Crimllaw I Finals Reviewer PDF

CRIMLAW I FINALS REVIEWER Santos, Krishza Lee R. BSLM 4...

CRIMLAW I FINALS REVIEWER Santos, Krishza Lee R. BSLM 4A MALA IN SE MALA MAIN CHARACTERISTICS OF PH CRIMINAL LAW PROHIBITA 1. Generality there must be a sufficient that the GR: Under Article 14 of NCC, penal laws are binding criminal intent; prohibited act was upon all who live or sojourn in the Philippine territory. AS TO inherently wrong; done; wrong merely CONCEPT XPN: Treaty stipulations and international agreements, generally punishable bcs it is prohibited by under the RPC; a law; generally laws of preferential application (not applicable for punishable under consuls), principles of public international law, public special laws; vessels of foreign friendly power, members of foreign country stationed in the Philippines with its consent, or mitigating and not considered, AS TO the members of the Congress under its privileged aggravating unless the special law ATTENDING circumstances are has adopted the scale speech during a regular or special session. CIRCUMSTANCES considered for its of penalties under the penalties RPC 2. Territoriality GR: The penal laws have force and effect only within can invoke good faith, cannot invoke good its territory. AS TO lack of criminal faith or lack of LEGAL XPN: Under Article 2 of the RPC intent, or negligence criminal intent as a IMPLICATION as a valid defense valid defense 1. Offenses committed while on a registered Philippine ship or airship; AS TO liable even when it is liable only when the 2. Forge or counterfeit any coin or currency note CRIMINAL only attempted or crime is of the Philippine islands or obligations and LIABILITY frustrated consummated securities issued by the Philippine government; penalty is based penalty is the same to 3. Should be liable for acts connected with the AS TO whether the offender all offenders as they introduction into the Philippines of such DEGREE OF is the principal, are all deemed obligations and securities; PARTICIPATION accomplice or principals 4. Offenses committed by public officers or accessory employees in the exercise of their functions; or  CRIMLAW I FINALS REVIEWER Santos, Krishza Lee R. BSLM 4A 5. Crimes against national security and the law of 1. The new law is expressly made inapplicable to pending nations. actions or existing causes of actions; or 2. When the offender is a habitual delinquent. Extraterritoriality - the law is still binding even outside the territorial jurisdiction of the state. Example: Crimes perpetrated aboard foreign vessels are INTERPRETATION OF PENAL LAWS - when the law is clear and generally triable in the courts of the country within the territory unambiguous, there is no room for interpretation but only for the in which they were committed, regardless of the nationality of application of the law. If there’s ambiguity: the offender. (2019 BAR) 1. Penal laws are strictly construed against the State and liberally in favor of the accused. ENGLISH RULE FRENCH RULE 2. The Spanish text is controlling for the interpretation of the provisions of the RPC. Crimes are not triable in the Crimes are triable in the country, courts of that country, unless unless they merely affect things their commission affects the within the vessel or they refer to Doctrine of Pro Reo peace and security of the state. its internal management. Penal laws must be construed liberally since under the (APPLICABLE IN PH) constitution, an accused shall be presumed innocent until proven guilty beyond reasonable doubt. 3. Prospectivity It is when a penal law has two interpretations, one lenient to GR: Crimes will be applied in accordance with the relevant the offender and one strict to the offender, that interpretation penal laws if committed after the effectivity of those penal laws which is lenient or favorable to the accused must be adopted. as the law enforced at the time of the commission of the crime should be applied. Equipoise Rule XPN: Under Article 22 of the RPC, penal laws shall have a If there’s doubt on which side the evidence is in favor, as it is retroactive effect if in favor of the accused, although a final evenly balanced between the prosecution and accused, it must sentence has been pronounced and the convict is serving the be then in favor of the accused. same. It is when the evidence presented by the prosecution and the XPN to the XPN: the new law cannot be given retroactive defense are equal, the decision of the court shall be in favor of effect even if favorable to the accused when: the accused.  CRIMLAW I FINALS REVIEWER Santos, Krishza Lee R. BSLM 4A RETROACTIVE EFFECT OF PENAL LAWS: Omission - inaction or failure to perform a positive duty which one is GR: Penal laws are applied prospectively. bound to do and which is also required by law to be done or performed XPN: Penal laws are applied retroactively if in favor of the accused, unless: Offense - acts or omissions not punishable by the RPC 1. The offender is a habitual delinquent; and 2. The new and amendatory law expressly provides its Felonies - acts or omissions punishable by the RPC retrospective application. ELEMENTS OF FELONIES: 1. An act or omission; CONSTITUTIONAL LIMITATIONS ON THE POWER OF THE 2. Punishable by the RPC; and CONGRESS TO ENACT PENAL LAWS: 3. The act is performed or the omission incurred by means of deceit or fault 1. Equal protection - it must be binding to all; general in application; equal protection to persons and property KINDS OF FELONIES 2. Due process - it must observe substantive and procedural due 1. Intentional Felonies (Dolo) - committed with deliberate intent process or with malice to cause harm or injury to another - REQUISITES OF DOLO: 3. Bill of Attainder - legislative act that inflicts punishment i. Criminal Intent (mens rea) - it is the intent to without trial which is prohibited as a person cannot be commit an act with malice; mental state which imprisoned without trial is shown by overt acts; and presumed from the moment it is proven that an unlawful act was 4. Ex post Facto Law - an act which was not considered a crime committed; hence, if no criminal intent, no when committed, cannot be punishable when there’s a new law criminal liability since the act is justified or statute; makes criminal an act done before the actual law; it ii. Freedom of action - the offender voluntarily may aggravate a crime committed the act or omission; no freedom of action, offender is exempt from liability 5. Cruel and unusual punishment - penal laws must not impose iii. Intelligence - it is the capacity to know and excessive fines understand the consequence and morality of  CRIMLAW I FINALS REVIEWER Santos, Krishza Lee R. BSLM 4A such act; no intelligence, offender is exempt CATEGORIES OF INTENT IN CRIMINAL LAW: from liability 1. General Criminal Intent - does not require proof since it is presumed from the mere doing of a wrong act (or 2. Culpable Felonies (Culpa) - where the wrongful acts result actus reus) from negligence, imprudence, lack of foresight or lack of skill, 2. Specific Criminal Intent - not presumed and must be regardless if it is unintentional or without malice alleged in the Information since it is an ingredient or - REQUISITES OF CULPA: element of a crime, hence, must be established and 1. Criminal negligence - the crime was resulted proven first by the prosecutor from negligence, reckless imprudence, lack of GR: Criminal intent is always presumed to exist as long as foresight, or lack skill, by the offender there’s a proof of the commission of an unlawful act 2. Freedom of action - the offender was not acting XPN: When there’s proof of lack of intent and if crime is a under duress