Atty. Claire L. Jamero: Book One

THE REVISED PENAL CODE OF THE PHILIPPINES 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
ATTY. CLAIRE L. JAMERO

FELONIES AND HOW IT IS COMMITTED TITLE II: CHAPTER 1
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
1) Intentional
TYPES OF
FELONY
2) Culpable ATTEMPTED
3
FELONY STAGES OF
EXECUTION
FRUSTRATED
GRAVE
CONSUMMATED
AS TO
GRAVITY LESS GRAVE
LIGHT
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
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
(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
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
(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
1) Intentional Free, Intelligent

TYPES OF And intentional HOW COMMITTED
FELONY
Free, Intelligent 1)1)
Mistake in the
By any Blow
person
2) Culpable
And Negligent 2) Mistaken Identity a
committing
3) No felony
Intention to
although
3 ATTEMPTED
STAGES OF Commit Sowrongful
the Grave A Wrong
act
FELONY EXECUTION
FRUSTRATED
done be different
CONSUMMATED
from that which
he intended.
AS TO GRAVE
GRAVITY LESS GRAVE 2) IMPOSSIBLE
LIGHT CRIME
MODIFYING CIRCUMSTANCES TITLE ONE: Chapter II
- These are the circumstances

affecting criminal liability.
EXEMPTING MITIGATING
JUSTIFYING
CIRCUMSTANCES CIRCUMSTANCES
CIRCUMSTANCES
AGGRAVATING
CIRCUMSTANCES ALTERNATIVE
CIRCUMSTANCES
MODIFYING CIRCUMSTANCE TITLE II: CHAPTER 2
1 JUSTIFYING CIRCUMSTANCES Article 11 Justifying circumstances:

1) SELF-DEFENSE are those where the act of a person is
2) DEFENSE2 OFEXEMPTING
RELATIVES CIRCUMSTANCES said to be in accordance with law,
3) DEFENSE OF STRANGER so that such person is deemed not
4) AVOIDANCE
3 OF GREATER
MITIGATING EVIL OR INJURY
CIRCUMSTANCES to have transgressed the law and is
free from both criminal and civil
FELONY
5) FULLFILMENT OF DUTY OR LAWFUL liability.
4 AGGRAVATING CIRCUMSTANCES
1)
EXERCISE OF RIGHT OR DUTY
6) OBEDIENCE
5
TO A LAWFUL
ALTERNATIVE ORDER
CIRCUMSTANCES There is no civil liability, except in
par. 4 of Art. 11, where the civil
6 EXTENUATING CIRCUMSTANCES liability is borne by the persons
benefited by the act.
7 ABSOLUTORY CAUSE
1) Imbecility 1 and insanity

JUSTIFYING CIRCUMSTANCES Exempting circumstances
2) Minor Under 2 9 yrs.CIRCUMSTANCES
EXEMPTING Old Article 12
(non-imputability) are
3) Minor Over 9 and under15 years those grounds for
3 MITIGATING CIRCUMSTANCES exemption from
4) Accident
FELONY punishment because there
Imbecility and insanity 4
5) IrresistibleAGGRAVATING
Force CIRCUMSTANCES
is wanting in the agent of
6) Uncontrollable 5 FearCIRCUMSTANCES
ALTERNATIVE the crime any of the
7) Prevented 6
by Insuperable
EXTENUATING Cause
CIRCUMSTANCES conditions which make the
act voluntary or negligent.
7 ABSOLUTORY CAUSE
1) Incomplete1 Justifying or CIRCUMSTANCES

JUSTIFYING exempting Circumstance Mitigating Circumstances:
2) Under 18 or over 70 years old. are those which, if
2 EXEMPTING CIRCUMSTANCES
3) No intention to commit so grave a Wrong. present in the
4) Provocation 3 or Threat CIRCUMSTANCES
MITIGATING Article 13 commission of the
FELONY
5) Vindication of Grave Offense crime, do not entirely
1
6) Passion or Obfuscation free the actor from
7) Voluntary Surrender
5 and Confession
ALTERNATIVE Of Guilt
CIRCUMSTANCES criminal liability, but
8) Physical Defect serve only to reduce the
6 EXTENUATING CIRCUMSTANCES
9) Illness of the Offender penalty.
10) Similar and
7 Analogous
ABSOLUTORY Circumstances
CAUSE
Kinds of aggravating
MODIFYING circumstances:
CIRCUMSTANCE TITLE II: CHAPTER 2
1)Generic or those that can generally

