Criminal Law 15 Questions 15

CRIMINAL LAW REVIEWER
Patterned to #bestbarever Jan 23.
Book 1
A. Basic Principles (territoriality, actus reus, means rea)

B. Attending Circumstances - Justifying, mitigating,
aggravating, and alternative
C. Application of ISLAW (Indeterminated Sentence Law)

D. Service of Sentence
E. Effect of Death of the accused
Book 2: Crimes
F. Crimes against Persons
G. Crimes against Property
H. Crimes against Liberty
I. Crimes against Public Interest
J. RA. 9262 - WAVC LAW (Anti-violence Against Women and

their child)
K. RA. 7610 (Special Protection of Children Against Abuse,

Exploitation, and Discrimination)
L. RA. 11313 (Safe Space Act)
M. RA. 10173 (Data Privacy Act of 2012) LEGENDS:
BESTBAR
EVER MOST LIKELY LALABAS SA BAR
NOTE: LAHAT NG MAY KULAY PO

IMPORTANTE AT IF KAYA KABISADUHIN,
ISAPUSO. TIYAK SA BAR UN PROMISE.
Mala In se Vs Mala Prohibita
Pro Reo Principle
MALA IN SE MALA PROHIBITA
As to nature:
When there are 2 or more interpretations of
Wrong from its nature Not inherently bad/wrog penal law the most lenient or favorable to the
but prohibited by law offender will be adopted
Most essential
element Voluntariness (Kapag
Criminal Intent
nagawa mo ung act,
criminally liable ka agad) The two important elements of a CRIME
As to Actus Reus Mens Rea

commission
There is frustrated and Generally, no frustrated
Criminal Act Criminal Intent
attempted stage and attempted stage
Guilty Act Guilty Mind
As to
imposition of
There is degree of The actor is always
participation penalties principal
As to defense
Good faith or lack of Only lack of
Prospectivity
criminal intent is a voluntariness may be a
defense defense
A penal law can not make an act punishable in
a manner in which it was not punishable at the
time of its commission
Territoriality Exception: Penal laws which is favourable to

(Art 2, RPC)
the accused is given retroactive
General Rule: effect.
RPC shall be enforced within Philippine Archipelago, including its
atmosphere, interior waters and maritime zones
Exception: RPC can be enforce OUTSIDE PH against who:
1. Committed offenses while in PH ship or airship

2. Public officers or employees in exercise of their functions OR
crimes committed within PH embassy (extra-territoriality)
3. Committed crimes against National Security and Law of
Nations
4. Should FORGE or COUNTERFEIT PH notes or securities issued
by PH gov't
5. Acts connected with the introduction of Forrge or
counterfeited notes or securities of PH gov't
Also Exception:
According to Treaties and laws of referential application
Page 1
Art 3 - Felonies are committed by means of:
Dolo Culpa
(deceit) (Fault/negligence)
There is deceit when the act is There is Fault when the wrongful
performed with deliberate intent act results from imprudence,
negligence, lack of skill, lack of
foresight
Malicious No Malice
Requisite: Requisite:
1. Freedom of action - means 1. Freedom of action - means
voluntarily committed the act or voluntarily committed the act or
omission omission
2. Intelligence 2. Intelligence
3. Criminal Intent 3. Imprudence/Negligence
Fundamentals of a crime
Fabric of crime
Component crimes
Actus Reus Mens Rea ORIGINAL DESIGN Special Complex Crime
Criminal Act Criminal Intent

Stages of
execution Complex Crime
Degree of
participation
Absorption
Attending Attending
Circumstances additional crime CONTINUOUS
Separate Crime
CRIME
Qualifying ABSORBED
Aggravating
INTEGRATED
Mitigating
Collective
Exempting QUALIFIED
Justifying
responsibility rule
Proper Specific Crime
Page 2
Article 4. Criminal liability. - Criminal liability shall be incurred:
1. By any person committing a felony (delito) although the wrongful act done be different from that which he intended.
2. By any person performing an act which would be an offense against persons or property, were it not for the inherent impossibility of
its accomplishment or an account of the employment of inadequate or ineffectual means. (IMPOSSIBLE CRIME)
I.
"although the wrongful act done be different from that which he intended."
1 Aberratio Ictus (Mistake of blow) 4 Mistake of Fact

Offender delivered a blow at his intended victim but Requisites:
missed or the blow pass through the victim but instead
1. Is a misapprehension of fact by the
landed on an unintended victime
offender
The act would have been lawful had the
Effect: It becomes a complex crime proper facts has been as the accused believed
It increases the criminal liability which generally them to be
results to complex crime 2. The offender INTENTIONALLY INJURES
The penalty for the most serious crime shall be the victim
imposed in the maximum period. The mistake must be without fault or
negligence
2 Error in Personae Effect: A complete DEFENSE
Intended results falls on another person due to error in BESTBAR

EVER
identity of the victim 5 Proximate Cause

Is the casue
Effect: Error in Personae and others SPM Which in NATURAL and CONTINUOUS
(Art 49, RPC) Penalty play of rules sequence,
Unbroken by any EFFICIENT
INTERVENING CAUSE,
INTENDED: COMMITTED: Penalty:
PRODUCES the INJURY
The Lower and WITHOUT which the result would
Lower Higher
penalty in its
offense offense have not occured
max period
(Lower penalty) (Higher penalty)
Example:
Higher Lower The Lower 1. A person who attempts to commit
offense offense penalty in its suicide by jumping from a building but
(Higher penalty) (Lower penalty) max period
instead being killed he injured or kills an
innocent by-stander.
NOT applicable if the acts committed by the guilty person shall also
He is liable for injury or death of such
constitute an attempt or frustration of another crime
if the law prescribes a higher penalty for either of the latter person fro being negligent in
offenses, in which case the penalty provided for the attempted or committing suicide. "Although the
the frustrated crime shall be imposed in its maximum period wrongful act done be different from
that which is intended"
3 Praeter Intentionem 2. When a person, by felonious act,

generates in the mind of another a sense of
Injurious effect is greater than that intended imminent danger, prompting the latter to
escape or avoid such danger and in the
Effect: It mitigates criminal liability (Art 13) process sustains injury or dies.
Page 3
II
BESTBAR
EVER
IMPOSSIBLE CRIME
2. By any person performing an act which would be an offense against persons or property, were it not for the
inherent impossibility of its accomplishment or an account of the employment of inadequate or ineffectual means.
Requisites:
1
Act that is an offense against 4 Act or offense must be CONSUMMATED
PERSONS or PROPERTY There is no attempted nor frustrated
stage in impossible crime
2 Act done with EVIL INTENT

That the act performed should not
5
constitute a violation of another
3 Its accomplishment is either: provision in RPC
Inherently or Means used

Impossible is either
inadequate or
ineffectual
Penalty:
Penalty of Arresto Mayor or fine
Offender has not committed a felony but he is a CRIMINAL, THUS, Accused is punished
for his CRIMINAL TENDENCY
ABSTRACT: Read in connection to impossible crime
Lagman Case: REBELLION SEDITION

In connection to Rebellion
SC Ruled: CIVIL WAR Tumultous uprising only
Duterte declared Martial Law in Mindanao. Article 134. Rebellion or insurrection - How
Congressman Lagman questions Martial committed. - The crime of rebellion or In civil war, there In sedition, the gravity of
law. They said there is no rebellion. insurrection is committed by rising publicly is killing act is only up to extent of
and taking arms against the Government for tumultuous uprising.
Discussion: On Act & Intent
the PURPOSE of removing from the allegiance
Criminal act and criminal intent (mens
to said Government or its laws, the territory
rea):
of the Republic of the Philippines or any part Discussion:
1. Criminal act and intent is the same thereof, of any body of land, naval or other Lagman said there is no rebellion because
Murder - the criminal act is killing, the armed forces, or depriving the Chief Executive there is no ACTUAL REMOVAL of the part of
intent is also killing. or the Legislature, wholly or partially, of any of the territory of the Philippines from the
2. Criminal act and intent does not pertain their powers or prerogatives. (As amended by allegiance to the central Gov't.
to the same act Republic Act No. 6968, O.G. 52, p. 9864 [1990].) The argument of Lagman is not tenable,
In theft, the criminal activity is taken, the criminal act and criminal intent of
but the criminal intent is intent to gain. rebellion do not pertain to the same act.
To consummate this kind of crime, you Criminal act: Criminal intent:
This is the second kind of crime.
need to consummate the act together By rising publicly Purpose of ousting What is now important is the commission
with the criminal intention. Without and taking arms the gov't. of any part of the act with the intent to remove the
showing the intention, cannot be against Gov't or the whole RP. gov't. Actual removal is not an element.
prosecuted with the crime, plus you If we take the claim of Lagman that there
need not accomplish your criminal Discussion: On PUBLIC UPRISING as element. must be an actual removal, then there will
objective which is to actually gain. In order to be a crime of rebellion, there no longer have jurisdiction nor power to
Thus, what is important is the taking + must be a CIVIL WAR. (tayo tayo sa loob ng sue them. The winner will be the new
intent to gain, actual gain is not bansa ang nag gyegyrera), if no civil war, government.
important. the crime will be SEDITION. Sedition is
only public uprising and tumultous uprising
In theft, actual gain is not important element only. In rebellion, actual removal is not an element
Page 4
ELEMENT
Discussion of Impossible Crime 2
"There must be MALICE (DOLO)"
1 ELEMENT
Discussion: Evil intent
In rape, there must be an evil intent to rape
"offense against persons or property" If he is aware that he is raping a dead woman, there is no
intent to rape a person. Because there is no person. The
human he is raping is already dead. Thus, no impossible
Against Property crime.
Discussion: On Act & Intent In killing, there must be an evil intent to kill
In case of Valmores, he forges the sweepstake ticket. His crime is a If the accused knew that what he was killing was already
forgery by using a ballpen. dead. There is no intent to kill, there is no person where
Justice Peralta said this is an impossible crime because you can
his intent to kill must be inflicted. Thus, no impossible
immediately detect that the ticket was forged. However, the
majority said this is not an impossible crime. Why? Because to crime.
consider the crime as an impossible crime, there must be an In theft, there must be an evil intent to steal.
impossibility of the elements of the crime to be committed.
In forgery, the criminal act is forging the ticket. When Valmores Thus, there must be an evil intent and having an evil intent
forge the ticket with the ballpen the crime is already consummated.
Encashing the ticket is not an element of the forgery. Thus, not
means knowing that he is committing the crime.
enchasing the ticket will not make the forgery an impossible crime.
In fact, the crime is already consummated.
ELEMENT
Discussion: UNFUNDED CHECK
In case of Jacinto, the thing taken is an unfunded check. It was
3 "Impossibility, ineffectual or inadequate
ruled that it is an impossible crime of theft. means"
However, What is important in theft is taking with intent to gain.
Thus, when taking the check there must be an intent to gain. Again, Discussion:
the actual gain is not an important element of the crime. Thus, the Impossibility: In the case of Intod, it is impossible to kill a
mere taking of the check even if not funded consummates the crime person where the person is not in the place.
of theft.
How to answer questions regarding this conflicting ruling by the In the employment of inadequate means:
Supreme Court?
Where the accused try to poison his husband, but the poison
If the check is unfunded, apply impossible crime.
If the check in the case does not show that it is not funded, is not that strong to kill her husband.
apply the general rule that theft is consummated at the precise In the employment of ineffectual means:
moment of taking. The actual gain is not important. Where the accused tries to kill his victim with a gun that is
turned out to be a toy gun.
Against Person
In all of the means to commit an impossible crime, all of the
In connection to gender crimes acts of execution are not complete. Neither is an attempted
Discussion: ADULTERY stage. It is absurd to say that all acts of execution are
A wife of X has carnal knowledge with B. A said to X that she completed when in fact you are not committing the act of
is not a woman, that she is a man and has sex execution because in the first place it has been an impossible
reassignment. to commit the crime.
Is there adultery?
NO. Adultery is a crime where a married woman has
sexual intercourse with a man, not her husband. ELEMENT
Marriage is an important element of adultery. You can 4 Act must not constitute another crime
not have a legal marriage when your partner is also
your same gender.
Discussion:
The rule is when there is a specific provision that penalized the
act. Apply the specific provision.
In connection to RAPE
Where the accused try to poison his husband, but he thinks
There is now an impossible crime of Rape. that the one he is using is poison but in fact is ordinary milk.
But the victim is allergic to milk and there is an internal physical
Because rape is now a crime against person, as
injury. Thus, apply the crime of physical injury. It will prevail
amended. over the general provision of Impossible crime.
Impossible crime is a provision of last resort for crimes

against persons and property.
Page 5
Stages of Execution
CRIMINAL PURPOSE is CRIMINAL PURPOSE is

ACCOMPLISHED NOT ACCOMPLISHED
1 Consummated 2 Frustrated stage 3 Attempted stage
offender performs all Commences the commission of

All elements necessary for its the felony DIRECTLY by OVERT
acts of execution
execution and accomplishment ACTS
are present
All acts performed He (offender) does not perform
would produce the all act of execution which
felony as consequence should produce the felony
Reason for Reason for

Non accomplishment Non accomplishment
Causes independent of Some causes or incident
the will of the
perpetrator
Spontaneous desistance is a
defense in attempted stage
S T A G E S O F C R I M E
Stages of Execution
CRIMINAL PREPARATORY OVERT ACT ALL ACTS OF ALL ELEMENTS
INTENTION ACT EXECUTION ARE PRESENT
A person is having a A person preparing to

criminal design in his commit a criminal act.
mind.
Rules: Rules:
He is not liable. He is not liable.
Even he say out Intent to do the
loud his criminal crime is not yet
design to others, CLEAR
he is still not Conspiracy is a
criminally liable. preparatory act
Exception: Exception:
Impossible crime - In - illegal possession of
impossible crime the pick-locks
accused is not being - Conspiracy as a crime Impossible Crime
penalized for criminal By any person performing an
original design done act which would be an
but he was being offense against persons or
penalized because of property, were it not for the
having a criminal inherent impossibility of its
mind, his criminal accomplishment or on
intent, his criminal account of the employment
inclination. of inadequate or ineffectual
means.
Page 6
RULES if MADAMI ang gagawa ng krimen!
RULES on CONSPIRACY AND COMMUNITY OF DESIGN
CONSPIRACY Vs. COMMUNITY of DESIGN

Knowledge and concurrence
Agreement and
There is crime happening,
decision to commit a
crime.
you have knowledge of that crime
There must be an You concur to the commission of the crime
evidence showing that
they are decided to
commit the crime
The agreement MUST
be BEFORE and not in
the course of
When there is already Vs. When there is already a Check the PARTICIPATION of the person concurred to the crime.
a CONSPIRACY and community of design
they did all the acts
Participation
Rules: If participation is INDISPENSABLE If participation is not indispensable

