Criminal Law Dragon Notes 2022 PDF

DRAGON NOTES BAR PREPARATIONS COMMISSION 2022 CRIMINAL LAW TABLE OF CONTENTS 6. Extinction of criminal liability (as amended by...

DRAGON NOTES BAR PREPARATIONS COMMISSION 2022 CRIMINAL LAW TABLE OF CONTENTS 6. Extinction of criminal liability (as amended by R.A. No. 10592) 69 PRINCIPLES OF CRIMINAL LAW (Revised Penal Code 7. Civil liability in criminal cases 73 – Book 1) 1 CRIMES UNDER THE REVISED PENAL CODE (Revised A. General principles 1 Penal Code – Book 2) 77 1. Mala in se and mala prohibita 1 A. Crimes against national security and laws of 2. Applicability and effectivity of the RPC 2 nations 77 a. Generality 2 B. Crimes against the fundamental law of the b. Territoriality 2 State 87 c. Prospectivity 3 C. Crimes against public order 97 3. Interpretation of penal laws 3 D. Crimes against public interest 117 4. Retroactive effect of penal laws 4 E. Crimes against public morals 146 B. Felonies 4 F. Crimes committed by public officers 153 1. Criminal liabilities and felonies 4 G. Crimes against persons 182 a. Classification of felonies (grave, less H. Crimes against personal liberty and security 203 grave and light felonies) 5 I. Crimes against property 220 b. Aberratio ictus, error in personae, and J. Crimes against chastity 258 praeter intentionem 6 K. Crimes against the civil status of persons 271 c. Impossible crime 6 L. Crimes against honor 274 d. Stages of execution 6 M. Quasi-offenses 287 e. Continuing crimes 10 SPECIAL PENAL LAWS 289 f. Complex crimes and composite A. Anti-Child Pornography Act of 2009 crimes 10 (Secs. 3[a-c], 4 and 5, R.A. No. 9775) 289 2. Circumstances affecting criminal liability 11 B. Anti-Fencing Law of 1979 (Secs. 2 to 6, a. Justifying circumstances 11 P.D. No. 1612) 290 b. Exempting circumstances 16 C. Anti-Graft and Corrupt Practices Act (R.A. No. c. Mitigating circumstances 20 3019, as amended by R.A. No. 3047, P.D. No. d. Aggravating circumstances 25 677, P.D. No. 1288, B.P. Blg. 195 and R.A. No. e. Alternative circumstances 39 10910) 291 f. Absolutory causes 41 D. Anti-Hazing Act of 2018 (R.A. No. 8049, as 3. Persons liable and degree of participation 42 amended by R.A. No. 11053) 296 a. Principals, accomplices, and E. Anti-Money Laundering Act of 2001 (R.A. No. accessories 42 9160) 297 b. Conspiracy and proposal 46 F. Anti-Photo and Video Voyeurism Act of 2009 c. Multiple offenders 47 (Secs. 3 and 4, R.A. No. 9995) 299 i. Recidivism 49 G. Anti-Plunder Act (Secs. 1, 2 and 6, R.A. No. ii. Habituality 49 7080, as amended by R.A. No. 7659) 300 iii. Quasi-recidivism 50 H. Anti-Torture Act of 2009 (Secs. 3 [a, b], 4 and 5, iv. Habitual delinquency 51 R.A. No. 9745) 301 4. Penalties 52 I. Anti-Trafficking in Persons Act of 2003 a. Imposable penalties 55 (Secs. 3 to 12, R.A. No. 9208) 303 b. Classification 55 J. Anti-Violence Against Women and their c. Duration and effects 57 Children Act of 2004 (Secs. 3, 5 and 26, d. Application and graduation of penalties R.A. No. 9262) 304 i. Indeterminate Sentence Law K. Anti-Wire Tapping Act (Secs. 1 to 4, R.A. No. (Act No. 4103) 59 4200) 305 e. Accessory penalties 60 L. Bouncing Checks Law (B.P. Blg. 22) 305 f. Subsidiary Imprisonment 61 M. Comprehensive Dangerous Drugs Act of 2002 5. Execution and service of sentence 64 (R.A. No. 9165 as amended by a. Three-fold rule 64 R.A. No. 10640) 308 b. Probation Law (P.D. No. 968, as N. Cybercrime Prevention Act of 2012 amended) 65 (R.A. No. 10175) 316 c. Juvenile Justice and Welfare Act (R.A. O. New Anti-Carnapping Act of 2016 No. 9344, as amended) 67 (Secs. 3 to 4, R.A. No. 10883) 318 d. Republic Act No. 10592 (Amendments P. Special Protection of Children Against Abuse, to Articles 29, 94, 97, 98 and 99 of the Exploitation, and Discrimination Act RPC) 69 (Secs. 3(a), 5 and 10, R.A. No. 7610) 318 e. Community Service Act (R.A. No. 11362; Q. Swindling by Syndicate (P.D. No. 1689) 319 A.M. No. 20-06-14-SC) 69 DRAGON NOTES BAR PREPARATIONS COMMISSION 2022 CRIMINAL LAW PRINCIPLES OF CRIMINAL LAW A. GENERAL PRINCIPLES (Revised Penal Code – Book 1) The State, through its police power, possesses the authority to define and punish crimes and to Criminal Law - It is that branch or division of lay down the rules of criminal procedure. law which defines the crime, treats of their (Reyes, p. 2) nature, and provides for their punishment. (Reyes, p. 1) Crime - It is an act committed or omitted in violation of a public law forbidding or The Revised Penal Code (Act No 3815) took commanding it. (Reyes, p. 1) effect on January 1, 1932 There exists no common law crimes in the Philippines, unless there be a particular provision in the penal code or special penal law that defines and punishes the act, even if it be socially or morally, no criminal liability is incurred by its commission. (Reyes, citing U.S. v. Taylor) 1. Mala in se and mala prohibita Crimes mala in se are those deemed so serious in their effects on society as to call for almost unanimous condemnation of its members, while crimes mala prohibita are deemed violation of mere rules of convenience designed to secure a more orderly regulation of the affairs of society. (Reyes, citing Bouvier’s Law dictionary, Rawle’s 3rd Revision) Mala in Se - acts that are inherently evil, even if punished under special law, are considered as Mala in Se, which requires proof of criminal intent. Likewise, when malice is a factor, good faith is a defense.(i.e. murder, rape, or arson) Mala Prohibita - generally acts made criminal in pursuant of special penal laws. Acts that are deemed as crimes only because it is prohibited by statute, although the act is not itself immoral. Furthermore, when an act is illegal, the intent of the offender is immaterial. (Tan v. Ballena, G.R. No. 168111, 2008). The performance of the act will constitute the offense. Good faith and absence of criminal intent are not valid defenses. MALA IN SE MALA PROHIBITA Concept Inherently Deemed wrong. wrong as it is Page 1 of 320 UA&P Bar Preparations Commission 2022 DRAGON NOTES BAR PREPARATIONS COMMISSION 2022 CRIMINAL LAW prohibited by Criminal law. The exceptions to the generality of criminal intent is a law are the following: factor. Good faith is not a Article 2 of the Revised Penal Code provides Generally defense. that: “Except as provided in the treaties and punished laws of preferential application…” under the Generally Revised punished by 1. Treaties or Treaty Stipulation Penal Code. special laws. Examples: a. Base Agreement Between the With regard Stage of Disregarded. Philippines and US. to mitigating performance b. Visiting Forces Agreement (VFA). and is accounted Criminal aggravating for in relation liability arises 2.Laws of Preferential Application circumstance to the only when Examples: s punishment. the crime is a. R.A. No. 75 is deemed as a law of consummate preferential application in favor of The criminal d. diplomatic representatives and their liability is domestic servants. incurred even when the crime is in its 3. By virtue of Principles of Public attempted, International Law frustrated, or consummate Persons exempt from the operation of Philippine d stage. criminal laws by virtue of the principles of PIL: Penalties The penalties The penalty a. Sovereigns and other Chiefs of State may be of the b. Ambassadors, ministers plenipotentiary, divided into offender is ministers resident, and charges degrees and the same as d’affaires. periods and they are may be treated as NOTE: A consul is not entitled to the privileges computed on principals. and immunities of an ambassador or minister. the basis of the offender’s b. Territoriality degree of Criminal laws undertake to punish crimes participation. committed within Philippine territory. The general rule is that penal laws of the 2. Applicability and effectivity of the Philippines are enforceable only within its RPC territory. As such, it cannot penalize crimes a. Generality committed outside its territory. (Reyes, p. 14) Penal laws are obligatory on all persons who live or sojourn in Philippine territory, regardless Exceptions: of nationality, gender, or other personal circumstances, subject to the principles of Article 2 of the Revised Penal Code provides for public international law and to treaty the exceptions – Except as provided in the stipulations. (Art. 14, Civil Code) treaties and laws of preferential