1 JUSTIFYING CIRCUMSTANCES
apply to all crime; Aggravating circumstances
are those which, if
2)Specific2 orEXEMPTING
those that apply only to a
CIRCUMSTANCES
attendant in the
particular3 crime;
MITIGATING CIRCUMSTANCES commission of the crime,
FELONY serve to increase the
3)Qualifying
4 or those CIRCUMSTANCES
AGGRAVATING that change the
Article 14
penalty without, however,
nature of5 the crime; CIRCUMSTANCES
ALTERNATIVE exceeding the maximum of
4)Inherent
6
or those
EXTENUATING
that must of
CIRCUMSTANCES
the penalty provided by
law for the offense.
necessity accompany the
7 ABSOLUTORY CAUSE
commission of the crime.
ARTICLE 12: AGGRAVATING CIRCUMSTANCES
ARTICLE 11. Justifying 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:
First.ARTICLE 14.Aggravating Circumstances. — The following are aggravating circumstances:
Unlawful aggression;
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.
1.That
2. Anyone whoadvantage
acts in defensebeoftaken by the
the person offender
or rights of hisascendants,
of his spouse, public position.
descendants, or legitimate, natural or adopted
2.That
brothers the crime
or sisters, or of hisbe committed
relatives by affinity in contempt
in the of or
same degrees, andwith
those insult to the public
by consanguinity authorities.
within the fourth civil degree,
provided that the
3. That thefirst
actandbesecond requisites with
committed prescribed
insultin the
ornext preceding circumstance
in disregard are present,
of the respect dueandtothe
thefurther requisite,
offended
in case the provocation was given by the person attacked, that the one making defense had no part therein.
partywhoonactsaccount
3. Anyone in defenseof hisperson
of the rank,orage, orof sex,
rights or that
a stranger, it be
provided that committed in the
the first and second dwelling
requisites of the
mentioned in the
offended party,
first circumstance if theare
of this article latter hasandnot
present thatgiven provocation.
the person defending be not induced by revenge, resentment, or other evil
motive.
4.That the act be committed with abuse of confidence or obvious ungratefulness.
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. That
requisites the crime be committed in the palace of the Chief Executive, or in his presence, or
are present:
First.where public
That the evil soughtauthorities are engaged
to be avoided actually exists; in the discharge of their duties, or in a place
Second. That the injury
dedicated feared be greater
to religious than that done to avoid it;
worship.
Third. That there be no other practical and less harmful 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.
CHAPTER 2
6. That aggression;
First. Unlawful 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
2. Anyone who acts in more
defense than three
of the personarmed
or rightsmalefactors shall have
of his spouse, ascendants, acted together
descendants, in the
or legitimate, commission
natural or adopted
of an
brothers offense
or sisters, it his
or of shall be deemed
relatives by affinity intothe
have
samebeen committed
degrees, and those by by a band. within the fourth civil degree,
consanguinity
provided that the first and second requisites prescribed in the next preceding circumstance are present, and the further requisite,
7. That the crime be committed on the occasion of a conflagration, shipwreck, earthquake,
epidemic
3. Anyone who actsor in other
defense ofcalamity
the personorormisfortune.
rights of a stranger, provided that the first and second requisites mentioned in the
8. That theofcrime
first circumstance be are
this article committed
present and with the
that the aid defending
person of armed men
be not or persons
induced by revenge,who insureororother
resentment, afford
evil
motive.
impunity.
9. That
requisites the accused is a recidivist.
are present:
A recidivist
First. That is one
the evil sought to bewho,
avoidedatactually
the time exists;of his trial for one crime, shall have been previously
Second. That the injury feared be greater than that done to avoid it;
convicted by final judgment of another crime embraced in the same title of this Code.
CHAPTER 2
First. Unlawful aggression;
Second.10.Reasonable
That thenecessity
offender has
of the been
means previously
employed punished
to prevent for an offense to which the law attaches
or repel it;
Third.an equal
Lack or greater
of sufficient penalty
provocation on theor for
part of two or more
the person crimes
defending to which it attaches a lighter penalty.
himself.
2. Anyone who acts in defense of the person or rights of his spouse, ascendants, descendants, or legitimate, natural or adopted
11. That the crime be committed in consideration of a price, reward, or promise.
brothers or sisters, or of his relatives by affinity in the same degrees, and those by consanguinity within the fourth civil degree,
12. that
provided Thatthethefirstcrime be committed
and second by means
requisites prescribed of inundation,
in the next fire, poison,
preceding circumstance explosion,
are present, and the stranding of
further requisite,
in casea the
vessel or intentional
provocation was given bydamage
the personthereto,
attacked, derailment of a defense
that the one making locomotive, or by
had no part the use of any
therein.
3. Anyone who acts in defense of the person or rights of a stranger, provided that the first and second requisites mentioned in the
other artifice involving great waste and ruin.
first circumstance of this article are present and that the person defending be not induced by revenge, resentment, or other evil
motive.13. That the act be committed with evident premeditation.
4. Any14. Thatwho,
person craft, fraud,
in order or disguise
to avoid be employed.
an evil or injury, does an act which causes damage to another, provided that the following
requisites are present:
15. That advantage be taken of superior strength, or means be employed to weaken the
First. That the evil sought to be avoided actually exists;
Second.defense.
That the injury feared be greater than that done to avoid it;
CHAPTER 2
First.16. That the
Unlawful act be committed with treachery (alevosia).
aggression;
Second. Reasonable
There necessity
is treachery when of the
themeans employed
offender commits to prevent
any of or
therepel it; against the person, employing means, methods,
crimes
Third.orLack of sufficient
forms provocation
in the execution on thewhich
thereof part oftend
the person defending
directly himself.to insure its execution, without risk to
and specially
2. Anyone who
himself acts infrom
arising defensetheofdefense
the person
whichor rights of his spouse,
the offended partyascendants,
might make. descendants, or legitimate, natural or adopted
brothers or sisters, or of his relatives by affinity in the same degrees, and those by consanguinity within the fourth civil degree,
17. That means be employed or circumstances brought about which add ignominy to the natural effects of the
act.
18. That
3. Anyone whotheactscrime be committed
in defense of the personafter
or an unlawful
rights entry. There
of a stranger, provided is that
an unlawful entry
the first and whenrequisites
second an entrance is effected
mentioned in the
by a way notofintended
first circumstance forarethe
this article purpose.
present and that the person defending be not induced by revenge, resentment, or other evil
19. That as a means to the commission of a crime a wall, roof, floor, door, or window be broken.
motive.
4. Any20. That who,
person the crime
in order betocommitted with
avoid an evil the aid
or injury, of persons
does under
an act which fifteen
causes years
damage to of age orprovided
another, by meansthatofthe
motor
following
vehicles, airships, or other similar means.
First.21.
That the the
That evil sought
wrong to be avoided
done actually exists;of the crime be deliberately augmented by causing other wrong not
in the commission
Second. That thefor
necessary injury
its feared be greater than that done to avoid it;
commission.
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
other conditions attending