mala prohibita crime or a culpable felony (by negligence or 3. Intelligence - the offender acted negligently imprudence) CRIMES THAT CANNOT BE COMMITTED THROUGH CULPA: murder, treason, robbery, and Motive malicious mischief It is the moving power or force which impels a person to a cause the desired result Negligence - deficiency of action and lack of foresight or failure to GR: Motive is not an element of a crime and is immaterial for pay proper attention and to use due diligence in foreseeing injury or the determination of a criminal liabilit damage to be caused XPN: Motive is material when: Imprudence - deficiency of perception and lack of skill or the failure 1. Variant crime to take necessary precaution to avoid injury or damage to another 2. Identity of the accused is doubtful 3. Evidence is purely circumstantial Mens rea - criminal intent or evil mind 4. Truth between two versions of killing or theories 5. No eyewitness and the suspicion is likely to fall upon Intent - refers to the use of particular means to execute the desired persons result which is a mental state that is shown by overt acts  CRIMLAW I FINALS REVIEWER Santos, Krishza Lee R. BSLM 4A CLASSIFICATIONS OF FELONIES (Article 9 of the RPC) CRIMINAL LIABILITY (Article 4 of the RPC) - is incurred by any person: 1. GRAVE - those to which the law attaches the capital 1. Committing a felony although the wrongful act done be punishment or penalties which in any of their periods are different from that which he intended; afflictive, in accordance with Article 25 of the RPC. 2. Performing an act which would be an offense against persons The principals, accomplices, and accessories are liable. or property, were it not for the inherent impossibility of its accomplishment or on account of the employment of 2. LESS GRAVE - those which the law punishes with penalties inadequate or ineffectual means. which in their maximum period are correctional, in accordance with Article 25 of the RPC. PART 1. Committing a felony although the wrongful act done be 3. LIGHT - those infractions of law for the commission of different from that which he intended; which the penalty of arresto menor or a fine not exceeding P40,000, or both, is provided. Proximate Cause Doctrine Only the principals and their accomplice are liable. It is the cause that produces the injury, which, in natural and Examples: slight physical injuries, theft, malicious continuous sequence, unbroken by any efficient intervening mischief, intriguing against honor, alarms and scandals cause, and without this, the result or the injury or damage would have not occurred. GR: Light felonies are punishable only when they are The offender is criminally liable for all the consequences of his consummated, since if it’s not consummated, the wrong felonious act, even if not intended, as long as it is the done is so slight that a penalty is unnecessary as it proximate cause of the felony. involves insignificant moral and material injuries. It does not require the offender to actually touch the body since it is enough that he generated in the mind of the offended party XPN: Light felonies are punishable in all stages when the belief that made him risk himself. committed against persons or property. In a case when there has been an injury inflicted sufficient to cause death, the presumption will be that the injury is the proximate cause of death, as long as the victim was in normal health and the death ensued within a reasonable time.  CRIMLAW I FINALS REVIEWER Santos, Krishza Lee R. BSLM 4A REQUISITES OF PROXIMATE CAUSE: the victim acquired the tetanus from the stabbing, the 1. The direct, natural, and logical cause symptoms would have appeared a lot sooner. 2. Produces the injury or damage Example: In a case when the victim threw himself into the 3. Unbroken by any efficient intervening cause; and water and died of drowning when the offender threatened to 4. Without which, the result would not have occurred. kill him, the offender is still liable since there was no efficient PROXIMATE CAUSE COULD BE NEGATED BY: intervening cause. If the accused creates an immediate sense of 1. Active force, distinct act, or fact absolutely foreign danger in the mind of the victim, which causes the victim to try from the felonious act of the accused, which was the to escape and while doing so, injures himself, the accused shall intervening cause; or still be liable. 2. The resulting injury or damage is due to the intentional act of the victim. Immediate Cause REQUISITES FOR ITS APPLICATION: It is when the reason for the injury is not the actual cause or a. That an intentional felony has been committed; and consequence of the act of the offender. b. That the wrong done to the aggrieved party be the The injury is remote and far from the actual act committed by direct, natural, and logical consequence of the felony the offender. committed by the offender. - When considered as the direct, natural and Efficient Intervening Cause logical consequence? It is an intervening force which is distinct or absolutely foreign i. Blow was efficient cause of death; from the felonious act committed by the accused. ii. Blow accelerated death; or CIRCUMSTANCES WHICH ARE NOT CONSIDERED AS iii. Blow was the proximate cause of death EFFICIENT INTERVENING CAUSE: Example: In a case when the offender stabbed the victim using 1. The weak physical condition of the victim; a sharpened bamboo stick, the victim was treated as an 2. The nervousness of the victim; outpatient but later died after 22 days of tetanus infection 3. Causes which are inherent to the victim, like the secondary to the stab wound. The proximate cause of the inability to swim; victim’s death is the tetanus infection since there was an 4. Refusal of the injured party to have medical attendance; interval of 22 days between the date of stabbing and the tetanus 5. Erroneous or unskillful medical treatment; or infection when he was rushed to the hospital before he died. If 6. Delay in the medical treatment.  CRIMLAW I FINALS REVIEWER Santos, Krishza Lee R. BSLM 4A Example: In a case when the accused and the victim had a The persons involved are the offender and the actual quarrel and started hacking each other, the victim was wounded but unintended victim. but they compromised and was then treated and the accused As a general rule, if the penalty of the intended crime paid for the damages. After so many weeks, the wound has and the crime actually committed are different, the healed but the victim still died of tetanus poisoning. The lesser penalty shall be imposed in its maximum period offender is not liable since the tetanus infection was not from and it becomes a mitigating circumstance. the wound inflicted by him as the incubation period of the - XPN: The higher penalty of the attempted or tetanus bacteria is only 2 weeks. The efficient intervening frustrated crime shall be imposed in its cause which relieves the accused of any liability for the death maximum period, if the felonious act also of the victim was the fact that the victim was working in his constitutes another frustrated or attempted farm where the soil is filthy and have acquired the tetanus. crime. In the case of People vs. Oanis, the accused were liable Causes which may produce a result different from that which the for murder qualified with treachery, because they did offender intended: (2019 BAR) not make reasonable inquiry to verify the identity of the person sleeping. Hence, they cannot invoke a mistake 1. MISTAKE IN BLOW (aberratio ictus) of fact or act in the exercise of their duty as police A person directed the blow at an intended victim, but officers, as they have acted with malice by intentionally landed on somebody else because of poor aim. causing the injury with a mistake of identity only. The persons involved are the offender, intended victim, and the actual victim. 