The act of one is act of
Participator is liable as Participator Subsequent
all.
Principal by indispensable perform an act acts.
Even when the act of one
cooperation that supplies Participation
only consummates as
moral or after the
Accomplice or accessory
material aid commission of
to the crime. It will be
to the principal the crime
treated as an act of
actor in
PRINCIPAL.
efficacious way
All conspirators shall
deemed adopted the
intent of one.
All of the actors liable as PRINCIPAL Accomplice Accessory
PRINCIPALS by DIRECT
PARTICIPATION.
Rules: Participator will be an Accomplice
It will be principal by when his cooperation is not
indispensable cooperation necessary for the main accuse to
when the main accused needs successfully consummate the
the help of the Participator in crime. The accomplice merely
order to commit the crime supplies aid for the main accuse
successfully. to consummate the crime more
effectively.
Time
Conspiracy is an Agreemnt
Rules:
BEFORE the commission of
Both principal by indispensable cooperation and accomplice
the crime.
Participation must be PREVIOUS or SIMULTANEOUS
It can't be subsequent, because if subsequent acts, then the only liability
will be Accessory only (Accessory after the fact).
PRINCIPAL by direct
PRINCIPAL by Accomplice Accessory
participation
indispensable
cooperation
BEFORE PREVIOUS or SIMULTANEOUS SUBSEQUENT
Page 7
CONSPIRACY
Conspiracy as a Crime Conspiracy as a mode of incurring a

Requisites:
mode of collective responsibility
Agreement Requisites:
Decision Agreement
Specific provision penalizing acts of Decision
conspiracy: Crime agreed upon has been committed
The accused perfom an act in furtherance of the
a. Conspiracy to commit Treason conspiracy or plan
b. Conspiracy to commit coup d'etat, Exception: Principal by inducement
rebellion, or insurrection
c. Conspiracy to commit Sedition Examples:
Conspiracy and proposal to commit Treason
Crime agreed upon is not Conspiracy and proposalto commit Rebellion or Coup de' atat
committed Conspiracy and proposalto commit Sedition
If the crime agreed has been
done. It will no longer be an act of
conspiracy which is supposed to
be punishable but it will be the act
done that will be punishable.
Conspiracy as crime will be
absorbed.
If MADAMI ang NAGAWANG krimen sa magkakaiabang period or araw
4 types of MULTIPLE offenders in RPC

Habitual delinquency (HB) Recidivist
(Art 62, RPC) (Art 14, (9) RPC)
Habitual delinquent - A person, if within a A recidivist is one who, at the time of his
period of 10 years from the date of his trial for one crime, shall have been
release or last conviction of the crimes of previously convicted by final judgment of
serious or less serious physical another crime embraced in the same title
injuries, robo (robbery/theft), hurto of this Code.
estafa or falsification, he is found guilty
of any of said crimes a 3rd time or
oftener.
Reiteracion Quasi-recidivist
(Art 14, (10) RPC) (Art 160, RPC)
That the offender has been previously Is Any person who shall commit a felony
punished for an offense to which the law after having been convicted by final
attaches an equal or greater penalty or judgment, before beginning to serve
for two or more crimes to which it such sentence, or while serving the same,
attaches a lighter penalty. shall be punished by the maximum
period of the penalty prescribed by law
for the new felony.
Page 8
If MADAMI ang NAGAWANG krimen at isa lang objective sa isang period or araw
BESTBAR
COMPLEX CRIMES - Art 48

EVER
Continuous Crime
Requisites:
Compound Complex Crime Series of acts violating ONE and the

Complex Crime Proper same provision of the Penal code
Committed at the same place and
"WITH" "THROUGH" about the same time
For the same criminal purpose.
One single ACT produces 2 or more offense in a
2 or more crimes same statute (RPC or SAME CRIMINAL IMPULSE
SPCL LAW) (See discussion in sub-issues - multiple
crimes)
Discussion:
Compound Complex Crime
Ang compound complex crime ay isang BLOW lang tapos nagproduce ng multiple crimes.
SC ruled: An automatic ammunition gun used in a crime shall produce as many as crimes it can produce in
each triggered pull. Kapag automatic ung gun sa question alam mo na. Separate crime of physical injuries or
homicide or murder yan
"WITH" ang prepositional word na gagamitin mo kapag single blow at madaming crime. Bakit kamo, ang
word na with sa tagalog ay kasama. Principal crime kasama ang krimen na...
Example... Binaril mo si A, hindi tumama, nataaman si B, by-stander, namatay. Ang crime ay " Attempted
murder with homicide". Check mo ahh.. ang unang crime is attempted murder kasi binaril mo si A, muder
un dahil gumamit ka ng baril, pero hindi mo nga natamaan so attempted lang, kaso may kasunod na crime
na nangyare dahil sa blow na un, tapos may namatay, ung next na crime is homicide lang, ang magiging
crime ngaun is Attempted murder with (kasama) homicide.
Sa penalty naman ung most serious crime ang magiging penalty at its maximum period.
Complex Crime Proper
Ang complex crime proper ay dalawang crimen or madami talaga ang nagawa. May dalawang tintatawag na
component crimes ang complex crime proper. 1st component crime is the principal cime, 2nd component crime
is the necessary crime to commit the principal crime.
"Through" ang prepostition natin dito, through means resulting from... sa tagalog dahil sa nangyare... or in
criminal concept, dahil sa krimen na ito nangyare ang krimen na ito.
Example... nang estafa ka, nagfalsified ka ng public document para magawa mo ung pang eestafa mo... Ang
krimen na nagawa mo ay Complex crime of Estafa through falsification of public instrument. Ung word na
through kung iisipin mo, it is a preposition that means necessary to what must be accomplished. Anu ba
iaacomplished? Mang estafa diba, anu naman ung means to accomplished? edi ung pagfafalsify ng public
instrument.
Now tandaan niyo walang estafa thru falsification of private instrument. Why? Dahil sa doctrine of
absorption, check niyo sa baba ung meaning ng doctrine of absorption. Pero ganito yan, ung sa estafa kasi
there must be damage, ang falsification of private instrument naman meron din na element ng damage.
Hindi pwede na hati sila, dapat isa lang, so ung principal crime ang kakain ng damage na element. So ung
falsification of private instrument ngaun ay kakainin ng buo ni estafa. Estafa nalang ang crime. Sana nagets
mo laymans na usapan na to para mabilis.. Cramming tayo.
Page 9
B. Attending Circumstances - Justifying, mitigating,
aggravating, and alternative
Justifying Exempting
(Art 11, RPC) (Art 12, RPC)
Affects the ACT not the Actor Affects the ACTOR not the Act
Act is considered to have done with in Act is actually wrongful but the actor
the bounds of law. Hence, Lawful ACT is not liable
Since act is LAWFUL there is NO Since act is WRONGFUL there is a

CRIME crime but there is no criminal
because the actor is not liable
Since No crime, also there is NO CIVIL Since there is a CRIME, though no

LIABILITY criminal, there is CIVIL LIABILITY.
1. Self defense 1. Imbecility/ Insanity

2. Defense of Relatives 2. Minority
3. Defense of Strangers 3. Accident
4. Avoidance of greater Evil 4. Irresistible Force
5. Fulfillment of Duty 5. Uncontrollable Fear
6. Obedience of Superior Order 6. Insuperable / Lawful Cause
7 Justifying
Self Defense Note:

In defense of relatives
Requisites: All relatives by consanguinity within 4th degree, beyond that it will
be defense of stranger
1. Unlawful Aggression: In Defense of Stranger
aggression is on the part of the The person defending must not be induced by revenge,
victim. resentment or evil motive.
aggression must be continuing, if Doctrine of Self-Help
it cease to exist and attack the This is a defense in property, there must be the existence of peril
victim, it is retaliation and not a to ones life and property.
self defense Note: defense will not lie if the aggression is reciprocal
(parehas may aggression both side)
2. Reasonable necessity of the Defense of Honor
means used to prevent it The important info on defense of honor is that the means used
must be reasonable.
3. lack of sufficient provocation on Problema kasi dito may kaso nahipuan lang initak na, so hindi siya
the part of the person defending defense of honor kundi homicide.
himself
Page 10
B. Attending Circumstances - Justifying, mitigating, aggravating, and alternative
Avoidance of greater evil Fulfillment of a duty BATTERED WOMAN
Any person who in order to avoid an That the resulting INJURY is SYNDROME
NECESSARY OCCURRENCE of the At least two Battering
evil or injury, does an act which
causes damage to another due performance of a duty or lawful episodes
exercise of such right or office There must be actual
Requisites: imminent danger and the
woman honestly believe
1. Evil sought to be avoided Obedience to a superior order the need to kill his man in
actually exist order to save himself
2. Injury feared be greater than Order has been issued by a Superior aggression must be
that done to avoid it Order must be for Lawful Purpose continuous, if not, it is not
3. No other practical and less Means used by the subordinate to justified
harmful means of preventing it carry out said order is Lawful They must be in "Intimate
relationship". Thus, pwede
magjowa lang.
6 Exempting
Imbecile Insane Note:

If the accused becomes insane or imbecile, the court
I.Q of two to seven Unsound Mind will order his confinement in one of asylums, which
years old, deprived of he shall not be permitted to leave without first
reason, discernment obtaining permission of the court
and freedom of will. During lucid intervals
Intellectual deficiency Not exempt, trial will continue.
is one of permanent
Minority
BELOW 15 years of age - Exempted to Criminal Liability
Juvenile Justice and Welfare Act

Child in conflict of law
Shall enjoy presumption of minority
Child 15 yrs of age and under Subject to
Child over 15 years of age but below Intervention
18 years without discernment program
Child over 15 years of age but below Subject to Diversion

18 years with discernment program
Page 11
Accident Irresistible force Uncontrollable Fear
A person is performing a Offender uses violence or Offender employs
lawful act with DUE CARE, physical force to compel INTIMIDATION /THREAT in
causes INJURY to another by another person to commit a compeling another to commit
mere accident and without crime to a crime.
fault or intention of causing
it. Physical Violence must be Fear must be real and
Irresistible which directly imminent
operates the compulsion to Fear of Injury is greater than
commit a crime the crime
Imminent/ impending danger to Ex. I will kill you if you do not
Lawful Insuperable one's life. kiss her.
Cause
A person required by aw Other Circumstances of Exemption:
to perform an act then Dangerous drug act Sec. 15 (use)
fails to do ti by some A drug dependent under voluntary submission program who is
lawful insuperable finally discharged from confinement shall be exempt from criminal
causes. liability under this provision.
6
BESTBAR
EVER
Absolutory CAUSES
Causes, if present, offender will not Relatives in Theft, Swindling or Malicious Mischief
incur criminal liability ab initio.
Exemption: These persons shall be exempted
Spontaneous Desistance Spouse - covers common from the crime of theft, swindling
Only available in attempted stage okay! law spouse or malicious mischief if they
Relatives - includes step- commit the crime among each
father/mother/illegitimate other.
Accessories in light felonies child and adopted child.
Brothers and sisters/ in- RULE: if the crime of theft,
Exempted na sila kasi ung infraction of laws, if living together. swindling or malicious mischief
the crime is so small can not be is complexed to other crimes,
penalize na. they will not be exempted.
Death/ Physical Injury under Marriage of the

Exceptional Circumstances Offender
Art 247 - Any legally married person who having surprised his spouse in the When the victim marries the
act of committing sexual intercourse with another person, shall kill any of offender in case of seduction,
them or both of them in the act or immediately thereafter, or shall inflict upon abduction, Rape, and acts of
them any serious physical injury, shall suffer the penalty of destierro. lasciviousness
If he shall inflict upon them physical injuries of any other kind, he shall be Trespass
exempt from punishment. For purpose of preventing
some serious harm to
Applicable to Parents with respect to their daughters under 18yrs and still himself. He shall not be
living with their parent. liable for trespassing.
Page 12
Entrapment Instigation
LAWFUL PRACTICE UNLAWFUL PRACTICE
Law enforcers resort to lawful Law enforcers INDUCE, LURE, or
ways and means for the INCITE a person who is not
purpose of capturing the law minded to commit a crime and
breaker in flagrante delicto would not otherwise commit it.
For the prosecution and Kapag Instigation, ung accused
conviction of the accused dito na na-Induce lang ay
absolved sa criminal liability.
Lespu crime is incriminating
innocent person
10 MITIGATING
Ordinary Privilege Special

Can be offset by aggravating Can never be offset by any Rules on application of Art
circumstances aggravating circumstances 64.
Operates to reduce penalty to operates to reduce penalty by 2 ordinary mitigation with no

MINIMUM period (only by one to two degrees aggravating = 1 degree lower
periods) Provided, penalty is a Rules on application o
divisible penalty
Age under 18 and over 70 Incomplete 11 & 12

Praeter Intentionem
Notes:
Sufficient provocation Passion and obfuscation cannot co exist with
treachery because in passion and obfuscation one
Vindication loses his reason and self-control which is present in
treachery
Passion & obfuscation Also Passion and obfuscation can't co-exist with
evident premeditation because in evident
Voluntary surrender &
premeditation the offender already gained his
Confession of guilt reason by reflecting, if you have reason that is in
conflict with passion and obfuscation resulting to
Physical Defect losing reason and freedom.
illness of offender
Analogous Circumstances
Page 13
21 Aggravating
Generic Specific Qualifying

Applies to all crimes and can be applies to particular crimes and changes the nature of the
offset by mitigating cannot be offset if applied as crime to a graver one
circumstance specific such as:
example: Treachery qualifies
If not offset, it increases penalty Ignominy, cruelty, treachery,
the crime of killing from
to maximum period. abuse of superior strength
homicide to murder.
May be not allege in the info but If inherent to the crime - it
can be appreciated in the trial absorbs
1. Taking advantage of Public position

Notes:
2. Contempt/ insult to public authorities In advantage of superior strength, it is the deliberate
use of EXCESSIVE force out of proportion as advantage
3. Disrespect of age, rank, sex, dwelling
and that there is proof of Relative strength
4. Abuse of confidence and obvious Mere superiority in number does not constitute
superior strength, there must be showing of use of
ungratefulness excessive force out of proportion
5. Place of commission of offense Treachery is when the offender commits any of the
crimes against person, employing means, methods, or
6. Band, nighttime, uninhabited place forms in the execution thereof, and the purpose of
which is to ensure its execution, without risk to himself
7. On occasion of calamity
arising from the defense which the offended party
8. In aid of armed men might take.
9. Recidivism
Abuse of superior
Treachery
10. Reiteracion strength
11. Price, Reward, or Money / Promise Employs means, method or Does not employ means,
forms method or forms
12. Inundation, fire, explosion, poison,
To insure execution and to Offender only takes
stranding of a vessel, derailment, use of make it hard or impossible ADVANTAGE of his
for the offended party to put superior strength
artifice involving great waste or ruin
up a defense
13. Evident Premeditation
14. Craft, Fraud or disguise Ignominy Cruelty
15. Abuse of Superior Strength Involves moral Involves Physical

suffering Suffering
16. Treachery
17. Ignominy Thus, victim is still

alive while cruelty is
18. Unlawful Entry being done
19. Breaking of wall
20. Aid of motor vehicle