of the offender.
its commission.
7 ABSOLUTORY CAUSE
1 JUSTIFYING CIRCUMSTANCES The effect of this is to

2 EXEMPTING CIRCUMSTANCES
mitigate the criminal
liability of the offender. In
3 MITIGATING CIRCUMSTANCES other words, this has the
FELONY same effect as mitigating
circumstances, only you
5 ALTERNATIVE CIRCUMSTANCES do not call it mitigating
6 EXTENUATING CIRCUMSTANCES because this is not found
in Article 13.
7 ABSOLUTORY CAUSE
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
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:
First. Unlawful aggression;
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
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
by the person attacked, that the one making defense had no part therein.
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.
ARTICLEARTICLE 11: JUSTIFYING
11. Justifying Circumstances. CIRCUMSTANCES
— The following do not incur any criminal liability:
CHAPTER 2
ARTICLE
First. 11. Justifying Circumstances. — The following do not incur any criminal liability:
Unlawful aggression;
XXX
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,
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.
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
purpose.
1 SELF-DEFENSE  Covered by the first paragraph of

Article 11.
2 DEFENSE OF RELATIVES  Self defense must be proved

with certainty by sufficient,
DEFENSE OF STRANGER satisfactory and convincing
3
JUSTIFYING evidence that excludes any
vestige of criminal aggression on
CIRCUMST AVOIDANCE OF GREATER EVIL the part of the person invoking it.
4 OR INJURYD
ANCES
 The plea of self defense cannot
FULLFILMENT OF DUTY OR LAWFUL be justifiably entertained where
5
EXERCISE OF RIGHT OR DUTY it is not only uncorroborated by
any separate competent
6 OBEDIENCE TO A LAWFUL ORDER evidence but in itself is extremely
doubtful.
ARTICLE 11: JUSTIFYING CIRCUMSTANCES

1 SELF-DEFENSE What are the Rights

Included In Self-Defense?
2 DEFENSE OF RELATIVES ANSWER:
3 DEFENSE OF STRANGER Aside from the right to life

JUSTIFYING on which rests the legitimate
CIRCUMST AVOIDANCE OF GREATER EVIL defense of our person, we
4 OR INJURY
ANCES have the right to property
FULLFILMENT OF DUTY OR LAWFUL acquired
5
EXERCISE OF RIGHT OR DUTY by us, and the right to
honor which is not the lease
6 OBEDIENCE TO A LAWFUL ORDER
prized of man’s patrimony.

1 SELF-DEFENSE Reason Why Penal Law

Makes Self-Defense Lawful?
3 DEFENSE OF STRANGER It is lawful because it would

JUSTIFYING be quite impossible for the
CIRCUMST AVOIDANCE OF GREATER EVIL state in all cases to prevent
4 OR INJURY
ANCES aggression upon its
FULLFILMENT OF DUTY OR LAWFUL citizens (and even
5
EXERCISE OF RIGHT OR DUTY foreigners) and offer
protection to the person
6 OBEDIENCE TO A LAWFUL ORDER unjustly attacked.

