Prosec Garcia Pre-Week (Pointers)

Basic Principles
-R.A. 9262 applying territoriality and generality principle. Foreigner failing to give support.
-Deliberate failure to give support, dutchman is liable based on generality and territoriality,
even if he is a foreigner living abroad.

-Penal laws may be applied retroactively if it is favorable to the accused.

-All accused are presumed innocent, unless proven guilty beyond reasonable doubt.

-The act cannot be criminal if the mind is not criminal. This applies even in malum prohibitum.
-There must be a guilty mind and a guilty act.
Justifying
Self Defense
-Unlawful aggression – actual and imminent
-Reasonable necessity of the means employed to prevent or repel the aggression
-Lack of sufficient provocation.

-When unlawful aggression ceased to exist, it is no longer reasonable and necessary for
the victim to hack the aggressor. It is more of a retaliation.
-When there is successive and non-stop aggression, it is just reasonable for the victim to
defend himself when the unlawful aggression did not actually cease.
Defense of a Stranger
-Elements 1 & 2 + there is no revenge, resentment or ill motive.
Fulfillment of Lawful Duty
-In performance of lawful duty
-Necessary and unavoidable consequence
Problem: rape of sister but accused escaped, brother chased the accused. No more unlawful
aggression, no defense of relative but:
*Immediate vindication of a Grave offense + sudden impulse passion and obfuscation
(unlawful act)

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Exempting
-The insanity that will exempt the accused is total mental deprivation of intelligence.
Mere abnormalities of the mental faculties would not exempt the accused. There is no
exempting circumstance if crime was done during the lucid interval.
-Minor (15-18), determine if with discernment or not. There is discernment when– he
planned the said act of killing and warned the victim not to tell the authorities.
-At promulgation, the court shall only state the civil liability and shall place the child on a
suspended sentence. Even if already above 18, but not over 21.
-Privileged mitigating circumstance – agricultural and training facilities through the
management of bureau of corrections and dswd.
-Accident – performance of a lawful act must be with due care, without fault on the part
of the offender, otherwise there is no accident.
-Uncontrollable fear- must be real and imminent, greater than or equal to that
committed.

Mitigating
-Praeter Intentionem- no intent to commit so grave a wrong (notable disparity between
the means used and the resulted felony)
-Sufficient Provocation- throwing of stones on a house not an unlawful aggression but a
SP. (proximate cause, not necessarily immediate).
-Immediate Vindication of a grave offense- immediate to the commission of the said
crime.
-Sudden Impulse of Passion and Obfuscation- must be a lawful act done, not far
removed to the commission of the said crime. (no sufficient lapse of time, no chance for the
offender to recover his or her normal equanimity)
-S.I.S. if present in the same circumstances must be considered only as one mitigating
circumstance.
-Voluntary Surrender & Plea of Guilt (Spontaneous and unconditional, not merely
compliance or submissive), can be appreciated distinctly and separately.
-Mitigating Offense on Quasi offenses is discretionary upon the court.

Aggravating
-Night time, sought the cover of darkness for impunity. If lighted, not anymore
considered.

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 -Dwelling not appreciated if there is provocation. Perpetrator may devise means to
consummate the crime. What is important is the victim is inside the house.
-Evident Premeditation- Determined to commit the crime, clung to his intentions, time
to reflect to his plan to commit the crime.
-Abuse of superior strength -There is notorious inequality of forces, took advantage of
the superior strength. Absorbed in treachery.
-Treachery -deliberately and consciously employed of the means, methods and forms of
execution to ensure the commission of the crime. If committed during the spur of the moment,
no treachery. Essence is suddenness and unexpectedness. Totally without defense, even if the
attack was frontal. No more treachery if there was a previous altercation, because there is
already an expectancy of danger. Can still be appreciated even if victim was able to retaliate,
what is important is initially, the offended party was not able to defend himself.
-If treachery, superior strength and evident premeditation are all present, SP absorbed
by treachery and EP considered as generic aggravating.
-Dwelling is not inherent in robbery with homicide. Can be committed even if not inside
the house.
-Cruelty- additional physical pain and suffering. Ignominy- moral abuse and suffering.
Service of Sentence
-Allowance for good conduct. Not applicable to detention prisoners but only to
convicted prisoners. Not applicable to violators of heinous crimes, recidivists, habitual
delinquents, and escapees.
-Three-fold rule: simultaneously, if allowed. If successively, shall not exceed three times
the length of the most excessive penalty but shall not exceed 40 years. Not for the court to
impose but for the director of prisons to consider.
Death of the Accused
-extinguish criminal liability at ANY TIME.
-civil liability is also extinguished before conviction, if after, civil liability survives. If arises
from other sources, civil survives even before conviction.
BOOK II
Crimes against Persons
Murder/Homicide
-memorize the qualifying circumstances, only one will make the crime murder.
Art. 247- not a crime or felony, cannot be charge of such article. But can be raised as a defense.
-Legally married spouse, sexual intercourse.