3. INJURIOUS CONSEQUENCE ARE GREATER THAN Attempted felony was committed to the intended THAT INTENDED (praeter intentionem) victim, while consummated or frustrated felony was The injury is on the intended victim, but the result has a committed to the actual victim. greater consequence or harm than what was intended. It may be a complex crime under Article 48 since it It becomes a mitigating circumstance if there is a resulted from a single act. notable disparity between the means employed or the act committed by the offender and the resulting felony, 2. MISTAKE IN IDENTITY (error in personae) which cannot be foreseen from the acts of the offender. The offender intends to harm a particular person, but it was done on another person.  CRIMLAW I FINALS REVIEWER Santos, Krishza Lee R. BSLM 4A Mistake of Fact It is inherently impossible if under any and all circumstances, It is the misapprehension of facts on the part of the person who the crime could not have materialized. causes injury to another. The penalty imposed shall be that of arresto mayor. The accused is not criminally liable because he did not act with The reason for penalizing this is to teach the offender a lesson criminal intent. because of his criminal perversity. In order for the act to be justified, the facts must be true as the It is a formal crime in its nature because it is either accused them to be. consummated or not at all, as there is no attempted or frustrated It is a valid defense only for intentional felonies. impossible crime. REQUISITES: REQUISITES OF IMPOSSIBLE CRIME: 1. The act done would have been lawful if the facts are 1. Act performed would an offense against persons or what the accused believed them to be; property 2. The intention of the accused in performing the act is 2. Act was done with criminal intent lawful; and 3. Accomplishment is inherently impossible or means 3. That the mistake must be without fault or negligence on employed is either inadequate or ineffectual; and the part of the accused. 4. Act performed should not constitute a violation In the case of U.S. v. Ah Chong, there was a mistake of fact under the RPC. because the killing committed would have been justified if the In the case of People v. Hesson Callao and Junello Amad, G.R. fact would have been what Ah Chong believed. No. 228945, 14 Mar. 2018, the accused claimed that he must only be charged with the commission of an impossible crime as PART 2. Performing an act which would be an offense against persons he only stabbed the victim 2 times in the chest after the other or property, were it not for the inherent impossibility of its offender attacked the victim. He is not correct because the third accomplishment or on account of the employment of inadequate or requisite was not met since the victim’s fact of death before he ineffectual means. stabbed the victim was not sufficiently established as he only based it on the ground of motionless, and not by checking the Impossible Crime pulse, heartbeat or breathing. The offender must believe that he can consummate the intended crime. There must be either legal impossibility or physical impossibility of accomplishing the intended crime.  CRIMLAW I FINALS REVIEWER Santos, Krishza Lee R. BSLM 4A KINDS OF INHERENT IMPOSSIBILITY: frustrated crimes, the means are adequate and sufficient, but 1. Legal Impossibility - it is when the intended acts the intended crime was not produced because of either causes would not be considered a crime even if completed, like independent of the will of the perpetrator, or some cause or killing a person who is already dead accident other than his own spontaneous desistance. 2. Physical or Factual Impossibility - it is when there Employment of ineffectual means is when the means was extraneous circumstances that prevented the employed cannot in any way produce the intended crime, like consummation of the intended crime and the accused in the case when the offender fired a gun but no bullet came did not know about it, like pickpocketing an empty out because it was empty. wallet (2018 BAR) Unconsummated felonies have the possibility to be In the case of Intod v. CA, G.R. No. 103119, 21 Oct. 1992, the accomplished, but the intent is not accomplished as it was just crime was an impossible crime, and not attempted murder, prevented by intervention of a certain cause or accident other because the culprits thought that the intended victim was than his own spontaneous desistance, while for impossible already in her room as they fired it with bullets. The factual crimes, the intent is not, and cannot be, accomplished, because situation here presents a physical impossibility which rendered it is inherently impossible to accomplish or because the means the intended crime impossible of its accomplishment. employed by the offender was inadequate or ineffectual. In the case of Jacinto v. People, G.R. No. 162540, 13 July In a case when the offender gave the intended victim a poison, 2009, there was an impossible crime of theft since the offender but the victim did not die because the poison was actually showed her intent to gain or be unjustly enriched when she powdered milk. He is still liable for an impossible crime unlawfully took the check meant for another. Were it not for because he had an intent to kill and tried to poison the victim if the fact that the check bounced, she would have received its only he knew that it was not the actual poison. (BAR EXAM) face value. Hence, it was only due to extraneous circumstances of the check being unfunded, which is a fact unknown to her Stages in Committing a Crime that time, that prevented the crime from being produced. 1. Internal acts - mere ideas in the mind of a person are not Employment of inadequate means is the use of means whose punishable, although if it is carried out, it would constitute a quality or quantity is insufficient to produce the intended crime. felony, like in case of frustrated murder but only a small 2. External acts - include: quantity of poison was unintentionally used by the offender. a. Preparatory acts - do not have have a direct connection For impossible crime, the means are inadequate that’s why the with the crime that the offender intends to commit intended crime was not produced, while for attempted or GR: not punishable  CRIMLAW I FINALS REVIEWER Santos, Krishza Lee R. BSLM 4A XPN: when expressly provided or when not independent of the will of the perpetrator; but the considered as independent crimes (like offender is only liable for physical injuries. possession of picklocks) b. Acts of execution - punishable under the RPC 2. FRUSTRATED - It is when the offender performs all the acts of execution which would produce the felony as a result, Phases of Felony but which nevertheless do not produce it by reason of 1. Subjective Phase cause independent of the will of the perpetrator. - starting from the point where the offender begins up to - Like for the attempted stage, the offender has not that point where the offender has still control over his accomplished his criminal purpose. acts - The offender has performed all the acts of execution. - if not yet passed, it would be a mere attempted felony; - The offender has reached the objective phase. and if it already passed and he has no more control over - In the case of People v. Honrada, G.R. No. 112178-79, his acts, but if it is not produced, it is then frustrated 21 Apr. 1995, the crime was only frustrated and not felony only consummated