LMGCRIM Reviewer PDF

BASIC PRINCIPLES CRIMINAL LAW ​ Defines crimes ​ Provides for their punishment CRIME ​ Act committed/omitted in violation of a public law FELONY ​ Acts/omission punishable under the RPC CHARACTERISTICS OF CRIMINAL LAW Generality ​ GR: Penal laws...

BASIC PRINCIPLES CRIMINAL LAW ​ Defines crimes ​ Provides for their punishment CRIME ​ Act committed/omitted in violation of a public law FELONY ​ Acts/omission punishable under the RPC CHARACTERISTICS OF CRIMINAL LAW Generality ​ GR: Penal laws should be obligatory upon ALL who live/sojourn in the Philippine territory ​ EXC: Public international law and treaties Persons exempted: ​ Sovereigns ​ Ambassadors and ministers ​ Diplomatic representatives Note: A consul is NOT exempted Territoriality ​ GR: Penal laws are only enforceable WITHIN ITS TERRITORY ​ EXC: Extra-territoriality principle Prospectivity ​ GR: Ex post facto law (must not be retroactive) ​ EXC: Law is favorable to accused ○​ EXC TO EXC: If ​ New law is made inapplicable to pending cases ​ Accused is a habitual delinquent RPC THEORIES Classical ​ Penalty = retribution ​ Effect of crime over criminal itself ​ Rationality, free will, and own doing Positivist ​ Criminal is influenced by external factors ​ Crime is a social and natural phenomenon EXTRATERRITORIALITY ​ PH vessel ○​ Must be registered in BoC ○​ Disregard citizenship of owner ​ Foreign vessel ○​ Triable when offense is committed on PH waters ○​ Extension of the territory of the country it belongs to JURISDICTION RULES French ​ Crimes are not triable in the courts of that country English ​ Crimes are triable in that country, unless ○​ Affect things within the vessel ○​ Refer to internal management ​ PH follows this rule Note: WARSHIPS cannot be subject to laws of another state, since they are ALWAYS a territory of the country to which it belongs ELEMENTS OF FELONIES 1.​ Act (any body movement producing an effect) or omission (failure to perform a positive duty) 2.​ Act or omission is punishable by the RPC 3.​ Act or omission is incurred by means of dolo or culpa KINDS OF FELONIES Intentional ​ With malice ​ Deliberate intent to cause an injury Elements: 1.​ Freedom - with deliberation and power to decide 2.​ Intelligence - morality and ability to distinguish right/wrong 3.​ Intent - aim/determination to do something More on intent: ​ Exercise of freedom and intelligence ​ Shown by overt acts ​ Actus non facit reum, nisi mens sit rea  ○​ Crime is not committed if the mind of the person performing to act complained be innocent Mistake of fact ​ Relieves the accused from criminal liability ​ Its requisites are: a.​ Act done would have been lawful had the facts been as the accused believed them to be b.​ That the intention of the accused in performing the act should be lawful c.​ That the mistake be without fault or carelessness on the part of the accused Culpable ​ Without malice ​ Unintentional Causes: 1.​ Imprudence - lack of skill 2.​ Negligence - lack of foresight Elements 1.​ He must have freedom while doing an act/omitting to do an act 2.​ He must have intelligence while doing the act or omitting to do the act 3.​ He is imprudent, negligent, or lacks foresight or skill while doing the act or omitting to do the act Is mistake in identity of the intended victim reckless imprudence? ​ Yes, because the accused lacked skill on knowing the identity of the victim MALA IN SE vs. MALA PROHIBITA Mala in se ​ The intent governs ​ Generally felonies ​ Inherently immoral, so they can also be punished by special laws Mala Prohibita ​ Focuses on the prohibited act or law violated INTENT vs. MOTIVE  Intent ​ Purpose to use a particular means to effect such result Motive ​ Moving power which impels one to action for a definite result INCURRING CRIMINAL LIABILITY 1.​ By any person committing a felony (delito) although the wrongful act done be different from that which he intended 2.​ By any person performing an act which would be an offense against persons or property, were it not for the inherent impossibility of its accomplishment or on account of the employment of inadequate and ineffectual means Par. 1: By any person committing a felony (delito) although the wrongful act done be different from that which he intended Elements: 1.​ That an intentional felony be committed; and 2.