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Atty. Claire L. Jamero: Book One
Atty. Claire L. Jamero: Book One
GENERAL PROVISIONS
REGARDING THE DATE OF
ENFORCEMENT AND APPLICATION
OF THE PROVISIONS
OF THIS CODE, AND REGARDING
THE OFFENSES, THE
PERSONS LIABLE AND THE
PENALTIES
CRIMINAL LAW -I
1) Intentional
TYPES OF
FELONY
Free, Intelligent
2) Culpable And intentional
3 ATTEMPTED
STAGES OF
FELONY EXECUTION
FRUSTRATED
CONSUMMATED Free, Intelligent
And Negligent
AS TO GRAVE
GRAVITY LESS GRAVE
LIGHT
FELONIES AND HOW IT IS COMMITTED TITLE II: CHAPTER 1
1) Intentional
TYPES OF
FELONY
2) Culpable ATTEMPTED
3
FELONY STAGES OF
EXECUTION
FRUSTRATED
GRAVE
CONSUMMATED
AS TO
GRAVITY LESS GRAVE
LIGHT
FELONIES AND HOW IT IS COMMITTED TITLE II: CHAPTER 1
1) Intentional
TYPES OF These are:
FELONY 1. Reclusion perpetua,
2) Culpable 2. Reclusion temporal, (12 years and 1
day to 20 years)
These are: 3. Perpetual or Temporary Absolute
1. Reclusion perpetua, 3 ATTEMPTED Disqualification, (6 years and 1 day to
2.FELONY STAGES OF
Reclusion temporal, (12 years and 1 day to 20 years)
FRUSTRATED 12 years)
EXECUTION
3. Perpetual or Temporary Absolute Disqualification,CONSUMMATED
(6 years and 1 day to 12 years) 4. Perpetual or Temporary Special
4. Perpetual or Temporary Special Disqualification, (6 years and 1 day to 12 years) Disqualification, (6 years and 1 day to
5. Prision mayor, ((6 years and 1 day to 12 years) 12 years)
6. Fines more than Php 6000. 5. Prision mayor, ((6 years and 1 day to
AS TO GRAVE 12 years)
GRAVITY LESS GRAVE 6. Fines more than Php 6000.
LIGHT
FELONIES AND HOW IT IS COMMITTED TITLE II: CHAPTER 1
1) Intentional
TYPES OF Less Grave Felony
FELONY
2) Culpable These are:
1. Prision correccional, (6 months and
These are: 1 day to 6 years)
1. Reclusion perpetua, 3 ATTEMPTED 2. Arresto mayor, (1 month and 1 day
2.FELONY STAGES OF
Reclusion temporal, (12 years and 1 day to 20 years)
FRUSTRATED to 6 months)
EXECUTION
3. Perpetual or Temporary Absolute Disqualification,CONSUMMATED
(6 years and 1 day to 12 years) 3. Suspension,
4. Perpetual or Temporary Special Disqualification, (6 years and 1 day to 12 years) 4. Destierro,
5. Prision mayor, ((6 years and 1 day to 12 years) 5. Fines equal to or more than Php
6. Fines more than Php 6000. 200 but less than Php
AS TO GRAVE 6000.
GRAVITY LESS GRAVE
LIGHT
FELONIES AND HOW IT IS COMMITTED TITLE II: CHAPTER 1
1) Intentional
TYPES OF
FELONY
2) Culpable
These are: Light felonies are those
1. Reclusion perpetua, 3 infractions of law for the
ATTEMPTED
2.FELONY STAGES OF
Reclusion temporal, (12 years and 1 day to 20 years) commission of which a
FRUSTRATED penalty of arrest menor or
EXECUTION
3. Perpetual or Temporary Absolute Disqualification,CONSUMMATED
(6 years and 1 day to 12 years)
4. Perpetual or Temporary Special Disqualification, (6 years and 1 day to 12 years) a fine not exceeding 200
5. Prision mayor, ((6 years and 1 day to 12 years) pesos or both; is provided.
6. Fines more than Php 6000.
AS TO GRAVE
GRAVITY LESS GRAVE
LIGHT
FELONIES AND HOW IT IS COMMITTED TITLE II: CHAPTER 1
AS TO GRAVE
GRAVITY LESS GRAVE 2) IMPOSSIBLE
LIGHT CRIME
MODIFYING CIRCUMSTANCES TITLE ONE: Chapter II
EXEMPTING MITIGATING
JUSTIFYING
CIRCUMSTANCES CIRCUMSTANCES
CIRCUMSTANCES
MODIFYING CIRCUMSTANCES TITLE ONE: Chapter II
AGGRAVATING
CIRCUMSTANCES ALTERNATIVE
CIRCUMSTANCES
MODIFYING CIRCUMSTANCE TITLE II: CHAPTER 2
JUSTIFYING CIRCUMSTANCES
1.relationship,
1
Alternative circumstances
2 EXEMPTING CIRCUMSTANCES are those which must be
2. Intoxication
3 MITIGATING CIRCUMSTANCES
taken into consideration
as aggravating or
3. and the degree of
FELONY
4relationship,
AGGRAVATING CIRCUMSTANCES
intoxication and
mitigating
the degree of instruction and education of the offender.