Scoffing the corpse Victim is already dead
21. Cruelty
of the victim A qualifying circumstance in Murder!
Page 14
3 Alternative
Relationship Intoxication
Offended party is offender's spouse, ascendant, Aggra Mitigate
descendant, legitimate, natural or adopted
brother and sister, step-mother, step-father, step- Habitual intoxication Not habitual
son/daugther As stimulant to not intentianally
Not included is niece/nephew/uncle/aunt commit a crime sought, accidental,
and not subsequent
Aggra Mitigate to the plan to commit
the crime
Crime committed is Crimes against
serious Physical property (trespass,
Degree of Education
Injury, homicide, robbery, arson)
murder Note: exempted if Aggra Mitigate
theft, swindling or
malicious mischief High degree of Low degree of
Less serious/ slight education education
physical injury Ex. Hacking Not applicable in
Light felonies crimes against
property
DEGREE OF PARTICIATION
Principal Accomplice Accessories

3 types of Principals Those cooperated in the execution of Participated after the
By Direct Participation the offense by previous of commission of the
By Inducement simultaneous acts by means of aid or crime.
By Indispensable Cooperation facilitation the execution of the crime
BUT without any indispensable act
for its accomplishment
Note that crime can be done even
without the help of accomplices
Principal by direct Principal by Inducement Principal by indispensable

participation cooperation
Inducing another to commit a
PERSONALLY took part in the crime by giving prize, reward or There must be a conspiracy.
execution of the crime, he must promise Remember ang conspiracy ay
be at the scene of the crime. Inducement is the determining nangyayare bago pa man
cause of the crime gawin ang krimen (check
SUPER IMPORTANT: If the RULES on CONSPIRACY AND
participant induced has his own COMMUNITY OF DESIGN sa
personal objective other than taas)
the prize in committing the His cooperation without which,
crime. The inducer may not be the crime would not been
criminally liable. BESTBAR accomplished
EVER
Page 15
Accessories
Participated after the commission of the crime.
Play of rules:
Art 20, are still
Accessory does: Who is liable? Who is not liable? PRINCIPALLY LIABLE:
(Art 20)
1. By profiting or Any person -------- Principally liable for

assisting the offender to ANTI-FENCING LAW
profit by the effects of
the crime
2. By concealing or Any person Relatives

Principally liable for
destroying the corpus or
Obstruction of Justice
delicti to prevent its Light felony
discovery
3. Help to escape: Public Officer Relatives Principally liable for

By use of Public Obstruction of Justice
function
If author of the crime Any Private Relatives Principally liable for

is guilty of Treason, person Obstruction of Justice
Parricide, Murder,
attempt to kill the
President, or
Habitually guilty of
some other crimes
PRESIDENTIAL DECREE No. 1829 Anti- Fencing Law

OBSTRUCTION OF JUSTICE Fencing is committed if the accused
To penalize acts which obstruct or frustrate "SHOULD HAVE KNOWN" that the property
or tend to obstruct or frustrate the is stolen
successful apprehension and prosecution Ung binebenta is mababa sa totoong
of criminal offenders; presyo, indicative na nakaw un. "should
You cannot be liable for both accessory have known" na agad un. So Kung
to the crime and on obstruction of bumili ka ng latest Iphone worth 1k.
justice. They can only file one if you are Magisip ka na baka makasuahan ka ng
allegedly particiapted in the crime as Anti-fencing law.
mere accessory. Possession of the stolen goods is a
prima facie evidence of fencing
Page 16
BESTBAR
EVER
Effect of Death of the Accused
After arraignment and during the

before arraignment Pending appeal
pendency of the criminal action
Effect Effect Effect

Criminal case shall be Shall extinguish the civil extinguishes his criminal
dismissed without prejudice liability arising from the delict liability as well as the civil
to any civil action the liability based from the delict
offended party may file
against the estate of the
deceased
BUT!!! The independent civil claim for civil liability survives

action instituted under Section 3 notwithstanding the death of
of this Rule or which thereafter is the accused, if the same may
instituted to enforce liability also be predicated on other
arising from other sources of source of obligation other than
obligation may be continued delict.
against the estate or legal
representative of the accused Where civil liability survives, an
after proper substitution or action for recovery therefor may
against said estate, as the case be pursued but only by way of
may be (Section 4, Rule 111). filing a separate civil action and
subject to section 1, rule 111.
This separate civil action may be

enforced against the
executor/administrator or
estate of the accused depending
on the source of obligation
(People vs. Bayotas, 1994)
Page 17
E. Effect of Death of the accused
Detailed summary of Penalties in RPC

Penalties - Table 1
(Art 9, RPC) Review this table while reading the

codal for better undertstanding
Duration of
Principal Penalties
penalties
(Art 9, RPC) Indivisible Penalty (Art 28, RPC)
Capital
punishment: Death (Suspended) PERIODS
Reclusion Perpetua [RP] 20 yrs & 1day to 40 yrs [RP] Indivisible penalty - No min/med/max
Divisible Penalties Min. Medium Max.

Grave
Felonies
From 12 yrs & 1 day From 14 yrs, 8 mns & From 17yrs, 4 mns &
Afflictive >Reclusion Temporal [RT] 12 yrs & 1day to 20 yrs [RT] to 14 yrs & 8mns 1 day to 17 yrs & 4 1day to 20yrs
Penalties: Absolute disqualification mns.
Perpetual or temporary
Special disqualification
Perpetual or temporary
From 8 yrs & 1 day From 10yrs & 1 day

>Prison Mayor [PM] 6 yrs & 1day to 12yrs [PM] From 6 yrs & 1 day
to 10yrs to 12 yrs
to 8 yrs
From 6mns & 1 day From 2 yrs, 4mns & 1 day From 4yrs, 2mns & 1
>Prision correccional [PC] 6 mn &
1day to 6 yrs [PC] to 2 yrs and 4 mns. to 4 yrs & 2mns
day to 6yrs
Less grave Correctional >Arresto mayor [AMA] 1 mn &
1day to 6 mn
From 1mns From 2 mns & 1 day From 4 mns & 1 day
felonies Penalties Suspension [AMA]
to 2mns to 4 mns to 6 mns
Destierro
Light Light >Arresto Menor [AME] 1 day to 30days [AME] 1 to 10 days 11 to 20 days 21 to 30days
Public censure
Felonies penalties:
Common to Fine
all penalties: Bond to keep peace
Accessory Penalties Absolute disqualification Civil Interdiction

Perpetual or temporary Indemnification
Special disqualification Payment of cost
Perpetual or temporary Forfeiture or confiscation
Determination of the exact penalty to be imposed
5 Steps to follow to determine

Note that at this point the Judge is in the resolution stage of the the exact penalty to be imposed
case. This means that the Trial is done and the accused will be
convicted and the judge must determine what is the EXACT PENALTY
to be imposed to the accused given the facts and circumstances
1 Crime committed
attending the merits of the case.
Stage of execution &
Now in order to determine the exact penalty this is the 5 step
2 Degree of participation
guidelines to determine the exact penalty of the accused.
3 Determine the penalty
4 Modifying circumstances
5 Is ISLAW applicable?
Q
1991
BAR
Page 18
1 Crime committed
Guide:
1. Check what is the crime committed and if there are several
crimes
2. Each crime will be treated as separate penalties except for
complex crimes, composite crimes, and compound crimes.
3. Get the impossable penalty and you will start there
From the imposable

penalty go to step 2
2
Stage of execution &
Degree of participation
3 Determine the penalty
(Art 50-57, RPC)

Next step is to consider circumstances attending
Stage of execution
Consummated Frustrated Attempted the crime. Go to step 4
Principal
0 1 2
Accomplice 1 2 3
Accessory 2 3 4
Formula:
1. Is the crime consummated, frustrated, or attempted?
2. What is the participation of the suspect? Principal, Accomplice,
or Accessory?
3. Match them and you will know how many degrees you shall
need to lower from the penalty prescribed by law in that offense.
(Art 60 RPC)
NOTE: This step 2 shall not apply when the law PRESCRIBED
a specifically a penalty for a frustrated or attempted felony.
Example:
Law punishes the accomplice as principals:

Art 346 - White slavery
Art 268 - Slight illegal detention "The same
penalty shall be incurred by anyone who shall
furnish the place for the perpetuation of the
crime."
Accomplice is the same as principal penalty or of 1

degree lower instead of 2 degrees lower :
Art 162 - Knowingly using forge signature of the
President
Art 168 -Illegal possession and use of false
treasury or bank notes and other instruments of
credit.
Art 172 (3) - Using Falsified Document
Art 173 (2) - Using Falsified dispatch
Page 19
4 Modifying
circumstances
Table for modifying circumstances
Degree
Penalties - Table 2
Divisible Penalties (PERIODS)

Indivisible Penalty (Art 64, RPC) Max
1 >Death (Suspended) [RT] Medium
PM Privilege Mitigating Min
2 [RP] >Reclusion Perpetua 20 yrs & 1day to 40yrs Max
SPM Special Privilege Mitigating
Divisible Penalties
[PM] Medium
Min
MC Mitigating Circumstances
3 [RT] >Reclusion Temporal 12 yrs & 1day to 20yrs Max
AC Aggravating Circumstances [PC] Medium
4 [PM] >Prison Mayor 6 yrs & 1day to 12yrs Min
When MC & AC are not Max

5 [PC] >Prision correccional 6 mn & 1day to 6 yrs [AMA] Medium
considered in imposing a penalty Min
6 [AMA] >Arresto mayor 1 mn & 1day to 6 mn Max
Penalty is Single and Indivisible (Art 63, RPC)
[AME] >Arresto Menor
[AME] Medium
7 1 day to 30days Min
Felonies that is through NEGLIGENCE
Penalty is Fine imposed by Ordinance and

Special Penal law
Attendance of circumstances
Penalties prescribed by SPECIAL PENAL
LAWS
PM Privilege Mitigating Art. 68 & 69
Except: when special laws uses
the nomenclature of penalties in Privilege Mitigating Circumstances must be FIRST considered before the rules
Step 1: in Arts 63 & 64 are applied to determine the proper penalty
RPC & expressly provides that MC
& AC are to be considered.
Step 2: Check if there is PM attending the crime. Here are the PMs:
Habitual delinquency (HB) Art 68 - Minority - Above 15 (15 yrs & 1 day) WITH DISCERNMENT
Provided, the child does not qualify for the
(Art 62, RPC)
diversion program under RA 9344
Habitual delinquent - A person, if within a
period of 10 years from the date of his release Art 69 - Incomplete Justifying circumstances & Exempting circumstances
or last conviction of the crimes of serious or
less serious physical injuries, robo "majority of such requisites must be present" - see index 1.2
(robbery), hurto (theft) estafa or Majority means 50% + 1. If there are 3 requisites required to justify the act or
falsification, he is found guilty of any of said exempt the accused. then a minimum of at least 2 requisites is required.
crimes a 3rd time or oftener. However, if there are only 2 requisites required, the presence of 1 requisite is
already a majority.
PENALTY: If only less than a majority, it will only be considered as an ORDINARY
All Habitual delinquent shall be sentenced mitigating circumstance.
to the penalty provided for the last crime of
which he be found guilty - AND- additional
penalty of:
For 3rd conviction - additional penalty of Step 3: Check if there is a SPM.
prision correccional in its medium and SPM Special Privilege Mitigating Apply SPM first. Note that in
maximum periods 3rd situation, there must no
For 4th conviction - additional penalty Only 3 situations: attending aggravating
of prision mayor in its minimum and 1. Error in Personae (Art. 49, RPC) Choose circumstance that is not part
medium periods the lower penalty and impose it at its of the felony. (Check Art 62,
For 5th conviction - additional penalty maximum. RPC in the INDEX 1.1 below)
of prision mayor in its maximum period 2. Over 70 years, wherein no death on how to consider
to reclusion temporal in its minimum penalty can be imposed or carried out aggravating circumstance.
period with the accused
All penalty (Crime committed + 3. 2 or more mitigating with no
additional penalty) shall in no case aggravating circumstance, which reduces
exceed 30 years the penalty by 1 degree. (Art. 64 (5))
HB can also not benefit from the
retroactive application of favorable Step 4:
penal law, with sole exception of death
penalty.
MC Mitigating Circumstances AC Aggravating Circumstances
Not part of the felony:

Apply Art 64 Apply Art 64
Page 20
Penalties with 3 periods Divisible Penalties Penalties - Table 3
(Art 64, RPC) (Art 64, RPC) Max.

In cases in which the penalties prescribed by law contain [RT] Medium
three periods, whether it be a single divisible penalty or Min
composed of three different penalties, each one of which
forms a period in accordance with the provisions of articles Max. Max.
[PM]
76 and 77, the courts shall observe for the application of the
penalty the following rules, according to whether there are
Medium LOWER by
or are no mitigating or aggravating circumstances: Min PERIOD
RULE 1: Attendance of none or 1 ordinary MC/AC LOWER by
IMPOSE: Attendance:
DEGREE
Medium
NO MC MAX No mitigating but Max.
1 AC period with one or more
aggravating
[PC] Medium Min
circumstances, Min
impose the max
period
Max.
MC No mitigating or
[AMA] Medium
MED
NO AC period
aggravating Min
circumstances,
Max.
[AME]
impose the medium
period
Medium
Min
1 MC MIN
With ONLY ONE
mitigating which are
NO AC period not privilege
mitigating and no RULE 2: Attendance of 2 or more ordinary MC/AC
aggravating
circumstances,
impose the min
period MC SET OFF When there are mitigating
With AC RULE
and aggravating
circumstances, offset them
RULE 3: LOWER 1 DEGREE

Example: 1 MC
2 MC Lower the Penalty by 1 2 AC
or more
DEGREE! in proper
MAX
NO AC period.
1 AC IMPOSE:
period
NOTE: There must be no

"in proper period"
AC present. If there is AC When there are no
and 3 MC, and you set it more AC/MC left. Apply
off having 2 MC left. You Medium period 3 MC
can not apply Rule 3
anymore!
When there is AC/MC
left apply Rule 1 above. 2 AC
When there are 2 or
You can only apply MIN
Rule 3 only once. If
more AC/MC left after
lower the degree, apply
1 MC IMPOSE:
period
there are 4 MC you Rule 2.
can only lower by 1
degree not 2 degrees
RULE 4: COMPLEX CRIME (Art 64, RPC)
Even MC
PENALTY FOR MOST
With AC SERIOUS CRIME
Page 21
5 Application of I.S. - LAW (Act No. 4103) ISLAW is Applicable to the ff: NOT applicable to the ff:
Indeterminate penalty RULE: Apply ISLAW mandatorily when Life imprisonment
imprisonment would exceed 1 YR. Death
MAIN PURPOSE OF ISLAW:
Reclusion Perpetua (by judicial
The Indeterminate sentence law provides for an
Applicable to RPC and SPECIAL laws pronouncement, it is imposed as a
"indeterminate sentence" which has a minimum and
Applicable to a recidivist (People v single indivisible penalty)
maximum term.
Jaranilla, 1974) Destierro
Convicted of treason, conspiracy, or
After the PRISONER has SERVED the MINIMUM term, ISLAW IS MANDATORY! Thus, the proposal to commit treason,
depending upon his conduct and behavior during judge must adhere to it. misprision of treason, rebellion,
service of sentence in jail, he may be released on
sedition or espionage, and piracy
PAROLE.
Habitual delinquents
Escapee, and evaded sentence
The law, therefore, encourages the prisoner to reform.
Violated conditional pardon
Once released on parole, provided the conditions are
Imprisonment does not exceed 1YR
not violated, he will no longer serve the remainder of
the sentence. ISLAW shortens the term of
imprisonment, depending on the prisoner's conduct and Penalties - Table 4
behavior. (Art 64, RPC) Divisible Penalties

