CRIMINAL LAW 1 l TABLE OF ELEMENTS OF THE PROVISIONS IN RPC l
& MINDANA
MITIGATING CIRCUMSTANCES
(ISPSIPVVPA)
e or Exempting Circumstances
Senility
Praeter Intentionem
Sufficient Provocation
e vindication of a grave offense
assion and Obfuscation
Voluntary Surrender
Voluntary plea of guilty
Requisites | Elements
N/A
N/A Physical defect and illness
N/A
1. The provocation must be sufficient
2. It must originate from the offended party
3. The provocation must be immediate to the act
1. That there be a grave offense done to the one
committing the felony, his spouse, ascendants,
descendants, legitimate, natural or adopted brothers and
Analogous
sisters or relatives by affinity circumstances
with the same degree
2. That the felony is committed in vindication of such
grave offense withinART 12 EXEMPTING
a reasonable amountCIRCUMSTANCES
of time
(IMACII)
Imbecility and Insanity
Minority (amended by RA 9344)
1. That the accused acted upon an impulse that it
naturally produced passion or obfuscation in him
Accident
2. The impulse arose out of the lawful sentiments of the
offender such that it was created by the unlawful or unjust
acts by the offended party
3. Such act must not be far removed from the commission
of the crime by a considerable amount of time, during
which the perpetrator might recover his normal
equanimity
Compulsion of an Irresistible force
1. The offender surrendered to a person in authority
2. The offender surrendered before arrest is effected
3. The surrender must be voluntary i.e. spontaneous
4. There is no pending warrant of arrest or information
filed
Impulse of an uncontrollable fear
1. The offender spontaneously confess his guilt
2. The confession of guilt was made in an open court
3. Confession of guilt was made prior to the presentation
of evidence of the prosecution
Insuperable cause
AGGRAVATING CIRCUMSTANCE ELEMENTS
(ART. 14 OF THE RPC)
notes by: ORBISO
For Physical defect
1. Offender is deaf, dumb, blind or ot
some physical defect
2. Such defect restricts his means of a
communication
3. Defect must relate to the crime commi
For Illness
1. Illness of the offender must diminish t
will power
2. Such illness should not deprive
consciousness of his acts
N/A
Requisites | Elements
N/A
N/A
1. The accused is performing a lawful ac
2. The injury is caused by mere accident
3.There was no fault or intent of causing
1. The force must be physical and must c
external/outside force
2. The actor must be reduced to a mere
that the element of freedom is wanting
3. The duress, force, fear or intimidation
imminent and impending and of such a n
induce a well-grounded fear of death or s
injury if the act is not done (compulsion)
1. There is a threat which causes an unc
an evil greater than or at least equal to, t
required to commit
2. It promised an evil of such gravity and
the ordinary man would have succumbed
1. An act is required by law to be done
2. That a person fails to perform such ac
3. That his failure to perform such act wa
lawful or insuperable cause
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CRIMINAL LAW 1 l TABLE OF ELEMENTS OF THE PROVISIONS IN RPC l notes by: ORBISO
& MINDANA

PAR. 6
TAKING ADVANTAGE OF IN CONTEMPT OR WITH
PUBLIC POSITION INSULT TO PUBLIC
(PAR. 1) AUTHORITIES NOCTURNITY UNINHABITED BAND
(PAR. 2) PLACE

a) the crime was committed a) crime was a) the crime was a) the crime was
in the presence of public committed at committed in committed by
authority night, in the inhabited band (at least
b) the public authority is darkness place 4 armed men;
engaged in the exercise of b) it must have b) it must have and must
his functions facilitated the facilitated the take direct
c) the public authority’s commission of the commission part in the
presence has NOT crime of the crime execution of
prevented the offender c) it must be c) it must be the acts
from committing the act especially sought especially constituting
d) such public authority is and taken sought and the crime)
NOT the person against advantage by the taken b) it must have
whom the crime was offender advantage by facilitated the
directed d) place where he the offender commission
committed was not to insure the of the crime
illuminated commission c) it must be
of the crime especially
PAR. 3
or for the sought and
purpose of taken
INSULT OR DISREGARD OF DWELLING impunity advantage for
THE RESPECT OF THE by the
OFFENDED PARTY offender to
insure the
- crime against persons or honor - offended party must be commission
- offender must have inside his dwelling of the crime
deliberately intended the insult when the crime was or for the
or disrespect against the committed purpose of
offended party’s rank, age or - offended party must impunity
sex NOT have given
sufficient and
immediate provocation
- offender must NOT PAR. 7 - CONFLAGRATION, SHIPWRECK, EARTHQUAKE,
reside in the same EPIDEMIC OR OTHER CALAMITY OR MISFORTUNE
dwelling as the
offended party 1. The crime was committed on the occasion of either
of the ff:

