REVISED PENAL CODE REVIEWER

(18th Edition - Reyes 2012) Bill Of Attainder – A legislative act which inflicts punishment without trial.
No one shall be held to answer for a criminal offense without due process of
Criminal Law – a branch or division of law which defines crimes, law.
nature, and provides for their punishment.
Crime – an act committed or omitted in violation a public law forbidding THE REVISED PENAL CODE OF THE PHILIPPINES
it or commanding it. Preliminary Article — This law shall be known as
Mala In Se - acts or omissions that are inherently criminal. (e.g.: theft, "The Revised Penal Code." (Act No. 3815)
rape, homicide, etc.) [Violations of the RPC]
Mala Prohibita - acts made criminal because there is a law prohibiting it. BOOK ONE
(e.g. illegal possession of firearms) [Violations of Special Laws] GENERAL PROVISIONS REGARDING THE DATE OF ENFORCEMENT
AND APPLICATION OF THE PROVISIONS OF THIS CODE, AND
Sources of Philippine Criminal Law: REGARDING THE OFFENSES, THE PERSONS LIABLE AND THE
1) Revised Penal Code (Act No. 3815) PENALTIES
2) Special Penal Laws
3) Penal Presidential Decrees (Martial Law Era) Art.1.Time when Act takes effect – This Code shall take effect on Jan. 1,
1932.
Limitations on the power of the law making body to enact penal legislation:
(Bill of Rights – 1987 PC) Theories in Criminal Law: (PUCE)

1) No Ex Post Facto Law or bill of attainder shall be enacted. No retroactive 1) Positivist Theory - Reformation; Prevention / correction. Basis of
laws criminal liability: The sum of the social, natural and economic phenomena
to which the actor is exposed.
Ex Post Facto Law - An act which when committed was not a crime, cannot 2) Utilitarian Theory - Protection of society from actual or potential
be made so by statute without violating the constitutional inhibition as to wrongdoers.
ex post facto laws. 3) Classical Theory - Basis of criminal liability is Human free will and the
purpose of the penalty is Retribution (punishment as vengeance for a
Ex post facto law is one which: criminal act). Endeavored to establish a mechanical and direct proportion
between crime and penalty; there is scant regard to human element.
1) Makes criminal an act done before the passage of the law and 4) Eclectic/Mixed - Combines both positivist and classical thinking.
which was innocent when done, and punishes such an act. Crimes that are economic and social by nature should be dealt with in a
2) Aggravates a crime, or makes it greater than it was, when committed. positivist manner; thus, the law is more compassionate. Heinous crimes
3) Changes the punishment and inflicts a greater punishment than the should be dealt with in a classical manner; thus, capital punishment.
law annexed to the crime when committed.
4) Alters the legal rules of evidence, and authorizes conviction upon Note: The Revised Penal Code today follows the mixed or eclectic
less or different testimony than the law required at the time of the commission philosophy. For example: a) Intoxication of the offender is considered to
of the offense. mitigate his criminal liability, unless it is intentional or habitual; b) Age of the
5) Assumes to regulate civil rights and remedies only, in effect imposes offender is considered; c) A woman who killed her child to conceal her
penalty or deprivation of a right for something which when done was lawful. dishonor has in her favor a mitigating circumstance.
6) Deprives a person accused of a crime some lawful protection to
which he has become entitled, such as the protection of a former Art. 2. Application of provisions. — Except as provided in the treaties
conviction or acquittal, or a proclamation of amnesty. and laws of preferential application, the provisions of this Code shall be
enforced not only within the Philippine Archipelago including its Ex: Extraterritorial Crimes committed outside of the Philippine Territory.
atmosphere, its interior waters and Maritime zone, but also outside (Art. 2 RPC)
of its jurisdiction, against those who:
Par.1 - Crimes committed aboard Philippine ship or airship (registration
1. Should commit an offense while on a Philippine ship or airship; of the vessels not nationality of the owner). The RPC is applied to
Philippine vessels while the trip is treading:
2. Should forge or counterfeit any coin or currency note of the
Philippine Islands or obligations and securities issued by the Government a) Philippine waters (intra-territorial)
of the Philippine Islands; b) High seas (extra-territorial)

3. Should be liable for acts connected with the introduction into Jurisdictional Rules aboard merchant vessels in territorial waters of other
these islands of the obligations and securities mentioned in the preceding countries (foreign vessels in Philippine seas or Philippine vessels in foreign
number; seas):

4. While being public officers or employees, should commit an a) French Rule – nationality of the vessel unless it violates host’s peace &
offense in the exercise of their functions; or order.

5. Should commit any crimes against the national security and the b) English Rule – location of the crime unless relates to internal management
law of nations, defined in Title One of Book Two of this Code. of the vessel. (Adopted by the Philippines)

Characteristics of Criminal Law: International Theories on Aerial Jurisdiction:

1) GENERALITY (WHO?) a) Free Zone Theory – atmosphere over the country is free, except for
the protection of national security and public order.
GR: The penal law is binding on all persons who live and sojourn in
Philippine Territory. (Art. 14 CCP) b) Relative Theory – exercises jurisdiction only up to the extent it can control.

L: Except as provided in the treaties of preferential Application. (Art. 2 RPC) c) Absolute Theory – Philippine Criminal Law will govern the crimes
committed within its territory. (Adopted by the Philippines)
Ex: Sovereigns and other heads of state; Ambassadors, Ministers,
Plenipotentiary, Minister Resident, and Charges d’ Affaires (Note: Consuls Par. 2 – Forging/Counterfeiting Coins or Currency Notes, Obligations
and its officers are NOT exempt of local prosecution) and Securities of the Philippines even if committed abroad.

