1. Is a rule of conduct, just, obligatory, and laid by legitimate power for common observance and benefit 22.
22. A law that punishes an act or omission done before the effectivity date of the law.EX POST FACTO
of the public.Law
2. Provides a framework for the creation of law, the protection of human rights and the election of
political representatives?Constitutional law
3. Is a mass of precepts that determines and regulates the relation of assistance, authority, and obedience
between members of a family and those which exist among members of a society for the protection of
private interest?Civil law
4. Is a branch or division of law, which defines crimes, treats of their nature and provides for their
punishments?Criminal law
5. Is that branch or division of law which deals with the rules concerning pleadings, practices, and
procedures in all courts of the Philippines?Remedial law
6. Is a statute enacted by the legislative branch, penal in character, which is not an amendment of the
Revised Penal Code?Special law
7. Spanish Codigo Penal was made applicable and extended to the Philippines by Royal Decree of?
Royal Decree of 1870
8. When the Department of Justice was created a committee of five criminal law experts to prepare a
draft of a Penal Code that will replace the Penal Code of 1870?On 18 October 1927
9. The draft was enacted by the Philippine Legislature on 8 December 1930, which was later known as
what act?Act No. 3815 or the Revised Penal Code Philippines
10. It is that branch of law which defines crimes, treats of their nature and provides for their punishment.
Criminal law
11. It is that branch of public substantive law which defines offenses and prescribes their penalties.
Criminal law
12. It is substantive because it defines the state’s right to inflict punishment and the liability of the
offenders.
Criminal law
13. It is public law because it deals with the relation of the individual with the state.Criminal law
14. Punishable by the Revised Penal Code (RPC).Felony
15. Punishable by Special Laws.Offense
16. Punishable by city/municipal ordinance.Infraction
17. When was revised penal code enacted?December 8, 1930
18. When was revised penal code take effect?January 1, 1932
19. Who has the power to define and punish act as a crime?
Legislative Branch of Government. In many instances in our history, however, this power was also
exercised by the Executive Branch. Thus, we have Commonwealth Acts, Presidential Decrees and
Executive Orders.
20. What are special penal laws?
Commonwealth Acts, Republic Acts, Presidential Decrees, Executive Orders, and Batas Pambansa
21. What are laws exercised by president?Commonwealth Acts, Presidential Decrees and Executive
Orders
CRIMINAL LAW 1 MEMORY AID
LAW
23. One which punishes without the benefit of due process. Penal laws must not impose cruel and unusual
punishment nor excessive fines.BILL OF ATTAINDER
24. It means that the criminal law of the country governs all persons within the country regardless of
their race, belief, sex, or creed. It is subject to certain EXCEPTIONS by INTERNATIONAL
AGREEMENT. Generality
25. Who are these persons exempted from generality?Heads of states, ambassadors, and other
diplomatic officials
26. Penal laws of the country have force and effect only WITHIN its TERRITORY. It is subject to
certain exceptions by international agreements and practice. Meaning, penal laws may apply OUTSIDE
of its TERRITORY.Territoriality
27. What are the compositions of territory?Territorial, fluvial and aerial jurisdiction
28. The jurisdiction exercised of a country over bodies of land, defined in the Constitution?
Territorial Jurisdiction
29. The jurisdiction over maritime and interior waters.Fluvial Jurisdiction
30. The jurisdiction over the atmosphere.Aerial Jurisdiction
31. It means that acts or omissions will only be subject to a penal law if they are committed after a penal
law had already taken effect. It is subject to certain EXCEPTIONS.Prospectivity
32. Prospectivity Effect: The law may be given retroactive effect, that is, the (new) law may apply to
those persons covered under the old law, provided the following are present?
The (new) law is favorable to the offender;
The offender is not a habitual delinquent; and
There is no provision in the (new) law against its retroactive application
33. What are the philosophies underlying the criminal justice system?Classical/Juristic Philosophy
Positivist/Realistic Philosophy
Eclectic/Mixed Philosophy
34. “An eye for an eye, a tooth for a tooth” philosophy.Classical/Juristic Philosophy
35. The purpose of penalty is RETRIBUTION.Classical/Juristic Philosophy
36. The offender is made to suffer for the wrong he has done. There is scant regard for the human element
of the crime. The law does not look into why the offender committed the crime?Classical/Juristic
Philosophy
37. Capital punishment is a product of this kind of this school of thought?Classical/Juristic Philosophy
38. Man is regarded as a moral creature who understands right from wrong. So that when he commits a
wrong, he must be prepared to accept the punishment therefor.Classical/Juristic Philosophy
39. The purpose of penalty is REFORMATION.Positivist/Realistic Philosophy
40. There is great respect for the human element because the offender is regarded as socially sick who
needs treatment not punishment.Positivist/Realistic Philosophy
41. Crimes are regarded as social phenomena which constrain a person to do wrong although not of his
own volition?Positivist/Realistic Philosophy
IDENTIFICATION PURPOSES
42. This combines both positivist and classical thinking.Eclectic/Mixed Philosophy
43. Crimes that are economic and social nature should be dealt with what
philosophy?Positivist/Realistic Philosophy
44. Heinous crimes should be dealt with what philosophy? Classical/Juristic Philosophy
45. Inherently evil or bad or per se wrongful.Mala in se
46. Crimes which become wrong only because a law punishes the same.Mala prohibita
47. Otherwise known as the Revised Penal Code of the Philippines (RPC) took effect on January 1, 1932.
Act 3815
48. When was the RPC approved?December 8, 1930
49. Scope of application of RPC?Intraterritorial and extraterritorial
50. Refers to the application of the RPC within the Philippine territory.Intraterritorial
51. Application of the RPC outside Philippine territoryExtraterritorial
52. Exemption to territoriality.Should commit an offense while on a Philippine ship or airship;
Should forge or counterfeit any coin or currency note of the Philippine Islands or obligations and
securities issued by the Government of the Philippine Islands; *Should be liable for acts connected
with the introduction into these islands of the obligations and securities mentioned in the preceding
number; *While being public officers or employees, should commit an offense in the exercise of
their functions; or *Should commit any of the crimes against national security and the law of
