SEMI-FINALS LECTURE NOTES in Criminal Law (Book 1) by RBravo

CIRCUMSTANCES AFFECTING ii. Negative – the accused denies

CRIMINAL LIABILITY authorship or having performed the
act or omission imputed to him.
Under the Revised Penal Code, there are five (5)
circumstances affecting the criminal liability of an B. As to effect
individual, to wit:
a. Justifying Circumstances (Art. 11) i. Total or Perfect – those the effect of
b. Exempting Circumstances (Art. 12) which will totally exonerate the
c. Mitigating Circumstances (Art. 13) accused.
d. Aggravating Circumstances (Art. 14)
e. Alternative Circumstances (Art. 15) ii. Partial – those which are intended to
lessen the liability of the accused. They
Imputability – the quality by which an act may be include proof the offense is a lesser
ascribed to a person as its author or owner. It implies offense, or that it is of a lower stage of
that the act committed has been freely and consciously execution, that the accused has a lower
done and may therefore be put down to the doer as his participation and is not the principal.
very own.
C. As to source
Responsibility – the obligation of suffering the
consequences of crime. It is the obligation of taking the i. Legal - those provided for by statutes
penal and civil consequences of the crime. or by the constitution.
ii. Factual - those based on the
Guilt – an element of responsibility, for a man cannot circumstances of the commission of
be made to answer for the consequences of a crime the crime relating to the time, place,
unless he is guilty. manner of commission; identification
of the accused; reasons for the
Defenses – those which if proven may result to an commission.
acquittal of the offender from the crime charged or
lead to non-criminal liability. They are the reasons Article 11. Justifying circumstances. - The following do
advanced by the accused why he may not be held not incur any criminal liability:
criminally liable. 1. Anyone who acts in defense of his person or
rights, provided that the following
A. As to form circumstances concur;
First. Unlawful aggression.
i. Positive or Affirmative – they are often Second. Reasonable necessity of the
called defenses in the nature of means employed to prevent or repel it.
“Admission and Avoidance”. The Third. Lack of sufficient provocation on
accused admits authorship of the act or the part of the person defending
omission charged and imputed to him himself.
but he puts up matters to avoid 2. Anyone who acts in defense of the person or
criminally liability or which will result to rights of his spouse, ascendants, descendants, or
his acquittal. legitimate, natural or adopted brothers or
sisters, or his relatives by affinity in the same
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degrees and those consanguinity within the Paragraph 2 – Defense of Relative

fourth civil degree, provided that the first and
second requisites prescribed in the next Elements:
preceding circumstance are present, and the a. Unlawful Aggression;
further requisite, in case the revocation was b. Reasonable necessity of the means employed
given by the person attacked, that the one to repel it; and
making defense had no part therein. c. In case the provocation was given by the
3. Anyone who acts in defense of the person or person attacked, that the one making defense
rights of a stranger, provided that the first and had no part therein
second requisites mentioned in the first
circumstance of this Article are present and that Relatives who can be defended:
the person defending be not induced by revenge, a. Spouse
resentment, or other evil motive. b. Ascendants
4. Any person who, in order to avoid an evil or c. Descendants
injury, does not act which causes damage to d. Legitimate, natural or adopted brothers or
another, provided that the following requisites sisters
are present; e. Relatives by affinity in the same degree (degree
First. That the evil sought to be avoided (sister-in-law; parent-in-law; children-in-law)
actually exists; f. Relatives by consanguinity within the fourth
Second. That the injury feared be civil degree
greater than that done to avoid it;
Third. That there be no other practical Paragraph 3 – Defense of Stranger
and less harmful means of preventing it.
5. Any person who acts in the fulfillment of a duty Elements:
or in the lawful exercise of a right or office. a. Unlawful Aggression;
6. Any person who acts in obedience to an order b. Reasonable necessity of the means employed
issued by a superior for some lawful purpose. to repel it; and
c. Person defending be not induced by revenge,
Justifying Circumstances – are those where the act of resentment or other evil motive
a person is said to be in accordance with law, so that
such person is deemed not to have transgressed the Paragraph 4 – State of Necessity
law and is free from both criminal and civil liability.
Elements:
Paragraph 1 – Self defense a. Evil sought to be avoided actually exists;
b. Injury feared be greater than that done to
Elements: avoid it; and
a. Unlawful aggression; c. No other practical or less harmful means of
b. Reasonable necessity of the means employed preventing it
to repel it; and
c. Lack of sufficient provocation on the part of Paragraph 5 - Fulfillment of Duty/Lawful Exercise of Right
the person defending himself or Office

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Elements: his family who shall be charged with his

