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CLJ3 - BOOK 1 JEMAA

Introduction to Criminology (Philippine College of Criminology)

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CRIMINAL LAW BOOK 1

Lesson 1

CRIMINAL LAW
- That branch of public substan琀椀ve law which de昀椀nes crimes, treats of their nature, and provides for
their punishment. [REYES, Book 1]

Crime
- An act commi琀琀ed or omi琀琀ed in viola琀椀on of a public law forbidding or commanding it. It is a
generic term used to refer to a wrongdoing punished by either the RPC or a special law.
[ORTEGA]

Crimes by Commission Crimes by Ommission

A crime commi琀琀ed when a person commi琀琀ed an A crime commi琀琀ed when a person failed to do an
act that is forbidden according to the law. act which the public law command.

Example: Example:
Murder Ar琀椀cle 248, Revised Penal Code Abandonment of person in danger and
The昀琀 Ar琀椀cle 309, Revised Penal Code abandonment of one's own victim, Article 275
Grave Threats Ar琀椀cle 282, Revised Penal Code Revised Penal Code
e.t.c. Refusal to discharge elective office, Article
234 Revised Penal Code
Misprision of Treason, Ar琀椀cle 116, Revised Penal
Code

Sources of Criminal Law:

1.Revised Penal Code (Act No. 3815) and its amendments (REPUBLIC ACT NO. 10592, Republic Act
No. 10951)

- The Revised Penal Code or Act 3815 was 昀椀rst enacted in 1930 and took e昀昀ect in January 1, 1932.
The code was dra昀琀ed by a commi琀琀ee led by Jundge Anacleto Diaz. The basis of the Revised
Penal Code is the Spanish Codigo Penal.

2.Special Penal laws

- Are those Criminal Laws passed by the Philippine Commission, Philippine Assembly, Philippine
Legislature, Na琀椀onal Assembly, Batasang Pambansa, and currently the Congress of the
Philippines.

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3. Penal Presiden琀椀al Decrees issued during Mar琀椀al Law

- Those passed during the mar琀椀al law under the presidency of Ferdinand Emmanuel Edralin
Marcos Sr.

4. Local Ordinances

- Those laws passed by the local governments units.

Nullum crimen nulla poena sine lege

- There is no criminal liability if the act is not punishable by a par琀椀cular provision in penal law or
special penal law. There is no crime when there is no law punishing it. [Potenciano Evangelista
v. People, G.R. Nos. 108135-36, 14 (2000)]

- There is no common law crimes in the Philippines, unlike in other countries such as the United
States and England, Court decisions in the Philippines are not sources of criminal law, because
they merely explain the meaning of, and apply, the law as enacted by the legisla琀椀ve branch of
the government. For an act to be a crime, a law must by enacted by the Congress or the
legisla琀椀ve branch of the government, de昀椀ning an act as a crime and providing for its
punishment.

Power of the State to define and punish crime

- Police power of the State police power as the power to promote the general welfare and public
interest; to enact such laws in rela琀椀on to persons and property as may promote public health,
public morals, public safety and the general welfare of each inhabitant; to preserve public order
and to prevent o昀昀enses against the state and to establish for the intercourse of ci琀椀zen with
ci琀椀zen those rules of good manners and good neighborhood calculated to prevent con昀氀ict of
rights. (Morfe vs Mutuc, G.R. No. L20387 January 31, 1968)

The State has the authority, under its police power, to de昀椀ne and punish crimes and to lay down
the rules of criminal procedure. States, as a part of their police power, have a large measure of
discre琀椀on in crea琀椀ng and de昀椀ning criminal o昀昀enses (People vs San琀椀ago, 43 Phil. 120, 124)

- Ar琀椀cle II Sec琀椀on 5

The maintenance of peace and order, the protec琀椀on of life, liberty, and property, and promo琀椀on
of the general welfare are essen琀椀al for the enjoyment by all the people of the blessings of
democracy.

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When the func琀椀on to maintain of peace and order, the protect n of life, liberty, and property
failed, the State has the right to prosecute and punish. The right of prosecu琀椀on and punishment
for a crime is one of the a琀琀ributes that by a natural law belongs to the sovereign power
ins琀椀nc琀椀vely charged by the common will of the members of society to look a昀琀er, guard and
defend the interests of the community, the i8ndividual and social rights and the liber琀椀es of every
ci琀椀zen and the guaranty of the exercise of his rights. (U.S. vs. Pablo, 35 Phil. 94, 100)

LIMITATIONS ON POWER OF CONGRESS TO ENACT PENAL LAWS

[Ex-DPP]

1. No Ex post facto law or bill of a琀琀ainder shall be enacted. [Art. III, Sec. 22, 1987
Constitution]

It is well se琀琀led that a law is said to be ex post facto when it penalizes as a public o昀昀ense
an act which was not at the 琀椀me of its commission; when it aggravates or makes a crime
greater than it was when commi琀琀ed; when it changes the punishment and in昀氀icts a greater
on than the law annexed to the o昀昀ense when commi琀琀ed, and when it alters the rules of
evidence, and requires less tes琀椀mony or evidence than the law required at the 琀椀me of the
commission of the o昀昀ense, order to make the convic琀椀on more easy: in short, when the law,
in rela琀椀on to the o昀昀ense and its consequences, alters the situa琀椀on of a party to his
advantages. (11 Am. Jur., sec琀椀on 348).

This principle is likewise related to the principle of nullum crimen nulla poene sine lege.

2. No person shall be held to answer for a criminal o昀昀ense without Due Process of law. [Art. III,
Sec. 14(1), 1987 Cons琀椀tu琀椀on]

A person has the right to be presumed innocent un琀椀l he is found guilty, as such one cannot
be imprisoned without undergoing within the system of processes which the state imposed
for the observance of due process rights of an undividual.

Criminal Due Process:

1. The accused must be heard by a court of COMPETENT

JURISDICTION
2. He must have been proceeded against under ORDERLY
PROCESSES OF THE LAW
3. He may be punished only a昀琀er INQUIRY AND INVESTIGATION
4. There must be NOTICE to the accused
5. The accused must be given an OPPORTUNITY TO BE HEARD 6. Judgment must
be rendered WITHIN THE AUTHORITY of cons琀椀tu琀椀onal law

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3. Excessive 昀椀nes shall not be imposed, nor cruel, degrading or inhuman Punishment in昀氀icted.
[Art. III, Sec. 19(1), 1987 Constitution]

Theories of deterrence and retribu琀椀on share the idea that punishments should be
propor琀椀onate to the gravity of the crime, a principle of prac琀椀cal importance. 1

Constitutional Rights of the Accused

1. Section 16. All persons shall have the right to a speedy disposition of their cases before
all judicial, quasi-judicial, or administrative bodies.

2. Section 14. (1) No person shall be held to answer for a criminal offense without due
process of law.
(2) In all criminal prosecutions, the accused shall be presumed innocent until the
contrary is proved, and shall enjoy the right to be heard by himself and counsel, to be
informed of the nature and cause of the accusation against him, to have a speedy,
impartial, and public trial, to meet the witnesses face to face, and to have compulsory
process to secure the attendance of witnesses and the production of evidence in his
behalf. However, after arraignment, trial may proceed notwithstanding the absence of
the accused provided that he has been duly noti昀椀ed and his failure to appear is
unjusti昀椀able.
3. Section 17. No person shall be compelled to be a witness against himself.

4. Section 12. (1) Any person under investigation for the commission of an offense shall
have the right to be informed of his right to remain silent and to have competent and
independent counsel preferably of his own choice. If the person cannot afford the
services of counsel, he must be provided with one. These rights cannot be waived except
in writing and in the presence of counsel.
(2) No torture, force, violence, threat, intimidation, or any other means which vitiate
the free will shall be used against him. Secret detention places, solitary, incommunicado,
or other similar forms of detention are prohibited.
(3) Any confession or admission obtained in violation of this or Section 17 hereof
shall be inadmissible in evidence against him.

