CRIMINAL LAW 1
Free access to the courts and quasi-
MIDTERM REVIEWER
Criminal Law – that branch or division of law
which defines crimes, treats of their nature,
and provides for their punishment
Crime – an act committed or omitted in
violation of a public law forbidding or
commanding it.
– this is in violation of a general law
– does not only mean an act of doing,
but also of not doing
Sources of Philippine Criminal Law:
(R-S-P)
1. The Revised Penal Code and its
amendments
2. Special Penal Laws
3. Penal Presidential Decrees issued
during Martial Law
Limitations on The Power of the
Lawmaking body to Enact Penal
Legislation:
1. No ex post facto law
2. Bill of attainder
3. Law that violates the equal protection
clause of the constitution
4. Law which imposes cruel and unusual
punishments nor excessive fines
Constitutional Rights of The Accused
(Article III, Bill of Rights):
1. Right to a speedy disposition
2. No person shall be held to answer
without due process of law
3. Right to bail shall not be impaired even
when there is a suspension of the
privilege of the writ of habeas corpus
4. Right to be heard by himself and
counsel, to be informed
5. No person shall be compelled to be a
witness against himself
6. Excessive fines shall not be imposed ,
nor cruel, degrading or inhuman
punishment inflicted
7. No person shall be twice put in
jeopardy of punishment for the same
offense twice
8.
judicial bodies and adequate legal
assistance shall not be denied to any
person by reason of poverty
Statutory Rights of The Accused:
1. To be presumed innocent until proven
guilty
2. To be informed of the nature and cause
of the accusation against him
3. To be present and defend in person
and by counsel at every stage of
proceedings, from arraignment to
promulgation of the judgment
4. To testify as a witness in his own
behalf but subject to cross-
examination on matters covered by
direct examination
5. To be exempt from being compelled to
be a witness against himself
6. To confront and cross-examine the
witnesses against him at the trial
7. To have compulsory process issued to
secure the attendance of witnesses and
production of other evidence in his
behalf
8. To have a speedy, impartial and public
trial
9. To appeal in all cases allowed and in
the manner prescribed by law
Characteristics of Criminal Law:
(G-T-P)
1. General – it is binding on all persons
who live or sojourn in Philippine
territory
EXCEPTIONS:
a. Treaties or treaty
stipulations
b. Law of preferential
application
c. Principles of public
international law
Persons exempt from the operation of our
criminal laws by virtue of the principles of
public international law*:
 I. Sovereigns and other chiefs of EXCEPTIONS TO THE EXCEPTIONS:
state; a. where the new law is expressly
II. Ambassadors, ministers made inapplicable to pending
plenipotentiary, ministers actions or existing causes of action;
resident, and charges d’affaires b. where the offender is a habitual
*exempt because of the agreements of the criminal
United Nations due to the fact that these are
the representatives from one government to *always remember that the penalties should be
another government. LESS EVIL when the accused is NOT A
*a consul is not entitled to the privileges and HABITUAL DELINQUENT.
immunities of an ambassador or minister, BUT
he is subject to the laws and regulations of the Construction of Penal Laws:
country to which he is accredited.
1. Penal laws are strictly construed
2. Territory – undertake to punish crimes against the Government and liberally
committed within Philippine territory in favor of the accused.
EXCEPTIONS: 2. Construction or interpretation of the
a. offenses committed while provisions of the RPC, the Spanish
on a Philippine ship or text is controlling.
airship;
b. forging or counterfeiting
any coin or currency note of
the Philippine government
or obligations and securities
issued by the Government of
the Philippines;
c. liable for acts connected
with the introduction into
the Philippines of the
obligations and securities
that are forged or
counterfeited;
d. offenses committed while in
the exercise of their
functions as public officers
or employees;
e. offenses committed against
national security and the
law of nations (Title 1, Book
2, RPC)

3. Prospective – penal laws cannot make

an act punishable in a manner in which
it was not punishable when committed
(EX POST FACTO LAWS)
EXCEPTIONS:
a. when a new statute
establishes conditions
more lenient or favorable to
the accused, then it can be
given retroactive effect.
ARTICLE 1. This Code shall take effect on
the first day of January, nineteen hundred
and thirty-two.
Theories in Criminal Law:
1. Classical Theory – man is aware of
right versus wrong, but chooses to
commit a wrong in which it is thereby
punished as vengeance for a wrongful
(or criminal) act
Characteristics of the classical theory:
a. basis of criminal liability is
human free will and the purpose
of the penalty is retribution;
b. man is essentially a moral
creature, and placing more
stress upon the effect or result of
the felonies act than upon the
man, himself.
c. Establishes a mechanical and
direct proportion between crime
and penalty.
d. Scant regard to the human
element
2. Positivist Theory – considers the
factors that could have caused man to
commit a crime, such as hunger or
extreme poverty
Characteristics of the positivist theory:
a. man is subdues occasionally by a
strange and morbid
phenomenon which constraints
him to do wrong
b. crime is essentially a social and
natural phenomenon, and it
cannot be treated and checked
by the application of abstract
principles of law and
jurisprudence nor by the
imposition of a punishment
ARTICLE 2. Except as provided in the
treaties and laws of preferential
application, the provisions of this Code
shall be enforced not only within the
Philippine Archipelago, including its
atmosphere, its interior waters and
maritime zone, but also outside of its
jurisdiction, against those who:
1. Should commit an offense while on a
Philippine ship or airship;
2. 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;
3. Should be liable for acts connected
with the introduction into these
Islands of the obligations and
securities mentioned in the
preceding number;
4. While being public officers or
employees, should commit an
offense in the exercise of their
functions; or
5. Should commit any of the crimes
against national security and the
law of nations, defined in Title One
of Book Two of this Code.
RULES:
1. Philippine Vessels
a. Still considered within the
national territory even if
beyond three miles from the
seashore
b. Must be registered in the
Philippine Bureau of Customs
for it to be considered as a
Philippine vessel or airship
2. Crimes that may be committed in the
exercise of public functions
a. Direct bribery (Art. 210)
b. Indirect bribery (Art. 211)
c. Frauds against the public
treasury (Art. 213)
d. Possession of prohibited
interest (Art. 216)
e. Malversation of public funds or
property (Art. 217)
f. Failure of accountable officer to
render accounts (Art. 218)
g. Illegal use of public funds or
property (Art. 220)
h. Failure to make delivery of
public funds or property (Art.
221)
 i.Falsification by a public officer
or employee committed with
abuse of his official position
(Art. 171)
3. Crimes against national security
a. Treason (Art. 114)
b. Conspiracy and proposal to
commit treason (Art. 115)
c. Espionage (Art. 117)
d. Inciting to war and giving
motives for reprisals (Art. 118)
e. Violation of neutrality (Art.
119)
f. Correspondence with hostile
country (Art. 120)
g. Flight to enemy’s country (Art.
121)
h. Privacy and mutiny on the high
seas (Art. 122)
Rules as to jurisdiction over crimes
committed aboard foreign merchant
vessels:
1. French Rule – 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.
2. English Rule – crimes are triable in
that country, unless they merely
affect things within the vessel or
they refer to the internal
management thereof.
*The Philippines follows the English Rule.
ARTICLE 3. Acts and omissions punishable
by law are felonies.
Felonies are committed not only by means
of deceit (dolo) but also by means of fault
(culpa).
There is deceit when the act is performed
with deliberate intent; and there is fault
when the wrongful act results from
imprudence, negligence, lack of foresight,
or lack of skill.
Felonies – are acts and omissions punishable
by the RPC.
Crime – are acts and omissions punishable
by any law
Act – any bodily movement tending to
produce some effect in the external world
Omission – failure to perform a duty required
by law; a voluntary act
Elements of Felonies:
(A-P-M)
1. There must be an act or omission
2. The act or omission must be
punishable by the RPC
3. The act is performed or the omission
incurred by means of dolo or culpa
NULLUM CRIMEN, NULLA POENA SINE
LEGE (there is no crime when there is no law
punishing it)
Classification of Felonies according to the
mean by which they are committed:
1. Intentional Felonies – the act or
omission by the offender is malicious
a. These are felonies committed
with deceit (dolo)
b. Dolus = malice, the intent to do
an injury to another
Requisites of dolo or malice:
 Freedom while doing an act or
omitting to do an act
o a person who acts under
the compulsion of an
IRRESISTIBLE force is
exempt from criminal
liability
o a person who acts under
the impulse of an
UNCONTROLLABLE fear
of an equal or greater
injury is exempt from
criminal liability
 Intelligence while doing the act
or omitting to do the act
 Intent while doing the act or
omitting to do the act
Mistake of fact – relieves the accused
from criminal liability; a
misapprehension of fact on the part of
 the person who caused injury to person performing the act complained to be
another innocent
Requisites of mistake of fact
as a defense: Reasons why the act or omission in
 act would have been lawful felonies must be voluntary:
had the facts been as the
accused believed them to be 1. RPC continues to base on the Classical
 intention of the accused in Theory, which the basis of criminal
performing the act should be liability is human free will
lawful 2. Acts or omissions punished by the law
 mistake must be without fault are always deemed voluntary since
or carelessness on the part of man is a rational being
the accused 3. Felonies by dolo, act is performed with
deliberate intent;
*In mistake of fact, the act done by the accused Felonies by culpa, imprudence consists
would have constituted: justifying voluntarily without malice, failing to
circumstances, an absolutory cause, or an do an act from which material injury
involuntary act results
*Error in personae or mistake in identity of the
victim, the principle of mistake of fact does not Requisites of culpa or fault:
apply  Freedom while doing an act or
omitting to do an act
Criminal intent is necessary in felonies  Intelligence while doing the act
committed by dolo: or omitting to do the act
 Imprudent, negligent, or lacks
Criminal intent is necessary in felonies foresight while doing the act or
committed by means of dolo because of these omitting to do the act
legal maxims:
 Actus non facit reum nisi mens sit rea – Mala In Se VS. Mala Prohibita
the act itself does not make a man
guilty unless his intentions were so MALA IN MALA
 Actus me invite factus non est meus SE PROHIBITA
actus – an act done by me against my Moral trait
Considere
will is not my act of the Not Considered
d
offender
NOT a defense;
2. Culpable Felonies – the act or omission intent is not
Valid
by the offender is not malicious necessary-
defense,
a. These are committed without sufficient that
UNLESS
deceit, but with fault (culpa) Good faith the offender
the crime
b. Imprudence indicates a as a defense has the intent
is in the
deficiency of nature (lack of to perpetrate
result of
skill) the act
culpa
c. Negligence indicates a prohibited by
deficiency of perception (lack of the special law
foresight) Degree of Taken into
Taken
accomplish account only
into
*A criminal act is presumed to be voluntary. ment of the when
account
Fact prevails over assumption. crime consummated
*Actus non facit reum, nisi mens sit rea – a Mitigating & Taken GENERALLY
crime is not committed if the mind of the aggravating into not taken into
circumstanc account in account
 imposing
e
penalties 1. That an intentional felony has been
When committed
there is 2. That the wrong done to the aggrieved
more than party be direct, natural, and logical
Degree of one GENERALLY consequence of the felony committed
participatio offender, not taken into
n it is taken account Since the offender is still motivated by
into criminal intent, the offender is still
considera criminally liable in crimes which are:
tion a. Error in personae – mistake in identity
General Rule: b. Abberatio ictus – mistake in blow
Laws General c. Praetor intentionem – lack of intent to
Special Penal
violated Rule: RPC commit so grave a wrong
Laws

