Criminal Law

Conspiracy- they must decide to commit it

Modifying Circumstances

Justifying and Exempting

Admission and Avoidance

Self-Defense

Retaliation is not self-defensse

Defense of a relative- the person making the defense must have no part therein, it does not matter if the
person defended is the one at fault

State of Necessity-there is civil liability here

RA 9262

Battered Woman Syndrome has the effect of a justifying circumstance despite the absence of requisites

3 stages/ cycle

Tension building, acute battery stage, (1 st cycle, 2nd cycle)

Even if there is no unlawful aggression, BWS justified

EXEMPTING

Idiot- 2

Imbecile-mental capacity would not exceed 7

Moron- 12

15 years and 1 day- not exempting

Under the compulsion of irresistible force

Ordinary

Privileged

Art. 4

Mistake of Fact- not criminally liable

Proximate cause

Error in personae, abberatio ictus, praeter intentionem

MITIGATING

Immediate vindication of a grave offense (proximate not immediate) even if done the next day

Voluntary surrender- with acknowledgement of guilt

Plea bargaining- admitting for a lesser offense (admission here is conditional, no mitigating circumstance
of plea of guilt or voluntary surrender)

Analogous-(similar to other mitigating circumstances) Jealousy (similar to passion and obfuscation),

return of the thing stolen or malversed (similar to voluntary surrender)

AGGRAVATING

Evident Premiditation- will not be appreciated if you are not the person whom the plan was directed for

Ignominy-unnecessary in the commission of the crime, just adds humiliation to the crime

PENALTIES

Prison authorities will use the three-fold rule, the judge will not compute
Subsidiary Penalty- not a principal or accessory penalty (need not be stated in the decision)

If the accused cannot pay the fine, (only applies to FINE)

INDETERMINATE SENTENCE LAW

Memorize disqualifications

SPL

Not lower than the prescribed penalty

Not higher than the maximum penalty

RPC

Death, Reclusion Perpetua, Reclusion Temporal, Prision Mayor, Prision correccional, Arresto Mayor,
Arresto Menor

If minimum is served, parole is available

1. Simple computation
Homicide- no aggravating, no mitigating
Reclusion temporal

RT

PM in any period up to RT medium

2. 1 ordinary mitigating, no aggravating

17 with discernment- privileged mitigating

RT
One degree lower

PM

PC to PM in medium

2M 0A

Homicide

RT

2M- 1 privilege mitigating

PM to PC in medium
RA 9165

Instigation and Entrapment

Chain of Custody

Sec. 21 SOP in the apprehension of a drug violator, 3 witness rule

Minor Offenders

Estipona vs Castillo, plea bargaining allowed in violation of ra 9165

Must be with consent of the fiscal

Sec. 11- animus possidendi is required

Art 247

Rape committed to fraudulent machinations

Less than 12- statutory rape

RA 7610

Exploitation upon a minor

Unjust vexation vs. acts of lasciviousness

Qualified seduction

Simple seduction- deceit

Title 10

Robbery with Homicide- primary intent to take property

Robbery with Rape

Robbery with PI

Robbery with Arson

Rape then theft- RAPE and THEFT(after thought and not the primordial intent, separate charge for theft)

Arson- homicide is absorbed in arson (intent to burn)

Murder (by means of fire)- aggravating- intent to kill

Murder and Arson- intent to kill and to cover up the crime of murder

Arson- no frustrated stage

Qualified Theft

Estafa by misappropriation, BP 22
Estafa thru falsification

Art. 332

Libel

Cybercrime Prevention Act

Sexual Harassment, Safe Spaces Act

Voyeurism- no consent

Anti-sexual harassment vs safe spaces act

Escandor vs people