Not intended for publication. For classroom instruction purposes only.

LEARNING CRIMINAL LAW IS AS EASY

AS A-B-C

CLJ 3 – CRIMINAL LAW BOOK I

David Harold Q. Pacatang

Not intended for publication. For classroom instruction purposes only.

CRIMINAL LAW IS AS EASY AS A-B-C

Copyright 2020

by

David Harold Q. Pacatang

and

Jose Rizal Memorial State University

All rights reserved. This book or any portion thereof

May not be reproduced or used in any manner whatsoever
Without the express written permission of the author
Except for the use of brief quoatations in a book review.

Page and cover design: Juniel B. Lozares

Editor:
ISBN:

Published by:
JOSE RIZAL MEMORIAL STATE UNIVERSITY – Dipolog Campus
The Premier University in Zamboanga del Norte
National Highway, Turno, Dipolog City, 7100
Tel. No. (065) 212 - 2292

Not intended for publication. For classroom instruction purposes only.

Course Introduction

As a flexible learning package, this course includes course introduction, course syllabus,
learning guide, learning contract, summative assessments, course requirements, and activities to
be accomplished.

Course Description

Criminal Law Book I is one of the core courses under Professional courses in the
curriculum description of CMO No. 05, series of 2018 known as The Policies, Standards and
Guidelines for the BS Criminology Program.

Based on the Guidelines for the Implementation of CMO No. 46 s. 2012, this PSG
implements the “shift to learning competency-based standards/outcomes-based education. A
program goal is to prepare students for careers in crime prevention, law enforcement, public
safety and allied fields which also sets the minimum set of learning outcomes.

Specific to the graduates of BS Criminology Programs are relevant knowledge, skills,

attitude and values which when equipped will be able to apply the principles and jurisprudence of
criminal law.

A learner-centered paradigm begins with a clearly stated competencies students must

acquire and demonstrate at the end of the four-year program. Proficiency in knowing legal terms,
cases, legal provisions and its elements will enable them to learn the extent of its application. A
connection is established when a ruling of a given case with a particular provision is understood
thereby fully grasping the meaning of the law.

Course Outcomes

Common to all programs: Articulate and discuss the latest developments in the specific field of
practice; effectively communicate orally and in writing using both English and Filipino; and act in
recognition of professional, social and ethical responsibility.

Common to Criminal Justice Education: conduct criminological research and further studies;
ensure public safety and order and maintenance; enforce laws, rules and regulations; and
investigate and detect crimes.

Common to horizontal type defined in CMO no. 46, s of 2012: for professional institutions:
demonstrate a service orientation in one’s profession; and for universities: an ability to participate
in the operationof new knowledge or in research and development projects.

Graduates of SUC: competencies to support national, regional and local development plans.

Not intended for publication. For classroom instruction purposes only.

 Intended Users

Third year Criminology students officially enrolled in CLJ 3 Criminal Law Book I are the
target population. Other year level students may enroll provided it is approved by the evaluator.

Special Features

The learning package is distinct from other books because it has the following major parts:

Course Introduction. It presents vital information about the course.

Course Syllabus. This provides vital information on the course outcomes, learning
outcomes, activities, assessments, grading system, and the course requirements.

Learning Guide. This provides significant information as to the students’ schedule of

submitting the output and the course requirements, feedback modality, communication
mechanism, and the contract information of the instructor/professor and other authorities of the
University/Campus.

Learning Contract. It is a document that contains the commitment of the learners in

accomplishing the activities which includes also the Data Privacy Act, plagiarism rules, safety
reminders, and parent’s support.

Summative Assessment. These are forms which include the summative assessment plan,
summative assessment instruction, and assessment rubrics.

Flexible Learning Module. This is the core of the subject that contains the front contents,
module content (learning outcomes, pretest, content, learning activities and assessments), and
the back contents.

This module observes gender-sensitive statements, internationalized in certain areas of

study, has future skills outcomes integrated and flexible.

With this learning package, it is expected that the students demonstrate competence and
broad understanding in law enforcement administration, public safety, criminal justice and human
rights.

Not intended for publication. For classroom instruction purposes only.

 Republic of the Philippines
JOSE RIZAL MEMORIAL STATE UNIVERSITY
The Premier University in Zamboanga del Norte
Dipolog Campus, Dipolog City

COLLEGE OF CRIMINAL JUSTICE EDUCATION

Program: BS Criminology
Department: College of Criminal Justice Education
Instructor/Professor: David Harold Q. Pacatang
Syllabus Code: JRMSU-CCJE-DIP

COURSE SYLLABUS

Pre-Requisites: Course Code CLJ3 Day & Time:

Unit of Credit: Room:
No. of Hours: Course Title CRIMINAL LAW BOOK I Consultation Hours:

Jose Rizal Memorial State University adheres to the principle of dynamism and cultural diversity in
PHILOSOPHY
building a just and humane society.
VISION A dynamic and diverse internationally recognized University
Jose Rizal Memorial State University pledges to deliver effective and efficient services along research,
instruction, production and extension.
MISSION
It commits to provide advanced professional, technical and technopreneurial training with the aim of
producing highly competent, innovative and self-renewed individuals.
Jose Rizal Memorial State University focuses on developing graduates who are exemplars of Rizal’s
ideals that can:
E - xhibit relevant and responsive competencies across disciplines towards
X - enial delivery of services;
C - ommunicate ideas proficiently in both written and spoken forms;
E - ngage in lifelong learning;
GOALS
L - ead effectively and efficiently amidst socio-cultural diversity;
L - ive up the challenges of the global community;
E - mbody professional, social and ethical responsibilities;
N - urture a harmonious environment;
C - onserve and promote Filipino cultural heritage; and
E - valuate their contribution to the local and global communities.
Graduate Attributes of Ilustrado Globally competitive; Industry relevant; effective communicator; innovative; service-driven; lifelong
Tribe (GAIT) learner
Program Outcome/s Apply the principles and jurisprudence of Criminal Law
The course deals with the principles in general, different circumstances, criminal liability, participants of
the crime and penalties, among others. It includes study on the legal provisions particularly crimes and
Course Description
their penalties indicating the connection of important rulings and leading cases with the particular
provision of the Revised Penal Code.
Not intended for publication. For classroom instruction purposes only.
Course
Referenc Learning Learning Formative Summative
Outcome Learning Outcomes Topics
es Activities Materials Assessment Assessment
s
Apply the  Definition of MIDTERM Reyes  Reflective  Books  Multiple  Selected-
principles criminal law/like COVERAGE (2010) writing  Internet Choice response
and terms in own Sandoval  Building (google,  Fill in the assessment
jurisprude words  Criminal Law (2010) scenarios youtube, blanks (multiple
nce of  Determine in General Mapile  One etc) choice tests,
Criminal elements  Felonies, (2007) paragraph enhanced
law involved  Consummat summary multiple
 Proficiency in ed, choice
determining Frustrated questions,
incurrence of and short
criminal liability Attempted investigation
 Definition of stages s and open
stages of  Justifying response
execution using Circumstsan questions)
own words ces
 Proficiency in  Exempting
identifying Circumstanc
justifying, es
exempting,  Mitigating
mitigating, and cicumstance
aggravating s
circumstances  Aggravating
Circumstanc
es
Apply the  Proficiency in FINAL Reyes  Reflective  Books  Multiple  Selected-
principles identifying COVERAGE (2010) writing  Internet Choice response
and alternative Sandoval  Building (google,  Fill in the assessment
jurisprude circumstances  Alternative (2010) scenarios youtube, blanks (multiple
nce of  Proficiency in Circumstance Mapile  One etc choice tests,
Criminal determining s (2007) paragraph enhanced
law participants of  Persons summary multiple
the crime criminally choice
 Determine the liable for questions,
scale, felonies short
classification  Penalties investigation
and duration of  Extinction of s and open
penalties criminal response
 Proficiency in liability questions)
determining  Civil liability
 Special laws

Not intended for publication. For classroom instruction purposes only.

 participants of
the crime
 Determine the
scale,
classification
and duration of
penalties
 Proficiency in
determining
penalties that
has 3 periods
 Determine total
and partial
extinction of
criminal liability
 Proficiency in
identifying civil
liability arising
from an offense
and its inclusion

References:

1. Aguilar, Narciso M (2006). The Revised Rules of Criminal Procedure vol.2 first ed. Central Book Supply, Inc.
2. Mapile, Rodolfo D.(2007) Criminal Law Review Made Simple Mutya Publishing House
3. Reyes, Luis B. [2010] Revised Penal Code, Rex Bookstore Inc.
4. Rex Bookstore Staff, [2010] The Revised Penal Code of the Philippines, Rex Bookstore Inc.
5. San Beda College Memory Aid in Criminal Law, 2002
6. Sandoval, Edilberto G., [2010] Pointers in Criminal Law, Rex Bookstore Inc.
7. Scheb, John and John M. Scheb II, [2007] Criminal Law, 4th Edition
8. Syllabi CHED – IX, 2012

GRADING PLAN

The term grade is computed using the formula:

40% - Performance (e.g. Research Proposal – 15%; Completed Research – 25%)

30% - Major Requirements (Oral Presentation of Completed Research – 20%; Policy briefs – 10%)
30% - Formative Assessment (Submission of FA activities – 20%; Student Enagagement – 10%)
Midterm Grade = 100% of the Midterm Grade (if applicable)
Final Grade = 50% of the Midterm Grade + 50% of the Final Term Grade (if applicable)

Not intended for publication. For classroom instruction purposes only.

 CLASSROOM RULES OF CONDUCT Course requirements must be submitted on time.

1. Plagiarism is strictly prohibited. Be aware that plagiarism in this course would include not only using another’s words, but another’s specific
intellectual posts in social media. Assignments must be done independently and without reference to another student’s work. Any outside
sources used in completing an assignment, including internet references must be fully cited on any homework assignment or exercise.
2. All students should feel free to talk to the instructor face-to-face or through media during office hours.
3. Academic accommodations are available for students with special needs. Students with special needs should schedule an appointment
with the instructor early in the semester to discuss any accommodations for this course.

Prepared: Noted: Noted: Approved/Disapproved:

DAVID HAROLD Q. PACATANG, MARY MELMAR G. TEVES, BERNARD G. GILAGA, PhD ALICE MAE M. ARBON, PhD
DPA PhD Associate Dean OIC, Office of the VPAA
Associate Professor Program Chair

Date: 30 July 2020 Date: Date: Date:

Date Revised: _____________

Not intended for publication. For classroom instruction purposes only.

 Learning Guide

The key to successfully finish this material lies in your perseverance to sincerely and
honestly perform the learning activities and accomplish the assessments. This flexible learning
package is developed with the aim to aid your learning for this course. Aside from meeting the
content and performance standards of this course in performing all the learning activities and
assessments, you will be able to learn the skills and values which are needed in achieving the
future skills and the graduate attributes to become globally competitive individuals.

Classroom Rules and Conduct

The following are the house rules which will help you to be on track and successfully
finish this course:
1. Schedule and manage your time to read and understand every component of this
learning package.
2. Study on how you can manage to perform all the learning activities in consideration
with your resources and accessibility to technology. Do not ask questions that are
already answered in the guide.
3. If you did not understand the readings and the other tasks, read again. If there are
still clarifications and questions, feel free to reach me through the contact information
indicated in this guide.
4. Do not procrastinate. As much as possible, follow the timetable.
5. Read and understand the assessment and technology tools as indicated in the
directions in every assessment or activity.
6. Before the end of the midterms, you will be tasked to send back the material trough
the pigeon boxes in your department. For online learners, you will submit your output
and other tasks in the google classroom. While waiting for my feedback of your
accomplished module, you may continue on accomplishing the tasks in the
succeeding units that are scheduled for the finals.
7. Most importantly, you are the learner; thus, you do all the tasks in your own. You
may ask assistance and guidance from your parents, siblings or friends, but all the
activities shall be performed by you alone.
8. Course requirements must be submitted as to schedule.
9. Plagiarism is strictly prohibited. Be aware that plagiarism in this course would include
not only using another’s words, but another’s specific intellectual posts in social
media. Assignments must be done independently and without reference to another
student’s work. Any outside sources used in completing an assignment, including
internet references must be fully cited on any homework assignment or exercise.
10. All students should feel free to talk to the instructor face-to-face or through media
during office hours.
11. Academic accommodations are available for students with special needs. Students
with special needs should schedule an appointment with the instructor early in the

Not intended for publication. For classroom instruction purposes only.

 semester to discuss any accommodations for this course.

Study Schedule

Week Unit Title Activities

1 –3
st rd
Criminal Law in General, Reflective Writing
Felonies, Stages of Building Scenarios
execution One Paragraph Summary
4th – 6th Justifying Circumstances Reflective Writing
and Exempting Building Scenarios
circumstances One Paragraph Summary
7th – 9th Mitigating and Aggravating Reflective Writing
Circumstances Building Scenarios
9th One Paragraph Summary
10th -18th Alternative Circumstances, Reflective Writing
Participants of the Crime, Building Scenarios
Penalties, Extinction of One Paragraph Summary
Criminal Liability and Civil
Liability; Special Laws

Course Requirements

Performance Based Activities

Assessments (quantitative tests)

Evaluation

To pass the course, you must observe the following:

1. Read the course module and answer the pretest, quizzes, self-assessment
activities.
2. Write your thoughts and suggestions in the comment boxes.
3. Perform all the learning activities.
4. Accomplish the assessments.
5. Submit the course requirements.
6. Perform the Midterm and Final Assessments

Grading Plan

The term grade is computed using the formula:

40% - Performance
30% - Major Requirements
30% - Formative Assessment

Not intended for publication. For classroom instruction purposes only.

 Midterm Grade = 100% of the Midterm Grade (if applicable)
Final Grade = 50% of the Midterm Grade + 50% of the Final
Term Grade (if applicable)

Technology Tools

In order to perform all the learning activities and accomplish the assessments, you
will need these software applications: word processing and presentation software. These are
applications that are available in your desktop or laptop that will not require internet
connection. All materials and activities that will involve reporting, interpretation, and problem
solving will be created using Microsoft word or any application alike, be saved in the CD or
flash drive. These materials will be submitted through the pigeon boxes. For online learners,
materials will be uploaded in google classroom.

