Art 1-14 Flashcards
(416 cards)
1
Q
What is criminal law?
A
Criminal law defines crimes and provides for their punishment.
2
Q
What limits the power of Congress to enact penal laws?
A
Due process, equal protection, non-imposition of excessive fines & cruel and unusual punishment, ex post facto penal laws.
3
Q
What are some statutory rights of an accused?
A
presumed innocent until proven guilty beyond reasonable doubt, to be informed of the nature and cause of accusation against him, to be present and defend in person and by counsel at every stage of the proceedings, exempt from being compelled to be a witness against oneself, to have a speedy, impartial and public trial, to appeal in all cases allowed and in the manner prescribed by law
4
Q
Are penal laws applied to foreigners present in the country?
A
Yes, penal laws are binding to all who live and sojourn in the Philippines (Art. 14, Civil Code)
5
Q
Who are exempt from PH criminal laws due to international law?
A
Ambassadors, heads of missions of equivalent rank, envoys extraordinary, ministers plenipotentiary, charge d’affaires, accredited to the minister of foreign affairs
6
Q
When is the RPC enforced outside PH jurisdiction?
A
- on a PH ship or airship
- when coins or currency notes of the PH are forged our counterfeit
- when those coins or currencies are introduced into the country
- being public officers or employees, committing an offense exercising their functions
- crimes against national security, law of nations
7
Q
Do penal laws have retroactive application?
A
No. ‘No felony shall be punishable by any penalty not prescribed by law prior to its commission’, except when favorable to the acused.
8
Q
Time when Act Takes effect?
A
January 1, 1932
9
Q
What are the two theories in Criminal Law?
A
The classical theory and Positivist theory
10
Q
What is classical theory?
A
The basis of criminial liability is human free will and the purpose of the penalty is retribution. Man has aboslute free will to choose between good and evil, therby placing more stress upon the effct or result of the felonious act than upon the man
11
Q
What is Positivist theroy?
A
Man is subdued occasionally by a strange and morbid phenomenon which constraims him to do wrong, in spite of or contrary to his volition
12
Q
What is the first par of Art 2?
A
Should commit an offense while on Philippine ship or airship;
13
Q
What are the reqs of Art 2?
A
- A crime must be committed on board a private or merchant ship
- The ship or airship must be registered in the Philippines under PH law
- The ship or airship must not be within the territorial jurisdiction of another country, otherwise the laws of that country will apply
14
Q
What are the two rules as to jurisdiction over crimes committed aboard merchant vessels while in the territorial waters of another country?
A
French rule and english rule
15
Q
What is the French rule?
A
Such cirmes are not triable in the courts of that country, unless their commission affects the peace and security of the territory or the safety of the state is endangered
16
Q
What is the english rule?
A
Such crimes are triable in that country, unless they merely affect things within the vessel or they refer to the internal management thereof
17
Q
The PH follows which rule?
A
English rule
18
Q
Do we have jurisdiction over foreign warships?
A
No. The nationality of such warship determines the applicable penal laws to crimes committed therein, as they are considered to be an extension of the territory of the country to which they belong
19
Q
RPC applied when the Ph vessel is found within what?
A
- Philippine waters
- The high seas
20
Q
What are the rules on foreign merchant and possession and use of drugs?
A
- If foreign merchant is in transit – mere possession of drugs is not publishable but the use of the same is punishable
- If foreign merchant is NOT in transit – mere possession of dangerous drugs is punishable because it can already be considered as illegal importation
21
Q
What is the 2nd par of art 2?
A
Should forge or counterfeit any coin or currency note of the Philippine Islands or obligations and securities issued by the Government of the Philippine Islands
22
Q
What is an example of Art 2 par 2?
A
Thus, any person who makes counterfeits in a foreign country may be prosecuted before our courts for violation of Article 163 (coins or currency counterfeit) OR Article 166 (forging securities or obligations) of the RPC.
23
Q
what is the 3rd par of art 2?
A
Should be liable for acts connected with the introduction into these islands of the obligations and securities mentioned in the presiding number;
24
Q
What are the differences between num 2 and num 3?
A
Num 2- refers to people who produce the counterfeit coins
Num 3- refers to the person who introduces the coins.
25
What is the reason for num 2 and Num 3?
they are being punished because such acts have an effect on our economy
26
what is the 4th par of art 2?
While being public officers or employees, should commit an offense in the exercise of their functions; or
27
What are the felonies that can be commiteed abroad but will be prosecuted here?
1. Direct Bribery
2. Indirect bribery
3. Fraud Against Public Treasury
4. Possession of Prohibited Interest
5. Malversation of Public Funds or Property
6. Failure of accountable officer to render accounts
7. Illegal use of Public Funds or Property
8. Failure to Make Delivery of Public funds/Property
9. Falsification by a public officer or employee committed with abuse of his official position
28
Does the RPC apply to public servants and employees who commit their offenses abroad?
Yes, as long as it was during the exercise of their functions
29
what is the 5th par of art 2?
Should commit any of the crimes against national security and the law of nations, defined in Title One of Book Two of this Code.
30
what are Examples of offenses against national security and law of the nations?
1. Treason
2. conspiracy and proposal to commit treason
3. espionage
4. inciting to war and giving motives for reprisals
5. violation of neutrality
6. correspondence with hostile country
7. flight to enemy’s territory
8. piracy and mutiny on the high seas
31
Execption of Art 2:
Penal laws are not applicable within or without ph territory if so provided in treaties and laws of preferential application
32
What is Art. 3 of RPC?
Acts and omissions punishable by law are felonies (delitos). Felonies are committed not only by means of deceit (dolos) but also by means of fault (culpa). There is deceit when the act is performed with deliberate intent; and there is faulthwne the wrongful act results from imprudence, negligence, lack of foresight, or lack of skill.
33
What are felonies?
acts and omissions punishable by R.P.C.
34
Elements of Felonies
1) there must be an act or omission; 2) act or omission must be punishable by RPC; and 3) act is performed or the omission incurred by means of dolos or culpa.
35
What are acts?
any bodily movement tending to produce some effect in the external world, it being unnecessary that the same be actually produced, as the possibility of its production is sufficient.; an overt act of a felony
36
Must acts be external?
Yes, because internal acts are beyond the sphere of penal law.
37
What is omission?
inaction; the failure to perform a positive duty which one is bound to do.
38
What are the classification of felonies?
Intentional felonies and culpable felonies; (1) by means of deceit (dolo) and (2) by means of fault (culpa)
39
What is the difference of intentional and culpable felonies?
Intentional felonies: the act or ommission of the offender is malicious (deliberate intent)
Culpbale felonies: act or omission of the offender is not malicious. "unintentional, it being simply the incident of another act performed without malice"
40
What are felonies committed by means of dolo or with malice?
When the offender, in performing an act or in incurring an omission, has the intention to do an injury to the person, property, or right of another, such offender acts with malice.
41
Does dolo mean deceit?
NO, it is equivalent to malice which is the intent to do an injury to another.
42
What are felonies committed by means of fault or culpa?
performed without malice but at the same time punishable in a lesser degree and with an equal result, an intermediate act which the RPC qualify as imprudence or negligence.
43
What is imprudence?
a deficiency of action; lack of skill
If a person fails to take the necessary precaution to avoid injury to a person or damage to property.
44
What is negligence?
a deficiency of perception; lack of foresight
If a person fails to pay proper attention and to use due diligence in foreseeing the injury of damage impending to be caused.
45
What is the reaosn for punishing acts of negligence (culpa)?
A man must use common sense, and ecervise due reflection in all his acts; it is his duty to be cautious, careful and prudent, if not from instinct, then through fear of incurring punishment.
46
Should acts or omissions be voluntary?
YES, in felonies committed by means of dolo or with malice and in felonies committed by means of fault or culpa, the act or omission must be voluntary and punishable by law to constitute a felony.
47
What is reckless imprudence?
consists in voluntary, but without malice, doing or failing to do an act fromw hich material damage results.
48
Why do acts or omissions in felonies must be voluntary?
1. Classical Theory -- according to which the basis of criminal liability is human free will.
2. Acts or omissions punished by law are always deemed voluntary, since man is a rational being.
3. In felonies by dolo, the act is performed with deliberate intent which must necessarily be voluntary; and in felonies by culpa, the imprudence consists in voluntarily, but without malice, doing or failing to do an act from which material injury results.
49
Requisites of dolo or malice
1. He must have FREEDOM while doing an act or omitting to do an act;
2. He must have INTELLIGENCE while doing the act or omitting to do the act.
3. He must have INTENT while doing the act or omitting to do the act.
50
What does intent presupposes?
One who acts without freedom necessarily has no intent to do an injury to another.
One who acts without intellifence has no such intent.
It presupooses the exercise of freedome and the use of intelligence.