a) conflagration
PAR. 4
b) shipwreck
c) earthquake
ABUSE OF CONFIDENCE OBVIOUS d) epidemic
UNGRATEFULNESS e) there calamity or misfortune

a) the offended party had
trusted or placed
confidence in the offender
b) offender abused such
trust and such abuse of
confidence facilitated the
commission of the crime
- it must be obvious,
manifested or must be
clear
2. the offender must have taken advantage of the
calamity or misfortune
PAR. 8 - AID OF ARMED PAR. 9 - RECIDIVISM
MEN OR PERSONS WHO
INSURE OR AFFORD
IMPUNITY

a) armed men took part, a) the the offender on trial

PAR. 5 - CRIME COMMITTED IN THE PALCE OF THE C.C. directly or indirectly, in for a subsequent felony
OR IN HIS PRESENCE OR WHERE PUB. AUTHORITIES the commission of the b) that he was previously
ARE ENGAGED IN THE DISCHARGE OF THERI DUTIES OR crime convicted by final
IN A PLACE DEDICATED TO RELIGIOUS WORSHIP b) that the accused availed judgement of another
himself of their aid and felony
1. The crime must be committed in either of the ff. relied upon them when c) the previous conviction by
places: the crime was committed final judgement was for a
or relied upon them to felony committed PRIOR
a) Palace of the Chief Executive insure or afford impunity to the felony he is
b) Presence of the Chief Executive c) such armed men were currently being charge
c) Place where public authorities are engaged in the NOT in conspiracy with and tried
discharge of their duties the accused d) that the both first and
d) Place dedicated to religious worship second offenses are
embraced in the same
2. The offender must have intention to commit the title of the RPC
crime when he entered the place

PAR. 2 v. PAR. 5 PAR. 8 v. PAR. 6

IN CONTEMPT OR WITH
INSULT TO THE PUB
AUTHORITIES (PAR. 2)
- the public authorities are
performing their duties
OUTSIDE their office.
- public authority cannot be
the offended party
PAR. 8 WITH THE AID OF
PAR. 5 ARMED MEN
- not necessary that the
armed men facilitated the
- public authorities are in the commission of the offense,
very place or OFFICE where as long as the accused
their duties are principally relied upon their aid for
performed. accomplishing the crime or
- pub. authority may also be to afford impunity.
the offended party
PAR. 6 COMMITTED BY A
BAND
- there must be stalest 4
armed men who directly
facilitated the commission
of the offense

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CRIMINAL LAW 1 l TABLE OF ELEMENTS OF THE PROVISIONS IN RPC l
& MINDANA
PAR. 10 - REITERACION OR HABITUALITY
1. the accused is on trial for a new offense
2. that he previously served the sentence for either of
the ff:
a) an offense to which the law attaches an equal or
greater sentence than that of the new offense
b) two offenses to which the law attaches with lighter
sentence than that of the new offense
PAR. 10 V. PAR. 9
SIMILARITIES DIFFERENCES
REITERACTIO - both are based - necessary that the
N (PAR. 9) on the offender has served out
inclination of his sentence for the
the offender to prior offenses
commit crimes - applies to all crimes
punished under RPC or
SPL
RECIDIVISM - it is enough that there is
(PAR. 10) conviction by final
judgement in the prior
offense (regardless
whether sentence has
been served)
- both prior
subsequent offense
must be felonies
punished under
same title of RPC
PAR. 11 - PRICE, REWARD PAR. 12 - IFPESDU
OR PROMISE
1. there must be at least 2 1. the offender commits
or more offenders the crime by means of
2. the OFFENDER offers a either of the ff:
price, reward or promise
to ANOTHER who accepts a) inundation
it as the primary b) fire
consideration for the c) poison
commission of the crime d) explosion
e) stranding of a vessel or
international damage
thereto
f) derailment of a
locomotive
g) by the use of any other
artifice involving great
waste and ruin
2. such circumstances
does NOT qualify the
offense to another
crime
PAR. 13 - EVIDENT PREMIDITATION
1. the time when the offender determined to commit the
crime must be proven and established
2. acts manifestly indicating that the culprit has clung to his
determination
3. a sufficient lapse of time between the determination and
the execution, to allow him to reflect upon the
consequences of his act and to allow his conscience to
overcome the resolution of his will
notes by: ORBISO
PAR. 14 - CRAFT, FRAUD, DISGUISE
1. CRAFT - involves intellectual trickery and cunning
on the part of the accused; usually done in order to
arose the suspicion of the victim
2. FRAUD - insidious words or machinations used to
induce the victim to act in a manner which would
enable the offender to carry out his design
3. DISGUISE - resorting to any device for the
purposes of enabling the offender to conceal his
PAR. 15 - ABUSE OF SUPERIOR STRENGTH
- offender intentionally and purposely employs excessive
force out of proportion to the means of defense available
to the offended party.
NOT APPRECIATED:
1. assault characterize with Passion and Obfuscation
2. made during quarrel
3. attacks made on the victim Alternately NOT
Simultaneously
PAR. 16 - TREACHERY PAR. 17 - IGNONIMY
1. the crime committed is 1. the crime committed is
crime against persons classified as:
2. the offender deliberately
and
and consciously employs - crime against chastity
mean, methods and forms ( such as rape)
the in the execution of the - crime against persons
crime to insures its ( Phy. In. or murder)
execution without risk to
himself arising from the 2. the offender employed
defense which the means which brought
offended party might about the
make circumstances which
3. at the time of the attach, add ignominy to the
the victim was not in a natural effects of the
position to defend himself act
PAR. 18 - UNLAWFUL PAR. 19 - BROKEN WALL,
ENTRY ROOF, FLOOR, DOOR OR
WINDOW
- an entrance is effected - appreciated when the offender
by a way not intended breaks the wall, roof, floor,
for that purpose door, or window or parts
- must be means ti effect thereof as a means to commit
entrance and NOT to the crime
exit or escape - NOT necessary that the
offender should have entered
the building or made for the
purposes of entry
PAR. 20 - AID OF PERSONS UNDER 15 Y.O.. & USED OF
M.A.M.S
1. aid of persons under 15 y.o. (shows greater perversity of
the offender in educating an innocent to commit a crime)
2. used of Motor Vehicles, Motorized Watercraft, airships or
other similar means (motor vehicle was purposely used to
facilitate the commission of the crime)
PAR. 21 - CRUELTY
1. the crime committed is either classified as:
2. the injury caused is deliberately increased or augmented
by causing some other wrong
3. the other wrong is unnecessary for the execution of the
purpose of the offender
Difference between Cruelty and Ignominy
CRUELTY - involves PHYSICAL suffering
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CRIMINAL LAW 1 l TABLE OF ELEMENTS OF THE PROVISIONS IN RPC l notes by: ORBISO
& MINDANA