Intent VS. Motive *If a man creates in another person’s mind an

immediate sense of danger, which causes such
INTENT MOTIVE person to try to escape, and, in so doing, the
Purpose to use a latter injures himself, the man who creates
Moving power which such state of mind is responsible for the
particular means to
impels one to act resulting injuries
effect a result
Element of crime
except in crimes Not an element of Proximate Cause – that cause, which, in
committed with crime natural and continuous sequence, unbroken
culpa by any efficient intervening cause, produces
Essential only when the injury, and without which the result
Essential in would not have occurred.
the identity of the
intentional felonies
felon is in doubt
Proximate Legal Cause – that acting first and
ARTICLE 4. Criminal liability shall be producing the injury, either immediately, or
incurred: by setting other events in motion, all
constituting a natural and continuous chain of
1. By any person committing a felony events, each having a close causal connection
(delito) although the wrongful act with its immediate predecessor
done be different from that which
he intended. *There must be a relation of “cause and effect”;
2. By any person performing an act the cause being the felonious act of the
which would be an offense against offender, the effect being the resultant injuries
persons or property, were it not for and/or death of the victim
the inherent impossibility of its
accomplishment or on account of Death of the victim is presumed to be the
the employment of inadequate or natural consequence of physical injuries
ineffectual means. inflicted when:

Paragraph 1. Criminal liability for a felony
committed different from that which was
intended
El que es causa de la causa del mal causado –
he who is the cause of the cause is the cause of
the evil caused
Requisites of Par1, Art4:
1. The victim at the time of the physical
injuries were inflicted was in normal
health
2. That death may be expected from the
physical injuries inflicted
3. That death ensued within a reasonable
time
Paragraph 2. Impossible Crimes
 Requisites of impossible crime:
1. The act performed would be an offense
against persons or property
2. The act done was with evil intent
3. That its accomplishment in inherently
impossible, or that the means
employed is either inadequate or
ineffectual
4. The act performed should not
constitute a violation of another
provision of the RPC
*There should be either legal impossibility or
physical impossibility of accomplishing the
intended act.
Purpose of the law in punishing the
impossible crime:
To suppress criminal propensity or criminal
tendencies. Objectively, the offender has not
committed a felony, but subjectively, he is a
criminal.
ARTICLE 5. Whenever a court has
knowledge of any act which it may deem
proper too repress and which is not
punishable by law, it shall render the
proper decision and shall report to the
Chief Executive, through the Department
of Justice, the reasons which induce the
court to believe that said act should be
made the subject of penal legislation.
In the same way, the court shall submit it
the Chief Executive, through the
Department of Justice, such statement as
may be deemed proper, without
suspending the execution of the sentence,
when a strict enforcement of the
provisions of this Code would result in the
imposition of a clearly excessive penalty,
taking into consideration the degree of
malice and the injury caused by the
offense.
Paragraph 1. Trial of a criminal case
Requisites:
1. Act committed by the accused appears
not punishable by any law
2. The court deems it proper to repress
such act
3. The court must render the proper
decision by dismissing the case and
acquitting the accused
4. The judge must then make a report to
the Chief Executive, through the
Secretary of Justice, stating the reasons
which induce him to believe that the
said act should be made the subject of
penal legislation.
Basis of the paragraph:
Nullum crimen, nulla poena sine lege – there is
no crime if there is no law that punishes the act
Paragraph 2. Cases of excessive penalties
Requisites:
1. The court after trial finds the accused
guilty
2. The penalty provided by law and
which the court imposes for the crime
committed appears to be clearly
excessive, because
a. The accused acted with lesser
degree of malice, and
b. There is no injury or the injury
caused is of lesser gravity
3. The court should not suspend the
execution of the sentence
4. The judge should submit a statement
to the Chief Executive, through the
Secretary of Justice, recommending
executive clemency
*Article 5 of the RPC may not be invoked in
cases involving acts mala prohibita, because
said article only applies to acts mala in se.
ARTICLE 6. Consummated felonies, as well
as those which are frustrated and
attempted, are punishable.
A felony is consummated when all the
elements necessary for its exception and
accomplishment are present; and it is
frustrated when the offender performs all
the acts of execution which would produce
the felony as a consequence but which,
nevertheless, do not produce it by reason
of causes independent of the will of the
perpetrator.
There is an attempt when the offender
commences the commission of a felony
directly by overt acts, and does not
perform all the acts of execution which
should produce the felony by reason of
some cause or accident other than his own
spontaneous desistance.
Consummated Felony – all the elements
necessary for the execution and
accomplishment are present
Frustrated Felony – offender performs all the
acts of execution which would produce the
felony as a consequence but which,
nevertheless, do not produce it by reason of
causes independent of the will of the
perpetrator
Attempted Felony – offender commences the
commission of a felony directly by overt acts,
and does not perform all the acts of execution
which should produce the felony by reason of
some cause or accident other than his own
spontaneous desistance
Overt acts – 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 course,
without being frustrated by external obstacles
nor by the voluntary desistance of the
perpetrator, will logically and necessarily
ripen into concrete offense
Development of crime:
1. Internal acts – mere ideas in the mind
of a person, are not punishable even
if, had they been carried out, they
would constitute a crime
2. External acts
a. Preparatory acts – ordinarily,
not punishable; except when
the law provides for their
punishment in certain felonies
b. Acts of execution – they are
punishable under the RPC
Stages of the Acts of Execution:
1. Attempted Felony
Elements of attempted felonies:
a. offender commences the
commission of the felony directly
by overt acts
b. does not perform all the acts of
execution which should produce
the felony
c. offender’s acts is not stopped by
his own spontaneous desistance
d. non-performance of all acts of
execution was due to cause or
accident other than his
spontaneous desistance
Indeterminate Offense – purpose of the
offender in performing an act is not
certain. Its nature in relation to its
objective is ambiguous
*The intention of the accused must be
ascertained from the facts and,
therefore, it is necessary tjat the mind
be able to directly infe from them the
intention of the perpetrator to cause a
particular injury
*Only offenders who personally execute
the commission of a crime can be guilty
of attempted felony.
*Desistance should be made before all
acts of execution are performed
Subjective Phase of the Offense – that
portion of the acts constituting the
crime, starting from the point where
the offender begins the commission of
the crime to that point where he has
still control over his acts, including
their natural course; if the offender is
stopped by any cause outside of his
own voluntary desistance, the
subjective phase has no been passed
and it is an attempt.
2. Frustrated Felony
Elements of frustrated felonies:
a. offender performs all the acts of
execution
 b. all the acts performed would
produce the felony as a
consequence
c. but the felony is not produced
d. by reason of causes independent
of the will of the perpetrator
3. Consummated Felony
Manner of committing the crime
1. Formal crimes – consummated in one
instant, no attempt (e.g. Slander, False
Testimony, Adultery)
2. Crimes consummated by mere attempt
or proposal or by overt act (e.g.
Corruption of minors, Flight to one’s
enemy country)
3. Felony by omission – no attempted
stage because there is no act
performed in the first place
4. Crimes requiring the intervention of
two persons to commit them are
consummated by mere agreement
5. Material crimes – when the crime is
not consummated in one instant or by
a single act (e.g. consummated rape,
attempted homicide)
ARTICLE 7. Light felonies are punishable
only when they have been consummated,
with the exception of those committed
against persons or property.
Light felonies – infractions of law for the
commission of which the penalty of arresto
menor or a fine not exceeding Php200, or
both, is provided
Light felonies punished by the RPC:
a. Slight physical injuries (Art.
266)
b. Theft (Art. 309, par7&8)
c. Alteration of boundary marks
(Art. 313)
d. Malicious mischief (Art. 328,
par3; Art. 329, par3)
e. Intriguing against honor (Art.
364)
*ARRESTO MENOR = 1 day to 30 days
imprisonment
General Rule: Light felonies are punishable
only when they have been consummated
Exception: Light felonies committed
against persons or property, are
punishable even if attempted or
frustrated
Reason for exception: moral
depravity
ARTICLE 8. Conspiracy and proposal to
commit felony are punishable only in the
cases in which the law specially provides a
penalty therefor.
A conspiracy exists when two or more
persons come to an agreement concerning
the commission of a felony and decide to
commit it.
There is proposal when the person who
has decided to commit a felony proposes
its execution to some other person or
persons.
General Rule: Conspiracy and proposal to
commit a felony are not punishable
Exception: They are punishable only
in the cases in which the law specially
provides a penalty therefor.
Reason for exception: conspiracy and
proposal to commit a crime are only
preparatory acts, and the law regards
them as innocent or at least
permissible except in rare and
exceptional cases
When the conspiracy relates to a crime
actually committed, it is not a felony but
only a matter of incurring criminal liability,
that is, when there is conspiracy, the act of
one is the act of all.
When the conspiracy is only a manner of
incurring criminal liability, it is not
punishable as a separate offense
General Rule: The act of one is the act of all
Exception: Unless one or more of the
conspirators committed some other
 crime which is not part of the intended
crime
Exception to the exception:
when the act constitutes an
indivisible offense
Requisites of Conspiracy:
1. Two or more persons come to an
agreement
2. The agreement concerned the
commission of a felony
3. The execution of the felony be decided
upon
Concepts of Conspiracy:
1. As a crime itself (e.g. conspiracy to
commit rebellion, treason, coup d’ etat,
sedition, insurrection)
2. Merely as a means to commit a crime
Requisites of Proposal:
1. A person has decided to commit a
felony
2. That he proposes its execution to some
other person or persons
ARTICLE 9. Grave felonies are those which
the law attaches the capital punishment or
penalties which in any of their periods are
afflictive, in accordance with Article 25 of
this Code.
2. To determine the prescription of the
crime and the penalty
Penalties (Imprisonment):
1. Grave felonies – afflictive penalties; 6
years and 1 day to reclusion perpetua
(life imprisonment)
2. Less grave felonies – correctional
penalties; 1 month and 1 day to 6 years
3. Light felonies – arresto menor; 1 day to
30 days
ARTICLE 10. Offenses which are or in the
future may be punishable under special
laws are not subject to the provisions of
this Code. This Code shall be
supplementary to such laws, unless the
latter should specially provide the
contrary.
General Rule: The RPC shall be
supplementary to special laws
Exceptions:
1. When the special law provides
otherwise
2. When the provision of the RPC are
impossible of application, either by
express provision or by necessary
implication