51
How do you show intent?
The existence of intent is shown by the overt (external) acts of a person
52
What is mistake of fact?
a misapprehension of fact on the part of the person who caused injury to another. He is not, however, criminally liable because he did not act with criminal intent.
53
Requisites of mistake of fact as a defense
1. That the act donw would have been lawful had the facts been as the accused believed them to be.
2. That the intention fo the accused in performing the act should be lawful.
3. That the mistake must be without fault or carelessness on the part of the accussed.
54
Does the lack of intent to kill the deceased because his intention was to kills another consittute a felony?
YES, the lack of intentin to kills the other does not relieve the accused from criminal responsibility. He having acted maliciously and willfully.
55
Does mistake in fact apply to error in personae or indentity of the victim?
NO.
56
Does mistake of fact apply when the accused is negligent?
NO, the defense of mistake of fact is untenable when the accused is charged with a culpable felony. In MOF, what is involved is the lack of intent on the part of the accused.
57
Criminal Intent necessary?
Criminal intent is necessary in felonies committed by means of dolo.
58
Actus non facit reum nisi mens sit rea
the act itself does not make a man guilty unless his intention were so.
59
Actus me invito factus non east meus actus
an act done by me against my will is not my act
60
In felonies committed by mean of culpa, is criminal intent replaced by negligence and imprudence?
YES, the doing of or failing to do ana ct must also be voluntary, there must be freedom and intelligence of the aprt of the offender. Criminal intent is replaced by the requisite of imprudence, negligence, lack of foresight, or lack of skill.
61
Requisites of felonies committed by means of fault or culpa
1. He must have FREDDOM while doing an act or omitting to do an act;
2. He must have INTELIGENCE while doing the act or omitting to do the act.
3. He is IMPRUDENT, NEGLIGENT, or LACKS FORESIGHT or SKILL while doing the act or omitting to do the act.
62
What is the third class of crimes?
Those punished by special laws which also includes crimes punished by municipal or city ordinances.
63
Is dolo required in crimes punishable by specia laws?
NO, when the crime is punished by a special law, as a rule, intent to commit the crime is not necessary. It is sufficient that the offender has the intent to perpetrate the act prohibited by special law.
64
What is mala in se?
there must be criminal intent; wrongful act from their nature.
65
What is mala prohibita?
it is sufficient if the prohibited act was intentionally done; wrong be cause prohibited by stature
66
Distinctions between mala in se and mala prohibita
1. MS: intent governs. MP: only inquiry is has the law been violated?
2. MS: felonies defined and penalized by RPC; MP: crimes htat have been originally defined and penalized by special laws.
67
What is motive?
the moving power which impels one to action for a definite result.
not an essential element of crime and need not be proved for purposes of conviction.
68
What is intent?
the purpose to use a particular means to effect such result.
69
When is motive relevant?
1. Identity of accused
2. Antagonistic Theories
3. No eyewitness
4. Circumstntial evidence or sufficient evidence
70
How is motive proved?
established by the testimony of witnesses on the acts or statements of the accused before or immediately after the commission of the offence. Duch deeds or words may indicate the motive.
71
Is proof of motive sufficient to support conviction?
NO, it is not sufficient proof of guilt. Even a strong motive to commit the crime cannot take the place of proof beyond reasonable doubt, sufficient to overthrow the presumption of innocence.
72
What is Article 4 of RPC?
Criminal liability shall be incurred:
1. By any person committing a felony (delito) although the wrongful act done be different from that which he intended
2. By any person performing an act which would be an offense against persons or property, were it not for the inherent impossibility of its accomplishment or an account of the employment of inadequate or ineffectual means.
73
Does one who did not intend to do an act but by natural consequence, resulted in the act have criminal liability?
Yes - he who is the cause of the cause is the cause of the evil caused.
74
Does a felony by means of culpa fall under par. 1 of Article 4 - where a person is committing a felony though the act done is different from that he intended?
No - in Article 4, it must only be by means of dolo because there should be intent in the first place.
75
If the person's act does not constitute a felony, does he have criminal liability?
No, only those in the RPC can lead to criminal liability.
76
What are the causes that can produce a result different from what the accused intended?
Mistake in:
- identity
- blow
- injurious result be greater than intended
77
What are the requisites of Art. 4, par. 1: committing a felony (delito) although the wrongful act done be different from that which he intended?
1. intentional felony be committed
2. wrong done to the aggrieved party be the direct and logical consequence of the felony committed
78
Is one criminally liable not only for the act, but also including all the natural, logical consequence of the act?
Yes.
79
Is an accused still criminally liable if it clearly appears that the injury would not have caused death and would have healed in days, were it not for the malicious or careless acts of the injured person?
No. The result must have been the direct and logical consequence of the felony. If there was an efficient intervening cause that broke the natural and continuous sequence between thei act and the injury, then there can be no criminal liability.
80
What is proximate cause?
That which is the natural and continous sequence, unbroken by any efficient intervening cause, produces the injury, without which the result would not have occured.
81
When is the felony not considered the proximate cause of the injury?
When there is an:
- active force that intervened between the felony and the resulting injury
- the injury is due to the intentional act of the victim
82
Is one's nervousness of a person which caused him to move around despite doctor's orders an efficient intervening cause?
No
83
When is death presumed to be the natural consequence of physicaly injuries?
- when the victim was in normal health
- death is expected based on the physical injuries
- death ensued within a reasonable time
84
What is art. 4, par. 2 all about?
Impossible Crimes
85
In impossible crime, why is the act not producing an offense against persons or property?
Because the commission of the offense against persons or property is
1. inherently impossible to accomplish
2. the means employed is either
a) inadequate
b) ineffectual
86
What is an impossible crime?
act performed was
1. an offense against persons or property
2. done with evil intent
3. its accomplishment is inherently impossible, or means employed is inadequate or ineffectual
87
What are offenses against persons?
I AM. D. Honorable Risa P. Hontiveros:
- Infanticide
- Abortion
- Murder
- Duel
- Homicide
- Rape
- Parricide
- Homicide
88
What are offenses against properties?
BRAT SUM [CC]
- brigandage
- robbery
- arson
- theft
- swindling
- usurpation
- malicious mischief
- culpable insolvency
- chattel mortgage
89
Art 5:
Duty of the court in connection with acts which should be repressed but which are not covered by the law, and in cases of excessive penalties.
— Whenever a court has knowledge of any act which it may deem proper to repress and which is not punishable by law, it shall render the proper decision, and shall report to the Chief Executive, through the Department of Justice, the reasons which induce the court to believe that said act should be made the subject of penal legislation.
In the same way the court shall submit to the Chief Executive, through the Department of Justice, such statement as may be deemed proper, without suspending the execution of the sentence, when a strict enforcement of the provisions of this Code would result in the imposition of a clearly excessive penalty, taking into consideration the degree of malice and the injury caused by the offense.
90
What is the basis of paragraph 1?
Nullum crimen sine lege, nulla poena sine lege
91
What are the four requirements of a trial case?
1. The act committed by the accused appears not punishable by any law;
2. But the court deems it proper to repress such act;
3. In that case, the court must render the proper decision by dismissing the case and acquitting the accused
4. The judge must then make a report to the Chief Executive, through the Secretary of Justice, stating the reasons which induce him to believe that the said act should be made the subject of penal legislation
92
What are the requirements of the second paragraph of Article 5?
1. The Court after trial finds the accused guilty
2. The penalty provided by law and which the Court imposes for the crime committed appears to be clearly excessive because (a) the accused acted with lesser degree of malice, and/or; (b) there is no injury or the injury caused is of lesser gravity
3. The Court should not suspend the execution of the sentence
4. The judge should submit a statement to the Chief Executive, through the Secretary of Justice, reccommenting executive clemency.
93
What kind of penalty is not considered to be excessive?
Those intended to enforce a public policy
94
What is the duty of a judge when applying the law he does not believe to be promulgated in a reasonable way?
Apply the Supreme Court's interpretation
95
Is judicial legislation allowed?
No
96
Is Art 5 applied to special laws?
Yes
97
What is Consummated Felony?
It is consumated when all the elements necessary for its excution and accomplishment are present.
98
What are the elements of a consummated felony?
"All elements" necessary and accomplishment "are present."
99
What is Frustrated Felony?
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.
100
What are the elements of a frustrated felony?
1. The offender performs all acts of execution.
101
What does "causes independent of the will of the perpetrator mean?
If the crime is not produced because of a timely intervention of a third person, it is frustrated. If the cause that prevented the consummation of the offense was the perpetrator's own will, it is not frustrated.
102
What is Attempted Felony?
The offender commences the commission of a felony directly by overt acts, and does not perform all the acts of execution which should produce the felony by reason of some cause of accident other than his own spontaneous desistance.
