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Void for Vagueness Doctrine states that "a statute which either forbids or requires the doing of an
act in terms so vague that men of common intelligence must necessarily guess at its meaning and
differ as to its application, violates the first essential of due process of law" (Estrada vs
Sandiganbayan, 369 SCRA 394)
Doctrine of Pro Reo states that whenever a penal law is to be construed or applied and the
law admits of two interpretations, one lenient to the offender and one strict to the offender, that
interpretation which is lenient or favorable to the offender will be adopted.
The "equipoise doctrine" is the rule which states that when the evidence of the
prosecution and the defense are so evenly balanced the appreciation of such evidence calls for
the tilting of the scales in favor of the accused.Thus, the evidence for the prosecution must be
heavier to overcome the presumption of innocence of the accused.The constitutional basis of the
rule is the Bill of Rights which finds expression in Sec. 1, par. (a) , Rule 115 of the 1985 Rules
on Criminal Procedure as amended
5. CHARACTERISTICS OF CRIMINAL LAW.
a. General - Criminal Law is binding on all persons who live or sojourn in the
Philippine territory
b. Territorial - Penal Laws of the Philippines are enforceable only within its territory
c. Prospective - Crimes are under the laws in force at the time of their commission
In culpable felonies, the act or omission of the offender is not malicious. There is an unintended
injury caused by the offender while he performed another act without malice due to his
negligence, imprudence, lack of foresight or skill.
In both instances of felonies, it is required that the offender is acting with intelligence and
freedom. However, in felonies by means of dolo, the third requisite is intention to commit the act
whereas in culpable felonies, the third requisite is negligence, imprudence, lack of foresight or
lack of skill.
10. MISTAKE OF FACT AS A DEFENSE
It is an omission or commission performed by the individual which is the result of a
misconception or misapprehension of events or facts before him which in law is considered
voluntary. The accused performed acts or omissions which would be lawful, had it been true as
he perceived them to be. To be an absolutory cause, the mistake of facts as committed must
originate from legitimate sentiment or intention. The further requirement in order to escape
criminal responsibility, must be, that the mistake of facts was done without negligence. The good
faith of the offender maybe derived from the sequence of events, before, during and after the
alleged mistake of facts. If at anytime there is a showing that the actor was at fault for not
exercising ordinary prudence, then he will be liable criminally, not however for dolo, but for
culpa.
11. DISTINCTION BETWEEN CRIMES MALA IN SE AND CRIMES MALA
PROHIBITA:
1. As to moral trait of the offender
In crimes mala in se, the moral trait of the offender is considered, whereas in crimes mala
prohibita, the moral trait is not considered; it is enough that the prohibited act was voluntarily
done.
2. As to use of good faith as defense
In crimes mala in se, good faith or lack of criminal intent is a valid defense; unless the crime is
result of culpa. In crimes mala prohibita , good faith is not a defense.
3. As to degree of accomplishment of the crime
In crimes mala in se,the degree of accomplishment of the crime is taken into account in
punishing the offender ,whereas in crimes mala prohibita,the act gives rise to a crime only when
it is consumnated.
4. As to mitigating and aggravating circumstances
In crimes mala in se, mitigating and aggravating circumstances are taken into account in
imposing penalty since the moral trait of the offender is considered.
In crimes mala prohibita, mitigating and aggravating circumstances are not taken into account of
imposing penalty.
5. As to degree of participation
In crimes mala in se, when there is more than one offender, the degree of participation of each in
the commission of the crime is taken into account in imposing penalty; thus, offenders are
classified as principal, accomplice and accessory.
In crimes mala prohibita, the degree of participation of the offenders is not considered. There is
no principal or accomplice or accessory to consider.
6. As to nature
In crimes mala in se, refers generally to felonies defined and penalized by Revised Penal code.
In crimes mala prohibita, refers generally to acts made criminal by special laws.
7. In crimes mala in se, criminal intent is necessary whereas in crimes mala prohibita, criminal
intent is not necessary.
12. CONCEPT OF CONSPIRACY AND PARTICULAR RULES IN CONSPIRACY
PARTICULARLY IMPLIED CONSPIRACY
Art. 8 Conspiracy and proposal to commit felony.Conspiracy and proposal to commit felony
are punishable only in the cases in which the law specially provides a penalty therefore.
A conspiracy exist s when two or more persons come to an agreement concerning the
commission of a felony and decide to commit. To establish conspiracy, direct evidence is not
required. It is not even essential that there be proof of the agreement to commit the felony. It is
fundamental for conspiracy that there must be unity and purpose and unity in the execution of the
unlawful objective.
