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6 views

ART

Uploaded by

Sam Alberca
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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ART.

11 - JUSTIFYING CIRCUMSTANCES
 are those where the act of the person is said to be in accordance
with law, as such the person is deemed to have not transgressed
the law and is free from both criminal and civil liability.
o Self defense = URL
o Defense of relatives = URN
o Defense of strangers = URI
o Avoidance of greater evil = ENIN
o Fulfillment of a duty or lawful exercise of a right = PN
o Obedience to a superior order = OLM

ART. 15 - ALTERNATIVE CIRCUMSTANCES


are those which must be taken into consideration as aggravating or
mitigating according to the nature and effects of the crime and other
conditions attending its commission. They are the relationship,
intoxication and the degree of instruction and education of the
offender.

The alternative circumstance of relationship shall be taken into


consideration when the offended party is the spouse, ascendant,
descendant, legitimate, natural, or adopted brother or sister, or relative
by affinity in the same degrees of the offender.

The intoxication of the offender shall be taken into consideration as a


mitigating circumstance when the offender has committed a felony in a
state of intoxication, if the same is not habitual or subsequent to the
plan to commit said felony; but when the intoxication is habitual or
intentional it shall be considered as an aggravating circumstance.

ART. 12 EXEMPTING CIRCUMSTANCES


 are those which are related to non-imputability, and that there is
complete absence of voluntariness, precisely absence of freedom,
intelligence, and intent or negligence.
o Imbecility or insanity
o Minority; without discernment
o Accident
o Irresistible force
o Uncontrollable fear
o Insuperable cause

ENTRAPMENT VS. INSTIGATION


In entrapment, the entrapper resorts to ways and means to trap
and capture a lawbreaker while executing his criminal plan. The
idea and the resolve to commit the crime come from him.

In instigation, the instigator practically induces the would-be


defendant into committing the offense, and himself becomes a co-
principal. Here, the law enforcer conceives the commission of the
crime and suggests to the accused who adopts the idea and
carries it into execution.

The legal effects of entrapment do not exempt the criminal from


liability. Instigation does. (People vs. Marcos, G.R. No. 83325,
May 8, 1990, 185 SCRA 154, 164, citing earlier cases)

ART. 13 – MITIGATING CIRCUMSTANCES


 are those, which, if present in the commission of the crime, do not
entirely free the actor from criminal liability, but serve only to
reduce the penalty.
o Incomplete justifying circumstances
o Minority or over 70 years of age
o No intention to commit so grave a wrong (praeter
intentionem)
o Sufficient provocation (on the part of the victim)
o Immediate vindication of a grave offense
o Passion or obfuscation = loss of reasoning or self control
o Voluntary surrender or confession of a guilt
o Physical defect
o Illness of the offender
o Similar and analogous circumstances

ART. 14 – AGGRAVATING CIRCUMSTANCES


 are those which, if attendant in the commission of the crime,
serve to increase the penalty to a maximum. This is due to the
greater perversity of the offender.

MURDER
Murder, as defined under Article 248 of the RPC, is committed when a
person intentionally causes the death of another person with specific
qualifying circumstances present.
 Treachery = is present when the offender deliberately employs means,
methods, or forms in the execution of the crime, which ensure the
killing is executed without risk to the offender and without any chance
of defense for the victim.
 Evident premeditation = exists when the offender has consciously
and deliberately planned the killing in advance.
 Cruelty
 Ignominy = the act of killing is done in such a way that the victim’s
dignity or reputation is degraded
 Price, reward, or promise = motivated by a financial or material
incentive
 By Means of Fire, Explosion, or Other Similar Means
 By Means of Inundation, Poison, or Other Methods Involving
Great Danger
 With a Victim in Custody or Under the Care of the Offender = ex.
caregiver killing a dependent
 Killing on Occasion of Robbery, Kidnapping, or Other Heinous Acts

Conspiracy- exists when two or more persons come to an agreement


concerning the commission of a felony and decide to commit it.

*When there is no conspiracy, each of the


offenders is liable only for the act
performed by him.

Under Article 18 of the RPC, an accomplice is someone who does not


directly execute the criminal act but cooperate in the execution of the offense by
previous or simultaneous acts.

Accessory – having knowledge of the commission of the crime and


takes part subsequent to its commission either by:
1. Profiting from the benefits of the crime
2. Concealing the body to prevent from discovery, and
3. Assisting the escape of the principal

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