2) TERRITORIALITY (WHERE?) Par. 3 – Introduction into the Philippines the above – mentioned obligations
and securities.
GR: Criminal Laws undertake to punish crimes committed within Philippine
Territory. Penal Laws are enforceable only within its territory. Par. 4 – When public officers or employees commit an offense in the exercise
of their functions even in foreign countries. The crimes which may be
L: It cannot penalize crimes outside its territories. Thus, the territory only committed are:
includes its Terrestrial (land), Fluvial (maritime and interior waters) as well
as its Aerial (atmosphere) jurisdiction. (Art. 2 1987 PC) a) Direct bribery (A.210)
b) Qualified Bribery (A. 211-A)
c) Indirect bribery (A.211) Ex to the Ex: a) The new law is expressly made inapplicable to pending
d) Corruption (A.212) actions or existing cause of actions; or b) The offender is a habitual criminal.
e) Frauds against the public treasury (A.213)
f) Possession of prohibited interest (A.216) Effects of repeal of penal laws:
g) Malversation of public funds or property (A. 217)
h) Failure to render accounts (A.218) 1) If the repeal makes the penalty lighter in the new law, the new law
i) Illegal use of public funds or property (A.220) shall be applied, except when the offender is a habitual delinquent or when it
j) Failure to make delivery of public funds or property (A.221) is not made applicable to pending action or existing causes of action.
k) Falsification by a public officer or employee committed with abuse of
his official position (A.171) 2) If the new law imposes a heavier penalty, the previous penalty at the time
l) Those with the discharge of their duties in a foreign country. of commission of the crime shall be applied.

Par. 5 – Crimes against national security and the law of nations (Title1 B2 3) If the new law totally repeals the existing law so that the act which
RPC). was penalized under the old law is no longer punishable, the crime is
obliterated.
Crimes against national security:
a) Treason (A.114) 4) Applies to judicial decisions, administrative rulings, and circulars.
b) Conspiracy and proposal to commit treason (A.115)
c) Misprision of treason (A.116) Title One
d) Espionage (A.117)
FELONIES AND CIRCUMSTANCES
Crimes against the law of nations: WHICH AFFECT CRIMINAL LIABILITY

a) Inciting to war or giving motives for reprisals (A.118) Chapter One – FELONIES
b) Violation of neutrality (A.119)
c) Correspondence with hostile country (A.120) Art. 3. Definition — Acts and omissions punishable by law are
d) Flight to enemy‘s country (A.121) felonies (delitos). Felonies are committed not only by means of
e) Piracy in general and mutiny on the high seas or in Philippine waters deceit (dolo) but also by means of fault (culpa).

Note: Crimes against public order (e.g., rebellion, coup d’état, sedition) There is deceit when the act is performed with deliberate intent and
committed abroad is under the jurisdiction of the host country. Terrorism is there is fault when the wrongful act results from imprudence, negligence,
now classified as a crime against national security and the law of nations. lack of foresight, or lack of skill.
(See R.A. 9372, otherwise known as Human Security Act of 2007).
Offense - crime punished under a special law is called a statutory offense.
3) PROSPECTIVITY (WHEN?)
Misdemeanor – a minor infraction of the law such as a violation of an
GR: A penal law cannot make an act punishable if it was not yet ordinance.
punishable during the time of commission of the crime. (No Ex post facto
Law). Act – any external bodily movement with the direct intention of committing
felony.
Ex: When there is a new law more lenient or favorable to the accused, it can
give a retroactive effect. Felony - refers only to violations of the Revised Penal Code.
 b) If an act is proven to be unlawful, then intent will be presumed prima facie
Elements of felonies: (first encounter).
c) An honest mistake of fact destroys the presumption of criminal
1) There must be an act or omission intent which arises from the commission of a felonious act.
2) The act or omission must be punishable by law
3) The act is performed or omission incurred by means of dolo or culpa Criminal intent – is a voluntary mental state shown by the overt (done
openly) unlawful acts of a person.
Omission - failure to perform a duty required by law.
General vs. Specific Intent: In some particular felonies, proof of specific
Punishable omissions in the RPC: intent is required. In certain crimes against property, there must be intent to
gain (Art. 293 – robbery, Art 308 – theft). Intent to kill is essential in
1) Art. 116: Misprision of treason. attempted and frustrated homicide (Art 6 in relation to Art 249), as well as in
2) Art. 137: Disloyalty of public officers or employees. murder. In forcible abduction (Art. 342), specific intent of lewd designs must
3) Art. 208: Negligence and tolerance in prosecution of offenses. be proved.
4) Art. 223: Conniving with or consenting to evasion.
5) Art. 275: Abandonment of person in danger and abandonment of one‘s own Mens Rea - the intention or knowledge of wrong doing that constitutes part of
victim. a crime, as opposed to the action or conduct of the accused.
6) Art. 276: Abandoning a minor.
Actus me invito factus non est meus actus – an act done by me against
Nullum crimen nulla poena sine lege – There is no crime when there is no my will is not my act.
law punishing it.
Actus non facit reum nisi mens sit rea – the act itself does not make a
Pro Reo Doctrine - Whenever there are two interpretations - one lenient man guilty unless his intentions were so.
and one strict to the offender, that which is lenient or favorable to the offender
will be adopted. Requisites of Culpa (without malice):

Classification of Felonies: 1) He must have FREEDOM while doing / omitting to do an act.

