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Vena V. Verga
CRIMINAL LAW REVIEWER
I. History of the Revised Penal Law Codification Movement -- sought to have all laws codified or written in a single body of aw. Spanish Codigo Penal which, without expressly prohibiting certain acts, impose a penalty on their commission. Note: Non-payment of taxes is merely a civil liability/indemnity. The tax code as it exists today which carries punishments may be considered penal provisions. People vs. Moran Facts: The accused violated the election code and was sentenced by the lower court. He was asking for reconsideration and filed a special motion alleging that the crime complained of had prescribed under the provision of section 71 of Act 3030, enacted by the Legislature on March 9, 1922. Issue: W/N penal laws provide for not only penalty but also prescription. Decision: Yes. Decision: The court found the crime to have prescribed (in accordance with the new law) and set aside the decision. The Election law contained in the Administrative Code and Act 3030 which amended and modified the former, it is evident that the provision declaring that offenses resulting from the violations of said Act shall prescribe one year after their commission must have retroactive effect, the same being favorable to the accused. An exception- to give them retroactive effect when favorable to accused. The exception applies to a law dealing with prescription of crime: Art 22 applies to a law dealing with prescription of an offense which is intimately connected with that of the penalty, for the length of time for prescription depends upon the gravity of the offense. Penal laws not only provide for penalties but also prescriptions. III. Rationale of Penal Laws
The royal order dated December 17, 1886, directing the execution of the royal decree of September 4, 1884, wherein it was ordered that the Penal Code in force in the Peninsula, as amended in accordance with the recommendations of the code committee, be published and applied in the Philippine Islands, as well as the Provisional Law of Criminal Procedure which accompanied it. These two laws, having been published in the Official Gazette of Manila on March 13 and 14, 1887, became effective in July 14, 1876. (US. vs. Tamparong)
Codigo Penal ng Pilipinas – modified the Spanish Penal Code. US Period – they tried to translate the Penal code but certain areas were defectively translated Definition of Penal Law and Criminal Law
A. B. C. D. E. F.
Penal laws – laws which relates to penalties Criminal laws – laws which relates to crimes Felony -- A crime under the Revised Penal Code is referred to as a felony. Do not use this term in reference to a violation of special law. Offense -- A crimes punished under a special law is called as statutory offense. Misdemeanor --A minor infraction of the law, such as a violation of an ordinance, is referred to as a misdemeanor. Crime -- Whether the wrongdoing is punished under the Revised Penal Code or under a special law, the generic word crime can be used.
US vs. Sotto Facts: Vicente Sotto is the director, editor, publisher and printer of a weekly paper. On May 1915, he edited the paper with the intention of attacking them reputation of Lope K. Santos and two other principals of a labor group. He was found guilty of libel. Issue: W/N Sotto was guilty Decision: Yes. Penalties are used to deter people from doing the same crime. A deterrent effect upon others is one of the purposes of the infliction of a penalty for the violation of the criminal law (Exemplarity). People vs. Carillo and Raquenio
Lorenzo vs. Posadas Issue: W/N Art. 3606 of a tax law is a penal law thus can be applied retroactively in conformity with the provisions of Art. 22 of RPC. Decision: A statute is penal when it imposes punishment for an offense committed against the state. “Penal Statutes” are statutes, which command or prohibit certain acts and establish penalties for their violation, and even those,
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Criminal Law 1 Reviewer (Padilla cases and notes combined with Ortega Notes)
Facts: Carillo was sentenced with death penalty for the crimes of robbery, attempted rape and homicide. His accomplice was only charged for robbing Emma Abaya and Marcelino Lontok. Issue: W/N the penalty for Carillo was justified. Decision: The accused is a dangerous enemy of the society thus, imposition of the highest penalty if justified. Carillo has proved himself to be a dangerous enemy of society. The latter must protect itself from such enemy by taking his life in retribution for his offense and as an example and warning to others. In these days of rampant criminality it should have a salutary effect upon the criminally minded to know that the courts do not shirk their disagreeable duty to impose the death penalty in cases where the law so requires. People vs. Young Facts: Jimmy Young is a hired killer who committed a crime of murder under Art 248 of the RPC. He refused to plea guilty because according to him, his guilt is lighter than those who ordered the killing of Alfonso Liongto. He was sentenced with death penalty in accordance with Art 248 in relation to Art 64 of the RPC. However, RA 296, which was approved 17 June 1948, provides that for a penalty of death is imposed, all justices of the Supreme Court must first concur. Said law is procedural thus can be applied to cases pending at the time of its approval. Issue: W/N Young should be charged with the crime of murder. Decision: One of the justices dissented, thus death penalty was not imposed. The killing in question was attended by evident premeditation which qualified the crime as murder: (a) it was committed in consideration of a price reward or promise and (b) with treachery. This case also provides the notion of aggravating circumstances (acts that would provide for higher penalties – art 14) and mitigating circumstances (provides for lighter penalties – art 13). Death penalty was imposed to rationalize the concept of Exemplarity: making a person example to serve as a deterrent) People vs. Revilla Facts: The accused was charged for the crime of infidelity in the custody of the prisoners. Nicasio Junio, the prisoner, was only sentenced to suffer six days of arresto menor only, a penalty that may be served in the house of the offender because of the condition of his health. The municipality also could not feed him Nicasio for lack of appropriation, Revilla then believed that this act in permitting Nicasio to sleep in his own house was not grave in nature, being at most a mere relaxation of the rules prescribed for the care and custody of municipal prisoners. Revilla was charged under Art 223 for his actions.
Vena V. Verga
Issue: W/N the charge against Revilla is proportionate to the act he committed. Decision: No. His action then was due to a mistaken conception of his duty, hence it is obvious that the penalty imposed against him is notoriously excessive to the extent of being cruel for being out of proportion with the crime committed. The penalty was not proportionate to the evil to be curbed. Retribution, the penalty should be commensurate with the gravity of the offense. The penalty imposed upon the accused for infidelity in the custody of a prisoner sentenced to only six days of arresto menor being excessive, such fact should be brought to the attention of His Excellency, the President of the Philippines for him to decide whether or not it would be convenient to recommend to the national assembly the amendment of art 223 of RPC (conniving with or consenting to evasion) so as to make it more in consonance with the amplitude of the matters that a court must consider in meting out punishment to whoever may have the misfortune f infringing the precept regarding infidelity in the custody of prisoners or detained prisoners. People vs. Galano Facts: Galano was accused of falsification of one peso bill, which he used to purchase four eggs. He was found guilty and was sentenced to suffer intermediate penalty ranging from 10 years and 1 day to 12 years and 10 months. The Solicitor General believes that the punishment is too harsh. Issue: W/N the penalty if too harsh Decisions: The punishment is too harsh and it may not actually serve the purpose of the legislator. Imprisonment may change an individual but it can also expose the person to hardened criminal. Thus, punishments should be applied with care. A copy of the decision was sent to the president for the exercise of executive clemency. IV. Two theories in Criminal Law Classical Theory Basis of criminal liability is human free will and purpose of penalty is retribution “An eye for an eye, a tooth for a tooth.” – Oculo pro oculo, dente pro dente.] Man is a moral creature with absolute free will to choose between good and evil, thereby placing more stress upon the effect or result of felonious act than upon the man. Endeavored to establish a mechanical and direct proportion between crime and penalty
1. 2. 3. 4.
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Criminal Law 1 Reviewer (Padilla cases and notes combined with Ortega Notes)
5. The purpose of penalty is retribution. The offender is made to suffer for the wrong he has done. There is scant regard to the human element.
Vena V. Verga
provisions of a municipal ordinance. The petitioner was criminally convicted by the trial court for not paying the surcharge. Issue: W/N the petitioner can be prosecuted criminally of her non-payment of the rental. Decision: No. The surcharge for non-payment if not a penalty under criminal law but only an amount added to the usual charge. It is more of an administrative penalty, which can be recovered only by civil action. VI. Common Law Crimes definition: body of principles, usages and rules of action which do not rest for their authority upon any express or positive declaration of the will of the legislature common law crimes are not recognized in the country the codification movement provided for all crimes to be codified, thus, a crime not punishable by law is not a crime at all. Power to define and punish crimes
Positivist theory 1. Man is occasionally subdued by a strange and morbid phenomenal which pushes him to do wrong in spite or contrary to his volition 2. Crime is a social and natural phenomenon, it cannot be created and checked by application of abstract principle of law and jurisprudence nor by imposition of penalties, fixed and determined a priori. 3. Rehabilitation by means of individual measures on case to case basis. Advocates personal and individual investigation, conducted by competent body of psychiatrist and social scientist.
A. B. C.
Crimes Definition 1. Felony 2. Offense 3. Infraction of Ordinance (a) When penalty imposed is not an exercise of sovereign power to define crimes and provide punishment.
People vs. Santiago Facts: Defendant was found guilty of killing a seven-year-old boy. He is now appealing the decision stating that Act 2886 of the Philippine Legislature, which provides that “all prosecution for offenses shall be in the name of the People of the Philippines” is unconstitutional for amending General Order No. 58 which has a character of a constitutional law. Issue: W/N Act 2886 is unconstitutional. Decision: The procedure in criminal matters is not incorporated in the constitution but is left in the hands of the legislature so that it falls within the real of public statutory law. The state has the authority, under its police power, to define 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 discretion in creating and defining criminal offenses. People vs. Taylor Facts: The defendant, being the acting editor and proprietor, manager, printer and publisher of Manila Bulletin was accused of committing libel against a member of the Philippine bar. Issue: W/N the defendant is guilty of libel.
De Guzman vs. Subido Facts: de Guzman who is a civil service eligible for passing the civil service exam was disqualified from any appointment for having violated the Jaywalking laws and ordinance concerning cocheros, which according to the lower court constitutes a crime. Issue: W/N said acts constitute a crime Decision: No. A penalty imposed for breach of a municipal regulation does not necessarily constitute a criminal offense. A violation of a municipal ordinance to qualify as a crime must involve a least a certain degree of evil doing, immoral conduct, corruption, malice or want of principles reasonably related to the requirements of the public office. A crime is an act committed or omitted in violation of public laws. Ordinances are not public laws. Criminal acts, in its commission, have some immoral intention. Conde vs. Mamenta Facts: Petitioner refused to pay the new rates of the stall she was holding stating that the increased rate was excessive. The increase is based on the
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Criminal Law 1 Reviewer (Padilla cases and notes combined with Ortega Notes)
Decision: In the Philippines, there exist no crimes called “common law crimes” No act constitutes a crime here unless it is made so by law. Libel is made a crime here by Act 277 of the US Philippine Commission. However, in order to prove that the defendant is Guilty of the crime, it must be proven that he is the ‘auditor, editor, or proprietor’ of the said newspaper. There was no proof of this because evidence shows that he is merely the manager. Petition was dismissed. People vs. Pomar Facts: The manager of La Flor granted a maternity leave to Macaria but refused to pay Php 80.00 to which the employee is entitled as her regular wage as stated in Sec. 13 of Act 3071. Issue: W/N Act 3071 us unlawful exercise of police power. Decision: The police power is the power vested in the legislature of the state to make, ordain, and establish all manner of wholesome and reasonable laws, statutes, and ordinances, either with penalties or without, which are not repugnant to the constitution as they shall judge to be for the good and welfare of the commonwealth, and of the subjects of the state US vs. Pablo Facts: Andres Pablo, a policeman, reported that he saw Rodrigo and Malicsi in the jueteng arena and then testified on the contrary during the trial. He was charged with perjury and convicted under Act. 1697 which was said to have repealed articles 318 and 324 of the penal code. Issue: Can the defendant be punished? Decision: The right of prosecution and punishment for a crime is one of the attributes that by a natural law belongs to the sovereign power instinctively charged by the common will of the members of society to look after, guard and defend the interests of the community as well as rights of each individual. Imposing punishments should be the last resort: our laws do not merely provide for retribution but it also provides for laws that are in favor of the offender. US vs. Gustillo Facts: Gustillo was already convicted of a crime for illegal possession of firearms. However, another information was filed against him for the same crime but for a different ammunition which he already possessed at the same time and same place the first information was filed against him. Issue: W/N Gustillo may be prosecuted for the second time for the same violation.
Vena V. Verga
Decision: The prosecution violated the Philippines Bill and Act No. 89 which embody the principle that no person shall be twice put in jeopardy for the same offense because this rule covers as nearly as possible every single criminal act born of a single criminal intent even though more than one crime is committed by said act. People vs. Chong Hong Facts: The defendants were convicted for violation of Ordinance No. 394, which prohibits the playing of jueteng. The court ordered for the dismissal of the case on the ground that said ordinance is null and void for it conflicts with Art 195 of the RPC, which provides for lesser penalties than the ordinance. Issue W/N Ordinance 394 conflicts with the law. Decision: It is admitted that jueteng is already prohibited and penalized in article 195 of the Revised Penal Code. But the fact that an act is already prohibited and penalized by a general law does not preclude the enactment of a municipal ordinance covering the same matter. The rule is well settled that the same act may constitute an offense against both the state and a political subdivision thereof and both jurisdictions may punish the act, without. infringing any constitutional principle. As a general rule, additional regulation to that of the state law does not constitute a conflict therewith. The fact that an ordinance enlarges upon the provisions of a statute by requiring more than the statute requires creates no conflict therewith, unless the statute limits the requirement for all cases to its own prescription. Both the ordinance and RPC prohibit and penalize the same act and the distinction in penalties is necessary because of the peculiar conditions of the locality. Ngo Yao Tit and Chia Eng Cheng vs. Sheriff of Manila Facts: Before the court is an application for the writ of habeas corpus. Petitioners were charged of visiting a house where opium was smoked. They now claimed that the court erred in their decision because it does not have jurisdiction over the case. Issue: W/N the court has jurisdiction to try the case. Decision: It is not a jurisdictional defect and one which deprives the trial court of its authority to try, convict, and pass sentence, that a criminal action is brought in the name of the city of Manila instead of the United States. That fact constitutes a mere defect or error curable at any stage of the action does not deprive the court of the power to pronounce a valid judgment and impose a valid sentence. Offenses committed in the Philippines are crimes against the people of the Philippines.
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1. (a) (b)
Vena V. Verga
Persons subject to Military Law (Art. 2 of the Commonwealth Act No. 408, articles of war) are not immune from suit but are covered by the articles of war. Officers, members of nurse corps and soldiers belonging to the regular forces of the Philippine Army All reservist from the date of theor call to active duty and while on such active duty All trainees undergoing military duty All persons lawfully called/drafted Cades. Flying cadets and probationary third lieutenants Retainers to the camp All persons under sentence adjudged by courts martial As provided in the treaties and laws of preferential application. Example: Bases agreements between US and Philippines and RP-US Visiting Forces Accord. RA No. 75 – law of preferential application in favor of diplomatic representatives. It extends the diplomatic privilege to the members of the household and domestic servants that were registered with the DFA The constitution is a law of preferential operation By virtue of principles of Pubic international law – these people possess immunity from the criminal jurisdiction of the country of their sojourn and cannot be sued, arrested or punished by the law of that country: Absolute Exemptions (a) Sovereigns and other chiefs of state (b) Ambassadors, ministers plenipotentiary, ministers resident, and charges d’affaires, ambassadors extraordinary (Vienna Convention on Diplomatic Relations and Protocol) Relative Exemptions (c) consuls and vice consuls: honorary consuls not exempted.
Characteristics of criminal law
GENERAL -- criminal law is binding on all persons who live or sojourn in Philippine territory (art 14, New Civil Code).
People vs. Galacgac Facts: Enrique Galacgac was a naturalized US citizen. He arrived in the Philippines to visit his wife and in his possession is a gun, which is gift to the said spouse. Upon reaching his in-law’s home, he and his wife had a fight, which caused his brother in law to beat him on the head. In retaliation, he fired indiscriminately wounding his wife’s brothers and sisters. He was accused of attempted parricide but retorted that the Philippines has no jurisdiction over him since he is an American Citizen. Issue: W/N Galagcac enjoys extra-territoriality rights Decision: No. No foreigner enjoys in this country extra-territorial right to be exempted from its laws and jurisdiction, with exception of heads of states and diplomatic representatives who, by virtue of customary law of nations, are not subject to the Philippine territorial jurisdiction. Note: As a general rule, the jurisdiction of the civil courts is not affected by the military character of the accused US vs. Sweet Facts: Sweet was an employee of the US Army in the Philippines. He assaulted a prisoner of war for which he was charged with the crime of physical injuries. Sweet interposed the defense that the fact that he was an employee of the US military authorities deprived the court if the jurisdiction to try and punish him. Issue: W/N Philippine courts have jurisdiction to try Sweet Decision: An assault committed by a military employee upon a prisoner of war is a violation of the general penal law, and as such it imposes criminal responsibility. Jurisdiction of the civil tribunals is unaffected by the military or other special character of the person brought before them for trial, unless controlled by express legislation to the contrary. Exemptions to the Principle of Generality 3. 2.
(c) (d) (e) (f) (g)
Note: a) b) Public International Law and treaties are deemed part of the law of the land. For a person to be immune, he/she must be able to invoke a provision of public international law/treaty; law of preferential application or customary international law.
Schneckenburger vs. Moran Facts: Petitioners is a honorary consul of Uruguay in manila charged with falsification of private documents. He objected on the jurisdiction of the Courts
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of First Instance on the ground that under the Philippine an US constitution, lower courts have no jurisdiction to try him Issue: W/N the lower courts have jurisdiction to try the consul. Decision: It is well settled that a consul is not entitled to the privileges and immunities of an ambassador or minister, but is subject to the laws and regulations of the country to which he is accredited. A consul is not exempt from criminal prosecution for violations of the laws of the country where he resides. Courts of First Instance were vested with original jurisdiction over all criminal cases in which a penalty of more than six months' imprisonment or a fine exceeding one hundred dollars might be imposed. Such jurisdiction included the trial of criminal actions brought against consuls. Time Inc. vs. Reyes Facts: Enrile and Villegas filed a suit against Time Inc for an article regarding corruption in Asia where the two were featured. RA 4363 provides that public officials should file their petitions in the place where they are rendering their service. Villegas filed his petition in Rizal and not in Manila. Issue: W/N the case will prosper and W/N corporations may be sued Decision: The rule is that where a statute creates a right and provides a remedy for its enforcement, the remedy is exclusive; and where it confers jurisdiction upon a particular court, that jurisdiction is likewise exclusive, unless otherwise provided. Hence, the venue provisions of Republic Act No. 4363 should be deemed mandatory for the party bringing the action, unless the question of venue should be waived by the defendant which was not the case here. A corporation is immune from suit but it may, by writ of prohibition, seek relief against the wrongful assumption of jurisdiction. And a foreign corporation seeking a writ of prohibition against further maintenance of a suit, on the ground of want of jurisdiction, is not bound by the ruling of the court in which the suit was brought. WHO vs. Aquino Facts: Respondent judge issued a search warrant for the search and seizure of the personal effects of the petitioner, an official of the WHO. Despite intervention of the Solicitor General and the DFA that Mr. Verstuyft is covered with diplomatic immunity, the judge refused to withdraw the search warrant. Issue: W/N the action of the judge is a violation of RA 75 and thus an abuse of discretion. Decision: Yes. It is a recognized principle of international law and under our system of separation of powers that diplomatic immunity is essentially a political question and courts should refuse to look beyond a determination by 1. 2. 3. 4.
Vena V. Verga
the executive branch of the government, and where the plea of diplomatic immunity is recognized and affirmed by the executive branch of government as, in the case at bar, it is then the duty of the courts to accept the claim of immunity upon appropriate suggestion by the principal law officer of the government, the Solicitor General in this case, or other officer acting under his direction. Hence, in adherence to the settled principle that courts may not so exercise their jurisdiction by seizure and detention of property, as to embarrass the executive arm of the government in conducting foreign relations, it is accepted doctrine that "in such cases the judicial department of (this) government follows the action of the political branch and will not embarrass the latter by assuming an antagonistic jurisdiction."
PRINCIPLE OF TERRITORIALITY -- As a rule. Penal laws of the Philippines are enforceable only within its territory. If the power to define crimes is the power of the sovereign, it must be followed that such sovereign can only exercise such power within its jurisdiction/territory. Territory Atmosphere Interior Waters Maritime zone
Note: Limits of the territorial sea (by UNCLOS) is only 3 miles from the seashore. What is followed now is the 12-mile rule plus the 12-mile contiguous zone. But for purposes of criminal law, our jurisdiction only extends to the territorial sea. Classification of Vessels: 1. Foreign public vessels – war vessels/war ships (ex. Lawton Ship in US vs. Fowler). War vessels are considered to be an extension of the nationality of the owner of said vessel and cannot be subjected to the laws of the state (a) US vs. Fowler Facts: Theft was committed on board a transport while navigating the high seas. The accused were brought to trial and defendants contends that the Court of First Instance have no jurisdiction over the case because the crime was committed in a foreign public vessel and on high seas. Issue: W/N the court has jurisdiction to try the case. Decision: No. Courts of First Instance of the Philippines have no jurisdiction to take cognizance of crimes committed on the high seas on board of a transport or other vessel not registered or licensed in the Philippines. Warships are Foreign Public Vessels
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which came from Hong Kong and was bound to Mexico via the ports of Manila. Bull Facts: H. Bull contends that the Philippine courts have no jurisdiction over his offense. It is not necessary that the opium be discharged or taken from the ship (US vs. otherwise. does not bring about in this country those disastrous effects that our law contemplates on avoiding. The defense moved for the dismissal of the case on the ground that the courts have no jurisdiction since the act does not constitute a crime. Foreign Merchant Vessels not in transit Note: The state is not obligated to give immunity on crimes done in foreign public vessels. 275 of the Philippine Commission. not the citizenship of its owner. Jose). French Rule – such crimes are not triable in the courts of that country. carabao and other animals from Formosa to Manila. Verga US vs. Defendant brought eight cans of opium and upon inspection. Decision: When a foreign merchant vessel is not in transit because the Philippines is its terminal port. Decision: When a vessel comes within 3 miles from the headland which embrace the entrance of Manila Bay. without being used in our territory. Exemptions to the territorial application of criminal law Article 2 of RPC provides that its provisions shall be forced outside of the jurisdiction of the Philippines against those who: 1) Should commit an offense while on a Philippine ship or airship. Foreign merchant vessels – more or less subjected to the territorial laws. But our courts acquire jurisdiction when the tunes of opium are landed from the vessel on Philippine sol. Issue: W/N the crime of illegal importation of opium in to the Philippines was proven. which makes it a Philippine ship or airship.Criminal Law 1 Reviewer (Padilla cases and notes combined with Ortega Notes) always reputed to be the territory of the country to which they belong an cannot be subjected to the laws of another state. failed to provide suitable means for securing animas while they are in transit. unless their commission affects the peace and security of the territory or the safety of the state is endangered. It is the registration of the vessel or aircraft in accordance with the laws of the Philippines. the vessel is within the territorial waters and thus. Bull) 5. The mere possession of opium on such a ship. Such neglect was a violation of Act. the person in possession of opium on board the vessel is liable. Issue: W/N the Philippines has jurisdiction over this case. French courts therefore claim exclusive jurisdiction over crimes committed on board French merchant vessels in foreign ports by one member of the crew against another. Decision: Mere possession of opium aboard a foreign merchant vessel in transit is not triable in the Philippines. such crimes are triable in that country where they were committed. Rules as to jurisdiction over crimes committed aboard foreign merchant vessels while in the territorial waters of another country 1. Bull) English Rule –The English only exercise their jurisdiction on issues that involve the internal management of vessel. which was of English nationality. because he may be held guilty of illegal importation of opium. 2. the laws of the Philippines shall apply. we observe the English rule (a) US vs. A continuing crime committed on board a Norwegian merchant vessel sailing to the Philippines is within the jurisdiction of the courts of the Philippine when the forbidden conditions existed during the time the ship was within the territorial waters. A US Army transport is considered a warship. Landing or using opium is an open violation of the Philippine laws. (US vs. authorities found said substances. /vvverga Page 7 of 100 . who was the master of a vessel transporting cattle. (b) Foreign Merchant Vessel In Transit Foreign Merchant Vessels Note: A Philippine vessel or aircraft must be understood as that which is registered in the Philippine Bureau of Customs. because that fact alone does not constitute a breach of public order. (US vs. a foreign steamer. Issue: W/N the courts have jurisdiction over a foreign vessel in transit. Vena V. No.N Bull. (c) US vs. regardless of the fact that the same conditions existed when the ship sailed from the foreign port and while it was on the high seas. which docked at the port of Cebu. He was on board the steamship Errol. Importation is complete when the ship anchored in the Philippine port. A charge of illegal importation was served against him. Look Chaw Facts: The defendant was charged with unlawful possession and sale of opium. Note: In the Philippines. Ah Sing Facts: Defendant is a fireman of the steamship Shun Chang. This is just a matter of comity.
There is no crime when there is no law punishing the same. in the exercise of public functions are: a) b) c) d) e) f) g) h) i) 5) direct bribery indirect bribery frauds against the public treasury possession of prohibited interest malversation of public funds or property failure of accountable officer to render accounts illegal use of public funds or property failure to make delivery of public funds or property falsification by a public officer or employee committed with abuse of his official position. When the offender should commit any of the crimes against the national security and law of nations. (2) aggravates a crime. Ex post facto laws Rule: No ex post facto laws shall be enacted. espionage. At 366 of RPC provide that crimes are punished under the laws in force at the time of their commission. Issue: W/N the provisions of the penal code dealing with the crime of piracy are still in force. and punishes such in act. By virtue of the Treaty of Paris. Verga 2) When the offender should forge or counterfeit any coin or currency note of the Philippines or obligations and securities by the Government. 1732 did not go into force until after the commission of the offense. People vs. 3) When the offender should be liable for acts connected with the introduction to the Philippines of the obligations and securities mentioned in the preceding number. It is but a logical construction that wherever "Spain" is mentioned in the Penal Code. violation of neutrality. flight to enemy’s country. No. LOL-LO and SARAW Facts: The defendants were charged of the crime of piracy for pirating two Dutch boats as well as raping two of the women. Macasaet Facts: The defendant was proven guilty of selling native wine at retail without the license required by law. or makes it greater than it was. should commit an offense in the exercise of his functions. 1732 which imposed both the fine and the imprisonment should be applied on this case. Note: crimes that may be committed. subsidiary imprisonment can not be lawfully imposed. "citizens of the United States and citizens of the Philippine Islands.Criminal Law 1 Reviewer (Padilla cases and notes combined with Ortega Notes) Vena V. but not to common law countries. Issue: W/N Act. the word should be substituted by the expression." Piracy is a crime not against any particular State but against all mankind. /vvverga Page 8 of 100 . which took effect two months after the trial. An ex post facto law is one which: (1) makes criminal in act done before the passage of the law and which was innocent when done. to the economical interest of the country. it should be substituted by the words "United States" and wherever "Spaniards" are mentioned. inciting was and giving motives for reprisals. PRINCIPLE OF IRRESTROSPECTIVITY OR PROSPECTIVITY – penal law cannot make an act punishable in a manner in which it was not punishable when it was not committed. Inasmuch as Act No. correspondence with hostile country. C. Decision: Yes. The judge imposed a sentence with heavier penalty in accordance with a new law. Nullum crimen. unless they are favorable to the person accused. or other offense. 4) When the offender. even in abroad. It is logical for laws to look forward and not backward. Penal statutes cannot be made retroactive with respect to a crime. while being a public officer or employee. Note: Introducing fake currency in the Philippine is as dangerous as forging or counterfeiting of the same. The jurisdiction of piracy unlike all other crimes has no territorial limits. Defendants contend that the provisions of the penal code dealing with piracy are no longer in force. He was sentenced to pay a fine and was also sentenced to imprisonment in case of insolvency with respect to the fine imposed. conspiracy and proposal to commit treason. Spain ceded the Philippine Islands to the US. This is true to civil law countries. US vs. Note: This case is an exception to the exception. treason. nulla poena sine lege -. piracy and mutiny on the high seas. It may be punished in the competent tribunal of any country where the offender may be found or into which lie may be carried. Note: Counterfeiting or forging Philippine coins or bank notes in a foreign country may be prosecuted before Philippine civil courts. when committed. Decision: No. Note: This include.
Although section 18 penalizes a violation of any of the provision of RA 1632. Section 4 of the Anti-Subversion Act expressly states that the prohibition therein applies only to acts committed "After the approval of this Act. to indemnify the offended party. 1700 or the Anti Subversion Act on the ground that is a bill of attainder. He is petitioning for habeas corpus. Facts: The petitioners are assailing the constitutionality of Sec. 39. as amended is favorable to the accused. even if the same was not stated in the decision of CA.000 pesos with subsidiary imprisonment in case of insolvency. Macasaet Escalante vs. Appealed to the Court of Appeals. This was denied. Issue: W/N the said law is an ex post facto law and thus unconstitutional. as long as he is not a habitual delinquent. Its essence is the substitution of a legislative for a judicial determination of guilt. Accused-appellant is favored by the retroactive force of Art. not to laws. Inc. The said law prohibits the petitioner’s nominee to be nominated in the constitutional convention since he represents a part. 8 (a) and 18 of RA No. in case of insolvency to pay his civil liability. Appellant said that he could not be required to serve the amount of fine and indemnity in the form of subsidiary imprisonment because said judgment did not expressly provide that. and authorizes conviction upon less or different testimony than the law required at the time of the commission of the offense. 39 of the RPC. 1957. interest of accused in the twostorey building. such as the protection of a former conviction or acquittal. which concern civil matters. are punished. in effect imposes penalty or deprivation of a right for something which when done was lawful. Decision: No. Considering that Art. Mayor Arsenio Lacson in the sum of 10. Even if the accused is serving final judgment. Subido Facts: CFI of Manila found the accused guilty of libel and is hereby sentenced to 3 months of arresto mayor with accessory penalties of the law. Santos Facts: Petitioner was convicted for the crime of estafa and was sentenced to serve for 2 years and 11 months imprisonment to indemnify the offended party. which inflicts punishment without trial. Sheriff then attached whatever rights.Criminal Law 1 Reviewer (Padilla cases and notes combined with Ortega Notes) (3) changes the punishment and inflicts a greater punishment than the law annexed to the crime when committed. Bill of Attainder as Ex Post Facto Law People vs. Issue: W/N the petition is justified. The prohibition against ex post facto laws applies only to criminal or penal matters.000 pesos only. having already served for more than three years is entitled to be discharged under the provisions of Art. The petitioner. Decision: No. (5) assuming to regulate civil rights and remedies only. Decision: Yes. lighter penalty. Applying Art. the penalty is imposed only for acts committed after the approval of the law and not those perpetuated prior thereto. In re: Kay Villegas Kami. 39 as amended. and so he filed a third party claim enjoining the sheriff to proceed with the sale. become or remain members of the Communist Party of the Philippines and/or its successors or of any subversive association" after June 20. Lower court states that he should suffer subsidiary imprisonment. 22 of the RPC. Ferrer Facts: The defendants assail the constitutionality of RA No. Issue: W/N the law is unconstitutional Decision: A bill of attainder is a legislative act. After 3 years. Lower court issued a writ of injunction. and (6) deprives a person accused of a crime of some lawful protection to which he has become entitled. the same should be made applicable to him. The principle of the retroactivity of penal laws in so far as it is favorable to the defendant is sanctioned by the Revised Penal Code. Verga People vs. 22 of the penal code. willfully and by overt acts affiliate themselves with. but the same was registered in the name of Agapito Subido. Exceptions to the prospective application of criminal laws (When penal law apply retroactively) 1.A. 5465 which exempts an accused person from subsidiary imprisonment in case of insolvency to pay his civil liability. he can avail of the amended. Issue: W/N Subido be required to suffer subsidiary imprisonment. or a proclamation of amnesty. as amended by R. (4) alters the legal rules of evidence. The CA ordered the accused to pay a fine of 500 pesos and indemnity is reduced to 5. he cannot also be required to serve his civil liability to the offended party in form of subsidiary imprisonment because this is no longer required by the aforesaid article. /vvverga Page 9 of 100 . (a) Degree of Imposable Penalty is reduced People vs. he has not yet been released. It is so provided in Art." Only those who "knowingly. When favorable to the accused Vena V. to pay a fine of 500 pesos. 6132 saying that it is an ex post facto law.
F. 21) PERSONAL – Penal laws does not allow anyone to assume another’s criminal liability PRINCIPLE OF CERTAINTY – every act made punishable by law must be so defined as to leave no penumbra of doubt or uncertainty as to its applicability to a given case." The general rule that penal laws shall be retroactive in so far as they favor the accused has no application where the later law is expressly made inapplicable to pending actions or existing causes of action. Clemente Laceste. People vs. Laceste vs. This is true to civil law countries. he had been prosecuted. nulla poena sine lege -. But the petitioner herein continued serving his sentence. and article 448 of the Penal Code then in force.There is no crime when there is no law punishing the same. article 344. applies to the case of the herein petitioner. Other fundamental Assumptions of Penal Law Free-will or freedom to choose between right and wrong. Moran Exceptions to retroactivity of laws (a) Accused is a habitual criminal (Art. With Nicolas Lachica. as it was in the Code that preceded it. instead of "without prejudice. all crimes must be so defined and penalized under the law (art. and that he should be discharged from prison. shall be punished in accordance with the Code or Acts in force at the time of their commission. 3815. IX. A. Act No. has been sanctioned in the Revised Penal Code. last paragraph. B. Decision: No. which provided that such a marriage extinguished penal liability. and sentenced to commitment for the crime of rape. XI. All penal laws have been declared retroactive by the Honorable Supreme Court. which was not affected by the marriage of his coaccused and the offended party. Issue: W/N the new law can apply to the accused. 22) (b) Accused Disregards Later law and invokes prior statute under which he was prosecuted. That nothing herein contained shall operate as a repeal of existing laws in so far as they are applicable to pending actions or existing causes of action. And the Legislature. pleading that there is no sufficient legal ground for continuing his imprisonment any longer. Act No. B. Santos Facts: The petitioner. Principle of Pro Reo -." If it was not the intention of the Legislature to make the new Code retroactive. Section 13 of the new act provides as follows: "All laws and parts of laws now in force. A. (c) Providing for Prescription of offenses D.Whenever a penal law is to be construed or applied and the law admits of two interpretations – one lenient to the /vvverga Page 10 of 100 . PRINCIPLE OF LEGALITY: Nullum crimen. committed prior to the date of effectiveness of this Code. Verga Facts: The accused was charged with offense of injurias graves under articles of the RPC." The principle of retroactivity of penal laws in so far as they favor the defendant. Valdez A. are hereby repealed: Provided. prays the court to set him at liberty through the writ of habeas corpus. and hence. Magdalena de Ocampo. felonies and misdemeanors.Criminal Law 1 Reviewer (Padilla cases and notes combined with Ortega Notes) Note: Removal of subsidiary imprisonment to pay civil liability (b) Prescribing Grounds for Mitigation or Extinction of Criminal Liability Vena V. Basic Maxims in Criminal Law E. because section 366 provides: "Without prejudice to the provisions contained in article 22 of this Code. but as to such causes of action or pending actions existing laws shall remain in full force and effect. (c) Later Statute Precludes Application to Existing Actions or Pending Cases Tavera vs. and was accordingly relieved from the criminal prosecution by virtue of section 2. no liability if felonious act is committed without free will Ignorance of the law excuses no one from compliance therewith Limitations on the power of the lawmaking body to enact penal legislation No ex post facto law or bill of attainder shall be enacted No person shall be held to answer for criminal offenses without due process of law – criminal laws must be of general application and must clearly define the acts and omissions punished as crimes. but not to common law countries. Nicola Lachica married the victim. Issue: W/N Laceste should be freed. so far as the same may be in conflict herewith. under section 366 of the New Penal Code. Decision: It is believed that the Revised Penal Code. X. it would have used the words "notwithstanding" or "in spite of". has clearly intended to give retroactive effect to article 22. the penalty. found guilty. 1773.
The purpose is not to enable the guilty person to escape punishment through technicality but to provide precise definition of forbidden acts. Abad Santos). This kind of construction is very much open to police extortion thus must be avoided. This rule may be invoked only where the law is ambiguous and there is doubt as to its interpretation.Criminal Law 1 Reviewer (Padilla cases and notes combined with Ortega Notes) offender and one strict to the offender – that interpretation which is lenient or favorable to the offender will be adopted.The act cannot be criminal where the mind is not criminal.a certainty that convinces and satisfies the reason and the conscience of those who are to act upon it. Purisima Facts: Twenty six petitions for review were filed by the People of the Philippines involving the information filed charging the respective accused with violation of PD No. the accused should be acquitted since evidence failed to fulfill the test of moral certainty to support a conviction. Decision: No. Decision: No. 9. Gatchalian). People vs. nisi mens sit rea -. Penal laws should be construed strictly. During arraignment. and the discretion of the court limited. There were also testimonies which were inconsistent to the guilt of the accused. RTC convicted the defendant but he appealed contending that evidences were not enough to warrant a conviction. Ng Facts: The defendant was charged with the crime of forcible abduction with rape. Where inculpatory facts are susceptible of two interpretations. one consistent and another inconsistent with the guilt of the accused. Actus non facit reum. which leads to acquittal. There were two witnesses with contradicting testimonies. The courts of first instances issued an order quashing the in formations filed alleging that the facts failed to state one essential element of the crime Issue: W/N the informations filed by the people were sufficient in form and substance to constitute an offence of ‘illegal possession of deadly weapon’ penalized under PD No. No person should be brought within their terms who is not clearly within them nor should any act be pronounced criminal which is not made clearly so be a statute. The court agrees with the accused that where facts are susceptible of two interpretations. 9. See: Principle of Pro-reo B. Verga XII. The accused maintained his innocence saying that tit was the victim who accidentally shot himself while they were battling for the gun. Issue: W/N the evidences were enough to warrant a charge of guilty beyond reasonable doubt. The requirement of proof beyond reasonable doubt calls for moral certainty of guilt -. A. Vena V. which is the intention or motivation behind it. the object is to establish a certain rule by conformity to which mankind would be safe. The case at bar falls short to the quantum of evidence required to sustain a conviction of rape thereby creating reasonable doubt as to appellant's guilt. Penal statues must be construed strictly against the state and liberally in favor of the accused. or those that result from negligence. blunt or pointed weapon – but it failed to include the second element. The reason for this is the “tenderness of the law of the rights of individuals. Where the law is clear and unambiguous. This maxim is not an absolute one because it is not applied to culpable felonies. but not a felony resulting from culpa. The informations merely contained the first element – that is. there is no room for the application of this rule (People vs. Construction of penal laws Liberal Construction In Favor of the Offender (a) Reason Note: Ambiguity – occurs when an act falls under more than one law or when the law is susceptible to more than one interpretation People vs. The rule is that reasonable doubt in criminal cases must be resolved in favor of the accused. People vs. then we have to sustain the interpretation. B. accused pleaded not guilty. Charge of rape based upon the sole testimony of the one who complains of rape should be regarded with utmost caution and that the person charged with the offense should not be convicted unless the complainant's testimony is impeccable and rings true throughout. Penal laws are strictly construed against the Government and liberally in favor of the accused (US vs. Decision: No. Alzaga Facts: Roy Alzaga was found guilty by the RTC for the crime of murder. /vvverga Page 11 of 100 . This is true to a felony characterized by dolo. Issue: W/N the Alzaga should be charged beyond reasonable doubt. Proof of guilt must convince beyond reasonable doubt. carrying outside one’s residence of any bladed.
policy and purpose. the prohibitions of Act 1147 does not apply. Vena V. Decision: There is no ambiguity. and other purposes. not authorized by all the parties to any private communication to secretly record such communication by means of any gadget. Toribio Facts: Defendant was charged for violation of Art. The phrase is ambiguous and the principle that "penal statutes must be construed strictly in favor of the accused. entitled An Act to prohibit and penalize wire-tapping and other related violations of private communication. which regulates the registration. When the language if a statute is susceptible of more than one construction. Garcia for allegedly vexing and humiliating her. Decision: Yes. which will harmonize the intention and object. There are two constructions of these prohibitions: (c) The phrase ‘at the municipal slaughter house’ may be taken as limiting and restricting both the word ‘slaughtered’ and “killed for food” in section 30 and “killing for food” in section 33. The case of Ramirez turns on a different note. The phrase “ at the municipal slaughterhouse” may bet taken as limiting and restricting the words “killed for food” (b) Ramirez vs. US vs. 4200 suffer from no ambiguity." Must be followed.Criminal Law 1 Reviewer (Padilla cases and notes combined with Ortega Notes) (a) When the law is clear. which she and the respondent had. that construction should be adopted which will most tend to give effect to the manifest intent of the legislature. /vvverga Page 12 of 100 . Issue: W/N there is ambiguity in the phrase "device(s) or arrangement(s)" Decision: The use of a telephone extension for the purpose of overhearing a private conversation without authorization did not violate R. In support of her allegations. CA) Facts: This case involves an act of overhearing a conversation by use of an extension line. When there is ambiguity. there are no slaughterhouses. He contends that he is ignorant of the law and that the prohibition is only against the actual use of identical banners and devices which were used during the Philippine insurrection. Intermediate Appellate Court (in contrast with Ramirez vs. If the law is ambiguous. The afore stated provision clearly and unequivocally makes it illegal for any person. there is no room for interpretation. Sec. Issue: W/N there is ambiguity in the meaning of private conversation and private communication. branding and slaughtering of large cattle without a license. As a result of her actions. Gaanan vs. is not the same with private communication. Legislative intent is determined principally from the language of a statute. Court of Appeals Facts: Petitioner filed a case against private respondent. because the applicable facts and circumstances pointing to a violation of R. 1696 of the Philippine commission which prohibits the display of any flag. 30 and 33 of the act prohibit and penalize the slaughtering or causing to be slaughtered for human consumption of large cattle at any place without the permit provided for in sec. thus. the court shall resort to the principle that the spirit of the law controls the letter. respondent filed a case against her for violation of Republic Act 4200. Issue: W/N the accused should be held liable for the violation. she presented a transcript of her conversation with the respondent. the preamble may be used. Where the language of a statute is clear and unambiguous. The task of the court is to apply the law. Verga and the statute itself explicitly mentions the unauthorized "recording" of private communications with the use of tape-recorders” as among the acts punishable. 1 of Act. 30. and there is doubt as to the subject matter to which the law is to be applied. Decision: Yes. The intention of the legislature and object aimed at are to control the literal interpretation of a particular language in a statute. (d) Appellant contends that since in his town.A. Issue: W/N the defendant incurred liability. Will not also apply when strict construction will defeat the intent. The contention is nonsense. Chico Facts: Defendant was charged for violating sec. the task of the court of to know the meaning and intention of the law. 30 and 33 of Act 1147. Language capable of more than one meaning is to be taken in the sense. banner or device used during the insurrections in the Philippines. and interpretation would be resorted to only where a literal interpretation would be either impossible or absurd or would lead to an injustice. The act primarily seeks to protect large cattle from theft. the law is applied according to its express terms. the latter construction should be adopted.A. 4200 because a telephone extension device was neither among those devices enumerated in Section 1 of the law nor was it similar to those "device(s) or arrangement(s)" enumerated therein. US vs. In cases like this. Petitioner also alleged that private conversation. No.
The complaint merely alleges that the object stolen was seven sacks of rice. abduction. there is no need to go back to the Spanish text. This came to the knowledge of the real spouse thus she filed a complaint against Corazon for using the name Reyes although she was not married to Emilio. People vs. which remained in their original form. Decision: The third paragraph of article 344 of the Revised Penal Code provides that: The offenses of seduction. The accused was tried and convicted. Issue: W/N Corazon violated the Anti-Alias Law. the thing stolen was really hulled rice (arroz) but there is nothing in the complaint which shows that fact. but by the chief of police. Manaba filed a motion to dismiss on the ground of jeopardy for the same offense. the Spanish text is controlling. Director of prisons Facts: Petitioner has been in detention for 18 years of preventive imprisonment for the crime of rebellion. For these amendments. Inasmuch as the Revised Penal Code was originally approved and enacted in Spanish. the lawmakers could not have meant to criminalize what Corazon had done especially because some of them probably had their own Corazons. used in the Spanish text of article 303 of the Revised Penal Code. he contended that the term rice does not only mean hulled rice but also includes palay. Verga C.. Corazon filed for support for their son. Legamia vs. Our society is a tolerant one and surely. the defendant submits that the doubt should always be resolved in favor of the accused. Note: There are already amendments that use English terms. But for those. Decision: The English word "cereal". because the complaint had not been filed by the offended party. as it was the Spanish text of the Revised Penal Code that was approved by the Legislature. it was not a valid complaint in accordance with the law. Under the circumstances.” It will be observed that the Spanish equivalent of the word "filed" is not found in the Spanish text. Because it speaks of the buena conducta observada por el penado . Decision: It is in the light of our cultural environment that the law must be construed. In the construction or interpretation of the provisions of the RPC. which is controlling." who is a convict or a person already sentenced by final judgment. into which was translated the phrase "semilla alimenticia".Criminal Law 1 Reviewer (Padilla cases and notes combined with Ortega Notes) Vena V. 97 regarding good conduct allowance is. Cultural environment by which the legislature is operating can also be a source of the meaning as well as the intention of the law. Decision: The term "any prisoner" in the English text of Art. in the Spanish text. The first complaint was made by the chief of police of Dumagete.not one under "prison preventiva. Intermediate Appellate Court Facts: Petitioner has been living with a married man for 20 years and the relationship ended with the death of the man. the Spanish text should prevail. Therefore. is incorrect. Inasmuch as hulled rice (arroz) cannot be considered as seedling (semilla alimenticia). If the word rice includes the grain in its original state without the hull being taken away. Issue: W/N the plea for double jeopardy should be granted. the offense with which the appellee is charged in the information does not fall under article 303 of the Revised Penal Code but under the second to the last paragraph of article 302 where the offense therein defined is penalized with arresto mayor in its maximum degree to prision correccional. Issue: W/N Art 97 of the RP is applicable to detention prisoners or prisoners who are just serving preventive imprisonment. The judgment of the court was therefore void for lack of jurisdiction over the subject matter. Manaba Facts: Manaba was charged with rape. then "rice' is included under the term 'semilla alimenticia' or cereal seed. shall not be prosecuted except upon a complaint filed by the offended party…. and the defendant was never in jeopardy. This time. The victim then filed the same complaint. After the death of husband Emilio. rape or acts of lasciviousness. the Spanish text is controlling. but the judgment was set aside and the case dismissed on the ground that the court /vvverga Page 13 of 100 . the Spanish text governs. There is no doubt that Article 97 does not embrace detention prisoners within its reach. He is claiming for allowance for good conduct as provided for by Art 97 of the RPC. "el penado." The allowance for good conduct "for each month of good behavior" then unquestionably refers to good behavior of a prisoner while he is serving his term as a convict and not otherwise. Mesias Facts: The defendant was accused of robbing seven sacks of rice and before arraignment. Baking vs. Issue: W/N the phrase "hulled rice" was within the meaning of "semilla alimenticia" as used in the Spanish text. D. had no jurisdiction over the person of the defendant or the subject matter of the action. In cases of doubt in the interpretation of the Revised Penal Code. People vs. Since the first complaint filed was not the complaint of the offended party. It may be hulled rice (arroz) or it may be rice seeds (palay).
" People vs. "laws are repealed only by subsequent ones and their violation or nonobservance shall not be excused by disuse. Later cases seem to suggest that loss of teeth does not constitute disfigurement because it can easily be replaced. the law itself also ceases). 503. The prohibition against pre-threshing has no more raison d'etre because the lessee is obligated to pay a fixed rental as prescribed in section 34 of the Agricultural Land Reform Code. Decision: In this case. 6389 which took effect on September 10. Dancel Facts: Petitioner is assailing the promotion of Angel Dancel to Chief of Tax Registration a position to which he claims to be lawfully entitled. has ceased to be an offense under the subsequent law. Spanish text is given more weight. which prescribes a minimum efficiency of 85% for promotion. the new law shall be applied. The Compilation of Civil Service Laws and Rules was prepared merely by the Bureau of Civil Service and could not possibly have repealed Executive Order No. as redesignated in Republic Act No. is no longer punishable. Such is the case at bar. The accused is not relieved of liability from the requisite “deforme” even if the victim can lessen the deformity through artificial means. the law in force at the time of the commission of the offense shall be applied If the new law totally repeals the existing law so that the act. If the new law imposes a heavier penalty. applies to the case at bar. "Cualquier otro miembro" is more accurately translated "any other member". Issue: W/N the absolute repeal obliterated the criminal liability. The conflict arose from the ambiguous term “any other members” which is necessary for the charge. Repeals Decision: The repeal is absolute. Thus. The English text contained “loss on any other part of his body” while the Spanish text provided the loss of “any other member” resulting in “disfigurement”. 503. The defendant must be acquitted. an Administrative Compilation. or a leg resulting to "Deforme" or "disfigured". the crime is obliterated. Where the repeal is absolute and not a reenactment or repeal by implication. A. David vs. To prosecute it as an offense when the Code of Agrarian Reforms is already in force would be repugnant to the policy and spirit of that Code and would subvert the manifest legislative intent not to punish anymore pre-reaping sod pre-threshing without notice to the landholder. which was penalized under the old law. except when the offender is a habitual delinquent or when the new law is made not applicable to pending action or existing causes of action. 1) Different effects of repeal of penal law If repeal makes the penalty lighter in the new law. While the case was pending appeal. Issue: W/N EO 503 was repealed by Compilation of Civil Service Laws and Rules. 2) 3) People vs. the legal maxim cessante ratione legis. No. XIII. Verga People vs.Criminal Law 1 Reviewer (Padilla cases and notes combined with Ortega Notes) Vena V. Issue: W/N Almuete violated a law. the Code of Agrarian Reforms. or custom or practice to the contrary. a foot. the ordinance was repealed by eliminating the section under which the accused was being prosecuted. a hand. The victim lost four of his front teeth. Almuete Facts: The defendant supposedly violated Sec 39 of he Agricultural Tenancy Law which is premised on the existence of the rice share tenancy system. was superceded by the Compilation of Civil Service Laws and Rules under which his rating of 84% is considered a high degree of efficiency. He further contends that EO No. which was an offense under the Agricultural Tenancy. It is significant that section 39 is not reproduced in the Agricultural Land Reform Code whose section 172 repeals "all laws or part of any law inconsistent with" its provisions. the offense ceases to be criminal. One who unlawfully wounds another is responsible for the consequences of his act. Tamayo Facts: The accused was prosecuted for and convicted of a violation of an ordinance. or the Code of Agrarian Reforms. 1971. cessat ipsa lex (the reason for the law ceasing. The Code instituted the leasehold system and abolished share tenancy subject to certain conditions indicated in section 4 thereof. Balubar Facts: Balubar was found guilty of the crime of physical injuries by the lower court. Decision. series of 1934 since under Article 7 of the Civil Code. Decision: The Agricultural Land Reform Code superseded the Agricultural Tenancy Law (except as qualified in sections 4 and 35 of the Code). an arm. Issue: W/N the accused is still liable for his actions. /vvverga Page 14 of 100 . meaning any other member than an eye. The act of pre-reaping and pre-treshing without notice to the landlord.
which define and punish grave insults. 2. Sometime of 1976. A penal law. even if the repealing law is partial or relative. the crime still remains to be a crime. if the case is still pending in court. Verga B. The appellant contends (a) that the evidence adduced during the trial did not show that he was guilty of the crime of injurias graves as defined under the Penal Code. the latter is held to be repealed by necessary implication. PD No. Where the later statute clearly covers the old subject-matter of antecedent acts. abuse. People vs. and (b) that even though the evidence did show that he had violated the provisions of the Penal Code providing a punishment for injurias graves. 277-the Libel Law. Decision: The Philippine Libel Law. he could not be punished. or insult. has had the effect of repealing so much of article 256 of the Penal Code as related to written defamation. and the repealing law is more favorable to the accused. editor of La Nacion was found guilty of violating Art. it will be the repealing law that will henceforth apply to them. one of the two laws must give way. (a) (b) Repeal by implication is not favored There is implied repeal if there are irreconcilable inconsistencies. c. Buscayno vs.Criminal Law 1 Reviewer (Padilla cases and notes combined with Ortega Notes) Vena V. /vvverga Page 15 of 100 . and which was clearly intended to prescribe the only rule applicable to the subject. Express or implied repeal – Express or implied repeal refers to the manner the repeal is done. previous laws are held to be repealed by necessary implication. One of the petitioners contends that her criminal liability was extinguished by the repeal. like any other statute. So whether he is a habitual delinquent or not. 1. 277). (2) Decision: Provisions of the Penal Code. They were accused of subversion under RA 1700 (Anti-Subversion Law). 885 which repealed RA 1700 took effect. An implied repeal will take place when there is a law on a particular subject matter and a subsequent law is passed also on the same subject matter but is inconsistent with the first law. are repealed by Act No. the repealing law will be the one to apply unless there is a saving clause in the repealing law that it shall not apply to pending causes of action. Issue: W/N Art 256 is still in force. Article 256 of the Spanish Penal Code is not now in force because abrogated by the change from Spanish to American sovereignty over the Philippines and because inconsistent with democratic principles of government. 277. so that if the repeal is more lenient to them. may be repealed either expressly or by necessary implication. Act No. Art 256 of the Penal Code provides that any person who by writing. 1. It is the earlier that will give way to the later law because the later law expresses the recent legislative sentiment. Effects (1) Pending Criminal Action is not dismissed C. for the reason that said provisions of the Penal Code had been repealed by the Libel Law (Act No. the former is thereby repealed. Castro Facts: The defendant was charged with injuries graves for sending letter to a medical health officer which contained insults and accusations. Defendant was acquitted. when those crimes are expressed publicly in writing. and it plainly appears to have been the purpose of the Legislature to give expression in it to the whole law on the subject. Where the latter or revising statute clearly covers the whole subject matter of antecedent acts. and it plainly appears to have been the purpose of the Legislature to give expression in it to the whole law on the subject. abuse or insult any minister of the Crown or other person shall be punished. (1) Consequences if repeal of penal law is partial or relative If a case is pending in court involving the violation of the repealed law. Defendant questions whether this article is still in force or whether the Libel law already repealed it. Issue: W/N the penal code provisions were already repealed by the Libel Law. People vs. shall defame. 6 and 25 Facts: The petitioners were accused of rebellion for having allegedly participated in public uprising to overthrow the government. it shall be the one applied to him. If a criminal law deals with the same subject as a prior law and is inconsistent with and repugnant to the prior law. 257 of the Penal Code for attacking the virtue of the members of the Senate. If a case is already decided and the accused is already serving sentence by final judgment. and such statute or law is repealed by implication if the later statute is so repugnant to the earlier one that the two cannot stand together or if the whole subject of the earlier statute is covered by the latter one having the same object. Those who are not habitual delinquents will benefit on the effect of that repeal. Military Commissions No. Perfecto Facts: Gregorio Perfecto. such that the two laws cannot stand together.