5. Section 19. (1) Excessive 昀椀nes shall not be imposed, nor cruel, degrading or inhuman
punishment in昀氀icted. Neither shall the death penalty be imposed, unless, for compelling
reasons involving heinous crimes, the Congress hereafter provides for it. Any death
penalty already imposed shall be reduced to reclusion perpetua.

6. Section 21. No person shall be twice put in jeopardy of punishment for the same
offense. If an act is punished by a law and an ordinance, conviction or acquittal under
either shall constitute a bar to another prosecution for the same act.

1 h#ps://www.britannica.com/topic/punishment/General-deterrence#ref991080

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7. Section 11. Free access to the courts and quasi-judicial bodies and adequate legal
assistance shall not be denied to any person by reason of poverty.

Statutory Rights of the Accused

In all criminal prosecu琀椀ons, the accused shall be en琀椀tled to the following rights:

(a) To be presumed innocent un琀椀l the contrary is proved beyond reasonable doubt. (b) To be

informed of the nature and cause of the accusa琀椀on against him.

(c) To be present and defend in person and by counsel at every stage of the proceedings, from
arraignment to promulga琀椀on of the judgment.

(d) To tes琀椀fy as a witness in his own behalf but subject to cross-examina琀椀on on ma琀琀ers covered
by direct examina琀椀on. His silence shall not in any manner prejudice him.

(e) To be exempt from being compelled to be a witness against himself.

(f) To confront and cross-examine the witnesses against him at the trial.

(g) To have compulsory process issued to secure the a琀琀endance of witnesses and produc琀椀on of
other evidence in his behalf.

(h) To have speedy, impar琀椀al and public trial.

(i) To appeal in all cases allowed and in the manner prescribed by law.

Kinds of Crime

1. Crimes Mala In se

A crime or an act that is inherently immoral, such as murder, arson, or rape.

2. Crimes mala prohibita

An act that is considered a crime because it is prohibited by statute, although the act itself is not
necessarily immoral.

Scope and Characteristics of Penal Law

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GENERALITY

Penal laws are obligatory on all persons who live or sojourn in Philippine territory, regardless of
na琀椀onality, gender, or other personal circumstances, subject to the principles of public interna琀椀onal law
and to treaty s琀椀pula琀椀ons.

Excep琀椀ons:

1. Treaty S琀椀pula琀椀ons

Exists in those instances, when the State enters into a treaty with another Stated s琀椀pula琀椀ng non-
applica琀椀on of the penal law to the subjects of the second stated despite being in the Philippine
soil. Such as in the bases agreements between the Philippines and the United Stated, the la琀琀er
exercises jurisdic琀椀on to US Soldiers in certain cases despite in the Philippine Territory.

2. Laws of Preferen琀椀al Applica琀椀on

Example:

a. Members of Congress are not liable for libel or slander for any speech in
Congress or in any commi琀琀ee thereof. (Sec. 11, VI, 1987 Cons琀椀tu琀椀on)

b. Any ambassador or public minister of any foreign state are exempt from arrest and
imprisonment.

3. Principles of Public Interna琀椀onal Law

Under interna琀椀onal law the following are not subject to the opera琀椀on of our criminal laws:

a. Sovereigns and other chief of state;

b. Ambassadors, ministers plenipoten琀椀ary, ministers resident, and charges d’a昀昀aires.

4. Warship Rule

A warship of another country, even though docked in the Philippines, is considered an extension
of the territory of its respec琀椀ve country. [Art. 27, United Nations Convention on the Laws of
the Sea]

TERRITORIALITY

A rule that penal laws of the Philippines shall be enforceable only within its territory.

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Except as provided in the trea琀椀es and laws of preferen琀椀al applica琀椀on, the provisions of this Code shall
be enforced not only within the Philippine Archipelago, including its atmosphere, its interior waters and
mari琀椀me zone, but also outside of its jurisdic琀椀on, against those who:

1. Should commit an o昀昀ense while on a Philippine ship or airship.

a. English Rule

- is that crimes are triable unless such crimes a昀昀ect merely the internal management of
the vessel.

b. French Rule
- is that crimes commi琀琀ed on board are not triable in our country unless those a昀昀ect the
peace and security of our country

2. Should forge or counterfeit any coin or currency note of the Philippine Islands or obliga琀椀ons
and securi琀椀es issued by the Government of the Philippine Islands;

3. Should be liable for acts connected with the introduc琀椀on into these islands of the obliga琀椀ons
and securi琀椀es men琀椀oned in the presiding number;

4. While being public o昀케cers or employees, should commit an o昀昀ense in the exercise of their
func琀椀ons; or

5. Should commit any of the crimes against na琀椀onal security and the law of na琀椀ons, de昀椀ned in
Title One of Book Two of this Code.

PROSEPECTIVITY
Penal law cannot make an act punishable in a manner in which it was not punishable when
commi琀琀ed. Crimes are punished under the laws in force at the 琀椀me of their commission.

Excep琀椀on: Insofar as they favor the person guilty of a felony although at the 琀椀me of the publica琀椀on of
such laws, a 昀椀nal sentence has been pronounced and the convict is serving the same. [Art. 22, RPC]

Excep琀椀on to the Excep琀椀on:

1. The new law is expressly made inapplicable to pending ac琀椀ons or exis琀椀ng cause of ac琀椀ons.
(Tavera vs Valdez, 1 Phil. 463)
2. The o昀昀ender is a habitual criminal. (art. 22, RPC)

Doctrine of Pro Reo

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- Penal statutes should be strictly construed against the State only when the law is ambiguous and
there is doubt regarding its interpreta琀椀on. Where the law is clear and unambiguous, there is no
room for the rule to apply.

Equipoise Doctrine

- When the evidence of the prosecu琀椀on and the defense are equally balanced, the scale should be
琀椀lted in favor of the accused, according to the cons琀椀tu琀椀onal presump琀椀on of innocence.

Interpretation of Penal Law

- Spanish Text of the RPC Prevails over its English Transla琀椀on

In the construc琀椀on or interpreta琀椀on of the provision of the RPC, the Spanish text is controlling,
because it was approved by the Philippine Legislature in its Spanish text.

Retroactivity

- General Rule: No felony shall be punishable by any penalty not prescribed by law prior to its
commission. [Art. 21, RPC].

- Excep琀椀on: Insofar as they favor the person guilty of a felony although at the 琀椀me of the
publica琀椀on of such laws, a 昀椀nal sentence has been pronounced and the convict is serving the
same. [Art. 22, RPC]

- Excep琀椀ons to the Excep琀椀on:

The new law is expressly made inapplicable to pending ac琀椀ons or exis琀椀ng cause of ac琀椀ons The
o昀昀ender is a habitual criminal.

Theories of Criminal Law

1. Classical Theory – Man is essen琀椀ally a moral creature with an absolute free will to choose
between good and evil; Basic criminal liability is human free will and the purpose of the penalty
is retribu琀椀on; and Crime is a juridical en琀椀ty and the penalty is an evil and a means of juridical
tutelage.2
2. Posi琀椀vist Theory - Man is subdued occasionally by a strange and morbid phenomenon which
condi琀椀ons him to do wrong contrary to his voli琀椀on; Crime is essen琀椀ally a social and moral

2
law/#:~:text=If%20the%20foreign%20vessel%20is%20a%20merchant%20vessel%2C%20there%20are,such%20crim
es%20a昀昀ect%20merely%20the

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phenomenon and penalty is imposed for self-defense; Basis of criminal responsibility is his
dreadfulness or dangerous state.3

Generally, we follow the classical theory, however there are several provisions incorpora琀椀ng posi琀椀vist
theory.

Lesson 2 - 3

Sources of Criminal Law:

1.Revised Penal Code (Act No. 3815) and its amendments (REPUBLIC ACT NO. 10592, Republic Act No.
10951)

- The Revised Penal Code or Act 3815 was 昀椀rst enacted in 1930 and took e昀昀ect in January 1, 1932.
The code was dra昀琀ed by a commi琀琀ee led by Jundge Anacleto Diaz. The basis of the Revised
Penal Code is the Spanish Codigo Penal.

