PART TWO OF SYLLABUS
CRIMINAL LAW- BOOK ONE
I: Circumstances Affecting Criminal Liability and Other Relevant Special Laws
A. Justifying Circumstances
A.1. Self-defense
Case:
(1) People v. De Leon, G.R. No. 197546, March 23, 2015
- Section 26, RA 9262: Battered Woman Syndrome
Case:
(1) People v. Genosa, G.R. No. 135981, January 15, 2004
A.2. Defense of relatives
A.3. Defense of stranger
A.4. Avoidance of greater evil or injury
- Case:
(1) People v. Ricohermoso, G.R. Nos. L-30527-28, March 29, 1974
- See also Art. 101 of the RPC
A.5. Fulfillment of duty or lawful exercise of right or office
Case:
(1) People v. Felipe Delima, G.R. No. L-18660, December 22, 1922
- See also Art. 429 of the New Civil Code
A.6. Obedience to an order issued for some lawful purpose
Case:
(1) Tabuena v. Sandiganbayan, G.R. Nos. 103501-03, February 17,
1997
B. Exempting Circumstances
B.1. Insanity
Case:
(1) Verdadero v. People, G.R. No. 216021, March 2, 2016
B.2. Minority
- RA 9344 as emended by RA 10630, in relation to A.M. 02-1-18-SC
- Sec. 4(e) of RA 9344 in relation to Sec.1. of A.M. 02-1-18-SC
- Sec. 20 of RA 9344
- Discernment
- Sec. 7 of RA 9344 in relation to Sec. 5 of A.M. 02-1-18-SC
- Sec. 6 of A.M. 02-1-18-SC
- Sec. 33 of RA 9344
- Sec. 38 of RA 9344
- Sec. 39 of RA 9344
- Sec. 4(r) of RA 9344
B.3. Accident
Case:
(1) US v. Tañedo, G.R. No. L-5418, February 12, 1910
B.4. Compulsion of an irresistible force
Case:
(1) People v. Loreno, G.R. No. L-54414, July 9, 1984
B.5. Uncontrollable fear
Case:
(1) PP v. Palencia, G.R. No. L-38957, April 30, 1976
B.6. Insuperable cause
Case:
(1) U.S. v. Vicentillo, G.R. No. L-6082, March 18, 1911
1
C: Absolutory Causes
- Art. 6 of the RPC
- Art. 20 of the RPC
- Art. 124 of the RPC
- Art. 247(1) and (2) of the RPC
- Art. 280(3) of the RPC
- Art. 332 of the RPC
- Art. 344(4) of the RPC
- instigation
D. Mitigating Circumstances
Kinds:
(1) Ordinary
(2) Privileged
D.1. Incomplete justifying or exempting circumstances
Case:
(1) U.S. v. Rivera, G.R. No. L-16443, March 21, 1921
D.2. Over 15, but under 18, who acted with discernment; or over 70 years of
age
D.3. Praeter Intentionem
- See also Sec.4(8) of RA 8049
Case:
(1) People v. Rabao, G.R. No. L-46530, April 10, 1939
D.4. Provocation or threat
Case:
(1) People v. Court of Appeals, G.R. No. 103613, February 23, 2001
D.5. Vindication of grave offense
Case:
(1) People v. Benito, G.R. No. L-32042, February 13, 1975
D.6. Passion or obfuscation
D.7. Voluntary surrender/ voluntary plea of guilt
D.8. Physical defect of offender
D.9. Illness of the offender
D.10. Analogous circumstances
E. Aggravating Circumstances
Kinds:
(1) Generic
(2) Specific
(3) Qualifying
(4) Inherent
E.1. Advantage be taken by the offender of his public position
Case:
(1) People v. Ural, G.R. No. L-30801, March 27, 1974
E.2. Contempt of or with insult to public authorities
E.3. With insult or in disregard of the respect due the offended party on account
of his rank; disregard of respect due to age; disregard of respect due to sex;
and disregard of dwelling
E.4. Abuse of confidence or obvious ungratefulness
E.5. Commission of act at the palace of the Chief Executive, or in his presence,
or where public authorities are engaged in the discharge of their duties, or
in a place dedicated for religious worship
2
E.6. Nighttime, uninhabited place, or band
Case:
(1) Gamara v. Valero, G.R. No. L-36210, June 25, 1973
E.7. Conflagration, shipwreck, earthquake, epidemic, or other calamity or
misfortune
E.8. Armed men or persons who insure or afford immunity
E.9. Recidivist
E.10. Reiteracion
*See also: Art. 62(5) of the RPC for habitual delinquency; Art. 160 of the RPC
for quasi-recidivism
E.11. Price, reward, or promise
E.12. Fire, inundation, poison, explosion, stranding of a vessel, artifice
involving great waste or ruin, or derailment of a locomotive
- See also Sec. 3 of PD 1866 as amended by Sec. 2 of RA 8294
E.13. Evident premeditation
E.14. Craft, fraud, or disguise
E.15. Taking advantage of superior strength or employment of means to
weaken the defense
E.16. Treachery
E.17. Ignominy
E.18. Unlawful entry
E.19. Breaking of wall, roof, floor, door, or window
E.20. With the aid of persons under 15 years of age, or using motor vehicles,
airships, or similar means
E.21. cruelty
- See also Secs. 8 and 25 of RA 9165
F. Alternative Circumstances
F.1. Relationship
F.2. Intoxication
F.3. Degree of instruction
II: Persons Criminally Liable for Felonies
- Art. 16 to Art. 20 of the RPC
A. Principals
Case:
(1) People v. Lao, G.R. No. L-10473, January 28, 1961
B. Accomplices
Case:
(1) People v. Urbina, G.R. No. L-6969. August 31, 1955
C. Accessories
Case:
(1) U.S. v. Caballeros, G.R. No. 1352, March 29, 1905
- See also PD 1612
- See also PD 1829
III: Penalty
A. Penalties in general
- Arts. 21 to 24 of the RPC
B. Classification of Penalties
- Arts. 25 to 26 of the RPC
- See also RA 9346
3
C. Duration and Effects of Penalties
- Arts. 27 to 45 of the RPC
D. Application of Penalties
- Arts. 46 to 72 of the RPC
- Plurality of crimes
(1) complex crime
(2) compound crime
(3) continuing crime
(4) special complex crime
G. Common Provisions on the Rules on Application of Penalties
- Arts. 73 to 77 of the RPC
F. Act 4103 as amended by Act 4225: Indeterminate Sentence Law
G. PD 968 as amended by PD 1257, and as further amended by BP 76, PD 1990,
and RA 10707: Probation Law
H. Execution and Service of Penalties
- Arts. 78 to 88 of the RPC
- PD 603 as amended by RA 9344
IV: Extinction of Criminal Liability
- Arts. 89 to 99 of the RPC
- See also Act 3326 as amended by Act 3763
- See also RA 10592
V: Civil Liability
- Arts. 100 to 111 of the RPC
- Extinction of civil liability
- Arts. 112-113 of the RPC