application, the provisions of this Code shall be enforced not As a general rule, jurisdiction of civil courts is only within the Philippine Archipelago, including not affected by the military character of the its atmosphere, its interior waters and maritime accused. (Reyes, p. 7) zone, but also outside of its jurisdiction, against those who Page 2 of 320 UA&P Bar Preparations Commission 2022 DRAGON NOTES BAR PREPARATIONS COMMISSION 2022 CRIMINAL LAW h. Failure to Make Delivery of Public Funds 1. Should commit an offense while on a or Property (Art. 221) Philippine ship or airship; i. Falsification by a Public Officer or Employee Committed with Abuse of his A Philippine vessel although beyond 12 nautical Official Position (Art. 171). miles from the seashore, is considered part of the national territory. However, when the vessel 5. Should commit any of the crimes against or aircraft is in the territory of a foreign country national security and the law of nations, the crime committed inside such is subject to defined in Title One of Book Two of the the laws of that foreign country. RPC. A Philippine vessel or aircraft is one that is Crimes that may be committed as such: registered with the Maritime Industry Authority a. Treason (Art. 114) or Civil Aeronautics Administration, respectively. b. Conspiracy and Proposal to Commit Treason (Art. 115) NOTE: The Philippine court has no jurisdiction c. Espionage (Art. 117) over crimes committed on the high seas on d. Inciting to War and Giving Motives for board a vessel not registered or licensed in the Reprisals (Art. 118) Philippines. e. Violation of Neutrality (Art. 119) f. Correspondence with Hostile Country 2. Should forge or counterfeit any coin or (Art. 120) currency note of the Philippines or g. Flight to Enemy’s Country (Art. 121) obligations and securities issued by the h. Piracy and Mutiny on the High Seas (Art. Government of the Philippines; 122). Any person who makes false or counterfeit c. Prospectivity coins (Art. 163) or forges treasury or bank notes A penal law cannot make an act punishable in a or other obligations and securities (Art. 166) in a manner in which it was not punishable when foreign country may be prosecuted before our committed. In line with Article 366 of the courts. Revised Penal Code, crimes are punished under the laws in force at the time of their 3. Should be liable for acts connected with commission. the introduction into the Philippines of the obligations and securities mentioned Exceptions: in the preceding number; Article 22 of the Revised Penal Code provides 4. While being public officers or that penal laws shall have a retroactive effect employees, should commit an offense in insofar as they favor the person guilty of a the exercise of their functions; or felony. Crimes that may be committed by public Whenever a new statute dealing with crime officers or employees: establishes conditions more lenient or favorable a. Direct Bribery (Art. 210) to the accused. b. Indirect Bribery (Art. 211) c. Frauds Against the Public Treasury (Art. NOTE: The exception stated shall have no 213) application when the law has expressly made d. Possession of Prohibited Interest (Art. inapplicable to pending actions or existing 216) causes of action, or that the offender is a e. Malversation of Public Funds or Property habitual criminal as established by Rule 5, Art. (Art. 217) 62 RPC. f. Failure of Accountable Officer to Render Accounts (Art. 218) 3. Interpretation of penal laws g. Illegal Use of Public Funds of Property When the law is clear and free from ambiguity, (Art. 220) there is no room for interpretation, and only the application of such remains. Page 3 of 320 UA&P Bar Preparations Commission 2022 DRAGON NOTES BAR PREPARATIONS COMMISSION 2022 CRIMINAL LAW 1. There must be an act or omission. However, if there exists ambiguity, the penal 2. Act or omission must be punishable by laws are strictly construed against the the RPC. Government and liberally in favor of the 3. Act is performed or the omission accused. incurred by means of dolo or culpa. The Spanish text is controlling in the 1. Criminal liabilities and felonies interpretation of the Revised Penal Code. Par. 1. One who commits an intentional felony is a. Pro Reo Principle responsible for all the consequences which may naturally and logically result therefrom, whether Whenever a penal is to be construed and it foreseen or intended or not. admits two interpretation, the interpretation which is lenient or favorable to the offender A person committing a felony is criminally liable shall be followed. although the consequences of his felonious act are not intended by him. b. Equipoise Rule REQUISITES: When the evidence of the parties is evenly 1. An intentional felony has been committed; balanced, in which case the constitutional and presumption of innocence should tilt the scales 2. The wrong done be the direct, natural and in favor of the accused. (Corpuz v. People, logical consequence of the felony 1991) committed. 4. Retroactive effect of penal laws Penal laws shall have a retroactive effect in so Par. 2. far as they favor the person guilty of a felony, A person is liable for performing an act which who is not a habitual criminal, as this term is would be an offense against persons or defined in rule 5 of article 62 of this Code, property, were it not for the inherent although at the time of the publication of such impossibility of its accomplishment or on laws a final sentence has been pronounced and account of the employment of inadequate or the convict is serving the same. (RPC, Art. 22) ineffectual means. REQUISITES: 1. The act performed would be an offense B. FELONIES against persons or property. Felonies - acts or omissions punishable by the 2. Act was done with evil intent. Revised Penal Code. 3. Its accomplishment is inherently impossible, or that the means employed is either An act is any bodily movement tending to inadequate or ineffectual. produce some effect in the external world. 4. Act performed should not constitute a Furthermore, only external acts are punished. violation of another provision of the RPC. An omission is an inaction, the failure to perform Felonies Against Persons: a positive duty one is bound to do, which must 1. Parricide (Art. 246) be punishable by law. 2. Murder (Art. 248) 3. Homicide (Art. 249) A crime which is punishable under a special 4. Infanticide (Art. 255) penal law is generally referred to as a crime or 5. Abortion (Arts. 256, 257, 258, 259) an offense. 6. Duel (Arts. 260, 261) 7. Physical Injuries (Arts. 262, 263, 264, 265, NOTE: A criminal thought or a mere intention 266) will never constitute a felony. 8. Rape (Art. 266-A) Elements of felonies: Felonies Against Property: Page 4 of 320 UA&P Bar Preparations Commission 2022 DRAGON NOTES BAR PREPARATIONS COMMISSION 2022 CRIMINAL LAW 1. Robbery (Arts. 294, 297, 298, 299, 300, 2. Culpable Felonies. The act or omission of the 302, 303) offender is not malicious. The wrongful act 2. Brigandage (Arts. 306, 307) results from imprudence, negligence, lack of 3. Theft (Arts. 308, 310, 311) foresight or lack of skill. 4. Usurpation (Arts. 312, 313) 5. Culpable Insolvency (Art. 314) Imprudence indicates a deficiency of action; 6. Swindling and Other Deceits (Arts. 315, usually involves lack of skill, while negligence 316, 317, 318) indicates a deficiency of perception; usually 7. Chattel Mortgage (Art. 319) involves lack of foresight. 8. Arson and Other Crimes Involving Destruction (Arts. 320, 321, 322, 323, 324, Requisites of Dolo or Malice: 325, 326) 9. Malicious Mischief (Arts. 327, 328, 329, 330, In order that an act or omission may be 331) considered as having been performed or incurred with deliberate intent, the following Inherent Impossibility requisites must concur: Act intended by the offender is by its nature one 1. Freedom – He must have freedom while of impossible accomplishment. doing an act or omitting to do an act; 2. Intelligence – He must have intelligence while Legal Impossibility doing the act or omitting to do the act; 3. Intent – He must have intent while doing the occurs when an essential element of a crime is act or omitting to do the act. not present during its commission making it impossible of accomplishment. NOTE: Criminal intent is presumed from the commission of an unlawful act. Physical Impossibility according to gravity of penalties (Art. 9) occurs when extraneous circumstances unknown to the perpetrator prevent the Grave Felonies commission of the intended crime. Felonies to which the law attaches the capital punishment Employment of Inadequate Means or penalties which in any of their periods are A, determined to poison B, uses a small afflictive. quantity of arsenic by mixing it with the food given to B, believing that the quantity employed Afflictive Penalties: is sufficient. The means employed is inadequate to kill a person. 