Feedback Modality

This learning package uses 3 types of feedback modalities which includes embedded,
both module and online activities, and module and online where the students are guided in
the self-assessment and the module provide key answers. Students understand the content
and this is part of the embedded feedback modality. The learning package also include
teacher call and student initiated phone call which must be on the given time and working
days to assure learning. Online instruction like Google classroom, email, messenger and
other online platforms shall be used.

Communication Mechanisms

This learning package provides a Google classroom which serves as the tool in
online class. Students can communicate with teachers using this application especially if the
students have difficulty in the use of the same. Students can initiate call to teachers on the
intended working day and time and vice versa when important matters arise. Should any
problem is encountered, contact information can be access.

Contact Information

Person/Office Email address CP number

Instructor davidharoldpacatang@jrmsu.edu.ph 09277655594
davidhq_pacatang@yahoo.com
IMDO dipolog.imd@jrmsu.edu.ph
FLS
CCJE (065) 212-2124
DSAS https:/www.facebook.com/JRMSU.SASO 0949 785 9673
.DIPOLOG
dsasdipolog@gmail.com
Library dipolog.library@jrmsu.edu.ph
DRMMO dipolog@jrmsu.edu.ph

Not intended for publication. For classroom instruction purposes only.

 JOSE RIZAL MEMORIAL STATE UNIVERSITY

LEARNING AGREEMENT
By signing this learning agreement, I commit to the following terms and conditions of Jose Rizal Memorial
State University in the implementation of Flexible Learning System. Specifically, I commit to observe the
following:

1. That I must observe all guidelines of the state pertaining to the prevention of COVID, specifically
to stay home, to observe physical distancing and the use of face masks when interacting with
others.

2. That I shall prioritize my health and safety while I comply with all the necessary learning activities
and assessments needed in my enrolled courses.

3. That I will exhaust all means of complying the requirements at home or in a less risky place and
location that will not allow me to be exposed to other people.

4. That I have already read and understood all instructions pertaining to my enrolled courses.

5. That I commit to do all the learning activities diligently, following deadlines and the learning guide
enabling me to deliver the course requirements.

6. That I commit to answer all forms of assessment in the learning package honestly.

7. That I shall initiate in giving feedback to my instructor at least once every two weeks.

8. That I shall not reproduce or publish any part of the learning package content without the written
consent of the University and the author/s.

9. That I shall not commit any form of plagiarism in all course requirements.

Conformed:

_______________________________ ___________________

Not intended for publication. For classroom instruction purposes only.

 Name and signature of student Date signed

_______________________________ ___________________
Name and signature of parent/guardian Date signed

_______________________________
Contact Number of Parent/Guardian

**Please email the signed copy of this learning agreement to your instructor as soon as you have received the
learning package.

Not intended for publication. For classroom instruction purposes only.

 Summative Assessment Plan

Course Title of Description Scoring/Grading Weight (%) in

Outcomes Assessment Standard Final grade
Apply the Midterm/Final Multiple choice [(Raw score X MG=100%; FG=
principles and Exam (Selected (Weimer, 2018); 50)/no. of items] 50% of MG +
jurisprudence of response Short X 50. This 50% of Final
criminal law assessment) investigations, assessment Term Grade.
Open response consists of 75 This is 30% in
questions points. the final grade
(Teacher Vision, for Midterm and
2011) Final exam.

Summative Assessment Instruction to Learners

Introduction and Rationale

The modified course outcomes both prescribed by the CMO and the teacher (F12) states the
application of principles and jurisprudence of criminal law. Apply means to require students to
use procedure to solve tasks or determine which procedure is most appropriate for a given
task(FAP, JRMSU FLS, 2020).
By using Multiple Choice assessment, the learner can successfully complete the course
outcomes with the following reasons:
(1) the questions required more and deeper thinking;
(2) promotes more thinking where greater certainty the answer is correct, the higher the
confidence level;
(3) students want test questions to be fair, then they should be able to figure out what the
question is asking even if they can’t answer it; and
(4) detailed explanation of why certain answers were correct or incorrect.

Instructions
The learner shall choose "the best answer" or "the most likely solution" and write the
corresponding letter on the space provided before each number item. Reference books by Luis
Reyes, Edilberto Sandoval and Rodolfo Mapile Jr. should be on hand and various
supplementary readings are found in the internet. The student is expected to get a passing
grade of at least 50% of each and every assessment. A higher percentage adds up points to
compensate for other deficiencies.

Not intended for publication. For classroom instruction purposes only.

Not intended for publication. For classroom instruction purposes only.
 i

Learning Criminal Law is as

easy as A-B-C
CLJ3 (Criminal Law Book I)

David Harold Q. Pacatang

Not intended for publication. For classroom instruction purposes only.

 ii

Learning Criminal Law is as easy as A-B-C

by

David Harold Q. Pacatang

and

Jose Rizal Memorial State University

All rights reserved. This book or any portion thereof may

not be reproduced or used in any manner whatsoever
without the express written permission of the author
except for the use of brief quotations in a book review.

Page and Cover designed: Engr. Andrew Gallemit and Ms. Jenalyn Paez

ISBN _________________

First Edition. _____________

JOSE RIZAL MEMORIAL STATE UNIVERSITY

Turno, Dipolog City, 7100
Tel. No. (065) 212-9661/908-3472
Fax No. (065) 212-2292
Jrmsu.hr2018.dpl@gmail.com

Not intended for publication. For classroom instruction purposes only.

 iii

Preface

This diffident work tries to present the general principles of criminal law.
Highlighting the elements of the legal provisions will enable one to know easily the
meaning of a particular legal provision and the degree of its application.

Definitions of terms and other important words and phrases used in various
articles are emphasized to enable the readers to have a complete grasp of the meaning
of the law.

This book is distinct from other books because it has the following major parts:

Unit –Gives the specific lesson of the material.

Concept-Gives brief generalization about an important idea of the unit.

Learning Outcomes- These are skill or competencies that the students are
expected to do after they will have finished reading the unit.

Pretest- a test given to measure learner’s prior knowledge.

Content- Provides a comprehensive discussion about the topics.

Learning Activities- This part is composed of outcomes-based activities which

are congruent to the learning targets in each unit.

Assessment -Serves as an evaluation part (traditional or performance-based

tests).

Another feature of this module is the inclusion of rubrics which are very important
in assessing the different activities and the performance of the learners. The use of
gender-sensitive language also facilitate better learning.

It is hoped that with this anthology on hand, the student could appreciate each and
every element of the legal provisions and joins the ruling of a given case with the
particular provision of the Revised Penal Code.

-The Author

Not intended for publication. For classroom instruction purposes only.

 iv

Acknowledgment

The world is a better place thanks to people who want to develop and lead others.
What makes it even better are people who share the gift of their time to mentor future
leaders. Thank you to everyone who strives to grow and help others grow. It is the
academic version of The Lion King song, “Circle of Life.”

To all the individuals I have had the opportunity to listen and learn, be led by, or
watch their leadership from afar, I want to say thank you for being the inspiration and
foundation for Learning Criminal Law is as easy as A-B-C.

Without the experiences and support from my peers and team at JRMSU, this
book would not exist. You have given me the opportunity to be with a great group of
individuals—to be standing amongst great leaders is a blessed place to be. Thank you to
JRMSU President Daylinda Laput, VPRED Janette Icao, VPAA Alice Mae Arbon, VPA
Reynaldo Venezuela, Campus Administrator Marvin Recapente, Campus Administrator
Leonardo Zamoras, Dean Rowell Pallega, Dean Bernard Gilaga and Dr. Jovelyn Cantina.

Having an idea and turning it into a book is as hard as it sounds. The experience
is both internally challenging and rewarding. I especially want to thank the individuals
that helped make this happen. Complete thanks to Jen, the FLS Team and CCJE faculty
members.

My wife.

My daughter.

My mother and sisters.

I want to thank EVERYONE who ever said anything positive to me or taught me

something. I heard it all, and it meant something.

I want to thank God most of all, because without God I wouldn’t be able to do any
of this.

-The Author

Not intended for publication. For classroom instruction purposes only.

 v

Table of Contents

Page

Copyright ii
Preface iii
Acknowledgment iv

Unit 1 Criminal Law in General 1

Unit 2 Justifying Circumstances 16

Unit 3 Mitigating Circumstances 31

Unit 4 Alternative Circumstances 50

References 71

Assessment Rubrics 72

Appendices 76

Glossary 76

Answer Key 77

User’s Evaluation 79

About the Author 81

Not intended for publication. For classroom instruction purposes only.

Learning Criminal Law is as easy as A-B-C 1

Unit 1 – Criminal Law in General

Felonies
Stages of Execution

Criminal Law is that branch or division of law which defines crimes, treats of their nature,
and provides for their punishment. It is intended primarily for a person to gain knowledge
on the legal provisions and the extent of its application. The legal provisions of articles are
broken into elements where important rulings and leading cases are indicated thereby
connecting and incorporating the ruling of a given case with a particular provision of the
Revised Penal Code to enable the learner to have a full grasp of the meaning of the law.

Felonies are acts and omissions punishable by law. The students will learn if it is
committed by either intent or negligence, differentiate culpable from intentional felony, rule
out mistake of act and how criminal liability is incurred.

Learning further the concept of criminal law requires one to go to the stages of execution
as this will determine the penalty imposed

Learning Outcomes

At the end of this unit, you will be able to:

• identify and define the principle contain in a given situation;

• determine the persons involved in the crime and the criminal liability of the
accused; and
• formulate situations reflecting the different principles.

Pretest

Multiple Choice
Directions: Choose the correct answer and write the corresponding letter on the space
provided before each item.

___1. These are acts and omissions punishable by law.

a. felonies b. crimes c. offenses d. infractions
___2. Name one of the sources of Philippine Criminal Law.

Not intended for publication. For classroom instruction purposes only.

Learning Criminal Law is as easy as A-B-C 2

a. RPC b. court decisions c. jurisprudence d. ordinances

___3. This act should be made before all the acts of execution are performed so as not to be
criminally liable.
a. preparatory b. desistance c. external act d. internal act
___4. Light felonies are punishable only when they are –
a. grave b. consummated c. light d. frustrated
___5. Penal laws are strictly construed against this entity.
a. accused b. victim c. government d. state
___6. It meant lacked of foresight on the person that will make him liable.
a. fault b. cause c. negligence d. deceit
___7. Imprudence indicates this deficiency.
a. perception b. foresight c. skill d. action
___8. Latin term for mistake in the identity.
a. nullum crimen b. praeter intentionem c. aberratio ictus d. error in personae
___9. Impossible crime is an offense against _________ or property.
a. person b. chastity c. public officers d. public interest
___10. Fault in Latin term.
a. culpa b. dolo c. ignorantia d. mens rea

Thank you for answering the test. Please see page 77 for the key answer.

If you got a score below 5, click this link https://www.youtube.com/watch?v=AGdJIqI34a4 for

further readings.

The next section is the content of this unit. It contains vital information of the
topics based on the learning outcomes. Please read the content.

Content

Topic: Criminal Law in General

Definitions, Sources, Limitations, Characteristics, Theories

Criminal Law – defines crimes, treats of their nature and provides for their punishment.

Crime – an act committed or omitted in violation of a public law forbidding or commanding it.

Not intended for publication. For classroom instruction purposes only.

Learning Criminal Law is as easy as A-B-C 3

Figure 1

Different acts and omissions punishable under the law

Note: Different acts and omissions punishable under the law. Adapted from “ Terrorist Crime Bad
Violence Snatch Thief Criminal Icon Symbol Pictogram” by Khoon Lay Gan, 2020.
https://www.123rf.com/photo_18812421_terrorist-crime-bad-violence-snatch-thief-criminal-icon-symbol-
sign-pictogram.html. Copyright 2020 by 123rf.com

Sources of Philippine Criminal Law:

1. Revised Penal code
2. Special laws

Power to Define and Punish Crimes

The State has the authority, under its police power, to define and punish crimes and to lay down
the rules of criminal procedure.

People vs. Santiago, 43 Phil. 124

The State, as part of their police power, has a large measure of discretion in creating and defining
criminal offenses.

What law cannot be enacted

1. Ex post facto law – exposes the accused to punishment for an act which
was not punishable at the time of its commission
2. Bill of attainder – inflicts punishment without judicial trial or due process

Not intended for publication. For classroom instruction purposes only.

Learning Criminal Law is as easy as A-B-C 4

Characteristics of criminal law

1. General – binding on all persons who live or sojourn in Philippine territory regardless of sex,
age, color, creed or persuasions.

Figure 2

A photo of Nationality Illustrations

Note: A photo of Nationality Illustrations. Adapted from “ Nationality stock vectors”.

https://depositphotos.com/stock-photos/nationality.html?filter=all . Copyright 2020 by DepositPhotos, Inc,
USA

Exceptions:

i. Treaties – executive agreement between two states concurred by both

their Senate
ii. International law – head of states, ambassadors, ministers
plenipotentiary, minister residents and charges d ‘ affaires but not
consuls
iii. Preferential application – senators and congressmen during session
and penalty of less than 6 years

2. Territorial – penal laws are enforceable only within the Philippine territory.

Not intended for publication. For classroom instruction purposes only.

Learning Criminal Law is as easy as A-B-C 5

Figure 3

A photo of National Territory

Note: A photo of National Territory. Adapted from “ Politics and Governance by Charo Esquivias Dugan-
Listana”. http://politicsandgovernance.blogspot.com/2010/06/philippine-territory.html . Copyright 2010 by
jlbrael _2007

Exceptions:
a. On board a Philippine ship or airship
b. Forge or counterfeit any coin or currency note of the Philippines
c. Introduce what is mentioned in # 2 above
d. Public officers/employees in the exercise of their functions
e. Against national security and the law of nations

3. Prospective – penal law cannot make an act punishable in a manner in which it was not
punishable when committed.

Law takes effect

Crimes are punished under the laws
in force at the time of their
commission.