a. Accused acted in the performance of a duty or surveillance and education otherwise,
in the lawful exercise of a right or office; he shall be committed to the care of
b. Injury caused or the offense committed be the some institution or person
necessary consequence of the due 4. Any person who, while performing a lawful act
performance of duty or the lawful exercise of with due care, causes an injury by mere accident
such right or office; and without fault or intention of causing it.
c. Accused was not negligent or that there was 5. Any person who acts under the compulsion of
no abuse, or excess or oppression on the part irresistible force.
of the accused 6. Any person who acts under the impulse of an
uncontrollable fear of an equal or greater injury.
Paragraph 6 – Obedience to a Lawful Order of a Superior 7. Any person who fails to perform an act required
by law, when prevented by some lawful
Elements: insuperable cause.
a. An order was issued by a superior acting within
the sphere of his lawful rights; Exempting Circumstances – are those grounds for
b. The order is for some lawful purpose; and exemption from punishment, because there is wanting
c. The means to carry out the order is lawful in the agent of the crime any of the conditions which
makes the act voluntary, or negligent.
Article 12. Circumstances which exempt from criminal
liability. The following are exempt from criminal liability: Justifying Exempting
1. An imbecile or an insane person, unless the latter Circumstances Circumstances
has acted during a lucid interval. It affects the act not the It affects the actor not
When the imbecile or an insane person actor. the act.
has committed an act which the law The act is considered to The act complained of is
defines as a felony (delito), the court have been done within actually wrongful, but
shall order his confinement in one of the the bounds of law; the actor is not liable.
hospitals or asylums established for hence, legitimate and
persons thus afflicted, which he shall not lawful in the eyes of the
be permitted to leave without first law.
obtaining the permission of the same Since the act is
Since the act complained
court. considered lawful, there of is actually wrong
2. A person under nine years of age. is no crime. there is a crime but since
3. A person over nine years of age and under the actor acted without
fifteen, unless he has acted with discernment, in voluntariness, there is no
which case, such minor shall be proceeded dolo nor culpa.
against in accordance with the provisions of Art. Since there is no crime, Since there is a crime
80 of this Code. nor a criminal, there is committed though there
When such minor is adjudged to be also no criminal or civil is no criminal, there is
criminally irresponsible, the court, in liability. civil liability, but there is
conformably with the provisions of this no civil liability in
and the preceding paragraph, shall paragraphs 4 and 7.
commit him to the care and custody of
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Paragraph 1 – Imbecility or Insanity Paragraph 3 – Over 9 but under 15, acting without
discernment
Imbecile – one while advanced in age has a mental
development comparable to that of children between Discernment – mental capacity of a minor to fully
2 and 7 years old. He is exempt in ALL CASES from appreciate the consequences of his unlawful act; it is
criminal liability. the ability to know what is right and wrong; knowledge
of the consequences of one’s acts.
Insane – one who acts with complete deprivation of
intelligence/reason or without the least discernment or Paragraph 4 – Accident Without Fault or Intention of
with total deprivation of freedom of will. Mere Causing it
abnormality of the mental faculties will not exclude
imputability. Any person who, while performing a lawful act with
due care, causes an injury by mere accident without
Two tests for exemption on the ground of Insanity: fault or intention of causing it.

1. The Test of Cognition – whether the accused Accident – any happening beyond the control of a
acted with complete deprivation of person the consequence of which are not foreseeable.
intelligence in committing said crime;
knowledge of right and wrong. Paragraph 5 – Irresistible Force

2. The Test of Volition – whether the accused Any person who acts under the compulsion of an
acted in the total deprivation of freedom or irresistible force.
will.
Irresistible Force – offender uses violence or physical
Paragraph 2 – Under 9 years of age force to compel (to coerce) another person to commit
a crime.
Under R.A. 9344, minors aged fifteen (15) and below
are now absolutely exempt from criminal liability. The irresistible force must produce such an effect upon
the individual that, in spite of all resistance, it reduces
The child shall be released to the custody of his of his him to a mere instrument, and as such, incapable of
parents, or guardian, or in the absence thereof, the committing a crime. He must act not only without a will
nearest relative. If they cannot be located or if they but against his will.
refused, the child shall be released to a duly registered
nongovernmental or religious organization, a barangay Paragraph 6 – Uncontrollable Fear
official, or a member of the Brgy Council For The
Protection Of Children (BCPC), or when appropriate, Any person who acts under the impulse of an
the DSWD. uncontrollable fear of an equal or greater injury.

If the child is abandoned, neglected or abused by his Uncontrollable Fear – offender employs intimidation
parents, or if the parents will not comply with the or threat (that might cause injury to the accused or to
prevention program, DSWD will file the petition for other person or injury against property) in compelling
involuntary commitment pursuant to “The Child and another to commit a crime.
Youth Welfare Code.”
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Paragraph 7 – Insuperable Cause 8. That the offender is deaf and dumb, blind or
otherwise suffering some physical defect which
Any person who fails to perform an act required by law, thus restricts his means of action, defense, or
when prevented by some lawful or insuperable cause. communications with his fellow beings.
9. Such illness of the offender as would diminish
Lawful Cause – the law itself provides for an excuse. the exercise of the will-power of the offender
without however depriving him of the
Insuperable Cause – some motive, which has morally, consciousness of his acts.
legally or physically prevented a person to do what the 10. And, finally, any other circumstances of a similar
law commands; circumstances of time place, occasion nature and analogous to those above mentioned
that cannot be overcome.
Mitigating Circumstances – are those which, if present
CIRCUMSTANCES WHICH MITIGATE in the commission of the crime, do not entirely free the
CRIMINAL LIABILITY actor from criminal liability, but serve only to reduce
the penalty.
Article 13. Mitigating circumstances. - The following are
mitigating circumstances; A mitigating circumstance arising from a single fact
1. Those mentioned in the preceding chapter, when absorbs all the other mitigating circumstances arising
all the requisites necessary to justify or to from the same fact.
exempt from criminal liability in the respective
cases are not attendant. Basis: Mitigating circumstances are based on the
2. That the offender is under eighteen year of age diminution of either freedom of action, intelligence, or
or over seventy years. In the case of the minor, intent, or on the lesser perversity of the offender.
he shall be proceeded against in accordance with
the provisions of Art. 80. Classes of Mitigating Circumstances
3. That the offender had no intention to commit so 1. Ordinary/Generic Mitigating – those
grave a wrong as that committed. enumerated in subsections 1-10 of Article 13. It
4. That sufficient provocation or threat on the part is generic because it applies to all. It is ordinary
of the offended party immediately preceded the because it can be offset by a generic
act. aggravating circumstance.
5. That the act was committed in the immediate 2. Privileged Mitigating – those mentioned in
vindication of a grave offense to the one articles 68, 69, 64. Also 1 and 2 of Art 13. It
committing the felony (delito), his spouse, cannot be offset by aggravating circumstance.
ascendants, or relatives by affinity within the 3. Special Extenuating – those which can be
same degrees. found in some other provisions which also have
6. That of having acted upon an impulse so the same effect of reducing the penalty.
powerful as naturally to have produced passion
or obfuscation. If both ordinary and privileged mitigating are present,
7. That the offender had voluntarily surrendered appreciate the privileged (reduce by degree) before
himself to a person in authority or his agents, or appreciate the ordinary mitigating (reduce by period).
that he had voluntarily confessed his guilt before
the court prior to the presentation of the If 2 or more mitigating circumstances arise from a
evidence for the prosecution; single fact, only one will be appreciated.
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If they arise from several facts, all may be appreciated. Criminal Responsibility as to Age/Periods
Mitigating circumstances only reduce the penalty, but of Human Life under RPC
do not change the nature of the crime.
Age Criminal Responsibility/Effect
Ordinary Privileged 15 years and Absolute irresponsibility,
As to Can be offset by Can never be below exempting circumstance *As
nature generic offset by amended by RA 9344
aggravating aggravating Above 15 but Conditional Responsibility
circumstances circumstances. below Without Discernment – not
As to effect If not offset, will Operates to criminally liable
operate to reduce the With Discernment – criminally
reduce the penalty by 1 or 2 liable *As amended by RA 9344
penalty to the degrees than that Minor Sentence is suspended
minimum period, provided by law delinquent
provided the for the crime. 18 to 70 years Full responsibility
penalty is Above 70 Mitigated Responsibility, no
divisible. imposition of death penalty,
As to kinds Those Those mentioned execution of death penalty may
(sources) enumerated in in articles 68, 69, be suspended or commuted
subsections 1-10 64.
of Article 13. Paragraph 3 – No Intention to commit so grave a wrong

