assault with Murder
D. Qualified Direct Assault
C
59. Gardo had an intent to kill Gerald. However,
when Gardo discharged the firearm, Gerald saw it
and was able to evade the bullet. What crime was
committed?

A. Alarms and Scandal

B. Illegal Discharge of Firearm
C. Attempted Homicide
D. Attempted Murder
C
60. Possession of dangerous drugs during
parties, social gatherings or meetings must
be in the proximate company of at least how
many persons?
A. 1
B. 2
C. 3
D. 4
B
61. Two young men, P and B, conspired to rob a residential house of
things of value. They succeeded in the commission of their original plan
to simply rob. P, however, was sexually aroused when he saw the lady
owner of the house and so, raped her. The lady victim testified that B
did not in any way participate in the rape but B watched the happening
from a window and did nothing to stop the rape. What crime was
committed by P?
a. robbery
b. robbery with rape
c. rape
d. robbery and rape
Answer: B
62. In relation to Question No. 61, What crime was committed by Bird?
a. robbery
b. robbery with rape
c. rape
d. robbery and rape
Answer: B
63. Julius has a pending case for the crime of murder
before the Court. He offered the amount of 1 Million Pesos
to the Judge and in return the latter dismissed his case.
What crime was committed by the Judge?
A. Prevaricacion or Negligence or Tolerance in the
Prosecution of Offenses
B. Direct Bribery
C. Qualified Bribery
D. Corruption of Public Official
C
64. A fire broke out in a department store, R,
taking advantage of the confusion, entered the
store and carried away goods which he later sold.
What crime, if any, did R commit?
a. theft
b. qualified theft
c. trespassing and theft
d. trespassing and qualified theft
Answer: B
65. All of the following are classified as
crimes mala in se, except:
A. Malversation of Public Funds or Property
B. Illegal Use of Public Funds or Property
(Technical Malversation)
C. Illegal Exaction
D. Maltreatment of Prisoners
B
66. Which of the following cases of parricide
are not penalized by reclusion perpetua to
death?
A. Parricide through negligence
B. Parricide by mistake
C. Parricide under exceptional
circumstances
D. All of them
D
67. Husband Polo arrived home and dinner has
not been cooked. Husband Polo got mad and
slapped his wife Dina and the latter happened to
be pregnant and hit the table and floor. Dina and
the fetus died. What crime was committed?
A. Parricide
B. Parricide and Unintentional Abortion
C. Parricide with Unintentional Abortion
D. Parricide and Intentional Abortion
C
68. H (husband) and W (wife) were married
in the Philippines. H took graduate studies in
New York and met his former girlfriend A.
They renewed their friendship and finally
decided to get married. The first wife, W,
heard about the marriage and secures a
copy of the marriage contract in New York.
What crime, if any, did H commit?
a. Bigamy
b. Concubinage
69. Father Bingo, 80 years of age and son Aldrin
had an argument, Aldrin boxed his father resulting
to the latter’s becoming ill for more than 30 days.
What crime was committed?

A. Serious Physical Injury

B. Qualified Serious Physical Injury
C. Parricide
D. Less Serious Physical Injury
B
70. Nerissa, 11 years and Levin 35 were
cohabiting as husband and wife without the benefit
of marriage. Levin had carnal knowledge of
Nerissa 5x. What was the crime committed, if any?
A. 5 counts of Rape
B. 5 counts of Statutory Rape
C. 1 count of Statutory Rape only
D. No crime since they were cohabiting as
husband and wife
B
71. Pat. Edgar is in custody of PDL Rose.
The former had carnal knowledge with the
latter. What crime was committed?

A.Rape
B.Qualified Rape
C.Qualified Seduction
D.Seduction
B
72. Alma was going home when 3 drunk men Bernard,
Charlie and Dennis grabbed her and pulled her to a house
and pinned her down and undressed her. When Bernard
placed himself on top of her, Alma kicked Bernard and ran.
They chased her and stabbed her at the back. She died.
What crime/s was/were committed?
A. Attempted Rape with Homicide
B. Rape with Homicide
C. Homicide
D. Attempted Rape and Homicide
A
73. Ada and Bea were in the highway when the accused
grabbed them and placed them in a secluded place. The
accused tried to rape Ada. Bea became hysterical and
shouted for help. The accused struck Bea with a lead pipe
and she died. Thereafter, Ada was raped and hit by the
accused. Thinking that Ada died, accused left but Ada
survived. What crime/s?
A. Rape and Homicide
B. Rape with Homicide
C. Rape and Frustrated Homicide for Ada and Homicide for
Bea
D. Rape with Frustrated Homicide for Ada and Homicide for
Bea
74. R, a taxi driver, had an indebtedness in the sum of 10K which
would become due in one week. He was starting to worry because he
still had not raised the amount to pay for his debt. Every day, he had
prayed for divine intervention. One night, while returning the taxi to the
garage, he found a wallet on the back seat. Inspecting it, he learned
that it contained exactly 10K cash, the amount of his obligation and IDs.
Thinking it was divine intervention and that his prayers were answered
he took the money and used it to pay his debt. What crime, if any, did R
commit?
a. theft
b. qualified theft
c. civil liability only
d. robbery
Answer: A
75. Elsa was abducted by Yulo and was
placed in his vehicle. After a day, Elsa was
found in a vacant lot with 15 stab wounds.
What crime/s was/were committed?
A. Forcible Abduction and Murder
B. Murder
C. Forcible Abduction with Murder
D. Homicide
B
76. Aljur abducted Bela the child of Belen and Sencio. Aljur
made a ransom note. Before Aljur could give the ransom
note, Bela attempted to escape. Seeing her attempting to
escape Aljur shot Bea and he died. What crime was
commited?
A. Kidnapping and Serious Illegal Detention for Ransom
with Homicide
B. Kidnapping and Serious Illegal Detention for Ransom
and Homicide
C. Forcible Abduction, Kidnapping and Serious Illegal
Detention for Ransom with Homicide
D. Forcible Abduction with Homicide
A
77. Suppose in the same problem, Aljur made a ransom
note and sent the note to Belen and Sencio. The latter
called the NBI, tracked the location of Aljur and went to his
hideout. There was an exchange of gunfire. Sencio was
shot and he died. What will you charge the accused?
A. Kidnapping and Serious Illegal Detention for Ransom
with Homicide
B. Kidnapping and Serious Illegal Detention for Ransom
and Homicide
C. Homicide
D. Kidnapping and Serious Illegal Detention for Ransom
B
78. If in the same problem, during the exchange of
gunfire, Aljur shot the NBI agent and died. What
will you charge the accused?
A. Kidnapping and Serious Illegal Detention for
Ransom and Direct Assault with Homicide
B. Direct Assault with Homicide
C. Kidnapping and Serious Illegal Detention for
Ransom
D. Homicide
A
79. It is a phenomenon in which hostage
victims express sympathy towards their
kidnappers or captors.
A. Cri du Chat Syndrome
B. Stockholm Syndrome
C. Rett Syndrome
D. Klinefelter Syndrome
B
80. Allan abducted Bong, his business rival who is a public
officer. Contemplating about his acts, within a day, he
released Bong voluntarily. What is the crime committed and
what is the effect of such release on his liability?
A. Slight Illegal Detention and voluntary release will
mitigate or extenuate his criminal liability
B. Kidnapping and serious illegal detention and voluntary
release will mitigate or extenuate his criminal liability
C. Slight Illegal Detention and no effect on voluntary
release
D. Kidnapping and serious illegal detention and no effect
on voluntary release
D
81. The police arrested Sherwin for violating traffic
rules and placed the man behind bars and with
intent to deliver him to proper authorities but did
not file any case against Sherwin. In the afternoon,
he released Sherwin. What crime was committed
by the police?
A. Arbitrary Detention
B. Unlawful Arrest
C. Arbitrary Detention through Unlawful Arrest
D. No crime since Sherwin was released by the
police
82. Who represents the People of the
Philippines in the Court of Appeals?
a. Department of Justice
b. Office of the Ombudsman
c. Office of the Solicitor General
d. Presidential Commission on Good
Government
B
83. Melvin told Danny “If you will not give
money, I will report you to the customs for
your smuggled car” What crime was
committed, if any?
A. Grave Threats
B. Light Threats
C. Other Light Threats
D. No crime
B
84. Carlo knows that the house of Anthony
is vacant. Dario saw that Carlo was about to
enter, so Dario prevented Carlo. Dario
boxed Carlo. What crime was commited?
A.Grave Coercion
B.Physical Injuries
C.Grave Coercion and Physical Injuries
D.No crime
B
85.Aiko, Beth, Carla, Dianne and Ella were
walking while they heard gunfires from Elmer to
get the winnings of Aiko and Beth. Aiko and Beth
were robbed, Carla and Dianne were killed and
Ella wounded. What crime/s was/were committed?
A. Robbery, Murder and Attempted Murder
B. Robbery with Homicide and Attempted Murder
C. Robbery with Homicide
D. Robbery, Homicide and Physical Injuries
C
86. Arman went to the house of Larry to rob. Larry was
awakened. Arman shot Larry on his way out, he saw the
latter’s wife Cely and raped her. After raping Cely and
leaving the room, he saw the maid Maria and raped her.
On his way out of the door, the driver Bok saw him, he was
prevented by Bok so he shot him. Here comes the
gardener Leo, he boxed Leo and suffered serious physical
injuries . What crime/s was/were committed?
A. Robbery, Homicide, Rape and Serious Physical Injuries
B. Robbery with Homicide
C. Robbery with Homicide and Rape
D. Robbery with Rape and Homicide
B
87. Jedric wanted to kill Billy. So he shot Billy with
treachery and killing him instantly. Jedric was
about to leave when he noticed that Billy’s cell
phone was an expensive model so he took it. What
crime/s was/were committed?
A. Robbery with Homicide
B. Murder and Theft
C. Robbery and Homicide
D. Murder and Robbery
B
88. Ion son of Marlon stole the money of the latter.
In the process of stealing his father’s money,
Marlon sought the assistance of his friend Vico.
Here:
A. Both Ion and Vico are exempted from liability
B. Only Ion is liable while Vico is exempted from
liability
C. Only Marlon is exempted but Vico is liable as an
accomplice
D. Only Marlon is exempted but Vico is liable
either as principal, accomplice or accessory
89. Doctrine of the Fruit of the Poisonous
Tree is otherwise known as ______.

A. Exclusionary Rule Doctrine

B. Taint Doctrine
C. Illegally Obtained Evidence Doctrine
D. Silver Platter Rule
B
90. Contra Proferentem is otherwise known
as _____:

A. Ambiguity Doctrine
B. Parol Evidence Rule
C. Best Evidence Rule
D. Rebuttal Evidence
A
91. X was caught in the act of pouring gas in the
house of another. He was about to strike the
match in preparation to set the house on fire when
he was stopped by alerted citizens. What crime
was committed?
a. consummated arson
b. attempted arson
c. frustrated arson
d. no crime
Answer: B
92. A wanted to kill B. He thought of mixing
poison in the drink of the latter. He went to
the supermarket and bought a pack of rat
killer with the intention to mix its contents to
the drink/food of B. On his way home, with
the rat killer on his hand he was
apprehended by the NBI authorities. What
crime did A commit?
a. no crime c. sin
b. attempted murder d. attempted homicide.
93. X testified that he saw A holding a knife while running
from the place where B was found lying on his own blood;
that A's hands are full of blood; and days after the incident.
A fled from the Philippines. When these facts are taken
together, they will show that A is the one who killed B. The
facts illustrate a ______:

A. Direct Evidence
B. Circumstantial Evidence
C. Corroborative Evidence
D. Cumulative Evidence
B
94. Before the marriage of Shiela to Joshua, she witnessed the murder
of Lucio by Joshua but she never reported what she witnessed to the
authorities. A year after the murder, Shiela and Joshua married. Barely
6 months after the marriage Shiela became a battered wife and to get
even with Joshua, she decided to report the murder to the police and
Shiela was presented to the Court as a witness of the prosecution. May
Joshua move to strike the testimony Shiela on the ground of Marital
Disqualification Rule?

A. Yes
B. No
C. It depends
D. Yes, but only if with Leave of Court
A
95. In all criminal cases, an offer of
compromise by the accused may be
received in evidence as an implied
admission of guilt. This statement is:
A. Partially True
B. False
C. Maybe
D. True
D
96. In which of the following reservation to
file the civil action separately shall not be
allowed?
A. B.P. Blg. 22 cases
B. Cases cognizable by the Sandiganbayan
C. Tax cases
D. All of them
D
97. Where do you appeal the decisions of
the Ombudsman in criminal cases?
A. Sandiganbayan
B. Court of Appeals
C. Supreme Court
D. Department of Justice
C
98. Where do you appeal the decisions of
the Ombudsman in Administrative Cases?
A. Sandiganbayan
B. Court of Appeals
C. Supreme Court
D. Department of Justice
B
99. The two forms of arrest are: by actual restraint
of the person to be arrested and the other one is:

A. By using force or violence upon the accused

B. By voluntary submission of the person arrested
C. Arrest by virtue of a warrant or without a
warrant
D. Arrest based on probable cause.
B
100. In which of the following cases the judge is no
longer required to issue a warrant of arrest.

A. When the information was filed pursuant to a

lawful warrantless arrest.
B. When the accused is punishable by a fine only.
C. The case is covered by the rule on summary
procedure
D. All of the above.
D
MATEC REVIEW CENTER
CRIMINAL LAW 1

FB Page - ATTY. JAY M. FERRARO

[email protected]
 CRIMINAL LAW, DEFINED
Criminal Law- that branch of public law
which defines crimes treats of their nature
and provides for their punishment.
 Distinctions between Criminal
Law and Criminal Procedure
Criminal Law Criminal Procedure
As to nature:
It is substantive in character. It is remedial in character.