nations, defined in Title One of Book Two of this Code
53. Crimes on Philippine ship or airship if within Philippine waters/atmosphere that has jurisdiction?
Philippines has jurisdiction
54. Crimes on Philippine ship or airship if on the High Seas (International waters) who has jurisdiction?
Philippines has jurisdiction. *If within the territorial waters or atmosphere of a foreign country –
jurisdiction is dependent on what rule
55. A crime on Philippine ship or airship jurisdiction is dependent on what rules?English or French
Rule
56. Rules adopted by the foreign country?English or French Rule
57. Crimes on a foreign merchant vessel within Philippine waters that has jurisdiction?Philippines has
jurisdiction
58. Crimes on a foreign merchant vessel if on the High Seas (International waters) that has jurisdiction?
Country of origin of vessel has jurisdiction
59. The crime is triable in the country of origin of the vessel, except if it affects the NATIONAL
SECURITY of the country where such vessel is within jurisdiction.French Rule
60. Crimes are not triable in the courts of that country, unless their commission affects the peace and
security of the territory or the safety of the state is endangered.French Rule
61. The law of the foreign country where a foreign vessel is within its jurisdiction is strictly applied,
except if the crime affects only the INTERNAL MANAGEMENT of the vessel.English Rule
62. In which case, it is subject to the penal law of the country where it is registered.English Rule
63. The Philippines adopts on what rule?English Rule
CRIMINAL LAW 1 MEMORY AID
64. If that vessel is in the high seas or open seas, jurisdiction?There is no occasion to apply the two
rules. If it is not within the jurisdiction of any country, these rules will not apply
65. Refer to acts or omission punishable by law (RPC).Felonies
66. Is a term limited only to violations of the RPC?Felony
67. A person who shall commit a felony after having been convicted by final judgment before beginning
to serve sentence or while serving the same, shall be punished under the maximum period of the penalty.
Quasi-Recidivism
68. If a prisoner serving sentence was found possessing dangerous drugs, can he be considered a quasi-
recidivist?No. Violation of the Dangerous Drugs Act is not a felony.
The provision of Art, 160 specifically refers to a felony and felonies – those acts and omissions
punished under the RPC.
69. That the act is performed or the omission incurred by means of dolo or culpa.Felony
70. It means inaction, the failure to perform a positive duty which one is bound to do.?Omission
71. An overt or external act.Act
72. Failure to perform a duty required by law.Omission
73. What maxim there is no crime where there is no law punishing it?NULLUM CRIMEN, NULLA
POENA SINE LEGE
74. What maxim punished by the RPC and not by a special law?NULLUM CRIMEN, NULLA
POENA SINE LEGE
75. What are the kinds of felonies?Intentional and culpable felonies
76. Freedom, intelligence and intent are what kind of felony?Dolo or deceit, deliberate intent, malice
77. Freedom, intelligence and negligence and imprudence are what kind of felony?Culpa or fault
78. In the RPC, it is translated as DECEIT?Dolo
79. Its correct meaning is DELIBERATE INTENT.Dolo
80. When was there is no freedom?A person who acts under the compulsion of an irresistible force
(Art. 12, par. 5). A person who acts under the impulse of an uncontrollable fear of an equal or
greater injury (Art. 12, par. 6) EFFECT: Offender is exempt from criminal liability
81. When was there is intelligence?Imbecile person Insane person Child 15 years old or under at the
time of the commission of the offense Child above 15 years old but under 18 years old, acting
without discernment, at the time of the commission of the offense. EFFECT: Offender is exempt
from criminal liability
82. When was there is no intent?A person who caused an injury by mere accident but without fault
or intention of causing it (Art. 12, par. 4)
83. What maxim an act does not make a person a criminal unless his mind is criminal?Actus non facit
reum, nisi mens sit rea
84. What maxim an act done by me against my will is not my act?Actus me invito factus non est meus
actus
85. That the act done would have been lawful had the facts been as the accused believed them to be. The
intention of the accused in performing the act should be lawful. The mistake must be without fault or
carelessness on the part of the accused.Mistake of Fact
IDENTIFICATION PURPOSES
86. Lack of foresight?Negligence or ineffectual. That the act performed should not constitute a violation of another provision of the
87. Lack of skill?Imprudence Revised Penal Code.IMPOSSIBLE CRIME
88. Indicates a deficiency of action.Imprudence 107. What are felonies covered by impossible crime?Felonies against person or property
108. What are felonies against person?
89. Indicates a deficiency of perception.Negligence
Parricide (Art. 246)
90. Purpose to use a particular means to effect a result. Element of crime except in crimes committed Murder (Art. 248)
with culpa. Essential in intentional felonies.Intent Homicide (Art. 249)
91. Moving power which impels one to act. Not an element. Essential only when the identity of the Infanticide (Art. 255)
felony is in doubt.Motive Abortion (Arts. 256-259)
92. Is established by the testimony of witnesses on the acts or statements of the accused before or Duel (Arts. 260 & 261)
immediately after the commission of the offense.Motive Physical injuries (Arts. 262-266)
93. Two situations contemplated under this article whereby criminal liability shall be incurred? Rape (Arts. 266-A)
Committing a felony (delito) although the wrongful act done be different from that which he 109. What are felonies against property?