How penal law laws construed

Liberally in favor of the accused and strictly against the government

Not intended for publication. For classroom instruction purposes only.

Learning Criminal Law is as easy as A-B-C 6

Theories in Criminal Law

1. Classical – the basis of criminal liability is human free will and the purpose of the
penalty is retribution

Figure 4

A prison handcuffs

Note: A photo of prison handcuffs. Adapted from “ Prison handcuffs cartoon illustration”.
https://pngtree.com/freepng/prison-handcuffs-cartoon-illustration_4561725.html. Copyright 2020 by
PNGTREE.com

2. Positivist – crime is essentially a social and natural phenomenon, and as such it

cannot be treated and checked by the application of abstract principles of law and
jurisprudence.

Topic: Felonies

Definitions, Intent, Motive, Mala in se, Mala Prohibita, Criminal Liability, Impossible
crime

Felonies are acts and omissions punishable by law (delitos). It is committed by means of
deceit (dolo) or fault (culpa).

“Nullum crimen, nulla poena sine lege” means that there is no crime where there is no
law punishing it.

Not intended for publication. For classroom instruction purposes only.

Learning Criminal Law is as easy as A-B-C 7

Imprudence- deficiency of action. Involves lack of skill.

People vs. Ramirez, 48 Phil. 206

A hunter seems to have seen an eye of a deer and then shot it, but to his
surprise, it was his companion. He should have exercised necessary diligence to
avoid every undesirable accident. He is guilty of homicide through reckless
imprudence.

Negligence – deficiency of perception. Involves lack of foresight.

Figure 4

A word cloud concept on Negligence

Note: A word cloud concept on Negligence. Adapted from“ DepositPhotos”

https://depositphotos.com/128790852/stock-photo-negligence-word-cloud-concept-8.html.. Copyright 2020
by DepositPhotos, Inc. USA

Intentional felony – committed with intent, the act or omission of the offender is malicious.

Culpable felony – committed through negligence.

People vs. Sara, 55 Phil. 939

The injury caused by the offender to another is unintentional, it simply the
incident of another act performed without malice.

Mala In se – wrongful from their nature mala prohibita - prohibited by statute

- Intent governs - has the law been violated
- RPC - special laws

Not intended for publication. For classroom instruction purposes only.

Learning Criminal Law is as easy as A-B-C 8

Motive - moving power which impels one to action for a definite result.

People vs. Taneo, 58 Phil. 255

Motive is never an essential element of a crime. An extreme moral perversion
may lead a man to commit a crime without real motive but just for the sake of
committing it.

Intent – the purpose to use a particular means to effect such result.

Mistake of fact – misapprehension of fact on the part of the person who caused injury to another.

How criminal liability is incurred:

1. The wrongful act is different from that which intended
2. Impossible crime

Topic: Stages of Execution

Attempted, Frustrated, Consummated, Conspiracy to commit felony, Classification of

Felonies

Consummated – all the elements for the accomplishment of the felony are present.

Figure 5

An Arsonist

Note: An Arsonist. Adapted from “ Beware of fire – Housing and Arsonist with a Lighter stock vector”.
https://www.dreamstime.com/house-image153442642. Copyright 2020 by Dreamstime.

Frustrated – all the acts of execution to produce the felony are performed but the crime is not
accomplished due to causes independent of the will of the offender.

Not intended for publication. For classroom instruction purposes only.

Learning Criminal Law is as easy as A-B-C 9

US vs. Eduave, 36 Phil. 210

The aggressor stated his purpose to kill, thought he had killed, and threw the body
into the bushes. When he gave himself up he declared that he had killed the
complainant. But death did not result, the aggressor was guilty of frustrated murder.

Attempted –the offender commences the commission of the felony directly by overt acts but
does not perform all the acts of execution which should produce the felony as a consequence by
reason of a cause or accident other than his spontaneous desistance.

Figure 5

A photo of a Lion and Gazelle

Note: A photo of a lion and gazelle. Adapted from “ Cat-toons” by lions.owenkl.com.

http://lions.owenkl.com/Cartoons/cartoons.htm. Copyright 2007 by www.stu’s.com

Light felonies punishable only when consummated.

Except in crimes against person or property, light felonies are punishable only when
consummated. In such event, only the principals and accomplices are liable. Accessories are
not.

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.

Not intended for publication. For classroom instruction purposes only.

Learning Criminal Law is as easy as A-B-C 10

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

Classification of felonies according to gravity:

 grave felonies – afflictive
 less grave felonies – correctional
 light felonies – arresto menor

To assess the extent of your knowledge in criminal law, and how it is viewed in
American culture, you may visit
https://www.britannica.com/topic/criminal-law

To learn more on “ Audio lecture on Criminal Law” , you may visit this link:
https://www.youtube.com/watch?v=JkB9lAFBQPU

Now that you had learned about the basic concepts of journalism, do the succeeding learning
activities. If you have questions regarding the activity, you may visit our google class with this
code: 4fah64d. If you had poor connectivity, you are given another week to accomplish the
tasks.

Learning Activities

Activity 1: Identification/Definition/Explanation (Reflective Writing)

Directions: Identify and define the principle involved in the given situation and determine
the persons involved in the crime and the criminal liability of the accused.

Situation 1: The death of a 6 year-old victim was brought about by the rape committed by the accused
when she died by accident when she hit her head on the pavement while struggling.

Situation 2: Boyet carries in his possession a bolo. He was talking to Roy about the delayed relief goods in
their barangay. A heated argument ensued. Then suddenly Roy tried to take the bolo from Boyet. Because
of the struggle, the tip of the bolo struck and pierced the chest of Allan, a bystander.

Situation 3: Ben stole a chicken from his neighbor. Realizing what he did was wrong, he returned the
chicken.

Situation 4: X had poured gasoline under a house of Y and was about to strike a match to set the house on
fire when he was apprehended.

Not intended for publication. For classroom instruction purposes only.

Learning Criminal Law is as easy as A-B-C 11

Scene Persons involved in Principle contain in the scenario Explain the

No. the crime (Identify and define that principle as to the
(victim/accused) principle briefly) criminal liability of
the accused
1

Thank you for completing the task. If you have not completed the task, or
you have difficulty in accomplishing the activity, please send me a message to our
google class or you may ask clarifications through a text message or phone calls
on the contact number included in your course guide.

And now, you are ready for the next learning activity.

Not intended for publication. For classroom instruction purposes only.

Learning Criminal Law is as easy as A-B-C 12

Activity 2. Formulating Scenarios (Building Scenarios)

Directions: Formulate at least 1 scenario/situation reflecting each principle.

Criminal Law in General Situation/Scenario

1. Ex Post facto Law

2. General characteristic of
Criminal Law

3. French Rule

4. Classical Theory

Felonies Situation/Scenario

1. Error in Personae

Not intended for publication. For classroom instruction purposes only.

Learning Criminal Law is as easy as A-B-C 13

2. Aberratio ictus

3. Proximate cause

4. Impossible crime

Stages of Execution Situation/Scenario

1. Consummated Homicide

2. Frustrated Homicide

3. Attempted Homicide

Congratulations! You did a great job! You may now take the assessment. If you have not
completed the task, or you have difficulty in accomplishing the activity, please send me a
message to our google class, or you may ask clarifications through a text message or phone
calls on the contact number included in your course guide.

Not intended for publication. For classroom instruction purposes only.

Learning Criminal Law is as easy as A-B-C 14

Assessment

A. Fill in the blanks

Directions: Read the following statements, and fill in the blanks with word/s which best
complete/s the sentences. See page 77 for the answer key. This material is also uploaded in our
google class under classwork. Use this class code: 4fah64d.

1. Deceit in Latin term is ______________.

2. The Revised Penal Code took effect on ______________________.
3. A ____________________characteristic in criminal law which binds all persons who live or
sojourn in Philippine territory.
4. Mistake in the blow means __________________________.
5. Slight penetration of the male organ to the female organ is _____________________ rape.
6. ___________________________ is limitation of the lawmaking body enacting penal law that
makes a criminal act done before the passage of the law.
7. A criminal thought or act no matter how immoral is not a felony because it is only
_________________.
8. A manner in committing a crime where it is consummated in one instance and there is no
attempt is called_______________________.
9. _______________ felonies are felonies which the law punishes with correctional penalties.
10. __________________ are generally acts made criminal by special laws.

Thank you for answering the test. If you got a score below 5, go to page click this link
https://lawphilreviewer.wordpress.com/tag/criminal-law-book-1-articles-1-10/ for further
readings. If you have difficulty in accessing the material online, please contact me
through SMS or phone calls using the number indicated in your course guide.

And now, you are ready to level up your performance. Do the succeeding
assessment.

B. Identification (One Paragraph Summary)

Directions: Clip one news crime article related from what you learn from this unit from
a daily newspaper. Find and identify the 5 W’s of criminal investigation and one H.
Analyze the principle involved and write on the space provided. Use the space below
for your writing. Submit your work in the pigeon boxes which are provided in your
department/college, or to google class on or before as reflected in your study
schedule. See Rubric in One Paragraph Summary on page 75.

Not intended for publication. For classroom instruction purposes only.

Learning Criminal Law is as easy as A-B-C 15

____________________________________________
Title of the Article

______________________________
Name of the Writer/Author

_____________________
Date of Publication

____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
Crime/s Involved: _____________________________________________________
____________________________________________________________________
Principle/s Involved:____________________________________________________
____________________________________________________________________

Congratulations! You did a great job! If you have not completed the task, or
you have difficulty in accomplishing the activity, please send me a message to our
google class, or you may ask clarifications through a text message or phone calls on
the contact number included in your course guide. You may write your insights or
thoughts about the activity on the space provided found on the next page.

You had just completed this unit. You are now ready to take Unit 2.

Not intended for publication. For classroom instruction purposes only.

Learning Criminal Law is as easy as A-B-C 16

Unit 2 – Justifying Circumstances and Exempting Circumstances

Justifying Circumstances make the act of persons to be in accordance with law. That such
person is deemed not to have transgressed the law and that such person has no civil
liability and is borne by the persons benefitted by the act

Exempting circumstances are situations where there is wanting in the agent of the crime
any of the conditions which make the act voluntary or negligent. That such exemption
from punishment is based on the complete absence of intelligence, freedom of action, or
intent. That such person acts without intelligence, freedom of action or intent does not
act with malice.

At the end of this unit, you will be able to:

• Identify and define the principle contain in a given situation;

• Determine the persons involved in the crime and the criminal liability of the
accused; and
• Formulate situations reflecting the different principles.

Pretest

Multiple Choice
Directions: Choose the correct answer and write the corresponding letter on the space provided
before each item.

___1. When the aggressor flees, unlawful aggression no longer exists.

a. True b. False c. Maybe d. None
___2. One who voluntarily joined a fight cannot claim self-defense.
a. Yes b. No c. Maybe d. None
___3. The age of full responsibility.
a. 18 to70 b. 70 above c. Below 9 d. 9 to 15
___4. Instigation is -
a. Absolutory cause b. Proximate cause c. Efficient cause d. Intervening cause
___5. Under 9 years of age has -
a. Absolute irresponsibility b. Mitigated responsibility c. Full responsibility

Not intended for publication. For classroom instruction purposes only.

Learning Criminal Law is as easy as A-B-C 17

d. Conditional responsibility
___6. A mother who at the time of childbirth was overcome by severe dizziness and left the child
in the bushes where the said child died. Rule on the mother’s criminal liability.
a. insuperable cause b. accident c. irresistible force d. minority
___7. Tikoy and Banjo were walking. They met Arjo who had a grudge against Tikoy. Tikoy
attacked Arjo, but sensing Tikoy was too big for him, Arjo instead counter attacked Banjo who
was injured. Rule.
a. Arjo is liable for Banjo’s injuries b. no liability c. Tikoy is liable d. both Tikoy and Arjo
were liable
___8. Relatives because of marriage is called –
a. consanguinity b. common law marriage c. affinity d. civil degree
___9. The exempting circumstance of minority is based on the complete absence of –
a. intelligence b. intent c. freedom d. motive
___10. If there is no unlawful aggression, then there can be no self-defense.
a. there must be an assault b. there should be an attacked c. there is nothing to prevent
or repel d. all of the choices

Thank you for answering the test. Please see page 76 for the key answer.

If you got a score below 5, click this link https://lawphilreviewer.wordpress.com/tag/criminal-law-

book-1-articles-1-10/ for further readings.

The next section is the content of this unit. It contains vital information of the topics based on the
learning outcomes. Please read the content.

Not intended for publication. For classroom instruction purposes only.

Learning Criminal Law is as easy as A-B-C 18

Content

Topic: Justifying Circumstances

Self-defense, defense of relatives, defense of strangers, avoidance of greater evil or

injury, Fulfillment of duty or lawful exercise of right or office, Obedience to order

I. Self-defense
a. Unlawful aggression
 Equivalent to assault or at least threatened assault of an immediate and
imminent kind
b. Reasonable necessity of the means employed to prevent or repel it
 The reasonableness of the necessity to take a course of action and the
reasonableness of the necessity of the means employed depend upon the
circumstances of the case.
c. Lack of sufficient provocation on the part of the person defending himself.
 The one defending himself must not have given cause for the aggression by
his unjust conduct or by inciting or provoking the assailant.

Figure 6

A photo of a woman pictogram

Note: A photo of a woman pictogram. Adapted from “Woman Female Girl self-defense stick figure
Pictogram” by Stanley Bidi. https://www.pinterest.ph/pin/475200198158679585/. Copyright 123rf.com

Reason why penal law makes self-defense lawful

It is quite impossible for the State in all cases to prevent aggression upon its citizens.

Peril to one’s life

1. Actual – danger is present

Not intended for publication. For classroom instruction purposes only.

Learning Criminal Law is as easy as A-B-C 19

2. Imminent – on the point of happening

Retaliation is not self-defense.

Unlawful aggression must come from the person who was attacked by the accused.