More than 1YR
Max Min.
12 yrs & 1day to 20yrs [RT] Medium
LOWER by
Rules in RPC Min PERIOD
Max
From determination of 6 yrs & 1day to 12yrs [PM] Medium

Min Medium
PROPER IMPOSALE PENALTY
LOWER by
After you get the proper imposable penalty
pursuant to Art 64, RPC (after you apply
DEGREE
Max
modifying circumstances, if any, in step 4). Min penalty is Less than 1YR
GET THE MAX TERM Max

Step 1: MAX TERM: The court shall sentence the 6 mn & 1day to 6 yrs [PC] Medium
accused to an indeterminate sentence of the Min
maximum term that is the "properly imposed
Max
penalty after determination of attending
circumstances applying article 64, RPC".
1 mn & 1day to 6 mn [AMA] Medium
Min
1day to 30days [AME]

Max
Step 2: GET THE MIN. TERM Medium
MINIMUM TERM: The minimum term shall Min
be within the range of the "penalty next
lower to the properly imposed penalty after
determination of attending circumstances Rule on STRAIGHT PENALTY
applying article 64, RPC" Rule: The Judge or court has the DISCRETION to impose a straight penalty
when the MINIMUM penalty does not exceed 1YR.
Rules in SPECIAL LAWS On RPC On SPECIAL LAWS
EXAMPLE: The proper EXAMPLE: The imposable penalty is not

GET THE MAX TERM imposable penalty after less than 6 months but not more than 3
Max term shall not exceed the Maximum determining the attending yrs.
Step 1:
term FIXED by the Special law. circumstances under Art 64. is
The judge has a discretion now
Prison Correccional in its min
(OPTION) to choose whether to apply
period (From 6mns & 1 day to 2
GET THE MIN. TERM ISLAW or straight penalty.
yrs and 4 mns.) .
The minimum term shall not exceed the
Step 2: Minimum term FIXED by the Special law. If the Judge choose ISLAW:
Judge can apply Judge can apply
Important rule: The Judge or court has the DISCRETION to He can impose a max term of ISLAW, which is: straight penalty
impose a penalty within the said maximum and minimum 2 yrs & 4 months, & a min term 6 months as min of less than 1YR
term. of From 2 months & 1 day. and 3 yrs as Max. If he choose
(Next lower penalty) He can't apply 6 straight penalty,
months as min and he cannot apply
If the judge choose Straight 11 months as max. ISLAW anymore.
penalty: he can apply straight Penalties will become
penalty of lower than 1YR. below than 1 YR.
Page 22
SUMMARY: D. Service of Sentence
1 Crime committed 3 fold rule:
When the convict is to serve successive
See prescribed penalty in RPC or SPECIAL LAW
penalties, the MAX duration of his sentence
shall not be more than 3 times the length of
Stage of execution & time corresponding to the most severe of the
2 Degree of participation penalties impose to him, which in NO case shall
exceed 40 years.
(Art 50-57, RPC) This rule shall apply if the convict is to serve 4 or
Stage of execution more sentences successively.
Consummated Frustrated Attempted If the sentence can be served
Principal
0 1 2 simultaneously, the rules does not govern.
Accomplice 1 2 3
Accessory 2 3 4 Release of prisoner on PAROLE
The purpose of the law in application of ISLAW
3 Determine the penalty is to set the grace period at which the convict
Proper Prescribed Penalty may be released on PAROLE from
imprisonment.
Unless his conduct is not deserving of
parole and thus he shall continue serving
4 Modifying circumstances
his prison term in jail but in no case to go
beyond the max term fixed in the sentence.
PM Privilege Mitigating
Consider
SPM Special Privilege Mitigating
attendance of Good Conduct Allowance
circumstances
MC Mitigating Circumstances
Good conduct allowance is applicable in the
AC Aggravating Circumstances
period of preventive imprisonment.
Properly imposed penalty
5 Is ISLAW applicable?
BESTBAR
EVER
NOT APPLICABLE APPLICABLE
Apply the
indivisible penalty Rules in RPC Rules in SPL
(life imprisonment,
MAX TERM: that is MAX TERM: shall
reclusion perpetua)
the "properly not exceed the
imposed penalty" Maximum term
OR provided by the FIXED by the
Apply straight RPC. Special law.
penalty of
less than 1YR MINIMUM TERM: MINIMUM TERM:
Range of the shall not exceed
"penalty next the Minimum
lower to the term FIXED by the
properly imposed Special law.
penalty".
Discussion:
KABISADUHIN MO NALANG TO AHH...
Ung max and min term. As in
kabisaduhin mo po pls.
Page 23
C. Application of ISLAW (Indeterminated Sentence Law) + D. Service of Sentence
INDEX
for Application of ISLAW complete process
1.1 1.2
AC Aggravating Circumstances Incomplete Justifying & Exempting
(Art 62, RPC)

In self-defense:
UNLAWFUL AGGRESSION must be
As part of the felony:
PRESENT. Otherwise, there is no
Constitute a crime, such as "by means
complete nor incomplete justifying
of fire" which is a crime of Arson itself
circumstances
Those included in the law defining a
crime and prescribing a penalty, such
Avoidance of Greater Evil:
as laying of hands upon a person in
The first requisite which is the "actual
authority which is already included in
existence of evil sought to be
defining the crime of direct assault
avoided" must always be present.
WHY: They are already considered by the Otherwise, there is no complete nor
law in prescribing the penalty incomplete justifying circumstances
or those already inherit in the crime, Accident:

such as dwelling in trespass to If requisites of due care and without
dwelling fault in causing injury are absent Art
67 applies.
WHY: The circumstances is already
Art 67, RPC - When all the
absorbed by the crime committed.
conditions required in
Advantage was taken by the offender circumstance number 4 of article
of his public position - maximum 12 of this Code to exempt from
regardless of mitigating criminal liability are not present,
circumstances. Thus, Art 64 will not the penalty of arresto mayor in its
apply to him. maximum period to prision
organized/syndicated crime group - correccional in its minimum
maximum penalty period shall be imposed upon the
An organized/syndicated crime culprit if he shall have been guilty
group means a group of two or of a grave felony, and arresto
more persons collaborating, mayor in its minimum and
confederating or mutually helping medium periods, if of a less grave
one another for purposes of gain felony.
in the commission of any crime.
Page 24
CRIMES - BOOK 2 & Special Laws
Most important question to ask in COMPLEX CRIMES:
How to determine the SPECIFIC CRIME COMMITTED if there are PLURALITY of
CRIMES attending in one scenario?
1 Check if all the crimes are fit for Special Complex

a SPECIAL COMPLEX CRIME Crime
"with"
MDJ discussion:
So you need to determine muna at first if all the crimes in one scenario is compatible to form a
SPECIAL COMPLEX crime. If yes, then apply the appropriate special complex crime. And in order to
determine the right special complex crime, you need to memorized all the SPECIAL COMPLEX
CRIME. Thus, priority ung special complex crime in determining the SPECIFIC CRIME COMMITTED.
2 If no special complex crime is formed,

then check if you can create a COMPLEX CRIME - ART 48 Complex Crime
"with" or "through"
There must be direct connection and intimate relationship between and amongst the component crimes
3 If no Complex crime, it can be a crime absorbed in

one specific PRINCIPAL crimes.
Absorption
"Indispensable means"
4 Lastly, if doctrine of absoption is not applicable. Separate Crime

Then it will be separate crimes to be filed in separate
information.
"and"
Discussion:
BASIC IS THE RULE GUYS AH!!! KAPAG merong specific na PROVISION for that offense, un ang isagot sa exam!
Ang mahirap kasi ung determination ng proper crime. Example, pinoison mo ung asawa mo, nagtamo lang ng
physical injury, anu ang crime? Kapag may intent to kill, edi frustrated or parricide, kapag walang intent to kill
ano crime? Physical injury? mali!!... ang tamang crime is Administering Injurious Substance or beverage under
article 264.
BE CAREFUL sa pagsagot. Malakas ang mortality rate sa crim law sa bar dahil sa fact na dapat SUPER SPECIFIC
ANG SAGOT MO kung ano ung crime na nangyare
Page 25
BOOK II
CRIMINAL LAW II
Kung maraming crime sa isang question pano
mo idedetermine kung ano ang tama at
SPECIFIC CRIME na nagawa ng offender,
MECHANISM of DETERMINATION of SPECIFIC

CRIME when there is PLURALITY of Crimes
Preperatory ACT
1 DETERMINATION OF ORIGINAL DESIGN
& Secondary Crime
"ORIGINAL Secondary 3rd & other
Discussion:
Ang ORIGINAL DESIGN ay ang pinaka-intention ng
DESIGN" Component Components
offender. Ito din ay tinatatawag na PRINCIPAL CRIME or
pwede din principal component crime. Kapag "INITIAL
nadetermine mo na ang Principal crime which is nag iisa ACT" Absorbed as
lang ito. The other crimes will be the SECONDARY CRIMES. "AFTER
THOUGHT" modification
With single exception: "Original on
Kidnapping with Murder Intent" circumstance
"By reason or
on occassion"
2 Determination of what Kind of Complex crime
i ii
If rules of special complex crime is not
Special Complex Crime
applicable, go to Art 48.
Determination of complex crime first!
Rule: Compound Complex Crime Complex Crime Proper
Always consummated!
"WITH" "THROUGH"
With only TWO Exception:
Attempted Robbery with Rape One single ACT 2 or more offense in a
Attempted Robbery with Homicide produces 2 or more same statute (RPC or
crimes SPCL LAW)
If no Complex crime, it can be a crime absorbed in

3 one specific PRINCIPAL crimes.
4 Lastly, if doctrine of absoption is not

Discussion:
Ang doctrine of absorption happens when the secondary
applicable. Then it will be separate crimes component crime is an element of the principal component
to be filed in separate information. crime. If that is the scenario. There will be only one crime.
Page 26
BOOK II
MDJ discussion:
SPECIAL COMPLES CRIMES It ay binubuo ng two or more crimes na tinatawag na component crimes at lahat ng
krimen na iyon ay may one single penalty only.
Robbery with Ito ay INDIVISIBLE CRIME, so hindi mo pwede pag hiwalayin ung mga nangyaring krimen
Kidnapping with kapag attendant siya sa nangyare. Ang gagawin mo lang is to determine if it is a special
complex crime.
Ang special complex crime ay binubuo ng component crimes. Ang component crimes na
ito ay dalawa or madami. Isang Principal component crime at ung iba simply components.
Kapag sa isang sitwasyon maraming nangyaring krimen ung mga krimen na iyon ay
magiging components of an indivisible crime called special complex crime.
Rule: There is no such thing as Once you acquire possession - The rule is if it is not a special
FRUSTRATED ROBBERY with attempted Theft or robbery na! complex crime, go to article
Always consummated!
THEFT. 48. Check it it is applicable.
Exception: Likewise, there is no Frustrated Exception to Robbery: if the

Attempted Robbery Robbery. thing to be taken is a
with Rape RECEPTACLE (aparador,
Theft and robbery are the malaking machine, etc)...
Attempted Robbery
same. Only in Robbery there is REMOVING is the force upon
with Homicide a qualifying circumstance. things.
Original Design Direct Connection

Requisite: 1 To commit the principal 2 There must be a direct
component of the connection and intimate
special complex crime relationship between and
among the components of
the special complex crime.

Death
RULE: (Motive to kill rule) WITH WITHOUT
If there is a MOTIVE to kill. Motive to kill Motive to kill
The RULE is that the
In KILLING ORIGINAL DESIGN is to Kill.
Treated as Treated as
Original design Secondary
component only
MURDER
ARTICLE 248. Murder. — Any person who, not falling within the provisions of article 246 shall kill another, shall be guilty of murder
With attending circumstances:
1. With treachery, taking advantage of superior strength, with the aid of armed men, or employing means to weaken the defense or
of means or persons to insure or afford impunity.
2. In consideration of a price, reward or promise.
3. By means of inundation, fire, poison, explosion, shipwreck, stranding of a vessel, derailment or assault upon a street car or
locomotive, fall of an airship, by means of motor vehicles, or with the use of any other means involving great waste and ruin.
4. On occasion of any of the calamities enumerated in the preceding paragraph, or of an earthquake, eruption of a volcano,
destructive cyclone, epidemic, or any other public calamity.
5. With evident premeditation.
6. With cruelty, by deliberately and inhumanly augmenting the suffering of the victim, or outraging or scoffing at his person or
corpse.
Page 27
Parricide - Art 246 Abortion Expulsion of non-viable Fetus Article 259. Abortion
practiced by a physician or
Any person who shall kill his father, mother, or
Intentional Abortion midwife and dispensing of
child, whether legitimate or illegitimate, or any of
abortion is intended by use of abortives.
his ascendants, or descendants, or his spouse,
drugs or violence is exerted
shall be guilty of parricide and shall be punished Any physician or midwife
Unintentional Abortion
by the penalty of reclusion perpetua to death. who, taking advantage of
there is violence but no intention
Adopted child, not parricide, not by blood. their scientific knowledge or
to abort skill, shall cause an abortion
Note: or assist in causing the same.
Infanticide - 255 There is complex crime of Parricide with
any person who shall kill any child less than three unintentional abortion Any pharmacist who, without
days of age. non-viable - not capable of independent the proper prescription from
existence a physician, shall dispense
any abortive shall suffer
arresto mayor and a fine
In homicide
Kill another without the attendance of any of the circumstances attending in MURDER.
BESTBAR
EVER
Consummated Frustrated Attempted
Mortal Wound
Rules: Rules: Rules: Spontaneous
There must All acts of No mortal wound Desistance
infliction of execution has Spontaneuos desistance
MORTAL WOUND. been done is a defense in Rules:
There must me Thus, there is attempted felony not in Spontaneous
MORTAL WOUND! mortal wound. You frustrated. desistance
have inflicted from
mortal wound. performing
ALL acts of
Execution.
Physical Injuries
General Rule: NO INTENT TO KILL
B. Administering Injurious Substance or beverage -
A. Mutilation art 264
There is special intention to clip off some part Any Serious physical injury by knowingly administering
of the victim's body.. without that special injurious substance without intent to kill.
intention, the crime is just physical injury If there is intent to kill, frustrated murder.
BESTBAR
C. Slight Physical Injury Incapacitated to work for 1-9 days EVER
Need proof of medical cert
D. Less Serious Physical Injury Incapacitated to work for 10-30 days