intended. Robbery (Arts. 294, 297, 298, 299, 300, 302 and 303)
Performing an act which would be an offense against persons or property, were it not for the Brigandage (Arts. 306 & 307)
inherent impossibility of its accomplishment or an account of the employment of inadequate or Theft (Arts. 308, 310 & 311)
ineffectual means Usurpation (Arts. 312 & 313)
94. Is that cause, which, in natural and continuous sequence, unbroken by any efficient intervening cause, Culpable insolvency (Art. 314)
produces the injury, and without which the result would not have occurred.Proximate cause Swindling and other deceits (Arts. 315, 316, 317 & 318)
95. Mistake in the identity of the victim?Error in personae Chattel mortgage (Art. 319)
96. Mistake in the blow?Aberratio ictus Arson and other crimes involving destruction (Arts. 320-326)
97. The consequence exceeded the intention?Praeter intentionem Malicious mischief (Arts. 327-331)
98. Is the offender liable in these instances?In these three circumstances, the offender is always liable 110. When one tries to murder a corpse. A fire at B, who was lying on bed, NOT KNOWING that B was
99. X intended to kill Y. So, he waited for the latter to pass in one corner. When a person resembling Y dead hours beforeImpossible crime
was approaching, X suddenly fired his gun, hitting and killing the person. It turned out to be Z.Mistake 111. A, with intent to gain, took a watch from the pocket of B. When A had the watch in his possession,
in Identity he found out that it was the watch which he had lost a week before. An employee who, having known
100. The offender is liable for the crime. Art. 49 of RPC applies, i.e., when the crime intended is more the safe combination, opens the safe in the office for the purpose of stealing money, but who finds the
serious than the crime actually committed or vice-versa, the penalty of the crime bearing the lesser safe empty.
penalty will be imposed. But it will be imposed in the maximum period.Error in Personae Impossible crime
101. A fired his gun upon B. Because of poor aim, it was C who was actually hit. Note the following 112. A, determined to poison B, uses a small quantity of arsenic by mixing it with the food given to B,
possible effects of the crime:Aberratio Ictus believing that the quantity employed by him is sufficient. But since in fact it is not sufficient, B is not
102. Generally gives rise to COMPLEX CRIME. If there is complex crime, the penalty to be imposed killed. A tried to kill B by putting in his soup a substance which he thought was arsenic when in fact it
is the penalty for the more serious crime in the maximum period. There cannot be a complex crime when was sugar. B could not have been killed, because the means employed was ineffectual.Impossible crime
one of the felonies is a light felony.Aberratio Ictus 113. What are stages in commission of felony?Attempted, frustrated, consummated
103.G delivered a fist blow upon H. H fell to the ground and hit his head on the pavement, causing 114. When all the elements necessary for its execution and accomplishment are present.Consummated
hemorrhage and eventually his death. G is still liable for the death of H although his intention is merely 115. When the offender performs all the acts of execution which would produce the felony as a
to give a fist blow. consequence but which, nevertheless, do not produce it by reason of causes independent of the will of
Praeter Intentionem the perpetrator.Frustrated
104. It is a mitigating circumstance, particularly covered by par. 3 of Art. 13.Praeter Intentionem 116. When the offender commences the commission of a felony directly overt act, and does not perform
105. Cases where there is no efficient intervening cause. Cases where there is no direct, natural and all the acts of execution which should produce the felony by reason of some cause or accident other than
logical consequence of the felony committed.proximate cause his own spontaneous desistance.Attempted
106. That the act performed would be an offense against persons or property. The act was done with evil 117. Not punishable as they are merely in the mind of a personInternal acts
intent. That its accomplishment is inherently impossible, or that the means employed is either inadequate 118. Usually not punishable such as proposal and conspiracy to commit a felony, except in cases where
the law provides punishment.External acts

CRIMINAL LAW 1 MEMORY AID IDENTIFICATION PURPOSES

119. Punishable under the Revised Penal Code. Has reference to acts of execution: attempted, frustrated
and consummated.Acts of execution
120. The non-performance of all acts of execution was due to cause or accident other than his
spontaneous desistance.Attempted
121. A picked the pocket of B, inside of which there was a wallet containing P50.00. Before A could
remove it from the pocket of B, the latter grabbed A’s hand and prevented him from taking it. In this
case, A failed to perform all the acts of execution that is, taking the wallet, because of a cause, that is the
timely discovery by B of the overt act of A.Attempted
122. A aimed his pistol at B to kill the latter, but when he pressed the trigger it jammed and no bullet
was fired from the pistol.Attempted
123. It refers to the act of would-be offender in not pursuing the performance of all the acts of execution.
Spontaneous Desistance
124. One who takes part in planning a criminal act but desists in its actual commission is EXEMPT from
CRIMINAL LIABILITY.Spontaneous Desistance
125.When there is no spontaneous desistance?A stole a chicken under the house of B one evening.
Realizing that what he did was wrong, A returned the chicken to the place under the house of B.
Since the crime of theft was already consummated, the return of the stolen property does not
relieve A of criminal responsibility. A had already performed all the acts of execution which
produced the crime of theft before he returned the chicken. A attacked and wounded B in the
abdomen with a sharp-edged weapon, causing a wound serious enough to have produced death. A
was about to assault B again; but this time, A desisted and left B. B was take to the hospital by
another person. Because of the timely and skillful medical treatment by a physician, B did not die.
It will be noted that when A desisted, he had already inflicted a mortal wound on B, which could
have produced his death were it not for the timely intervention of a physician. A is liable for
frustrated homicide.
A, with intent to kill, fired his pistol at B, but did not hit the latter. B cried and asked A not to
shoot him. A desisted from firing his pistol again at B. Is A criminally liable? Yes, not for attempted
homicide because he desisted before he could perform all the acts of execution, but for grave
threats which was already committed by him when he desisted.