1. Reclusion perpetua 2. Reclusion temporal Employment of Ineffectual Means 3. Perpetual or Absolute Disqualification 4. Perpetual or Temporary Special A tried to kill B by putting in his soup what he Disqualification thought was arsenic when in fact it was sugar. B 5. Prision mayor could not have been killed because the means was ineffectual. A is liable for Impossible Crime. Less Grave Felonies a. Classification of Felonies Felonies which the law punishes with penalties According to the means by which they are which in their maximum period is correctional. committed. Correction Penalties: 1. Intentional Felonies. The act or omission of the offender is malicious. The act is performed 1. Prision correccional with deliberate intent or with dolo or malice. 2. Arresto mayor 3. Suspension 4. Destierro Page 5 of 320 UA&P Bar Preparations Commission 2022 DRAGON NOTES BAR PREPARATIONS COMMISSION 2022 CRIMINAL LAW of execution which should produce the felony by Light Felonies reason of some cause or accident other than his own spontaneous desistance. Infractions of law for the commission of which the penalty is arresto menor, or a fine not The Three Stages of Execution: exceeding P200, or both. 1. Attempted – When the offender commences the commission of a felony directly by overt acts b. Aberratio ictus, error in personae, but does not produce the felony by reason of and praeter intentionem some cause or accident other than his own 1. Abberatio Ictus/ Mistake in Blow: When spontaneous desistance. offender intending to do an injury to one person actually inflicts it on another. Elements: 2. Error in Personae/ Mistake in identity: A 1. Offender commences the commission of the felony is intended by the offender, however, felony directly by overt acts; there is a mistake in the identity of the victim. 2. He does not perform all the acts of execution 3. Praeter intentionem: Lack of intention to which should produce the felony; commit so grave a wrong as that committed. 3. Offender’s act is not stopped by his own spontaneous desistance; Revised Penal Code: Mitigating circumstance of 4. Non-performance of all acts of execution was not intending to commit a grave so wrong. (Art due to a cause or accident. 13 par 3) Overt Act c. Impossible crime Overt Act is some physical activity or deed, When the person intending to commit an indicating the intention to commit a particular offense has already performed the acts for the crime. execution of the same but nevertheless the crime was not produced by reason of the fact More than a mere planning or preparation, that the act intended was by its nature one of which if carried to its complete termination impossible accomplishment or because the following its natural course, without being means employed by such person are essentially frustrated by external obstacles nor by the inadequate to produce the result desired by voluntary desistance of the perpetrator, will him, the court, having in mind the social danger logically and necessarily ripen into a concrete and the degree of criminality shown by the offense. (Reyes, p. 98) offender, shall impose upon him the penalty of arresto mayor or a fine ranging from 200 to 500 Subjective Phase pesos. (RPC, Sec 59) That portion of the acts constituting a crime, d. Stages of execution starting from the point where the offender Art. 6 of the RPC: begins the commission of the crime to that point where he still has control over his acts. Consummated felonies, as well as those which are frustrated and attempted, are punishable. NOTE: In attempted felony, the offender never passes the subjective phase of the offense. A felony is consummated when all the elements (Reyes, p. 105) necessary for its execution and accomplishment are present; and it is frustrated when the Indeterminate Offense, defined offender performs all the acts of execution which would produce the felony as a It is one where the purpose of the offender in consequence but which, nevertheless, do not performing an act is not certain. Its nature in produce it by reason of causes independent of relation to its objective is ambiguous. the will of the perpetrator. There is an attempt when the offender Only offenders who personally execute the commences the commission of a felony directly commission of a crime can be guilty of by overt acts, and does not perform all the acts attempted felony. Page 6 of 320 UA&P Bar Preparations Commission 2022 DRAGON NOTES BAR PREPARATIONS COMMISSION 2022 CRIMINAL LAW execution necessary to kill his victim. (People v. Sy Pio, 94 Phil. 885) Desistance An absolutory cause which negates criminal However, the general rule stands that the stage liability because the law encourages a person to of execution is frustrated if the wound inflicted desist from committing a crime. was mortal. Does not negate all criminal liability, if the In frustrated felony, the acts performed must not desistance was made when acts done by him produce the felony, because if the felony is already resulted in a felony, the offender will still produced, it would be consummated. be criminally liable for the felony brought about by his act. Independent of the Will of the Perpetrator The cause may be the intervention of third NOTE: Desistance is recognized only in the persons who prevented the consummation of attempted stage of the felony. If the felony is the offense. already in its frustrated stage, desistance will not negate criminal liability. NOTE: If the crime is not produced because the offender himself prevented its consummation, 2. Frustrated – When the offender performs all there is NO frustrated felony. the acts of execution which would produce the felony but does not produce it by reason of 3. Consummated – When all the elements causes independent of the will of the necessary for its execution and accomplishment perpetrator. are present; the felony is produced. Elements: What factors must be considered to determine if the crime is attempted, or 1. Offender performs all the acts of execution; frustrated, or consummated? 2. All the acts performed would produce the 1. Nature of the offense felony as a consequence; 2. Elements constituting the felony 3. The felony is not produced; 3. Manner of committing the same 4. It is not produced by reason of causes independent of the will of the perpetrator. Rules on Certain Crimes 1. Rape To be frustrated, the offender must have If there was no penetration, it cannot be said performed the last act necessary to produce the that the offender has performed all the acts of crime. execution. The accused is guilty of a frustrated felony if he NOTE: Mere “skin to skin” contact between the had performed all the acts of execution, actual penis and the labia consummates rape. and subjective. 