Less grave felonies are those which the law

punishes with penalties which in their
maximum period are correctional, or in
accordance with the above-mentioned
article.

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.

Importance of Classification:

1. To determine whether the felonies can

be complexed or not
 1. Anyone who acts in defense of his
SPECIAL person or rights, provided that the
RPC
LAWS following circumstances concur:
Prision
correcciona First. Unlawful aggression;
Imprisonmen l, prision Second. Reasonable necessity
Terms
t mayor, of the means employed to
arresto prevent or repel it;
mayor, etc Third. Lack of sufficient
General Rule: provocation on the part of the
NOT person defending himself.
Attempted
punishable
or 2. Anyone who acts in the defense of
Exception: Punishable
Frustrated the person or rights of his spouse,
Unless
Stages ascendants, descendants, or
otherwise
stated legitimate, natural, or adopted
Plea of brothers or sisters, or of his
guilty as relatives by affinity in the same
mitigating No Yes degrees, and those by consanguinity
circumstanc within the fourth civil degree,
e provided that the first and second
Minimum, requisites prescribed in the next
medium and Not preceding circumstance are present,
Yes and the further requisite, in case the
maximum applicable
periods provocation was given by the
General Rule: person attacked, that the one
None making the defense had no part
Penalty for therein.
Exception:
accessory or Yes 3. Anyone who acts in defense of the
Unless
accomplice person or rights of a stranger,
otherwise
stated provided that the first and second
requisites mentioned in the first
Suppletory Application of the RPC: circumstance of this article are
present and that the person
1. Subsidiary Penalty defending be not induced by
2. Civil Liability revenge, resentment or other evil
3. Rules on Service of Sentence motive.
4. Definition on Principals, Accomplices 4. Any person who, in order to avoid
and Accessories an evil or injury, does an act which
5. Principle of Conspiracy causes damage to another, provided
that the following requisites are
*When the special law adopts the penalties present:
imposed in the RPC, the provisions of the RPC
on imposition of penalties based on stages of First. That the evil sought to
execution, degree of participation and be avoided actually exists;
attendance of mitigating and aggravating Second. That the injury
circumstances may be applied by necessary feared be greater than that
implication done to avoid it.
Third. That there be no other
ARTICLE 11. The following do not incur practical and less harmful
any criminal liability: means of preventing it.
 5. Any person who acts in the
fulfillment of a duty or in the lawful
exercise of a right or office.
6. Any person who acts in obedience to
an order issued by a superior for
some lawful purpose.
Justifying Circumstance – where the act of a
person is in accordance with law such that
said person is deemed not to have violated the
law
General Rule: No criminal and civil liability is
incurred
Exception: There is civil liability with
respect to paragraph 4 where the
liability is borne by persons who were
benefited by the act
Burden of Proof: It is incumbent upon the
accused to prove the justifying circumstance
claimed by him to the satisfaction of the court
Paragraph 1. Self-defense
Requisites of Self-defense:
1. Unlawful aggression
a. It is an indispensable
requirement
b. There must be actual physical
assault or aggression or an
immediate and imminent
threat, which must be offensive
and positively strong, showing
the wrongful intent to cause an
injury
c. The defense must have been
made during the existence of
aggression, otherwise, it is no
longer justifying
d. While generally an agreement
to fight does not constitute
unlawful aggression, violation
of the terms of the agreement to
fight is considered an exception
2. Reasonable necessity of the means
employed to prevent or repel it
Test of Reasonableness depends
on:
a. Weapon used by the aggressor
b. Physical condition, character,
size and other circumstances of
the aggressor
c. Physical condition, character,
size and other circumstances of
person defending himself
d. Place and occasion of assault
3. Lack of sufficient provocation on the
part of the person defending himself
Reason: the one defending himself must
not have given cause for the aggression
by his unjust conduct or by inciting or
provoking the assailant
Rights included in self-defense:
1. Defense of person
2. Defense of rights protected by law
3. Defense of property (only if there is
also an actual and imminent danger
on the person of the one defending)
4. Defense of chastity
Kinds of Self-defense:
1. self-defense of chastity – there must be
an attempt to rape the victim
2. defense of property – must be coupled
with an attack on the person of the
owner or on one entrusted with the
care of such property
3. self-defense in libel – justified when
the libel is aimed at a person’s good
name
*VAWC is exempt from criminal and civil
liability despite the absence of the
necessary justifying elements
Paragraph 2. Defense of Relatives
Relatives that can be defended:
1. Spouse
2. Ascendants
3. Descendants
4. Legitimate, natural or adopted brother
and sisters, or relatives by affinity in
the same degrees
 5. Relatives by consanguinity within the
fourth civil degree
Requisites of Defense of relatives:
1. Unlawful aggression
2. Reasonable necessity of the means
employed to prevent or repel it
3. In case the provocation was given by
the person attacked, the one making a
defense had no part therein
Paragraph 3. Defense of Stranger
Requisites of Defense of stranger:
1. Unlawful aggression
2. Reasonable necessity of the means
employed to prevent or repel it
3. The person defending be not induced
by revenge, resentment, or other evil
motive
Strangers – any person not included in the
enumeration of relatives mentioned in
paragraph 2
Paragraph 4. Avoidance of greater evil or
injury
Elements of Avoidance:
1. The evil sought to be avoided actually
exists
2. The injury feared be greater than that
done to avoid it
3. That there be no other practical and
less harmful means of preventing it
Paragraph 5. Fulfillment of Duty or Lawful
exercise of right or office
Requisites of Fulfillment of duty:
1. The accused acted in the performance
of a duty or in the lawful exercise of a
right or office
2. 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
Paragraph 6. Obedience to an order issued
for some lawful purpose
Requisites:
1. That an order has been issued by a
superior
2. That such order must be for some
lawful purpose
3. That the means used by the
subordinate to carry out said order is
lawful
General Rule: Subordinate cannot invoke this
circumstance when order is patently illegal
Exception: When there is compulsion
of an irresistible force, or under
impulse of uncontrollable fear
*The superior officer giving the order cannot
invoke this justifying circumstance. Good faith
is material, as the subordinate is not liable for
carrying out an illegal order if he is not aware
of its illegality and he is not negligent
ARTICLE 12. The following are exempt
from criminal liability:
1. An imbecile or an insane person,
unless the latter has acted during a
lucid interval.
When the imbecile or an insane
person has committed an act which
the law defines as a felony, the court
shall order his confinement in one
of the hospitals or asylums
established for persons thus
afflicted, which he shall not be
permitted to leave without first
obtaining the permission of the
same court.
2. A person under nine years of age.
3. A person over nine years of age and
under fifteen, unless he has acted
with discernment, in which case,
such minor shall be proceeded
against in accordance with the
provisions of Article 80 of this Code.
When such minor is adjudged to be
criminally irresponsible, the court,
 in conformity with the provisions of
this and the preceding paragraph,
shall commit him to the care and
custody of his family who shall be
charged with his surveillance and
education; otherwise, he shall be
committed to the care of some
institution or person mentioned in
said Article 80.
4. Any person who, while performing a
lawful act with due care, causes an
injury by mere accident without
fault or intention of causing it.
5. Any person who acts under the
compulsion of an irresistible force.
6. Any person who acts under the
impulse of an uncontrollable fear of
an equal or greater injury.
7. Any person who fails to perform an
act required by law, when
prevented by some lawful or
insuperable cause.
Exempting Circumstances – grounds for
exemption from punishment because there is
wanting in the agent of the crime any of the
conditions which make the act voluntary or
negligent
Basis: The exemption is based on the
complete absence of intelligence, freedom of
action, or intent, or on the absence of
negligence on the part of the accused
Burden of Proof: Any of the circumstances is
a matter of defense and the same must be
proved by the defendant to the satisfaction of
the court
Paragraph 1. Imbecility or Insanity
Imbecile – one while advanced in age has a
mental development comparable to that of
children between 2 and 7 years old. He is
exempt in call cases from criminal liability
Insanity – one who acts with complete
deprivation of intelligence/reason without
the least discernment or with total
deprivation of freedom of will. Mere
abnormality of the mental faculties will not
exclude imputability
General Rule: Exempt from criminal liability
Exception: The act was done during a
lucid interval
*Dementia Praecox or Schizophrenia – the
most common from of psychosis that is covered
by the term of insanity; a chronic mental
disorder characterized by inability to
distinguish between fantasy and reality and
often accompanied by hallucinations and
delusions
Paragraph 3. Person Over 9 and under 15
Acting Without Discernment
*Amended by RA 9344: “Child above fifteen
(15) years but below eighteen (18) years of
age shall be exempt from criminal liability.
However, the child shall be subject to an
intervention program pursuant to Section 20
of this Act.”
Periods of Criminal Responsibility:
1. Age of absolute irresponsibility – 15
years and below (infancy)
2. Age of conditional responsibility – 15
years and 1 day to 18 years
3. Age of full responsibility – 18 years or
over to 70 (maturity)
4. Age of mitigated responsibility – 15
years and 1 day to 18 years, the
offender acting with discernment; over
70 years of age
Discernment – mental capacity to fully
appreciate the consequences of the unlawful
act, which is shown by the:
1. manner the crime was committed
2. conduct of the offender after its
commission
Paragraph 4. Accident Without Fault or
Intention of Causing It
Elements:
1. A person is performing a lawful act
2. With due care
3. He causes an injury to another by mere
accident
4. Without fault or intention of causing it
Paragraph 5. Irresistible Force
Irresistible force – offender uses violence or
physical force to compel another person to
commit a crime
Elements:
1. The compulsion is by means of
physical force
2. The physical force must be irresistible
3. The physical force must come from a
third person
*Force must be irresistible so as to reduce the
individual to a mere instrument
Paragraph 6. Uncontrollable Fear
Uncontrollable fear – offender employ
intimidation of threat in compelling another
to commit a crime
Duress – use of violence or physical force
Elements:
1. The threat which causes the fear is of
an evil greater than or at least equal to,
that which he is required to commit
2. That it promises an evil of such gravity
and imminence that the ordinary man
would have succumbed to it.
*Duress as a valid defense should be based on
real, imminent, or reasonable fear for one’s life
or limb and should not be speculative, fanciful,
or remote fear. A threat of future injury is not
enough.
Actus Me Invito Factus Non Est Meus Actus –
an act done by me against my will is not my act
Paragraph 7. Insuperable Cause
Insuperable Cause – some motive, which has
lawfully, morally or physically prevented a
person to do what the law commands
Elements:
1. That an act is required nu law to be
done
2. That a person fails to perform such act
3. That his failure to perform such act
was due to some lawful or insuperable
clause
Absolutory Causes – where the act committed
is a crime but for some reason of public policy
and sentiment, there is no penalty imposed.
Exempting and justifying circumstances are
absolutory causes.
Examples of Absolutory Causes:
a. spontaneous desistance (Art. 6)
b. accessories exempt from criminal
liability (Art. 20)
c. death or physical injuries inflicted
under exceptional circumstances (Art.
247)
d. persons exempt from criminal liability
from theft, swindling, malicious
mischief (Art. 332)
e. instigation
*Entrapment is NOT an absolutory cause. A
buy-bust operation conducted in connection
with illegal drug-related offenses is a form of
entrapment.
 h. Marriage of the offender with
ENTRAPMENT INSTIGATION the offended party when the
The ways and means Instigator practically crime committed is rape,
are resorted to for the induces the would-be abduction, seduction, or acts of
purpose of trapping accused into the lasciviousness.
and capturing the commission of the i. Instigation
lawbreaker in the offense and himself 5. Guilt of the accused not established
execution of his becomes a co- beyond reasonable doubt.
criminal plan principal 6. Prescription of crimes.
NOT a bar to Accused will be 7. Pardon by the offended party before
accused’s prosecution acquitted the institution of criminal action in
and conviction crime against chastity.
NOT an absolutory Absolutory cause
cause ARTICLE 13. The following are mitigating
circumstances:
xxxxx
1. Those mentioned in the preceding
Complete defenses in criminal cases: chapter, when all the requisites
necessary to justify the act or to
1. Any of the essential elements of the exempt from criminal liability in the
crime charged is not proved by the respective cases are not attendant.
prosecution and the elements proved 2. That the offender is under eighteen
do not constitute any crime. years of age or over seventy years.
2. Act of the accused falls under any of In the case of the minor, he shall be
the justifying circumstances. proceeded against in accordance
3. The case of the accused falls under any with the provisions of Article 80.
of the exempting circumstances. 3. That the offender had no intention
4. The case is covered by any of the to commit so grave a wrong as that
absolutory causes: committed.
a. Spontaneous desistance during 4. That sufficient provocation or
attempted stage and no crime threat on the part of the offended
under another provision of the party immediately preceded the act.
Code or other penal law 5. That the act was committed in the
committed. immediate vindication of a grave
b. Light felony is only attempted offense to the one committing the
or frustrated, and is not against felony, his spouse, ascendants,
persons or property. descendants, legitimate, natural or
c. The accessory is a relative of adopted brothers or sisters, or
the principal. relatives by affinity within the same
d. Legal grounds for arbitrary degrees.
detention. 6. That of having acted upon an
e. Legal grounds for trespass. impulse so powerful as naturally to
f. The crime of theft, swindling or have produced passion or
malicious mischief is committed obfuscation.
against a relative. 7. That the offender has voluntarily
g. When only slight or less serious surrendered himself to a person in
physical injuries are inflicted by authority or his agents, or that he
the person who surprised his had voluntarily confessed his guilt
spouse or daughter in the act of before the court prior to the
sexual intercourse with another presentation of the evidence for the
person. prosecution.
8. That the offender is deaf and dumb,
blind or otherwise suffering some
 physical defect which thus restricts This applies when NOT ALL THE REQUISITES
his means of action, defense, or are present. If two requisites are present, it is
communication with his fellow considered a privileged mitigating
beings. circumstance. However, in reference to Article
9. Such illness of the offender as would 11(4) if any of the last two requisites in
diminish the exercise of the will- absent, there is only an ordinary mitigating
power of the offender without circumstance. Remember though, that in self-
however depriving him of defense, defense of relative or stranger,
consciousness of his acts. unlawful aggression must always be present
10. And, finally, any other as it is an indispensable requirement
circumstances of a similar nature
and analogous to the above- Paragraph 2. Under 18 or Over 70 Years
mentioned. Old