1 SELF-DEFENSE Reason Why Penal Law

Makes Self-Defense Lawful?
3 DEFENSE OF STRANGER  It cannot be conceived

JUSTIFYING that people should
CIRCUMST AVOIDANCE OF GREATER EVIL
ANCES 4 OR INJURY succumb to unlawful
aggression without
FULLFILMENT OF DUTY OR LAWFUL
5
EXERCISE OF RIGHT OR DUTY offering any resistance
 The idea of self
preservation
1 SELF-DEFENSE WHAT are the Elements Of Self-

Defense?
3 DEFENSE OF STRANGER 1.Unlawful aggression

JUSTIFYING 2. Reasonable necessity of the
CIRCUMST AVOIDANCE OF GREATER EVIL means employed to prevent
4 OR INJURY
ANCES or repel it.
FULLFILMENT OF DUTY OR LAWFUL 3. Lack of sufficient
5 provocation on the part of
the person defending himself

1 SELF-DEFENSE WHAT is the Meaning Of

Unlawful Aggression?
REQUISITE
3 DEFENSE OF STRANGER 1. Unlawful aggression is
JUSTIFYING equivalent to assault or at
ANCES 4 OR INJURY least
threatened assault of an
5
EXERCISE OF RIGHT OR DUTY immediate or imminent
kind.


REQUISITE
3 DEFENSE OF STRANGER 2. There is unlawful
JUSTIFYING aggression when the peril
ANCES 4 OR INJURY to one’s
life, limb, or right is either
5
EXERCISE OF RIGHT OR DUTY actual or imminent.


REQUISITE
3 DEFENSE OF STRANGER 3. There must be an
JUSTIFYING actually physical assault
ANCES 4 OR INJURY upon a
person, or at least a
5
EXERCISE OF RIGHT OR DUTY threat to inflict real
injury.

1 SELF-DEFENSE WHAT are the KINDS Aggression?

ANSWER:
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,
but it is lawful.

1 SELF-DEFENSE Reasonable Necessity Of The

Means Employed To Prevent Or
2 DEFENSE OF RELATIVES Repel It
REQUISITE
 Presupposes the existence
3 DEFENSE OF STRANGER of unlawful aggression
JUSTIFYING
which is
4 OR INJURY either imminent or actual.
ANCES
FULLFILMENT OF DUTY OR LAWFUL This requisite of self-
5
defense entails
6 OBEDIENCE TO A LAWFUL ORDER necessity.

1 SELF-DEFENSE Lack Of Sufficient Provocation On The

Part Of The Person Defending Himself
2 DEFENSE OF RELATIVES REQUISITE

To be entitled to the
3 DEFENSE OF STRANGER benefit of the justifying
JUSTIFYING circumstance of
CIRCUMST AVOIDANCE OF GREATER EVIL self-defense, the one
4 OR INJURY
ANCES defending himself must not
FULLFILMENT OF DUTY OR LAWFUL have given
5
EXERCISE OF RIGHT OR DUTY cause for the aggression by
his unjust conduct.

CASE ANALYSIS:
In the spirit of fun, A (who is a soldier)
tells B (who is also a soldier) that the
latter does not have a singing voice. With
In thethe
spirit of fun,same spirit
A (who is a soldier) tells B (whoof fun, that theB latter does not have a singing voice. With the same
is also a soldier)
spirit
seized A by the throat.
of
A
seizes A by the throat.A ends up killing B using a rifle.
ends up
fun,
killing B puts
B using a rifle. Is their unlawful aggression

on the part of A. If yes, is he criminally
liable?
SELF-DEFENSE: UNLAWFUL AGGRESSION

CASE ANALYSIS:
PROBLEM: While a woman was sleeping, her
sister and brother-in-law went to see a movie and
came home late that evening. The accused was
already asleep. The brother-in-law came up first
while
In the spirit of fun, A (who is a soldier) tells B (whohis is alsowife was
a soldier) that still in does
the latter thenotstaircase. HeWith
have a singing voice. started
the same
spirit of feeling through fun, the dark, and B in the process, he puts
awakened
seizes A by the throat.A ends up killing B using a rifle. the accused. Believing that her honor
was at stake, she got a pair of scissors and
stabbed the man. When the lights were turned on,
she realized that she had stabbed her brother-in-
law. Is the act of the woman justified? Explain your
answer.

CASE ANALYSIS:
PROBLEM: A and B are long standing
enemies. Because of their continuous
quarrel over the boundaries of their
adjoining properties, when A saw B one
afternoon,
In the spirit of fun, A (who is a soldier) tells B (who he
is also a soldier) that approached the
the latter does not have latter
a singing in the
voice. With a same
spirit of
menacing
seizes A by the throat.A ends up killing B using a rifle. manner
fun,
with a bolo
B
in his hand. puts
When he was about five feet away from B,

B pulled out a revolver and shot A on the
chest, killing him. Is the act of B
justified? Explain your answer.