Paragraph 1 – Incomplete Justifying or Exempting That the offender had no intention to commit so grave
Circumstances a wrong as that committed.

Those mentioned in the preceding chapter, when all It can be taken into account only when the facts proven
the requisites necessary to justify the act or to exempt show that there is a notable and evident disproportion
from criminal liability in the respective cases are not between the means employed to execute the criminal
attendant. act and its consequences.

Note: This applies when some elements necessary to This circumstance does not apply when the crime
justify the act or to exempt the actor are not attendant. results from criminal negligence or culpa. When the
But in the case of “incomplete self-defense, defense of crime is the product of reckless imprudence or simple
relatives, and defense of a stranger”, unlawful negligence, mitigating circumstances does not apply.
aggression must be present, it being an indispensable
requisite. This is one of the three instances where the offender
has performed a felony different from that which he
Paragraph 2 – Under 18 or Over 70 years intended. Therefore, this is the product of intentional
felony, not a culpable one.
That the offender is under 18 years of age or over 70
years. In the case of the minor, he shall be proceeded
against in accordance with Article 192 of PD 603.

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Paragraph 4 – Provocation or Threat Paragraph 6 – Passion or Obfuscation

That sufficient provocation or threat on the part of the That of having acted upon an impulse so powerful as
offended party immediately preceded the act. naturally to have produced passion or obfuscation.

Provocation – any unjust or improper conduct or act of Passion or obfuscation may constitute a mitigating
the offended party, capable of exciting, inciting or circumstance only when the same arose from lawful
irritating anyone. sentiments.

Provocation Vindication As a rule, it cannot be based on common law

Made directly only to the Grave offense (maybe a relationship because common law relationships are
person committing the crime or not but the act illicit. However, consider whether passion or
felony. is unjustifiable) may be obfuscation is generated by common law relationship
also be against the or by some other human consideration.
offender’s relatives
mentioned by law. The passion or obfuscation must arise from an act
(Broader) There must be which must:
immediate vindication of 1. Come from the offended party;
grave offense. 2. Unlawful;
Cause that brought Offended party must 3. Naturally strong as to condition the mind of the
about the provocation have done a grave offender to commit the crime; and
need not be a grave offense to the offender 4. Not far removed from the commission of the
offense. or his relatives or crime
property.
Necessary that May be proximate. Time Feelings that may be mitigating:
provocation or threat interval allowed. 1. Anger
immediately preceded 2. Despair
the act. No time interval. 3. Love
4. Jealousy
Paragraph 5 – Vindication of Grave Offense 5. Embarrassment

That the act was committed in the immediate Feelings which are not mitigating:
vindication of a grave offense to the one committing 1. Despair based on immoral relationship (a live-
the felony(delito), his spouse, ascendants, in partner wanting to leave)
descendants, legitimate, natural or adopted brothers 2. Crime deliberately planned
or sisters, or relatives by affinity within the same 3. Caused by lawful duty/right (arrested during
degrees. marriage ceremony)
4. Caused by lawlessness
A lapse of time is allowed between the vindication and 5. Deep feelings out of religious bigot
the doing of the grave offense as long as the offender 6. Feelings that have been tormented
is still suffering from mental agony brought about by 7. Motivated by fight
the offense to him.

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Passion and ObfuscationIrresistible Force repentance. The surrender here is only done out of
Mitigating Exempting convenience to save his own self. Hence, it is not
No physical force needed
Requires physical force mitigating.
From the offender himself
Must come from a 3rd
person Even if the offender may have gone into hiding, if the
Must come from lawful Unlawful law enforcers had already known where he is hiding
sentiments and it is just a matter of time before he is flushed out
of that place, then even if the law enforcers do not
know exactly where he was hiding and he would come
Passion and Obfuscation Provocation out, this is not voluntary surrender.
Produced by an impulse Comes from injured
which may be caused by party Whether or not a warrant of arrest had been issued
provocation against the offender is immaterial and irrelevant. The
Offense which engenders Immediately precede criterion is whether or not the offender had gone into
perturbation of mind need the commission of the hiding or had the opportunity to go into hiding and the
not be immediate crime law enforcers do not know of his whereabouts.
Effect is loss of reason and Effect is loss of reason
self-control on the part of and self-control on the If he would give up, his act of surrendering under such
the offender part of the offender circumstance indicates that he is willing to accept the
consequences of the wrong he has done and also
Paragraph 7 – Surrender and Confession of Guilt thereby saves the government the effort, the time and
the expenses to be incurred in looking for him.
That the offender had voluntarily surrendered himself
Voluntary Plea of Guilt, Elements:
to a person in authority or his agents, or that he had
voluntarily confessed his guilt before the court prior to 1. It must be unconditional;
the presentation of evidence for the prosecution. 2. Spontaneous
3. Prior to the presentation of evidence by the
prosecution
As a general rule, if after committing the crime, the
4. At the earliest possible time
offender did not flee and he went with the responding
law enforcers meekly, voluntary surrender is not 5. Before a court competent to try the same
applicable.
Paragraph 8 – Physical Defect of Offender
However, there is a ruling that if after committing the
That the offender is deaf and dumb, blind, or otherwise
crime, the offender did not flee and instead waited for
the law enforcers to arrive and he surrendered the suffering some physical defect which thus restricts his
weapon he used in killing the victim, the ruling was that means of action, defense or communication with his
fellow beings.
voluntary surrender is mitigating. In this case, the
offender had the opportunity to go into hiding.
Physical defect must restrict means of action, defense
However, if he comes out from hiding because he is or communication with fellow beings.
seriously ill and he went to get medical treatment, the
surrender is not considered as indicative of remorse or