because the victim was given immediate 2. Objective Phase - the offender has performed until the last act medical treatment and survived. of the commission of the felony and is no longer in control - In the case of Etino v. People, G.R. No. 206632, 14 Feb. 2018, the accused is not liable for frustrated or attempted homicide when he only fired a single shot at Stages of Execution (Article 6 of the RPC) close range and did not hit any vital part of the victim’s body. It cannot be reasonably concluded that his use of 1. CONSUMMATED firearms was sufficient proof that he had intended to - It is when all the acts necessary for its accomplishment kill the victim. Hence, he is only liable for physical and execution are present. injuries. - In a case where the offender conceived the idea of - Crimes without frustrated stage: rape, corruption of killing his wife by a poison, but then had a change of public officers, physical injury, adultery, and theft heart so he gave her an antidote, it is not considered a frustrated or attempted parricide, since the reason was  CRIMLAW I FINALS REVIEWER Santos, Krishza Lee R. BSLM 4A 3. ATTEMPTED ATTEMPTED FRUSTRATED CONSUMMATED - It is when the offender commences the commission of a felony directly by overt acts and does not perform all Overt acts of All acts of All the acts the acts of execution which should produce the felony, execution execution are of execution by reason of some cause or accident other than his own started. present. are present. Not all acts Crime sought The result spontaneous desistance. of execution to be sought is - It must be directly linked to the overt acts performed by are present. committed is achieved. the offender, not only the felony he has in mind. Due to some not achieved. The offender - Like for the frustrated stage, the offender has not also cause or Due to has reached accomplished his criminal purpose. accident intervening the objective - The offender only commenced the commission of an other than the cause phase. act directly by overt acts, but did not perform all the offender’s independent spontaneous of the will of acts of execution, and did not pass the subjective phase. desistance. the - In the case of People v. Laylo, G.R. No. 192235, 06 July The offender perpetrator. 2011, there was an attempted illegal sale of dangerous has not The offender drugs when the identities of the buyer and seller are passed the has reached present. It is when the offender, as the seller, offered to subjective the objective sell the shabu to the civilian-police officers, as the phase. phase. buyer. But the consummated sale of the drugs was aborted when the civilian-police officers introduced INSTANCES WHEREIN THE STAGES OF A CRIME WILL themselves and arrested the offender. NOT APPLY: - In a case where a doctor conceived the idea of killing 1. Offenses punishable by Special Penal Laws, unless provided; his wife by poisoning her, but suddenly had a change of 2. Formal crimes (like slander, adultery, false testimony, etc.) heart and gave her an antidote, is not liable for 3. Impossible crimes; attempted parricide. The doctor already performed all 4. Crimes consummated by mere attempt or proposal or by overt acts of execution but the cause which prevented the act (like treason, corruption of minors, etc.); consummation of the crime was not independent of the 5. Felonies by omission; and will of the perpetrator. He is only liable for physical 6. Crimes committed by mere agreement (like betting in sports, injuries. corruption of public officers, etc.)  CRIMLAW I FINALS REVIEWER Santos, Krishza Lee R. BSLM 4A Overt Acts - some physical activity or deed that indicates the CONSPIRACY AND PROPOSAL TO COMMIT FELONY intention to commit a crime. It is more than a mere planning or (Article 8) preparation as it would be an offense if not for external Conspiracy and proposal to commit felony are punishable only obstacles or by voluntary desistance of the perpetrator. in the cases in which the law specifically provides a penalty Indeterminate Offense - it is where the purpose of the therefore. offender in performing an act is not certain, and its nature and A conspiracy exists when 2 or more persons come to an relation to its objective is ambiguous. In the case of People v. agreement concerning the commission of a felony and decide Jugueta, G.R. No. 202124, where a person enters a house of to commit it. another, but before he could do anything, he was already There is a proposal when the person who has decided to apprehended by the household members. He cannot be charged commit a felony proposes its execution to some other persons. with attempted robbery since the act of entering alone is not yet It is punishable in cases of treason, rebellion or insurrection, indicative of robbery, even if he may have planned to do so. sedition, and monopolies and combinations in restraint of trade. Instead, he is liable for trespassing only. ELEMENTS: Spontaneous Desistance - it is on the part of the offender that 1. 2 or more persons negates the criminal liability in the attempted stage. It occurs 2. Agreement (to commit felony) when an offender voluntarily stops the commission of a felony 3. Decision (to execute felony) before it is fully consummated, thereby avoiding all the legal KINDS OF CONSPIRACY: consequences. 1. Express - there is an expressed agreement and decision 2. Implied - deduced from the commonality of criminal CRITERIA INVOLVED IN DETERMINING THE STAGES OF design and collective participation EXECUTION OF A CRIME: 1. Manner of committing the crime CONSPIRACY PROPOSAL 2. Elements of the crime; and 3. The nature of the crime itself There is an agreement A person has decided to among 2 or more persons commit a crime. to commit a crime. He proposes its They all decided to commission or execution commit a crime. to another person. There's a meeting of It is true only up to the minds between the point where the party to  CRIMLAW I FINALS REVIEWER Santos, Krishza Lee R. BSLM 4A participants towards a whom the proposal was 2. When the penalty is excessive common goal or criminal made has not yet In the same way, the court shall submit to the Chief objective. accepted the proposal. Executive, through the DOJ, such a statement as may No overt act since it is Once the proposal is be deemed proper, without suspending the execution of only a preparatory act. accepted, a conspiracy the sentence, when a strict enforcement of the GR: if there has been a arises. provisions of RPC would result in the imposition of a conspiracy to commit a It is unilateral as one clearly excessive penalty, taking into consideration the crime in a particular party makes a proposition place, anyone who did to the other degree of malice and the injury caused by the offense. not appear shall be The penalty appears to be excessive because the presumed to have accused acted with lesser degree of malice and there is desisted. no injury or the injury caused is of lesser degree only. XPN: unless the person who did not appear was the mastermind. SUPPLETORY APPLICATION OF THE RPC It must be alleged in the information, otherwise, Provisions of the Revised Penal Code may be applied the court will not suppletorily to special laws or correlate the violated special law consider the same. if needed to avoid injustice. It is bilateral as it requires at least 2 parties. Circumstances Affecting Criminal Liability: DUTY OF THE COURTS IN CASE OF NON-PUNISHABLE 1. Justifying circumstances ACT AND EXCESSIVE PENALTY (Article 5) 2. Exempting circumstances 1. Act that should be repressed 3. Mitigating circumstances Whenever a court has knowledge of any act which it 4. Aggravating circumstances may deem proper to repress and which is not 5. Alternative circumstances punishable by law, it shall render the proper decision and shall report it to the Chief Executive, through the DOJ, the reasons which induce the court to believe that such act should be made subject of legislation.  