No. This is why liability would only arise when there is dolo or culpa in the commission of the punishable act. That saving or transitory clause is reenacted in section 14(i) of the National Security Code. The fact that Presidential Decree No. No. XIV. 319 of the penal code. which repeals a prior law. which is the Revised Anti-Subversion Law. Decision: Section 12 of the administrative code provides that a law. in repealing or superseding Republic Act No. 1697. it is not inconsistent with such former law. It is similar to article 366 of the Revised Penal Code which provides that felonies and misdemeanors committed prior to the effectivity of the Revised Penal Code shall be punished in accordance with the old Penal Code and the laws in force at the time of their commission. Distinction between crimes punished under the Revised Penal Code and crimes punished under special laws 1. which also defines and penalizes perjury. In crimes punished under special laws. Therefore. Consequences if repeal of penal law is express or implied /vvverga Page 16 of 100 . the petitioner would still be prohibited from importing because Act. which expressly repealed a prior law. People vs. Respondent demurred that even id Act No. 885 extinguished the criminal liabilities of persons charged with violation of the older law. good faith or lack of criminal intent is a valid defense. so the act or omission will no longer be penalized. PD No. 2. An unconstitutional statute can have no effect to repeal former laws or parts of laws by implication. but by implication. Act. since being void. 1697 impliedly repeals Art. Youngberg Facts: Petitioner attacked the constitutionality of Act No. Act no. is itself repealed. While he was serving his sentence. Verga (1) If a penal law is impliedly repealed.Criminal Law 1 Reviewer (Padilla cases and notes combined with Ortega Notes) Issue: W/N in repealing RA 1700. As to use of good faith as defense In crimes punished under the Revised Penal Code. It is entirely unnecessary to pass upon the validity of the statute attacked because even if it were declared unconstitutional. is not expressly. the first law repealed shall not be revived unless expressly provided. Act. 1700. 3155 which prohibits the importation of cattle from foreign countries to the Philippines. the provisions of the penal code is revived. That decree. Soliman Facts: Defendant was accused of perjury under Art 1697. the repeal of the repealing law will not revive the first law. Issue: W/N the criminal liability was extinguished because of the repeal. 1700. No. Vena V. the old rule continues in force where a law. (2) But penalty under second law will be applied if favorable to accused. As to moral trait of the offender In crimes punished under the Revised Penal Code. No 3155 is constitutional. 1697 was expressly repealed by a Section in the administrative code. the moral trait of the offender is considered. 3155 was declared unconstitutional. Accused contends that his criminal liability should be extinguished because of the repeal. Decision: No. thus. the moral trait of the offender is not considered. The purpose of the party is the decisive factor in determining whether it is a subversive organization. (3) Effects of nullity of repealing laws Cruz vs. So the act or omission which was punished as a crime under the original law will be revived and the same shall again be crimes although during the implied repeal they may not be punishable. is itself repealed. (2) If the repeal is express. it is enough that the prohibited act was voluntarily done. 2657 expressly repealed Act no. 885 does not mention the CPP does not mean that the party is no longer regarded as a subversive organization. the petitioner would not be entitled to relief because of Act. expressly provides in its Section 7 that "acts committed in violation" of the former law before the effectivity of the said decree "shall be prosecuted and punished in accordance with the provisions of the former Art" and that nothing in the said decree "shall prevent prosecution of cases pending for violation of" Republic Act No. 3052 which was repealed by Act. 3052. unless the crime is the result of culpa D. Decision: Yes. No. Issue: W/N Act. Express repeal takes place when a subsequent law contains a provision that such law repeals an earlier enactment. 2. No 3155 will be revived. the subsequent repeal of the repealing law will revive the original law.
Consequently. thus. The case goes to the Sandiganbayan and the mayor gets convicted for violation of Republic Act No. Crimes committed against the provisions of a special law are penalized only when the pernicious effects. and consummated stages in the commission of the crime. good faith is not a defense 3. that the contract was advantageous to the municipality. 5. There is no principal or accomplice or accessory to consider. When given a problem. Therefore culpa is not a basis of liability. is not a defense. the act constituting the crime is a prohibited act. it is malum in se. In violation of special law. there are no attempted or frustrated stages. In crimes punished under special laws. XV. The losing bidder challenged the validity of the contract. In other words. the degree of accomplishment of the crime is taken into account in punishing the offender. the act gives rise to a crime only when it is consummated. mitigating and aggravating circumstances are taken into account in imposing the penalty since the moral trait of the offender is considered. that the contract was advantageous to the municipality. Since the prosecution failed to prove that the accused acted with malice. What was the crime committed? Grave coercion. The crime involved is malum prohibitum. In crimes punished under special laws. will the act still be wrong? If the wording of the law punishing the crime uses the word “willfully”. the military was alerted.Criminal Law 1 Reviewer (Padilla cases and notes combined with Ortega Notes) Vena V. Sunico. good faith is a defense. the degree of participation of the offenders is not considered. As to mitigating and aggravating circumstances In crimes punished under the Revised Penal Code. Where malice is a factor. 3019 (Anti-Graft and Corrupt Practices Act). the penalty is not imposed unless the act is consummated. when there is more than one offender. good faith is a defense. the election registrar raised as good faith as a defense. the degree of participation of each in the commission of the crime is taken into account in imposing the penalty. mitigating and aggravating circumstances are not taken into account in imposing the penalty. In crimes punished under special laws. A mayor awarded a concession to his daughter. She was also the highest bidder. Test to determine if violation of special law is malum prohibitum or malum in se Analyze the violation: Is it wrong because there is a law prohibiting it or punishing it as such? If you remove the law. but because with or without a law. unless the special law punishes an omission. /vvverga Page 17 of 100 . Questions & Answers 1. All who perpetrated the prohibited act are penalized to the same extent. an election registrar was prosecuted for having failed to include in the voter’s register the name of a certain voter. it was held by he Supreme Court that disenfranchising a voter from casting his vote is not wrong because there is a provision of law declaring it as a crime. In trial. 4. Under special laws. There is a provision in the election law which proscribes any person from preventing or disenfranchising a voter from casting his vote. As to degree of accomplishment of the crime In crimes punished under the Revised Penal Code. On appeal. and that he did not act with intent to gain. unless the special law expressly penalize the mere attempt or frustration of the crime. In the case of People v. Three hijackers accosted the pilot of an airplane. thus. There is no such thing as attempted hijacking. he was acquitted. take note if the crime is a violation of the Revised Penal Code or a special law. The contention of the mayor that he did not profit anything from the transaction. accomplice and accessory. and that he did not act with intent to gain. He appeals alleging his defenses raised in the Sandiganbayan that he did not profit from the transaction. that act is wrong. arise. Verga In crimes punished under special laws. As to degree of participation In crimes punished under the Revised Penal Code. The award was even endorsed by the municipal council as the most advantageous to the municipality. The trial court convicted him saying that good faith is not a defense in violation of special laws. then malice must be proven. but before the same could be accomplished. there are attempted. Article 2 Source of RPC A. 2. but the trial court sustained its validity. frustrated. They compelled the pilot to change destination. which such law seeks to prevent. offenders are classified as principal. Judgment affirmed. Rule.
The law of the foreign country where a foreign vessel is within its jurisdiction is strictly applied. When the crime is committed in a war vessel of a foreign country. The American or Anglo-Saxon Rule This rule strictly enforces the territoriality of criminal law. which applies only to merchant vessels. Otherwise. interior waters and maritime zone.Criminal Law 1 Reviewer (Padilla cases and notes combined with Ortega Notes) (1) Rafael del Pan’s Correctional Code of 1916 (2) Code of Maruecos (3) Original Draft of German Penal Code of 1913 Where offense punishable under RPC is also punished under military law Piracy is triable anywhere (see Lo-Lol and Saraw) Vena V. there is no occasion to apply the two rules. A vessel is considered a Philippine ship only when it is registered in accordance with Philippine laws. (2) SCOPE OF APPLICATION OF THE PROVISIONS OF THE REVISED PENAL CODE The provision in Article 2 embraces two scopes of applications: (1) (2) Intraterritorial – refers to the application of the Revised Penal Code within the Philippine territory. If that vessel is in the high seas or open seas. do not limit this to land area only. Extraterritorial application Extraterritorial application of the Revised Penal Code on crime committed on board Philippine ship or airship refers only to a situation where the Philippine ship or airship is not within the territorial waters or atmosphere of a foreign country. Under the Revised Rules of Criminal Procedure. Any crime committed in interior waters comprising the Philippine archipelago shall be subject to our laws although committed on board a foreign merchant vessel. Intraterritorial application In the intraterritorial application of the Revised Penal Code. for our courts to take cognizance of any crime committed on board a vessel during its voyage. unless the crime committed endangers the national security of a foreign country where the vessel is within jurisdiction in which case such foreign country will never lose jurisdiction over such vessel. So the three-mile limit on our shoreline has been modified by the rule. Extraterritorial – refers to the application of the Revised Penal Code outside the Philippine territory. there are two situations where the foreign country may not apply its criminal law even if a crime was committed on board a vessel within its territorial waters and these are: Question & Answer A vessel is not registered in the Philippines. the Archipelagic Rule shall be observed. So whenever you use the word territory. Philippine laws shall govern. However. As far as jurisdiction or application of the Revised Penal Code over crimes committed on maritime zones or interior waters. because war vessels are part of the sovereignty of the country to whose naval force they belong. The intention is to do away with that requirement so that as long as the /vvverga Page 18 of 100 . Verga (1) B. When the foreign country in whose territorial waters the crime was committed adopts the French Rule. A crime is committed outside Philippine territorial waters. the requirement that the vessel must be licensed and registered in accordance with Philippine laws has been deleted from Section 25. Under international law. Then the vessel entered our territory. the vessel must be registered in the Philippines in accordance with Philippine laws. however. If it is not within the jurisdiction of any country. paragraph c of Rule 110 of the Rules of Court. Will the Revised Penal Code apply? Yes. Both the rules apply only to a foreign merchant vessel if a crime was committed aboard that vessel while it was in the territorial waters of another country. Under the old Rules of Criminal Procedure. these rules will not apply. The French Rule The French Rule provides that the nationality of the vessel follows the flag which the vessel flies. it is the foreign country’s criminal law that will apply. as long as such vessel is not within the territorial waters of a foreign country. except if the crime affects only the internal management of the vessel in which case it is subject to the penal law of the country where it is registered. Article 2 makes it clear that it does not refer only to Philippine archipelago but it also includes the atmosphere. C. except when the crime committed affects the national security or public order of such foreign country.
Illustration: A Philippine consulate official who is validly married here in the Philippines and who marries again in a foreign country cannot be prosecuted here for bigamy because this is a crime not connected with his official duties. The Revised Penal Code shall not apply to any other crime committed in a foreign country which does not come under any of the exceptions and which is not a crime against national security. So if acts of rebellion were perpetrated by Filipinos who were in a foreign country. When he agreed to the falsification of the deposition. because Title I of Book 2 (crimes against national security) does not include rebellion. to be performed by the public officer in the Foreign Service of the Philippine government in a foreign country. the deponent approached the consul’s daughter and requested that certain parts of the deposition be changed in consideration for $10.000. they can be prosecuted. however. the revised provision added the phrase “in accordance with generally accepted principles of International Law”. But the Filipino can not be prosecuted when he comes back to the Philippines. if the second marriage was celebrated within the Philippine embassy. the Revised Penal Code governs only when the crime committed pertains to the exercise of the public official’s functions. More than this. There is. Falsification. under the law. if the Filipino. such that wherever the pirates may go. XVI. because the bigamy was committed in a foreign country and the crime is not covered by paragraph 5 of Article 2. Article 3: Felonies /vvverga Page 19 of 100 . This is because embassy grounds are considered an extension of sovereignty. since it is as if he contracted the marriage here in the Philippines. therefore. the taking of the deposition is not the function of the consul. the crime would not have been prosecutable in our court. Illustration: When a Filipino who is already married in the Philippines. returns to the Philippines and cohabits here with his second wife. our courts can take cognizance of the crime committed in such vessel. a vessel which is not registered in accordance with the laws of any country is considered a pirate vessel and piracy is a crime against humanity in general. after the second marriage.00.Criminal Law 1 Reviewer (Padilla cases and notes combined with Ortega Notes) vessel is not registered under the laws of any country. Exception: The Revised Penal Code governs if the crime was committed within the Philippine Embassy or within the embassy grounds in a foreign country. a consul can take depositions or letters rogatory. Paragraph 5 of Article 2. use the phrase “as defined in Title One of Book Two of this Code. The daughter persuaded the consul and the latter agreed. However. registration is not anymore a requirement and replaced with generally accepted principles of international law. Prior to the revision. The crime may be regarded as an act of piracy as long as it is done with “intent to gain”. he was doing so as a public officer in the service of the Philippine government. reference should be made to the provision of paragraph c of Section15 of the Revised Rules of Criminal Procedure. the crime committed is bigamy. he may be prosecuted here. because Title I of Book 2 does not include rebellion. his function being the promotion of trade and commerce with another country. Question & Answer Vena V. you cannot give territorial application to the Revised Penal Code. After the deposition. which are. Piracy is considered a crime against the law of nations. So the intention is clear to adopt generally accepted principles of international law in the matter of exercising jurisdiction over crimes committed in a vessel while in the course of its voyage. With the revision. Normally. Verga A consul was to take a deposition in a hotel in Singapore. a definite provision of the law making it the consul’s function to take depositions. In your answer. [they] should commit an offense in the exercise of their functions:” As a general rule.” This is a very important part of the exception. those having to do with the discharge of their duties in a foreign country. contracts another marriage abroad. Under international law rule. Under the Rules of Court. When public officers or employees commit an offense in the exercise of their functions The most common subject of bar problems in Article 2 is paragraph 4: “While being public officers or employees. However. he commits the crime of concubinage for which he can be prosecuted. The functions contemplated are those. what crime or crimes have been committed? Yes. Will the crime be subject to the Revised Penal Code? If so.
only external acts are punished Omission is synonymous to inaction. nulla poena sine lege. People vs. Note that the word "felony" is used. which means that the provision is not extended to crimes under special laws. WITHOUT EVIL INTENTION. So whenever you encounter the term felony. not being regular practitioner. although his ignorance may be considered as a mitigating circumstance. Nullum crimen. such act is not a crime. Vena V. But as he was nearing the quarry. /vvverga Page 20 of 100 . 2. Crimes can also be punishable by special laws. PERSON CAUSING INJURY. Unfortunately. Classification of Felonies Intentional Felonies (a) Act or omission of offender is malicious. Note: Reckless Negligence means voluntary act without malice. 3. shall be punished under the maximum period of the penalty. Note: The phrase “punishable by law” is not only constrained to those acts that are punishable by the RPC. 2. Elements: 1. which reads: A person who shall commit a felony after having been convicted by final judgment. Silvestre and Atienza Facts: Martin and Romana were both convicted of the crime of arson by the Court of First Instance. undertakes to render medical assistance to another person. without evidence of agreement or conspiracy is not punishable. before beginning to serve sentence or while serving the same. When the crime is punishable under a special law you do not refer to this as a felony. mere silence and failure to give alarm. On the night of the crime. Acts may be omissions or commissions. Catangay Facts: Catangay was found guilty of homicide through reckless negligence. Verga Decision: No. MAY BE LIABLE FOR CULBABLE FELONY US vs. Divino Facts: Divino was charged for the crime of lesiones graves for burning the feet Alfonsa believing in good faith that applying petroleum on her sores and ulcers would cure her wounds. Definition: Felonies are acts and omissions punishable by the law. Decision: One who. Romana was acquitted. Catangay was tasked to negotiate the distance. The case of Romana was appealed because there is no strong evidence that can prove that she was an accomplice of Martin.Criminal Law 1 Reviewer (Padilla cases and notes combined with Ortega Notes) HOW A FELONY MAY ARISE Punishable by the Revised Penal Code The term felony is limited only to violations of the Revised Penal Code. Alfonsa became more injured and deformed after the treatment. If there is no law that defines an act as a crime and provides for its penalty. There must be a low requiring the performance of such act. act committed by means of culpa (a) Negligence – lack of foresight (b) Imprudence – lack of skill 1. he accidentally stumbled onan embankment and two shots were discharged. from such treatment. one killing his companion. Issue: W/N Divino committed a crime considering he acted on good faith. A. it is to be understood as referring to crimes under the Revised Penal Code . the failure to perform a positive duty which one is bound to do. Culpable Felonies – performed without malice. Mere passive presence at the scene of another’s crime. act committed by means of dolo (b) Act is performed with deliberate intent. WHEN THERE IS NEITHER MALICE OR FAULT People vs. and the fact that he acted in good faith and according to the best of his ability does not relieve him from responsibility. A specific instance is found in Article 160 – Quasi-Recidivism. is liable for any injuries resulting. This is important because there are certain provisions in the Revised Penal Code where the term “felony” is used. B. Divino was held liable for culpable felony because the acts he committed were out of ignorance with the intent to bring about remedy instead of harm. Issue: W/N Romana’s act of omission is punishable.
it is his duty to be cautious. Rule: There is no need for the pattern analysis for acts that involve public policy (statutory law). Go Chico) Act alone constitutes the offense US vs. 2. and those of his fellow beings. the eyes of a man is not luminous in the dark thus it would be impossible to mistake it to that of a deer. Decision: Between an act performed voluntarily and intentionally. the law implies conclusively the guilty intent. REASON WHY CULPABLE FELONIES ARE PUNISHED People vs. vs. (b) Co Kong was in charge of the store. Moreover.Criminal Law 1 Reviewer (Padilla cases and notes combined with Ortega Notes) Issue: W/N Catangay was guilty of reckless negligence Decision: No. Adlaon signed that he received the money when in fact the money was never for the construction of municipal building but was to be given to Bastes who loaned a sum of money to the municipal president and treasurer. willful intent. Maleza Facts: Maleza and Adlaon were charged with crimes of falsification of public documents by reason of reckless negligence. He asked his two companions to watch over their prey while he looks for another. victim's death having been purely accidental and wholly involuntary on the part of the accused. is an essential ingredient in every criminal offense. no dolo is required (US. Issue: W/N defendant Siy Cong Being should be held liable for the actions of his store manager. No. Decision: Under the Philippine Pure Food and Drugs Act. US vs. Otherwise his own person. Issue: W/N reckless negligence is considered a crime. Ramirez Facts: Pedro Ramirez went on hunting together with two other companions. without proof of guilty knowledge of the fact of adulteration or criminal intent in the making of the sale. Defendants maintained that falsification does not constitute the crime complained of. Crimes punished under special laws. to violate the criminal law. The discharge of a firearm that caused the. Verga degree and with an equal material result. After walking for about 50 meters. and exercise due reflection in all his acts. and another committed unconsciously and quite unintentionally. he knew he had two companions. and prudent. Maleza and Adlaon). and that where there is the absence of such intent there is no offense. Maleza is the municipal treasurer and he certified an account showing payments for the construction of the municipal building. there exists another. which requires that the damage be inflicted without malice but through a voluntary act. To his surprise. Benito Siy Cong Bieng appealed for: (a) He did not have any knowledge of the acts done by his agent which was the sale of adulterated coffee. because he did not have the intention of killing the deceased. and the offense is not made to depend upon the positive. his action lacks the element essential for holding that it was performed with reckless negligence. Note: Reason for punishing acts of negligence: A man must use common sense. proof of the fact of the sale of prohibited drugs and food products is sufficient to sustain a conviction of a violation of the statute. (People vs. There was no negligence either because opening the latch while approaching the quarry is very usual for hunters. He is responsible for such results as anyone might foresee and for acts. if not from instinct. he shot one of his companions. would ever be exposed to all manner of danger and injury. or reckless negligence. When the language is plain and positive. and it is done by some person. he seemed to have seen an eye of a deer and shot it. an intermediate act which the Penal Code qualifies as negligence. The embankment cannot also be anticipated. The accused is guilty of homicide through reckless imprudence. 1655 of the Philippine Commission known as the Pure Food and Drugs Act. In this case. this is especially so as to statutory offenses. performed without malice. careful. though in a lesser Vena V. as distinguished from a mere intent. 3. which no one would have performed. although the resulting homicide was without malice. then through fear of incurring punishment. He performed a voluntary act in discharging his gun. But nonetheless. willful intent and purpose. except through culpable abandon. C. but at the same time punishable. Decision: Yes. there was no intent because Catangay had a very good relationship with the victim. rights and property. Issue: W/N there is reckless imprudence on this case. 1. Felonies are committed not only by means of deceit (dolo) but also by means of fault (culpa). nothing is left to interpretation. Mala Prohibita and Mala in Se /vvverga Page 21 of 100 . thus. The fact that the defendant offered to the mother of the deceased a carabao and a horse by way of indemnity indicates that the defendant admitted the commission of the crime although he performed that act without criminal intent and only through imprudence. although the offender was honestly mistaken as to the meaning of the law he violates. he should have exercised all the necessary diligence to avoid every undesirable accident. When the statute plainly forbids an act to be done. Siy Cong Bien Facts: Defendants Benito Siy Cong Bieng and Co Kong were convicted of a violation of Section 7 of Act. It is a mistaken notion that positive.
and good faith and absence of criminal intent are not valid defenses.Criminal Law 1 Reviewer (Padilla cases and notes combined with Ortega Notes) Mala in Se Acts that are wrong from their nature. Good Faith and absence of criminal intent are not valid defenses in crimes punished by special laws (Mala Prohibita) /vvverga Page 22 of 100 . 6. People vs. he barricaded some establishments and stalls which protruded into the sidewalk of the Maharlika highway and who were not complying with certain health and sanitation requirement. either it be right or wrong. he should be exempted from the law prohibiting illegal possession of firearm. 286 of the Revised Penal Code. Decision: The accused was absolved. Mala Prohibita Acts that are wrong merely because it is prohibited by a statute. Since the offense is malum prohibitum punished by special law. People Facts: The Court of Appeals found the petitioner guilty beyond reasonable doubt of the crime of Grave Coercion penalized under Art. petitioner cannot be held guilty of grave coercion. Grave coercion is committed when "a person who. The testimony of the witnesses were credible and accurate. Having then acted in good faith in the performance of his duty. as mayor of the town. without authority of law. 5. in addition. Ongsod contends that it was Orquijo who owned the gun and it was merely in his possession when the Philippine constabulary seized it. Ongsod was also found guilty of the crime of illegal possession of firearms. petitioner incurred no criminal liability. prevent another from doing something not prohibited by law or compel to do something against his will. it is enough that the statue has been violated and that it is not necessary to inquire whether there was intent to violate it. Despite his plea that he already applied for the renewal of his license. The mere unlicensed possession of firearm. Orquijo and Ongsod Facts: Orquijo and Ongsod were guilty of the crime of robbery. Intent governs. Intent to perpetuate the act is required. The owners of the stalls charged the petitioner with the offense of grave coercion. The petitioner was the mayor of a town and by the recommendation of the Municipal Health Officer. Mapa Facts: The accused is a secret agent contending that being such. a fact corroborated by an office of the constabulary. It does not matter for the conviction of Ongsod that he is the owner or borrower of the gun because this fact has no bearing on his guilt. However. RPC Criminal Intent Good faith can be invoked as defense for violation of the RPC (Mala in Se) Timoner vs. Issue: W/N the conviction of the court of appeals that the petitioner committed grave coercion is correct the complainants were public nuisance. Where the accused had a pending application for permanent permit to possess a firearm. The petitioner then filed a complaint against the owners of the stalls saying that these stalls constituted public nuisance as well as nuisance per se." The third element being absent in the case at bar. People vs. Decision: The court is in agreement that the complainants were public nuisance for affecting a considerable number of persons in their neighborhood. In statutory offenses. shall by means of violence. for the court can adopt a more liberal view. Mallari Facts: Mallari was found guilty of illegal possession of firearms. He further stated that he has every intention of surrendering the gun. Intent is not important. Decision: No. Exceptions to the good faith rule in crimes of Mala Prohibita. regardless of the intent of the holder is sufficient to sustain a conviction. Petitioner. Special penal laws Intent to perpetuate a crime Vena V. and such possession was not unknown to an agent of the law who advised the former to keep it in the meantime. Issue: W/N the lower court was correct in their decision. which expired some 3 months before he was arrested. Intent Violates Minimum required for a person to incur criminal liability 4. merely implemented the aforesaid recommendation of the Municipal Health Officer. The spirit of the law regarding possession of firearms is to punish those who possess the same without knowledge of the authorities concerned. Verga Definition People vs. and without even bothering themselves to legalize such possession. he was still sentence by the lower court. any doubt as to his claim should be resolved in his favor. Issue: W/N the absence of criminal intent and good faith are valid defenses in crimes punishable by special laws. enough to call for a conviction.
Construction and interpretation come only after it has been demonstrated that application is impossible or inadequate without them. Verga D. Hon. In evaluating felonies committed by means of culpa. Vena V. 2. W/N the term "discernment". is his mental capacity to understand the difference between right and wrong. 11 years old. which may cause injury to the same person in negligently handling an air rifle. Fiscal exculpated petitioner due to his age and because the unfortunate occurrence appeared to be an accident. from possessing any firearm. Decision: As secret agent is not included in the enumeration in Section 879 of the Revised Administrative Code of persons who are not prohibited in Section 878. Dionisio Ballonico and Fernando Dorico were all found guilty beyond reasonable doubt for murdering Gervacio Dapulag and was sentenced each with death penalty. There was no reason shown why the witnesses for the prosecution would foist a crime on DIONISIO BALLONICO if he did not really commit it. as used in Article 12(3) of the Revised Penal Code (RPC) is synonymous with "intent. Hence a person may not intend to shoot another but may be aware of the consequences of his negligent act. Teodoro was hit by a pellet on his left collar bone which caused his death. intelligence remains as an essential element. namely. Pattern of analysis in determining criminal liability Was there criminal intent (dolo)? Or was the act done by means (imprudence/negligence)? Delito Deloso and Delito Culposa Elements of culpa E. Dionisio said that he was merely a bystander and did not participate in the crime Issue: W/N motive is relevant to establish guilt Decision: It is true that no motive has been shown why he would kill Gervacio Dapulag. W/N an eleven (11) year old boy could be charged with the crime of homicide thru reckless imprudence. as amended by Republic Act No. was playing with his best friend. Appellant is not also exempted from the requirement of license. who commits an act prohibited by law. he must discern the rightness or wrongness of the effects of his negligent act. Proof of motive is not essential for conviction. but this Court has repeatedly held that motive is pertinent only when there is doubt as to the identity of the culprit. freedom of action. intelligence. The petitioner was in position that "discernment" connotes "intent". Delito Deloso (dolo) Freedom Intelligence Intent (a) Delito culposa (culpa) Freedom Intelligence Negligence/Imprudence Decision: The two terms should not be confused. (b) (1) (2) (c) Kinds of Intent general notion of intent – motive is not essential in establishing this notion of criminal intent specific notion of intent – there is no great difference between specific criminal intent ad motive. They were target-shooting a bottle cap placed with an air rifle borrowed from a neighbor. Issue: 1. The first and fundamental duty of courts is to apply the law. The Solicitor General insists that discernment and intent are two different concepts. The three were said to have killed the accused because he insisted on filing a criminal complaint against Romualdo for the killing of his nephew. /vvverga Page 23 of 100 . which ordered the Fiscal to file a case against petitioner for Homicide through reckless Imprudence. 2. the former refers to the desired of one's act while the latter relates to the moral significance that person ascribes to the said act. a minor over nine years of age but below fifteen may be held liable for a quasi-offense under Article 365.Criminal Law 1 Reviewer (Padilla cases and notes combined with Ortega Notes) Issue: W/N Mapa should be exempted from complying with the law. Discernment constitutes an exception to the exemption from criminal liability of a minor under fifteen years of age but over nine. three (3) elements are indispensable. The victim's parents appealed to the Ministry of Justice. Revised Administrative Code. it is necessary that a minor above nine but below fifteen years of age be possessed with intelligence in committing a negligent act which results in a quasi-offense. While both are products of the mental processes within a person. In the course of their game. Ignacio Almodovar Facts: Petitioner John Philip Guevarra." Distinguished from Motive WHEN MOTIVE IS RELEVANT People vs. Intent Defined distinguished from discernment Guevarra vs. It is clear that the terms "intent" and "discernment" convey two distinct thoughts. hence. For him to be criminally liable. intent is wanting in such felonies. This not a situation which falls under ‘who had done it’ since DIONISIO BALLONICO was positively identified by credible witnesses as one of the assailants of the victim. Dorico Facts: Romualdo Dorico. Obviously. 4. and negligence. Indeed. However. 1.
and upon meeting with his wife who tried to stop him. the accused had a fight with Enrique Collantes and Valentin Abadilla. by reason of which he got up. which was just across the passageway from House No. he had no criminal intent. and as it seemed to him that his enemies were inviting him to come down. he dreamed that Collantes was trying to stab him with a bolo while Abadilla held his feet. Where. The defendant was not held liable for the crime. fire also broke out in House no. Maximo and Cesaria contended that it was Ananias who first attacked them and that Maximo merely defended himself.Criminal Law 1 Reviewer (Padilla cases and notes combined with Ortega Notes) Vena V. they heard something moving. and when he was about to go down. he armed himself with a bolo and left the room. Go Foo Suy Facts: Fire broke out in house no. Issue: W/N the defendant is guilty of the crime of parricide. The defendant states that when he fell asleep. The appellants had been conducting their business at a loss for nearly 18 months. After some time. Or. witnesses testified that the fire in House no. 26 broke out when the fire in House no. Note: Circumstantial Evidences defined: indirect evidence. and that their business operations over a period approximately eighteen months just prior to the fire had resulted in a considerable loss. Maximo also contended that the trial court erred in saying that the motive of the killing was a land case because he has no interest therein since it was his father who was the plaintiff in the said case. that it was insured for three times its value. WHEN MOTIVE IS IRRELEVANT When assailant is positively identified People vs. Maximo and Cesaria Diva conspired to attack the victim. attack and kill Ananias. Before the victim’s life expired. Issue: W/N the motive is needed to convict the defendants. an aid to the prosecution. Verga Disclosure of motive is an aid in completing the proof of the commission of the crime. On the day the crime was committed. 26. Lack of motive may be an aid in showing the innocence of the accused People vs. for having acted in a dream. he apparent lack of a motive for committing a criminal act does not necessarily mean that there are none. he was stopped by his wife and his mother. it is not a sufficient ground for him to ambush. fact that was seen in the vicinity of the crime. who invited him to come down and fight. A person who suddenly hot up in his sleep left the room with a bolo in his hand. bidden away and inaccessible to our observation. Decision: No. for we cannot probe into the depths of one's conscience where they may be found. The question of what motive is sufficient to impel one to commit a particular act is always relative and no fixed norm of conduct can be said to be decisive of every imaginable case. thus. he was able to tell his wife who his attackers were. The accused had dry goods store in house no. However. but that simply they are not known to us. MOTIVE ALONE IS NOT PROOF OF CRIME /vvverga Page 24 of 100 . Motive is not important to have a conviction. his motive in committing the act becomes irrelevant to his conviction and the failure of the State to establish his motive is of no moment. 30. furnishes a powerful motive for the commission of the crime (circumstantial evidence). When they got inside. motive need not be established HOW MOTIVE IS PROVED. Taneo Facts: Potenciano Taneo was accused of parricide for killing his wife. Since the prosecution was not able to establish the motive. Decision: No. it was noted that the defendant was not feeling well. the identity of the appellant as the author of the killing is not disputed as he admitted having killed the deceased. he went to bed and slept. Maximo claims that he should not be convicted of the crime. wounded her abdomen and attacked other. 26. Their dispute was regarding boundaries of the adjoining lands they own. Decision: The accused were found guilty of the crime. Even if there is such motive. An extreme moral perversion may lead a man to commit a crime with a real motive but just for the sake of committing it. But motive is unessential to conviction in murder cases when there is no doubt as to the identity of the culprit or where the offender had admitted the deed. as in this case. Note: When assailant is positively identified. Issue: W/N the accused was guilty of arson. and wounding his father in law and two of their guests. 30 was about to be put out. and the failure of the prosecution to establish motive is completely inconsequential. which supported the fact that someone. they found a hole. Diva Facts: Maximo Diva and his wife were accused of murdering Ananias Bano. proof of crime US vs. The fact that the defendants owned a stock of goods. The success of their crime meant that they would receive about twice the value of their stock of goods and thus converting a losing investment into a profitable one. It appears from the evidence that that the day before the commission of the crime. While the firefighters were trying to break into the storeroom. 26. set fire on house no. On the day of the commission of the crime. 30.
for in accordance with article 4 of the Revised Penal Code. While the defeat of Marcos followed by such insulting parade. Quirino Lizardo were accused for the murder of Julio Nalundasan. thus it shall be discredited. all evidence intended to support or corroborate it must likewise fail. it being simply the incident of another act performed without malice. though perhaps an important consideration. the victim died after a few moments. the injury caused to another should be unintentional. Nanquil struck Severino with his gun. he was extremely disappointed in President Roxas for his alleged failure to redeem his promises made by him during the presidential election. it injured Simeon Varela and four other men. is not proof of the commission of a crime. He carried two hand grenades in Plaza Miranda and hurled it on the stage where the president was making a speech. he was determined to assassinate the president. Nanquil GR No. Marcos Facts: Mariano Marcos. even when the victim of the attack was not the one whom the defendant intended to kill. although it was not that of killing. even though it may not have been the intention of the actor to cause an evil of such gravity as that produced”. In throwing a hand grenade at the President with the intention of killing him. It is neither necessary nor profitable to examine the corroborative evidence presented by the prosecution. “in order that an act may be qualified as imprudence it is necessary that neither malice nor intention to cause injury should intervene. Julio won over Mariano for the office of representative of Ilocos Norte. criminal liability is incurred by any person committing a felony (delito) although the wrongful act done be different from that which he intended to do. L-1477 January 18. Julio was found dead. (d) When crimes may be committed without criminal intent ALONE IS NOT SUFFICIENT TO SUPPORT People vs. The primary witness of the prosecution was Lizardo’s bodyguard who said that he was there when the crime was committed and the motive was said to be the victory parade before Julio’s death. General Castaneda. He is therefore liable for all the consequences of his wrongful act. if it appears from the evidence that neither of the two persons could in any manner put up a defense against the attack. During the 1935 elections. The following night. Ramirez It must be noted that there could be no motive in this case because Ramirez and the victim were good friends. Julio’s men were said to have passed over Mariano’s house to humiliate the defeated candidate. might have irritated the herein defendants. the act should be qualified by the felony it has produced. In criminal negligence. 1950 Vena V.Criminal Law 1 Reviewer (Padilla cases and notes combined with Ortega Notes) US vs. When the grenade exploded. Decision: Yes. During the investigation. Decision: No. Divino OFFENSES PUNISHABLE AS MALA PROHIBITA (e) Intentional and Culpable Felonies Distinguished Decision: Yes. Issue: W/N the accused should be charged with a crime of homicide through reckless imprudence. 17933 March 23. much less of the guilt of the defendants-appellants. The Marcoses and Lizardo became the suspects. By and large. /vvverga Page 25 of 100 . his son Ferdinand Marcos and brother in law. Mariano’s archrival. where such intention exists. Hence. Verga Facts: Julio Guillen was found guilty beyond reasonable doubt of the crime of murder and multiple frustrated murder. Issue: W/N the parade was a sufficient motive to warrant a sentence. The qualifying circumstance of treachery may properly be considered. or became aware of it. the appellant acted with malice. Issue: W/N Julio Guillen is guilty of the crime charge considering that it was the president which he intended to kill and not Simeon Varela. Simeon died because of the injuries he sustained. kicked it away from the platform. During the victory parade. The accused having had no intention to commit so serious an evil as that which resulted. is inconsistent with reckless imprudence. the existence of a motive alone. FELONIES COMMITED BY MEANS OF CULPA See: US vs. According to the accused. PROOF OF MOTIVE CONVICTION People vs. Guillen GR No. and this intention. Where the principal and basic evidence upon which the prosecution rests its case fails. the court found the testimony of Aguinaldo to be inherently improbable and full of contradictions in important details. As a consequence. In the words of Viada. The act could not have been done deliberately. 1922 Facts: Nanquil was investigating a certain Severino Ramiscal for the theft of Juan Rosas’s carabao. because he did have the intention to do some evil unlawfully (maltreating the deceased). upon seeing the grenade. People vs. the crime committed by him cannot be that of homicide through reckless imprudence.
there is no criminal liability. Verga (f) (g) (h) People vs. In other words. Facts: The accused and Juana Buralo were sweethearts. was charged of malversation of public funds. there is no crime. Good faith negates intent. 6486 02 March 1911 Facts: The defendant. the accused followed the girl and her niece on their way home. acts are voluntary (People vs. if such ignorance or mistake of facts is sufficient to negate a particular intent which. each one for damages resulting from a breach of contract. there is good faith. struck and fatally wounded the intruder. The qualifying circumstance of treachery may properly be considered. Good faith is a defense and in this case. yet when the surrounding circumstances of the act are such that they leave no room for doubt that the intention was to kill the person fired upon. a justice of peace. get the gild and kill anyone who would stop him. After the devotion. One day. and in cases where. Ramirez) Acts that are negligently executed are voluntary Intent is shown by overt acts accused as justice of peace. in permitting the sums deposited with him to be attached in the satisfaction of the judgment rendered by him. was not unlawful. Issue: W/N Ah Chong should be acquitted because of mistake of fact. it was not proven that the accused justice of peace used the money for personal use. he was being attacked. Upon petition of the plaintiffs. When they were about to go up their house. under the provisions of article 1 of the Penal Code. except in those cases where the circumstances demand a conviction under the penal provisions governing negligence. after the defendant had gone to bed. ignorance or mistake of fact relieves tha accused from criminal liability (ignoratia facti excusat) MISTAKE OF FACT AS A DEFENSE People vs. US vs. The act committed. It appeared that the sureties on the said bonds were insolvent and that the defendants did not present new bonds within the time fixed by the /vvverga Page 26 of 100 . if it appears from the evidence that neither of the two persons could in any manner put up a defense against the attack. One night. he was awakened by some one trying to open the door. The circumstances proved that in Ah Chong’s mind.00 and a bond of Php 50. A crime is not committed if the mind if the person performing the act complained of be innocent (actus non facit reum. Would the facts been as he though them to be. under the law. the defendants deposited Php 16. and both were employed in the same place and usually slept in the same room. but the latter refused on account of the accused having frequently visited the house of a certain Carmen. Decision: Yes. a person voluntarily committing an act incurs criminal liability even though the act be different from that which he intended to commit. who turned out to be his roommate. Although the mere act of firing at a person is not proof per se of intent to kill.Criminal Law 1 Reviewer (Padilla cases and notes combined with Ortega Notes) Vena V. he will enter the house. In this case. at most a pure mistake of judgment. is a necessary ingredient of the offense charged it destroys the presumption of intent and works an acquittal. He rendered decisions in certain cases. so far as appears form the record. Good faith negates intent. the crime is not simply "discharge of firearm. Decision: That act of the accused. and called out twice. provided that the ignorance or mistake of fact was not due to negligence or bad faith. there is no crime. he seized a kitchen knife. Everything he did was in good faith under the belief that he was acting judiciously and correctly. nisi mes sit rea)." but homicide or murder as the case may be. the accused went to a house where Juana had gone to take part in some devotion. even when the victim of the attack was not the one whom the defendant intended to kill. Note: It is a prima facie evidence in Malversation that such missing funds or property have been put to personal use or used for personal ends by such person. Later on. the accused dismissed the appeals and ordered said sums attached and delivered to the plaintiffs in satisfaction of the judgment. a felony under Art. there would have been no crime. (i) Criminal Intent Presumed from Commission of the crime Mistake of fact – while ignorance of the law excuses no one (ignorantia legis non excusat). As required by law. Without intent. from which the defendants appealed. When there is no intent. regardless of the circumstances outside him. Issue: W/N the accused was guilty of the said crime considering that his actions were not contrary to law. or become aware of it. the accused fired a shot intended for Juana but which wounded Perfecta instead. Issues: W/N the accused is guilty of frustrated murder. an error of the mind operating upon a state of facts. The accused was prosecuted for malversation. Believing that he was being attacked. Ah Chong Facts: Defendant was a cook and the deceased was a house boy. Thereafter. Catolico GR No. the accused threatened that if Juana refuses to see him. the accused invited Juana to take a walk with him. Decision: Under such circumstances. Mabug-at in both. 217. Mistake of fact indicates good faith.00 for each case.
No criminal intent. which states that where there is no intent there is no crime. because he relied on the opinion of the provincial fiscal that unjust vexation does not involve moral turpitude and he thought it was not necessary to mention it in Civil Service Form No. Good faith is transferable (in this case. When there is no intention. to the husband). 4. 1902 Note: 1. The Court is in disagreement with this notion. Bautista) When the accused is negligent. When he testified in his defense. being an act mala prohibita has no bearing on the case because this is not a case of willful or conscious violation of a penal statue. does not relieve the accused from criminal responsibility (People vs. Note: There is no felony by dolo if there is no intent. 3. Gona). It appeared that he was previously prosecuted twice for perjury for answering ‘NO’ to the same question but he was acquitted on the first case and the second case was dismissed. Fernando) Vena V. the act would have been lawful. The women believed that she was born in 1879. they did not include in the counting booklets 4100 to 4120. 12089-CR Facts: Formaran was accused of a crime of perjury for having sworn to a Civil Service Form No. Decision: No. Good faith negates intent. no crime. The defendant was not liable for the crime because he had no intent to commit the crime. 2. Issue: W/N Formaran was unjustly prosecuted on the case at bar. Mistake of fact establishes good faith because have the facts been as she thought them to be. One cannot be convicted under Art. The defendants are in honest belief Good faith has many sources (a) Mistake of fact (b) Act is lawful The point is: when good faith is established. nor of ignorance of the law. there is no crime. The lower court was in agreement that the defendants did not intend to perpetuate the act. the intention of the accused in performing the act should be lawful. an act that falls within the sphere of ethics if there is not a moral wrong. Penalosa /vvverga Page 27 of 100 . the defendant claimed that he answered “No” to the question whether he had been accused of a violation of any law. Note: Lack of intent to commit a crime may be inferred from the facts of the case. They have no way of checking since the receipt copy signed by Coching when he received the ballots were not given to them. Thus. Issue: W/N Coching and the others are guilty of the crime charges. In the same instance. when the truth and in fact he had been charged with the offense of unjust vexation in a criminal case before the Justice of the Peace Court. it was held that in view of the factual background of the case. The case at bar is a case of ignorance of the fact. In order to assert without fear of mistake that in our Code the substance of a crime does not exist if there is not a deed. 475 when by reason of a mistake of facts there does not exist the intention to commit the crime. 1 before a notary public that he was never accused of a violation of any law before any court or tribunal. Coching Facts: Coching and several others were accused of falsification of public document and violation of the election code. Lack of intent to kill the deceased. it negates criminal intent. There is no crime of resistance when there is a mistake of fact (US vs. People vs. Decision: No. (People vs. Issue: W/N the husband and the wife violated the said provision of the Penal code Decision: A minor who marries without parental consent in the false belief that she is of age is not criminally responsible. People vs. It is not criminal negligence for a husband to rely upon his wife's statement of her age nor for the wife to rely upon that of her father. that so her parents gave her to understand ever since she was young. in violation of Art 475 of he old Penal Code which punished any minor who shall contract marriage without the consent of his or her parents. In mistake of fact.Criminal Law 1 Reviewer (Padilla cases and notes combined with Ortega Notes) GR No 424 January 27. according to the court. intention is immaterial. The act. In effect it suffices to remember the first article. Formaran No. Verga Facts: A minor married without parental consent. and she did not ask them concerning her age. the act of the defendant in answering “no” to the question can be considered only as an error of judgment and did not indicate an intention to commit the crime of perjury. mistake of fact is not a defense. 1. Conching and the others sincerely believed that booklets 4100 to 4120 were sample ballots because three ballots from the booklet were detached and two ballots were used to cover the openings of the boxes that was given to them before the election. People vs. But according to them. since the act is malum prohibitum – against a law/statute. the husband relied on the statement of his wife that she is of age when they got married. because the intention was to kill another.
or was really what be thought him to be. After some time. But in view of the evidence. The act being lawful. is not guilty of murder or homicide. natural. (1) PEOPLE vs. under the circumstances. de Fernando fired a shot in the air. Under the circumstances. Vena V. the accused moved towards the victim with big /vvverga Page 28 of 100 . have had to answer for his criminal act.G. The accepted rule is that an offender is always liable for the consequence of his criminal action even though the result be different from what he intended. While doing rounds in the barrio. the injury was accidental and the defendant should be acquitted. Jaime died after falling from his mother’s hold while the mother was freeing his father from Crisanto’s hold. Upholding the maxim ignorantia facti excusat as established in People vs. MISTAKE OF FACT NOT A DEFENSE See: People vs. The courts should judge the accused not by the facts as they later turned out to be but what they believed to be as facts at the time of the offense and the conditions obtaining them (US vs. Neither was there any indication that the accused was aware of the victim’s presence. Accused called out to the person to identify himself. He however. which makes said officer guilty of homicide through reckless negligence. Had the defendant tried to wound his adversary and instead had bit the bystander. 1. he would. which shows that Emigdio took part in the fight. Verga Committing a felony even if the consequences are unintended Elements: (a) Felony is committed A. Infuriated. which ensued between the defendant and a certain Pacas. SALINAS 62 O. of course. Article 4: Criminal Liability Facts: The accused was not satisfied with the slow raising of the anchor which caused him to abuse his men with offensive language. The person. Oanis People vs. and who enters a house to keep watch. acted with reckless negligence in failing to exercise the ordinary diligence that. who might be escaped prisoners from a nearby penitentiary. Ah Chong). logical consequence of felony committed When act is lawful XVII. BINDOY Facts: The accused was charged of the crime of homicide for wounding with his bolo Emigdio who was merely a spectator of the fight. did not answer thus. Defendants were acquitted. the accused fired directly at the man who turned our to be the nephew of the house. The residents of the barrio were alarmed of the news. it cannot be held that the accused was committing a crime and it cannot be said that the death of the child was a direct result of a crime. they saw a person going up the stairs dressed in dark clothes and carrying a bolo. VALDEZ Wrong done is direct. before shooting him. Issue: W/N Crisanto should be liable for the death of the baby Decision: No. (b) US vs. a policeman. as he seemed to have called somebody in the house. As the unknown person continued to ascend the stairs and believing that he was one of the escaped convicts. prowling around the vicinity. The defendant was acquitted. who does not answer the challenge of the officer of the law.Criminal Law 1 Reviewer (Padilla cases and notes combined with Ortega Notes) that the series of unused ballots were not official but sample ballots. Crisanto was holding the victim’s grandfather in order to prevent him from fighting with the defendant’s father. shoots and kills him. Decision: Yes. and the said agent of the law considering that the said stranger has not been recognized by any person in the household. to whom notice had been given of the presence of suspicious looking persons. he should have exercised by inquiring of the occupants of the house whether the stranger was known to them. de Fernando GR No 24978 27 March 1926 Facts: The accused. and thinking him to be an evil-doer. was informed that three convicts had escaped. 3186 Facts: Crisanto Salinas was charged for the death of Jaime Tibule. Issue: W/N Bindoy should be charged for killing Emigdio Decision: The appellant should be acquitted since there is no evidence. he was called by the daughter of a certain Delgado to inform him that three unknown persons were prowling around their house. Oanis. there could have been no crime committed. PEOPLE vs. An agent of the law. and later in the evening sees a person with a bolo in hand approaching the house in the -attitude of going up the stairs. Issue: W/N de Fernando was guilty of homicide through reckless negligence. One of the crew remonstrated that they would be able to work better if the accused stops insulting them. and continues his advance notwithstanding that the latter had fired a shot into the air.
which was the cause of the death. QUIANSON 62 PHIL. ILLUSTRE 54 PHIL. 162 Facts: The defendant. it is evident that the act in question should be qualified as homicide. the gasoline leaked soaking the soil underneath thus. (ii) Definition /vvverga Page 29 of 100 . The defendant took hold of a firebrand and applied it to the abdomen of the man who pestered him. causing said bus to overturn. The fact that other causes contribute to the death does not relieve the actor of responsibility. the appellant dragged the deceased towards the streets and stabbed her in the chest with the fan knife. That the victim had a delicate condition and suffered from incipient tuberculosis does not affect criminal liability of the defendant who gave him a severe blow.Criminal Law 1 Reviewer (Padilla cases and notes combined with Ortega Notes) knife threatening to stab him. There is intention in the commission of the crime because when a person who stabs another with a lethal weapon. In this jurisdiction. The victim was said to have died from shock. Victim was treated in the hospital but died. Decision: Yes. who was in charged in making sure that the roasted pig will not be consumed before the end of the parade gave a blow to Juan Magsino who tried getting a piece of the pig. (2) Blow was proximate cause of death PEOPLE vs. the assailant us responsible for homicide in case death results by drowning. REYES 61 PHIL. even of the weakened condition made the blow more fatal. the vehicle zig-zagged into a canal. Issue: W/N the defendant should be liable for his crew’s death Decision: Yes. The accused is presumed to have intended the natural consequences of the wrongful act. threw himself in water and never resurface. which determined his death. vs. died from the explosion of the bus of which he was a passenger. a criminal assault is directed reasonably believes himself to be in danger of death or great bodily harm. when the rescuers came with torches came near the bus. ET AL. Issue: W/N the overturning of the bus was the proximate cause of the death. believing that he is going to be killed. The crew’s death was a consequence of the defendant’s action. (i) How proximate cause is determined VDA. If a person against whom. Thus. (1) PEOPLE vs. Issue: W/N the defendant should be held liable for the death of the victim. Before the explosion. impelled by the instincts of self-preservation. The reason that when the vehicle turned. Decision: Yes. 544 Facts: The defendant. the leaking of the gasoline was the natural consequence. Blow was efficient cause of death Vena V. was convicted of a crime of homicide for the death of Andres Aribuabo. A person is responsible for the consequences of his criminal act even of the deceased have been shown to be suffering from a deceased heart (which was not shown). Issue: W/N the appellant should be acquitted considering the fact that the wound was only a slight one Decision: No. It was also natural that the rescuers would innocently approach the bus to extend aid. Juan died of internal hemorrhage and contusion on the liver. When the victim tried to end their affair. a d in order to escape jumps into water. Issue: W/N Quianson should be held liable for the death of the victim Decision: One who inflicts an injury on another is deemed by law to be guilty of homicide if the injury contributes mediately or immediately to the death of the victim. Defendant contends that the victim would have survived if he did not remove the drainage placed to isolate the infection. The girl died from shock as a result of the wound inflicted by the defendant. Due to overturning of the bus. 181 Facts: The victim. the burning of the bus was a natural cause and should be attributed to the negligence of the driver and the conductor. There was no intent but this does not extinguish the crime. it is a well settled that such is not the law. 341 Facts: The appellant and victim were having an illicit relationship. It was the defendant’s blow in the right hypocondrium. MEDINA 102 PHIL. death could reasonable be anticipated. he should be responsible. husband of the petitioner. which the appellant inflicted upon the deceased. Appellant’s assault being the proximate cause of the death. was the cause. DE BATACLAN. Verga the efficient cause of the death remains the same. As the wound. which bruised the liver and produced internal hemorrhage. a deranged person who constantly asked for food from the former. the bus was set on fire. PEOPLE vs. The victim.