2) He must have INTELLIGENCE while doing the act / omitting to do act.
1) Intentional Felony is a malicious act with deliberate intent to cause injury. 3) He is IMPRUDENT, NEGLIGENT, or LACKS FORESIGHT or SKILL while
doing the act / omitting to do an act.
2) Culpable Felony is an unintentional act without malice that causes
injury which is a result of imprudence, negligence, lack of foresight, and lack Mistake of fact (ignorantia legis non excusat) - misapprehension of fact
of skill. on the part of the person who caused injury to another. Anyone will not
be held criminally liable, if there is no criminal intent.
Requisites of Dolo (with malice):
Requisites of Mistake of Fact as a defense:
1) He must have FREEDOM while doing an act or omitting to do an act.
2) He must have INTELLIGENCE while doing / omitting an act. 1) That the act done is the same as the accused believed them to be.
3) He must have INTENT while doing / omitting the act: 2) The intention in performing the act should be lawful.
3) There be no fault or carelessness on the part of the accused.
a) Intent which is a mental process presupposes the exercise of freedom and
the use of intelligence. Art. 4. Criminal liability. — Criminal liability shall be incurred:
 proper, without suspending the execution of the sentence, when a strict
1. By any person committing a felony (delito) although the wrongful act done enforcement of the provisions of this Code would result in the imposition
be different from that which he intended. of a clearly excessive penalty, taking into consideration the degree of
malice and the injury caused by the offense.
2. By any person performing an act which would be an offense Art. 5 Covers two situations:
against persons or property, were it not for the inherent impossibility of its
accomplishment or an account of the employment of inadequate or a. Where the court cannot convict the accused because the act he
ineffectual means. committed is not punishable under the law, but the court deems it
proper to repress such act. The proper judgment is acquittal. The judge must
El que es causa de la causa es causa del mal causado - Spanish maxim report to the Chief Executive that said act be made subject of penal
which means: "He who is the cause of the cause is the cause of the evil caused. legislation and the reasons therefore.

A person is still criminally liable even if: b. Where the court after trial finds the accused guilty, and the penalty
prescribed for the crime appears too harsh considering the conditions
Error in personae – mistake in identity. surrounding the commission of the crime, the judge should impose the law
(not suspend the execution of the sentence). The most that he could
What is the legal effect of error in personae? do is recommend to the Chief Executive to grant executive clemency.

a) if same crime results, liable for the same crime Art. 6. Consummated, frustrated, and attempted felonies. —
b) if different crime results, apply Art. 49 - penalty for lesser crime in its Consummated
maximum period felonies as well as those which are frustrated and attempted are
punishable.
Aberratio ictus - mistake in the blow; when offender intending to do an injury to
one person actually inflicts it on another A felony is consummated when all the elements necessary for its
execution and accomplishment are present; and it is frustrated when
a) There is only one subject the offender performs all the acts of execution which would produce the felony
b) Intended subject is a different subject, but the felony is still the same. as a consequence but which, nevertheless, do not produce it by reason of
causes independent of the will of the perpetrator.
Praeter intentionem - injurious result is greater than that intended (Art. 13 –
mitigating circumstance) There is an attempt when the offender commences the commission
of a felony directly or over acts, and does not perform all the acts of
Art. 5. Duty of the court in connection with acts which should be repressed execution which should produce the felony by reason of some cause or
but which are not covered by the law, and in cases of excessive penalties. accident other than this own spontaneous desistance.

— Whenever a court has knowledge of any act which it may deem proper to Development of a crime:
repress (restrain) and which is not punishable by law, it shall render the
proper decision, and shall report to the Chief Executive, through the 1) Internal Acts – mere ideas in the mind.
Department of Justice, the reasons which induce the court to believe that
said act should be made the subject of legislation. 2) External Acts:
a. Preparatory acts mere proposal or planning;
In the same way, the court shall submit to the Chief Executive, b. Acts of execution: consummated, frustrated, and attempted.
through the Department of Justice, such statement as may be deemed
Consummated – when all the elements necessary for execution are present.
Light felonies are those infractions of law for the commission of which
Frustrated – although all elements are complete, but still not a penalty of arresto menor or a fine not exceeding 200 pesos or both;
consummated at the will of the perpetrator. is provided.

Attempted – the offender commences but does not perform all acts which This Article simply states the classification of felonies according to their
would produce felony. gravity determined by their corresponding penalties attached to them by law.

Indeterminate offense – purpose of the offender in performing the act Art. 10. Offenses not subject to the provisions of this Code. —
is not certain. Offenses which are or in the future may be punishable under
special laws are not subject to the provisions of this Code. This Code
Spontaneous desistance - voluntary omission of the act of execution shall be supplementary to such laws, unless the latter should
may be because of fear or remorse. specially provide the contrary.

Art. 7. When light felonies are punishable. — Light felonies are The first clause states that the Penal Code is not intended to supersede
punishable only when they have been consummated, with the special penal laws, while the second clause makes the Code
exception of those committed against person or property. supplementary to such laws.

Light felonies – light, insignificant moral or material injuries with penalty Chapter Two - JUSTIFYING CIRCUMSTANCES AND CIRCUMSTANCES
of Arresto Menor (imprisonment of 1 day to 30 days). WHICH EXEMPT FROM CRIMINAL LIABILITY

Art. 8. Conspiracy and proposal to commit felony. — Conspiracy Imputability – is the quality by which an act may be ascribed to a person as
and proposal to commit felony are punishable only in the cases in its author or owner. It implies that the act committed has been freely
which the law specially provides a penalty therefor. and consciously done and may, therefore, be put down to the doer as his very
own
A conspiracy exists when two or more persons come to an agreement
concerning the commission of a felony and decide to commit it. Responsibility – is the obligation of suffering the consequences of
crime. It is the obligation of taking the penal and civil consequences of the
There is proposal when the person who has decided to commit a crime.
felony proposes its execution to some other person or persons.
Imputability distinguished from responsibility – while imputability implies
Conspiracy and proposal to commit felony in general are not punishable by that a deed may be imputed to a person, responsibility implies that the person
law since they are only preparatory acts, except when provided by law. must take the consequences of such a deed.