It defines crimes, treats of their nature, It regulates the steps in the

and provides for their punsihment. apprehension, prosecution, and
conviction of accused if found guilty.
As to application:
Prospective, unless favorable to the Retroactive; in favor of the ends of
accused, provided that the accused is substantial justice.
not a habitual delinquent.
As to the authority who may
promulgate:
It is enacted by Congress It is promulgated by the judiciary
• Crime - a generic term that embraces any
violation of the Revised Penal Code,
special penal laws and municipal or city
ordinances.
 DISTINCTIONS
FELONY – OFFENSE – INFRACTIONS
punishable by punishable by – punishable by
the Revised special penal city or municipal
Penal Code laws ordinances
SOURCES OF CRIMINAL LAW
1. The Revised Penal Code (Act No. 3815) and its
amendments;
2. Special Penal Laws passed by;
a. Philipines commission;
b. Philipines Assembly;
c. Philipines Legislature ;
d. National Assembly;
e. Congress of the Philipines; and the
f. Batasang Pambansa; and
3. Penal Presidential Decrees issued during Martial Law(
REYES, Book One, supra at 1).
 Police Power as Basis
• The state has the authority, under its
police power, to define and punish and to
lay down the rules of criminal procedure
(REYES, Book One, supra at 2).
 Mala in se and Mala prohibita
1.Mala in se (“evil in itself “)-A crime or an act that is
inherently immoral, such as murder, arson, or rape
(Black's Law Dictionary, 9th ED.).
2.Mala prohibita (“prohibited Evil”) -An act that is a crime
merely because it is prohibited by statute, although the act
itself is not necessarily immoral (Id.).

it is really the nature of the act or ommision that makes a

crime either malum in se or malum prohibitum (BOADO,
compact reviewer in criminal law, (2016), p. 10)
[hereinafter BOADO compact reviewer]
 Three theories in Criminal Law:
1. Classical or Juristic theory
a. The basis of criminal liability is human free will and the
purpose of the penalty is retribution.
b. Man is essentially a moral creature with an absolutely
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.
c.it has been endeavored to establish a mechanical and
direct proportion between crime and penalty.
d. There is scant regard to the human element
(REYES, Book One,supra at 23).
2. Positivist or Realistic Theory
a. Man is subdued occasionally by a strange and morbid
phenomenon which constrains hinto do wrong, inspite
of or contary to his volition.
b. The crime is essentially a social and natural
phenomenon and as such, it connat be treated and
checked by applying law and jurisprundence nor by
imposition of a punishment, fixed and determined
a priori.
c.The purpose of penalty is refomation ( Id. at 24).
 3. Electric or Mixed Theory
A combination of both the classical and positive theories.
Our Code is considered electric i.e. the age of the
offender is taken into consideration and intoxication of the
offender is considered a mitigating circumstance unless it
is habitual or intentional (BOADO Compact Reviewer,
supra at 7).
4.Utilitarian or Protective theory
• the primary function of of punishment is to protect
society from potential and actual wrongdoers. The
retributive aspedct of penal laws should be directed
againts them (Ibid).
 Characteristic of criminal
law:(GTP)
• 1.General
• 2.Territorial
• 3.Prospective
(REYES, Book one, supra at 6

GENERAL
penal laws and those pf public security and safety shall be
obligatory upon all who live and sojourn in the philippine
territory, subject to the principles of public international law
and to treaty stipulations
(CIVIL CODE, Art. 14).
 exceptions to the general
application of criminal law:
1. Treaties or Treaty stipulations (RPC, Art 2)
a. the bases agreement entered into by and between the
republic of the philippines and the USA on March 14,
1947, which expired on September 16, 1991.
b. the agreement between the USA and the republic of the
philippines regarding the treatment of United States
Armed Forces visiting the philippines (RP-US Visiting
Forces Accord).
 Rules on Jurisdiction (Art. V)
1. a .Philippine authorites shall have jurisdiction over US
personel with respect to offenses commited within the
Philippines and punsihable by law of the Philippines.
b. US military autiorities shall have the right to exercise
within the Philippines all crimilnal and disciplinary
jurisdiction conferred on them by the military law of the US
over US personnel in the Philipppines.
 Rules on jurisdiction (Art. V)
2. a. Philippine authorities exercise exclusive jurisdiction
over US personnel with respect to offenses, including
offenses relating to the security of the philippines,
punishable under the laws of the philippines, but not under
the laws of the US.
b.US authorities exercise exclusive jurisdiction over US
personnel with respect to offenses, including offenses
relating to the security of the US, punishable under the
laws othe US, but not under the laws of the philippines
c.An offense relating to security means:
i.treason;
ii.sabotage;
iii.espionage;or
 Rules on jurisdiction (Art. V):
ii. offenses arising out of any act or ommision done in
performance of official duty.
c. The authorities of either government may request the
authorities of the other government to waive their
primary
right to exercise jurisdiction in a particular case (reyes,
Book one, supra at 10-11).
 2. Law of Preferential Application
(RPC, Art. 2) R.A. No. 75
penalizes acts which would impair the proper observance
by the Republic and its inhabitants of the immunities, rights
and privileges of duly-accredited foreign diplomatic
representatives in the Philipines (REYES, Book One, supra
at 11).
 What the Law Prohibits Sec. 4
Any writ or process issued out or prosecuted by any person
in any court of the Republic of the Philippines, or by any
judge or justice, whereby the person of any ambassador or
public minister of any foreign state, authorized and receive
as such by the president, or domestic servant of any such
ambassador or minister is arrested or imprisoned, or his
goods or chattles are distrained, seized, or attached, shall
be deemed void, and every person by whom the same is
obtained or prosecuted, wether as party or as attorney, and
every officer concerned in executing it, shall upon
conviction, be punished by imprisonment for not more than
three years and a fine or not exceeding two hundred pesos
in the discretion of the court.
 exceptions:
a. citizen or inhabitant of the Republic of the Phhilippines
provided:
i.in service of an ambassador
ii.process is founded upon a debt; and
iii.the debt is contracted before he entered upon such service
(RA. No. 75, sec. 5)
b. domestic servant of an ambassador or minister unless:
i. name of the servant has been registered in the DFA;and
ii. such registration was made before the issuance of the process
against the servant (R.A. No. 75, sec. 5).
Note; Not applicable when the foreign country adversely affected does
not provide similar protection to our diplomatic representatives (R.A.
No. 75, sec. 7).
 3. principles of public international
law (CIVIL CODE, Art. 14)
The following persons are not subject to the operation of our criminal
laws: (SCAM)
a.Sovereigns and other heads of state;
b.Charges d'affaires;
c.Ambassador;
d.Ministers plenipotentionary;and
e.Ministers resident (AMURAO, Book One, supra at 21).
General Rule:diplomatic representative, such ambasador or public
minister and their official retinue posses immunity from the criminal
jurisdiction of the country of their sojourn and connot be sued,
arrested or punishied by the law of that country(II Hyde,
International Law as Vienna Convention on Diplomatic Relations,
Articles 29 and 31).
 3. principles of public international
law (CIVIL CODE, Art. 14)
NOTE:The basis for granting immunity for diplomatic heads is par in
parem, non habet imperium- that all states are sovereign equals and
cannot assert jurisdiction over one another. The proscription is not for
the benefit of an individual, but for the State, in whose service he is the
diplomatic head (BOADO, Notes and Cases on the Revised Penal
Code, Books 1 and 2 and special penal laws, (2012). p. 29) [hereinafter
BOADO].
Consuls, Vice Consuls and Consular Officials do not enjoy the
immunity from criminal prosecution under Philippine Laws because
they merely represent their State's commercial, mercantile or business
interests (AMURAO Book One, supra, at 21)
NOTE: the main yardstick in ascertaining whether a person is a
diplomat entitled to immunity is the determination of whether or not he
performs duties of diplomatic nature
CRIMINAL LAW BOOK 1
• ATTY. JAY M. FERRARO
 Criminal Law
• is that branch of public law which defines
crimes, treats of their nature and provides
for their punishment.
THEORIES IN CRIMINAL LAW
• 1. Classical or Juristic Theory
• 2. Positivist or Realistic Theory
• 3. Eclectic or Mixed Theory
• 4. Utilitarian or Protective theory
 Classical or Juristic Theory
• The basis of criminal liability is human free will and the
purpose of the penalty is retribution.
• Man is 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 been endeavored to establish a mechanical and
direct proportion between crime and penalty.
• There is scant regard to the human element
 Positivist or Realistic Theory
• Man is subdued occassionally by a strange and morbid
phenomenon which constrains him to do wrong, in spite
of or contrary to his volition
• The crime is essentially a social and natural
phenomenon and as such, it cannot be treated and
checked by applying law and jurisprudence nor by
imposition of a punishment, fixed and determined a priori
• The purpose of penalty is reformation
 Eclectic or Mixed Theory
• A combination of both the classical
positive theories. RPC is considered
eclectic i.e. the age of the offender is
taken into consideration and intoxication of
the offender is considered a mitigating
circumstance unless it is habitual or
intentional
 Utilitarian or Protective Theory
• The primary function of punishment is to
protect society from potential and actual
wrongdoers. The retributive aspect of
penal laws should be directed against
them.
Characteristics of Criminal Law
• General
• Territorial
• Prospective
 CHARACTERISTICS OF CRIMINAL LAW

• General- criminal law is binding on all persons

who live or sojourn in the Philippines, regardless
of age, sex or nationality.
• Territorial- criminal laws are applicable only if
the crime is committed within Philippine territory.
• Prospective- criminal law cannot make an act
punishable in a manner in which it was not
punishable when committed. See Art 366. (The
law looks forward and not backwards)
 GENERAL
• Penal laws and those of public security
and safety shall be obligatory upon all who
live and sojourn in the Philippine territory,
subject to the principles of public
international law and to treaty stipulations
 EXCEPTIONS TO THE GENERAL
CHARACTERISTICS
1. As provided by treaty stipulations
a. The Base Agreement entered into by and between
the RP and USA on March 14, 1947, which expired on
September 16, 1991
b. The Agreement between the USA and the RP regarding
the treatment of US Armed Forces visiting the
Philippines (RP-US Visiting Forces Accord)
2. As provided by laws of preferential
applications- RA 75 grants protection to
diplomatic representatives, ambassador or other
public ministers of foreign countries including
their domestic servants authorized and received
by the President. Thus, it penalizes acts which
would impair the proper observance by the
Republic and its inhabitants of the immunities,
rights, and privileges of duly-accredited foreign
diplomatic representatives in the Philippines.
 What RA 75 prohibits?
• Sec. 4. Any writ or process issued out or prosecuted by
any person in any court of the RP, or by any judge or
justice, whereby the person of any ambassador or public
minister of any foreign State, authorized and received as
such by the President, or any domestic servant of any
such ambassador or minister is arrested or imprisoned,
or his goods or chattels are distrained, seized, or
attached, shall be deemed void, and every person by
whom the same is obtained or prosecuted, whether as
party or as attorney, and every officer concerned in
executing it, shall upon conviction, be punished by
imprisonment for not more than three years and a fine of
not exceeding 200 pesos in the discretion of the court.
Laws which exempt certain individuals from
criminal prosecution - Ex. Privilege
Speech and Debate
Members of Congress are immune from
being prosecuted for slander for every
statement, speech or debate they make
inside the halls of Congress while in
regular or special session
• 3. Persons who are exempt because of
certain principles of international laws:
• Sovereigns and other heads of States
• Ambassadors, minister plenipotentiaries,
minister residents and charges d’ affaires.
 General Rule
• Diplomatic representatives, such as
ambassadors or public ministers and their
official retinue, possess immunity from the
criminal jurisdiction of the country of their
sojourn and cannot be sued, arrested, or
published by the law of that country
 Basis for granting
Immunity for Diplomatic Heads
• par in parem, non habet imperium
• that all States are sovereign equals and
cannot assert jurisdiction over one another
 DIPLOMATIC IMMUNITY
FROM SUIT
• Under the generally accepted principles of
international law, SOVEREIGNS, HEADS
OF STATES AND OTHER DIPLOMATIC
REPRESENTATIVES are immune from
the criminal jurisdiction of the country
where they reside, sojourn or are assigned
 Exception
• Consuls, vice consuls and consular
officials– do not enjoy the immunity from
criminal prosecution under Philippine laws
because they merely represent their
State's commercial, mercantile or business
interest.
Exception to the exception
• When there is a treaty stipulation between
the mother country of the consul and the
host country to give immunity on consuls
 Exterritoriality
• A term of international law which signifies
the immunity of certain persons who,
although in the State, are not amenable to
its laws. (e.g. ambassadors, ministers
plenipotentiary etc.)
 TERRITORIAL
• Criminal laws undertake to punish crimes
committed within the Philippine territory

General Rule: Penal laws of the Philippines

have force and effect only within its territory
 Intraterritoriality
RPC is made applicable within the Philippine
territory
 Extraterritoriality
• The application of the RPC outside the
Philippine territory
 EXCEPTIONS TO THE TERRITORIAL
CHARACTERISTICS

1. Article 2, RPC
 Article 2, RPC
1. When the offender shall commit an offense on a
Philippine ship or airship.
2. When the offender should forge or counterfeit any coin
or currency note of the Philippines or obligations and
securities issued by the Philippine government.
3. When the offender should be liable for the acts
connected with the introduction into the Philippines of the
obligations and securities mentioned in number two.
4. When the offender who is a public officer or employee
abroad shall commit an offense in the exercise of his
functions.
5. When the offender should commit an offense against
the national securities and the laws of nations.
 Requisites;
Par. 1, Article 2, RPC
a. The crime must be committed on board a
private or merchant ship;
b. The ship or airship must be registered in
the Philippines under Philippine laws; and
c. The crime must be committed while the
registered Philippine ship or airship is on
international waters
 Philippine vessel or aircraft
• one which is registered with the Maritime
Industry Authority (MARINA) or with the
Civil Aeronautics Board (CAB) in
accordance with Philippine laws
RULES ON CRIMES COMMITTED ABOARD FOREIGN MERCHANT
VESSEL WHILE WITHIN PHILIPPINE WATERS

• English Rule- the crime is punishable in

the Philippines, unless the crime merely
affects things within the vessel.
• French Rule- the crime is not triable in the
courts of that country (Philippines), unless
their commission unless their commission
has effects on the safety of the coastal
State.
 PHILIPPINE EMBASSIES
ABROAD
The Revised Penal Code of the Philippines
will apply if the crime was committed
within Philippine embassies abroad. This
is so because they are considered
extensions of Philippine territory.
 Foreign Warships
• Warships are always reputed to be the
territory of the country to which they
belong and cannot be subjected to the
laws of another State. Thus, their
respective national laws shall apply to
such vessels wherever they may be found.
 Par. 2, Article 2, RPC
• Forgery is committed by giving to a
treasury or bank note or any instrument
payable to a bearer or to order the
appearance of a true genuine document or
by erasing, substituting, counterfeiting or
altering by any means, the figures, letters,
words or signs contained therein.
• If forgery was perpetrated abroad, the
object of the crime must be a coin,
currency note or obligations and securities
issued by the Government of the
Philippines
 Par. 3, Article 2, RPC
• Those who introduced or brought the
counterfeit items in the PH are criminally
liable even if they were not the ones who
counterfeited the same because
introduction and counterfeiting are
separately enumerated under Art. 2
 Par. 4, Article 2, RPC
• e.g. Direct Bribery, Indirect Bribery,
Malversation of Public Funds or Property
etc.)
 Par. 5, Article 2, RPC
• Crimes against national security and the
law of nations
• Note: Terrorism as defined by R.A. No.
9372 otherwise known as the Human
Security Act of 2007, is now a crime
against national security and the law of
nations
• RA 9372 has extraterritorial application
• Repealed by R.A. 11479 otherwise known
as “The Anti-Terrorism Act of 2020”
 PROSPECTIVE
• Also known as prospectivity
• Also known as irretrospectivity.
• It means the law (as a general rule) does
not have retroactive effect.
LEX PROSPICIT NON RESPICIT
 General Rule
• Criminal law cannot penalize an act that
was not punishable at the time of its
commission
• As provided under Art. 366, RPC, crimes
are punishable under the laws in force at
the time of their commission
 Exception
Favorabilia Sunt Amplianda
Adiosa Restrigenda

Penal laws favorable to the accused are

given retroactive effect
 CONSTRUCTION OF PENAL LAWS

• Penal laws are strictly construed against

the State and liberally in favor of the
accused
• If there is a conflict between the Spanish
text and the English text, the Spanish text
prevails
Reason: Because it was approved by
the Philippine Legislature in its Spanish text
 EXCEPTION TO THE PROSPECTIVE CHARACTERISTICS:
When the new law is favorable to the accused.