Criminal Law 1 Reviewer (Padilla cases and notes combined with Ortega Notes) URBANO vs. and without which. PALALON The defendant was convicted of homicide largely on the testimony of a young physician who stated. he who caused such acceleration is responsible for the death as the result of an injury willfully and unlawfully inflicted. the child was brought home sick by his father. the defendant cannot be held liable for said death. the accused should be acquitted. it is the duty of the physician performing the post mortem. No autopsy of the body was made and the physician admitted that his conclusions were partly based upon the statements of the members of the family of the deceased. it was proven that fever was prevalent among the children in the locality thus. Held: That the testimony of the physician was not conclusive and that the ecchymosis described by him might have been nothing. Two days later. that he examined the body of the deceased on the day after the commission of the crime and found ecchymosis on the body from which he concluded that hard blows had been inflicted on the deceased and that as a result thereof. That same afternoon. Proximate cause it the case. the child died. but suggillations or "death spots" formed after the death. and even though the victim may have been previously affected by some internal malady. The hacking incident could not have been the cause of the victim’s death since the tetanus appeared only on the 22nd day after the hacking incident. (iv) Death attributable to tetanus URBANO vs. Issue: W/N the defendant should be held liable for the death of the child. Even though a blow with the fist or a kick does not cause any external wound it may easily produce inflammation of the spleen and peritonitis and cause death. yet if a blow with the fist or foot accelerated death. Furthermore. as the child lain on a damp floor. the child died. Appellant therefore should be acquitted. defendant struck him on the thighs with a slipper. Issue: W/N the hacking incident can be considered a proximate cause of Marcelo’s death. The child fell but continued to work. the victim continued working. Decision: No. Marcelo was only hit in the palm and while the wound was healing. there was a congestion of the right lung which was the principal cause of the death. wherefore the latter fell to the ground and had hardly risen and started to walk when he again fell down dead. Since there may be other efficient causes of the death. One-half days later. RODRIGUEZ Facts: The defendant was charged with having dealt with Manciano Magno with two blows which knocked the victim down. Embate was acquitted. in the abdomen and in the back. /vvverga Page 30 of 100 . there is reasonable doubt as to the true cause of the death. One day. It is a rule that in criminal conviction. The doctor testified it was the blow which was the cause of the death. unbroken by any efficient intervening cause. (c) When there is an intervening cause US vs. Decision: When the fact is well established that the accused struck the victim twice with his fist. The child did not obey thus. It was found that Magno provoked the defendant. he died from tetanus. the proof that the accused caused the victim’s death must convince a rational mind beyond reasonable doubt. which in natural and continuous sequence. In case of death under suspicious circumstances. it is logical to assume that there may be other causes other than the hacking incident. PALALON 49 PHIL. It is possible that the victim may have been inflicted with a mild tetanus but since Javier died only two or three days from the onset. the result would not have occurred. It appears that the examination of the body was incomplete and the conclusion of the doctor have been much more than mere guesses. INTERMEDIATE APPELLATE COURT (4) Blow accelerated death PEOPLE vs. in substance. 177 Facts: Appellant was found guilty of the crime of homicide for the death of a child whom he slapped after answering insolently. (iii) When felony committed not proximate cause: (3) Intervening active force. which is distinct and absolutely foreign to felonious act of accused (i) Resulting injury is due to intentional act of victim (ii) Death attributable to fever prevalent in locality Vena V. produces injury. defendant ordered said child to transfer. the crime committed is rightly classified as homicide and the accused is responsible therefore. A fight ensued between the two when Urbano learned that Javier opened the floodgates thereby causing his palay to be flooded. Decision: No. examination to exercise PEOPLE vs. After 22 days. Verga (iii) Cause of death not proved US vs. Since the cause of the death was unknown. INTERMEDIATE APPELLATE COURT 157 SCRA 1 Facts: Urbano was charged for the crime of homicide for the death of Marcelo Javier. EMBATE Facts: The child has been seriously ill for three weeks. Decision: No. Issue: W/N the defendant should be held liable for the death of the child.
The accused is then liable for all acts contrary to law and their natural and logical consequences. could be restored to substantially its normal condition by a surgical operation. (1) Error in personae: mistake in identity of victim PEOPLE vs. 242). QUIANSON Where it does not appear that the victim. Verga (1) Victim refused medical attendance or surgical operation PEOPLE vs. (d) Even if unintended. cannot lessen the assailant's responsibility. he should have been found guilty of homicide through negligence under paragraph 1 of article 568 of the Penal Code and not of the graver crime of intentional homicide. SUPRA (ii) Nervousness or temperament of victim PEOPLE vs. That he made a mistake in killing one man instead of another. or both.. even that. that the finger. beyond the time that it should have taken. REYES. simply because the doctor was of opinion that the wound might have healed in seven days. he would nevertheless have been guilty of homicide. (2) Victim did no know how to swim US vs. A person injured in an assault is not obliged to submit to a surgical operation to relieve the person who assaulted him from the results of his crime. and since the defendant did commit the crime with treachery. but because of his nervous condition due to the wound inflicted by said assailant. but his attorney argues that in view of the fact that said defendant had no intention to kill the deceased and committed the crime by mistake. had acted voluntarily and with the knowledge that he was performing an act prejudicial to his health. CAGOCO Keywords: Fell backwards Decision: Under the circumstances of this case the defendant is liable for the killing of the deceased because his death was the direct consequence of defendants felonious act of striking him on the head. such act of the victim does not have the effect of altering the natural juridical consequences of the punishable act of the accused all the more because. in removing the drainage from his wound. according to the opinion of the physician who attended him." (2) Aberratio ictus: mistake in the blow PEOPLE vs. although useless at present. a motion for a new trial will be denied when based upon the allegation that appellant would be able to prove. when it is proved that he acted maliciously and willfully. ILLUSTRE. In the case of United States vs. ALMONTE When a person dies in consequence of an internal hemorrhage brought on by moving about against the doctor's orders. /vvverga Page 31 of 100 . If the defendant had not committed the assault in a treacherous manner. MARASIGAN Where it appears from the evidence in the case that the appellant inflicted a wound upon the complaining witness which destroyed the use of one of the fingers of the left hand. Mendieta (34 Phil. the crime is homicide and not merely slight physical injuries. the victim was mentally deranged. cannot relieve him from criminal responsibility. and because his responsibility cannot be lessened on account of the bad state of health and the weakened constitution of the victim. as this should be attributed to his pathological condition and to his state of nervousness and restlessness on account of the physical pain caused by the peritonitis from which he was suffering. (iii) Causes inherent in victim: (1) Addiction to tuba drinking US vs. although he did not intend to kill the deceased. Neither do we believe that the fact that he "And any such person who shall make a false or fraudulent return shall be punished by a fine not exceeding ten thousand pesos or by imprisonment for a term not exceeding two years. This contention is contrary to earlier decisions of this court. PEOPLE vs. (1) Instances not constituting efficient intervening cause: (i) Weak or diseased physical condition of victim Vena V. if opportunity were given. in no way could be considered as a relief from his criminal act. because he is responsible for all the consequences of the personal injury which was produced by the act that he had willfully performed in violation of a prohibitive law. SUPRA (iv) Neglect of victim or third person: US vs. BAYUTAS The fact that the victim was addicted to the habit of drinking tuba. OANIS PEOPLE vs. SUPRA PEOPLE vs. as the defense itself claims. VALDEZ. he is guilty of murder because of the presence of the qualifying circumstance of treachery. not because of carelessness or a desire to increase the criminal liability of his assailant. on account of which it is admitted that his constitution and physical condition retarded the healing of his wounds. in view of the mortal wound which he inflicted upon the latter. MABUG-AT (3) Prater intentionem: injurious result is greater than that intended PEOPLE vs. GONA There can be no doubt that the defendant killed Mapudul and that he is guilty of the crime charged.Criminal Law 1 Reviewer (Padilla cases and notes combined with Ortega Notes) the utmost care and not draw unwarranted conclusions from external appearances susceptible of different interpretations. the court said: "Even admitting that the defendant intended to injure Hilario Lauigan instead of Pedro Acierto.
impossible crimes are recognized. Acts of lasciviousness require a victim to be a woman only when it is committed under circumstances of seduction. However. If it is committed under the circumstances of rape. impelled by the instinct of self preservation. A readily welcomed the fellow inside his car and he continued driving. this means that under any and all circumstances. The act performed would have been constituted a crime against chastity. And under Article 4." In that case. went inside the room of his master. with the new rape law amending the Revised Penal Code and classifying rape as a crime against persons. placed himself on top of her and abused her. however.Criminal Law 1 Reviewer (Padilla cases and notes combined with Ortega Notes) Vena V. will render useless the provision in Article 4. there is employment of violence or intimidation or the victim is deprived of reason. Even if the victim is a man. Ubi lex non distinguit nee nos distinguiere debemos. deserves no consideration. Is an impossible crime committed? If not. if this was done against the will of the passenger. Under Article 336. 2. The impossibility of accomplishing the criminal intent is not merely a defense. all circumstances which prevented the consummation of the offense will be treated as an accident independent of the actor's will which is an element of attempted and frustrated felonies. but he found out that his passenger was not a woman but a man. act performed is against property 2. it is now possible that an impossible crime was committed. and so he pushed him out of the car. Impossible crime Question & Answer 1. A started kissing his passenger. Furthermore. GARDON If a person against whom a criminal assault is directed reasonably believes himself to be in danger of death or great bodily harm and in order to escape jumps into the water. It was also the habit of the houseboy that whenever she enters her room. An impossible crime is true only if the act done by the offender constitutes a crime against person or property. the crime of acts of lasciviousness is committed. It is customary for the spinster to sleep nude because her room was warm. not knowing that she was already dead five minutes earlier. The determined resolution to do the victim wrong was evident when. the victim may be a man or a woman. is there any crime committed at all? It cannot be an impossible crime. The act performed should not constitute a violation f another provision of the RPC INTOD vs. the crime could not have materialized. If the crime could have materialized under /vvverga Page 32 of 100 . the phrase "inherent impossibility" that is found in Article 4(2) of the Revised Penal Code makes no distinction between factual or physical impossibility and legal impossibility. PEOPLE vs. and gave him fist blows. therefore. CA In our jurisdiction. The factual situation in the case at bar presents a physical impossibility which rendered the intended crime impossible of accomplishment. that the crime might also fall under the Revised Administrative Code – desecrating the dead. Is an impossible crime committed? Yes. That its accomplishment is inherently impossible or the means employed is either inadequate or ineffectual 4. he cruelly asked "are you already dead?" Appellant's bid for acquittal in his sixth assignment of error. the assailant is responsible for homicide in case death results by drowning Appellant should likewise be chargeable with Homicide. Before. paragraph 2 of the Revised Penal Code. IMPOSSIBLE CRIMES Requisites: 1. 1. but an act penalized by itself. A was driving his car around Roxas Boulevard when a person hitched a ride. A suddenly swerved his car inside. The crime is physical injuries or acts of lasciviousness. meaning to say. he climbed into the ceiling. Because this person was exquisitely dressed. There are two ways of committing acts of lasciviousness. when the houseboy could no longer resist the urge. Cause of the cause is the cause of the evil caused An impossible crime is an act which would be an offense against person or property were it not for the inherent impossibility of its accomplishment or on account of the employment of inadequate or ineffectual means. the act performed by the offender could not have been a crime against person or property. which makes a person criminally liable for an act "which would be an offense against persons or property. This is a crime that is not limited to a victim who is a woman. Finally. where the acts of lasciviousness were committed under circumstances of rape. When he reached a motel. The essence of an impossible crime is the inherent impossibility of accomplishing the crime or the inherent impossibility of the means employed to bring about the crime. were it not for the inherent impossibility of its accomplishment x x x. Verga 2. because the act would have been a crime against chastity. the houseboy would follow and peek into the keyhole. II. That the act was done with evil intent 3. Accused was a houseboy in a house where only a spinster resides. Note. The mitigating circumstance of lack of intent to commit so grave a wrong cannot be appreciated in appellant's favor. even after the victim had disappeared beneath the surface of the sea. such is sufficient to make the act an impossible crime. When we say inherent impossibility. To uphold the contention of respondent that the offense was Attempted Murder because the absence of Palangpangan was a supervening cause independent of the actor's will.
an attempted homicide. Scott and Charles are roommate in a boarding house. The fact that the vault had turned out to be empty is not really inherently impossible to commit the crime of robbery. Under Article 4. the crime could not have been realized. But in a department store. an impossible crime would be constituted if a person who was thinking that it was a poison that he was putting into the food of the intended victim but actually it was vetsin or sugar or soda. He was just surprised to find out that there was an electric cord plugged to the outlet and the other hand to the door knob. when it was already closed. Under any and all circumstances. Verga 5. If it were a case of poisoning . Scott is working in an electronic shop where he received a daily dosage of electric shock. she developed a physical condition that rendered her so strong and resistance to any kind of poisoning. when he started squeezing the trigger. he would be electrocuted. he is a criminal. /vvverga Page 33 of 100 . The reason is an offender is punished for an impossible crime just to teach him a lesson because of his criminal perversity. none of them discharged. it would be an attempted felony. The crime committed is frustrated parricide. Was an impossible crime committed? No. it is not an impossible crime. A and B were lovers. So it implies that if the woman was not of such physical condition. no crime is committed. Scott leaves for work but before leaving he would lock the food cabinet where he kept his food. It is. When Scott opened the doorknob. but the revolver did not discharge because the bullets were old. assuming that he did not lay his hands on any other article. He went directly to the room where the safe or vault was being kept. Do not confuse an impossible crime with the attempted or frustrated stage. against persons and those against property under Title X. If really the facts constitute an impossible crime. Hence. but subjectively. employing the same mean or the same act. paragraph 2. if the act done does not amount to some other crime under the Revised Penal Code. what crime is possibly committed? This is not an impossible crime. Although objectively. he will not be liable for an impossible crime. That is only true if there is nothing more to steal. got the revolver of his father. If the question asked is: “Is an impossible crime committed?”. and therefore. A. then you suggest than an impossible crime is committed. this is a catching question. It was purely accidental that the firearm did not discharge because the bullets were old. it is not inherently impossible to realize the killing. 3. There are other things that he could take. so the amount of poison applied to her breakfast has no effect to her. because under any and all circumstances. shot B. when Scott comes home to open the door knob. The crime committed therefore is attempted robbery. he did not realize that the firearm was empty. therefore. nothing happened to him. Whether an impossible crime was committed or not? It is not an impossible crime.Criminal Law 1 Reviewer (Padilla cases and notes combined with Ortega Notes) a different set of facts. then you state the reason for the inherent impossibility. it would have fired. Everyday. Is there an impossible crime? No impossible crime is committed because the fact itself stated that what prevented the poison from taking effect is the physical condition of the woman. But if due to the quantity of vetsin or sugar or soda. 6. There is an impossible crime. be careful about the question asked. Because of the volume of the household chores that the wife had to attend to daily. he placed a little dose of arsenic poison into the breakfast of the wife. Is an impossible crime committed? If not. he got an electric cord tied the one end to the door knob and plugged the other end to an electric outlet. The means employed is not inherently impossible to bring about the consequence of his felonious act. but the safe was empty. That purpose of the law will also be served if he is prosecuted for some other crime constituted by his acts which are also punishable under the RPC. This could not be trespass to dwelling because there are other things that can be stolen. He will be prosecuted for the crime constituted so far by the act done by him. Vena V. not only the money inside the vault or safe. If the question asked is “Is he liable for an impossible crime?”. The idea was that. One day. then it would not be a case of impossible crime anymore. There was no bullet at all. He succeeded in opening the safe. impossible crime is true only when the crime committed would have been against person or against property. But if let us say. It would be a case of physical injuries. Even though the facts constitute an impossible crime. Charles resented this. and every morning. then you judge that question on the basis of the facts. Whenever you are confronted with a problem where the facts suggest that an impossible crime was committed. if the act done by the offender constitutes some other crimes under the Revised Penal Code. The wife consumed all the food prepared by her husband including the poison but nothing happened to the wife. the intended victim developed LBM and was hospitalized. A and B are enemies. an unloaded firearm will never fire. B was willing to marry A except that A is already married. An impossible crime is true only to any of those crimes. A entered a department store at about midnight. where there is plenty to steal. the poison would have taken effect. A thought of killing his wife. What prevented the consummation of the crime was because of some cause independent of the will of the perpetrator. He prepared her breakfast every morning. upon seeing B. Unknown to Charles. important to know what are the crimes under Title VIII. That is a cause other than the spontaneous desistance of the offender. 4. If they were new.
Criminal liability – Criminal liability shall be By any person committing a felony (delito) although the wrongful act be different from that which he intended. this idea of an impossible crime is a one of last resort. CA. the criminal liability should be for such other felony and not for an impossible crime. all four fired at and riddled said room with bullets. An impossible crime is a crime of last resort. Paragraph 2 refers to a situation where the wrongful act done did not constitute any felony. In other words.Criminal Law 1 Reviewer (Padilla cases and notes combined with Ortega Notes) 7. and so some members of the bench and bar spoke out against the soundness of the ruling. the decision depreciated the seriousness of the act committed. Paragraph 1 refers to a situation where the wrongful act done constituted a felony although it may be different from what he intended. But to play safe. the same is penalized to repress criminal tendencies to curtail their frequency. If you want to play safe. to wit: Art 4. the prevailing attitude was that the provision of the Revised Penal Code on impossible crime would only apply when the wrongful act. Otherwise. four culprits. unknown to the culprits. /vvverga Page 34 of 100 . we have to respect its ruling. 215 SCRA 52. because on the basis of the facts stated. the Supreme Court has spoken. The Court of Appeals affirmed the judgment but the Supreme Court modified the same and held the petitioner liable only for the so-called impossible crime. just to teach the offender a lesson because of his criminal perversity. Although the act done by A against B constitutes an impossible crime. a redundancy and duplicity would be perpetrated. but because the act would have given rise to a crime against persons or against property. A shall be liable for qualified trespass to dwelling. if such act constituted any other felony although different from what the offender intended. this felonious act negates the idea of an impossible crime. thinking that the intended victim was already there as it was about 10:00 in the evening. A and B are neighbors. The attitude was so because Article 4 of the Code provides two situations where criminal liability shall be incurred. it is the principle of criminal law that the offender shall be punished for an impossible crime only when his act cannot be punished under some other provisions in the Revised Penal Code. As a result. Modified concept of impossible crime: In a way. that is. the offender will not be prosecuted for an impossible crime but for _____ [state the crime]. petitioneraccused was sentenced to imprisonment of only six months of arresto mayor for the felonious act he committed with intent to kill: this despite the destruction done to the intended victim’s house.. If the question is “Is an impossible crime is committed?”. 2. regardless of whether the wrongful act was an impossible crime against persons or against property. would the criminal liability be for an impossible crime? Until the Intod case. Somehow. Is A liable for an impossible crime? No. Because it is a principle in criminal law that the offender can only be prosecuted for an impossible crime if his acts do not constitute some other crimes punishable under the Revised Penal Code.00. instead of using firearms. If he could be taught of the same lesson by charging him with some other crime constituted by his act. A thought of killing B so A climbed the house of B through the window and stabbed B on the heart. incurred: 1. In the Intod case. It so happened that the intended victim did not come home on the evening and so was not in her bedroom at that time. the penalty is fixed at arresto mayor or a fine from P200.00 to P500. Some asked questions: Was it really the impossibility of accomplishing the killing that brought about its non-accomplishment? Was it not purely accidental that the Vena V. the concept of impossible crime has been modified by the decision of the Supreme Court in the case of Intod v. Verga intended victim did not come home that evening and. the wrongful acts of the culprits caused destruction to the house of the intended victim. then that will be the proper way. Because criminal liability for impossible crime presupposes that no felony resulted from the wrongful act done. thus. an impossible crime is committed. went to the intended victim’s house and after having pinpointed the latter’s bedroom. depending on the “social danger and degree of criminality shown by the offender” (Article 59). yet it is a principle of criminal law that he will only be penalized for an impossible crime if he cannot be punished under some other provision of the Revised Penal Code. the answer is yes. considering the lawlessness by which the culprits carried out the intended crime. where a felony resulted. believing she was there when in fact she was not. were it not for the inherent impossibility of its accomplishment or on account of the employment of inadequate or ineffectual means. There is no logic in applying paragraph 2 of Article 4 to a situation governed by paragraph 1 of the same Article. not knowing that B died a few minutes ago of bangungot. add another paragraph: However. By any person performing an act which would be an offense against persons or property. the culprits set fire on the intended victim’s house. which would have constituted a crime against persons or property. she was not in her bedroom at the time it was shot and riddled with bullets? Suppose. But whether we agree or not. Otherwise. all armed with firearms and with intent to kill. could not and did not constitute another felony. They are jealous of each other’s social status. you state there that although an impossible crime is constituted. In this case. Eventually the culprits were prosecuted and convicted by the trial court for attempted murder. et al.
Criminal Law 1 Reviewer (Padilla cases and notes combined with Ortega Notes) NO CRIME UNLESS THERE IS A LAW PUNISHING IT When a person is charged in court. under the article. but apply the provisions of the law of the facts given. Mere demanding of an amount different from what the law authorizes him to collect will already consummate a crime. D asked him who was sick in the family. When a person starts entering the dwelling of another. After that. they parted ways. The proper judgment is acquittal. Before this. he met D. it is always in the consummated stage. you are not allowed to speculate. But even certain crimes which are punished under the Revised Penal Code do not admit of these stages. Where the court finds the penalty prescribed for the crime too harsh considering the conditions surrounding the commission of he crime. Overt act begins when the husband mixed the poison with the food his wife is going to take. the law uses the word “demanding”. In criminal law. If the offender has not yet performed all the acts of execution – there is yet something to be performed – but he was not able to perform all the acts of execution due to some cause or accident other than his own spontaneous desistance. Vena V. The penalties are graduated according to their degree of severity. In the attempted stage. then you have an attempted felony. A and B are husband and wife. in illegal exaction under Article 213 is a crime committed when a public officer who is authorized to collect taxes. Is the charge correct? No. There are felonies which do not admit of division. whether the taxpayer pays the amount being demanded or not. not to imagine what crime is intended. A met C who was willing to marry him. Payment of the amount being demanded is not essential to the consummation of the crime. shall demand an amount bigger than or different from what the law authorizes him to collect. But the act of entering is an ingredient of robbery with force upon things. The stages may not apply to all kinds of felonies. Under sub-paragraph a of Article 213 on Illegal exaction. This is significant. The purpose of classifying penalties is to bring about a proportionate penalty and equitable punishment. The word "directly’" emphasizes the requirement that the attempted felony is that which is directly linked to the overt act performed by the offender. he went to the drugstore and bought arsenic poison. In the attempted stage. the court will acquit the accused and the judge will give his opinion that the said act should be punished. criminal liability correspondingly does not begin. The policemen asked A if he was planning to poison B and A said yes. Police arrested him and charged him with attempted parricide. A thought of eliminating B and to poison her. Literally. You could only hold him liable for attempted robbery when he has /vvverga Page 35 of 100 . but he is already married. there is no attempted stage yet. that act is already trespassing. For example. This does not apply to crimes punished under special laws. (2) Question & Answer STAGES IN THE COMMISSION OF FELONY The classification of stages of a felony in Article 6 are true only to crimes under the Revised Penal Code. the definition uses the word “directly”. licenses or impose for the government. and therefore. then the crime is already in the frustrated stage. Article 5 covers two situations: (1) The court cannot convict the accused because the acts do not constitute a crime. Verga The difference between the attempted stage and the frustrated stage lies on whether the offender has performed all the acts of execution for the accomplishment of a felony. Formal crimes Formal crimes are crimes which are consummated in one instance. the judge should impose the law. So. the acts so far performed may already be a crime or it may be just an ingredient of another crime. The most that he could do is to recommend to the Chief Executive to grant executive clemency. not the felony he has in his mind. So the policemen went to A’s house and found A still unwrapping the arsenic poison. A confided to D that he bought the poison to poison his wife in order to marry C. In criminal law. and the court finds that there is no law applicable. An overt act is that act which if allowed to continue in its natural course would definitely result into a felony. D went directly to the police and reported that A is going to kill his wife. So also. On the way out. if the act so far being done does not begin a felony. in oral defamation. Not any act will mark the beginning of a felony. there is no attempted oral defamation or frustrated oral defamation. but the court is mandated to report to the Chief Executive that said act be made subject of penal legislation and why. if the offender has performed all the acts of execution which should produce the felony as a consequence but the felony was not realized. there is such a thing as preparatory act. You will notice that the felony begins when the offender performs an overt act. These acts do not give rise to criminal liability.
When A entered the house through the window. because there was desistance. To a layman. If under the definition of the felony. It does not mean. Beside the man was a bag containing picklocks and similar tools. but there may be other felony constituting his act. You only hold him liable for an attempt. He found out that the man entered his sala by cutting the screen on his window. Desistance is true only in the attempted stage of the felony. But B's wound was not mortal. There are some acts which are ingredients of a certain crime. the only conclusion that will come to your mind is that this fellow started to enter the store to steal something. Question & Answer A awakened one morning with a man sleeping in his sofa. illegal possession of picklocks and similar tools is a crime. Thus. The act of entering alone is not yet indicative of robbery although that may be what he may have planned to commit. In law. he could not be prosecuted for qualified trespass. under Article 304 of the Revised Penal Code. he can be prosecuted for two crimes: (1) qualified trespass to dwelling. and The nature of the crime itself. the accused was arrested while he was detaching some of the wood panels of a store. she may already be the victim of lascivious acts. since the act of removing the panel indicates only at most the intention to enter. however. He can only be prosecuted for trespass. The crime committed is attempted homicide and not physical injuries. Do not go far and imagine what you should do. One evening. He would not be there just to sleep there. The attempted stage was erased because the offender desisted after having commenced the commission of the felony. Namaja. But in criminal law. He was already able to detach two wood panels. there are three criteria involved: (1) (2) (3) The manner of committing the crime. and (2) illegal possession of picklocks and similar tools. Other than that. by themselves. Desistance Desistance on the part of the offender negates criminal liability in the attempted stage. that offender will still be criminally liable for the felony brought about his act. What is negated is only the attempted stage. I will kill you. “Now you are dead. Qualified trespass because he did so by cutting through the screen. If you were to prosecute this fellow. What A then did was to approach B. your desire may lead to acts of lasciviousness. The desistance was with the second shot and would not affect the first shot because the first shot had already hit B. no amount of desistance will negate criminal liability. so far as could be reasonably linked to the overt act done by him. the act done is already in the frustrated stage. There was force applied in order to enter. In abduction. A has a very seductive neighbor in the person of B. Dwelling is taken as an aggravating circumstance so he will be prosecuted for attempted rape aggravated by dwelling. He. already criminal offenses. Can a be accused of attempted rape? No. Verga The spontaneous desistance of the offender negates only the attempted stage but not necessarily all criminal liability. Namaja was prosecuted for attempted robbery. he entered the house of B through the window to abuse her. The attempted felony is erased by desistance because the offender spontaneously desisted from pursuing the acts of execution. In deciding whether a felony is attempted or frustrated or consummated. The crime is not attempted abduction but acts of lasciviousness. Even though there was desistance on the part of the offender. and A went out of the window again. Vena V. and told B. it is always presumed to be against the will of the owner. the attempted stage is only that overt act which is directly linked to the felony intended to be committed. after A saw B at her house and thought that B was already asleep. /vvverga Page 36 of 100 . found out that B was nude. In so far the woman being carried is concerned. not complex because one is not necessary means to commit the other. so he lost interest and left. The second attempt has nothing to do with the first. that there is no more felony committed. however. if the desistance was made when acts done by him already resulted to a felony. but the latter screamed. In another instance. Illustrations: A fired at B and B was hit on the shoulder. but which are. The removal of the panelling is just an attempt to trespass. because there was an intention to kill. which is not intended for entrance.Criminal Law 1 Reviewer (Padilla cases and notes combined with Ortega Notes) already completed all acts performed by him directly leading to robbery. The elements of the crime. He may be liable for a consummated felony constituted by his act of trespassing. which prevented the crime from being consummated. not an attempt to rob. If the offender proceeded to abuse the woman. In US v.” But A took pity and kept the revolver and left. the Supreme Court held it is only attempted trespass because that is the crime that can be directly linked to his act of removing the wood panel. Although. for what crime are you going to prosecute him? The act done by him of entering through an opening not intended for the purpose is only qualified trespass. A had always been looking at B and had wanted to possess her but their status were not the same.
Because of this reasoning by the Court of Appeals in People v. arrested him.the giver and the receiver. there is no meeting of the minds. it cannot be said that the offender has performed all the acts of execution. But indirect bribery is always consummated. it requires the connection of the offender and the offended party. Actually. Do not think that because the corruptor has already delivered the money. Orita. Hence. if there is a meeting of the minds. no frustrated stage. the offense is consummated. there is only an attempted adultery. If the public officer was arrested. If it has not begun to burn. No matter what the offender may do to accomplish a penetration. the moment it begins to burn. and. that means that the offender has not yet performed all the acts of execution. they cannot arise without the other. when a public officer demands a consideration by official duty. There is no frustrated adultery. Because of that. the moment any particle of the premises intended to be burned is blackened. if there was no penetration yet. If that link is there. Can the crime of frustrated bribery be committed? No. there is no way of stating that the offender has already performed all the acts of execution. the corruption is already beyond the attempted stage. the receiver has no intention of being corrupted. No penetration at all. For this reason. (Incidentally. but he had reported the matter to higher authorities. For instance. you cannot have a consummated corruption without the corresponding consummated bribery. The public officer received the money but just the same. bribery is the crime of the receiver not the giver. Similarly. the Supreme Court followed the analysis that one cannot say that the offender in the crime of arson has already performed all the acts of execution which would /vvverga Page 37 of 100 . The manner of committing the crime requires the meeting of the minds between the giver and the receiver.) The confusion arises from the fact that this crime requires two to commit -. it is only possible in the attempted stage. only corruption. unless a part of the premises has begun to burn. Without the resulting felony. That thinking does away with the concept of the crime that it requires two to commit. the frustrated stage of arson has been eased out. If you have bribery only. it is possible only in the attempted stage. A corruptor gives money to a public officer for the latter not to prosecute him. there is consummated bribery or consummated corruption. do not think that because the public officer already had the money in his possession. Only attempted or consummated. no matter how slight. This is because the supposed corruptor has no intention to corrupt. he has already performed all the acts of execution. It does not admit of the frustrated stage. Because of this. but actually. It is not possible for him to perform all the acts of execution because in the first place. In arson. When the giver delivers the money to the supposed receiver. the crime is consummated. the common concept of bribery is that it is the act of one who corrupts a public officer. Slightest penetration or slightest connection. If the one to whom the demand was made pretended to give. This is because the manner of consummating the crime does not admit of attempt or frustration. Actually. He received the money to have evidence of corruption. It is in such felonies that the frustrated stage does not exist because without the felony being accomplished. In rape. the crime is consummated. if such link is absent. The crime of the giver is corruption of public official. when it takes two to commit the crime. rape admits only of the attempted and consummated stages. On the other hand. This was the ruling in the case of People v. there could hardly be a frustrated stage. the crime of adultery. You will notice that under the Revised Penal Code. The essence of the crime is carnal knowledge. This is because it requires the link of two participants. has already performed all the acts of execution which could produce the destruction of the premises through the use of fire. As far as the stage is concerned. There is no middle ground when the link is there and when the link is absent. but there is no meeting of the minds. in the crime of arson. there are felonies where the offender can only be determined to have performed all the acts of execution when the resulting felony is already accomplished. Bribery is the crime of the public officer who in consideration of an act having to do with his official duties would receive something. there is only an attempted stage. The reasoning is that one cannot say that the offender. This is also true in the crime of arson. there is no way of determining whether the offender has already performed all the acts or not. the only act done by the giver is an attempt. On the other hand. There cannot be a consummated bribery without the corresponding consummated corruption. the frustrated stage overlaps the consummated stage.Criminal Law 1 Reviewer (Padilla cases and notes combined with Ortega Notes) Vena V. Giving the idea that these are independent crimes. Once there is penetration already. there is no bribery. the frustrated stage is already standing on the consummated stage except that the outcome did not result. This leaves out the frustrated stage because of the manner of committing the crime. The law called the crime of the giver as corruption of public official and the receiver as bribery. that is already an indication that the premises have begun to burn. An example of this is the crime of rape. consummated. it is only attempted bribery. Garcia. the money was marked and this was delivered to the public officer. the corruptor turns down the demand. We can only say that the offender in rape has performed all the acts of execution when he has effected a penetration. if only one side of the crime is present. In short. or accept any promise or present in consideration thereof. the crime is already frustrated bribery. therefore. If you have a corruption only. It does not require that the entire premises be burned to consummate arson. There are instances where an intended felony could already result from the acts of execution already done. Verga Manner of committing a crime For example. You will notice this from the nature of the crime requiring two participants. let us take the crime of bribery.
But in the case of People v. You have to categorize because there are specific articles that apply whether the physical injuries are serious. It is enough that any part of the premises. he ran away. There are also certain crimes that do not admit of the attempted or frustrated stage. it is beyond the attempted stage. This being so. Garcia was handed down and the Court of Appeals ruled that there is no frustrated arson. The moment the execution of the crime has already gone to that point where the felony should follow as a consequence. the house being a nipa hut. he had no reason not to believe that the fire would spread. somebody holds that arm. in the jurisprudence recognizing the objective phase and the subjective phase. This is because. no matter how small. In that case. The weight of the authority is that the crime of arson cannot be committed in the frustrated stage. If the felony follows as a consequence. If the felony does not follow as a consequence. torch burned out. This was applied in the case of US v. But even then. it is already frustrated. the offended party was able to sidestep away from the blow. The explanation is academic. lighted the same. On the subjective phase. If he has reached that point where he can no longer control the ensuing consequence. having already put kerosene on the jute sacks. You will notice that under the Revised Penal Code. Verga But the torch which was lighted could easily burn the roof of the nipa hut. there is no simple crime of physical injuries. Supreme Court said the subjective phase has passed. the moment a particle or a molecule of the premises has blackened. it is consummated. The reason is because we can hardly determine whether the offender has performed all the acts of execution that would result in arson. he believed that he has performed all the acts of execution and that it is only a matter of time that the premises will burn. The ruling in the case of US v. you could not punish the attempted or frustrated stage because you do not know what crime of physical injuries was committed. frustrated or consummated. On the other hand. therefore. On the other hand. the court does not only consider the definition under Article 6 of the Revised Penal Code. like physical injuries. This is because consummated arson does not require that the whole of the premises be burned. One of the known commentators in criminal law has advanced the view that the crime of physical injuries can be committed in the attempted as well as the frustrated stage. Questions & Answers /vvverga Page 38 of 100 . it is that point in time when the offender begins the commission of an overt act until that point where he loses control of the commission of the crime already. as a consequence. but also his belief. He lighted these. the crime of physical injuries is penalized on the basis of the gravity of the injuries. The fact that the occupant of the other room came out and put out the fire is a cause independent of the will of the perpetrator. This case was much the way before the decision in the case of People v. in determining whether the felony is attempted. the situation is different. in law. there would be attempted physical injuries. less serious or slight. The occupants of the room put out the fire. and as soon as the jute sacks began to burn. where the offender. frustrated. has begun to burn. He explained that by going through the definition of an attempted and a frustrated felony under Article 6. The trouble is that. it is no longer attempted. it is either already frustrated or consummated.Criminal Law 1 Reviewer (Padilla cases and notes combined with Ortega Notes) produce the arson as a consequence. or the stages of execution of the felony. the Vena V. you cannot say that the offender believed that he had performed all the acts of execution. When the offender has already passed the subjective stage of the felony. Here. unless and until a part of the premises had begun to burn. There was not even a single burn of any instrument or agency of the crime. but before he could throw the blow. the offender who put the torch over the house of the offended party. if he could have continued committing those acts but he himself did not proceed because he believed that he had done enough to consummate the crime. The analysis made by the Court of Appeals is still correct: that they could not demonstrate a situation where the offender has performed all the acts of execution to bring about the crime of arson and the situation where he has not yet performed all the acts of execution. In US v. the Supreme Court considered not only the acts of the offender. if a person who was about to give a fist blow to another raises his arms. unless a part of the premises has started to burn. arson is consummated. you do not know which article to apply. the analysis in the case of US v. He reasoned out that the crime would be frustrated because the offender was able to perform all the acts of execution which would bring about the felony were it not for a cause independent of the will of the perpetrator. Actually. The reason for this is because the offender was not able to perform all the acts of execution to bring about physical injuries. If you say physical injuries. Valdez. the crime has already passed the subjective phase and. Valdez is correct. That although the offender may not have done the act to bring about the felony as a consequence. so he ran away. The court held that what was committed was frustrated arson. the offender had tried to burn the premises by gathering jute sacks laying these inside the room. he also stated that the crime of physical injuries may be committed in the frustrated stage when the offender was able to throw the blow but somehow. It is already on the consummated or frustrated stage depending on whether a felony resulted. Valdez is still correct. If the felony did not result. The attempted stage is said to be within the subjective phase of execution of a felony. That act demonstrated that in his mind. Garcia. Valdez.
The crime of theft is already consummated because he already acquired complete control of my wallet. It is not a matter of carrying away. etc. three factors must concur: (1) (2) (3) The injury should bring about the ugliness. estafa cannot be considered as consummated. When you are discussing estafa. In order that in law. In estafa. The ugliness would not disappear through natural healing process. the offender need not move an inch from where he was. if it were a crime of theft. In the same manner that when you are discussing the crime of theft. A stranger comes inside the room. do not talk about intent to gain. I suddenly started searching him and I found the wallet inside his pocket. That is why we made that distinction between theft and estafa. In our concept of theft.Criminal Law 1 Reviewer (Padilla cases and notes combined with Ortega Notes) Vena V. simply means exercising control over the thing. the recipient may be committing theft. The ugliness must be visible. B became more handsome. So the fact that there was plastic surgery applied to B does not relieve the offender from the liability for the physical injuries inflicted. Criminal law cannot stand on any speculation or ambiguity. If he has started lifting the wallet. frustrated or consummated. so that there is damage already suffered by the offended party. frustrated or consummated? The crime committed here is serious physical injuries because of the deformity. If the personal property was received by the offender. What crime is committed? Is it attempted. not even gain is important. it is frustrated. you do not know. gets the wallet and puts it in his pocket. he can drop this on the floor. the presumption of innocence would be sacrificed. then there is no problem. attempted. Illustration: I placed a wallet on a table inside a room. Verga 1. but took the same from the possession of the owner without the latter’s consent. Elements of the crime In the crime of estafa. The mere intent to derive some profit is enough but the /vvverga Page 39 of 100 . You cannot classify the physical injuries. the plastic surgery applied to B is beside the point. If the offender did not receive the personal property. Under American common law. he does not take it. It is a matter of whether he has already acquired complete control of the personal property involved. After the surgery. If there is no result. In determining whether a felony is attempted. the crime of larceny which is equivalent to our crime of theft here requires that the offender must be able to carry away or transport the thing being stolen. otherwise. If there is no damage. this is only theft or none at all. When there is deformity. The crime of theft is the one commonly given under Article 6. What is necessary only is intent to gain. A threw muriatic acid on the face of B. there must be misappropriation already done. But as long as the wallet remains on the table. Without that carrying away. the element of the felony and the nature of the felony itself. For the crime of estafa to be consummated. the commentator’s opinion cannot stand because you cannot tell what particular physical injuries was attempted or frustrated unless the consequence is there. there can only be attempted or frustrated theft. Therefore. not estafa. a deformity can be said to exist. Along this concept of deformity in law. The crime committed is serious physical injuries. the offender receives the property. the larceny cannot be consummated. 2. This is so because the concept of theft under the Revised Penal Code differs from the concept of larceny under American common law. It is consummated. do not talk of damage. If he is in the act of trying to take the wallet or place it under. this is where you have to decide whether what was transferred to the offender is juridical possession or physical possession only. But in receiving the property. That cannot be estafa. The injuries would have resulted in deformity were it not for timely plastic surgery. such that he could exercise his own control on the thing. Is there an attempted slight physical injuries? thinking must be complete before a crime of theft shall be consummated. even if the offender succeeded in carting away the personal property involved. There is no real hard and fast rule. the theft is not yet consummated. In law. if what was transferred to him was only the physical or material possession of the object. “Taking” in the concept of theft. damage or intent to cause damage is not an element of theft. the element of damage is essential before the crime could be consummated. you have to consider the manner of committing the felony. the estafa can only be frustrated or attempted. you disregard the healing duration of the wound or the medical treatment required by the wound. what is considered is not the artificial or the scientific treatment but the natural healing of the injury. On the other hand. This is so true when he removed the wallet from the confines of the table. That complete control simply means that the offender has already supplanted his will from the will of the possessor or owner of the personal property involved. If there is no damage yet. He can exercise his will over the wallet already. It can only be estafa if what was transferred to him is not only material or physical possession but juridical possession as well.
it is the perimeter of the compound that is the container. the acts already done by him must produce or be capable of producing a felony as a consequence. and being consummated. it is indispensable that the victim be mortally wounded. But why is it that in one. and the offender broke the same. This is very decisive in the problem because in most problems given in the bar. the offenders were not able to pass the checkpoint.Criminal Law 1 Reviewer (Padilla cases and notes combined with Ortega Notes) If instead of the wallet. so they were not able to leave the compound. the taking is not complete. Verga because in criminal law. Espiritu. after having taken the object out of the container changed his mind and returned it. there is frustrated theft. An exception to the general rule is the so-called subjective phase. in the case of People v. It was held that what was committed was consummated theft. When the offender succeeded in bringing the cock out of the coop. In US v. it was consummated. put them in his pocket and was arrested. Diño. It will only affect the civil liability of the crime because he will no longer be required to pay the object. the return of the owner’s property is not desistance anymore. From the moment they took it out of the boxes where the owner or the possessor had placed it. It is only frustrated because as far as the table is concern. Diño. Under the definition of the frustrated stage. It turned out that he is not authorized at all and is interested only in the wallet. the crime is only attempted. not the table. But if he does not take the valuables but lifts the entire chest. As far as the boxes of rifle are concerned. as long as the object has not been brought out of that room. However. homicide. Is he criminally liable? Do not make a mistake by saying that there is a desistance. The crime is consummated theft. He discovered that the fighting cocks were not physically fit for cockfighting so he returned it. it is frustrated and in the other. is that. If the wound is not mortal. murder or homicide as a consequence. The crime is not yet consummated. If the offender has already acquired complete control of what he intended to take. You do not have to go out of the compound to complete the taking or the control. the fact that he changed his mind and returned the same will no longer affect his criminal liability. theft is consummated. he was apprehended. A entered the yard of B and opened the chicken coop where B keeps his fighting cocks. Illustration: A and B are neighbors. While taking the table out of the room. it is consummated? In the case of US v. and before he could leave the room. The return of the thing cannot be desistance Vena V. to consider the offender as having performed all the acts of execution. Adio and People v. In this case. because it is only then that death will follow. the taking is not complete. the boxes of rifle were stocked file inside the compound of the South Harbor. On the other hand. which was erroneously laid in some commentaries. When the receptacle is locked or sealed. When they were on their way out of the South Harbor. the crime is robbery with force upon things. what were taken were hospital linens. The will of the owner is to keep the fighting cock inside the chicken coop. Espiritu. You cannot talk of desistance anymore when it is already in the consummated stage. As long as they were not able to bring these boxes of rifle out of the compound. Hospital linens were taken from boxes that were diffused or destroyed and brought out of the hospital. A man entered a room and found a chest on the table. The reason is that the wound inflicted is not capable of bringing about the desired felony of parricide. the man who entered the room pretended to carry the table out of the room. the offender. they were checked at the checkpoint. He took the valuables. This is the confusion raised in the case of US v. As far as the crime committed is concerned. Hence. and the wallet is there. It refers only to whether it is theft or robbery with force upon things. homicide or murder as a result. It was held that what was committed was frustrated Theft. Espiritu. or from the perimeter of the compound. desistance is true only in the attempted stage. One evening. The offender is criminally liable but he will not be civilly liable because the object was returned. In People v. I apprehended him. the crime is only frustrated. and murder – in the definition of the frustrated stage. He opened it found some valuables inside. it is the confines of this room that is the container. These were taken from a warehouse. the offender is criminally liable and the crime is consummated theft. the control is complete. the crime was already consummated. that the receptacle is locked or sealed has nothing to do with the stage of the commission of the crime. the accused were on their way out of the supply house when they were apprehended by military police who found them secreting some hospital linen. As long as he has not taken this table out of the four walls of this room. If the crime is one of theft. it cannot be said that the offender has performed all the acts of execution which would produce parricide. the accused loaded boxes of rifle on their truck. Nature of the crime itself In crimes involving the taking of human life – parricide. Diño compared with People v. The Supreme Court has decided cases which applied the subjective standard that when the offender himself believed that he had performed all the acts of /vvverga Page 40 of 100 . If the thing is stolen from a compound or from a room. in both cases. The emphasis. The general rule is that there must be a fatal injury inflicted. it is clear that his will completely governed or superseded the will of the owner to keep such cock inside the chicken coop. the moment he brought it out. in lieu of theft.
sedition. The mere conspiracy is the crime itself. Issue: W/N the defendants should be charged with conspiracy or estafa. PERALTA Facts: The accused were OXO members and were charged for multiple murder for killing three members/sympathizers of the Sigue-Sigue gang during a prison riot. conspiracies punished by special laws (a) commonwealth act no 616 sec. when in resolute execution of a common scheme. the sovereignty of the State is not outraged and the tranquility of the public remains undisturbed. Proposals punished in the code (a) proposal to commit treason (Art 115) (b) Proposal to commit rebellion (Art 136) 4. the conspiracy does not bring about the commission of the crime because conspiracy is not an overt act but a mere preparatory act. Generally. However. An agreement to commit a crime is a reprehensible act from the viewpoint of morality. The crime of conspiracy as known to the common law does not exist under the system embodied in the Spanish Penal Code. General Rule: conspiracies and proposals to commit a felony are not punishable Not indictable in the Philippines US vs. conspiracy existed between the defendants for the withdrawal of funds from the bank regardless of whether Lim Baunco had funds in the bank to his credit or not. rebellion. the existence of conspiracy assumes pivotal importance in the determination of liability of the perpetrators. a combination of two or more persons to do an unlawful act by lawful means. even though no mortal wound was inflicted. 5 (b) RA 1700 Two kinds of conspiracy: (1) (2) Conspiracy as a crime. the fact that their acts complimented each other is indicative of the meeting of the minds. Treason. This is only true when the law expressly punishes the mere conspiracy. conspiracies punished by RPC (a) conspiracy to commit treason (Art 115) (b) conspiracy to commit rebellion (Art 136) (c) conspiracy to commit sedition (Art 141) 3. the act is already in the frustrated stage. There is an implied agreement. and provides that a conspiracy to commit a crime is punishable only in the cases in which the law specifically makes them so.Criminal Law 1 Reviewer (Padilla cases and notes combined with Ortega Notes) execution. Decision: Under the common law. The Penal code defines /vvverga Page 41 of 100 . to the prejudice of an individual or public is a distinct offense. and coup d’etat are the only crimes where the conspiracy and proposal to commit to them are punishable. but as long as the conspirators do not perform overt acts in furtherance of their malevolent design. coordinated manner. Reyes manipulated the books as to make them show an apparent credit when in fact Lim Buanco was owing the bank a large sum of money. a felony is committed by two or more malefactors. and Conspiracy as a manner of incurring criminal liability When conspiracy itself is a crime. Article 4 of the Penal code says that there is a conspiracy when two or more persons act together for the commission of a crime. Sigue-sigue’s members are predominantly Tagalogs while OXO’s members came from Visayas and Mindanao: Issue: W/N there is conspiracy in this case Decision: A conspiracy exists when two or more persons come to an agreement concerning the commission of a felony and decide to commit it. However. and does not attempt to charge them with the crime of conspiracy (a) But of pivotal importance perpetuators of crime in determining liability of PEOPLE vs. LIM BUANCO Facts: Defendants are being accused of estafa for defrauding El Banco EspanolFilipino. otherwise. which defines certain specific acts as conspiracies. conspiracy is not a crime except when the law specifically provides for a penalty therefore as in treason. rebellion and sedition. Lim Buanco had an account with the said bank and drew large sums of money therefrom by means of checks that were signed by him and endorsed by Reyes. 1. The crime of conspiracy known to the common law is not an indictable offense in the Philippines. The participants acted in concert or simultaneously which is indicative of a meeting of the minds towards a common criminal goal or criminal objective. and decide to commit it. A. Verga certain acts as conspiracies and makes them punishable. Exception: As provided by Law 2. The information in this case charges the defendants with the crime of estafa. Vena V. The prison riot was an offshoot of the long standing clashes between the warring groups. no overt act is necessary to bring about the criminal liability. or a lawful act by unlawful means. When several offenders act in a synchronized. CONSPIRACY AND PROPOSAL TO COMMITE A FELONY Two ways for conspiracy to exist: (1) (2) There is an agreement.