​ That the wrong done to the aggrieved party be the direct, natural, and logical consequence of the felony committed by the offender MISTAKE IN IDENTITY, BLOW, AND INJURY GREATER THAN INTENDED Error in ​ Mistake in identity personae ​ Hitting someone but turned out to be a different person Aberratio ​ Mistake in blow incus ​ Lack of precision Praeter ​ The injurious result is greater than that intended intentionem ​ Punching someone only intending to injure but falls and head hits the pavement and dies PROXIMATE CAUSE vs. NO PROXIMATE CAUSE Proximate ​ Cause, which, in natural and continuous sequence, unbroken by any Cause efficient intervening cause, produces the injury, and without which the result would not have occurred ​ “Cause and effect” relation ○​ Cause - felonious act by offender ○​ Effect - injury/death of victim No Proximate ​ There is an active force that INTERVENED Cause ​ Injury was due to the intentional act of the VICTIM  Par. 2: By any person performing an act which would be an offense against persons or property, were it not for the inherent impossibility of its accomplishment or on account of the employment of inadequate and ineffectual means IMPOSSIBLE CRIME Requisites ​ That the act performed would be an offense against persons or property ​ That the act done was with evil intent ​ That its accomplishment is inherently impossible, or that the means employed is either inadequate or ineffectual ​ That the act performed should not constitute a violation of another provision of the RPC Nature ​ Act should be intentional ​ There must be either ○​ Legal impossibility; or ○​ Physical impossibility STAGES OF EXECUTION Consummated ​ All elements necessary for its execution and accomplishment are PRESENT Frustrated ​ Offender performs all acts of execution which would produce a felony, but it does not produce it by reason of causes INDEPENDENT of the will of the PERPETRATOR ​ All acts complete but there was external intervention ​ Fatal but victim survived Attempted ​ Offender does not perform all acts of execution by reason of some cause or accident other than his own spontaneous desistance ​ Not fatal or did not hit the victim OVERT ACT ​ Act or deed indicating the intention to commit a crime, more than mere planning/preparation ​ Directly connected with the crime INDETERMINATE OFFENSE  ​ Purpose of the offender in performing an act is NOT CERTAIN SUBJECTIVE PHASE ​ Portion of the act constituting the crime ○​ Starting from the point where offender begins its commission ○​ Until he has still control over his acts (includes natural course of actions) ​ This has been passed if the offender is not stopped by ○​ Any external cause; or ○​ Own voluntary desistance More notes: ​ Formal crimes - consummated in one instant ​ Felony by omission - consummated when one falls to do an act ​ Law punishes mere proposal/conspiracy ​ There are NO stages in impossible crimes ​ Rape ○​ Penetration by the penis on the cleft of the labia majora, even in the slightest degree ○​ Minimum or slight penetration constitutes rape CONSPIRACY and PROPOSAL Conspiracy As a felony: 1.​ Treason 2.​ Rebellion 3.​ Coup d’etat 4.​ Insurrection 5.​ Sedition Nature ​ Secret planning by a group to commit a crime ○​ Mere planning is not punishable ​ All elements should be present for conspirators to be criminally liable Elements 1.​ Agreement presupposes meeting of the minds of two or more persons 2.​ The agreement must refer to the commission of the crime. It must be an agreement to effect, to bring about what has already been conceived and determined  3.​ The conspirators have made up their minds to commit the crime. There must be a determination to commit the crime. Proposal As a felony: 1.​ Treason 2.​ Rebellion 3.​ Coup d’etat 4.​ Insurrection Nature ​ When the person who has decided to commit a felony proposes its execution to some other person or persons Requisites 1.​ That a person has decided to commit a felony; and 2.​ That he proposes its execution to some other person or persons JUSTIFYING CIRCUMSTANCES DEFINITION ​ Act done is said to be in accordance with law, so that such person is deemed not to have transgressed the law and is FREE from BOTH criminal liability and civil liability ​ Recognizes non-existence of the crime JUSTIFYING CIRCUMSTANCES Self-Defense Requisites 1.​ Unlawful aggression 2.​ Reasonable necessity of the means employed to prevent or repel it 3.​ Lack of sufficient provocation on the part of the person defending himself UNLAWFUL AGGRESSION ​ Primordial element of self-defense ​ Must not be imagined/imaginary ​ Its three elements are ○​ There must be a physical/material attack or assault ○​ The attack/assault must be actual, or at least, imminent ○​ The attack/assault must be unlawful  ​ Actual - physical force/with a weapon/offensive act ​ Imminent - impending or at the point of happening (should not be a mere threatening attitude) REASONABLE NECESSITY OF THE MEANS EMPLOYED TO PREVENT OR REPEL IT ​ Accused should have NO time to reflect and reason out his responses at the time ​ Should commensurate the harm ​ Did not use accurate judgement ​ Cannot have sufficient tranquility of mind to think ​ Number of wounds are a consideration (if there are a lot, offender possibility intended to kill) ​ Obeys instinct of self-preservation LACK OF SUFFICIENT PROVOCATION 1.​ No provocation at all by person defending himself 2.​ Provocation was insufficient 3.​ Provocation was not given by person defending himself 4.​ Even if there was provocation, it was not proximate and immediate to the aggression Defense of Requisites Relatives 1.​ Unlawful aggression 2.​ Reasonable necessity of the means employed to prevent or repel it 3.