Art. 9. Grave felonies, less grave felonies and light felonies. — Guilt – is an element of responsibility, for a man cannot be made to answer
Grave felonies are those to which the law attaches the capital for the consequences of a crime unless he is guilty.
punishment or penalties which in any of their periods are afflictive, in
accordance with Art. 25 of this Code. Art. 11. Justifying circumstances (lack of criminal intent) — The
following do not incur any criminal liability:
Less grave felonies are those which the law punishes with penalties
which in their maximum period are correctional, in accordance with the 1. (Self - defense) Anyone who acts in defense of his person or rights,
above-mentioned Article. provided that the following circumstances concur;
 Types of Peril:
First. Unlawful aggression.
Second. Reasonable necessity of the means employed to prevent or repel it. Actual – the danger must be present and in existence.
Third. Lack of sufficient provocation on the part of the person defending
himself. Imminent – the danger is on the point of happening.

2. (Defense of Relatives) Anyone who acts in defense of the person

or rights of his spouse, ascendants, descendants, or legitimate, natural or Art. 12. Exempting Circumstances - Circumstances which exempt
adopted brothers or sisters, or his relatives by affinity in the same degrees from criminal liability. — the following are exempt from criminal liability:
and those consanguinity within the fourth civil degree, provided that the
first and second requisites prescribed in the next preceding circumstance 1. An imbecile or an insane person, unless the latter has acted
are present, and the further requisite, in case the revocation was given by during a lucid interval. When the imbecile or an insane person
the person attacked, that the one making defense had no part therein. has committed an act which the law defines as a felony (delito), the
court shall order his confinement in one of the hospitals or
3. (Defense of stranger) Anyone who acts in defense of the person asylums established for persons thus afflicted, which he shall not be
or rights of a stranger, provided that the first and second requisites permitted to leave without first obtaining the permission of the same
mentioned in the first circumstance of this Article are present and that the court.
person defending be not induced by revenge, resentment, or other evil
motive. Imbecile - One who, while advanced in age, has a mental
development comparable to that of a child between 2 and 7 years of age.
4. (Avoidance of greater evil) Any person who, in order to avoid an Exempt in all cases from criminal liability
evil or injury, does not act which causes damage to another, provided that
the following requisites are present; Insane - There is a complete deprivation of intelligence in committing the act
but capable of having lucid intervals. During a lucid interval, the insane
First. That the evil sought to be avoided actually exists; acts with intelligence and thus, is not exempt from criminal liability Insanity is
Second. That the injury feared be greater than that done to avoid it; a defense in the nature of confession and avoidance and must be
Third. That there be no other practical and less harmful means of preventing proved beyond reasonable doubt.
it.
Note: There is another school of thought that believes that insanity, as with
5. Any person who acts in the fulfillment of a duty or in the lawful other such defenses, need only be proved to a degree sufficient to raise a
exercise of a right or office. reasonable doubt of guilt.

6. Any person who acts in obedience to an order issued by a Evidence of insanity must refer to:
superior for some lawful purpose. a. the time preceding the act under prosecution
b. at the very moment of its execution.
Kinds of aggression:
Insanity subsequent to commission of crime is not exempting
Unlawful aggression – actual physical assault, threat or intimidation Feeblemindedness is not imbecility. It is necessary that there is a
which is offensive and positively strong. complete deprivation of intelligence in committing the act, that is, the accused
be deprived of reason, that there is no responsibility for his own acts; that he
Lawful aggression – the fulfillment of a duty or exercise of a right. acts without the least discernment; that there be complete absence of the
power to discern, or that there be a complete deprivation of the freedom 3) He causes an injury to another by mere accident;
of the will. (People vs. Formigones). Cases covered under this article: 4) Without fault or intention of causing it.

(1) Dementia praecox (precocious madness) Accident - something that happens outside the sway of our will and,
(2) Kleptomania: if found by a competent psychiatrist as irresistible although coming about through some act of our will, lies beyond the
(3) Epilepsy bounds of humanly foreseeable consequences.
(4) Somnambulism: sleep-walking (People vs. Taneo)
(5) Malignant malaria: which affects the nervous system Under Article 12, paragraph 4, the offender is exempt not only from criminal
but also from civil liability.
2. A person under fifteen years of age.
5. Any person who act under the compulsion of irresistible force.
RA 9344, Sec. 6: Minimum Age of Criminal Responsibility. - A child
fifteen (15) years of age or under at the time of the commission of the Elements:
offense shall be exempt from criminal liability. However, the child shall
be subjected to an intervention program pursuant to Section 20 of this Act. 1) The compulsion is by means of physical force.
2) That the physical force must be irresistible.
3. A person over fifteen years of age and under eighteen, unless he 3) The physical force must come from a third person.
has acted with discernment, in which case, such minor shall be
proceeded against in accordance with the provisions of Art. 80 of this Note: Before a force can be considered to be an irresistible one, it must
Code. produce such an effect on the individual that, in spite of all resistance, it
reduces him to a mere instrument and, as such, incapable of committing
When such minor is adjudged to be criminally irresponsible, the court, in the crime. (Aquino, Revised Penal Code)
conformably with the provisions of this and the preceding paragraph,
shall commit him to the care and custody of his family who shall be charged 6. Any person who acts under the impulse of an uncontrollable fear
with his surveillance and education otherwise, he shall be committed to the of an equal or greater injury.
care of some institution or person mentioned in said Art. 80.
Requisites:
RA 9344, Sec. 6: Minimum Age of Criminal Responsibility. - A child above
fifteen (15) years but below eighteen (18) years of age shall likewise be 1) That the threat which causes the fear is of an evil greater than or at
exempt from criminal liability and be subjected to an intervention program, least equal to, that which he is forced to commit;
unless he/she has acted with discernment, in which case, such child 2) That it promises an evil of such gravity and imminence that the
shall be subjected to the appropriate proceedings in accordance with this ordinary man would have succumbed to it.
Act.
A threat of future injury is not enough. The compulsion must be of
4. Any person who, while performing a lawful act with due care, such a character as to leave no opportunity to the accused for escape or self-
causes an injury by mere accident without fault or intention of causing defense in equal combat.
it.
7. Any person who fails to perform an act required by law,
Requisites: when prevented by some lawful insuperable cause.