A. Moreover. III. and that there is nothing in said code which penalizes a proposal to commit the crime of bribery. Suddenly. B. it may be deduced from the mode and manner in which the offense was perpetrated. 212." the accused. overt acts and does not perform all of the acts of execution which constitute the crime. for 'concurrence of wills' or unity of action and purpose. B. Upon filing a protest. Villarino) Agreement concerns commission of felony (US vs. IV. by reason of some cause or action other than his own voluntary desistance. there is a conspiracy CONSPIRACY TO COMMIT A CRIME IS DISTINGUISHED CONSPIRACY AS A MEANS TO COMMIT TO CRIME FROM A. Vena V. Pudpud : "A conspiracy 'exists when two or more persons come to an agreement concerning the commission of a felony and decide to commit it. That must be their intent. Thus the defendant. The conditions attending its commission and the acts executed may be indicative of a common design to accomplish a criminal purpose and objective. he approached the treasurer of said treasurer of said province. Decision: It is urged that the said offer was a mere proposal to commit a crime. and its refusal on the part of the official whom it was proposed to bribe alone prevented the consummation of the crime. can not be said to have made a mere proposition. wherein it is said that "there is an attempt when the guilty person makes a beginning in the commission of a crime by direct. LIABILITY OF CONSPIRATOR determination to commit felony taking part in every detail is not essential PEOPLE vs.' The usual phraseology employed in many of the later cases is 'common and joint purpose and design. Cabiling contends that he could not have killed Guido since he was not the one with the lead pipe. came and attacked the persons inside the truck killing the victim. 'The objective then on the part of the conspirators is to perform an act or omission punishable by law. and offered and promised to give him the sum of 200 pesos if he would "lend his aid and support to the said protest. ELEMENTS OF CONSPIRACY Decision: There is no conspiracy in this case. B. VI. Note: When conspiracy relates to crime actually committed. Malilay and People v. the act of one is the act of all the others involved and each is to be held to the same degree of liability as the others. Defendant was charged with “attempt" to commit the crime of bribery” Issue: W/N the act is punishable by the RPC. V. PEOPLE vs. Verga A. ELEMENTS OF PROPOSAL A person has decided to commit a crime He proposes its commission to another 1. /vvverga Page 42 of 100 . three men. Issue: W/N Cabiling is as guilty as his other companions for the murder of Guido. GLORIA Facts: Gloria was an unsuccessful candidate for election as president of his town. A conflict arose between the victim and one of the defendants when the former accused the latter of land-grabbing lands owned by the former’s grandfather. as the offer of money is an overt act in a crime of this nature. OGAPAY Facts: The defendants was said to have conspired to kill Ogapay. A. and that under the provisions of article 4 such proposals can only be punished in cases where specific authority therefor is to be found in the Penal Code. Their truck broke down while in the highway causing them to stop. the victim did not support the defendant during the elections. Guido died from traumatic injuries in the head. What is required is assent to the perpetration of such a misdeed. If such be the case then. VII. with several others had the victim killed. According to People v. C. having made an offer of money for the purpose of bribery.Criminal Law 1 Reviewer (Padilla cases and notes combined with Ortega Notes) II. a 1909 decision. if proposal is accepted. US vs. B. In the case in question the proposal was in fact an "attempt" as defined in article 3 of said code. a member of said board.’ 'Thus a conspiracy need not be proved be direct evidence. C. CABILING Facts: The victim was a driver of a truck that was to deliver a truckload of rice to Manila. MERE CONSPIRACY AS CONSTITUTING COMMISSION OF CRIME Combinations in restrain of Trade (Art 186) Brigandage (Art 306) Certain violations of the dangerous drugs act MERE PROPOSAL AS OVERT ACT PUNISHED BY LAW: BRIBR NOT ACCEPTED (Art. the godson of one of the defendants. not a felony but only a means of incurring criminal liability. Figueras) They decide to commit it. There is need in the language of Justice Mapa in the early leading case of United States v. Magcomot. who previously had a confrontation with one the truck passengers. Two or more persons come to an agreement (US vs. RPC) Issue: W/N there is conspiracy in the case at bar.
Considering that Bolando after knowing that thy were to rob someone still went with them to the Barrio. each of the accused is responsible only for the consequences of his own act. the nature and extent of appellant's participation. An accomplice is one who cooperates in the execution of the crime by previous or simultaneous acts. Upon seeing Isabelo. In the absence of conspiracy. E. conspiracy may be inferred although no actual meeting between them to conspire is proved. the criminal responsibility of several accused is individual. PEOPLE vs. Quinto’s guilt was not proved beyond reasonable doubt thus he was acquitted. Every one of the conspirators who took active part in its execution is therefore responsible for all he acts of the others done in the furtherance of the common design. as mere Presence of the accused at the scene of the crime. TOLING Facts: The defendants were all found guilty for the crime of Robbery in Band with Homicide. Is there a crime committed? Assuming Union B accepts the proposal. The victim went to Francisco’s house. provided that he has not taken direct part in the execution of the crime or forced or induced others to execute it. IX. C. who were at that time already drunk. He only joined them because of the Php . But if Union B accepts the proposal. Verga Decision: Yes. Conspiracy is not proven in this case because it Question & Answer Union A proposed acts of sedition to Union B. there will be conspiracy to commit sedition which is a crime under the Revised Penal Code. If it is proved that two or more persons aimed. which caused his untimely death. Conspiracy implies concert of design and not participation in every detail of execution. or that one should know the exact part to be performed by the other conspirator in the execution of the conspiracy. each doing a part so that their acts. or A. It is enough that from the individual acts of each accused. B. in the acts leading to the commission of the felony has not been established by the evidence for the prosecution. It is settled that where conspiracy is absent. /vvverga Page 43 of 100 . does not establish criminal liability. for the prosecution need not establish that all the parties thereto agreed to every detail in the execution of the crime or that they were actually together at all stages of the conspiracy. there is no evidence tending to show conspiracy. Bolando contends that he did not know of Tolings plan till they were in the barrio. Upon seeing this. the prosecution was not able to establish whether it was really the defendant who killed the victim. Toling shot Isabelo thereby killing him. were in fact connected and cooperative. C.50 share in the loot that was promised to him.50. It is not essential that each conspirator shall take part in every act. does not appear that the appellants had a common design. act of all (People vs. In the instant case. However. had a heated encounter with the victims in topside café. through apparently. it may be reasonably deduced that they had a common plan to commit the felony. by their acts. or cooperated in its perpetuation by an indispensable act. D. Mere companionship does not establish conspiracy 2. QUINTO Facts: The defendants were charged of murder for hitting and inflicting upon the vital parts of Patrolman Butawa’s body mortal gunshot wounds. Alonzo) Solidary indemnity for victim’s indemnity DEGREE OF PROOF REQUIRED TO ESTABLISH CONSPIRACY Same Degree of proof required to establish crime 1. and although he did not directly participate in the robbery he gave moral encouragement to them with his presence and shared in the loot in the amount of Php . VIII. According to Bolando. if any.Criminal Law 1 Reviewer (Padilla cases and notes combined with Ortega Notes) Vena V. it is necessary to prove who shot and killed the victim. he should be criminally responsible as an accomplice for the crime of robbery. Toling an Bolando robbed a certain Francisco Lumpayao. It was said that Quinto and his companions. will your answer be different? There is no crime committed. Mere presence at crime scene does not establish conspiracy Positive and convincing Founded on facts and not mere conjectures. Issue: W/N Quinto should be acquitted Decision: It is significant that in the instant case. indicating a closeness of personal association and a concurrence of sentiments. PEOPLE vs. inferences presumptions LIABILITY IN ABSENCE OF CONSPIRACY Individual liability A. Issue: W/N Bolando is as guilty as the other defendants Decision: Conspiracy not having been established. among whom could have been the culprits. Proposal to commit sedition is not a crime. in the company of others. Conspirators need not all join in the agreement at the same time Collective criminal responsibility: Act of one. he went along with Toling because he was afraid to displease the latter and he only learned of their purpose on their way. at the accomplishment of some unlawful object. Francisco shouted for help.
All will be liable for the consequences. We have to observe the distinction between the two because conspiracy as a crime. Illustrations: A thought of having her husband killed because the latter was maltreating her. When the conspiracy is just a basis of incurring criminal liability. there must be an overt act done before the co-conspirators become criminally liable. They have conspired to execute a crime but the crime involved here is murder and a conspiracy to commit murder is not a crime in itself but merely a basis for incurring criminal liability. Conspiracy is a matter of substance which must be alleged in the information. the court will not consider the same. the word “person” here should not be understood to require a meeting of the coconspirator regarding the commission of the felony. so that when they reached the place. The exception to this is if such person who did not appear was the mastermind. anyone who did not appear shall be presumed to have desisted. This subsists even though the other co-conspirator does not know that one of them had already done the act of rebellion. 186 SCRA 5980. otherwise. must have a clear and convincing evidence of its existence. But if anyone of them has committed the overt act of rebellion. 204 SCRA 9. B. The wife ran away. agreement to cooperate. the act of one is the act of all. B had already killed A. there is no crime yet. Do not think that participants are always known to each other. the crime would no longer be the conspiracy but the overt act itself. if there has been a conspiracy to commit a crime in a particular place. it was held that it must be established by positive and conclusive evidence.000. She hired some persons to kill him and pointed at her husband. In the evening of that same day. Their agreement was to bring about the rebellion on a certain date. if the co-conspirator or any of them would execute an overt act. This was the ruling in People v. For as long as none of the conspirators has committed an overt act. but he tried to prevent the commission of the crime As a general rule. All that there is the agreement. C and D came to an agreement to commit rebellion. This is just a preparatory act. the police were caught in traffic causing their delay. Unfortunately.Criminal Law 1 Reviewer (Padilla cases and notes combined with Ortega Notes) When the conspiracy is only a basis of incurring criminal liability. Vena V. there is already criminal liability arising from the conspiracy to commit the rebellion. Even if none of them has performed the act of rebellion. In Taer v. But when one of them commits any overt act. however. He disclosed to B that A was being arraigned in the City Hall of Manila and told him to execute the plan on the following day. /vvverga Page 44 of 100 . not by conjectures or speculations. it was held that mere knowledge. the crime of all is no longer conspiracy to commit rebellion but rebellion itself. the law student changed his mind so he immediately went to the police and told them to dispatch police officers to prevent B from committing the crime. regardless of the degree of injury inflicted by any one of them. none of the co-conspirators would be liable. The existence of a conspiracy may be reasonably inferred from the acts of the offenders when such acts disclose or show a common pursuit of the criminal objective. Illustration: Three persons plan to rob a bank. unless a co-conspirator was absent from the scene of the crime or he showed up. unless there is an overt act. A conspiracy is possible even when participants are not known to each other. The wife was prosecuted for parricide. is not enough to constitute a conspiracy. acquiescence to. indicative of a meeting of the minds toward a common goal or objective. 200 SCRA 489. The goons got hold of her husband and started mauling him. A conspiracy of the second kind can be inferred or deduced even though they have not met as long as they acted in concert or simultaneously. A law student resented the fact that his brother was killed by A. This legal consequence is not true if the conspiracy is not a crime. Pinto. Every crime must be proved beyond reasonable doubt. But the Supreme Court said that there was desistance so she is not criminally liable. In this case. the same may be deduced or inferred from the acts of several offenders in carrying out the commission of the crime. and his desistance negates criminal liability.00. Illustration: A. this cannot be inferred or deduced because there is no overt act. The wife took pity and shouted for them to stop but the goons continued. In People v. without cooperation or at least. When the conspiracy itself is a crime. such a desistance would negate criminal liability. for as long as anyone shall desist before an overt act in furtherance of the crime was committed. or approval of the act. So. Laurio. all of them shall be held liable. CA. There must be an intentional participation in the crime with a view to further the common felonious objective. If the conspiracy is only a basis of criminal liability. When several persons who do not know each other simultaneously attack the victim. He hired B to kill A and offered him P50. there was no proposal but a conspiracy. On the other hand. Verga Although conspiracy is defined as two or more person coming to an agreement regarding the commission of a felony and deciding to commit it.
CA. a co-conspirator may be held liable only as an accomplice. Conspiracy is only in the preparatory stage. B and C became hostile with one another. they even visited the lady on intervening hours. there is only one crime. the Supreme Court ruled that even though there was conspiracy. Eventually. the crimes of robbery with homicide. hence. After the robbery was finished. That is why he was given only that penalty for an accomplice. The Supreme Court has ruled that one who desisted is not criminally liable. For example. C and B followed. and the taxi driver was present during the planning. They ransacked the house. There is conspiracy when the offenders acted simultaneously pursuing a common criminal design. If they acted simultaneously to bring about their common intention. There is no definite opponent or definite intent as when a basketball crowd beats a referee to death. the law shall reward him for doing so. In Siton v. one party makes a proposition to the other. there was a planned robbery. And when conspiracy exists. A. There. and they attacked the victim simultaneously. As a general rule. in substance. it requires two parties. conspiracy is bilateral. Without the principle of conspiracy. Composite crimes Composite crimes are crimes which. all those acts done in pursuance of the crime agreed upon are acts which constitute a single crime. The reason given is that penal laws always favor a milder form of responsibility upon an offender. a conspiracy arises. B. there is only a preparatory stage. such co-conspirator should be punished as an accomplice only. broke into a house because they learned that the occupants have gone on an excursion.” Where there are several persons who participated. When A. Illustration: A. So it is no longer accurate to think that when there is a conspiracy. thus. A. “When a person has set foot to the path of wickedness and brings back his foot to the path of righteousness. robbery with physical injuries. A got a colored TV. do not consider the degree of participation of each conspirator because the act of one is the act of all. B and C learned about this. “I will bring you there. /vvverga Page 45 of 100 . it was held that the idea of a conspiracy is incompatible with the idea of a free for all. B saw a camera and took that. When they fled. such that even without his cooperation. the penalty is based on the totality of the value of the personal property taken and not on the individual property taken by him. robbery with rape. Do not search for an agreement among the participants. and C found a can of salmon and took that. The taxi driver did not really stay during the commission of the robbery. all are principals. they all stood up to leave the house of the young lady feeling disappointed. all these participants shall be considered as having acted in conspiracy and they will be held collectively responsible. if a co-conspirator merely cooperated in the commission of the crime with insignificant or minimal acts. it was held that conspiracy was present. When A looked back at the young lady with D. and after committing the robbery I will return later”. At that instance. D invited the young lady and she accepted the invitation. so much so that it cannot be known what participation each one had.Criminal Law 1 Reviewer (Padilla cases and notes combined with Ortega Notes) Proposal is true only up to the point where the party to whom the proposal was made has not yet accepted the proposal. Verga The common notion is that when there is conspiracy involved. and C. what he only extended was his cooperation. The robbers could have engaged another taxi. nobody would be prosecuted. In this case. This is because. under the influence of marijuana. the participants are punished as principals. For example. he took the conspirators back to his taxi and brought them away. the young lady agreed to marry D. Because of this. In case the crime committed is a composite crime. As pointed out earlier. consist of more than one crime but in the eyes of the law. It was held that the taxi driver was liable only as an accomplice. A stabbed D. desistance is true only in the attempted stage. Vena V. they have equal criminal responsibility. there is the rule on collective responsibility since it cannot be ascertained who actually killed the victim. he saw D laughing menacingly. The taxi driver agreed but said. That means the penalty which shall be imposed upon him is one degree lower. His cooperation was not really indispensable. In the case of People v. Notwithstanding that there is conspiracy. conspiracy exists. One day. the conspirators told the taxi driver that they are going to use his taxicab in going to the place of robbery. Once the proposal was accepted. B and C have been courting the same lady for several years. a victim was found dead. The taxi driver brought the conspirators where the robbery would be committed. acting out a common criminal intent. On several occasions. the conspirator will be liable for all the acts committed during the commission of the crime agreed upon. Before this stage. the crime could be carried out as well. Who should be liable for the killing if who actually killed the victim is not known? There is collective responsibility here. like in a killing. This notion is no longer absolute. At most. Question & Answer There are several offenders who acted simultaneously. Nierra. in the eyes of the law. Proposal is unilateral. In the crime of robbery with force upon things.
Illustration: A. less grave or light? To determine whether these felonies can be complexed or not. Verga This question was asked in the bar examination: How do you classify felonies or how are felonies classified? What the examiner had in mind was Articles 3. A would ransack the second floor. and does not perform all the acts of execution which should produce the felony by reason of some cause or accident other than his own spontaneous desistance. yet rape was part of robbery. According to their gravity Under Article 9. A. As far as the homicide is concerned. C inspected the pocket of the victim and found that the victim was wearing a ring – a diamond ring – and he took it. B and C are liable because that was agreed upon and theft was not an integral part of homicide. (3) CLASSIFICATION OF FELONIES Vena V. when there is conspiracy. 6 and 9. and C decided to commit robbery in the house of D. The crimes committed are homicide and theft. and C stands guard outside. the rule is that the act of one is the act of all. The crime committed is robbery with rape. and light felonies or those infractions of law for the commission of which the penalty is arresto menor. Pursuant to their agreement. the examiner was after classifications under Articles 3. A.Criminal Law 1 Reviewer (Padilla cases and notes combined with Ortega Notes) Illustrations: A. B and C agreed to rob the house of D. Why is it necessary to determine whether the crime is grave. even though the co-conspirator performed different acts bringing about the composite crime. Felonies are classified as follows: (1) According to the manner of their commission Under Article 3. B and C will be liable for robbery with homicide. This principle applies only to the crime agreed upon. these are felonies classified according to their gravity. and to determine the prescription of the crime and the prescription of the penalty. and culpable felonies or those resulting from negligence. Unknown to B and C. A. The rule would be different if the crime committed was not a composite crime. B. intentional felonies or those committed with deliberate intent. 6 and 9.. All went to their designated areas in pursuit of the plan. Do not write classification of felonies under Book 2 of the Revised Penal Code. B would stay in the first floor. When they saw the opportunity. and. but an indivisible felony under the Article 294 of the Revised Penal Code. This is a distinct crime so the rule will not apply because it was not the crime agreed upon. lack of foresight or lack of skill. A raped the girl upstairs. A and B ran into different directions. all will be liable for such crime. stages and the penalty attached to them. which is not a complex crime. Therefore. reckless imprudence. felonies are classified as grave felonies or those to which attaches the capital punishment or penalties which in any of their periods are afflictive. As a general rule. Even if B and C did not know that rape was being committed and they agreed only and conspired to rob. frustrated felony when the offender commences the commission of a felony as a consequence but which would produce the felony as a consequence but which nevertheless do not produce the felony by reason of causes independent of the perpetrator. This is because. C will be the only one liable. it is well settled that any killing taking place while robbery is being committed shall be treated as a single indivisible offense. the owner was awakened. So C will be liable for homicide and theft. less grave felonies or those to which the law punishes with penalties which in their maximum period was correccional. Rape can not be separated from robbery. consummated felony when all the elements necessary for its execution are present. Exception to the exception: In acts constituting a single indivisible offense. (2) According to the stages of their execution Under Article 6. they are classified as. That was what the examiner had in mind because the question does not require candidate to classify but also to define. and C would stay on the first floor. felonies are classified as attempted felony when the offender commences the commission of a felony directly by overt acts. They can only evade responsibility for any other crime outside of that agreed upon if it is proved that the particular conspirator had tried to prevent the commission of such other act. It was agreed that A would go the second floor. Take note that when the Revised Penal Code the not the the /vvverga Page 46 of 100 . This happens when the crime agreed upon and the crime committed by one of the co-conspirators are distinct crimes. In other words. B and C killed D and after that. The exception is if any of the co-conspirator would commit a crime not agreed upon. All of them will be liable for robbery with rape. While A was ransacking the second floor. B was to wait outside. A killed him. A. B and C agreed to kill D. Insofar as the crime of theft is concerned.
observe the distinction. there is a reservation “provision of the Revised Penal Code may be applied suppletorily to special laws”. With regard to Article 10. But a crime in the Revised Penal Code can absorb a crime punishable by a special law if it is a necessary ingredient of the crime in the Revised Penal Code. Hence. it prescribes in ten years. the fine of P200. it can be promulgated even if absent under the New Rules on Criminal Procedure.00. Mitigating circumstances. a special law punishes a certain act as a crime.00 is considered a correctional penalty under Article 26. So Presidential Decree No. The stages of the commission of felonies will also apply since suppletory application is now allowed.Criminal Law 1 Reviewer (Padilla cases and notes combined with Ortega Notes) speaks of grave and less grave felonies. Thias was the ruling in People v. or simply correlate the violated special law. In the crime of sedition. Do not omit the phrase “In accordance with Article 25” because there is also a classification of penalties under Article 26 that was not applied. But do not think that when a crime is punished outside of the Revised Penal Code. In the case of light felonies. the use of firearms is not an ingredient of the crime. For example. Presidential Decree No. Exempting circumstances. considering that the special law is silent on this point? Yes. 7659. because Article 100 of the Revised Penal Code may be given suppletory application to prevent an injustice from being done to the offended party. Martinada. Verga would be caused to the private offended party. It can absorb the crime of murder. and Alternative circumstances. if he would not be indemnified for the damages or injuries sustained by him.00. the state loses the right to prosecute unless the running period is suspended. it was held that the use of arms is an element of rebellion. Murder would be a qualifying circumstance in the crime of qualified cattle rustling. apply Article 26. 533. Circumstances affecting criminal liability There are five circumstances affecting criminal liability: (1) (2) (3) (4) (5) Justifying circumstances. means that mitigating and aggravating circumstances can now be considered in imposing penalties. If the fine is imposed as an alternative penalty or as a single penalty. That article shall be applied suppletory to avoid an injustice that Vena V. If the offender is apprehended at any time within ten years. the offender cannot be prosecuted for murder. Rodriguez. if needed to avoid an injustice. it is already a special law. so a rebel cannot be further prosecuted for possession of firearms. if there was already judgment that was passed. the definition makes a reference specifically to Article 25 of the Revised Penal Code. The amendments of Presidential Decree No. In Article 10. he can be made to suffer the fine. do not give suppletorily application of the Revised Penal Code to that of special law. This classification of felony according to gravity is important with respect to the question of prescription of crimes. May the court pronounce that he is civilly liable to the offended party. If the penalty is fine and exactly P200. If the crime is correctional. except arresto mayor. which prescribes in five years. 6425 (The Dangerous Drugs Act of 1972) by Republic Act No. In People v. because violations of the Revised Penal Code are more serious than a violation of a special law. His violation caused damage or injury to a private party. is not a special law. There are two others which are found elsewhere in the provisions of the Revised Penal Code: /vvverga Page 47 of 100 . Article 100 states that every person criminally liable for a felony is also civilly liable. two prosecutions can be had: (1) sedition. it is only considered a light felony under Article 9. For example. 6425 does not expressly prohibit the suppletory application of the Revised Penal Code. punishing cattle-rustling. and (2) illegal possession of firearms. If the penalty is exactly P200. If in the course of cattle rustling. SUPPLETORY APPLICATION OF THE REVISED PENAL CODE Article 10 is the consequence of the legal requirement that you have to distinguish those punished under special laws and those under the Revised Penal Code. the crime of cattle-rustling is not a mala prohibitum but a modification of the crime theft of large cattle. A violation of a special law can never absorb a crime punishable under the Revised Penal Code. The special law is silent as to the civil liability of one who violates the same. If no justice would result. You will only apply the provisions of the Revised Penal Code as a supplement to the special law. which adopted the scale of penalties in the Revised Penal Code. After two months. It is considered as correctional penalty and it prescribes in 10 years. Here is a person who violated the special law and he was prosecuted. murder was committed. crimes prescribe in two months. Aggravating circumstances. If the offender escapes while in detention after he has been loose.
do not talk of instigation. In justifying and exempting circumstances. In instigation. Amnesty. the marriage of the offended party shall extinguish the criminal action. ascendants. there is no criminal liability but only civil liability. and Extenuating circumstances. he is acting without criminal intent because without the instigation. Article 89 provides how criminal liability is extinguished: Death of the convict as to the personal penalties. before such property had passed on to the possession of third parties. Exempting circumstances may be invoked in culpable felonies. brother and sister-in-law living together or where in case the widowed spouse and the property involved is that of the deceased spouse. in the case of theft. On the other hand. Absolutory cause The effect of this is to absolve the offender from criminal liability. Entrapment involves only ways and means which are laid down or resorted to facilitate the apprehension of the culprit. natural and adopted brothers and sisters. descendants. then he should try it to find out whether it is loaded with dangerous drugs or not. Instigation is associated with criminal intent. Verga Under Article 219. acts of lasciviousness. When an accused invokes them. It has the same effect as an exempting circumstance. Do not consider culpa in connection with instigation. therefore. the crime is committed with dolo. in cases of seduction. swindling and malicious mischief. and Marriage of the offended woman as provided in Article 344. Service of the sentence. It is confused with entrapment. Prescription of the crime. Under Article 332. This fellow went to the place and mingled there. not the burden of proof. Under Article 344. the offender simply acts as a tool of the law enforcers and. The law enforcers told the undercover man that if he is offered a cigarette. legitimate. Illustrations: An agent of the narcotics command had been tipped off that a certain house is being used as an opium den by prominent members of the society. Absolute pardon. ascendant. /vvverga Page 48 of 100 . when the offender and the offended party are related as spouse. the criminal plan or design exists in the mind of the law enforcer with whom the person instigated cooperated so it is said that the person instigated is acting only as a mere instrument or tool of the law enforcer in the performance of his duties. descendant. but you do not call it as such in order not to confuse it with the circumstances under Article 12. It did not emanate from the mind of the law enforcer entrapping him. Article 20 provides that the penalties prescribed for accessories shall not be imposed upon those who are such with respect to their spouses. Difference between instigation and entrapment In instigation. But instigation absolves the offender from criminal liability because in instigation. although not from civil liability. and as to pecuniary penalties. discovering secrets through seizure of correspondence of the ward by their guardian is not penalized. a criminal design is already in the mind of the person entrapped. If the crime is culpable. Absolutory cause has the effect of an exempting circumstance and they are predicated on lack of voluntariness like instigation. there is no criminal liability. The burden is upon him to establish beyond reasonable doubt the required conditions to justify or exempt his acts from criminal liability. The law enforcers cannot themselves penetrate the house because they do not belong to that circle so what they did was to convince a prominent member of society to visit such house to find out what is really happening inside and that so many cars were congregating there. or relatives by affinity within the same degrees with the exception of accessories who profited themselves or assisting the offender to profit by the effects of the crime. Justifying circumstances contemplate intentional acts and. and rape. Entrapment is not an absolutory cause. in entrapment. Then. hence.Criminal Law 1 Reviewer (Padilla cases and notes combined with Ortega Notes) (1) (2) Absolutory cause. Entrapment does not exempt the offender or mitigate his criminal liability. a legally married person who kills or inflicts physical injuries upon his or her spouse whom he surprised having sexual intercourse with his or her paramour or mistress in not criminally liable. abduction. Prescription of the penalty. liability therefor is extinguished if death occurs before final judgment. Vena V. he in effect admits the commission of a crime but tries to avoid the liability thereof. What is shifted is only the burden of evidence. are incompatible with dolo. he would not have done the criminal act which he did upon instigation of the law enforcers. Under Article 247.
is to discover whether the crime is committed. If the law enforcer were able to enter the house and mingle there. he believes that it is a civil duty to cooperate. the person. but even without those ways and means. Selling is not necessary to commit the crime. The law enforcer ascertained if it is a violation of the Dangerous Drugs Act. Extenuating circumstances The effect of this is to mitigate the criminal liability of the offender. The means employed by the law enforcer did not make the accused commit a crime. he was apprehended. this has the same effect as mitigating circumstances. because it is the law enforcer who planted that criminal mind in him to commit the crime. a law enforcer pretended to be a buyer of marijuana. When he saw somebody. only you do not call it mitigating because this is not found in Article 13. the person entrapped is actually engaged in a violation of the law. the raid was conducted and he was among those prosecuted for violation of the Dangerous Drugs Act. Instigation absolves the person instigated from criminal liability. the private citizen only cooperates with the law enforcer to a point when the private citizen upon instigation of the law enforcer incriminates himself. In another instance. Even if the law enforcer did not ask for a cigarette. and if the circumstance is not among those enumerated in Article 12. He was approached by a law enforcer and was asked if he wanted to deliver a package to a certain person. Entrapment is not an absolutory cause because in entrapment. If element of voluntariness is absent. On his own. the offender was already committing a crime. It is a case of entrapment because the fellow is already committing the crime from the mere fact that he is possessing marijuana. nobody would offer him a cigarette because he is unknown. The idea is incompatible with each other because in entrapment. This is a case of entrapment and not instigation. it is necessary that had the facts been true as the accused believed them to be. refer to the circumstance as an absolutory cause. he is not committing a crime. Is he criminally liable? No. He apprehended the fellow. The officer who entrapped him only lays down ways and means to have evidence of the commission of the crime.Criminal Law 1 Reviewer (Padilla cases and notes combined with Ortega Notes) The time came when he was offered a stick of cigarette and he tried it to see if the cigarette would affect him. He is moving like a robot. because he is asleep. he pleaded to spare him a smoke so this fellow handed to him the cigarette he was smoking and found out that it was loaded with a dangerous drug. unaware of what he is doing. the person entrapped should not know that the person trying to entrap him was a law enforcer. both will be criminally liable. This is based on the rule that a person cannot be a criminal if his mind is not criminal. this is not a case of instigation. It is not even mitigating. Even without bringing. If the person instigated does not know that the person is instigating him is a law enforcer or he knows him to be not a law enforcer. He was only there upon instigation of the law enforcers. The private citizen believes that he is a law enforcer and that is why when the law enforcer tells him. When that fellow was delivering the package. On the other hand. so this is entrapment. Verga If the instigator is a law enforcer. Unfortunately. The offender is acting without criminal intent. entrapment is not an absolutory cause. So in mistake of fact. This is a case of inducement. you cannot have a case of instigation. If not. The reason he is there is because he cooperated with the law enforcers. the person entrapped is actually committing a crime. although there is civil liability. The element which makes instigation an absolutory cause is the lack of criminal intent as an element of voluntariness. Mistake of fact is not absolutory cause. he would not be there. Illustrations: /vvverga Page 49 of 100 . this act is justified. So the element of voluntariness which is necessary in dolo and culpa is not present. A fellow wants to make money. the person instigated cannot be criminally liable. This is entrapment. How can one sell marijuana if he is not in possession thereof. There is absence of criminal intent. Vena V. the person involved is definitely acting without freedom and without sufficient intelligence. there is criminal liability. A policeman suspected a fellow selling marijuana. If the instigator is not a law enforcer. Even without selling. without which he would not have been a criminal. because there is no mistake of fact anymore. because he would not have come out for the marijuana leaves if the law enforcer had not instigated him. The law enforcer is only ascertaining if this fellow is selling marijuana leaves. The law enforcer asked him. In entrapment. there is no criminal liability. not instigation. Somnambulism is an absolutory cause. The offender must believe he is performing a lawful act. Is he criminally liable? This is a case of instigation. mere possession is already a crime. Is he criminally liable? Yes. In instigation. the offender is already committing a crime. he is already possessing the marijuana. to whom the package was brought to found it to be marijuana. It would be contrary to public policy to prosecute a citizen who only cooperated with the law enforcer. Defense is instigation. He arrested the fellow. In other words. who happens to be a law enforcer. both will be criminally liable. In case of somnambulism or one who acts while sleeping. The fact that he was appointed to another person to find out its contents. “Are you selling that? How much? Could you bring that to the other fellow there?” When he brought it there. there is a crime committed by him: illegal possession of dangerous drugs. He approached a person suspected to be a pusher and prevailed upon this person to sell him two kilos of dried marijuana leaves and this fellow gave him and delivered them. Defense was that he would not give a cigarette if he was not asked.
” Self Defense In justifying circumstances. there is neither criminal nor civil liability. Abandonment by the husband does not justify the act of the woman. (4) When you apply for justifying or exempting circumstances. In exempting circumstances – (1) The circumstances affect the actor. Because of their continuous quarrel over the boundaries of their adjoining properties. and because there is no crime. there is a crime. He is a mere tool or instrument of the crime.Criminal Law 1 Reviewer (Padilla cases and notes combined with Ortega Notes) (2) An unwed mother killed her child in order to conceal a dishonor. Mere provocation is not enough. when A saw B one afternoon. This is not exempting. is it necessary for her to seek the company of another man. However. One who is a kleptomaniac and who would steal objects of his desire is criminally liable. But he would be given the benefit of a mitigating circumstance analogous to paragraph 9 of Article 13. there is civil liability for the wrong done. Is B criminally liable? What crime was committed. not the actor. there is no imminent danger to the life or limb of B. Distinctions between circumstances justifying circumstances and exempting (3) Vena V. but not insofar as the father of the child is concerned. As long as that arm of A was down holding the bolo. When he was about five feet away from B. The act complained of is considered to have been done within the bounds of law. there must be always unlawful aggression. however. Never confuse unlawful aggression with provocation. there is no criminal liability as well as civil liability. the act of B in shooting A is not justified. not the act. That bolo does not produce any real or imminent danger unless a raises his arm with the bolo. There is no criminal. if any? The act of A is nothing but a provocation. Mother killing her new born child to conceal her dishonor. It only extenuates or reduces criminal liability. But because the actor acted without voluntariness. this can only be justified if it was done to save the life of the person defending or the person being defended. he approached the latter in a menacing manner with a bolo in his hand. Since the act is considered lawful. Since there is a crime committed but there is no criminal. Therefore. When this is given in the bar. it is the element of unlawful aggression that is in issue. The reasonableness of the means employed depends on the gravity of the aggression. Since the act complained of is actually wrongful. Since there is a material lowering of the penalty or mitigating the penalty. In justifying circumstances – (1) (2) (3) (4) The circumstance affects the act. it is confession and avoidance and burden of proof shifts to the accused and he can no longer rely on weakness of prosecution’s evidence Justifying circumstances Since the justifying circumstances are in the nature of defensive acts. there is no crime. it is legitimate and lawful in the eyes of the law. Illustration: A and B are long standing enemies. killing him. Verga The act complained of is actually wrongful. in paragraphs 4 and 7 of Article 12. B pulled out a revolver and shot A on the chest. Since there is no crime or criminal. It cannot be characterized as an unlawful aggression because in criminal law. depriving him of the consciousness of his act. The effect is to mitigate the criminal liability. there is absence of dolo or culpa. this is an extenuating circumstance. In the crime of adultery on the part of a married woman abandoned by her husband. what was said was that A was holding a bolo. but the actor acted without voluntariness. But there is no criminal liability. The concealment of dishonor is an extenuating circumstance insofar as the unwed mother or the maternal grandparents is concerned. In the facts of the problem given above. A kleptomaniac is one who cannot resist the temptation of stealing things which appeal to his desire. that of suffering from an illness which diminishes the exercise of his will power without. hence. When the effect of the circumstance is to lower the penalty there is an extenuating circumstance. If the unlawful aggressor was killed. /vvverga Page 50 of 100 . penalty is lowered by two degrees. there is no criminal. So this is an extenuating circumstance. The equation is “life was taken to save life. an unlawful aggression is an attack or a threatened attack which produces an imminent danger to the life and limb of the one resorting to self-defense. at the time she was abandoned by her husband. the most important is self-defense. The concealment of honor by mother in the crime of infanticide is an extenuating circumstance but not in the case of parricide when the age of the victim is three days old and above.
the one who jumped out of the house was able to wrest the bolo away and started hacking the other woman. a woman went into the house of another woman whom she suspected of having an affair with her husband. She could not possibly be raped in that place. Verga Defense of rights is included in the circumstances of defense and so is defense of honor. Touching the arm could not produce such danger as would really be imminent to the honor of the woman. The other was wounded on his thigh. she realized that she had stabbed her brother-in-law. resentment or some evil motive in killing the aggressor. the condition that a person making the defense did not act out of revenge. Life cannot be equal to property. even if there was an unlawful aggression that has already begun. you cannot invoke self-defense. Question & Answer The person being defended was a relative – a first cousin.Criminal Law 1 Reviewer (Padilla cases and notes combined with Ortega Notes) Vena V. They grappled with the bolo. Defense of honor here is being equated with one of abuse of chastity of a woman. do not forget the incomplete self-defense. In this case. The accused was already asleep. This is only required in defense of strangers. and that the person defending did not contribute to the unlawful aggression. It will be defense of stranger. In US v. even though he acted out of some evil motive. was her life in danger? If the answer is no. it has the effect of lowering the penalty by one to two degrees. it will be his own life that will be lost. under the Revised Penal Code. In law. he started emptying the revolver of the other policeman who was lying on the floor. This is vital because if the person making the defense acted out or revenge. The policeman who was wounded on the thigh jumped on the arm of the fellow who shot him. She started pouring gasoline on the house of the woman. On the other hand. this policeman who was shot at the thigh was already able to get hold of the revolver. Therefore. If that is not the situation. Is he entitled to a justifying circumstance? Yes. In this case. It was held that the whole matter is purely her imagination. One shot the other. It was held that the hacking was not justified. while a woman was sleeping. In People v. it has the effect of reducing the imposable penalty to the minimum period. He started feeling through the dark. if the relative defended is still within the coverage of defense of relative. /vvverga Page 51 of 100 . so she started hacking the other woman with it. She said that she believed that her own honor was at stake. Do not confuse unlawful aggression with provocation. If ordinary. he awakened the accused. In US v. she jumped out to prevent this other woman from pouring gasoline around the house. Defense of property rights This can only be invoked if the life and limb of the person making the defense is also the subject of unlawful aggression. she got a pair of scissors and stabbed the man. The accused claimed as having acted in defense of her honor and mistake of fact. Illustration: Two policemen quarreled inside a police precinct. depending on how the court will regard the absence or presence of conditions to justify the act. it would still apply. her life and limb were no longer in imminent danger. Apparently. her availing of defense of honor is not tenable. they wrestled for possession of the gun. where there were so many people. But while there may be no justifying circumstance. There was already some sort of aggression but it was not enough to warrant the act resorted to by the accused in getting a small knife from her bag and thrusting it on the chest of the offended party. it was held that it was not possible to rape the accused because the whole thing transpired in the church. The policeman who shot the other guy fell on the floor. It is enough that there was unlawful aggression against the relative defended. But if it is privileged. But the fellow who killed the aggressor had some score to settle with the aggressor. Defense of stranger If the person being defended is already a second cousin. Rodriguez. her sister and brother-in-law went to see a movie and came home late that evening. This is a mitigating circumstance under paragraph 1 of Article 13. At the time the accused killed the supposed unlawful aggressor. The brother-in-law came up first while his wife was still in the staircase. In that position. That is the focal point. Since the woman has children inside the house. the honor of a woman in respect of her defense is equated with her virginity. When the lights were turned on. it was held that the defense of self-defense is no available. he cannot invoke the justifying circumstance if the relative defended is already a stranger in the eyes of the law. Jaurigue. This mitigating circumstance is either privileged or ordinary. Mateo. the offended party placed his hand on the thigh of the woman who was then praying. That will be the situation. resentment or evil motive is not a requirement in defense of relative. there is no self-defense. Actually. and in the process. when she killed the supposed unlawful aggressor. The woman who was pouring gasoline had a bolo. In the process. you do not invoke defense of relative anymore. On that point. At that moment. The shooting was not justified. Believing that her honor was at stake. What justifies the killing of a supposed unlawful aggressor is that if the offender did not kill the aggressor.
there would be no incomplete selfdefense. If a majority of the requisites needed to justify the act or exempt from criminal liability are present. It is wrong to treat this as an exception to the rule that in justifying circumstances. the offender shall only be entitled to an ordinary mitigating circumstance. “how may incomplete justifying circumstance affect criminal liability of the offender. when you are given a problem on this premise. B owns the land for raising certain goats. In such a case. the penalty would be reduced by one or two degrees. C drove all the goats of B to the land of A. He cannot claim that it was fortuitous event. First. or defense of stranger. the offender shall be given the benefit of a privileged mitigating circumstance. it means that not all the requisites to justify the act are present or not the requisites to exempt from criminal liability are present. and the first condition is present. The author of the act is C. the question should be. Third. On the other hand. The penalty shall be lowered by one or two degrees. Second. are present. the other requisites being absent. otherwise. In that case. the offended party must be guilty of unlawful aggression. and The resulting felony is the unavoidable consequence of the due fulfillment of the duty or the lawful exercise of the right or office. State of necessity Vena V. may incomplete self-defense affect the criminal liability of the offender? If the question specifically refers to incomplete self-defense. his vehicle skidded towards a ravine. The goats rushed to the land of A to be saved. There was heavy rain and floods. C used another land for a vegetable garden. there are only two conditions: (1) (2) The felony was committed while the offender was in the fulfillment of a duty or in the lawful exercise of a right or office. He swerved his car towards a house. Or absent. When there are only two conditions to justify the act or to exempt from criminal liability. defense of relative or defense of stranger because in these cases. destroying it and killing the occupant therein. there can be no incomplete self-defense. but C is not civilly liable because he did not receive benefits. In general. Without this. if at all?” Make a separate answer with respect to self-defense. the offender shall be given the benefit of a privileged mitigating circumstance. So the accused will not be civilly liable if he did not receive any benefit out of the state of necessity. the imposable penalty shall be reduced by one or two degrees depending upon how the court regards the importance of the requisites present. Verga The state of necessity must not have been created by the one invoking the justifying circumstances. How. with respect to other circumstances. This is what you call incomplete justification of fulfillment of duty or incomplete justification of exercise of a right. the presence of one shall be regarded as the majority. although he was not the actor. damage or injury caused. B will answer only to the extent of the benefit derived by him. if only the element of unlawful aggression is present. you need only to say this: If less than a majority of the requisites necessary to justify the act or exempt from criminal liability are present. defense of relative or defense of stranger. if at all. Invariably. persons who did not participate in the damage or injury would be pro tanto civilly liable if they derived benefit out of the state of necessity. defense of relative. the offender will be entitled to a privelege mitigating circumstance. Dam was opened. on the principle that “no one should enrich himself at the expense of another”.Criminal Law 1 Reviewer (Padilla cases and notes combined with Ortega Notes) Incomplete self-defense or incomplete justifying circumstance or incomplete exempting circumstances When you say incomplete justifying circumstance. but the second is not because the offender acted with culpa. A cannot be justified because the state of necessity was brought about by his own felonious act. but the land of A was destroyed. Civil liability referred to in a state of necessity is based not on the act committed but on the benefit derived from the state of necessity. A drove his car beyond the speed limit so much so that when he reached the curve. /vvverga Page 52 of 100 . He will not be civilly liable. It was B who was benefited. Civil liability is based on the benefit derived and not on the act. you have to qualify your answer. Illustration: A and B are owners of adjoining lands. If C who drove all the goats is accused of malicious mischief. there is no criminal nor civil liability. defense of relative or defense of stranger. If the question refers generally to justifying or exempting circumstances. to have incomplete self-defense. if aside from the element of unlawful aggression another requisite. the offender shall be given only the benefit of an ordinary mitigating circumstance. Fulfillment of duty In the justifying circumstance of a person having acted out of fulfillment of a duty and the lawful exercise of a right or office. A owns the land for planting certain crops. For example. his defense would be that he acted out of a state of necessity. but not all. you always have to specify the element of unlawful aggression.
there is absence of freedom of action or intelligence. Illustration: A. they were held guilty of the crime of murder because the fellow was killed when he was sleeping and totally defenseless. supposedly a notorious bandit. who mistook him for someone else. A youthful offender can only be confined in a reformatory upon order of the court. as defined is limited to mental aberration of the mind. However. the most important issue is how the minority of the offender affected his criminal liability. They found out later on that the man was not really Balagtas. After firing a shot in the air. he cannot be made criminally liable. since suspension of sentence requires certain conditions: /vvverga Page 53 of 100 . 1991. or absence of negligence. You apply paragraph 5 on fulfillment of duty. There was an order to kill Balagtas if he would resist. Imbecility and insanity There is complete absence of intelligence. or freedom of action on the part of the offender is missing. imprudence. or whether the accused acted in total deprivation of freedom of will. the policeman was stabbed and despite the fact that the aggressor ran into a crowd of people. However. let us say. In case it is a culpable felony. The policeman would be held criminally liable because he acted with imprudence in firing toward several people where the offender had run. Is the act of A justified? Yes. to bring the criminal to the authorities. he drew his revolver and went after B. decided on November 21. they saw a certain person who resembled Balagtas in all his bodily appearance sleeping on a bamboo bed but facing the other direction. in the eyes of the law. Imbecile has an IQ of 7. started firing at the man. he becomes the unlawful aggressor. The accused. They tried to invoke the justifying circumstance of having acted in fulfillment of a duty. Note that the commitment of the offender in a reformatory is just a consequence of the suspension of the sentence. Hence. Minority In exempting circumstances. was suddenly stabbed at the back by B. This is wrong. The accused arrived at the house of a dancer who was supposedly the girlfriend of Balagtas. When A saw B. The commitment is in a penitentiary. In People v. there is no commitment in a reformatory. Rafanan. Oanis and Callanta. B did not stop so A shot B who was hit at a vital part of the body. the reason for the exemption lies on the involuntariness of the act – one or some of the ingredients of voluntariness such as criminal intent. Verga In exempting circumstances. a policeman. The justifying circumstance of self-defense cannot be invoked because the unlawful aggression had already ceased by the time A shot B. Presidential Decree No. a hoodlum. the accused Chief of Police and the constabulary soldier were sent out to arrest a certain Balagtas. If the person attacked runs after him. intelligence. this is true only if it was the person who stabbed was the one killed. When the unlawful aggressor started fleeing. But although he will be criminally liable. emotional or spiritual insanity are exempting circumstances unlike in this jurisdiction because the Revised Administrative Code. Under common law countries. The insanity that is exempting is limited only to mental aberration or disease of the mind and must completely impair the intelligence of the accused. while waiting for his wife to go home. This was the ruling in People v. Do not confuse fulfillment of a duty with self-defense. B died. the Supreme Court granted them the benefit of incomplete justification of fulfillment of duty and the penalty was reduced by one or two degrees. But if. the policeman still fired indiscriminately. The offender was not only defending himself but was acting in fulfillment of a duty. When they were there. There is no lucid interval unlike in insanity. or whether the accused acted with complete deprivation of intelligence in committing said crime. and The test of volition. 1179 requires that before a youthful offender may be given the benefit if a suspension of sentence. It seems that the view of many is that when the offender is a youthful offender. the following are the two tests for exemption on grounds of insanity: (1) (2) The test of cognition.Criminal Law 1 Reviewer (Padilla cases and notes combined with Ortega Notes) In People v. The second requisite is absent because they acted with negligence. he must necessarily be confined in a reformatory. There could not be any danger on their life and limb. 603. the unlawful aggression ceased. Exempting circumstances Vena V. there must be an application filed with the court which should pronounce sentence. without going around the house. If the sentence is not suspended. Schizoprenia (dementia praecox) can only be considered a mitigating circumstance because it does not completely deprive the offender of consciousness of his acts. The intellectual deficiency is permanent. There was nothing that prevented them from looking around the house and looking at the face of the fellow who was sleeping. lack of foresight or lack of skill. As long as he was not acting out of malice when he fired at the fleeing criminal. Dungo. Under the amendment to Presidential Decree No. Self-defense cannot be invoked. he will be given the benefit of an incomplete fulfillment of duty.
this is where the court may give him the benefit of a suspended sentence. Although. Even if the offender nine years or below acted with discernment. If over nine but below 15. he is only civilly liable but he will be committed to the surveillance of his parents who will be required to report to the court periodically on the progress or development of the offender. An offender below 18 is always entitled to a mitigating or exempting circumstance. It is to be imposed one degree lower and in the proper periods subject to the rules in Article 64. tripped on a stone with one of his car tires. although the minor may be qualified. he is not 18 years old or over yet. where generally there is civil liability. What is the liability of the driver? There is no civil liability under paragraph 4 of Article 12. This paragraph embodies the Latin maxim “damnum absque injuria”. This time it is fixed. while considering the condition of the traffic and the pedestrians at that time. The burden is upon the prosecution to prove that the offender acted with discernment. the be will the (1) (2) (3) The crime committed should not be punishable by reclusion perpetua or death penalty. the offender is exempt not only from criminal but also from civil liability. (2) Damnum absque injuria Under Article 12. he would be committed in a reformatory. It is not for the minor to prove that he acted without discernment. /vvverga Page 54 of 100 . How does the minority of the offender affect his criminal liability? (1) If the offender is within the bracket of nine years old exactly or less. correlate paragraph 4 of Article 12 with the second paragraph of Article 275. The stone flew hitting a pedestrian on the head. that he was doing it with due care but somehow. he cannot avail of a suspended sentence. This means that the offender must be performing a lawful act. If the offender is proven to have acted with discernment. Illustration: A person who is driving his car within the speed limit. The pedestrian suffered profuse bleeding. All that the minor has to show is that he is within the age bracket. if the offender was exempt from criminal liability because the prosecution was not able to prove that the offender acted with discernment. If the youthful offender has filed an application therefor. in paragraph 4 of Article 12. It is a crime. The reason is because if the sentence were to be suspended. Article 275 gives you the crime of abandoning the victim of one’s own accident. there is no exemption anymore but he is also given the benefit of a suspended sentence under the conditions stated earlier and if at the time the sentence is promulgated. the court will impose a penalty one degree lower. (3) If at the time the judgment is to be promulgated he is already above 18. but lowered by at least two degrees. If the sentence should not suspended. injury resulted by mere accident without fault or intention of causing it. there is no civil liability as well as criminal liability. the court promulgate the sentence but the minor shall be entitled to reduction of the penalty by at least two degrees. If the sentence is promulgated. it has to prove that the crime was committed with discernment. However. (4) If the offender is 15 years old and above but below 18. this should not be taken against him because in this age bracket. the accident referred to in paragraph 2 of Article 275 is in the concept of paragraph 4 of Article 12. the penalty to be imposed is discretionary on the court. Since he cannot be committed to a reformatory anymore because he is not less than 18 years old. Here. Here. he would have to be When the offender is over nine but below 15. The limitation that it should be lowered by at least two degrees is just a limitation on the power of the court to reduce the penalty. he is exempt from criminal liability but not from civil liability.Criminal Law 1 Reviewer (Padilla cases and notes combined with Ortega Notes) Vena V. It may be lowered by three or four degrees. yet. Verga committed to a penitentiary. The driver is not under obligation to defray the medical expenses. The offender should not have been given the benefit of a suspended sentence before. This means he is a first timer. There is no more bracket where the offender is a minor yet no longer entitled to a mitigating circumstance. paragraph 4. the exemption is absolute. He may be given the benefit of a suspended sentence under the conditions mentioned earlier and only if he would file an application therefor. If the prosecution would want to pin criminal liability on him. Note that the age of majority has been reduced to 18. this is just an exempting circumstance. That means promulgation of sentence shall not be suspended. a distinction has to be made whether the offender acted with or without discernment. It cannot be less than two degrees. Suspension of sentence is not automatic. He must be below 18 years old because a youthful offender is one who is below 18. depending upon whether the court deems best for the interest of the offender. This type of offenders are absolutely exempt.
when the penalty imposed is death or life The offender must be totally deprived of freedom. he is not exempt from criminal liability because he is still possessed with voluntariness. penalty for parricide is reclusion perpetua to death. before you go into any circumstance. Instead. therefore. can never be offset by any (2) As to effect /vvverga Page 55 of 100 . That is precisely why this circumstance is considered privileged. if not offset. That means that the penalty prescribed of the crime committed shall be reduced by one or two degrees in accordance with Article 69 of the Revised Penal Code. lower first the penalty to the proper degree. but the requisites for exemption are not all present. Mitigating circumstances Distinctions between ordinary mitigating circumstances (1) mitigating circumstances and privileged As to the nature of the circumstances Ordinary mitigating circumstances can be offset by aggravating circumstances. it is a privilege. the facts state. the infliction of the injury by mere accident does not give rise to a criminal or civil liability. where it is privilege. The circumstances under Article 13 are generally ordinary mitigating. When there is a lowering of penalties by degrees. If the penalty is lowered by one or two degrees. do not compensate because that would be violating the rules. The offender shall be given the benefit of privelege mitigating circumstances. the offender must act without voluntariness. You have learned that the Indeterminate Sentence Law does not apply. the offender was negligent. paragraph 2. you do not apply Article 275. If less than a majority of the requisites for exemption are present. whether to act or not. Apply the rule if majority of the requisites to exempt from criminal liability are present. he is entitled to a discretionary penalty of at least two degrees lower. that is. If he would abandon him. Notice that in the last paragraph of Article 365. provided the penalty is a divisible one. the penalty is qualified to a higher degree. Article 69 would apply. it will be Article 365 on criminal negligence. it is privilege. Will he be given the benefit of Indeterminate Sentence Law? Then. It cannot be offset by an aggravating circumstance. but the person who caused the injury is duty bound to attend to the person who was injured. in cases where the offender is below 18 years old. You can easily detect whether the circumstance which mitigates the liability of the offender is privilege or not. among other situations. Privilege mitigating circumstances operate to reduce the penalty by one or two degrees. when the crime committed is punishable by a divisible penalty. the offender is still entitled to a mitigating circumstance of incomplete exemption under paragraph 1 of Article 13. In exempting circumstances.Criminal Law 1 Reviewer (Padilla cases and notes combined with Ortega Notes) If at the very beginning. Privilege mitigating circumstance aggravating circumstance. Correlate Article 13 with Articles 63 and 64. these articles are very important. But if over nine but under 15. If the offender has still freedom of choice. except in paragraph 1. In a situation where the offender would otherwise be exempt. unless the mitigating circumstance is offset by an aggravating circumstance. In other words. Article 13 is meaningless without knowing the rules of imposing the penalties under Articles 63 and 64. the offender shall be given only the benefit of ordinary mitigating circumstances. will operate to reduce the penalty to the minimum period. when you are given indeterminate sentences. under paragraph 4 of Article 12. Question & Answer A 17 year old boy committed parricide. Although the bulk of the circumstances in Article 13 are ordinary mitigating circumstances. such an offender if criminally liable is entitled to the lowering of penalty by one degree. yet. two or more of this ordinary mitigating circumstances shall have the effect of a privilege mitigating circumstances if there is no aggravating circumstance at all. Compulsion of irresistible uncontrollable fear force and under the impulse of an Vena V. Verga Ordinary mitigating circumstances. in the case of the so-called hit and run drivers who have injured somebody and would abandon the victim of the accident. It takes preference over all other circumstances. even if there is an aggravating circumstance. depending upon what the law provides. it is in that abandonment that the crime arises which is punished under the second paragraph of Article 275. Here. if the penalty is reduced by degree. When the circumstance which mitigates criminal liability is privileged. That means the penalty shall be reduced to the minimum period of the prescribed penalty. even if force was employed on him or even if he is suffering from uncontrollable fear. paragraph 2. So also. you give effect to it above all considerations. In bar problems.