126. The felony is not produced; By reason of causes independent of the will of the
perpetrator.Frustrated
127. A stabbed B in the abdomen, penetrating the liver, and in the chest. B did not die because of prompt
and skillful treatment that he received. A wounded B in the left abdomen with a sharp-edged weapon,
causing a wound in the peritonial cavity, serious enough to have produced death.Frustrated
128. A in firing his revolver at B hit him in the upper side of the body, piercing it from side to side and
perforating the lungs. B was saved due to adequate and timely intervention of medical
science.Frustrated
129. Determine the stages of execution?
The nature of the offense
The elements constituting the felony; and
The manner of committing the felony
130. Crime Arson – It is NOT NECESSARY that the PROPERTY is TOTALLY DESTROYED by fire.
even if only any part of the house is burned.Consummated
131. Is there a frustrated in arson?None
CRIMINAL LAW 1 MEMORY AID
132. A took a leather belt from the baggage of B and placed it in his drawer. It was discovered later on
by other persons. Theft here is?Consummated
133. The accused loaded boxes of rifle on their truck. When they were on their way out of the South
Harbor, they were checked at the checkpoint, so they were not able to leave the compound. Theft here
is?Frustrated
134. The accused was found inside a parked deep of Captain Parker by an American MP. The jeep’s
padlock had been forced open and lying between the front seats and the gearshift was an iron bar. Captain
Parker was then inside a theater. Theft here is?Attempted
135. What are crimes involving of taking human life?Parricide, homicide, and murder
136. In this stage the victim is died.Consummated
137. In this stage the victim is mortally wounded.Frustrated
138. In this stage the victim is not mortally wounded.Attempted
139. Ruled that when the offender himself believed that he had performed all the acts of execution, even
though no mortal wound was inflicted, the act is already in the FRUSTRATED STAGE.Supreme Court
140. What are the crimes do no admit in frustrated stage?
Rape
Bribery
Arson
Corruption of public officers
Adultery
Physical injury
141. The accused lay on top of a girl 9 years of age for over 15 minutes. The girl testified that there was
partial penetration of the male organ in her private parts and that she felt intense pain.Consummated
Rape
142.The accused placed himself on top of a woman, and raising her skirt in an effort to get his knees
between her legs while his hands held her arms firmly, endeavoring to have sexual intercourse with her,
but not succeeding because the offended party was able extricate herself and to run away.Attempted
rape
143. 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? (Art. 9, par. 3)Light felonies
144. Are punishable ONLY when they have been consummated.Light felonies
145. Committed against persons or property, are punishable even if ATTEMPTED or FRUSTRATED.
Light felonies
146. Are conspiracy and proposal to commit felony not punishable?Conspiracy and proposal to
commit felony are not punishable
147. They are punishable only in the cases in which the law specially provides a penalty
therefor.Conspiracy & Proposal to Commit Felony
148. Two or more persons come to an agreement concerning the commission of a felony and decide to
commit it.Conspiracy
149. What are the kinds of conspiracy?Conspiracy as a crime
Conspiracy as a manner of incurring criminal liability
150. No overt act is necessary to bring about the criminal liability. It is only true when the law expressly
punishes the mere conspiracy.Conspiracy as a crime
151. What are conspiracies as a crime?
Conspiracy to commit treason (Art. 115)
IDENTIFICATION PURPOSES
Conspiracy to commit coup d’ etat, rebellion or insurrection (Art. 136)
Conspiracy to commit sedition (Art. 141)
Monopolies and combinations in restraint of trade (Art. 186)
152. A person who has decided to commit a felony proposes its execution to some other person or
persons.
Proposal
153. What are proposals as a crime?Proposal to commit treason (Art. 115)
Proposal to commit coup d’ etat, rebellion or insurrection (Art. 136)
154. is some physical activity or deed, indicating the intention to commit a particular crime, more than
a mere planning or preparation, which if carried to its complete termination following its natural cause,
without being frustrated by external obstacles nor by the voluntary desistance of the perpetrator, will
logically and necessarily ripen into a concrete offense.Overt act
155. It is one where the purpose of the offender in performing an act is not certain. Its nature in relation
to its objective is ambiguous.Indeterminable offense
156. What are the classifications of felonies according to the gravity?Grave, less grave and light
felonies
157. Those to which the law attaches the capital punishment or penalties which in any of their periods
are afflictive, in accordance with Art. 25 of this Code.
Grave felonies
158. Those to which the law punishes with penalties which in their maximum period are correctional, in
accordance with Art. 25 of this CodeLess grave felonies
159.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.Light felonies
160. Afflictive penalties: 6 years and 1 day to reclusion perpetua (life).Grave felonies
161. Correctional penalties: 1 month and one day to 6 years.Less grave felonies
162. Arresto Menor (1 day to 30 days)Light felonies
163.When a single act constitutes two or more grave or less grave felonies, or when an offense is a
necessary means for committing the other, the penalty for the most serious crime shall be imposed, the
same to be applied in its maximum period.Complex crime
164. 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.Plural crimes
165. Plurality of crimes maybe in the form of what?Compound, complex and composite
166. Is one where a single act produces two or more crimes?Compound crime
167. 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.
Complex crime
168. 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.Composite crime
169. Examples are robbery with homicide, robbery with rape, rape with homicide. These are crimes
which in the eyes of the law are regarded only as a single indivisible offense.
Special complex crime or composite crime
170. Are limited only to a situation where the resulting felonies are grave and/or less grave.Complex
crime
CRIMINAL LAW 1 MEMORY AID
171. There is no limit as to the gravity of the resulting crimes as long as a single act brings about two or
more crimes.Compound crime
172. Crimes are not limited to grave or less grave felonies but covers all single act that result in two or
more crimes.Compound crime
173. Is also designated as a complex crime.Compound crime
174. Who determine the penalties of fine and bond to keep peace?Court
175. 20 yrs and 1 day to 40 yrs.Reclusion perpetua
176. 1 day to 30 days?Arresto menor
177. 6 months and 1 day to 6 yrs?Prision correctional
178. 12 yrs and 1 day to 20 yrs?Reclusion temporal
179. 6 yrs and 1 day to 12 yrs?Prision mayor
180. 1 month and 1 day to 6 months?Arresto mayor
181. Those where the act of a person is said to be in accordance with law, so that such person is deemed
not to have transgressed the law and is free from both criminal and civil liability.Justifying
circumstance
182. Effect of justifying circumstance.There is no civil liability, except in par. 4, where the civil
liability is borne by the persons benefited by the act. Basis of justifying circumstances: The
law recognizes the non-existence of a crime by expressly stating in the opening sentence of Art.