according to the nature and
instruction and education
5 ALTERNATIVE CIRCUMSTANCES Article 15 effects of the crime and the
1 JUSTIFYING CIRCUMSTANCES
The effect of this is to absolve
2 EXEMPTING CIRCUMSTANCES the offender from criminal
3 MITIGATING CIRCUMSTANCES liability, although not from civil
FELONY liability. It has the same effect
4 AGGRAVATING CIRCUMSTANCES as an exempting circumstance,
5 ALTERNATIVE CIRCUMSTANCES but you do not call it as such
in order not to confuse it with
6 EXTENUATING CIRCUMSTANCES
the circumstances under
7 ABSOLUTORY CAUSE Article 12.
ARTICLEARTICLE 11: JUSTIFYING
11. Justifying Circumstances. — The followingCIRCUMSTANCES
do not incur any criminal liability:
CHAPTER 2
1. Anyone
ARTICLE who 11.
actsJustifying
in defenseCircumstances.
of his person or— rights,
Theprovided
following that
dothenotfollowing
incur any circumstances concur:
criminal liability:
First.1.Unlawful
Anyone aggression;
who acts in defense of his person or rights, provided that the following circumstances concur:
Second. Reasonable necessity of the means employed to prevent or repel it;
First. Unlawful aggression;
Third. Lack of sufficient provocation on the part of the person defending himself.
Second.
2. Anyone whoReasonable necessity
acts in defense of the of the means
person or rightsemployed to prevent
of his spouse, or repel
ascendants, it;
descendants, or legitimate, natural or adopted
Third.orLack
brothers of or
sisters, sufficient provocation
of his relatives on in
by affinity thethepart
same ofdegrees,
the person defending
and those himself. within the fourth civil degree,
by consanguinity
provided that the first and second requisites prescribed in the next preceding circumstance are present, and the further requisite,
2. Anyone
in case who actswas
the provocation in given
defense of the
by the personperson or rights
attacked, of one
that the his spouse, ascendants,
making defense had nodescendants,
part therein.
or legitimate,
3. Anyone who actsnatural or of
in defense adopted brothers
the person or of
or rights sisters, or ofprovided
a stranger, his relatives by first
that the affinity
and in the same
second degrees,
requisites and in the
mentioned
firstthose
circumstance of this article
by consanguinity are present
within and that
the fourth civilthe personprovided
degree, defendingthatbe nottheinduced
first andby second
revenge,requisites
resentment, or other evil
prescribed
motive.
in the next preceding circumstance are present, and the further requisite, in case the provocation was given
4. Any person who, in order to avoid an evil or injury, does an act which causes damage to another, provided that the following
by the person attacked, that the one making defense had no part therein.
requisites are present:
First. That the evil sought to be avoided actually exists;
3. Anyone
Second. That thewho acts
injury in defense
feared be greaterof the
thanperson
that done or to
rights
avoidofit;a stranger, provided that the first and second
requisites
Third. That there mentioned
be no other in practical
the firstand
circumstance
less harmful of this of
means article are present
preventing it. and that the person defending be not
induced
5. Any personbywhorevenge, resentment,
acts in the fulfillment or
of aother
duty orevilinmotive.
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.
ARTICLEARTICLE 11: JUSTIFYING
11. Justifying Circumstances. CIRCUMSTANCES
— The following do not incur any criminal liability:
CHAPTER 2
1. Anyone who acts in defense of his person or rights, provided that the following circumstances concur:
ARTICLE
First. 11. Justifying Circumstances. — The following do not incur any criminal liability:
Unlawful aggression;
XXX
Second. Reasonable necessity of the means employed to prevent or repel it;
Third. Lack of sufficient provocation on the part of the person defending himself.
4. Any person who, in order to avoid an evil or injury, does an act which causes damage to
2. Anyone who acts in defense of the person or rights of his spouse, ascendants, descendants, or legitimate, natural or adopted
another,
brothers provided
or sisters, or of histhat thebyfollowing
relatives requisites
affinity in the areand
same degrees, present:
those by consanguinity within the fourth civil degree,
First.that
provided That thethe
first evil sought
and second to be prescribed
requisites avoided inactually
the next exists;
preceding circumstance are present, and the further requisite,
in case the provocation was given by the person attacked, that the one making defense had no part therein.