- Viola琀椀on to these laws is classi昀椀ed as felony

ELEMENTS OF A FELONY:
1. There must be an act or omission;
2. An act or omission is commi琀琀ed by means of Dolo/Culpa;
3. Such act or omission must be punished by the Code.

2.Special Penal laws

- Are those Criminal Laws passed by the Philippine Commission, Philippine Assembly, Philippine
Legislature, Na琀椀onal Assembly, Batasang Pambansa, and currently the Congress of the
Philippines.

3. Penal Presiden琀椀al Decrees issued during Mar琀椀al Law

- Those passed during the mar琀椀al law under the presidency of Ferdinand Emmanuel Edralin
Marcos Sr.

4. Local Ordinances

3 Ibid.

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- Those laws passed by the local legisla琀椀ves of each local government unit. These local laws are
applicable only within their respec琀椀ve poli琀椀cal jurisdic琀椀on.

- Viola琀椀on of special criminal law and ordinances is classi昀椀ed as offense

Crimes Mala In Se vs Crimes Mala Prohibita

1. Crimes Mala In se

A crime or an act that is inherently immoral, such as murder, arson, or rape.

2. Crimes mala prohibita

An act that is considered a crime because it is prohibited by statute, although the act itself is not
necessarily immoral.

There is a common misconcep琀椀on that all mala in se crimes are those found in the Revised Penal Code
(RPC), while all mala prohibita crimes are those provided by special penal laws. In reality, however, there
may be mala in se crimes under special laws, such as plunder under R.A. No. 7080, as amended.
Similarly, there may be mala prohibita crimes de昀椀ned in the RPC, such as technical malversa琀椀on.

The Supreme Court explained in number of cases 4 that, it must be noted that not all crimes punishable
by the RPC are mala in se. In the same way, not all o昀昀enses punishable under special laws are mala
prohibita.

In the case of Dungo v. People, 2 the Court clari昀椀ed that not all mala in se crimes are found in the RPC,
there are those which are provided for under special penal laws such as plunder, which is penalized
under R.A. No. 7080, as amended. Likewise, there are mala prohibita crimes in the RPC, such as technical
malversa琀椀on.

In 昀椀ne, the classi昀椀ca琀椀on of a crime into mala in se and mala prohibita is not determined solely on the
law which punishes them. Rather, the primordial considera琀椀on is "the inherent immorality or vileness of
the penalized act." If the punishable act or omission is fundamentally immoral, then it is a crime mala in
se. If not, but the same is nonetheless penalized by a statute based on legisla琀椀ve wisdom to promote
public policy, then it is mala prohibita.

How to di昀昀eren琀椀ate Crimes Mala In Se vs Mala Prohibita?

Basis of Dis琀椀nc琀椀on Crime Mala In Se Crime Mala Prohibita

4 PP vs Ramoy, G.R. No. 212738. March 09, 2022; Estrada vs Sandiganbayan, G.R. No. 148560 November
19, 2001; Demata vs PP, G.R. No. 228583, September 15, 2021. 2 762 Phil. 630, 658 (2015).

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De昀椀ni琀椀on A crime or an act that is An act that is

inherently immoral, considered a crime
such as murder, arson, because it is prohibited
or rape. by statute, although the
act itself is not
necessarily immoral.

Use of Good Faith as a Defense Valid Defense Not a Valid Defense

Criminal Intent as Criminal Intent is Criminal Intent is

an Element Necessary not Necessary
Degree of Accomplishment Taken into account Not taken into account in
in determining the determining the penalty
penalty imposed imposed unless provided
by special law
Degree of Par琀椀cipa琀椀on Degree of par琀椀cipa琀椀on of All who par琀椀cipated in the act
(presupposes more than o昀昀ender is taken into account are punished to the same extent
one o昀昀ender
Persons criminally liable Principal, accomplice, Only principal
accessory
Stages of execu琀椀on A琀琀empted, frustrated, & No stages of execu琀椀on
consummated
As to division of penalty Penal琀椀es may be divided into No Division of Penalty
degrees and periods
Anatomy of Crime vs Element of Crime

Anatomy of Crime

For any crime to happen, there are three (3) elements or ingredients that must be present at the same
琀椀me and place, these are Mo琀椀ve, Instrument and Opportunity.

- Mo琀椀ve – refers to the reason or cause why a person or group of persons will perpetrate a crime.
Example are economic di昀케cul琀椀es, passion or jealousy, revenge, intoxica琀椀on, etc.
- Instrumentality – is the means or implement used in the commission of a crime. I could be a
bolo, 昀椀rearm, knife, poisonous or corrosive substance, etc.
- Opportunity consist of the acts of omission by a person which enables another person or group
to commit the crime.

Although these elements or ingredients are impera琀椀ve for a crime to happen, these are not considered
in determining whether a crime has been commi琀琀ed pursuant to out criminal law.

Elements of Crime

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A. Inten琀椀onal Felony (Dolo)

Crime commi琀琀ed with deliberate intent

Actus Non Facit Reum, Nisi Mens Sit Rea

An act does not make a defendant guilty without a guilty mind

Mens Rea
A guilty mind, a guilty or wrongful purpose or criminal intent and essen琀椀al for criminal liability. (People
vs Valenzuela, G.R. No. 160188 2007)

Elements of Dolo:
- Freedom

A person must have freedom while doing an act or omi琀�ng to do an act. When a person acts without
freedom, he is no longer a human being by a tool. Refers to an act done with delibera琀椀on and with
power to choose between two things.
- Intelligence
He must have intelligence while doing the act or omi琀�ng to do an act. Concerns the ability to determine
the morality of human acts as well as to dis琀椀nguish between a licit and illicit act. Capacity to know and
understand the consequence of one’s act.
- Intent/Dolo
He must have intent while doing the act or omi琀�ng to do an act. Involves an aim or a determina琀椀on to
do a certain act.

General Criminal Intent vs Specific Criminal Intent

General Criminal Intent Speci昀椀c Criminal intent
As to inten琀椀on The inten琀椀on to do something The inten琀椀on to commit a
wrong de昀椀nite act
As to presump琀椀on Presumed from the mere doing Existence is not presumed
of an act
As to burden of proof The burden is upon the Since the speci昀椀c intent is an
wrongdoer to prove that he element of the crime, the
acted without such criminal burden is upon the prosecu琀椀on
intent to establish its existence

Intent vs Motive
Intent Mo琀椀ve
As to nature State of mind accompanying the Moving power which impels
act one to act in order to achieve a

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de昀椀nite result
As an Element Can be an element of a felony Not essen琀椀al element of a
crime except for certain
instances

Motive becomes relevant when:

1. The act brings about variant crimes.
2. Iden琀椀ty of the perpetrator is in doubt.
3. There is the need to ascertain the truth between two antagonis琀椀c version of the crime.
4. Evidence on the commission of the crime is purely circumstan琀椀al.

B. Culpable Felony (Culpa)

Crime resul琀椀ng from negligence, reckless imprudence, lack of foresight or lack of skill. Requisites of
Culpa:

1. Freedom;
2. Intelligence;
3. Negligence or Imprudence.

Negligence – It indicates de昀椀ciency of percep琀椀on. It is the failure of a person to pay proper a琀琀en琀椀on
and to use diligence in foreseeing the injury or damage impending to be caused. O昀琀en associated with
lack of foresight. [REYES, Book 1]

Imprudence – It indicates de昀椀ciency of ac琀椀on. A person fails to take the necessary precau琀椀on to avoid
injury to another person or damage to property. O昀琀en associated with lack of skill. [REYES, Book 1]

FELONY ACCORDING TO STAGE OF EXECUTION

CONSUMATED FELONY - A felony is consummated when all the elements necessary for its
execu琀椀on and accomplishment are present;

FRUSTRATED FELONY - when the o昀昀ender performs all the acts of execu琀椀on which would produce
the felony as a consequence but which, nevertheless, do not produce it by reason of causes independent
of the will of the perpetrator;
ATTEMPTED FELONY - There is an attempt when the o昀昀ender commences the commission of a
felony directly or over acts and does not perform all the acts of execu琀椀on which should produce the
felony by reason of some cause or accident other than his own spontaneous desistance.