11 that the persons therein mentioned “do not incur any criminal liability
183. What are the types of justifying circumstance?
Self-defense
Defense of relative
Defense of stranger
Avoidance of greater evil or injury
Fulfillment of duty or lawful exercise of right or office
Obedience to an order issued for some lawful purpose
184. What are requisites of self-defense?Unlawful aggression
Reasonable necessity of the means employed to prevent or repel it; and
Lack of sufficient provocation on the part of the part of the person defending himself
185. What are the kinds of aggression?Lawful and unlawful
186. Fulfillment of a duty or the exercise of a right in a more or less violent manner is an AGGRESSION.
Lawful
187. Contemplated in Art. 11 that entitles a person to self-defense.Unlawful
188. The act of a chief of police who used violence by throwing stones at the accused when the latter was
running away from him to elude arrest for a crime committed in his presence. The act of a policeman
who, after firing five cautionary shots into the air, aimed directly at the escaping detainee when he
had already reasons to fear that the latter would be able to elude him and his pursuing
companions.Lawful aggression
189. Exist if unlawful aggression is present.Self-defense
190. An assault or at least threatened assault of an immediate and imminent kind. The peril to one’s life,
limb or right is either actual or imminent. Actual physical assault upon a person, or at least a threat
to inflict real injury. Threat must be offensive and positively strong, showing the wrongful intent to
cause an injury.
Unlawful aggression
191. What are rights included in self- defense?
IDENTIFICATION PURPOSES
 Defense of right to chastity
Defense of right to honor
Defense of right to property
Defense of home
192. Embracing a woman, touching her private parts and her breasts, and throwing her to the ground for
the purpose of raping her in an uninhibited place when it was twilight, constitute an attack upon her
honor and, therefore, an unlawful aggression. Placing of hand by a man on the woman’s upper thigh
is unlawful aggression.Defense of chastity
193. Violent entry to another’s house at nighttime, by a person who is armed with a bolo, and forcing
his way into the house, shows he was already and looking for trouble and the manner of his entry
constitutes an act of aggression. The owner of the house need not wait for a blow before repelling
the aggression, as that blow may prove fatal.Defense of home
194. It refers to the act of one defending against unlawful aggression. The act could be to PREVENT or
to REPEL the UNLAWFUL AGGRESSION.Reasonable Necessity to Prevent or Repel It
195. Nature and quality of the weapon used by the aggressor, His physical condition, His character, His
size, and other circumstances, those of the person defending himself, and the place and occasion
of the assault.
Means employed
196. Liberally construed in favor of law-abiding citizens – Applicable when a lawless person attacks on the
streets or particularly in the victim’s home. One defending himself is a policeman – A police officer is
not required to afford a person attacking him, the opportunity for a fair and equal struggle. Reason: He
is duty-bound to OVERCOME his opponent.Reasonable necessity
197. The one defending himself must not have given cause for the aggression by his unjust conduct or
by inciting or provoking the assailant.Lack of Sufficient Provocation of One Defending Himself
198. A and B are long standing enemies. Because of their continuous quarrel over the boundaries of their
adjoining properties, when A saw B one afternoon, he approached the latter in a menacing manner
with a bolo in his hand. When he was about five feet away from B, B pulled out a revolver and shot
A on the chest, killing him. Is B criminally liable? What crime was committed, if any?
The act of A is nothing but a provocation. It cannot be characterized as an unlawful aggression
because in criminal law, 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. In the
facts of the problem given above, what was said was that A was holding a bolo. That bolo does
not produce any real or imminent danger unless a raises his arm with the bolo. As long as that
arm of A was down holding the bolo, there is no imminent danger to the life or limb of B.
Therefore, the act of B in shooting A is not justified
199. A challenged B to prove who of them was the better man. When B picked up a bolo and went after
him, A took to flight. The B pursued him and upon overtaking him inflicted two wounds. C, father of
A, rushed to his son’s assistance and struck with a cane the bolo from the hands of B. A inflicted fatal
wounds upon the B. While the son was originally at fault for giving provocation to B, yet the father
was justified in disarming the B, having acted in lawful defense of his son.Defense of relative
200. The person defending is not induced by revenge, resentment, or other evil motive.Defense of stranger
201. A was able to deprive B, a constabulary lieutenant, of his pistol during the fray. B ordered C, a
constabulary soldier under his command, to search A for the pistol. When C was about to approach A
to search him, the latter stepped back and shot at C who was able to avoid the shot. When A was about
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to fire again at C, D another constabulary soldier, fired at A with his rifle which killed him.Defense
of stranger
202. A heard screams and cries for help. When A responded, he saw B attacking his (B’s) wife with a
dagger: A approached B and struggled for the possession of the weapon, in the course of which A
inflicted wounds on B.Defense of stranger
203. That the evil sought to be avoided actually exists; That the injury feared be greater than that done to
avoid it; and That there be no other practical and less harmful means of preventing it.Avoidance of
Greater Evil or Injury
204. That the accused acted in the performance of a duty or in the lawful exercise of a right or office; That
the injury caused or the offense committed be the necessary consequence of the due performance of
duty or the lawful exercise of such right or office.Fulfillment of Duty or Lawful Exercise of Right
or office
205. That an order has been issued by a superior; That such order must be for some lawful purpose; and
That the means used by the subordinate to carry out said order is lawful.Obedience to an Order
Issued for Some Lawful purpose
206. Is not liable for carrying out an illegal order of his superior, if he is not aware of the ILLEGALITY of
the order and he is NOT NEGLIGENT.Subordinate as Supreme Court ruling
207. Who are exempt from criminal liability or exempting circumstances?
Imbecility (Art. 12, par. 1): Has an IQ of 7 years old. The intellectual deficiency is permanent.
