Circumstances Affecting Criminal Liability

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REMINDERS
 1. Missed quizzes and exams;
 2. Assignments;
 3. Attendance;
 4. Schedule of Per Block Meeting; and
 5. Other concerns.
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INCURRING CRIMINAL LIABILITY
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 on account of the
employment of inadequate or ineffectual means.
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COMPLEX CRIMES
Article 48. Penalty for complex crimes. - When a

single act constitutes two or more grave or less grave
felonies, or when an offense is a necessary means for
committing the other, the penalty for the most serious
crime shall be imposed, the same to be applied in its
maximum period.(As amended by Act No. 4000.)
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COMPLEX CRIMES
1. Compound crime (delito compuesto) – a single act
constitutes two or more grave or less grave felonies
(Art. 48).
2. Complex crime proper (delito complejo) – an

offense is a necessary means to commit another
offense (Art. 48).
3. Special complex crime (delito especial complejo) –

the law fixes one penalty for two or more crimes
committed.
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Compound crime (delito compuesto)
 A with revolver shot B, missing him

but the bullet hit X who is A’s father.
A committed the crime of Attempted
Homicide with Parricide.
 Reference: Pointers in Criminal Law by Edilberto G. Sandoval
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Compound crime (delito compuesto)
Y recklessly drove his car, which in

turn hit the car of A. Passengers of A
were badly injured.
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COMPLEX CRIMES
(Art. 48).

offense (Art. 48).

committed.
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Y recklessly drove his car, which in turn hit

the car of A. A and his wife inside the car
were injured which requires medical
attention of up to 9 days. Is it proper to
charge Y of a compound crime for the
property damage caused and the injury
sustained by A and his wife?
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COMPLEX CRIMES
(Art. 48).

offense (Art. 48).

committed.
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COMPLEX CRIME PROPER (delito
complejo)
When an offense is a necessary

means of committing the other
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complejo)
B, a collector of the Bureau of Customs received from a

client amount of 1M tariff which was reflected in the
original OR. However, in the original duplicate copy of
the OR, he indicated the amount of Php900,000.00 and
misappropriated the difference of Php100,000.00. B is
guilty of Malversation through Falsification of a Public
Document because falsification is necessary means to
commit Malversation.
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complejo)
Note:
In complex crimes, one offense
should NOT be punished under
another law. Both must be a violation
of the Revised Penal Code.
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Cardo and Dalisay are into land disputes.

Cardo illegally possessed a M16 riffle so
that one time he surprised Dalisay in his
nipa hut and shot him to death. Should
illegal possession of firearm be
compounded with homicide or murder?
COMPLEX CRIMES
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constitutes two or more grave or less grave felonies (Art. 48).
2. Complex crime proper (delito complejo) – an offense is a

necessary means to commit another offense (Art. 48).
3. Special complex crime (delito especial

complejo) –Also known as a Composite Crime, is one
composed of two or more crimes, but is specifically defined,
treated and punished under the Revised Penal Code (RPC) as
a single indivisible offense.
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Special Complex Crime/Composite
Crime
1. Robbery with Homicide (Art. 294 (1))
2. Robbery with Rape (Art. 294 (2))
3. Robbery with Arson
4. Kidnapping with serious physical injuries (Art.267 (3))
5. Kidnapping with rape
6. Rape with Homicide (Art. 335)
7. Arson with homicide

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How do we differentiate Complex Crime from Special
Complex Crime?
 As to the penalty, in Complex Crimes, the

penalty for the most serious crimes shall be
imposed, and it is in its maximum period. In
Special Complex Crimes, the penalty to be
imposed is specifically provided for the provision
defining the crime itself. Thus, it shall be applied
according to the rules on imposition of the
penalty.
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How do we differentiate Complex Crime from Special
Complex Crime?
 As to the concept, Complex Crimes are consisting