103
What are the elements of an attempted felony?
1. Offender commences the commision of the felony directly by OVERT acts (physical/external/proposal)
104
What is the subjective phase in attempted felony?
It is the portion of the acts constituting the crime, starting from the point where the offender begins the commission to the point where he still has control over his acts.
105
What are examples to exempt you from criminal liability?
One who takes part in planning a criminal act but desists in its actual commission is exempt from criminal liability. The desistance should be made before all the acts of execution are performed.
106
What is the development of a crime?
This is the moment the culprit conceives the idea of committing a crime up to the realization of the same and his acts passes through stages: (1) Internal acts and (2) External acts.
107
What is an internal act?
Mere ideas in the mind of a person. They are NOT punishable even if, they had been carried out, they would constitute a crime.
108
What is an external act?
They cover (1) preparatory acts and (2) acts of execution. This must have a direct connection with the crime intended to be committed by the offender.
109
What are preparatory acts?
They are ordinarily not punishable. Proposal and conspiracy to commit a felony are not punishable except for when the law provides so. However, preparatory acts which are considered in themselves, by law, as independent crimes are punishable (i.e. possession of picklocks, buying poison, carrying inflammable materials to a place to be burned.)
110
What are acts of execution?
They are punishable under the RPC. They have 3 stages: attempted, frustrated, and consumnated.
111
What is an overt act?
Physical activity or deed, indicating the intention to commit a particular crime. This is more than mere planning and preparation.
112
What is the difference between an overt act and preparatory act?
Preparatory is: A bought poison from a drugstore. Overt act is: The person mixed the poison with the food for his victim.
113
What is an indeterminate offense?
It is one where the purpose of the offender in performing an act is not certain.
114
When can you ascertain intention?
Intention must be ascertained through facts. It must be that the mind must infer from the intention of the perpetrator to cause a particular injury.
115
Who can be guilty of a felony?
Only offenders who personally execute the commision of a crime can be guilty of attempted felony. They must take direct part.
116
What's the difference between frustrated and attempted?
In frustrated, the offender has reached the objected phase. He has performed all acts of execution.
117
How can you determine whether the crime is attempted, frustrated, or consummated?
Check the (1) Nature of the offense, (2) elements constituting the felony, (3) manner of committing the same.
118
What are the different manners in committing a crime?
1. Formal Crimes: Consummated in one instant, by a single act. (i.e. slander and false testimony)
119
Art 7:
When light felonies are punishable. --- Light felonies are punishable only when they have been consummated, with the exception of those committed against persons or property.
120
What is the meaning of light felonies?
those infractions of law for the commission of which the penalty of arresto menor or a fine not exceeding Php 40,000, or both, is provided.
121
What are light felonies punished by RPC?
She Told Andrea, Micha, I, Dan, And Colleen Please Open Other Little Dainty Smiskies
1. Slight physical injuries
2. Theft
3. Alteration of boundary marks
4. Malicious mischief
5. Intriguing against honor
6. Disobedience to an agent of a person in authority
7. Alarms and scnadals
8. Concealing true name
9. Prostitution
10. Other forms of trespass
11. Other light threats
12. Light coercion
13. Destroying and damagin paintings
14. Slander by deed, not serious
122
What is the general rule?
Light felonies are punishable only when they have been consummated.
123
What is the exception?
Light felonies acommitted against persons or property, are punishable even if attempted or frustrated.
124
What is the reason for the general rule?
They produce such light, such insignificant moral and material injuries that public conscience is satisfied with providing a light penalty for their consummation. If they are not consummated, the wrong done is so slight that there is no need of providing a penalty at all.
125
What is the reaosn for the exception?
Commission of felonies against persons or property presupposes in the offender moral depravity.
126
Example of light felonies against person
Slight physical injuries and maltreatment
127
Example of light felonies against property
1. Theft by hunting or fishinf or gathering fruits, cereals, or other forest of farm products upon inclosed estate or field where trespass is forbidden.
2. Theft where value of the property doesn't exceed Php 500 prompted by hunger poverty, or difficulty earning livelihood.
3. Alteration of boundayr marks.
4. Malicious mischief
128
Art 8:
Conspiracy and proposal to commit felony.
— Conspiracy and proposal to commit felony are punishable only in the cases in which the law specially provides a penalty therefor.
A conspiracy exists when two or more persons come to an agreement concerning the commission of a felony and decide to commit it.
There is proposal when the person who has decided to commit a felony proposes its execution to some other person or persons.
129
Is conspiracy and proposal to commit a felony the same crime?
No. (1) conspiracy to commit a felony; (2) proposal to commit a felony are two different things
130
What is the general rule and exception to Art 8?
General Rule: Conspiracy and proposal to commit felony are not punishable
Exception: They are punishable only in the cases in which the law specifically provides a penalty therefor
131
Why is conspiracy and proposal to commit felony generally not a crime?
They are mere preparatory acts
132
What kind of conspiracy acts are criminalized under the RPC?
1. Art 115: Conspiracy to commit treason
2. Art 136: Conspiracy to commit coup d'etat
3. Art 136: Conspiracy to commit rebellion or insurrection
4. Art 141: Conspiracy to commit sedition
133
When two people commit treason are they charged with both crimes of: treason AND conspiracy to commit treason?
No. They will only be held liable for treason, and the conspiracy is only a manner of incurring criminal liability. It is not a separate offense.
134
When is conspiracy to commit treason, rebellion or sedition satisfied?
When two or more people agree to commit treason, rebellion or sedition
135
A, B, and C, having conceived a criminal plan, got together, agreed and decided to kill D. If A, B, and C, failed to carry out the plan, are they liable for a crime?
No. There is no crime punishing consipracy to commit murder. Only conspiracy to commit treason, rebellion, or sedition will be punished.
136
What are the requisites of conspiracy?
1. That two or more persons came to an agreement
2. That the agreement concerned the commission of a felony; and
3. That the execution of a felony be decided upon
137
If a document is found in the drawer of a police showing the proposal for a police to conspire against the government. Is the police liable?
No because there is no evidence that the police accepted or received the proposal.
138
Is direct proof necessary to establish conspiracy?
No
139
Is quantum of proof necessary to establish conspiracy?
Yes
140
What are the requisites of proposal?
1. That a person has decided to commit a felony; and
2. That a person proposes its execution to some other person or persons
141
What is the difference between proposal and conspiracy
In proposal, what is important is the making of the proposal. It does not matter that the proposal be accepted by whom the proposal is made. If the proposal is accepted, it may be conspiracy to commit treason, rebellion or sedition because there would be an agreement and a decision to commit it.
142
What kind of crimes in which conspiracy and proposal are punishable?
Those that are against the security of the State or economic security
143
What are grave felonies?
1. attaches capital punishment
2. afflictive in any of their periods
3. fine more than 1.2M
144
What are afflictive penalties?
1. reclusion perpetua (20 years and 1 day -40 years)
2. reclusion temporal (12 years and 1 day -20 years)
3. perpetual/ temporary ABSOLUTE disqualification
4. perpetual/ temporary SPECIAL disqualification
5. prision mayor (6 years and 1 day -12 years)
145
What are less grave felonies?
penalties which in their maximum period are correctional
146
what are correctional penalties?
1. prision correcional (6 months and 1 day - 6 years)
2. arresto mayor (1 - 6 months)
3. suspension (6 months and 1 day - 6 years)
4. destierro (6 months and 1 day - 6 years)
5. fines from 40k - 1.2M
147
What are light felonies?
1. arresto menor (1 day to 30 days)
2. fine not more than 40k
148
Why is it important to classify the penalties?
1. to determine if the felony can be complexed or not
2. to determine the prescription of the crime and penalty
3. to determine the duration of the subsidiary penalty
149
Art 10:
Offenses not subject to the provisions of this Code -- Offenses which are or in the future may be punishable under special laws are not subject to the provisions of this Code. This Code shall be supplementary to such laws, unless the latter should specially provide the contrary.
150
Are offenses punishable by special laws subject to RPC?
1. Offenses under special laws are not subject to the provisions of RPC.
2. RPC is only supplementary to such laws.
151
What is the meaning of "special laws"?
penal laws which punishes acts not defined and penalized by the RPC; statutes which are enacted by the Legislative branch which is not an amendment to RPC.
152
Is RPC suppletory when penalties under special laws are different from RPC?
NO. When the penalties under special laws are different from and are without reference or relations to those under RPC, there can be no suppletory effect, for the application of penalties under the said Code or by other relevant statutory provisions are based on or applicable only to said rules for felonies under the Code.
153
Are offenses under special laws subject to provisions of attempted and frustrated crimes?
NO, jurisprudence states that "attemoted or frustrated stage of the execution of an offense penalized by a special law is not punishable ,unless the special law provides a penalty therefor."