PRIVILEGED ORDINARY Diversion – an alternative, child-appropriate

MITIGATING MITIGATING process of determining the responsibility and
Offset by Cannot be Can be offset treatment of a child in conflict with the law on
any offset by a generic the basis of his/her social, cultural, economic,
aggravating aggravating psychological, or educational background
circumstanc circumstance without resulting to formal court proceedings
e
Effect on Effect of If not offset, Diversion Program – the program that the
penalty imposing the has the effect child in conflict with the law is required to
penalty by 1 of imposing undergo after he/she is found responsible for
or 2 degrees the minimum an offense without resorting to formal court
lower than period of the proceedings
that provided penalty
by law A child in conflict with the law may undergo
Kinds Minority, Those conferencing, mediation or conciliation
(Sources) Incomplete circumstance outside the criminal justice system or prior to
Self-defense, s his entry into said system.
Two or more enumerated
mitigating in paragraph Paragraph 3. No Intention to Commit so
circumstance 1 to 10 in Grave a Crime
s without any Article 13
aggravating The circumstance can be taken into account
circumstance only when the facts proven shoe that there is
(has the a notable and evident disproportion between
effect of the means employed to execute the criminal
lowering the act and its consequences
penalty by
one degree) Factors that can be considered are:

Mitigating circumstances – those which if 1. Weapon used

present in the commission of the crime 2. Injury inflicted
reduces the penalty of the crime but does not 3. Part of the body injured
erase criminal liability nor change the nature 4. Attitude of the mind at the time of the
of the crime commission of the crime

Paragraph 1. Incomplete Justifying or This provision addresses the intention of the

Exempting Circumstances offender at the particular moment when the
offender executes or commits the criminal at,
not his intention during the planning stage.
 lapse of time is allowed between the
In crimes against persons who do not die as a vindication and the doing of the grave
result of the assault, the absence of the intent offense.
to kill reduces the felony to mere physical
injuries, but it does not constitute a mitigating “Immediate” allows for a lapse of time, as long
circumstance under Art. 13, Par. 3. as the offender is still suffering from the
mental agony brought about by the offense to
It is not applicable to felonies by negligence him. (proximate time, not just immediately
because in felonies through negligence, the after)
offender acts without intent. The intent in
intentional felonies is replaced by negligence
or imprudence. There is no intent on the part PROVOCATION VINDICATION
of the offender, which ay be considered as Made directly only to Grave offense may
diminished. the person be committed also
committing the against the
Paragraph 4. Provocation and Threat felony offender’s relatives
mentioned by the
Provocation – any unjust or improper conduct law
or act of the offended party, capable of The cause that Offended party
exciting, inciting, or irritating any one. brought about the must have done a
provocation NEED grave offense to the
Requisites of Provocation: NOT be a grave offender OR his
offense relatives mentioned
1. The provocation must be sufficient by the law
2. That it must originate from the It is necessary that The grave offense
offended party the provocation of may be proximate,
3. That the provocation must be threat IMMEDIATELY which admits of an
immediate to the act preceded the act interval of time
between the grave
When there is an interval of time between the offense done by the
provocation and the commission of the crime, offended party and
the conduct of the offended party could not the commission of
have excited the accused to the commission of the crime by the
the crime, he having had time to regain his accused
reason and to exercise self-control.
The difference is brought about by the greater
The threat should not be offensive and leniency in the case of vindication due
positively strong, because, if it is, the threat to undoubtedly to the fact that it concerns the
inflict real injury is an unlawful aggression honor of a person, an offense which is more
which may give rise to self-defense. worthy of consideration than mere spite
against the one giving the provocation or
Paragraph 5. Vindication of Grave Offense threat.

Requisites:

1. That there be a grave offense done to

the one committing the felony, his
spouse, ascendants, descendants,
legitimate, natural or adopted brothers
or sisters, or relatives by affinity
within the same degree
2. That the felony is committed in
vindication of such grave offense. A
Paragraph 6. Passion or Obfuscation offender had time to ponder his course of
action
Requisites:
PASSION AND IRRESISTIBLE
1. The accused acted upon an impulse OBFUSCATION FORCE
2. The impulse must be so powerful that Mitigating Exempting
it naturally produced passion or Circumstance Circumstance
obfuscation in him No physical force is Requires physical
needed force
Passion or obfuscation may constitute a Comes from the Must come from a
mitigating circumstance only when the same offender himself third person
arose from lawful sentiments. There is no Must arise from Unlawful
mitigating circumstance when the act was lawful sentiments
committed in a spirit of lawlessness or in a
sprit of revenge. PASSION AND PROVOCATION
OBFUSCATION
Requisites of the mitigating circumstances Produced by an Comes from the
of passion or obfuscation: impulse which may injured party
be caused by
1. That there be an act, both unlawful and provocation
sufficient to produce such a condition Offense which Must immediately
of mind, and; engenders precede the
2. That said act which produced the perturbation of mind commission of the
obfuscation was not far removed from need not be crime
the commission of the crime by a immediate. It is only
considerable length of time, during required that the
which the perpetrator might recover influence thereof
his normal equanimity. lasts until the
moment the crime is
The crime committed by the accused must be committed
provoked by prior unjust or improper acts of Effect is the loss of Effect is the loss of
the injured party. reason and self- reason and self-
control on the part of control on the part of
There could have been NO mitigating the offender the offender
circumstance of passion of obfuscation
when more than 24 hours elapsed Paragraph 7. Surrender and Confession of
between the alleged insult and the Guilt
commission of the felony, or if several hours
passed between the cause of the passion or Requisites of Voluntary Surrender:
obfuscation and the commission of the crime,
or where at least half an hour intervened 1. That the offender had not been
between the previous fight and actually arrested
subsequent killing of the deceased by the 2. That the offender surrendered himself
accused. to a person in authority or to the
latter’s agent
General Rule: Vindication of grave offense 3. That the surrender was voluntary
cannot co-exist with passion and obfuscation Requisites of voluntariness:
Exception: When there are other facts, a. must be spontaneous
although closely connected b. shows the interest of the accused
to surrender
Passion and obfuscation cannot co-exist with c. must be unconditional
treachery since this would mean that the
When surrender is voluntary
He submits himself unconditionally to the The physical defect must relate to the offense
authorities, because: committed.
1. he acknowledges his guilt
2. he wishes to save them the trouble and Paragraph 9. Illness of the Offender
expense necessarily incurred in his
search and capture Requisites:

If both are present, considered as two
independent mitigating circumstances.
Spontaneous – an inner impulse, acting
without external stimulus
1. That the illness of the offender must
diminish the exercise of his will-power
2. That such illness should not deprive
the offender of consciousness of his
acts

Requisites of Plea of Guilty: Paragraph 10. Similar and Analogous

Circumstances
1. The offender spontaneously confessed
his guilt Examples Not Examples
2. That the confession of guilt was made Defendant who is 60 Killing the wrong
in open court, that is, before the years old with failing person
competent court that is to try the case, eyesight is similar to
and a case of one over 70
3. That the confession of guilt was made years old
prior to the presentation of evidence Outraged feeling of Not resisting arrest is
for the prosecution owner of animal not the same as
taken for ransom is voluntary surrender
The plea must be made before the trial analogous to
begins. A plea of guilty made after vindication of grave
arraignment and after trial had begun offense
does not entitle the accused to have such Impulse of jealous Running amuck is not
plea considered as a mitigating feeling, similar to mitigating
circumstance. passion and
obfuscation
If the accused pleaded not guilty, even if Voluntary restitution
during the arraignment, he is entitles to of property, similar to
mitigating circumstance as long as he voluntary surrender
withdraws his plea of not guilty to the Extreme poverty,
charge before the fiscal could present his similar to incomplete
evidence. justification based on
state of necessity
Plea to a lesser charge is not a mitigating
circumstance because to be such, the plea of
guilt must be to the offense charged.

Plea to the offense charged in the amended

information, lesser than that charged in the
original information, is a mitigating
circumstance.