When the aggressor flees, unlawful aggression no longer exists.

How to determine the unlawful aggressor:

1. The person who was deeply offended by the insult
2. The one who struck the first blow

The belief of the accused may be considered in determining unlawful aggression.

Perfect equality between the weapon used by the one defending himself and that of the
aggressor is not required.

II. Defense of relatives

A and B the same requirements as self-defense. Letter C is in case the provocation was
given by the person attacked, the one making a defense had no part therein.

Relatives that can be defended:

1. Spouse
2. Ascendants
3. Descendants
4. Legitimate, natural, adopted bro/sis or relatives by affinity
5. Consanguinity within the fourth civil degree

US vs. Ammalun, 51 O.G. 6250

The accused, heard his wife shouting for help, rushed to her. Once inside the house, he
saw the deceased on top of his wife. He drew his bolo and hacked the deceased at the
base of his neck when the latter was forcibly abusing his wife.

III. Defense of Strangers

A and B the same requirements as self-defense. Letter C is the person defending be not
induced by revenge, resentment or other evil motive.

People vs. Valdez, 58 Phil. 31

A heard screams and cries for help. When A responded, he saw B attacking his
(B’s) wife with a dagger. A approached B and struggled for the possession of the
weapon, in the course of which A inflicted wounds on B.

Not intended for publication. For classroom instruction purposes only.

Learning Criminal Law is as easy as A-B-C 20

Who are strangers? Those who are not included in the enumeration of relatives.

IV. Avoidance of greater evil or injury

Requirements:
1. Evil sought to be avoided actually exists
2. 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

Figure 7

A photo of the word Jettison

Note: A photo of the word Jettison. Adapted from “Unit 4: Week One online Practice by Doreen Vivien
Barton. https://slideplayer.com/slide/15082431/. Copyright 2020 slideplayer.com INC

V. Fulfillment of duty or lawful exercise of right or office

Figure 8

A photo of a Police Officer chasing a thief

Note: A photo of Police Officer chasing a thief. Adapted from “FAVPNG.com, style stencil” by Yranda.
https://favpng.com/png_view/style-stencil-police-cartoon-png/fatYC6TQ.Copyright 2020 FAVPNG.com 006

Not intended for publication. For classroom instruction purposes only.

Learning Criminal Law is as easy as A-B-C 21

People vs. Oanis. The police officer (accused) exceeded in the fulfillment of his duty
when he killed a sleeping person whom they believed to be the suspect.

People vs. Delima. The police demanded surrender on the suspect, instead the suspect
threw a lance at him. Imposing his authority, the police shot and killing him.Justified.

VI. Obedience to order

The order must be lawful.

An executioner who executes a convict 1 day before the date mandated by law is liable.
There is no lawful order to obey yet.

Topic: Exempting Circumstances

Insanity or imbecility, Under 9 years of age, over 9 and under 15, Accident, Irresistible
Force, Uncontrollable fear, Insuperable or unlawful cause

I. Imbecile or insanity

 To constitute insanity, there must be complete deprivation of intelligence or

that there be a total deprivation of the freedom of the will.
 Insanity refers to the time preceding the act or at the very moment of
execution.
 Insanity must be proven as sanity is presumed.

Figure 9

A photo on mental illness

Note: A photo on mental illness. Adapted from “Justice for People with mental illness in Schools” by
Morgan Hull. https://www.change.org/p/james-justice-for-people-with-mental-illness-in-schools. Copyright
2020 Change.org, PBC Certified B Corporation

Not intended for publication. For classroom instruction purposes only.

Learning Criminal Law is as easy as A-B-C 22

II and III. Under 9 years of age over 9 and under 15

Periods of a man’s life:

a. Absolute irresponsibility – under 9

Figure 10

A photo of a 7 to 9 years old boy and girl

Note: A photo of a boy and girl school age kid sport activity. Adapted from “Adobe Stock file no.
287167536” by Andrew_Rybalko. https://stock.adobe.com/ph/images/boy-girl-child-7-to-9-years-old-
school-age-kid-sport-activity-happy-young-athletes-playing-football-and-basketball-game-vector-flat-style-
cartoon-illustration-isolated-on-white-background/287167536. Copyright 2020 Adobestock

b. Conditional responsibility – 9-15

Figure 10

A photo of a 14 years old child development milestones

Note: A photo of a 14 years old child development milestones. Adapted from “Verywell family” by Amy
Monn. https://www.verywellfamily.com/14-year-old-developmental-milestones-2609026.

Not intended for publication. For classroom instruction purposes only.

Learning Criminal Law is as easy as A-B-C 23

Copyright 2020 About Inc. (DotDash)

c. Full responsibility – 18 to 70

Figure 11

A photo of a Group of Adults

Note: A photo of a group of adults. Adapted from “Your Dictionary definition and usage example”.
https://www.yourdictionary.com/adult. Copyright 2020 LovetoKnow, Corp. by iStockphoto

d. Mitigated responsibility – over 9 and under 15, with discernment; 15 or

over but less than 18; over 70

Figure 12

A photo of an old couple

Not intended for publication. For classroom instruction purposes only.

Learning Criminal Law is as easy as A-B-C 24

Note: A photo of an old couple. Adapted from “Old Couple PNG, old man and woman, Transparent”.
https://www.pngfind.com/mpng/hxJwwhx_old-couple-png-old-man-and-woman-png/. Copyright 2019
PNGFind.com

Discernment – manner of committing the crime and conduct of the offender.

IV. Accident
- It is something that happens outside the sway of our will and
beyond the bounds of foreseeable consequences

Figure 12

A photo of an Accident

Note: A photo of an accident. Adapted from “Accident Images”. https://www.freepik.com/free-photos-

vectors/accident. Copyright 2010Freepik.com S.L.

Elements:
1. Lawful act
2. Due care
3. Injury to another by accident
4. Without fault or intention of causing it

V. Irresistible Force

This presupposes that a person is compelled by means of force or violence to

commit a crime.

US vs. Caballeros, et. Al., 4 Phil. 350

A, who was not a member of the group, was compelled to bury the bodies
murdered by a group of armed men, striking him with the butts of their
guns. A acted under the compulsion of an irresistible force.

Not intended for publication. For classroom instruction purposes only.

Learning Criminal Law is as easy as A-B-C 25

VI. Uncontrollable fear

This presupposes that a person is compelled to commit a crime by means of intimidation

or threat by another.

Figure 12

A photo of Control and Manipulation

Note: A photo of Control and Manipulation. Adapted from “ Control and Manipulation vector clipart
illustration”. http://search.coolclips.com/m/vector/vc092581/Control-and-Manipulation/. Copyright
coolclips.com Ottawa, Ontario, Canada

VII. Insuperable or unlawful cause

A duty is imposed but which the offender fails to perform. If the failure is due to
insuperable or lawful cause, the offender is exempt from criminal liability. If not, he
violates the law.

US vs.Vicentillo, 9 Phil.118
The municipal president detained the offended party for three days
because to take him to the nearest justice of the peace required a journey for 3
days by boat as there was no other means of transportation.

Instigation – the law officer conceptualizes the commission of the crime and
suggests it to the accused who adopts the idea and executes it. It is exempting by
reason of public policy.

Not intended for publication. For classroom instruction purposes only.

Learning Criminal Law is as easy as A-B-C 26

Entrapment – the criminal idea originates from the mind of the accused. It is neither mitigating
nor exempting

Figure 13

A photo of Arrested Persons sitting on the ground

Note: A photo of arrested persons sitting on the ground. Adapted from “ 3 cops fall in joint PDEA-Police
Entrapment Operation” by Unson 2019. http://www.ndbcnews.com.ph/news/3-cops-fall-joint-pdea-police-
entrapment-operation. Copyright 2014 NDBC News

To assess the extent of your knowledge in criminal law, and how it is viewed
in American culture, you may visit
https://www.britannica.com/topic/criminal-law

To learn more on “ Audio lecture on Criminal Law” , you may visit this
link: https://www.youtube.com/watch?v=JkB9lAFBQPU

Now that you had learned about the basic concepts of Justifying/Mitigating circumstances, do
the succeeding learning activities. If you have questions regarding the activity, you may visit our
google class with this code: 4fah64d. If you had poor connectivity, you are given another week
to accomplish the tasks.

Learning Activities

Activity 1: Identification/Definition/Explanation (Reflective Writing)

Directions: Identify and define the principle involved in the given situation and determine the
persons involved in the crime and the criminal liability of the accused. Submit your work in the

Not intended for publication. For classroom instruction purposes only.

Learning Criminal Law is as easy as A-B-C 27

pigeon boxes which are provided in your department/college, or to google class on or before the
date as reflected in in your study schedule. See Rubric in Reflective Writing on page 72. You
may access the rubric in the classwork.

Situation 1: Pedro sees Jose rushing rapidly toward him with a gun in his hand and violent menaces
against his life as he advances. Pedro who has a knife in his hand stabbed Jose at the instant the gun is
discharged of which Jose died. It turns out it is a water toy gun.

Situation 2: Jack threatened to burn the house of Diego should the latter not kill his father and Diego
killed his father for fear that Jack might burn his (Diego) house.

Situation 3: A truck driven by Harry was passing a slow moving road roller when a boy about 10 years of
age jumped from the step of the side board of the road roller directly in front of the truck and was
knocked down, ran over and instantly killed.

Situation 4: A heavy laden ship met a storm. In order to save the passengers, cargoes, the crew and the
ship itself, the captain ordered the cargoes thrown overboard or jettison.

Scene Persons involved in Circumstance present in the Explain the

No. the crime scenario principle as to the
(victim/accused) (Identify the circumstance) criminal liability of
the accused
1

Not intended for publication. For classroom instruction purposes only.

Learning Criminal Law is as easy as A-B-C 28

Thank you for completing the task. If you have not completed the task, or you have
difficulty in accomplishing the activity, please send me a message to our google
class or you may ask clarifications through a text message or phone calls on the
contact number included in your course guide.

And now, you are ready for the next learning activity.

Activity 2. Formulating Scenarios (Building Scenarios)

Directions: Formulate at least one scenario/situation reflecting each principle. Submit your work
in the pigeon boxes which are provided in your department/college and turn in the link to the
google class on or before the date as reflected in on your study schedule. See Rubric in Building
Scenario on page 74 .

Justifying Circumstances Situation/Scenario

1. Self-defense

2. Defense of a relative

3. State of necessity

4. Fulfilment of duty

Exempting Circumstances Situation/Scenario

1. Insanity

Not intended for publication. For classroom instruction purposes only.

Learning Criminal Law is as easy as A-B-C 29

2. Over 9 and under 15 years

old without discernment

3. Accident

4. Any person under the

compulsion of an irresistible
force

Congratulations! You did a great job! You may now take the assessment. If you have not
completed the task, or you have difficulty in accomplishing the activity, please send me a
message to our google class, or you may ask clarifications through a text message or phone
calls on the contact number included in your course guide.

Assessment

A. Fill in the blanks

Directions: Read the following statements, and fill in the blanks with word/s which best
complete/s the sentences. See page 77 for the answer key. This material is also uploaded in our
google class under classwork. Use this class code: 4fah64d

1. ________________________ is equivalent to assault.

2. ______________________ is the mental capacity of a minor between 9 and 15 to fully
appreciate the consequences of his unlawful act.
3. “An act done by me against my will is not my ____”.
4. The _________must prove that the accused was insane at the time of the commission
of the crime.
5. _____________________ refers to blood relatives.
6. Retaliation is not __________________.
7. _____________________ is something that happens outside the sway of our will.
8. The offender in irresistible force uses ____________________.
9. The danger is on the point of happening is called______________________.
10. Insulting words could not constitute _______________________.

Thank you for answering the test. If you got a score below 5, click this link
https://www.youtube.com/watch?v=piyyGxX9ibY for further lectures. If you have difficulty in
accessing the material online, please contact me through SMS or phone calls using the number
indicated in your course guide.

And now, you are ready to level up your performance. Do the succeeding
assessment.

Not intended for publication. For classroom instruction purposes only.

Learning Criminal Law is as easy as A-B-C 30

B. Identification/Analysis (One Paragraph Summary)

Directions: Clip one news crime article related from what you learn from this unit from a daily
newspaper. Find and identify the 5 W’s of criminal investigation and one H. Analyze the principle
involved and write on the space provided. Use the space below for your writing. Submit your
work in the pigeon boxes which are provided in your department/college, or to google class on or
before as reflected in your study schedule. See Rubric in One Paragraph Summary on page 75.

____________________________________________
Title of the Article

______________________________
Name of the Writer/Author

_____________________
Date of Publication

_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
Crime/s Involved: ______________________________________________________________
_____________________________________________________________________________
Principle/s Involved:_____________________________________________________________
_____________________________________________________________________________

Congratulations! You did a great job! If you have not completed the task, or you have
difficulty in accomplishing the activity, please send me a message to our google class,
or you may ask clarifications through a text message or phone calls on the contact
number included in your course guide. You may write your insights or thoughts about
the activity on the space provided found on the next page.

You had just completed this unit. You are now ready to take Unit 3.

Not intended for publication. For classroom instruction purposes only.

Learning Criminal Law is as easy as A-B-C 31

Unit 3 – Mitigating Circumstances and Aggravating Circumstances

Mitigating Circumstances if present in the commission of the crime, do not entirely free
the actor from criminal liability. That such circumstance serves only to reduce the
penalty and are based on the diminution of either freedom of action, intelligence or
intent.

Aggravating circumstances if attendant in the commission of the crime, serve to increase

the penalty; b) that such penalty, however, do not exceed the maximum of the penalty
provided by law for the offense; c) that such circumstance are based on the greater
perversity of the
At the end offender
of this manifested
unit, you in the
will be able to: commission of the felony; d) it is shown by
the motivating factor itself, the place, ways and means employed, time, personal
circumstances of the
• Identify andoffender or principle
define the offended contain
party. in a given situation;
\

• Determine the persons involved in the crime and the criminal liability of the
accused; and
• Formulate situations reflecting the different principles.