CASE ANALYSIS:
PROBLEM: Juan and Jose met in the

street. Juan slapped the face Jose and
In the spirit of fun, A (who is a soldier) tells Bthe
(who islatter repelled
also a soldier) that the latteritdoes
bynotclubbing him
have a singing voice. With and
the same
spirit of inflicting fun, upon him less Bserious physicalputs
injury. Is the act of slapping another an
unlawful aggression? Explain your
answer.

CASE ANALYSIS:
PROBLEM: Teodoro Sabio was squatting with a friend,
Irving Jurilla, in a plaza. Romeo Bacobo and two others —
Ruben Minosa and Leonardo Garcia — approached them.
All of them were close and old friends. Romeo Bacobo then
asked Sabio where he spent the holy week. At the same
In the spirit of fun, A (who is a soldier) tells Btime, he a gave
(who is also Sabio
soldier) that a "foot-kick
the latter does not have agreeting," touching
singing voice. With the same
spirit of Sabio's foot with fun, his own left foot. BSabio thereupon stood puts
seizes A by the throat.A ends up killing B usingup and dealt Romeo Bacobo a fist blow, inflicting upon him
a rifle.
a lacerated wound, 3/4 inch long, at the upper lid of the
left eye. It took from 11 to 12 days to heal and prevented
Romeo Bacobo from working during said period as
employee of Victorias Milling Co., Inc.

CASE ANALYSIS:
PROBLEM: The deceased was the banker in a game of black jack.
The accused posted himself behind the deceased acting as a spotter of
the latter's cards and communicating by signs to his partner. Upon
discovering the trick, the deceased and the accused almost came to
blows. Subsequently, while the accused was seated on a bench the
deceased came and forthwith gave a blow with a "pingahan,“ but the
In theaccused
spirit ofavoided
fun, A (who
the isblow
a soldier) tells B (who
by crawling under is the
also bench.
a soldier)
Thethat the latter does not have a singing voice. With the same
deceased
spiritcontinued with second andofthird blows, and the accused fun,in a crawling B puts
seizesposition
A by the fired
throat.A ends
with hisuprevolver.
killing B using a rifle.to hand fight ensued, the
A hand
deceased with his dagger and the accused using his bolo. Having
sustained several wounds, the deceased ran away, but was followed
by the accused and another fight took place, during which a mortal
blow was delivered by the accused, slashing the cranium of the
deceased.

CASE ANALYSIS:
PROBLEM: A was an electrician while B was
his assistant. A called B to him, who instead of
approaching asked him, "Why are you calling
me?" A considered the retort as a provocative
answer and suddenly threw a 4 by 2 inches
In the spirit of fun, A (who is a soldier) tells B (who is also a soldier) that the latter does not have a singing voice. With the same
spirit of piece of wood fun, at B. B retaliated B by throwing at puts
seizes A by the throat.A ends up killing B usingAa rifle.
the same piece of wood. A picked up the
piece of wood, approached B and started to
beat him with the piece of wood. B defended
himself with a screwdriver and inflicted a
mortal wound on A.

1 SELF-DEFENSE Relatives That Can Be Defended

1. Spouse
2 DEFENSE OF RELATIVES 2. Ascendants
3. Descendants
4. Legitimate, natural or adopted
3 DEFENSE OF STRANGER brothers and sisters, or relatives
JUSTIFYING by affinity in the same degrees
CIRCUMST AVOIDANCE OF GREATER EVIL o Relatives by affinity à because of
4 OR INJURY marriage
ANCES 5. Relatives by consanguinity within
FULLFILMENT OF DUTY OR LAWFUL the fourth civil degree.
5 o Relatives by consanguinity à
blood relatives

1 SELF-DEFENSE
3 DEFENSE OF STRANGER
JUSTIFYING
4 OR INJURY
ANCES
5

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
humanitarian
ANCES 4 OR INJURY sentiment, but also
upon the impulse of
5
EXERCISE OF RIGHT OR DUTY blood.