Plea of guilty is not mitigating in culpable

felonies and in crimes punishable by special
laws.
Paragraph 8. Physical Defect of Offender
ARTICLE 14. The following are aggravating
circumstances:
1. That advantage be taken by the
offender of his public position.
2. That the crime be committed in
contempt of or with insult to the
public authorities.
3. That the act be committed with
insult or in disregard of the respect
due the offended party on account
of his rank, age, or sex, or that it be
committed in the dwelling of the
offended party, if the latter has not
given provocation.
4. That the act be committed with
abuse of confidence or obvious
ungratefulness.
5. That the crime be committed in the
palace of the Chief Executive, or in
his presence, or where public
authorities are engaged in the
discharge of their duties or in a
place dedicated to religious
worship.
6. That the crime be committed in the
nighttime or in an uninhabited
place, or by a band, whenever such
circumstances may facilitate the
commission of the offense.
Whenever more than three armed
malefactors shall have acted
together in the commission of an
offense, it shall be deemed to have
been committed by a band.
7. That the crime be committed on the
occasion of a conflagration,
shipwreck, earthquake, epidemic,
or other calamity or misfortune.
8. That the crime be committed with
the aid of armed men or persons
who insure or afford impunity.
9. That the accused is a recidivist.
A recidivist is 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 this
Code.
10.That the offender has been
previously punished for an offense
to which the law attaches an equal
or greater penalty or for tow or
more crimes to which it attaches a
lighter penalty.
11.That the crime be committed in
consideration of a price, reward, or
promise.
12.That the crime be committed by
means of inundation, fire, poison,
explosion, stranding of a vessel or
intentional damage thereto,
derailment of a locomotive, or by
use of any other artifice involving
great waste and ruin.
13.That the act be committed with
evident premeditation.
14.That craft, fraud, or disguise be
employed.
15.That advantage be taken of superior
strength, or means be employed to
weaken the defense.
16.That the act be committed with
treachery (alevosia).
There is treachery when the
offender commits any of the crimes
against the person, employing
means, methods or forms in the
execution thereof which tend
directly and specially to insure its
execution, without risk to himself
arising from the defense which the
offended party might make.
17.That means be employed or
circumstances brought about which
add ignomity to the natural effects
of the act.
18.That the crime be committed after
an unlawful entry.
There is an unlawful entry when an
entrance is effected by a way not
intended for the purpose.
19.That as a means to the commission
of a crime a wall, roof, floor, door, or
window be broken.
20.That the crime be committed with
the aid of persons under fifteen
years of age, or by means of motor
vehicle, airships, or other similar
means.
21. That the wrong done in the
commission of the crime be
 deliberately augmented by causing off by any mitigating crime its proper and
other wrong not necessary for its circumstance, exclusive name and
commission. increases the penalty places the author of
which should be the crime in such a
Aggravating Circumstances – those which, if imposed upon the situation as to
attendant in the commission of the crime, accused to the deserve no other
serve to have the penalty imposed in its maximum period but penalty than that
maximum period provided by law for the without exceeding specially prescribed
offense or those that change the nature of the the limit prescribed by law for said crimes
crime by law
If not alleged in the To be considered as
Basis: The greater perversity of the offender information, a such, MUST be
manifested in the commission of the felony as qualifying alleged in the
shown by: aggravating information
a. the motivating power itself, circumstance will be
b. the place of the commission, considered generic
c. the means and ways employed, May be offset by a Cannot be offset by a
d. the time, or mitigating mitigating
e. the personal circumstances of circumstance circumstance
the offender, or the offended
party RULES ON AGGRAVATING
CIRCUMSTANCES:
Kinds of Aggravating Circumstances:
1. Aggravating circumstances shall NOT
1. Generic – those which apply to all be appreciated if:
crimes a. They constitute a crime
2. Specific – those which apply only to specially punishable by law, or
specific crimes b. It is included by the law in
3. Qualifying – those that change the defining a crime with a penalty
nature of the crime prescribed, and therefore shall
4. Inherent – which of necessity not be taken into account for
accompany the commission of the the purpose of increasing the
crime, therefore not considered in penalty
increasing the penalty to be imposed 2. The same rule shall apply with respect
5. Special – those which arise under to any aggravating circumstance
special conditions to increase the inherent in the crime to such a degree
penalty of the offense and cannot be that it must of necessity accompany
offset by mitigating circumstances the commission thereof.
3. Aggravating circumstances which
arise:
a. From the moral attributes of the
offender;
b. From his private relations with
the offended party; or
c. From any personal cause.