EXCEPTION TO THE EXCEPTION

• When the offender is a habitual criminal.
• When the new law expressly provides it
has no application or retroactive effect to
pending actions/cases.
 PRO REO DOCTRINE
• Whenever a penal law is to be construed
or applied and the law admits of two
interpretations - one lenient to the offender
and one strict to the offender - that
interpretation which is lenient or favorable
to the offender will be adopted
 Basis
• The fundamental rule that all doubts shall
be construed in favor of the accused and
presumption of innocence of the accused
 Legal Maxims
• Nullum crimen nulla poena sine lege -
There is no crime when there is no law
punishing it
• Actus non facit reum, nisi mens sit rea -
The act cannot be criminal unless the
mind is criminal
• Actus me invito factus non est meus actus
- An act done by me against my will is not
my act
• El que es causa dela causa es causa del
mal causado - He who is the cause of the
cause is the cause of the evil caused

• In dubio, pro reo - When in doubt, for the

accused
 LIMITATIONS ON THE POWERS OF
CONGRESS TO MAKE LAWS
• No Ex Post Facto Law shall be enacted.- Ex Post Facto Law is a
law that makes criminal an act done before the passage of the law
and which was innocent when done, and punishes such an act; it
may also be defined as a law which aggravates a crime, or makes it
greater than it was, when committed.
• No Bill of Attainder shall be passed. – A bill of attainder is a law
which inflicts punishment without trial.
• No person shall be deprived of life, liberty or property without
due process of law- The law must must be fair and reasonable and
the accused must be given the opportunity to be heard and be
accorded the rights to which he is entitled.
• Excessive fines shall not be imposed nor cruel or unusual
punishment.
 WARNING: DATE OF EFFECTIVITY IS
DIFFERENT FROM DATE OF APPROVAL

• Article 1. Time when Act takes effect-

JANUARY 1, 1932.
• Article 367. RPC approved on December
8, 1930.
 FELONY
Art. 3. Definitions. — Acts 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 is performed with
deliberate intent and there is fault when the
wrongful act results from imprudence,
negligence, lack of foresight, or lack of skill.
ELEMENTS OF FELONIES IN GENERAL:

• An act or omission
• Act or omission punishable by the RPC
• Act is performed or omission is incurred by
means of dolo or culpa.
• Act- is any bodily movement tending to
produce some effects in the external
world.
• Omission- inaction, the failure to perform
an act one is bound to do.
 REQUISITES OF DOLO OR MALICE
(INTENTIONAL FELONIES)

• Freedom of action
• Intelligence
• Intent
 REQUISITES OF FAULT OR CULPA
(CULPABLE FELONIES)

• Freedom of action
• Intelligence
• Imprudence negligence, lack of foresight
or lack of skill
 CRIMINAL INTENT
• INTENT is the use of a particular means to
achieve a desired result.
• Since intent is a state of mind, how can it
be determined? – by the means employed
or in the mere act of the person in
committing the crime
• Example: Use of a lethal weapon although
death did not arise
 Motive
• the moving power which impels one to
action for a definite result
 illustration
• A, who is jealous of B shot the latter as a
result of which B died. The intent is to kill;
the motive is jealousy.
 Motive: when relevant?
• a. If the evidence is merely circumstantial;
• b. Where the identification of the accused
proceeds from an unreliable source and
the testimony is inconclusive and not free
from doubt;
• c. In ascertaining the truth between 2
antagonistic theories or versions of the
killing;
• d. Where there is no eyewitness to the
crime, and where suspicion is likely to fall
upon a number of persons;
• e. When there is doubt as to the identity of
the assailant; and
• f. When the act is alleged to be committed
in defense of a stranger but it must not be
induced by revenge, resentment or other
evil motive.
 IGNORANTIA LEGIS NON
EXCUSAT
• Ignorantia legis non excusat-

IGNORANCE OF THE LAW EXCUSES

NO ONE FROM COMPLIANCE
THEREWITH
IGNORANTIA FACTI EXCUSAT

• IGNORANCE OF FACTS EXCUSES

• Ignorantia Facti Excusat is a Latin legal maxim
that means ignorance of a fact is an excuse. Any
act done under a mistaken impression of a
material fact is excused (us.legal.com)
Actus me invito factus non est
meus actus

An act done by me against my

will is not my act.
 CRIMES MALA IN SE vs. CRIMES
MALA PROHIBITA
CRIMES MALA IN SE CRIMES MALA
PROHIBITA

1. Those which are so 1. These are violations

serious in effects to the of mere rules of
so society so as to call convenience designed
for their unanimous to secure a more orderly
condemnation. affairs of the society.
 CRIMES MALA IN SE CRIMES MALA
PROHIBITA

2. Wrongful in nature. 2. Made wrongful only

Since the beginning of by statute.
time
Note:Laws that merely amend the provisions of the RPC, such as P.D. No. 533
(Anti-Cattle Rustling Law of 1974) which amended Arts. 308, 309 and 310, do
not convert their violations into mala prohibita

CRIMES MALA IN SE CRIMES MALA

PROHIBITA

3. Generally punished 3. Punished by special

by Revised Penal Code. penal laws.

4. Intent is necessary 4. Intent may not be

necessary.
 CRIMINAL LIABILITY
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 an account of the
employment of inadequate or ineffectual means.
Article 4 (1) may refer to either:

• Error in personae- mistake in

identity of victim.
• Aberratio Ictus- mistake in blow.
• Praeter Intentionem- result done is
greater than that originally intended.
 Error in Personae
• the penalty is that provided for in Art. 49,
RPC, that is, the penalty the lesser crime
in its maximum period.
 illustration:
• A intended to kill B. One night, A shouted
at the person whom he thought to be B.
An altercation ensued. In the process, A
fired his gun at the person who died as a
consequence. It turned out that the person
whom he shot and killed was not B but his
own father. What crime is committed by
A?
• In this case, A is liable for parricide, the
crime which was actually committed.
When he fired his gun, he acted with
intent. He is liable for all the direct, logical
and natural consequences of his felonious
act, whether foreseen, intended, or
unintended. The fact that the victim is
different from the one A intended to kill
does not exculpate him from criminal
liablity
• Applying Art. 49, RPC, the penalty
imposable is not the penalty for parricide
which was the one committed, but the
penalty of homicide which is the crime
intended to be committed, the penalty
being lesser than the penalty for parricide
which was actually committed. But the
penalty for homicide which is reclusion
temporal shall be imposed in its maximum
period
 Aberratio Ictus
• The penalty for graver offense in its
maximum period pursuant to art. 48, RPC
• A intended to shoot B but because of lack
of precision, it was C, a bystander, who
was hit, causing his death. In this case,
there is a complex crime of Attempted
Murder and Homicide
• If C did not die but sustained injuries, there
is still a complex crime of attempted
murder and serious or less serious
physical injuries; however, there can be no
complex crime if C sustained slight
physical injuries as the same is only a light
felony.
• Note: There is intent to kill insofar as the
case of C is concerned.
 Praeter Intentionem
• Mitigating Circumstance
 illustration
• A boxed B with the intention of inflicting a
lump on B. As a result of the blow, B lost
his balance and fell to the ground with his
head hitting the pavement causing his
death. A is liable for homicide.
 Rationale of Par. 1

El que es causa de la causa es causa del

mal causado.

Meaning: He who is the cause of the cause

is the cause of the evil caused.
• There is a bus which was traveling EDSA
and reached a certain portion in QC where
4 persons alight the bus and announced a
hold-up at gunpoint. One passenger, Y,
happened to have a previous bad
experience with hold-ups, she was so
afraid that she panicked and opened the
window and jumped out of the bus, fell on
her head and died.
• Are the 4 robbers criminally liable for the
death of the victim Y?
• YES, because when they announced a
hold-up at gunpoint, they were performing
a felonious act. Thus, they are criminally
liable for the resulting felony although
different from that which intended. That by
reason of the said threat or fear, Y jumped
out of the window and performed acts out
of the said felonious acts of the said
offenders. Thus, the direct, natural and
logical consequence of the felonious act of
announcing a hold up.
• What crime is committed?
• In the same problem, if Y fell in the street
and a jeepney innocently driven by W,
who was driving carefully, bumped and
killed her.

• Will this change your answer?

• Is W criminally liable?
• They are still liable for her death. While W
will be exempted for he was performing
lawful act without fault or intent on his part.
(Robbery with homicide)
X while having a nap one afternoon, was
awakened by noise of children in his
backyard. He saw 4 boys harvesting his
mango tree. He called on the boys to come
down otherwise he will call the police. One
boy from the topmost portion of the tree, in
fear, hurriedly went down, jumped, his head
hits the floor and died. Is X liable for his
death?
• NO. X was not doing a felonious act . He
was acting within his rights. It would be
different if X went out of the yard with his
shotgun saying “If you don’t come down I
will shoot you” and shot the gun 3 times in
the air. He was now performing a felonious
act amounting to grave threats.
IMPOSSIBLE CRIME, DEFINED
IMPOSSIBLE CRIMES- those crimes which
would have been committed against person or
property were it not for the inherent impossibility
of its accomplishment or on account of the
employment of inadequate or ineffectual means.
The purpose of the law in punishing impossible
crime is to suppress criminal propensities or
tendencies. The penalty for impossible crime is
arresto mayor or fine of P200-500 (Article 59).
 REQUISITES OF IMPOSSIBLE CRIMES

1. The act performed would have been an

offense against persons or property.
2. The act was done with evil intent
3. Its accomplishment is inherently
impossible because it the means either
inadequate or ineffectual
4. The act does not constitute another
violation of the RPC.
 Felonies against persons:
• (murder, homicide, parricide, infanticide,
duel, rape, abortion, physical injuries)
 Felonies against property:
• (brigandage, robbery, usurpation, culpable
insolvency, theft, swindling, arson,
malicious mischief)
• A kidnapped X, the son of Y and Z. A sent
a ransom note, but before such reached
the parents, the said child was already
rescued by the NBI. Can A be charged of
an impossible crime of Kidnapping for
ransom?
 Legal Impossibility
• Ex. Killing a dead person
Physical or Factual Impossibility
• A wanted to take the wallet of B. He
placed his hands inside the pocket of B,
but the wallet was not there. It would have
been a crime of theft, but because of the
physical impossibility or the wallet was
absent unknown to A – impossible crime
of theft
• When a person steals a check which was
later dishonored
 Notes:
• There is no attempted or frustrated
impossible crime. It is always
consummated and applies only to grave or
less grave felonies.

• Under Art. 59, RPC, the penalty for

impossible crime is arresto mayor or a fine
ranging from 200-500 pesos.
 Consummated/Frustrated and
Attempted Felonies
• Consummated - A felony is consummated when
all the elements necessary for its execution and
accomplishment are present.
• Frustrated - A felony 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 will of
the perpetrator
• 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.
• X the stepfather of the child A went to the
room of the child, undressed her, placed
himself on top of her, and took off his
shorts. When he was about to rape the
child, he saw the door was open and his
son B was peeping through it. He got up
and left. What crime is committed?
• Attempted Rape. He did overt acts directly
related to rape but does not do it by
reason of some cause or accident other
than his own spontaneous desistance
which was the presence of his son at the
door peeping.
• In attempted rape, there is intent to have
carnal knowledge or sexual intercourse. In
acts of lasciviousness, there is none.
FORMAL CRIMES vs. MATERIAL
CRIMES
• Formal crimes- are crimes consummated
in one instant. There is only one stage and
that is consummated stage.(Adultery,
Physical Injuries, Slander, False
Testimony)
• Material crimes have three stages of
execution, attempted, frustrated and
consummated.

.
 Stages of Development of a
Crime
• 1. Internal acts:
• a. Such as mere thoughts or ideas in the
mind of a person
• b. Not Punishable
 2. External Acts
• a. Preparatory Acts
• i. These are initial acts of a person who
has conceived the idea of committing a
crime, but which cannot by themselves
logically and necessarily ripen into a
concrete offense. They are not even an
overt act and hence, they do not constitute
the attempted stage of the acts of
execution.
• ii. Ordinarily not punished except when
considered by law as independent crimes
(e.g. Art. 304, RPC - Possession of
Picklocks and Similar Tools)
b. Acts of Execution - punishable under the
RPC
 Stages of execution do not
apply to the ff.:
• 1. offenses punished by special penal laws;
• 2. Formal crimes;
• 3. Impossible crimes - as the crimes cannot even be
consummated;
• 4. Crimes consummated by mere attempt (attempt to
flee to an enemy country, treason, corruption of minors);
• 5. Felonies by omission; and
• 6. Crimes committed by mere agreement (betting in
sports, corruption of public officers)
 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 accused may be
convicted of a felony defined by the acts
performed by him up to the time of
desistance.
 illustration:
• The accused was caught opening with an
iron bar a wall of a store of cheap goods.
He broke one board and was unfastening
another when a patrolling police caught
him. He was charged with attempted
robbery.

• Was he charged of a correct felony?

 NO
• The crime committed is only attempted trespass
to dwelling based on the acts performed by him
before being caught. There is something yet for
him to do to make him liable for the offense
charged. The final objective of the accused,
once he succeeded in entering the store, maybe
to rob, to cause physical injury, or to commit any
other offense. In such case, there is no
justification in finding the offender guilty of
attempted robbery by the use of force upon
things.
 Crimes which do not admit of a
frustrated stage
• a. Rape, since the gravamen of the
offense is carnal knowledge, hence, no
matter how slight the penetration, the
felony is consummated;
• b. Indirect Bribery, because it is committed
by accepting gifts offered to the public
officer by reason of his office. If he does
not accept, he does not commit the crime.
If he accepts, it is consummated.
• c. Direct Bribery;
• d. Corruption of Public Officers, because
the offense requires the concurrence of
the will of both parties, such as that when
the offer is accepted, the offense is
consummated. But when the offer is
rejected, the offense is merely attempted
• e. Adultery, because the essence of the
crime is sexual congress
• f. Physical Injury, since it cannot be
determined whether the injury will be
slight, less serious, or serious unless and
until consummated
• g. Theft, because the unlawful taking
immediately consummates the offense
and the disposition of the thing is not an
element thereof.
 Rape
- It is consummated by mere penetration of
the male organ no matter how slight or
superficial.
- The mere introduction of the penis into the
labia mejora of the victim's genitalia
engenders the crime of rape.Hence, it is the
“touching” or “entry” of the penis into the
labia mejora or the labia minora of the
pudendum of the victim's genitalia that
consummates rape.
• There is no crime of frustrated rape. The
case of People vs. Erinia (G.R. No.
26298), January 20, 1927) was an
exception since the victim was only 3
years old and 11 months. (Justice Malcolm
• dissented; Consummated)
 MHPI
• 1. With intent to kill, but no mortal wound
is inflicted - attempted
• 2. With intent to kill, mortal wound is
inflicted but victim does not die - frustrated
• 3. The moment the victim dies, intent to kill
is conclusively presumed - consummated
 Rules on crimes against persons (MHPI) and
stages of execution
Death Results Intent to Kill Gravity of the Crime committed
Wound
Yes Presumed Mortal MHPI
No Yes Mortal Frustrated MHPI
No Yes Non-mortal Attempted MHPI
No Yes Overt act only - no Attempted MHPI
wound
No No Mortal wound Serious Physical
Injuries
NO No Non-mortal wound Less
serious/slight
physical injuries
Art. 7. When light felonies are
punishable. — Light felonies are
punishable only when they have been
consummated, with the exception of those
committed against person or property.
LIGHT FELONIES, DEFINED

Light felonies are those infractions of law

for the commission of which a penalty of
arrest menor or a fine not exceeding 200
(now 40,000) pesos or both; is provided.
(RA 10951)
 Light Felonies under RPC
• 1. Slight physical injuries (Art. 266);
• 2. Theft (Art. 309 pars. 7 and 8), when the value
of thing stolen is less than five pesos and theft is
committed under the circumstances enumerated
under Art. 308, par. 3;
• 3. Alteration of boundary marks (Art. 313);
• 4. Malicious mischief (Art. 328, par. 3; Art. 329,
par. 3, when the value of the damage does not
exceed 200 pesos or cannot be estimated; and
• 5. Intriguing against honor (Art. 364)
 Note:
• For light felonies, the only ones who can
be held liable are the principals and
accomplices.
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 therefor.
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.
 GENERAL RULE
• Mere conspiracy to commit a crime is not
punishable.
• Reason: Conspiracy and Proposal to
Commit a Felony are punishable only in
the cases in which the law specifically
provides a penalty therefore.
 The law specially provides for mere
conspiracy in:

1. Treason (Art.115);
2. Rebellion or Insurrection (Art. 134);
3. Coup d' etat (Art. 134-A);
3. Sedition (Art. 141);
4. Monopolies in restraint of trade or commerce
(Art. 186)
 Under special penal laws:
• 1. Selected acts committed under the
Dangerous Drugs Act (RA No. 9165);
• 2. Espionage (CA 616);
• 3. Illegal Association;
• 4. Highway Robbery;
• 5. Arson; and
• 6. Terrorism under the Human Security
Act (RA No. 9372) as repealed by RA
11479
 RULE IN CONSPIRACY