But then in the problem given. When you arrive at the correct penalty. The Indeterminate Sentence Law applies to this and so the offender will be given its benefit. the offender is a 17-year old boy. thus. the age of the offender at the time the crime was committed is not considered. therefore. The common set-up given in a bar problem is that of provocation was given by somebody. Although the penalty prescribed for the crime committed is reclusion perpetua. he did not fight back. there was a ruling that if a period of one hour had lapsed between the provocation and the commission of the felony. Sufficient provocation must come from the offended party. the person provoked retaliated on a younger brother or on an elder father. Verga Sufficient threat or provocation This is mitigating only if the crime was committed on the very person who made the threat or provocation. The person provoked cannot retaliate against him. The answer. The moment you do that. Vena V. he cannot fight the bully at that time /vvverga Page 56 of 100 . In other words. you disregard the privileged character of minority. Question & Answer A was walking in front of the house of B. It is wrong for you to determine whether the Indeterminate Sentence Law will apply or not on the basis of reclusion perpetua because that is not the imposable penalty.Criminal Law 1 Reviewer (Padilla cases and notes combined with Ortega Notes) imprisonment. The accused tried to reason out but the bully slapped him several times in front of so many people. the penalty would go one degree lower and the penalty for parricide which now stands at reclusion perpetua will go down to reclusion temporal. that is not the imposable penalty. Although in fact. that is the time when you find out whether the Indeterminate Sentence Law will apply or not. C told B that sometime in the past. whatever anger or diminished self control may have emerged from the offender had already vanished or disappeared. Illustration: The accused went to a barrio dance. the courts are generally considering that there must be no break between the provocation or threat and the commission of the felony. but if provocation did not come from the person offended. In that gathering. the felony was committed precisely because he was then and there provoked. the recent rulings of the Supreme Court. since being 17 years old is a privilege mitigating circumstance. The imposable penalty. This is one of the three instances where the offender has performed a felony different from that which he intended. it is the age of the offender at the time the sentence is to be promulgated. so A boxed C. this circumstance does not avail. Between giving the offender the benefit of the Indeterminate Sentence Law and withholding it away from him. If the resulting felony could be expected from the means employed. Criminal laws are to be construed always in a manner liberal or lenient to the offender. therefore. under paragraph 3. Being a 17-year old boy. Praeter intentionem The common circumstance given in the bar of praeter intentionem. this is the product of intentional felony. But for purposes of suspension of the sentence. That privilege lowers the penalty by one degree. paragraph 4. Can A invoke sufficient provocation to mitigate criminal liability? No. B approached A and boxed him. Therefore. there is more reason to give him its benefit. Privilege mitigating circumstance will apply over and above all other considerations. However. has stretched this criterion – it is not only a matter of time anymore. therefore. the law presupposes that during that interval. Before. not a culpable one. A boxed him. this mitigating circumstance is no longer applicable. You are only treating it as an ordinary mitigating circumstance. the age of the offender at the time of the commission of the crime shall be the basis. For purposes of lowering the penalty by one or two degrees. so he was humiliated and embarrassed. is yes. there is sufficient provocation. as well as the Court of Appeals. There may actually be sufficient provocation which immediately preceded the act. If there is sufficient break of time before the provocation or threat and the consequent commission of the crime. That circumstance is privileged. there was a bully and he told the accused that he is not allowed to go inside. Reclusion temporal is already governed by the Indeterminate Sentence Law. mitigating circumstances does not apply. you have to apply that circumstance first. is reclusion temporal. However. some of whom were ladies who were being courted by the accused. So before you go in the Indeterminate Sentence Law. it is not mitigating because the one who gives the provocation is not the one against whom the crime was committed. but A cannot hit back at B because B is bigger. The commission of the felony must be immediate to the threat or provocation in order that this circumstance be mitigating. This circumstance does not apply when the crime results from criminal negligence or culpa. not the age of the offender at the time the sentence is to be imposed. means that there must be a notable disproportion between the means employed by the offender compared to that of the resulting felony. B at that time was with his brother C. and because he was small. Article 13 will not apply. In applying this mitigating circumstance. When the crime is the product of reckless imprudence or simple negligence. He shall be given the benefit of the Indeterminate Sentence Law.
Article 13. The Supreme Court gave him the benefit of this mitigating circumstance. in one case. consider whether passion or obfuscation is generated by common law relationship or by some other human consideration. he came home and surprised his common law wife having sexual intercourse with a friend. they may be appreciated together. he was armed with a knife and he stabbed the bully to death. Verga who made the threat or provocation. 5 and 6 stands or arises from a set of facts. therefore. here. it cannot be based on common law relationship because common law relationships are illicit. or vice-versa. However. Hence. if there is that time element and at the same time. The trial court denied his claim because the relationship was a common law one. Diokno. then you use the criterion based on the time element. In considering whether the wrong is a grave one upon the person who committed the crime. unlike in sufficient threat or provocation where the crime should be inflicted upon the very person /vvverga Page 57 of 100 . On review. The word “immediate” here does not carry the same meaning as that under paragraph 4. Only one of the three mitigating circumstances should be given in favor of the offender. The outrage was so serious unless vindicated. facts are given indicating that at the time the offender committed the crime. the reason for paragraph 4 still applies. there is a material lapse of time stated in the problem and there is nothing stated in the problem that the effect of the threat or provocation had prolonged and affected the offender at the time he committed the crime. So. The accused was still acting under a diminished self control because he was thinking of the humiliation he suffered in the hands of the offended party. In a case where the relationship between the accused and the woman he was living with was one of common law. The same is true with the circumstances under paragraphs 4 and 5. sufficient provocation was one of mitigating circumstances considered by the Supreme Court in favor of accused. his age. his spouse. As a rule. The word “immediate” here is an erroneous Spanish translation because the Spanish word is “proxima” and not “immediatementa. although they arose from one and the same case. a Chinaman eloped with a woman. and another mitigating circumstance arises from another set of facts. The reason stated by the Supreme Court for allowing the accused to be benefited by this mitigating circumstance is that the effect of the humiliation and outrage emitted by the offended party as a provocation upon the accused was still present when he committed the crime and. It is enough if what was imputed or what was done was wrong. He killed the friend and he claimed passion or obfuscation. However. he was not able to sleep throughout the night. despite the lapse of about 22 hours. he is acting under a diminished self control. he is still suffering from outrage of the threat or provocation done to him. Since they are predicated on different set of facts. the prohibition against considering all these mitigating circumstances together and not as one applies only if they would be taken on the basis of the same set of facts. in vindication of a grave offense. it need not be the same person who committed the grave offense or who was offended by the wrong done by the offended party. there is a ruling to the effect that if the offender is given the benefit of paragraph 4. the accused was given the benefit of the circumstances and the basis of considering passion or obfuscation in favor of the accused was the act of the common law wife in committing adultery right from the conjugal bed. The passion must be legitimate. then he will still get the benefit of this mitigating circumstance. Actually. thinking of the humiliation and outrage done to him. This is the reason why it is mitigating. then you can predicate any one of these circumstances on one fact and the other on another fact and so on. You have to look at two criteria: (1) If from the element of time. one of the mitigating circumstances under paragraphs 4. was the the the Vena V. Accused had no choice but to go home. So.Criminal Law 1 Reviewer (Padilla cases and notes combined with Ortega Notes) because the latter was much bigger and heavier.” Therefore. whether natural. As long as the offender at the time he committed the felony was still under the influence of the outrage caused by the provocation or threat. Here. it is enough that the offender committed the crime with the grave offense done to him. The evidence for the accused showed that when he went home. However. it almost three days before accused was able to locate the house where Chinaman brought the woman. his ascendant or descendant or to his brother or sister. he cannot be given the benefit of paragraph 5 or 6. the vindication need not be done by the person upon whom the grave offense was committed. When he saw the bully again. any man who discovers that infidelity was (2) In People v. This infuriated him. If the case involves a series of facts. Vindication of a grave offense The word “offense” should not be taken as a crime. Whether or not they are married. adopted or legitimate and that is the proximate cause of the commission of the crime. this time. Here. This is the correct interpretation of paragraph 4. education and social status will be considered. Passion or obfuscation This stands on the premise or proposition that the offender is suffering from a diminished self control because of the passion or obfuscation.
This was held to be obfuscation. under this circumstance. Whether or not a warrant of arrest had been issued against the offender is immaterial and irrelevant. this may be considered as mitigation of a grave offense to him or otherwise as a situation sufficient to create passion or obfuscation. Surrender to be considered voluntary and thus mitigating. Verga As a general rule. because (1) he acknowledges his guilt (2) he wishes to save the government the trouble and expenses of searching and capturing him. She gave him the best years of her life. the surrender is not spontaneous. this is not voluntary surrender. personal property was entrusted to him and he misappropriated the same. A man and a woman were living together for 15 years. It was held that passion and obfuscation were considered mitigating. the accused will be given the benefit of sufficient provocation if the intercourse was done in his dwelling. then Article 247 does not apply. still. demonstrating an intent to submit himself unconditionally to the person in authority or his agent in authority. In a case where the offender is deaf and dumb. voluntary surrender is not applicable. some men whistled lustfully. However. In this case. C danced with B. Voluntary surrender The essence of voluntary surrender requires that the offender. However. a receptionist in a beerhouse. had evaded the law enforcers and the law enforcers do not know of his whereabouts. Physical defect The physical defect that a person may have must have a relation to the commission of the crime. Therefore. A. the ruling was that voluntary surrender is mitigating. The man left the village where they were living and never returned home. he tried to avoid responsibility by claiming self-defense which however he was not able to prove. The criterion is whether or not the offender had gone into hiding or had the opportunity to go into hiding and the law enforcers do not know of his whereabouts. Mindac. if he comes out from hiding because he is seriously ill and he went to get medical treatment. after having committed the crime. If this act was done somewhere else and the accused kills the paramour or the spouse. decided December 14. Hence. almost naked. it is not mitigating. A saw this and stabbed C. Where the reason for the surrender of the accused was to insure his safety. must be spontaneous. The male classmate stabbed said men. Although this is the ruling. If. there is a ruling that if after committing the crime. If the surprising was done not in the actual act of sexual intercourse but before or after it. Article 247 does not apply. a female classmate. the offender had the opportunity to go into hiding.Criminal Law 1 Reviewer (Padilla cases and notes combined with Ortega Notes) committed on the very bed provided by him to the woman would naturally be subjected to obfuscation. surprises his wife who was nude and lying with another man who was also nude. his act of surrendering under such circumstance indicates that he is willing to accept the consequences of the wrong he has done and also thereby saves the government the effort. for which reason he raped her. Even if the offender may have gone into hiding. Where the offender went to the municipal building not to own responsibility for the killing. when a married man upon coming home. a male classmate is escorting B. such man cannot claim passion as a mitigating circumstance. vindication of a grave offense will be mitigating in favor of the offender. In short. the offender did not flee and he went with the responding law enforcers meekly. It was held that jealousy is an acknowledged basis of passion. the offender would come out in the open and he gives himself up. such fact is not tantamount to voluntary surrender as a mitigating circumstance. If he would give up. However. She practically waited for him day and night. if after committing the crime. 1992. People v. he gets the benefit of Article 247. his arrest by policemen pursuing him being inevitable. When a man saw a woman bathing. If he kills them. The /vvverga Page 58 of 100 . Illustrations: A is courting B. the offender did not flee and instead waited for the law enforcers to arrive and he surrendered the weapon he used in killing the victim. the fact that he did not flee is not voluntary surrender. then even if the law enforcers do not know exactly where he was hiding and he would come out. the surrender is not considered as indicative of remorse or repentance. instantly killing him. Ingratitude was shown here. he continues to elude arrest. the time and the expenses to be incurred in looking for him. she stabbed the groom in the chest. Although he admitted his participation in the killing. that requisite which in the first place. the offender must have surprised his/her spouse actually committing sexual intercourse should be present. On the way out. Vena V. his act of doing so will be considered as indicative of repentance and he also saves the government the time and the expense of looking for him. if the law enforcers had already known where he is hiding and it is just a matter of time before he is flushed out of that place. When a married person surprised his better half in the act of sexual intercourse with another. The common law wife learned that he was getting married to a classmate. She confessed and explained that any woman cannot tolerate what he did to her. The surrender here is only done out of convenience to save his own self. On the scheduled wedding day.
it is not qualifying. Not any physical defect will affect the crime. If a person is deaf and dumb and he has been slandered. It will only do so if it has some relation to the crime committed. Therefore it is included in the provision of law defining the crime. It only affects the penalty to be imposed but the crime remains the same. if you find qualifying circumstances. The act of a thief in leading the authorities to the place where he disposed of the loot has been considered as analogous or equivalent to voluntary surrender. such circumstance is not mitigating. In Article 248. the so-called generic aggravating circumstances are referred to simply as aggravating circumstances. as long as his means of action. If not alleged but proven during the trial. you understand that only one is qualifying. If this happens. In the examination. in the crime of murder. he got a piece of wood and struck the fellow on the head. Qualifying circumstances to be appreciated as such must be specifically alleged in the complaint or information. can be offset by an ordinary mitigating No need to allege this circumstance in the information. his subsequent stealing because of his poverty will not be considered mitigated by incomplete state of necessity. The fact that he was deaf and dumb is not mitigating because that does not bear any relation to the crime committed. If the offender is blind in one eye. the law specifically mentions thereunder several circumstances which are aggravating under Article 14. this is not so where the offender became impoverished because of his own way of living his life. /vvverga Page 59 of 100 . the court would consider the same in imposing the penalty. Distinctions between aggravating and qualifying circumstances: In aggravating circumstances – (1) (2) The circumstance circumstance. Being an ingredient of the crime. Vena V. If it is not so included. with the same degree of proof required to establish the crime itself. This is so because there is no qualifying circumstance that is not aggravating. however. To say qualifying aggravating circumstance is redundant. Aggravating circumstances Kinds of aggravating circumstances: (1) (2) (3) (4) Generic or those that can generally apply to all crime. However. Stealing by a person who is driven to do so out of extreme poverty is considered as analogous to incomplete state of necessity. Verga Most important of the classification of aggravating circumstances are the qualifying and the generic aggravating circumstances. Analogous cases The act of the offender of leading the law enforcers to the place where he buried the instrument of the crime has been considered as equivalent to voluntary surrender. it will be considered only as generic aggravating circumstance. (2) (3) An aggravating circumstance is qualifying when it is an ingredient of the crime. If it is proved during trial. as long as it is proven during trial. he cannot talk so what he did was. The so-called qualifying aggravating circumstances are simply referred to as qualifying circumstances. The circumstance is actually an ingredient of the crime. defense or communication with others are not restricted. It is not an ingredient of a crime. The aggravating circumstances must be established with moral certainty. This circumstance must also have a bearing on the crime committed and must depend on how the crime was committed. you have to think about these as aggravating circumstances which are the ingredients of the crime. All of these will qualify a killing from homicide to murder. as a result of which he became poor. Qualifying or those that change the nature of the crime. (3) In qualifying circumstance – (1) The circumstance affects the nature of the crime itself such that the offender shall be liable for a more serious crime.Criminal Law 1 Reviewer (Padilla cases and notes combined with Ortega Notes) crime committed was estafa. Inherent or those that must of necessity accompany the commission of the crime. they are susceptible of being offset by a mitigating circumstance. Specific or those that apply only to a particular crime. If his lifestyle is one of having so many vices. The Supreme Court held that being a deaf and dumb is mitigating because the only way is to use his force because he cannot strike back. In practice. it cannot be offset by any mitigating circumstance. The crime committed was physical injuries.
Illustration: A person induced another to kill somebody. let us say. If any one of the three circumstances was proven. What is present is betrayal of trust and that is not aggravating. he is liable for the same crime committed. only one will qualify the crime. Article 62 gives you the different rules regarding aggravating circumstances. (People v. like treachery. If the confidence is reposed by another. Let us say. Vena V. abuse of confidence is no longer aggravating. The others will merely be considered as generic. colleges and universities. Illustrations: A mother left her young daughter with the accused because she had nobody to leave the child with while she had to go on an errand. Abuse of confidence Do not confuse this with mere betrayal of trust. Aggravating circumstances will not be considered when it is the crime itself. Therefore. it is only appreciated as a generic aggravating circumstance. He killed a stranger and not the parent. if that is not the circumstance alleged in the information. the accused cannot be convicted of murder because the circumstance proven is not qualifying but merely generic. Even if any of the qualifying circumstances under Article 248 on murder was proven. the accused was charged with murder. Correlate Article 14 with Article 62. During the trial. As far as the killing is concerned. If he was driven by the master already out of the house for some time and he came back and poisoned the child. evident premeditation and act was done in consideration of a price. the offended party is different from the fellow who reposed the confidence and abuse of confidence in this case is not aggravating. Taoan. The reason is because /vvverga Page 60 of 100 . However. If the other two are also proven. they are only to be taken as generic. the fellow was hired to kill the parent of the one who hired him. what was alleged in the information was treachery. reward or promise were alleged as aggravating. If not alleged in the information. Article 14. Just the same. it cannot be considered qualifying because a qualifying is an ingredient of the crime and it cannot be taken as such without having alleged in the information because it will violate the right of the accused to be informed of the nature of the accusation against him. sex Aggravating only in crimes against persons and honor. The fellow who hired him will not be liable for the crime he had done because that was not the crime he was hired to commit. professors. The servant poisoned the child. This is aggravating only when the very offended party is the one who reposed the confidence. The treachery was not proved. The fellow who induced him becomes a co-principal and therefore. although initially they are considered as qualifying. the offended party is one of the members of the family. Three of these circumstances: treachery. supervisors of public and duly recognized private schools. Thus. This is only true however. Verga Taking advantage of public position Article 62 was also amended by the Republic Act No. it will only aggravate the criminal liability of those who employed the same. Only one of these is qualifying. It is generic because it is not alleged in the information at all. 182 SCRA 601). what was proven was the price. Disrespect due to rank. When the aggravating circumstance refers to the material execution of the crime. It was held that abuse of confidence is aggravating. The legal import of this amendment is that the subject circumstance has been made a qualifying or special aggravating that shall not be offset or compensated by a mitigating circumstance. if there is any ordinary mitigating circumstance in favor of the accused. In a case where the offender is a servant. 156 SCRA 790). it cannot qualify the crime. the two other circumstances which are otherwise qualifying could be offset by the mitigating. If any of these qualifying circumstances is not alleged in the information. The mitigating circumstance referred to in the amendment as not affecting the imposition of the penalty in the maximum are only ordinary mitigating circumstances. provided the mitigating circumstance is not a privileged mitigating circumstance. however. not against property like Robbery with homicide (People v. the treachery will qualify only the criminal liability of the actual executioner. If the crime charged is qualified trespass to dwelling. but not for purposes of aggravating circumstances in paragraph 2. Ga. if the servant was still in the service of the family when he did the killing. It was held that the abuse of confidence is not aggravating. If there is any mitigating circumstance in favor of the offender. such will be wiped out by these circumstances. That fellow killed the other guy and employed treachery. Teachers. 7659. reward or promise as a consideration for killing. age. dwelling is no longer aggravating. even if they are alleged in the information or complaint.Criminal Law 1 Reviewer (Padilla cases and notes combined with Ortega Notes) If let us say. the crime was already murder. Privileged mitigating circumstances always lower the penalty accordingly. but proven during the trial. Do not hesitate to offset on the principle that a qualifying circumstance cannot be offset by an ordinary mitigating circumstance because only one is necessary. What was committed is different from what was agreed upon. if there are three of the qualifying circumstances alleged in the complaint or information. as well as lawyers are persons in authority only for purposes of direct assault and simple resistance. The accused abused the child.
For this reason. when an attack is made while A is on the stairs. even if the offender caught up with him already out of the house. A man was killed in the house of his common law wife. If the offended party was assaulted while on the stairs. Hence. Peace of mind and comfort. If the place used is on the second floor.Criminal Law 1 Reviewer (Padilla cases and notes combined with Ortega Notes) that confidence has already been terminated when the offender was driven out of the house. maintaining the room. Due to the wife's refusal to go back to the conjugal home and live with the husband. If he is killed there. The crime of adultery was committed. if the paramour was also residing on the same dwelling. If the dwelling is both that of the offended party and the offender. It is enough that he used the place for his peace of mind. It was held that dwelling was aggravating although it is not owned by the offended party because the offended party is considered as a member of the family who owns the dwelling and that dwelling is where she enjoyed privacy. A room in a hotel or motel will be considered dwelling if it is used with a certain degree of permanence. rest and peace of mind in the abode of the offended party is considered a dwelling. The sister accommodated the wife in the formers home. is considered a dwelling. dwelling is not aggravating. A occupies the ground floor while B the upper floor. Dwelling need not be owned by the offended party. It was held that dwelling is aggravating. peace of mind and comfort. rest. If the offender entered the house and the offended party jumped out of the house. The husband went to the house of the sister-in-law and tried to persuade the wife to come back to the conjugal home but the wife refused because she is more at peace in her sister's house than in the conjugal abode. considering that any dependency necessary for the enjoyment of a place of abode is considered a dwelling. if a man has so many wives and he gave them a /vvverga Page 61 of 100 . dwelling is not aggravating. rest. Illustrations: A and B are living in one house. If the attack is made while B was on the stairs. Dwelling is not limited to the house proper. then dwelling is aggravating because the comfort room is a necessary dependency of the house proper. When he is only a visitor there. The paramour is not a resident of the same dwelling. Illustrations: A man was fixing something on the roof of his house when he was shot. So. the husband pulled out a knife and stabbed the wife which caused her death. Even a room in a hotel if rented as a dwelling. provided that the offended party is considered a member of the family who owns the dwelling and equally enjoys peace of mind. Dwelling is aggravating. the aggravating circumstance of dwelling is not present. The stairs here would form part only of B's dwelling. Whenever one is in his dwelling. The wife left the conjugal home and went to the house of her sister bringing her personal belongings with her. If a young man brought a woman in a motel for a short time and there he was killed. A person has more than one dwelling. dwelling is not aggravating. Hence. A person while in the room of his house. It should also not be the dwelling of the offender. dwelling is already aggravating. this aggravating circumstance. the stairs which are used to reach the second floor is considered a dwelling because the second floor cannot be enjoyed without the stairs. Roof still part of the house. like what the salesmen do when they are assigned in the provinces and they rent rooms. the law is presuming that he is not intending to commit a wrong so one who attacks him while in the tranquility of his home shows a degree of perversity in him. Dwelling was considered aggravating on the part of the paramour. Verga places of their own. The term “dwelling” includes all the dependencies necessary for a house or for rest or for comfort or a place of privacy. In the provinces where the comfort rooms are usually far from the house proper. Illustration: Husband and wife quarreled. then the aggravating circumstance of dwelling is present. was shot. Dwelling Dwelling will only be aggravating if it is the dwelling of the offended party. privacy and comfort. Husband inflicted physical violence upon the wife. The rule that dwelling. each one is his own dwelling. if the offended party while answering the call of nature is killed. the same being necessary and an integral part of his house or dwelling. dwelling is not considered aggravating. Dwelling can be aggravating even if it is not owned by the offended party. However. Dwelling is aggravating in this case because the house was provided by the man. Dwelling should not be understood in the concept of a domicile. dwelling will be aggravating. in order to be aggravating must be owned by the offended party is no longer absolute. Vena V. where the offended party seeks privacy. All the appurtenances necessary for the peace and comfort. comfort and privacy. provided that he also stays there once in a while.
Verga It is determined not by the distance of the nearest house to the scene of the crime but whether or not in the place of the commission of the offense . Nocturnity is the period of time after sunset to sunrise. there was a reasonable possibility of the victim receiving some help. dwelling is not aggravating because whenever a store is open for business. If the dwelling portion is attacked. Whenever you talk of band. Even if the crime was committed at night. Illustration: A is on board a banca. One-half of the house is used as a store and the other half is used for dwelling but there is only one entrance. 1992). when actually it should be 4 or more. D showed up from underwater and stabbed B. a crime was committed near the lamp post. but there was light. darkness was not present. there is another separate entrance to the portion used for dwelling. not so far away. shall be necessary. However. the crime must begin and end during the nighttime. despite the fact that there were other persons not so far from the scene. The reason is because he could not have left his dwelling were it not for the fact that the attacker entered the house. as well as crime began at night and ended at day is not aggravated by the circumstance of nighttime. there is no aggravating circumstance here. but only three or less are armed. B and C also are on board on their respective bancas. Is there an aggravating circumstance of uninhabited place here? Yes. If the dwelling portion is attacked where even if the store is open. Evidence tending to prove that the offender took advantage of the place and purposely availed of it is to make it easier to commit the crime. even for a brief moment. Crime began at day and ended at night. The crime is the band itself. Even if there are four.Criminal Law 1 Reviewer (Padilla cases and notes combined with Ortega Notes) dwelling is still aggravating. Dwelling is still aggravating even if the offender did not enter the house. from dusk to dawn. The mere forming of a band even without the commission of a crime is already a crime so that band is not aggravating in brigandage because the band itself is the way to commit brigandage. the chances of B receiving some help was very little. Dwelling is aggravating where the place is. considering the fact that A and C before being able to give assistance still have to jump into the water and swim towards B and the time it would take them to do that. As a rule. decided October 22. in case the store is closed. All of them should be armed. Nighttime What if the crime started during the daytime and continued all the way to nighttime? This is not aggravating. always have in mind four at least. it is not considered part of the dwelling. If not connected. it is not a band.Brigandage. If the offended party was inside the house and the offender was outside and the latter shot the former inside the house while he was still outside. Uninhabited place Illustration: Vena V. the circumstance is aggravating. Do not say three or more because it is four or more. a “home”. no aggravating circumstance just by the fact of nighttime alone. De Los Reyes. The Supreme Court held that there is no aggravating circumstance of nighttime. it is a public place and as such is not capable of being the subject of trespass. dwelling is aggravating since here. The way the law defines a band is somewhat confusing because it refers simply to more than 3. Even if there was darkness but the nighttime was only an incident of a chance meeting. However. Balcony is part of the dwelling because it is appurtenant to the house Dwelling is aggravating in robbery with homicide because the crime can be committed without necessarily transgressing the sanctity of the home (People v. band becomes aggravating. Different forms of repetition or habituality of the offender /vvverga Page 62 of 100 . the store is not a public place as in the first case. although he is not the owner thereof as when victim was shot in the house of his parents. Suddenly. there should at least be four persons. It must be shown that the offender deliberately sought the cover of darkness and the offender purposely took advantage of nighttime to facilitate the commission of the offense. One evening. hence. Correlate this with Article 306 . Band In band. A garage is part of the dwelling when connected with an interior passage to the house proper. Darkness is what makes this circumstance aggravating. where brigandage is actually committed.
Habitual delinquency under Article 62 (5) – The offender within the period of 10 years from the date of his release or last conviction of the crimes of serious or less serious physical injuries. The circumstance must be alleged in the information. Recidivism cannot be had if the crime committed is a violation of a special law. It is important that the conviction which came earlier must refer to the crime committed earlier than the subsequent conviction. an additional penalty shall be imposed depending upon whether it is already the third conviction. when a person commits a crime under different titles. A committed robbery. (c) robbery. if he is subsequently convicted of a crime embraced in the same title of the Revised Penal Code. Pardon does not erase recidivism. he committed theft in 1983. (b) less serious physical injuries. (2) (4) (3) (5) Recidivism In recidivism. He also did not appeal this decision. While the case was being tried. (d) theft. There is no time limit between the first conviction and the subsequent conviction. hurto. The law considers this aggravating when a person has been committing felonies embraced in the same title because the implication is that he is specializing on such kind of crime and the law wants to prevent any specialization. (e) estafa or swindling and (f) falsification. The crimes are limited and specified to: (a) serious physical injuries. . it is taken into account as aggravating in imposing the penalty. Is the accused a recidivist? The subsequent conviction must refer to a felony committed later in order to constitute recidivism. (5) In habitual delinquency – (1) (2) At least three convictions are required. the fifth and so on . The circumstance need not be alleged in the information. Recidivism is imprescriptible. The reason for this is as the time the first crime was committed. Hence. otherwise the court cannot acquire jurisdiction to impose additional penalty. (4) Distinctions between recidivism and habitual delinquency In recidivism – (1) (2) (3) (4) Two convictions are enough. Habitual delinquency is a special aggravating circumstance. it is enough that they may be embraced under the same title of the Revised Penal Code. /vvverga Page 63 of 100 . The conviction became final because he did not appeal anymore and the trial for his earlier crime which was robbery ended in 1984 where he was also convicted. It is a generic aggravating circumstance which can be offset by an ordinary mitigating circumstance. ordinarily. Recidivism does not prescribe. robo. the fourth. Verga There is a time limit of not more than 10 years between every convictions computed from the first conviction or release from punishment thereof to conviction computed from the second conviction or release therefrom to the third conviction and so on . the crimes committed should be felonies. In recidivism. but not the conviction. . even if it is absolute because only excuses the service of the penalty.Criminal Law 1 Reviewer (Padilla cases and notes combined with Ortega Notes) (1) Recidivism under Article 14 (9) – The offender at the time of his trial for one crime shall have been previously convicted by final judgment of another embraced in the same title of the Revised Penal Code. The crimes are not specified. no aggravating circumstance is present. If not offset. there was no other crime of which he was convicted so he cannot be regarded as a repeater. Quasi-recidivism under Article 160 – Any person who shall commit a felony after having been convicted by final judgment before beginning to serve such sentence or while serving such sentence shall be punished by the maximum period prescribed by law for the new felony. . (3) Vena V. He was found guilty and was convicted of theft also in 1983. . hence it cannot be offset by any mitigating circumstance. No matter how long ago the offender was convicted. the emphasis is on the fact that the offender was previously convicted by final judgement of a felony and subsequently found guilty of another felony embraced in the same title of the Revised Penal Code. Illustration: In 1980. it would only increase the penalty prescribed by law for the crime committed to its maximum period. Repetition or reiteracion under Article 14 (10) – The offender has been previously punished for an offense which the law attaches an equal or greater penalty or for two or more crimes to which it attaches a lighter penalty. Aside from the penalty prescribed by law for the crime committed. is found guilty of the any of said crimes a third time or oftener. estafa or falsification.
because the robbery which was committed earlier would be decided later. the offender committed robbery. the pardon shall erase the conviction including recidivism because there is no more penalty so it shall be understood as referring to the conviction or the effects of the crime. In recidivism. It need not be alleged in the information. However. If these are not alleged. If it is not alleged in the information and in the course of the trial. the dates when they were committed. he was convicted of theft and he did not appeal this decision. Right now. the procedure you know that when the prosecutor alleges habitual delinquency. the court cannot admit the evidence presented to prove habitual delinquency over the objection of the accused. The trial for robbery ended in 1981. this would seem to be covered but that is not so. the objection should be overruled. It is necessary to allege recidivism in the information. Even if the accused is in fact a habitual delinquent but it is not alleged in the information. then the moment the habitual delinquent is on his fourth conviction already. Habitual delinquency We have to consider the crimes in it and take note of the titles of crimes in the Revised Penal Code. he is not a recidivist. the court has no jurisdiction to consider the offender a habitual delinquent. May the judge in imposing the penalty for robbery consider the accused a recidivist considering that he was already convicted in 1980 for the crime of theft which is under the same title of the Revised Penal Code as that of robbery? No. it must specify the crimes committed. the present rule is that it can be appreciated even if not alleged in the information. It must be the other way around. As such. even though in imposing the penalty for the robbery. the court which tried the case. On the other hand. When the offender is a recidivist and at the same time a habitual delinquent. the information is defective. you cannot avoid that he is a habitual delinquent and at the same time a recidivist because at least. Generally. but if the defense does not object to the presentation of evidence during the trial and the same was proven. if proven during trial. the trial court can appreciate it. Recidivism may be considered even though not alleged in the information because this is only a generic aggravating circumstance. If the first conviction is for serious physical injuries or less serious physical injuries and the second conviction is for robbery. you have a situation where the offender is a habitual delinquent but not a recidivist because no two crimes fall under the same title of the Code.Criminal Law 1 Reviewer (Padilla cases and notes combined with Ortega Notes) Vena V. Habitual delinquency. in a relatively recent ruling of the Supreme Court. theft or estafa and the third is for falsification. the court shall consider such aggravating circumstance because it is only generic. if that conviction is subsequent to the commission of the robbery. If the offender had committed and was convicted of each of the crimes under each category so that no two crimes fall under the same title of the Revised Penal Code. Thus. This is because in 1975 when he committed the robbery. Verga If the offender has already served his sentence and he was extended an absolute pardon. The reason is recidivism is a generic aggravating circumstance only. being a special or specific aggravating circumstance must be alleged in the information. Habitual delinquency refers to prior conviction and therefore this must be brought in the information before the court can acquire jurisdiction over this matter. if proven during trial. there was already a previous conviction. it was held that even though the details of habitual delinquency was not set forth in the information. the penalty for the crime for which he will be convicted will be increased to the maximum period unless offset by a mitigating circumstance. If you will interpret the definition of recidivism. In 1980. If the prosecution tried to prove recidivism and the defense objected. as long as there is an allegation there that the accused is a habitual delinquent. there was no crime committed yet. that is enough to confer jurisdiction upon the court to /vvverga Page 64 of 100 . although the law defines it as a circumstance where a person having been convicted by final judgement was previously convicted also by final judgement for a crime embraced in the same title in the Revised Penal Code. the court can appreciate the same. he committed theft. an added penalty will be imposed in accordance with Article 62. the prosecution when introducing evidence was objected to. While the same was being tried in 1978. the prosecution tried to prove that the offender is a habitual delinquent over the objection of the accused. The reason why habitual delinquency cannot be appreciated unless alleged in the information is because recidivism has nothing to do with the crime committed. Thus. This is the correct view because recidivism is a generic aggravating circumstance. recidivism is a generic aggravating circumstance. Question & Answer In 1975. it is necessary that the conviction must come in the order in which they are committed. the fourth time will have to fall under any of the three categories. the date when the accused was convicted or discharged. it does not have to be alleged in the information because even if not alleged. even if recidivism is not alleged in the information. After determining the correct penalty for the last crime committed.
That is why if the offender committed a subsequent felony which carries with it a penalty lighter than what he had served. While he was in Muntinlupa. pay attention to the penalty attached to the crime which was committed for the second crime. the penalty prescribed by law for the crime committed shall be lowered by 1 or 2 degrees. If he committed another lesser one. However. even though over and above the objection of the defense. Reiteracion This has nothing to do with the classification of the felonies. The emphasis is on the nature of the crime committed while serving sentence or before serving sentence. if there is only a second conviction. but then it shall be imposed in the maximum period if the offender is a quasirecidivist. but even at this stage. Reverse the situation. If that is the situation. Is he a quasi-recidivist? Yes. In consideration of a price. since there are already two of them subsequently. you disregard whatever penalty for the subsequent crimes committed. the accused has the right to avail of the so-called bill of particulars. If the offender had not yet served out his penalty. this fellow was corrected because instead of committing a serious crime. subsequently. he committed a felony. So. the law considers that somehow he has been reformed but if he. because the crime committed while serving sentence is not a felony. He becomes a quasi-recidivist because the crime committed was a felony. he was found smoking marijuana. a violation of the Revised Penal Code. This is the philosophy on which the circumstance becomes aggravating. then he becomes a repeater. in reiteracion. even if literally. While serving sentence in Muntinlupa. That is why it is said that reiteracion is not always aggravating. Illustration: Offender had already been convicted by final judgement. the offender has already tasted the bitterness of the punishment. he killed someone. However. the penalty attached to the crime subsequently committed should be higher or at least equal to the penalty that he has already served. It is necessary in order that there be reiteracion that the offender has already served out the penalty. he committed a lesser one. he will more or less refrain from committing crimes again. repetition is not aggravating. the offender is already a repeater. he got involved in a quarrel and killed a fellow inmate. The killing was committed before serving sentence but convicted by final judgement. the law expects that since he has already tasted punishment. This cannot be offset by any mitigating circumstance and the imposition of the penalty in the maximum period cannot be lowered by any ordinary mitigating circumstance. Assume that the offender was found guilty of illegal use of prohibited drugs. the offender is a repeater. then he becomes a repeater because that means he has not yet reformed. Sentence was promulgated and he was under custody in Muntinlupa. he is deemed to have waived the required particulars and so the court can admit evidence of the habitual delinquency. if he commits a felony carrying a lighter penalty. When there is a privileged mitigating circumstance. In so far as the earlier crime is concerned. Quasi-recidivism is a special aggravating circumstance.Criminal Law 1 Reviewer (Padilla cases and notes combined with Ortega Notes) consider habitual delinquency. Verga This is found in Article 160. reward or promise The Supreme Court rulings before indicate that this circumstance aggravates only the criminal liability of the person who committed the crime in /vvverga Page 65 of 100 . because while serving sentence. he escaped from his guard and in the course of his escape. That means he has not yet tasted the bitterness of life but if he had already served out the penalty. It should not be a violation of a special law. When there is a third conviction. forget about reiteracion. Is he a quasi-recidivist? No. reiteracion is not aggravating because the law considers that somehow. The offender must already be convicted by final judgement and therefore to have served the penalty already. If the accused fails to file such. In the absence of the details set forth in the information. Quasi-recidivism Vena V. While he was serving sentence. You will only consider the penalty in reiteracion if there is already a second conviction. it is necessary that it be a felony. In reiteracion. Even in a criminal case. The emphasis here is on the crime committed before sentence or while serving sentence which should be a felony. again commits another felony which carries a lighter penalty. This is so because if the penalty attached to the felony subsequently committed is not equal or higher than the penalty already served. He was prosecuted for illegal use of prohibited drugs and was convicted. Illustration: The offender was convicted of homicide. the accused may file a motion for bill of particulars. Even if the penalty for the subsequent crimes committed are lighter than the ones already served. he committed a felony before beginning to serve sentence or while serving sentence. that means that the offender was never reformed by the fact that he already served the penalty imposed on him on the first conviction. as the case may be.
thought of killing B on Friday. too. you burn down his house while the latter is inside. Whenever a killing is done with the use of fire. he told B. If the intent is to destroy property. reward or price offered or given as a consideration for the commission of the crime. On Friday. However. What condition is missing to bring about evident premeditation? Evidence to show that between Monday and Friday.Criminal Law 1 Reviewer (Padilla cases and notes combined with Ortega Notes) consideration of the price. you could designate it as “death as a consequence of arson. if the killing was accidental. A and B fought on Monday but since A already suffered so many blows. qualify. /vvverga Page 66 of 100 . A killed B. Law enforcers only use this to indicate that a killing occurred while arson was being committed. The crime committed is only murder. On Thursday. However. As a consequence. Sufficient lapse of time between such determination and execution. Is there evident premeditation in both cases? None in both cases.” Evident premeditation Vena V. A boxed B. the son of B was also in their house and who was peeping through the door and saw what A did. it is homicide since it is noted that they were arguing. However. reward or consideration. this is murder. "I will kill you this week. their responsibilities are the same. They are both principals and that is why the recent rulings of the Supreme Court are to the effect that this aggravating circumstance affects or aggravates not only the criminal liability of the receiver of the price. On Friday. Is there evident premeditation? None but there is treachery as the attack was sudden. promise. the crime is homicide because there was no evident premeditation. No such crime as arson with homicide. or reward but not the criminal liability of the person who gave the price. If the victim is already dead and the house is burned." On Friday. there was no evident premeditation. as when to kill someone. A met B and killed him. the crime is arson since he intended to burn the house only. As far as the killing of B is concerned. that murder cannot be considered for C. Afraid that A might kill him. C was burned and eventually died too. the crime is arson even if someone dies as a consequence. If the intent is to kill. One argument led to another until A struck B to death with a bolo. Illustrations: A and B fought. Is there evident premeditation? There is aberratio ictus. I will kill you. A told B. the offender has manifested the intention to kill the victim. Can there be evident premeditation when the killing is accidental? No. a principal by inducement while the person receiving the price. What is necessary to show and to bring about evident premeditation aside from showing that as some prior time. "This week shall not pass. Illustration: A and B were arguing about something. acts indicative of his having clung to his determination to kill B. the following conditions must concur: (1) (2) (3) The time when the accused determined to commit the crime. Insofar as C is concerned. Insofar as B is concerned. there must be a clear reflection on the part of the offender. Verga For evident premeditation to be aggravating. A and B had a quarrel. and subsequently killed the victim. At the most. Illustration: A. An act manifestly indicating that the accused has clung to his determination. A then dragged B's body and poured gasoline on it and burned the house altogether. the crime is attempted murder because there is evident premeditation. he waited for B but killed C instead. the crime is arson. In evident premeditation. when there is a promise. A knew that B is coming home only on Friday so A decided to kill B on Friday evening when he comes home. So. It could not be murder. reward or promise but also the criminal liability of the one giving the offer. reward or promise who would execute the crime is a principal by direct participation. There is no such crime as murder with arson or arson with homicide. Hence. A killed B. the offender clung to his determination to kill the victim. Evident premeditation shall not be considered when the crime refers to a different person other than the person premeditated against. on Monday. the person making the offer is an inducer. As far as the killing of C is concerned. there is murder even if the house is burned in the process." A bought firearms. By means of inundation or fire Fire is not aggravating in the crime of arson. A told B that someday he will kill B. It is either arson or murder. to allow him to reflect upon the consequences of his act. A did not know that C. he hid somewhere in the house.
they were going to drink. But there may be evident premeditation and there is treachery also when the attack was so sudden. The means. Carpio. Illustration: A and B have been quarreling for some time. Lee. A did not dare fire at B for fear that he might hit a stranger but instead. Verga There are some crimes which cannot be aggravated by evident premeditation because they require some planning before they can be committed. Illustration: A person who has been courting a lady for several years now has been jilted. It is not enough that there is some premeditation. B accepted. The fact that the offender premeditated is not prima facie indicative of evident premeditation as the meeting or encounter between the offender and the offended party was only by chance or accident. He bought a firearm and practiced shooting and then sought B. It is not necessary that the victim is identified. This is murder – a homicide which has been qualified into murder by evident premeditation which is a qualifying circumstance. It is required that there be evidence showing meditation between the time when the offender determined to commit the crime and the time when the offender executed the act. sharpened it and stabbed the first man he met on the street. Premeditation must be clear. He. 1991). robbery with force upon things where there is entry into the premises of the offended party. the law says evident. This is one aggravating circumstance where the offender who premeditated. It is essential for this aggravating circumstance for the victim to be identified from the beginning. A proposed that to celebrate their renewed friendship. What is the essence of treachery? /vvverga Page 67 of 100 . and estafa through false pretenses where the offender employs insidious means which cannot happen accidentally. Same where A planned to kill any member of the Iglesio ni Kristo. Do not consider both aggravating circumstances of treachery and evident premeditation against the offender. When A saw B in the restaurant with so many people.Criminal Law 1 Reviewer (Padilla cases and notes combined with Ortega Notes) While it is true that evident premeditation may be absorbed in treachery because the means. then bought a knife. just to intoxicate the latter. Because of this. size and strength. Abuse of superior strength There must be evidence of notorious inequality of forces between the offender and the offended party in their age. Craft Aggravating in a case where the offenders pretended to be bona fide passengers of a jeepney in order not to arouse suspicion. A and B are enemies. employing means to weaken the defense. but once inside the jeepney. Evident premeditation is always absorbed in treachery. A approached B and befriended him. method and form of attack may be premeditated and would be resorted to by the offender. method and form in the commission of the crime which tend directly and specially to insure its execution without risk to himself arising from the defense which the offended party might make. Evident premeditation was not absorbed in treachery because treachery refers to the manner of committing the crime. It must appear that the offender clung to his determination to commit the crime. he thought of killing somebody. It is enough that the victim is determined so he or she belongs to a group or class who may be premeditated against. If this was the very means employed. Intoxication is the means deliberately employed by the offender to weaken the defense of the offended party. decided on December 20. the circumstance may be treachery and not abuse of superior strength or means to weaken the defense. A premeditated to kill any member of particular fraternity. It was held that evident premeditation is not present. The mere fact that there were two persons who attacked the victim does not per se constitute abuse of superior strength (People v. method or form employed my be an aggravating circumstance which like availing of total darkness in nighttime or availing of superior strength taken advantage of by the offender. Vena V. It is only treachery because the evident premeditation is the very conscious act of the offender to ensure the execution. They fought on Monday and parted ways. 191 SCRA 12). In order for evident premeditation to be considered. A saw a knife and used it to stab B with all suddenness. One day. A was just waiting for him to get intoxicated and after which. and that the offender took advantage of such superior strength in committing the crime. robbed the passengers and the driver (People v. the very person/offended party premeditated against must be the one who is the victim of the crime. He then killed one. A pretended to befriend B. he stabbed B. B was having too much to drink. Treachery Treachery refers to the employment of means. This is a circumstance that will qualify a killing from homicide to murder. Evident premeditation is part of the crime like kidnapping for ransom. A decided to seek revenge.
191 SCRA 643). B pulled a knife as well and stabbed A also. the crime is still murder if the victim is killed. means and form used or employed by him. because the victim would be put on guard (People v. the offended party was denied the chance to defend himself. raping a woman from behind is ignominous because this is not the usual intercourse. due to the means. However. while the victim after having been killed by the offender. whether or not the victim is dead or alive. even only a token one. it is something which offends the moral of the offended woman. B died. the offended party was not able to put up any defense. Ilagan. the Supreme Court considered the crime as aggravated by ignominy. The crime committed is murder but then the correct circumstance is not treachery but means employed to weaken the defense. But although a quarrel preceded the killing where the victim was atop a coconut tree. Illustration: A and B quarreled. although Vena V. If because of the cover of darkness. But where children of tender years were killed. A thought of committing a crime at nighttime with the cover of darkness. 1992. the offended party. ignominy is adding insult to injury. B was not able to put up a defense and A was able to flee while B died. the offender shoved the body inside a canal. Toribio). this is also a qualifying circumstance. Ignominy refers to the moral effect of a crime and it pertains to the moral order. the nighttime is generic aggravating circumstance. being one year old and 12 years old. the offended party fought back. If the offended party was able to put up a defense. ignominy is held aggravating. One evening. which is also a qualifying circumstance of murder under Article 248. the implication is that the offender had consciously and deliberately adopted the method. then the attendant circumstance is no longer treachery but means employed to weaken the defense. In a case where the crime committed is rape and the accused abused the victims from behind. Distinction between ignominy and cruelty Ignominy shocks the moral conscience of man while cruelty is physical. method or form employed by the offender. Accused held liable only for the killings. they took advantage of superior strength but somehow. 1991). So. Verga stabbing may be sudden since A was not shown to have the intention of killing B. the crime is murder because there is already treachery. if the offender avails of the services of men and in the commission of the crime. Gahon. There must be evidenced on how the crime was committed. What crime was committed? The crime is only homicide because the aggravating circumstance is only nocturnity and nocturnity is not a qualifying circumstance. A waited for B and stabbed B. decided on April 30. In the same manner. It is not enough to show that the victim sustained treacherous wound. there is no treachery anymore. The reason why treachery cannot be considered as present here is because the offended party was able to put up a defense and that negates treachery.Criminal Law 1 Reviewer (Padilla cases and notes combined with Ortega Notes) The essence of treachery is that by virtue of the means. if A and B casually met and there and then A stabbed B. the accused was prosecuted for robbery with homicide. A clear example is a married woman being raped before the eyes of her husband. Treachery is out when the attack was merely incidental or accidental because in the definition of treachery. A was wounded but not mortal so he managed to run away. In People v. the crime was homicide only. In a case of homicide. A positioned himself in the darkest part of the street where B passes on his way home. B was able to walk a few steps before he fell and died. Treachery not appreciated where quarrel and heated discussion preceded a killing. In the example where A pretended to befriend B and invited him to celebrate their friendship. A thought of killing B but then he cannot just attack B because of the latter's size. aggravated by dwelling and in disregard of age. Example: A had a gunshot wound at the back of his head. So. Hence. decided on July 6. /vvverga Page 68 of 100 . It must be shown that the victim was totally defenseless. Instead some other aggravating circumstance may be present but not treachery anymore. However A had no chance to fight with B because A is much smaller than B. Gupo). method or form employed by the offender. Although one of the victims was barely six years old. the accused was convicted only for homicide. Robbery was not proven beyond reasonable doubt. Although the qualifying circumstance is abuse of superior strength and not treachery. Cruelty pertains to physical suffering of the victim so the victim has to be alive. treachery was considered as the victim was not in a position to defend himself (People v. if B despite intoxication was able to put up some fight against A but eventually. Suddenness of the attack does not by itself constitute treachery in the absence of evidence that the manner of the attack was consciously adopted by the offender to render the offended party defenseless (People v. Lapan. the killing is murder even if the manner of attack was not shown (People v. treachery cannot be considered present. But in murder. In plain language. This is how animals do it. The SC ruled this is only homicide because treachery must be proven. In the first situation. In treachery.
even though proven during the trial. the said special aggravating circumstance can be appreciated if proven. Intoxication. Alternative circumstances Four alternative circumstances Use only the term alternative circumstance for as long as the particular circumstance is not involved in any case or problem. the court cannot validly consider the circumstances because it is not among those enumerated under Article 14 of the Code as aggravating. To be aggravating. Illustration: A and B are enemies. In the absence of evidence to this effect. there is cruelty only when there are evidence that the offender inflicted the stab wounds while enjoying or delighted to see the victim in pain. or mutually helped one another in the commission of a crime. It is noteworthy. If mitigating. There is a decision by the Court of Appeals that a motorized bicycle is a motor vehicle even if the offender used only the foot pedal because he does not know how to operate the motor so if a bicycle is used in the commission of the crime. Cruelty and ignominy are circumstances brought about which are not necessary in the commission of the crime. motor vehicle becomes aggravating if the bicycle is motorized. This circumstance is aggravating only when used in the commission of the offense. 181 SCRA 315). A upon seeing B pulled out a knife and stabbed B 60 times. confederating or mutually helping one another for purposes of gain in the commission of a crime. The Supreme Court held that it added shame to the natural effects of the crime. if not alleged in the information. Otherwise. The moment it is given in a problem. Cruelty is aggravating in rape where the offender tied the victim to a bed and burnt her face with a lighted cigarette while raping her laughing all the way (People v. Aggravating when a motorized tricycle was used to commit the crime (1) (2) (3) (4) Relationship. The circumstance being special or qualifying. If relationship is aggravating. ignominy is aggravating. there is no cruelty. Motor vehicle The Supreme Court considers strictly the use of the word “committed”. The crime is murder if 60 wounds were inflicted gradually. Will that fact be considered as an aggravating circumstance of cruelty? No. do not use alternative circumstance. Lucas. motorized means of transportation or motorized watercraft. refer to it as aggravating. paragraphs were added which provide that the maximum penalty shall be imposed if the offense was committed by any person who belongs to an organized or syndicated crime group. Verga Organized or syndicated crime group In the same amendment to Article 62 of the Revised Penal Code. Vena V. An organized or syndicated crime group means a group of two or more persons collaborating. refer to it as aggravating or mitigating depending on whether the same is considered as such or the other.Criminal Law 1 Reviewer (Padilla cases and notes combined with Ortega Notes) After having been killed. Degree of instruction. there must be evidence showing that the accused inflicted the alleged cruel wounds slowly and gradually and that he is delighted seeing the victim suffer in pain. it must be alleged in the information and proved during the trial. With this provision. which acts are inherent in a conspiracy. /vvverga Page 69 of 100 . it must have been used to facilitate the commission of the crime. conspiracy in the commission of the crime is alleged in the information. the body was thrown into pile of garbage. Where therefore. however. confederated. Unlawful entry Unlawful entry is inherent in the crime of robbery with force upon things but aggravating in the crime of robbery with violence against or intimidation of persons. that the crime is committed with the use of a motor vehicle. then refer to it as such. If motor vehicle is used only in the escape of the offender. and Education. For cruelty to exist as an aggravating circumstance. Sixty stab wounds do not ipso facto make them aggravating circumstances of cruelty. the circumstance of an organized or syndicated crime group having committed the crime has been added in the Code as a special aggravating circumstance. absence of this evidence means the crime committed is only homicide. the allegation may be considered as procedurally sufficient to warrant receiving evidence on the matter during trial and consequently. motor vehicle is not aggravating. that there is an organized or syndicated group even when only two persons collaborated.