2. Robbery/ Theft Objective phase The result of the acts of execution, that is, the The crime is consummated the moment the accomplishment of the crime. offender gets hold of the thing taken even if it were more or less temporary. If the subjective and objective phases have been passed there is a consummated felony. NOTE: There is no frustrated robbery or theft. The Supreme Court held that the accused is 3. Estafa guilty of attempted murder only since the accused believed that he was not able to hit his The crime is consummated when the offended victim at a vital part of the body. He knew that party is actually damaged or prejudiced. he had not actually performed all the acts of 4. Arson Page 7 of 320 UA&P Bar Preparations Commission 2022 DRAGON NOTES BAR PREPARATIONS COMMISSION 2022 CRIMINAL LAW The slightest discoloration of a portion of a Those which have three stages of execution, building consummates Arson. The namely, attempted, frustrated, and consummation of the crime of arson does not consummated. depend upon the extent of the damage caused. (People v. Hernandez, G.R. No. L- 31770) Art. 8 - Conspiracy and Proposal 5. Physical Injuries This article provides for two different acts or felonies: If any of the physical injuries described in Arts. 263, 264, 265 and 266 is inflicted with intent to 1. Conspiracy to commit a felony; kill, the crime is attempted homicide, murder, or 2. Proposal to commit a felony. parricide as the case may be. NOTE: Unless there is a specific provision in It is frustrated if there is intent to kill and the the RPC providing a penalty for conspiracy or wound is mortal or sufficient to cause death. proposal to commit a felony, mere conspiracy or proposal is not a felony. It is attempted if there is intent to kill and the wound is not mortal. Conspiracy - it exists when two or more persons come to an agreement concerning the Manner of Committing the Crime commission of a felony and decide to commit it. 1. Formal Crimes Elements: Crimes that are consummated in one instant, no 1. That two or more persons came to an attempt. agreement There can be no attempt because between the NOTE: agreement presupposes meeting of the thought and the deed there is no chain of acts minds of two or more persons. that can be severed in any link. (example: Slander and false testimony) 2. The agreement concerned the commission of a felony 2. Crimes consummated by mere attempt or proposal or by overt act NOTE: agreement must refer to the commission of a crime; an agreement to act, to effect, to Examples: bring about what was already conceived and determined. a. Flight to enemy’s country – attempt to flee to an enemy country is a consummated felony. 3. The execution of the felony was decided upon. b. Corruption of minors – mere proposal to the minor to satisfy the lust of another NOTE: conspirators have made up their minds consummates the felony. to commit the crime. There is a determination to commit the crime. c. Treason – there is no attempt because the overt act itself consummates the crime. Conspiracy as a Felony provided by the RPC: 3. Felony by Omission 1. Conspiracy to commit treason (Art. 115) 2. Conspiracy to commit rebellion (Art. 136) 4. Crimes requiring the intervention of two 3. Conspiracy to commit coup d’etat (Art. 136) persons to commit 4. Conspiracy to commit sedition (Art. 141) 5. Monopolies and combinations in restraint of Consummated by mere agreement. trade (Art. 186) 5. Material Crimes Page 8 of 320 UA&P Bar Preparations Commission 2022 DRAGON NOTES BAR PREPARATIONS COMMISSION 2022 CRIMINAL LAW Examples of Punishable Conspiracies under 2. There is no decided, concrete and formal Special Laws: proposal. 1. Under RA 9165, certain acts therein are 3. It is not the execution of a felony that is punishable by mere attempt or conspiracy. proposed. 2. Conspiracy to commit terrorism under RA 9372. NOTE: It is not necessary that the person to whom the proposal is made agrees to commit Conspiracy as a Manner of Incurring the crime. Criminal Liability Proposal as a Felony as provided by the RPC: When the conspiracy relates to a crime actually 1. Proposal to commit treason (Art. 115) committed. When there is conspiracy, the act of 2. Proposal to commit rebellion (Art. 136) one is the act of all. 3. Proposal to commit coup d’etat (Art. 136) NOTE: It is not punishable as a separate NOTE: Proposal may hold the person liable as offense. a principal by inducement (Art. 17, par. 2) if the crime committed is actually committed. Conspiracy as a Felony CONSPIRACY PROPOSAL When the RPC provides for a penalty for mere conspiracy. It exists when two or It exists when the more persons come person who has It is fundamental for conspiracy to exist that to an agreement decided to commit a there must be unity of purpose and unity in the concerning the felony proposes its execution of the unlawful objective. commission of a execution to some felony and decide to other person or NOTE: It is sufficient that at the time of commit it. persons. commission, all of them acted in concert, each doing his part to fulfill their common design. Conspiracy may be established by Article 10. Offenses not subject to the circumstantial evidence. provisions of this Code It may be inferred from the collective acts of the accused before, during and after the 1. Offenses under special laws are not subject commission of the crime. to the provisions of the Code. 2. Makes the Code supplementary to such Quantum of evidence necessary to establish laws. conspiracy is proof beyond reasonable doubt. First Clause Proposal The first clause should be understood to mean It exists when the person who has decided to only the Penal Code is not intended to commit a felony proposes its execution to some supersede special penal laws. other person or persons. NOTE: Special penal laws are controlling with Elements: regard to offenses therein punished. 1. A person has decided to commit a felony; Where the special law adopted penalties from 2. He proposes its execution to some other the RPC, the rules for graduating penalties by person or persons. degrees or determining the proper period should be applied. There is no criminal proposal when: Example: Although RA 7610 (Child Abuse) is a 1. The person who proposes is not determined special law, the rules for graduating penalties by to commit the felony. degrees or determining the proper period should be applied because RA 7610 adopted Page 9 of 320 UA&P Bar Preparations Commission 2022 DRAGON NOTES BAR PREPARATIONS COMMISSION 2022 CRIMINAL LAW penalties from the RPC. In Dulla v. Court of The necessary elements of the crime may Appeals, 382 Phil. 791, the Court applied the separately take place in different territorial first clause of the Indeterminate Sentence Law. jurisdictions until the crime itself is consummated. NOTE: Art. 6 cannot be applied to offenses punished by special laws unless the special law Kinds of Plurality of Crimes so provides a penalty thereof. 1. Formal/ Ideal – Only one criminal liability 2. Real/ Material – The offender is punished for Example: RA 9165 (Dangerous Drugs Act), each and every offense that he committed Sec. 26 makes it certain acts therein punishable separately. in the attempted stage. f. Complex crimes and composite crimes In RA 9165, the penalty for an attempt is the Complex Crime - it exists when two or more same as if the crime was consummated. crimes are committed but they constitute only one crime under the law. There is only one Indivisible Penalty criminal intent, hence, only one penalty is imposed. The penalties provided for in special laws are, generally, indivisible penalties. Unlike the Kinds of Complex Crimes: penalties under the RPC, they cannot be 1. Compound Crime divided into periods (minimum, medium, Elements: maximum). 1. Only a single act is performed by the offender 2. The single act produces: Because they cannot be divided into periods, a. Two or more grave felonies those provisions under the RPC which change b. One or more grave and one or more the imposable penalty into its minimum or less grave. maximum period do not apply. felonies c. Two or more less grave felonies However, if the special law follows the nomenclature of penalties under the RPC, such 2. Complex Crime Proper modifying circumstances may apply. Elements: e. Continuing crimes 1. That at least two offenses are committed A single crime consisting of a series of acts 2. That one or some of the offenses must be arising from a single criminal resolution or intent necessary to commit the other not susceptible of division. 