Need proof of medical cert, if no proof, it will only be slight physical
injury
E. Serious Physical Injury Incapacitated to work for more than 30 days (31 & up)
Proof of medical cert not required
Page 28
BESTBAR
Art 251 - Death through tumultuous affray EVER

Duel
1. That there be several persons; Article 253. Giving assistance to suicide. - Any person who
2. That they did not compose groups organized for shall assist another to commit suicide shall suffer the
the common purpose of assaulting and attacking each penalty of prision mayor; if such person leads his
other reciprocally; assistance to another to the extent of doing the killing
3. That these several persons quarreled and assaulted himself, he shall suffer the penalty of reclusion temporal.
one another in a confused and tumultuous manner;
4. That someone was killed in the course of the affray; However, if the suicide is not consummated, the penalty
The person killed need not be a participant in the of arresto mayor in its medium and maximum periods,
affray shall be imposed.
5. That it cannot be ascertained who actually killed the
deceased; and Giving assistance to suicide
6. That the person or persons who inflicted serious Article 253. Giving assistance to suicide. - Any person who
physical injuries or who used violence can be shall assist another to commit suicide shall suffer the
identified. penalty of prision mayor; if such person leads his
assistance to another to the extent of doing the killing
Rules: himself, he shall suffer the penalty of reclusion temporal.
If nobody could still be traced to have employed
violence upon the victim, nobody will answer. However, if the suicide is not consummated, the penalty
Key word is free-for-all fight. of arresto mayor in its medium and maximum periods,
shall be imposed.
Page 29
BESTBAR
In Rape Two types of Rape:

EVER
I. RAPE II. SEXUAL ASSUALT
Statutory Rape: Rape through insertion of Rape through sexual assault,

Rape either the two types penis, Simply called "RAPE" simply called "Sexual Assault"
with a girl 12 years under.
insertion of PENIS insertion of Objects or Finger
GENDER ORIENTED CRIME NOT GENDER ORIENTED
Thus, it can't be done thru male to Thus, it can be done thru male to male
male
Touching of
"LABIA MINORA"
Rules: Rules: Rules:

The Penis, Object, NO frustrated stage 1. Intent to have sexual intercourse or
Because when all acts of insert the Penis, Object, or Finger
FINGER must touch
execution has been done, there must be ESTABLISHED
the Labia Minora
will be a touching of labia 2. There must be showing that the
minora or genital orifice. It will offender is trying to penetrate the
Important to NOTE: On be tantamount to victim's vigina with his penis.
Sexual assault, the Genital Consummated stage already. 3. There is NO touching of Labia Minora
Orifice pertains to Labia
or Genital Orifice.
Minora, Labia Majora &
Vaginal Orifice. More
Spontaneous Desistance
broad than Rape.
Rules:
Spontaneous desistance from
Land mark case:
performing ALL acts of Execution.
Campuan case.
How to determine if not intent?
If there is opportunity If there is an act NO INTENT

to rape the victim and showing that the
Crime will be ACTS of
the offender did not accused tries to
rape, instead he just penetrate his ERECTED
Lasciviousness
rub his penis in the penis to the victim's
mons pubis vigina
Rule: Crime is just Rule: Crime is

act of lasciviousness attempted Rape
Acts of Lasciviousness
General rule: NO LEWD DESIGN
rule out the acts of lasciviousness
There must be lewd design
If no lewd design it will only be:
Slander by deed
No one sees Someone sees
or Unjust vexation
the touching the touching
Unjust vexation Slander by deed

Because she is
humiliated
Page 30
RULE: ARSON absorbs HOMICIDE or Killing.
"ARSON Resulting to death"
Attendance of death will be a qualifying
In ARSON circumstance to increase the penalty
STAGES

BURNING!
There must be burning If the accused lit There must be CLEAR
of the Property certain materials but intent to BURN
If the property is no part of the building But no fire has been
burning. It as burned created to facilitate a
consummates the crime.
crime of Arson either
"destructive arson" or Spontaneous Desistance
"simple arson".
Rules:
As to Principal Spontaneous desistance
Objective from performing ALL acts
Fire is the tool used to of Execution.
commit a crime
1 To kill the victim 2 To BURN the Property 3 To CONCEAL the crime of

MURDER or HOMICIDE
Offender kills the victim using fire: Offender's original design is to burn the
Original Design is to kill the victim property. After offender committed his original design, he
Offender specifically choose to uses fire to use fire to conceal (cover up) its corpus delicti.
commit the crime
Rule: Prevailing Rule: Prevailing Rule:
The crime committed is MURDER Someone died Someone died
The fire is a qualifying circumstance provided By reason or occasion of burning the The first crime committed maybe homicide
in Art. 248, RPC property someone died or murder.
Now, fire (arson) becomes an indispensable The killing will be accidental to the crime After the homicide or murder, offender uses
means to commit the Killing. Fire (arson) The rule is that the crime committed will fire to conceal the crime.
absorbs as an element of Murder. Thus, be ARSON resulting to death. The rule is there will be separate crime of
Crime is MURDER. Death will be absorbed by the Arson. ARSON and MURDER/HOMICIDE
Consequently:
There will be no Arson with Murder.
Because as a rule Arson absorbs the killing.
ROBBERY is COMMITTED
Robbery as orig. design 5 As means to facilitate robbery or To afford imputiny or both

4 then uses fire
The offender commits robbery (as his original design) with the With Homicide as 2nd component
The offender commits robbery (as his preperatory act of burning the property or to afford impunity of crime:
original design) and then burn the When the crime committed and
Prevailing Rule: established is Robbery with
building to kill the victim.
NO ONE died Homicide, Kidnapping with
Arson will be treated as separate crime Homicide, Rape with Homicide.
Prevailing Rule: Someone died then the building is burned to
Someone died To facilitate Robbery, offender burn the building or to afford conceal the crime
By reason or on occasion of the impunity, offender burn the building Apply the rule that the ARSON
robbery someone died and the The offender do not have intention to kill someone else shall be INTEGRATED to the
offender used fire to burn the but on the occasion of fire, someone else died without his special complex crime. It will be
building which cause the death of the knowledge. absorbed.
victim. The rule is the crime committed is ROBBERY with
The rule is that the crime will be HOMICIDE, even the killing is accidental
Because the accidental killing is part of the generic meaning of Consequently:
Robbery with Homicide and Not
HOMICIDE in the special complex crime of Robbery with If the offender has knowledge
robbery and Arson
Homicide. It is submitted that in Robbery there is "resulting that someone will die, it will be
Because the word Homicide in
death" it will be Special Complex crime of Robbery with Murder.
special complex crime of robbery
with homicide is generic as it homicide. This is in accordance with the SPANISH RPC text,
includes: Parricide, Murder, which is prevailing over english text of RPC.
Infanticide. Thus, when the crime of Lastly, the fire (arson) shall be INTEGRATED with the special
Parricide, Murder, Infanticide is complex crime.
committed by means of fire, and the The rule is that, when Robbery with Homicide has
original design is Robbery. The crime already been established, all other component crimes
is only Robbery with Homicide. will be INTEGRATED to the same Special Complex
Crime of Robbery with Homicide.
Page 31
Crime of Unlawful Taking
Personal Property Real Property
Without Violence With Violence

Without Violence With Violence
With DECEIT
Theft Robbery Squatting Usurpation of
ESTAFA
Art 308.
Art 315. real Property
Art 312.
Theft - Art 308

Kinds of theft:
Theft is committed by any person who, with
intent to gain but without violence against or
1. Any person who, having found lost NOTE: Ayan ahh failure to return! HINDI FINDERS
KEEPERS! Kapag nakapulot ka 1k sa daan theft un
intimidation of persons nor force upon things, property, shall fail to deliver the same kapag hindi mo nireport at deniliver sa
shall take personal property of another without to the local authorities or to its owner; authorities. HIndi ka swerte, kriminal ka.
the latter's consent.
NOTE: 2. Any person who, after having

NOTE: Exception to sa without violence, example
TANDAAN!!! ONCE MAKUHA NA maliciously damaged the property of is ung side mirror ng ng sasakyan mo ninakaw.
UNG GAMIT CONSUMMATED NA another, shall remove or make use of Theft yan, mapapansin mo may damage sa
the fruits or object of the damage property, nag exert din ng force diba. Pero kapag
UN! OKAY!?
ung sasakayan mo na ninakaw carnapping na un.
Wag ka na mag dalawang isip pa, caused by him; and
basta nakuha ung gamit, kahit nasa
loob ng compound pa siya, kahit sa 3. Any person who shall enter an
loob ng mall, kahit hindi pa inclosed estate or a field where
nakakalabas ng bahay.
trespass is forbidden or which belongs
Ung Intent to gain na element,
to another and without the consent of
intent lang yan... hindi ibig sabihin
its owner, shall hunt or fish upon the
kailangan nabenta niya ung bagay
or nakinabang na siya...
same or shall gather cereals, or other
Super importante, malalaman mo forest or farm products.
ung intent to gain sa galawan ng
offender sa facts, The moment na
kinuha niya ng palihim ung gamit,
may intent to gain na un. wag ka na
magdalawang isip! BESTBAR
EVER
SUPER IMPORTANT LALABAS SA BAR EXAM!
Theft Vs. Estafa

Qualified Theft
Article 310. Qualified theft. -
PHYSICAL POSSESSION JURIDICAL POSSESSION
If committed by a domestic servant,
or with grave abuse of confidence,
or if the property stolen is motor vehicle, NO AUTHORITY TO THERE IS AUTHORITY
mail matter or large cattle or consists of DISPOSE THE THING ON HOW TO DISPOSE
coconuts taken from the premises of the
THE THING
plantation or fish taken from a fishpond or
fishery, or if property is taken on the occasion of
fire, earthquake, typhoon, volcanic erruption, or
any other calamity, vehicular accident or civil TAKING WITHOUT TAKING WITH
disturbance. CONSENT AUTHORITY BUT
MISAPPROPRIATED
Page 32
Estafa - art 315 REMEMBER: DAMAGE IS AN IMPORTANT ELEMENT OF ESTAFA!!! If walang
damage na natamo, there is only crime of unjust vexation.
Any person who shall defraud
another in 3 ways mentioned below
3 ways of estafa
1st way 2nd way 3rd way

Estafa through
Estafa with abuse of Estafa by means of Deceit
fraudulent means
confidence or unfaithfulness
A UNFAITHFULNESS: A TO PRETEND TO BE SOMEONE OR HAVE

A Estafa by inducing other to sign any
SOMETHING TO DECEIVE OTHERS
1. Offender has onerous obligation document
By using fictitious name or falsely
to deliver something of value
pretending to have power, influence,
2. he alters its substance, quality or
quantity
qualifications, property, credit, agency, B Estafa to ensure success in gambling
business or imaginary transactions or by
3.There is damage capable of
means of other similar deceits
pecuniary estimation
C Estafa by removing, concealing, or

B ABUSE OF CONFIDENCE B ALTERATION OF OWN PRODUCT TO
destroying, in whole or part, any court
record, office files, documents or any
GAIN
1. Property is received by offender in other papers.
trust, on commission or By altering the quality, fitness or weight of
administration, or there is obligation anything pertaining to his art or business
to return it,
2. offender misappropriates or
convert the property, money, or C PRETENDING TO HAVE BRIBED THE
denies receipt thereof GOV'T
3. Such misappropriation/
conversion/ or denial prejudice
another D ISSUE CHECKS TO DEFRAUD
4. THERE IS A DEMAND (written
demand/notice) by the Offended By post-dating a check, or issuing a check
Party. in payment of an obligation when the
NOTE: if there is agreed period offender has no funds in the bank to cover
for the return of the property, the amount
demand is unnecessary IMPORTANT - You issue check to GET
SOMETHING! if you issue check to pay
C TAKING ADVANTAGE OF SIGNATURE pre-existing obligation, that is not
estafa. You must facilitate the use of
By taking undue
issuing check to get something in
advantage of the
return.
signature of the
NOTE Failure to deposit the
offended party in
necessary amount within 3 days
blank, and writing any
from receipt of dishonor from the
document above such
bank is a prima facie evidence of
signature in blank, to
deceit.
the prejudice of the
offended party.
E NON-PAYMENT IN HOTEL
By obtaining any food, refreshment or

accomodation at a hotel
Obtaining credit
by abandoning or surreptitiously
removing any part of his baggage from
the hotel
Discussion:
Pano mo sasagutin sa bar exam kapag alam mong estafa? CHECK the 3 ways, ung name nung 3 ways, un ung isagot
mo.
SYNDICATED ESTAFA - 5 or more person ang nag act.
Page 33
BESTBAR
EVER
COMPLEX CRIME OF ESTAFA WITH FALSIFICATION OF DOCUMENTS
1 2 3
THERE IS NO SUCH ANIMAL AS
Estafa through falsification of Estafa through falsification of ESTAFA THRU FALSIFICATION
public document commercial document OF PRIVATE DOCS
Estafa - Damage is an element
Estafa - Damage is an element Estafa - Damage is an element
Falsification of private docs - damage is an
Falsification of public docs - damage is not Falsification of commercial docs - damage element
an element is not an element Thus, the crime here is only ESTAFA! the
falsification of private documents are
absorbed as essential element of ESTAFA.
Discussion:
Under the doctrine of common element, an element used to complete one crime can not be legally re-used to complete the requisites of a
subsequent crime (component crime)
The common element of estafa and falsification of private document is DAMAGE. Thus, they cannot co-exist and can not be complexed because
complex crime presupposes two crimes, while under common element rule, there is only one crime.
Page 34
Theft or Robbery Rules:
The only thing that can be taken is personal property. If the one taken is real
property that is a different crime.
Intent to gain is necessary to the crime but ACTUAL GAIN is not.