​ In case the provocation was given by the person attacked, the one making the defense had no part therein Basis ​ Humanitarian sentiment ​ Impulse of blood Who are relatives? 1.​ Spouse 2.​ Ascendants (parents/grandparents) 3.​ Descendants (children/grandchildren) 4.​ legitimate , natural or adopted brothers and sisters, or relatives by affinity in the same degree 5.​ Relatives by consanguinity within the fourth civil degree a.​ Parents → siblings → uncle/aunt/nephew → first cousins Defense of Requisites Strangers 1.​ Unlawful aggression 2.​ Reasonable necessity of the means employed to prevent or repel it 3.​ The person defending be not induced by revenge, resentment, or other evil motive Basis ​ An ordinary man would not stand idly by and see his companion killed without attempting to save his life Who are strangers? ​ Anyone not considered as relatives Third requisite ​ Defense must be due to generous motive Avoidance of Requisites: greater evil or 1.​ That the evil sought to be avoided actually exists injury 2.​ That the injury feared be greater than that done to avoid it; and 3.​ There be no other practical and less harmful means of preventing it Civil liability ​ There is civil liability borne by the persons benefited Basis ​ Self-preservation/saving oneself Is due diligence required? ​ Yes ​ Greater evil must not be brought by negligence/imprudence/violation of law Fulfillment of duty Fulfillment of duty or lawful exercise of right or office or lawful exercise Requisites of right or office & 1.​ That the accused acted in the performance of a duty or in the Obedience to an lawful exercise of a right or office order issued for some lawful cause 2.​ That the injury caused or the offense committed be the necessary consequence of the due performance of duty of the lawful exercise of such right or office  Obedience to an order issued for some lawful cause Requisites 1.​ That an order has been issued by a superior 2.​ That such order must be for some lawful purpose 3.​ That the means used by the subordinate to carry out said order is lawful EXEMPTING CIRCUMSTANCES DEFINITION ​ Grounds for exemption from punishment because there is wanting in the agent of the crime any of the conditions which makes the act voluntary or negligent ​ Based on absence of criminal intent (intelligence, freedom, intent, and negligence) ​ There is a crime committed but no criminal liability arises JUSTIFYING EXEMPTING Affects the act Affects the actor Lawful in the eyes of law Wrongful but actor is not liable No crime There is a crime but no dolo/culpa No criminal or civil liability Civil liability only EXEMPTING CIRCUMSTANCES Insanity and Imbecile Imbecility ​ Mental development comparable to 2-7 years of age ​ Completely deprived of reason/discernment/freedom Insane ​ Defect of the brain ​ Permanently diseased/disordered ​ Cognitive and sensory disability THREE-WAY TEST TO PROVE INSANITY 1.​ Insanity must be present at the time of the commission of the crime 2.​ Insanity, which is the primary cause of the criminal act, must be medically proven  3.​ The effect of the insanity is the inability to appreciate the nature and quality or wrongfulness of the act STANDARD TO DETERMINE INSANITY ​ Complete deprivation of intelligence ​ Incapability of entertaining a criminal intent ​ Incapability to discern completely QUANTUM OF PROOF ​ No longer be proof of reasonable doubt BUT clear and convincing evidence IS TESTIMONY OF A DOCTOR REQUIRED ABSOLUTELY? ​ It is highly crucial to present an expert who can testify the accused’s mental state Minority ​ 15 below ○​ Not criminally liable ​ Above 15 but below 18 ○​ Still not criminally liable UNLESS acted with discernment, which makes him triable ​ Exemption from criminal liability does not include exemption from civil liability DISCERNMENT ​ Capacity to understand the difference between right and wrong ​ Ascertaining this is done by a social worker and by the court ​ There is no presumption that every minor acts with discernment DETERMINATION OF DISCERNMENT 1.​ Appearance, attitude, and comportment and behavior of minor (before and during the commission and after and even during trial) 2.​ Nature of the crime 3.​ Cunning and shrewdness of minor 4.​ Utterances 5.​ Overt acts before, during, and after the commission of the crime 6.​ Nature of weapon used 7.​ Attempt to silence a witness 8.​ Disposal of evidence Accident Requisites 1.​ A person is performing a lawful act 2.​ With due care 3.​ He causes an injury to another by mere accident 4.​ Without fault or intention of causing it Definition ​ Something that happens outside the sway of our will ​ Although comes about through some act of our will ​ Lies beyond the bounds of humanity foreseeable consequences ​ Presupposes lack of intention to commit the wrong done DUAL STANDARDS OF DETERMINING ​ Lack of intent to kill ​ Absence of fault/negligence Irresistible Force Requisites 1.​ That the compulsion is by means of physical force 2.​ That the physical force must be irresistible 3.