1) A person performing a lawful act; Requisites:

2) With due care;
1) That an act is required by law to be done;  unlawful aggression is present
2) That a person fails to perform such act;  but one or both of the other 2 requisites are not present in any of
3) That his failure to perform such act was due to some lawful or the cases referred to in circumstances number 1, 2 and 3 or Art. 11.
insuperable cause
b. Incomplete justifying circumstance of avoidance of greater evil or
Insuperable cause means insurmountable - some motive, which has injury.
lawfully, morally or physically prevented a person to do what the law
commands. Requisites under par. 4 of Art. 11:

1) That the evil sought to be avoided actually exists;

2) That the injury feared be greater than that done to avoid it;
Chapter Three - CIRCUMSTANCES WHICH MITIGATE CRIMINAL 3) There be no other practical and less harmful means of preventing it.
LIABILITY
Avoidance of greater evil or injury is a justifying circumstance if all the
Art. 13. Mitigating circumstances — The following are mitigating three requisites mentioned in par. 4 of Art. 11 are present. But if any of the last
circumstances; two requisites is lacking, there is only a mitigating circumstance. The
first element is indispensable.
1. Those mentioned in the preceding chapter, when all the
requisites necessary to justify or to exempt from criminal liability c. Incomplete justifying circumstance of performance of duty
in the respective cases are not attendant.
Requisites under par.5, Art. 11:
The circumstances of justification or exemption which may give place to
mitigation, because not all the requisites necessary to justify the act or to 1) That the accused acted in the performance of a duty or in the lawful
exempt from criminal liability in the respective cases are attendant, are the exercise of a right or office; and
following: 2) That the injury caused or offense committed be the necessary
consequence of the due performance of such duty or the lawful exercise
(1) Self-defense (Art. 11, par. 1) of such right or office.
(2) Defense of relatives (Art. 11, par. 2)
(3) Defense of strangers (Art. 11, par. 3) d. Incomplete exempting circumstance of accident:
(4) State of necessity (Art. 11, par. 4)
(5) Performance of duty (Art. 11, par. 5)
Requisites under par. 4 of Art. 12:
(6) Obedience to the order of superiors (Art. 11, par. 6)
(7) Minority over 15 years of age but below 18 years of age (Art. 12, par. 3)
1) A person is performing a lawful act
(8) Causing injury by mere accident (Art. 12, par.4)
2) With due care
(9) Uncontrollable fear (Art. 12 par. 6)
3) He causes an injury to another by mere accident
4) Without fault or intention of causing it
Incomplete justifying circumstances:
There is NO SUCH MITIGATING CIRCUMSTANCE because:
a. Incomplete self-defense, defense of relatives, defense of stranger
 If the 2nd requisite and 1st part of the 4th requisite are absent, the case
In these 3 classes of defense, UNLAWFUL AGGRESSION must always
will fall under Art. 365 which punishes reckless imprudence.
be present. It is an indispensable requisite. Par. 1 of Art. 13 is applicable only
when:  If the 1st requisite and 2nd part of the 4th requisite are absent, it will be
an intentional felony (Art. 4, par. 1). Determination of Age – The child in conflict with the law shall enjoy
the presumption of minority. He/She shall enjoy all the rights of a child in
Incomplete exempting circumstance of uncontrollable fear: conflict with the law until he/she is proven to be eighteen (18) years old or
older. The age of a child may be determined from the child's birth certificate,
Requisites under par. 6 of Art. 12: baptismal certificate or any other pertinent documents. In the absence of
these documents, age may be based on information from the child
1) That the threat which caused the fear was of an evil greater than, or at himself/herself, testimonies of other persons, the physical appearance of
least equal to, that which he was required to commit; the child and other relevant evidence. In case of doubt as to the age of
2) That it promised an evil of such gravity and imminence that an the child, it shall be resolved in his/her favor.
ordinary person would have succumbed to it.
Any person contesting the age of the child in conflict with the law prior to
Note: If only one of these requisites is present, there is only a the filing of the information in any appropriate court may file a case in a
mitigating circumstance. summary
proceeding for the determination of age before the Family Court which
2. That the offender is under eighteen year of age or over seventy shall decide the case within twenty-four (24) hours from receipt of the
years. In the case of the minor, he shall be proceeded against appropriate pleadings of all interested parties. If a case has been filed
in accordance with the provisions of Art. 80. against the child in conflict with the law and is pending in the appropriate
court, the person shall file a motion to determine the age of the child in
a. In lowering the penalty: Based on age of the offender at the time of the same court where the case is pending. Pending hearing on the
the commission of the crime not the age when sentence is imposed. said motion, proceedings on the main case
shall be suspended.
b. In suspension of the sentence: Based on age of the offender (under
Art. 18) at the time the sentence is to be promulgated (See Art. 80) 3. That the offender had no intention to commit so grave a wrong as
that committed. (Unintentional)
c. Par. 2 contemplates the ff:
4. That sufficient provocation or threat on the part of the offended
1) An offender over 9 but under 15 of age who acted with discernment. party immediately preceded the act.
2) An offender fifteen or over but under 18 years of age.
3) An offender over 70 years old 5. That the act was committed in the immediate vindication of a
grave offense to the one committing the felony (delito), his spouse,
Legal effects of various ages of offenders: ascendants, or relatives by affinity within the same degrees.