Exempt in all cases from criminal liability. Insanity (Art. 12, par. 1): To be exempting, the person
must be insane at the time of the commission of the crime. The insane person is not exempt if it
can be shown that he acted during a lucid interval. During lucid interval, the insane acts with
intelligence. Minority: The age of absolute irresponsibility – Child 15 years old or under at the
time of the commission of the offense The age of conditional responsibility – Child above 15 years
old but under 18 years old, acting without discernment, at the time of the commission of the
offense.
208. What is the age of full of responsibility?18 or over (adolescence) to 70 (maturity) The age of
mitigated responsibility – over 15 years old but under 18 years old, acting with discernment, at
the time of the commission of the offense; over 70 years of age
209. The mental capacity of a minor to fully appreciate the consequences of his lawful act.Discernment
210. The minor committed the crime without discernment.Presumption
211. Mental capacity to fully appreciate the consequences of the unlawful act which is shown by the manner
the crime was committed and conduct of the offender after its commission.Discernment
212. What law that a minor over 15 but below 18 who acted without discernment is exempt from criminal
liability.
R.A. 9344
213. Is something that happens outside the sway of our will, and although it comes about through some act
of our will, lies beyond the bounds of humanly foreseeable consequences. If the consequences are
plainly foreseeable, it will be a case of negligence.Accident
214. The accused, while hunting, saw wild chickens and fired a shot. The slug, after hitting a wild chicken,
recoiled and struck the tenant who was a relative of the accused. The man who was injured died. If
life is taken by misfortune or accident while the actor is in the performance of a lawful act executed
with due care and without intention of doing harm, there is no criminal liability.Accident
215. That the compulsion is by means of physical force. That the physical force must be irresistible. That
the physical force must come from a third person.Irresistible Force
IDENTIFICATION PURPOSES
 216. It appears that Baculi, one of the accused who was not a member of the band which murdered some
American school-teachers, was in a plantation gathering bananas. Upon hearing the shooting, he ran.
However, Baculi was seen by the leaders of the band who called him, and striking him with the butts
of their guns, they compelled him to bury the bodies.Irresistible force Baculi was not criminally
liable as accessory for concealing the body of the crime (Art. 19) of murder committed by the
band, because Baculi acted under the compulsion of an irresistible force
217. That the threat which causes the fear is of an evil greater than or at least equal to, that which he is
required to commit. That it promises an evil of such gravity and imminence that the ordinary man
would have succumbed to it.Uncontrollable Fear
218. liberato Exaltacion and Buenaventura Tanchinco were compelled under fear of death to swear
allegiance to the Katipunan whose purpose was to overthrow the government by force of arms. In this
case, the accused cannot be held criminally liable for rebellion, because they joined the rebels under
impulse of an uncontrollable fear of an equal or greater injury.Uncontrollable Fear
219. That an act is required by law to be done; That a person fails to perform such act; That his failure to
perform such act was due to some lawful or insuperable cause.Prevented by Insuperable Cause
220. A mother who at the time of childbirth was overcome by severe dizziness and extreme debility, and left
the child in a thicket where said child died, is not liable for infanticide, because it was physically
impossible for her to take home the child. The severe dizziness and extreme debility of the woman
constitute an insuperable cause.Prevented by Some Insuperable Cause
221. They are those where the act committed is a crime but for reasons of public policy and sentiment there
is no penalty imposed.Absolutory Causes
222. Accessories that is exempt from criminal liability?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
degrees, with the single exception of accessories falling with the provisions of paragraph 1 of the
next preceding article
223. 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.Death or physical injuries inflicted under exceptional circumstances
224. If he shall inflict upon them physical injuries of any other kind, he shall be what?Exempt from
punishment
225. 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.Instigation
226. A criminal design is already in the mind of the person entrapped. It did not emanate from the mind of
the law enforcer entrapping him. Entrapment involves only ways and means which lay down or
resorted to facilitate the apprehension of the culprit.Entrapment
227. Circumstances are those which, if present in the commission of the crime, do not entirely free the actor
from criminal liability, but serve only to reduce the penalty.Mitigating circumstance
228. Those enumerated in subsections 1 to 10 of Article 13. Those mentioned in subsection 1 of Art. 13 are
ordinary mitigating circumstances, if Art. 69, for instance, is not applicable.Ordinary mitigating
229. Penalty to be imposed upon a person under eighteen years of age. (Art. 68) b. Penalty to be imposed
when the crime committed is not wholly excusable. (Art. 69) c. When there are two or more mitigating
circumstances and no aggravating circumstances are present. (Art. 64)Privileged mitigating
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230. Who are benefitted in mitigating circumstance?
Incomplete justifying or exempting circumstances (par. 1)
Under 18 or over 70 years old (par. 2)
No intention to commit so grave a wrong (par. 3)
Provocation or threat (par. 4)
Vindication of grave offense (par. 5)
Passion or obfuscation (par. 6)
Surrender and confession of guilt (par. 7)
Physical defect (par. 8)
Illness of the offender (par. 9)
Similar and analogous circumstances (par. 10)
231. Are those which, if attendant in the commission of the crime, serve to increase the penalty without,
however, exceeding the maximum of the penalty provided by law for the offense?Aggravating
circumstance
232. Those that can generally apply to all crimes.Generic
233. Those that apply only to particular crimes.Specific
234. Those that change the nature of the crime.Qualifying
235. Those that must of necessity accompany the commission of the crime.Inherent
236. Ignominy in crimes against chastity or cruelty and treachery in crimes against persons.Specific
237. Dwelling, Nighttime, Recidivism NOTE: In Art. 14, the following are considered generic aggravating:
nos. 1, 2, 3 (dwelling), 4, 5, 6, 9, 10, 14, 18, 19 & 20, except “by means of motor vehicles.”Generic