IGNOMINY - involves MORAL suffering

ART. 17 - ART. 17 - ART. 17 -
PRINCIPAL PRINCIPAL PRINCIPAL

DIRECT INDUCEMENT INDESPENSABLE

ART. 15 - ALTERNATIVE CIRCUMSTANCES PARTICIPATON COOPERATION
RELATI INTOXICATION DEGREE OF 1. materially 1. command must 1. direct
ONSHI INSTRUCTION execute the be obeyed participation in
P AND crime 2. cause of the Criminal
EDUCATION OF 2. must appear at consideration Design by
THE OFFENDER
the scene of 3. any other another act w/o
- AGGRAVATING AGGRAVATING the crime similar act w/c w//c the crime
3. perform acts constitutes real could not be
spouse, 1. intoxication is habitual (high degree of
necessary in and moving committed
ascend 2. if it is intentional or instruction -
the commission cause of the 2. voluntary and
ant, subsequent to the offender of the offense crime w/c was indispensable
descen plan to commit a deliberately take done for the cooperation
dant, felony advantage of his purpose of
legitim learning in forcing or
ate, MITIGATING committing the inducing such
natural 1. at the time of the crime) criminal act

or commission of the
adopte crime, the offender MITIGATING
d has taken a quantity (low degree of
brother of alcoholic drink In. - o. has lack ART. 18 - ACCOMPLICE
s or sufficient enough to of sufficient
1. Community of Design - knows the criminal
sister blur his reason and intelligence and
deprive him of a knowledge of design of the Principal by Direct Par. and he
certain degree of self- the full concurs
control significance of 2. cooperates in the execution of the offense by
3. such intoxication is his acts) Previous or Simultaneous Acts w/ intent of
NOT habitual or providing Material or Moral Aid in an
subsequent to the EXCEPT - efficacious way
plan to commit the TCCHR (Low D. 3. relationship between the acts done by the
felony of In. NOT
Principal and those attributed to persons
Mitigating)
charged as accomplice
1. treason
2. crime against
property
ART. 19 - ACCESSORIES
3. crime against
chastity 1. has knowledge of the commission of the crime
4. homicide or 2. w/o having participated therein
3. take part subsequently to its commission thru of the ff:
murder
5. rape a) by profiting or assisting the offender to profit from the
proceeds of the crime
b) concealing or destroying the corpus delicti; effects or
instruments to prevent discovery
RELATIONSHIP
c) harboring, concealing, assisting the escape of the
Principal (Obstruction of Justice - P.D. 1829)
CRIME AGAINST CRIME AGAINST CRIME
PROPERTY PERSONS AGAINST
PUBLIC OFFICER - acts w/ abuse of Pub. Functions liable
CHASTITY
whatever crime committed
AGGRAVATING - AGGRAVATING AGGRAVATIN
never 1. offended party is a G - regardless PRIVATE INDI. - if the Principal is guilty of - treason,
relative if a higher of degree attempt of life to the C.E.; murder; parricide
MITIGATING degree than that of
(RUFA) the o.
XPN - NO LIABILITY
1. robbery 2. always aggravating 1. light felonies
2. usurpation - serious physical 4. Principal to crime is either - spouse, ascendant
3. fraudulent injuries descendant ……
insolvency - homicide or murder
4. arson 3. RAPE - offended p is XPN TO THE XPN - HAS LIABILITY
the daughter of the - profiting themselves or assisting the offender to profit from
EXEMPTING offender. the proceeds of the crime.
(TEM)
1. theft MITIGATING -
5. estafa offended party is a
6. malicious relative of a lower
mischief it the degree than that of the
offender and o.
offends party
live together