154
Is punishing an accomplice under a special law which does not punish a mere accomplice applicable with art. 10?
NO, it would be a legal impossibility to determine what penalty is to be imposed upon a mere accomplice. The combined provisions od both RPC and NIRV do not provide any such penalty or at least lay down the basis or the manner of its determination.
155
Does special laws have to fix penalties for attempted and frustrated crime?
YES, the special law does not provide for a penalty one or two degrees lower than that provided for the consummated stage.The special law has to fix the penalty for the attempt and a penalty for the frustration of the crime defined by it, in order that the crime may be punished in case and its commission reached only the attempted or frustrated stage of execution.
156
Are mitigating or aggravating circumstances applicable to offenses punishable by special laws?
NO, it has been held that provisions of the RPC, relative to the application of the circumstances modifying the criminal liability of the accused are not applicable to special laws. Penalty prescribed by special law is usually indeterminate and does not contain three periods.
157
If the special law adopted penalties fromt he RPC, should the rules on graduating penalties by degrees or determining the proper period apply?
YES, where the special law adopted penalties from the RPC, the Indeterminate Sentence Law wil lapply just as it would in felonies.
158
What is the meaning of "supplementary"?
applying what is lacking; additional
159
When do you apply suppletory application of the RPC?
Only when the provisions of the special law are silent on a particular matter.
General provisions of the RPC which by their nature, are necessarily applicable, may be applied suppletorily.
160
What are the cases where the SC applied suppletorily the provisions of the RPC to offenses under special laws?
1. Subsidiary penalty
2. Civil liability
3. Rules on service of sentence
4. Definition on principals, accomplices, and accessories
5. Principle of conspiracy
161
Are special laws that amend the RPC subject to its provisions?
YES from the nature of the penalty imposed which is in terms of the classification and duration of penalties that are prescribed in the RPC.
162
What are justifying circumstances?
Acts of such persons as justified. Such persons are not criminals, as there is no crime committed
163
What is the first paragraph of art 11?
SELF-DEFENSE; Anyone who acts in self defense of his person or rights
164
What are the elements of Self Defense?
1. Unlawful agression,
2. Reasonable Necessity of the means employed to prevent or repel it,
3. Lack of sufficient provocation on the part of the person defending himself.
165
What are the rights included in Self Defense?
1. Defense of person or body,
2. Rights protected by law,
3. Right to property acquired,
4. Right to honor
166
Is Unlawful Agression an indispensable requisite?
Yes. It is a condition sine qua non. There can be no self defense, complete or incomplete, unless the victim has committed an unlawful agression against the person defending himself
167
What is the meaning of unlawful agression?
It is equivelent to assault or at least threatened assault of an immediate and imminent kind. Peril to ones life, limb or right is either actual or imminent
168
Two kinds of Peril to Ones life?
Actual- danger must be present, that is, actually in existence
Imminent- danger is on the point of happening. It is not required that the attack already begins, for it mayb be too late
169
Is mere belief of an impeding attack sufficient to justify self-defense?
No. Mere belief of an attack unsupported by evidence does not constitute unlawful aggression. However, Belief of the accused may be considered in determining the existence of unlawful aggression
170
Can Insulting words constitute as unlawful agression?
No.
171
A light push to the head w the hand or a mere push or shove?
No.
172
A slap on the face?
Yes. The face represents a person and his dignity
173
Is retaliation self defense?
No. It is different from self defense. In retalliation, the agression that was begun by the injured party has already cease to exist when the accused attached him. In self defense, the agression was still existing
174
When the agressor flees?
No. When the aggressor flees, unlawful aggression no longer exists. The one making a defense has no more right to kill or even to wound the former aggressor.
175
What if there is an agreement to fight?
No. When the fight is agreed upon, neither can invoke the right of self defense, because agression which is an incident in the flight is bound to arise from one or the other of the combants
Exception: an aggression ahead of the stipulated time and place the mutual agreement to fight will be unlawful
176
Notes on Unlawful agression:
1. the attack made by the deceased and the killing of the deceased by defendent should suceed each other without appreciable interval of time
2. The Unlawful agresson must come from the person who was attacked by the accused
3. There is self-defense even if the aggressor use a toy pistol, provided that the accused believed it was a real gun
4. When intent to kill is manifest, picking up a weapon is sufficient to be an unlawful aggression
5. If the accused declines to give any statement to the police when he surrenders, his acts are inconsistent with the plea of self-defense
6. The circumstances as the accused perceived them at the time of the incident should be considered in determining the existence of unlawful agression
7. A public officer exceeding his authority may become an unlawful aggressor
177
The second requsite of self defense means that:
1. there be a necessity of the course of action taken by the person making a defense
2. There be a necessity of the means used.
178
What is the doctirine of rational equivalence?
The imminent danger to which the person attacked is exposed, and the instinct, more than the reason, that moves or impels the defense, and the proportionateness thereof does not depend upon the harm done, but rests upon the imminent danger of such injury
179
What are the tests of reasonableness?
1. nature and quality of the weapon used by the aggressor
2. physical condition, character, size, and other circumstances of the aggressor
3. physical condition, character, size, and other circumstances of the person defending himself
4. place and occassion of the assault
180
What is the reason for the third requisite?
When the person defending himself from the attack by another gave sufficient provocation to the latter, the former is also to be blamed for having given cause for the aggression. The one defending himself must not have given cause for the agression by his unjust conduct or by inciting or provoking the assailant
181
Cases in which the third requisite of self -defense is considered present:
1. When no provocation at all was given to the agressor by the person defending himself
2. when, even if the provocation was given, it was not sufficient
3. when, even if the provocation was sufficient, it was not given by the person defending himself
4. when, even if a provocation was given by the person defending himself, it was not proximate and immediate to the act of the agression
182
How to determine the sufficiency of provocation:
The provocation must be sufficient, which means that it should be proportionate to the act if aggression and adequate to stur the agressor to its commission
183
What is the battered woman syndorme?
Scientifically defined pattern of psychological and behavioral symptoms found in women living in battering relationships as a result of cumulative abuse
184
How many battered cycles must they go through?
2
185
What are three phases of the "cycle of violence"?
1. The tension buidling phase: minor battering occurs it could be verbal or slight physical abuse. the woman usually tires to pacify the batterer through a show of kind, nurturing behavior, or by simply staying out of his way
2. The acute battering incident: brutality, destrictiveness and sometimes death. She has no control
3. The tranquil, lobing (non-violent): Basically guy gaslights her and says he will never do it again and she believes
186
What is the second paragraph of Art 11?
DEFENSE OF RELATIVES; Any one who acts in defense of the person or rights of his spouse, ascendants, descendants, or legitimate, natural or adopted brothers or sisters, or his relatives by affinity in the same degrees and those consanguinity within the fourth civil degree, provided that the first and second requisites prescribed in the next preceding circumstance are present, and the further requisite, in case the revocation was given by the person attacked, that the one making defense had no part therein.
187
What are the relatives that can be defended?
Spouse, Ascendants, Descendants, Legitimate, natural or adopted Brothers and Sisters, or relatives by Affinity in the same degrees, Relatives by Consanguinity within the 4th civil degree.
188
What are relatives by affinity?
Through marriage
189
Relatives by consanguity?
Blood relatives
190
What are the requsities of Defense of relatives?
1. Unlawful agression,
2. Reasonable Necessity of the means employed to prevent or repel it,
3. In case the provocation was given by the person attacked, the one making the defense had no part in such provocation
191
What is the reason for the 3rd requisite?
that although the provocation prejudices the person who gave it, its effects do not reach the defender who took no part therein, because the latter was prompted by some noble or generous sentiment in protecting and saving the relative.
192
What is the third paragraph of Art 11?
DEFENSE OF STRANGER; Anyone who acts in defense of the person or rights of a stranger, provided that the first and second requisites mentioned in the first circumstance of this Article are present and that the person defending be not induced by revenge, resentment, or other evil motive.
193
What are the requsities of Defense of stranger?
1. Unlawful agression,
2. Reasonable Necessity of the means employed to prevent or repel it,
3. The person defending be not induced by revenge, resentment, or other evil motive
194
Who are deemed strangers?
Any person not included in the enumeration of relatives, is considered a stranger for the purpose of par 3
195
Are friends or distant relatives a stranger?
Yes.
196
Difference of self-defense and the defense of relative?
The third requisite in defense of relative wherein it is immaterial if the person being attacked gave sufficient provocation
197
What is the 4th paragraph of Art 11?
AVOIDANCE OF GREATER INJURY; Any person who, in order to avoid an evil or injury, does not act which causes damage to another
198
What are the requsities
1. That the Evil sought to be avoided actually exists
2. That the injury feared be greater than that done to avoid it;
3. There is no other Practical and less harmful means of preventing it
199
What does damage to another mean?
