Crimlaw Book 1

8/8/2019 Crimlaw Book 1

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QuickTime and aTIFF (Uncompressed) decompressorare needed to see this picture.ATENEO CENTRAL BAR OPERATIONS 2007Criminal LawSUMMER REVIEWERAdvisers: Atty. Lorenzo Padilla, Justice Diosdado Peralta; Head: Kristine Quimpo; Understudies: IvyPatdu, Krizna

GomezBOOK ICRIMINAL LAW A branch of municipal law whichdefines crimes, treats of their nature and provides fortheir punishment.Characteristics of Criminal Law:1. General binding on all persons who resideor sojourn in the PhilippinesExceptions:a. Treaty Stipulationb. Laws of Preferential Applicationc. Principles of Public International LawEx:i. sovereigns and other chiefs ofstateii. Ambassadors, ministersplenipotentiary, minister residentand charges daffaires(BUT consuls, vice-consuls and otherforeign commercial representativesCANNOT claim the privileges andimmunities accorded to ambassadors andministers.)2. Territorial penal laws of the Philippines areenforceable only within its territoryExceptions: (Art. 2 of RPC bindingeven on crimes committed outside thePhilippines)a. offense committed while on aPhilippine ship or airshipb. forging or counterfeiting any coin orcurrency note of the Philippines orobligations and the securities issued

by the Governmentc. introduction into the country of theabove-mentioned obligations andsecuritiesd. while being public officers andemployees, an offense committed inthe exercise of their functionse. crimes against national security andthe law of the nations defined in TitleOne of Book Two3. Prospective the law does not have anyretroactive effect.Exception: when the law is favorable to theaccusedExceptions to the Exception:a. The new law is expressly made

inapplicable to pending actionsor existing causes of actionb. Offender is a habitual criminalTheories of Criminal Law:1. Classical Theory basis is mans free will tochoose between good and evil, that is whymore stress is placed upon the result of thefelonious act than upon the criminal himself.The purpose of penalty is retribution. TheRPC is generally governed by this theory.2. Positivist Theory basis is the sum ofsocial and economic phenomena which


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conditions man to do wrong in spite of orcontrary to his volition. This is exemplified inthe provisions on impossible crimes andhabitual delinquency.3. Mixed Theory combination of the classicaland positivist theories wherein crimes thatare economic and social in nature should bedealt in a positive manner. The law is thus

more compassionate.Construction of Penal Laws:1. Liberally construed in favor of offenderEx:a. the offender must clearly fall withinthe terms of the lawb. an act is criminal only when made soby the statute2. In cases of conflict with official translation,original Spanish text is controlling,3. No interpretation by analogy.LIMITATIONS ON POWER OF CONGRESS TOENACT PENAL LAWS:1. ex post facto law2. bill of attainder3. law that violates the equal protection clauseof the constitution4. law which imposes cruel and unusualpunishments nor excessive finesQuickTime and aTIFF (Uncompressed) decompressorare needed to see this picture.

Criminal Law Summer ReviewerATENEO CENTRAL BAR OPERATIONS 2007Page 2 of 174BOOK ONEGENERAL PROVISIONSRPC took effect February 1, 1932.RULES:1. Philippine vessel or airship Philippinelaw shall apply to offenses committed in

vessels registered with the Philippine Bureauof Customs. It is the registration, not thecitizenship of the owner which matters.2. Foreign vessela. French RuleGeneral Rule: Crimes committed aboarda foreign vessel within the territorialwaters of a country are NOT triable in thecourts of such country.Exception: commission affects thepeace and security of the territory, orthe safety of the state is endangered.b. English RuleGeneral Rule: Crimes committed aboarda foreign vessel within the territorialwaters of a country are triable in the

courts of such country.Exception: When the crime merelyaffects things within the vessel or itrefers to the internal managementthereof.*This is applicable in the Philippines.Title One: FELONIES AND CIRCUMSTANCESWHICH AFFECT CRIMINAL LIABILITYChapter One: FELONIESFelonies acts and omissions punishable by theRevised Penal CodeCrime acts and omissions punishable by any law


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Act an overt or external actOmission failure to perform a duty required by lawELEMENTS:1. there must be an act or omission2. this must be punishable by the RPC3. act or omission was done by means of doloor culpaNULLUM CRIMEN, NULLA POENA SINE LEGE

There is no crime when there is no law punishing it.Classification Of Felonies According To TheMeans By Which They Are Committed:1. Intentional Felonies- by means of deceit(dolo)Requisites:a. freedomb. intelligencec. intent.MISTAKE OF FACT misapprehension offact on the part of the person who causedinjury to another. He is not criminally liable.Requisites:a. the act done would have been lawfulhad the facts been as the accusedbelieved them to bebintention is lawfulb. mistake must be without fault orcarelessness by the accused2. Culpable Felonies- by means of fault (culpa)Requisites:a. freedomb. intelligencec. negligence (lack of foresight) andimprudence (lack of skill)MALA IN SE v. MALA PROHIBITAMala in se Mala Prohibitamoral trait ofoffenderconsidered not consideredgood faith as adefensevalid defense,

unless the crime isthe result of culpanot a defense;intent notnecessarysufficientthat theoffender has theintent to perpetratethe act prohibitedby the special lawART.1: TIME WHEN ACT TAKES EFFECTART. 2: APPLICATION OF ITS PROVISIONSQuickTime and aTIFF (Uncompressed) decompressorare needed to see this picture.Criminal Law Summer Reviewer

ATENEO CENTRAL BAR OPERATIONS 2007Page 3 of 174degree ofaccomplishment of the crimetaken into account taken into accountonly whenconsummatedmitigating andaggravatingcircumstancetaken into account