LOOK-OUT:

PRINCIPAL - conspirator even in

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CRIMINAL LAW 1 l TABLE OF ELEMENTS OF THE PROVISIONS IN RPC l notes by: ORBISO
& MINDANA

LOOK-OUT: ORDINARY COMPLEX CRIME

COMPUND CRIMES COMPLEX CIRIME PROPER

planning (DELITO COMPUESTO) (DELITO COMPLEJO)
- whatever acts
performed must have a 2. SINGLE act produces: 2. 1 or some offenses
discretion to carry out a - 2 or more GRAVE f. necessary to commit the
particular action - 1 or more Grave & 1 or other
more LESS Grave F. 3. BOTH or ALL of the
ACCOMPLICE - indispensable or direct
- 2 or more LESS Grave F. offenses must be
participation (direct
punished under SAME
course of action)
- exerts command over statute.
other perpetrators (e.g.
if a police officer arrived
at the scene, he directs
the possible way to EXCEPTION TO THE APPLICATION OF CRIME
escape) COMPLEX

1. when crimes are

ART. 39 - SUBSIDIARY PENALTY punished by the RPC and
REQUISITES: CANNOT BE IMPOSED SPL
WHEN: (FESH) 2. when the law - rape with homicide
1. only for the “fine” and specifically fixes a SINGLE - robbery with homicide
NOT other pecuniary 1. failure to pay pecuniary P. for 2 or more offenses - robbery with rape
liabilities liabilities other than fine committed (SPECIAL - kidnapping with serious
2. the judgement of the 2. when penalty is fine and COMPLEX/ COMPOSITE physical injuries
conviction must impose penalty NOT to be CRIMES) - kidnapping with murder or
the subsidiary penalty executed by confinement homicide
instead of paying the fine and which has NO Fixed - kidnapping with rape
3. the convict cannot choose Duration
to serve the subsidiary 3. when subsidiary p. is NOT 3. when the law
penalty instead of paying stated and imposed in the specifically fixes a Single
the fine judgement of conviction Penalty when 2 offenses
4. penalty is higher than results from a SINGLE ACT
Prison Correctional
4. when the law imposes - malicious obt
“another penalty in
addition” to the crime
ART. 48 COMPLEX CRIMES
5. when the crimes have - Falsification of Private Doc.
ORDINARY C.C. - made of 2 or - penalty imposed common elements committed as a means to
1. compound more crime is the penalty for commit Estafa
crime being punished the MOST SERIOUS (Falsification)
2. complex crime in operate CRIME in its MAX - If the Estate can be
proper provisions in period committed w/o necessity of
RPC BUT alleged falsifying a doc (Estafa)
in 1 information.
6. when the crimes a) Prior crime committed
- offender has
involved are subject to was indispensable in
only 1 criminal
the rule of ABSORPTION committing the other,
intent
of 1 crime by the other then it would constitute
SPECIAL C.C. / - law specifically - penalty imposed an inherent element in
COMPOSITE fixes a Single is the penalty subsequent crime
CRIMES Penalty for 2 or specifically b) Prior crime committees is
more offenses provided for SCC considered as an
committed Aggravating circumstance
of the subsequent crime
CONTINUED - single crime a) there are series
CRIMES constitutes a of acts 7. when crime is
series of facts BUT b) such acts arise committed through
all arising from 1 out of a Negligence or Imprudence
CRIMINAL singular
RESOLUTION criminal
purpose and
resolution to
attain a definite ROBBERY WITH HOMICIDE (ELEMENTS)
objective 1. intent to commit robbery must precede the taking of human
c) all of such acts life
violates the 2. there must be criminal intent to rob
same criminal 3. constitutive elements of the crime (robbery & homicide)
offense as must be CONSUMMATED
defined

ORDINARY COMPLEX CRIME

COMPUND CRIMES COMPLEX CIRIME PROPER

(DELITO COMPUESTO) (DELITO COMPLEJO)

1. only a SINGLE act 1. at least 2 offenses

performed by the offender committed

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