1 SELF-DEFENSE Elements Of Defense Of

Relatives
1. Unlawful aggression
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
5
given by the person attacked,
the one making a defense had
6 OBEDIENCE TO A LAWFUL ORDER no part therein

CASE ANALYSIS:
PROBLEM: The accused, at a distance of
about 20 "brazas" from his house, heard his
wife shouting for help. He rushed to the house
and once inside saw the deceased on top of his
spirit wife. He drewof his bolo and hacked fun, the B puts
deceased at the base of his neck when the latter
was forcibly abusing his wife. Is the accused
criminally liable?
DEFENSE OF RELATIVES: LACK OF PROVOCATION

CASE ANALYSIS:
Domingo challenged Albert to prove who of them
Domingo Rivera challenged the deceased towas prove the
who ofbetter
them man. Thereafter, Albert picked up a
was the better man.When the deceased picked up a bolo and
bolo deceased
went after him, Domingo Rivera took to flight.The and went after Domingo. Domingo run away
pursued him and upon overtaking him inflicted from Albert. Albert pursued Domingo and upon
two wounds.
Antonio Rivera, father of Domingo, rushed to his son's assistance
and struck with a cane the bolo from the handsovertaking him inflicted two wounds. Antonio the
of the deceased.
Domingo Rivera inflicted fatal wounds upon the deceased.While
father of Domingo, rushed to his son's assistance
the son was originally at fault for giving provocation to the de_x0002_ceased, yet the father was justified in disarming the
deceased, and struck Albert with a cane which caused his
having acted in lawful defense of his son. But Domingo Rivera
was declared guilty of the crime of homicide. death. Is Antonio criminally liable for the death of
Albert.
DEFENSE OF RELATIVES: LACK OF PROVOCATION

1 SELF-DEFENSE Persons Deemed As

Strangers
persons not included in

JUSTIFYING the enumeration of
CIRCUMST AVOIDANCE OF GREATER EVIL relatives mentioned in
ANCES 4 OR INJURY paragraph 2 of this article
(close friend or distant
5
relatives are included).

1 SELF-DEFENSE Element For Defense Of

Stranger:
1. Unlawful aggression
JUSTIFYING 2. Reasonable necessity of
the means employed to
ANCES 4
OR INJURY prevent or repel it
5
3. The person defending be
not induced by revenge,
6 OBEDIENCE TO A LAWFUL ORDER resentment or other motive.

1 SELF-DEFENSE  Such defense must be actuated

by a disinterested or generous
2 DEFENSE OF RELATIVES motive, when it puts down
“revenge, resentment or other
DEFENSE OF STRANGER evil motive”
3
JUSTIFYING
CIRCUMST AVOIDANCE OF GREATER EVIL 3rd requisite would be
ANCES 4 OR INJURY lacking if such person was
prompted by
5
his grudge against the
assailant.

CASE ANALYSIS:
A was able to deprive B, a constabulary lieutenant, of
his pistol during the fray. B ordered C, a constabulary
soldier under his command, to search A for the pistol.
When
In the
spirit
spirit of fun,C was
A (who about
is a soldier)
of
to
tells B (who approach
is also a soldier) that the A
fun,
latterto
does search
not have a singinghim,
B
the
voice. With the same
puts
latter
seizes stepped
A by the throat.A ends up killingback and shot at C who was able to
B using a rifle.
avoid the shot. When A was about to fire again at C,

D, another constabulary soldier, fired at A with his rifle
which killed him. Is D criminally liable?
DEFENSE OF STRANGER: LACK OF PROVOCATION

1 SELF-DEFENSE Elements
1. That the evil sought to be
avoided actually exists.
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
5
practical and less harmful
means of preventing it.

CASE ANALYSIS:
CAMILO was driving his car on a narrow road
with due diligence and care when suddenly
he saw a "six by six" truck in front of his car.
If he would swerve his car to the left he would
fall into a precipice, or if he would swerve it to
spirit of
the right fun,
he would kill a B passer-by. CAMILO puts
was forced to choose between losing his life in
the precipice or sacrificing the life of the
innocent bystander. CAMILO choose to swerve
the car to the right killing the passerby Jose.
Is CAMILO criminally liable.
AVOIDANCE OF GREATER EVIL OR INJURY

CASE ANALYSIS:
CAMILO was driving his car on a narrow
road at full speed when suddenly he saw
a "six by six" truck in front of his car. If he
would swerve his car to the left he would
fall into a precipice, or if he would swerve
In the spirit of fun, A (who is a soldier) tells B (who isit
alsoto the that
a soldier) right hedoes
the latter would
not havekill a voice.
a singing passer-by.
With the same
spirit of fun, B puts
seizes A by the throat.A ends up killing B using a rifle. CAMILO was forced to choose between
losing his life in the precipice or sacrificing
the life of the innocent bystander. CAMILO
choose to swerve the car to the right
killing the passerby Jose. Is CAMILO
criminally liable.
CASE ANALYSIS:
Pio with a bolo and Severo with an axe
attacked Geminiano who was wounded.
Nearby, Juan embraced Marianito,
Geminiano's son, who had a gun slung on
his shoulder, and grappled with him.
spiritGeminiano died. of Pio, Severo andfun,Juan B puts
seizeswere
A by theprosecuted for murder.
throat.A ends up killing B using a rifle.Juan invoked
the justifying circumstance of avoidance
of a greater evil or injury (Par. 4, Article
11, R.P.C.) in explaining his act of
preventing Marianito from shooting Pio
and Severo. Decide.
CASE ANALYSIS:
MV Cebu while in transit to the port of
Manila from the port of Nasipit was
struck by typoon Bagyo. The ship
which was heavily loaded with goods
spirit of was infun, danger of sinking. B The captainputs
of the vessel ordered part of the
goods thrown overboard. Is the

captain of the vessel criminally liable
for causing part of the goods thrown
overboard?
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.
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.