This term covers injury to persons and damage to property and against honor
200
Should the evil exist?
Yuhh duh. The evil mist acually exist. If it was expected or anticipated or may happen in the future this par is not applicable
201
What is the diff bewteeen Par 4 Art 11 and par 4 Art 12?
Art 11- Offender deliberately caused the damage and Art 12- Offender accidentally caused damage
202
What is the 5th paragraph of Art 11?
FULFILLMENT OF A DUTY OR LAWFUL EXERCISE OF RIGHT OR OFFICE; Any person who acts in the fulfillment of a duty or in the lawful exercise of a right or office.
203
What are the reqs?
1. That the accused acted in the performance of a duty or in the lawful exercise of a right or office
2. That the injury caused or the offense committed be the necessary consequence of the due performance of duty or the lawful exercise of such right or office.
204
Can shooting a thief who refused to be arrested be justified?
No. It was not his duty to run after the thief and subdue him.
205
Landmark case:
People v Delima: Felipe Delima pursued and shot Napilon who escaped from prison a few days prior the incident. The policeman was tried and convicted by the Court of First Instance of homicide and sentenced him to reclusion temporal.
Held: The killing was done in performance of the duty. In accordance with Article 8, No. 11 (now Article 11, par 5 of Revised Penal Code) Felipe Delima committed no crime and is acquitted.
206
What is the doctinre of self help?
“the owner or lawful possessor of a thing has the right to exclude any person from the enjoyment and disposal thereof. For this purpose, he may use such force as may be reasonably necessary to repel or prevent an actual or threatened unlawful physical invasion or usurpation of his property.”
207
Lawful exercise of office:
The executioner of the Bilibid Prison cannot be held liable for murder for the execution performed by him because he was merely acting in the lawful exercise of his office (Guevara).
208
What is par 6 of art 11?
OBEDIENCE TO AN ORDER ISSUED FROM SOME LAWFUL PURPOSE; Any person who acts in obedience to an order issued by a superior for some lawful purpose.
209
What are the reqs?
1. That an order has been issued by a superior
2. That such order must be for some lawful purpose
3. That the means used by the subordinate to carry out said order is lawful.
210
Notes:
1. Both the person who gives the order and the person who executes it, must be acting within the limitations prescribed by law.
2. When the order is not for a lawful purpose, the subordinate who obeyed it is criminally liable.
3. The subordinate is not liable for carrying out an illegal order of his superior if he is not aware of the illegality of the order and he is not negligent.
211
What are exempting circumstances?
those grounds for exemption from punishment because there is wanting in the agent of the crime any of the conditions which make the act voluntary or negligent.
212
What is the basis for exempting circumstances?
based on the (1) complete absence of intelligence, freedom of action, or intent, or (2) on the absence of negligence on the part of the accused.
213
Par 1:
Circumstances which exempt from criminal liability. - the following are exempt from criminal liability:
1. An imbecile or an insane person, unless the latter has acted during a lucid interval.
When the imbecile or an insane person has committed an act which the law defines as a felony (delito), the court shall order his confinement in one of the hospitals or asylums established for persons thus afflicted, which he shall not be permitted to leave without first obtaining the permission of the same court.
214
Distinguish imbecility from insanity?
Imbecility is exempt in all cases from criminal liability, the insane is not so exempt if it can be shown that he acted during a lucid interval.
215
What is an imbecile?
Someone with a mental age comparable to a child between 2 to 7 yrs old
216
When does insanity exist?
Jurisprudence shows that insanity exists when there is a complete deprivation of intelligence in committing the act, that the accused is deprived of reasons, he acts without the east discernment, absence of power to discern, total deprivation of freedim of the will.
217
What is the procedure when the imbecile or insane commits a felony?
1. Court shall order his confinement in one of the hospitals or asylums established for persons afflicted, wherein the person shall not be permitted to leave without Court order.
2. The Court has to obtain the opinion of the Director of Health that he may be released without danger before a Court has the power t permit that person to leave
218
Who has the burden of proof to show insanity?
Defendant
219
How much evidence is necessary to overthrow the presumption of sanity?
Receive evidence of the condition of his mind during a reasonable period both before and after the commission of the act.
220
Is circumstantial evidence sufficient to prove insanity?
Yes, if it is clear and convincing
221
Is kleptomania an exempting or mitigating circumstance?
No decision has been made in PH jurisprudence
222
When is epilepsy covered by the term insanity?
When he committed a felony during an eplieptic fit
223
Is somnambuslism covered under the defense of insanity?
Yes, when it is proven that he committed the felony while he was asleep
224
Par 2:
A person under nine years of age. ***Modified to 15 years or under by R.A. 9344
225
What is the basis for exempting the circumstanc eof minority?
Absence of intelligence
226
Par 3:
3. A person over nine years of age and under fifteen, unless he has acted with discernment, in which case, such minor shall be proceeded against in accordance with the provisions of Art. 80 of this Code.
When such minor is adjudged to be criminally irresponsible, the court, in 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 with his surveillance and education otherwise, he shall be committed to the care of some institution or person mentioned in said Art. 80.
*****See Sec 6 of RA 9344, where the age is now above 15 but below 18. The child shall now be subject to an intervention program.
227
When is a child above 15 but below 18 exempt from criminal liability
When he does not act with discernment
228
What will happen when a child above 15 but below 18 acted with discernment?
He shall be subject to the approporiate prpcoeddings in accordance with Art 80 of RPC
229
Under RA 9344, what are the four periods of a human life?
1. Absolute irresponsibility - 0 to 15
2. Conditional responsibility - 15 years and 1 day to 18 years
3. Full responsibility - 18 years or over to 70
4. Mitigated responsibility - 15 years and 1 day, with discernment, over 70
230
What is a child in conflict with the law?
A person who at the time of the commission of the crime is below 18 but not less than 15 years and one day old.
231
What is discernement?
The capacity of the child at the time of the commission of a crime to understand the differences between right and wrong and the consequences of the wrongful act
232
What is taken into consideration into determination of discernment?
1. Ability of a child too understand the moral and psychological components of criminal responsibility
2. Consequences of the wrongful act
3. Whether a child can be held responsible for essentiall antisocial behavior
233
Distinguish intent with discernment?
Intent: desired act of the person
Discernment: moral signifiance that the person ascribes to that specific act
234
How can discernment be shown?
1. Manner of committing a crime
2. Conduct of offender
235
How can the age of child be determined?
1. Original copy of certificae of live birth
2. Other similar authnetic documents like baptisal certificates
3. testimony of a relative of a child through affinity or consanguinity
236
Is the child exempt from civil liability?
No
237
What is the 4th paragraph of Article 12?
Any person who, while performing a lawful act with due care, causes an injury, by mere accident without fault or intention of causing it.
238
What are the elements of par. 4 Article 12?
1.) A person is performing a lawful act
2.) With Due Care
3.) He causes an injury to another by mere accident
4.) Without fault or intention of causing it
239
While defending herself against an unjustified assault by an assailant, Esther fired his revolver at random which wounded two innocent persons. Is Esther exempted?
NO. 4th paragraph of Article 12 states that the person must be performing a lawful act. The dischare of a firearm in a populated area like Manila is prohibited and penalized by Article 155 of the RPC. So Esther was not performing a lawful act when he wounded the innocent people
240
What is an accident?
something that happens outside the sway of our will, and althought it comes about through some act of our will, lies beyond the bounds of humanly forseeable consequences. If the consequences are foreseeable, it will be a case of negligence.
241
Are repeated blows and accidental shooting negated by threatening words preceding it considered claim of accident?
NO. 4th paragraph of Article 12 states that the person must be performing a lawful act. The dischare of a firearm in a populated area like Manila is prohibited and penalized by Article 155 of the RPC. So Esther was not performing a lawful act when he wounded the innocent people
242
What is the basis of the 4th parag. of Article 12?
based on lack of negligence and intent. Under this circumstance, a person does not commit either an intentional felony or a culpable felony.
243
What is the 5th paragraph of Article 12?
Any person who acts under the compulsion of an irresistible force
244
What are the elements of the 5th paragraph of Article 12?
1.) That the compulsion is by means of physical force
2.) That the physical force must be irresistible
3.) That the physical forc emust come from a third person
245
Is passion or obfuscation an irresistible force under article 12 parag. 5?
NO. irresistible force can never consist in an impulse or passion, or obfuscation. It must consist of an extraneous force coming from a third person.
246
Is nature of force required under article 12 parag. 5?
YES. force must be irresistible to reduce the actor to a mere instrument who acts not only without will but against his will.
247
Basis of parag. 5 of Article 12
Exempting circumstance is based on the complete absence of freedom, an element of voluntariness
248
What is the 6th paragraph of Article 12?