CRIMLAW I FINALS REVIEWER Santos, Krishza Lee R. BSLM 4A Other circumstances under RPC that affect criminal liability: The burden of proof is still with the prosecution, but the burden 1. Absolutory causes of prosecution or evidence is shifted to the accused as he must It has the effect of an exempting circumstance as it is prove all the indispensable ingredients of such defense. predicated on lack of voluntariness. Example: Spontaneous desistance in attempted felonies. SELF-DEFENSE 2. Extenuating circumstances It is not only the defense of the person or body of the one It has the effect of mitigating the criminal liability of assaulted, but also: the offender. a. Defense of the person’s home Example: For the offense of infanticide, the b. Defense of rights protected by law concealment of dishonor is an extenuating circumstance c. The right to honor when the pregnant woman and the maternal d. The defense of property rights with an attack upon the grandparents are concerned, in which the liability of the person of the owner of the premises. pregnant woman will be mitigated if her purpose is to In the case of Rugas v. People (G.R. No. 147789, 14 Jan. conceal dishonor. 2004), a slap on the face is considered as unlawful aggression Example: In case of adultery under Article 333, if the since the face represents a person and his dignity, and may be accused committed the offense while being abandoned liable for physical injuries if serious. Hence, self-defense can without justification, the penalty next lower in degree be invoked as a right to honor. shall be imposed. In the case of People v. Narvaez (G.R. Nos. L-33466-67, 20 Apr. 1983), defense of property rights can be invoked as self-defense when the accused punches the victim who Justifying Circumstances (Article 11) snatches his watch inside a running passenger jeep and fell, GR: No criminal and civil liability which causes his death. Hence, the accused is not criminally XPN: State of Necessity - civil indemnity only because the liable for the defense of his property rights. offender caused damage to the victim but spared their own The person defending himself cannot be expected to think properties from consequent damages, in line with the rule clearly as to control his blow. The killing of the unlawful against unjust enrichment. aggressor or the victim may be justified as long as the The act committed is in accordance with the law, hence, it is requisites of self-defense are present. justified because there is lack of criminal intent. REQUISITES:  CRIMLAW I FINALS REVIEWER Santos, Krishza Lee R. BSLM 4A 1. Unlawful aggression 2. Reasonable necessity of the mean employed to prevent or There must be an actual, sudden and unexpected attack, repel it or imminent danger thereof, not merely a threatening or Doctrine of Rational Equivalence explains that the intimidating attitude, and there is a proof of a positively reasonable necessity of the means employed is not strong act of real aggression on the part of the offended based on the weapons used or the harm or injury done, party. but the reason of the accused which moves or impels It is an indispensable requisite or condition sine qua him for defense. non for self-defense to arise and for the other requisite Factors considered in determining the reasonableness of to be based on. the means employed by the person defending himself: Elements: a. Means were used to prevent or repel; a. There must be a physical or material attack or b. Means must be necessary and there is no other assault; way to prevent or repel it; and b. The attack or assault must be actual, or at least c. Means must be reasonable, depends on the imminent; and circumstances, but generally proportionate to c. The attack or assault must be unlawful. the force of the aggressor. In relation to mistake of fact, the belief of the accused In the cases of People v. Olarbe (G.R. No. 227421, 23 may be considered in determining the existence of July 2018), the large number of wounds inflicted on the unlawful aggression. Example is when the aggressor victim was considered, which indicates the intent to kill used a toy gun, but the accused believed it to be a real the accused. Hence, the reasonableness of the means gun, there is still self-defense. employed is not to prevent or repel the unlawful act of In the case of Matic v. People (G.R. No. 180219, 23 the victim. Nov. 2011), the accused cannot invoke self-defense because his act amounted to aberratio ictus or mistake 3. Lack of sufficient provocation on the part of the person in blow when he accidentally hit the victim while he defending himself was struggling the same with his real enemy, and there Sufficient provocation refers to any unjust or improper was no unlawful aggression on the part of the actual conduct or act of the victim which is enough to excite victim. another to commit a wrong. Instances when there can be lack of sufficient provocation on the person defending himself:  CRIMLAW I FINALS REVIEWER Santos, Krishza Lee R. BSLM 4A a. No provocation at all was given to the aggressor particular target because it was insufficient to conclude or victim; that one’s life is in imminent danger. b. Even if there was provocation, it was not Self-defense is when the unlawful aggression still sufficient; exists if the aggressor was injured or disabled by the c. Even if provocation was sufficient, it was not person defending himself. Retaliation is when the given by the person defending himself or the inceptual unlawful aggression had already ceased when accused; the accused attacked him. d. Even if it was given by the accused, it was not proximate and immediate to the act of Stand ground when in the Retreat to the wall aggression; and right Doctrine Doctrine e. Sufficient means proportionate to the damage caused by the act. This does not require a person, This makes it the duty of the ○ In the case of People v. Gayrama (G.R. Nos. who is where he has a right to person assailed to retreat as far be, to retreat in the face of a as he can before he is justified in L-39270 and L-39271, 30 Oct. 1934), the act of rapidly advancing attacker meeting force with force. This is a chief police who used violence for the purpose threatening him with a deadly not followed in the Philippines. of capturing the accused and placing him under weapon. He is entitled to do arrest, who was running away from him for whatever he believes is committing a crime in his presence, is lawful necessary to protect himself. aggression. It may be considered as unlawful This rule is followed in the aggression if the police exceeded his authority. Philippines. In the case of People v. Maghuyop (G.R. No. 242942, 05 Oct. 2020), it is an imminent unlawful aggression Battered Woman Syndrome (Section 3(c) of R.A. No. 9262) when the accused aimed a revolver at another with It refers to a scientifically defined pattern of psychological and intent to shoot or when he opened a knife and made a behavioral symptoms found in women living in battering motion as if to attack. relationships as a result of cumulative abuse. In the case of People v. Maghuyop (G.R. No. 242942, Cycle of Violence (2010 BAR) 05 Oct. 2020), it is not an imminent danger if the 1. Tension-building phase; accused only cocked the rifle without aiming it at any 2. Acute battering incident; and 3. Tranquil, loving (or at least non-violent) phase.  