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Requisites of a felony: Freedom, Intelligence, Intent

Mala in se acts wrongful in their nature, RPC
Mala prohibita acts made criminal by statutes
(under special laws)

Art. 4(1) Criminal liability shall be incurred by any
person committing an offense although the wrongful act done
be different from that which he intended.
- Wrongful act done must be the proximate cause of
the injury
(Proximate cause that cause which, in its natural
and continuous sequence, unbroken by any efficient
intervening cause, produces the injury and without
which the result would not have occurred)

(Efficient intervening cause a distinct act totally
foreign to the injury inflicted by the felonious act
and breaks the chain of connection between the
felony committed and resulting injury)

(Supervening fact an act which changes the nature
of an offense)

Mistake of Fact an absolutory cause. Had the facts
been true to the belief of the offender, the act he did
can be justified and will negate criminal liability
pursuant to the maxim ignorantia facti excusat
(ignorance of fact excuses)
Error in personae (mistake in identity) situation
which involves only 1 offended party, who is
unintended, and the offender committed a mistake
in ascertaining the identity of the victim
- If intended and actual crime are of different
gravity, lower penalty between intended and
actual felony shall be imposed.
Abberatio Ictus (mistake in the blow) offender
intends injury on one person but the harm fell on
another. 3 parties involved: offender, actual victim,
intended victim. May result in a complex crime.
Praeter intentionem injury is inflicted on intended
victim but the resulting consequence is graver than
intended. (Art. 13(3))

Art. 5 Nulla crimen nulla poena sine lege there is
no crime when there is no law punishing it.

Art. 6 Stages of a felony. A felony is consummated
when all the acts necessary for its execution and
accomplishment are present,

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

There is an attempt when the offender commences
the commission of a felony directly by overt acts, 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.

**crimes which have no frustrated stage: rape,
arson, corruption of public officers

Art. 8 Conspiracy exists when two or more persons
come to an agreement concerning the commission of a felony
and decide to commit it.
(conspiracy by prior agreement conspirator is
liable as long as he appeared in the commission of
the crime unless he is a principal
- His liability is only on the crime agreed upon
except when: 1 other crimes are committed in
his presence but he did not prevent the
commission of the offense, 2 other crime is the
natural consequence of crime planned, and 3
resulting crime is a special complex crime
considered as a single indivisible felony)

(Implied conspiracy occurs when conspiracy is
hatched at the moment of the commission of the
crime.
- Participation is essential. Mere passive
presence, without more, does not make him
liable. )

Art. 11 Justifying circumstances , no crime, no
criminal, no criminal liability [SRS EDO]
1. Self-defense : unlawful aggression, reasonable
necessity of the means employed, lack of sufficient
provocation
- Includes defense of life, chastity, property and
honor
- In defense of property, killing is not justified. If
there is a aggression on property, defense is
proper but not to the extent of killing the
aggressor. Otherwise, the means used to
prevent the aggression will be unreasonable.
PP v Narvaez, 1983
2. Defense of relative (spouse, ascendants,
descendants, legitimate/natural/adopted siblings or
relatives by affinity in the same degree, relatives by
consanguinity within the fourth civil degree):
unlawful aggression, reasonable necessity, one
making defense had no provocation therein
3. Defense of stranger not induced by revenge,
resentment or other evil motive
4. Avoid an evil or injury/state of necessity: evil sought
be avoided actually exists, injury feared be greater
than that done to avoid it, no other practical and less
harmful means to prevent it.
5. Fulfillment of a duty or lawful exercise of a right
6. Acts in obedience to an order issued by a superior
for some lawful purpose

Art. 12 Exempting circumstances one of the
elements of a felony is lacking
- there is a crime, there is criminal and civil
liability BUT exempt from offender is exempt
from civil liability
1. imbecile or insane person
2. minority
3. performing a lawful act with due care
4. under compulsion of irresistible force
5. under the impulse of an uncontrollable fear of an
equal or greater injury
6. failure to perform an act required by law when
prevented by some lawful or insuperable cause

Art. 13 Mitigating circumstances [IMP-SIP-VoDI-O
- OMC lowers penalty to minimum period
- PMC lowers penalty one or more degrees
- SMC applies to specific circumstances only

- Existence of SAC and PMC lowers the penalty
to a minimum period of the maximum penalty

2
1. Incomplete justifying or exempting
2. Minority/ senility
3. praeter intentionem (no intention to commit so
grave a wrong)
-Sec. 4 RA 8049 Anti Hazing Law if a person
subjected to hazing suffered physical injury or dies
as a result thereof, the officers and members of the
frat, soro or organization who actually participated
shall be liable as principals and shall NOT be entitled
to the mitigating circumstance of Praeter
Intentionem.
4. sufficient provocation of offended party
5. immediate vindication of a grave offense
6. passion or obfuscation
7. voluntary surrender or voluntary plea of guilty in
open court
8. deaf and dumb or blind
9. illness
10. other analogous circumstances

ABSOLUTORY CAUSES
- act committed is a crime but, by reason of
public policy, no penalty is imposed.
- Art. 20 accessories exempt of criminal liability
- Art. 247 legally married person who was
surprised to see his spouse committing sexual
intercourse with another shall kill or injure any
or both
- Art. 280 trespass to prevent serious harm on
ones self
- Art. 332 persons exempt from criminal liability
in theft, swindling, and malicious mischief