​ That the physical force must come from a third person Basis ​ Forces the actor not only without will but against his will ​ It must be present, imminent, and impending ​ Leaves no opportunity for escape/self defense Uncontrollable Requisites Fear 1.​ Existence of an uncontrollable fear 2.​ The fear must be real and imminent 3.​ The fear of an injury is greater than or at least equal to that committed “Actus me invito factus non est meus actus” ​ An act done by me against my will is not my act Basis ​ Offender employs intimidation or threat in compelling another to commit a crime ​ Threat of future injury is not enough ​ Leaves no opportunity for escape or self-defense  Prevented by Requisites lawful or 1.​ That an act is required by law to be done insuperable cause 2.​ That a person fails to perform such act 3.​ That his failure to perform such act was due to some lawful or insuperable cause Basis ​ Exempts accused from criminal liability since he acts without intent ABSOLUTORY CAUSES DEFINITION ​ Those where the act committed is a crime but for reasons of public policy and sentiment, there is no penalty imposed CRIMES 1.​ Spontaneous desistance of accused before performing all acts of execution 2.​ Family members who are accessories 3.​ Violent insanity in the commission of the crime 4.​ Death through exceptional circumstances 5.​ Entering another person’s house to prevent injury to self 6.​ Family exempt from theft, estafa, malicious mischief 7.​ Marriage case of seduction, AoL, rape 8.​ Instigation MITIGATING CIRCUMSTANCES DEFINITION ​ Do not entirely free the actor from criminal liability, but serve only to reduce the penalty CLASSES ​ Ordinary mitigating ○​ Can be OFFSET by any aggravating circumstance ○​ Produces only the effect of applying the penalty provided by law for the crime in its MINIMUM period (in case of divisible penalty) ​ Privileged mitigating ○​ Lowers the penalty ONE or TWO DEGREES LOWER  MITIGATING CIRCUMSTANCES Incomplete Incompleteness of requisites justifying or ​ Refers to justifying circumstances and exempting circumstances exempting circumstances No intention to commit so grave a wrong as that committed Minor ​ Only when facts proven show that there is a notable and evident disproportion between the means employed to execute the crime Praeter and its consequences intentionem ​ Intention is proved by external acts Sufficient Requisites provocation ​ Provocation must be sufficient ​ It must originate from the offended party ​ It must be immediate to the act SUFFICIENCY ​ Adequate to excite a person to commit a wrong and must be proportionate to its gravity ​ Depends on ○​ Act of provocation ○​ Social standing of the person provoked ○​ Place and time when the provocation is made IMMEDIATE TO THE ACT ​ No interval of time between the provocation and commission THREAT ​ Should be actual as vagueness is not sufficient Vindication of Requisites grave offense 1.​ That there be a grave offense done to the one committing the (concept is similar felony, his spouse, ascendants, descendants, legitimate, natural to revenge) or adopted brothers or sisters, or relatives by affinity within the same degrees 2.​ That the felony is committed in vindication of such grave offense. A lapse of time is allowed between the vindication and the doing of the grave offense LAPSE OF TIME ​ Can be few hours or 1-3 days  PROVOCATION vs. VINDICATION Provocation Vindication Directly to the offender Also against offender’s relatives Need not to be a grave offense Must be a grave offense No interval of time Allows interval of time Passion and Requisites Obfuscation 1.​ The accused acted upon an impulse 2.​ The impulse must be so powerful that it naturally produced passion or obfuscation in him IMPULSE ​ Must come from lawful sentiments ​ Result of an act of the offended party that is both UNLAWFUL and SUFFICIENT to produce such ​ Act of the offended party must NOT be trivial or slight ​ Does NOT cover lawful acts of the offended party ​ Crime must be from a sudden impulse of natural and uncontrollable fury LAPSE OF TIME ALLOWED ​ Considerable length of time ​ Not applicable after ○​ 24 hours ○​ Several hours ○​ Half an hour Voluntary VOLUNTARY CONFESSION confession Requisites 1.​ Offender had not been actually arrested Voluntary 2.​ Surrender was made to a person in authority or the latter’s agent surrender 3.​ Surrender was voluntary (immediate) VOLUNTARY SURRENDER Requisites 1.​ Offender voluntarily and spontaneously confessed his guilt  2.​ It was made in open court (that is before the competent court that is to try the case) 3.​ It was made prior to the presentation of evidence for the prosecution LAPSE OF TIME ALLOWED ​ Considerable length of time ​ Not applicable after ○​ 24 hours ○​ Several hours ○​ Half an hour Physical defect ​ That the offender is deaf and dumb, blind or otherwise suffering from some physical defect which thus restricts his means of Illness of offender action, defense, or communication with his fellow beings ​ Such illness of the offender would diminish his exercise of the Analogous circumstances will-power of the offender without however depriving him of consciousness of his acts ​ And, finally, any other circumstance of a similar nature and analogous to those above mentioned AGGRAVATING CIRCUMSTANCES DEFINITION ​ Serve to increase the penalty, without, however, exceeding the maximum of the penalty provided by law for the offense BASIS 1.