WHEN THERE IS CONSPIRACY

BETWEEN OR AMONG THOSE WHO
COMMITTED THE CRIME THE ACT OF
ONE IS THE ACT OF ALL.
• A, B and C went to the house of X armed
with guns. A knocked at the door, X
opened the door, B fired multiple shots at
X, C closed the door. A, B and C left.
Later, they were arrested and as
conspirators, were charged with murder. A
raised the defense that his only
participation was to knock at the door and
not the one who killed X; and C said he
only closed the door, thus not conspirators
 People v. Garchitorena
• YES. There is Direct Conspiracy
 General Rule:
• Once conspiracy is established, each and
everyone of the conspirators is made
criminally liable for the crime committed by
anyone of them.
 Exception:
• Unless one or some of the conspirators
committed some other crime which is not
part of the intended crime
 Proposals punished under the
RPC
1. Proposal to commit treason (Art. 115);
2. Proposal to commit rebellion or
insurrection (Art. 136)
3. Proposal to commit coup d’ etat
 Note:
• There is no crime of proposal to commit
sedition
 CLASSIFICATION OF FELONY
ACCORDING TO GRAVITY
Art. 9. Grave felonies, less grave felonies and light
felonies. — Grave felonies are those to which the law
attaches the capital punishment or penalties which in
any of their periods are afflictive, in accordance with Art.
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 Art..
Light felonies are those infractions of law for the
commission of which a penalty of arrest menor or a fine
not exceeding 200 pesos (now not exceeding 40,000
pesos) or both; is provided.
Q: What are some of the practical use of knowing
whether a certain offense is grave, less grave
or light felony?

a. It will give us a clue whether these can be

complexed with another crime
b. To determine prescription of crime and penalty
c. Gives us an idea until when an accused may
be legally detained
d. All of the above.
 GRAVE FELONIES
• 1. Reclusion Perpetua;
• 2. Reclusion Temporal;
• 3. Perpetual or Temporary Absolute
Disqualification;
• 4. Perpetual or Temporary Special
Disqualification;
• 5. Prision Mayor; and
• 6. Fines of more than 1.2M pesos.
 LESS GRAVE FELONIES
• 1. Prision Correctional;
• 2. Arresto Mayor;
• 3. Suspension;
• 4. Destierro; and
• 5. Fines of 40,000 pesos to 1.2M
 LIGHT FELONIES
• 1. Arresto Menor; or
• 2. Fine less than 40,000 pesos.
 PRINCIPAL PENALTIES
1. Capital Punishment:
• Death
2. Afflictive Penalties
• Reclusion perpetua- 20 yrs.+1 day to 40 yrs.
• Reclusion temporal- 12 yrs.+1 day-20 yrs
• Perpetual or temporary absolute disqualification-6 yrs.+1 day to 12 yrs.
• Perpetual or temporary special disqualification- 6 yrs.+1 day to 12 yrs.
• Prision Mayor-6 yrs. + 1 day to 12 years
3. Correctional penalties
• Prision correctional- 6 mos.+ 1 day to 6 yrs.
• Arresto mayor-1 month + 1 day to 6 mos.
• Suspension- 6 mos+1 day to 6 yrs.
• Destierro- 6 mos. +1 day to 6 years
4. Light penalties
• Arresto menor- 1 day to 30 days
• Public censure
 ACCESORY PENALTIES
• Perpetual or temporary absolute disqualification
• Perpetual or temporary special disqualification
• Suspension from public office, the right to vote
and be voted for
• Civil Interdiction
• Indemnification
• Forfeiture or confiscation of instrument sand
proceeds of the offense
• Payment of cost
 DIVISIBLE and INDIVISIBLE
PENALTIES

1. Divisible penalties – those that have fixed

duration and divisible into three periods,
minimum, medium and maximum periods.
2. Indivisible penalties – Those that have no
fixed duration, and have no minimum,
medium and maximum periods.
PERPETUAL ABSOLUTE DISQUALIFICATION DISTINGUISH FROM
TEMPORARY ABSOLUTE DISQUALIFICATION

PERPETUAL ABSOLUTE DISQUALIFICATION

– effective during the lifetime of the convict and
even after service of sentence. It stays with him
forever.

TEMPORARY ABSOLUTE DISQUALIFICATION

– lasts only during the term of the sentence. Its
gone after the service of sentence.
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.
 General Rule:
• RPC provisions are supplementary to
special penal laws.
 Exceptions:
• 1. Where the special penal law provides
otherwise; and
• 2. When the provisions of the RPC are
impossible to apply, either by express
provision or by necessary implication
• Thus, when the special penal law adopts
the nomenclature of penalties imposed in
the RPC, such as RP, RT, etc., the
provisions of the RPC and the rules and
application of the attendance of mitigating
and aggravating circumstances may be
applied.
 SPECIAL PENAL LAW,
DEFINED
Special Penal Law- a law which defines
and punishes act not found in the RPC
 CIRCUMSTANCES AFFECTING
CRIMINAL LIABILITY

1. Justifying Circumstances
2. Exempting Circumstances
3. Mitigating Circumstances
4. Aggravating Circumstances
5. Alternative Circumstances
OTHER CIRCUMSTANCES OR FACTORS
WHICH AFFECT CRIMINAL LIABILITY
• 1. Absolutory cause - the effect is to
absolve the offender from criminal liability,
although not from civil liability.
Examples of Absolutory Causes
• 1. Spontaneous Desistance;
• 2. Slight or less serious physical injuries
inflicted under exceptional circumstances;
• 3. Attempted or frustrated light felonies;
• 4. Instigation;
• 5. Marriage of the offender and the
offended party in cases of seduction,
abduction,s of lasciviousness and rape;
• 6. Accessories who are exempt from
criminal liability by reason of relationship
and in light felonies;
• 7. Adultery and concubinage if the
offended party shall have consented or
pardoned the offenders;
• 8. Persons exempt form criminal liability
for theft, swindling and malicious mischief;
and
• 9. Trespass to dwelling when the purpose
of entering another's dwelling against the
latter's will is to prevent some serious
harm to himself, the occupants of the
dwelling or a third person, or for the
purpose of rendering some service to
humanity or justice, or when entering
cafes, taverns, inns and other public
places, while the same are open.
• Entrapment is not an absolutory cause. A
buy bust operation conducted in
connection with illegal drug-related
offenses is a form of entrapment.
• Instigation is considered an absolutory
cause.
• If the one who made the instigation is a
private individual, not performing public
function, both he and the one induced are
criminally liable for the crime committed;
the former as, as principal by direct
participation.
• 2. Extenuating circumstances - the effect
is to mitigate the criminal liability of the
offender and has the same effect as
mitigating circumstances (i.e. concealment
of dishonor in the crime of infanticide
insofar as the mother and maternal
grandparents are concerned, the penalty
is lowered by 2 degrees; the crime of
adultery committed by a married woman
abandoned by her husband)
JUSTIFYING CIRCUMSTANCES,
DEFINED
Those where the act of a person is said to
be in accordance with the law, so that he
in the eyes of the law is considered not to
have violated the law and is therefore free
from criminal and civil liabilities.
 QUICK ENUMERATION OF
JUSTIFYING CIRCUMSTANCES
1. Self defense
2. Defense of relatives
3. Defense of strangers
4. Avoidance of greater evil
5. Fulfillment of duty
6. Obedience to order of superior.
 Imposition of Civil Liability
• General Rule: There is no civil liability
when the act or omission is considered
justified.
 Exception:
• Par. 4 of Article 11 (Avoidance of greater
evil or injury) where the civil liability is
borne by the persons benefited by the act.
1. Anyone who acts in defense of SELF DEFENSE
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.
 THREE REQUISITES OF SELF
DEFENSE

1. Unlawful aggression.
2. Reasonable necessity of the means
employed to prevent or repel it.
3. Lack of sufficient provocation on the part
of the person defending himself.
 Subjects of Self-Defense
• 1. Defense of Person;
• 2. Defense of Rights;
• 3. Defense of Property; and
• 4. Defense of Honor.
• In case of threat, the same must be
offensive and positively strong, showing
the wrongful intent to cause an injury.
• A mere threatening or intimidating attitude;
not preceded by an outward and material
aggression, is not unlawful aggression.
• Slapping of a face constitutes an unlawful
aggression because the face represents a
person and his dignity and is considered
as a serious personal attack. It is a
physical assault coupled with a willful
disregard or a defiance of an individual's
personality.
• A saw enemy B, pulled out his gun and
shot B. B evaded the blow. A again shot B
and again he evaded the blow. For the 3rd
time A was about to shoot B when B
immediately took out his balisong and hit
A. A was seriously wounded and was
brought to the hospital and survived. B
was prosecuted for frustrated homicide. B
invoked self defense.
• Is there unlawful aggression on the part of
A?
• YES
• Is there reasonable necessity of means
employed?
• YES
• Is there provocation based on the facts
given on the part of B?
• No

• Thus, B acted in self defense

• So free from criminal and civil liability
 Anti-Violence against Women and their
Children Act of 2004 (R.A. No. 9262)
• Victim-survivors who are found by the
courts to be suffering from Battered
Woman Syndrome do not incur any
criminal or civil liabilty notwithstanding the
absence of any of the elements for
justifying circumstances of self-defense
under the RPC.
• The law provides for an additional
justifying circumstance.
 Battery
• It is any act of inflicting physical harm
upon the woman or her child resulting to
physical and psychological or emotional
distress.
 Battered Woman Syndrome
• It is a scientifically defined pattern of
psychological and behavioral symptoms
found in women living in battering
relationships as a result of cumulative
abuse.
Cycle of violence has 3 phases:
• 1. The tension building phase;
• 2. The acute battering incident; and
• 3. The tranquil, loving (or at least non-
violent) phase
• Note: The defense should prove all 3
phases of the cycle of violence
characterizing the relationship of the
parties.
2. Any one who acts in defense of DEFENSE OF RELATIVES
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.
REQUISITES OF DEFENSE OF
RELATIVES
1. Unlawful aggression.
2. Reasonable necessity of the means
employed to prevent or repel it.
3. In case the Provocation was given by the
person attacked, that the one making
defense had no part therein.
Relatives who can be defended:
• 1. Spouse;
• 2. Ascendants;
• 3. Descendants;
• 4. Legitimate, natural or adopted Brothers
and Sisters, or relatives by affinity in the
same degrees; and
• 5. Relatives by Consanguinity within the
4th civil degree.
Anyone who acts in defense DEFENSE OF
of the person or rights of a STRANGERS
stranger, provided that the
first and second requisites
mentioned in the first
circumstance of this article
are present and that the
person defending be not
induced by revenge,
resentment, or other evil
motive.
 REQUISITES OF DEFENSE OF
STRANGERS
1. Unlawful aggression.
2. Reasonable necessity of the means
employed to prevent or repel it.
3. The person defending be not induced by
revenge, resentment, or other evil motive.
 Stranger
• Any person not included in the
enumeration of relatives under par. 2 of
Art. 11, RPC.
• A person defending his common-law
spouse or adopted child falls under this
paragraph.
• Motive is relevant only in this kind of
defense.
• It is necessary that the one defending the
stranger must not only be motivated by the
disinterested motive of trying to help a
stranger and not induced by revenge,
resentment or evil motive.
• When the aggressor flees, there is no
more unlawful aggression; also when the
aggressor manifested his honest desire to
stop the fight.
• When the aggressor has been disarmed,
there could be no more unlawful
aggression
• There is no unlawful aggression when
there is an agreement to a fight.
• Rights involved in self defense include
defense of honor and property.
• The belief of the accused is considered in
determining the existence of unlawful
aggression.
• But a mere threatening attitude is not
unlawful aggression.
Any person who, in order to avoid AVOIDANCE OF
an evil or injury, does an act which
causes damage to another, GREATER EVIL/STATE
provided that the following OF NECESSITY
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.
REQUISITES OF AVOIDANCE OF
GREATER EVIL

1. That the evil sought to be avoided actually

exists;
2. That the injury feared be greater than that
done to avoid it;
3. That there be no other practical and less
harmful means of preventing it.
• Taxi driver in collision with a truck without
early warning device, in fear of his life and
his passengers, he instead hits the taxi to
a store. Under such circumstance, the
driver and those who benefited must bear
the civil liability for the damage to the store
• Taxi driver entered a one way street.
When inside, he saw ahead that there is a
cliff. If he swerves to the left, he will hit
construction workers. If to the right he will
hit a nipa hut. He swerved to the left and
injured the workers. He invoked state of
necessity.
• (No. He was the author of such state of
necessity)
• There was an accident and there was a
pregnant woman and was brought to the
hospital. The doctor can only save 1 life,
either the mother or the fetus. Since the
family was not there and time is of the
essence, the doctor opted to save the
mother, the fetus died. Can the doctor be
held criminally liable?
• Evil sought to be avoided actually exists?
– Yes. The death of both mother and fetus
• Injury feared be greater than that done to
avoid it? – Yes. Fear of death of both is
greater than death of fetus
• No other practical and less harmful
means? – Yes. Only way is to save the
mother
• There is a state of necessity, thus,
acquitted
Any person who acts in FULFILLMENT OF DUTY
the fulfillment of a duty
or in the lawful exercise
of a right or office.
REQUISITES OF FULFILMENT OF
DUTY
1. The accused acted in the performance of
duty or in the lawful exercise of a right or
office.
2. The injury caused is the consequence of
the due performance of duty or the lawful
exercise of such right or office.
Any person who acts in OBEDIENCE TO AN
obedience to an order ORDER OF A SUPERIOR
issued by a superior for
some lawful purpose.
REQUISITES OF OBEDIENCE TO
AN ORDER OF SUPERIOR

1. There must be an order given by a

superior
2. The order is for some lawful purpose
3. Means employed by subordinate in
carrying out the order must also be lawful
• There is a warrant of arrest against A. The
chief police officer armed with the warrant
formed a team headed by police officer X.
The chief of police gave the warrant to
police officer X with the instruction to
arrest A and in case of resistance by A,
they may immobilize the said person.
When the team went, they saw A
sweeping the ground. Upon seeing him,
• the head of the team immediately fired at
A and the latter died, The police officer X
invoked 2 justifying circumstances
• 1. fulfillment of duty and
• 2 Obedience of order of superior authority.
• Decide
• There is a warrant of arrest against A. The
chief ordered his men to serve the warrant
and look for A, apprehended him and bring
him to court days later. The police saw A
in the public market. Before they could
arrest him, A grabbed the child and held
him hostage. While he was about to stab
the child, the police shot him. He died. Is
he liable for the death of A?
 RETREAT TO THE WALL vs. STAND GROUND
WHEN IN THE RIGHT

RETREAT TO THE STAND GROUND

WALL WHEN IN THE RIGHT

An ancient common law rule in A rule which states that where the
homicide which made it the duty of a accused is where he has the right
person assailed to retreat as far as he to be, the law does not require him
can before he is justified in meeting
to retreat when his assailant is
force with force advancing upon him with a deadly
weapon.

Not followed in the Followed in the

Philippines Philippines.
 TEST OF REASONABLENESS IN
DETERMINING WHETHER THERE IS
SELF DEFENSE

1. Nature of the weapon used by the

aggressor
2. Quality of his weapon
3. The physical conditions of both parties
4. Place of the aggression and others .
 RELATIVES BY AFFINITY vs.
RELATIVES BY CONSANGUINITY
• Relatives by affinity are those created by
marriage such as parents in law, sons and
daughters in law
• Relatives by consanguinity are relatives by
nature or by blood relations. Siblings are
within the 2nd civil degree, whereas uncle
and niece or aunt and nephew are within
the 3rd civil degree, first cousins are within
the 4th civil degree
TABLE OF RELATIVES BY CONSANGUINITY THAT
MAY BE DEFENDED

RELATION BROTHER AUNCLE, 1ST

SHIP AND AUNT, COUSIN
SISTER NIECE
AND
NEPHEW
DEGREE 2ND 3RD 4TH
 DISTINGUISH BETWEEN SELF DEFENSE,
DEFENSE OF RELATIVES AND DEFENSE OF
STRANGERS
SELF DEFENSE DEFENSE OF DEFENSE OF
RELATIVES STRANGERS

1. Unlawful aggression 1. Unlawful aggression 1. Unlawful aggression

2. Reasonable necessity 2. Reasonable necessity 2. Reasonable necessity

of the means employed of the means employed of the means employed
to prevent or repel it to prevent or repel it to prevent or repel it

3. Lack of sufficient 3. In case the 3. The one defending is

provocation on the part provocation was given not induced by hatred
of the person defending by the person attacked revenge or other evil
himself the one making defense
motive.
had no part therein
BOARD: Which among the following is/are
common requisite/s of self defense, defense of
relatives, and defense of strangers?

a. Unlawful aggression
b. Reasonable necessity of the means employed
to prevent or repel it
c. Lack of sufficient provocation on part of
defender
d. Both a and b
 DOCTRINE OF SELF HELP
DOCTRINE OF SELF HELP- states that
the owner or the lawful possessor of a
thing has the right to exclude any person
from the enjoyment and disposal thereof.
Thus he may use such force as may be
reasonably necessary to repel or prevent
an actual or threatened unlawful physical
invasion or usurpation of his property. (Art.
429 Civil Code)
 Illustrations:
• A constructed a small house in a piece of land
which he believed to be a disposable public
land. He had been occupying the lot for over a
year. One day, B came and claimed ownership
over the land. B proceeded in dismantling the
house of A. The latter pleaded B to stop but his
plea fell on deaf ears. Thereupon, A pulled B to
prevent him from further dismantling the house.
In the process, B fell on the ground and suffered
physical injuries. Is A liable for the injuries
sustained by B?
• No, A is not liable. Under the law, he has
the right to employ reasonable force to
prevent or repel actual or threatened
assault on his property. His act of pulling B
was reasonably necessary to protect his
possessory rights over his property.
SUMMARY OF LIABILITY
JUSTIFYING CRIMINAL CIVIL LIABILITY
CIRCUMSTANCE LIABILITY
1. SELF DEFENSE NONE NONE

2. DEFENSE OF NONE NONE

RELATIVE

3. DEFENSE OF NONE NONE

STRANGERS
4. AVOIDANCE OF NONE THERE IS CIVL
GREATER EVIL LIABILITY
5. FULFILMENT OF NONE NONE
DUTY
6. OBEDIENCE TO NONE NONE
ORDER OF
SUPERIOR
BOARD: What are the cycles of violence in BWS?