Art. 14 Aggravating Circumstances [PAAAC-NC-
ARRP-I-ECSA-I-UWAW]
- Special AC: disregard of rank and age, superior
strength, treachery, under dangerous drugs
- RA 1866 as amended by RA 8294 and 100911
use of unlicensed (loose) firearm is
aggravating in murder, homicide, parricide,
robbery with homicide PP v Bolingin
- Specific AC: grave threats in writing for the
purpose of extorting money,
slavery for the purpose of assigning the woman
to trafficking or immoral conduct,
direct assault when committed with a weapon,
or offender is a public officer or employee, or
when committed by laying of hands
- Conspiracy is not an aggravating circumstance,
either a crime itself or a manner of incurring
criminal liability
1. Taking advantage of public position
2. In contempt of or with insult to public authorities
3. Disregard of Age, sex, rank, dwelling (robbery with
force upon things dwelling is NOT aggravating.
Robbery with violence against or intimidation of
persons dwelling is aggravating)
4. Abuse of confidence (inherent in malversation,
qualified theft, estafa by conversion or
misappropriation, qualified seduction)
5. Committed in the palace of Chief Exec or in his
presence, or where public authorities are engaged in
the discharge of their duties or in a place dedicated
to religious worship
6. Nighttime, uninhabited place, band
BAND AID OF ARMED MEN
At least 4 armed men
acting together in the
No required number
commission
All principals by direct
participation
Mere accomplices
Absorb in band


BAND [art 14(6)] ORGANISED CRIME[art
62]
At least 4 At least 2
No particular purpose For purposes of gain in any
crime
7. On occasion of conflagration, shipwreck, earthquake,
epidemic or other calamity
8. Aid of armed men
9. Recidivist
RECIDIVISM REITERACION
Previous conviction by
final judgment
Previous service of
sentence
Offenses under same
title
Not required
Felonies Felonies or offenses in
special laws
No requirement as to
penalty
First offense was
punished with equal or
greater penalty

RECIDIVISM HABITUAL DELIQUENCY
Second conviction Third conviction
Under same title FRETSEL (falsification,
robbery, estafa, theft,
serious or less physical
injuries)
Does not prescribe Prescribes if within 10
yrs from date of last
release/conviction
Generic aggravating Special aggravating

*Quasi recidivism special aggravating, cannot be
offset by an OMC, previously convicted by final
judgment and before beginning to serve such or
while serving the same, he committed another
felony
10. Reiteracion
11. Price, reward or promise
12. By means of inundation, fire, poison, explosion,
stranding of vessel, derailment of locomotive , use of
any artifice involving great waste
13. Evident premeditation
-time, act, sufficient lapse of time
-not applicable when unintended victim died as
result of a felony
14. Craft, fraud or disguise
15. Superior strength or means be employed to weaken
defense
16. Alevosia
17. Ignominy
18. Crime after unlawful entry
19. Wall, roof, floor, door, window be broken
20. Aid of persons under 15, use of motor vehicle
21. Wrong done deliberately augmented by some other
wrong not necessary for its commission

Art. 15 Alternative Circumstances
1. Relationship [SADBroSA]
-mitigating : crimes against property
-aggravating: crimes against chastity
2. Intoxication
3
-not a habitual drinker and did not take alcohol for
purpose of committing a crime
3. Degree of Instruction
-low education is mitigating

Art. 17 Principals
- Direct participation
- Inducement
- Indispensable cooperation

Art. 18 Accomplices
- Cooperate by previous or simultaneous acts

Art. 19 Accessories
- With knowledge but without participation
CO-CONSPIRATOR ACCOMPLICE
Part of decision
making
Has been decided
and merely assents
Authors of a crime Mere instruments
1. Profiting or assisting to profit
2. Concealing or destroying the body of crime
3. Harboring, concealing or assisting escape of
principal with abuse of public functions or when
principal is guilty of treason, parricide, murder,
attempt to take life of President, or habitually guilty

Art. 20 Accessories who are exempt
-SADBroSA

JUSTIFYING CIRCUMSTANCE
Battered Woman Syndrome is a Justifying Circumstance
even in the absence of all the requisites of a JC. (Sec. 26,
RA 9262)
Cycle of violence repeated at least twice:
(PP v. Genosa, 2004)
1. Tension-building phase
2. Acute battering incident
3. Tranquil, Loving period

In Justifying circumstances, there is no crime committed.
Thus, no criminal and civil liability. (EXCEPT para 4)

In Exempting Circumstances, the crime was committed
but because of the lack of one or several of elements (FII)
for the commission of a felony, the offender is freed from
any criminal liability. However, there is civil liability.

In an absolutory cause, the offender performed the act
with freedom, intelligence, and intent. But by reason of
public policy, no penalty is imposed.
What will be the effect of the following to the criminal liability
of an offender? (in relation to Art. 4(1)
Aberratio Ictus (mistake in the blow) there must at least
be 3 persons: offender, intended victim, unintended
victim
-results to a complex crime
-aggravates criminal liability (Art. 48)

Praeter Intentionem (the injury caused was greater than
what was intended)
-mitigates liability of offender (Art. 13 no intention to
commit so grave a wrong)

Error in personae (offender merely presumes that the
person he is attacking is the intended victim and he
turned out to be incorrect)
- Art. 49 generally, mitigates