It is not the quantity of alcoholic drink. they should prove that it is habitual and that it is intentional. that if the circumstance is present. Since it was payday. The Supreme Court did not give the mitigating circumstance because of the number of wounds inflicted upon the victim. There is no criminal liability but only civil liability if the offender is related to the offended party as spouse. The conduct of the offender. intoxication will not be considered mitigating. This is the rational why intoxication is mitigating. There must be indication that because of the alcoholic intake of the offender. regardless of the crime committed. One may not have any degree of instruction but is nevertheless educated. Those commonly given in Article 332 when the crime of theft. Exempting circumstance is the relationship. So the mere fact that the offender has taken one or more cases of beer of itself does not warrant a conclusion that intoxication is mitigating. so that if the prosecution wants to deny the offender the benefit of this mitigation. a spouse does not incur criminal liability for a crime of less serious physical injuries or serious physical injuries if this was inflicted after having surprised the offended spouse or paramour or mistress committing actual sexual intercourse. but after stabbing the victim he hailed a tricycle and even instructed the driver to the place where he is sleeping and the tricycle could not reach his house and so he has to alight and walk to his house. malicious mischief and swindling or estafa. So the court will not consider this as aggravating or mitigating simply because the circumstance has no relevance to the crime that was committed. the other circumstances in Article 15 may not be taken into account at all when the circumstance has no bearing on the crime committed. the indication is that the offender gained strength out of the drinks he had taken. Intoxication does not simply mean that the offender has partaken of so much alcoholic beverages. the offender had practically lost self control. then there is no diminished self control. There is diminished voluntariness insofar as his intelligence or freedom of action is concerned. One pulled out a knife and stabbed the other. Degree of instruction also will not be considered if the crime is something which does not require an educated person to understand. because of the intoxication is already acting under diminished self control. That is wrong. It is only the circumstance of intoxication which if not mitigating. his behavior after committing the crime must show the behavior of a man who has already lost control of himself. the court will have to take it as mitigating. the same will immediately aggravate. there were two laborers who were the best of friends. the offended woman must be a virgin and less than 18 yrs old. Vena V. Illustration: In a case. if not mitigating. Relationship Relationship is not simply mitigating or aggravating. So if this reason is not present. the Supreme Court said. the court will not consider it at all. even if the woman is 60 years old or more. The moment it is shown to be habitual or intentional to the commission of the crime. requires that the offender has reached that degree of intoxication where he has no control of himself anymore.Criminal Law 1 Reviewer (Padilla cases and notes combined with Ortega Notes) Except for the circumstance of intoxication. But the other circumstances. The intoxication in law requires that because of the quality of the alcoholic drink taken. When they drank two cases of beer they became more talkative until they engaged in an argument. The idea is the offender. Verga This circumstance is ipso facto mitigating. Example: A has been living with (3) Sometimes. relationship is a qualifying and not only a generic aggravating circumstance. Otherwise intoxication cannot legally be considered. Intoxication /vvverga Page 70 of 100 . Among such circumstances are: (1) (2) In the case of an accessory who is related to the principal within the relationship prescribed in Article 20. So although the offender may have partaken of two cases of beer. crime is qualified seduction. Intoxication to be considered mitigating. Rather it is the effect of the alcohol upon the offender which shall be the basis of the mitigating circumstance. ascendant. Also in Article 247. he is suffering from diminished self control. Degree of instruction and education These are two distinct circumstances. It is not the quantity of drink that will determine whether the offender can legally invoke intoxication. This is an absolutory cause. relationship is qualifying. they decided to have some good time and ordered beer. Relationship may not be considered at all. In such a case. In the crime of qualified seduction. There were 11 stab wounds and this. But if the offender is a brother of the offended woman or an ascendant of the offended woman. or descendant or if the offender is a brother or sister or brother in law or sister in law of the offended party and they are living together. There are specific circumstances where relationship is exempting. especially if it is not inherent in the commission of the crime. is incompatible with the idea that the offender is already suffering from diminished self control. even if they are present. but if they do not influence the crime. When arraigned he invoked intoxication as a mitigating circumstance. aggravating. the manner of committing the crime. On the contrary. regardless of whether the woman is of bad reputation. Do not think that because the article says that these circumstances are mitigating or aggravating. is automatically aggravating.
Vena V. Victim. there was not sufficient provocation to justify her in using a deadly weapon. If a child or son or daughter would kill a parent. land dispute. Decision: No. APEGO Keyword: Paranoid sister. The /vvverga Page 71 of 100 . It may happen also that the offender grew up in a family of professionals. But it does not follow that he is bereft of education. mitigated by the privileged extenuating circumstance of incomplete self-defense. (1) WHEN KILLING FOR HONOR HELD JUSTIFIED.Criminal Law 1 Reviewer (Padilla cases and notes combined with Ortega Notes) professionals for sometime. she was not warranted in making such a deadly assault. When the appellant fired his shotgun from his window. But if he committed falsification. but in order for it to be appreciated. In the same manner. The Supreme Court held that although he did not receive schooling. it is concluded that. Verga third element is also present. he was invoking lack of degree of education. after admitting having shot the deceased from the window of his house with a shotgun under the foregoing circumstances claim that he did so in defense of his person and his rights and therefore he should be exempted from criminal liability. If the offender did not go higher than Grade 3 and he was involved in a felony. PEOPLE vs. believing that some person is attempting to abuse her asks who the intruder is and receives no reply. self-defense Issue: Can the defendant. illiteracy will not mitigate because the low degree of instruction has no bearing on the crime. notwithstanding the woman's belief in the supposed attempt. The fact that he has knowledge of the law will not aggravate his liability. attacks the said person with a pocketknife. (2) WHEN KILLING HELD UNJUSTIFIED. killing his two victims. “gaddemit!”. All the requisites of exempting circumstance are present and should be taken into consideration. the offender may be a lawyer who committed rape. SELF-DEFENSE (PROPIA DEFENSA). So he understands what is right and wrong. The defendant’s act constitutes a justifying circumstance since: Aside from the right to life on which rests the legitimate defense of our person. PEOPLE vs. reasonable necessity of the means employed to prevent or repel it and lack of sufficient provocation on the part of the person defending himself. defense of one’s person or rights is treated as a justifying circumstance under Article 11 . Revised Penal Code. Appellant is therefore guilty beyond reasonable doubt of only two (2) homicides. his resistance was disproportionate to the attack. and the right to honor which is not the least prized of our patrimony. (a) PICKING UP KNIFE OF RAPIST PREPARING TO LIE WITH ACCUSED AND STABBING HIM). husband stabbed at the vital organ by the sister with fan knife and TIN CANS. as the injured person did not insist CASES FOR JUSTIFYING. we have the right to property acquired by us. Issue: W/N the defendant can plead complete self-defense. although she actually believed it to be the beginning of an attempt against her. because his knowledge has nothing to do with the commission of the crime. that will aggravate his criminal liability. He may just be a maid in the house with no degree of instruction but he may still be educated. jumping from the window fell on some stones. MITGATING AND AGGRAVATING CIRCUMSTANCES I. Issue: W/N the defendant is entitled on grounds of legitimate selfdefense. the following requisite should be present: unlawful aggression. Decision: Yes. only he is the black sheep because he did not want to go to school. where he used his special knowledge as a lawyer. and the nature of the wound shows that she was either standing up or sitting up at the time. Decision: When a sleeping woman is awakened at night by some one touching her or grasping her arm. LUAGUE Keyword: Woman about to be raped while her husband was at work. yet it cannot be said that he lacks education because he came from a family where brothers are all professionals. NARVAEZ Keywords: fencing. paragraph 1 of the RPC. and she. WITHOUT INSISTENCE OR REPETITION WHICH COULD BE CONSIDERED AN ATTEMPT AGAINST HONOR. There is no question that there was aggression on the part of the victims: one of the deceased ordering while the other actually participating in the fencing. MERE TOUCHING OR GRASPING OF ARM. couple coming from Nasugbu. However. reasonableness of the resistance is also a requirement of the justifying circumstance of self-defense or defense of one's rights under paragraph I of Article 11. The fact that the offender did not have schooling and is illiterate does not mitigate his liability if the crime committed is one which he inherently understands as wrong such as parricide. EVEN IF INTRUDER DID NOT REPLY WHEN ASKED WHO HE WAS PEOPLE vs.
The accused exceeded her right of self-defense since there was really no need of wounding the victim. The element of practicability made it impossible for him to determine during the heat of a sudden attack whether he would increase or diminish the risk to which exposed by standing his ground or stepping aside. When the deceased retreated. The ancient common law rule in homicide was denominated “retreat to the wall”. KILLING OF PARAMOUR NOT ATTRIBUTABLE TO ATTEMPT TO RAPE ACCUSED WHO MAINTAINED ILLICIT RELATION WITH VICTIM FOR SOME TIME PEOPLE vs. Issue: W/N the woman can plead self-defense considering that the man seems to be asleep when he was killed. PEOPLE vs. there was present the circumstance of incomplete exemption from responsibility since the second requisite is missing. Under the circumstances. Decision: Yes. and therefore a statement alleging such violence is improbable and inadmissible as a basis for an exemption from liability. Issue: W/N the defendant is entitled to acquittal for having killed the victim in the exercise of his right of self-defense. LUAGUE. ALCONGA Keywords: Gambling. A policeman in the performance of his duty must stand his ground and cannot take refuge in flight when attacked. There was no reasonable cause for striking a blow in the center of the body where the vital parts are located. Unlawful Aggression When present Attempt to rape a woman PEOPLE VS. /vvverga Page 72 of 100 . The crime having been committed by the owner of the house against the person who had by mutual consent frequented the house. the circumstance of nocturnity cannot be considered because the nighttime was not purposely selected by the accused. though originally the unlawful aggressor. the same having ceased from the moment the deceased took to his heels. This principle has now given way in the US to Vena V. POTESTAS Keywords: Woman kills her paramour who was not her live-in partner saying that the latter tried to rape her. Decision: No. Since one of the ingredients of self-defense is missing. An accused was no longer acting in self-defense when he pursued and killed a fleeing adversary. PEOPLE vs. Defendant was a police Issue: W/N the defendant can maintain that he killed the victim in self-defense and that he is exempt from criminal liability. In the initial stage. SUPRA US vs. Accused did not provoke the assault. There were two stages in the fight. the force employed by the defendant was reasonably necessary and that he acted in legitimate self-defense. there being then no more aggression to defend against. His duty requires him to overcome his opponent and the force he may exert therefore differs somewhat from that which ordinarily may be offered in self-defense. Issue: W/N there is a reasonable necessity for the means employed to repel the attack. Both men accused each other for starting the fight. LAUREL Keywords: Stolen kiss. MOJICA Keywords: Constabulary versus Police. Thus. Verga “stand ground when in the right” rule. DOMEN Keyword: Fight over a carabao. being accustomed to pass the night in her house. complete self-defense cannot be invoked. the deceased assaulted the defendant but the latter was able to resist the aggression. striking with a “Japanese wood” and inflicting with a tuba knife causing the victim’s death. PEOPLE vs. Decision: When it is proven that the deceased had for some time maintained illicit relations with the accused. i. Victim became so angry and threatened to inflict harm on the defendant. The resistance was not disappropriate to the assault thus the accused is exempted from criminal liability because he acted in legitimate defense of his person. This doctrine make it the duty of a person assailed to retreat as far as he can before he is justified in meeting force with force. Decision: Yes. threatened by the constabulary. defendant cheated the victim. upon the ground that the accused in committing the homicide acted in self-defense. it cannot be believed that it was necessary for him to resort to violence. in the commission of the crime. Guards.Criminal Law 1 Reviewer (Padilla cases and notes combined with Ortega Notes) or repeat any act which could be considered as an attempt against her honor. There was no provocation on the defendant’s part. there was no longer any danger to the life of the accused but the latter pursued him and inflicted many additional wounds. The law did not require the accused to retreat. There was reasonable necessity for the means employed by X to repel the attack. and at a time when they were both in bed.
Issue: W/N the person who aided the old man by furnishing a weapon to the latter makes the former liable for homicide. The deceased was under the obligation to surrender and had no right after evading service of his sentence. To hold the accused guilty of homicide may have the effect of demoralizing police officers discharging official functions identical or similar to those in the performance of which petitioner was engaged at the time he fired at the deceased. HOW INSANITY IS PROVED /vvverga Page 73 of 100 . Verga Issue: W/N it was the defendant who was the assailant. Decision: Considering the preceding relations between the contending parties. although it proved to be fatal. Issue: W/N the policeman should be held liable Decision: No. In the Philippines. US vs. PEOPLE vs. insanity “I’ll kill you”. was declared to be exempt from responsibility in repelling the attack of which he was the victim and in wounding his assailant therewith. the burden of establishing that fact rests upon him. In the case at bar. it is the offended party who was directly or indirectly affected and who would naturally be interested in demanding an explanation and therefore in seeking the interview. who furnished the legitimate weapon used in his defense should be also acquitted and declared exempt from any responsibility. there would be halfhearted and dispirited efforts on their part to comply with such official duty. PEOPLE VS. If one who defends a third person under the conditions and with the requisites the penal law lays down for exempting him from responsibility should be acquitted of the charge in a case prosecuted against him. the burden. and this presumption is confirmed by the evidence. is on the prosecution to prove beyond a reasonable doubt that the defendant committed the crime. it is illogical and unjust to deny to said assistant the same exemption from responsibility and the exoneration granted the slayer on the grounds of self-defense.Criminal Law 1 Reviewer (Padilla cases and notes combined with Ortega Notes) Vena V. PEOPLE vs. SUBINGSUBING Keywords: 78 year old man aided by another man to parry the blows of X who made unchaste proposals to the old man’s wife. to commit assault and disobedience with a weapon in the hand. The victim then can invoke self-defense. Decision: No. but sanity is presumed. “I’ll pay you” Issue: W/N the prosecution have the burden of proving that the accused was sane at the time he committed the crime. Decision: No. he is completely exempt from criminal liability. Issue: W/N the action of the defendant can be justified. DELIMA Keywords: Escapee who was killed by a policeman while ordering the latter to surrender. as was held in the same judgment to be lawful and right. with the result that thereafter. Poultry area. Police only tried to hit the victim on the leg but unfortunately hit him on the back. the logical consequence of that declaration of exemption from responsibility is that the other. Decision: Yes. so that when they meet it is to be presumed that such offended party. which although the policeman to resort to such an extreme means which. Where the one. and when a defendant in a criminal case interposes the defense of mental incapacity. The killing was done in the performance f a duty. was justified by the circumstance. The deceased did not head several warning shots. and the means employed having been reasonably necessary in this defense. Policeman committed no crime. would be the aggressor. to be sure. VALCORZA vs. who used the weapon. CABUNGCAL Keywords: ROCK THE BOAT! Issue: W/N the defendant is completely exempted from all criminal liability. PEOPLE Keywords: Detention prisoner charged of stealing chickens. the obligation of proving that affirmative allegation rests on the defense. Decision: The act performed was committed in the performance of official duty and was more or less necessary to prevent the escaping prisoner from successfully eluding the officers of the law. then when a person who did nothing more than furnish a weapon to one whom he saw in peril and in great need of defending himself and repelling a serious assault. The appellant having acted in defense of his wife and child and the other passengers in the boat in striking the deceased with an oar in order to make him desist from trying to upset the boat. the defense interposed being that the defendant was insane at the time he killed the deceased. BONOAN Keywords: barbershop. while it was at the cost of the life of the deceased. when not satisfied with the explanation offered. This would be a great detriment to public interest.
US vs. of the Revised Penal Code. we read the thoughts. Under all the circumstances of this case. The defense in a criminal action that the defendant in committing the crime acted under the impulse of an uncontrollable fear produced by a threat of an equal or greater injury to himself can be held to be sustained. or that there is a total deprivation of freedom of the will. One person is not compelled to travel behind another on the highway. that a person is criminally liable for a felony committed by him. trivial crime committed by X to a municipal president. vs. ELICANAL Keyword: Captain killed by shipmates. In the absence of all evidence to the contrary. Child was run over while the defendant was trying to overtake. Slave-driver teacher who asked the guard to type test questionnaires. it is permissible to receive evidence of the condition of his mind a reasonable period both before and after that time. Decision: No. and one has not the exclusive right to precede another. that the. as set forth in the opinion. mere abnormality of the mental faculties will not exclude imputability. the defendant. Decision: No. Applying these principles. US vs. in a particular case of defiance of local authority by the unlawful violation of a local ordinance even where the offense thus committed /vvverga Page 74 of 100 . brought him before a justice of the peace as soon as "practicable" thereafter. In the eyes of the law. paragraph 1. that is. notwithstanding the fact that three days were expended in doing so. or must produce such an effect upon the individual that in spite of all resistance. Before a force can be considered to be an irresistible one. or at least equal to that which he was required to commit and that it promised an evil of such gravity and imminence that it might be said. this court will not presume that. Whatever may have been the cause of an automobile accident. the accused is deprived of reason.Criminal Law 1 Reviewer (Padilla cases and notes combined with Ortega Notes) Vena V. the municipal president being held to have all the usual powers of a public officer for the making of arrests without warrant. viz. if clear and convincing. Issue: W/N the defendant can be acquitted with the argument that he should be exempted from criminal liability on account of insanity. Decision: No. Issue: W/N the defendant should be charged for reason of reckless negligence. suffice (People vs. therefore. The case of U. PEOPLE vs. that a felonious or criminal act (delito doloso) is presumed to have been done with deliberate intent. US vs. RENEGADO Keywords: Insane security guard. S. Impulse of uncontrollable fear of a greater injury should the defendant refuse. it must appear that the threat which caused the fear was of an evil greater that. if it cannot be attributed to the misconduct or the negligence of the operator in the management of his machine. the motives and emotions of a person and come to determine whether his sets conform to the practice of people of sound mind. Direct testimony is not required nor are specific acts of derangement essential to establish insanity as a defense. it reduces him to a mere instrument. insanity exist when there is a complete deprivation of intelligence in committing the act. For purposes of disposing of appellant's defense it becomes necessary to restate certain basic principles in criminal law. Bonoan). unfortunate circumstances than prolonged the detention. Issue: W/N the municipal president can be found guilty of “illegal and arbitrary detention” of the accused for a period of three days. Decision: Chief mate did not exercise influence over the accused. with freedom intelligence. KNIGHT Keyword: chauffer of US Army. Fortaleza followed as to the authority of a municipal president to make an arrest without a warrant for an offense committed in his presence. To prove insanity. after having arrested the complaining witness without a warrant. and malice because the moral and legal presumption is that freedom and intelligence constitute the normal condition of a person in the absence of evidence to the contrary. Thereby. Mind can only be known by outward acts. defense fails. that is. The traveler may pass to the front when he has good and sufficient grounds to believe that he can do so in safety. Verga In order to ascertain a person's mental condition at the time of the act. he cannot be held liable either civilly or criminally. VICENTILLO Keywords: illegal detention. The onus probandi rest upon him who invokes insanity as an exempting circumstances and he must prove it by clear and positive evidence. that one of the causes which will overthrow this presumption of voluntariness and intelligence is insanity in which even the actor is exempt from criminal liability as provided for in Article 12. he acts without the least discernment because there is a complete absence of the power to discern. Issue: W/N the defendant can invoke that he was acting under the impulse if an uncontrollable fear of a greater injury. ordinary man would have succeeded to it. circumstantial evidence.
DISTINGUISH INSANITY FROM SANITY Vena V. of disease or defect of the brain. baby killed by animal bites. under our jurisdiction. by reason of duress or mental disease. a person is insane when he suffers from such perverted condition of the mental and moral faculties as to render him incapable of distinguishing between right and wrong. or must be conscious of his acts. and the right and wrong test. PEOPLE vs. conscious and. which is manifested in language or conduct. it is permissible to receive of his mental condition for a reasonable period both before and after the time of the act in question. However. his free agency being at the time destroyed. with no fault or intention on her part. Insanity in law exists when there is a complete deprivation of intelligence. and characterized by perversion. or by disordered function of the sensory or of the intellective faculties. insanity may be shown by surrounding circumstances fairly throwing light on the subject. that the accused be deprived of cognition. A person acts under an irresistible impulse when. in order that he may be held liable. in itself. under said circumstance. which states that insanity is "a manifestation in language or conduct. an insane person believes in a state of things. by giving birth to a child in a thicket and later abandoning it. PEOPLE vs. to avoid the act in question. Under the right and wrong test. motives and emotions of a person. must be in the full enjoyment of his mental faculties. or at least it must be the result of a voluntary. Evidence of insanity must have reference to the mental condition of the person whose sanity is in issue. We can apply as test or criterion the definition of insanity under Section 1039 of the Revised Administrative Code. free act or omission. namely: delusion test. Insane delusion is manifested by a false belief for which there is no reasonable basis and which would be incredible under the given circumstances to the same person if he is of compos mentis. DAR employee killed. Decision: Infanticide and abandonment of a minor. irresistible impulse test. Issue: W/N the defendant can be acquitted on the grounds of insanity. which is the subject of inquiry. Even in cases where said crimes are committed through mere imprudence. abandonment Issue: W/N the mother can be held liable for infanticide and or abandonment of a minor. However. The vagaries of the mind can only be known by outward acts: thereby we read the thoughts. So far. Hiding a deadly weapon and embarking to evade arrest are conscious adoption of the pattern to kill. Puno). and through which we determine whether his acts conform to the practice of people of sound mind. An insane person has no full and clear understanding of the nature and consequence of his act. inhibition. trivial and unimportant. There no definite defined border between sanity and insanity. to be punishable. In order that insanity may relieve a person from criminal responsibility. Thus. The fact that the defendant remembered his acts proves that he was not insane or if insane. functional or organic. or by impaired or disordered volition. must be committed willfully or consciously. it is necessary that there be a complete deprivation of intelligence in committing the act. that is. that he acts without the least discernment.Criminal Law 1 Reviewer (Padilla cases and notes combined with Ortega Notes) is. Under foreign jurisdiction. the existence of which no rational person would believe. he has lost the power to choose between right and wrong. and his improvident bargains. such as evidence of the alleged deranged person's general conduct and appearance. there has been no case that lays down a definite test or criterion for insanity. Verga It is difficult to distinguish from insanity." Insanity as defined above is evinced by a deranged and perverted condition of the mental faculties. there are three major criteria in determining the existence of insanity. His unlawful act is the product of a mental disease or a mental defect. HOW COURTS SHOULD CONSIDER BURDEN OF PROOF IN CASES INVOLVING PLEA OF INSANITY /vvverga Page 75 of 100 . his acts and conduct inconsistent with his previous character and habits. that there be complete absence or deprivation of the freedom of the will (People vs. not because of imprudence or any other cause than that she was overcome by severe dizziness and extreme debility. his irrational acts and beliefs. the person who commits them. She has in her favor the fourth and seventh exempting circumstances. DUNGO Keywords: confined in a mental hospital for insanity but found sane while perpetuating the crime. Under the delusion test. Decision: One who suffers from insanity at the time of the commission of the offense charged cannot in a legal sense entertain a criminal intent and cannot be held criminally responsible for his acts. Direct testimony is not required nor the specific acts of derangement essential to establish insanity as a defense. BANDIAN Keywords: infanticide. The law exempts from criminal liability any person who acts under the circumstances in which the appellant acted in this case. it may not have been necessary or at least expedient to make an arrest and bring the offender forthwith before the proper judicial officer. at the very time of doing the act. his insanity admitted of lucid intervals. or a more or less permanently diseased or disordered condition of the mentality.
unless his insanity and absence of will are proved. Whoever. A person accused of a crime has the burden of proving his affirmative allegation of insanity. manifest and evident by reason of the open acts executed by the accused. RAFANAN Keywords: Schizophrenic person pleading not guilty for the crime of rape. However. notwithstanding the fact that he was already provided with a clean and well-prepared weapon /vvverga Page 76 of 100 . Issue No. Evident premeditation. The standard set out in Formigones were commonly adopted in subsequent case. Otherwise stated. (People vs. which he described as “parang ibon. HICKS Keyword: Afro-American soldier and Moro woman having an illicit affair. whether that intelligence be diseased be healthy. defined and punished by article 403 of the Penal Code. tinig ng ibon”." This is perhaps to be expected since person's volition naturally reaches out Vena V. Thus: In considering the plea of insanity as a defense in a prosecution for crime. while the injured woman was unarmed and unprepared." The law presumes every man to be sane. Without positive evidence that the defendant had previously lost his reason or was demented. owing to the suddenness of the attack. Appellant has not successfully discharged the burden of overcoming the presumption that he committed the crime as charged freely. Jealousy. however. Issue No 1: W/N murder was committed. doubt as to the fact of insanity should be resolved in favor of sanity. in order to relieve him from liability. and it is improper to conclude that a person acted unconsciously. and forms were employed in the attack that directly and specially insured the consummation of the crime without such risk to the author thereof as might have been offered by the victim who. the State should guard against sane murderer escaping punishment through a general plea of insanity. Decision: No. PEOPLE vs." and (b) the test of violation-"or that there be a total deprivation of freedom of the will. not an exempting. without an accompanying "complete deprivation of intelligence. was doubtless unable to flee from the place where she was standing. she being suddenly and roughly attacked and unexpectedly fired upon with a 45-caliber revolver.Criminal Law 1 Reviewer (Padilla cases and notes combined with Ortega Notes) Generally. Verga only towards that which is presented as desirable by his intelligence. a few moments prior to or during the perpetration of the crime. and after usual and customary words had passed between her and her aggressor. Decision: The above-stated facts. AGGARVATING AND MITIGATING CIRCUMSTANCES US vs. deliberately and after due reflection had resolved to kill the woman who had left him for another man.e. constitute the crime of murder. in the defense of insanity. in which she was concerned. and that it is improper to presume that acts were done unconsciously. "Such illness of the offender as would diminish the exercise of the willpower of the offender without however depriving him of the consciousness of his Acts." i. therefore. Accused confined in the mental hospital after the incident. Lastly." But our case law shows common reliance on the test of cognition.. From all of the foregoing it is logically inferred that means. on the basis of his mental condition. and in order to accomplish his perverse intention with safety. the starting premise is that the law presumes all persons to be of sound mind. which have been fully proven in the present case. every doubt is resolved in favor of the accused. circumstance in accord with Article 13(9) of the Revised Penal Code. Seclusive who allege that he hears sounds. knowingly. Acts penalized by law are always refuted to be voluntary. and at a time when she was listening to a conversation. rather than on the test relating to "freedom of the will. The quantum of evidence required to overthrow the presumption of sanity is proof beyond reasonable doubt. in criminal cases. manners. namely: (a) the tests of cognition-"complete deprivation of intelligence in committing the [criminal] act. if not point blank range. Issue: W/N the defendant can be acquitted of the charge of rape on the ground that he was suffering from a mental disorder called schizophrenia at the time he committed the crime. with the qualifying circumstance of treachery (alevosia). The circumstance of premeditation can be appreciated but should only be considered as merely a generic one. and intelligently. The burden of proving the affirmative allegation of insanity rests on the defense. in that the woman Agustina Sola met a violent death. The allegation of insanity or imbecility must be clearly proved. The woman found another man. the law presumes all acts to be voluntary." examination of the case law has failed to turn up any case where this Court has exempted an accused on the sole ground that he was totally deprived of "freedom of the will. at close. it will be presumed that he was in normal condition. the Court has recognized at most a mitigating. where the accused failed to show complete impairment or loss of intelligence. Insanity must be clearly and satisfactorily proved in order to acquit an accused on the ground of insanity. Decision: Yes. Dungo). between her aggressor and a third person. In any case. Premeditation is. 2: W/N Evident premeditation can be appreciated. Insanity is a defense in a confession and avoidance. and as such must be proved beyond reasonable doubt. or even escape or divert the weapon. All the foregoing circumstances conclusively prove that the accused. invokes insanity as a defense has the burden of proving its existence.
the latter would perhaps have inflicted upon him other wounds had it not been for the timely arrival of policeman who calmed her bellicose attitude and placed her under arrest. The stab-wound inflicted upon the deceased by the accused was not only mortal. 1: W/N the circumstances can be considered an extenuation of his criminal liability. A slight push of the head with the hand-which. a man kills his concubine upon discovering that she had carnal communication with another man. in that defendant "acted upon an impulse so powerful as naturally to have produced passion and obfuscation. especially the fact that the accused had been abandoned by the deceased after living together for three or four years. Decision: No. Issue No 2: W/N this case can be decided based on Hick’s case. As said by the supreme court of Spain in the above cited decision. Her act of mortally wounding her lover had not been precede by aggression on the part of the latter. "Considering that an unlawful aggression. . Decision: No. according to her was the cause that led her to stab him. but the sudden revelation that she was untrue to him.Criminal Law 1 Reviewer (Padilla cases and notes combined with Ortega Notes) and carried other loaded cartridges besides those already in his revolver. Issue No. such act does not constitute the unlawful aggression mentioned by the Code. Decision: Yes. which. penknife Issue No. and his discovery of her in flagrante in the arms of another. but the victim thus wounded and running away was also pursued by the accused. This marked obstinacy of the accused in her aggression clearly reveals her intention to cause to its full extent the injury she has committed. unworthy. Issue No. The only causes which mitigate the criminal responsibility for the loss of self-control are such as originate from legitimate feelings. and the harsh treatment which the deceased gave the accused /vvverga Page 77 of 100 . “that woman”. Decision: No. to a mitigating Decision: Yes. The commission of the offense of which defendant was convicted was marked with the extenuating circumstance defined in subsection 7 of article 9. Verga PEOPLE vs. YUMAN Keyword: Man refused to go back to his live-in partner. 3: W/N she is entitled to a mitigating circumstance of lack of intention to cause grave injury." the evidence disclosing that in the heat of passion he killed the deceased. nor is it necessary to inquire whether or not there was "sufficient provocation" on the part of the one invoking legitimate self-defense because both circumstances presuppose unlawful aggression. doubtless in order to successfully accomplish his criminal design. Issue No. In the former case the cause of the alleged "passion and obfuscation" of the aggressor was the convict's vexation. and. in what appeared to be a proper manner. to repel which it is lawful to employ a means of defense which may be reasonably necessary. was not present in the instant case. and immoral passions. his reason for killing her being merely that she had elected to leave him and with his full knowledge to go and live with another. which she had a perfect right to do. knife in hand. greeting everyone courteously and conversed with his victim. in view of the peculiar circumstances of the case. Issue No. who had theretofore been his querida (concubine or lover). 4: W/N the defendant is entitled circumstance that she acted under obfuscation." was not that the woman declined to have illicit relations with him. and which naturally produced "passion and obfuscation. when the author of the same does not persist in his purpose or when he desists therefrom to the extent that the person attacked is no longer in peril. This mitigating circumstance should be taken into consideration in favor of the accused. In the case at bar the impulse upon which the defendant acted. Decision: Yes. US vs. 2: W/N a slight pushing of the head which hurt the woman can be considered a mitigating circumstance: Decision: No. disguising his intention and calming her by his apparent repose and tranquility. 1: W/N the woman committed a crime. not those which arise from vicious. this was a "sufficient impulse" in the ordinary and natural course of things to produce the passion and obfuscation which the law declares to be one of the extenuating circumstances to be taken into consideration by the court. he entered the house. behaving himself properly as he had planned to do beforehand. Issue No 3: W/N the accused can invoke loss of reason and selfcontrol produced by jealousy. disappointment and anger engendered by the refusal of the woman to continue to live in illicit relations with him. we repeat. DELA CRUZ Keywords: Due to heat of passion. as a fundamental requisite of self-defense is not necessarily implied in any act of aggression against a particular person. Vena V. There is no occasion to speak her of the “reasonable necessity of the means employed to prevent or repel it". upon discovering her in flagrante in carnal communication with a mutual acquaintance.
but the physique of the aggressor ought also to be considered. or that he was penniless while she was able to earn a living and occasionally gave him money. The accused had been carrying a balisong with him for a long time as a precaution against drunkards. Decision: While it cannot be denied that Alicia was stabbed at the back. treachery cannot be imputed Issue No. Even without benefit of wedlock. White slave trade. Her loose conduct was forcibly driven home to the accused by a remark he heard on the very day of the crime that the accused was the husband "whose wife was being used by Maring for purposes of prostitution". a remark that so deeply wounded the appellant's feelings that he was driven to consume a large amount of wine (tuba) before visiting the deceased to plead with her to leave her work. was not motivated by any desire to lead a chaste life henceforth. it is not clearly shown that there was "intención deliberada de prevalerse de la superioridad aprovecharse intencionadamente de la misma" i.. a short time before the aggression. We can not see how the accused's insistence that she live with him again. Issue No. and without any present plan or intent to use it against his commonlaw wife. taking into account the emotional excitement of the accused. therefore. Issue No. Decision: No. kaingero. None is inferable from the fact that the accused was much older than his victim. The trial court itself found that the stab in the back was inflicted as the victim was running away. but there is no evidence that from this jealousy sprouted a plan to snuff out her life. In fact. or connection.e. For this reason. PEOPLE vs. Verga formidable advantage over the unarmed victim. Issue No. True that he was armed with a balisong. Under the circumstance. either. 4: W/N nighttime maybe appreciated as aggravating circumstance. It will be recalled that the lower court found that the accused had previously reproved the deceased for allowing herself to be caressed by a stranger. 3: W/N the crime can be qualified by abuse of superior strength. and which would bear any relation. and his rage at her rejection of the proposal. and. while Alicia was in the prime of her youth. he could not take advantage of it. but the accuse did no seek or take advantage of it to better accomplish his purpose. the wound was but a part and continuation of the aggression. Decision: No. likewise. There is nothing to show that the assailant and his common-law wife reposed in one another any special confidence that could be abused. but showed her determination to pursue a lucrative profession that permitted her to distribute her favors indiscriminately. 5: W/N the can be aggravating circumstance of abuse of confidence and obvious ungratefulness. Decision: Evident premeditation was. The defendant is a mere wage-earner and could not even sign her statement before the police and had to affix her thumb mark. deliberate intent to take advantage of superior strength. Possession of a balisong gives an aggressor a Vena V. Decision: Yes. Issue No. not established. Alicia's insulting refusal to renew her liaison with the accused. That he watched her movements daily manifested his jealous character. Decision: Yes. can be properly qualified as arising from immoral and unworthy passions. The facts are not sufficient to draw a comparison of their relative strength. and not infirm. without regard as to which portion of her body was the subject of attack. BELLO Keyword: Old man. The four (4) stab wounds were inflicted indiscriminately. or any gratitude owed by one to the other that ought to be respected. Neither is it shown that the accused took advantage of any such special confidence in order to carry out the crime. Issue No 5: W/N she entitled to the mitigating circumstance of voluntary surrender to the authorities. Issue no. a monogamous liaison appears morally of a higher level than gainful promiscuity. with the crime committed. The evidence does not show. any superior strength on the part of the accused. PEOPLE vs. Woman refused to give support and was seeing another man. At any rate. it would be an error to take into consideration this circumstance.1: W/N treachery can be appreciated in order to qualify the crime to murder. 6: W/N she is entitled to a mitigating circumstance of lack of instruction. Decision: No. 2: W/N there is evident premeditation. MACBUL /vvverga Page 78 of 100 . Issue No. not possessing it. but he was old and baldado (invalid). Decision: No. hence the circumstance did not aggravate the crime. induced his young bride to work as a public hostess. The crime was committed at nighttime.. the place was bright and well lighted. 6: W/N the accused can claim a mitigating circumstance of having acted on provocation strong to cause passion and obfuscation. both lived together as husband and wife. since.Criminal Law 1 Reviewer (Padilla cases and notes combined with Ortega Notes) on the afternoon of the day in question. 5 glasses of tuba.
Decision: Conspiracy. stabbed to death and buried. appellant's first conviction. therefore it cannot correctly Vena V. W/N extreme poverty can be appreciated as a mitigating PEOPLE vs. estafa. Issue: W/N the accused be held liable for the crimes of kidnapping and murder. This court approves it.Criminal Law 1 Reviewer (Padilla cases and notes combined with Ortega Notes) section 10 and consideration. Neither is it among those which may be considered as similar nature and analogous to those expressly recognized in accordance with Article 13 /vvverga Page 79 of 100 . 2: W/N the accused can invoke the fact that no irreparable material damage was caused to the offended part in the commission of the crime. That is not to encourage or even countenance theft but merely to dull somewhat the keen and pain-producing edges of the stark realities of life. Conspiracy implies concert of design and not participation in every detail of execution. namely. 2: circumstance. A person shall be deemed to be habitually delinquent. There was no illegal detention and victim was killed and promptly buried. reduction of penalty due to mitigating circumstance of plea of guilty and lack of irreparable material damage. Decision: Yes. The crime was murder only. ONG Keyword: Debt. one previous conviction against him. Decision: Yes. that last one. Mitigating circumstance of plea of guilt and extreme poverty. Revised Rules of Court). he is found guilty of any of said crimes a third time or oftener. Decision: Yes. They cannot escape the consequence of any of their acts even if they deviated in some detail from what they originally thought of. DY POL Keyword: falsification of public document. Issue No. Decision: No. Undisputed facts show that the victim’s hands were tied and his mouth was gagged with a flannel cloth before he was stabbed twice with an icepick and buried in a shallow grave near a creek. Decision: No. treachery should be considered against all persons participating or cooperating in the perpetration of the crime. Thus. Decision: Yes. The mitigating circumstance so invoked. if within a period of ten years from the date of his release or last conviction of the crimes of robo. These facts portray well that the tied hands of the victim rendered him defenseless and helpless thereby allowing the accused to commit the crime without risk at all to their person. hurto. Issue: W/N the accused is entitled to a mitigating circumstance of plea of guilt. The plea of guilty spontaneously entered by the accused prior to the presentation of the evidence for the prosecution constitutes mitigating circumstance. Hence within the purview of habitual delinquents. Treachery (alevosia) qualified the killing to murder. Section 1. is not recognized by the RPC. Issue: W/N the court erred in considering the defendant a habitual delinquent. stealing two sacks of papers which belong to the Provincial Government of Sulu. The four participated in the planning and execution of the crime and were at the scene in all its stages. The evidence at hand hardly satisfied the requirement of proof beyond reasonable doubt as to the charge of kidnapping. connivance and unity of purpose and intention among the accused were present throughout in the execution of this crime. Verga be taken into Keywords: habitual delinquent. or falsificación. The necessary result is that the accused can he held liable only for the killing of the victim. cannot be taken into account because his second conviction took place fourteen years later. PEOPLE vs. Victim even made a proposal of love to the wife of the accused in lieu the latter’s gambling debt. On the basis of the foregoing evidence. which is that the crime committed by the accused has caused no irreparable material damage to the offended party. Issue: W/N treachery can be appreciated as regards the two other accused who did not do the actual stabbing. Issue No. the time interval when the deceased was actually deprived of his liberty was short and the same was only incidental to the main objective of murdering him. the accused can hardly be held liable for kidnapping as well. Kidnapped. Issue No 2: W/N treachery can be appreciated in qualifying the crime to murder." Therefore. In other words. (Rule 133. recognizing the immanent principle that the right to life is more sacred than a mere property right. It may not be amiss to state that an accused is entitled to acquittal unless his guilt is shown by proof beyond reasonable doubt.
it would appear that the plead of guilty to this information naturally would be most unfair to the accused since the penalty would be that of capital punishment. GAMAO Keywords: Priest killed in exchange of a sum of money. It is essential too that the confidence be a means of facilitating the commission of the crime. It has been held that the use of a motor vehicle is aggravating in murder where the said vehicle was used in transporting the victim and the accused. 3: W/N the aggravating circumstance of nighttime can be absorbed in treachery. but can be perceived distinctly therefrom. Verga Issue No. and to secure themselves against detection and punishment. the circumstance of nighttime is not absorbed in treachery. it is necessary that there be a relation of trust and confidence between the accused and the one against whom the crime was committed. Decision: The accused Benjamin Ong is likewise is entitled to the mitigating circumstance that is analogous to passion and obfuscation (Art. Issue No. Decision: Yes. It is true that he owed his uncle a sum of money and the latter could have used these obligations in order to force his nephew to commit the crime but it has not been shown beyond reasonable doubt that the uncle actually hired his nephew to kill the deceased since the nephew rejected the offer. 6: W/N the use of motor vehicle be appreciated as aggravating circumstance. 13. Decision: The place was ideal not merely for burying the victim but also for killing him for it was a place where the possibility of the victim receiving some help from third persons was completely absent. and flee from the locale of the fearful crime. The purposive selection of an uninhabited place is thus clear from the evidence. Issue No. Since the kidnapping portion of the crime cannot be appreciated beyond reasonable doubt. Indeed. and that the accused made use of such relation to commit the crime. A special case therefore is present to which the rule that nighttime is absorbed in treachery does not apply. the culprit taking advantage of the offended party's belief that the former would not abuse said confidence. This aggravating circumstance was correctly appreciated by the lower court regardless of whether or not the same was purposely and deliberately sought by the accused for it is clear that the darkness of the night facilitated the commission of the crime and was taken advantage of by them. Issue: W/N the plead of guilt can be used as a mitigating circumstance. The accused and the victim were together that night in the nightclub as well as in the car not because of said confidence. since the treachery rests upon an independent factual basis. The record does not show beyond a reasonable doubt that the accused was forced or induced to commit this crime. the group intended merely to kill the victim. 10. Even granting that the victim died because of asphyxiation when he was buried and not hemorrhage from stab wounds. cannot be considered here.Criminal Law 1 Reviewer (Padilla cases and notes combined with Ortega Notes) Vena V. Revised Penal Code). The accused showed signs of remorsefulness upon his arrest when he cooperated with the police authorities in the solution of the crime. the qualifying circumstance of evident premeditation (premeditacion conocida) attended the commission of the crime. The accused sought the solitude of the place in order to better attain their purpose without interference. The accused meditated and tenaciously persisted in the accomplishment of the crime and were not prompted merely by the impulse of the moment. It was merely because the accused had some accounts to settle with him. bury him. causing him unnecessary physical or moral pain in the consummation of the criminal act. Decision: It is clear that appellants took advantage of nighttime in committing the felonies charged. Cruelty (ensañamiento). 7: W/N cruelty can be appreciated as an aggravating circumstance. it must be shown that the accused enjoyed and delighted in making their victim suffer slowly and gradually. Issue No. as it appears from the record. Decision: In order for this circumstance to obtain. Decision: Yes. The brief of the Acting Solicitor General agrees with that of the accused in denying the attendance of cruelty as an aggravating circumstance. 8: W/N there is evident premeditation. US vs. Issue: W/N the purposive selection of uninhabited place be appreciated. Decision: Yes. /vvverga Page 80 of 100 . Issue: W/N the accused can be credited with any mitigating circumstance. nephew refused the money but nonetheless carried on with the crime. 5: W/N the aggravating circumstance of abuse of confidence can be appreciated. For cruelty to exist. Decision: No. Decision: No. it appears that the victim's burial was not meant to make him suffer any longer but simply to conceal his body and the crime itself. par. Inasmuch as the treachery consisted in the fact that the victims' hands were tied at the time they were beaten. Issue: W/N the aggravating circumstance that the accused forced or induced his nephew to murder the priest by hire or reward be appreciated. Inducement by the uncle. is an aggravating circumstance. Issue No. The motor vehicle facilitated the stark happening.
FITZGERALD Facts: The accused and the victim had a dispute in a distillery. Provocation on the part of Marsh cannot be considered as a mitigating circumstance since there was no evidence how the quarrel arose. The victim (Marsh) struck Fitzgerald. DEFINING HABITUAL DRUNKARD AS ONE GIVEN TO INTOXICATION BY EXCESSIVE USE OF INTOXICATING DRINKS U.S. and he is not entitled to the benefit of the mitigating circumstance established by the Penal Code. The murderer taking advantage of the darkness was lying in wait for his victim. The crime committed is murder with multiple attempted murder qualified by the use of explosive. Decision: Yes. He hated the Roman Catholic Church and called a meeting in his house where the question of murdering the priest was discussed. thereby employing means or methods in the execution of this crime which tended directly and specially to insure its execution without risk to himself. Issue No. arising from the defense which the priest might make. Decision: Yes. INTOXICATION WHEN MITIGATING. and the fact that the accused was drunk at the time of the commission of the crime must then be considered as a mitigating circumstance. Owing to his extreme ignorance. Issue No. Decision: In the presence of proof to the contrary. MCMANN Facts: McMann and on McKay (one the victims) were packers at Camp Vicars in Mindanao. It can be deduced that both are intoxicated. 4: W/N the uncle should be considered as a principal by induction. There can be no question that the latter was directly induced by his uncle to kill the priest. security guard threw a pillbox hitting one of the demonstrators in the head. He selected his nephew to commit the crime and dominated all who were present. ii) II. Verga Issue No. FEATI. Marsh died soon after. After which. 2: Was the crime properly classified as murder? Decision: Yes. the SC was compelled to give him the benefits of the mitigating circumstance of lack of discretion since it was shown the nephew was a poor ignorant fisherman and only depends on his uncle for subsistence. i) (a) NOT HABITUAL PRESUMPTION IN FAVOR OF NON-HABITUAL CHARACTER OF INTOXICATION A. 2: W/N the aggravating circumstance of treachery be appreciated as well. The influence exercised by the uncle over his nephew was so great and powerful that the latter could not resist it.Criminal Law 1 Reviewer (Padilla cases and notes combined with Ortega Notes) Vena V. The nephew merely depends on his uncle for his subsistence while the latter was found to be a man of great influence. Accused is only entitled to a mitigating defense of intoxication. PEOPLE vs. and saying “I will show you sons of b—s. he saw Marsh and fired at him. Issue No 3: W/N the accused be credited with aggravating circumstance of lack of intention to commit so grave a wong as that actually done.” ran toward the ice plant in search of a revolver and returned. Decision: No. which knocked the latter down. No other mitigating circumstance can be appreciated in his favor for one who attacks another with a deadly weapon as a revolver must know that the most probable result of such an aggression is the death of the person attacked. Also. 3: W/N extreme ignorance can be used as a mitigating circumstance. 1: W/N the act of the accused can be characterized as murder and multiple attempted murder Decision: Yes. Issue No. The deceased received the fatal blow while he was in the dark space between the door and the stairs leading to the upper portion of the convent. Fitzgerald immediately arose. McMann and McKay went to the house of a Moro to get some /vvverga Page 81 of 100 . vs. it must be presumed that he intended the natural consequences of his act. He had no opportunity to offer any resistance whatever. He was unable to see by whom the blow was struck. US vs. DE LA ROSA Keywords: demonstration. Decision: Yes. These facts clearly establish the qualifying circumstance of alevosia in so far as the accused is concerned. Issue: W/N a mitigating circumstance can be considered. I. Issue No. Nor can the fact that the homicide was immediately preceded by an affray between the deceased and the defendant may be considered as a mitigating circumstance. where it appears that the accused fired a loaded revolver at the deceased and killed him. it will be presumed that intoxication is not habitual.
PERSONS WHO ARE CRIMINALLY LIABLE Under the Revised Penal Code. banana Vena V. Since the accused was charged of having killed the deceased for more than three years ago. The accused had made several statements which were reduced into writing and signed by him. Thereafter. Decision: Yes. because the penalties under the latter are never graduated. The court also held that the defendant was drunk at the time the crime was committed. Issue: W/N intoxication may be considered a mitigating circumstance. descendant. the first thing to find out is if there is a conspiracy. So. as a /vvverga Page 82 of 100 . McMann suddenly fired at McKay hitting the latter.” When a problem is encountered where there are several participants in the crime. It is probable that McMann was actually going to shoot the Moro but because he was drunk at that time. Issue No. Decision: Yes. the owners of the house would not allow them to enter. she was subjected to such indignities as would cause her shame or moral suffering. or accessory. Only use the term “offender.Criminal Law 1 Reviewer (Padilla cases and notes combined with Ortega Notes) matches with which to light their cigarettes however. ascendant. Do not use the term principal when the crime committed is a violation of special law. killed Mac Kay instead. McMann and McKay found themselves waiting in a room (not clear if they were waiting to be investigated. The facts and circumstances narrated by the accused in those different statements tally in important details. that the court should have subjected the accused to some psychiatric test to determine his sanity. do not use principal. if only one person committed a crime. Issue No. 1: W/N it can be contended that three years after the commission of the crime. Cannibal. But intoxication in this case cannot be considered as a mitigating circumstance since the defendant is a habitual drunkard. Issue No. Use the “offenders. natural or adopted brother or sister or relative by affinity in the same degree of the offended. the Revised Penal Code classifies them as: (1) (2) (3) principal. McMann snatched the bolo cutting the latter’s fingers. accomplice. McMann then saw another Moro who was carving the head of a bolo. Clearly. The record constitutes sufficient justification for the conclusion that the accused was not insane at the time of the commission of the crime. Habitual drunkard is defined as one who habituated to intemperance whenever the opportunity offered ACCUSED SEEN DRUNK TWELVE TIMES OR MORE PEOPLE vs. Issue No. 3: W/N sex can be appreciated as an aggravating circumstance against the accused. the law looks into their participation because in punishing offenders. No. This classification is true only under the Revised Penal Code and is not used under special laws.” or the “accused. The accused voluntarily admitted his guilt. Decision: It is unlikely that the shooting was accidental since he witnesses testified that they say McMann aiming the gun at Mac Kay’s head. The commission of the crime was attended by aggravating circumstance of disregard of the respect due the offended party on account of her sex. BALONDO Keywords: leaves. If there is. The circumstance of his having made a voluntary plea of guilt before the court of evidence by the prosecution. The alternative circumstance of relationship shall be taken into consideration only when the offended party is the spouse. when more than one person participated in the commission of the crime. Decision: No.” “culprits. Nothing in the record shows that before the deceased died. Decision. 5: W/N the fact that the victim was the niece of the accused aggravate the crime. Uncle killed his niece to taste human flesh. legitimate. The moro then reported McMann to the authorities. Issue No. but they were all together during that time). Verga Issue No. 4: W/N Ignominy can be added to the natural effects of the act. the Moro. 6: W/N there are any mitigating circumstance that can be appreciated in favor of the accused. The attendant circumstance qualifies the crime committed as murder. Decision: No. it is not possible now to ascertain the mental condition of the defendant as of the time when he committed the crime of which he is charged. When the Moro tried to run.” Also only classify offenders when more than one took part in the commission of the crime to determine the proper penalty to be imposed. Decision: Yes. 2: W/N the accused used superior strength. Mcmann also fired at him. defendant cannot claim lack of intention.