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Paragraph 9 – Illness of the Offender of their duties, or in a place dedicated to

religious worship
Such illness of the offender as would diminish the 6. That the crime be committed in the night time,
exercise of the will power of the offender without or in an uninhabited place, or by a band,
however depriving him of the consciousness of his whenever such circumstances may facilitate the
acts. commission of the offense.
Whenever more than three armed malefactors
Paragraph 10 – Similar and Analogous Circumstances shall have acted together in the commission of
an offense, it shall be deemed to have been
Examples: committed by a band.
1. Defendant who is 60 years old with failing 7. That the crime be committed on the occasion of
eyesight is similar to a case of one over 70 years a conflagration, shipwreck, earthquake,
old epidemic or other calamity or misfortune
2. Impulse of jealousy, similar to passion and 8. That the crime be committed with the aid of
obfuscation armed men or persons who insure or afford
3. Testifying for the prosecution, analogous to impunity
plea of guilty 9. That the accused is a recidivist
4. Outraged feeling of owner of animal taken for A recidivist is one who, at the time of his trial for
ransom is analogous to vindication of grave one crime, shall have been previously convicted
offense by final judgment of another crime embraced in
5. Voluntary restitution of property is similar to the same title of this Code.
voluntary surrender 10. That the offender has been previously punished
6. Extreme poverty by an offense to which the law attaches an equal
or greater penalty or for two or more crimes to
CIRCUMSTANCES WHICH AGGRAVATE which it attaches a lighter penalty
CRIMINAL LIABILITY 11. That the crime be committed in consideration of
a price, reward, or promise
Article 14. Aggravating circumstances. - The following are 12. That the crime be committed by means of
aggravating circumstances: inundation, fire, poison, explosion, stranding of
1. That advantage be taken by the offender of his a vessel or international damage thereto,
public position derailment of a locomotive, or by the use of any
2. That the crime be committed in contempt or other artifice involving great waste and ruin
with insult to the public authorities 13. That the act be committed with evidence
3. That the act be committed with insult or in premeditation
disregard of the respect due the offended party 14. That craft, fraud or disguise be employed.
on account of his rank, age, or sex, or that is be 15. That advantage be taken of superior strength, or
committed in the dwelling of the offended party, means be employed to weaken the defense
if the latter has not given provocation 16. That the act be committed with treachery
4. That the act be committed with abuse of There is treachery when the offender commits
confidence or obvious ungratefulness any of the crimes against the person, employing
5. That the crime be committed in the palace of the means, methods, or forms in the execution
Chief Executive or in his presence, or where thereof which tend directly and specially to
public authorities are engaged in the discharge insure its execution, without risk to himself
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arising from the defense which the offended 3. Ordinary – those which may be offset by a
party might make mitigating circumstance and which if not
17. That means be employed or circumstances offset, will result to the divisible penalty being
brought about which add ignominy to the imposed in its maximum period
natural effects of the act 4. Qualifying – those that change the nature of
18. That the crime be committed after an unlawful the crime
entry. There is an unlawful entry when an 5. Inherent – those that must of necessity
entrance is effected by a way not intended for accompany the commission of the crime, thus
the purpose not considered in increasing the penalty to be
19. That as a means to the commission of a crime a imposed
wall, roof, floor, door, or window be broken 6. Special – those which arise under special
20. That the crime be committed with the aid of conditions to increase the penalty of the
persons under fifteen years of age or by means offense and cannot be offset by mitigating
of motor vehicles, airships, or other similar circumstances
means
21. That the Wrong done in the commission of the Generic Qualifying
crime be deliberately augmented by causing Circumstance can be It cannot be offset by any
other wrong not necessary for its commission offset by an ordinary mitigating circumstance
mitigating circumstance.
Aggravating Circumstances – those which, if attendant If not offset by any Gives the crime its
to the commission of the crime, serve to have the mitigating circumstance, proper and exclusive
penalty imposed in its maximum period provided by increases the penalty to name and places the
law for the offense or those that change the nature of the maximum period author of the crime in
the crime. without exceeding the such a situation as to
limit prescribed by law. deserve no other penalty
They are based on the greater perversity of the than that specially
offender manifested in the commission of the crime as prescribed by law for
shown by: said crimes.
a. the motivating power itself Must also be alleged in Gives the crime its
b. the place of commission the information. proper and exclusive
c. the means and ways employed name and places the
d. the time author of the crime in
e. the personal circumstances of the offender, or such a situation as to
the offended party deserve no other penalty
than that specially
They arise either prior to or simultaneous with the prescribed by law for
commission of the crime. said crimes.