​ Motivating power 2.​ Place of commission 3.​ Means and ways employed 4.​ Time; or 5.​ Personal circumstances of the offender/offended party KINDS Generic ​ Applies to all crimes ​ Increases the penalty to maximum period ​ Can be offset by ordinary mitigating ​ Must be alleged  Specific ​ Applies only to particular crimes ​ Can be offset by ordinary mitigating Qualifying ​ Change the nature of the crime ​ Provides own penalty (generally one degree higher) ​ Cannot be offset by ordinary mitigating ​ Must be alleged Inherent ​ Must of necessity accompany the commission of the crime ​ No longer considered in the determination of penalty SPECIAL ​ Arise under special conditions ​ Cannot be offset by ordinary mitigating ​ Crimes include ○​ Quasi-recidivism ○​ Complex crimes ○​ Mistake in identity ○​ Taking advantage of public position ○​ Members of syndicated crime SPECIAL QUALIFYING ​ Special penal laws that impose death penalty under certain circumstances ​ Crimes include ○​ Qualified bribery ○​ Kidnapping and serious illegal detention ​ Extorting ransom from victim ​ Victim is killed/dies due to detention ○​ Rape with torture ○​ Destructive arson AGGRAVATING CIRCUMSTANCES (highlighted in yellow have requisites) Taking ADVANTAGE of public ​ Offender is a public officer position ​ Shows ascendancy, superiority, influence, prestige Crime committed in ​ Crime committed in the presence of the public CONTEMPT/INSULT to public officer authorities ​ Not directly to him, but within his presence Requisites: 1.​ Public authority is engaged in the exercise of his  functions 2.​ That public authority is not the person against whom the crime is committed (NOT THE VICTIM) 3.​ Offender knows him to be a public authority (KNOWS PRESENCE) 4.​ Public authority’s presence has not prevented offender from committing the crime (DID NOT STOP THE CRIME FROM OCCURRING) That the act be committed ​ Only applicable to crimes against PERSONS ​ With INSULT/DISREGARD ​ If all 4 circumstances are present = 1 aggravating of the respect due the circumstance ONLY offended party on account of his ○​ Rank ○​ Age ○​ Sex ​ Or that it be committed in the DWELLING of the offended party, if the latter has NOT given PROVOCATION That the act be committed with Requisites: ​ ABUSE of confidence 1.​ Offended party trusted offender ​ Obvious 2.​ Offender abuses such trust UNGRATEFULNESS 3.​ That abuse of confidence FACILITATED the crime ​ Relationship is IMMEDIATE and PERSONAL ​ Must be MANIFEST and CLEAR That the crime be committed in Basis: ​ The PALACE of the CHIEF ​ There is no need for official or religious events to EXEC or in his PRESENCE; be held, as long as crime is committed WITHIN the or place or in the PRESENCE of the official ​ Where public authorities ​ To be aggravating, crime must be committed are engaged in the ○​ In the performance of official duties DISCHARGE of their ○​ Inside office duties; or ​ Officials MAY BE the offended party ​ In a place dedicated to RELIGIOUS WORSHIP That the crime be committed in UNINHABITED PLACE ​ NIGHT time ​ NO houses at all ​ In an UNINHABITED place ​ Has a CONSIDERABLE distance from town ​ By a BAND ​ Has GREAT distance from each house ​ Whenever such Note: Considered if pwede ba makahingi ng tulong yung  circumstance may victim (possibility OVER distance) facilitate the commission of the offense (to make BAND commission of crime more ​ More than 3 EASED) ​ Acted TOGETHER ​ Crimes against PERSONS and PROPERTY ON the occasion of a NATURAL DISASTER ​ Conflagration (large fire) ​ Shipwreck ​ Earthquake ​ Epidemic ​ Other calamity/misfortune That the crime be committed with Requisites: the aid of: 1.​ Armed men took part in crime’s commission ​ ARMED men DIRECTLY/INDIRECTLY ​ Persons who insure or 2.​ Accused AVAILED their aid/relied upon them afford IMPUNITY (getting punished) Note: 1 armed man is fine. It does not require that the crime be committed by a band RECIDIVISM Basis: ​ Time of TRIAL What is it? ​ PREVIOUSLY CONVICTED for a first crime (must be judged with FINALITY) ​ Committed ANOTHER crime ​ That crime is within the SAME TITLE ○​ 1st crime: Homicide ○​ 2nd crime: Murder ​ Since both crimes are crimes against PERSONS, offender can be considered a RECIDIVIST Requisites: 1.​ Offender is ON TRIAL (new offense) 2.​ He was PREVIOUSLY CONVICTED by final judgement of another crime 3.​ First and second crimes are embraced in the SAME TITLE 4.​ Offender is CONVICTED of the NEW OFFENSE Note: FINAL JUDGEMENT is required. No final judgement for first offense = no recidivism REITERATION What is it? That the offender has been ​ Reiteracion PREVIOUSLY PUNISHED for an ○​ Necessary that the offender shall have offense to which the law: SERVED out his sentence for the FIRST ​ Attaches an EQUAL or OFFENSE GREATER penalty; or ○​ Must NOT be embraced in the same title ​ For 2 or more crimes to ○​ NOT ALWAYS aggravating which it attaches a LIGHTER penalty Requisites: 1.