238. Alevosia (treachery) or evident premeditation qualifies the killing of a person to murderQualifying
239. Circumstances will have the effect of increasing the penalty.
generic aggravating and qualifying
240. If not offset by any mitigating circumstances: increase penalty by maximum period. Need not be
alleged in the information to be considered by the court. Generic
241. Change the nature of crime, e.g. homicide to murder. Must be alleged in the information to be
considered by court. Qualifying
242. What are aggravating circumstances?Advantage taken of public position (par. 1) Contempt or
insult to public authorities (par. 2) Disregard of rank, age, sex, or dwelling of offended party
(par. 3) Abuse of confidence and obvious ungratefulness par. 4) Palace and places of
commission of offense (par. 5) Nighttime, uninhabited or band (par. 6) On occasion of calamity
or misfortune (par. 7) Aid of armed men, etc. (par. 8) Recidivist (par. 9) Reiteracion or
habituality (par. 10) Price, reward or promise (par. 11) By means of inundation, fire, etc. (par.
12) Evident premeditation (par. 13) Craft, fraud or disguise (par. 14) Superior strength or
means to weaken defense (par. 15) Treachery (par. 16) Ignominy (par. 17) Unlawful entry (par.
18) Breaking wall (par. 19) Aid of minor or by means of motor vehicles (par. 20) Those peculiar
to certain offenses
243. One who, at the time of his trial for one crime, shall have been previously convicted by final judgment
of another crime embraced in the same title of the Revised Penal Code.Recidivism
244. That the offender is on trial for an offense; that he was previously convicted by final judgment of
another crime; that both the first and the second offenses are embraced in the same title of the Code
Recidivism
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245. That the accused is on trial for an offense; That he previously served sentence for another offense to
which the law attaches an equal or greater penalty, or for two or more crimes to which it attaches
lighter penalty than that for the new offense; and That he is convicted of new offense.Reiteracion
246. when a person, within a period of ten years from the date of his release or last conviction of the crimes
of serious or less serious physical injuries, robbery, theft, estafa or falsification, is found guilty of
any of said crimes a third time or oftener. (Art. 62, last paragraph).Habitual delinquency
247. Any person, who shall commit a felony after having been convicted by final judgment, before
beginning to serve such sentence, or while serving the same, shall be punished by the maximum
period of the penalty prescribed by law for the new felony. (Art. 160)Quasi- recidivism
248. What aggravating circumstances that qualify the killing to murder?Art. 248 enumerate the
following: With treachery, taking advantage of superior strength, with the aid of armed men,
or employing means to weaken the defense or of means or persons to insure or afford impunity.
In consideration of a price, reward, or promise. By means of inundation, fire, poison, explosion,
shipwreck, stranding of a vessel, derailment or assault upon a street car or locomotive, fall of
an airship, by means of motor vehicles, or with the use of any other means involving great waste
and ruin.On occasion of any of the calamities enumerated in the preceding paragraph, or of an
earthquake, eruption of a volcano, destructive cyclone, epidemic or other public calamity. With
evident premeditation. With cruelty, by deliberately and inhumanly augmenting the suffering
of the victim, or outraging or scoffing at his person or corpse
249. Those which must be taken into consideration as AGGRAVATING or MITIGATING according to
the nature and effects of the crime and the other conditions attending its commission.Alternative
circumstances
What are the types of alternative circumstances?
Relationship, Intoxication, Degree of instruction and education of the offender
250. When relationship is mitigating?Crimes against property, by analogy to the provisions of Art.
332. Less serious physical injuries or slight physical injuries: If the offended party is a relative
of a lower degree of the offender. Trespass to dwelling
251. When relationship is aggravating?Crimes against persons in cases where the offended party is a
relative of a HIGHER DEGREE than the offender, or when the offender and the offended
party are relatives of the same level, as killing a brother, a brother-in-law, a half-brother, or
adopted brother. EXCEPT: In any of the serious physical injuries even if the offended party is
a descendant of the offender. Serious physical injuries are committed by the offender against
his child, whether legitimate, or any of his legitimate other descendants, relationship is
aggravating. NOTE: Serious physical must not be inflicted by a parent upon his child by
excessive chastisement. Less serious physical injuries or slight physical injuries: The offended
party is a relative of a higher degree of the offender. Homicide or murder Crimes against
chastity NOTE: Relationship is neither mitigating nor aggravating, when relationship is an
element of the offense
252. Low degree of instruction and education or lack of it is generally.Mitigating
253. High degree of instruction and educationAggravating
254. Who are criminally liable?Principal, accomplice and accessory
255. Are punishable only when they have been consummated.Light felonies
256. Those who take a direct part in the execution of the act.Principal by DIRECT PARTICIPATION
257. Those who directly force or induce others to commit it.Principal by INDUCEMENT
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258. Those who cooperate in the in the commission of the offense by another act without which it would
not have been accomplished.Principal by INDESPENSABLE COOPERATION
259. Persons who, not being included in Art. 17, cooperate in the execution of the offense by previous
or simultaneous acts Accomplice
260. That he 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 an efficacious way
Accomplice
261. Does not participate in the criminal design, nor cooperate in the commission of the felony, but,
with knowledge of the commission of the crime. Accessory
262. By profiting from the effects of the crime. Accessory
263. By concealing the body, effects or instruments of the crime in order to prevent its
discovery.Accessory
264. By assisting in the escape or concealment of the principal of the crime, provided he acts with abuse
of his public functions or the principal is guilty of treason, parricide, murder, or an attempt to take
the life of the Chief Executive, or is known to be habitually guilty of some other crime.Accessory
265. What crimes that aggravates or heavy penalties for accessory?Those who profit from the effects
of the crime of ROBBERY and THEFT are themselves principals in the crime punished in
Presidential Decree No. 1612, otherwise known as “Anti-Fencing Law