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in imposing penaltyGENERALLY nottaken into accountdegree ofparticipationwhen there is morethan one offender,it is taken into

considerationGENERALLY nottaken into accountlaws violated General Rule:RPCGeneral Rule:Special PenalLawsINTENT v. MOTIVEIntent Motivepurpose to use aparticular means to effecta resultmoving power which impelsone to actelement of crime exceptin crimes committed withculpanot an elementessential in intentionalfeloniesessential only when the identityof the felon is in doubtART. 4: CRIMINAL LIABILITYRequisites:1. felony has been committed intentionally2. injury or damage done to the other party isthe direct, natural and logical consequenceof the felonyHence, since he is still motivated by criminal intent,the offender is criminally liable in:1. Error in personae mistake in identity2. Abberatio ictus mistake in blow

3. Praetor intentionem lack of intent tocommit so grave a wrongPROXIMATE CAUSE the cause, which in thenatural and continuous sequence unbroken by anyefficient intervening cause, produces the injury,without which the result would not have occurredRequisites:1. Act would have been an offense againstpersons or property.2. There was criminal intent.3. Accomplishment is inherently impossible; orinadequate or ineffectual means areemployed.4. Act is not an actual violation of anotherprovision of the Code or of special law.Impossible crime occurs when there is:

1. inherent impossibility to commit the crime2. inadequate means to consummate the crime3. ineffectual means to consummate the crimeNote: Paragraph 2 does not apply to crimespunishable by special law, including profiteering, andillegal possession of firearms or drugs. There can beno executive clemency for these crimes.STAGES OF EXECUTION:1. CONSUMMATED when all the elementsnecessary for its execution and accomplishmentare present2. FRUSTRATED


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Elements:a. offender performs all acts of executionb. all these acts would produce the felonyas a consequencec. BUT the felony is NOT producedd. by reason of causes independent of thewill of the perpetrator3. ATTEMPTED

Elements:a. offender commences the felony directlyby overt actsb. does not perform all acts which wouldproduce the felonyc. his acts are not stopped by his ownspontaneous desistancePar.1 Criminal liability for a felony committeddifferent from that intended to be committedPar. 2 Impossible CrimeArt. 5: Duty of the court in connection withacts which should be repressed but which arenot covered by the law, and in cases ofexcessive penaltiesART. 6: CONSUMMATED, FRUSTRATED, ANDATTEMPTED FELONIESQuickTime and aTIFF (Uncompressed) decompressorare needed to see this picture.Criminal Law Summer ReviewerATENEO CENTRAL BAR OPERATIONS 2007Page 4 of 174Crimes, which do not admit of Frustrated andAttempted Stages:1. Offenses punishable by Special Penal Laws,unless the law provides otherwise2. Formal crimes consummated in oneinstance(Ex: slander, adultery, etc.)3. Impossible Crimes4. Crimes consummated by mere attempt(Ex: attempt to flee to an enemycountry, treason, corruption of minors)

5. Felonies by omission6. Crimes committed by mere agreement(Ex: betting in sports: ending,corruption of public officers)Crimes which do not admit of Frustrated Stage:1. Rape2. Bribery3. Corruption of Public Officers4. Adultery5. Physical Injury2 stages in the development of a crime:1. Internal acts- e.g. mere ideas of the mind- not punishable2. External actsa. Preparatory acts - ordinarily not

punishable except whenconsidered by law as independentcrimes(e.g. Art. 304, Possession ofpicklocks and similar tools)b. Acts of Execution - punishable underthe RPCGeneral Rule: Punishable only when they have beenconsummatedException: Even if not consummated, ifcommitted against persons or propertyEx: slight physical injuries, theft, alteration of


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boundary marks, malicious mischief, and intriguingagainst honor.Note: Only principals and accomplices are liable;accessories are NOT liable even if committed againstpersons or property.CONSPIRACYRequisites:1. Two or more persons come to an agreement

2. For the commission of a felony3. And they decide to commit itConcepts of Conspiracy:1. As a crime in itselfEx: conspiracy to commit rebellion,insurrection, treason, sedition, coup d etat2. Merely as a means to commit a crimeRequisites:a. a prior and express agreementb. participants acted in concert orsimultaneously, which is indicative ofa meeting of the minds towards acommon criminal objectiveNote: Conspiracy to commit a felony is different fromconspiracy as a manner of incurring criminal liability.General Rule: Conspiracy to commit a felony is notpunishable since it is merely a preparatory act.Exception: when the law specifically provides fora penaltyEx: rebellion, insurrection, sedition, coup detatGeneral Rule:The act of one is the act of all.Exception: Unless one or some of theconspirators committed some other crime whichis not part of the intended crime.Attempted Frustrated ConsummatedOvert acts ofexecution arestartedAll acts of execution arepresentAll the acts ofexecution are

presentNot all acts ofexecution arepresentCrime sought to becommitted is notachievedThe resultsought isachievedDue to reasonsother than thespontaneousdesistance of theperpetratorDue to intervening

causes independent ofthe will of the perpetratorART. 7: WHEN LIGHT FELONIES AREPUNISHABLEART. 8: CONSPIRACY AND PROPOSAL TOCOMMIT FELONYQuickTime and aTIFF (Uncompressed) decompressorare needed to see this picture.Criminal Law Summer ReviewerATENEO CENTRAL BAR OPERATIONS 2007Page 5 of 174


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Exception to the exception: When the actconstitutes an indivisible offense.PROPOSAL TO COMMIT A FELONYRequisites:1. A person has decided to commit a felony2. And proposes its execution to some otherperson or personsImportance of Classification