ANSWER:
a. Tension Building Stage- where minor battering
occurs
b. Tranquil or loving phase- The batterer shows
loving caring nurture to the victim.
c. Acute Battering Incident- characterized by
brutality, destructiveness and death.
d. All of the above
EXEMPTING CIRCUMSTANCES

Exempting Circumstances- are those

grounds for exemption from punishment
because there is wanting/missing in the
agent of the crime any of the conditions
which make the act voluntary or negligent.
 QUICK ENUMERATION OF
EXEMPTING CIRCUMSTANCES
1. Imbecility; Insanity (unless the latter acted
during a lucid interval)
2. Minority;
3. Accident;
4. Irresistible force
5. Uncontrollable fear
6. Lawful or insuperable cause.
1. An imbecile or an insane IMBECILITY OR
person, unless the latter has
acted during a lucid interval. INSANITY
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.
 Imbecility
• It exists when a person, while of advanced
age, has a mental development
comparable to that of children between 2
and 7 years of age.
 Insanity
• It exists when there is a complete
deprivation of intelligence or freedom of
the will. Mere abnormality of mental
faculties is not enough especially if the
offender has not lost consciousness of his
acts.
BOARD: Who has the burden to prove
insanity?

a. Defense/Accused
b. Complainant
c. Prosecution
d. DOJ
 REASON
• The accused is presumed to be sane
 TERMS COVERED BY
INSANITY DEFENSE
1. Dementia Preacox – Schizophrenia – is a form
of psychosis where homicidal attack is
common, because of delusions that the patient
suffers from delusion that he is sexually
abused, or that his property is taken.
2. Epilepsy- disease characterized by
convulsions/nervous disorder
3. Malignant malaria - it affects nervous system
(complication as acute melancholia and
insanity)
• 4. Somnambulism or Sleepwalking - must
be clearly proven to be considered as an
exempting circumstance.
• 5. Feeblemindedness not Imbecility - NOT
exempting but can be considered as
mitigating.
 2 Tests of Insanity
• Test of Cognition - complete deprivation of
intelligence in committing the crime.
• Test of Volition - total deprivation of
freedom of the will.
 Occurrence of Insanity and its
Effects on Criminal Liability
Time when accused suffers insanity Effect on criminal liability
At the time of the commission of the Exempt from liability
crime
During trial Proceedings will be suspended and
accused is committed to a hospital
After judgment or while serving Execution of judgment is suspended;
sentence the accused is committed to a
hospital. The period of confinement in
the hospital is counted for the purpose
of the prescription.
 Juvenile Justice and Welfare
Act
Child in conflict with the law - it refers to a
child who is alleged as, accused of, or
adjudged as, having committed an offense
under Philippine laws.
2. A person under nine MINORITY
years of age. (Repealed
by RA 9344 as futher
amended by R.A. No.
10630) now under 15
years of age
3. A person over nine MINORITY
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. (Repealed by
RA 9344) now over 15
but under 18 years of
4. Any person who, ACCIDENT
while performing a lawful
act with due care,
causes an injury by
mere accident without
fault or intention of
causing it.
• X was arrested to be investigated by the
police. While being accompanied to the
investigation room, he suddenly grabbed
the pistol of the police officer. The police
officer tried to get back, struggled and the
said firearm fired and hit the arrested
person. The police officer was prosecuted
for Homicide, he invoked accident as a
defense as an exempting circumstance
• Was he performing a lawful act? YES
• Was he performing with due care? YES,
the only way to do it was to struggle for
possession for it would not be readily
given to him.
• Was the injury caused with fault or
intention? No, thus Exempt
• Police officer saw some young boys
fighting among each other, the officer tried
to pacify them, but to no avail the fighting
continued. He took his pistol and fired
several shots in the air. One of the bullets
landed on a child sleeping at a terrace.
The child died. Prosecuted for reckless
imprudence to homicide, he invoked
accident as exempting circumstance.
• Was he performing a lawful act? YES
• Was he performing with due care? NO.
considering that it was a neighborhood,
he should not have fired shots in the air for
he knew that the bullets would have
landed on any innocent person. Thus,
liable or a culpable felony.
5. Any person who act IRRESISTIBLE FORCE
under the compulsion of
irresistible force.
6. Any person who acts UNCONTROLABLE
under the impulse of an FEAR
uncontrollable fear of an
equal or greater injury
• Bank manager was forced by the robbers
to open the vault. He refused. They killed
the teller and told him that the next bullet
will be in his head if he did not open the
vault. He opened it. Can he invoke
uncontrollable fear or equal or greater
injury?
• Bank manager was forced by the robbers
to open the vault. He refused. They told
him that if he will not open the vault, they
will go to his house, kill his wife, rape his
daughter and burn his house down. He
opened. Can he invoke uncontrollable
fear?
• No. The fear is not real or imminent. It is
only a threat to be done in the future. He
still had a choice not to do it and the
robber would still search his house and
family for the threat to be actualized.
7. Any person who fails LAWFUL OR
to perform an act INSUPERABLE CAUSE
required by law, when
prevented by some
lawful insuperable
cause.
 Illustration
• A mother, who at the time of childbirth was
overcome by severe dizziness extreme
debility, and left the child in a thicket
where said child died, is not liable for
infanticide because it was physically
impossible for her to take home the child.
• The severe dizziness and extreme debility
of the woman constitute an insuperable
cause.
INSANITY AT THE TIME OF THE COMMISSION OF THE
CRIME vs. INSANITY AT THE TIME OF TRIAL

• Insanity at time of commission of crime =

exempted.
• Sane at time of crime but became insane
at time of trial = liable still but trial wil be
suspended.
 PERIODS OF HUMAN LIVES
AGE OF AGE OF AGE OF AGE OF
ABSOLUTE ABSOLUTE MITIGATED CONDITIONAL
CRIMINAL CRIMINAL CRIMINAL CRIMINAL
IRRESPONSIS RESPONSIBILIT RESPONSIBILI RESPONSIBILI
BILITY Y TY TY

Below 15 18 years old •Over 70 15 years old

years old and and above or years old and 1 day to
exactly 15 18 years old •15 years old 17 years old.
years old to 70 years and 1 day to
old 17 years old
who acted
with
discernment
 ABSOLUTORY CAUSES,
DEFINED

Those where the act of a person is

technically a crime, but because of public
policy, there is no penalty imposed.
 ENTRAPMENT vs. INSTIGATION
ENTRAPMENT INSTIGATION

1. Ways and means are resorted to for the Here, the police practically induces the
purpose of trapping and capturing the accused into the commission of the offense
lawbreaker in the execution of his plans and he himself becomes a co principal in
the crime.
2. The intent to violate the law originated 2. The intent to violate the law did not
from the accused himself. originate from the accused as he was
induced only by the police to perform a
criminal act.
3. Not an absolutory cause hence does not An absolutory cause that exempts one from
exempt from criminal liability criminal liability
MITIGATING CIRCUMSTANCES

Mitigating circumstances-those which if

present in the commission of a crime, do
not entirely free the actor from criminal
liability but reduces only the penalty.
 ENUMERATE THE MITIGATING
CIRCUMSTANCES
1. Incomplete justifying or exempting circumstance
2. Under 18 or over 70 years of age
3. No intention to commit so grave a wrong (praeter
intentionem)
4. Sufficient provocation or threat
5. Vindication of a grave offense
6. Passion or obfuscation
7. Voluntary surrender/ voluntary confession of guilt
8. Deaf, dumb, blind and other physical defects
9. Illnesses which diminish will power
10. Analogous circumstances.
1. Those mentioned in Incomplete Justifying or
the preceding chapter, incomplete exempting
when all the requisites circumstances.
necessary to justify or to
exempt from criminal
liability in the respective
cases are not attendant.
 Incomplete self-defense, defense of
relatives and defense of a stranger
• Unlawful aggression is an indispensable
requisite. When 2 of the 3 requisites
mentioned therein are present (i.e.
unalwful aggression and any one of the
other 2), the case should be considered a
privileged mitigating circumstance referred
to in Art. 69 of the RPC.
 Note:
• In the 3 classes of defense, unlawful
agression must be present, it being
indispensable requisite. What is absent is
either one or both of the last 2 requisites.
• Under Art. 69 of the RPC, when only
unlawful aggression is present, the
accused is entitled to a penalty lower in
degree. If unlawful aggression and any of
the remaining 2 elements are present, the
accused is entitled to 2 degrees.
• But if there is no unlawful aggression,
there could be no self-defense, whether
complete or incomplete.
2. That the offender is Minority (under 18 years
under eighteen years of old)
age or over seventy
years. In the case of the Noted: If he/she acted
minor, he shall be with discernment
proceeded against in
accordance with the
provisions of Art. 80.
(Correlate with RA 9344)
3. That the offender had PRAETER
no intention to commit INTENTIONEM
so grave a wrong as that
committed.
4. That sufficient SUFFICIENT
provocation or threat on PROVOCATION OR
the part of the offended THREAT
party immediately
preceded the act.
• When the aggression is in retaliation for an
insult, injury or threat, the offender cannot
successfully claim self-defense, but at
most he can be given the benefit of
mitigating circumstance.
• While drinking A and B had a
confrontation. B stated slanderous
remarks at A. This caused a fist fight to
ensue. A who was the smaller guy was
losing until A landed a lucky punch at B
which knocked him unconscious. After the
incident, B frequently complained of pain.
11 days after, B died. A was prosecuted
for homicide. He invokes sufficient
• Provocation and praeter intentionem. Is he
correct?

• YES. There was sufficient provocation

from B when he stated slanderous words
at A, thus creating a confrontation which
ended up bad. Also, praeter intentionem is
present because who would have thought
that death would result from the mere fist
fighting
5. That the act was VINDICATION OF
committed in the GRAVE OFFENSE
immediate vindication of
a grave offense to the
one committing the
felony (delito), his
spouse, ascendants, or
relatives by affinity
within the same
degrees.
• Being hit by a stick is not a grave offense.
 Relationship by affinity
• It applies to grave offenses committed
against the surviving spouse of the
deceased relative.
6. That of having acted PASSION OR
upon an impulse so OBFUSCATION
powerful as naturally to
have produced passion
or obfuscation.
• Passion or obfuscation is not mitigating
when the relations between the parties are
illegitimate.
7. That the offender had VOLUNTARY
voluntarily surrendered SURRENDER OR
himself to a person in VOLUNTARY
authority or his agents, CONFESSION OF
or that he had voluntarily GUILT
confessed his guilt
before the court prior to
the presentation of the
evidence for the
prosecution;
• Voluntary surrender must be made to a
person in authority or his agents
• A surrender is voluntary when it is
spontaneous in such a manner that it
shows the interest of the accused to
surrender voluntarily to the authorities
either because he acknowledges his guilt
or wishes to save the authorities the
expenses incurred in his search.
 VOLUNTARY CONFESSION OF GUILT/PLEA
OF GUILTY REQUISITES

• 1. It must be made in open court

• 2. It must be made prior to the
presentation of evidence of the
prosecution
 Case NOT Constituting
Voluntary Surrender
• The accused surrendered only after
warrant of arrest was served upon him;
• Plea of guilty is not mitigating in culpable
felonies and crimes punished by special
penal laws.
• An extrajudicial confession is not
mitigating because it is not made in open
court.
8. That the offender is PHYSICAL HANDICAP
deaf and dumb, blind or OR DEFECTS
otherwise suffering
some physical defect
which thus restricts his
means of action,
defense, or
communications with his
fellow beings.
• It is necessary that there must be a
relation between the physical defect and
the crime committed by the offender
• e.g. blindness does not mitigate estafa
• X is a deaf and mute. He saw a woman
withdrawing from the ATM and saw the
money placed inside her bag. X snatched
the bag. Prosecuted for theft , can his
physical defect mitigate his liability?
• No, it is not connected to the crime he has
done.
9. Such illness of the ILLNESS THAT
offender as would DIMINISHED WILL
diminish the exercise of POWER
the will-power of the
offender without
however depriving him
of the consciousness of
his acts.
• Illness must only diminish and not deprive
the offender of the consciousness of his
acts or he will be exempt from criminal
liability.
• Includes cleptomania, feeblemindedness
• If such illness also deprives him of
consciousness to act, then such
circumstance is EXEMPTING not only
mitigating.
• Example – cleptomaniac; he knew and
was aware of his acts but his illness
diminish his will power.
10. And, finally, any ANALOGOUS
other circumstances of a CIRCUMSTANCES
similar nature and
analogous to those
above mentioned.
 Examples:
• 1. Impulse of jealousy, similar to passion
and obfuscation;
• 2. Voluntary return of funds malversed by
the accused as equivalent to voluntary
surrender;
• 3. Testifying for the prosecution without
being discharged from the
Information,being like a plea of guilty.
 EXTENUATING
CIRCUMSTANCES
• Extenuating circumstances have the effect
of reducing criminal liability. Almost similar
to mitigating circumstances, found in Book
Two of the RPC.
• Examples: concealment of dishonor by
mother in infanticide and abortion,
abandonment by husband in adultery.
 AGGRAVATING
CIRCUMSTANCES