Pretest

Multiple Choice
Directions: Choose the correct answer and write the corresponding letter on the space
provided before each item.

___1. Mitigating circumstances serves to ________the penalty.

a. Reduce b. Increase c. Exempts d. Alternate
___2. 18 years or over is -
a. Full criminal responsibility b. Exempting c. Mitigating d. Privileged
___3. Lack of intention to kill is not mitigating in crimes against persons.
a. Yes b. No c. Maybe d. None
___4. Provocation must originate from the offended party.
a. True b. False c. Maybe d. None
___5. Extreme poverty is analogous to -
a. State of necessity b. State of the nation c. State of the province address
d. Stateless
___6. Sex is not aggravating in this crime.

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Learning Criminal Law is as easy as A-B-C 32

a. Parricide b. Murder c. Abortion d. Robbery

___7. A circumstance that changes the nature of the crime.
a. Qualifying b. Inherent c. Specific d. Generic
___8. The triggerman fired the shot outside the house but hit the victim inside. Is dwelling
aggravating?
a. Yes b. No c. Maybe d. None
___9. A cemetery is a place dedicated to religious worship where the crime happened.
a. No b. Maybe c. Yes d. None
___10. It is a place where there are no houses at all.
a. Uninhabited place b. Inhabited place c. Dwelling d. none

Thank you for answering the test. Please see page 77 for the key answer.

If you got a score below 5, click this link https://www.youtube.com/watch?v=piyyGxX9ibY for

further lectures.
The next section is the content of this unit. It contains vital information of the
topics based on the learning outcomes. Please read the content.

Content

Topic: Mitigating Circumstances

Incomplete self-defense, 9 under, Over 9 but under 15, No intention to commit so

grave a wrong, Provocation or Threat, Vindication, Passion or obfuscation, Voluntary
surrender, plea of guilt, Offender is deaf, dumb, blind and physical defect, Illness that
diminishes exercise of will power, Similar or analogous matter

Ordinary Mitigating (OM) – Paragraphs 1 to 10 of Art. 13 where the penalty is reduced by

a period assuming there is only one and no aggravating circumstances

Privileged mitigating (PM) – 9 to 15, with discernment, 2 degrees lower; 15 to 18, 1

degree lower

OM can be offset by aggravating circumstances, while PM cannot.

I. Incomplete self-defense – unlawful aggression is present but the other two 2 elements
are missing.

People vs. Castańeda, 60 Phil. 604

The deceased husband was chasing his wife whom he had threatened. A son of the
deceased struck and hit the latter with a piece of wood which caused a fracture on the
skull, causing death. There was no reasonable necessity of the means employed to
repel the unlawful aggression, the deceased being unarmed.

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Learning Criminal Law is as easy as A-B-C 33

II. Age ranges entitled to mitigation

 9 under
 Over 9 but under 15, with discernment
 Over 15 but under 18
 Over 70

III. No intention to commit so grave a wrong – intention being an internal act is to be

judged in the light of:
 Proportion of the means employed by him to the evil produced by the
offender’s act
 The blow was/ Not aimed on the vital part of the body
 The manner of the blow was inflicted.

People vs. Rabao, 67 Phil. 904

The husband who was quarreling with his wife punched her in the abdomen,
causing the rapture of her spleen, from which she died.

IV. Provocation or Threat

 any unjust or improper conduct or act of the offended party, capable of exciting,
inciting, or irritating anyone
 Sufficient provocation must originate from the offended and must precede
offender’s act.
 It must be immediate to the commission of the crime.

Figure 14

A photo of a two persons arguing

Note: A photo of two persons arguing. Adapted from “ Disarming your Buttons: How not to get Provoked”
by Seltzer 2009. https://www.psychologytoday.com/us/blog/evolution-the-self/200910/disarming-your-
buttons-how-not-get-provoked-pt-1-4. Copyright 2020 Psychology Today Sussex Publishers LL C

Not intended for publication. For classroom instruction purposes only.

Learning Criminal Law is as easy as A-B-C 34

V. Vindication

Vindication (V) distinguished from provocation (P)

 P is made directly to the offender; V is to offender’s kin mentioned
 P, the offended must have done a grave offense; V, the offense need not
be grave.
 P must immediately precede the act, V a lapse of interval of time.

People vs. Pongol, CA, 66 OG 5617

Where the accused felt deeply embarrassed by the accusation of the victim that
the former stole the latter’s rooster, and the encounter took place in about half an
hour’s time, the accused is entitled to this circumstance.

VI. Passion or obfuscation

Why passion or obfuscation is mitigating?

A cause which naturally produces in a person a powerful excitement, loses his reason
and self-control, thereby diminishes his will power.

People vs. Ancheta,et al., CA 39 OG 1288

The owner who, upon seeing the person who stole his carabao, shoots the
supposed thief, is considered an impulse so powerful as to produced passion.

Obfuscation when relationship is illegitimate is not mitigating.

VII. Voluntary surrender, plea of guilt

 If arrested, not mitigating.

 If no warrant, or issued but not yet served, VS is mitigating.

 Surrender under conditions imposed is not voluntary. Must be spontaneous

and not forced by circumstances.

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Learning Criminal Law is as easy as A-B-C 35

 Plea must be made in open court.

VIII. Offender is deaf, dumb, blind and physical defect.

Defect must restrict means of action, defense or communication with others.

People vs. Nazario, 97 Phil. 990

This circumstance was appreciated to the accused who committed robbery in
inhabited house who is deaf and dumb.

IX. Illness that diminishes exercise of will power

If will power is completely lost, it is exempting.

People vs. Bonoan, 64 Phil. 95

A person becomes affected either by dementia praecox or by manic depressive
psychosis, during the period of excitement, has no control whatever of his acts.

X. Similar or analogous matter

Jealousy is similar to passion or obfuscation.

The same holds true to an outraged creditor when debtor absconds and refuses to pay
(People vs. Merenillo, CA, 36 OG 2283).

Topic: Aggravating Circumstances

Taking advantage of position, Insult to public authorities, Disregard of rank, age, sex
and committed in dwelling of the offended party, Abuse of Confidence/obvious
ungratefulness, Crime committed in the Palace of the Chief Executive or in his
presence, Nighttime, uninhabited place, by a band all facilitating the commission of
the felony, on occasion of calamity, With the aid of armed men or persons who insure
impunity, Recidivism, Reiteracion/ Habituality, Price, reward or promise, Crime
committed by means of inundation, fire, poison …involving great waste and ruin,
Evident Premeditation, Craft, fraud or disguise, Treachery, ignominy, crimes
committed after unlawful entry, As a means to commit a crime, a wall, roof, floor,
door, or window be broken, With the aid of persons under 15, by means of motor
vehicles, cruelty.

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Learning Criminal Law is as easy as A-B-C 36

Kinds:
 Generic (GA) – applicable to all crimes, i.e., dwelling, recidivism
 Specific – applies to specific crimes, i.e., ignominy
 Qualifying (QA) – changes the nature of the crime, i.e., treachery
 Inherent – necessarily accompanies the crime, i.e., evident premeditation

QA vs GA:
 GA increases penalty by periods; QA increases the penalty by degrees
 GA can be offset by OM; QA cannot be offset by OM
 QA must be alleged in the information; only GA if not alleged

Taking advantage of position

Offender must be a public officer.

Advantage comes in the form of using influence, prestige or ascendancy. The position
must facilitate the commission of the offense

Insult to public authorities

 Public authority includes mayor, governor, barangay chairman

 Knowledge that the victim is a public authority is necessary.

Disregard of rank, age, sex and committed in dwelling of the offended party

 Rank. There must be disparity in social standing. Ex. A layman kills a judge.

 Age. When the offended party is the father of the offender.

 Sex. Specific insult or disrespect must be shown in order to be aggravating. Not

aggravating if womanhood is an indispensable element of crime, e.g., rape,
abduction, seduction

 Dwelling - building or structure, exclusively used for rest and comfort. A stall in a
market is not dwelling

Killing took place outside the dwelling but began in the house, dwelling is
aggravating.
If the offended has two houses, crime committed in either is aggravating.
If victim is raped in a boarding house, it is aggravating.
Not aggravating if both offenders and offended are occupants of the same
house.

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Learning Criminal Law is as easy as A-B-C 37

Figure 15

A photo of a crime scene investigator

Note: A photo of a crime scene investigator. Adapted from “ Police can take the Crime Scene
back to the station with Hololens” by Microsoft Reporter Microsoft News Centre UK 2017.
https://news.microsoft.com/en-gb/2017/10/10/with-hololens-police-can-now-take-the-crime-
scene-back-to-the-station/. Copyright Microsoft 2020

Abuse of Confidence/obvious ungratefulness

 Confidence/trust must facilitate the commission of the crime.

 It is abuse, not betrayal of confidence, that is aggravating.

Crime committed in the Palace of the Chief Executive or in his presence.

Basis: lack of respect for the place indicates the attendance of this circumstance

A place dedicated for worship and cemeteries are not within the ambit of this paragraph.

Nighttime, uninhabited place, by a band all facilitating the commission of the felony

When aggravating:
 Facilitated the commission of the crime;
 Especially sought for by the offender;
 The offender took advantage thereof.

Nighttime- period of darkness beginning at end of dusk and ending at dawn

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Learning Criminal Law is as easy as A-B-C 38

Figure 16

A photo of a house during nighttime

Note: An illustration of a house during nighttime. Adapted from “ The House silhouette in
Starry Night vecteezy.png” by Benoit Chartron. https://www.vecteezy.com/vector-art/263093-
house-silhouette-in-starry-night. Copyright 2020 Eezy Inc.

Uninhabited place – n - o houses at all

c – onsiderable distance from town
s – cattered from each other

Figure 17

An illustration of uninhabited Island

Note: An illustration of uninhabited island. Adapted from “ Uninhabited island” by

en.clipartsFree.de. https://en.clipartsfree.de/clipart-pictures-gallery/travel-pictures-
cliparts/uninhabited-island-picture%2C-clipart%2C-illustration%2C-comic%2C-cartoon-
8178.html. Copyright www.clipartsFree.de

Not intended for publication. For classroom instruction purposes only.

Learning Criminal Law is as easy as A-B-C 39

Band – more than three armed malefactors shall have acted together in the commission
of an offense

Crimes committed on occasion of calamity

 Calamity refers to conflagration, shipwreck, earthquake or epidemic.

 While others are busy extending hands of mercy, the offender takes advantage of
the calamity

With the aid of armed men or persons who insure impunity

 Actual aid of armed men is not essential. It is sufficient if offender relied on their aid.

Recidivism
- Is one who, at the time of his trial for one crime, shall have been
previously convicted by final judgment of another crime embraced
in the same title of this Code

Figure 18

An illustration of a prisoner accompanied by a jail officer in Prison

Note: An illustration of a prisoner accompanied by a jail officer in Prison. Adapted from “

Repeat Offender” search ID becn 184 by Bob Eckstein.
https://www.cartoonstock.com/directory/r/repeat_offenders.asp. Copyright cartoonstock Ltd.
2020

Not intended for publication. For classroom instruction purposes only.

Learning Criminal Law is as easy as A-B-C 40

Reiteracion/ Habituality

Requisites:
 The accused is on trial for an offense
 That he previously served sentence for another offense to which the law attaches an
equal or greater penalty, or for two or more crimes to which it attaches lighter penalty
than that for the new offense
 That he is convicted of the new offense.

Price, reward or promise

This is based on the greater perversity of the offender, as shown by the motivating power
itself.

US vs. Parro, 36 Phil. 923

It affects not only the person who received the price or the reward, but also the person
who gave it.

Crime committed by means of inundation, fire, poison …involving great waste and ruin.

 The basis has reference to means and ways employed.

 Example: The offender had intent to kill the victim, burned the house where the latter
was, and the victim died as a consequence, the crime is murder, qualified by “means
of fire”.

Evident Premeditation

This implies a deliberate planning of the act before executing it.

Requisites:
 Time when offender determined to commit the crime
 Act manifestly indicating that the culprit has clung to his determination
 Sufficient lapse of time between determination and execution

People vs. Carillo, 77 Phil. 579

Evidence showed that the accused meditated and reflected on his intention between
the time when the crime was conceived by him and the time it was actually
perpetrated.

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Learning Criminal Law is as easy as A-B-C 41

Craft, fraud or disguise

 Craft – involves intellectual trickery and cunning on the part of the accused
 Fraud – insidious words or machinations
 Disguise – resorting to any device to conceal identity

Figure 19

An illustration of a person in Disguise

Note: An illustration of a Person in disguise. Adapted from “Master of Disguise Moustache ”

by R. Pierson Veronica. https://www.premioscodespa.com/. Copyright www.yalasarat.com
dmcac

Superior strength, means to weaken the defense

 Notorious disparity in terms of physical condition and arms employed between the
victim and the aggressor (People vs. Cabiling, 74 CSRA 285)

 Use purposely excessive force out of proportion to the means of defense available to
the person attacked.

 Putting a cloak over the head, casts dirt on the victim’s eyes and intoxicating the
same weakens the defense of a victim.

Treachery

 crimes against persons

 employing means, methods or forms in the execution thereof
 tends directly and specially to ensure its execution without risk

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Learning Criminal Law is as easy as A-B-C 42

Figure 20

An illustration of a person offering a flower but carries a knife at his back

Note: An illustration of a Person offering a flower but carries a knife at his back. Adapted from
“Treachery” by Medi Belortaja 2009. https://www.toonpool.com/cartoons/treachery_66789.
Copyright 2020 toonpool.com gmbh

Requisites of treachery:
 The victim was not in a position to defend himself
 The offender consciously adopted the particular means

When the accused gave the deceased a chance to prepare, there was no treachery.

Attack from behind is not always alevosia.

