RECAP OF CRIMINAL LAW 1 Elements of criminal liability Art. 3 INDISPENSABLE Physical element (actusreus evil act) a.

Act refers only to external acts b. Omission must be an omission punishable by the RPC Mental element (Mensrea evil mind) a. Deliberate intent (Dolo) i. Elements of dolo 1. Freedom or Voluntariness 2. Intelligence or Knowledge 3. Malicious Intent ii. General and specific intent 1. General intent a requirement for crimes committed by dolus, presumed in any crime 2. Specific intent required in certain crimes to prove for conviction, the essence of thatparticular crime iii. Mistake of fact 1. Act done would ve been lawful had the facts been as the accused believed them to be 2. Intention in performing act should be lawful 3. Mistake must be without fault or carelessness iv. Malumprohibitum exception to the requirement of mensrea v. Distinguished from motive 1. Motive moving power that impels one to action for a definite result, essential inproving the identity of an assailant 2. Intent purpose to use a particular means to effect a result b. Constructive intent (Culpa) Art. 3 and Art. 365 i. Elements 1. Freedom or Voluntariness 2. Intelligence or Knowledge Imprudence or lack of skill/Negligence or lack of foresight c. Transferred intent Art. 4, Par. 1 i. Aberratio ictus mistake of the blow ii. Error in personae mistake in the identity of the victim iii. Praeter intentionem (Art. 13, Par. 3) injurious result greater than intended Concurrence That the actusreus concurs with the mensrea, and viceversa Resulting harm Causation logical consequence of a proximate cause that could be of criminal in nature 3.

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3. 4. 5.

Liability for incomplete elements 1. Impossible crime Art. 4, Par. 2 a. Act performed would be an offense against persons or property b. Act was done with evil intent c. Accomplishment is inherently impossible/Means employed is inadequate or ineffectual d. Would not constitute a violation of another provision Uncompleted crimes a. In general i. Consummated when all the elements necessary for its execution and accomplishment are present ii. 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 iii. Attempted - when the offender commences the commission of a felony directly or over acts, and does not perform all the acts of execution which should produce the felony by reason of some cause or accident other than this own spontaneous desistance

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b. c.

Light felonies punishable only when consummated, with the exception of those committed against person or property. Proposals and conspiracies Art. 8

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Liability for multiple, complex, and continuing crimes Art.9, pars.1 & 2, and Art. 48 1. 2. 3. Multiple crimes separate counts of crime, and in each crime, all the elements are present (i.e.: double homicide) Continuing crimes a single mensreawith multiple acts (i.e.: rebellion) Complex crimes a. Compound crime single actusreusconstitutes two or more grave or less grave felonies b. Complex crime proper one offense is necessary, but not indispensable, to commit, not just to conceal, another c. Special Complex Crime defined by law, doesn t mean it falls under compound or complex crime proper. (i.e.: robbery with homicide) Circumstances affecting criminal liability Justifying circumstances (Art. 11) Act of a person is said to be in accordance with law, that person is deemed not to have transgressed the law and is free from both criminal and civil liability (except par.4) 1. Defense of self, relatives, and strangers 2. Avoidance of greater evil 3. Fulfillment of duty 4. Obedience to a lawful order of a superior Exempting circumstances (Art. 12) There is wanting in the agent of the crime any conditions which make the act voluntary or negligent. 1. Insanity 2. Minority 3. Accident 4. Irresistible force or uncontrollable fear of a greater injury 5. Insuperable cause Other exculpatory causes 1. Instigation (involvement of officers in the crime itself) versus entrapment 2. Consent

Other special circumstances Arts. 6, 20, 247, 332 a. 6(3) attempted b. 20 accessories exempted from criminal liability with regards to relatives c. 247 act of adultery, physical injuries not serious, exempt from punishment, death serious physical injury, mitigated, to daughter under 18, living with parents and seducer (unless consent) d. 332 theft only civil liability when: spouses, ascendants, descendants, affinity same line, widowed spouse deceased spouse, brothers and sisters, affinity same, living together (not applicable to strangers)