TAKEN!
Rules: Rules:
Rules:
Once the thing is NO frustrated stage
Accused did not
in CONTROL and Because once all the
get hold of the
POSSESSION of acts of execution has
possession and
the offender it is been done the
control of the
already offender shall have
property to be
consummated! possession and
taken
control of the property
taken and it is already
consummated stage.
BESTBAR
EVER
Robbery with Homicide

ARTICLE 293. Who are Guilty of Robbery.
"ORIGINAL Secondary 3rd & other
— Any person who, with intent to gain,
ARTICLE 294. DESIGN" Component Components
violence against or
shall take any personal property belonging intimidation of any person
to another, by means of violence against "INITIAL
Robbery with homicide
or intimidation of any person, or using ACT" Absorbed as
force upon anything, shall be guilty of
"AFTER
robbery. THOUGHT" modification
"Original on
Intent" circumstance
General rule:
"By reason or
If the original design is to commit
on occassion"
robbery, but person died.
by reason or on occasion
even a 3rd person Homicide in Robbery
The crime is Special Complex
Crime of Robbery with Homicide. Homicide in robbery is used as a generic sense.
Thus, ANY KILLING (Parricide, infanticide, murder) by reason of or on occasion of robbery is
considered Homicide.
Incidental killing is also part of homicide in generic sense for robbery with homicide.
WHAT IS IMPORTANT IS THAT THERE IS A RESULTING DEATH!
Exception:
Peopel v Jaranilla THEFT - KILLING Violence and intimidation is done after taking Deprivation of liberty is incidental and
3
1 When there is no Violence against or 2 1. At the time of taking there is no violence there is robbery and in the course of
intimidation of any person, there is a 2. after taking possession, owner presents itself robbery the victim or someone died.
crime of theft only. At the time of the 3. Accused applies now violence and
killing the theft is already consummated. intimidation to maintain possession of the If deprivation of liberty is incidental,
The rule is that separate crimes of theft property taken. rule out the Kidnapping. It's not
and homicide is the crime kidnapping anymore. The crime of robbery
SC RULED: will be left. 3 instances of incidental
What if the one died is a police officer? The Crime committed is ROBBERY
deprivation of liberty:
Crime is theft and separate crime of direct It is ruled that in robbery initial
violence is not required.
Deprivation of liberty arising from
assault with homicide.
Applying violence and intimidation after the transportation of the victim to
the taking is still robbery. the place where the principal crime
Consequently:
If there is force and intimidation in
The reason is that the robber has not yet will be done
have the FULL CONTROL of the possession Deprivation of liberty arising from
the the course of taking, and robbery
of the property. Thus, it is still in the
has been consummated. When the the circumstance where the
period of commissioning the crime of
case is in investigation stage, then a offender is trying to prevent police
taking
police officer died. from arresting him.
The crime is separate crime of robbery
Crime is Robbery with homicide Deprivation of liberty arising from
and direct assault with homicide.
if the owner died after presenting himslef to the prolong implementation of the
the robber who has taken the property without criminal design. (Napatagal lang
violence and intimidation. ung pag gawa ng krimen)
Page 35
Interesting cases:
Special Complex Crime is always in
After snatching the bag of the victim

Vs. consummated stages
After snatching the bag of the victim,
without violence and intimidation, the the offenders punch the victim and
offenders ride a motor vehicle but met With only TWO Exception:
to afford impunity and then ride a
with an accident resulting to the death of motor vehicle but met with an
one of the offenders. accident resulting to the death of one Attempted Robbery with Rape
of the offenders. Attempted Robbery with Homicide
SC RULED:
The Crime committed is theft only
There is no violence and intimidation Rule: ARTICLE. 297.
on the occasion of taking. The Crime committed is robbery
The death of the offender is not within with homicide
ARTICLE 297. Attempted and Frustrated Robbery
the intention of the other offender. It Here, the crime transformed into
Committed Under Certain Circumstances. —
was purely accident. Thus, the one of the highest penalized crime
When by reason or on occasion of an attempted
surviving offender is not liable to the of illegal taking of personal
or frustrated robbery a homicide is committed
death of his partner in crime. property.
the person guilty of such offenses shall be
Since in robbery with homicide, the
punished by reclusión temporal in its maximum
killing even if accidental, it forms
Consequently: period to reclusión perpetua, unless the
part of the generic meaning of
If after the taking, a police officer homicide committed shall deserve a higher
homicide.
pursue them and the offenders hit the penalty under the provisions of this Code.
Thus, the crime committed is
police by the car they are driving, the
special complex crime of robbery
crime now is Robber with homicide. Remember according to jurisprudence there is no
with homicide.
Remember that violence and such animal as Frustrated Robbery, likewise
intimidation is not required in the frustrated theft.
initial commission of the crime. If
there is violence and intimidation
after the possession as long as the
objective is to maintain possession of
the thing. The crime is Robbery.
ARTICLE 299 - 305.

Using force upon things
Robbery with using force upon things.
General rule:
False key
You cannot merge Robbery using
force upon things to homicide.
It is not mentioned in Art 299-305
Thus, there is no such animal as
Robbery with using force upon things.
Special complex crime of Robbery
by using force upon things with Force upon the building Force upon the things -
homicide
receptacle
Actual and constructive force Force upon wardrobe.

Two types of breaking the window Actual force - breaking the Actual and intended force
window, floor, ceiling. Actual - actual breaking of
As an aggravating circumstance:
All other are constructive: receptacle inside the building
What is important is that the offender
Using pick-locks Intended force - removing the
breaks the window to commit the
Using fictitious name, receptacle outside the building.
crime.
simulation of authority
As an qualifying circumstance
All the means must be for the
Accused break the window and then get accused to enter the building or
the wallet from outside by the window he house. And not a means when
breaks they already inside the building.
Remember that if you facilitate the
crime of taking by breaking a window.
It is necessary that after you break
the window you enter the house
through that window.
Here, the accused breaks the window
to commit the crime of theft.
Thus, the crime committed is theft
aggravated with breaking the
window.
Page 36Page 35
G. Crimes
Crimesagainst
againstProperty
Property
Carnapping (R.A. 6539)
Rules:
Concept of carnapping is as same as theft and Qualified Carnapping
robbery. Thus, whatever principle in theft or (Carnapping with aggravated circumstances)
robbery is applicable to Carnapping.
Thus, in R.A. 6539 (Anti-Carnapping Act of 1972), Attendant of Rape Attendant of Killing
when there is attendant of Rape or Killing in the
course of Carnapping it is called QUALIFIED
carnapping. It can also now be called Special Carnapping Carnapping
complex crime of Carnapping with rape or with Rape with Homicide
carnapping with homicide, as the case maybe.
Carnapping with Homicide
WITH Motive to kill WITHOUT Motive to kill
Treated as Treated as
Original design Secondary
component only
Rules: Rules:
WITH Motive to kill WITHOUT Motive to kill
When the original design is When the original design is
establish as with intent or motive established as carnappig and then
to kill and then the carnapping is there is attendant of killing the victim
just a secondary component crime. The rule is that the crime is a
The rule is that there is a special complex of Carnapping
SEPARATE crime of Murder or with homicide.
Homicide and Simple
Important rule:
Carnapping
the victim killed must be the owner,
driver or occupants of the car.
Thus, of the one who has been killed is a
police pursuing you. The police is not the
owner, driver, nor occupant of the car.
There is no special crime of Carnapping
with homocide. The crime is a separate
crime of direct assault with homicide and
simple carnapping.
Carnapping with Rape
Apply rules on Robbery with rape but the victim must be the driver, owner or
occupant of the car.
Page 37
H. Crimes against Liberty
BESTBAR
KIDNAPPING
EVER
In operation of law, this becomes an

Rules: exception to Special Complex crime the
The phraseology of the Art. 267 did not general rule on the attendance of killing
mention of homicide. Thus, the killing may will be HOMICIDE as to be considered as a
be a crime of MURDER or homicide as generic in meaning.
secondary component crime to
KIDNAPPING. Thus, there is such kind of special complex
crime of Kidnapping with Murder
Prevailing Rule:
Under RA. 7659 Difference between Robbery with Kidnapping with frustrated murder
If the victim is killed in the course homicide/ Robbery with rape
of detention. The rule is that
This is not a special complex crime. Because as a rule,
In robbery with homicide or robbery special complex crime components are always
whether the killing is accidental,
intentionally sought, or just an after with rape the original design is CONSUMMATED.
thought, the crime is special important to determine the Principal This is a complex crime proper. two crimes committed
complex crime of Kidnapping with Component crime. and one is necessary act to commit the principal
homicide or murder
objective.
Thus what is important is that the In Kidnapping with homicide or Here we will apply the general rule of ORIGINAL
victim is killed in the course of
murder, the original design is not DESIGN RULE.
detention.
Killing is purposely (intentionally)
important. What is important is Thus, if the main objective of the offender is to kill
sought means killing is the that Kidnapping is the initial act the victim and frustrated murder is the resulting
ORIGINAL DESIGN. But it is and killing is done by reason or on crime. The crime now is Frustrated murder
punished under the special complex occasion of kidnapping. Even if the through Kidnapping.
crime of Kidnapping with homicide original design is to kill and not On other hand, if the original design is kidnapping
or murder.
kidnapping. and there is frustrated murder. The crime will be
separate crime of Kidnapping and frustrated
murder.
Basic requisite 1. Deprivation of liberty 2. Intent to deprived liberty

1. Deprivation of liberty
There must be "appreciable period of Deprivation of liberty must not be incidental!
2. Intent to deprive liberty
time" within which the victim is deprived of If incidental, rule out the Kidnapping. It's not
his liberty kidnapping anymore. 3 instances of incidental
Thus, if there is no appreciable period of deprivation of liberty:
time, rule out Kidnapping and there will only Deprivation of liberty arising from the
be one crime (the attending crime) transportation of the victim to the place where
However, if there is a clear intention of the principal crime will be done
kidnapping, but without appreciable period Deprivation of liberty arising from the
of time, it will be attempted Kidnapping. circumstance where the offender is trying to
prevent police from arresting him.
Deprivation of liberty arising from the prolong
implementation of the criminal design.
(Napatagal lang ung pag gawa ng krimen)
Kidnap for ransom
Q
2016
Accused is using the deprivation of liberty of his victim to get money. Twist: BAR
In one case, accused is a nanny of the victim baby and he put the baby in a
What if Lora has partner in crime named B. B is the
shoe box rolled in stockings. The baby died instantly. It is submitted that if
one asking for ransom without knowledge that the
there is no appreciable period of time within which the victim is deprived
baby is already dead.
of his liberty, rule out kidnapping. Thus, the crime is MUDER! (People v
What is the crime committed by B? Is he liable?
Lora)
Yes, B is liable at the very least to the crime
The crime committed by Lora is Estafa because the baby is already
of unjust vexation only.
dead when she is asking for money. That is deceit!
B cannot be liable for the crime of estafa
Note that there is no kidnapping since the baby is already dead. There
because there is NO COMMUNITY of
can never be deprivation of liberty on the dead person.
DESIGN in the scenario. Lora's crime is
Ransom is just a qualifying circumstance to increase the penalty for
different to B's criminal intent.
kidnapping.
Page 38
Estafa in relation to kidnap (Lora case)

DAMAGE
It is when the there is damage done but it was prevented Damage has not been done to the
damage to the victim due to some cause independent to of the victim.
has been done when will of the perpetrator The offender did not get the
the crime of estafa is Thus, in entrapment, when the accused get money.
consummated. the money through entrapment. There will In entrapment, when the offender
be no damage to the victim since the did not get the money to the
money used is either fake or is not owned asset of the police or the police. It
by the victim. Thus, the crime is only is attempted estafa
frustrated! (people vs. Castillo)
2. Intent to deprived liberty

Intent to kill and deprivation of
liberty is incidental, crime is murder
Kidnapping with rape
If there is combination of Intent to As to Principal Kinapping with rape adheres with the Original Criminal Design Rule.
deprived liberty and intent to kill. Objective Thus, the original design must be Kidnapping and rape must be an after
The crime is a special complex crime thought.
Rape is attendant
of kidnapping with homicide or
murder.
In People vs. Estacio, victim was 2 Abduction with lewd design 3 Abduction with intent to
abducted in Q.C and brought to Bulacan deprived liberty
Offender's original design is to rape his
and immediately killed by the offenders victim but his necessary means is to There must no lewd design at the time
then offenders ask for ransom. abduct the victim of abduction.
RULE: there must be with lewd design
at the time of the abduction. If no lewd Rule:
Supreme Court held that the crime
design it is kidnapping The rape is an afterthought of
committed is MURDER. The Deprivation kidnapping
Rule: (Dela Riva case)
of liberty arising from the transportation the crime committed is special
Crime is a complex crime proper
of the victim to the place where the or Rape through forcible
complex crime of kidnapping with
principal crime is incidental to it, rape
abduction
Therefore, rule out kidnapping and All counts of rape will be counted as
Because forcible abduction is
one with the special complex crime
there will be murder as crime left. The necessary means to commit rape
of kidnapping with rape
ransom will not convert the crime to Other subsequent rape is counted as
separate crime of rape.
kidnapping. What is controlling is the
special complex crime of
intent to deprive liberty. To deprive is
kidnapping with rape
the actus reus sought to facilitate the Rape through
crime to be kidnapping. The 2nd crime forcible abduction
committed in asking ransom is estafa.
4 Abduction with Rape with Killing Remember that:

1 To rape the victim In Kidnapping with homicide or
Offender's original design is to rape his The Controversial Paco murder, the original design is not
victim. important. What is important is
Larrañaga case that Kidnapping is the initial act
Rule 1: Forcible Abduction is absorbed
and killing is done by reason or on
Rape must be at consummated stage The Chiong sister's murder and rape case
Because forcible abduction shall be an occasion of kidnapping. Even if the
indispensable means to commit rape. Briefer of the case: Paco and his friends abducted original design is to kill and not
the Chiong sister's in front of Robinson's mall in kidnapping.
Rule 2: Threat, malicious mischief, physical Cebu city. They put the sisters in a warehouse,
injuries thereafter, they go to a place close to a cliff, they Thus, even if the original design of Paco et al. is to
Rape must be at consummated stage have drugs, party, and raped the Chiong sisters. Rape the victim through forcible abduction. Here, the
because these crimes shall be part of the original design is not important. As long as in the
commission of rape. Indispensable means There are 3 component crimes in the scenario: course of detention the victim died. The crime is
lahat ng to' Kinapping Kinapping with homicide or murder as the case
Rape maybe.
Consequently:
Homicide The other component crimes such as RAPE in this
If rape is attempted - forcible
case shall be INTEGRATED in the special complex
abduction shall absorbed attempted Ruling: Whether the killing is intended, purposely crime of Kidnapping with homicide or murder.
rape. :) sought or it is just an afterthought, when in the
course of detention the victim died, the crime If the question presents the same scenario you can
Simple Rape committed is Kidnapping with Homicide or answer in two ways:
Murder as the case maybe. 1. Special Complex Crime of Kidnapping with
Homicide with rape; or
2. Special Complex Crime of Kidnapping with
Homicide, Rape is integrated.
Page 39
Robbery - Kidnapping
Robbery is different from Kidnapping.
Thus, a person can be convicted of separate
crimes of robbery and kinapping
BESTBAR
Applying Doctrine of Absorption