It must be strong as irresistible force. the one chasing the victim caught up and stabbed the latter at the back. such offender will be regarded only as an accomplice. Verga The point is not just on participation but on the importance of participation in committing the crime. He shot and killed someone.Criminal Law 1 Reviewer (Padilla cases and notes combined with Ortega Notes) general rule. So when they saw the opportunity the young man grabbed the woman. The basis is the importance of the cooperation to the consummation of the crime.” A killed the other fellow. the crime would be committed just as well. but accessories are not liable for liable for light felonies. The reason for this ruling is that the law favors a milder form of criminal liability if the act of the participant does not demonstrate a clear perversity. His mother then shouted. But if the cooperation merely facilitated or hastened the consummation of the crime. one held the legs. The act of the father in holding the legs of the victim merely facilitated the penetration but even without it the son would have penetrated. Is that inducement? No. then such cooperation would bring about a principal. all participants are criminally liable. penetration is possible even without the assistance of the father. Those who held the legs and arms are principals by indispensable cooperation. the criminal liability of all will be the same. As to the liability of the participants in a felony. a person shouted to A. less grave. because the act of one is the act of all. Is the mother liable? No. this would make the cooperator merely an accomplice. The accused are father and son. the offender could not have caught up with the latter. “Shoot!”. In case of doubt. or light. But even the principal and the accomplice will not be liable if the felony committed is only light and the same is not consummated unless such felony is against persons or property. he only stopped to other fellow from stopping the mauling. There was a quarrel between two families. Therefore it is only when the light felony is against person or property that criminal liability attaches to the principal or accomplice. Apply the doctrine of pro reo. The accessory is not. The liability of the fellow who stopped the friend from approaching is as an accomplice. even though the felony is only attempted or frustrated. In another case. In the first situation. This is tantamount to an irresistible force compelling the person induced to carry out the execution of the crime. threw her on the ground and placed himself on top of her while the father held both legs of the woman and spread them. favor the lesser penalty or liability. or less grave. Ill advised language is not enough unless he who made such remark or advice is a co-conspirator in the crime committed. the Supreme Court ruled that all participants are principals. one held the hands. a friend of B tried to approach but D stopped C so that A was able to continuously maul B. where three men were accused. It is not that the crime would not be committed because if that is what you would imply it becomes an ingredient of the crime and that is not what the law contemplates. If the crime could hardly be committed without such cooperation. It was held that the fellow who blocked the victim is a principal by indispensable cooperation because if he did not block the way of the victim. one was on top of the woman. When the felony is grave. the facts indicate that if the fellow who held the legs of the victim and spread them did not do so. In a case where the offender was running after the victim with a knife. it is more than if the crime could hardly be committed. While in the course of a quarrel. /vvverga Page 83 of 100 . such that even without his cooperation. If they are not and the same is not consummated. then notwithstanding the existence of a conspiracy. C. But where the felony is only light only the principal and the accomplice are liable. the offender on top could hardly penetrate because the woman was strong enough to move or resist. However. Is the person who shouted criminally liable. Principal by inducement Concept of the inducement – one strong enough that the person induced could hardly resist. the Code takes into consideration whether the felony committed is grave. if the participation of one is so insignificant. The son was a robust farm boy and the victim undernourished. even the principal and the accomplice are not liable. Principal by accomplice indispensable cooperation distinguished from an Vena V. Another fellow came and blocked the way of the victim and because of this. In the second situation. The Supreme Court ruled that the father is liable only as an accomplice. the son was much bigger than the woman so considering the strength of the son and the victim. In the case of rape. One of the sons of family A came out with a shotgun. The father told his son that the only way to convince the victim to marry him is to resort to rape. A was mauling B. “Kill him! Kill him. It is not just a matter of cooperation. Understandably he did not cooperate in the mauling.
than the latter. Father challenged everybody and when neighbors approached. birahin mo na. and considering further that doubts must be resolved in favor of the accused. he went home to get a rifle. he cannot be an accessory any further even though he performs acts pertaining to an accessory. shoot him” cannot make the wife the principal by inducement. Any person who. One must not have participated in the commission of the crime. Considering that Ernesto had great moral ascendancy and influence over Oscar being much older. They practically become co-conspirators. but principally liable for fencing under Presidential Decree No. When the accessory is related to the principal as spouse. where the crime committed by the principal was robbery or theft. Questions & Answers 1. The family was not in good graces of the neighborhood. Anyone who participated before the consummation of the crime is either a principal or an accomplice. However. “Birahin mo na. keeps or in any manner deals with any article of value which he knows or should be known to him to be the proceeds of robbery or theft is considered a “fence” and incurs criminal liability for “fencing” under said decree. Accessory as a fence The Revised Penal Code defines what manners of participation shall render an offender liable as an accessory. the liability of the wife is only that of an accomplice. 35 years old. In People v. the one who uttered “Kill him. Verga effects or proceeds of the crime or assisted the offender to profit therefrom.” Oscar stabbed the victim. When an offender has already involved himself as a principal or accomplice. possesses. Likewise. Ernesto is principal by inducement. Examples of inducement: “I will give you a large amount of money. It is not the determining cause of the crime in the absence of proof that the words had great dominance and influence over the husband. May one who profited out of the proceeds of estafa or malversation be prosecuted under the Anti-Fencing Law? In People v. or descendant or as brother or sister whether legitimate. we will bury him.” while the felonious aggression was taking place cannot be held liable as principal by inducement. 186 SCRA 812. 188 SCRA 69. unless the accessory himself profited from the /vvverga Page 84 of 100 . who was 18 yrs old. degree of inducement anymore.” “I will not marry you if you do not kill B”(let us say he really loves the inducer). 1612 has. modified Article 19 of the Revised Penal Code. therefore. She assisted her husband in taking good aim. clothing as well as food and shelter. such participation of an accessory brings about criminal liability under Presidential Decree No. Therefore you do not look into the One cannot be an accessory unless he knew of the commission of the crime. Madali. In People v. So the accessory shall be liable for the same felony committed by the principal. Among the enumeration is “by profiting themselves or by assisting the offender to profit by the effects of the crime”. Joint or simultaneous action per se is not indicia of conspiracy without showing of common design. not a command to be obeyed. Balderrama. acquires and/or sell. with intent to gain. Ernesto shouted to his younger brother Oscar. not simply of an accessory under paragraph 2 of Article 19 of the Code. the participation of one who conceals the effects of robbery or theft gives rise to criminal liability for “fencing”. The penalty is higher than that of a mere accessory to the crime of robbery or theft. The shouts of his wife “Here comes another. but such assistance merely facilitated the felonious act of shooting. natural or adopted or where the accessory is a relative by affinity within the same degree. 1612 (Anti-Fencing Law). Agapinay. Utterance was said in the excitement of the hour. and it was Ernesto who provided his allowance. It was held that there was no conspiracy. One who knowingly profits or assists the principal to profit by the effects of robbery or theft is not just an accessory to the crime. He cannot be an accessory. or as an ascendant. The accessory comes into the picture when the crime is already consummated. Oscar has no rancor with the victim for him to kill the latter. Accessories Two situations where accessories are not criminally liable: (1) (2) When the felony committed is a light felony. the son was mauled. Neither is the wife’s act of beaming the victim with a flashlight indispensable to the commission of the killing. 1612.Criminal Law 1 Reviewer (Padilla cases and notes combined with Ortega Notes) Vena V. Presidential Decree No. Considering that it was not so dark and the husband could have accomplished the deed without his wife’s help. Mere possession of any article of value which has been the subject of robbery or theft brings about the presumption of “fencing”.
incorporated therein the crime of piracy in Philippine territorial waters and thus correspondingly superseding Presidential Decree No. The crime committed by the principal is determinative of the liability of the accessory who harbors. There is only a fence when the crime is theft or robbery. 532. His aunt hid him in the ceiling of her house and aunt denied to soldiers that her nephew had ever gone there. and is not inconsistent with any provision of Republic Act No. If the /vvverga Page 85 of 100 . However. Harboring or concealing an offender In the third form or manner of becoming an accessory. paragraph 1 of the Revised Penal Code. even if the corpse is not recovered. 533 (Anti-piracy and AntiHighway Robbery Law of 1974). the liability of persons acquiring property subject of piracy or brigandage. The corpus delicti is not the body of the person who is killed. Illustration: Crime committed is kidnapping for ransom. Principal was being chased by soldiers. Section 4 of Presidential Decree No. But if the crime was piracy of brigandage under Presidential Decree No. the mere fact that he harbored concealed or assisted the principal to escape does not ipso facto make him an accessory. parricide. Article 20 does not include an auntie. She will no longer be liable as an accessory to the crime of robbery. the civilian does not become an accessory unless the principal is known to be habitually guilty of some other crime. parricide murder or attempt on the life of the Chief executive or the principal is known to be habitually guilty of some other crime. On the other hand. not just an accessory. unless the contrary is proven. Acquiring the effects of piracy or brigandage It is relevant to consider in connection with the criminal liability of accessories under the Revised Penal Code. or conceals such offender. 532 provides that any person who knowingly and in any manner… acquires or receives property taken by such pirates or brigands or in any manner derives benefit therefrom… shall be considered as an accomplice of the principal offenders and be punished in accordance with the Rules prescribed by the Revised Penal Code. If the crime is embezzlement or estafa. is the wife criminally liable? Can she be prosecuted as an accessory and as a fence? The liability of the wife is based on her assisting the principal to profit and that act is punishable as fencing. Section 4 of the Decree which punishes said acts as a crime of abetting piracy or brigandage. although the penalty is that for an accomplice. with respect to the second involvement of an accessory. still an accessory to the crime of estafa. The law requires that the principal must have committed the crime of treason. Even if the crime committed by the principal is treason. 1612 and the Revised Penal Code. Such officer becomes an accessory by the mere fact that he helped the principal to escape by harboring or concealing. in case of a civilian. Is aunt criminally liable? No. To this end. the same act is the basis of liability and you cannot punish a person twice for the same act as that would go against double jeopardy. take note that the law distinguishes between a public officer harboring. in amending Article 122 of the Revised Penal Code. the crime committed by the principal is immaterial. 7659. not a fence. he becomes an accessory. In both laws. the accessory cannot be held criminally liable without the principal being found guilty of any such crime. the crime committed by the principal must be either treason. do not overlook the purpose which must be to prevent discovery of the crime. the aunt even gave money to her nephew to go to the province. if the principal is acquitted of the charges. said act constitutes the crime of abetting piracy or abetting brigandage as the case may be. conceals knowing that the crime is committed. to the piracy or brigandage. If principal committed robbery by snatching a wristwatch and gave it to his wife to sell. Destroying the corpus delicti Vena V. Otherwise the effect would be that the accessory merely harbored or assisted in the escape of an innocent man. still stands as it has not been repealed nor modified. Although Republic Act No. 2. When the soldiers left. concealing or assisting the principal to escape and a private citizen or civilian harboring concealing or assisting the principal to escape. It shall be presumed that any person who does any of the acts provided in this Section has performed them knowingly. as long as that killing is established beyond reasonable doubt. The act of knowingly acquiring or receiving property which is the effect or the proceeds of a crime generally brings about criminal liability of an accessory under Article 19. Presidential Decree No. In the case of a public officer. or murder or parricide or attempt on the life of the Chief Executive. The reason is because one who is not a public officer and who assists an offender to escape or otherwise harbors.Criminal Law 1 Reviewer (Padilla cases and notes combined with Ortega Notes) No. this is not the reason. 7659. criminal liability will arise and if there is someone who destroys the corpus delicti to prevent discovery. making use of his public function and thus abusing the same. If this is not the crime. murder or attempt on the life of the Chief Executive. Verga When the crime is robbery or theft.
And in filing an information against the person involved in the commission of the crime. of “(c) Harboring or concealing. concealed or assisted in the escape did not violate art. the standard of the Revised Penal Code. a person charged with rebellion should not be separately charged under Presidential Decree No. Presidential Decree No. the civilian who harbored. because there is no crime committed. no need for guilt. yet there is a special law which punishes the same act and it does not specify a particular crime. CA. The paragraph uses the particular word “guilty”. either treason. then the supposed accomplice and accessory should also be acquitted. if the evidence presented against a supposed accomplice or a supposed accessory does not meet the required proof beyond reasonable doubt. murder. the law requires that the principal be found guilty of any of the specified crimes: treason. accomplice and accessory. or assists the escape of the principal. accused received from his co-accused two stolen male carabaos. then there is no criminal liability. has committed any offense under existing penal laws in order to prevent his arrest. 19. If there is no crime. All will be accused and whether a certain accused will be principal or accomplice or accessory will depend on what the evidence would show as to his involvement in the crime. Even if the principal is convicted. 1981. the act. What is Vena V. aunt is not criminally liable because crime is kidnapping. the law specifies the crimes that should be committed. conceals. parricide. There is an earlier Supreme Court ruling that the accessory and accomplice must be charged together with the principal and that if the latter be acquitted. the aunt is criminally liable but not as an accessory. concealing. But if the evidence shows that the act done does not constitute a crime and the principal is acquitted. material is that he used his public function in assisting escape. 1829. Conspiracy was not proven. although under paragraph 3 of Article 19 when it comes to a civilian. effective January 16. The commitment of a minor to any of the institutions mentioned in art.” Here. (2) /vvverga Page 86 of 100 . the accomplice and the accessory shall not be criminally liable also. But not Presidential Decree No. Yet it is not always true that the accomplice and accessory cannot be criminally liable without the principal first being convicted. Article 19 of the Code. Under Rule 110 of the Revised Rules on Criminal Procedure. 1829. Although this ruling may be correct if the facts charged do not make the principal criminally liable at all. PENALTIES Measures of prevention not considered as penalty The following are the measures of prevention or safety which are not considered penalties under Article 24: (1) The arrest and temporary detention of accused persons as well as their detention by reason of insanity or imbecility or illness requiring their confinement in a hospital. So this means that before the civilian can be held liable as an accessory. unless the acquittal is based on a defense which is personal only to the principal. In Taer v.Criminal Law 1 Reviewer (Padilla cases and notes combined with Ortega Notes) person is a public officer. but under Presidential Decree No. Verga However. prosecution and conviction. punishes acts commonly referred to as “obstructions of justice”. It is a malum prohibitum. If the principal is acquitted. or accessory. Article 19. But the prosecutor must initiate proceedings versus the principal. [Taer should have been liable for violation of the Anti-fencing law since cattle rustling is a form of theft or robbery of large cattle. then said accused will be acquitted. except that he was not charged with fencing. etc. This special law does not require that there be prior conviction. or facilitating the escape of any person he knows or has reasonable ground to believe or suspect. In other words. or knowledge of the crime. So the criminal liability of an accomplice or accessory does not depend on the criminal liability of the principal but depends on the quantum of evidence. He is simply an offender without regard to the crime committed by the person assisted to escape. Under paragraph 3. but under this decree. parricide. 1829. which penalizes obstruction of apprehension and prosecution of criminal offenders. and the offender need not be the principal – unlike paragraph 3. This Decree penalizes under Section 1(c) thereof. it is required that all those involved in the commission of the crime must be included in the information that may be filed. 1829. inter alia. 533. 80 for the purposes specified therein. there is no specification of the crime to be committed by the offender for criminal liability to be incurred for harboring. whether principal. the law does not distinguish between principal. take note in the case of a civilian who harbors. Such an offender if violating Presidential Decree No. Taer was held liable as an accessory in the crime of cattle rustling under Presidential Decree No. The theory of absorption must not confine itself to common crimes but also to offenses punished under special laws which are perpetrated in furtherance of the political offense.] In Enrile v. the liability of the accused will depend on the quantum of evidence adduced by the prosecution against the particular accused. or facilitating the escape of the offender. the principal must first be found guilty of the crime charged. the nature of the crime is immaterial. Amin. that means he is not guilty and therefore. So in the problem. 1829 is no longer an accessory. That is as far as the Revised Penal Code is concerned. The subject acts may not bring about criminal liability under the Code. accomplice. Whether the accomplice and the accessory may be tried and convicted even before the principal is found guilty. or attempt to take the life of the Chief Executive.
Correlating Article 24 with Article 29 Although under Article 24. he cannot be subjected to the treatment applicable to convicts unless he signs and agrees to be subjected to such disciplinary measures applicable to convicts. the detention of a person accused of a crime while the case against him is being tried does not amount to a penalty. provides that the period during which he had undergone preventive detention will be deducted from the sentence. the same treatment exactly is applied there. he will only be given 80% or 4/5 of the period of his preventive detention. one can see that the detention of the offender may subject him only to the treatment applicable to a detention prisoner or to the treatment applicable to convicts. Under what circumstances may a detention prisoner be released. Otherwise. And also. If the offender is not disqualified from the credit or deduction provided for in Article 29 of the Revised Penal Code.Criminal Law 1 Reviewer (Padilla cases and notes combined with Ortega Notes) Vena V. but by express provision of Article24 is not a penalty. that is why the credit is full. yet the law considers this as part of the imprisonment and generally deductible from the sentence. or when he has been previously summoned but failed to surrender and so the court has to issue a warrant for his arrest. Deprivation of rights and reparations which the civil laws may establish in penal form. This amendment is found in the Rules of Court. He is availing of the benefit of suspension for the first time. Repeal of Article 80 When may a minor be committed to a reformatory? If the minor is between 9 . if ultimately the accused is convicted and the penalty imposed involves Article 29 of the Revised Penal Code has been amended by a Batas Pambansa effective that tool effect on September 20. even though the proceedings against him are not yet terminated? (5) Why does the Revised Penal Code specify that such detention shall not be a penalty but merely a preventive measure? This article gives justification for detaining the accused. deprivation of liberty. because he has been detained for a period already equal to if not greater than the maximum penalty that would be possibly be imposed on him if found guilty. The convicted prisoner suffers more restraints and hardship than detention prisoners. but since he is not convicted yet. /vvverga Page 87 of 100 .15 years old and acted with discernment. From this provision. liberty and property without due process of law. he is suffering like a convict. Detention prisoner has more freedom within the detention institution rather than those already convicted. If he signed an undertaking to abide by the same rules and regulations governing convicts. When will this credit apply? If the penalty imposed consists of a deprivation of liberty. In the amendment. the constitutional right of an accused to be presumed innocent until the contrary is proved. under the rules on bail in Rule 114 of the Rules on Criminal Procedure. Verga (3) (4) Suspension from the employment or public office during the trial or in order to institute proceedings. So. preventive imprisonment of an accused who is not yet convicted. if the accused has actually undergone preventive imprisonment. then he will only be subjected to the rules and regulations governing detention prisoners. superior officials may impose upon their subordinates. whatever credit he is entitled to shall be forfeited. he has practically served the sentence already. the law does not speak of credit. then it means that while he is suffering from preventive imprisonment. The discharge of the offender from preventive imprisonment or detention is predicated on the fact that even if he would be found guilty of the crime charged. then the next thing to determine is whether he signed an undertaking to abide by the same rules and regulations governing convicts. But if the offender did not sign an undertaking. in the exercise of their administrative disciplinary powers. 1980. As such. Fines and other corrective measures which. while he is under preventive imprisonment. Yet Article 29. He must still be a minor at the time of promulgation of the sentence. Whether the person is entitled to credit is immaterial. sentence must first be suspended under the following conditions: (1) (2) (3) Crime committed is not punishable by death or reclusion perpetua. the detention would violate the constitutional provision that no person shall be deprived of life. Not all who have undergone preventive imprisonment shall be given a credit Under Article 24. but if he has been convicted for two or more crimes whether he is a recidivist or not. unless he is one of those disqualified under the law.
/vvverga Page 88 of 100 . when the offender is required to put up a bond for good behavior but failed or refused to do so under Article 284. The civil liability must be determined.. with more reason.Criminal Law 1 Reviewer (Padilla cases and notes combined with Ortega Notes) If the crime committed is punishable only by destierro. the penalty prescribed for the concubine is destierro under Article 334. Questions & Answers If the offender has already been released. Under the Revised Penal Code. shall be considered by the Chief Executive as unworthy of pardon. It is a punishment whereby a convict is vanished to a certan place and is prohibited form entering or coming near that place designated in the sentence. If the convict should enter the prohibited places. the court cannot extend beyond 250 Kms. Marital authority. Under Article 27. one who is sentenced to a singly penalty of reclusion perpetua should not be held for more than 40 years. there is no evasion of sentence because the 240-Km. There is no provision of the Revised Penal Code that one sentenced to reclusion perpetua cannot be held in jail for 40 years and neither is there a decision to this effect. However. it follows that he is also civilly liable. Verga The duration of destierro is from six months and one day. This is found in Article 247. by reason of his conduct or some other serious cause. and/or the paramour or mistress. Where the penalty prescribed by law is arresto mayor. That is why the trial must go on. such convict shall be sentenced to destierro so that he would not be able to carry out his threat. (3) (4) Civil Interdiction Civil interdiction is an accessory penalty. Proper petition for habeas corpus must be filed to challenge the legality of the detention of the prisoner. those sentenced to reclusion perpetua shall be pardoned after undergoing the penalty for 30 years. But if the convict himself would go further from which he is vanished by the court. Under Article 70. he commits the crime of evasion of service of sentence under Article 157. In the crime of grave threat or light threat. (2) Destierro What is the duration of destierro? Vena V. This amendment has been incorporated under Rule 114 precisely to do away with arbitrary detention. Thus. the most the offender may be held under preventive imprisonment is 30 days. limit is upon the authority of the court in vanishing the convict. which is the Three-Fold Rule. and whether the proceedings are terminated or not. The duration of 40 years is not a matter of provision of law. destierro is the penalty imposed in the following situations: (1) When a legally married person who had surprised his or her spouse in the act of sexual intercourse with another and while in that act or immediately thereafter should kill or inflict serious physical injuries upon the other spouse. unless such person. offender during the time of his sentence: (1) (2) Civil interdiction shall deprive the The rights of parental authority. the penalty one degree lower is destierro. this is only by analogy. the maximum period shall in no case exceed 40 years. to six year. The proper answer would be that reclusion perpetua has no duration because this is an indivisible penalty and indivisible penalties have no durations. not less than 25 Kms. Understand the amendment made to Article 29. such detention prisoner shall be discharged. or guardianship either as to the person or property of any ward. it shall be the one imposed. Destierro is a principal penalty. which is the same as that of prision correcional and suspension. In the crime of concubinage. If a convict who is to serve several sentences could only be made to serve 40 years. what is the use of continuing the proceedings? The proceedings will determine whether the accused is liable or not. Duration of penalties Reclusion perpetua What is the duration of reclusion perpetua? Do not answer Article 27 to this question. but the offender is entitled privileged mitigating circumstance and lowering the prescribed penalty by one degree. If he was criminally liable.
Arresto . 4. If asked what are the accessory penalties. a convict sentenced to civil interdiction suffers certain disqualification during the term of the sentence. as provided in Article 34.suspension of the right to hold office and the right of suffrage during the term of the sentence. how would you resolve the move of the creditor to annul the sale? Civil interdiction is not an accessory penalty in prision mayor. Death . do not just state the accessory penalties.suspension from public office. and civil interdiction during 30 years following date of sentence. Primary classification of penalties Principal penalties and accessory penalties The penalties which are both principal and accessory penalties are the following: (1) (2) Perpetual or temporary absolute disqualification. (1) (2) Article 40. what (4) Its duration shall be that of the principal penalty. Illustration: A has been convicted and is serving the penalty of prision mayor. what is meant by this is that those penalties classified as accessory penalties need not be stated in the sentence. As to the particular penalties that follow a particular principal penalty. Article 41. One of the disqualifications is that of making a conveyance of his property inter vivos. and perpetual absolute disqualification. the court will /vvverga Page 89 of 100 .Criminal Law 1 Reviewer (Padilla cases and notes combined with Ortega Notes) (3) (4) The right to manage his property. Vena V. We refer to the nature of the disqualification. and perpetual special disqualification from the rights of suffrage if the duration of said imprisonment shall exceed 18 months. Perpetual or temporary special disqualification. Penalties which the law considers as accessory to the prescribed penalty are automatically imposed even though they are not stated in the judgment. Reclusion perpetua and reclusion temporal . The classification of principal and accessory is found in Article 25.perpetual absolute disqualification. Prision mayor .civil interdiction for life or during the period of the sentence as the case may be. Article 42. State the principal penalty and the corresponding accessory penalties. Prision correccional . A creditor moved to annul the sale on the ground that the convict is not qualified to execute a deed of conveyance inter vivos. In classifying the penalties as principal and accessory. Verga specify only the principal penalty but that is not the only penalty which the offender will suffer. The accessory penalties follow the principal penalty imposed for the crime as a matter of course. An example is the penalty of civil interdiction. is the duration? If the penalty of suspension is imposed as an accessory. While serving sentence. 2. 3. Articles 40 to 45 of the Revised Penal Code shall govern. what is the duration? The duration is six years and one day to 12 years. he executed a deed of sale over his only parcel of land. So in the imposition of the sentence. and The right to dispose of such property by any act or any conveyance inter vivos. If you were the judge. from the right to follow a profession or calling.temporary absolute disqualification perpetual special disqualification from the right of suffrage. This is an accessory penalty and. Article 43. What do we refer to if it is perpetual or temporary disqualification? We refer to the duration of the disqualification. The convict can convey his property. Penalties in which other accessory penalties are inherent: Can a convict execute a last will and testament? Yes. What do we refer to if it is special or absolute disqualification? (5) There are accessory penalties which are true to other principal penalties. If the penalty of temporary disqualification is imposed as principal penalty. Article 44. (3) Questions & Answers 1.
Understand that you are not taking the examination in Theology. So it was held that when the penalty should be reclusion perpetua. with each portion composing a period as follows: /vvverga Page 90 of 100 . by its First Division. You cannot find this penalty in Article 25 because Article 25 only provides for bond to keep the peace. but instead of saying reclusion perpetua. Conrado Lucas. it is error for the court to use the term “life imprisonment”. Thus. unless by reason of his conduct or some other serious cause. 108172-73. or it is light only on the other hand. Questions & Answers 1. May 25. Do not talk of period. 7659. remember that when the penalty is indivisible. Bond for good behavior Bond for good behavior is prescribed by the Revised Penal Code for the crimes of grave threats and light threats under Article 234. The legal effect of failure to post a bond for good behavior is not imprisonment but destierro under Article 284. and the maximum. If. it is implying that the penalty is divisible. Remember that no felony shall be punished by any penalty not prescribed by law prior to its commission pursuant to Article 21. The capital punishment Reclusion perpetua as modified Vena V. consistent with the rule mentioned.Criminal Law 1 Reviewer (Padilla cases and notes combined with Ortega Notes) Questions & Answers What accessory penalty is common to all principal penalties? Confiscation or forfeiture on the instruments or proceeds of the crime. you are implying that the penalty is divisible because the period referred to is the minimum. the courts are not correct when they deviate from the technical designation of the principal penalty. It divided the time included in the penalty of reclusion perpetua into three equal portions. Thus. There is no crime under the Revised Penal Code which carries this penalty. As we know. he is not deserving of pardon. Before the enactment of Republic Act No. Bond to keep the peace One of the principal penalties common to the others is bond to keep the peace. Verga You were asked to state whether you are in favor or against capital punishment. if the penalty has no fixed duration. If it is indivisible. there will be no corresponding accessory penalties that will go with them. In other words. the Supreme Court. GR No. If bond to keep the peace is not the same as bond for good behavior. Because of this. The Revised Penal Code provides in Article 27 that the convict shall be pardoned after undergoing the penalty for thirty years. you were asked to state the period in which the penalty of reclusion perpetua is to be imposed. should be divided into three equal portions to form one period of each of the three portions. there is no period. in accordance with the provisions of Articles 65 and 76. the courts are not at liberty to use any designation of the principal penalty. the medium. it is said to be divisible and. it is an indivisible penalty. after being given a problem. which made amendments to the Revised Penal Code. medium and maximum. the designation is wrong. it is clear that the two bonds are not the same considering that the legal effect or the failure to put up the bond is not the same. 1994. depending on whether the felony committed is grave or less grave on one hand. Divisible and indivisible penalties When we talk of period. The legal effect of each is entirely different. there is no such thing as minimum. because when you talk of period. 7659. Illustration: When the judge sentenced the accused to the penalty of reclusion perpetua. As amended by Section 21 of Republic Act No. it sentenced the accused to life imprisonment. speculations arose as to whether it made reclusion perpetua a divisible penalty. when a penalty has a fixed duration. the penalty of reclusion perpetua had no fixed duration. The legal effect of a failure to post a bond to keep the peace is imprisonment either for six months or 30 days. Explain the issue on the basis of social utility of the penalty. Is it beneficial in deterring crimes or not? This should be the premise of your reasoning. are they one and the same bond that differ only in name? No. applied Article 65 of the Code in imposing the penalty for rape in People v. the same article now provides that the penalty of reclusion perpetua shall be from 20 years to 40 years. because the moment they deviate from this designation. The nature of the penalty as divisible or indivisible is decisive of the proper penalty to be imposed under the Revised Penal Code inasmuch as it determines whether the rules in Article 63 or the rules in Article 64 should be observed in fixing the penalty. Designation of penalty Since the principal penalties carry with them certain accessory penalties. Otherwise.
the case of an offender who is below 18 years old at the time of the commission of the offense. eight months and one day. Since. it was stated as 34 years. although. The issue of whether the amendment of Article 27 made reclusion perpetua a divisible penalty was raised. to 33 years and four months. the question arises: “What then may be the reason for the amendment fixing the duration of reclusion perpetua?” This question was answered in the same case of People v. Innovations on the imposition of the death penalty Aside form restoring the death penalty for certain heinous crimes. there would be no occasion for imposing reclusion perpetua as the penalty in drug cases. other provisions of the Revised Penal Code involving reclusion perpetua. Verily. thereof. such as Article 41 on the accessory penalties thereof and paragraphs 2 and 3 of Article 61.Criminal Law 1 Reviewer (Padilla cases and notes combined with Ortega Notes) Vena V. To this end. as set out in Article 25. regardless of the attendant modifying circumstances. and because the issue is one of first impression and momentous importance. If Article 63 of the Code were no longer applicable because reclusion perpetua is supposed to be a divisible penalty. the Supreme Court en banc held that reclusion perpetua shall remain as an indivisible penalty. It would be legally absurd and violative of the scales of penalties in the Code to reckon the minimum of Reclusion Perpetua at thirty (30) years since there would thereby be a resultant lacuna whenever the penalty exceeds the maximum twenty (20) years of Reclusion Temporal but is less than thirty (30) years. four months and one day. then it should have amended Article 63 and Article 76 of the Revised Penal Code. 7659 made innovations on the provisions of the Revised Penal Code regarding the imposition of the death penalty: (1) Article 47 has been reworded to expressly include among the instances where the death penalty shall not be imposed. In a resolution promulgated on January 9. 70 and 21. directs that the manner of putting the convict to (2) /vvverga Page 91 of 100 . It shall then remain as an indivisible penalty. thus: The imputed duration of thirty (30) years for reclusion perpetua. The latter is the law on what are considered divisible penalties Ultimately. Now then. instead of the straight penalty of reclusion perpetua imposed by the trial court. reclusion perpetua is the penalty immediately next higher to reclusion temporal. Reyes. the Court concludes that although Section 17 of RA 7659 has fixed the duration of Reclusion Perpetua from twenty years (20) and one (1) to forty 40 years. however. Minimum . Verga under the Code and what should be the duration of the periods thereof. the Court sentenced the accused to imprisonment of 34 years. as well. Considering the aggravating circumstance of relationship. In the matter of executing the death penalty. Article 81 has been amended and. the First Division referred the motion to the Court en banc. the death penalty may not be meted out on an offender who was below 18 years of age at the time of the commission of the crime because Article 68 the lowers the imposable penalty upon such offenders by at least one degree than that prescribed for the crime. Lucas by quoting pertinent portion of the decision in People v. Medium . To illustrate. Maximum . four months and one day. 6425 provides for the penalty of reclusion perpetua to death whenever the dangerous drugs involved are of any of the quantities stated herein. the first paragraph of Section 20 of the amended RA No. then Article 63 of the Revised Penal Code would lose its reason and basis for existence. four months and one day of reclusion perpetua. 1995. to 26 years and eight months. if reclusion perpetua was classified as a divisible penalty. it appears that the maximum period for the service of penalties shall not exceed forty (40) years. thus. there was no clear legislative intent to alter its original classification as an indivisible penalty. the resolution states: After deliberating on the motion and re-examining the legislation history of RA 7659. There are. In fine. because instead of beginning with 33 years. Republic Act No. four months and one day. it follows by necessary implication that the minimum of reclusion perpetua is twenty (20) years and one (1) day with a maximum duration thereafter to last for the rest of the convict’s natural life. The appellee seasonably filed a motion for clarification to correct the duration of the sentence. But even without this amendment. which have not been touched by a corresponding amendment.20 years and one day. pursuant to Article 70. 212 SCRA 402. in all the graduated scales of penalties in the Code. to 40 years.26 years. is only to serve as the basis for determining the convict’s eligibility for pardon or for the application of the three-fold rule in the service of penalties. if Congress had intended to reclassify reclusion perpetua as divisible penalty. then there would be no statutory rules for determining when either reclusion perpetua or death should be the imposable penalty.34 years.
But this will only be true if the one year period is higher than 1/3 of the principal penalty. If the subsidiary penalty is to be imposed for non payment of fine and the principal penalty imposed be fine only. such imprisonment should not be higher than six years or prision correccional. he cannot suffer any subsidiary penalty. can he be made to pay? Yes. It must be that the convict is insolvent to pay the fine. Article 39 deals with subsidiary penalty. anent the suspension of the execution of the death penalty for three years if the convict was a woman. there is no subsidiary penalty. but the sentence does not specify the period of subsidiary penalty because it will only be known if the convict cannot pay the fine. that means it does not go with another principal penalty. The sheriff then tried to levy the property of the defendant after it has become final and executory. Vena V. This particular legal point is a bar problem. It will then be the prison authority who will compute this. Therefore. Subsidiary penalty Is subsidiary penalty an accessory penalty? No. (3) The original provision of Article 83. The judgment became final without statement as to subsidiary penalty. limits such suspension to last while the woman was pregnant and within one year after delivery. if convict has property to levy upon. Since it is not an accessory penalty. There are two situations there: (1) (2) When there is a principal penalty of imprisonment or any other principal penalty and it carries with it a fine. the convict cannot be made to undergo subsidiary penalty more than 1/3 of the duration of the principal penalty and in no case will it be more than 1 year . It is not within the control of the convict to pay the fine or not and once the sentence becomes final and executory and a writ of If the subsidiary penalty prescribed for the non-payment of fine which goes with the principal penalty. whether he likes it or not. If the court overlooked to provide for subsidiary penalty in the sentence and its attention was later called to that effect. This subsidiary penalty is one of important matter under the title of penalty. for which reason he filed a petition for habeas corpus contending that his detention is illegal. but it was returned unsatisfied. After undergoing subsidiary penalty and the convict is already released from jail and his financial circumstances improve. the most (2) /vvverga Page 92 of 100 . The convict was detained. there shall be no subsidiary penalty for the non-payment of damages to the offended party. the same shall answer for the fine. That means that the writ of execution issued against the property of the convict. thereafter. Subido. or not to pay the fine and instead serve the subsidiary penalty. which is a single penalty. the addition of subsidiary penalty will be null and void. has been deleted and instead. Otherwise. Will the petition prosper? Yes. the judgment of the court must state this. for the full amount with deduction. So even if subsidiary penalty is proper in a case.get 1/3 of the principal penalty .whichever is lower. so that even if the convict has no money or property to satisfy the fine. he cannot suffer subsidiary penalty because the latter is not an accessory and so it must be expressly stated. it must be expressly stated in the sentence. the convict shall be required to save subsidiary penalty. it was held that the convict cannot choose not to serve. so there is no subsidiary penalty that goes beyond one year. If the convict does not want to pay fine and has so many friends and wants to prolong his stay in jail. the maximum duration of the subsidiary penalty is one year. that convict cannot be required to suffer the accessory penalty. A subsidiary penalty is not an accessory penalty. The court then issued an order for said convict to suffer subsidiary penalty. A subsidiary penalty will only be served if the sheriff should return the execution for the fine on the property of the convict and he does not have the properties to satisfy the writ. is returned unsatisfied. can he stay there and not pay fine? No. If the fine is prescribed with the penalty of imprisonment or any deprivation of liberty. Verga execution is issued to collect the fine. The sentence will merely provide that in case of non-payment of the fine. if the judge failed to state in the sentence that the convict shall be required to suffer subsidiary penalty in case of insolvency to pay the fine. Questions & Answers The penalty imposed by the judge is fine only. ii. The subsidiary penalty is not an accessory penalty that follows the principal penalty as a matter of course. it tried to modify the sentence to include subsidiary penalty after period to appeal had already elapsed. This is tantamount to double jeopardy. (1) When is subsidiary penalty applied Therefore. If the judgment is silent. In People v. and When penalty is only a fine.Criminal Law 1 Reviewer (Padilla cases and notes combined with Ortega Notes) death by electrocution shall be changed to gas poisoning as soon as the facilities are provided. and the sentence shall be carried out not later that one year after the finality of judgment. if any.
In this case of 50 counts of estafa. since in the service of the sentence.Criminal Law 1 Reviewer (Padilla cases and notes combined with Ortega Notes) that the convict will be required to undergo subsidiary imprisonment is six months. otherwise.00 multiplied by 3. Under Article 27. after committing parricide. because the penalty of suspension has a fixed duration. Arresto mayor + P200.Fold Rule. When he was collecting NAWASA bills. the convict shall be required to undergo subsidiary penalty.00. But the subsidiary penalty will be served not by imprisonment but by continued suspension. the penalty does not go beyond six years. penalty to be imposed shall be one degree lower to be imposed in the proper period. As far as the court is concerned. Since it is a penalty with a fixed duration under Article 39. what penalty would you impose? May the convict be required to undergo subsidiary penalty in case he is insolvent to pay the fine? The Three-Fold Rule should not applied by the court. Do not consider the totality of the imprisonment the convict is sentenced to but consider the totality or the duration of the imprisonment that the convict will be required to serve under the Three-Fold Rule. What penalty would you impose? Reclusion perpetua. and no aggravating circumstances were present. If you were the judge.00 x 50 = P10. penalty is reclusion perpetua. the convict shall be required to undergo subsidiary penalty if he could not pay the fine. Do not apply this when there is one aggravating circumstance. the non-payment of the fine will bring about subsidiary penalty. It is clearly provided under Article 39 that if the means of the convict should improve.00. the charges of all these consumers was a minimum of 10. when there is a subsidiary penalty. Illustration: A collector of NAWASA collected from 50 houses within a certain locality. Verga and a fine of P200. for the non.00 in each count. because it is an indivisible penalty.000.000. the convict will be required to undergo subsidiary penalty and it will also be in the form of destierro. It was also established that he was intoxicated. such shall be 1/3 of the period of suspension which in no case beyond one year.” For the purposes of subsidiary penalty. The subsidiary penalty follows the nature of the principal penalty. may he be required to undergo subsidiary penalty? Yes. the convict cannot be required to pay the fine for subsidiary penalty for the non-payment of the fine because public censure is a penalty that has no fixed duration. There are some who use the term subsidiary imprisonment. P200.00 x 50. It will only be one year and six months. If the penalty is public censure and fine even if the public censure is a light penalty. even if he has already served subsidiary penalty. Hence. This being a restriction of liberty with a fixed duration under Article 39 for the nonpayment of fine that goes with the destierro. he entered into the performance of public office even before he has complied with the required formalities. that will be the penalty to be imposed. Arresto Mayor is six months x 50 = 25 years. Penalty imposed was arresto mayor Vena V. and a penalty with a fixed duration. the penalty imposed was arresto mayor and a fine of P200. If the principal penalty is destierro. This is because the imprisonment that will be served will not go beyond six years. voluntarily surrendered and pleaded guilty of the crime charged upon arraignment. applying the Three. This is a penalty where a public officer anticipates public duties. I am not in the position to apply the Three-Fold Rule because the ThreeFold Rule is to be given effect when the convict is already serving sentence in the penitentiiary. Court offsets the aggravating circumstance against the mitigating circumstance and there still remains three mitigating circumstances. So the duration does not exceed six years. apply the Three-Fold Rule if the penalty is arresto mayor and a fine of P200. So. Illustration: A convict was sentenced to suspension and fine. The term is wrong because the penalty is not only served by imprisonment. /vvverga Page 93 of 100 .00. It is the prison authority who will apply the Three-Fold Rule. then. Articles 63 and 64 If crime committed is parricide. I would impose a penalty of arresto mayor and a fine of P200. the maximum duration of the subsidiary penalty is only 15 days. When there are two or more mitigating circumstances and there is no aggravating circumstance. This means one year and six months only. even if the totality of all the sentences without applying the Three-Fold Rule will go beyond six years.payment of the fine of P10. suspension and destierro have the same duration as prision correccional. The collector appropriated the amount collected and so was charged with estafa. he shall still be required to pay the fine and there is no deduction for that amount which the convict has already served by way of subsidiary penalty. if the felony committed is slight. Illustration: There are about four mitigating circumstances and one aggravating circumstance. this being a divisible penalty. Suppose the convict cannot pay the fine. The accused. Thus. If the totality of the imprisonment under this rule does not exceed six years. if the felony committed is grave or less grave. He was convicted. the Three-Fold Rule will apply.00 multiplied by 50 counts and state further that “as a judge.
but in the minimum period. there is a privileged mitigating circumstance or the felony committed is attempted or frustrated. like prision correcional minimum. and two degrees lower is prision correccional. such penalty should be understood as a degree in itself and the following rules shall govern: (1) When the penalty prescribed by the Revised Code is made up of a period. penalty is one degree lower than that prescribed by law. but destierro. In homicide under Article 249. (2) When the offender is an accomplice or accessory only Penalty is one degree lower in the case of an accomplice. Go into the lowering of the penalty by one degree if the penalty is divisible. But be this as it is. with respect to the range of each penalty. Cannot go below the minimum period when there is an aggravating circumstance. Verga No. to a limited extent. Although the penalty is prescribed by the Revised Penal Code as a period. no matter how many mitigating circumstances there are. It is necessary to know the chronology under Article 71 by simply knowing the scale. in the scale of penalties graduated according to degrees. On the other hand. This is so because the penalty prescribed by law for a crime refers to the consummated stage. since arresto menor is one to 30 days or one month. If it is attempted. This is true if the penalty prescribed by the Revised Penal Code is a whole divisible penalty -. (4) (5) Penalty commonly imposed by the Revised Penal Code may be by way of imprisonment or by way of fine or. if homicide is frustrated. penalty is two degrees lower than that prescribed by law. When the penalty prescribed for the crime committed is a divisible penalty and there are two or more ordinary mitigating circumstances and no aggravating circumstances whatsoever. In such a case when there are aggravating circumstances. When there is a privilege mitigating circumstance in favor of the offender. But if the penalty would be lowered by degree. Whenever the provision of the Revised Penal Code specifically lowers the penalty by one or two degrees than what is ordinarily prescribed for the crime committed. by way of destierro or disqualification. when it is only ordinary mitigating circumstance and aggravating circumstance. Penalty is two degrees lower in the case of an accessory. if it is attempted or frustrated. the duration of destierro is the same as prision correccional which is six months and one day to six years. is prision mayor. after offsetting. the range of arresto menor follows arresto mayor. Because you determine the imposable fine on the basis of the financial resources or means of the offender. because if it is a light felony and punishable by fine. the penalty is reclusion temporal. So. the judge lowered the penalty by one degree. or prision correcional minimum to medium. the penalties prescribed by the Revised Penal Code are only in periods. do not go down any degree lower. under Article 71. it will lower the penalty by one or two degrees than that prescribed by law depending on what the particular provision of the Revised Penal Code states.one degree or 2 degrees lower will also be punished as a whole. This is so because the penalty prescribed by law for a given crime refers to the consummated stage. do not go one degree lower because it is not punishable unless it is a light felony against person or property where the imposable penalty will be lowered by one degree or two degrees. apply Article 66. correct? Is the judge (3) Vena V. the reference is Article 71. But generally. provided it is not a light felony against persons or property. while arresto mayor is one month and one day to six months. like prision correccional medium. or there is an accomplice participating in homicide. Article 66 When there are mitigating circumstance and aggravating circumstance and the penalty is only fine. One degree lower. Take note that destierro comes after arresto mayor so the penalty one degree lower than arresto mayor is not arresto menor. it is not a crime at all unless it is consummated. whether absolute or special. the penalty next lower in degree shall be the one imposed. In Article 27. Memorize the scale in Article 71. In the matter of lowering the penalty by degree. arresto mayor is higher than destierro. Penalty prescribed to a crime is lowered by degrees in the following cases: (1) When the crime is only attempted or frustrated If it is frustrated. So do not apply the rule in paragraph 5 of Article 64 to a case where the penalty is divisible. The penalty prescribed by law will be the penalty to be imposed.Criminal Law 1 Reviewer (Padilla cases and notes combined with Ortega Notes) Because of that. the penalty one degree lower /vvverga Page 94 of 100 .
00 shall again be deducted from P375. when there are two or more ordinary mitigating circumstance and there is no aggravating circumstance whatsoever. The Three-Fold Rule Under this rule. The penalty one degree lower is P375. the penalty another degree lower is a fine ranging from P200.00 from P500.00.00 shall be deducted therefrom. Article 66 of the Revised Penal Code shall govern. he will actually serve the penalties imposed by law. the rules are found in Articles 63 and 64. For instance. when there are two offenders who are co-conspirators to a crime.00. it is not only the mitigating and/or aggravating circumstances that the court shall take into consideration. not the the the (2) This rule is intended for the benefit of the convict and so.00. Illustration: If the penalty prescribed for the crime is prision correccional medium to maximum. 1/4 of P500.00. This penalty made up of three periods. As to how mitigating or aggravating circumstances may affect the penalty. such penalty shall be lowered by one degree only but imposed in the proper period. you will only apply this provided the sum total of all the penalties imposed would be greater than /vvverga Page 95 of 100 . In other words.00. However. and the penalty two degrees lower is arresto mayor maximum.Criminal Law 1 Reviewer (Padilla cases and notes combined with Ortega Notes) is prision correccional minimum. it cannot go lower than P200.00 to P250. every time you go down one degree lower. and one of them is wealthy while the other is a pauper. Illustration: If the penalty prescribed is a fine ranging from P200. the most severe of penalties imposed on him shall be multiplied by three and the period will be only term of the penalty to be served by him. Article 64 governs when the penalty prescribed by the Revised Penal Code is divisible. So. the penalty one degree lower is prision correccional maximum to prision mayor medium. and their penalty consists of a fine only. when the penalty prescribed by the Revised Penal Code is divisible. Article 66 In so far as ordinary mitigating or aggravating circumstance would affect the penalty which is in the form of a fine.00. if the fine has to be lowered by degree either because the felony committed is only attempted or frustrated or because there is an accomplice or an accessory participation.00. when a convict is to serve successive penalties. Another degree lower will be arresto mayor maximum to prision correccional medium. every time such penalty is lowered by one degree you have to go down also by two periods. the fine is lowered by Vena V. the fine will be imposed at P200. When the penalty prescribed by the Code is made up of two periods of a given penalty. So. but primarily. Article 75 – Fines With respect to the penalty of fine. This is done by deducting P125. Article 63 governs when the penalty prescribed by the Revised Penal Code is indivisible. (3) When the penalty prescribed by the Revised Penal Code is made up of three periods of different penalties. the prescribed penalty is never lowered by degree.00. Every degree will be composed of two periods. no matter how many ordinary mitigating circumstances there are. This rule applies when the fine has to be lowered by degree. Penalty for murder under the Revised Penal Code is reclusion temporal maximum to death. Under this article. To go another degree lower. These rules refer to the lowering of penalty by one or two degrees. It takes a privileged mitigating circumstance to lower such penalty by degree. but the felony is frustrated so that the penalty should be imposed one degree lower. the financial capability of the offender to pay the fine. the penalty would be reclusion temporal maximum – reclusion perpetua – death. Illustration: The penalty prescribed by the Revised Penal Code is prision mayor maximum to reclusion temporal medium. When the penalty is indivisible. In other words.00 and that would leave a difference of P250. leaving a difference of P375. P125. On the other hand. Verga deducting 1/4 of the maximum amount of the fine from such maximum without changing the minimum amount prescribed by law. Hence. it is discretionary upon the court to apply the fine taking into consideration the financial means of the offender to pay the same. the penalty upon an accused who is poor may be less than the penalty upon an accused committing the same crime but who is wealthy . you have to go down by three periods. and the penalty another degree lower will be arresto mayor minimum to medium. If at all. Instead. the penalty one degree lower will be arresto mayor maximum to prision correccional minimum. each degree will be made up of only one period because the penalty prescribed is also made up only of one period. the fine has to be lowered further. in no case should penalty exceed 40 years. the court may impose a higher penalty upon the wealthy person and a lower fine for the pauper. For the same crime.00 to P500. These rules have nothing to do with mitigating or aggravating circumstances.
whether sentences are promulgated in one day or whether the sentences promulgated by different courts on different days.000 years or more. imprisonment. whether the Three-Fold Rule could be applied. the two remaining penalties must still be executed. you can never arrive at a sum higher than the product of the most severe multiplied by three. The chronology of the penalties as provided in Article 70 of the Revised Penal Code shall be followed. then it does not apply. If the penalty is perpetual disqualification.to reform them rather than to deteriorate them and. The three-Fold rule will apply whether sentences are the product of one information in one court. so that if he will have to suffer several perpetual disqualification. as amended Three things to know about the Indeterminate Sentence Law: (1) (2) (3) Its purpose. even if it would amount to 1.Criminal Law 1 Reviewer (Padilla cases and notes combined with Ortega Notes) the product of the most severe penalty multiplied by three but in no case will the penalties to be served by the convict be more than 40 years. Although this rule is known as the Three-Fold rule. In other words. If the crime is a violation of the Revised Penal Code. the court is not at liberty to apply the Three-Fold Rule. The Three-Fold rule does not apply to the penalty prescribed but to the penalty imposed as determined by the court. The Three-Fold Rule can only be applied if the convict is to serve four or more sentences successively. It is not limited to violations of the Revised Penal Code. It is in the service of the penalty. If the sentences would be served simultaneously. It is only when the convict is /vvverga Page 96 of 100 . the the the are the Vena V. the Three-Fold rule does not govern. even penalties without any fixed duration or indivisible penalties are taken into account. saving the government expenses of maintaining the convicts on a prolonged confinement in jail. the court will impose a sentence that has a minimum and maximum. you cannot actually apply this if the convict is to serve only three successive penalties. it will be given and equivalent duration of 30 years. not in the imposition of the penalty. If asked. if the valuable human resources were allowed prolonged confinement in jail. Illustration: A district engineer was sentenced by the court to a term of 914 years in prison. So not only penalties with fixed duration. that Three-Fold rule is to be applied. if given a situation. Significance: If ever granted pardon for 1 crime. Verga serving sentence that the prison authorities should determine how long he should stay in jail. The common mistake is. they would deteriorate. If not by Purpose The purpose of the Indeterminate Sentence law is to avoid prolonged imprisonment. 4013 (Indeterminate Sentence Law). Purpose is to preserve economic usefulness for these people for having committed a crime -. you take the most severe and multiply it by three. at the same time. even perpetual penalties are taken into account. Never apply the Three-Fold rule when there are only three sentences. For purposes of the Three-Fold rule. the purpose of the Indeterminate Sentence Law in shortening the possible detention of the convict in jail is to save valuable human resources. Illustration: Penalties imposed are – One prision correcional – minimum – 2 years and 4 months One arresto mayor One prision mayor . A person was sentenced to three death sentences. if you were the judge. for purposes of imposing the penalty. Act No. what penalty would you impose. The maximum of the indeterminate sentence will be arrived at by taking into account the attendant mitigating and/or aggravating circumstances according to Article 64 of the Do not commit the mistake of applying the Three. and How it operates For purposes of the Three-Fold Rule.6 years and 1 day to 12 years Indeterminate Sentence Law governs whether the crime is punishable under the Revised Penal Code or a special Law.Fold Rule in this case. because it is proven to be more destructive than constructive to the offender. Even if you add the penalties. It applies only when the penalty served is imprisonment. Instances when it does not apply.1 month and 1 day to 6 months . whatever the sum total of penalty for each crime committed. indivisible penalties are given equivalent of 30 years. This rule will apply only if sentences are to be served successively. What is material is that convict shall serve more than three successive sentences. So. under the Three-Fold rule.