3. That both or all the offenses must be punished under the same statute. The offender is compelled by a single criminal impulse but committed a series of acts at about 3. Special Complex Crimes/ Composite the same time and all the over acts violate the Crimes same provision of law. One in which the substance is composed of ELEMENTS: more than one crime but is only a single 1. Plurality of acts indivisible offense under the law. 2. Unity of penal provision infringed upon 3. Unity of criminal intent and purpose. Common Special Complex Crimes 1. Robbery with Homicide Transitory Crime 2. Robbery with Rape 3. Robbery with physical injuries Criminal action may be instituted and tried in the 4. Robbery with Arson. court of the municipality, city or province 5. Kidnapping with serious physical injuries wherein any of the essential ingredients thereof 6. Kidnapping with Rape took place 7. Rape with Homicide 8. Arson with homicide Page 10 of 320 UA&P Bar Preparations Commission 2022 DRAGON NOTES BAR PREPARATIONS COMMISSION 2022 CRIMINAL LAW 2. Circumstances affecting criminal Article 11 recognizes the acts of such persons liability as justified. Such persons are not deemed as criminals, and there is no crime committed. Imputability Is the quality by which an act may be ascribed Burden of proof to a person as its author or owner. It implies that the act committed has been freely and The circumstances provided in Article 11 are consciously done and may, therefore, be put matters of defense and it is incumbent upon the down to the doer as his very own. (Reyes, p. accused, in order to avoid criminal liability, to 149) prove the justifying circumstance claimed by him to the satisfaction of the court. (Reyes) Responsibility Is the obligation of suffering the penal and civil consequences of crime. It is the obligation of Justifying Exempting taking the penal and civil consequences of the Circumstances Circumstances crime. (Reyes, p. 149) There is neither a There is a crime but Imputability distinguished from crime nor a criminal. no criminal liability responsibility While imputability implies that a deed may be No civil liability, There is criminal imputed to a person, responsibility implies that except in par. 4 liability, except in the person must take the consequences of such (State of Necessity). pars. 4 and 7 a deed. (Reyes, 149) (Accident; Lawful or Insuperable Cause) Guilt Guilt is an element of responsibility, for a man cannot be made to answer for the Three Legitimate Defenses consequences of a crime unless he is guilty. 1. Self-Defense (Reyes, p. 149) 2. Defense of Relatives 3. Defense of Stranger a. Justifying circumstances Self-Defense (Par. 1) Includes not only the defense of the person or Where the act of the person is said to be in body, but also that of his rights. accordance with the law, so that such person is deemed not to have transgressed the law, so Stand Ground When in the Right that such person is deemed not to have Where the accused is where he has the right to transgressed the law and is free from both be, the law does not require him to retreat when criminal and civil liability. his assailant is rapidly advancing upon him. The law allows him to repel the attack. General Rule: There is no civil liability if there is a justifying circumstance present. Elements: 1. Unlawful Aggression Exception: In Art. 11, par. 4 (avoidance of a 2. Reasonable necessity of the means greater evil), the civil liability is borne by the employed to prevent or repel the aggression persons benefited by the act. 3. Lack of sufficient provocation on the part of the person defending himself. Basis Note: The first two requisites for self-defense The law recognizes the non-existence of a are common to the three kinds of legitimate crime by expressly stating in the opening defense (Art. 11, par. 1, 2 and 3). sentence of Article 11 that the persons therein mentioned “do not incur any criminal liability” UNLAWFUL AGGRESSION Two Kinds of Aggression: 1. Lawful Page 11 of 320 UA&P Bar Preparations Commission 2022 DRAGON NOTES BAR PREPARATIONS COMMISSION 2022 CRIMINAL LAW 2. Unlawful NOTE: Mere belief of an impending attack is not sufficient, neither is an intimidating or Unlawful Aggression threatening attitude. The actual or imminent danger to one’s life, limb, or right which one has the right to prevent A public officer exceeding his authority may or repel. become an unlawful aggressor. ⮚ What was once a lawful aggression Two Kinds of Unlawful Aggression: thereby becomes unlawful. 1. Actual A strong retaliation for an injury or threat may amount to an unlawful aggression. Attack with physical force or with a weapon which shows the positive determination of the Retaliation vs Self-Defense aggressor to cause injury. In retaliation, the aggression that was begun by 2. Immediate or imminent the injured party already ceased to exist when the accused attacked him. Attack that is impending or at the point of happening. In self-defense, the aggression was still existing when the aggressor was injured or disabled by Unlawful aggression is an indispensable the person making the defense. requisite. NOTE: Retaliation is not a justifying NOTE: In the absence of such aggression, the circumstance. accused cannot invoke self-defense, complete or incomplete. To appreciate self-defense, the attack made by the deceased and the killing of the deceased by Danger to Life vs. Limb the defendant should succeed each other without appreciable interval of time. The blow with a deadly weapon may be aimed at the vital parts of the body, in which case there The accused must have no time nor occasion is danger to life; or with a less deadly weapon for deliberation and cool thinking. that can cause minor physical injuries, aimed at other parts of the body, in which case there is NOTE: The nature, character, location and danger to limb. extent of wound of the accused allegedly inflicted by the injured party may belie claim of There must be actual physical force or actual self-defense. use of weapon. That the accused went into hiding after the Instances where there is no unlawful alleged act of self-defense is highly evidentiary aggression: of guilt (People v. Maranan, G.R. No. L-47228-32). 1.Insulting words addressed to the accused; 2. Light push on the head with the hand; Physical fact may determine whether the 3. Mere push or shove, not followed by other accused acted in self-defense. acts; Unlawful Aggression must be existing at the However, a slap on the face is an unlawful time the accused made the defense. aggression. The face being a representation of a person and his dignity. Slapping it is a serious When the aggressor flees, there is no longer personal attack. unlawful aggression. The unlawful aggression must come from the However, if it is clear that the purpose of the person who was attacked by the accused. aggressor in retreating is to take a more advantageous position to insure the success of Page 12 of 320 UA&P Bar Preparations Commission 2022 DRAGON NOTES BAR PREPARATIONS COMMISSION 2022 CRIMINAL LAW the attack already begun by him, there is still unlawful aggression. Aggression must be real, not merely imaginary. NOTE: The one making a defense has a right to An aggression that is expected is still real, pursue the aggressor and disable him. provided it is imminent. Agreement to Fight REASONABLE NECESSITY OF THE MEANS EMPLOYED TO PREVENT OR REPEL IT There is no unlawful aggression when there is agreement to fight. The reasonableness of the means depends on the existence of unlawful aggression and upon However, if the aggression is made ahead of the nature and extent of the aggression. It is the stipulated time and place, there is unlawful dependent upon the circumstances. aggression. The means employed by the person making a One who voluntarily joined a fight ccannot claim defense must be rationally necessary to prevent self-defense. or repel an unlawful aggression. NOTE: An attempt to rape a woman constitutes When the danger or risk on the part of the unlawful aggression. accused has disappeared, his act of stabbing the aggressor while defending himself should have stopped (People v. Calavagan, C.A. G.R. Defense of Property No. 12952-R). It is in the nature of a defense of a right. It can When the aggressor is disarmed, unlawful be invoked as a justifying circumstance only aggression ceases. However, when the when it is coupled with an attack on the person aggressor is trying to regain possession, there of one entrusted with said property. is reasonable necessity for the accused to disable him. NOTE: Defense of property is not of such importance as right to life. When a disarmed aggressor manifested a refusal to fight, the accused is not justified in The belief of the accused may be considered killing him. in determining the existence of unlawful aggression. Note: The person defending is not expected to control his blow. Illustration: A charged at B with a pistol in his hand. Having approached near enough, B, with Test of Reasonableness of the Means Used a club, strikes A over the head at the instant the pistol is discharged. It turns out that the pistol Whether the means employed is reasonable, was a toy gun, and that A only wanted to terrify will depend upon: B. B is justified under Art. 11, par. 1. 