TWO PHASES OF FELONY

1. Subjec琀椀ve Phase – that por琀椀on of the act cons琀椀tu琀椀ng the crime, star琀椀ng from the point where
the o昀昀ender begins the commission of the crime to that point where he s琀椀ll has control over his
acts, including their natural course.

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Example: In a murder Case Juan 昀椀red a gun against Perdro, The moment Juan touched his gun up
to that moment where he pointed it to Pedro before pulling the trigger is the subjec琀椀ve phase of
the crime. Juan s琀椀ll has control of his acts.

2. Objec琀椀ve Phase, it is that por琀椀on of acts a昀琀er the subjec琀椀ve phase, the result of the acts of
execu琀椀on.

Example: in the illustra琀椀on above, a昀琀er the moment Juan pulled the trigger up to the result of
the act is the Objec琀椀ve Phase.

DEVELOPMENT OF CRIME
1. INTERNAL ACTS – intent, ideas and plans; not punishable, even if they had been carried out,
they would cons琀椀tute a crime.
2. EXTERNAL ACTS:
a. PREPARATORY ACTS – acts tending toward the crime but with no direct connec琀椀on with the
crime.
b. ACTS OF EXECUTION – usually overt acts with a logical rela琀椀on to a par琀椀cular concrete
o昀昀ense and is already punishable under RPC.

MANNER OF COMMITTING CRIME:

a. Formal Crimes – consummated in one instant, no a琀琀empt.
b. Crimes Committed by mere Attempt or Proposal by Overt Act – mere a琀琀empt or
proposal of the crime is already punishable.
Example: Flight to enemy’s country and corrup琀椀on of minors

c. Felony by Ommission – There can be no a琀琀empted stage, because the o昀昀ender does not
execute an act.
d. Crime Committed by mere Agreement – the manner of commi琀�ng the crime requires the
mee琀椀ng of the minds between the giver and receiver.
Example: Corrup琀椀on of Public O昀케cer

e. Material Crimes – Those commi琀琀ed with three (3) stages.

FELONY ACCORDING TO GRAVITY OF PENALTIES

Grave felonies are those to which the law a琀琀aches the capital punishment or penal琀椀es which in any of
their periods are a昀툀ic琀椀ve, in accordance with Ar琀椀cle 25 of this Code .

Includes those punishable by:

1. Reclusion Perpetua
2. Reclusion Temporal
3. Perpetual or Absolute Disquali昀椀ca琀椀on
4. Perpetual or Temporary Special Disquali昀椀ca琀椀on

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5. Prision Mayor
6. Fine more than Php1,200,000.00

Less grave felonies are those which the law punishes with penal琀椀es which in their maximum period
are correc琀椀onal, in accordance with the abovemen琀椀oned ar琀椀cle.

Includes those punishable by:

1. Prision Correccional
2. Arresto mayor
3. Suspension
4. Des琀椀erro
5. Fine not exceeding P1,200,000.00 but is not less than P40,000.00

Light felonies are those infrac琀椀ons of law for the commission of which the penalty of arresto menor
or a 昀椀ne not exceeding Forty thousand pesos (P40,000) or both is provided."

Includes those punishable by:

1. Arresto menor
2. Fine not exceeding P40,000.00

Light Felonies are punishable only when they are consummated, except if it involves crimes commi琀琀ed
against persons or property. Likewise, only principal and accomplices are punished.

FELONY ACCORDING TO PLURALITY OF CRIME

Continuing Crime
Single crime consis琀椀ng of a series of acts arising from a single criminal resolu琀椀on or intent not
suscep琀椀ble of division.

Requisites [PA- UP- UCIP]:

• Plurality of Acts;
• Unity of Penal provision infringed upon; and
• Unity of Criminal Intent and Purpose

Penalty - When a single act cons琀椀tutes two or more grave or less grave felonies, or when an o昀昀ense is a
necessary means for commi琀�ng the other, the penalty for the most serious crime shall be imposed, the
same to be applied in its maximum period.

- COMPOUND CRIME
Single act cons琀椀tutes two or more grave or less grave felonies [Art. 48] Requisites:

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1. That only a Single act is performed by the o昀昀ender.

2. That the single act produces:
a. 2 or more grave felonies, or
b. 1 or more grave and 1 or more less grave felonies, or 2 or more less grave felonies

- COMPLEX CRIME
An o昀昀ense is a necessary means to commit another o昀昀ense [Art. 48] Requisites:

1. That at least 2 o昀昀enses are commi琀琀ed;

2. That one or some of the o昀昀enses must be Necessary to commit the other
*Does not need to be “indispensable means”

3. That both or all the o昀昀enses must be punished under the Same Statute.

- SPECIAL COMPLEX CRIMES

In substance, there is more than one crime; but from the eyes of the law, there is only one. The law
treats it as a single crime for which it prescribes a single penalty. It is also called a composite crime.

Requisites:
1. 2 or more crimes are commi琀琀ed
2. But the law treats them as a Single, Indivisible, and unique o昀昀ense
3. Product of Single Criminal Impulse

MANNER OF INCURRING CRIMINAL LIABILITY (Art. 4)

1. Criminal Liability is incurred by any person commi琀�ng a felony although the wrongful act done be
di昀昀erent from that which he intended

a. PRAETER INTENTIONEM.
- Commi琀琀ed by any person commi琀�ng a felony (delito) although the wrongful act done be
di昀昀erent from that which he intended.
Ra琀椀onale: El que es causa de la causa es cause del mal causado. “He who is the cause of
the cause is the cause of the evil cause”

Requisite:

1. An inten琀椀onal felony has been commi琀琀ed;

2. The wrong done to the aggrieved party is the direct, natural and logical consequence of the
felony commi琀琀ed by the o昀昀ender.

b. Error in personae (Mistake in iden琀椀ty)

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- A felony is intended, but there is a mistake in the iden琀椀ty of the vic琀椀m; injuring one person
mistaken for another.

b. Aberra琀椀o Ictus
- When an o昀昀ender intending to do an injury to one person actually in昀氀icts it on another

Proximate Cause
Proximate cause has been de昀椀ned as that which, in natural and con琀椀nuous sequence, unbroken by any
e昀케cient intervening cause, produces injury, and without which the result would not have occurred.
[Abrogar v. Cosmos Bottling Company and

INTERGAMES, Inc., G.R. No. 164749 (2017)]

When not Considered as Proximate Cause:

There is an ac琀椀ve force between the felony and resul琀椀ng injury

Resul琀椀ng injury is due to the inten琀椀onal act of vic琀椀m

Efficient Intervening Cause

An intervening cause, to be considered e昀케cient, must be "one not produced by a wrongful act or
omission, but independent of it, and adequate to bring the injurious result.” [Abrogar v. Cosmos
Bottling Company and INTERGAMES, Inc, G.R. No. 164749 (2017)]

For example, a cause which interrupts the natural 昀氀ow of events leading to one’s death may relieve the
o昀昀ender from liability. [REYES, Book 1]

2. Criminal Liability shall be incurred By any person performing an act which would be an o昀昀ense
against persons or property, were it not for the inherent impossibility of its accomplishment or
on account of the employment of inadequate or ine昀昀ectual means.

Requisites [OPP- EI- III- NV]:

1. Act performed would be an O昀昀ense against Persons or Property.
2. Act was done with Evil Intent
3. Its accomplishment is inherently Impossible, or that the means employed is either
Inadequate or Ine昀昀ectual

4. Act performed does Not cons琀椀tute a Viola琀椀on of another provision of the RPC.

De昀椀ni琀椀on:

1. Inadequate – Insu昀케cient.
2. Ine昀昀ectual – Means employed did not produce the result expected.
3. Inherent Impossibility – can pertain to:

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a. Legal Impossibility – where the intended acts, even if completed do not amount to a crime.
b. Physical or Factual Impossibility – Extraneous circumstances unknown to the actor or beyond
his control prevent the consumma琀椀on of the intended crime.