1. To determine whether the felonies can becomplexed or not.2. To determine the prescription of the crimeand of the penalty.Penalties (imprisonment):1. Grave felonies afflictive penalties: 6 yrs.and 1 day to reclusion perpetua (life)2. Less grave felonies correctional penalties:1 month and 1 day to 6 years3. Light felonies - arresto menor (1 day to 30days)General Rule: RPC provisions are supplementary tospecial laws.Exceptions:1. when special law provides otherwise2. when provision of RPC are impossible ofapplication, either by express provisionor by necessary implicationSpecial Laws RPCTerms imprisonment prisioncorreccional,prision mayor,arresto mayor,etc.Attempted orFrustratedStagesGeneral Rule: NotpunishableException: Unlessotherwise statedPunishablePlea of guilty as

mitigatingcircumstanceNo YesMinimum,medium andmaximumperiodsNot applicable YesPenalty foraccessory oraccompliceGeneral Rule:NoneException: Unlessotherwise statedYes

Provisions of RPC applicable to special laws: Art. 16 Participation of Accomplices Art. 22 Retroactivity of Penal laws if favorableto the accused Art. 45 Confiscation of instruments used inthe crimeNote: When the special law adopts the penaltiesimposed in the RPC i.e. penalties as reclusionperpetua, prision correccional, etc. the provisions ofthe RPC on imposition of penalties based on stagesof execution, degree of participation and attendanceof mitigating and aggravating circumstance may be


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applied by necessary implication.Conspiracy ProposalElements Agreement tocommit ANDcommissionperson decides tocommit a crimeAND proposes the

same to anotherCrimes Conspiracy tocommit: sedition,treason, rebellion,coup d etatProposal tocommit: treason,rebellion, coup detat*no proposal tocommit seditionOVERT ACTS IN CONSPIRACY MUSTCONSIST OF:1. Active participation in the actualcommission of the crime itself, or2. Moral assistance to his co-conspirators bybeing present at the time of thecommission of the crime, or3. Exerting a moral ascendance over theother co-conspirators by moving them toexecute or implement the criminal planPeople v. Abut, et al. (GR No. 137601, April 24,2003)ART. 9: GRAVE FELONIES, LESS GRAVEFELONIES AND LIGHT FELONIESART. 10: OFFENSES NOT SUBJECT TO THEPROVISIONS OF THIS CODEQuickTime and aTIFF (Uncompressed) decompressorare needed to see this picture.Criminal Law Summer ReviewerATENEO CENTRAL BAR OPERATIONS 2007Page 6 of 174

Chapter TwoJUSTIFYING CIRCUMSTANCESAND CIRCUMSTANCES, WHICH EXEMPTFROM CRIMINAL LIABILITYART. 11. JUSTIFYING CIRCUMSTANCES

JUSTIFYING CIRCUMSTANCES where the act ofa person is in accordance with law such that saidperson is deemed not to have violated the law.General Rule: No criminal and civil liability incurred.Exception:There is civil liability with respect topar. 4 where the liability is borne by personsbenefited by the act.Elements:1. Unlawful Aggression

indispensable requirementThere must be actual physical assault or

aggression or an immediate andimminent threat, which must be offensiveand positively strong.

The defense must have been madeduring the existence of aggression,otherwise, it is no longer justifying.

While generally an agreement to fightdoes not constitute unlawful aggression,violation of the terms of the agreement tofight is considered an exception.2. Reasonable necessity of the meansemployed to prevent or repel it


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Test of reasonableness depends on:(1) weapon used by aggressor(2) physical condition, character, sizeand other circumstances ofaggressor(3) physical condition, character, sizeand circumstances of persondefending himself

(4) place and occasion of assault3. Lack of sufficient provocation on the partof the person defending himselfNOTE: Perfect equality between the weapons used,nor material commensurability between the means ofattack and defense by the one defending himself andthat of the aggressor is not requiredREASON: the person assaulted does not havesufficient opportunity or time to think and calculate.Rights included in self-defense:1. defense of person2. defense of rights protected by law3. defense of property (only if there is also anactual and imminent danger on the person ofthe one defending)4. defense of chastityKinds of Self-Defense:1. self-defense of chastity there must be anattempt to rape the victim2. defense of property must be coupled withan attack on the person of the owner, or onone entrusted with the care of such property.3. self-defense in libel justified when thelibel is aimed at a persons good name.Stand ground when in the right - the law doesnot require a person to retreat when his assailant israpidly advancing upon him with a deadly weapon.NOTE: Under Republic Act 9262 (Anti-ViolenceAgainst Women and Their Children Act of 2004),victim-survivors who are found by the Courts to besuffering from Battered Woman Syndrome (BWS) donot incur any criminal or civil liability despite absenceof the necessary elements for the justifying

circumstance of self-defense in the RPC. BWS is ascientifically defined pattern of psychological andbehavioral symptoms found in women living inbattering relationships as a result of cumulativeabuse.Elements:1. unlawful aggression (indispensablerequirement)Par. 1 Self-defense People v. Narvaez, (GR No. L-33466-67,

April 20, 1983)Attack on property alone was deemedsufficient to comply with element ofunlawful aggressionPar. 2 Defense of RelativeQuickTime and aTIFF (Uncompressed) decompressor

are needed to see this picture.Criminal Law Summer ReviewerATENEO CENTRAL BAR OPERATIONS 2007Page 7 of 1742. reasonable necessity of the means employedto prevent or repel it3. In case the provocation was given by theperson attacked, the one making the defensehad no part in such provocation.Relative entitled to the defense:1. spouse2. ascendants