CRIMLAW I FINALS REVIEWER Santos, Krishza Lee R. BSLM 4A Victim-survivors who are found by the courts to be suffering DEFENSE OF STRANGERS from battered woman syndrome do not incur any criminal or REQUISITES: civil liability despite the absence of any elements for justifying 1. Unlawful aggression; circumstances of self-defense under RPC. Hence, if an abused 2. Reasonable necessity of the means employed to prevent woman kills or inflicts injuries on her abusive spouse or live-in or repel it; and partner, and it was proven that she is suffering from BWS by a 3. The person defending is not induced by revenge, certified psychologist or psychiatrist, she is not criminally and resentment, or other evil motive. civilly liable. In the case of People v. Olarbe (G.R. No. 227421, 23 July 2018), unlawful aggression on the part of the victim against the accused or the stranger is an indispensable requisite for either DEFENSE OF RELATIVES self-defense and defense of a stranger. REQUISITES: 1. Unlawful aggression; 2. Reasonable necessity of the means employed to prevent AVOIDANCE OF GREATER EVIL OR STATE OF NECESSITY or repel it; and The state of necessity must not have been brought about by 3. In case the provocation was given by the person negligence or imprudence by the one invoking the defense as attacked, the one making a defense had no part therein. justifying circumstance. Relatives covered: REQUISITES: 1. Spouse 1. Evil sought to be avoided actually exists; 2. Ascendants 2. Injury feared be greater than that done to avoid it; 3. Descendants 3. There be no other practical and less harmful means of 4. Legitimate, natural or adopted brothers or sisters, or preventing it; and relatives by affinity with the same degree, and by 4. That the state of necessity or emergency was not due to consanguinity within the fourth civil degree the fault or negligence of the person claiming the defense. Under Article 429 of the New Civil Code, the Doctrine of Self-Help states that the owner or lawful possessor of a thing has the right to exclude any person from the enjoyment and disposal thereof. For this purpose, he may use such force as  CRIMLAW I FINALS REVIEWER Santos, Krishza Lee R. BSLM 4A may be reasonably necessary to repel or prevent an actual or OBEDIENCE TO AN ORDER ISSUED FOR threatened unlawful physical invasion or usurpation of his SOME LAWFUL PURPOSE property. REQUISITES: For a state of necessity, the offender deliberately caused 1. An order has been issued by a superior; damage. Unlike for accidents, the offender accidentally caused 2. Such order must be for some lawful purpose; and damage. 3. Means used by the subordinate to carry out said order is lawful. Both the person who gave the order and the person who FULFILLMENT OF DUTY executed it must be acting within the limitations prescribed by REQUISITES: law. 1. The accused in the performance of a duty or in the This is not limited to orders made by public officers to inferior lawful exercise of a right or office; and public officials. 2. The injury caused or offense committed be the The accused is not liable if he obeyed in good faith, not being necessary consequence of the due performance of duty aware of its illegality. The order should be patently illegal to or the lawful exercise of such right or office. invoke this defense. In the case of People v. Oanis (G.R. No. L-47722, 27 July Even if the order is patently illegal, the accused may still be 1943), the defense of having acted in the fulfillment of a duty able to invoke an exempting circumstance, either having acted requires as a condition, inter alia, that the injury or offense upon the compulsion of an irresistible force, or under the committed be the unavoidable or necessary consequence of the impulse of an uncontrollable fear. due performance of the duty. In this case, it is not enough that the accused acted in fulfillment of a duty as there was no need for him to shoot the victim any further when the victim was EXEMPTING CIRCUMSTANCE (Article 12) already crawling, which proves that he acted beyond the call of The circumstances affect the actor, unlike for justifying that the duty and caused the death of the victim. circumstance affects the act and not the actor. There is a crime, but since the actor acted without voluntariness (intelligence, freedom or criminal intent), there is absence of dolo or culpa, hence there is no crime. Unlike for justifying that there is no crime since the act committed is considered to have been done within the bounds of law.  CRIMLAW I FINALS REVIEWER Santos, Krishza Lee R. BSLM 4A There is no criminal liability but there is civil liability for the Basis: Lack of intelligence wrong done, except for accidents and those prevented by some In the case of People v. Rafanan (G.R. No. L-54135, 21 Nov. lawful or insuperable cause in which the offender is exempted 1991), if the accused failed to show complete impairment or from all liabilities. loss of intelligence, it would be a mitigating, not exempting, circumstance. IMBECILITY AND INSANITY The defense must prove that the accused was insane at the time of the commission of the crime, as the presumption is in favor IMBECILITY INSANITY of sanity. In the case of People v. Dungo (G.R. No 89420, 31 July 1991), They have a mental There is a complete the accused has not successfully discharged the burden of development deprivation of intelligence overcoming the presumption that he committed the crime as comparable with 2-7 in committing the act. charged freely, knowingly, and intelligently. Insanity is a years of age while There is a lucid interval. defense in a confession and avoidance that must be proved advanced in age. They may be criminally There is no lucid liable if it can be shown beyond reasonable doubt. Hence, insanity must be clearly and interval. that he acted during a lucid satisfactorily proved in order to acquit the accused. Absolute exemption interval. In the case of People v. Bulagao (G.R. No. 184757, 05 Oct. from criminal liability. 2011), it was held that insanity as an exempting circumstance is only when there is a complete deprivation of intelligence at the time of the commission of the crime. Insanity presupposes that TESTS FOR EXEMPTION ON GROUNDS OF INSANITY the accused was completely deprived of reason or discernment TEST OF COGNITION TEST OF VOLITION and freedom of will at the time of the commission of the crime. EFFECTS OF INSANITY OF THE ACCUSED Whether the accused Whether the accused a. At the time of the commission of the crime - exempted acted with complete acted in total deprivation deprivation of of will. from criminal liability intelligence in b. During trial - proceedings are suspended until the committing the crime. mental capacity of the accused is restored for fair trial, It is followed in the and then he will be committed to a hospital Philippines. c. After judgment or while serving sentence - execution of judgment is suspended and the accused will be  CRIMLAW I FINALS REVIEWER Santos, Krishza Lee R. BSLM 4A committed to a hospital; the period of confinement is Minimum Age of Criminal Responsibility and Treatment of Child counted for the prescription of penalty Below the Age of Responsibility (R.A. No. 9344, as amended by Feeble-mindedness is not exempted because the offender could R.A. No. 10630) (2017 BAR) distinguish right from wrong, unlike for imbecile or insane who cannot distinguish right from wrong. AGE BRACKET CRIMINAL TREATMENT LIABILITY OTHER INSTANCES OF INSANITY: 1. Schizophrenia 15 years old or Exempt Community-based 2. Kleptomania below intervention program 3. Epilepsy Above 15 years old, Exempt Community-based 4. Somnambulism or sleepwalking but below 18 years