If there are two or more mitigating circumstance and no aggravating circumstance. If the crime is a violation of a special law. it may happen that the maximum of the indeterminate sentence is lower than its minimum. But penalty one degree lower shall be applied in the same manner that the maximum is also fixed based only on ordinary mitigating circumstances. If there is mitigating circumstance. Within the range of one degree lower. no aggravating. in applying the Indetermiante Sentence Law. there are no degree or periods. In fixing the minimum. If the mitigating circumstance is privileged. (4) (5) Vena V. the rule is. it is enough that the name of the penalty is mentioned while the Indeterminate Sentence Law is applied. and to set a maximum as the limit of that sentence. Therefore. In the same manner. To fix the minimum and the maximum of the sentence. crimes under special law do not consider mitigating or aggravating circumstance present in the commission of the crime. the court will take into account the penalty prescribed for the crime and go one degree lower. as long as it will not be less than the minimum limit of the penalty under said law. when the crime is punished under a special law. do not say. there is no need to mention the number of years. Crimes punished under special law carry only one penalty. If the crime is punished by the Revised Penal Code. In determining the applicable penalty according to the Indeterminate Sentence Law. there is always a minimum and maximum of the sentence that the convict shall serve. For the purposes of the indeterminate Sentence Law. which provides that the penal laws should always be construed an applied in a manner liberal or lenient to the offender. months and days. the law provides that the maximum shall be arrived at by considering the mitigating and aggravating circumstances in the commission of the crime according to the proper rules of the Revised Penal Code. as long as it will not exceed the limit of the penalty. This means – (1) Penalties prescribed by the law for the crime committed shall be imposed in the medium period if no mitigating or aggravating circumstance. Verga If there are several mitigating and aggravating circumstances. So. Rule under Art 64 shall apply in determining the maximum but not in determining the minimum. Moreover. and go one degree lower than that. is obviously erroneous. No mitigating and aggravating circumstances are taken into account. they shall offset against each other. however. otherwise. the minimum shall be based on the penalty as reduced by the privilege mitigating circumstance within the range of the penalty next lower in degree. So. So in the case of statutory offense. The attendant mitigating and/or aggravating circumstances in the commission of the crime are taken into consideration only when the maximum of the penalty is to be fixed. penalty shall be in the minimum. the court will impose the penalty within the range of the penalty prescribed by the special law.Criminal Law 1 Reviewer (Padilla cases and notes combined with Ortega Notes) Revised Penal Code. If there is a privilege mitigating circumstance which has been taken in consideration in fixing the maximum of the indeterminate sentence. penalty shall be imposed in the maximum. we refer to the maximum limit of the duration that the convict may be held in jail. it is that penalty arrived at by the court after applying the mitigating and aggravating circumstances that should be the basis. apply the rules. the court will fix the minimum for the indeterminate sentence. maximum or minimum period. it was held that for purposes of applying the Indeterminate Sentence Law. courts are given discretion to fix a minimum (2) (3) /vvverga Page 97 of 100 . In one Supreme Court ruling. the court may fix any penalty as the maximum without exceeding the penalty prescribed by special law for the crime committed. for purposes of ISLAW. The minimum and the maximum referred to in the Indeterminate Sentence Law are not periods. in fixing the maximum of the indeterminate sentence. If there is aggravating circumstance. Courts are required to fix a minimum and a maximum of the sentence that they are to impose upon an offender when found guilty of the crime charged. Under the law. penalty next lower in degree shall be the one imposed. This is so because such an interpretation runs contrary to the rule of pro reo. This is true only if the mitigating circumstance taken into account is only an ordinary mitigating circumstance. In arriving at the minimum of the indeterminate sentence. the court will fix the maximum of the sentence. you cannot follow the law in so far as fixing the minimum of the indeterminate sentence is concerned. Whatever remains. the penalty prescribed by the Revised Penal Code and not that which may be imposed by court. whenever the Indeterminate Sentence Law is applicable. no mitigating and no aggravating circumstances will be taken into account. We are not referring to any period of the penalty as enumerated in Article 71. To fix the maximum. the basis of the penalty prescribed by the Revised Penal Code. and within the range of the penalty arrived at as the maximum in the indeterminate sentence. and when we say maximum. penalty under the Revised Penal Code is not the penalty to be imposed by court because the court must apply the Indeterminate Sentence Law. no mitigating. the court can fix a penalty anywhere within the range of penalty prescribed by the special law. Just the same. courts are required in imposing the penalty upon the offender to fix a minimum that the convict should serve. consider the mitigating and aggravating circumstances according to the rules found in Article 64. use the term minimum to refer to the duration of the sentence which the convict shall serve as a minimum. But in so far as the minimum is concerned. This ruling.
those convicted of a crime against public order regardless of the penalty are not qualified for probation. Among these crimes is Alarms and Scandals. Book 2 of the Revised Penal Code. So the benefit of probation must be invoked at the earliest instance after conviction. Presidential Decree No. So even if the prison term would sum up to more than six years. Probation is a manner of disposing of an accused who have been convicted by a trial court by placing him under supervision of a probation officer. the penalty of which is only arresto menor or a fine. If the penalty is six years plus one day. This /vvverga Page 98 of 100 . those who are convicted of subversion or any crime against the public order are not qualified for probation. he cannot avail of probation anymore. Persons who are habitual delinquents. If the offender was convicted of several offenses which were tried jointly and one decision was rendered where multiple sentences imposed several prison terms as penalty. Vena V. according to – (1) (2) (3) The time committed. So even if he would be convicted subsequently of a crime embraced in the same title of the Revised Penal Code as that of the earlier conviction. the basis for determining whether the penalty disqualifies the offender from probation or not is the term of the individual imprisonment and not the totality of all the prison terms imposed in the decision.00. no. So know the crimes under Title III. he is no longer qualified for probation. only those whose penalty does not exceed six years of imprisonment are those qualified for probation. Verga may be availed of before the convict begins serving sentence by final judgment and provided that he did not appeal anymore from conviction. Exception: If the earlier conviction refers to a crime the penalty of which does not exceed 30 days imprisonment or a fine of not more than P200. Persons convicted espionage. Those whose maximum term of imprisonment does not exceed one year. the offender is not disqualified by such penalty from applying for probation. On the other hand. Under the amendment to the Probation Law. such convict is not disqualified of the benefit of probation. For the offender to apply in such court. as long as it will not be lower than the penalty prescribed. Disqualification may be divided into three. Persons who sentence.Criminal Law 1 Reviewer (Padilla cases and notes combined with Ortega Notes) anywhere within the range of the penalty prescribed by special law. The Indeterminate Sentence Law shall not apply to: (1) (2) (3) (4) (5) (6) (7) (8) Persons convicted of offense punishable with death penalty or life imprisonment. Cempron. under such terms and conditions that the court may fix. the imposable penalty is reclusion temporal or less. the moment he perfects an appeal from the judgment of conviction. Persons convicted of piracy. if after considering the attendant circumstances. the most important is probation. of misprision of treason. The penalty imposed. national security or subversion. The idea is that probation has to be invoked at the earliest opportunity. rebellion. An application for probation is exclusively within the jurisdiction of the trial court that renders the judgment. the Indeterminate Sentence Law applies (People v. May a recidivist be given the benefit of Probation Law? As a general rule. shall have escaped from confinement or evaded Those who have been granted conditional pardon by the Chief Executive and shall have violated the term thereto. He should not wait up to the time when he interposes an appeal or the sentence has become final and executory. Although a person may be eligible for probation. conspiracy or proposal to commit treason. Persons convicted of treason. Although the penalty prescribed for the felony committed is death or reclusion perpetua. if none of the individual penalties exceeds six years. without regard to the penalty. 187 SCRA 278). he is not disqualified from probation provided that the penalty of the current crime committed does not go beyond six years and the nature of the crime committed by him is not against public order. but not to those already sentenced by final judgment at the time of the approval of Indeterminate Sentence Law. sedition. 968 (Probation Law) Among the different grounds of partial extinction of criminal liability. and The offender involved. Without regard to the nature of the crime. he should not appeal such judgment.
the convict cannot avail of probation.Criminal Law 1 Reviewer (Padilla cases and notes combined with Ortega Notes) Once he appeals. he forfeits his right to apply for probation. provided the same would not violate the constitutional rights of the offender and subject /vvverga Page 99 of 100 . upon promulgation of the sentence. and to save the government much needed finance for maintaining convicts in jail Probation is only a privilege. Probation shall be denied if the court finds: (1) (2) (3) That the offender is in need of correctional treatment that can be provided most effectively by his commitment to an institution. Persons who have been granted of the benefit of probation cannot avail thereof for the second time. Offenses which are not probationable are those against natural security. the penalty which is not probationable is any penalty exceeding six years of imprisonment. because of the prevalence of the crime. Probation is intended to promote the correction and rehabilitation of an offender by providing him with individualized treatment. the courts are always required to conduct a hearing. regardless of the purpose of the appeal. but only based on the report of the probation officer. the courts do not grant an application for probation for violation of the Dangerous Drugs Law. as a probationer. that because a crime committed is not bailable or the crime committed. naturally he goes back to detention. to decongest our jails. where as the applicant is not disqualified under the provision of the Probation Law. Discretionary conditions: The trial court which approved the application for probation may impose any condition which may be constructive to the correction of the offender. he has partly started serving sentence and in that case. If the convict perfected an appeal. although bailable. that does not mean that they already start serving the sentence even after promulgation of the sentence. The probation law imposes two kinds of conditions: (1) (2) Mandatory conditions. if he would be released on probation. because the earliest opportunity for him to avail of probation came only after judgment by the appellate court. As far as offenders who are under preventive imprisonment. the court even if the crime is probationable may still deny the benefit of probation. he will be disqualified from applying for Probation. the order denying the application therefore is null and void. must report to the PO at least once a month during the period of probation unless sooner required by the PO. That there is undue risk that during the period of probation the offender will commit another crime. In such a case. sentence will only become final and executory after the lapse of the 15-day period. the probation is cancelled. the penalty will already be final and exeuctory. yet the court believes that because of the crime committed it was not advisable to give probation because it would depreciate the effect of the crime. Verga only where the convict starts serving sentence and provided he has not perfected an appeal. the denial is correctible by certiorari. because it is an act of the court in excess of jurisdiction or without jurisdiction. less than six years. to provide an opportunity for the reformation of a penitent offender which might be less probable if he were to serve a prison sentence. to prevent the commission of offenses. If the court denied the application for probation without the benefit of the hearing. If it were the non-probationable crime. the moment any of these is violate. and The convict. Consider not only the probationable crime. Whether a convict who is otherwise qualified for probation may be give the benefit of probation or not. even though he may thereafter withdraw his appeal. they cannot afford to put up a bail. Generally. then regardless of the penalty. unless the convict has waived expressly his right to appeal or otherwise. those against public order and those with reference to subversion. So even if the offender may not be disqualified of probation. that convict can still file an application for probation. iii. Generally. or Probation will depreciate the seriousness of the crime. but also the probationable penalty. (2) These conditions being mandatory. Mandatory conditions: (1) The convict must report to the Probation Officer (PO) designated in the court order approving his application for Probation within 72 hours from receipt of Notice of such order approving his application. To allow him loose may bring about a lack of respect of the members of the community to the enforcement of penal law. and Discretionary conditions. the court may refuse or deny an application for probation. just the individual rehabilitation of the offender but also the best interest of the society and the community where the convict would be staying. no right to probation can be applied for. Probation is only available once and this may be availed Vena V. If the offender would appeal the conviction of the trial court and the appellate court reduced the penalty to say. So it is not along the purpose of probation to grant the convict the benefit thereof.
and (2) such condition should not be incompatible with the freedom of conscience of the probationer EXTINCTION OF CRIMINAL LIABILITY Always provide two classifications when answering this question. By commutation of sentence. the offended was again captured and charged for rebellion.Criminal Law 1 Reviewer (Padilla cases and notes combined with Ortega Notes) to this two restrictions: (1) the conditions imposed should not be unduly restrictive of the probationer. Illustrations: Criminal liability is partially extinguished as follows: (1) (2) (3) (4) (5) By conditional pardon. Amnesty erases not only the conviction but also the crime itself. decided on September 2. the case on appeal will be dismissed. This is only true to administrative cases but not criminal cases. Where the offender dies before final judgment. So while a case is on appeal. he shall still be a recidivist. unless the language of the pardon absolutely relieve the offender of all the effects thereof. a public official was charged before the Sandiganbayan for violation of Anti-Graft and Corrupt Practices Act. By the marriage of the offended women as in the crimes of rape. and Probation. what was given was absolute pardon. The offended party may file a separate civil action under the Civil Code if any other basis for recovery of civil liability exists as provided under Art 1157 Civil Code. Amnesty and pardon Death of the offender Vena V. seduction and acts of lasciviousness. then years later he rebelled again and convicted. is he a recidivist? No. By prescription of the penalty. Verga elected by the constituents. he was nevertheless re- /vvverga Page 100 of 100 . By prescription of the crime. that pardon will not wipe out the effects of the crime. (People v. he was convicted. So if the convict has already served the sentence and in spite of that he was given a pardon that pardon will cover the effects of the crime and therefore. For good conduct. you cannot find among them the election to public office. Total extinction of criminal liability Among the grounds for total extinction as well as those for partial extinction. Because the amnesty granted to him erased not only the conviction but also the effects of the conviction itself. if he will be subsequently convicted for a felony embracing the same title as that crime. one of the defenses raised was that of condonation of the crime by his constituents. no matter how long ago was the first conviction. Pardon only excuses the convict from serving the sentence. the offender dies. his death extinguishes both his criminal and civil liabilities. Parole. Pardon. and so he was given an amnesty. By amnesty which completely extinguished the penalty and all its effects. Considering that recidivism does not prescribe. Bayotas. because the pardon wipes out the effects of the crime. and as to pecuniary penalties. Criminal liability is totally extinguished as follows: (1) By the death of the convict as to personal penalties. So that if an offender was convicted for rebellion and he qualified for amnesty. 1994) (2) (3) (4) (5) (6) (7) The effects of amnesty as well as absolute pardon are not the same. liability therefore is extinguished only when the death of the offender occurs before final judgment By service of sentence. although absolute does not erase the effects of conviction. he cannot be considered a recidivist. is he a recidivist? Yes. allowances which the culprit may earn while he is serving sentence. There is an exception to this and that is when the pardon was granted when the convict had already served the sentence such that there is no more service of sentence to be executed then the pardon shall be understood as intended to erase the effects of the conviction. Suppose. But if he was serving sentence when he was pardoned. In one case. The Supreme Court ruled that the re-election to public office is not one of the grounds by which criminal liability is extinguished. then years later. instead of amnesty. that his constituents have pardoned him. abduction. During the ensuing election. By absolute pardon.
he shall not be considered a recidivist. as a general rule on the day the crime was committed. and therefore even if he commits theft again. the prescription thereof would only commence from the time the offended party or the government learns of the commission of the crime. in which case. When a crime prescribes. the period will only commence to run when the convict has begun to serve the sentence. a crime embraced in the same title. prescription of the crime is not waivable. the earlier jurisprudence to the contrary had already been abrogated or overruled. not public. Ten years later. so he brought the criminal action only then. The rules on Criminal Procedure for purposes of prescription is that the filing of the complaint even at the public prosecutor’s office suspends the running of the prescriptive period. The prevailing rule now is. Although pardon restores his eligibility for appointment to that office. When criminal case is filed in the prosecutor’s office. if legally.Criminal Law 1 Reviewer (Padilla cases and notes combined with Ortega Notes) Vena V. From the moment the falsified document is registered in the Registry of Property. because it does not require a final judgment. the crime has indeed prescribed. There is no such thing as a premature amnesty. the prescriptive period of the crime shall already run from the moment the falsified document was recorded in the public registry. (2) But where the crime is subject to Summary Procedure. So the earlier rulings to the contrary are already abrogated by express provision of the Revised Rules on Criminal Procedure. the filing of the complaint on the succeeding Monday is already fatal to the prosecution of the crime because the crime has already prescribed. Local Government Code. the prescription of the crime will be suspended only when the information is already filed with the trial court. such accused can raise the question of prescription even for the first time on appeal. pardon shall relieve him of the effects of the crime. if he has served all six years of the first sentence. the crime has already prescribed. but not the filing with the barangay. even though the last day such prescriptive period falls on a holiday or a Sunday. Jr. the State loses the right to prosecute the offender. and his name was included in the list of all those granted absolute pardon. Pedro was again prosecuted and convicted of the crime of theft. 170 SCRA 191. the period for filing a complaint or information may not be extended at all. If the 60th day falls on a Sunday. So /vvverga Page 101 of 100 . If given before this. this time he shall be a recidivist. Illustration: In the crime of falsification of a document that was registered in the proper registry of the government like the Registry of Property or the Registry of Deeds of the Civil registry. the prescription of the crime is suspended until the accused is convicted or the proceeding is terminated for a cause not attributable to the accused. The Supreme Court ruled that the crime has already prescribed. light felony prescribes in 60 days or two months. the pardoned convict must reapply for the new appointment . it was held that absolute pardon does not ipso facto entitle the convict to reinstatement to the public office forfeited by reason of his conviction. In Monsanto v. but the suspension of the prescriptive period is good only for 60 days. whether the conciliation or mediation is terminated for not. Actually. and the appellate court shall have no jurisdiction to continue. Factoran. Pedro was prosecuted and convicted of the crime of robbery and was sentenced to six years imprisonment or prision correccional. “Commission of the crime is public” -. it is premature and hence void. Pardon becomes valid only when there is a final judgment. the penalty will prescribe from the moment the convict evades the service of the sentence. On the prescription of the penalty. the prescriptive period already commenced to run. After serving sentence for three years. Moreover. Prescription of crime and prescription of the penalty Prescription of the crime begins. the owner of the land came to know of the falsified transaction only after 10 years. the falsification is deemed public from the time the falsified document was registered or recorded in such public office so even though. the offender even if granted pardon shall still remain disqualified from those falling in cases where moral turpitude is a bar. it may be given before final judgment or after it. even though the offender may not have filed a motion to quash on this ground the trial court. the offended party may not really know of the falsification. It is not the filing of the complaint. So in the case where a deed of sale of a parcel of land which was falsified was recorded in the corresponding Registry of Property. but the filing of the information in the trial which will suspend the prescription of the crime. After which the prescription will resume to run. Verga When the crime carries with it moral turpitude. The prescription of the crime is interrupted or suspended – (1) When a complaint is filed in a proper barangay for conciliation or mediation as required by Chapter 7. unless the crime was concealed.. For instance. but after conviction and during the appeal he learned that at the time the case was filed. On the other hand.This does not mean alone that the crime was within public knowledge or committed in public. hence. for purposes of prescription. he was granted absolute pardon.
on the way to the penitentiary. This is the partial extinction referred to. no partial extinction. and Indemnification of consequential damages. thus enabling the prisoner to escape. The crime committed does not include the initial evasion of service of sentence that the convict must perform before the penalty shall begin to prescribe. the moment the convict commits another crime while he is fugitive from justice. it is the commission of other crime. he must be brought to Muntinlupa. Do not think that the marriage is avoided or annulled. the vehicle carrying him collided with another vehicle and overturned. Marriages in these cases may even compound the crime of adultery or concubinage. the offended woman. Parole This correspondingly extinguishes service of sentence up to the maximum of the indeterminate sentence. but not when such co-principal himself took direct part in the execution of the crime. prescriptive period of the penalty shall be suspended and shall not run in the meantime. Canada. so this fellow was arrested to serve the sentence. Co-principals who did not themselves directly participate in the execution of the crime but who only cooperated. after the convict has evaded the service of penalty that will suspend such period. In the case of the prescription of the penalty. abduction. if the subject could leave the Philippines and go to a country with whom the Philippines has no extradition treaty. booked there. seduction and acts of lasciviousness that the marriage by the offender with the offended woman shall extinguish civil liability. in relation to Article 158. Indonesia. Those who did not leave the penitentiary under such circumstances do not get such allowance for loyalty. USA and Switzerland. Reparation of the damage caused. It is only true in the crimes of rape. otherwise. so that the initial crime of evasion of service of sentence does not suspend the prescription of penalty. if there are any. do not say that it is applicable for the crimes under Article 344. no matter how long such convict has been a fugitive from justice. Marriage In the case of marriage. the running of the prescriptive period will go on even if the offender leaves Philippine territory for that country. Verga in the marriage and therefore must actually perform the duties of a husband after the marriage. So if the offender goes to any of these countries. The marriage still subsists although the offended woman may refile the complaint. although the marriage remains a valid marriage. Australia. such convict shall be given credit of 1/5 of the original sentence from that allowance for his loyalty of coming back. earthquake or similar catastrophe or during a mutiny in which he has not participated and he returned within 48 hours after the proclamation that the calamity had already passed. Article 158 refers only to those who leave and return. Whether it is prescription of crime or prescription of penalty. CIVIL LIABILITY OF THE OFFENDER Civil liability of the offender falls under three categories: (1) (2) (3) Restitution and restoration. so that if the convict was never given parole. For the penalty to prescribe. The offender who marries the offended woman must be sincere Vena V. seduction and acts of lasciviousness. It is only in the crimes of rape. Partial extinction of criminal liability Good conduct allowance This includes the allowance for loyalty under Article 98. and the conviction becomes final and executory. although already his wife can still prosecute him again. the prescriptive period of the crime or penalty shall remain suspended whenever he is out of the country. will also benefit from such marriage. but also that of the accomplice and accessory. abduction. Presently the Philippines has an extradition treaty with Taiwan. Restitution or restoration /vvverga Page 102 of 100 . Marriage as a ground for extinguishing civil liability must have been contracted in good faith. not only criminal liability of the principal who marries the offended woman. the penalty imposed by the trial court will never prescribe because he has not yet commenced the service of his sentence. The Supreme Court ruled that marriage contemplated must be a real marriage and not one entered to and not just to evade punishment for the crime committed because the offender will be compounding the wrong he has committed. notwithstanding such marriage. A convict who escapes the place of confinement on the occasion of disorder resulting from a conflagration.Criminal Law 1 Reviewer (Padilla cases and notes combined with Ortega Notes) if an accused was convicted in the trial court. placed inside the cell and thereafter he escapes. the prescriptive period still continues to run. When the offender leaves for a country to which the Philippines has an extradition treaty. Do not say that it is applicable to private crimes because the term includes adultery and concubinage.
Criminal Law 1 Reviewer (Padilla cases and notes combined with Ortega Notes)
Restitution or restoration presupposes that the offended party was divested of property, and such property must be returned. If the property is in the hands of a third party, the same shall nevertheless be taken away from him and restored to the offended party, even though such third party may be a holder for value and a buyer in good faith of the property, except when such third party buys the property from a public sale where the law protects the buyer. For example, if a third party bought a property in a public auction conducted by the sheriff levied on the property of a judgment creditor for an obligation, the buyer of the property at such execution sale is protected by law. The offended party cannot divest him thereof. So the offended party may only resort to reparation of the damage done from the offender. Some believed that this civil liability is true only in crimes against property, this is not correct. Regardless of the crime committed, if the property is illegally taken from the offended party during the commission of the crime, the court may direct the offender to restore or restitute such property to the offended party. It can only be done if the property is brought within the jurisdiction of that court. For example, in a case where the offender committed rape, during the rape, the offender got on of the earrings of the victim. When apprehended, the offender was prosecuted for rape and theft. When the offender was asked why he got on of the earrings of the victim, the offender disclosed that he took one of the earrings in order to have a souvenir of the sexual intercourse. Supreme Court ruled that the crime committed is not theft and rape but rape and unjust vexation for the taking of the earring. The latter crime is not a crime against property, this is a crime against personal security and liberty under Title IX of Book II of the RPC. And yet, the offender was required to restore or restitute the earring to the offended woman. Property will have to be restored to the offended party even this would require the taking of the property from a third person. Where personal property was divested from the offended party pursuant to the commission of the crime, the one who took the same or accepted the same would be doing so without the benefit of the just title. So even if the property may have been bought by the third person, the same may be taken from him and restored to the offended party without an obligation on the part of the offended party to pay him whatever he paid. The right to recover what he has paid will be against the offender who sold it to him. On the other hand, if the crime was theft or robbery, the one who received the personal property becomes a fence, he is not only required to restitute the personal property but he incurs criminal liability in violation of the Anti-Fencing Law. If the property cannot be restituted anymore, then the damage must be repaired, requiring the offender to pay the value thereof, as determined by the court. That value includes the sentimental value to the offended party, not only
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the replacement cost. In most cases, the sentimental value is higher than the replacement value. But if what would be restored is brand new, then there will be an allowance for depreciation, otherwise, the offended party is allowed to enrich himself at the expense of the offender. So there will be a corresponding depreciation and the offended party may even be required to pay something just to cover the difference of the value of what was restored to him. The obligation of the offender transcends to his heirs, even if the offender dies, provided he died after judgment became final, the heirs shall assume the burden of the civil liability, but this is only to the extent that they inherit property from the deceased, if they do not inherit, they cannot inherit the obligations. The right of the offended party transcends to heirs upon death. The heirs of the offended party step into the shoes of the latter to demand civil liability from the offender. Reparation of the damage caused In case of human life, reparation of the damage cause is basically P50,000.00 value of human life, exclusive of other forms of damages. This P50,000.00 may also increase whether such life was lost through intentional felony or criminal negligence, whether the result of dolo or culpa. Also in the crime of rape, the damages awarded to the offended woman is generally P30,000.00 for the damage to her honor. In earlier rulings, the amount varied, whether the offended woman is younger or a married woman. Supreme Court ruled that even if the offended woman does not adduce evidence or such damage, court can take judicial notice of the fact that if a woman was raped, she inevitably suffers damages. Under the Revised Rules on Criminal Procedure, a private prosecutor can recover all kinds of damages including attorney’s fee. The only limitation is that the amount and the nature of the damages should be specified. The present procedural law does not allow a blanket recovery of damages. Each kind of damages must be specified and the amount duly proven. Indemnification of consequential damages Indemnification of consequential damages refers to the loss of earnings, loss of profits. This does not refer only to consequential damages suffered by the offended party; this also includes consequential damages to third party who also suffer because of the commission of the crime. The offender carnapped a bridal car while the newly-weds were inside the church. Since the car was only rented, consequential damage not only to the newly-weds but also to the entity which rented the car to them.
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Most importantly, refer to the persons who are civilly liable under Articles 102 and 103. This pertains to the owner, proprietor of hotels, inns, taverns and similar establishments, an obligation to answer civilly for the loss or property of their guests. Under Articloe 102, two conditions must be present before liability attaches to the inkeepers, tavernkeepers and proprietors: (1) The guest must have informed the management in advance of his having brought to the premises certain valuables aside from the usual personal belongings of the guest; and The guest must have followed the rules and regulations prescribed by the management of such inn, tavern, or similar establishment regarding the safekeeping of said valuables.
Vena V. Verga
When these requisites concur, the employer will be subsidiarily civilly liable for the full amount that his employee was adjudged civilly liable. It is already settled in jurisprudence that there is no need to file a civil action against the employer in order to enforce the subsidiary civil liability for the crime committed by his employee, it is enough that the writ of execution is returned unsatisfied. There is no denial of due process of law because the liability of the employer is subsidiary and not primary. He will only be liable if his employee does not have the property to pay his civil liability, since it is the law itself that provides that such subsidiary liability exists and ignorance of the law is not an excuse. Civil liability of the offender is extinguished in the same manner as civil obligation is extinguished but this is not absolutely true. Under civil law, a civil obligation is extinguished upon loss of the thing due when the thing involved is specific. This is not a ground applicable to extinction of civil liability in criminal case if the thing due is lost, the offender shall repair the damages caused. When there are several offenders, the court in the exercise of its discretion shall determine what shall be the share of each offender depending upon the degree of participation – as principal, accomplice or accessory. If within each class of offender, there are more of them, such as more than one principal or more than one accomplice or accessory, the liability in each class of offender shall be subsidiary. Anyone of the may be required to pay the civil liability pertaining to such offender without prejudice to recovery from those whose share have been paid by another. If all the principals are insolvent, the obligation shall devolve upon the accomplice(s) or accessory(s). But whoever pays shall have the right of covering the share of the obligation from those who did not pay but are civilly liable. To relate with Article 38, when there is an order or preference of pecuniary (monetary) liability, therefore, restitution is not included here. There is not subsidiary penalty for non-payment of civil liability. Subsidiary civil liability is imposed in the following: (1) In case of a felony committed under the compulsion of an irresistible force. The person who employed the irresistible force is subsidiarily liable; In case of a felony committed under an impulse of an equal or greater injury. The person who generated such an impulse is subsidiarily liable.
The Supreme Court ruled that even though the guest did not obey the rules and regulations prescribed by the management for safekeeping of the valuables, this does not absolve management from the subsidiary civil liability. Noncompliance with such rules and regulations but the guests will only be regarded as contributory negligence, but it won’t absolve the management from civil liability. Liability specially attaches when the management is found to have violated any law or ordinance, rule or regulation governing such establishment. Even if the crime is robbery with violence against or intimidation of persons or committed by the inkeeper’s employees, management will be liable, otherwise, not liable because there is duress from the offender, liable only for theft and force upon things. Under Article 103, the subsidiary liability of an employer or master for the crime committed by his employee or servant may attach only when the following requisites concur: (1) (2) (3) (4) The employer must be engaged in business or in trade or industry while the accused was his employee; At the time the crime was committed, the employee-employerr relationship must be existing between the two; The employee must have been found guilty of the crime charged and accordingly held civilly liable; The writ of execution for the satisfaction of the civil liability was returned unsatisfied because the accused-employee does not have enough property to pay the civil liability.
The owners of taverns, inns, motels, hotels, where the crime is committed within their establishment due to noncompliance with general police
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regulations, if the offender who is primarily liable cannot pay, the proprietor, or owner is subsidiarily liable. Felonies committed by employees, pupils, servants in the course of their employment, schooling or household chores. The employer, master, teacher is subsidiarily liable civilly, while the offender is primarily liable. In case the accomplice and the principal cannot pay, the liability of those subsidiarily liable is absolute. COMPLEX CRIME Philosophy behind plural crimes: The treatment of plural crimes as one is to be lenient to the offender, who, instead of being made to suffer distinct penalties for every resulting crime is made to suffer one penalty only, although it is the penalty for the most serious one and is in the maximum period. Purpose is in the pursuance of the rule of pro reo. If be complexing the crime, the penalty would turn out to be higher, do not complex anymore. Example: Murder and theft (killed with treachery, then stole the right). Penalty: If complex – Reclusion temporal maximum to death. If treated individually – Reclusion temporal to Reclusion Perpetua. Complex crime is not just a matter of penalty, but of substance under the Revised Penal Code. Plurality of crimes may be in the form of: (1) (2) (3) Compound crime; Complex crime; and Composite crime.
Vena V. Verga
robbery with rape, rape with homicide. These are crimes which in the eyes of the law are regarded only as a single indivisible offense. iv. Composite Crime/Special Complex Crime This is one which in substance is made up of more than one crime but which in the eyes of the law is only a single indivisible offense. This is also known as a special complex crime. Examples are robbery with homicide, robbery with rape, and rape with homicide. The compound crime and the complex crime are treated in Article 48 of the Revised Penal Code. But in such article, a compound crime is also designated as a complex crime, but “complex crimes” are limited only to a situation where the resulting felonies are grave and/or less grave. Whereas in a compound crime, there is no limit as to the gravity of the resulting crimes as long as a single act brings about two or more crimes. Strictly speaking, compound crimes are not limited to grave or less grave felonies but covers all single act that results in two or more crimes. Illustration: A person threw a hand grenade and the people started scampering. When the hand grenade exploded, no on was seriously wounded all were mere wounded. It was held that this is a compound crime, although the resulting felonies are only slight. Illustration of a situation where the term “necessary” in complex crime should not be understood as indispensable: Abetting committed during the encounter between rebels and government troops such that the homicide committed cannot be complexed with rebellion. This is because they are indispensable part of rebellion. (Caveat: Ortega says rebellion can be complexed with common crimes in discussion on Rebellion) The complex crime lies actually in the first form under Article 148. The first form of the complex crime is actually a compound crime, is one where a single act constitutes two or more grave and/or less grave felonies. The basis in complexing or compounding the crime is the act. So that when an offender performed more than one act, although similar, if they result in separate crimes, there is no complex crime at all, instead, the offender shall be prosecuted for as many crimes as are committed under separate information. When the single act brings about two or more crimes, the offender is punished with only one penalty, although in the maximum period, because he acted only with single criminal impulse. The presumption is that, since there is only one
A compound crime is one where a single act produces two or more crimes. A complex crime strictly speaking is one where the offender has to commit an offense as a means for the commission of another offense. It is said that the offense is committed as a necessary means to commit the other offense. “Necessary” should not be understood as indispensable, otherwise, it shall be considered absorbed and not giving rise to a complex crime. A composite crime is one in which substance is made up of more than one crime, but which in the eyes of the law is only a single indivisible offense. This is also known as special complex crime. Examples are robbery with homicide,
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The Supreme Court has extended this class of complex crime to those cases when the offender performed not a single act but a series of acts as long as it is the product of a single criminal impulse. “Continuing crime” is the term used in criminal procedure to denote that a certain crime may be prosecuted and tried not only before the court of the place where it was originally committed or began. the accused were convicts who were members of a certain gang and they conspired to kill the other gang. so the Hajji remonstrated and there was commotion. the assumption is that each act is impelled by a distinct criminal impulse and for ever criminal impulse. some of the Muslims may escape. Because there were several victims killed and some were mortally wounded. At the height of the commotion. The Supreme Court ruled that the accused should be prosecuted only in one information. The definition in Article 48 is not honored because the accused did not perform a single act. The confusion lies in this. there is what is called a continued crime. where the accused took five roosters from one and the same chicken coop. There were a series of acts. it is regarded in law as one. Eleven were killed and several others were wounded. the roosters were owned by different persons. but the decision in the Lawas case is correct. this is referred to as a continuing crime. the accused constabulary soldiers were ordered to march with several muslims from one barrio to another place. however. regardless of a series of acts done. When the robbers entered the compound. they are not really used with the same import. the offender should be penalized only once. It was held that there is only one crime committed – multiple robbery. However performing a series of acts but this is one and the same intent Supreme Court ruled that only one crime is committed under one information. but also before the court of the place where the crime was continued. Not because there were several quarters robbed.Criminal Law 1 Reviewer (Padilla cases and notes combined with Ortega Notes) act formed. So Lawas ordered the men to tie the Muslims by the hand connecting one with the other. only one penalty should be imposed. because a complex crime of multiple homicide was committed by them. The question of whether the constabulary soldiers should be prosecuted for the killing of each under a separate information has reached the Supreme Court. Lawas. although. because the accused acted out of a single criminal impulse only. considering that Criminal Law. although both terms are analogous. While Article 48 speaks of a complex crime where a single act constitutes two or more grave or less grave offenses. These soldiers feared that on the way. Hence. use the standard or condition that it refers not only to the singleness of the act which brought two or more grave and/less grave felonies. The only reason is that the series of acts are impelled by a single criminal impulse. de Leon. the term “continuing crime” is used in criminal procedure when any of the material ingredients of the crime was committed in different places. In People v. Some of the accused killed their victims in one place within the same penitentiary. the ruling is that a complex crime is committed. they were moved by a single criminal intent. In People v. he did not want to be included among those who were tied becase he was a Hajji. CONTINUED AND CONTINUING CRIMES In criminal law. In this case it is not the singleness of the act but the singleness of the impulse that has been considered. When the hands of the Muslims were tied. If confronted with a problem. A “continued crime” is one where the offender performs a series of acts violating one and the same penal provision committed at the same place and about the same time for the same criminal purpose. Garcia. a band of robbers came across a compound where a sugar mill is located. The Supreme Court ruled that all accused should be punished under one information because they acted in conspiracy. The workers of said mill have their quarters within the compound. The term “continuing crimes” as sometimes used in lieu of the term “continued crimes”. There is a complex crime not only when there is a single act but a series of /vvverga Page 106 of 100 . it follows that there is only one criminal impulse and correctly. even those cases when the act is not a single but a series of acts resulting to two or more grave and less grave felonies. The act of one is the act of all. Such situation is also brought under the operation of Article 48. if there is only one criminal impulse which brought about the commission of the crime. it may happen that the offender is impelled only by a single criminal impulse in committing a series of acts that brought about more than one crime. However. Vena V. so no one would run away. There are cases where the Supreme Court held that the crime committed is complex even though the offender performed not a single act but a series of acts. The band of robbers ransacked the different quarters therein. There are in fact cases decided by the Supreme Court where the offender has performed a series of acts but the acts appeared to be impelled by one and the same impulse. it was held that there is only one crime of theft committed. one of them protested. when a series of acts are perpetrated in pursuance of a single criminal impulse. You cannot find an article in the Revised Penal Code with respect to the continued crime or continuing crime. the Supreme Court considered this as a complex crime when the act is the product of one single criminal impulse. The nearest article is Article 48. Conversely. In criminal procedure for purposes of venue. a separate penalty. Lawas ordered his men to fire. and the soldiers mechanically fired. Verga In People v. when there are several acts performed. the accused should be held for the complex crime of multiple homicide with multiple frustrated homicide. not because of Article 48 but because this is a continued crime. In another case. This becomes a complex crime. some killed the others in another place within the same penitentiary.
that there could be only one complex crimeof abduction with rape. Jose. it is prohibited to charge more than one offense in an information. there is multiple rape. although only the first part thereof (compound crime). the Supreme Court through Justice Aquino ruled that there is only one count of forcible abduction with rape committed by the offenders who abducted the two women and abused them several times. so it is clear that in killing of one victim or the killing of another victim. It cannot separate the light felony because it appears that the culpa is crime itself and you cannot split the crime. regardless of the number of rapes committed because all the rapes are but committed out of one and the same lewd design which impelled the offender to abduct the victim. a light felony may result from criminal negligence or imprudence. instead the Supreme Court stated that an additional penalty should be imposed for the light felony. The forcible abduction must be complexed therewith. regardless of the number of rapes committed. another act out of this is done simultaneously. the Supreme Court adopted the dissenting opinion of Justice Aquino in People v. In People v. after which. Although under Article 48. only one complex crime of rape would arise. It was held that each one of the four became liable not only for his own rape but also for those committed by the others. Each of the four offenders was convicted of four rapes. In People v. Apparently. Bojas. Vena V. except when the crimes in one information constitute a complex crime or a special complex crime. one for the complex crime and one for the light felony. Although the killings did not result from one single act. that when several persons abducted a woman and abused her. Jose that the four men who abducted and abused the offended women were held liable for one crime – one count or forcible abudction with rape and distinct charges for rape for the other rapes committed by them. the four took turns in abusing her. if several offenders abducted the woman and abused her. Bulaong. there should only be one complex crime of forcible abduction with rape. However. Each intercourse brings with it the danger of bringing one stranger in the family of the husband. a light felony should not be included in a complex crime. referring to the complex crime proper because this applies or refers only to a deliberate commission of one offense to commit another offense. The offenders are to be convicted of one count of rape and separately charged of the other rapes. in order not to violate this rule. In criminal procedure. The second part of Article 48 does not apply. The three rapes are not necessary to commit the other rapes. They abducted the woman. In the eyes of the law. Therefore. this crime is considered as one and prosecuted under one information. it must be called a complex crime. Supreme Court considered this as complex. the Supreme Court followed the ruling in People v. Pabasa. So while the Supreme Court ruled that the light felony resulting from the same criminal negligence should be complexed with the other felonies because that would be a blatant violation of Article 48. So whenever the Supreme Court concludes that the criminal should be punished only once. Pabasa. two or more grave or less grave felonies resulted. there were four participants here. The reason being that. yet by virtue of this ruling of the Supreme Court. it would be tantamount to splitting the criminal negligence similar to splitting a cause of action which is prohibited in civil cases. each intercourse constitutes one crime. the singleness of the act is not considered a single crime. each committed four crimes of rape. the light felony shall be included in the same information charging the offender with grave and/or less grave felonies resulting from the negligence of reckless imprudence and this runs counter to the provision of Article 48. It is necessary to consider them as complex crimes even if the essence of the crime does not fit the definition of Art 48. It is correct that when the offender acted in conspiracy. Duplicity of offenses. because they acted in conspiracy or under the same criminal impulse. In earlier rulings on abduction with rape.Criminal Law 1 Reviewer (Padilla cases and notes combined with Ortega Notes) acts. there is only one information and prosecution only. This was only a dissenting opinion of Justice Aquino. This would mean two penalties to be imposed. Article 48 also applies in cases when out of a single act of negligence or imprudence. together with other grave or less grave felonies resulting therefrom and the Supreme Court held that all felonies resulting from criminal negligence should be made subject of one information only. The abuse amounting to rape is complexed with forcible abduction because the abduction was already consummated when the victim was raped. because there is no other provision in the RPC. In adultery. it is necessary to embody these crimes under one single information. One of the four rapes committed by one of them was complexed with the crime of abduction. Verga In People v. Applying the concept of the “continued crime”. But the multiple rapes should be considered only as one because they are in the nature of a continued crime. In People v. Note: This is a dangerous view because the abductors will commit as much rape as they can. the following cases have been treated as constituting one crime only: /vvverga Page 107 of 100 . after all. Otherwise. The rapes committed were in the nature of a continued crime characterized by the same lewd design which is an essential element in the crime of forcible abduction. the offenders did not only kill one person but killed different persons. Although in this case. The other three rapes are distinct counts of rape. separate complaints/information.
the Supreme Court declined to apply the concept in the following cases: (1) US vs. Subsequently. amnesty. Justice Garchitorena. crime politically motivated Issue: W/N the civil aspect is extinguished too on account of amnesty. one which was committed during the period from January 19 to December. The concept of delito continuado has been applied to crimes under special laws since in Article 10. ARTICLE 91 (PRESCRIPTION) Period of prescription shall run from the day on which the crime is discovered by the offended party. for the purpose of depriving a person of a legal civil right to which he was entitled. The dismissal of the criminal action does not extinguish the civil responsibility. The theft of six roosters belonging to two different owners from the same coop and at the same period of time (People v. The Supreme Court directed the prosecution to consolidate the cases into one offense because (1) they were in violation of the same law – Executive Order No. Here. 1955 and the other from January 1956 to July 1956 (People v. 324. at the same time and place. or their agents and shall be interrupted by the filling of the complaint or information and shall commence to run again when such proceedings terminate without the accused being convicted or acquitted. Several malversations committed in May. 67 Phil. the oath. the Revised Penal Code shall be supplementary to special laws. 320). Seventy-five estafa cases committed by the conversion by the agents of collections from the customers of the employer made on different dates. June and July 1936 and falsifications to conceal said offenses committed in August and October. the accused was charged with performing a single act – that of approving the legalization of aliens not qualified under the law. The prosecution manifested that they would only file one information. Sabbun. Many courts have abandoned the separate larceny doctrine. 13 Phil 306). The malversations and falsifications were not the result of one resolution to embezzle and falsify (People v. Tumlos. 1936. and all acts of collection were made under the same criminal impulse. the case will be dismissed. decided on December 2. PEOPLE vs. (2) (3) In the theft cases. 1993). Jaranillo). Dichupa. and (3) they were done in the same day. The authorities. Decision: No. 66 Phil. Dismissal of the case will not be without prejudice to the right of the widow to enforce the civil liability of the accused. The accused must first show compliance with the requirements for availing himself of the benefits like taking the required oath. CIV. Said acts were committed on two different occasions. Vena V. 351). The illegal charging of fees for service rendered by a lawyer every time he collects veteran’s benefits on behalf of a client who agreed that attorney’s fees shall be paid out of such benefits (People v. Also abandoned is the doctrine that the government has the discretion to prosecute the accused for one offense or for as many distinct offenses as there are victims (Santiago v. 32 amended informations were filed. Prescription shall not run when offender is not in the Philippines. that is taking of several things. Upon filing in the court. The collections of legal fees were impelled by the same motive. whether belonging to the same or different owners. unless the latter provides the contrary.Criminal Law 1 Reviewer (Padilla cases and notes combined with Ortega Notes) (1) The theft of 13 cows belonging to two different persons committed by the accused at the same place and period of time (People v. Issue: Should the case be dismissed and accused acquitted since the crime was politically motivated. The idea of amnesty wipes out the crime cannot not be carried to the extent of saying. Two Estafa cases. that of collecting fees for services rendered. MADLANGBAYAN Keyword: spy. constitutes one larceny only.. under which there was distinct larceny as to the property of each victim. (2) (3) EXTINCTION OF CRIMINAL LIABILITY • • • • • • Death of the convict as to the personal penalties before final judgment By service of the sentence By amnesty which completely extinguishes the penalty and all its effects BY prescription of the crime By prescription of the penalty By the marriage of the offended party (rape) On the other hand. Verga the government. that the criminal act never existed. Decision: No. (2) caused injury to one party only – /vvverga Page 108 of 100 . 10 SCAR 156). registration of public document Issue: W/N the act charged has already prescribed. SANDIGANBAYAN Keyword: Torrens. the trend is to follow the single larceny doctrine.
from attaching. in accordance with the judgment entered in the aforesaid cause for estafa. falsification of public documents. victim cannot collect from the driver. If granted after conviction.Criminal Law 1 Reviewer (Padilla cases and notes combined with Ortega Notes) Decision: Yes. The subsidiary liability of the master only takes place when the servant. The employer was also no in the automobile when the accident happened and when it exercised due diligence in choosing a driver. MONSANTO vs. the prescriptive period would lapse on 1986 or 5 months before the filing of the complaint. The criminal action has been extinguished by prescription. The title. Issue: W/N the jewels can be recovered. they may repatriate for the injury or indemnify the owner. The date of computing the period of prescription would be from the date of the filing of the application. The /vvverga Page 109 of 100 . RUIZ Keyword: Defraud. 91 cannot be construed in such manner as to admit application of the rule on construction. The very essence of pardon is forgiveness and remission of guilt. Although caution should be observed in applying the rule of construction in civil cases. Among the civil responsibilities incurred by a person committing estafa is that of restoring the thing taken. PEOPLE vs. Every person criminally liable for a crime or misdemeanor is also civilly liable. thus. it prevents any penalties and disabilities. The application of the rule on constructive notice in the construction of Article 92 of the RPC would most certainly be favorable to the accused since the prescriptive period of the crime shall have to be reckoned with earlier. Issue: Can the employer be held liable. Where it admitted that the employer did not know that his chauffer was using the car that day and the he exercised due diligence in hiring the chauffer. once registered is a notice to the world. the employer cannot be civilly liable. VARELA vs. it does no erase the crime and the conviction thereof. If restitution is impossible. jewels Issue: W/N the owner of the jewels direct four pawnshops to restore the jewels without indemnity on the party of the petitioner. the employer can not be held liable. FACTORAN Keywords: Estafa. CASTILLO Keyword: Chauffer. subordinate or employee commits a punishable criminal act while in the actual performance of his own ordinary duties and he was innocent thereby rendering incapable of satisfying by himself his own liability. Pardon if granted before conviction. Pardon implies guilt. Issue: W/N the driver’s employer can be civilly liable. REYES Keyword: prescription of crime. filling in the register of deeds Issue: W/N the crime prescribed Decision: Yes. VALDEZ Vena V. the pardoning power cannot be restricted or controlled by the legislative action. Decision: No. The criminal offense of falsification of public document has already prescribed. the court will not hesitate to do so if the factual and legal circumstance so warrant. All persons must take notice. the employer is not engaged in business or industry and merely uses automobile for private ends. Considering the lapse of more than 20 years. Decision: No. registration being a constructive notice to the whole word. Decision: No. Decision: Yes. REYES vs. Absolute pardon dies not blot out the crime committed. The jewels were pawned without the knowledge of the owner thus must be restored by the pawnshop owners. the crimes charges already prescribed. FULL and ABSOLUTE FREEDOM: Subject to the limitations imposed by the constitution. Decision: Yes. Even if the ten year period commenced to run from the registration and issuance of the free patent title by the register of deed. ARTICLE 100 Every person criminally liable for a felony in also civilly liable. MC the employer did not know his car was used. MARQUEZ vs. Verga Keyword: 2 vehicles collided in intersection. pawned instead of selling them. The owner has an absolute right to the jewels from the possession of whoever holds them. The date of the violation of the law becomes the operative date for the commencement of the period of prescription. Issue: Does Art. STEIMETZ vs. FINNICK Keyword: Estafa of jewels. consequent upon condition. This is the reason why the employee is not entitled to backpay when pardoned. it removes penalties and disabilities and restores him to all his civil rights. victim died.
unless it be satisfactorily shown that the property was stolen by some other person. It should be stressed that the extinction of civil liability follows the extinction of Vena V. depending an the source of obligation upon which the same is based as explained above. an action for recovery therefore may be pursued but only by way of filing a separate civil action and subject to Section 1. Another person aided in procuring registration certificate. The case of People v. Finally. he can not lawfully withhold the possession thereof from the true owner and insist upon reimbursement. In such case. 4. he must be presumed to be the author of the theft and not merely an accessory. before delivery. PEOPLE vs. Said liability is extinguished. The said principle does not apply in instant case wherein the civil liability springs neither solely nor originally from the crime itself but from a civil contract of purchase and sale. Although stolen property is acquired in good faith by a third party. Decision: Yes. SC dismissed the criminal aspect Issue: Does death of the accused pending appeal of his conviction extinguish his civil liability.Criminal Law 1 Reviewer (Padilla cases and notes combined with Ortega Notes) US vs. conformably with provisions of the Civil Code. Where the civil liability survives. His participation as an accessory cannot be admitted. ipso facto extinguishes the former. a few days prior to their recovery. Verga the criminal liability under Article 89. 3. as explained in Number 2 above. 2. this issue was settled in the affirmative. 1. Thus. that death supervenes before final judgment. the claim for civil liability survives notwithstanding the death of accused. Issue: W/N that person is mere accessory to the theft or principal. however. The law is plain. that should thereby avoid any apprehension on a possible privation of right by prescription. Rule 111 of the 1985 Rules on Criminal Procedure as amended. Corollarily. altered the brands on the animals. This separate civil action may be enforced either against the executor/administrator or the estate of the accused. He is principal to the crime. VILLALOBOS Keyword: Theft of carabao. where the civil liability does not exist independently of the criminal responsibility. of course. provided. the statute of limitations on the civil liability is deemed interrupted during the pendency of the criminal case. BAYOTAS Keyword: Rape. With reference to Castillo's criminal liability. A number of stolen carabao were found in the possession of a person who kept them hidden for a time and. Such liability is extinguished only when the death of the offender occurs before final judgment. in cases where -during the prosecution of the criminal action and prior to its extinction. Castillo. /vvverga Page 110 of 100 . Statutory construction is unnecessary. only when the civil liability arises from the criminal act as its only basis. poses a problem. the extinction of the latter by death. them is no question. if the same may also be predicated on a source of obligation other than delict. Decision: Yes. the private offended party need not fear a forfeiture of his right to file this separate civil action by prescription. The civil liability. Stated differently. the privateoffended party instituted together therewith the civil action. Death of the accused pending appeal of his conviction extinguishes his criminal liability as well as the civil liability based solely thereon.
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