1. Nature and quality of the weapon used by the aggressor; Mere threat is NOT unlawful aggression. It is 2. His physical condition, character, size and required that the act be offensive and positively other circumstances, and those of the person strong, showing the wrongful intent of the defending himself; aggressor to cause an injury. 3. Place and occasion of the assault. Picking up a weapon, when preceded by However, it should be noted that perfect equality circumstances indicating the intention of the between the weapon used by the one defending deceased to attack the accused, such is himself and that of the aggressor is NOT considered unlawful aggression (People v. required. Javier, 46 O.G. 7). Real Aggression Page 13 of 320 UA&P Bar Preparations Commission 2022 DRAGON NOTES BAR PREPARATIONS COMMISSION 2022 CRIMINAL LAW “Reasonable necessity of the means employed” To be absent, the provocation by the person does not material commensurability. What the defending himself must be proximate and law requires is rational equivalence. immediate to the aggression. Limitations on the Use of a Superior Weapon Battered Woman Syndrome (R.A. 9262, Sec. Against an Inferior One in Making a Defense: 26 ) 1. There was no other available means; or 2. if there was other means, the one making a Battered Woman, defined defense could not coolly choose the less deadly weapon to repel the aggression A woman “who is repeatedly subjected to any (People v. Padua, C.A., 40 O.G. 998). forceful physical or psychological behavior by a man in order to coerce her to do something he Rule Regarding Reasonableness of the wants her to do without concern for her rights. Necessity of the Means Employed When This includes wives or women in any form of Defendant is a Peace Officer intimate relationship with men. The peace officer, in the performance of his In order to be considered a battered woman, the duty, represents the law which he must uphold. couple must go through the battering cycle at The duty of a peace officer in making a defense least twice. requires him to overcome his opponent. Cycle of Violence (Battering Cycle) 1. Tension Building Phase Lack of Sufficient Provocation on the Part of 2. Acute Battering Incident the Person Defending Himself 3. Tranquil Period The provocation must be sufficient, which Tension Building Phase means that it should be proportionate to the act of aggression and adequate to stir the This is where minor battering occurs – it could aggressor to its commission. be verbal or slight physical abuse or another form of hostile behavior. The woman usually The one defending himself must not have given tries to pacify the batterer through a show of cause for the aggression by his unjust conduct kind, nurturing behavior; or by simply staying or by inciting or provoking the assailant. out of his way. Note: The law requires that there be no Acute Battering Incident sufficient provocation. Not all provocations will work against the person claiming self-defense. This is characterized by brutality, destructiveness and, sometimes, death. The Note: The exercise of a right cannot give rise to battered woman deems this incident as a sufficient provocation. unpredictable, yet also inevitable. She has no control; only the batterer may put an end to the Note: The third requisite is still present if the violence. She has a sense of detachment from sufficient provocation was given by a person the attack and the terrible pain. other than the person defending himself. Tranquil Period The requisite refers exclusively to “the person defending himself.” The couple experience profound relief. The batterer may show a tender and nurturing The requisite is still present because the behavior towards his partner. He knows that he provocation was given not by the accused but has been viciously cruel and tries to make up by the brother-in-law of the deceased. (People for it, begging for her forgiveness and promising v. Balansag, 60 Phil. 266) never to beat her again. The battered woman also tries to convince herself that the battery will never happen again; that her partner will change for the better. Page 14 of 320 UA&P Bar Preparations Commission 2022 DRAGON NOTES BAR PREPARATIONS COMMISSION 2022 CRIMINAL LAW The cyclical nature of the violence inflicted upon Elements: the battered woman immobilizes the latter’s 1. Unlawful Aggression; “ability to act decisively in her own interests, 2. Reasonable necessity of the means making her feel trapped in the relationship with employed to prevent or repel the no means of escape.” aggression; 3. The person defending be not induced by Sec. 26 provides that those who are found to be revenge, resentment, or other evil motive. suffering from battered women syndrome “do not incur criminal and civil liability The third requisite requires that the defense be notwithstanding the absence of any of the actuated by a disinterested or generous motive. elements for justifying circumstances of self-defense under the Revised Penal Code.” Strangers, defined Any person not included in the enumeration of The courts shall be assisted by expert relatives mentioned in defense of relatives (par. psychiatrists or psychologists to determine the 2). state of mind of the woman suffering from battered woman syndrome. “Be not induced” Even if a person has a grudge against the Defense of Relatives (Par. 2) aggressor, if he enters upon the defense of a stranger out of generous motive, the third Elements: requisite still exists. 1. Unlawful Aggression; 2. Reasonable necessity of the means However, it would be different if such person employed to prevent or repel the was prompted by his grudge against the aggression; aggressor. 3. In case the provocation was given by the person attacked, that the one making Avoidance of a Greater Evil or Injury/ State defense had no part therein. of Necessity (Par. 4) Relatives That Can be Defended: Elements: 1. Spouse 1. Evil sought to be avoided actually exists; 2. Ascendants 2. The injury feared be greater than that done 3. Descendants to avoid it; 4. Legitimate, natural or adopted brothers and 3. There be no other practical and less harmful sisters, or relatives by affinity in the same means of preventing it; degrees 4. There is no negligence or fault on the part of 5. Relatives by consanguinity within the fourth the accused. civil degree Relatives by affinity, because of marriage, are The evil must actually exist. Paragraph 4 does parents-in-law, son or daughter-in-law, and not apply to merely expected or anticipated evil, brother or sister-in-law. or those that may happen in the future. Relatives by consanguinity refer to blood Note: In par. 4 recognizes that one’s own safety relatives. is of greater importance than that of another. The killing of the fetus to save the life of the Note: “within the fourth civil degree” relate only mother is justified under this paragraph. to relatives by consanguinity, not to relatives by affinity. Note: The greater evil should not be brought about by the negligence or imprudence of the Relatives by affinity are limited only to those actor. enumerated. Defense of Stranger (Par. 3) Page 15 of 320 UA&P Bar Preparations Commission 2022 DRAGON NOTES BAR PREPARATIONS COMMISSION 2022 CRIMINAL LAW Note: This is the only justifying circumstance where there is civil liability. It is borne by the Note: Under par. 5, it is not necessary that persons benefited. there be unlawful aggression against the person charged with the protection of the property. Fulfillment of Duty or Lawful Exercise of Right or Office (Par. 5) The actual invasion of property may consist of a mere disturbance of possession or of a real ELEMENTS: dispossession. 