Aggravating Circumstances- are those

which if attendant in the commission of the
offense, would serve to increase the
penalty.
• Aggravating circumstances MUST BE
ALLEGED in the information, whatever be
its kind. If not, even if it is proven in trial, it
cannot be considered by the court.
 Kinds of Aggravating
Circumstances
• A. Generic AC - it increases the penalty of
the offense to its maximum period but it
cannot be to the next higher degree. It can
be offset by an ordinary mitigating
circumstance.
• It includes those that can generally apply
to all crimes found under subparagraphs
1, 2, 3 (dwelling), 4, 5, 6, 9, 10, 14, 18, 19,
20 except by means of motor vehicle:
• a. contempt or insult of public authority;
• b. taking advantage of public position;
• c. recidivism;
• d. nighttime, uninhabited place or band;
• e. abuse of confidence or obvious
ungratefulness;
• f. place and time of commission of offense;
• g. crime committed in the dwelling of the
offended party;
• h. breaking of parts of the house;
• i. unlawful entry;
• j. habituality;
• k. use of persons under 15 years of age;
and
• l. craft, fraud or disguise
• B. Specific AC
• Those which apply only to certain and
specified crimes, such as ignominy in
crimes against against chastity and cruelty
and treachery which are applicable only
crimes against persons found under
subparagraphs 3 (except dwelling), 15, 16,
17 and 21:
• 1. Disregard of rank, age or sex due the
offended party in crimes against persons
and honor;
• 2. Abuse of superior strength or means be
employed to weaken the defense crimes
against persons;
• 3. Treachery in crimes against persons;
• 4. Ignominy in crimes against chastity; and
• 5. Cruelty in crimes against persons.
• C. Inherent AC
• Those which are necessarily included in
the commission of a crime. Considered as
essential ingredients in the commission of
a crime, or absorbed thereto, thus, would
not mean imposition of a higher penalty,
such as:
• 1. Evident premiditation in concubinage,
robbery, adultery, theft, estafa;
• 2. abuse of public office in bribery;
• 3,. breaking of a wall or unlawful entry into
a house in robbery with the use of force
upon things;
• 4. fraud in estafa;
• 5. deceit in simple seduction; and
• 6. ignominy in rape.
• Special AC - Those which arise under
special conditions to increase the penalty
of the offense and cannot be offset by
mitigating circumstances, such as:
• 1. Complex crimes;
• 2. use of unlicensed firearm in homicide or
murder;
• 3. taking advantage of public position and
membership in an organized/syndicated
crime group;
• 4. error in personae; and
• 5. Quasi-recidivism
• Qualifying AC
• Those which either change the nature of
the crime to bring about a more serious
crime with a greater penalty or even
without changing the nature of the crime, it
will bring about the imposition of a higher
penalty
• Ex. Art. 248 – These are circumstances
that qualify the crime from homicide to
murder; and
• Alevosia (treachery) or evident
premiditation qualifies the killing of a
person to murder
 THE 21 AGGRAVATING
CIRCUMSATNCES
1. Advantage of public position
2. In contempt or with insult to public authorities
3. Disrespect on the rank, age or sex of the offended party; the crime is committed in the dwelling of offended party
4. Abuse of confidence or obvious ungratefulness
5. Palace of the Chief Executive, or in his presence, or place where authorities discharge their duties, or place of
religious worship
6. Nightime, uninhabited place, band
7. On occasion of conflagration, shipwreck etc.
8. Aid of armed men
9. Recidivist
10. Reiteration
11. Price, reward or promise
12. Inundation, fire, poison, etc
13. Evident Premiditation
14. Craft, fraud or Disguise
15. Superior strength or means to weaken defense
16 Treachery
17. Ignominy
18. Unlawful entry
19. Wall, roof, floor be broken
20. Aid of persons under 15, motor vehicle
21. Cruelty
1. That advantage be Taking advantage of
taken by the offender of public position
his public position
• There was a raid along the sidewalks of
Recto. Police officers in implementing an
ordinance to clean sidewalks of vendors,
took all the wares of these people,
arrested them and brought to the station.
One officer took notice of one lady vendor
and told her to board his own car. The lady
was brought to another place and was
raped.
• A policeman on guard duty who has
maltreated a prisoner. he could not have
done the same where it not for his position
as a guard on duty.
2. That the crime be Contempt of authorities
committed in contempt
or with insult to the
public authorities.
• B while driving, overtakes A. A cut B and
went down the car and both had a
confrontation. C, an MMDA traffic enforcer
approached the 2 and told them to just
peaceably deal the situation. A suddenly
took his balisong and stabbed B in the
presence of MMDA traffic enforcer C.Is
there an aggravating circumstance?
• If in the same problem, a barangay
chairman D approached them and said
that he is the Kapitan of the barangay and
advised them to settle amicably and the
scenario ensued. Will your answer be the
same?
• Art. 14, par. 2 does not apply when crime
is committed in the presence of an agent
of a person in authority only.
• A stabbed B to death in front of the
Governor and Mayor during a public peace
rally if the crime committed is against the
public authority himself while in the
performance of his duty, the offender
commits direct assault which should not
appreciate this aggravating circumstance.
3. That the act be Disregard of rank, age,
committed with insult or sex and dwelling of
in disregard of the victim
respect due the
offended party on
account of his rank, age,
or sex, or that is be
committed in the
dwelling of the offended
party, if the latter has not
given provocation.
• The 4 circumstances under this paragraph
can be considered single or altogether. If
all of them are present, they have the
weight of 1 aggravating circumstance only.
• X was waiting for her father in the
staircase of their house outside. While
waiting, Y approached X and knocked her
unconscious and brought her to his house
across the street and there raped her.
Prosecuted for rape, can dwelling be
considered an aggravating circumstance?
• YES. It suffices that the accused started
his aggression in the dwelling of the victim
even though fully consummated the crime
in a nearby place.
• The disregard as to AGE, RANK and SEX
cannot be appreciated in crimes against
property. These can only apply to crimes
against persons and chastity
• Dwelling is an aggravating circumstance. It
will only be inherent in robbery with force
upon things . It is not inherent in robbery
with violence against person
 Meaning of provocation in the
aggravating circumstance of dwelling
• The provocation must be:
• 1. Given by the owner of the dwelling;
• 2. Sufficient; and
• 3. Immediate to the commission of the
crime.
• If all these conditions are present, it is not
an aggravating circumstance.
4. That the act be Abuse of confidence or
committed with abuse of obvious ungratefulness
confidence or obvious
ungratefulness.
• A and B are couple living in Manila. X,
their former neighbor requested to live with
them while he is looking or a job. They
allowed X. When A and B were out, their
12 year old child was left in the house. X
raped the child.
 Other examples
• Where a security guard killed a bank
officer and robbed a bank.
• When a visitor commits robbery or theft in
the house of his host.
Abuse of confidence is inherent
in:
• 1. Qualified seduction;
• 2. Qualified theft;
• 3. Estafa my coversion or
misappropriation; and
• 4. Malversation.
5. That the crime be Palace of President,
committed in the palace public places or those
of the Chief Executive or dedicated to worship
in his presence, or
where public authorities
are engaged in the
discharge of their duties,
or in a place dedicated
to religious worship.
• The place of the commisision of the felony,
if it is Malacañang or a church, is
aggravating regardless of whether State
official or religious functions are being
held.
• The President need not be in Malacañang
palace. His presence alone in any place
where the crime is committed is enough to
constitute the aggravating circumstance.
• But as regards the place where the public
authorities are engaged in the discharge of
their duties, there must be some
performance of public functions.
• An electoral precinct during election day is
a place where public authorities are
engaged in the discharge of their duties.
• Cemeteries are not considered as place
dedicated to the worship of God
• Must be dedicated to public religious
worship; private chapels not included.
6. That the crime be Night time, uninhabited
committed in the night place and band
time, or in an
uninhabited place, or by
a band, whenever such
circumstances may
facilitate the commission
of the offense.
• There are 3 aggravating circumstances in
this paragraph. When present in the same
case and their elements are distinctly
palpable and can subsist independently,
they shall be considered separately.
 When nighttime, uninhabited
place or band aggravating:
• 1. when it facilitated the commission of the
crime;
• 2. when especially sought for by the
offender to insure the commission of the
crime or for the purpose of impunity; or
• 3. When the offender took advantage
thereof for the purpose of impunity.
 Nighttime (obscuridad)
• That period of darkness beginning at end
of dusk and ending at dawn. Nights are
from sunset to sunrise.
• It is necessary that the commission of the
crime began and was completed at
nighttime.
• When the place of the crime is illuminated
by light, nighttime is not aggravating.
 General Rule:
• Nighttime is absorbed in treachery.
• A, arrived at the house of the victims at
7:20PM but purposely waited until 4:00AM
when his intended victims are already
asleep in order to commit the crimes. The
circumstance of nighttime will aggravate
the crimes committed.
 Uninhabited Place
(Despoblado)
• One where there are no houses at all; a
place at a considerable distance from
town, or where the houses are scattered at
a great distance from each other.
• This should not be considered when the
place where the crime was committed
could be seen and the voice of the
deceased could be heard from a nearby
house.
 Illustration:
• Killing was done during nighttime, in a
sugarcane plantation about a hundred
meters from the nearest house, and the
sugarcane in the field was tall enough to
obstruct the view of neighbors and
passersby.
 BAND (en cuadrilla)
• BAND- 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.
• Not applicable in crimes against chastity,
but is considered in crimes against
property, crimes against persons, illegal
detention and treason.
• This aggravatingrcumstance is inherent in
brigandage.
7. That the crime be Taking advantage of
committed on the calamity, disaster.
occasion of a
conflagration, shipwreck,
earthquake, epidemic or
other calamity or
misfortune.
• Killing a person on the occassion of any of
the calamities qualifies it to murder.
8. That the crime be Aid of armed men
committed with the aid
of armed men or
persons who insure or
afford impunity.
 Armed Men
• persons equipped with a weapon
• includes armed women
• Persons who insure or afford impunity
must have or be in a position to afford
impunity.
• e.g. a judge
• Q: Robber X and Robber Y robbed a
certain village upon the assurance of the
barangay tanod that they would not patrol
the village on that night. What aggravating
circumsatnce is present?
• A: Aid of persons who insure impunity
9. That the accused is a Recidivism
recidivist.
• RECIDIVIST- one who at the time of his
trial for one crime, shall have been
previously convicted by final judgment of
another crime embraced in the same title
of the Revised Penal Code.
 Recidivism; Requisites
• 1. That the offender is on trial for an
offense;
• 2. That he was previously convicted by
final judgment of another crime;
• 3. That the offender is convicted of the
new offense; and
• 4. That both the first and the second
offenses are embraced in the same title of
the Code.
 Note:
• A recidivist is entitled to the benefits of the
Indeterminate Sentence Law (Act No.
4103, as amended by Act No. 4225) but is
disqualified from availing credit of his
preventive imprisonment.
• Recidivism must be taken into account no
matter how many years have intervened
between the first and second felonies.
• Even if the accused was granted a pardon
for the first offense, but he commits
another felony embraced in the same title
of the Code, the first conviction is still
counted to make him a recidivist since
pardon does not obliterate tact of his prior
conviction.
• The rule is different in the case of amnesty
which theoretically considers the previous
transgressions as not punishable.
• A convicted for serious physical injuries by
final judgment and served his sentence.
After getting out of jail, 25 years thereafter,
he got into a fight, killed his opponent.
Judge found him guilty of Homicide
10. That the offender Reiteracion or habituality
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.
 REITERACION or
HABITUALITY;REQUISITES:
• 1. That the accused is on trial for an offense;
• 2. That he has previously served sentence for
another offense (first offense) to which the law
attaches
• a. Equal or greater penalty, or
• b. For 2 or more crimes to which it attaches a
lighter penalty than for the new offense; and
• 3. That he is convicted of the new offense.
 3 situations contemplated:
• 1. At the time of his trial for a crime, the accused
has been previously punished for an offense to
which the law attaches an EQUAL PENALTY;
• 2. At the time of his trial for a crime, the accused
has been previously punished for an offense to
which the law attaches a GREATER PENALTY;
or
• 3. At the time of his trial for a crime, the
accused has been previously punished for 2 or
more crimes to which the law attaches a
LIGHTER PENALTY.
11. That the crime be Price, reward, promise
committed in
consideration of a price,
reward, or promise.
• A agreed to kill B in consideration of
50,000 pesos reward from C. In this case,
A is the principal by direct participation
while C is the principal by inducement.
12. That the crime be Fire, poison, and other
committed by means of great wastes and ruins.
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.
 Inundation
It refers to the use of water or causing the
water to flood in the commission of the
offense.
13. That the act be Evident premeditation
committed with evidence
premeditation.
• There must be sufficient time between the
outward acts and the actual commission of
the crime.
• A slapped B in front of many people. In
humiliation he told A “I will kill you” and
then went home. He bought a gun placed
under his pillow. After 2 weeks, he saw A.
Upon seeing A, he went to the house, took
the gun and killed A.

• There is evident premeditation here.

• If E.P. is used in killing someone

• It is a Qualifying AC to Murder
• The latest ruling is that premeditation is
not aggravating when the victim is different
from that intended (error in
personae/aberratio ictus)
• However, if it is shown that the
conspirators were determined to kill not
only the intended victim but also anyone
who may help put a violent resistance,
then evident premeditation will be
appreciated.
• Evident premiditation, while inherent in
robbery, may be aggravating in robbery
with homicide if the premiditation included
the killing of the victim.
14. That the craft, fraud Craft, fraud, disguise
or disguise be
employed.
 CRAFT; Defined
• CRAFT- is a circumstance characterized
by trickery or cunning resorted to by the
accused, to carry out his design. It is the
use of intellectual trickery and cunning on
the part of the accused.
• Ex. Offender pretended that he is the
relative of the owner of the house to gain
entry
 Craft
• A asked permission from his employer B
to go home to Pangasinan at 4:00PM on
the day the felony was committed but went
back at 10:00PM pretending that he has
failed to take a ride to Pangasinan. The
unsuspecting employer opened the door
and thereafter, A and his cohorts
perpetrated robbery with homicide.
 Fraud
• A took his stepdaughter away and told her
that she was to be taken to the house of
her grandmother but instead she was
taken to another house where she was
raped.
 Disguise
• A used a mask in order to conceal his
identity when he perpetrated the robbery.
15. That advantage be Advantage of superior
taken of superior strength, weakening of
strength, or means be defense.
employed to weaken the
defense.
• For abuse of superior strength, the test is
the relative strength of the offender and
his victim, whether or not he took
advantage of his greater strength.
• It is inherent in the crime of parricide
where the husband kills the wife.
 Means Employed to Weaken
the Defense; Examples:
• One who, while fighting with another,
suddenly casts sand or dirt upon the latter
eyes and then wounds or kills kim.
• Offender made the victim intoxicated in
order to kill him.
16. That the act be Treachery or alevosia
committed with
treachery (alevosia).
 TREACHERY or 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.
• Treachery absorbs
• 1. Superior strength
• 2. Aid of armed men
• 3. Band
 Requisites of Treachery
• 1. That at the time of the attack, the victim
was not in a position to defend himself;
and
• 2. That the offender consciously adopted
the particular means, method or form of
attack employed by him.
 Rules on Treachery
• 1. Applicable only to crimes against
persons;
• 2. The mode of attack must be consciously
adopted.
17. That means be Ignominy
employed or
circumstances brought
about which add
ignominy to the natural
effects of the act.
 General Rule
• If the attack is frontal, there is no treachery
 Exception:
• Even a frontal attack could be treacherous
when unexpected and on unarmed victim
whou would be in no position to repel the
attack or avoid it.
 IGNOMINY
• Moral circumstance that adds pain or
insult to the injury cause to the offended
party
• The accused examined the genitalia of the
victim in front of her father and thereafter
raped her. The act of examining the
genitalia in front of her father was not
essential in the crime of rape. It only
added moral pain thus ignominy is present
• Rape victim’s genitalia was covered with
mud – this added moral pain which was
not necessary in the commission of the
offense of rape. Thus, ignominy is present
18. That the crime be Unlawful entry
committed after an
unlawful entry.
• Entering through a window.
• Unlawful entry is inherent in:
• 1. Robbery with the use of force upon
things;
• 2. Trespass to dwelling;
• 3. Violation of domicile;
• 4. Evasion of service of sentence, if such
evasion or escape shall have taken place
by means of unlawful entry.
19. That as a means to Broken wall, roof, floor,
the commission of the or window.
crime a wall, roof, floor,
door, or window be
broken
• No. The crime is Robbery with Force upon
things, breaking of the window is an
inherent element of the crime.
That the crime be Help of person under
committed with the aid age, motor vehicle
of persons under fifteen
years of age or by
means of motor
vehicles, motorized
watercraft, airships, or
other similar means.
• If used to kill someone, it becomes
Qualifying AC to murder
• The killing must be by using the vehicle
itself to kill not only as a means of
transport to get the site of killing.
• Ex. Ran Over – AC
• Rode it and threw a bob – Not AC
. That the wrong done in Cruelty
the commission of the
crime be deliberately
augmented by causing
other wrong not
necessary for its
commissions
• Cruelty refers to physical suffering.
 10 STARS
• Take note!!!!
 4 REPETITIOUS OFFENDERS
RECIDIVIST REITERACION HABITUAL QUASI
OR DELINQUENT RECIDIVIST/
HABITUALITY MULTI
RECIDIVIST

one who at the time He is an offender who Within ten years A PERSON
of his trial for one HAS BEEEN
PREVIOUSLY
THE ACUSED IS AFTER
crime, shall have CONVICTED OF HAVING BEEN
PUNISHED FOR:
been previously
ROBO, HURTO, CONVICTED
convicted by final
judgment of another An offense to which the ESTAFA, SHALL
law attaches an equal FALSIFICATION, COMMIT
crime embraced in or greater penalty or
the same title of the PHYSICAL ANOTHER
For two or more crimes
Revised Penal to which it attaches a INJURY FOR FELONY
Code. lighter penalty THE THIRD WHILE
TIME. SERVING HIS
SENTENCE
 OTHER AGGRAVATING UNDER
SPECIAL LAWS
• Under RA 8294 6 July 1997, the use of
unlicensed firearm merely becomes an
aggravating circumstance if murder or homicide
was committed with the use thereof. But if the
unlicensed firearm is used in the commission of
any crime there can be no separate offense of
illegal possession of firearm.
• RA 10591, Comprehensive Firearms and
Ammunitions Regulations Act
• See also RA 9165.
 ALTERNATIVE
CIRCUMSTANCES