intervention program old, who acted without discernment MINORITY (Article (2 and 3), as amended by R.A. No. 10630) Above 15 years old, Not exempt Diversion program but below 18 years INTENT DISCERNMENT old, who acted with discernment It is the determination to It is the mental capacity do a certain thing or to tell right from wrong, purpose for the including the capacity to ACCIDENT WITHOUT FAULT OR INTENTION OF CAUSING IT determination by which a fully appreciate the Accident is something that happens outside the sway of our person acts, which consequences of his will, and although it comes about through some act of our will, compromises the third unlawful act. it lies beyond the bounds of humanly foreseeable element of dolo (intent, It relates to moral consequences. It presupposes a lack of intention to commit the freedom and intelligence) significance and to wrongful act. as a means of committing intelligence as an element a felony. of dolo. ELEMENTS: It is manifested through 1. A person is performing a lawful act; the manner of 2. With due care; committing the crime and 3. He causes injury to another by mere accident; and conduct of the offender. 4. Without fault or intention of causing it.  CRIMLAW I FINALS REVIEWER Santos, Krishza Lee R. BSLM 4A If not all elements are present, the act should be considered In the case of U.S. v. Caballeros (G.R. No. 1352, 29 Mar. either as: 1905), the accused is not criminally liable as accessory for a. Reckless imprudence - if the act is executed without concealing the body of the crime of murder by the band taking those precautions or measures which the most because he acted under the compulsion of an irresistible force common prudence would require; or when he was struck with the butts of their guns. b. Simple imprudence - it is a mere lack of precaution in There is no voluntariness or criminal intent to participate on the those cases where either the threatened harm is not part of the accused. imminent or the danger is not openly visible. A person is compelled by another to commit a crime by means In the case of U.S. v. Tayongtong, G.R. No. 6897 (15 Feb. of violence or physical force. 1912), the accused is not criminally liable because it was an The irresistible force must have been made to operate directly accident when someone suddenly and unexpectedly crossed the upon the person of the accused, and the injury feared may be of street without any warning, while he was driving at a moderate a lesser degree than the damage caused by the accused. speed and with due diligence. The compulsion must be of such character as to leave no opportunity to the accused for escape or self-defense in equal combat. COMPULSION OF IRRESISTIBLE FORCE Basis: Complete absence of freedom, which is an element of voluntariness UNCONTROLLABLE FEAR Irresistible force is a degree of force by means of violence or A person is compelled by another to commit a crime by means external or physical force, which reduces the person to a mere of intimidation or threat. instrument, and the acts produced are done without and against The uncontrollable fear may be generated by a threatened act his will. directed to a third person, such as the family of the accused The duress, force, fear, or intimidation must be present, who was kidnapped, but the evil feared must be greater or at imminent and impending, as to induce a well-grounded least equal to the damage caused to avoid it. apprehension of death or serious injury if the act is not done. Basis: Absence of freedom REQUISITES: ELEMENTS: 1. Compulsion is by means of physical force 1. Existence of an uncontrollable fear; 2. Physical force must be irresistible; and 2. Fear must be real and imminent; and 3. Physical force must come from a third person  CRIMLAW I FINALS REVIEWER Santos, Krishza Lee R. BSLM 4A 3. Fear of an injury is greater than or equal to that REQUISITES: committed. 1. An act required by law to be done; REQUISITES: 2. A person fails to perform such act; and 1. Threat, which causes the fear, is of an evil greater than 3. Failure to perform such an act was due to some lawful or at least equal to that which he is required to commit; or insuperable cause. and It applies to felonies by omission, but the accused is not 2. It promises an evil of such gravity and imminence that criminally liable. the ordinary man would have succumbed to it. A threat of an injury is not enough as it is necessary that the threat causing the uncontrollable fear of the offender must be MITIGATING CIRCUMSTANCE (Article 13) present, clear, and personal. These are the circumstances that serve to reduce the penalty but The threat must not be an imagined threat or count interfered do not entirely free the actor from criminal liability. threat. Basis: Diminution of either freedom of action, intelligence, or The accused who performed the act involuntarily and under intent or on the lesser perversity of the offender. duress is still secondarily civilly liable. It is not limited as it will still depend on the court if it could be In the case of People v. Saldana (G.R. No. 148518, 15 Apr. mitigated upon humanitarian purposes. 2004), the accused cannot raise the defense of uncontrollable It is not applicable to certain laws such as Anti-Hazing Law. fear as they did not avail the chance to escape. In order for the Imprudence and negligence is not considered as mitigating, circumstance of uncontrollable fear to apply, it is necessary that hence, accident under exempting circumstances is also not the compulsion is of such a character as to leave no opportunity applicable. for escape or self-defense in equal combat. Mitigating circumstances must be present prior to or simultaneously with the commission of the offense, except for voluntary surrender or confession of guilt by the accused. LAWFUL OR INSUPERABLE CAUSE The offender acted with voluntariness, but there is a diminution Basis: The absence of intent. on his voluntariness, either on his criminal intent, freedom of Insuperable cause is some motive which has lawfully, morally, action, or intelligence. Unlike for exempting, in which the or physically prevented a person from doing what the law offender acted totally without voluntariness. commands. Circumstances which can mitigate criminal liability: It is bound by privileged communication. (IAP-SIP-V-PIS)  CRIMLAW I FINALS REVIEWER Santos, Krishza Lee R. BSLM 4A 1. Incomplete justifying or exempting circumstance; 3. When there are 2 or more mitigating circumstances and 2. Age no aggravating circumstance, the court shall impose the 3. Praeter intentionem (no intention to commit so grave a penalty next lower to that prescribed by law, in the wrong) period that may deem applicable, according to the 4. Sufficient threat or provocation number and nature of such circumstances; 5. Immediate vindication of a grave offense 4. Voluntary release of the person illegally detained within 6. Passion or obfuscation 3 days without the offender attaining their purpose and 7. Voluntary surrender and voluntary confession of guilt before the institution of the criminal action; 8. Physical defect 5. Abandonment without justification of the spouse who 9. Illness of the offender committed adultery; and 10. Similar and analogous circumstances 6. Concealing dishonor in case of infanticide. Classes of mitigating circumstances: ORDINARY MITIGATING PRIVILEGED MITIGATING INCOMPLETE JUSTIFYING OR EXEMPTING CIRCUMSTANCE It can be offset by It can never be offset by It means that not all the requisites to justify the act or to aggravating or mitigating any aggravating exempt the offender from criminal liability are present. circumstances. circumstances, unless If not offset, it will reduce qualifying aggravating It is a privileged mitigating circumstance if majority or only the penalty to the minimum circumstances. two of the requisites needed to justify the act or exempt from period, provided that the It can reduce the penalty by criminal liability are present, and making the imposable penalty is a divisible one. one to two degrees, penalty lowered by one or two degrees. It is not considered in the depending upon what the determination of the law provides. It is an ordinary mitigating circumstance if only one or less imposable penalty when it It is always considered than the majority of the requisites needed to justify the act or is a single indivisible regardless of the penalty exempt from criminal liability are present. penalty. imposed. Example: Incomplete Self-defense, Defense of Relative, or Defense of Stranger Privileged Mitigating Circumstances under the RPC: a. If only the unlawful aggression is present, and the other 1. When the offender is a minor under 18 years old; requisites are absent, it is ordinary mitigating. 