Classifications: Paragraph 1 – Taking advantage of Public Position

1. Generic – they arise either prior to or
simultaneous with the commission of the crime That advantage be taken by the offender of his public
2. Specific – those which apply only to specific position.
crimes
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Elements: Sex – refers to the female sex, not to the male sex. The
1. Offender is a public officer; victim is a female and the accused is a male but this
2. Public officer must use the influence, prestige, does not apply to crimes where sex is inherent as in
or ascendancy of his office as a means to realize abuses against women under R.A. 9262.
his purposes or to commit the crime
Rank – the designation or title of distinction used to fix
Paragraph 2 – In Contempt of, or with Insult to Public the relative position of the offended party reference to
Authorities others. There must be difference in the social condition
of the offender and the offended party.
That the crime be committed in contempt of or with
insult to the public authorities. Dwelling - refers to any structure habitually used by a
person as his place of rest, comfort, privacy and peace
Elements: of mind. It may be man-made or a natural habitat, as a
1. The public authority is engaged in the cave used as residence. What is emphasized is not the
discharge of his duties; appearance but the purpose or use thereof.
2. He is not the person against whom the crime is
committed; Paragraph 4 – With Abuse of Confidence or Obvious
3. The offender knows of the identity of the Ungratefulness
public authority; and
4. Hiis presence has not prevented the offender That the act be committed with abuse of confidence or
from committing the criminal act obvious ungratefulness.

Public Authorities – refer to persons in authorities and There are two aggravating circumstance which must
not to their agents be independently appreciated if present in the same
case.
Person In Authority – person who is directly vested
with jurisdiction and has the power to govern and While one may be related to the other in the factual
execute the laws. situation in the case, they cannot be lumped together
as abuse of confidence requires a special confidential
Agent – subordinate public officer charged with the relationship between the offender and the victim, but
maintenance of public order and protection and this is not so in ungratefulness.
security of life and property.
Abuse of confidence requires the existence of a
Paragraph 3 – Disrespect Due To Rank, Age, Sex relationship between the accused and victim by reason
of which the victim reposed trust and had confidence
That the act be committed (1) with insult or in disregard on the accused, but which the accused abused or took
of the respect due to the offended party on account of advantage of in order to commit the crime.
his rank, age, or sex, or (2) it be committed in the
dwelling of the offended party, if the latter has not Requisites of Abuse of Confidence:
given provocation. 1. The offended party has trusted the offender;
2. The offender abused that trust by committing
Age – refer to old age or tender age of the victim. a crime against the offended party; and

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3. The abused of trust facilitated the commission 4. In a place dedicated to religious worship, even
of the crime if not religious ceremony is going on

If the confidence is reposed by another, the offended Any of these places must have been purposely sought
party is different from the one who reposed the for or they were deliberately chosen. Except for the
confidence and abuse of confidence in that case is not third, the other places mentioned are aggravating per
aggravating. se even if no official duties or religious worship are
being conducted.
Requisites of Obvious Ungratefulness:
1. The offended party has trusted the offender; Paragraph 6 – (a) Nocturnity (b) Uninhabited place and
2. The offender abused that trust by committing (c) Band
a crime against the offended party; and
3. The act be committed with obvious That the crime be committed in the nighttime or in an
ungratefulness uninhabited place, or by a band, whenever such
circumstances may facilitate the commission of the
Obvious ungratefulness or ingratitude presupposes offense.
that the accused was the recipient of some gratuitous
act or benevolence or liberality from the victim for Whenever more than three armed malefactors shall
which he ought to have been grateful, but instead he have acted together in the commission of an offense, it
committed a crime against the said victim. shall be deemed to have been committed by a band.

Paragraph 5 – Commission of a Crime in Certain Places If all these aggravating circumstances concur in the
commission of the crime, all will constitute one
That the crime be committed in the palace of the Chief aggravating circumstance. However, if their element is
Executive, or in his presence, or where public distinctly palpable and can subsist independently, they
authorities are engaged in the discharge of their duties shall be considered independently.
or in a place dedicated to religious worship.
Nocturnity or Nighttime – refers to the period of
The specified places are: darkness between sunset and sunrise or from dawn to
1. Palace of the Chief Executive, even if absent. dusk. No more natural light.
These represent the seat of sovereign
authority and must therefore be respected Uninhabited Place or Solitude (Despoblador) - one
2. Any other place where the president is present, where there are no houses at all; a place at a
provided that the crime was committed within considerable distance from town, or where the houses
his view or hearing or so near as to disrupt or are scattered at a great distance from each other. Thus,
disturb the president; like when the president help to the victims is difficult to come by.
is making the rounds in the market to check on
prices, or where he goes to cut ribbons, or even Band (Cuadrilla) - exists when MORE THAN THREE
play golf armed malefactors shall have acted together in the
3. Where public authorities are in the actual commission of the crime. Thus, there must be four or
performance of their functions, as in their more armed men.
offices inside or outside office

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The requisite four armed persons contemplated in this Paragraph 9 – That the accused is a recidivist
circumstance must all be principals by direct
participation who acted together in the execution of A recidivist is one who, at the time of his trial for one
the acts constituting the crime. crime, shall have been previously convicted by final
judgment of another crime embraced in the same title
If one of them was a principal by inducement, there of this Code.
would be no cuadrilla but the aggravating
circumstance of having acted with the aid of armed Recidivist – is one who, at the time of his trial for one
men may be considered against the inducer if the other crime, shall have been previously convicted by final
two acted as his accomplice. judgment of another crime embraced in the same Title
of the RPC.
Paragraph 7 – On the Occasion of a Calamity or
Misfortune Requisites:
1. Offender is on trial for an offense;
That the crime be committed on the occasion of a 2. He was previously convicted by final judgment
conflagration, shipwreck, earthquake, epidemic, or of another crime;
other calamity or misfortune. 3. Both the first and second offenses are
embraced in the same title of the Code;
Elements: 4. Offender is convicted of the new offense
1. The crime was committed when there was
calamity or misfortune; Paragraph 10 – Habituality or Reiteracion
2. The offender took advantage of the state of
confusion or chaotic condition from such That the offender has been previously punished for an
misfortune offense to which the law attaches an equal or greater
penalty or for two or more crimes to which it attaches
Paragraph 8 – With the Aid of Armed Men or Persons a lighter penalty.
Who Insure or Afford Impunity
Requisites:
That the crime be committed with the aid of armed 1. The accused is on trial for an offense;
men or persons who insure or afford impunity. 2. He previously served sentence for another
offense to which the law attaches an equal or
Requisites: greater penalty or for 2 or more crimes to
1. Armed person took part in the commission of which attaches a lighter penalty than that for
the crime, directly or indirectly the new offense;
2. Accused availed of their aid or relied upon 3. He is convicted of the new offense.
them when the crime was committed.
Paragraph 11 – In consideration of a Price, Promise or
There is no conspiracy between the accused and the Reward
armed men. He merely calls upon them to intimidate,
threaten or break the resistance of the victim. The That the crime be committed in consideration of a
armed men participate in some minor capacity. Thus, price, reward, or promise.
they are merely accomplices.