1. 15 and below - Exempting 6. That of having acted upon an impulse so powerful as naturally to
2. Above 15 but under 18 years of age, also an exempting circumstance, have produced passion or obfuscation.(impulsive reaction to act upon)
unless he acted with discernment (Art. 12, par. 3 amended by RA 9344).
3. Minor delinquent under 18 years of age, the sentence may be 7. That the offender had voluntarily surrendered himself to a person
suspended. (Art. 192, PD No. 603 as amended by PD 1179) in authority or his agents, or that he had voluntarily confessed his guilt
4. 18 years or over, full criminal responsibility. before the court prior to the presentation of the evidence for the
5. 70 years or over – mitigating, no imposition of death penalty; if already prosecution
imposed. Execution of death penalty is suspended and commuted.
8. That the offender is deaf and dumb, blind or otherwise suffering
some physical defect which thus restricts his means of action, defense, or
communications with his fellow beings.
 8. That the crime be committed with the aid of armed men or persons
9. Such illness of the offender as would diminish the exercise of the who insure or afford impunity.
will-power of the offender without however depriving him of the
consciousness of his acts. 9. That the accused is a recidivist. A recidivist is one who, at the
time of his trial for one crime, shall have been previously convicted by final
10. And, finally, any other circumstances of a similar nature and judgment of another crime embraced in the same title of this Code.
analogous to those above mentioned.
10. That the offender has been previously punished by an offense to
Chapter Four - CIRCUMSTANCE WHICH AGGRAVATE CRIMINAL which the law attaches an equal or greater penalty or for two or more
LIABILITY crimes to which it attaches a lighter penalty.

Art. 14 Aggravating circumstance. — The following are aggravating 11. That the crime be committed in consideration of a price, reward,
circumstances: or promise.

1. That advantage be taken by the offender of his public position. 12. That the crime be committed by means of inundation, fire,
poison, explosion, stranding of a vessel or international damage thereto,
2. That the crime be committed in contempt or with insult to the public derailment of a locomotive, or by the use of any other artifice involving
authorities.(with knowledge to commit a crime in the presence of great waste and ruin.
public authorities)
13. That the act be committed with evidence premeditation.
3. That the act be committed with insult or in disregard of the respect
due the offended party on account of his rank, age, or sex, or that is be 14. That the craft, fraud or disguise be employed.
committed in the dwelling of the offended party, if the latter has not given
provocation. 15. That advantage be taken of superior strength, or means be
employed to weaken the defense.
4. That the act be committed with abuse of confidence or obvious
ungratefulness. 16. That the act be committed with treachery (alevosia). There is treachery
when the offender commits any of the crimes against the person, employing
5. That the crime be committed in the palace of the Chief Executive or in his means, methods, or forms in the execution thereof which tend directly
presence, or where public authorities are engaged in the discharge of and specially to insure its execution, without risk to himself arising from
their duties, or in a place dedicated to religious worship. the defense which the offended party might make.

6. That the crime be committed in the night time, or in an uninhabited 17. That means be employed or circumstances brought about which
place, or by a band, whenever such circumstances may facilitate the add ignominy to the natural effects of the act.
commission of the offense. Whenever more than three armed male factors
shall have acted together in the commission of an offense, it shall be 18. That the crime be committed after an unlawful entry. There is an unlawful
deemed to have been committed by a band. entry when an entrance of a crime a wall, roof, floor, door, or window
be broken.
7. That the crime be committed on the occasion of a conflagration, shipwreck,
earthquake, epidemic or other calamity or misfortune. 20. That the crime be committed with the aid of persons under fifteen
years of age or by means of motor vehicles, motorized watercraft,
airships, or other similar means. (As amended by RA 5438).
 (also brothers, sisters, brothers or sisters-in-law if living together). It becomes
21. That the wrong done in the commission of the crime be deliberately an EXEMPTING circumstance.
augmented by causing other wrong not necessary for its commissions.
Aggravating Circumstance if: In crimes against persons – in cases
Recidivism – Where a person, on separate occasions, is convicted of where the offended party is higher, or when the offender and the
two offenses embraced in the same title in the RPC. This is a generic offended party are relatives of the same level, as killing a brother, adopted
aggravating circumstance. brother or half-brother. It is always aggravating in crimes against chastity.

Recidivist – one who at the time of his trial for one crime, shall have * Relationship is neither mitigating nor aggravating when
been previously convicted by final judgment of another crime embraced relationship is an element of the offense. Example: parricide, adultery,
in the same title of the RPC. concubinage.