Ignominy

 A moral order which adds disgrace and obloquy to the material injury caused
by the crime

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Learning Criminal Law is as easy as A-B-C 43

Figure 20

An illustration of Ignominy

Note: An illustration of Ignominy. Adapted from “Rhodesia PSYOP 1965-1980” by SGM Herb
Friedman (Ret.) 2006. http://www.psywarrior.com/RhodesiaPSYOP.html. Copyright 2020

Crime committed after an unlawful entry

 Meaning of unlawful entry. There is unlawful entry when entrance is effected by a way
not intended for entrance.

People vs. Barruga, 61 Phil. 318

Accused gained access to the dwelling by climbing through the window, and once
inside murdered certain persons. It is aggravated by dwelling and unlawful entry.

 To effect entrance, not for escape.

 Unlawful entry must be a means to effect entrance and not for escape.

As a means to commit a crime, a wall, roof, floor, door, or window be broken

 The Supreme Court called it “aggravating circumstance of forcible entry”

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Learning Criminal Law is as easy as A-B-C 44

With the aid of persons under 15, by means of motor vehicles

 The law tends to repress, the frequent practice resorted by professional criminals
to avail themselves of minors taking advantage of their irresponsibility.

 The motor vehicle must be purposely used to facilitate and insure the commission
of the crime.

Cruelty

 Physical suffering of victim purposely intended by offender

 No cruelty when other wrong was done after victim was dead.

Figure 21

An illustration of water torture

Note: An illustration of water torture. Adapted from “US: Ex-detainees describe unreported CIA
torture” by Laura Pitter 2016. https://www.hrw.org/news/2016/10/03/us-ex-detainees-describe-
unreported-cia-torture. Copyright 2020 Human Rights Watch

Not intended for publication. For classroom instruction purposes only.

Learning Criminal Law is as easy as A-B-C 45

To assess the extent of your knowledge in criminal law, and how it is viewed in
American culture, turn to page or you
may visit https://www.britannica.com/topic/criminal-law

To learn more on “ Audio lecture on Criminal Law” , you may visit this
link: https://www.youtube.com/watch?v=JkB9lAFBQPU

Now that you had learned about the basic concepts of criminal law, do the succeeding learning
activities. If you have questions regarding the activity, you may visit our google class with this
code: 4fah64d. If you had poor connectivity, you are given another week to accomplish the
tasks.

Learning Activities

Activity 1: Identification/Definition/Explanation (Reflective Writing)

Directions: Identify and define the principle involved in the given situation and determine
the persons involved in the crime and the criminal liability of the accused. Submit your work in
the pigeon boxes which are provided in your department/college, or to google class on or before
the date as reflected in in your study schedule. See Rubric in Reflective Writing on page 72.

Situation 1: A person, after committing the offense and having opportunity to escape, voluntarily waited for the
police and voluntarily gave himself up.

Situation 2: Jingle, an eight year old boy committed the crime during nighttime to avoid detection and took the
loot to another town to avoid discovery.

Situation 3: Peter was a foreman in charge of preservation of order for which he provide himself a nightstick.
Tinio, one of the laborers forced his way into the file. The accused ordered him out but he persisted, and the
accused gave him a blow with the nightstick on the head.

Situation 4: After a brief exchange of strong language, the accused pulled his revolver and fired at the deceased
three times successively, while the latter was absolutely defenseless, as he had no weapon of any kind
whatsoever in his hands at that time.

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Learning Criminal Law is as easy as A-B-C 46

Scene Persons involved in Circumstance present in the Explain the

No. the crime scenario principle as to the
(victim/accused) (Identify the circumstance) criminal liability of
the accused
1

Thank you for completing the task. If you have not completed the task, or
you have difficulty in accomplishing the activity, please send me a message to our
google class or you may ask clarifications through a text message or phone calls
on the contact number included in your course guide.

And now, you are ready for the next learning activity.

Activity 2. Formulating Scenarios (Building Scenarios)

Directions: Formulate at least one scenario/situation reflecting each principle. Submit
your work in the pigeon boxes which are provided in your department/college and turn in the link
to the google class on or before the date as reflected in on your study schedule. See Rubric in
Building Scenario on page 74.

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Learning Criminal Law is as easy as A-B-C 47

Mitigating Circumstances Situation/Scenario

1. Voluntary Surrender

2. Over 70 year of age

3. Passion or obfuscation

4. Any analogous matter

Aggravating Situation/Scenario
Circumstances

1. Dwelling

2. Treachery

3. Recidivism

4. Ignominy

Congratulations! You did a great job! You may now take the assessment. If you have not
completed the task, or you have difficulty in accomplishing the activity, please send me a
message to our google class, or you may ask clarifications through a text message or phone
calls on the contact number included in your course guide.

Not intended for publication. For classroom instruction purposes only.

Learning Criminal Law is as easy as A-B-C 48

Assessment

A. Fill in the blanks

Directions: Read the following statements, and fill in the blanks with word/s which best
complete/s the sentences. See page 77 for the answer key. Use this class code: 4fah64d.

1. _______________ mitigating is susceptible of being offset by any aggravating

circumstance.
2. Mitigating circumstance serves to _____________the penalty.
3. A powerful excitement that loses one’s reason and self-control is ________________.
4. The surrender to be voluntary must be ________________, because he
5.__________________ his guilt and 6._____________________ to save them the
trouble and expenses incurred for his search and capture.
7. Voluntary restitution is analogous to ____________________.
8. A person in authority is one directly vested with ___________________.
9. An unjust or improper conduct or act, capable of exciting, inciting or irritating anyone
is____________________.
10. Seventy years old and above is _______________________ in terms of criminal
responsibility.

Thank you for answering the test. If you got a score below 5, click this link
https:www.youtube.com/watch?v=piyyGxX9ibY for further lectures. If you have difficulty
in accessing the material online, please contact me through SMS or phone calls using
the number indicated in your course guide.

And now, you are ready to level up your performance. Do the succeeding
assessment.

B. Identification/Analysis (One Paragraph Summary)

Directions: Clip one news crime article related from what you learn from this unit from a
daily newspaper. Find and identify the 5 W’s of criminal investigation and one H. Analyze the
principle involved and write on the space provided. Use the space below for your writing. Submit
your work in the pigeon boxes which are provided in your department/college, or to google class
on or before as reflected in your study schedule. See Rubric in One Paragraph Summary on
page 77.

Not intended for publication. For classroom instruction purposes only.

Learning Criminal Law is as easy as A-B-C 49

____________________________________________
Title of the Article

______________________________
Name of the Writer/Author

_____________________
Date of Publication

_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
Crime/s Involved: ______________________________________________________________
_____________________________________________________________________________
Principle/s Involved:_____________________________________________________________
_____________________________________________________________________________

Congratulations! You did a great job! If you have not completed the task, or
you have difficulty in accomplishing the activity, please send me a message to our
google class, or you may ask clarifications through a text message or phone calls on
the contact number included in your course guide. You may write your insights or
thoughts about the activity on the space provided found on the next page.

You had just completed this unit. You are now ready to take Unit 4.

Not intended for publication. For classroom instruction purposes only.

Learning Criminal Law is as easy as A-B-C 50

Unit 4 – . Alternative Circumstances, Participants of the Crime, Penalties,

Extinction of Criminal Liability and Civil Liability

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. They are the relationship, intoxication and the
degree of instruction and education of the offender.

These different participations of the offenders come into play only when there is
conspiracy among them. When conspiracy is established, the act of one is the act of
all. Their responsibility for the offense committed is collective and knowing who gave
the fatal blow is immaterial. They are called Principals.
Between collective criminal responsibility and individual criminal responsibility, there
is so-called quasi-collective criminal responsibility. Some of the offenders in the crime
are principals and the others are accomplices. The principal element of every
punishable complicity consists in the concurrence of the will of the accomplice with
the will of the author of the crime.
An accessory must have knowledge of the commission of the crime and having
knowledge took part subsequent to its commission. In the absence of positive proof,
direct or circumstantial, of his knowledge that the goods were of illegal origin or
fraudulently acquired by the vendors at the time of transaction, a customer who
purchases such goods cannot be held criminally responsible as accessory.

Penalty in its general sense signifies pain; especially considered in the juridical sphere,
it means suffering undergone, because of the action of human society, by one who
commits a crime.

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Learning Criminal Law is as easy as A-B-C 51

A complex crime presupposes more than one unlawful act where the offender is meted
out the maximum penalty for the more serious crime.

Causes of extinction of criminal liability arise after the commission of the offense; while
the causes of justification or exemption from criminal liability arise from circumstances
existing either before the commission of the crime or at the very moment of its
commission.

The social injury is sought to be repaired through the imposition of the corresponding
penalty; while the personal injury, through indemnity, which is civil in nature.

At the end of this unit, you will be able to:

• Identify and define the principle contain in a given situation;

• Determine the persons involved in the crime and the criminal liability of the
accused; and
• Formulate situations reflecting the different principles.

Pretest

Fill in the blanks.

Directions: Read the following statements, and fill in the blanks with word/s which best
complete/s the sentences. See page 77 for the answer key. Use this class code: 4fah64d

1. ____________ exists when two or more persons come to an agreement and decide to commit
it.
2. A _______________expression without intention is not inducement.
3. He is considered an _____________ if he saw the criminal acts of the principal and
participated therein although his acts is different from the other.
4. _____________ of the commission of crime may be acquired subsequent to the acquisition of
stolen property.
5. Any person who assist in the burial of the victim of homicide to prevent its discovery is an
______________.
6. Conviction of ______________ is possible even if the principal is acquitted.

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Learning Criminal Law is as easy as A-B-C 52

7. It is the _______________which compels one to conceal crimes committed by relatives.

8. Formal agreement is not necessary in conspiracy, it is sufficient that their minds _________.
9. Principal by induction becomes liable when principal by___________ committed the act
induced.
10. In the absence of previous conspiracy, _____________ criminal responsibility.
11. Death of the offended party does not extinguish the criminal liability of the _____________.
12. Afflictive penalties shall prescribe in ________years.
13. _____________offenses prescribe in 2 months.
14. _________________is the decrease of length of imprisonment.
15. A deduction of _____________ of the period of sentence shall be granted to prisoner for
special time allowance for loyalty.
16. The Director of __________________ grants time allowance.
17. _________________ contracted in good faith between the offender and the victim
extinguishes criminal liability.
18. Death prescribes the penalty in __________years.
19. If the offender____________ after final judgment, pecuniary penalties are not extinguished.
20. Criminal and civil liability is extinguished when the offender dies ______________final
judgment.

Thank you for answering the test. Please see page 78 for the key answer.

If you got a score below 5, click this link https://www.youtube.com/watch?v=JkB9lAFBQPU for

further lectures.

The next section is the content of this unit. It contains vital information of the
topics based on the learning outcomes. Please read the content.

Content

Topic: Alternative Circumstances

Kinds:

 Relationship
 Intoxication
 Degree of instruction and education of offender

Relationship – applicable only when the offended party is the spouse, ascendant,
descendant, legitimate, natural or adopted bro/sis or relative by affinity within the
same degree.

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Learning Criminal Law is as easy as A-B-C 53

The law is silent as to when relationship

People vs. is mitigating48
Bersabal, and when
Phil 439it is aggravating.
Relationship is mitigating in crimes against property.
By analogy, stepfather or stepmother or stepson or stepdaughter is
It is aggravating
includedinincrimes against persons.
the relationship
In crimes against chastity, it is always aggravating.

Intoxication:
 Mitigating – intoxication is not habitual; not subsequent to the plan
 Aggravating – intoxication is habitual; it is intentional

US vs McMann, 4 Phil 561

A witness testified that he saw the defendant drunk 12 times or more,
hence a habitual drunkard, therefore aggravating.

Low degree of instruction and education or lack of it is generally mitigating. High degree
of instruction and education is aggravating, when the offender avails himself of his learning in
committing the crime.

People vs. Luna, 58 SCRA 198

Luna is not illiterate. He finished Grade Two. The court observed that
he usually answer in Tagalog after question in English is propounded.
He is not entitled to mitigating circumstance of lack of instruction.

Topic: Participants of the Crime

In all crimes there are always two parties, namely: the active subject (the criminal)
and the passive subject (the injured party). These are called the treble divisons of
persons criminally responsible for an offense rests upon the very nature of their
participation in the commission of the crime. When a crime is committed by many,
without being equally shared by all, a different degree of responsibility is imposed
upon each and every one of them. In that they case, they are criminally liable as
principals, accomplices, or accessories.

PRINCIPALS

 Principals by Direct Participation

Conspiracy – two or more persons come to an agreement concerning the

commission of a felony and decide to commit it.

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Learning Criminal Law is as easy as A-B-C 54

The principal by direct participation personally takes part in the execution of the
act constituting the crime.

Requisites:
 Participated in the criminal resolution
 Carried out the plan and personally took part in the execution

Figure 21

A photo of a person stabbing another person at the back

Note: A photo of a person stabbing another person at the back. Adapted from “ Man stabbing
another man” Image no. 1891639 . https://www.stockunlimited.com/image/man-stabbing-
another-man-in-back-against-black-background_1891639.html. Copyright 2020
StockUnlimited

 Principals by Induction

Two ways of becoming a principal by induction:

 Directly forcing another to commit a crime
 Directly inducing another to commit a crime

By directly forcing another to commit a crime:

 By using irresistible force
 By causing uncontrollable fear

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Learning Criminal Law is as easy as A-B-C 55

By directly inducing another to commit a crime;

 By giving price, reward or promise
 By using words of command

Figure 22

A photo of an adult communicating with a child online

Note: A photo of an adult communicating with a child online. Adapted from “ How to you’re
your child safe from online Predators”. https://www.clubhdtv.com/blog/how-to-keep-your-child-
safe-on-the-internet/. Copyright 2020 club HDTV

 Principals by Indispensable cooperation

Requisites:

 Participation in the criminal resolution, there is either anterior conspiracy or

unity of criminal purpose and intention immediately before the commission of
the crime charged;
 Cooperation in the commission of the offense by performing another act,
without which it would no have been accomplished.

US vs Javier & Caguicla, 1 Phil 236

C seized a 12 year old girl, dragged her and delivered her to J so that J
might freely consummate the prearranged rape, as the latter did
consummate, C cooperated without which its commission would not have
been accomplished.