of two or more crimes either because they were
brought about by a single act or because one offense
is a necessary means to commit the other offense or
offenses. While the Special Complex Crimes are
made up of two or more crimes which are considered
only as components of a single indivisible offense
being punished in one provision of the Revised Penal
Code or Special Laws, as the case may be.
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Continued Crime (delito continuado)
It is a series of felonious acts arising from a single criminal
resolution, not susceptible of division, which is carried out in
the same place and at about the same time, and violating
one and the same penal provision. The acts done must be
impelled by one criminal intent or purpose, such that each
act merely constitutes a partial execution of a particular
crime, violating one and the same penal provision. It
involves a concurrence of felonious acts violating a common
right, a common penal provision, and Impelled by a single
criminal impulse (People vs. Ledesma, 73 SCRA 77).
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CIRCUMSTANCES AFFECTING CRIMINAL LIABILITY
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 Justifying Circumstances
 Exempting Circumstances
Absolutory Causes
 Mitigating Circumstances
Extenuating Circumstances
 Aggravating Circumstances
 Alternative Circumstances
Justifying circumstances
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Where the act of the person is said to be

in accordance with the law, so that such
person is deemed not to have
transgressed the law. Lack of dolo is
basis.
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Defense of Person, Rights, Property,
and Honor (Self-Defense)
Why self-defense is lawful?

a. Impulse of self-preservation;
b. State cannot provide protection

for each of its constituents.
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REQUISITES: URL
1. Unlawful aggression
2. Reasonable necessity of the means

employed to prevent or repel it.
3. Lack of sufficient provocation

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REQUISITES: URL


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Retaliation vs Self-defense
In retaliation, the aggression that the

victim started already ceased when the
accused attacked him, but in self-defense,
the aggression was still continuing when
the accused injured the aggressor.
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Retaliation vs Self-defense
People vs. Samson, G.R. 214883,

September 2, 2015
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Unlawful aggression
Juan and Maria are spouses. While Juan was
not in the house, Maria took in Pedro, her
paramour. When Juan arrived home, he caught
Maria and Pedro in the act of sexual
intercourse. Juan right there and then punched
Pedro multiple times. Pedro in turn got hold of a
steel pipe and hit Juan in his head causing his
instantaneous death. May Pedro raised self-
defense?
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REQUISITES: URL


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Reasonable necessity of the means employed to
prevent or repel it.
Doctrine of rational equivalence

 Rational equivalence presupposes the
consideration not only of the nature and
quality of the weapons used by the defender
and the assailant, but of the totality of
circumstances surrounding the defense vis-à-
vis the unlawful aggression.
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It was Sunday morning inside the church where

the mass is on going when X placed his hand
on the upper thigh of the Z, a lady sitting next
beside him. Outraged, Z immediately stabbed Y
with a knife.
People vs. Jaurigue
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X and B was into heated argument. B is

about to draw his pistol. This was seen by X
who was likewise armed. Having second
thought, B laid down his gun. X took the
chance then to fire B to death.
People vs. Rabanal 35 SCRA 685)

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REQUISITES: URL


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Lack of sufficient provocation
This requisite is present when:
1. No provocation at all was given
2. Even if provocation was given, it was not Sufficient
3. Even if the provocation was sufficient, it was not given by the person
defending himself
4. Even if the provocation was given by the person defending himself, it

was not proximate and immediate to the act of aggression. [Cano v.
People (2003)]
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Lack of sufficient provocation
Principle of Battered-Woman Syndrome

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DEFENSE OF RELATIVES
REQUISITES: URO

employed
3. One defending had no part therein

Degree
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of Relationship
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What if the person being

defended is already a second
cousin?
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It will be considered defense of a stranger. This is vital because

if the person making the defense acted out of revenge,
resentment or some evil motive in killing the aggressor, he
cannot invoke the justifying circumstance if the relative
defended is already a stranger in the eyes of the law. On the
other hand, it the relative defended is still within the coverage of
defense of relative, even though he acted out of some evil
motive, it would still apply. It is enough that there was unlawful
aggression against the relative defended, and that the person
defending did not contribute to the unlawful aggression.
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DEFENSE OF STRANGER
REQUISITES: URrro
2. Reasonable necessity of means employed