Reiteracion or Habituality – Where the offender has been previously INTOXICATION

punished for an offense to which the law attaches an equal or greater
penalty or for two crimes to which it attaches a lighter penalty. This is a Mitigating Circumstance if: a) if not habitual; b) if not subsequent to the
generic aggravating circumstance. plan to commit a felony
Art 15. ALTERNATIVE CIRCUMSTANCES. Their concept. —
Alternative circumstances are those which must be taken into Aggravating Circumstance if: a) if it is habitual – such habit must be actual
consideration as aggravating or mitigating according to the nature and and confirmed; b) if intentional (subsequent to the plan to commit a felony)
effects of the crime and the other conditions attending its
commission. They are the relationship, intoxication and the degree of DEGREE OF INSTRUCTION AND EDUCATION
instruction and education of the offender.
Mitigating Circumstance if: Low degree of instruction/education or the lack
The alternative circumstance of relationship shall be taken into of it, because he does not fully realize the consequences of his criminal act.
consideration when the offended party is the spouse, ascendant, Not just mere illiteracy but lack of intelligence.
descendant, legitimate, natural, or adopted brother or sister, or relative by
affinity in the same degrees of the offender. Aggravating Circumstance if: High degree of instruction/education –
offender avails himself of his learning in committing the offense.
The intoxication of the offender shall be taken into consideration as
a mitigating circumstances when the offender has committed a felony in a EX: (not mitigating) crimes against property, crimes against chastity
state of intoxication, if the same is not habitual or subsequent to the plan (rape included), and crime of treason
to commit said felony but when the intoxication is habitual or intentional, it
shall be considered as an aggravating circumstance. Title Two - PERSONS CRIMINALLY LIABLE FOR FELONIES

RELATIONSHIP Art 16. Who are criminally liable. — The following are criminally
liable for grave and less grave felonies:
Mitigating Circumstance if: Crimes against property (Robbery,
Usurpation, Fraudulent insolvency, Arson). RUFA 1. Principals.
2. Accomplices.
EX: STEM Art 332 of CC – no criminal liability, but only civil liability for the 3. Accessories.
crimes of Swindling, Theft, Estafa, or Malicious mischief committed or caused
mutually by spouses, ascendants, descendants or relatives by affinity The following are criminally liable for light felonies:
 Principals by Induction
1. Principals
2. Accomplices. Requisites:

Art 17. Principals. — The following are considered principals: 1. Inducement be made directly with the intention of procuring the
commission of the crime
1. Those who take a direct part in the execution of the act 2. such inducement be the determining cause of the commission of the
2. Those who directly force or induce others to commit it crime by the material executor
3. Those who cooperate in the commission of the offense by
another act without which it would not have been accomplished. Requisites for words of command to be considered inducement:

Principals by Direct Participation 1. Commander has intention of procuring the commission of the crime
2. Commander has ascendancy or influence
Requisites for 2 or more to be principals by direct participation: 3. Words used be so direct, so efficacious, so powerful
4. Command be uttered prior to the commission
a. participated in the criminal resolution (conspiracy) 5. Executor had no personal reason
b. carried out their plan and personally took part in its execution by acts
which directly tended to the same end Principal by induction liable only when principal by direct participation
EX: in the crime of murder with treachery – all the offenders must at least committed the act induced. Induction may be by Prize, Reward, or
know that there will be treachery in executing the crime or cooperate therein. Promise and/or by Irresistible Force or Uncontrollable Fear.

Conspiracy – Is unity of purpose and intention. Words uttered in the heat of anger and in the nature of the command that
had to be obeyed do not make one an inductor.
Implied conspiracy – exists when the offenders acted in concert with
unity of purpose and unity of execution without having a formal agreement Principals by Indispensable Cooperation

Establishment of Conspiracy Requisites:

a. proven by overt act 1. Participation in the criminal resolution

b. Not mere knowledge or approval 2. Cooperation through another act (includes negligence) there is
c. It is not necessary that there be formal agreement. collective criminal responsibility when the offenders are criminally liable
d. Must prove beyond reasonable doubt in the same manner and to the same extent. The penalty is the same for
e. Conspiracy is implied when the accused had a common purpose all.
and were united in execution.
f. Unity of purpose and intention in the commission of the crime may There is collective criminal responsibility when the offenders are
be shown in the following cases: criminally liable in the same manner and to the same extent. The penalty is
1. Spontaneous agreement at the moment of commission of the crime the same for all.
2. Active Cooperation by all the offenders in the perpetration of the crime
3. Contributing by positive acts to realization of a common criminal intent There is individual criminal responsibility when there is no
4. Presence during the commission of the crime by a band and lending conspiracy.
moral support thereto.
Distinguish: PRINCIPAL AND CO-CONSPIRATOR
 2. By concealing or destroying the body of the crime, or the effects
As to criminal liability, Principal is limited to his own acts while a co- or instruments thereof, in order to prevent its discovery.
conspirator includes the acts of his fellow conspirators.
3. By harboring, concealing, or assisting in the escape of the
Distinguish: ACCOMPLICE AND CONSPIRATOR principals of the crime, provided the accessory acts with abuse of his
public functions or whenever the author of the crime is guilty of treason,
As to CRIMINAL INTENT, conspirators know the criminal intention parricide, murder, or an attempt to take the life of the Chief Executive, or is
because they themselves have decided upon such course of action. known to be habitually guilty of some other crime.