Mitigating circumstances (Art. 13) reduce the penalty; diminution, lesser perversity 1. Incomplete justification or exemption 2. Age (under 18 or over 70) 3. Lack of intent to commit so grave a wrong 4. Sufficient provocation 5. Vindication of a wrong 6. Passion or obfuscation Incompatible with treachery and evident premeditation 7. Voluntary surrender or plea of guilt 8. Deafness, muteness, blindness, or other physical defect which restricts the offender s means of action, defense, or communication 9. Illness as would diminish the exercise of will-power without depriving the offender of consciousness of his acts (Feeblemindedness, faculties not yet fully developed, diminish exercise of willpower) 10. Analogous circumstances Aggravating circumstances (Art. 14) - If attendant, serve to increase the penalty without, however, exceeding the maximum of the penalty provided by the law for the offense 1. Place of commission a. Palace of the Chief Executive, etc., or in a place of religious worship where public authorities engaged in discharge of duties b. Uninhabited place c. Dwelling 2. Time of commission a. Nighttime

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4. 5.

b. On the occasion of a calamity Personal circumstances of offender a. Recidivism b. Reiteration or habituality Motivation a. Price, promise, or reward Means of commission a. Taking advantage of public office b. Insult to public authority c. Disregard of rank, age, or sex d. Abuse of confidence (obvious ungratefulness) e. Band; Aid of armed men f. Inundation, fire, etc. g. Evident premeditation h. Craft, fraud, disguise i. Abuse of superior strength j. Treachery k. Ignominy l. Unlawful entry m. Breaking a wall, door, etc. n. With aid of persons under 15, or with motor vehicles, etc. o. Cruelty

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Accomplices - Art. 18 a. community of design knowing the criminal design and concurs with the principal in his purpose b. cooperates in execution by previous or simultaneous acts c. relation between the acts done by the principal and those attributed to the person charged as accomplice Accessories - Art. 19 & 20; P.D. 1612 a. having knowledge of commission of crime b. without having participated as principal or accomplice c. take part subsequent to commission i. profiting themselves or assisting the offender to profit ii. concealing or destroying the body of the crime iii. harboring, concealing or assisting in the escape of the principal of the crime Proponents (Art. 8) Similar to conspirators, but proponents are the ones directing others to commit the crime Penalties

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Alternative circumstances - Art. 15 1. Relationship 2. Intoxication 3. Degree of instruction Persons who incur criminal liability Arts. 8 and 16 1. Conspirators (Art. 8) A conspiracy exists when two or more persons come to an agreement concerning the commission of a felony and decide to commit it. Principals - Art. 17 a. Direct participation personally took part in the commission of the crime b. Inducement i. By force ii. By price, reward or promise c. Indispensable cooperation commits an act, and without this act, the crime would not have been possible

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Principal penalties a. Capital punishment b. Afflictive penalties i. Reclusion perpetua ii. Reclusion temporal iii. Perpetual or temporary absolute disqualification iv. Perpetual or temporary special disqualification v. Prision mayor c. Correctional penalties - Art. 27, 39, 43, & 44 i. Prisioncorreccional ii. Arresto mayor iii. Suspension iv. Destierro d. Light penalties - Art. 27, 39, & 44 i. Arrestomenor ii. Public censure e. Common penalties - Art. 25 i. Fines - Art. 26, 39, 66 ii. Bond to keep the peace - Art. 27, 35 Accessory penalties Art. 40-45 a. Perpetual or temporary absolute disqualification

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Perpetual or temporary special disqualification Suspension from public office, the right to vote and be voted for, the profession or calling d. Civil interdiction e. Indemnification f. Forfeiture or confiscation of the instruments and proceeds of the offense g. Payment of costs Subsidiary penalty Art. 39

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Gradation of felonies - Art. 9 1. Grave felonies are those to which the law attaches the capital punishment or penalties which in any of their periods are afflictive. 2. Less grave felonies are those which the law punishes with penalties which in their maximum period are correctional. 3. Light felonies are those infractions of law for the commission of which a penalty of arrestomenoror a fine not exceeding 200 pesos or both