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Paragraph 12 – By Means of Inundation, Fire, Poison, Advantage Be Taken – the deliberate use of excessive
Explosion, etc. force out of proportion to the means of defense
available to the victim. It connotes inequality of forces
That the crime be committed by means of inundation, based on factors such as: (a) superiority in numbers (b)
fire, poison, explosion, stranding of a vessel or weapons used (c) physique, body built, age, sex (d)
intentional damage thereto, derailment of a others such as the weakened condition of the victim on
locomotive, or by the use of any other artifice involving account of illness, physical defect ort diminished
great waste and ruin. reasoning (e) skill of the accused in unarmed combat
or martial arts
Paragraph 13 – Evident Premeditation
Test for Abuse of Superior Strength
That the act be committed with the evident The relative strength of the offender and his
premeditation. victim and whether or not he took advantage
of his greater strength.
Conditions/Requisites which the Prosecution must
Prove: Paragraph 16 – Treachery
1. The time when the accused determined to
commit the crime Treachery – is present when the offender commits any
2. An act manifestly indicating that the accused of the crimes against the person, employing means,
has clung to his determination methods or forms in the execution thereof which tend
3. Sufficient lapse of time between such directly and specially to insure its execution, without
determination and execution, to allow him to risk to himself arising from the defense which the
reflect upon the consequences of his act and to offended party might make.
allow his conscience to overcome the
resolution of his will Elements:
1. The malefactors employ such means, methods
Paragraph 14 – Craft, Fraud or Disguises or manner of execution that ensures his or her
safety from the defensive or retaliatory act of
That craft, fraud, or disguise be employed. the victim for the latter is not in a position to
defend himself at the time of the attack;
Note: These are referred to as the intellectual means of 2. Such means, method or form of execution is
committing a crime because they involve cunning, consciously or deliberately adopted by the
deception and the use of the intellect. accused (not an on-the spur-of-the-moment
decision).
Requisite: The offender must have actually used craft,
fraud, or disguise to facilitate the commission of the The attack comes without warning and in a swift,
crime. deliberate and unexpected manner, affording the
hapless, unarmed, and unsuspecting victim no chance
Paragraph 15 – Taking Advantage of Superior Strength to resist or escape.

That advantage be taken of superior strength, or Paragraph 17 – Ignominy

means be employed to weaken the defense.

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That means be employed or circumstances brought That the crime be committed with the aid of persons
about which add ignominy to the natural effects of the under fifteen years of age, or by means of motor
act. vehicle, airships, or other similar means.

Ignominy – is a circumstance pertaining to the moral Paragraph 21 – By Inflicting Another Wrong Not
order, which adds disgrace or obloquy to the material Necessary to the Commission (Cruelty)
injury caused by the crime.
That the wrong done in the commission of the crime be
Paragraph 18 – Unlawful Entry deliberately augmented by causing other wrong not
necessary for its commission.
That the crime be committed after an unlawful entry.
Cruelty - making the victim suffer slowly and
There is an unlawful entry when an entrance is effected deliberately. It is synonymous to torture or slow death
by a way not intended for the purpose. If intention was or acts of sadism. It is usually done by inflicting wounds
to take something it is already robbery. on the victim while the victim is still alive and at
intervals of time to cause maximum pain. Or that the
Unlawful Entry – when entrance is effected by a way method of killing involves lingering pain or suffering.
not intended for a purpose. The passage is other than
the door. Requisites:
1. The injury caused be deliberately increased by
Paragraph 19 – Breaking of a Wall, Roof, Floor, Window causing other wrong;
2. The other wrong be unnecessary for the
That as a means to the commission of a crime a wall, execution of the purpose of the offender
roof, floor, door, or window be broken.
ALTERNATIVE CIRCUMSTANCES
These pertains to the wall, roof, floor of a dwelling and
the breaking is for the purpose of gaining ENTRY in Article 15. Alternative circumstances are those which
order to commit a crime inside. Else it is attempted must be taken into consideration as aggravating or
trespass or malicious mischief. If the wall, etc. is broken mitigating according to the nature and effects of the
in order to get out of the place, it is not aggravating. crime and the other conditions attending its
commission. They are the relationship, intoxication and
It is not necessary that the offender should have the degree of instruction and education of the offender.
entered the building. Thus, if the offender broke the
window to enable himself to reach a purse which he The alternative circumstance of relationship shall be
took while his body was outside the building, the crime taken into consideration when the offended party in the
of theft was attended by this aggravating. spouse, ascendant, descendant, legitimate, natural, or
adopted brother or sister, or relative by affinity in the
It is inherent in Robbery With Force Upon Things same degrees of the offender.

Paragraph 20 – (a) With the Aid of a Minor and (b) Use of The intoxication of the offender shall be taken into
a Motor Vehicle consideration as a mitigating circumstance when the
offender has committed a felony in a state of
intoxication, if the same is not habitual or subsequent to
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the plan to commit said felony but when the intoxication consanguinity or affinity within the third civil
is habitual or intentional, it shall be considered as an degree, or the common-law-spouse of the
aggravating circumstance. parent of the victim.