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3. descendants4. legitimate, natural or adopted brothers andsisters, or relatives by affinity in the samedegrees5. relatives by consanguinity within the 4th civildegreeNOTE:The relative defended may be the originalaggressor. All that is required to justify the act of the

relative defending is that he takes no part in suchprovocation.Elements:1. unlawful aggression (indispensablerequirement)2. reasonable necessity of the means employedto prevent or repel it3. person defending be not induced by revenge,resentment or other evil motiveElements:1. evil sought to be avoided actually exists2. injury feared be greater than that done toavoid it3. no other practical and less harmful means ofpreventing itNOTE:The necessity must not be due to thenegligence or violation of any law by the actor.Elements:1. accused acted in the performance of duty orin the lawful exercise of a right or office2. the injury caused or offense committed bethe necessary consequence of the dueperformance of the duty, or the lawfulexercise of such right or office.NOTE:The accused must prove that he was dulyappointed to the position claimed he was dischargingat the time of the commission of the offense. It mustalso be shown that the offense committed was thenecessary consequence of such fulfillment of duty, orlawful exercise of a right or office.Elements:1. an order has been issued2. order has a lawful purpose (not patently

illegal)3. means used by subordinate to carry out saidorder is lawfulNOTE:The superior officer giving the order cannotinvoke this justifying circumstance. Good faith ismaterial, as the subordinate is not liable for carryingout an illegal order if he is not aware of its illegalityand he is not negligent.General Rule: Subordinate cannot invoke thiscircumstance when order is patently illegal.Exception: When there is compulsion of anirresistible force, or under impulse ofuncontrollable fear.EXEMPTING CIRCUMSTANCES grounds forexemption from punishment because there is wantingin the agent of the crime any of the conditions which

make the act voluntary or negligent.Basis:The exemption from punishment is based onthe complete absence of intelligence, freedom ofaction, or intent, or on the absence of negligence onthe part of the accused.Burden of proof: Any of the circumstances is amatter of defense and must be proved by thedefendant to the satisfaction of the court.

Justifying ExemptingWho/whatisaffected?


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Act ActorNature ofactact is consideredlegalact is wrongful butactor not liableExistence None Yes, but since

Par. 6 Obedience to a Superior OrderPar. 3 Defense of StrangerPar. 4 State of Necessity (Avoidance of GreaterEvil or Injury)Par. 5 Fulfillment of Duty or Lawful Exercise ofa Right or OfficeART. 12: CIRCUMSTANCES, WHICH EXEMPTFROM CRIMINAL LIABILITYQuickTime and aTIFF (Uncompressed) decompressorare needed to see this picture.Criminal Law Summer ReviewerATENEO CENTRAL BAR OPERATIONS 2007Page 8 of 174of a crime voluntariness is absentthe actor is not liableLiability No criminal and civilliability BUT there iscivil liability as toArt.11(4) (state ofnecessity)No criminal liability butthere is civil liabilityEXCEPT as to Art.12(4) (injury by mereaccident) and (7)(lawful cause)IMBECILE one while advanced in age has a mentaldevelopment comparable to that of children between2 and 7 years old. He is exempt in all cases fromcriminal liability.INSANE one who acts with complete deprivation ofintelligence/reason or without the least discernment

or with total deprivation of freedom of will. Mereabnormality of the mental faculties will not excludeimputability.General Rule: Exempt from criminal liabilityException:The act was done during a lucidinterval.NOTE: Defense must prove that the accused wasinsane at the time of the commission of the crimebecause the presumption is always in favor of sanity.Requisite: Offender is under 9 years of age at thetime of the commission of the crime. There isabsolute criminal irresponsibility in the case of aminor under 9 years of age.NOTE: Under R.A. 9344 or theJuvenile Justice AndWelfare Acta minor 15 years and below is exemptfrom criminal liability

NOTE: Such minor must have acted withoutdiscernment to be exempt. If with discernment, he iscriminally liable.Presumption:The minor committed the crimewithout discernment.DISCERNMENT mental capacity to fully appreciatethe consequences of the unlawful act, which is shownby the:1. manner the crime was committed2. conduct of the offender after its commissionNOTE: Under R.A. 9344 a minor over 15 but butbelow 18 who acted without discernment is


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exempt from criminal liabilityElements:1. A person is performing a lawful act2. with due care3. He causes injury to another by mere accident4. Without fault or intention of causing it.IRRESISTIBLE FORCE offender uses violence orphysical force to compel another person to commit a

crime.Elements:1. The compulsion is by means of physicalforce.2. The physical force must be irresistible.3. The physical force must come from a thirdperson.NOTE: Force must be irresistible so as to reduce theindividual to a mere instrument.UNCONTROLLABLE FEAR offender employsintimidation or threat in compelling another to commita crime.DURESS use of violence or physical forceElements:1. The threat which causes the fear is of an evilgreater than, or at least equal to, that whichhe is required to commit.2. It promises an evil of such gravity andimminence that an ordinary man would havesuccumbed to it.NOTE: Duress to be a valid defense should be basedon real, imminent or reasonable fear for ones life orlimb. It should not be inspired by speculative, fancifulor remote fear. A threat of future injury is not enough.Par. 4 Accident without fault or intention ofcausing itPar. 5 Irresistible ForcePar. 6 Uncontrollable FearPar. 3 Person Over 9 and Under 15 ActingWithout DiscernmentPar. 1 Imbecility or InsanityPar. 2 Under Nine Years of AgeQuickTime and a

TIFF (Uncompressed) decompressorare needed to see this picture.Criminal Law Summer ReviewerATENEO CENTRAL BAR OPERATIONS 2007Page 9 of 174ACTUS ME INVITO FACTUS NON EST MEUSACTUS Any act done by me against my will is notmy act.PAR 7. Insuperable CauseINSUPERABLE CAUSE some motive, which haslawfully, morally or physically prevented a person todo what the law commandsElements:1. An act is required by law to be done.2. A person fails to perform such act.3. His failure to perform such act was due to

some lawful or insuperable cause.Ex:1. A priest cant be compelled to reveal whatwas confessed to him.2. No available transportation officer not liablefor arbitrary detention3. Mother who was overcome by severedizziness and extreme debility, leaving childto die not liable for infanticide (People v.Bandian, 63 Phil 530)ABSOLUTORY CAUSES where the act committedis a crime but for some reason of public policy and


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sentiment, there is no penalty imposed. Exemptingand justifying circumstances are absolutory causes.Examples of such other circumstances are:1. spontaneous desistance (Art. 6)2. accessories exempt from criminal liability(Art. 20)3. Death or physical injuries inflicted underexceptional circumstances (Art. 247)