​ Accused is ON TRIAL 2.​ Previously SERVED SENTENCE for another offense to which the law attaches an EQUAL/GREATER penalty OR for 2 or more crimes with a LIGHTER penalty 3.​ He is CONVICTED of the NEW OFFENSE Note: Served sentence for first offense is required. Other forms of REPETITION ​ Multi-recidivism/HABITUAL DELINQUENCY ○​ 3 or more crimes within 10 years ○​ Commits ​ SERIOUS OR LESS SERIOUS PHYSICAL INJURIES ​ ROBBERY ​ THEFT ​ ESTAFA ​ FALSIFICATION ○​ There will be an ADDITIONAL penalty imposed for them ​ QUASI-RECIDIVISM ○​ After being convicted by final judgement ○​ Before serving a sentence ○​ Punished by maximum period In consideration of a PRICE, How many principals? REWARD or PROMISE ​ 2 or more ○​ The one who induces ○​ One who accepts By means of ​ Arson ​ Inundation (flood) ○​ Intent only to burn, even if someone dies ​ Fire ​ Murder by means of fire ​ Poison ○​ Intent to kill, and fire is used ​ explosion ​ Arson and Murder/Homicide ​ Stranding of a ○​ Killed someone, used fire to hide cadaver vessel/intentional damage (DEAD BODY)  thereto ​ Derailment of a locomotive ​ Use of any other artifice involving great waste & ruin EVIDENT PREMEDITATION Based on: ​ Criminal act is preceded by COOL THOUGHT and REFLECTION upon the resolution to CARRY OUT the criminal intent ​ Has deliberate (INTENTIONAL) planning of the act before execution Requisites: 1.​ TIME when the offender DETERMINED to commit the crime 2.​ ACT manifestly indicating that the culprit has clung to his DETERMINATION 3.​ SUFFICIENT LAPSE OF TIME between the DETERMINATION and EXECUTION, to allow him to reflect upon the consequences of his act and allow his conscience to overcome the resolution of his will How is it proven? ​ HOW and WHEN the plan was HATCHED ○​ Or what TIME elapsed before executing it ​ Prior to the killing, RESOLVED to commit the same ​ Crime was a result of RESOLUTION (DECISION) ​ KNOWS victim Sufficient lapse of time? ​ Sufficient time to reflect on the criminal intention and decide on executing it ​ Can be ANY time, as long as the offender has JUDGED and THOUGHT of a plan to carry out his criminal intention Craft, fraud, and disguise What are they? ​ INTELLECTUAL or MENTAL ways to carry out crime ​ Craft - intellectual trickery/cunning ( ○​ Manipulation ​ Fraud - insidious words/machinations ○​ Falsification  ​ Disguise - concealing identity ○​ Pretending to be someone else, SUPERIOR STRENGTH or means What is it? to weaken defense ​ Use of EXCESSIVE FORCE ​ Numerical or physical SUPERIORITY ​ Depends on ○​ Age ○​ Size ○​ Strength ​ There is an unfavorable INEQUALITY OF FORCES Evidence? ​ There should be RELATIVE physical strength Means to WEAKEN defense ​ Victim is put into a DISADVANTAGE TREACHERY What is it? ​ Employing means, methods, or forms in its execution which DIRECTLY TEND and INSURE its execution ​ Without risk to possibility from offended party defending himself RULES: ​ Applicable only to crimes against PERSONS ​ Result/execution-focused ​ Mode of attack is consciously ADOPTED ​ Must be ALLEGED (not presumed) CHARACTERISTICS OF ATTACK ​ Deliberate (intentional) ​ Sudden ​ Unexpected ​ From BEHIND ○​ Can be FRONTAL, as long as victim CANNOT defend himself Requisites: 1.​ At the time of the attack, victim was NOT in the position to defend himself 2.​ That the offender consciously adopted the particular MEANS, METHOD, or FORM, of attack employed by him Specifically alleged crimes:  1.​ Treachery 2.​ Abuse of superior strength 3.​ Evident premeditation 4.​ Cruelty IGNOMINY What is it? ​ Against morality/chastity ​ Public shame and disgrace Applies to: ​ Crimes against chastity ​ Less serious physical injuries ​ Light/grave coercion ​ Murder UNLAWFUL ENTRY ​ ENTRANCE is effected by a way NOT INTENDED for the purpose BROKEN parts of a building to ​ Wall commit the crime ​ Roof ​ Floor ​ Door ​ Window ​ Speaks of ​ WIth the aid of persons ○​ Minority UNDER 15 ○​ Motor vehicles ​ By MOTOR VEHICLES, airships, or other similar means Deliberately augmented by What is it? causing OTHER WRONG NOT ​ When culprit ENJOYS/DELIGHTS in causing NECESSARY for its commission unnecessary suffering to the victim ​ Cruelty/torture ​ Prolongs suffering of the victim through MORAL and PHYSICAL PAIN Requisites: 1.​ Injury is intentionally INCREASED 2.​ Other wrong be UNNECESSARY for the crime’s execution by the offender To sum: Those with requisites are:  1.​ In contempt to public authorities 2.​ Abuse of confidence/obvious ungratefulness 3.​ Armed men 4.​ Recidivism 5.​ Reiteration 6.​ Evident Premeditation 7.​ Treachery 8.​ Cruelty ALTERNATIVE CIRCUMSTANCES DEFINITION ​ Aggravating or mitigating according to the nature and effects of the crime and other conditions attending to its commission Aggravating Mitigating Relationship Against persons Against property Intoxication 1.