Alternative Circumstances - are those which must be Relationship is Mitigating when:

taken into consideration as aggravating or mitigating a. As a rule, in crimes against property (as in case
according to the nature and effects of the crime, and by a mother- in- law who stole from his son-in –
the other conditions attending its commission. law; robbery, usurpation, fraudulent
insolvency, and arson)
Relationship – it shall be taken when the offended b. In less grave or light offenses where the victim
party is the: is a relative of a lower degree
a. Spouse
b. Ascendant Relationship is Aggravating when:
c. Descendant a. In crimes against person
d. Legitimate, natural or adopted brother or 1. It is aggravating where the offended
sister, or party is a relative of higher degree than
e. Relative by affinity in the same degree of the the offender or when the offender and
offender the offended party are relatives of the
same level
Under Article 15, relatives by consanguinity within the 2. But when it comes to physical injuries
4th civil degree are not included. Also not included is i. It is aggravating when serious
the relationship of uncle and niece. physical injuries even if the
offended party is descendant
Relationship is Exempting when: of the offender. It is also
a. Accessory is related to the principal (Art. 20) aggravating if the offended
b. A spouse does not incur criminal liability for a party is a relative of higher
crime of less serious physical injuries or serious degree of the offender.
physical injuries if it was inflicted after having ii. It is mitigating when less
surprised the offended spouse and the serious or slight physical
paramour actually in the act of having sex. (Art. injuries, if the offended party is
247) a relative of a lower degree.
c. In the crimes of theft, malicious mischief and 3. In the crime of Homicide or Murder,
estafa, if the offender is the spouse, ascendant, relationship is aggravating even if the
or descendant or if the offender is a sister or victim is a relative of lower degree.
brother-in-law of the offended party and they 4. In Rape, relationship is aggravating
are living together. (Art. 332) This is an when a stepfather raped his
absolutory cause stepdaughter or a father raped her
daughter.
Relationship is Qualifying when: b. In crimes against chastity, relationship is
a. Qualified seduction: brother (Art. 337) always aggravating regardless of whether the
b. Rape (Art. 335): when the victim is under 18 offender is a relative of higher or lower degree
years of age and the offender is a parent, of the offended party.
ascendant, step-parent, guardian, relative by c. In crimes against honor
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d. Where the offense is a grave felony Degree Of Instruction And Education

e. If the offense is a less grave or light felony, it is
aggravating if the victim is a relative of an equal What is involved is whether or not the accused finished
or higher degree formal education or schooling. However, what is
considered is not so much the illiteracy or literacy but
Intoxication - is ipso facto mitigating, thus if the the level of intelligence. The emphasis is the lack of
prosecution wants to deny the offender the benefit of sufficient intelligence and knowledge of the full
this mitigating, they should prove that it is HABITUAL significance of one’s actions.
and INTENTIONAL.
Notes:
Presupposes that when the accused committed the a. Some are naturally intelligent and mentally
crime, he had taken in alcohol in such quantity as to alert though illiterate while some literates are
have affected his mental faculties, blurred his densely ignorant
reasoning and diminished his self-control. b. Note that the rule does not apply to persons 15
years of age or below even if naturally
There is no fixed rule as to the minimum quantity of intelligent or gifted in secondary school
alcohol in-take required before it is said that a person’s because they are presumed to be incapable of
mental faculties had been affected. This is dependent forming criminal intent
on several factors such as the type or kind of liquor
taken in. When it is Mitigating

When It is Mitigating Generally, it is mitigating, especially to crimes mala

prohibita, but not to crimes universally condemned as
It is Mitigating if intoxication is not habitual; or evil or those which are mala in se or where the natural
intentional such that the crime is said to be the result law posits the general and obvious rule that said crime
of an impulse or urge or delusion due to the effects of should not be done, like rape, murder, or robbery.
alcohol or if not subsequent to the plan to commit a
felony. When it is Aggravating

When It is Aggravating When the accused has a high degree of education

which he used or availed of to commit or facilitate the
It is aggravating when the intoxication is intentional i.e. commission of the crime.
to strengthen the resolve or to use as shield or excuse;
or habitual. However, the drinking of wine as an PERSONS CRIMINALLY LIABLE FOR FELONIES
appetizer is not included.
Article 16. Who are criminally liable. - The following are
Note: When it is proven that the accused was criminally liable for grave and less grave felonies:
intoxicated when he committed the crime, the 1. Principals.
presumption is in favor of mitigation and it is for the 2. Accomplices.
prosecution to prove it was intentional or habitual. 3. Accessories.

The following are criminally liable for light felonies:

1. Principals.
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2. Accomplices. 2. Those who directly force or induce others to

commit it;
The classification into principals, accomplices and 3. Those who cooperate in the commission of the
accessories is based on the Degree of Participation in offense by another act without which it would
the commission of a crime where at least two persons not have been accomplished.
participated.
Three Types Of Principals
This classification does not apply to violations of 1. Those who take a direct part in the execution
special laws where the violators are referred to plainly of the act;
as offenders, violators, culprits or criminals EXCEPT if 2. Those who directly force or induce others to
the latter provides for the same graduated penalties as commit it; and
those of RPC. 3. Those who cooperate in the commission of the
offense by another act without which it would
The classification into the three major classes does not not have been accomplished.
apply if the several offenders acted in conspiracy as all
will be considered as principals. There are three kinds of principals depending on the
nature of their participation in the commission of the
The purposes of the classification is to determine the crime. However, irrespective of what type of principal
proper penalty to be imposed upon the accused. This is they belong, their penalty will be the same.
one of the factors in determining the proper penalty to
be actually imposed. Paragraph 1 – Principal By Direct Participation (PDP)

When there are several participants, the first thing to Principal By Direct Participation (PDP) – refers to
do is find out if there is CONSPIRACY. However, if the those who actually and directly take part in the
participation of one is so insignificant, such that even execution of the act. In all crimes there must always be
without his cooperation, the crime would be those who actually perform the act which brings about
committed just as well, then notwithstanding the the crime. They may be only one person or more.
existence of a conspiracy, such offender may be Whenever there are two or more involved in a crime, it
regarded only as an accomplice. The reason for this is becomes necessary to find out those who actually
that the law favors a milder form of criminal liability if executed the act so that all may be held equally liable.
the act of the participant does not demonstrate clear
perversity. Requisites:
1. That they participated in the criminal
Accessories are not liable for light felonies. resolution; and
Reason: In the commission of light felonies, the 2. That they carried out their plan and personally
social wrong as well as the individual prejudice took part in its execution by acts which directly
is so small that penal sanction is unnecessary. tended to the same end