Direct proof is not essential to establish conspiracy. Since by its nature, conspiracy is planned in
utmost secrecy it can be proved by direct evidence. Consequently, the presence of the
concurrence of minds which involved in conspiracy, may be inferred from proof of facts and
circumstances which, taken together apparently indicate that they merely parts of some complete
whole. If it is prove that there or more persons aimed by their acts towards the accomplishment
of the same unlawful object, each doing a part so that their acts, though apparently independent,
were in fact connected and cooperative, indicating a closeness of personal association and a
concurrence of sentiment, a conspiracy may be inferred though no actual meeting among them to
concert means is proved. That would be termed an implied conspiracy.
13. PROXIMATE CAUSE.
That cause, which, in natural and continuous sequence, unbroken by any efficient intervening
cause, produce the injury, and without which the result would not have occurred.
14. MOTIVE AND INTENT AND WHEN MOTIVE IS ESSENTIAL
Intent- Determination to do a certain thing, an aim or purpose of the mind.
o It is design to resolve or determination by which a person acts.
o It refers to the use of a particular means to achieve the desired result.
Motive - It is the moving power which impels one to do an act for definite result. (ex.
vengeance).
o It is essential only when the identity of the perpetrator is in drought.
15. ATTEMPTED/ FRUSTRATED. CONSUMMATED FELONY (FOCUS ON THE
CASES)
16. LIGHT/ LESS GRAVE/ GRAVE FELONIES INCLUDING PENALTIES
Article 7. When light felonies are punishable.
General Rule: Light felonies are punishable only when they have been consummated.
only
LIGHT FELONIES - are those infractions of law for the commission of which the
penalty of
arresto menor or a fine not exceeding 200 pesos or both, is provided.
Examples: slight physical injuries(art. 266), theft(art. 309 pars. 7 and 8), alteration of
boundary
marks(art. 313), malicious mischief(art. 328 par. 3; art. 329 par. 3), intriguing
against honor(art.
364)
NOTE: Only principals and accomplices are liable; accessories are NOT liable even if committed
against persons or property.
GRAVE FELONIES - those to which attaches the capital punishment or penalties which
in any of their periods are afflictive (6 years and 1 day to reclusion perpetua) in
accordance with article 25 of the code; or fine of more than P6,000.00. They are either 1.
Heinous- the penalty is reclusion temporal to reclusion perpetua or 2. Non heinous.
The afflictive penalties in accordance with article 25 of the code are:
Reclusion perpetua
Reclusion temporal Perpetual or temporary absolute disqualification
Perpetual or temporary special disqualification
Prision mayor
Less Grave Felonies - those to which the law punishes with penalties which in their
maximum
period was correccional (1 month and 1 day to 6 years) in accordance with article
25 of the
code; or fine of P200.00 but not more than P6,000.00.
The following are correctional penalties;
Prision correctional
Aresto mayor
Destierro
17. CONCEPT OF IMPOSSIBLE CRIME/ ELEMENTS OF IMPOSSIBLE CRIMES.
CAN THERE BE A FRUSTRATED IMPOSSIBLE CRIME? IS IT REALLY A CRIME?
An impossible crime, under the provisions of Article 4 Paragraph 2, is an act which would be an
offense against person for property were it not for the inherent impossibility of its
accomplishment or on account of the employment of inadequate or ineffectual means. (Optional
ito)
2) The act complained of is actually wrongful, but the actor acted without voluntariness. He
is a mere tool or instrument of the crime;
3) Since the act complained of is actually wrongful, there is a crime. But because the actor
acted without voluntariness, there is absence of dolo or culpa.There is no criminal;
4) Since there is a crime committed but there is no criminal , there is a civil liability for the
wrong done . But there is no criminal liability.However, in paragraph 4 and 7 of Art. 12,
there is neither criminal nor civil liability.
26. DISTINCTION OF IRRESISTIBLE FORCE AND UNCONTROLLABLE FEAR.
Irresistible force must operate directly upon the person of the accused and the injury feared may
be a lesser degree than the damage caused by the accused.
As in uncontrollable fear, it may be generated by a threatened act directly to a third person such
as the wife of the accused, but the evil feared must be greater or at least equal to the damage
caused to avoid it.
In irresistible force the offender uses physical force or violence to compel another person to
commit a crime.
While in uncontrollable fear the offender employs intimidation or threat in compelling another to
commit a crime.
(1) Art. 6 (3). The spontaneous desistance of the person who commenced the commission of a
felony before he could perform all the acts of execution.
(2) Art.7. Light felonies are punishable only when they have been consummated, with the
exception of those committed against persons or property.