Shall only serve to aggravate the

liability of the principals, accomplices
GENERIC QUALIFYING and accessories as to whom such
AGGRAVATING AGGRAVATING circumstances are attendant.
CIRCUMSTANCE CIRCUMSTANCE 4. The circumstances which consist:
EFFECT: when not set EFFECT: gives the
 a. In the material execution of the
act, or
b. In the means employed to
accomplish it,
Shall serve to aggravate the liability of
only those persons who had
knowledge of them at the time of the
execution of the act or their
cooperation therein. Except, when
there is proof of conspiracy in which
case the act of one is deemed to be the
act of all, regardless of lack of
knowledge of the facts constituting the
circumstance.
5. Aggravating circumstances, regardless
of its kind, should be specifically
alleged in the information AND proved
as fully as the crime itself in order to
increase the penalty.
6. When there is more than one
qualifying aggravating circumstance
present, one of them will be
appreciated as qualifying aggravating
while the others will be considered as
generic aggravating.
Paragraph 1. That advantage be taken by
the offender of his public position
Requisites:
1. Offender is a public officer
2. Public officer must use the influence,
prestige, or ascendancy which his
office gives him as means to realize
criminal purpose
It is not considered as an aggravating
circumstance where taking advantage of
official position is made by law an integral
element of the crime or inherent in the offense.
Example: malversation (Art. 217),
falsification of a document committed
by public officers (Art. 171)
When the public officer did not take
advantage of the influence of his position, this
aggravating circumstance is not present.
Taking advantage of a public position is also
inherent in the case of accessories under
Article 19, Paragraph 3 (harboring,
concealing, or assisting in the escape of the
principal of the crime), and in crimes
committed by public officers (articles 204-
245).
Paragraph 2. That the crime be committed
in contempt of or with insult to public
authorities
Basis: based on the greater perversity of the
offender, as shown by his lack of respect for
the public authorities.
Requisites:
1. That the public authority is engaged in
the exercise of his functions.
2. That he who is thus engaged in the
exercise of said functions is not the
person against whom the crime is
committed.
3. The offender knows him to be a public
authority.
4. His presence has not yet prevented the
offender from committing the criminal
act.
Public authority – a public officer who is
directly vested with jurisdiction, that is, a
public officer who has the power to govern
and execute the laws.
Example:
a. Governor
b. Mayor
c. Barangay Captain
d. Councilors
e. Government agents
f. Chief of Police
A teacher or professor of a public or
recognized private school is not a public
authority within the contemplation of Art.14,
Par.2. While he is a person in authority under
Article 152, that status is only for purposes of
Article 148 (direct assault) and Article 152
(resisitance and disobedience)
The crime should not be committed against
the public authority (otherwise it will
constitute direct assault)
This is NOT applicable when committed in the
presence of a mere agent.
Agent – subordinate public officer charged
with the maintenance of public order and
protection and security of life and property
Paragraph 3. That the act be committed:
1. With insult or in disregard of the
respect due to offended party in
account of his:
a. Rank,
b. Age,
c. Sex, or
2. That it be committed in the
dwelling of the offended party, if
the latter has not given
provocation.
Rules:
1. These circumstances shall only be
considered as one aggravating
circumstance.
2. Rank, age, sex, may be taken into
account only in crimes against
persons or honor, they cannot be
invoked in crimes against
property.
3. It must be shown that in the
commission of the crime the
offender deliberately intended to
offend or insult the sex, age, and
rank of the offended party.
Rank – the designation or title of distinction
used to fix the relative position of the
offended party in reference to others (there
must be a difference in the social condition of
the offender and the offended party); a high
social position or standing as a grade in the
armed forces
Age – may refer to old age or the tender age of
the victim
Sex – refers to the female sex, not the male sex
The aggravating circumstance of disregard
of rank, age, or sex is not applicable in the
following cases:
1. When the offender acted with passion
and obfuscation
2. When there exists a relationship
between the offended party and the
offender
3. When the condition of being a woman
is indispensable in the commission of
the crime
Dwelling – must be a building or structure,
exclusively used for rest and comfort. A
combination house and store, or a market stall
where the victim slept is not a dwelling.
Based on the greater perversity of the
offender, as shown by the place of the
commission of the offense.
The aggravating circumstance of dwelling
requires that the crime be wholly or partly
committed therein or in any integral part
thereof.
Dwelling does not mean the permanent
residence or domicile of the offended party or
that he must be the owner thereof. He must,
however, be actually living or dwelling
therein even for a temporary duration or
purpose.
It is not necessary that the accused should
have actually entered the dwelling of the
victim to commit the offense; it is enough that
the victim was attacked inside his own house,
although the assailant may have devised
means to perpetrate the assault from without.
What aggravates the commission of the
crime in one’s dwelling:
1. The abuse of confidence which the
offended party reposed in the offender
by opening the door to him; or
2. The violation of the sanctity of the
home by trespassing therein with
violence or against the will of the
owner.
Meaning of provocation in the aggravating
circumstance of dwelling:
Provocation must be:
1. Given by the owner of the dwelling
2. Sufficient, and
 3. Immediate to the commission of the
crime
If all these conditions are present, the
offended party is deemed to have given the
provocation, and the fact that the crime is
committed in the dwelling of the offended
party is NOT an aggravating circumstance.
REASON: when it is the offended party
who has provoked the incident, he
loses his right to the respect and
consideration due him in his own
house.
Even if the killing took place outside the
dwelling, it is aggravating provided that the
commission of the crime began in the
dwelling.
Dwelling includes: a. dependencies, b. the foot
of the staircase and enclosure under the
house
Dwelling ins NOT aggravating in the
following cases:
1. When both offender and offended
party are occupants of the same house
and this is true even if the offender is a
servant in the house.
Exception: in case of adultery in
the conjugal dwelling, the same
is aggravating. However, if the
paramour also dwells in the
conjugal dwelling, the
applicable aggravating
circumstance is abuse of
confidence
2. When the robbery is committed by the
use of force upon things, dwelling is
not aggravating because it is inherent.
a. But the dwelling is aggravating
in robbery with violence
against or intimidation of
persons because this class of
robbery can be committed
without the necessity of
trespassing the sanctity of the
offended party’s house.
3. In the crime of trespass to dwelling, it
is inherent or included by law in
defining the crime. This crime can be
committed only in the dwelling of
another.
4. When the owner of the dwelling gave
sufficient and immediate provocation.
a. There must exist a close
relation between the
provocation made by the victim
and the commission of the
crime by the accused
5. The victim is not a dweller of the house
6. When the rape was committed in the
ground floor of a two-story structure
Paragraph 4. That the act be committed
with:
1. abuse of confidence, or
2. obvious ungratefulness
Based on the greater perversity of the
offender, as shown by the means and ways
employed.
This circumstance exists only when the
offended party has trusted the offender who
later abuses such trust by committing the
crime. Abuse of confidence requires a special
confidential relationship between the offender
and the victim, while this is not required for
there to be obvious ungratefulness.
Requisites of Abuse of Confidence:
1. That the offended party had trusted
the offender
2. That the offender abused such trust by
committing a crime against the
offended party
3. That the abuse of confidence facilitated
the commission of the crime
There is no abuse of confidence where the
deceased and the accused happened to be
together.
Requisites of Obvious Ungratefulness:
1. That the offended party had trusted
the offender;
2. That the offender abused such trust by
committing a crime against the
offended party.
3. That the act be committed with
obvious ungratefulness.
 if no official duties or acts of religious worship
The ungratefulness must be such clear and are being conducted there.
manifest ingratitude on the part of the
accused. Cemeteries are not considered as place
dedicated to the worship of God.
Paragraph 5. That the crime be committed
in the palace of the Chief Executive, or in Paragraph 6. That the crime be committed:
his presence, or where public authorities 1. In the nighttime, or
are engaged in the discharge of their 2. In an uninhabited place, or
duties or in a place dedicated to religious 3. By a band,
worship. Whenever such circumstance may
facilitate the commission of the offense.