Article 17. Principals. - The following are considered Paragraph 2 – Principals By Inducement (PI)
principals:
1. Those who take a direct part in the execution of Principals By Inducement (PI) – those who induce PDP
the act; to commit a crime. One strong enough that the person
induced could hardly resist. This is tantamount to an
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irresistible force compelling the person induced to by previous or simultaneous acts. They are also
carry out the execution of the crime. Advised language referred to as the “Accessories Before the Fact”.
is not enough, unless he who made such remark or Requisites:
advise is a co-conspirator in the crime committed. 1. That there be community of design; i.e.,
knowing the criminal design of the principal by
Requisites: direct participation, he concurs with the latter
1. That the inducement be made directly with the in his purpose;
intention of procuring the commission of the 2. That he performs previous or simultaneous
crime acts that are not indispensable to the
2. That such inducement be the determining commission of the crime; and
cause of the commission of the crime 3. That there be a relation between the acts done
by the principal and those attributed to the
Paragraph 3 - Principals By Indispensable Cooperation person charged as an accomplice
(PIC)
There is no conspiracy between the accomplice and the
Principals By Indispensable Cooperation (PIC) – those PDP but there is community of design between them.
who cooperate in the commission of the offense by
another act without which it would not have been The cooperation of the accomplice is not indispensable
accomplished. There must be a community of design or in that the crime would still be accomplished even
common purpose between the PIC and the PDP, but without his cooperation. His cooperation or assistance
not a conspiracy. may facilitate or make easier the commission the crime
but the crime would still be accomplished anyway.
The PIC knows or is aware of the intention or purpose
of the PDP and he cooperates or concurs in its The acts of the accomplice must however be related to
realization by performing an act without which the the acts of the PDP but they merely show that the
offense would not have been accomplished. accomplice agrees, approves or concurs with what the
PDP intends to do or what he has done.
Requisites:
1. Participation in the criminal resolution, that is, Accomplice Principal By
there is unity of criminal purpose and intention Indispensable
immediately before the commission of the Cooperation
crime charged Acts of an accomplice Cooperation of the PIC is
2. Cooperation in the commission of the offense are not indispensable to one without which the
by performing another act, without which it the consummation of offense would not have
would not have been accomplished the offense in that the been accomplished.
crime would still be
Article 18. Accomplices. - Accomplices are those persons consummated even
who, not being included in Article 17, cooperate in the without his cooperation
execution of the offense by previous or simultaneous No conspiracy between Conspiracy exists
acts. the accomplice and the between the PIC and the
PDP. PDP.
Accomplices - those persons who, not being included
in article 17, cooperate in the execution of the offense
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Accomplice Co-conspirator accomplices, take part subsequent to its commission in

Liability is one degree Liability is collective, not any of the following manners:
lower than that of the individual 1. By profiting themselves or assisting the
principal offender to profit by the effects of the crime;
Came to know of the Know of the criminal 2. By concealing or destroying the body of the
criminal intention after intention as he is one of crime, or the effects or instruments thereof, in
the principals have the authors order to prevent its discovery
reached a decision 3. By harboring, concealing or assisting in the
Merely concur and Decide to commit the escape of the principals of the crime, provided
cooperate in the crime the accessory acts with abuse of his public
commission of the crime functions or whenever the author of the crime
Merely the instruments Authors of the crime is guilty of treason, parricide, murder, or an
who perform acts not attempt to take the life of the Chief Executive,
essential for the or is known to be habitually guilty of some
perpetration of the other crime
offense.
Acts are not Acts are indispensable Principal Accessories
indispensable Takes direct part or Does not Take direct part
cooperates in, or induces or cooperates in, or
Article 19. Accessories. - Accessories are those who, the commission of the induces the commission
having knowledge of the commission of the crime, and crime of the crime
without having participated therein, either as principals Cooperates in the Does not cooperate in
or accomplices, take part subsequent to its commission commission of the the commission of the
in any of the following manners: offense by acts either offense
prior thereto or
1. By profiting themselves or assisting the offender simultaneous therewith
to profit by the effects of the crime. Participates during Participation is
2. By concealing or destroying the body of the commission of the crime subsequent to the
crime, or the effects or instruments thereof, in commission of the crime
order to prevent its discovery.
3. By harboring, concealing, or assisting in the Article 20. Accessories who are exempt from criminal
escape of the principals of the crime, provided liability. - The penalties prescribed for accessories shall
the accessory acts with abuse of his public not be imposed upon those who are such with respect to
functions or whenever the author of the crime is their spouses, ascendants, descendants, legitimate,
guilty of treason, parricide, murder, or an natural, and adopted brothers and sisters, or relatives by
attempt to take the life of the Chief Executive, or affinity within the same degrees, with the single
is known to be habitually guilty of some other exception of accessories falling within the provisions of
crime. paragraph 1 of the next preceding article.

Accessories – are those who, having knowledge of the Who are Exempt
commission of the crime, and without having
participated therein, either as principals or The penalties prescribed for accessories shall not be
imposed if the principal is his:
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a. Spouse
b. Ascendant
c. Descendant
d. Legitimate, natural and adopted brothers and
sisters, or
e. Relatives by affinity within the same degree

In other words, those who are accessories under

paragraph (b) and (c) if the principal is a relative. With
the SINGLE EXCEPTION of accessories falling within the
provisions of paragraph 1 of the next preceding article.
The relatives are the same as those under Article 15
(Relatives by consanguinity within the 4th civil degree
are NOT exempted).

[ End of Semi-Final Lecture ]

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