4. persons exempt from criminal liability fromtheft, swindling, malicious mischief (Art 332)5. instigationNOTE: Entrapment is NOT an absolutory cause. Abuy-bust operation conducted in connection withillegal drug-related offenses is a form of entrapment.Entrapment InstigationThe ways and meansare resorted to for thepurpose of trappingand capturing thelawbreaker in theexecution of hiscriminal plan.Instigator practically induces thewould-be accused into thecommission of the offense andhimself becomes a co-principalNOT a bar toaccuseds prosecutionand convictionAccused will be acquittedNOT an absolutorycauseAbsolutory causePrivileged Mitigating Ordinary MitigatingOffset by anyaggravatingcircumstanceCannot be offset Can be offset by ageneric aggravatingcircumstanceEffect on

penaltyEffect of imposing thepenalty by 1 or 2degrees lower thanthat provided by lawIf not offset, has theeffect of imposing theminimum period ofthe penaltyKinds(Sources)Minority, IncompleteSelf-defense, two ormore mitigatingcircumstance withoutany aggravating

circumstance (has theeffect of lowering thepenalty by onedegree). Art. 64, 68and 69Thosecircumstancesenumerated inparagraph 1 to 10 ofArticle 13Age Criminal Responsibility/ Effect 15years Absolute irresponsibility, exempting


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circumstance* as amended by RA 934415 < and 70 Mitigated responsibility, no imposition ofdeath penalty, execution of deathsentence may be suspended andcommutedMITIGATING CIRCUMSTANCES those which ifpresent in the commission of the crime reduces thepenalty of the crime but does not erase criminalliability nor change the nature of the crimeNOTE: A mitigating circumstance arising from asingle fact absorbs all the other mitigatingcircumstances arising from that same fact.NOTE:This applies when not all the requisites arepresent.If two requisites are present, it is considered aprivileged mitigating circumstance. However, inreference to Art.11(4) if any of the last two requisitesis absent, there is only an ordinary mitigatingcircumstance. Remember though, that in selfdefense,

defense of relative or stranger, unlawfulaggression must always be present as it is anindispensable requirement.NOTE: Age of accused is determined by his age atthe date of commission of crime, not date of trial.NOTE: Can be used only when the proven factsshow that there is a notable and evident disproportionbetween the means employed to execute the criminalact and its consequences.Factors that can be considered are:1. weapon used2. injury inflicted3. part of the body injured4. mindset of offender at the time of commissionof crimeThis provision addresses the intention of the offender

at the particular moment when the offender executesor commits the criminal act, not to his intention duringthe planning stageNOTE: In crimes against persons if victim does notdie, the absence of the intent to kill reduces thefelony to mere physical injuries. It is not consideredas mitigating. It is mitigating only when the victimdies.NOTE: It is not applicable to felonies by negligencebecause in felonies through negligence, the offenderacts without intent. The intent in intentional felonies isreplaced by negligence or imprudence. There is no


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intent on the part of the offender, which may beconsidered as diminishedProvocation any unjust or improper conduct or actof the offended party, capable of exciting, inciting orirritating anyone.Requisites:1. provocation must be sufficient2. it must originate from the offended party

3. must be immediate to the commission of thecrime by the person who is provokedNOTE:Threat should not be offensive and positivelystrong. Otherwise, it would be an unlawfulaggression, which may give rise to self-defense andthus no longer a mitigating circumstance.Provocation VindicationMade directly only to theperson committing thefelonyGrave offense may be alsoagainst the offendersrelatives mentioned by lawCause that broughtabout the provocationneed not be a graveoffenseOffended party must havedone a grave offense to theoffender or his relativesNecessary thatprovocation or threatimmediately precededthe act. No time intervalMay be proximate. Timeinterval allowedPar. 1 Incomplete Justifying or ExemptingCircumstancesPar. 2 Under 18 or Over 70 Years OldPar. 3 No Intention to Commit so Grave aWrongART. 13: MITIGATING CIRCUMSTANCESQuickTime and a

TIFF (Uncompressed) decompressorare needed to see this picture.Criminal Law Summer ReviewerATENEO CENTRAL BAR OPERATIONS 2007Page 11 of 174Requisites:1. a grave offense done to the one committingthe felony, his spouse, ascendants,descendants, legitimate, natural or adoptedbrothers or sisters or relatives by affinitywithin the same degrees2. the felony is committed in immediatevindication of such grave offenseNOTE: Immediate allows for a lapse of time, aslong as the offender is still suffering from the mentalagony brought about by the offense to him.

(proximate time, not just immediately after)Requisites:1. offender acted upon an impulse2. the impulse must be so powerful that itnaturally produced passion or obfuscation inhimNOTE: Act must have been committed not in thespirit of lawlessness or revenge; act must come fromlawful sentiments.Act, Which Gave Rise To Passion AndObfuscation:1. That there be an act, both unlawful and


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unjust2. The act be sufficient to produce a conditionof mind3. That the act was proximate to the criminalact, not admitting of time during which theperpetrator might recover his normalequanimity4. The victim must be the one who caused the

passion or obfuscationNOTE: Passion and obfuscation cannot co-exist withtreachery since this means that the offender had timeto ponder his course of action.PASSION & OBFUSCATION IRRESISTIBLEFORCEMitigating ExemptingNo physical force needed Requires physicalforceFrom the offender himself Must come from a3rd personMust come from lawful sentiments UnlawfulPASSION & OBFUSCATION PROVOCATIONProduced by an impulse whichmay be caused by provocationComes from injuredpartyOffense which engendersperturbation of mind need not beimmediate. It is only required thatthe influence thereof lasts untilthe crime is committedImmediately precedethe commission of thecrimeEffect is loss of reason and selfcontrolon the part of the offenderSameVOLUNTARYSURRENDERVOLUNTARYPLEA OF GUILTRequisites: 1. offender not

actually arrested2. offendersurrendered toperson inauthority3. surrender wasvoluntary1. offenderspontaneouslyconfessed hisguilt2. confession wasmade in opencourt, that is,before thecompetent court

that is to try thecase3. confession of guiltwas made prior tothe presentationof the evidencefor theprosecutionWHEN SURRENDER VOLUNTARY- must be spontaneous, showing the intent of theaccused to submit himself unconditionally to theauthorities, either because:


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1. he acknowledges his guilt; or2. he wishes to save them the trouble andexpense necessarily incurred in his searchand capture.NOTE: If both are present, considered as twoindependent mitigating circumstances. Furthermitigates penalty.Par. 5 Vindication of Grave Offense

Par. 6 Passion or ObfuscationPar. 7 Surrender and Confession of GuiltQuickTime and aTIFF (Uncompressed) decompressorare needed to see this picture.Criminal Law Summer ReviewerATENEO CENTRAL BAR OPERATIONS 2007Page 12 of 174NOTES:

plea made after arraignment and after trialhas begun does not entitle accused to themitigating circumstance

If accused pleaded not guilty, even if duringarraignment, he is entitled to mitigatingcircumstance as long as he withdraws hisplea of not guilty to the charge before thefiscal could present his evidence.

Plea to a lesser charge is not a MitigatingCircumstance because to be such, the pleaof guilt must be to the offense charged.

Plea to the offense charged in the amendedinfo, lesser than that charged in the originalinfo, is Mitigating Circumstance.The offender is deaf and dumb, blind or otherwisesuffering from some physical defect, restricting hismeans of action, defense or communication withothers.NOTE:The physical defect must relate to the offensecommitted.Requisites:1. The illness of the offender must diminish theexercise of his will-power.2. Such illness should not deprive the offender

of consciousness of his acts.Examples Not examplesdefendant who is 60 years oldwith failing eyesight is similar to acase of one over 70 yrs oldkilling the wrongpersonoutraged feeling of owner ofanimal taken for ransom isanalogous to vindication of graveoffensenot resisting arrest isnot the same asvoluntary surrenderimpulse of jealous feeling, similarto passion and obfuscation

running amuck is notmitigatingvoluntary restitution of property,similar to voluntary surrenderextreme poverty, similar toincomplete justification based onstate of necessityCHAPTER FOURCIRCUMSTANCES WHICH AGGRAVATECRIMINAL LIABILITYAGGRAVATING CIRCUMSTANCES Those which,if attendant in the commission of the crime, serve to


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have the penalty imposed in its maximum periodprovided by law for the offense or those that changethe nature of the crime.BASIS:The greater perversity of the offendermanifested in the commission of the felony as shownby:1. the motivating power itself,2. the place of the commission,

3. the means and ways employed4. the time, or5. the personal circumstances of the offender,or the offended party.KINDS OF AGGRAVATING CIRCUMSTANCES:1. Generic - those which apply to all crimes2. Specific - those which apply only to specificcrimes,3. Qualifying - those that change the nature ofthe crime4. Inherent - which of necessity accompanythe commission of the crime, therefore notconsidered in increasing the penalty to beimposed5. Special - those which arise under specialconditions to increase the penalty of theoffense and cannot be offset by mitigatingcircumstancesGENERICAGGRAVATINGCIRCUMSTANCEQUALIFYINGAGGRAVATINGCIRCUMSTANCEEFFECT : When not setoff by any mitigatingcircumstance,Increases the penaltywhich should beimposed upon theaccused to theEFFECT: Gives thecrime its proper and

exclusive name andplaces the author ofthe crime in such asituation as todeserve no otherPar. 8 Physical Defect of OffenderPar. 9 Illness of the OffenderPar. 10 Similar and Analogous CircumstancesQuickTime and aTIFF (Uncompressed) decompressorare needed to see this picture.Criminal Law Summer ReviewerATENEO CENTRAL BAR OPERATIONS 2007Page 13 of 174maximum period butwithout exceeding the

limit prescribed by lawpenalty than thatspecially prescribedby law for saidcrimes (People v.Bayot, 64Phil269,273)If not alleged in theinformation, aqualifying aggravatingcircumstance will beconsidered generic


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To be consideredas such, MUST bealleged in theinformationMay be offset by amitigating circumstance.Cannot be offset by amitigating

circumstanceRULES ON AGGRAVATING CIRCUMSTANCES:1. Aggravating circumstances shall NOT beappreciated if:a) They constitute a crime speciallypunishable by law, orb) It is included by the law in defining a crimewith a penalty prescribed, and thereforeshall not be taken into account for thepurpose of increasing the penalty.Ex: That the crime be committed by means offire,explosion (Art. 14, par. 12) is in itself acrime of arson (Art. 321) or a crime involvingdestruction (Art. 324). It is not to be considered toincrease the penalty for the crime of arson or forthe crime involving destruction.2.The same rule shall apply with respect to anyaggravating circumstance inherent in the crime tosuch a degree that it must of necessityaccompany the commission thereof(Art.62, par.2)3. Aggravating circumstances which arise:a) From the moral attributes of the offender;b) From his private relations with the offendedparty; orc) From any personal cause,shall only serve to aggravate the liability of theprincipals, accomplices and accessories as towhom such circumstances are attendant. (Art.62, par. 3)4. The circumstances which consist :a) In the material execution of the act, orb) In the means employed to accomplish it,shall serve to aggravate the liability of only those

persons who had knowledge of them at the timeof the execution of the act or their cooperationtherein. Except when there is proof of conspiracyin which case the act of one is deemed to be theact of all, regardless of lack of knowledge of thefacts constituting the circumstance. (Art. 62, par.4)5. Aggravating circumstances, regardless of itskind, should be specifically alleged in theinformation AND proved as fully as the crimeitself in order to increase the penalty. (Sec. 9,Rule 110, 2000 Rules of Criminal Procedure)6. When there is more than one qualifyingaggravating circumstance present, one of themwill be appreciated as qualifying aggravatingwhile the others will be considered as generic

aggravating.ART. 14: AGGRAVATING CIRCUMSTANCESPar. 1. That advantage be taken by the offender ofhis public positionRequisites:1. Offender is public officer2. Public officer must use the influence,prestige, or ascendancy which his officegives him as means to realize criminalpurpose

It is not considered as an aggravatingcircumstance where taking advantage of official


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position is made by law an integral elementof thecrime or inherentin the offense,Ex: malversation (Art. 217), falsification of adocument committed by public officers (Art.171).