Based on the greater perversity of the
offender, as shown by the place of When present in the same case and their
commission of the crime, which must be elements are distinctly palpable and can
respected. subsist independently, they shall be
considered separately.
PAR.5. Where public PAR.2. Contempt or
authorities are insult to public When nighttime, uninhabited place or
engaged in the authorities band is aggravating:
discharge of their
duties 1. When it facilitated the commission of
FOR BOTH, public authorities are in the the crime; or
performance of their duties 2. When especially sought for by the
Place where public duty is performed offender to insure the commission of
In their office Outside of their office the crime or for the purpose of
The offended party impunity; or
May or may not be Public authority 3. When the offender took advantage
the public authority should not be the thereof for the purpose of impunity.
offended party
Nighttime (obscuridad)
Requisites regarding Public Authorities:
a. The period of darkness
1. Crime occurred in the public office beginning at the end of ducks
2. Public authorities are actually and ending at dawn.
performing their public duties b. Commission of the crime must
begin and be accomplished in
Requisites for Place Dedicated to Religious the nighttime. When the place
Worship: of the crime is illuminated by
light, nighttime is not
1. The crime occurred in a place aggravating. It is not
dedicated to the worship of God considered aggravating when
regardless of religion the crime began at daytime.
2. The offender must have decided to c. Nighttime is not especially
commit the crime when he entered the sought for when the notion to
place of worship commit the crime was
conceived of shortly before the
Except for the third which requires that commission or when the crime
official functions are being performed at the was committed at night upon a
time of the commission of the crime, the other casual encounter.
places mentioned are aggravating per se even d. However, nighttime need not be
specifically sought for when: it
facilitated the commission of
 the offense, OR the offender
took advantage of the same to
commit the crime.
e. A bare statement that crime
was committed at night is
insufficient. The information
must allege that nighttime was
sought for or taken advantage
of, or that it facilitated the
crime.
General Rule: Nighttime is absorbed in
treachery.
Exception: Where both the
treacherous mode of attack and
nocturnity were deliberately decided
upon in the same case, they can be
considered separately if such
circumstances have different factual
bases.
Uninhabited Place (despoblado)
a. One where there are no houses at all a
place at a considerable distance from
town, or where the houses are
scattered at a great distance from each
other.
b. Not considered when the place where
the crime was committed could be
seen and the voice of the deceased
could be heard from a nearby house.
c. What should be considered is whether
in the place of the commission of the
offense, there was a reasonable
possibility of the victim receiving some
help.
d. The offenders must choose the place as
an aid either: to an easy and
uninterrupted accomplishment of their
criminal designs, OR to insure
concealment of the offense, that he
might thereby be better secured
against detection and punishment
Band (en cuadrilla)
a. Whenever more than three armed
malefactors that shall have acted
together in the commission of an
offense
b. If one of the four-armed malefactors is
a principal by inducement, they do not
form a band because it is undoubtedly
connoted that he had not direct
participation
c. “By a band” is aggravating in crimes
against property or against persons or
in the crime of illegal detention or
treason but does not apply to crimes
against chastity
d. “By a band” is inherent in brigandage
e. This aggravating circumstance is
absorbed in the circumstance of abuse
of superior strength
Paragraph 7. That the crime be committed
on the occasion of a conflagration,
shipwreck, earthquake, epidemic or other
calamity or misfortune
Requisites:
1. The crime was committed when there
was a calamity or misfortune
2. The offender took advantage of the
state of confusion or chaotic condition
from such misfortune
If the offended was PROVOKED by the
offended party during the calamity or
misfortune, this aggravating circumstance
may not be taken into consideration.
Paragraph 8. That the crime be committed
with the aid of :
1. Armed men, or
2. Persons who insure or afford
impunity
Based on the means and ways of committing
the crime.
Requisites:
1. That armed men or persons took part
in the commission of the crime,
directly or indirectly
2. That the accused availed himself of
their aid or relied upon them when the
crime was committed
The casual presence of armed men near the
place where the crime was committed does
not constitute an aggravating circumstance
when it appears that the accused did not
avail himself of their aid or rely upon them
to commit the crime.
This aggravating circumstance requires that
the armed men are accomplices who take part
in a minor capacity directly or indirectly, an
not when they were merely present at the
crime scene. Neither should they constitute a
band, for then the proper aggravating
circumstance would be cuadilla.
When this aggravating circumstance shall
NOT be considered:
1. When both the attacking party and the
party attacked were equally armed
2. When the accused as well as those who
cooperated with him in the
commission of the crime acted under
the same plan and for the same
purpose
3. When the others were only casually
present and the offender did not avail
himself of any of their aid or when he
did not knowingly count upon their
assistance in the commission of the
crime
Paragraph 9. That the accused is a
recidivist
Recidivist – 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 RPC.
What is controlling is the time of trial, not
the time of the commission of the crime.
“at the time of his trial” should not be
restrictively construed as to mean the date or
arraignment. It is employed in its general
sense, including the rendering of the
judgment. It is meant to include everything
that is done in the course of the trial, from the
arraignment until after sentence is announced
by the judge in open court.
General Rule: To prove recidivism, it is
necessary to allege the same in the
information and to attach thereto certified
copy of the sentences rendered against the
accused.
Exception: if the accused does not
object and when he admits in his confession
and on the witness stand.
Recidivism must be taken into account no
matter how many years have intervened
between the first and second felonies.
Amnesty extinguishes the penalty and its
effects. However, pardon does not obliterate
the fact that the accused was a recidivist.
Thus, even if the accused was granted a
pardon for the first offense but he commits
another felony embraced in the same title of
the Code, the first conviction is still counted to
make him a recidivist.
Being an ordinary aggravating circumstance,
recidivism affects only the periods of a
penalty, except in prostitution and vagrancy
and gambling wherein recidivism increases
the penalties by degrees. No other generic
aggravating circumstance produces this effect.
In recidivism it is sufficient that the
succeeding offense be committed after the
commission of the preceding offense
provided that at the time of his trial for the
second offense, the accused has already been
convicted of the first offense.
If both offenses were committed on the same
date, they shall be considered as only one,
hence, they cannot be separately counted in
order to constitute recidivism. Also,
judgments of convicted handed down on the
same day shall be considered as only one
conviction.
Paragraph 10. That the offender has been
previously punished for an offense to
which the law attaches an equal or greater
penalty or for tow or more crimes to which
it attaches a lighter penalty.
Requisites:
1. That the accused is on trial for an
offense;
2. That he previously served sentence for
another offense to which the law
attached an equal or greater penalty,
 or for two or more crimes to which it
attached lighter penalty than that for
the new offense; and
a. When the penalty provided by
law for the previous offense is
equal to that for the new
offense
b. When the penalty provided by
law for the previous offense is
greater
c. When the accused served at
least two sentences, even if the
penalties provided by law for
the crimes are lighter
3. That he is convicted of the new offense.
HABITUALITY/ RECIDIVISM
REITERATION
As to the first offense
It is necessary that It is enough that a
the offender shall final judgment has
have served out his been rendered in
sentence for the first the first offense
offense
As to the kind of offenses involved
The previous and Requires that the
subsequent offenses offenses be included
must not be in the same title of
embraces in the the Code
same title of the
Code
Four Forms of Repetition are:
1. Recidivism (Par. 9, Art. 14) – where a
person, on separate occasions, is
convicted of two offenses embraced in
the same title in the RPC. This is a
generic aggravating circumstance.
2. Reiteration or Habituality (Par. 10, Art.
14) – where the offender has bee
previously punished for an offense to
which the law attaches an equal or
greater penalty or for two crimes to
which it attaches a lighter penalty. This
is a generic aggravating circumstance.
3. Multi-recidivism or Habitual
delinquency (Par. 5, Art. 62) – where a
person within a period of 10 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 the said crimes a third time or