Art. 15. Their concept (DEFINED). —

Alternative circumstances are those which
must be taken into consideration as
aggravating or mitigating according to the
nature and effects of the crime and the
other conditions attending its commission.
ALTERNATIVE CIRCUMSTANCES
They are the:

1. Relationship
2. Intoxication and the
3. Degree of instruction and education of
the offender.
The alternative circumstance of
relationship shall be taken into
consideration when the offended party in
the spouse, ascendant, descendant,
legitimate, natural, or adopted brother or
sister, or relative by affinity in the same
degrees of the offender.
 INTOXICATION, WHEN
MITIGATING
The intoxication of the offender shall be
taken into consideration as a mitigating
circumstances when the offender has
committed a felony in a state of
intoxication, if the same is not habitual or
subsequent to the plan to commit said.
• MITIGATING – If not habitual AND not
subsequent to plan
 INTOXICATION, WHEN
AGGRAVATING
Intoxication is aggravating when the
intoxication is habitual or intentional, it
shall be considered as an aggravating
circumstance
• AGGRAVATING – If deliberately sought
liquor
• Prohibited defense in RA 9262
 RELATIONSHIP
• GR: Mitigating – in crimes against property
– If the offender is of higher degree (older) it
can be mitigating in the crimes of Less
serious or slight physical injuries
 Exception
• Exempting – Theft, estafa/swindling,
malicious mischief (Art. 233, RPC)

• INHERENT – in the crime of parricide

 DEGREE OF
INSTRUCTION/EDUCATION
• Low degree of education
• GR: Mitigating
• Exception: crime inherently evil or wrong –
rape, murder
• High degree of education
• Aggravating – if took advantage of
education and used to facilitate the crime

• Ex. Lawyer makes use of education to

commit estafa to falsify deed of sale
 Sec. 25, RA 9165
• Positive finding for the use of dangerous
drugs shall be a QUALIFYING AC
 PERSONS CRIMINALLY LIABLE FOR FELONIES

Art. 16. Who are criminally liable. — The following

are criminally liable for grave and less grave
felonies:
1. Principals.
2. Accomplices.
3. Accessories.
The following are criminally liable for light felonies:
1. Principals
2. Accomplices.
Art. 17. Principals. — The following are
considered principals:
1. Those who take a direct part in the
execution of the act;
2. Those who directly force or induce others
to commit it;
3. Those who cooperate in the commission
of the offense by another act without which
it would not have been accomplished.
 THREE CLASSIFICATIONS OF
PRINCIPALS
• Those who take a direct part in the execution of
the act. (PRINCIPAL BY DIRECT
PARTICIPATION)
• Those who directly forced or induced others to
commit it. (PRINCIPAL BY INDUCEMENT OR
INDUCTION)
• Those who cooperate in the commission of the
offense by another act without which it would not
have been accomplished (PRINCIPAL BY
INDISPENSABLE COOPERATION)
 ACCOMPLICES
Art. 18. Accomplices. — Accomplices
are those persons who, not being included
in Art. 17, cooperate in the execution of
the offense by previous or simultaneous
acts
• A, B, C decided to rob a bank. Suddenly,
they realized they had no vehicle. They
got a taxi and informed the taxi driver and
offered him 10%. Taxi driver agreed. They
searched for a look out and saw the balut
vendor, who also agreed. What are their
criminal liabilities?
• A, B, C – principal by direct participation
• Taxi driver and balut vendor –
accomplices
• The criminal design was already agreed
by A, B, C. The accomplices merely
concurred.
• A,B, C, D and E decided to rob a bank. A,
B, C were to be the one to enter. D is the
look out, E is the driver or owner of the
vehicle. What are their criminal liabilities?
• All are principals by direct participation
• No matter how minor is the participation
but he is also an author of the criminal
design – considered principal
 ACCESSORIES, DEFINED
Art. 19. Accessories. — Accessories are those who, having
knowledge of the commission of the crime, and without having
participated therein, either as principals or accomplices, take part
subsequent to its commission in any of the following manners:
1. By profiting themselves or assisting the offender to profit by the
effects of the crime.
• A by deceit took a diamond ring of his
friend B. Afterwards she went to C who
has a pawnshop. She informed C that it
was swindled and offered it at a very low
price. C displayed it in the store. What
crime is committed by A? Is C an
accessory?
• Estafa
• Yes, C had knowledge of the estafa
committed by A. She profited herself and
helped A profit from the effects of the
crime.
• 2. By concealing or destroying the body of
the crime, or the effects or instruments
thereof, in order to prevent its discovery.
• 3. (FOR PUBLIC OFFICIALS ONLY ) By
harboring, concealing, or assisting in the
escape of the principals of the crime,
provided the accessory acts with abuse of
his public functions
• (FOR PRIVATE PERSONS ALSO)
whenever the author of the crime is guilty
of treason, parricide, murder, or an
attempt to take the life of the Chief
Executive, or is known to be habitually
guilty of some other crime.
• All other circumstances that fall outside of
these, the one who harbors, conceals or
assists in the escape of the principal shall
be prosecuted under PD 1829 –
Obstruction of Justice
ACCESSORIES BUT EXEMPTED
FROM CRIMINAL LIABILITY
Art. 20. Accessories who are exempt from
criminal liability. — The penalties prescribed
for accessories shall not be imposed upon those
who are such with respect to their spouses,
ascendants, descendants, legitimate, natural,
and adopted brothers and sisters, or relatives by
affinity within the same degrees, with the single
exception of accessories falling within the
provisions of paragraph 1 of the next preceding
article.
WHO ARE THE ACCESSORIES WHO ARE
EXEMPT FROM CRIMINAL LIABILTY?

The spouse, ascendants, descendants,

brothers and sisters or relatives by affinity
within the same degree. (Note: Except
paragraph one)
• A and B are brothers, A killed their father.
Later, B arrived and saw the body of their
father. Both A and B placed it in the trunk
of the car to dispose of the body. They got
caught.
• A is liable for parricide
• B is exempt
 PD 1829
Committed by any person who knowingly or willfully obstructs, impedes, frustrates or delays the
apprehension of suspects and the investigation and prosecution of criminal cases by committing
any of the following acts:

(a) preventing witnesses from testifying in any criminal proceeding or from reporting the
commission of any offense or the identity of any offender/s by means of bribery,
misrepresentation, deceit, intimidation, force or threats;
(b) altering, destroying, suppressing or concealing any paper, record, document, or object, with
intent to impair its verity, authenticity, legibility, availability, or admissibility as evidence in any
investigation of or official proceedings in, criminal cases, or to be used in the investigation of, or
official proceedings in, criminal cases;
(c) harboring or concealing, or facilitating the escape of, any person he knows, or has reasonable
ground to believe or suspect, has committed any offense under existing penal laws in order to
prevent his arrest prosecution and conviction;
(d) publicly using a fictitious name for the purpose of concealing a crime, evading prosecution or
the execution of a judgment, or concealing his true name and other personal circumstances for
the same purpose or purposes;
(e) delaying the prosecution of criminal cases by obstructing the service of process or court orders
or disturbing proceedings in the fiscal's offices, in Tanodbayan, or in the courts;
(f) making, presenting or using any record, document, paper or object with knowledge of its falsity
and with intent to affect the course or outcome of the investigation of, or official proceedings in,
criminal cases;
(g) soliciting, accepting, or agreeing to accept any benefit in
consideration of abstaining from, discounting, or impeding the
prosecution of a criminal offender;
(h) threatening directly or indirectly another with the infliction of any
wrong upon his person, honor or property or that of any immediate
member or members of his family in order to prevent such person
from appearing in the investigation of, or official proceedings in,
criminal cases, or imposing a condition, whether lawful or unlawful,
in order to prevent a person from appearing in the investigation of or
in official proceedings in, criminal cases;
(i) giving of false or fabricated information to mislead or prevent the law
enforcement agencies from apprehending the offender or from
protecting the life or property of the victim; or fabricating information
from the data gathered in confidence by investigating authorities for
purposes of background information and not for publication and
publishing or disseminating the same to mislead the investigator or
to the court.
 PENALTY, DEFINED
• Penalty- is the suffering inflicted by the
State for the transgression of the law.
 JURIDICAL CONDITIONS OF PENALTY

• Must be commensurate with the offense-

different crimes have different penalties under
the law.
• Must be personal- A person should be held
accountable for his own actions. No person
should be punished for the crime of another
• Certain- No person must escape the penalty.
• Legal- The penalty must be in accordance with
the law
 JUSTIFICATION FOR THE
IMPOSITION OF PENALTY
• Exemplarity- to serve as an example to others and
deter them from emulating the criminal.
• Justice- Criminal is punished as an act of retributive
justice.
• Prevention- To suppress or prevent the danger to the
State of the acts of the criminal.
• Reformation- Under the modern concept of correction
the criminal is punished in order to rehabilitate or reform
him.
• Self Defense- To protect the society against the threats
and actions of the criminals.
 LIFE IMPRISONMENT vs.
RECLUSION PERPETUA
LIFE IMPRISONMENT RECLUSION
PERPETUA
1. does not have 1. Has a specific
specific duration. duration
2. Imposed for violations 2. Imposable generally
of special laws for violations of the
Revised Penal Code.
3. Does not have 3. Has accessory
accessory penalties. penalties.
Q: What penalty may be imposed by the
state? (Prospective character)
A: No felony shall be punishable by any
penalty not prescribed by law prior to its
commission (Art.21)
Q: When may penal laws have retroactive
effects?
A: Penal laws shall have retroactive effect
in so far as they favor the person guilty of
a felony, who is not a habitual criminal (art.
22)
Q: What is the effect of pardon by the
offended party?
A: A pardon by the offended party does not
extinguish criminal action except as
provided in article 344. But civil liability
with regard to the interest of the injured
party is extinguished by his express waiver
(Art.23)
 Measures of prevention or safety which are nor considered penalties

The following shall not be considered as penalties:

1. The arrest and temporary detention of accused persons, as well as their
detention by reason of insanity or imbecility, or illness requiring their
confinement in a hospital.
2. The commitment of a minor to any of the institutions mentioned in Article
80 and for the purposes specified therein.
3. Suspension from the employment of public office during the trial or in
order to institute proceedings.
4. Fines and other corrective measures which, in the exercise of their
administrative disciplinary powers, superior officials may impose upon their
subordinates.
5. Deprivation of rights and the reparations which the civil laws may
establish in penal form.
WHEN IS THE ACCUSED PLACED
UNDER PREVENTIVE IMPRISONMENT?
-An accused undergoes preventive
imprisonment when the offense charged is non
bailable or even if bailable he cannot furnish the
required bail. Now if an accused does not agree
to abide by the same disciplinary rules imposed
upon convicted prisoners, he shall be credited in
the service of his sentence with 4/5 of the time
during which he has undergone preventive
imprisonment.
 RA 10592 (May 2013)

"ART. 29. Period of preventive imprisonment deducted from term of

imprisonment. – Offenders or accused who have undergone
preventive imprisonment shall be credited in the service of their
sentence consisting of deprivation of liberty, with the full time during
which they have undergone preventive imprisonment if the detention
prisoner agrees voluntarily in writing after being informed of the
effects thereof and with the assistance of counsel to abide by the
same disciplinary rules imposed upon convicted prisoners, except in
the following cases:
"1. When they are recidivists, or have been convicted previously
twice or more times of any crime; and
"2. When upon being summoned for the execution of their
sentence they have failed to surrender voluntarily.
 RA 10592
"If the detention prisoner does not agree to abide
by the same disciplinary rules imposed upon
convicted prisoners, he shall do so in writing with
the assistance of a counsel and shall be credited
in the service of his sentence with four-fifths of
the time during which he has undergone
preventive imprisonment.
"Credit for preventive imprisonment for the
penalty of reclusion perpetua shall be deducted
from thirty (30) years.
 RA 10592
"Whenever an accused has undergone preventive imprisonment for a
period equal to the possible maximum imprisonment of the offense
charged to which he may be sentenced and his case is not yet
terminated, he shall be released immediately without prejudice to
the continuation of the trial thereof or the proceeding on appeal, if
the same is under review. Computation of preventive imprisonment
for purposes of immediate release under this paragraph shall be the
actual period of detention with good conduct time
allowance: Provided, however, That if the accused is absent without
justifiable cause at any stage of the trial, the court may motu
proprio order the rearrest of the accused: Provided, finally, That
recidivists, habitual delinquents, escapees and persons charged
with heinous crimes are excluded from the coverage of this Act. In
case the maximum penalty to which the accused may be sentenced
is destierro, he shall be released after thirty (30) days of preventive
imprisonment."
 CIVIL INTERDICTION
Q: What is civil interdiction?
A: It is an accessory penalty which has the effects
of depriving the offender during the time of his
sentence of the rights of parental authority, or
guardianship, either as to the person or property
of any ward, of marital authority, of the right to
manage his property, and of the right to dispose
of such property by any act or any conveyance
inter vivos.
 Civil Intediction is imposed
when the penalty is:
• 1. Death which is not carried out;
• 2. Reclusion perpetua; or
• 3. Reclusion temporal
 EFFECT OF PRESIDENTIAL
PARDON
Q: What is the effect of pardon (by the
President)?
A: A pardon shall not work the restoration of
the right to hold public office, or the right of
suffrage, unless such rights be expressly
restored by the terms of the pardon. It
shall also not exempt the culprit from the
payment of the civil liability imposed upon
him by the sentence.
 PARDON, DEFINED
• Pardon- is an act of grace proceeding
from the power entrusted with the
execution of the laws which exempts the
individual on whom it is bestowed from the
punishment the law inflicts for the crime he
has committed. A pardon may either be a
conditional or absolute.
 LIMITATIONS ON THE PARDONING
POWER OF THE PRESIDENT

• Pardon can be exercised only after

conviction;
• This power cannot be extended to cases
of impeachment
• No pardon involving violations of elections
laws, shall be granted without the
favorable recommendation of the
Comelec.
PARDON OF THE PRESIDENT vs. PARDON BY
THE PRIVATE OFFENDED PARTY

PARDON BY PARDON BY VICTIM

PRESIDENT
1. Extinguishes criminal liability 1. Does not extinguish criminal
liability

2. Does not extinguish civil liability 2. Extinguishes civil liability

3. Must be given after conviction 3. In cases where pardon is

by final judgment allowed it must be given prior to
the institution of criminal action
against the accused.
 PECUNIARY LIABILITY
ENUMERATE THE PROPER ORDER OF
PAYMENT OF THE PECUNIARY
LIABILITIES OF THE OFFENDER:
• Reparation of the damage caused
• Indemnification of consequential damages
• The fine
• Cost of the proceedings (Art.38)
 RULES TO BE OBSERVED IN
SUBSIDIARY IMPRISONMENT
• When the principal penalty is higher than prision
correctional no subsidiary imprisonment shall be
imposed.
• If the principal penalty be prison correctional or arresto
and fine, his subsidiary imprisonment shall not exceed
1/3 of the term of the sentence, and in no case shall it
continue for more than one year
• When the principal penalty is only fine, subsidiary
imprisonment shall not exceed six months, if the offender
is prosecuted for grave or less grave felonies, and shall
not exceed 15 days if for a light felony.
• The subsidiary penalty which he may have suffered shall
not relieve him from the fine in case his financial
circumstances should improve. (Art.39)
 RA 10159
Art. 39. Subsidiary Penalty. – If the convict
has no property with which to meet the
fine mentioned in paragraph 3 of the next
preceding article, he shall be subject to a
subsidiary personal liability at the rate of
one day for each amount equivalent to the
highest minimum wage rate prevailing in
the Philippines at the time of the rendition
of judgment of conviction by the trial court
 COMPLEX CRIME, DEFINED
Q: What is a complex crime?
A: There is a complex crime when a single
act constitutes two or more grave or less
grave felonies, or when an offense is a
necessary means for committing the other.
(In which case the penalty for the most
serious crime shall be imposed in its
maximum period-Art 48)
 TWO KINDS OF COMPLEX
CRIMES