​ Habitual 1.​ If not habitual 2.​ Intentional 2.​ If not subsequent to the plan to commit a felony Degree of instruction High degree of instruction Lack of instruction and education DEGREE OF PARTICIPATION Persons Description PRINCIPAL By DIRECT PARTICIPATION ​ Personally take part in the execution ​ In the crime scene By INDUCEMENT ​ By force (irresistible force, uncontrollable fear) ​ By induce (price, reward, or promise) ​ Inducement should be clear and uttered prior to commission CONSPIRACY ​ Common criminal intent/goal/purpose ​ Regardless of acts participated on, as long as there is a united  purpose among the conspirators, conspiracy is present ​ Not required to participate in EVERYTHING ​ No overt act = no conspiracy ​ Absence of active participation = no conspiracy ​ Mere knowledge or approval is NOT ENOUGH. By INDISPENSABLE COOPERATION ​ Without cooperation, crime cannot be resolved ACCOMPLICE ​ Not an author of the crime, merely an instrument ​ Agrees after the decision to commit the crime has been made ​ Does not inflict the most serious wounds ​ Should know the criminal intention THEN agree ACCESSORY ​ Has knowledge of the crime ​ Without having participated in it ​ Take part subsequent to its commission by ○​ Profiting in effect of the crime ○​ Assisted offender from profiting ○​ Concealing or destroying body ○​ Assisting in the escape, provided that he ​ Abuses public functions (public officer) ​ Is a private person, then assists principal who is guilty of treason, parricide or murder ​ Principal attempts to take the life of President ​ Is habitually guilty of another crime ​ They CANNOT be charged of LIGHT FELONIES WHO ARE EXEMPTED ​ GR: Relatives ​ EXC: When they: ○​ Profit ○​ Assisted the offender to profit PENALTIES Nullum Crimen Nulla Poena Sine Lege ​ “No crime, no law punishing it” Classification of Penalties PRINCIPAL Those that are expressly specified in final judgement  According to GRAVITY, according to Article 25 1.​ Capital ○​ Death penalty 2.​ Afflictive ○​ RP ○​ RT ○​ PM ○​ Perpetual/Temporary A.D ○​ Perpetual/Temporary S.D 3.​ Correctional ○​ PC ○​ AMayor ○​ Suspension ○​ Destierro 4.​ Light ○​ AMenor ○​ Public Censure 5.​ Common to afflictive, correctional, and light penalties ○​ Fine ○​ Bond to keep the peace According to GRAVITY, in relation to Article 9 ​ Grave Felonies ○​ Capital ○​ Afflictive ​ Less Grave Felonies ○​ Correctional, at its MAXIMUM ​ Light Felonies ○​ AMenor ○​ Fine not exceeding 40k ○​ Both According to DIVISIBILITY ​ Indivisible ○​ Death ○​ RP ​ Divisible ○​ RT ○​ PM ○​ PC ○​ AMayor ○​ Suspension ○​ Destierro ○​ AMenor ACCESSORY ​ Those within principal penalties ​ Do not have to be expressly specified in final judgement  ○​ P/T A.D ○​ P/T S.D ○​ Suspension from public office ○​ Civil interdiction ○​ Indemnification ○​ Forfeiture/confiscation of instruments and proceeds ○​ Payment of costs COMPLEX CRIMES ​ 1 act = 2 or more crimes ​ Penalty for MOST SERIOUS crime in its MAXIMUM = imposed penalty ○​ Homicide and Direct Assault ​ Reclusion Temporal than Prision Mayor ORDER OF SEVERITY ​ Successive Service ○​ When offender has to serve 2 or more penalties, it must be served SIMULTANEOUSLY if nature of penalties permit ○​ Order of severity must be followed for service to be executed SUCCESSIVELY 1.​ Death 2.​ RP (20 and 1 to 40) 3.​ RT (12 and 1 to 20) 4.​ PM (6 and 1 to 12) 5.​ PC (6 and 1 to 6) 6.​ AMayor (1 to 6 months) 7.​ AMenor (1 to 30 days) 8.​ Destierro 9.​ Perpetual A.D 10.​ Temporary A.D 11.​ Suspension from public office 12.​ Public censure THREE-FOLD RULE ​ Penalty multiplied by 3 ​ Maximum duration of sentence must NOT exceed the three-fold length of MOST SEVERE penalty ​ Maximum period = less than 40 years BUCOR (Bureau of Corrections) AND BJMP (Board of Pardons and Paroles) ​ Computes period of preventive imprisonment ​ Deducts terms and allowance of Good Conduct GRADUATED SCALES 1.​ Death 1.​ Perpetual A.D 2.​ RP 2.​ Temporal A.D 3.​ RT 3.​ Suspension from public office 4.​ PM 4.​ Public Censure 5.​ PC 5.​ Fine 6.​ AMayor 7.​ Destierro 8.​ AMenor 9.​ Public Censure 10.​ Fine RULES FOR GRADUATING PENALTIES 1 INDIVISIBLE Next lower in DEGREE 2 INDIVISIBLE Next lower in DEGREE 1 or more DIVISIBLE in its MAX Next lower in DEGREE ​ 1 or 2 INDIVISIBLE ​ I: One PERIOD lower ​ 1 or 2 DIVISIBLE in its MAX ​ D: One DEGREE lower in its MAX 3 or more PERIODS and DIVISIBLE Next lower in DEGREE and PERIOD For example: ​ RT in Med, and Min ​ PM in Max It then becomes ​ PM in Med and Min ​ PC in Max NOT SPECIFIED Next lower in DEGREE and PERIOD For example: ​ RT in Med and Min It then becomes ​ PM in Max and Med EFFECTS OF MITIGATING/AGGRAVATING CIRCUMSTANCES CIRCUMSTANCE PENALTY 1.​ Advantage of public position Maximum, regardless of MITIGATING 2.​ Organized/syndicated group Maximum, regardless of MITIGATING 3.​ Inherent aggravating circumstance Maximum, regardless of MITIGATING 4.​ Moral attributes/private Depends relations/personal cause 5.