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Parricide- relationship by blood. If adopted, not parricide.
Infanticide- age of the victim (less than 3 days old, 72 hours)
Abortion- intentionally (act against the fetus) or unintentionally (intention against the woman
but the fetus was killed, no frustrated or attempted).
(Ex. Parricide with unintentional abortion. Even if the punch was towards the stomach, the fight
was still the father and mother, thus not intentional abortion.)
(Ex. There was a follow up incident with the offender stabbing a pregnant woman with a knife
on the tummy.)
Rape
-The knowledge by the offender of the fact of mental retardation must be alleged and
proven during trial in order to be convicted of qualified rape.
-Statutory rape- the basis should be the mental age of the victim because decision
making is the function of the mind. The mind is the one that gives the consent whether to have
a sexual intercourse or not. (fact of carnal knowledge, under 12 years old must be proven)
-If under 7 years, qualified statutory rape.
-Qualified rape, minority and relationship must be proven beyond reasonable doubt.
-REGARDED as Stepfather, 14 years old victim, simple rape only. There must be
categorical declaration of relationship.
People v. Tulagan:
-If the victim is under 12 years, or demented: Rape by Sexual Assault in relation to RA
7610, Reclusion Temporal medium.
-Lascivious Conduct, 12 years old above but below 18.
-18 years old above. Sexual Assault. Prision Mayor.
-The moment the victim, 12 or above, there must be force, intimidation.
*Read the case. Sa lahat ng review, binabanggit to.
Crimes against property
Robbery
-violence against or intimidation of persons.
Robbery with Homicide
-Original intent is to rob. Homicide is used in generic sense. Even accidental killing or
death. Regardless of number of persons killed. Death or killing happened before, during or after
robbery.

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 - “By reason or in occasion of robbery, homicide is committed”, even if one of the
accused is killed, or someone was accidentally killed.
-Robbery, rape and homicide was committed, still, Robbery with Homicide.
-“Attempted/Frustrated” Robbery with Homicide, since other suspects has nothing to do
with the killing of their co-suspects, only Attempted Robbery.
-Snatching- theft only not robbery.
-Any person who having found of lost property failed to return it to the owner or to
competent authority.
-Qualified Theft, No Frustrated Theft.
Estafa
-abuse of confidence or means of deceit, damage or injury capable of pecuniary
estimation.
-demand need not be in writing, no demand is necessary if the offender has already
converted such property.
-it is necessary that there is a juridical possession, not material possession (qualified
theft only)
- illegal recruitment and estafa (false pretense)
-if check is issued for the payment of pre-existing obligation, it is not estafa but of BP 22.
-Estafa by post dating a check, it must be drawn prior to or simultaneous to the
execution of fraudulent transaction.
Arson
-no such crime as arson with homicide. If the intent is to burn an inhabited house, even
if someone is killed, the crime committed is only arson. But if the intent is to kill by burning, it is
murder.
-if killed, then put in house and then burned the house, two crimes: murder and arson.
-No frustrated arson. The moment any of portion of building is damaged by fire, there is
already consummated arson.
Theft, Swindling, Malicious Mischief, absolutory causes in relationship (spouses, ascendants,
descendants or relatives of affinity in the same line). Not absolutory if complexed with other
crimes.
Crimes against Liberty
Kidnapping and Serious Illegal Detention
-can be committed by public officer if acting in private capacity