Any person who acts under the impulse of an uncontrollable fear of an equal or greater injury
249
What are the elements of the 6th parag. of Article 12?
1.) That the threat which causes the fear is of an evil greater than or at least equal to, that which he is required to commit
2.) That it promises an evil of such gravity and imminence that the ordinary man would have succumbed to it.
250
What are the requisites of the 6th parag. of Article 12?
1.) an existence of an unctrollable fear
2.) the fear must be real and imminent
3.) the fear of injury is greater than or at least equal to that committed
251
Is burning a house a greater evil than killing a person under article 12 parag. 6?
NO. burning the house is a lesser evil than killing a person
252
If a person has the opportunity to escapre of perform self-defense is it still exempting under Article 12 parag. 6?
NO. threat of future injury is not enough. Compulsion must leave no opportunity to the accused for escape or self-defense in equal combat.
253
Is duress a valid defense for Article 12 parag. 6?
YES. but it should be based on real, imminent, or reasonable fear for one's life or limb and should not be speculative, fanciful, or remote fear.
254
What is the distinction between irresistible force and uncontrollable fear?
In irresistible force, offender uses violence or physical force to compel a person to commit a crime. In uncontrollable fear the offender employs intimidation or threat in compelling another to commit a crime
255
What is the basis of parag. 6 Article 12?
based on the complete absence of freedom
256
Is speculative, fanciful, and remote fear an uncontrollable fear?
NO. Mere fear of a member to disobey or refuse to do orders of the criminal organization he is part of is not uncontrollable fear. Absence of proof of actual physical or moral compulsion to act, is not sufficient to exempt the accused from criminal liability.
257
What is the 7th exempting circumstance?
any person who fails to perform an act required by law, when prevented by some lawful or insuperable cause
258
What are the elements of Art 12 par. 7?
1. act is required by law
2. person fails to perfom the act
3. due to some lawful or insuperable cause
259
What is the basis of Art 12 par 7?
lack of intent
260
What are the 3 main differences between a justifying and an exempting circumstance?
1. in JC there is no crime, in EC there is a crime but no crim liability
2. in JC there is no civil liability except for par 4, in EC there is no civil liability except for par 4 & 7
3. in JC there is nonothing unlawful, in EC the act is nor justified but the actor is not liable
261
What are mitigating circumstances?
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.
262
What is the basis for mitigating circumstances?
diminution of either freedom of action, intelligence, or intent, or on the lesser perversity of the offender.
263
What are the classes of mitigating circumstances?
1) Ordinary mitigating; 2) Priviledge mitigating
264
What are ordinary mitigating circumstances?
those that are enumerated in subsections 1 to 10 of Article 13.
265
What is the effect of ordinary mitigating circumstance?
produces the effect of applying the penalty provided by law for the crime in its minimum period in case of divisible penalty.
266
What are privileged mitigating circumstances?
Art 68. - Person under 18 y/o; Art 69. - When crime committed is not wholly excusable; Art 64. - Rules for the application of penalties which contain three periods when there are only 2 or more ordinary mitigating circumstances without any generic aggravating circumstances.
267
What is the effect of privileged mitigating circumstance?
produces the effect of imposing upon the offender the penalty lower by one or two fegrees than that provided by law for the crime
268
What are the difference between ordinary mitigating and privileged mitigating?
1) OM is susceptible of being offset by any aggravating circumstance, while PM cannot; 2) OM produces only the effect of applying penalty provided by law for the crime in its minimum period, while PM produces effect of imposing upon the offender the penalty lower by one or two degrees than than provided by law for the crime.
269
What are the implications of mitigating circumstances?
Mitigating circumstances only reduce the penalty, but do not change the nature of the crime.
270
What are the justification or exemption in the preceeding articles that may give place to mitigation?
1. Self-defense
2. Defense of relatives
3. Defense of stranger
4. State of necessity
5. Performance of duty
6. Obedience to order of superior
7. Minority above 15 but below 18
8. Accident
9. Uncontrollable fear
271
What exempting circumstance cannot give place to mitigation?
Paragraphs 1 and 2 of Art 12 (imbecility, insanity, and age under 15)
272
What element should always be present in all defense justifying circumstances?
Unlawful aggression
273
What happens when two of the three requisites of defense are present?
It becomes a privileged mitigating circumstance
274
What happens if the majority of the elements are present?
It becomes a privileged mitigating circumstance
275
If there are only two requisites needed, is the fulfillment of one enough to considered as a majority?
Yes, in People v Olanis, the SC held that there is no ORDINARY mitigating circumstance when there are two elements only in the justifying or exempting circumstance. Therefore, if only one is present out of the two, it is automatically a privileged mitigating circumstance.
276
What is a diversion?
Refers to alternative, child-appropriate process of determining responsibility and treatment of a child in conflict with the law on the basis of his/her social, cultral, economic, psychological, or educational background without resorting to formal court proceedings
277
What are the conditions for a child to undergo diversion programs without needing to undergo court proceedings?
1. when the penalty for the crime committed is not more than 6 yrs of imprisonment
2. in victimless crimes where the imposable penalty is not more than 6 yrs of imprisonment
278
What happens when the penalty for the crime committed exceeds 6 yrs of imprisonment?
Diversion programs may only be resorted to by the court
279
What kind of mitigating circusmtance is provided for when the offender is over 70 yrs old?
Generic mitigating circumstance
280
what is the 3rd mitigating circumstance?
that the offender had no intention to commit so grave a wrong as that committed
281
what is the rule for applying the 3rd mitigating circumstance?
there should be NOTABLE and EVIDENT disproprotion between the means employed and its consequences
282
how is the intention for the 3rd MC judged?
intention is judged by external acts (that the blow was not aimed at a vital part)
283
what are the factors that show how the accused intended the wrong committed?
WIMB - Wow I Met Bimby
1. the weapon
2. injury inflicted
3. manner
4. part of the body injured
284
what are the instances where lack of intention to commit so grave a wrong do not apply?
1. use of brute force
2. murder qualified by treachery
3. physical injuries where the victim does not die
4. negligence
5. defamation and slander
285
what are the instances where lack of intention to commit so grave a wrong applies?
1. robbery with homicide (only if there is no clear showing that there was a desire to kill)
2. murder qualified by circumstance based on manner of commission
3. malversation of public funds
4. physical injuries where the victim dies #KO
286
What is the fourth mitigating circumstance?
SUFFICIENT PROVOCATION OR THREAT on the part of the OFFENDED PARTY immediately preceded the act
287
What is provocation?
any unjust or improper conduct that is capable of exciting, inciting or irritating anyone
288
What are the requisites for the mitigating circumstance of Immediate Vindication?
Provocation - SOO Immediate!
1. provocation must be sufficient
2. originate from the offended party
3. provocation must be immediate to the commission of the crime
289
How do you know if the provocation is sufficient? [factors]
ApSP [wifi]
1. act constituting the provocation
2. social standing of the provoked
3. place and time of the provocation
290
Is a lapse of time allowed in the sufficient provocation mitigating circumstance?
No, because if there was an interval of time, then the person should have had time to regain his reason and to exercise self-control.
291
What makes SUFFICIENT PROVOCATION different from INCOMPLETE SELF DEFENSE?
> self defense: absence on the person DEFENDING HIMSELF
ie. he was defending himself + he did not provoke his victim
> sufficient provocation: presence on the person OFFENDING THE PERSON
ie. he was not defending himself + his victim provoked him
292
What makes SUFFICIENT PROVOCATION different from VINDICATION?
In sufficient provocation, a lapse of time is not allowed because it is just in mere spite - someone is naturally and immediately reacting to provocation.
In vindication, a lapse of time is allowed because it is against one's honor - somene is doing an act in vengeance because of a grave offense done against him or his relatives.
293
Are vague threats considered sufficient provocation?
No, but other threats such as 'I will burn your house down because you're a dickhead' is sufficient.
294
What is the 5th mitigating circumstance?
IMMEDIATE VINDICATION TO A GRAVE OFFENSE to the one committing the felony or to his spouse, ascendants, descendants, legitimate, natural or adopted brothers and sisters, and relatives by affinity within the same degree
295
What are the requisites for Immediate Vindication of a Grave Offense?
1. a grave offense done to the come committing the felony, his spouse, ascendants, descendants, legitimate, natural or adopted brothers or sisters, or relatives by affinity within the same degrees
2. the felony is committed in vindication of such grave offense
296
Is a lapse of time between the grave offense and the vindication allowed?
Yes, so long as it is proximate to the commission of the crime.
297
How do you determine the gravity of the offense in vindication?
DECIDED BY THE COURT
- social standing of the person committing the crime
- the place and time of the insult
298
Can the grave offense or insult be general and the person just felt insulted or affected?