When the public officer did not take advantage ofthe influence of his position, this aggravatingcircumstance is not present

NOTE : Taking advantage of a public position isalso inherent in the case of accessories underArt. 19, par. 3 (harboring, concealing, or assistingin the escape of the principal of the crime), and incrimes committed by public officers (Arts. 204-245).Par. 2. That the crime be committed in contemptof or with insult to public authoritiesRequisites:1. That the public authority is engaged in theexercise of his functions.2. That he who is thus engaged in the exerciseof said functions is not the person againstwhom the crime is committed.QuickTime and aTIFF (Uncompressed) decompressorare needed to see this picture.Criminal Law Summer ReviewerATENEO CENTRAL BAR OPERATIONS 2007Page 14 of 1743. The offender knows him to be a publicauthority.4. His presence has not prevented the offenderfrom committing the criminal act.PERSON IN AUTHORITY public authority, orperson who is directly vested with jurisdiction and hasthe power to govern and execute the lawsEx:1. Governor2. Mayor3. Barangay captain/ chairman4. Councilors5. Government agents

6. Chief of PoliceNOTE: A teacher or professor of a public orrecognized private school is not a public authoritywithin the contemplation of this paragraph. While heis a person in authority under Art. 152, that status isonly for purposes of Art. 148 (direct assault) and Art.152 (resistance and disobedience).

The crime should not be committed against thepublic authority (otherwise it will constitute directassault under Art.148)

This is NOT applicable when committed in thepresence of a mere agent.AGENT subordinate public officer charged w/ themaintenance of public order and protection andsecurity of life and propertyEx: barrio vice lieutenant, barrio councilman

Par. 3. That the act be committed:(1) with insult or in disregard of the respectdue the offended party on account of his(a)rank, (b) age, or (c) sex or(2) that it be committed in the dwelling of theoffended party, if the latter has not givenprovocationRules regarding par 3(1):1. These circumstances shall only beconsidered as one aggravating circumstance.2. Rank, age, sex may be taken into accountonly in crimes against persons or honor, they


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cannot be invoked in crimes against property.3. It must be shown that in the commission ofthe crime the offender deliberately intendedto offend or insult the sex, age and rank ofthe offended party.RANK The designation or title of distinction used tofix the relative position of the offended party inreference to others (There must be a difference in the

social condition of the offender and the offendedparty).AGE may refer to old age or the tender age of thevictim.SEX refers to the female sex, not to the male sex.The AC of disregard of rank, age, or sex is notapplicable in the following cases:1. When the offender acted with passion andobfuscation.2. When there exists a relationship between theoffended party and the offender.3. When the condition of being a woman isindispensable in the commission of thecrime.(Ex: in parricide, abduction, seductionand rape)People vs. Lapaz, March 31, 1989Disregard of sex and age are not absorbed intreachery because treachery refers to the manner ofthe commission of the crime, while disregard of sexand age pertains to the relationship of the victim.DWELLING must be a building or structureexclusively used for rest and comfort (combination ofhouse and store not included), may be temporary asin the case of guests in a house or bedspacers. Itincludes dependencies, the foot of the staircase andthe enclosure under the houseNOTES:

The aggravating circumstance of dwellingrequires that the crime be wholly or partlycommitted therein or in any integral part thereof.

Dwelling does not mean the permanentresidence or domicile of the offended party or

that he must be the owner thereof. He must,however, be actually living or dwelling thereineven for a temporary duration or purpose.

It is not necessary that the accused should haveactually entered the dwelling of the victim tocommit the offense; it is enough that the victimwas attacked inside his own house, although theassailant may have devised means to perpetratethe assault from without.What aggravates the commission of the crime inones dwelling:1. The abuse of confidence which the offendedparty reposed in the offender by opening thedoor to him; orQuickTime and aTIFF (Uncompressed) decompressor

are needed to see this picture.Criminal Law Summer ReviewerATENEO CENTRAL BAR OPERATIONS 2007Page 15 of 1742. The violation of the sanctity of the home bytrespassing therein with violence or againstthe will of the owner.Meaning of provocation in the aggravatingcircumstance of dwelling:The provocation must be:1. Given by the owner of the dwelling,2. Sufficient, and


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3. Immediate to the commission of the crime.NOTE: If all these conditions are present, theoffended party is deemed to have given theprovocation, and the fact that the crime is committedin the dwelling of the offended party is NOT anaggravating circumstance.REASON: When it is the offended party who hasprovoked the incident, he loses his right to the

respect and consideration due him in his ownhouse.Dwelling is not aggravating in the followingcases:1. When both the offender and the offendedparty are occupants of the same house, andthis is true even if offender is a servant in thehouse.exception: In case of adultery in theconjugal dwelling, the same isaggravating. However, if the paramouralso dwells in the conjugal dwelling, theapplicable aggravating circumstance isabuse of confidence.2. When robbery is committed by the use offorce upon things, dwelling is not aggravatingbecause it is inherent.

However, dwelling is aggravating inrobbery with violence against orintimidation of persons because this classof robbery can be committed without thenecessity of trespassing the sanctity of theoffended partys house.3. In the crime of trespass to dwelling, it isinherent or included by law in defining thecrime.4. When the owner of the dwelling gavesufficient and immediate provocation.