to prevent or repeal it
3. One defending be not induced with

revenge, resentment, or other evil intent
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DEFENSE OF STRANGER
Arturo, 80 years old saw his 78 years old
neighbor held down on the ground by Berlin,
a strong and robust young man. He
intervened and used an electric stunt gun to
stop Berlin. Berlin suffered from severe head
injury as he fell down on a rocky pavement.
Is Arturo entitled to the claim of defense of
stranger?
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AVOIDANCE OF GREATER EVIL/INJURY
REQUISITES: EIO
1.Evil sought to be avoided actually

exists
2.Injury feared be greater than that
done to avoid it
3.There be no other practical and
less harmful means of preventing it
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aka STATE OF NECESSITY
Ty v. People, G.R. No. 149275 (2004)

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aka STATE OF NECESSITY
A and B are owners of adjoining lands. A owns the land
for planting certain crops. B owns the land for raising
certain goats. C used another land for a vegetable
garden. There was heavy rain and floods. Dam was
opened. C drove all the goats of B to the land of A. The
goats rushed to the land of A to be saved, but the land of
A was destroyed.
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FULFILLMENT OF A DUTY
REQUISITES:
1. Accused acted in the performance of a
duty/lawful exercise of a right or office
2. Injury caused/offense committed be the
necessary consequence of the due
performance of duty
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FULFILLMENT OF A DUTY
A, a policeman, while waiting for his wife to go
home, was suddenly stabbed at the back by B, a
hoodlum, who mistook him for someone else.
When A saw B, he drew his revolver and went after
B. After firing a shot in the air, B did not stop so A
shot B who was hit at a vital part of the body. B
died.
Is the act of A justified?

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OBEDIENCE TO AN ORDER ISSUED
FOR SOME LAWFUL PURPOSE
REQUISITES:
1. Order has been issued by a superior
2. Order must be for some lawful purpose
3. Means used by subordinate to carry out

order is lawful
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EXEMPTING CIRCUMSTANCES &
ABSOLUTORY CAUSES
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 1. Missed quizzes and exams;

 4. Schedule of Per Block Meeting; and

1.By any person committing a felony (delito) although the

2. By any person performing an act which would be an offense

Article 48. Penalty for complex crimes. - When a

2. Complex crime proper (delito complejo) – an

3. Special complex crime (delito especial complejo) –

 A with revolver shot B, missing him

Y recklessly drove his car, which in

2. Complex crime proper (delito complejo) – an

3. Special complex crime (delito especial complejo) –

Y recklessly drove his car, which in turn hit

2. Complex crime proper (delito complejo) – an

3. Special complex crime (delito especial complejo) –

When an offense is a necessary

B, a collector of the Bureau of Customs received from a

Cardo and Dalisay are into land disputes.

2. Complex crime proper (delito complejo) – an offense is a

3. Special complex crime (delito especial

2. Robbery with Rape (Art. 294 (2))

3. Robbery with Arson

4. Kidnapping with serious physical injuries (Art.267 (3))

5. Kidnapping with rape

6. Rape with Homicide (Art. 335)

7. Arson with homicide

 As to the penalty, in Complex Crimes, the

 As to the concept, Complex Crimes are consisting

Where the act of the person is said to be

Why self-defense is lawful?

b. State cannot provide protection

2. Reasonable necessity of the means

3. Lack of sufficient provocation

2. Reasonable necessity of the means

3. Lack of sufficient provocation

In retaliation, the aggression that the

People vs. Samson, G.R. 214883,

2. Reasonable necessity of the means

3. Lack of sufficient provocation

Doctrine of rational equivalence

It was Sunday morning inside the church where

X and B was into heated argument. B is

People vs. Rabanal 35 SCRA 685)

2. Reasonable necessity of the means

3. Lack of sufficient provocation

This requisite is present when:

1. No provocation at all was given

2. Even if provocation was given, it was not Sufficient

4. Even if the provocation was given by the person defending himself, it

Principle of Battered-Woman Syndrome

2. Reasonable necessity of the means

3. One defending had no part therein

What if the person being

It will be considered defense of a stranger. This is vital because

2. Reasonable necessity of means employed

3. One defending be not induced with

1.Evil sought to be avoided actually