Accomplices come to know about it after the principal have reached the GR: When the principal acquitted, the accessory is also acquitted.
decision, and only then they do agree to cooperate in its execution.
EX: When the crime was in fact committed but the principal is covered
As to DECISION to commit the crime, conspirators decide that a crime by
should be committed; accomplices do not decide whether the crime exempting circumstances.
should be committed, they merely assent to the plan and cooperate in its
accomplishment. Trial of accessory may proceed without awaiting the result of the
separate charge against the principal because the criminal
As to their PARTICIPATION, conspirators are the authors of the crime; responsibilities are distinct from each other.
accomplices are merely their instruments who perform acts not essential
to the perpetration of the offense. Liability: the responsibility of the accessory is subordinate to that of a principal
in a crime because the accessory’s participation therein is subsequent
Art. 18. Accomplices. — are those persons who, not being included to its commission, and his guilt is directly related to the principal. If the
in Art.17 cooperate in the execution of the offense by previous or principal was acquitted by an exempting circumstance the accessory may still
simultaneous acts. be held liable.

Requisites: Difference of accessory from principal and accomplice:

1. there be a community of design (principal originates the design,
accomplice only concurs) a. Accessory does not take direct part or cooperate in, or induce the
2. he cooperates in the execution by previous or simultaneous acts, commission of the crime
intending to give material and moral aid (cooperation must be knowingly b. Accessory does not cooperate in the commission of the offense by
done, it must also be necessary and not indispensable acts either prior thereto or simultaneous therewith
3. There be a relation between the acts of the principal and the alleged c. Participation of the accessory in all cases always takes place after
accomplice the commission of the crime
d. Takes part in the crime through his knowledge of the commission of
Art. 19. Accessories. — Accessories are those who, having the offense.
knowledge of the commission of the crime, and without having
participated therein, either as principals or accomplices, take part Art. 20. Accessories who are EXEMPT from criminal liability. —
subsequent to its commission in any of the following manners: The penalties prescribed for accessories shall not be imposed upon
those who are such with respect to their spouses, ascendants,
1. By profiting themselves or assisting the offender to profit by the descendants, legitimate, natural, and adopted brothers and sisters, or
effects of the crime. relatives by affinity within the same degrees, with the single
exception of accessories falling within the provisions of paragraph 1
of the next preceding article.
 proceeds of said crime;
Basis: Ties of blood and the preservation of the cleanliness of one’s name 3) accused knows or should have known that said article has been derived
which compels one to conceal crimes committed by relatives so near as from
those mentioned. the proceeds of #1;
4) there is, on the part of the accused, intent to gain for himself or for another.
EX: Only accessories covered by par 2 and 3 are exempted.
Title Three
Accessories are not exempt when they helped a relative-principal by
profiting from the effects of the crime, or assisted the offender to profit from Chapter One - PENALTIES IN GENERAL
the effects of the crime.
Penalty – is the suffering inflicted by the State for the transgression of a law.
Public officer who helped his guilty brother escape does not incur
criminal liability as ties of blood constitute a more powerful incentive than the The purpose of the State in imposing penalties is to secure justice.
call of duty.
Theories Justifying penalty: Prevention, Self – defense, Reformation,
Anti - Fencing Law P.D. 1612 (in relation to an accessory by profiting from Exemplarity, and Justice.
effects of crime)

Fence – is a person who commits the act of fencing (an act, with intent to 3 Fold Purpose of Penalty:
gain, of buying, selling, receiving, possessing, keeping, or in any other
manner dealing in anything of value which a person knows or should a. Retribution or Expiation – penalty commensurate with the gravity
have known to be derived from the proceeds of the crime of robbery or of the offense
theft.) A fence who receives stolen property as above-provided is not an b. Correction or Reformation – rules which regulate the execution of
accessory but a principal in the crime defined in and punished by the penalties consisting of deprivation of liberty
Anti-Fencing Law. Mere possession of anything of value which has been c. Social Defense – inflexible severity to recidivists and habitual delinquents
the subject of robbery or theft shall be prima facie evidence of fencing.
Fencing – is the act of any person who, with intent to gain for himself Art. 21. Penalties that may be imposed. — No felony shall be punishable
or for another, shall buy, receive, possess, keep, acquire, conceal, sell or by any penalty not prescribed by law prior to its commission.
dispose of, or shall buy and sell, or in any other manner deal in any
article, item, object, or anything of value which he knows, or should be EX: When the penalty is favorable to the criminal
known to him, to have been derived from the proceeds of the crime of
robbery or theft. (Dunlao v. CA). The crime of fencing applies only to Guarantees that no act of a citizen will be considered criminal unless the
proceeds of theft or robbery. If it’s some other crime, then it would make the State has made it so by law and provided a penalty.
person merely an accessory.
Art. 22. Retroactive effect of penal laws. — Penal Laws shall have
Elements: a retroactive effect insofar as they favor the persons guilty of a felony,
who is not a habitual criminal, as this term is defined in Rule 5 of Article
1) robbery or theft has been committed; 62 of this Code, although at the time of the publication of such laws a
2) accused, not a principal or accomplice in #1, buys, receives, final sentence has been pronounced and the convict is serving the
possesses, same.
keeps, acquires, conceals, sells, disposes, or buys and sells, or in any
manner deals in any article of value, which have been derived from GR: Criminal laws are given prospective effects
the
EX: Give retroactive effect when favorable to the accused. Ex. Special law
made the penalty less severe – but must refer to the same deed or omission
penalized by the former statute.

EX to EX: Habitual criminal (person who within the pd of 10 years from date
of release or last conviction of the crimes of serious or less serious physical
injuries, robbery, theft, estafa or falsification, he is found guilty of any said
crimes a third time or oftener) is NOT entitled to the benefit of the
provisions of the new favorable law.

Civil liabilities not covered by Art 22 because rights of offended persons are
not within the gift of arbitrary disposal of the State. But new law
increasing civil liability cannot be given retroactive effect.