STAGES OF EXECUTION OF FELONY

Article 6. Consummated, frustrated, and attempted felonies. – Consummated felonies

as well as those which are frustrated and attempted, are punishable.
A felony is consummated when all the elements necessary for its execution and
accomplishment are present; and it is frustrated when the offender performs all the acts
of execution which would produce the felony as a consequence but which, nevertheless,
do not produce it by reason of causes independent of the will of the perpetrator.
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 execution which should produce the
felony by reason of some cause or accident other than this own spontaneous
desistance. (Revised Penal Code)

3 STAGES OF EXECUTION OF FELONY

1. ATTEMPTED

When the offender commences the commission of a felony directly or over acts,
and does not perform all the acts of execution which should produce the felony
by reason of some cause or accident other than this own spontaneous
desistance.

2. FRUSTRATED

When the offender performs all the acts of execution which would produce the
felony as a consequence but which, nevertheless, do not produce it by reason of
causes independent of the will of the perpetrator.

3. CONSUMATED

When all the elements necessary for its execution and accomplishment are
present.

DEVELOPMENT OF A CRIME

1. Internal Acts – these are mere intent, ideas and plans; not punishable, even if,
had they been carried out, they would constitute a crime.
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2. External Acts
a. Preparatory Acts – acts tending toward the crime but with no direct
connection with the crime.
b. Acts of Execution – Usually overt acts with a. logical relation to a particular
concrete offense and is already punishable under the RPC.

TWO PHASES OF FELONY

1. Subjective Phase
It is that portion of the act constituting the crime, starting from the point where he
begins the commission of the crime to that point where he still has control over
his acts, including their natural course.

2. Objective Phase

It is that portion of acts after the subjective phase result of the acts of execution.

Requisites:

• The offender Commences the commission of the felony directly by overt

acts.
• He does Not perform all the acts of execution which should produce the
felony.
• The non-performance of all acts of execution was Due to cause or
accident
• Other than his own spontaneous desistance.

FACTORS IN DETERMINING STAGE OF EXECUTION OF FELONY

1. Manner of Committing the Crime

a. Formal Crimes – consummated in one instant, no attempt.
b. Crimes Consummated by Mere Attempt or Proposal by Overt Act
c. Felony by Omission – There can be no attempted stage when the felony
is by omission.
d. Crimes Consummated by Mere Agreements – the manner of
committing the crime requires the meeting of the minds between the giver and
the receiver.
e. Material Crimes – Those consummated with 3 stages of execution.

2. Elements of the Crime

The existence of certain elements is a factor in determining its consummation.

3. Nature of the Crime Itself

There are certain crimes requiring a specific criminal intent.

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Elements of each of the Stages of Execution:

1. ATTEMPTED:

• The offender Commences the commission of the felony directly by overt

acts.
• He does Not perform all the acts of execution which should produce the
felony.
• The non-performance of all acts of execution was Due to cause or
accident
• Other than his own spontaneous desistance.

2. FRUSTRATED:

• Offender performs All the acts of execution

• All the acts performed would produce the
• Felony as a consequence
• But the felony is Not produced by reason of causes independent of the will
of the perpetrator.

3. CONSUMATED

All the elements necessary for its execution and accomplishment are present.

INDETERMINATE OFFENSE

It is one where the intent of the offender in performing an act is not certain. The
accused may be convicted of a felony defined by the acts performed by him up to
the time of desistance.

Continuing Crime

Single crime consisting of a series of acts arising from a single criminal resolution
or intent not susceptible of division.

Requisites [PA- UP- UCIP]:

• Plurality of Acts;
• Unity of Penal provision infringed upon; and
• Unity of Criminal Intent and Purpose

One Larceny Doctrine

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For prosecution of Theft Cases, the one larceny doctrine provides that the taking of
several things, whether belonging to the same or different owners, at the same time and
place, constitutes one larceny only so long as there is a single criminal impulse.

COMPLEX CRIME AND COMPOSITE CRIME

Art. 48. Penalty for complex crimes – When a single act constitutes two or more
grave or less grave felonies, or when an offense is a necessary means for committing
the other, the penalty for the most serious crime shall be imposed, the same to be
applied in its maximum period.

COMPOUND CRIME
Requisites:
1. That only a Single act is performed by the offender 2.
That the single act produces:
a. 2 or more grave felonies, or
b. 1 or more grave and 1 or more less grave felonies, or 2 or more less grave
felonies

Light Felonies produced by the same act should be treated and absorbed as separate
offenses or may be absorbed by the grave felony.

COMPLEX CRIME
Requisites:
1. That at least 2 offenses are committed
2. That one or some of the offenses must be Necessary to commit the other
*Does not need to be “indispensable means”
3. That both or all the offenses must be punished under the Same Statute.

Penalty
- Where both penalties provide for imprisonment – penalty to be
imposed is the penalty for the most serious crime, applied in its maximum.
- Where one of the penalties is imprisonment and the other is fine –
only the penalty of imprisonment should be imposed.

SPECIAL COMPLEX CRIMES

In substance, there is more than one crime; but from the eyes of the law, there is only
one. The law treats it as a single crime for which it prescribes a single penalty. It is also
called a composite crime.

Requisites:
1. 2 or more crimes are committed

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2. But the law treats them as a Single, Indivisible, and unique offense
3. Product of Single Criminal Impulse

CIRCUMSTANCES AFFECTING CRIMINAL LIABILITY

I. Classification: In general the circumstances are either (i) defenses or (ii) modifying
circumstances

a. Defenses: those which if proven may result to an acquittal of the offender from the
crime charged or lead to non-criminal liability. They are the reasons advanced by the
accused why he may not be held criminally liable.

Defenses are classified into the following:

A. As to form:

1. Positive or Affirmative- They are often called defenses in the nature of

“Admission and Avoidance”. The accused admits authorship of the act or omission
charged and imputed to him but he puts up matters to avoid criminally liability or
which will result to his acquittal.

All the Justifying, Exempting and Absolutory Causes are Affirmative defenses.
2. Negative- the accused denies authorship or having performed the act or
omission imputed to him. Examples are denial, alibi, mistaken identity.
B. As to Effect:
1. Total or Perfect- those the effect of which will totally exonerate the accused.
Example: a complete justifying circumstance, amnesty

2. Partial- those which are intended to lessen the liability of the accused. They
include proof the offense is a lesser offenses, or that it is of a lower stage of
execution, that the accused has a lower participation and is not the principal .

C. As to source:

1. Legal- those provided for by statutes or by the constitution. For example:

prescription of crimes, marriage of the offender and offended; pardon, double
jeopardy, amnesty.
2. Factual- those based on the circumstances of the commission of the crime
relating to the time, place, manner of commission; identification of the accused;

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reasons for the commission. For example: alibi, self defense; insanity, mistaken
identity.
II. Modifying Circumstances- those which will either increase or decrease the penalty.
They are called mitigating or aggravating circumstances

JUSTIFYING CIRCUMSTANCES

That circumstance where the act of the person is said to be in accordance with the law,
so that such person is deemed not to have transgressed the law.

Basis: Lack of dolo

Criminal Liability: None; there is no crime committed, the act being justified.

Civil Liability: None, except in par. 4, Art. 11 (avoidance of greater evil), where the civil
liability is borne by the persons benefited by the act in proportion to the benefit they may
have received [Art. 101, RPC].

Burden of Proof - rests on the accused.

Quantum of Proof – Clear and convincing evidence

1. DEFENSE OF PERSON, RIGHTS, PROPERTY, AND HONOR (SELF- DEFENSE)

Requisites: [URL]
a. Unlawful aggression;
b. Reasonable necessity of means employed to prevent or repel it; and
c. Lack of sufficient provocation on the part of the person defending himself.