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 -more than 3 days, simulating public authority, threats to kill and serious physical
injuries inflicted, minor, female, public officer.
-Kidnapping with Homicide, Kidnapping with Rape.
-Death Penalty: Killed or dies, with ransom, or is rape, subject to torture or
dehumanizing acts.
-Kidnapping for Ransom with Homicide, regardless if afterthought or purposely sought,
but the victim in Kidnapping must be the same person that was killed.
-Kidnapping and Serious Illegal Detention with Rape. In the course of detaining the
woman, she had carnal knowledge. Regardless of the times she had carnal knowledge, only
single indivisible special complex crime.
Threats
-Grave threats, will always amount to crime, may demand of money, if light threat, it
will not amount to crime, always with demand of money.
-Essence is intimidation of a future wrong. Whether a writing or middle man, qualified.
-Other light threats. Threatening with a weapon or orally, during a fight or in a heat of
anger and did not persist on the act.
-The moment the person erred a threatening remark that would amount to any crime as
long as the threat came to knowledge of the victim, it is already consummated.
Coercion
-Direct, personal, and impending threat, compel or prevents another to create a lawful
act.
-To prevent offenders to place the law on their own hands.
CRIMES AGAINST PUBLIC INTEREST
Falsification
-Falsification of Private Documents, must be with damage. In case of public document,
no need for damage to be proved because the public document is deemed to be the evidence
of the contents therein. In effect, falsification deems to pervert the truth stated in such public
document.
-In order to prove falsification by forgery of a signature, the original copy of the
document must be presented.
-Falsification by making untruthful statements, the SALN must state truthful statements
and making false statements therein makes the public officer liable.
-Atty. Constantino Case. Administrative liability only, not criminal. Read the case by J.
Leonen.

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Perjury
-false statements made under oath or through an affidavit on a material matter, before
a competent officer to administer oath, deliberate statement of falsehood, statement required
by law. (made on a special proceeding). Distinguish with false testimony.
-There must be a deliberate and willful intent. There should be malice.
-No perjury if only a result of an honest mistake.
Usurpation
-Usurpation of authority, knowingly and falsely representing to be an officer or agent of
PH or foreign government with intent to cause damage.
-Usurpation of official function, under false pretense of official position.
-The Mayor who is acting in good faith in monitoring and regulating the illegal logging
products within his jurisdiction is not liable for usurpation. Actus reus must unite with mens
rea. No crime if criminal mind is wanting. Thus, he is not liable.

SPECIAL LAWS
R.A. 9262 (VAWC)
-This also applies to any act committed by any person against a woman or her children,
regardless of the gender of the offender.
-Relationship or former relationship by marriage, sexual or dating relationship.
-Psychological abuse or violence under 9262 is considered as transitory or continuing
offense. Thus, even if the cause of such mental violence or abuse is committed outside the
Philippines, the courts here still have jurisdiction. The mental suffering is done here or is
effected in the Philippines. Psychological abuse is the means employed and mental anguish is
the effect.
-Battered Woman Syndrome exempts from criminal and civil liability. There must be
evidence executed by an expert in determining her psychological condition which must have
already occurred in at least two cycles.
R.A. 7610 (Child Abuse)
- not all acts of laying of hands will result to child abuse, done in heat of anger or at the
spur of the moment.
-there must be the intent to debase, degrade or demean the intrinsic worth or dignity of
the child as a human being.
-“napag tripan”, it means that there was a deliberate intention to debase, degrade or
demean the dignity of a child

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R.A. 11313 (Safe Spaces Act)
-Cat calling, Gender based sexual harassment in public, sexist, homophobic, misogynistic
and transphobic remarks are covered by Safe Spaces Act.
-those not covered by RA 7677. Between peers, by subordinate against superior officer.
-sexual conduct must be unwelcome, since consent is material.
-The act of cyber-stalking that is unwelcome is punishable. Gender based online sexual
harassment. Annoy, harass, vex through cyber space.
-Gender based online, public, work, educational and training institutions. Does not undo
or abandon sexual harassment under 7877. The gravamen is sexually harassing based on
gender preference or identity of the victim.
R.A. 10173
-information theft, data stealing without the consent of the authority having the
competency to acquire such data.
ISLAW
-once the offender has already served the minimum term of his sentence, he is already
eligible for parole.
-prosec notes ka nalang pre. di ko na nasundan. Bilis eh.
-Disqualifications.
-does not apply to straight penalty. There must be a minimum and maximum term.
-First, get maximum term of the sentence considering the present circumstances, to get
minimum, lower with one degree.

HJBG.