oftener. This is an extraordinary
aggravating circumstance.
4. Quasi-recidivism (Art. 160) – where a
person commits felony before
beginning to serve or while serving
sentence on a previous conviction for a
felony. This is a special aggravating
circumstance.
Paragraph 11. That the crime be
committed in consideration of a price,
reward, or promise.
Requisites:
1. There are at least 2 principals:
a. The principal by inducement
(the one who offers)
b. The principal by direct
participation (the one who
accepts)
2. The price, reward, or promise should
be previous to and in consideration of
the commission of the criminal act.
The circumstances are applicable to BOTH
principals. It affects the person who received
the price or reward as well as the person who
gave it.
If without previous promise it was given
voluntarily after the crime had been
committed as an expression of his
appreciation for the sympathy and aid shown
by the other accused, it should not be taken
into consideration for the purpose of
increasing the penalty.
The price, reward, or promise nee not consist
of or refer to material things or that the same
were actually delivered, it being sufficient that
the offer made by the principal by inducement
be accepted by the principal by direct
participation before the commission of the
offense.
The inducement must be the primary
consideration for the commission of the
crime.
Paragraph 12. That the crime be
committed by means of inundation, fire,
poison, explosion, stranding of a vessel or
intentional damage thereto, derailment of
a locomotive, or by use of any other
artifice involving great waste and ruin.
The circumstances under this paragraph will
only be considered aggravating if and when
they are used by the offender as a means to
accomplish a criminal purpose.
When another aggravating circumstance
already qualifies the crime, any of these
aggravating circumstances shall be
considered as generic aggravating
circumstance only.
When used as a means to kill another person,
the crime is qualified to murder.
Paragraph 13. That the act be committed
with evident premeditation
Requisites:
1. The time when the offender
determined to commit the crime;
2. An act manifestly indicating that the
culprit has clung to his determination;
and
3. A sufficient lapse of time between the
determination and execution, to allow
him to reflect upon the consequences
of his act and to allow his conscience to
overcome the resolution of his will.
To establish evident premeditation, it must be
shown that there was a period sufficient to
afford full opportunity for meditation and
reflection, a time adequate to allow the
conscience to overcome the resolution of the
will as well as outward acts showing the
intent to kill. It must be shown that the
offender had sufficient time to reflect upon
the consequences of his act but still persisted
in his determination to commit the crime.
Premeditation is absorbed by reward or
promise.
When the victim is different from that
intended, premeditation is NOT aggravating.
However, if the offender premeditated on the
killing of any person, it is proper to consider
against the offender the aggravating
circumstance of premeditation, because
whoever is killed by him is contemplated in
his premeditation.
Premeditation must be based on external acts
and no presumed from mere lapse of time.
Paragraph 14. That craft, fraud, or disguise
be employed
Craft (astucia) – involves the use of
intellectual trickery or cunning on the part of
the accused. A chicanery resorted to by the
accused to aid in the execution of his criminal
design.
Fraud (fraude) – insidious words or
machinations used to induce the victim to act
in a manner which would enable the offender
to carry out his design
Fraud is present when there is a direct
inducement by insidious machinations or
words.
Disguise is not considered.
Craft and fraud may be absorbed in treachery
if they have been deliberately adopted as the
means, methods or forms for the treacherous
strategy, or they may co-exist independently
where they are adopted for a different
purpose in the commission of the crime.
Paragraph 15. That advantage be taken of
superior strength, or means be employed
to weaken the defense,
To deliberately use excessive force that is out
of proportion to the means for self-defense
available to the person attacked.
No advantage of superior strength in the
following:
1. One who attacks another with passion
and obfuscation does not take
advantage of his superior strength
2. When a quarrel arose unexpectedly
and the fatal blow was struck at a time
when the aggressor and his victim
 were engaged against each other as
man to man
TEST FOR ABUSE OF SUPERIOR STRENGTH:
the relative strength of the offender and his
victim and whether or not he took advantage
of his greater strength
When there are several offender participating
in the crime, they must ALL be principals by
direct participation and their attack against
the victim must be concerted and intended to
be so.
Abuse of superior strength is inherent in the
crime of parricide. It is also present when the
offender uses a weapon which is out of
proportion to the defense available to the
offended party.
“Means employed to weaken defense” – the
offender employs means that materially
weaken the resisting power of the offended
party.
Paragraph 16. That the act be committed
with treachery
Treachery – when the offender commits any
of the crimes against persons, employing
means, methods or forms in the execution
thereof which tend directly and specially to
unsure its execution, without risk to himself
arising from the defense which the offended
party might take
Rules:
1. Applicable only to crimes against the
person
2. Means, methods or forms need not
insure accomplishment of crime
3. The mode of attack must be
consciously adopted
TEST: it is not only the relative position of the
parties but, more specifically, whether or not
the victim was forewarned or afforded the
opportunity to make a defense or to ward off
the attack
Treachery is taken into account even if the
crime against the person is complexed with
another felony involving a different
classification in the Code.
When must treachery be present:
1. When the aggression is continuous,
treachery must be present in the
beginning of the assault.
2. When the assault was not continuous,
in that there was interruption, it is
sufficient that treachery was present
at the moment the fatal blow was
given.
Requisites:
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 of form
of attack employed by him
Treachery should be considered even if:
1. Victim was not predetermined but
there was a generic intent to
treacherously kill any first two persons
belonging to a class
2. There was an accident
3. There was a mistake in the identity
Treachery absorbs:
1. Craft
2. Abuse of superior strength
3. Employing means to weaken the
defense
4. Band
5. Aid of armed men
6. Nighttime
Paragraph 17. That means be employed or
circumstances brought about which add
ignomity to the natural effects of the act.
Ignomity – a circumstance pertaining to the
moral order, which adds disgrace and obloquy
to the material injury caused by the crime
Applies when the crime committed is against
chastity.
“which add ignomity to the natural effects
thereof” – means employed or the
circumstances brought about must tend to
make the effects of the crime more
humiliating to the victim or to put the
offended party to shame, or add to his moral
suffering.
Paragraph 18. That the crime be
committed after an unlawful entry
Unlawful entry – when an entrance is effected
by way not intended for the purpose
Paragraph 19. That as a means to the
commission of a crime a wall, roof, floor,
door, or window be broken.
Applicable only if such acts were done by the
offender to effect the ENTRANCE.
Paragraph 20. That the crime be
committed with the aid of persons under
fifteen years of age, or by means of motor
vehicle, airships, or other similar means.
Two different circumstances grouped in
this paragraph:
1. With the aid of persons under fifteen
years of age
2. By means of motor vehicle, airships, or
other similar means
Paragraph 21. That the wrong done in the
commission of the crime be deliberately
augmented by causing other wrong not
necessary for its commission
Cruelty – when the culprit enjoys and delights
in making his victim suffer slowly and
gradually, causing him unnecessary physical
pain in the consummation of the criminal act
Requisites:
1. That the injury caused be deliberately
increased by causing other wrong
2. That the other wrong be unnecessary
for the execution of the purpose of the
offender
Not inherent in crimes against persons.
Cannot be presumed.
ARTICLE 15. Alternative circumstances are
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, they are the relationship,
intoxication, and the degree of instruction
and education of the offender.
The alternative circumstance of
relationship shall be taken into
consideration when the offended party is
the spouse, ascendant, descendant,
legitimate, natural, or adopted brother or
sister, or relative by affinity in the same
degree of the offender.
The intoxication of the offender shall be
take into consideration as a mitigating
circumstance when the offender has
committed a felony in a state of
intoxication, if the same is not habitual or
subsequent to the plan to commit said
felony, but when the intoxication is
habitual or intentional, it shall be
considered as an aggravating
circumstance.
Alternative Circumstances:
1. Relationship;
2. Intoxication;
3. Degree of instruction and education of
the offender