1. When a single act constitutes two or

more grave or less grave felonies-
(compound crime or delito compuesto)
Ex. Bomb producing different effects
crime charged – double or multiple
murder
• 2. When an offense is a necessary means
of committing the other- (complex crime
proper or delito complejo)
 Example
• B with lewd design , forcibly abducted A,
forced A into the house and raped her.
What crime is committed?
• Forcible abduction with rape or
• Rape through forcible abduction

• Forcible abduction is a necessary means

in order to commit the crime of rape
 OTHER EXAMPLES
COMPOUND CRIME
1. Complex crime of rape with less serious
physical injuries (but not rape with slight
physical injuries).
2. Complex crime of direct assault with
serious physical injuries.
3. Complex crime of double murder
 OTHER
EXAMPLES COMPLEX CRIME
PROPER
1. Malversation through falsification of
public document
2. Kidnapping with murder
3. Simple seduction through usurpation of
official functions.
 COMPOSITE CRIMES/SPECIAL
COMPLEX CRIMES
Where the law provides a single penalty for two
or more component offenses, the resulting crime
is called a special complex crime. Some of the
special complex crimes under the Revised Penal
Code are:
(1) robbery with homicide,
(2) robbery with rape,
(3) kidnapping with serious physical injuries,
(4) kidnapping withomicide, and
(5) rape with homicide
Q: What is a continuous crime?
A: It is a single crime, consisting of a
series of acts all arising from one criminal
resolution. It is a continuous, unlawful act
or series of act set on foot by a single
impulse and operated by an unintermittent
force, however long time it may occupy.
• A, B, C, D, E living in the same compound
has a rooster in their houses. One night, X
took one rooster from A, B, c, d, and E.
How many charge of theft will you charge
X?
• Only one charge of theft being a continued
crime
 CONTINUING
CRIME/TRANSITORY
OFFENSE
• Ex.
• BP 22
• Estafa under Art. 315 par. 2 (d)
• Rebellion
• Kidnapping
 DEGREE and PERIOD
WHAT IS A DEGREE? – A Degree is one
entire penalty as enumerated in Article 71.

WHAT IS PERIOD – a period is one of the

three equal portions of a divisible penalty,
such as minimum, medium and maximum
periods.
COMPUTATION OF PENALTIES BY GRADUATION OF
DEGREE
Consum Frustrate Attempte
mated d d

Principa 0 1 2
l

Accomp 1 2 3
lice

Access 2 3 4
ory
Article 71 RPC. Graduated Scale

SCALE NO. 1
• Death
• Reclusion Perpetua
• Reclusion Temporal
• Prision Mayor
• Prision Correctional
• Arresto Mayor
• Destierro
• Arresto Menor
• Public Censure
• Fine
 SCALE NO.2

• Perpetual absolute disqualification

• Temporary absolute disqualification
• Suspension from public office, the right to
vote and be voted for, and the right to
follow a profession or calling
• Public censure
• Fine
 RULES FOR THE APPLICATION OF
PENALTIES WHICH HAVE THREE PERIOD
1. No mitigating and no aggravating –
medium period.
2. Only mitigating is present – minimum
period
3. Only aggravating is present – maximum
period.
4. Both mitigating and aggravating are
present – rule on offsetting (article 64).
 BOARD
SYNDICATED ESTAFA, DEFINED - Any person or
persons who shall commit estafa or other forms of
swindling as defined in Article 315 and 316 of the RPC
which is committed by a syndicate consisting of five or
more persons formed with the intention of carrying out
the unlawful or illegal act, transaction, enterprise or
scheme, and the defraudation results in the
misappropriation of money contributed by stockholders,
or members of rural banks, cooperative, "samahang
nayon(s)", or farmers association, or of funds solicited by
corporations/associations from the general public (PD
1689).
 HABITUAL DELINQUENT
Q: Who/What is a habitual delinquent?
A: A person shall be deemed a habitual
delinquent if within a period of ten years
from the date of his release or last
conviction of the crimes of serious or less
serious physical injuries, robo, hurto,
estafa, or falsification, he is found guilty of
any of said crimes a third time or oftener.
 ORDER OF SEVERITY OF
PENALTY
Q: Enumerate the proper order of severity of penalty from the highest to
the lowest.
A: 1. Death
2. Reclusion perpetua
3. Reclusion temporal
4. Prision Mayor
5. Prision Correctional
6. Arresto mayor
7. Arresto menor
8. Destierro
9. Perpetual Absolute Disqualification
10. Temporary Absolute Disqualification
11. Suspension from public office, the right to vote and be voted for,
profession
12. Public censure
 3 FOLD RULE IN SERVICE OF
SENTENCE
Q: What is the three fold rule in the service of
sentence?
A: According to this rule, the maximum duration of
the convict’s sentence shall not be more than
threefold the length of time corresponding to the
most severe of the penalties imposed upon him.
No other penalty to which he may be held liable
shall be inflicted after the sum of those imposed
equals the said maximum period.
Such maximum period shall in no case exceed
forty years.
• 5 counts of rape – reclusion perpetua (20
years and 1 day to 40 years
• 5 x 40 years = 200 years
• 3 fold rule must not exceed 3x the max.
penalty – 40 years x 3 = 120 years
• Provided it must not exceed 40 years
• 20 counts of estafa – arresto mayor plus
200 pesos on each count
• AM 6 months x 20 = 120 months (10
years)
• 200 pesos x 20 = 4,000 pesos
• Supposed sentence: 10 years plus fine of
4,000 pesos
• Applying 3 Fold Rule – Maximum 6
months x 3 = 18 months or 1 year and 6
months
 COMPLEX PENALTY
Q: What is a complex penalty?
A: It is a penalty prescribed by law
composed of three distinct penalties, each
forming a period, the lightest of them shall
be the minimum, the next the medium, and
the most severe the maximum period.( ex.
Reclusion Temporal to Death)
HEINOUS CRIMES, DEFINED
Those crimes which are grievous, odious
and hateful offenses and which, by reason
of their inherent or manifest wickedness,
viciousness, atrocity and perversity are
repugnant and outrageous to the common
standards and norms of decency and
morality in a just, civilized and ordered
society (RA 7659).
 LETHAL INJECTION
TIMELINE
Leo Echegaray who was
found guilty of raping her
daughter. He was executed
February 5, 1999.
 TIMELINE

Pablito Andan - was also

executed later in that year.
He was found guilty of rape
with homicide. He was
executed May 28, 1999.
 TIMELINE
Eduardo Agbayani (convicted of raping his own
daughter) could be the unluckiest among all
death convicts. Rumors had it that the President
had changed his mind and acceded to a
postponement on execution. It was reported that
he was calling the execution room to halt the
execution but the line was busy. He was only
able to connect with it about one or two minutes
after Agbayani was declared dead. The
execution took place June 25, 1999.
 TIMELINE
Dante Piandiong, Jesus Morallos
and Archie Bulan were executed
one after another by lethal injection
for the crime of robbery with
homicide. They were executed on the
same day, eerily just minutes apart
from each other, on July 8, 1999.
 THE THREE DRUG RULE
Drugs Used in the three Drug-Rule:

1. Sodium Thipentotal- induces sleep.

2. Pancurium Bromide- paralyzes the muscles
3. Potassium Chloride- stops the heart beat
There were 84 total number of executions
via electric chair in the Philippines.
Marcelo San Jose was the last on October
21, 1976.
Q: Why do some judges had the habit of
ceremoniously breaking their pencils after
publicly promulgating a death sentence?
A: It was a common sight to witness the
practice or ceremony of judges breaking
the pencils they used in cases which
results in death sentence as a symbolic
gesture that shows hope of never having
to give a death sentence ever again.
Q: Give the concept of the penalty of destierro.
A: Any person sentenced to destierro shall not be
permitted to enter the places designated in the
sentence, nor within the radius therein specified,
which shall not be more than 250 and not less
than 25 kilometers from the place designated. If
he does he may be held liable for Evasion of
service of sentence under article 157 RPC.
DESTIERRO IS IMPOSED IN THE
FOLLOWING:
– Death or Serious Physical injuries inflicted
under exceptional circumstances
– When a person fails to give a bond for good
behavior (Art. 284) (Grave threats/light
threats)
– Penalty for concubine in concubinage ( Art.
334)
Art. 88. Arresto menor. — The penalty of
arresto menor shall be served in the municipal
jail, or in the house of the defendant himself
under the surveillance of an officer of the law,
when the court so provides in its decision, taking
into consideration the health of the offender and
other reasons which may seem satisfactory to it.
MODES OF TOTAL EXTINCTION OF CRIMINAL
LIABILITY (Art. 89)

• By the death of the convict, as to the personal penalties; as to

pecuniary liabilities, it is extinguished only when the death of the
offender occurs before final judgment.
• By service of sentence;
• By amnesty-an act of the sovereign power granting oblivion or a
general pardon for past offense, and is rarely exercised in favor of a
single individual, and is usually exerted in behalf of certain classes
of persons who are subject to trail but not yet convicted.
• By absolute pardon
• Prescription of crime- the forfeiture or the loss of the right of the
state to prosecute the offender after the lapse of a certain time.
• Prescription of Penalty- the loss or forfeiture of the right of the
Government to execute the final sentence after the lapse of a certain
time.
• Marriage of the offended party under Article 344 RPC
 AMNESTY vs. PARDON
AMNESTY PARDON

1. Granted by the President with the Granted by the President alone

concurrence of Congress

2.May be given before or after conviction or Given only after conviction by final
during trial. judgment

3. Usually given to political offnders and a 3. Usually given to common crimes and
group of people single person

4. Looks backwards and erases everything 4. Looks forward

 TABLE OF PRESCRIPTION OF
CRIMES
PENALTIES INVOLVED PERIOD OF
PRESCRIPTION
Death, Reclusion perpetua, and 20 years
Reclusion temporal

Other afflicitve penalties, ex. 15 years

Prision mayor and
Disqualifications.

Punishable by correctional 10 years

penalties, ex. Prision correctional,
arresto mayor, destierro
 TABLE OF PRESCRIPTION OF
CRIMES
Arresto Mayor 5 years

Libel 1 year

Oral defamation and 6 months

slander by deed
Other light offenses 2 months
 Art. 91. Computation of
prescription of offenses.
• The period of prescription shall commence to
run from the day on which the crime is
discovered by the offended party, the authorities,
or their agents, and shall be interrupted by the
filing of the complaint or information, and shall
commence to run again when such proceedings
terminate without the accused being convicted
or acquitted, or are unjustifiably stopped for any
reason not imputable to him.
• The term of prescription shall not run when the
offender is absent from the Philippine
Archipelago.
 NOTE:
The period of prescription shall commence to run from
the day on which the crime is discovered by the:
1. offended party,
2. the authorities, or
3. their agents, and
shall be interrupted by the filing of the complaint or
information, and shall commence to run again when
such proceedings terminate without the accused being
convicted or acquitted, or are unjustifiably stopped for
any reason not imputable to him. It shall not run when
the offender is absent from the Philippines (Art.91)
 TABLE OF PRESCRIPTION OF
PENALTIES
PENALTY EVADED PRESCRIBES IN

Death and Reclusion 20 years

Perpetua
Other afflictive penalties 15 years

Correctional penalties 10 years

Arresto Mayor 5 years

Light penalties 1 year

 MODES OF PARTIAL EXTINCTION OF
CRIMINAL LIABILITY

• By conditional pardon- a contract between the

president and the convict the former will release the
latter upon compliance with certain conditions.
• By commutation of sentence- it is the reduction of the
period of imprisonment of the offender or the amount of
the fine.
• For good conduct time allowance- are deductions
from the term of the sentence for good behavior of the
convicted prisoner.
• Parole- consists of the suspension of the sentence of a
convict after serving the minimum term of the
indeterminate penalty
 Prescription of Penalties
• 1. Period of Prescription commences to
run from the date when the culprit evaded
the service of his sentence.
• 2. It is interrupted if the convict:
• a. Gives himself up;
• b. Be captured;
• c. Goes to a foreign country with which we
have no extradition treaty; or
• d. Commits another crime before the
 RA 10592 (May 2013)
"ART. 94. Partial extinction of criminal liability. –
Criminal liability is extinguished partially:
"1. By conditional pardon;
"2. By commutation of the sentence; and
"3. For good conduct allowances which the
culprit may earn while he is undergoing
preventive imprisonment or serving his
sentence."
 WHO MAY FILE A PETITION
FOR CONDITIONAL PARDON?
A prisoner who has served at
least one-half (1/2) of the
maximum of the original
indeterminate sentence.
 RA 10592 (May 2013)
"ART. 99. Who grants time allowances. –
Whenever lawfully justified, the:
1. Director of the Bureau of Corrections.
2. Chief of the Bureau of Jail Management
and Penology.
3. Warden of a provincial, district, municipal
or city jail shall grant allowances for good
conduct.
Such allowances once granted shall not be
revoked."
 RA 10592 (May 2013)
1- 2 YEARS 20 DAYS FOR EACH MONTH OF GOOD
BEHAVIOR

3-5 YEARS 23 DAYS FOR EACH MONTH OF GOOD

BEHAVIOR

6-10 YEARS 25 DAYS FOR EACH MONTH OF GOOD

BEHAVIOR

11- SUCCEDING YEARS 30 DAYS FOR EACH MONTH OF GOOD

BEHAVIOR

AT ANY TIME 15 DAYS FOR EACH MONTH OF

STUDY,TEACHING OR MENTORING
SERVICE TIME RENDERED
SPECIAL TIME ALLOWANCE FOR
LOYALTY
Q: What is the special allowance for loyalty?
A: It is a deduction of 1/5 of the period of sentence
to any prisoner who, having evaded the service
of his sentence under the circumstances in art.
158 RPC, gives himself up to the authority within
48 hours following the issuance of a
proclamation announcing the passing away of
the calamity.
 RA 10152 (May 2013)
ART. 98. Special time allowance for loyalty. – A deduction of one
fifth of the period of his sentence shall be granted to any prisoner
who, having evaded his preventive imprisonment or the service of
his sentence under the circumstances mentioned in Article 158 of
this Code, gives himself up to the authorities within 48 hours
following the issuance of a proclamation announcing the passing
away of the calamity or catastrophe referred to in said article. A
deduction of two-fifths of the period of his sentence shall be granted
in case said prisoner chose to stay in the place of his confinement
notwithstanding the existence of a calamity or catastrophe
enumerated in Article 158 of this Code.
"This Article shall apply to any prisoner whether undergoing
preventive imprisonment or serving sentence."
Q: What is article 100 of the Revised Penal
Code?
A: It says” every person criminally liable for
a felony is also civilly liable.
That’s all for Book 1
Article 111. Obligation to make restitution
in certain cases. - Any person who has
participated gratuitously in the proceeds of
a felony shall be bound to make restitution
in an amount equivalent to the extent of
such participation.
 Modes of Extinction of Civil
Liability
Civil liability is extinguished in the same manner as
other obligations, in accordance with the
provisions of the Civil Code namely:
1. Payment or performance
2. Loss of the thing due
3. Condonation or remission of the debt
4. Confusion or merger of the rights of creditor
and debtor
5. Compensation
6. Novation and others (See Art. 1231 Civil Code).
THANK YOU!