(3). Article 16. Who are criminally liable. The following are criminally liable for grave and less
grave felonies: 1. Principals; 2. Accomplices; 3. Accessories
The following are criminally liable for light felonies: 1. Principals; 2. Accomplices
(4). Art.20. The penalties prescribed for accessories shall not be imposed upon those who are
such with respect to their spouses, ascendants, descendants, legitimate, natural and adopted
brothers and sisters, or relatives by affinity within the same degerees, with the single exception
of accessories falling within the provisions of paragraph 1 of the next preceding article.
Article 19 (1)- By profiting themselves or assisting the offenders to profit the effects of the
crime
(5). Art.247. Death or physical injuries inflicted under exceptional circumstances.- Any legally
married person who, having surprised his spouse in the act of committing sexual intercourse with
another person, shall kill any of them or both of them in the act or immediately thereafter, or
shall inflict upon them any serious physical injury, shall suffer the penalty of destierro.
If he shall inflict upon them physical injuries of any other kind, he shall be exempt from
punishment.
These rules shall be applicable, under the same circumstances, to parents, with
respect to
their daughters under eighteen years of age, and their seducer, while the daughters
are living
with their parents.
Any person who shall promote or facilitate the prostitution of his wife or
daughter, or shall otherwise have consented to the infidelity of the other spouse shall not be
entitled to the benefits of this article.
(6). Art. 280. Qualified trespass to dwelling. (Paragraph 3). The provisions of this article
shall not be applicable to any person who shall enter another's dwelling for the purpose of
preventing some serious harm to himself, the occupants of the dwelling, or a third person, nor
shall it be applicable to any person who shall enter a dwelling for the purpose of rendering some
service to humanity or justice, nor to anyone who shall enter cafes, taverns, inns, and other
public houses, while the same are open.
(7). Art. 332. Persons exempt from criminal liability.- No criminal, but only civil liability
shall result from the commission of the crime of theft, swindling, or malicious mischief
committed or caused mutually by the following persons:
1. Spouses, ascendants and descendants, or relatives by affinity in the same
line;
2. the widowed spouse with respect to the property which belonged to the
deceased spouse before the same shall have passed into the possession of
another; and
3. Brothers and sisters and brothers-in-law and sisters-in-law, if living
together.
The exemption established by this article shall not be applicable to strangers
participating in the commission of the crime.
(8). Art. 344. Prosecution of the crimes of adultery, concubinage, seduction, abduction,
rape and of lasciviousness. (Paragraph 4). In cases of seduction, abduction, acts of
lasciviousness, and rape, the marriage of the offender with the offended party shall extinguish the
criminal action to remit the penalty already imposed upon him. The provisions of this paragraph
shall also be applicable to the co-principals, accomplices, and accessories after the fact of the
above- mentioned crimes.
(9). Art. 124. Arbitrary detention. (last paragraph). The commission of a crime, or violent
insanity or any other ailment requiring the compulsary confinement of the patient in a hospital,
shall be considered legal grounds for the detention of any person. ***Note: This is not included
in the list of Atty. Calderon in the syllabus but included in Reyes.
29. DEATH OR INJURIES UNDER EXCEPTIONAL CIRCUMSTANCES
Art 247, RPC
Death or physical injuries inflicted under exceptional circumstances. Any legally married
person who having surprised his spouse in the act of committing sexual intercourse with another
person, shall kill any of them or both of them in the act or immediately thereafter, or shall inflict
upon them any serious physical injury, shall suffer the penalty of destierro.
If he shall inflict upon them physical injuries of any other kind, he shall be exempt from
punishment.
These rules shall be applicable, under the same circumstances, to parents with respect to their
daughters under eighteen years of age, and their seducer, while the daughters are living with their
parents.
Any person who shall promote or facilitate the prostitution of his wife or daughter, or shall
otherwise have consented to the infidelity of the other spouse shall not be entitled to the benefits
of this article.
30. WHAT IS A PRIVELEGED MITIGATING CIRCUMSTANCE? DISTINGUISH A
PRIVILEGED MITIGATING CIRCUMSTANCE FROM AN ORDINARY MITIGATING
CIRCUMSTANCE AS TO REDUCTION OF PENALTY AND OFFSETTING AGAINST
AGGRAVATING CIRCUMSTANCE/S.
Ordinary (generic) mitigating circumstance. The attendance of a generic mitigating
circumstance, unless offset by an aggravating circumstance, will lower the imposable penalty
only to its minimum. It should be borne in mind that the presence of 2 or more generic mitigating
circumstances, provided there is no aggravating circumstance, will lower the imposable penalty
by one degree, pursuant to Rule 5 of Art. 64 of the RPC. 2. Privileged mitigating circumstance.
The presence of a privileged mitigating circumstance will lower the imposable penalty by one or
2 degrees. The privileged mitigating circumstance cannot be offset by the presence of an
aggravating circumstance.