EVER
Deprivation of liberty is incidental 2. Intent to deprived liberty

Deprivation of liberty must not be
1 Deprivation of liberty arising from the 2 Deprivation of liberty arising from the
incidental!
prolong implementation of the criminal transportation of the victim to the place
design. (Napatagal lang ung pag gawa ng where the principal crime will be done If incidental, rule out the
krimen) Kidnapping. It's not kidnapping
Case: X was abducted by the accused in Malate
anymore. 3 instances of incidental
Case: A, a taxi driver, with a passenger, stops manila and then drove to north express way
where the accused rob him.
deprivation of liberty:
at Araneta Ave, where his co-accused is
located. After the co-accused of A get into the Deprivation of liberty arising
SC RULED:
taxi, they declared hold-up and asking for from the transportation of the
The Crime committed is ROBBERY!
100k. The victim does not have enough victim to the place where the
The detention is incidental to the crime.
money, so they went driving far away to principal crime will be done
thus, detention is absorbed in this case of
continue to facilitate the crime. The accused Deprivation of liberty arising
Robbery.
said that he has money in his business
from the circumstance where
establishment and then accused decided to go
there. While in transit, they were arrested. the offender is trying to prevent
3 Deprivation of liberty arising from the
police from arresting him.
SC RULED: circumstance where the offender is trying
to prevent police from arresting him.
Deprivation of liberty arising
The Crime committed is ROBBERY!
The detention (deprivation of liberty) is from the prolong
Case: Robbery happened first inside a
incidental to the crime. compound. Then after, while on the moment implementation of the criminal
thus, detention is absorbed in this case of of escape, there are already police outside the design. (Napatagal lang ung pag
Robbery. compound. They hostage the people inside the gawa ng krimen)
compound.
Discussion: Tumagal lang dito ung pagkuha ng
SC RULED: (People v Astor)
pera kasi nga walang sapat na pera ung
The Crime committed is ROBBERY! Complex crime proper of
accused. Now diba ang rule natin if detention
is incidental sa crime, rule out kidnapping, the
The detention is incidental to the crime. Robbery through kidnapping.
thus, detention is absorbed in this case of
only crime left is robbery. Case: In a lumber compound, accused
Robbery.
declared hold-up ask for money. Victim give
money but not enough so the accused holds
the victims as their hostage. Police are outside
Abduction - Rape - Hostage the compound.
Case: Accused drag his victim to a certain place SC RULED: (People v Salvilla)
and rape her. Police came and then accused The Crime committed is complex crime of
hostage the victim. Robbery through kidnapping.
Deprivation of liberty arising from the In the exception of deprivation of liberty
SC RULED: (People v Concepcion) Vs. circumstance where the offender is trying arising from the circumstance where the
The Crime committed is Rape and separate
to prevent police from arresting him. offender is trying to prevent police from
crime of slight illegal detention.
arresting him, which makes the deprivation
Rape absorbs the abduction, if the original Case: Robbery happened first inside a
incidental and that will rule out kidnapping,
design is to rape. compound. Then after, while on the moment
the objective is to prevent the police from
With respect to the deprivation of liberty of escape, there are already police outside the
arresting them. However, in this case the
(hostage), that is a separate crime of slight compound. They hostage the people inside the
accused deprived the liberty of the victims
illegal detention. compound.
to get more money.
Why slight illegal detention?
SC RULED: (People v Astor) Thus, this is a situation where deprivation
There is a technicality in the
The Crime committed is ROBBERY! of liberty is a necessary means to commit
information filed for deprivation of
The detention is incidental to the crime. robbery.
liberty. It is not allege in the information
thus, detention is absorbed in this case of Thus this is a complex crime of Robbery
that the victim is a woman. Otherwise, it
Robbery. through kidnapping.
will be serious illegal detention.
Note: Robbery and Kidnapping is different
crimes. They have different modes of
committing the original design.
Slight illegal detention Kidnapping and failure to Abandoning a Minor

Detention lasted less than 3 days return a minor
Offender entrusted with custody of a Offender who is in custody of the child
child and fails to return it under 7 years of age and deliberately
Parents can be held liable here abandons such child
Page 40
Exploitation of Minor Vs. Exploitation of Child Labor
Minor was induced to abandon Offender retains a minor in his service
his home for labor under the pretext of reimbursing
himself of a debt incurred by the
person entrusted with custody
Trespassing
Article 280. Qualified trespass to dwelling. -
Qualified when there is violence and intimidation
intention of the offender is not know, otherwise, it will be aggravating circumstance
Note that this crime maybe committed by the owner of the property against his occupant
Article 281. Other forms of trespass. -

Any person who shall enter the closed premises or the fenced estate of another, while either or
them are uninhabited, if the prohibition to enter be manifest and the trespasser has not
secured the permission of the owner or the caretaker thereof.
Grave Coercion Vs. Light Coercion

The essence of coercion is the The offender creditor, by violence or
attack on individuals liberty intimidation, seized anything beloning
either: to his debtor, to apply the same to the
to do something not payment of his debt.
prohibited by law Note: Absence of violence and
or to compel to do intimidation, crime is only unjust
something against his will vexation
If there is lewd design, crime is
abduction
Grave threats Vs. Light threats

Threat should be amount to a threat does not constitute a crime
crime there is a demand of money or
threat is not subject to a condition
condition BLACK MAILING - any unlawful
extortion of money by threats of
accusation or exposure, it will be light
threats if it is not defaming
Page 41
I. Crimes against Public Interest Forgeries
Falsification
False Testimonies
A. Forgeries:
B. Falsification
Section One.
- Forging the seal of the Government of the
Philippine Islands, the signature or stamp of the
Falsification of a public document is consummated upon the execution of the false
Chief Executive.
document. What is punished in falsification of public document is principally the
undermining of the public faith and the destruction of truth as solemnly proclaimed
1 Article 161. Counterfeiting the great seal of therein. (Goma vs. CA)
the Government of the Philippine Islands, Section Five.
forging the signature or stamp of the Chief Section Four. - Falsification of medical
Executive - Falsification of legislative, public, certificates, certificates of
commercial, and privatedocuments, and merit or services and the like.
2 Article 162. Using forged signature or
wireless, telegraph, and telephone
counterfeit seal or stamp. - of Art 161
message.
5 Article 174. False medical
Section Two. certificates, false certificates
- Counterfeiting Coins of merits or service, etc
1 Article 170. Falsification of legislative
documents
3 Article 163. Making and importing and
uttering false coins 6 Article 175. Using false
2 Article 171. Falsification by public officer,
certificates
employee or notary or ecclesiastic minister.
4 Article 164. Mutilation of coins; Importation
and utterance of mutilated coins 3 Article 172. Falsification by private Section Six.
individual and use of falsified documents - Manufacturing, importing and
5 Article 165. Selling of false or mutilated
possession of instruments or
coin, without connivance
4 Article 173. Falsification of wireless, cable, implements intended for the
telegraph and telephone messages, and commission of falsification.
use of said falsified messages
Section Three.
- Forging treasury or bank notes, obligations 7 Article 176. Manufacturing and
possession of instruments or
and securities; importing and uttering false or
implements for falsification
forged notes, obligations and securities.
6 Article 166. Forging treasury or bank notes

OTHER FALSITIES
on other documents payable to bearer;
importing, and uttering such false or forged
Section One.
notes and documents. - The forging or
- Usurpation of authority, rank, title, and improper use of names, uniforms and
falsification of treasury or bank notes or
insignia.
certificates or other obligations and securities
payable to bearer and the importation and
1 Article 177. Usurpation of authority
2 Article 178. Using fictitious name and
uttering in connivance with forgers or or official functions. - Any person who
importers of such false or forged obligations concealing true name. - for the
shall knowingly and falsely represent
or notes purpose of concealing a crime, evading
himself to be an officer, agent or
the execution of a judgment or causing
representative of any department or
Article 167. Counterfeiting, importing and damage.
7 agency of the Philippine Government or
uttering instruments not payable to bearer. of any foreign government, or who,
under pretense of official position, shall 3 Article 179. Illegal use of uniforms
or insignia
Article 168. Illegal possession and use of perform any act pertaining to any
8 person in authority or public officer of
false treasury or bank notes and other
instruments of credit. the Philippine Government or any
foreign government, or any agency
Article 169. How forgery is committed. - thereof, without being lawfully entitled to
9 The forgery referred to in this section may do so
be committed by any of the following
means:
1. By giving to a treasury or bank note or
any instrument, payable to bearer or order
mentioned therein, the appearance of a
true genuine document.
2. By erasing, substituting, counterfeiting or
altering by any means the figures, letters,
words or signs contained therein.
Page 42
C. False Testimonies
Offense of willfully telling an untruth in a court after having taken an oath or affirmation.
CRIMINAL CASE PERJURY CIVIL CASE PERJURY Other Perjury

1
Article 180. False testimony against 3 Article 182. False testimony 4 Article 183. False testimony in
a defendant. in civil cases other cases and perjury in solemn
2 affirmation
Article 181. False testimony - any person, who knowingly makes
favorable to the defendants untruthful statements and not being
included in the provisions of the next
preceding articles, shall testify under
oath, or make an affidavit, upon any
5 Article 184. Offering false testimony in evidence material matter before a competent
person authorized to administer an oath
in cases in which the law so requires.
D. FRAUDS
Section One. Section Two.
- Machinations, monopolies and combinations Frauds in commerce and industry
1 Article 185. Machinations in public auctions. - 1 Article 187. Importation and disposition of
Any person who shall solicit any gift or promise as a falsely marked articles or merchandise made
consideration for refraining from taking part in any of gold, silver, or other precious metals or
public auction, and any person who shall attempt to their alloys - any person who shall knowingly
cause bidders to stay away from an auction by import or sell or dispose of any article or
threats, gifts, promises, or any other artifice, with merchandise made of gold, silver, or other precious
intent to cause the reduction of the price of the thing metals, or their alloys, with stamps, brands, or marks
auctioned, which fail to indicate the actual fineness or quality of
said metals or alloys.
2 Article 186. Monopolies and combinations in

restraint of trade. 2 Article 188. Subsisting and altering trade-
mark, trade-names, or service marks.-
3 Article 189. Unfair competition, fraudulent

registration of trade-mark, trade-name or
service mark, fraudulent designation of origin,
and false description
Page 43
Sub-issues are issues in a criminal law question after determination
of the SPECIFIC CRIME COMMITTED by the accused. Such as but not
limited to:
Doctrine of Absorption
Multiple Crimes
SUB-ISSUES Collective responsibility rule
I. Doctrine of absorption
If there are many attending crimes in one SC Ruled:
situation, apply doctrine of absorption.

2. Victim is Robbed - killed - carnapped
What is the crime committed?
General Rule: Here the crime committed is robbery with homicide.
Robbery with homicide: The taking of a motor vehicle after the robbery with homicide is
considered a separate crime of CARNAPPING
SC Ruled:
The taking of motor vehicles is not absorbed in the crime of
If you properly established that the crime robbery with homicide. Why? Because Carnapping is a SPECIAL
committed is robbery with homicide. All other LAW.
crimes or felonies attending one situation shall Thus the rule: If there is a Principal crime established and
be integrated into the special complex crime of then after there is carnapping. Carnapping shall be a
robbery with homicide. separate crime.
Supreme court was consistent in the phrase
"BY REASON or ON OCCASION" of robbery
Q
2017
other crimes which have a direct connection or
BAR
intimate relationship with the principal crime.
will be absorbed by the special complex crime Acts of lasciviousness will be integrated into the special
of robbery with homicide. complex crime of robbery with homicide.
Q
Exception: 2009
The afterthought crimes will not be BAR

Lock-key - Rape - Killing - Robbing
absorbed. Crimes in this illustration is
A entered the house of B to rape her. A used pick-lock to enter the house
committed chronologically. of B. A raped B and then kill her. A also get the jewelry inside the house of
B.
SC Ruled:
What is the crime committed by A?
The crime committed by A is Rape with homicide and separate crime
1. Victim is raped, killed - robbed. of theft.
What is the crime committed? You cannot merge the attending circumstance of pick-lock to enter the
Here rape is the first crime committed house of B as a qualifying circumstance to consummate robbery with
and you need to check the very first the use of force upon things because the original design of A is rape B.
intention of the criminal. If the original The use of pick-lock to enter the house of B is to consummate rape. It
design is to rape the victim and then kill has no connection with the taking of the jewelry
Thus, Rape with homicide is the crime committed. With the separate
her after. The crime is Rape with
crime of theft.
homicide. The illegal possession of pick-lock will be absorbed by the crime of
The other crime which is robbing the rape with homicide.
victim will be a crime of theft. This crime
is just an AFTERTHOUGHT because the
Q
2018
principal crime was already
consummated. The taking was
BAR
Robbery with homicide - loose firearms
committed with NO VIOLENCE which is Robbery with homicide is an established crime. There is an
an element of robbery. attending crime of loose firearms.
Thus, the crime committed is: What will you do in the attending crime of loose firearms?
1. Special Complex crime of Rape According to Sec 29. RA 10591:
with homicide If the illegal possession of a loose firearm is NOT INHERENT
2. Simple Theft in the commission of the Principal crime, it is separate
crime.
Theft was not absorbed. Why?
If INHERENT to the commission of other crimes, such as
Theft committed here has no
homicide or robbery with homicide, possession of loose
DIRECT CONNECTION or INTIMATE firearms will be absorbed and it will be a special
RELATIONSHIP with the PRINCIPAL aggravating circumstance and apply max period
crime of RAPE. Both crime are Thus, double jeopardy will set in if a loose firearm is
distinct from each other. inherent to the commission of these crimes.
Page 44
SUB ISSUES
II. Multiple Crimes (Absorption)
BESTBAR
EVER
Robbery with homicide: Qualified Piracy Kidnapping with homicide

Rule: If the crime established is special Rule: If the crime established is Piracy, all Rule: If the crime established is special
complex crime of robbery with homicide, all other crimes that is in direct connection complex crime of Kidnapping with
other crimes that is in direct connection and intimate relationship between and homicide, all other crimes that is in direct
and intimate relationship between and amongst the component crimes, all other connection and intimate relationship
amongst the component crimes, all other component crimes shall be integrated to between and amongst the component
component crimes shall be integrated to the crime of qualified piracy crimes, all other component crimes shall be
the special complex crime of robbery with Other component crimes that can be integrated to the kidnapping with homicide.
homicide. integrated: Other component crimes that can be
Other component crimes that can be Rape integrated:
integrated: Acts of lasciviousness Rape
Rape Physical Injuries Acts of lasciviousness
Acts of lasciviousness Murder Physical Injuries
Physical Injuries Homicide
In connection to DELITO CONTINUADO or CONTINUOUS CRIME
COMPLEX CRIME CONTINUOUS CRIME

Requisites:
It can be a violation of Vs. Series of acts violating ONE Discussion:

many penal provisions and the same provision of the Tandaan lang single
in the code. Penal code criminal impulse ang key
Committed at the same place word.
and about the same time Dapat isang provision ng
For the same criminal purpose. offense at madaming
ginawa na magkakasabay
SAME CRIMINAL IMPULSE ung offender. Ex. nag
falsify ng documents mga
What is important is the criminal sampu for one single
impulse. One criminal impulse criminal impulse. If
will make the crime continuous matatandaan mo kaso to
crime. ni Late Senator Miriam
Defensor.
Page 45
SUB ISSUES
III. Collective Responsibility rule
Collective responsibility rule

Foreseeability principle
Robbery with homicide or rape.
Conspirators are liable not only for the crime agreed upon but
also to the crimes attending the commission of the crime if such Connected with BAND
crime is foreseeable Band is an ordinary aggravating circumstance
The member of the band was present at the
If other conspirators do not foresee or do not see the other
time of the commission of the robbery.
component crimes that did not agree upon. The crimes not
foreseeable is not a liability of those who are not the actor of
such component crime.
Failure to prevent principle
But if the co-conspirator seen the crime not agreed upon and
did not prevent it in happening, the one who sees the other
crime shall be liable for the other crime.
Natural, logical consequence principle

Conspirators are liable not only for the crime agreed upon but
also for the crime that is not part of the agreement when the
component crime committed is a natural, logical consequence of
the conspiracy.
Uniform Rule on Special complex crimes.