2. When the crime committed is not wholly excusable;  CRIMLAW I FINALS REVIEWER Santos, Krishza Lee R. BSLM 4A b. If unlawful aggression and other requisites, but not all SUFFICIENT THREAT OR PROVOCATION requisites, are present, it is privileged mitigating, and Basis: Diminution of intelligence and intent. the penalty shall be reduced by one or two degrees It is any unjust or improper conduct or act of the victim adequate enough to excite a person to commit a wrong. In order to be mitigating, the provocation on the part of the AGE (OVER 15 BUT UNDER 18, OR OVER 70 YEARS OLD) victim must be sufficient and should immediately precede the Basis: Diminution of intelligence, which is a condition of act that incited or irritated the accused. voluntariness. REQUISITES: (SUF-OR-IM) Senility or second childhood is a state of a person of a very old 1. Provocation must be sufficient; age with impaired or diminished mental faculties similar to, but 2. It must originate from the victim or the offended party; not on the level of the early years of infancy. It can be and mitigating, unless the mental deterioration has become senile 3. It must be immediate to the act. dementia in which will be considered as insanity under The threat does not need to be offensive and positively strong exempting circumstances. since it may be considered as unlawful aggression already, which will give rise to self-defense under justifying. Lack of sufficient provocation is on the part of the person NO INTENTION TO COMMIT SO GRAVE OF A WRONG defending himself as an element of defense under justifying. (PRAETER INTENTIONEM) While sufficient threat or provocation as mitigating is on the Basis: Diminution of intent. part of the victim or offended party. It can be a mitigating circumstance, but the these factors should Sufficiency of threat or provocation depends on: be considered to order to ascertain the intention: 1. The act constituting the provocation; 1. Weapon used; 2. The social standing of the person provoked; and 2. Part of the body injured; 3. Time and place it took place. 3. Injury inflicted: and It is made directly only to the person committing the felony. 4. Manner it is inflicted. The cause that brought the provocation does not need to be a GR: Praeter intentionem is a mitigating circumstance. grave offense. XPN: Felonies by negligence, employees of brute force, and It is necessary that the provocation or threat immediately Anti-Hazing Law. preceded the act of the accused.  CRIMLAW I FINALS REVIEWER Santos, Krishza Lee R. BSLM 4A IMMEDIATE VINDICATION OF A GRAVE OFFENSE repressed and will ultimately motivate or influence the Basis: Diminution of the conditions of voluntariness. commission of the crime. It refers to the honor of a person and concerns the good names ELEMENTS: (US-FR) and reputation of the individual. 1. There is an act, both unlawful and sufficient to produce It is not necessary that a crime has been committed as it is such a condition of mind; and enough that an offense or wrong-doing was committed. 2. The said act which produced the obfuscation was not REQUISITES: (GO-FEL) far removed from the commission of the crime by a 1. A grave offense has been done to the one committing a considerable length of time, during which the felony, his spouse, ascendants, descendants, legitimate, perpetrator might recover his normal equanimity. natural or adopted brothers or sisters or relatives by It is not a mitigating circumstance if the act is committed for affinity within the same degree; and revenge or from lawlessness (like kabit since the relationship is 2. A felony is committed in vindication of such a grave not legitimate). offense. It is produced by an impulse which may cause provocation The grave offense may be committed also against the (like jealousy). offenders’ relatives. It must arise from lawful sentiments. The offended party must have done a grave offense against the offender or their relatives. The vindication of the grave offense may be proximate and has VOLUNTARY SURRENDER AND interval, as long as the offender still did not have sufficient VOLUNTARY CONFESSION OF GUILT time to regain composure and self-control. Basis: The lesser perversity of the offender as they’re willing to accept the consequences of the wrong he has done. Voluntary surrender and voluntary confession of guilt are PASSION OR OBFUSCATION separate circumstances, making them have the effect of two Basis: Loss of reasoning and self-control, thereby diminishing independent mitigating circumstances. the exercise of will power. REQUISITES FOR VOLUNTARY SURRENDER: It refers to the emotional feeling which produces excitement so (NA-PA-SUVO) powerful that it causes the loss of reasoning and self-control. 1. Offender had not been actually arrested; It does not need to be immediate as it may build up and 2. He surrendered himself to a person in authority or his strengthen over time, until the moment it can no longer be agent; and  CRIMLAW I FINALS REVIEWER Santos, Krishza Lee R. BSLM 4A 3. The surrender was voluntary. provided therein or such special penal law adopts the penalties It is a voluntary surrender when the surrender is spontaneous, of the RPC. showing intent to submit himself unconditionally to the person Plea bargaining is not appreciated as voluntary confession of in authority or his agent, either because the offender guilt under mitigating because it is only appreciated for the acknowledges his guilt or he wishes to save them the trouble original felony committed. In this case, the penalty was already and expense for their search and capture. reduced as the accused confessed in order to bargain. Whether or not a warrant of arrest is issued, it is immaterial Where in the original information the accused pleaded not and irrelevant because the criterion is whether or not the guilty, but he pleaded guilty to the amended information, it is offender had gone into hiding or had the opportunity to go into still considered as a plea of guilt under mitigating. hiding. GR: There was no voluntary surrender if the warrant of arrest showed that the accused was arrested. PHYSICAL DEFECT XPN: It is mitigating if after committing the crime, the Basis: Diminution of the element of voluntariness. offender did not flee and instead waited for the law enforcers to It is a person’s physical condition, such as being deaf and arrive, and then they surrendered the weapon they used in dumb, blind, armless, cripple, or stutterer, whereby their means killing. However, voluntary surrender is not applicable if after of action, defense, or communication with others are restricted