1. The accused acted in the performance of a duty or in the lawful exercise of a right or Lawful Exercise of Office office; 2. The injury caused or the offense committed Illustration: The executioner of the Bilibid Prison by the necessary consequence of the due cannot be held liable for murder for the performance of duty or the lawful exercise of execution performed by him because he was such right or office. merely acting in the lawful exercise of his office. If a detained prisoner under the custody of the Obedience to an Order Issued for Some accused, by means of force and violence, was Lawful Purpose (par. 6) able to leave the cell and actually attempted to escape, notwithstanding the warnings given by ELEMENTS: the accused not to do so, and was shot by the 1. That an order has been issued by a accused, the latter is entitled to acquittal superior; (People v. Bisa, C.A., 51 O.G. 4091, applying 2. Such order must be for some lawful People v. Delima, 46 Phil. 738). purpose; 3. The means used by the subordinate to carry Note: In People v. Lagata, 83 Phil. 159, it was out said order is lawful. held that a guard to be justified in shooting a prisoner, it must be done either in self-defense Note: When the order is not for a lawful (par. 1) or if absolutely necessary to avoid his purpose, the subordinate who obeyed it is escape. criminally liable. Shooting an offender who refused to surrender However, if the subordinate is not aware of the is justified. illegality of the order and is not negligent, he is not liable for carrying it out. However, shooting a thief who refused to be arrested is not justified. (People v. Bentres, b. Exempting circumstances C.A., 49 O.G. 4919) Exempting circumstances are those grounds for exemption from punishment because there is Furthermore, an officer is never justified in using wanting in the agent of the crime any of the unnecessary force. (People v. Oanis, 74 Phil. conditions which make the act voluntary or 257) negligent. Note: “Performance of a duty” should refer to a The exemption is based on the complete legitimate performance of duty. absence of intelligence, freedom of action, or intent, or on the absence of negligence. Lawful Exercise of Right General Rule: There is civil liability if there is an Under Art. 429 of the Civil Code (Self-Help exempting circumstance present. Doctrine), the owner or lawful possessor of a thing has the right to exclude any person from Exception: In Art. 12, pars. 4 and par. 7 the enjoyment and disposal thereof. He may (Accident; Lawful or Insuperable Cause), there use such force as may be reasonably is no civil liability that attaches. necessary to repel or prevent an actual or threatened unlawful physical invasion or Imbecility or Insanity (Par. 1) usurpation of his property. Page 16 of 320 UA&P Bar Preparations Commission 2022 DRAGON NOTES BAR PREPARATIONS COMMISSION 2022 CRIMINAL LAW Imbecile The basis is Art. 800, par. 1 Civil Code, which provides: “The law presumes that every person In order that a person could be regarded as an is of sound mind, in the absence of proof to the imbecile within the meaning of article 12 of the contrary.” Revised Penal Code so as to be exempt from criminal liability, he must be deprived completely Insanity at the time of the commission of reason or discernment and freedom of the will at the time of committing the crime. When a person was insane at the time of the commission of the felony, he is exempt from Insanity criminal liability. To constitute insanity, there must be complete Insanity at the time of the trial deprivation of intelligence or that there is a total deprivation of the freedom of the will. He must When he was sane at the time of commission, have acted without the least discernment. but he becomes insane at the time of the trial, he is criminally liable. The trial, however, will be Note that while imbecile is exempt in all cases suspended until the mental capacity of the from criminal liability, the insane is not exempt if accused be restored. it is shown that he acted during a lucid interval. The evidence of insanity must refer to the time Discernment preceding the act or to the very moment of its The capacity at the time of the commission of execution. If the evidence points to insanity the offense to understand the differences subsequent to the commission, the accused between right and wrong and the consequences cannot be acquitted. of the wrongful act. Presumption in Favor of Sanity Intent vs. Discernment The presumption is always in favor of sanity and Intent refers to the desired act of the person; the burden of proof of insanity is on the while discernment refers to the moral defense. significance that a person ascribes to the said act. Presumption of Continuance Note: Mere abnormality of mental faculties is A person who has been adjudged insane, or not enough. At most, it is only a mitigating who has been committed to a hospital or an circumstance (Art. 13, par. 9). asylum for the insane, is presumed to continue to be insane. Test of Cognition However, if the insanity is only occasional or Whether the accused acted with complete intermittent in its nature, the presumption does deprivation of intelligence in committing the not arise. crime. Illness Covered by Insanity: Test of Volition 1. Dementia Praecox or Schizophrenia – a chronic mental disorder characterized by Whether the accused acted in total deprivation inability to distinguish between fantasy and of freedom of will. reality and often accompanied by hallucinations and delusions. Burden of Proof 2. Kleptomania – is only exempted if it can be shown that at the time of the commission of The burden of proof is with the defense to prove the crime, the accused was not able to that the accused was insane at the time of the discern between what is right and wrong. commission of the crime. 3. Epilepsy – a chronic nervous disease characterized by fits, occurring at intervals, attended by convulsive motions of the Page 17 of 320 UA&P Bar Preparations Commission 2022 DRAGON NOTES BAR PREPARATIONS COMMISSION 2022 CRIMINAL LAW muscles and loss of consciousness. It must It is likewise the Juvenile Justice and Welfare be shown that the accused was under the Act which raised the age from “over nine years influence of an epileptic fit when he of age and under fifteen” to “above fifteen years committed the crime (People v. Mancao and but below eighteen years of age.” Aguilar, 49 Phil. 887). 4. Somnambulism or Sleepwalking – one Paragraph 2 vs. Paragraph 3 who, while sleeping, suddenly got up, got a bolo, and upon meeting his wife who tried to In par. 2, or when the offender is 15 years of stop him, wounded her and also attacked age or under, there is absolute irresponsibility; other persons, is not criminally liable while in par. 3, or when the offender is over 15 (People v. Taneo, 58 Phil. 255). years of age but under 18, he is only exempted 5. While suffering Malignant Malaria – such when he acts without discernment. illness affects the nervous system and causes among others such complication as Presumption acute melancholia and insanity at times (People v. Lacena, 69 Phil. 350). The presumption is that a child acts without discernment. Illness NOT Covered: 1. Feeblemindedness – not exempting It is incumbent upon the prosecution to prove because the offender could distinguish right that the child acted with discernment. from wrong. 2. Pedophilia – it is a mental disorder not Note: This rule applies only to par. 3. synonymous with insanity; there is the ability to distinguish between right and wrong. Determination of discernment shall take into 3. Amnesia – that the accused did not know account the ability of a child to understand the the nature and quality of his action and that moral and psychological components of criminal it was wrong, is no defense. Failure to responsibility and the consequences of the remember is in itself no proof of the mental wrongful act (Sec. 10, A.M. No. 01-1-18-SC, condition when the crime was performed. Revised Rule on Children in Conflict with the Law). Minority (Par. 2 and Par. 3) Both paragraphs 2 and 3 of Article 12, has been Discernment may be shown by: amended by R.A. No. 9344 (Juvenile Justice and Welfare Act of 2006) 1. Manner of committing the crime. 2. Conduct of the offender after its The Juvenile Justice and Welfare Act of 2006 commission. (R.A. No. 9344) which raised the age of absolute irresponsibility from nine to fifteen Presumption of Minority years of age. The child in conflict with the law shall enjoy the Note: Under Sec. 6 of RA 9344, the child presumption of minority and shall enjoy all the 15years of age or under shall be exempt from rights of a child in conflict with the law until criminal liability but shall be subject to an proven to be 18years old or older at the time of intervention program as provided under Sec. the commission of the offense. 