CASE ANALYSIS:
Pablo was a detained prisoner at the
Nasipit Police Station. By means of
force and violence, Pablo leave his cell
and actually attempted to escape his
In the spirit of fun, A (who is a soldier) tells B (who is also cell.
a soldier)Juan, the does
that the latter policeman detailed
not have a singing voice. With to
the same
spirit of guard
fun, him caught him B while he was puts
on his way out of the station and give
him a warning shot on the air.
Notwithstanding the warnings given
by Jose, Pablo continue to escape. He
was shot by Jose. Decide.
FULFILLMENT OF A DUTY/LAWFUL EXERCISE OF A RIGHT

CASE ANALYSIS:
Lorenzo Napilon escaped from the jail
where he was serving sentence. Some
days afterwards the policeman, Felipe
Delima, who was looking for him, found him
in the house of Jorge Alegria, armed with a
pointed piece of bamboo in the shape of a
lance,
In the and
spirit of fun, demanded
A (who is a soldier) tellshis
B (whosurrender. The
is also a soldier) that the latter does not have a singing voice. With the same
fugitive answered of
spirit with a stroke of his fun,lance. B puts
The
seizes A by thepoliceman
throat.A ends updodged
killing B usingit, and to impose
a rifle.
his authority fired his revolver, but the
bullet did not hit him. The criminal ran
away, without parting with his weapon. The
peace officer went after him and fired again
his revolver, this time hitting and killing
him. Is the policeman criminally liable?
CASE ANALYSIS:
Four members of the police force went after him as soon as the
detention prisoner had escaped. When the escaping detainee
saw one of the policemen, he lunged at the latter, hitting him
Four members of the police force went after him as soon as the detention prisoner had escaped. When
with a stone on the right cheek, as a consequence of which he
the escaping detainee saw one of the policemen, he lunged at the latter, hitting him with a stone on the
fell down, and while in that position on the ground, he was
right cheek, as a consequence of which he
again struck with a stone by the escaping detainee; thereafter,
fell down, and while in that position on the ground, he was again struck with a stone by the escaping
the latter ran away pursued by the policeman and his
detainee; thereafter, the latter ran away pursued by the policeman and his companions; in the course
companions; in the course of the pursuit, the policeman fired a
of the pursuit, the policeman fired a warning shot into the air, and as the escaping detainee paid no
warning shot into the air, and as the escaping detainee paid no
heed to this, the policeman fired into the air four times more and kept on pursuing him; as the latter
heed to this, the policeman fired into the air four times more
was apparently widening the distance between them, and fearing that he might finally be able to elude
and kept on pursuing him; as the latter was apparently
arrest, the policeman fired directly at him while he was in the act of jumping again into another part of
widening the distance between them, and fearing that he might
the creek, the shot having hit him on the back. Decide.
finally be able to elude arrest, the policeman fired directly at
him while he was in the act of jumping again into another part
of the creek, the shot having hit him on the back. Decide.

CASE ANALYSIS:
When the guard called his order to

assemble, one of the prisoners
was missing. So, he ordered the
others to look for him. The other
In the prisoners
spirit of fun, A (who scampered.
is a soldier) tells B (who The guard
is also a soldier) that the latter does not have a singing voice. With the same
spirit
fired at two of
of the
prisoners,fun, B puts
wounding one (Abria) and killing

the other (Tipace). His reason was
to prevent the attempt of the
prisoners to escape.

CASE ANALYSIS:
A security guard accosted a thief who had
stolen ore in the tunnel of a mining
company. The thief tried to flee. The
security guard ordered him to stop, but the
latter disregarded the order. The security
In the spirit of fun, A (who is a soldier) tells Bguard
(who is alsofired
a soldier)four
that theshots
latter doesinto
not havethe air
a singing with
voice. his
With the same
spirit of carbine tofun, scare the thief Band to stop him.puts
seizes A by the throat.A ends up killing B using As the thief continued to flee, saying that
a rifle.
he would not stop even if he died, the
security guard fired a fifth shot directed at
the leg of the thief, but the bullet hit him in
the lumbar region. The thief died. Is the
guard criminally liable?
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
is lawful.