No, the grave offense must be actually directed to the one who did the crime or to his family or relatives.
299
What are the differences between PROVOCATION and VINDICATION?
a. provocation only to felony guy, but vindication to felony guy and to his relatives
b. provocation only, vindication need grave offense to offender or relatives
c. provocation immediate, vindication may be proximate
300
Must provocation be proportionate to the damage caused by the act?
Yes - the grave offense and the vindication must be proportionate
301
What is the 6th mitigating circumstance?
PASSION OR OBFUSCATION - having acted upon an impulse so powerful as naturally to have produced passion or obfuscation
302
What are the requisites of passion or obfuscation?
[either one of the two]
[I'm - powerful P.O.!]
1. acted upon an impulse
2. so powerful that it naturally produced passion or obfuscation in him
1. act must be unlawful AND sufficient to produce such a condition of mind
2. act was not so far removed from the commission of the crime by a considerable length of time, during which the perpetrator might recover his normal equanimity
303
Can passion or obfuscation be applied when you are doing it from a lawless sentiment (eg. jealousy for your illegitimate wife)?
No, it must only be a mitigating circumstance if it arose from a lawful sentiment. You cannot argue jealousy if it is for your kabit - that is illegal in the first place!
304
Can passion or obfuscation be applied when you are doing it twice - one from lawful sentiments and the second, to go back and to still do revenge?
No. Passion or obfuscation must arise from lawful sentiments - not from lawlessness or revenge from anger and resentment.
305
Is there still passion or obfuscation when it has been several hours or days?
No, you must have been acting upon an impulse that is so powerful, at a time not far removed from the commission of the crime.
306
Can obfuscation arise from jealousy?
Yes, the feeling of resentment from rivalry is a powerful instigator of jealousy and prone to produce anger and obfuscation.
307
Can honest belief of the offender be sufficient to be the cause of passion or obfuscation? (eg. thought that
Yes. Mere belief is sufficient to confuse his reason.
308
Can passion or obfuscation coesxist with lack of intention to commit so grave a wrong?
Yes.
309
Can vindication co-exist with passion or obfuscation?
No, they are incompatible because vengeance cannot be present in passion or obfuscation.
310
What are the differences between PASSION/OBFUSCATION from PROVOCATION?
Provocation: comes from the injured party + has to be immediate
Passion/Obfuscation: comes from an impulse that may be caused by a provocation + doesn't have to be immediate, just has to last until crime is committed
311
Can passion or obsfuscation co-exist with treachery or evident premeditation?
No. Passion or obfuscation is the dimunition of control or reason, while treachery means that means are consciously adopted.
312
Can passion or obfuscation give rise to irresistible force?
No, because irresistible force needs physical force.
313
How is irresistible force different from passion or obfuscation?
Irresistible force comes from unlawful sentiments while passion or obfus needs to come from lawful sentiments.
314
Par 7.
No, they are incompatible because passion or obfuscation arises from impulse, while vindication stems from revenge, which cannot be present in passion or obfuscation.
315
what is the 7th MC?
1. voluntary surrender to a person in authority or his agents
2. voluntary confession of guilt before the court prior the presentation of evidence for the prosecution
316
what are the requisites for voluntary surrender?
NSVPSU - Never Say Vegetables Please Skip Us
1. offender has not actually been arrested
2. offender surrendered himself to a person in authority or the latter's agent
3. surrender was voluntary
4. no pending warrant or arrest or information filed
5. surrender is spontaneous (acknowledgement of guilt or to save the trouble and expenses for the search & seizure)
6. surrender is unconditional
317
if the offender after committing the offense and having the opportunity to escape, voluntarily waiter for the authorities and was arrested right away is it a MC
YES. for as long as there is an act amounting to a voluntary surrender to a person in authority before the arrest
318
is the surrender mitigiating as long as the warrant of arrest has not been served?
YES. also applies when the WA was not returned unserved bc the offender cannot be located. BUT BEWARE, it also depends on the actual facts surrounding the very act of surrendering
319
who is a person in authority?
public officer who has the power to govern and execute laws
320
who is an agent of a person in authority?
a person who by direct provision of the law/election/appointment by a competent authority, is charged with the maintenance of public order
321
can you surrender through an intermediary?
YES
322
what are the requisites for plea of guilty?
SOP - Someone Order Pizza
1. spontaneously confessed his guilt
2. confession was made in open court, that is before the competent court that is to try the case
3. made prior to the presentation of evidence for the prosecution (not necessary that all of the evidence was presented)
323
is a plea of guilty on appeal mitigating?
NO. the plea of guilt must be made at the 1st opportunity
324
what happens to a plea of guilt to an amended information?
as long as no new evidence was presented, the accused can plea guilty (it's like starting all over again #thestartofsomethingnew)
325
does the plea of guilt have to be for the offense charged?
YES
326
is plea of guilty mitigating in culpable folones and in crimes punished by special laws?
NO
327
what is the basis of voluntary surrender and plea of guilt?
lesser perversity of the offender
328
what is the 8th Mitigating Circumstance?
that the offender is deaf and dumb, blind or otherwise suffering from some physical defect which thus restricts his means of action, defense, or communication with his fellow beings
329
what is the basis of art 13 par 8?
no complete freedom of action therefore there is dimunition of voluntariness
330
is there a distinction between educated and uneducated deaf-mute/blind persons?
NO. they are on equal footing
331
what does physical defect mean?
armless, cripple, or stutterer wherevy his means to act, defend himself or communicate with his fellow beings are limited (as long as you can prove that there is no freedom of action)
332
when is the physical defect not mitigating?
when its not related to the offense committed
333
What is the 9th mitigating circumstance?
Such illness of the offender as would diminish the exercise of the willpower of the offender without however depriving him of consciousness of his acts.
334
What are the requisites for par 9?
1. The illness of the offender must diminish the exercise of his willpower.
335
Does this circumstance include the illness of the mind?
Yes. It is said that the legal provision refers only to diseases of pathological state that trouble the conscience or will. A diseased mind, not amounting to insanity, may give place to mitigation.
336
What is the basis of par 9?
There is a diminution of intelligence and intent.
337
What is the 10th mitigating circumstance?
Any other circumstance of a similar nature and analogous to those abovementioned.
338
What does this include?
It includes instances that are similar to those mentioned in paragraph 1 to 13. This means that paragraph 10 accounts for mismatched facts and circumstances but are similar in nature to that of the previous paragraphs.
339
What are examples for this parapraph?
Over 60 years old with failing eyesight is similar to over 70 years of age mentioned in par 2.
340
What is the definition of Article 14?
Aggravating circdumstances are those which, if attendant in the commission of the crime, serve to increase the penalty without, however, exceeding the maximum of the penalty provided by law for the offense.
341
What is the basis of Article 14?
Based on the greater perversity of the offender manifested in the commission of the felony as shown by (1) motivating power itself; (2) place of commission; (3) means and ways employed; (4) the time; (5) the personal circumstance of the offender or the offended party.
342
What are the types of aggravating circumstances?
1. Generic: Generally apply to all crimes. These are paragraphs 1, 2 ,3 (dwelling), 4, 5, 6, 9, 10, 14, 18, 19, 20, except by means of motor vehicles.
343
What is the difference between Qualifying and Generic?
G: Raises the penalty to the maximum period while Q: Places the person to the penalty he deserves as prescribed by law
344
What are the aggravating circumstances that do not have the effect of increasing the penalty?
A) Which in themselves constitute a crime specially punishable by law, B) Included in the law in defining a crime and prescribing the penatly therefor shall not be taken into account for the purpose of increasing the penalty. In short, you need to prove the aggravating circumstance to increase the penalty.
345
What are aggravating circumstances that are personal to the offenders?
A) Arise from the moral attributes of the offender, B) Arise from his private relations with the offended party; or C) Arise from any other personal cause, shall only serve to aggravate the liability of the principals, accomplices, and accesories as to whom such circumstances are attendant.
346
What is the first AC?
That advantage be taken by the offender of his public position.
347
What is the basis of the first AC?
greater perversity of the offender; personal circumstance of the offender and the means used to secure the commission of the crime.
348
When does the first AC apply?
It applies only when the person committing the crime is a public officer who takes advantage of his public position.
349
What is the meaning of "advantage be taken by the offender of his public position"?
the public officer must use the influence, prestige, or ascendancy which his office gives him.
350
When Congressman offered resistance to a peace officer, is it AC?
NO, there was no advantage of the influence or reputaiton of his office.
351
When councilor collects fines and misappropriates them, is it AC?
YES, if he were not a councilor he could not have induced the injured parties to pay the alleged fines.
352
Is wearing of uniform of person with authority material be an AC?
NO, it is immaterial in certain cases such as when the offended party was aware of his being a policemen.
353
Is failure in official duties tantamounting to abusing of office an AC?