Second. That the injury feared be greater than that done to avoid it;
3. Anyone who acts in defense of the person or rights of a stranger, provided that the first and second requisites mentioned in the
firstThird. That there
circumstance be no
of this article areother
presentpractical
and that theand lessdefending
person harmful be means
not inducedof by
preventing it.
revenge, resentment, or other evil
motive.
4. Any person who, in order to avoid an evil or injury, does an act which causes damage to another, provided that the following
5. Any person who acts in the fulfillment of a duty or in the lawful exercise of a right or office.
requisites are present:
First. That the evil sought to be avoided actually exists;
6. Any
Second. Thatperson
the injurywhofearedacts in obedience
be greater to an
than that done order
to avoid it; issued by a superior for some lawful
Third. That there be no other practical and less harmful means of preventing it.
purpose.
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.
MODIFYING CIRCUMSTANCE TITLE II: CHAPTER 2
2 DEFENSE OF RELATIVES
Two kinds of aggression:
REQUISITE
3 DEFENSE OF STRANGER 1. Unlawful
JUSTIFYING 2. Lawful : The fulfillment of
CIRCUMST AVOIDANCE OF GREATER EVIL a duty or the exercise of
4 OR INJURY
ANCES a right in a more or less
FULLFILMENT OF DUTY OR LAWFUL violent manner is an
5 aggression,
EXERCISE OF RIGHT OR DUTY
but it is lawful.
6 OBEDIENCE TO A LAWFUL ORDER
1 SELF-DEFENSE
2 DEFENSE OF RELATIVES
3 DEFENSE OF STRANGER
JUSTIFYING
CIRCUMST AVOIDANCE OF GREATER EVIL
4 OR INJURY
ANCES
FULLFILMENT OF DUTY OR LAWFUL
5
EXERCISE OF RIGHT OR DUTY
1 SELF-DEFENSE
Basis Of Justification:
2 DEFENSE OF RELATIVES The justification of this
clause is formed not
3 DEFENSE OF STRANGER only upon a
JUSTIFYING
CIRCUMST AVOIDANCE OF GREATER EVIL
humanitarian
ANCES 4 OR INJURY sentiment, but also
FULLFILMENT OF DUTY OR LAWFUL
upon the impulse of
5
EXERCISE OF RIGHT OR DUTY blood.
6 OBEDIENCE TO A LAWFUL ORDER
1. Unlawful aggression
3 DEFENSE OF STRANGER
JUSTIFYING 2. Reasonable necessity of
CIRCUMST AVOIDANCE OF GREATER EVIL the means employed to
ANCES 4 OR INJURY prevent or repel it
3. In case of provocation was
FULLFILMENT OF DUTY OR LAWFUL
5
EXERCISE OF RIGHT OR DUTY
given by the person attacked,
the one making a defense had
6 OBEDIENCE TO A LAWFUL ORDER no part therein
1 SELF-DEFENSE Elements
2 DEFENSE OF RELATIVES
1. That the evil sought to be
avoided actually exists.
3 DEFENSE OF STRANGER
JUSTIFYING 2. That the injury feared be
CIRCUMST AVOIDANCE OF GREATER EVIL greater than that done to
ANCES 4 OR INJURY avoid it
3. That there be no other
FULLFILMENT OF DUTY OR LAWFUL
5
EXERCISE OF RIGHT OR DUTY
practical and less harmful
means of preventing it.
6 OBEDIENCE TO A LAWFUL ORDER
1 SELF-DEFENSE
ELEMENTS:
1. That the accused acted
2 DEFENSE OF RELATIVES in the performance of a
duty or in the lawful
3 DEFENSE OF STRANGER exercise of a right or
JUSTIFYING office.
CIRCUMST AVOIDANCE OF GREATER EVIL
4 OR INJURY 2. That the injury caused or
ANCES
the offense committed be
FULLFILMENT OF DUTY OR LAWFUL the necessary consequence
5
EXERCISE OF RIGHT OR DUTY of the due performance of
duty or the lawful exercise
6 OBEDIENCE TO A LAWFUL ORDER of such right or office.
1 SELF-DEFENSE ELEMENTS:
1. That an order has
2 DEFENSE OF RELATIVES been issued by a
superior
3 DEFENSE OF STRANGER 2. That such order
JUSTIFYING must be for some
CIRCUMST AVOIDANCE OF GREATER EVIL lawful purpose
4 OR INJURY
ANCES 3. That the means
FULLFILMENT OF DUTY OR LAWFUL used by the
5
EXERCISE OF RIGHT OR DUTY subordinate to carry
out said order
6 OBEDIENCE TO A LAWFUL ORDER
is lawful.