20. Note: In case of doubt as to the age of the child, Child in conflict with the law it shall be resolved in his favor. Any person A child who is alleged as, accused of, or alleging the age of the child has the burden of adjudged as, having committed an offense proving the age. under Philippine laws. Rules to Determine Age Over 15 Years and Under 18 Acting Without Discernment (Par. 3) 1. Best evidence is an original or certified true copy of the birth certificate; Page 18 of 320 UA&P Bar Preparations Commission 2022 DRAGON NOTES BAR PREPARATIONS COMMISSION 2022 CRIMINAL LAW 2. In the absence of such, similar authentic The performance of a lawful act must be with documents such as baptismal certificates due care, without fault or negligence. and school records or any pertinent document showing the date of birth; Where the accused, while hunting, fired a shot 3. In the absence of such documents due to that recoiled and struck another who died, it loss, destruction or unavailability, the was held that there was accident, and that the testimony of the child, the testimony of a accused incurred no criminal liability. (U.S. v. member of the family related to the child Tañedo, 15 Phil. 196) who is qualified to testify pursuant to Sec. 40, Rule 130 on the Rules on Evidence, the Note: Accident presupposes lack of intention to testimonies of other persons, the physical commit the wrong done. appearance of the child and other relevant evidence. Accident (Par. 4) Irresistible Force (Par. 5) This presupposes that a person is compelled by Something that happens outside the sway of means of force or violence to commit a crime. our will, and although it comes about through some act of our will, lies beyond the bounds of Elements: humanly foreseeable consequences. 1. Compulsion is by means of physical force; 2. The physical force must be irresistible; Note: If foreseeable, it would be deemed as 3. The physical force must come from a third negligence. person. Elements: To be irresistible, it must produce such an effect upon the individual that, in spite of all 1. A person is performing a lawful act; resistance, it reduces him to a mere instrument. 2. It is done with due care; 3. He causes injury to another by mere The duress, force, fear or intimidation must be accident; present, imminent and impending and of such a 4. It is without fault or intention of causing it. nature as to induce a well-grounded apprehension of death or serious bodily harm if Accident the act is not done. An accident is a fortuitive circumstance, event It must be of such character as to leave no or happening. It is an event happening without opportunity to the accused for escape or any human agency or is unusual or unexpected self-defense in equal combat. by the person to whom it happens (Jarco Marketing Corporation v. CA, 321 SCRA 375). Note: Passion or obfuscation CANNOT be irresistible force. Negligence Uncontrollable Fear of an Equal or Greater Negligence is the failure to observe, for the Injury (Par. 6) protection of the interest of another, that degree of care, precaution and vigilance which the This presupposes that a person is compelled to circumstances justly demand without which commit a crime by another, but the compulsion such person suffers injury (People v. Fallorina, is by means of intimidation or threat, not force G.R. No. 137347, March 4, 2004). or violence. Note: Accident and negligence are intrinsically Actus me invite factus non est meus actus. contradictory; one cannot exist with the other. An act done by me against my will is not my act. The Person Must be Performing A Lawful Act Elements: 1. Existence of an uncontrollable fear; Page 19 of 320 UA&P Bar Preparations Commission 2022 DRAGON NOTES BAR PREPARATIONS COMMISSION 2022 CRIMINAL LAW 2. Fear must be real and imminent; Can be offset by a Cannot be offset. 3. The fear of an injury is greater than or at generic aggravating least equal to that committed. circumstance. Duress as a valid defense should be based on If not offset, will have It has the effect of real, imminent, or reasonable fear for one’s life the effect of imposing lowering the penalty or limb. the minimum penalty. by one or two degrees lower than Note: A threat of future injury is not enough. that prescribed by law. The accused must not have opportunity for escape or self-defense. The compulsion must be of such character as to leave no opportunity Note: Mitigating circumstances only reduce the for the accused to escape. penalty, but do not change the nature of the crime. Rule in Treason Incomplete Justifying or Exempting In the eyes of the law, nothing will excuse that Circumstances (Par. 1) act of joining an enemy, but the fear of immediate death (People v. Bagalawis, 78 Phil. Justifying and Exempting Circumstances 174). Covered: 1. Self-Defense (Art. 11, par. 1) Irresistible Force vs. Uncontrollable Fear 2. Defense of Relatives (Art. 11, par. 2) 3. Defense of Stranger (Art. 11, par. 3) In irresistible force, the third party uses violence 4. State of Necessity (Art. 11, par. 4) or physical force to compel the accused to 5. Performance of Duty (Art. 11, par. 5) commit a crime. 6. Obedience to Superior Order (Art. 11, par. 6) 7. Minority – above 15 but below 18 (Art. 12, On the other hand, in uncontrollable fear, the par. 2) third party employs intimidation or threat in 8. Accident (Art. 12, par. 4) compelling the accused to commit a crime. 9. Uncontrollable Fear (Art. 12, par. 6) Lawful or Insuperable Cause (Par. 7) Note: Pars. 1 and 2 of Art. 12 cannot be mitigating because the mental condition of a Elements: person is indivisible. 1. An act is required by law to be done; 2. A person fails to perform such act; Incomplete Defense 3. His failure to perform such act was due to some lawful or insuperable cause. In incomplete defenses (pars. 1, 2 and 3 of Art. 11), unlawful aggression must still be present. c. Mitigating circumstances Mitigating circumstances are those which, if If there is no unlawful aggression, there is no present in the commission of the crime, do not defense, complete or incomplete. entirely free the actor from criminal liability, but serve only to reduce the penalty. Note: If, besides unlawful aggression, another element is present – that is, two out of three Classes of Mitigating Circumstances elements are present, it is a privileged 1. Ordinary Mitigating – those enumerated mitigating circumstance under Art. 69. under subsections 1 to 10 of Article 13. 2. Privileged Mitigating – Arts. 64(5), 68, 69. Incomplete State of Necessity / Avoidance of a Greater Evil If any of the last two (2) requisites is absent Ordinary Privileged (i.e., injury feared be greater than that to avoid it or there be no other practical or less harmful means of preventing it), it is a mitigating circumstance. Page 20 of 320 UA&P Bar Preparations Commission 2022 DRAGON NOTES BAR PREPARATIONS COMMISSION 2022 CRIMINAL LAW Incomplete Performance of Duty That the Offender is Over 70 Years of Age Since there are only 2 requisites for the (Par. 2) justifying circumstance of performance of duty RA 9344 repealed par. 2 in so far as minors are (Art. 11, par. 5), the presence of at least one will concerned. always constitute a privileged mitigating circumstance under Art. 69. No Intention to Commit so Grave a Wrong (Par. 3) Incomplete Exempting Circumstance of Accident In this circumstance, intent, an element of voluntariness in intentional felony, is diminished. The requisites of Art. 12, par. 4 are – (Reyes, p. 283) a. A person is performing a lawful act; b. With due care; There must exist a notable disproportion c. He causes an injury to another by mere between the means employed to execute the accident; act and the attending consequences. (People v. d. Without fault or intention of causing it. Amit, 1970) Rules on Incomplete Accident: This circumstance cannot be appreciated if the acts employed by the accused were reasonably 1. If the 2nd requisite and the first part of the sufficient to produce and did actually produce 4th requisite (no fault) are absent, there the death of the victim (People v. Sales, 2011) is negligence or imprudence under Art. 365. This is still mitigating as the penalty Sufficient Threat or Provocation (Par. 4) imposed is lower. 2. If the 1st requisite an