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Learning Criminal Law is as easy as A-B-C 56

ACCOMPLICES

This is known as accessory before the fact.

In case of doubt as to whether principal or accomplice.

The participation of the offender will be considered that of an accomplice rather than that
of a principal.

How an accomplice acquires knowledge of the criminal design of the principal.

 The principal informs or tells the accomplice of the former’s criminal purpose
 When the accomplice saw the criminal acts of the principal.

People vs. Lingad, et. al., 98 Phil 5

A taxicab driver, knowing that his co-accused were going to make a
hold-up, permitted them to use the taxicab driven by him in going to a
store where his said co-accused staged the hold-up.

ACCESSORIES

An accessory must have knowledge of the commission of the crime and

having knowledge took part subsequent to its commission. In the absence of
positive proof, direct or circumstantial, of his knowledge that the goods were of
illegal origin or fraudulently acquired by the vendors at the time of transaction,
a customer who purchases such goods cannot be held criminally responsible
as accessory.

This is known as accessory after the fact.

Specific acts of accessories:

1. Profiting themselves or assisting the offender to profit by the effects of the crime

People vs. Tanchoco, 76 Phil 463

A person who received any property from another, and used it, knowing that the same
had been stolen, is an accessory to the crime of theft.

2. Concealing or destroying the body of the crime

3. Harboring, concealing or assisting in the escape of the principal of the crime

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Learning Criminal Law is as easy as A-B-C 57

Assisting the principal to escape:

 By public officer – acts with abuse of public functions, the crime committed by the
principal is any crime provided is not a light felony
 By private person – the crime committed by the principal is either treason, parricide,
murder, attempt vs the life of the President, the principal is known to be habitually
guilty of some other crime.

Accessories exempt from criminal liability

The accessory is exempt when the criminal liability is his/her:
 Spouse
 Ascendant
 Descendant
 Bro/sis or bro-in-law/sis-in-law

Topic: Penalties

Classification of penalties
Principal – expressly provided by law imposed by the court upon conviction
Accessory – are those deemed included in the imposition of the principal penalties

Measure of prevention which are not considered penalties

Arrest
Commitment of a minor
Suspension from employment
Fines
Deprivation of rights

Scale of penalties
Afflictive
reclusion perpetua
reclusion temporal
perpetual/temporary absolute disqualification/special disqualification
prision mayor
correctional
prision correccional
arresto mayor
suspension
destierro
light
arresto menor
public censure
Duration of penalties
Reclusion Perpetua - 20 years and 1 day to 40 years
Reclusion Temporal - 12 years and 1 day to 20 years

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Learning Criminal Law is as easy as A-B-C 58

Prision Mayor - 6 years and 1 day to 12 years

Prision correccional, destierro, suspension–6 months and 1 day to 6 years
Arresto Mayor– 1 month and 1 day to 6 months
Arresto menor – 1 day to 30 months

Destierro when imposed:

serious physical injuries or death under exceptional circumstance
failure to give bond for good behavior
concubine
as the proper penalty

Preventive imprisonment – the offense charged is non-bailable, or even if bailable he cannot

furnish the required bail

Effects of pardon by the President

 shall not restore the right to hold public office or right of suffrage
 shall not exempt the culprit from the payment of civil indemnity

Pardon by Chief Executive distinguished from pardon by the offended party

Presidential pardon extinguishes criminal liability; that of the offender does not
Presidential pardon cannot include civil indemnity while offended party can waive civil liability
Presidential pardon extended only after conviction while that of the offended party is given before
institution of the action

Effects of Civil Interdiction

Deprivation of:
Parental authority
Guardianship over ward
Marital authority
Manage and dispose of property

Costs include:
Fees
Indemnities

Pecuniary liabilities include:

Reparation of the damage caused
Indemnification of consequential damages
Fine
Costs of proceedings

Subsidiary penalty:
It is a subsidiary personal liability to be suffered by the convict who has no property with which to
meet the fine, at the rate of one day for each PhP 8, subject to rules provided by law.

Confiscation and forfeiture of the proceeds of the crime

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Learning Criminal Law is as easy as A-B-C 59

Every penalty imposed carries with it the forfeiture of the proceeds of the crime and the
instruments or tools used in the commission of the crime
The proceeds/instruments or tools of the crime are confiscated and forfeited in favor of the
government
Property of a third person not liable for the offense, is not subject to confiscation and forfeiture
Property not subject of lawful commerce shall be destroyed

Topic: Complex Crimes

A complex crime presupposes more than one unlawful act where the offender is
meted out the maximum penalty for the more serious crime.

Kinds of complex crimes:

Compound crime – a single act constitutes two or more grave or less grave felonies

People vs Guillen, 85 Phil 307

Guillen, by a single act of throwing a highly explosive hand grenade at
President Roxas, resulting in the death and injuries to others committed this
crime.

Complex crime proper – an offense is a necessary means for committing the other

People vs Barbas, 60 Phil 241

Falsification of a public document by an accountable officer is an offense
necessary to commit malversation.

Plurality of crimes
Formal/ideal – one criminal liability
Real/material – different crimes in the conscience of the offender and shall be punished for each
and every offense

Continued crime – (continuous or continuing) a single crime, consisting of a series of acts but all
arising from one criminal resolution. It is not a complex crime because liability is only for one
crime

Degree – one entire penalty

Period – one of the three equal portions called minimum, medium and maximum

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Learning Criminal Law is as easy as A-B-C 60
Two indivisible penalties
Mitigating – lesser penalty
Aggravating – greater penalty
No mitigating and no aggravating – lesser penalty
Mitigating and aggravating – offset

Single indivisible penalty

Penalty shall be applied regardless of any mitigating/aggravating except privileged mitigating,
penalty reduced by degree

Divisible penalty
Neither aggravating/mitigating – medium period
Mitigating – minimum period
Aggravating – maximum period

The table showing the application of penalties as to the participants

of the crime and the stages of execution (Fig. 37).

Consummated Frustrated Attempted

Principals 0 1 2
Accomplices 1 2 3
Accessories 2 3 4

Fig. 37 The application of penalty

Topic: Extinction of Criminal Liability

Total Extinction

The learner should be able to a) know the different kinds of total extinction of criminal liability; b)
determine the concept of each extinction; c) find out the legal implication to the convict/accused

Causes of extinction of criminal liability arise after the commission of the offense; while the
causes of justification or exemption from criminal liability arise from circumstances existing either
before the commission of the crime or at the very moment of its commission.

Totally extinguished by:

1. Death of the convict
 If the offender dies before final judgment, all his criminal and civil liabilities are
extinguished

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Learning Criminal Law is as easy as A-B-C 61

 If he dies after final judgment, his pecuniary liabilities can be enforced against
the estate of the deceased and must be shown that the civil liability arises
from the criminal liability as its basis

People vs Misola, 87 Phil 830

The death of the offended party does not extinguish the criminal liability of
the offender, because the offense is committed against the State.

2. Service of sentence
 Crime is a debt incurred by the offender as a consequence of his wrongful act
and the penalty is but the amount of his debt. When payment is made, the
debt is extinguished.

3. Amnesty
 It is an act of the sovereign power granting oblivion or a general pardon for a
past offense and is usually exerted in behalf of certain classes of persons
(Brown vs Walker, 161 US 602).

4. Absolute pardon
 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.
 Pardon does not alter recidivism, extinction only of personal effects of penalty
( US vs Sotelo, 28 Phil 147)
5. Prescription of crime
 Forfeiture or loss of the right of the state to prosecute the offender after the
lapse of a certain time

6. Prescription of penalty
 The loss or forfeiture of the right of the state to execute the final sentence of
conviction after the lapse of a certain period of time

7. Marriage of the offended party with the offender

 Seduction, abduction, rape and acts of lasciviousness, the marriage of the
offender with the offended party shall extinguish the criminal action

People vs Santiago, 51 Phil 68

Marriage must be contracted in good faith, hence contracted only to avoid
criminal liability is devoid of legal effects.

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Learning Criminal Law is as easy as A-B-C 62

Partial Extinction:
 Conditional Pardon- partakes of a contract between sovereign power of the
executive and the convict that the former will release the latter upon compliance
with the condition that he shall not again violate any of its penal law

 Commutation –the substitution of a lesser penalty for that of a greater

punishment imposed on the convict by the Chief Executive.

 Good conduct allowance

Art. 97 provides guidelines which by its nature may be expanded or supplemented by the
prison’s authority.

Topic: CIVIL LIABILITY

Every person who, contrary to law, willfully or negligently causes damage to another, shall
indemnify the latter for the same. Civil obligations arising from criminal offenses shall be
governed by the penal laws. Civil liability includes restitution, reparation of the damage caused
and indemnification for consequential damages.

The learner should be able to a) know the civil liability; b) determine the concept of each criminal
liability carries with it civil liability;

The social injury is sought to be repaired through the imposition of the corresponding penalty;
while the personal injury, through indemnity, which is civil in nature.

As a general rule, an offense causes two classes of injuries:

1. Social injury – produced by the disturbance and alarm which are the outcome of the offense.
2. Personal injury – caused to the victim of the crime who may have suffered damage, either to his
person, to his property, to his honor, or to her chastity.

The social injury is sought to be repaired through the imposition of the

corresponding penalty; while the personal injury, through indemnity, which is civil in
nature.

Every person criminally liable is also civilly liable.

No extinction of civil liability:

1. Acquittal is based on reasonable doubt

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Learning Criminal Law is as easy as A-B-C 63

2. Acquittal is due to exempting circumstance

3. Decision expressly states that there is civil liability

Civil liability includes:

1. Restitution – thing itself shall be restored, with allowance for any deterioration
or diminution of value.

People vs Fortuno, 78 Phil 429

When the property taken away is not recovered, the court must order the accused
to restore it to its owner or, as an alternative, to pay its just value.

2. Reparation of the damage caused – determination of amount damage,

considering the price of the thing, sentimental value, reparation shall be made.

People vs Dalena, CA, GR no. 11387-R, 11388-R

If there is no evidence as to the value of the thing unrecovered reparation cannot
be made.

3. Indemnification for consequential damages – shall include not only those

caused the injured party, but also those suffered by his family, or third persons

Damages recoverable in case of death:

1. People vs Dela Fuente – Php 30,000. 1988 ruling – Php 50,000
2. Loss of earning capacity- Art. 2206, par.1, CC
3. Support -Art. 2206, par.2, CC
4. Moral damages – Art. 2206, par. 3 CC
5. Exemplary Damages – Art 2230, CC

To assess the extent of your knowledge in criminal law, and how it is viewed in
American culture, turn to page or you
may visit https://www.britannica.com/topic/criminal-law

To learn more on “ Audio lecture on Criminal Law” , you may visit

this link: https://www.youtube.com/watch?v=JkB9lAFBQPU

Not intended for publication. For classroom instruction purposes only.

Learning Criminal Law is as easy as A-B-C 64

Now that you had learned about the basic concepts of alternative circumstances, participants of
the crime, penalties, and extinction of criminal liability, do the succeeding learning activities. If
you have questions regarding the activity, you may visit our google class with this code:
4fah64d. If you had poor connectivity, you are given another week to accomplish the tasks.

Learning Activities

Activity 1: Identification/Definition/Explanation (Reflective Writing) Directions: Identify and

define the principle involved in the given situation and determine the persons involved in the
crime and the criminal liability of the accused. Submit your work in the pigeon boxes which are
provided in your department/college, or to google class on or before the date as reflected in in
your study schedule. See Rubric in Reflective Writing on page 72.

Situation 1: Two guys, Bert and Lambert, who don’t know each other, get pissed at some dude, Albert, at a bar.
They shot him at the same time. Albert died instantly.

Situation 2: Adel, a lawyer punches an annoying person, Nomo. The latter suffered minor injuries.

Situation 3: Tony threw a grenade that killed his father and his father’s friend.

Situation 4: Ponce was convicted of stealing laptops from Solidmark Appliance. He was convicted. The period
during which convict was not inside prison walls as he was taken to a hospital.

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Learning Criminal Law is as easy as A-B-C 65

Scene Persons Principle contain in Explain the

No. involved in the the scenario principle as
crime (Identify and define to the
(victim/accused) that principle briefly) criminal
liability of
the accused
1

Thank you for completing the task. If you have not completed the task, or
you have difficulty in accomplishing the activity, please send me a message to our
google class or you may ask clarifications through a text message or phone calls
on the contact number included in your course guide.

And now, you are ready for the next learning activity.

Not intended for publication. For classroom instruction purposes only.

Learning Criminal Law is as easy as A-B-C 66

Activity 2. B Formulating Scenarios (Building Scenarios)

Directions: Formulate at least one scenario/situation reflecting each principle. Submit
your work in the pigeon boxes which are provided in your department/college and turn in
the link to the google class on or before the date as reflected in on your study schedule.
See Rubric in Building Scenarios on page 74 .

Alternative Circumstances Situation/Scenario

1. Relationship

2. Intoxication

3. Degree of Instruction

Participants of the Crime Situation/Scenario

1. Principal

2. Accomplice

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Learning Criminal Law is as easy as A-B-C 67

3. Accessory

Penalties Situation/Scenario

1. Indeterminate Sentence
Law

2. Complex crime

3. Three Fold Rule

Extinction of Criminal Situation/Scenario

Liability

1. Prescription of Crime

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Learning Criminal Law is as easy as A-B-C 68

2. Death of the Offender

3. Good Conduct Allowance

Congratulations! You did a great job! You may now take the assessment. If you have not
completed the task, or you have difficulty in accomplishing the activity, please send me a
message to our google class or you may ask clarifications through a text message or phone
calls on the contact number included in your course guide.

Assessment

A. Multiple Choice
Directions: Choose the correct answer and write the corresponding letter on the space
provided before each item.