Subject of self-defense
a. Defense of person
b. Defense of rights
c. Defense of property

Illustration: Pedro while tending to his plantation noticed Juan obstructing the canal.
Furious, he confronted Juan, however, the latter did not appreciate the action of Pedro
and brought our his bolo attempting to hack Pedro. Pedro having a fast hand was able
to stab Juan first using his bolo. Pedro will not be convicted with the crime of homicide
as he is acting in self defense.

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2. DEFENSE OF RELATIVES
Requisites [URL]
a. Unlawful aggression
b. Reasonable necessity of means employed; and
c. Lack of sufficient provocation on part of relative, or, in case of provocation,
the one making the defense had no part therein.

Relatives Referred to by Defense of a Relative: [SAD-SiRC]

1. Spouse
2. Ascendants
3. Descendants
4. Legitimate, natural, or adopted Siblings, or relatives by affinity in the same
degrees
(parents-in-laws, children-in-law, siblings- in-law)
5. Relatives by Consanguinity within 4th civil degree

Illustration: Pedro’s wife Marta being a well-known “marites” was confronted by Mirasol.
Due to a heated argument Marta pulled the hair of Mirasol, resulting to a scuffle. When
Pedro saw the fight Marta is already being beaten by Mirasol, intending to protect his
wife, he pushed Mirasol resulting to injury. Pedro here may not be held liable to a crime
of physical injury as he only intends to defend his wife.

3. DEFENSE OF STRANGER

Requisites [URN]
a. Unlawful aggression
b. Reasonable necessity of the means employed; and
c. Person defending was Not induced by revenge, resentment, or
other evil motive

4. STATE OF NECESSITY (AVOIDANCE OF A GREATER EVIL)

Requisites [ENIM]:
1. Evil to be avoided actually Exists
2. Evil or injury is Not produced by the one invoking the justifying
circumstance
3. Injury feared by greater than that done to avoid it; and
4. No other practical and less harmful Means of preventing it

Illustration: Pedro, was driving along the highway within the maximum speed, when
Juanito suddenly crossed the road. Due to lack of sufficient clearance, Pedro in order to
avoid Juanito turned his steering wheel to the left resulting to him hitting the car of

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Fernando. Pedro may not be held liable to a crime as there is state of necessity. Juanito
is civilly liable to Fernando.

5. FULFILLMENT OF DUTY OR LAWFUL EXERCISE OF RIGHT OR OFFICE

Requisites [PN]:
1. The accused acted in the Performance of a duty or on the lawful
exercise of a right or office; and
2. The injury caused or offense committed be the Necessary
consequence of the due performance of duty or the lawful exercise of
such right or office.

Illustration: Pedro, who is a police officer, shot a hostage taker. Pedro may not be held
liable to any crime because he is acting in in the Performance of a duty or on the lawful
exercise of a right or office, and the injury caused to the hostage taker is a Necessary
consequence of the due performance of duty or the lawful exercise of such right or
office

6. OBEDIENCE TO AN ORDER ISSUED FOR SOME LAWFUL PURPOSE

Requisites [OPM]
1. An Order has been issued by a superior
2. Such order must be for some lawful Purpose; and
3. The Means used by the subordinate to carry out said order is lawful

Illustration: Juan, is an intelligence officer, he was given a mission to become an

undercover and join a drug syndicate. Among the activity of the drug syndicate is to
have a weekly pot session. He is not liable to any crime as he is performing a lawful
order issued by his superior.

EXEMPTING CIRCUMSTANCES

Grounds for exemption from punishment because the agent of the crime is wanting any
of the conditions which make the act voluntary or negligent.

The reason for the exemption lies on the complete absence of intelligence, freedom of
action, or intent, or on the absence of negligence on the part of the accused.

1. INSANITY OR IMBECILITY

Imbecile - One who, while advanced in age, has a mental development

comparable to that of a child between 2 and 7 years of age.

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Insanity - A complete deprivation of intelligence in committing the act, but capable of

having lucid intervals. Mere abnormality of mental faculties is not enough especially if
the offender has not lost consciousness of his acts.

Rules in Insanity:
1. Presumption of Sanity – Burden of proof of insanity rests on the defense.
2. Insanity should exist before or at the moment of the act or acts under
prosecution.
3. There must be complete deprivation of intelligence in committing the act.

Mental Illness covered:

1. Malignant malaria
2. Epilepsy
3. Psychosis or schizophrenia
4. Somnambulism
5. Dementia Praecox

2. MINORITY

When Exempt from Criminal Liability:

A child 15 years or under at the time of the commission of the offense shall be exempt
from criminal liability. A child is deemed to be 15 years of age on the date of his/her 15th
birthday.

A child above 15 years but below 18 years of age who acted without discernment shall
be exempt from criminal liability. [Sec. 6,
R.A. 9344]

3. ACCIDENT
Something that happens outside the sway of our will and, although coming about
through some act of our will, lies beyond the bounds of humanly foreseeable
consequences. [REYES, Book 1]

Requisites [LDAW]
1. A person is performing a Lawful act;
2. Act was done with Due care;
3. He causes injury by mere Accident; and
4. Without fault or intention of causing it

Illustration: Police Officer may not be held liable for a crime after accidentally killing a
suspect, during a grappling incident, who attempted to steal his gun.

4. IRRESISTIBLE FORCE

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Requisites [PIT]
1. There was compulsion by means of Physical force
2. Physical force must be Irresistible
3. Physical force comes from a Third person

Illustration: Vehicle 1, 2 and 3 were cruising the expressway. Vehicle 3 suddenly loss his
break resulting to it bumping the rear portion of Vehicle 2, the latter also bumped the
rear portion of Vehicle 1. Vehicle 2 is not liable due to existence of irresistible force.

5. UNCONTROLLABLE FEAR

Requisites [ERIGE]
1. Existence of an uncontrollable fear
2. Fear must be Real and Imminent.
3. Fear of an injury is Greater than or Equal to that committed

Illustration: An altercation between AAA and BBB ensued, records show that it was BBB
who attached AAA with a knife. Fearing for his life, AAA wrestled for possession of the
knife BBB brought which accidentally hit the latter. AAA is not liable.

6. INSUPERABLE OR LAWFUL CAUSE

It means insurmountable. A cause which has lawfully, morally or physically prevented a
person to do what the law commands. [People v. Bandian, G.R. No. 45186 (1936)]

Requisites [RFLi]
1. An act is Required by law to be done
2. The person Fails to perform such act
3. His failure to perform such act was due to some Lawful or
insuperable cause

Illustration: Macario, while driving along the Brgy. Road, accidentally hit Preston.
Immediately, the angry relatives of Preston went out of their house. Fearing for his life
Macario drove away to the nearest police station. Marario is not liable for the crime of
abandonment of one’s own victim.

MITIGATING CIRCUMSTANCES
If present, these circumstances do not entirely free the actor from criminal liability but
serve only to reduce the penalty.

Types of Mitigating Circumstance:

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Ordinary Mitigating Circumstance

May be offset by any aggravating circumstance. If not offset, reduces the penalty to its
minimum period, provided the penalty is divisible.

Privilege Mitigating Circumstance

Cannot be offset by any aggravating circumstance. Reduces the penalty by one to two
degrees that that provided by law.

1. INCOMPLETE JUSTIFICATION OR EXEMPTION

Art. 69. Penalty to be imposed when the crime committed is not wholly excusable.
– A penalty lower by one or two degrees than that prescribed by law shall be imposed if
the deed is not wholly excusable by reason of the lack of some of the conditions
required to justify the same or to exempt from criminal liability in the several cases
mentioned in Article 11 and 12, provided that the majority of such conditions be present .
The courts shall impose the penalty in the period which may be deemed proper, in view
of the number and nature of the conditions of exemption present or lacking.