YES, if its is proven that he has failed in his duties as such public officer.
354
If the public position is an "integral element of. or inherent in" the offence, is it AC?
NO, it can't be taken into consideration in offenses where taking advantage of official-position is made by law an integral element of crime such as malversation.
355
Is it an AC if accused could have perpetrated the crime without occupying police position?
NO, there is no abuse of public position, if the accused could have perpetrated the crime even without occupying his position. There must be sufficient evidence to establish that he misused his public position in the commission of the crime.
356
What is the second AC?
That the crime be committed in contempt of or with insult to the public authorities.
357
What is the basis of the second AC?
greater perversity of the offender; lack of respect for the public authorities
358
What are the requisites of the second AC?
1. That the public authority is engaged in the exercise of his functions.
2. That he who is thus engaged int he exercise of said functions is not the person against whom the crime is committed.
3. The offender knows him to be a public authority.
4. His presence has not prevented the offender from committing the criminal act.
359
What is the meaning of "public authority"?
a public officer who is directly vested with jurisdiction who has the power to govern and execute laws.
360
Who are public authorities?
councilor, mayor, governor, barangay captain, barangay chairman and etc.
361
When crime is committed in the presence of an agent, is it an AC?
NO, par. 2 does not apply when the crime was committed in the presence of the chief of police of a town because he is not a public authority but an agent of authorities.
362
What is an agent of a person in authority?
any person who, by direct provision of law or by election or by appointment by competent authority, is charged with the maintenance of public order and the protection and security if life and property.
363
Who are agents?
barrio councilman, barrio policeman, barangay leader, and any person who comes to the aid of persons in authority.
364
Should the crime be committed against the public authority?
NO, the offender commits direct assault, or another crime, when the crime is directly committed against a public authority.
365
Is the knowledge that a public authority essential?
YES, the lack of knowledge on the part of the offender that a public authority is present indicates lack of intention to insult the public authority.
366
Should the presence of public authority prevent the offender from committing the crime?
NO, the offense may be said to have been committed in contempt of a publice authority when his presence, made known, has not prevented the committing of the crime.
367
what is the 3rd AC?
RASD - Rose And Suga Dated
That the act be committed with insult or in disregard of the respect due to the offended party on account of his rank, age, or sex, or that it be committed in the dwelling of the offended party, if the latter has not given provocation.
368
If all four circumstances in Art 14 par 3 are present are they treated as one?
YES
369
what is the basis of Art 14 par 3
greater perversity of the offender
370
Art 14 par 3 is applicable to what kinds of crimes?
crimes against persons or honor
371
what is the meaning of "with insult or in disregard"?
that the accused deliverately intended to offend or insult the sex or age of the offended party
372
does insult or disregard apply to robbery with homicide?
NO. this AC does not apply to crimes against property
373
does insult of sex refer to males?
NO. women lang #feminism
374
when is insult or in disregard of respect not applicable?
1. offender acted with passion or obfuscation
2. existence of a relationship between the offended party and the offender
3. the condition of being a woman is indispensable in the commission of the crime (parricide, rape, abduction, rape, seduction)
375
what is a dwelling
a building or structure EXCLUSIVELY used for rest and comfort
376
if the owner of the dwelling have provocation is it still aggravating?
NO. the owner would lose their right to respect and consideration in their house
377
what is provocation in the context of the aggravating cirucmstance of dwelling?
1. given by the owner of the dwelling
2. sufficient
3. immediate to the commission of the crime
if any of these are not present, there is no provocation
378
if the offender did not enter the dwelling is it still an AC
YES. as long as the victim was attacked inside and there is a means to attack from outside
379
is it still aggravating if the killing took place outside the dwelling?
YES as long as the commission of the crime began at the dwelling
380
what does dwelling include?
1. dependencies
2. foot of the staircase
3. enclosure under the house
381
when is dwelling not aggravating?
1. when both offender and offended party are occupants of the same house
2. robbery is committed by the use of ofrce upon things
3. trespass to dwelling
4. owner gave provocation
5. dwelling did not belong tot he offended party
6. when another floor is not used for abode
7. treachery
382
is dwelling aggravating in robbery with violence against or intimidation of persons?
YES
383
does dwelling also mean temporary dwelling?
YES
384
in adultery, if the wife commits the act in the conjugal home is it aggravating?
YES. but if the paramour also lives there it isnt aggravating
385
Par 4
That the act be committed with abuse of confidence, or obvious ungratefulness
386
How many aggravating circumstances in this paragraph?
Two
387
What are the requisites of abuse of confidence?
1. That the offended party had trusted the offender
2. That the offender abused such trust by committing a crime against offended party
3. That the abuse of confidence facilitated the commission of the crime
388
When A was entrusted to B by A's parents, and B killed A even if A resisted unsuccessfully. Is B liable for abuse of confidence as an aggravating circumstance?
No because B betrayed the confidence given to him by A's parents when they entrusted A to B, but it was not A who trusted B, but only her parents.
389
When C, who is a nine month old baby, was entrusted to D to C's parents, and D killed C. Is C liable for abuse of confidence?
Yes because C is just a nine-month old baby who could not resist the commission of the crime. The confidence reposed by the parents of C facilitated the commission of the crime
390
How should ungratefulness be committed?
Present and clear
391
What is the 5th aggravating circumstance? Art. 14, par. 5
That the crime be committed in the palace of Chief Executive, in his presence, where public authorities are engaged in the discharge of their duties, place of religious worship
392
How is par. 5 (Chief executive, religious worship) different from contempt or insult to public authorities?
In the palace of the chief or the public office, the public authority must be IN THEIR OFFICE and shall not be the victim, while in in contempt or insult to public office, they must be OUTSIDE their office and may be the offended party.
393
Does the President need to be at Malacanang?
No, anywhere he is, the MC applies but other public authorities must be actuall engaged in their performance of duties.
394
Is an electoral precinct considered a place where authorities are engaged in their duties?
Yes.
395
Are cemeteries included in the 'place of religious worship'?
No
396
What is the 6th aggravating circumstance?
That the crime be committed (1) in nighttime, or (2) in an unihabited place, or (3) by a band, whenever such circumstance may facilitate the commission of the offense
397
What is the basis of par 6?
Based on the TIME and PLACE of the commission of the crime and means and ways employed.
398
Should they be considered separately or as one?
They can be both. They can only be considered separately when the elements are distinctively perceived and can subsist independently.
399
What are the elements?
1. When it faciliated the commission of the crime
400
When does nighttime need not to be specifically sought for?
1. When it facilitated the commission of the offense
401
What are the two tests of nocturnity?
1. Objective test: When it facilitates the commision of the offense
402
What does nighttime mean?
Period of darkness beginning at END OF DUSK and ENDING AT DAWN. Nighttime by and of itself is NOT an aggravating circumstance. It only becomes one when it's sought for or taken advantage of.
403
When is nighttime not aggravating?
1) When the commision of the crime started at daytime and ended at night. It should begin during night.
404
What does uninhabited place mean?
A place where the victim may have no chance of help at all. No opportunity to cry and call for help. (i.e. deserted area, the mountains, no signal, no closeby establishment or habited houses). Solitude must be sough to better attain the criminal purpose.
405
What does a band mean?
More than three malefactors who all acted together in the commission of the offense. (More than 3 + all armed + all cooperated in the crime)
406
What does not form a band?
1) When there are only 3 men who are armed.
407
When is a band aggravating?
In crimes against property or against persons.
408
What is the 7th aggravating circumstance?
That the crime be committed on the occassion of a conflagration, shipwreck, earthquake, epidemic, or other calamity of misfortune. (CS-EE-CM)
409
What is the reason for aggravation for par 7?
It's found in the debased form of criminality met in one who, in the midst of a great calamity, instead of lending aid to the afflicted, adds to their suffering by taking advantage to their misfortune to despoil them.
410
What does "or other calamity or misfortune" refer to?
It refers to other conditions of distress similar to those precedingly enumerated. Chaotic conditions resulting from an event can be considered a calamity.
411
What is the 8th aggravating circumstance?
That the crime be committed with the aid of (1) armed men, or (2) persons who insure or afford impunity.
412
What is the basis of par 8?
Based on the means and ways of committing the crime.
413
What are the requisites of this aggravating circumstance?
1. Armed men or persons took part in the commission of the crime, directly or indirectly.
414
When must armed men act?
They must act as accomplies only. They must NOT act in the commission of the crime under the same purpose as the principal accused.
415
What are the exceptions of par 8?
1) Shall not be considered when the attacking party and the party attacked were equally armed.
416
What is the difference of "with the aid of armed men (par 8) with by a band (par 6)?
By a band requires 3 armed malefactors that acted together. For aid of armed men is preseven even if one of the offenders relied on their aid.