​ Material execution/means employed Aggraves/mitigates ONLY to persons who had KNOWLEDGE of them 6.​ Habitual delinquency For 3rd conviction ​ Penalty provided by law for LATEST crime ​ Add: PC in MID and MIN For 4th ​ Penalty provided by law for LATEST crime ​ Add: PM in MID and MIN For 5th ​ Penalty provided by law for LATEST crime ​ Add: PM in MAX to RT in MIN Note: Total of those two shall NOT EXCEED 30 years 7.​ Quasi-recidivism Maximum, regardless of MITIGATING 8.​ Incomplete Accident Grave felony: ​ AMayor in MAX; to ​ PC in its MIN Less grave: ​ AMayor in MIN and MID 9.​ Minority (privileged mitigating) Over 15 but under 18 ​ Next lower in DEGREE in MID if no aggra/mitigating ​ Next lower in DEGREE in MAX if there is AGGRAVATING and no mitigating 10.​ Not wholly excusable (incomplete Lower by 1 OR 2 DEGREES justifying/exempting)  11.​ Abuse of public functions by Grave felony ACCESSORIES ​ Absolute PERPETUAL disqualification Less grave felony ​ Absolute TEMPORARY disqualification 12.​ Impossible Crime ​ AMayor ​ 200-500 pesos fine Can the courts fix any amount of fine? ​ YES, in consideration of wealth or means of offender DEGREE OF PARTICIPATION AND PENALTY IMPOSED Example: HOMICIDE Degree of Participation Crime Penalty Principal Consummated RT (0) Frustrated PM (1 lower) Attempted PC (2 lower) Accomplice Consummated PM (1 lower) Frustrated PC (2 lower) Attempted AMayor (3 lower) Accessory Consummated PC (2 lower) Frustrated AMayor (3 lower) Attempted AMenor (4 lower) Exception: ​ When the law expressly prescribes the penalty, these must not apply ​ Frustrated crime of parricide, murder or homicide ○​ Next lower in DEGREE ​ Attempted crimes (any) ○​ Next lower in DEGREE BASIS FOR DETERMINING PENALTY ​ Penalty is graduated by DEGREE depending on: 1.​ Stage of crime  2.​ Participation 3.​ Aggravating/mitigating circumstance SUBSIDIARY IMPRISONMENT ​ When offender’s property does not meet fine, he shall be subject to this ​ 1 day = 8 pesos ​ Subject to rules of: PENALTY DURATION ​ PC; or Not exceed ⅓ of the term ​ AMenor and Fine Fine only Grave/less grave ​ Not exceed 6 months Light ​ Not exceed 15 days Higher than PC Not applicable ​ Even if insolvent, offender should pay fine when his financial status improves GENERAL RULES ON INDIVISIBLE PENALTIES TYPE PENALTY Single and indivisible Imposed penalty regardless of circumstances 2 indivisible with 1 aggravating Greater penalty 2 indivisible with no circumstances Lesser penalty 2 indivisible and 1 mitigating Lesser penalty 2 indivisible and both circumstances present Offset one another ONLY IF circumstances are ORDINARY Note: ​ Regardless of amount of mitigating circumstances, if there’s 1 aggravating, you CANNOT go one degree lower GENERAL RULES ON DIVISIBLE PENALTIES 4 Kinds ​ Those with 3 periods fixed  ​ Those not composed of 3 periods computed ​ Complex ​ Without specific legal form TYPE PENALTY Divisible without circumstances Medium Divisible with mitigating Minimum Divisible with aggravating Maximum Divisible with both circumstances Offset, so medium Divisible with 2 or more mitigating Penalty next lower in degree ​ Then lower by one period if there’s another mitigating circumstance Divisible with 2 or more aggravating Maximum Note: ​ Regardless of amount of mitigating circumstances, if there’s 1 aggravating, you CANNOT go one degree lower INDETERMINATE SENTENCE LAW ​ Maximum ○​ Prescribed by law with consideration of circumstances ​ Minimum ○​ Lower in degree, in any of the periods ​ It is not applicable to ○​ With death penalty ○​ Treason, conspiracy or proposal ○​ Treasion, rebellion, sedition or coup de at ○​ Piracy or mutiny on PH waters ○​ Habitual delinquents ○​ Escaped/evaded confinement/sentence ○​ Granted conditional pardon ○​ Max term of imprisonment does not exceed 1 year ○​ Convicted/reduced of reclusion perpetua ○​ Terrorism, plunder, and transnational COMMUNITY SERVICE ​ In lieu of both AMayor and AMenor ​ Rendered in the place where crime was committed  ​ If violated​ ○​ Re-arrest ○​ Full term service ​ If fully complied ○​ Release ​ Could only be availed ONCE RECOGNIZANCE ​ Securing release from custody/detention ​ Availed when offense is not grave, provided ○​ Before/after conviction by MTC ○​ Before conviction by RTC PROBATION ​ Cannot be applied if ○​ More than 6 years sentence ○​ Crime is against national security ○​ Convicted of PC/fine of 1k below ○​ Already been in probation ○​ Already serving sentence ​ Applied during the period of appeal filing ​ If appeal has been perfected, you cannot apply ​ Surrender is needed to apply PREVENTIVE IMPRISONMENT ​ Should be credited of sentence if prisoner ○​ Agrees voluntarily in writing ○​ Assisted by counsel ​ Cannot apply: ○​ Recidivists ○​ Have failed to voluntarily surrender ​ Prisoners shall be released immediately, but trial will continue ALLOWANCE FOR GOOD CONDUCT ​ First 2 years = 20 days for each month ​ 3-5 years = 23 days ​ 5-10 = 25 days ​ 11 and more = 30 days ○​ Another deduction of 15 days if studying, teaching or mentoring