2. UNDER 18 OR OVER 70 YEARS OLD (CONDITIONAL MINORITY)

Art. 68. Penalty to be imposed upon a person under eighteen years of age.

3. NO INTENTION TO COMMIT SO GRAVE A WRONG (PRAETER INTENTIONEM)

Praeter Intentionem
The offender had no intention to commit a grave so wrong as what was actually
committed. [Art. 13(3), RPC].
Requisites [NED]
There is Notable and Evident Disproportion between the means employed to execute
the criminal act and its consequences. [U.S. v. Reyes, G.R. No. 12635 (1917)]

4. SUFFICIENT PROVOCATION OR THREAT

Provocation
Any unjust or improper conduct or act of the offended party capable of exciting, inciting,
or irritating anyone.

Threat
Threat must not be offensive and positively strong, otherwise, it may result to unlawful
aggression, justifying self-defense. See: discussion on self-defense.

Requisites [SOPDI]
1. Provocation must be Sufficient
2. It must Originate from the offended party
3. It must be Personal and Directed to the accused

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4. It must be Immediate to the act. When there is an interval of time

between the provocation and the commission of the crime, the perpetrator
has time to regain his reason [People v Pagal, G.R. No. L-32040 (1977)]

5. IMMEDIATE VINDICATION OF A GRAVE OFFENSE Requisites [G(CR)VN]

1. That there be a Grave offense done to the one Committing the
felony, his spouse, ascendants, descendants, legitimate, natural or
adopted brothers or sisters, or Relatives by affinity within the same
degree.
2. That the felony is committed in Vindication of such grave offense. A
lapse of time is allowed between the vindication and the doing of the grave
offense.
3. The vindication need Not be done by the person upon whom the
grave offense was committed

6. PASSION OR OBFUSCATION
Requisites:
1. The accused acted upon an Impulse 3 (6), RPC];
2. The impulse must be so Powerful that it naturally produces passion or
obfuscation in him [Art. 13(6)
3. That there be an Act, both Unlawful and Sufficient to produce such
condition of mind; and
4. That said act which produced the obfuscation was not far removed from
the commission of the crime by a considerable Length of time, during which the
perpetrator might recover his normal equanimity.

7. VOLUNTARY SURRENDER OR PLEA

OF GUILT
A. Voluntary Surrender Requisites:
Offender has Not been actually Arrested Exception: Where a person, after committing
the offense and having opportunity to escape, voluntarily waited for the agents of the
authorities and voluntarily gave up, he is entitled to the benefit of the circumstance,
even if he was placed under arrest by a policeman then and there. [

b). Offender Surrendered himself to a person in authority or to the latter’s agent

Person in authority – one directly vested with jurisdiction. [Art. 152]
Agent of person in authority – person, who, by direct provision of law, or by election or
by competent authority, is charged with the maintenance of public order and the
protection and security of life and property and any person who comes to the aid of
persons in authority. [Art. 152]

B. Plea of Guilt
Requisites [SOP]:
a) Offender Spontaneously confessed his guilt;
b) Confession of guilt was made in Open court; and
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c) Confession of guilt was made Prior to the presentation of evidence

8. PHYSICAL DEFECTS Requisites: [DDBO ADCR]

a) The offender is:
u Deaf and Dumb u Blind, or
u Otherwise suffering from some physical defect which thus
restricts his means of: u Action u Defense, or
u Communication with his fellow beings
b) Physical defect must have a Relation to the commission of the crime

9. ILLNESS

Requisites [D(WP)ND(C)]:
a) Illness of the offender must Diminish the exercise of his Will-Power.
b) Illness should Not Deprive the offender of Consciousness of his
acts. [REYES, Book 1, p. 320]

10. ANALOGOUS MITIGATING CIRCUMSTANCES

Any other circumstance of similar nature and analogous to the nine mitigating
circumstances enumerated in Art. 13 may be mitigating.

AGGRAVATING CIRCUMSTANCE
- refers to the factors that increase the severity or culpability of a criminal act.

KINDS OF AGGRAVATING CIRCUMSTANCES

1. GENERIC
Those that can generally apply to all crimes. Nos. 1, 2, 3 (dwelling), 4, 5, 6, 9, 10,
14, 18, 19, and 20 except “by means of motor vehicles”. A generic aggravating
circumstance may be offset by a generic mitigating circumstance

2. SPECIFIC
Those that apply only to particular crimes. Nos. 3 (except dwelling), 15, 16, 17
and 21.

3. QUALIFYING
Those that change the nature of the crime (i.e. Art. 248 enumerate the qualifying
AC which qualifies the killing of person to murder). If two or more possible
qualifying circumstances were alleged and proven, only one would qualify the
offense and the others would be generic aggravating.

4. INHERENT
Those that are already elements of the felony and are thus no longer considered
against the offender in the determination of the felony.

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5. SPECIAL
Those which arise under special conditions to increase the penalty of the offense
and cannot be offset by mitigating circumstances:
u Quasi-recidivism [Art. 160]
u Complex crimes [Art. 48]
u Error in personae [Art. 49]
u Taking advantage of public position [Art. 171]
u Membership in an organized/syndicated crime group
[Art. 62]

1) TAKING ADVANTAGE OF PUBLIC OFFICE

Kind: Generic & Special Aggravating Circumstance [R.A. 7659]

Requisites [PIPAM]
a) Offender is a Public Officer
b) Such officer used the Influence, Prestige or
c) Ascendancy which his office gives him
d) The same was used as Means by which he realizes his purpose.

2. CONTEMPT OR INSULT TO PUBLIC AUTHORITIES

Kind: Generic Aggravating Circumstance

Requisites [ENOKP]
a) Public authority is Engaged in the exercise of his functions
b) Public authority is Not the person against whom the crime is committed
c) Offender Knows him to be a public authority
d) His Presence has not prevented the offender from committing the criminal
act

3. INSULT OR DISREGARD OF THE RESPECT DUE THE OFFENDED PARTY ON

ACCOUNT OF HIS: (a) RANK; (b) AGE; OR (c) SEX, OR THAT IT BE COMMITTED
IN THE DWELLING OF THE OFFENDED PARTY
Requisites: [RASD]
a) Insult or disregard was made on account of:
u Rank – designation or title used to fix the relative position of the
offended party in reference to others. There must be a difference in the social
condition of the offender and offended party
u Age - May refer to old age or tender age of the victim.
u Sex - Refers to the female sex [REYES, Book 1]
b) Such insult or disregard was Deliberately intended

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4. ABUSE OF CONFIDENCE OR OBVIOUS UNGRATEFULNESS Kind: Generic

Aggravating Circumstance

Par. 4 provides two aggravating circumstances

–abuse of confidence and obvious ungratefulness. If both are present in the same case,
they must be independently appreciated. [REYES, Book 1]

Abuse of Confidence Requisites: [TAF]

a) Offended party Trusted the offender
b) Offender Abused such trust
c) Abuse of confidence Facilitated the commission of the crime

5. CRIME WAS COMMITTED IN THE PALACE OF THE CHIEF EXECUTIVE OR IN

HIS PRESENCE, OR WHERE PUBLIC AUTHORITIES ARE ENGAGED IN THE
DISCHARGE OF THEIR DUTIES, OR IN A PLACE DEDICATED TO RELIGIOUS
WORSHIP

Kind: Generic Aggravating Circumstance

Four (4) Circumstances Contemplated

Crime was committed: [PalPreDRW]
a) In the Palace of the Chief Executive, or
b) In his Presence, or
c) Where public authorities are engaged in the Discharge of their duties, or
d) In a place dedicated to Religious Worship

6. CRIME WAS COMMITTED (1) IN THE NIGHT TIME, OR (2) IN AN

UNINHABITED PLACE, OR (3) BY A BAND, WHENEVER SUCH
CIRCUMSTANCES MAY FACILITATE THE COMMISSION OF THE OFFENSE

Kind: Generic Aggravating Circumstance

Requisites: [FES]
Circumstances of nighttime, uninhabited place or band:
a) Facilitated the commission of the crime;
b) Was Especially Sought for by the offender to insure the commission of the
crime or for the purpose of impunity;

7. ON THE OCCASION OF A CONFLAGRATION, SHIPWRECK,

EARTHQUAKE, EPIDEMIC OR OTHER CALAMITY OR MISFORTUNE

Kind: Generic Aggravating Circumstance

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Rationale: The debased form of criminality of one who, in the midst of a great calamity,
instead of lending aid to the afflicted, adds to their suffering by taking advantage of their
misfortune and despoiling them

Requisite:
Offender must >take advantage of the calamity or misfortune.
“Or Other Calamity or Misfortune”
Refers to other conditions of distress similar to “conflagration, shipwreck, earthquake or
epidemic.”