___1. If there is conspiracy, their liability is -

a. Collective b. Individual c. Indispensable d. As participants
___2. In case of doubt as to his participation, he will be considered
a. Accomplice b. Principal c. Accessory d. None
___3. C stabbed B first, as B was dying, A gave a fist blow on B’s face. A is -
a. Accomplice b. Principal c. Accessory d. Participant
___4. X buys a stolen property not knowing it was stolen.
a. Liable b. Not liable c. Maybe d. None
___5. The accessory takes part _______ the crime is/has been committed.
a. After b. Before c. During d. None
___6. One who kept silent with regard to the crime he witnessed is -
a. Accessory b. Accomplice c. Principal d. None

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Learning Criminal Law is as easy as A-B-C 69

___7. The act of a person who shall buy which he knows derived from the proceeds of robbery is
a. Fencing b. Fence c. Anti-fencing d. Accessory
___8. Mere knowledge of a crime is a conspirator.
a. No b. Yes c. Perhaps d. None
___9. Felonies that are punishable only when they have been consummated.
a. Light b. Afflictive c. Correctional d. None
___10. The act of one is the act of ____.
a. All b. Him alone c. His criminal mind d. None
___11. A juridical condition in which no one should be punished for the crime another.
a. Personal b. Legal c. Correctional d. Equal
___12. The duration of the penalty shall be from 1 month to 6 months.
a. Arresto mayor b. Prision correccional c. Prision mayor d. Reclusion temporal
___13. Effects of civil interdiction.
a. Deprive of parental authority b. Suspension c. Disqualification d. Deprive of right to
vote
___14. A man pours gasoline in a bus and caught fire burning a house, killing a person and
injuring another person.
a. Complex crime b. Arson c. Homicide d. Separate crimes
___15. In single divisible, there is one mitigating and one aggravating, what proper period?
a. Offset b. Medium c. Minimum d. Maximum
___16. It includes any crime and is exercised individually by the President.
a. Pardon b. Amnesty c. Parole d. Probation
___17. A contract between the sovereign power and the convict.
a. Conditional pardon b. Commutation c. Good conduct allowance
d. Special time allowance for loyalty
___18. The suspension of the sentence of a convict after serving the minimum sentence.
a. Parole b. Conditional pardon c. Absolute pardon d. Good conduct allowance
___19. Death of convict extinguishes, aside from criminal liability, also what before final
judgment?
a. Pecuniary b. Civil c. Reparation d. Civil interdiction
___20. It completely extinguishes the penalty and all its effects.
a. Amnesty b. Pardon c. Death d. Prescription of crime

Thank you for answering the test. If you got a score below 5, click this link
https://www.youtube.com/watch?v=JkB9IAFBQPUb for further lectures. If you have
difficulty in accessing the material online, please contact me through SMS or phone calls
using the number indicated in your course guide.

And now, you are ready to level up your performance. Do the succeeding
assessment.

Not intended for publication. For classroom instruction purposes only.

Learning Criminal Law is as easy as A-B-C 70

B. Identification/Analysis (One Paragraph Summary)

Directions: Clip one news crime article related from what you learn from this unit from a
daily newspaper. Find and identify the 5 W’s of criminal investigation and one H. Analyze
the principle involved and write on the space provided. Use the space below for your
writing. Submit your work in the pigeon boxes which are provided in your
department/college, or to google class on or before as reflected in your study schedule.
See Rubric in One Paragraph Summary on page 75 .

____________________________________________
Title of the Article

______________________________
Name of the Writer/Author

_____________________
Date of Publication

_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
Crime/s Involved:
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
Principle/s
Involved:________________________________________________________________
_______________________________________________________________________

Congratulations! You did a great job! If you have not completed the task, or
you have difficulty in accomplishing the activity, please send me a message to our
google class, or you may ask clarifications through a text message or phone calls on
the contact number included in your course guide. You may write your insights or
thoughts about the activity on the space provided found on the next page.

You had just completed this unit.

Not intended for publication. For classroom instruction purposes only.

Learning Criminal Law is as easy as A-B-C 71

References

Aguilar, Narciso M (2006). The Revised Rules of Criminal Procedure vol.2 first ed. Central Book
Supply, Inc.

Mapile, Rodolfo D. (2007) Criminal Law Review Made Simple Mutya Publishing House

Reyes, Luis B. (2010) Revised Penal Code, Rex Bookstore Inc.

Rex Bookstore Staff (2010) The Revised Penal Code of the Philippines, Rex Bookstore Inc.

San Beda College Memory Aid in Criminal Law, (2002)

Sandoval, Edilberto G.,(2010) Pointers in Criminal Law, Rex Bookstore Inc.

Scheb, John and John M. Scheb II, (2007) Criminal Law, 4 th Edition

Syllabi CHED – IX, 2012

Not intended for publication. For classroom instruction purposes only.

Learning Criminal Law is as easy as A-B-C 72

Rubric in Reflective Writing (Identification/Definition/Explanation)

Criteria 5 4 3 2 1 Mark
Depth of Demonstrat Demonstrate Demonstrate Demonstrate Demonstrat
reflection e a a thoughtful a basic a limited e little or no
conscious understandin understandin understandin understandi
and g of the g of the g of the ng of the
thorough subject subject subject subject
understandi matter. matter. matter. This matter. This
ng of the reflection reflection
subject needs needs
matter. This revision. revision
reflection
can be used
as an
example for
other
students.
Use of Use specific Use relevant Use Use No
textual and examples examples incomplete or examples
evidence convincing from the texts from the text vaguely from the
examples studied to to support developed text are
from the support most claims examples to used and
texts claims in in your writing only partially claims
studied to your own with some support made in
support writing, connections claims with your own
claims in making made no writing are
your own applicable between connections unsupporte
writing, connections texts. made d and
making between between irrelevant to
insightful texts. texts. the topic at
and hand.
applicable
connections
between
texts.
Language Use Use Use basic but Use Use
use language language that appropriate language language
that is is fluent and language, that is vague that is
precise and original, with with a basic or imprecise unsuitable
engaging a sense of sense of for the for the
with notable voice, voice, some audience or audience
sense of awareness of awareness of purpose, with and
voice, audience and audience and little sense of purpose,
awareness purpose, and purpose and voice, and a with little or
of audience the ability to some attempt limited no
and vary to vary awareness of awareness

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Learning Criminal Law is as easy as A-B-C 73

purpose sentence sentence how to vary of sentence

and varied structure. structure. sentence structure.
sentence structure.
structure.
Conventio Demonstrat Demonstrate Demonstrate Demonstrate Demonstrat
ns e control of control of the partial control limited e little or no
the conventions, of the control of the control of
conventions exhibiting conventions, conventions, the
with occasional exhibiting exhibiting conventions
essentially errors only occasional frequent , making
no errors, when using errors that do errors that comprehen
even with sophisticated not hinder make sion almost
sophisticate language. comprehensi comprehensi impossible.
d language. on. on difficult.

Adapted from: https://www.slideshare.net/gsmyra/reflective-writing-rubric

Not intended for publication. For classroom instruction purposes only.

Learning Criminal Law is as easy as A-B-C 74

Rubric in Building Scenarios (Formulating Scenarios)

Criteria 4 3 2 1 Mark
Analyze given Analysis of Analysis of Analysis of Analysis of
scenario given given scenario given given
scenario provides scenario scenario
provides considerable provides provides
thorough insight some insight limited insight
insight
Assess Assessment Assessment of Assessment Assessment
research of research research of research of research
information information information information information
demonstrates demonstrates demonstrates demonstrates
thorough use considerable some use of limited use of
of criteria use of criteria criteria criteria
Communicate Communicate Communicate Communicate Communicate
design ideas design ideas design ideas design ideas design ideas
with a high with with some with limited
degree of considerable clarity clarity
clarity clarity
Create a design Creates a Creates a Creates a Creates a
plan design plan design plan design plan design plan
with excellent with with some with limited
organization considerable organization organization
organization
Demonstrate Demonstrates Demonstrates Demonstrates Demonstrates
understanding thorough considerable some limited
of topic under understanding understanding understanding understanding
study of topic under of topic under of topic under of topic under
study study study study
Identify design Thoroughly Substantially Adequately Briefly
issues identifies identifies identifies identifies
design issues design issues design issues design issues

Adapted from : https://electricarchaelogist.files.wordpress.com/2007/II/rubric-scenario-building-

sgraham.jpg

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Learning Criminal Law is as easy as A-B-C 75

Rubric in One Paragraph Summary

Criteria 4 3 2 1 Mark
Main Idea Correctly Correctly Identifies an Identifies a
identifies the identifies important detail but not
main idea in most of main idea but not the main idea
a clear and idea in a the main idea
accurate complete in a complete
manner sentence sentence
Supporting Clearly states States at States at Includes
Details 2 or more least 2 least 1 unnecessary
important important important details. Does
details using details with detail. not
own words or some Demonstrate demonstrate
statements paraphrasing little if any any
of information paraphrasing paraphrasing
Conclusion Writes a clear Writes an Writes a Does not
and specific adequate weak include a
concluding concluding concluding concluding
statement statement statement statement
Mechanics and Contains few, Contains Contains Contains
Grammar if any spelling several errors many errors many errors
or in in in
grammatical punctuation, punctuation, punctuation,
errors spelling or spelling spelling
grammar that and/or and/or
do not grammar that grammar that
interfere with interferes make the
meaning with meaning piece
illegible.

Adapted from:
https://www.google.com/search?q=one+paragraph+summary+rubric&sxsrf=ALeKk00xLohjjgdyk
RqlgPhbxoWDwCKgww:1596072635218&tbm=isch&source=iu&ictx=1&fir=RCWCtja6WG2pRM
%252CndNiEPtpyCXNjM%252C_&vet=1&usg=AI4_-
kSJsBMjCAS_eztLDuyg3azVOF_GYQ&sa=X&ved=2ahUKEwiOxNTz6fPqAhUHGaYKHWFnAG
kQ9QEwEXoECAoQHw&biw=1366&bih=654#imgrc=RCWCtja6WG2pRM

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Learning Criminal Law is as easy as A-B-C 76

Appendices

i. Supplementary Learning Resources

ii. Laws; Memos: CMOs

Glossary

Criminal law. That branch or division of law which defines crimes, treats of their nature, and
provides for their punishment.

Crime. Is an act committed or omitted in violation of a public law forbidding or commanding it.

Felonies. Acts and omissions punishable by law.

Justifying circumstances. Are those where the act of a person is said to be in accordance
with law, so that such person is deemed not to have transgressed the law and is free from both
criminal and civil liability.

Exempting circumstances. Grounds for exemption because there is wanting in the agent of
the crime any of the conditions which make the act voluntary or negligent.

Mitigating circumstances. Do not entirely free the actor from criminal liability, but serve only to
reduce the penalty.

Aggravating circumstances. If attendant in the commission of the crime, serves to increase

the penalty without, however, exceeding the maximum of the penalty provided by law for the
offense.

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.

Not intended for publication. For classroom instruction purposes only.

Learning Criminal Law is as easy as A-B-C 77

Answer Key

Unit I
Multiple Choice Fill in the Blanks
1. A 1. dolo
2. A 2. Jan. 1, 1932
3. B 3. general
4. B 4. Aberratio ictus
5. C 5. consummated
6. C 6. Ex post facto law
7. D 7. Internal act
8. D 8. Formal crimes
9. A 9. Less grave felonies
10. A 10. Mala prohibita

Unit 2
Multiple Choice Fill in the blanks
1. A 1. Unlawful aggression
2. A 2. Discernment
3. A 3. act
4. A 4. defense
5. A 5. consanguinity
6. A 6. Self-defense
7. A 7. accident
8. C 8. Physical force
9. A 9. imminent
10. C 10. Unlawful aggression

Unit 3
Multiple Choice Fill in the blanks
1. A 1. Ordinary
2. A 2. Reduce/decrease
3. A 3. Passion/obfuscation
4. A 4. Spontaneous
5. A 5. Acknowledge
6. A 6. intention
7. A 7. Voluntary surrender
8. A 8. jurisdiction
9. A 9. provocation
10. A 10. Mitigating/conditional

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Learning Criminal Law is as easy as A-B-C 78

Unit 4
Fill in the blanks Multiple Choice
1. conspiracy 1. A
2. thoughtless 2. C
3. accomplice 3. B
4. knowledge 4. A
5. accessory 5. A
6. accessory 6. D
7. ties of blood 7. A
8. meet 8. A
9. direct participation 9. A
10. individual 10. A
11. accused 11. A
12. 15 years 12. A
13. light offenses 13. A
14. commutation 14. A
15. 1/5 15. A
16. Prisons 16. A
17. marriage 17. A
18. 20 years 18. A
19. dies 19. B
20. before 20. A

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Learning Criminal Law is as easy as A-B-C 79

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Learning Criminal Law is as easy as A-B-C 80

Add/insert
your
phot/emoji
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Developed by:

DAVID HAROLD Q. PACATANG, DPA

Faculty Member, CCJE
Jose Rizal Memorial State University
Dipolog Campus, Dipolog City

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Learning Criminal Law is as easy as A-B-C 81

About the Author

David Harold Q. Pacatang locked horns with numbers, figures, equations,

strength of materials, hydraulics and calculus in college. Thrice expelled but
undaunted, he graduated nevertheless from that school with two more extra years
and went on to survived, again, in Andres Bonifacio College and Jose Rizal
Memorial State University as the thirst for the proverbial Utopia unclaimed and
unquenched.

He had a brief career in telecommunications, engineering and public service

before fulfilling his out of the blue, nick of time and damn if you do, damn if you
don’t mantra of becoming an instructor.

Now married with one daughter and has travelled to Japan, Australia,
Singapore, Hong Kong, Vigan, Boracay and Lake Sebu, he lives in Dipolog City
and dreams of Germany as his second home and Sergio Osmena, ZN for
retirement.

In addition to be a ”terror” in class, a strict to rules person, and guided

hundreds of students to earn their stripes in the law enforcement world, he has
contributed researches to Clarivate Analytics, Educational Research International,
Asian Journal of Social Sciences & Humanities, and Journal of International
Academic Research for Multidisciplinary. He also made four instructional materials
for Criminology students.

Not intended for publication. For classroom instruction purposes only.