31. ELEMENTS OF THE MITIGATING CIRCUMSTANCE OF PHYSICAL DEFECT
(a) That the physical defect of the offender restricts his means of action, defense, or
communication with fellow beings. Such physical defects extend to cover armless,
cripple, or stutterer people.
(b) that with their physical defect, the offenders do not have complete freedom of action;
(c) That such incomplete freedom is a diminution of the element of voluntariness.
*The physical defect must have a relation to the commission of the crime
years who do not act with discernment are also exempted from any criminal liability. However,
they shall be subject to intervention programs which shall rehabilitate and suppress their criminal
tendencies.
Those minors above fifteen years of age and below eighteen years who acted with discernment in
the commission of the crime shall be subject to diversion programs. They shall not be designated
the name criminals or the accused but rather children in conflict with the law. The confidentiality
of their identities shall likewise be upheld.
b) When robbery is committed by the use of force upon things. (dwelling is not aggravating
because it is inherent)
c) In the crime trespass to dwelling, it is inherent or included by law in defining the crime.
The crime can only be committed in the dwelling of another.
d) When the owner of the dwelling gave sufficient and immediate provocation.
e) When the dwelling where the crime was committed did not belong to the offended party.
f) When the rape was committed in the ground floor of a two-story structure, the lower floor
being used as a video rental store and not as a private place for abode or residence.
44. DISTINCTION BETWEEN IGNOMINY AND CRUELTY
Ignominy is a circumstance pertaining to the moral order which adds disgrace and obloquy to
the material injury caused by the crime.
Cruelty- there is cruelty when the culprit enjoys and delight in making his victim suffer slowly
and gradually, causing unnecessary physical pain in the consummation of the criminal act.
45. ELEMENTS OF TREACHERY AND EVIDENT PREMEDITATION
Treachery:
1) That at the time of the attack, the victim was not in a position to defend himself.
2) That the offender consciously adopted the particular means method or form of attack
employed by him.
Evident Premeditation:
1) The time when the accused decided to commit the crime.
2) An act manifestly indicating that the accused had clung to his determination.
3) A sufficient lapse of time between such determination and execution to allow him to
reflect upon the consequences of his act.
46. ALTERNATIVE CIRCUMSTANCE OF RELATIONSHIP
Under Article 15 paragraph 2 of Revised Penal Code states that alternative circumstance of
relationship shall be taken into consideration when the offended party in the spouse, ascendant,
descendant, legitimate, natural, or adopted brother or sister, or relative by affinity in the same
degrees of the offender.
47. DEFINE AN ACCOMPLICE. DISTINGUISH AN ACCOMPLICE FROM A
CONSPIRATOR AS TO THEIR KNOWLEDGE OF THE CRIMINAL DESIGN OF THE
PRINCIPAL, THEIR PARTICIPATION, THE PENALTY TO BE IMPOSED IN
RELATION TO THE PENALTY FOR THE PRINCIPAL, AND THE
REQUISITES/ELEMENTS TO BE ESTABLISHED BY THE PROSECUTION IN
ORDER TO HOLD THEM CRIMINALLY RESPONSIBLE FOR THEIR RESPECTIVE
ROLES IN THE COMMISSION OF THE CRIME.
Accomplices are persons who, although they do not take direct part in the execution of
the act, or directly forced or induced others to commit it, or cooperate in the commission
of the offense by another act without which it would not have been accomplished; they
still cooperate in the execution of the offense by previous or simultaneous acts.
An accomplice is distinguished from a conspirator as to their knowledge of the criminal
design of the principal in such a way that although they both know and agree with the
criminal design, accomplices on one hand come to know about it after the principals have
reached their decision and only then do they agree to cooperate on its execution.
Conspirators on the other hand know the criminal intention because they themselves have
decided upon such course of action.
On a different note, Conspirators are punished with a penalty equal to that of the principal
with a general rule that their responsibility includes acts of this fellow conspirator while
accomplices are afforded lighter penalty
In order for a person to be considered as an accomplice to a crime, the following
requisites must be present:
o That the person has knowledge of the criminal design of the principal and concurs
with him or his purpose
o That the person cooperates in the execution of the offense by previous or
simultaneous acts with the intention of supplying material or moral aid in the
execution of the crime in an efficacious way, and
o That there be relation between acts done by the principal and those attributed to
the person charged as accomplice
A person is deemed to be a conspirator when it is established that he performed an overt
act in furtherance of the conspiracy either by actively participating in the actual
commission of the crime or by lending moral assistance to his co-conspirators by being
present at the scene of the crime or by exerting moral ascendency over the rest of the
conspirators as to move them to executing the conspiracy.
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1D/2014
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