8. AID OF ARMED MEN OR PERSONS WHO INSURE OR AFFORD IMPUNITY

Kind: Generic Aggravating Circumstance

Requisites: [ArMC AAA]

a) Armed men or persons took part in the commission of the crime, directly
or indirectly; and
b) Accused Availed himself of their Aid or relied upon them while the crime
was committed

Armed Men
Persons equipped with weapons. It also covers armed women

9. RECIDIVISM

Kind: Generic Aggravating Circumstance

Requisites [TPCSC]
a) Offender is on Trial for an offense;
b) He was Previously Convicted by final judgment of another crime;
c) Both the first and second offenses are embraced in the Same title of the
Code;
d) Offender is Convicted of the new offense.

10. REITERACION

Kind: Generic Aggravating Circumstance

Requisites: [TP-SEG2-C]
a) Offender is on Trial for an offense.
b) He was Previously Served sentence for:
u Another offense of Equal or Greater penalty than the new offense; or
u 2 or more crimes of lighter penalty

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c) Offender is Convicted of the new offense.

11. IN CONSIDERATION OF A PRICE, REWARD, OR PROMISE

Kind: Generic Aggravating Circumstance
Requisites: [TOAI]
a. There must be Two or more principals:
u One who gives or Offers price or promise; and
u One who Accepts it; [REYES, Book 1]
b. Price, reward, or promise must be for the purpose of Inducing another
to perform the deed.

12. COMMITTED BY MEANS OF INUNDATION, FIRE, POISON, EXPLOSION,

STRANDING OF A VESSEL OR INTENTIONAL DAMAGE THERETO, DERAILMENT
OF A LOCOMOTIVE, OR BY THE USE OF ANY OTHER ARTIFICE INVOLVING
GREAT
WASTE AND RUIN

Kind: Generic Aggravating Circumstance

REQUISITES:
a) Inundation
b) Fire
c) Poison
d) Explosion
e) Stranding of a vessel
f) Intentional damage to a vessel
g) Derailment of a locomotive
h) Any other artifice involving great waste and ruin

13. EVIDENT PREMEDITATION -Evident premeditation implies a deliberate planning of

the act before executing it
Kind: Generic Aggravating Circumstance

Requisites [TAL]
The prosecution must prove:
a) The Time when the offender determined to commit the crime;
b) An Act manifestly indicating that the culprit has clung to his determination;
and
c) Sufficient Lapse of time between the determination and execution, to allow
him to reflect upon the consequences of his act and to allow his conscience to
overcome the resolution of his will. [People v. Raquipo, G.R. No. 90766 (1990),
cited in REYES, Book 1, p. 403]

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14. CRAFT, FRAUD OR DISGUISE WAS EMPLOYED

Kind: Generic Aggravating Circumstance

a) Craft - It is chicanery resorted to by the accused to aid in the execution of his

criminal design.
b) Fraud - When there is a direct inducement by insidious words or machinations,
fraud is present.
C) Disguise - Resorting to any device to conceal identity.

TEST: Whether the device or contrivance was intended to or did make identification
more difficult, such as the use of a mask, false hair or beard.

If Disguise was Ineffective

When in spite of the use of disguise, the culprits were recognized by the victim, disguise
is not considered as an aggravating circumstance.

15. (A) TAKING ADVANTAGE OF SUPERIOR STRENGTH; OR (B) MEANS WAS

EMPLOYED TO WEAKEN THE DEFENSE
Kind: Specific Aggravating Circumstance Specific to crimes against persons and
sometimes against person and property

A. Taking Advantage of Superior Strength Requisites: [NIP]

a) There is a Notorious Inequality of forces between victim and aggressor.
b) Offender Purposely used excessive force out of proportion to the means of
defense available to the persons attacked.
B. Means Employed to Weaken defense
The offender employs means that materially weakens the resisting power of the
offended party.

16. TREACHERY (ALEVOSIA)

Kind: Specific Aggravating Circumstance; Specific to crimes against persons

Requisites: [CAN]
a) Offender Consciously Adopts particular means, methods, or forms tending
directly and specially to ensure the execution of the crime.
b) The employment of such means gave the offended party No opportunity to
defend himself or retaliate.

17. IGNOMINY - It is a circumstance pertaining to the moral order, which adds

disgrace to the material injury caused by the crime

Kind: Specific Aggravating Circumstance; Specific to the following [C MaRia CLaRa]

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a) Coercion (light or grave) [People v. Cantong, C.A., 50 O.G. 5899,

cited in
REYES, Book 1]
b) Murder [U.S. v de Leon, G.R. No. 522 (1902)]
c) Wanton Robbery for personal gain
d) Crimes against Chastity
e) Less serious physical injuries [Art. 265, RPC]
f) Rape
18. UNLAWFUL ENTRY
Kind: Generic Aggravating Circumstance

Unlawful Entry
There is unlawful entry when an entrance is effected by a way not intended for
that purpose. [REYES, Book 1]

There is no unlawful entry when the door was already broken and thereafter the
accused made an entry through the broken door. The breaking of the door is
covered by paragraph19.

Inherent in the Following Crimes:

a) Trespass to dwelling under Art. 280 [REYES, Book 1]
b) Robbery with force upon things under Art. 299(a) and Art. 302
[REYES, Book 1]

Effect if Dwelling and Unlawful Entry are Both Present

Dwelling and unlawful entry are taken separately in murders committed in a dwelling.

19. AS A MEANS TO THE COMMISSION OF THE CRIME, A WALL, ROOF, FLOOR,

DOOR, OR WINDOW BE BROKEN

Kind: Generic Aggravating Circumstance

Requisites: [WaRFDWiE]
a) Any of the following be broken:
u Wall u
Roof
uFloor
uDoor
uWindow
b) Breaking was used as a means to effect Entrance and not merely for escape.

20. CRIME WAS COMMITTED (a) WITH THE AID OF PERSONS UNDER FIFTEEN
YEARS OF AGE OR (b) BY MEANS OF MOTOR VEHICLES, MOTORIZED
WATERCRAFT, AIRSHIPS, OR OTHER SIMILAR MEANS
Kind: Generic Aggravating Circumstance

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A) With the Aid of Persons Under 15 Years Old

Rationale: To repress the frequent practice resorted to by professional criminals of
availing themselves of minors taking advantage of their lack of criminal responsibility
(since minors are given leniency when they commit a crime) [[REYES, Book 1]

B) By Means of a Motor Vehicle Requisites: [MS-MC(GoCaF)]

a) That any of the following was used:
u Motorized vehicles; or,
u Other efficient means of transportation Similar to automobile
or airplane.
b) That the same was used as Means of Committing the
crime, such as by using the same to:
u Go to the place of the crime
u Carry away the effects thereof; and
u Facilitate their escape [People v. Espejo, G.R. No. L-27708
(1970)]

21. CRUELTY
Kind: Specific Aggravating Circumstance; Specific to crimes against persons

Requisites [DIUE]
a) That the injury caused be Deliberately Increased by causing the other
wrong
b) The other wrong was Unnecessary for the Execution of the purpose of the
offender

For cruelty to exist, there must be proof showing that the accused delighted in making
their victim suffer slowly and gradually, causing him unnecessary physical and moral
pain in the consummation of the criminal act

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