CASE ANALYSIS:
ABEL was convicted of the crime of qualified
theft and was sentence to suffer an
imprisonment of three (3) years. After three
(3) years, Judge Carmen issued a release
ABEL was convicted of the crime of qualified theft and was sentence to suffer an imprisonment of three (3) years. After three (3)
order
years, Judge Carmen issued a release order directing
directing the Director ofthe Director
the Bureau of the
of Jail Management Bureau
of Caraga of on
to release Abel
February 20, 2023. On February 14, 2023, Police
Jail Officer Bohol release Abelof
Management fromCaraga
prison. Is Policeto
Officer Bohol criminally
release Abel liable?
on February 20, 2023. On February 14,

2023, Police Officer Bohol release Abel from
prison. Is Police Officer Bohol criminally
liable?
OBEDIENCE TO A LAWFUL ORDER
CASE ANALYSIS:
Maria is a clerk of the Bank of the
Phillippines on contractual basis. Her
contract is about to expire and she was
instructed
Maria is a clerk of the Bankby her supervisor
of the Phillippines on contractual basis. HerMila
contract is to
about to expire and she was instructed by her
supervisor Mila to prepare her renewal contract and to forge the signature of its Branch Manager in order to fast track the
prepare her renewal contract and to forge
renewal of her contract. Is Maria criminally liable?
the signature of its Branch Manager in
order to fast track the renewal of her
contract. Maria did as instructed by Mila. Is
Maria criminally liable?
OBEDIENCE TO A LAWFUL ORDER
TO GOD BE THE GLORY
THANK YOU!!!
ATTY. CLAIRE L. JAMERO

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THE REVISED PENAL CODE OF THE PHILIPPINES BOOK ONE

ATTY. CLAIRE L. JAMERO

1) Intentional Free, Intelligent

- These are the circumstances

1 JUSTIFYING CIRCUMSTANCES Article 11 Justifying circumstances:

1) Imbecility 1 and insanity

1) Incomplete1 Justifying or CIRCUMSTANCES

1)Generic or those that can generally

other conditions attending

1 JUSTIFYING CIRCUMSTANCES The effect of this is to

1 SELF-DEFENSE  Covered by the first paragraph of

2 DEFENSE OF RELATIVES  Self defense must be proved

ARTICLE 11: JUSTIFYING CIRCUMSTANCES

1 SELF-DEFENSE What are the Rights

3 DEFENSE OF STRANGER Aside from the right to life

ARTICLE 11: JUSTIFYING CIRCUMSTANCES

1 SELF-DEFENSE Reason Why Penal Law

3 DEFENSE OF STRANGER It is lawful because it would

ARTICLE 11: JUSTIFYING CIRCUMSTANCES

1 SELF-DEFENSE Reason Why Penal Law

3 DEFENSE OF STRANGER  It cannot be conceived

1 SELF-DEFENSE WHAT are the Elements Of Self-

3 DEFENSE OF STRANGER 1.Unlawful aggression

ARTICLE 11: JUSTIFYING CIRCUMSTANCES

1 SELF-DEFENSE WHAT is the Meaning Of

ARTICLE 11: JUSTIFYING CIRCUMSTANCES

1 SELF-DEFENSE WHAT is the Meaning Of

ARTICLE 11: JUSTIFYING CIRCUMSTANCES

1 SELF-DEFENSE WHAT is the Meaning Of

ARTICLE 11: JUSTIFYING CIRCUMSTANCES

1 SELF-DEFENSE WHAT are the KINDS Aggression?

ARTICLE 11: JUSTIFYING CIRCUMSTANCES

1 SELF-DEFENSE Reasonable Necessity Of The

ARTICLE 11: JUSTIFYING CIRCUMSTANCES

1 SELF-DEFENSE Lack Of Sufficient Provocation On The

2 DEFENSE OF RELATIVES REQUISITE

ARTICLE 11: JUSTIFYING CIRCUMSTANCES

B using a rifle. Is their unlawful aggression

SELF-DEFENSE: UNLAWFUL AGGRESSION

SELF-DEFENSE: UNLAWFUL AGGRESSION

When he was about five feet away from B,

SELF-DEFENSE: UNLAWFUL AGGRESSION

PROBLEM: Juan and Jose met in the

SELF-DEFENSE: UNLAWFUL AGGRESSION

SELF-DEFENSE: UNLAWFUL AGGRESSION

SELF-DEFENSE: UNLAWFUL AGGRESSION

SELF-DEFENSE: UNLAWFUL AGGRESSION

1 SELF-DEFENSE Relatives That Can Be Defended

ARTICLE 11: JUSTIFYING CIRCUMSTANCES

6 OBEDIENCE TO A LAWFUL ORDER

ARTICLE 11: JUSTIFYING CIRCUMSTANCES

ARTICLE 11: JUSTIFYING CIRCUMSTANCES

1 SELF-DEFENSE Elements Of Defense Of

ARTICLE 11: JUSTIFYING CIRCUMSTANCES

DEFENSE OF RELATIVES: LACK OF PROVOCATION

DEFENSE OF RELATIVES: LACK OF PROVOCATION

1 SELF-DEFENSE Persons Deemed As