266. Who are accessories exempt from criminal liability?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 degrees, with the single exception of accessories falling within the provisions
of paragraph 1 of the next preceding article
267. Those who take a direct part in the execution of the act.Principal
268. Those who directly force or induce others to commit it.Principal
269. Those who cooperate in the commission of the offense by another act without which it would not
have been accomplished.Principal
270. Are those persons who, not being included in Art. 17 cooperate in the execution of the offense by
previous or simultaneous acts.Accomplice
271. That there be community of design; that, knows the criminal design of the principal by direct
participation; he concurs with the latter in his purpose.Accomplice
272. He cooperates in the execution of the offense by previous or simultaneous acts, but does not render
him a principal by direct participation or by indispensable cooperation.Accomplice
273. That there is a relation between the acts done by the principal and those attributed to the person
charged as.Accomplice
274. Are those who, having knowledge of the commission of the crime, and without having participated
therein, either as principals or accomplices, take part subsequent to its commission in any of the
following manners.Accessories
275. By profiting themselves or assisting the offender to profit by the effects of the crime.Accessory
276. By harboring, concealing, or assisting in the escape of the principals of the crime, provided the
accessory acts with abuse of his public functions or whenever the author of the crime is guilty of
treason, parricide, murder, or an attempt to take the life of the Chief Executive, or is known to be
habitually guilty of some other crime.Accessory
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277. Is subsidiary personal liability to be suffered by the convict who has no property with which to meet 1 year
the fine, at the rate of one day for each eight pesos, subject to the rules provided in Art. 39.Subsidiary 310. Violation of BIR Laws?5 years
penalty 311. Violation of Municipal Ordinance?2 months
278. No limitation whatever, and accordingly, all the penalties for all the violations were imposed even if 312. Criminal and civil liability is totally extinguished.Total extinction
they reached beyond the naturals span of human life.Material Accumulation System 313. Criminal liability is only extinguished.Partial extinction
279. Limited to not more than three-fold the length of time corresponding to the most severe and in no 314. Death of the convict where civil and criminal liability extinguished.Before final judgment
case to exceed 40 years. This is followed in our jurisdiction Judicial Accumulation system 315. Death of the convict where criminal liability is extinguished but civil liability remains.
280. The lesser penalties and absorbed by the graver penalties.Absorption System After final judgment
281. No subsidiary imprisonment if the penalty is.Higher than prison correctional or 6 years 316. Crime is a debt. When payment is paid, debt is extinguished.Service of sentence
282. When the principal penalty imposed is only a fine?Grave or less grave felony - not exceeding 6 317. General pardon for past offense.Amnesty
months/Light felony – not exceeding 15 days 318. Total extinction of the criminal liability of the individual to whom it is granted without any condition
283. How criminal liability is totally extinguished?By the death of the convict, as to the personal whatsoever resulting to the full restoration of his civil rights.Absolute pardon
penalties and as to pecuniary penalties, liability therefor is extinguished only when the death 319. Cannot be extended in impeachment cases ,cannot be granted violation of Election law only exercised
of the offender occurs before final judgment. By service of the sentence; By amnesty By after conviction.Absolute pardon
absolute pardon; By prescription of the crime; By prescription of the penalty; By the marriage 320. Good Faith Man shall marry the woman to attain extinction.Marriage of the offended woman
of the offended woman 321. Consists in the successive execution, in the same individual, of different criminal act, upon any of
284. Loss, forfeiture or waiver of the state to prosecute the offender after the lapse of certain time. which no conviction has yet been declared.Plurality of crimes
Prescription of crime 322. Involves the same criminal intent resulting in two or more crimes but for which there is only one
285. Shall start to count “discovery of the offense.Prescription of crime criminal liability.Formal or ideal
286. Interrupted by filing of complaint or informationPrescription of crime 323. Refers to different criminal intents resulting in two or more crimes for each of which, the accused
287. It will run again when such proceeding terminate without the accused convicted or incurs criminal liability.Material or real
acquittedPrescription of crime 324. Complex crime is an example of?Formal or ideal
288. Shall not run when offender is absent from the Philippines.Prescription of crime 325. Falsification to conceal malversation is an example of?Material or real
289. Prescriptive period of the crime of other afflictive penalties?15 years
290. Prescription of crime of Death / Reclusion Perpetua / Reclusion Temporal?20 years
291. Prescription of crime of Light Offenses 2 months
292. Prescription of crime of Correctional Penalties?10 years
293. Prescription of crime of Crime of Libel and other Similar offenses?1 year
294. Prescription of crime of Arresto Mayor 5 years
295. Prescription of crime of Offenses of Oral Defamation and Slander by Deed?6 months
296. Loss, forfeiture or waiver of the state to execute final sentence after the lapse of certain time.
Prescription of penalty
297. Commence to run the date when the offender evaded the service of sentencePrescription of penalty
298. Interrupted if he gives up, Interrupted if he is being capturedPrescription of penalty
299. Interrupted if goes to a foreign country which we have no extradition treatyPrescription of penalty
300. Commits another crime before the expiration of the period of prescription.Prescription of penalty
301. Prescription of penalty of light offenses?1 year
302. Prescription of penalty of Arresto Mayor 5 years
303. Prescription of penalty of Correctional Penalties?12 years
304. Prescription of penalty of other afflictive Penalties?15 years
305. Prescription of penalty of Death / Reclusion Perpetua?20 years
306. Offenses punishable by imprisonment for 6 yrs or more prescribe in?12 years
307. Offenses punishable by imprisonment for 2 yrs or more but less than 6 yrs prescribe in?8 years
308. Offenses punishable by imprisonment for more than 1 mon but less than 2 yrs prescribe in?4 years
309. Offenses punishable only by fine or imprisonment for more than 1 month or both prescribe in?

CRIMINAL LAW 1 MEMORY AID IDENTIFICATION PURPOSES