A principle applicable to a special complex crime is applicable to all special complex
crime. BESTBAR
EVER
Grule: Exceptions:
Robbery with homicide or rape Kidnapping

Carnapping
1. It is important that the original Whether the original design is kill or to

Victim is DRIVER, OWNER,
design is to commit robbery kidnap, if the victim is killed in the course
of detention. That is a special complex
crime of kidnapping with homicide or
murder.
2. Even if the 3rd person is the In kidnapping, it must be the victim who is
In kidnapping, it must be the
victim of homicide or rape. the one who killed or raped.
victim who is the one who
killed or raped.
3. Regardless of the number of In kidnapping, the number of victims are

In kidnapping, the number of
killing or rapes there is only one separate crimes.
victims are separate crimes.
crime.
4. Treachery is an ordinary In kidnapping, treachery can be a In kidnapping, treachery can

aggravating circumstance qualifying circumstance. Because there is be a qualifying circumstance.
an animal of Kidnapping with murder. Because there is an animal of
Kidnapping with murder.
MAY LALABAS DITO MGA DALAWANG TANONG KAYA PLS. KABISADUHIN TONG BOX NA TO!
Page 46
SUB ISSUES
J. RA. 9262 - WAVC LAW (Anti-violence Psychological Abuse
It includes acts with purpose or
Against Women and their child) effect of CONTROLLING or
RESTRICTING the woman or her
child's movement or conduct
Victims: Act: Deprive the woman of custody of
Physical Abuse her child
1. Against a woman whom the STALKING
Sexual Abuse
offender has sexual or dating
Psychological Abuse Results to SUBSTANTIAL emotional
relationship
Economic Abuse and psychological distress
2. Woman's child or common child Economic Abuse
A single act of violence
is enough Preventing a woman in engaging in any
legitimate profession or business or
solely controlling the victim's money
and property (economic abuse)
K. RA. 7610 (Special Protection of Children Against Abuse,

Exploitation, and Discrimination)
Crimes:
1 CHILD ABUSE 2 Child abuse involving
infliction of Physical Injury
Debase, demean, degrade the intrinsic worth and
dignity of the child
Here, intent to debase, demean, degrade the child
Intent to debase, demean, or degrade the intrinsic worth is not an element of this kind of child abuse.
and dignity of the child is important.
Thus, when there is an act which results to infliction of
In Bongalon v People, accused saw the victime and physical injury to a child, the crime is Child abuse
his companions hurting his minor daughter. involving infliction of Physical Injury.
Angered, accused attack minor-victim and slapped
his face. Since the accused committed the act at the Note: If the infliction of injury is due to incomplete
spur of the moment, they are perpetrated without defense of relative or stranger, the crime is physical
intent to degrade the dignity of the victim. Thus, Child injury only.
abuse is not committed but only slight physical
injury.
BESTBAR
3 Sexual Abuse
EVER
Sexual Abuse OR Rape through SEXUAL ABUSE

Committed under coercion or influence
child prostitution sexual assualt under RA. 7610
of any adult, syndicate or group.
Child Prostitution - is the crime if sexual intercourse or
acts of lasciviousness is committed for money and profit.
Taking advantage of ascendancy as a swimming
Sexual Abuse Rape RAPE under
instructor over student is psychological coercion.
through sexual RPC, either
The guarantee of not being pregnant by using
withdrawal method and promise of marriage were intercourse statutory rape
classified as psychological coercion and influence or RAPE
within the purview of SEXUAL ABUSE.
Page 47
Special laws
L. RA. 11313 (Safe Space Act)
AN ACT DEFINING GENDER-BASED SEXUAL HARASSMENT IN STREETS, PUBLIC SPACES, ONLINE, WORKPLACES,
AND EDUCATIONAL OR TRAINING INSTITUTIONS, PROVIDING PROTECTIVE MEASURES AND PRESCRIBING
PENALTIES THEREFOR
Important definitions:
Catcalling refers to unwanted remarks directed towards Public spaces refer to streets and alleys, public parks,
a person, commonly done in the form of wolf-whistling schools, buildings, malls, bars, restaurants, transportation
and misogynistic, transphobic, homophobic, and sexist terminals, public markets, spaces used as evacuation
slurs; centers, government offices, public utility vehicles as well
Gender-based online sexual harassment refers to an as private vehicles covered by app-based transport
on the conduct targeted at a particular person that network services and other recreational spaces such as,
causes or likely to cause another mental, emotional or but not limited to, cinema halls, theaters and spas;
psychological distress, and fear of personal safety, sexual
harassment acts including unwanted sexual remarks and Stalking refers to conduct directed at a person involving
comments, threats, uploading or sharing of one’s photos the repeated visual or physical proximity, non-consensual
without consent, video and audio recordings, communication, or a combination thereof that cause or
cyberstalking and online identity theft; will likely cause a person to fear for one’s own safety or the
safety of others, or to suffer emotional distress.
Crimes:
1 GENDER-BASED STREETS AND PUBLIC SPACES SEXUAL HARASSMENT

Crimes of gender-based streets and public spaces sexual harassment are committed through any
unwanted and uninvited sexual actions or remarks against any person regardless of the motive for
committing such action or remarks.
Sec 11. (a) For acts such as cursing, wolf-whistling, catcalling, leering and intrusive gazing, taunting, cursing,
unwanted invitations, misogynistic, transphobic, homophobic, and sexist slurs, persistent unwanted
comments on one’s appearance, relentless requests for one’s personal details such as name, contact and
social media details or destination, the use of words, gestures or actions that ridicule on the basis of sex
gender or sexual orientation, identity and/or expression including sexist, homophobic, and transphobic
statements and slurs, the persistent telling of sexual jokes, use of sexual names, comments and
demands, and any statement that has made an invasion on a person’s personal space or threatens the
person’s sense of personal safety.
(b) For acts such as making offensive body gestures at someone, and exposing private parts for the
sexual gratification of the perpetrator with the effect of demeaning, harassing, threatening or intimidating
the offended party including flashing of private parts, public masturbation, groping, and similar lewd
sexual actions
For acts such as stalking, and any of the acts mentioned in Section 11 paragraphs (a) and (b), when
accompanied by touching, pinching or brushing against the body of the offended person; or any
touching, pinching, or brushing against the genitalia, face, arms, anus, groin, breasts, inner thighs, face,
buttocks or any part of the victim’s body even when not accompanied by acts mentioned in Section 11
paragraphs (a) and (b)
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2 GENDER-BASED ONLINE SEXUAL HARASSMENT
Sec 12. Gender-based online sexual harassment includes acts that use information and communications technology in
terrorizing and intimidating victims through physical, psychological, and emotional threats, unwanted sexual
misogynistic, transphobic, homophobic and sexist remarks and comments online whether publicly or through
direct and private messages, invasion of victim’s privacy through cyberstalking and incessant messaging,
uploading and sharing without the consent of the victim, any form of media that contains photos, voice, or
video with sexual content, any unauthorized recording and sharing of any of the victim’s photos, videos, or any
information online, impersonating identities of victims online or posting lies about victims to harm their
reputation, or filing false abuse reports to online platforms to silence victims.
Penalty:
Prision correccional in its medium period OR a fine of not less than One hundred thousand pesos
(P100,000.00) but not more than Five hundred thousand pesos (P500,000.00), OR both, at the discretion of the
court shall be imposed upon any person found guilty of any gender-based online sexual harassment.
3 GENDER-BASED SEXUAL HARASSMENT IN THE WORKPLACE

(a) An act or series of acts involving any unwelcome sexual advances, requests or demand for sexual favors or
Sec. 16. any act of sexual nature, whether done verbally, physically or through the use of technology such as text
messaging or electronic mail or through any other forms of information and communication systems, that has
or could have a detrimental effect on the conditions of an individual’s employment or education, job
performance or opportunities;
(b) A conduct of sexual nature and other conduct-based on sex affecting the dignity of a person, which is
unwelcome, unreasonable, and offensive to the recipient, whether done verbally, physically or through the use
of technology such as text messaging or electronic mail or through any other forms of information and
communication systems;
(c) A conduct that is unwelcome and pervasive and creates an intimidating, hostile or humiliating environment
for the recipient: Provided, That the crime of gender-based sexual harassment may also be committed
between peers and those committed to a superior officer by a subordinate, or to a teacher by a student, or to
a trainer by a trainee; and
(d) Information and communication system refers to a system for generating, sending, receiving, storing or
otherwise processing electronic data messages or electronic documents and includes the computer system or
other similar devices by or in which data are recorded or stored and any procedure related to the recording or
storage of electronic data messages or electronic documents.
4 GENDER-BASED SEXUAL HARASSMENT IN EDUCATION AND TRAINING INSTITUTIONS
Sec.21 All schools, whether public or private, shall designate an officer-in-charge to receive complaints regarding
violations of this Act, and shall ensure that the victims are provided with a gender-sensitive environment that is
both respectful to the victims’ needs and conducive to truth-telling.
Once a perpetrator is found guilty, the educational institution may reserve the right to
strip the diploma from the perpetrator or issue an expulsion order.
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M. RA. 10173 (Data Privacy Act of 2012)
Crimes:
SEC. 25. Unauthorized Processing of Personal Information and Sensitive Personal Information
SEC. 26. Accessing Personal Information and Sensitive Personal Information Due to Negligence
SEC. 27. Improper Disposal of Personal Information and Sensitive Personal Information
SEC. 28. Processing of Personal Information and Sensitive Personal Information for Unauthorized Purposes.
SEC. 29. Unauthorized Access or Intentional Breach.
SEC. 30. Concealment of Security Breaches Involving Sensitive Personal Information
SEC. 31. Malicious Disclosure. – Any personal information controller or personal information processor or any
of its officials, employees or agents, who, with malice or in bad faith, discloses unwarranted or false information
relative to any personal information or personal sensitive information obtained by him or her
SEC. 33. Combination or Series of Acts. – Any combination or series of acts as defined in Sections 25 to 32 shall
make the person subject to imprisonment ranging from three (3) years to six (6) years and a fine of not less
than One million pesos (Php1,000,000.00) but not more than Five million pesos (Php5,000,000.00).
SEC. 34. Extent of Liability. – If the offender is a corporation, partnership or any juridical person, the penalty
shall be imposed upon the responsible officers, as the case may be, who participated in, or by their gross
negligence, allowed the commission of the crime. If the offender is a juridical person, the court may suspend or
revoke any of its rights under this Act. If the offender is an alien, he or she shall, in addition to the penalties
herein prescribed, be deported without further proceedings after serving the penalties prescribed. If the
offender is a public official or employee and lie or she is found guilty of acts penalized under Sections 27 and 28
of this Act, he or she shall, in addition to the penalties prescribed herein, suffer perpetual or temporary
absolute disqualification from office, as the case may be.
SEC. 35. Large-Scale. – The maximum penalty in the scale of penalties respectively provided for the preceding
offenses shall be imposed when the personal information of at least one hundred (100) persons is harmed,
affected or involved as the result of the above mentioned actions.
SEC. 36. Offense Committed by Public Officer. – When the offender or the person responsible for the offense is
a public officer as defined in the Administrative Code of the Philippines in the exercise of his or her duties, an
accessory penalty consisting in the disqualification to occupy public office for a term double the term of
criminal penalty imposed shall he applied.
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Special laws

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CRIMINAL LAW REVIEWER

Patterned to #bestbarever Jan 23.

A. Basic Principles (territoriality, actus reus, means rea)

C. Application of ISLAW (Indeterminated Sentence Law)

F. Crimes against Persons

G. Crimes against Property

H. Crimes against Liberty

I. Crimes against Public Interest

J. RA. 9262 - WAVC LAW (Anti-violence Against Women and

K. RA. 7610 (Special Protection of Children Against Abuse,

L. RA. 11313 (Safe Space Act)

M. RA. 10173 (Data Privacy Act of 2012) LEGENDS:

NOTE: LAHAT NG MAY KULAY PO

As to Actus Reus Mens Rea

Territoriality Exception: Penal laws which is favourable to

Exception: RPC can be enforce OUTSIDE PH against who:

1. Committed offenses while in PH ship or airship

Criminal Act Criminal Intent

Proper Specific Crime

1 Aberratio Ictus (Mistake of blow) 4 Mistake of Fact

2 Error in Personae Effect: A complete DEFENSE

Intended results falls on another person due to error in BESTBAR

identity of the victim 5 Proximate Cause

3 Praeter Intentionem 2. When a person, by felonious act,

2 Act done with EVIL INTENT

Inherently or Means used

ABSTRACT: Read in connection to impossible crime

Lagman Case: REBELLION SEDITION

Impossible crime is a provision of last resort for crimes

CRIMINAL PURPOSE is CRIMINAL PURPOSE is

1 Consummated 2 Frustrated stage 3 Attempted stage

offender performs all Commences the commission of

Reason for Reason for

A person is having a A person preparing to

CONSPIRACY Vs. COMMUNITY of DESIGN

Rules: If participation is INDISPENSABLE If participation is not indispensable

BEFORE PREVIOUS or SIMULTANEOUS SUBSEQUENT

Conspiracy as a Crime Conspiracy as a mode of incurring a

If MADAMI ang NAGAWANG krimen sa magkakaiabang period or araw

4 types of MULTIPLE offenders in RPC

COMPLEX CRIMES - Art 48

Compound Complex Crime Series of acts violating ONE and the

Complex Crime Proper

Since act is LAWFUL there is NO Since act is WRONGFUL there is a

Since No crime, also there is NO CIVIL Since there is a CRIME, though no

1. Self defense 1. Imbecility/ Insanity

Self Defense Note:

Imbecile Insane Note:

BELOW 15 years of age - Exempted to Criminal Liability

Juvenile Justice and Welfare Act

Child over 15 years of age but below Subject to Diversion

Death/ Physical Injury under Marriage of the

Ordinary Privilege Special

Operates to reduce penalty to operates to reduce penalty by 2 ordinary mitigation with no

Age under 18 and over 70 Incomplete 11 & 12

Generic Specific Qualifying

1. Taking advantage of Public position

14. Craft, Fraud or disguise Ignominy Cruelty

15. Abuse of Superior Strength Involves moral Involves Physical