There must exist a close relation betweenthe provocation made by the victim and thecommission of the crime by the accused.5. The victim is not a dweller of the house.Par. 4. That the act be committed with:

(1) abuse of confidence or(2) obvious ungratefulness

There are two aggravating circumstances presentunder par.4 which must be independentlyappreciated if present in the same case

While one may be related to the other in the factualsituation in the case, they cannot be lumpedtogether. Abuse of confidence requires a specialconfidential relationship between the offender andthe victim, while this is not required for there to beobvious ungratefulnessRequisites Of Abuse Of Confidence:1. That the offended party had trusted theoffender.2. That the offender abused such trust bycommitting a crime against the offended

party.3. That the abuse of confidence facilitated thecommission of the crime.NOTE: Abuse of confidence is inherent inmalversation (Art. 217), qualified theft (Art. 310),estafa by conversion or misappropriation (Art. 315),and qualified seduction (Art. 337).Requisites of obvious ungratefulness:1. That the offended party had trusted theoffender;2. That the offender abused such trust bycommitting a crime against the offended


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party.3. That the act be committed with obviousungratefulness.NOTE:The ungratefulness contemplated by par. 4must be such clear and manifest ingratitude on thepart of the accused.Par. 5. That the crime be committed in the palaceof the Chief Executive, or in his presence, or

where public authorities are engaged in thedischarge of their duties, or in a placededicated to religious worship.

Actual performance of duties is not necessarywhen crime is committed in the palace or in thepresence of the Chief ExecutiveRequisites Regarding Public Authorities:1. crime occurred in the public officeQuickTime and aTIFF (Uncompressed) decompressorare needed to see this picture.Criminal Law Summer ReviewerATENEO CENTRAL BAR OPERATIONS 2007Page 16 of 1742. public authorities are actually performingtheir public dutiesPAR. 5. Where publicauthorities are engagedin the discharge of theirdutiesPAR. 2. Contempt orinsult to publicauthoritiesFOR BOTH, Public authorities are in the performanceof their dutiesPlace where public duty is performedIn their office. Outside of their office.The offended partyMay or may not be thepublic authorityPublic authority shouldnot be the offendedparty

Requisites (Place Dedicated To ReligiousWorship):1. The crime occurred in a place dedicated tothe worship of God regardless of religion2. The offender must have decided to committhe crime when he entered the place ofworship

Except for the third which requires that officialfunctions are being performed at the time of thecommission of the crime, the other placesmentioned are aggravatingper se even if noofficial duties or acts of religious worship arebeing conducted there.

Cemeteries, however respectable they may be,are not considered as place dedicated to theworship of God.

Par. 6. That the crime be committed(1) in the nighttime, or(2) in an uninhabited place, or(3) by a band,whenever such circumstance may facilitatethe commission of the offenseNOTE: When present in the same case and theirelement are distinctly palpable and can subsistindependently, they shall be considered separately.When nighttime, uninhabited place or bandaggravating:1. When it facilitatedthe commission of the


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crime; or2. When especially soughtfor by the offender toinsure the commission of the crime or for thepurpose of impunity; or3. When the offender took advantage thereoffor the purpose of impunityNIGHTTIME (obscuridad) that period of darknessbeginning at the end of dusk and ending at dawn.

Commission of the crime must begin and be

accomplished in the nighttime. When theplace of the crime is illuminated by light,nighttime is not aggravating. It is notconsidered aggravating when the crimebegan at daytime.

Nighttime is not especially sought for whenthe notion to commit the crime wasconceived of shortly before commission orwhen crime was committed at night upon acasual encounter

However, nighttime need not be specificallysought for when (1) it facilitated thecommission of the offense, or (2) theoffender took advantage of the same tocommit the crime

A bare statement that crime was committedat night is insufficient. The information mustallege that nighttime was sought for or takenadvantage of, or that it facilitated the crimeGENERAL RULE: Nighttime is absorbed intreachery.EXCEPTION: Where both the treacherous modeof attack and nocturnity were deliberately decidedupon in the same case, they can be consideredseparately if such circumstances have differentfactual bases. Thus:

In People vs. Berdida, et. al. (June 30,1966), nighttime was considered since it waspurposely sought, and treachery was furtherappreciated because the victims hands andarms were tied together before he wasbeaten up by the accused.

In People vs. Ong, et. al. (Jan. 30, 1975),there was treachery as the victim wasstabbed while lying face up and defenseless,and nighttime was considered upon proofthat it facilitated the commission of theoffense and was taken advantage of by theaccused.UNINHABITED PLACE (despoblado) one wherethere are no houses at all, a place at a considerabledistance from town, where the houses are scatteredat a great distance from each other

Solitude must be sought to better attain thecriminal purpose

What should be considered here is whether in theplace of the commission of the offense, there wasa reasonable possibility of the victim receiving

some help.QuickTime and aTIFF (Uncompressed) decompressorare needed to see this picture.Criminal Law Summer ReviewerATENEO CENTRAL BAR OPERATIONS 2007Page 17 of 174BAND (en cuadrilla) whenever there are morethan 3 armed malefactors that shall have actedtogether in the commission of an offenseNOTE:There must be four or more armed men

If one of the four-armed malefactors is a principal


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by inducement, they do not form a band becauseit is undoubtedly connoted that he had no directparticipation.

By a band is aggravating in crimes againstproperty or against persons or in the crime ofillegal detention or treason but does not apply tocrimes against chastity

By a band is inherent in brigandage

This aggravating circumstance is absorbed in the

circumstance of abuse of superior strengthPar. 7. That the crime be committed on theoccasion of a conflagration, shipwreck,earthquake, epidemic or other calamity ormisfortune.Requisites:1. The crime was committed when there was acalamity or misfortune2. The offender took advantage of the state ofconfusion or chaotic condition from suchmisfortune

If the offended was PROVOKED by the offendedparty during the calamity/misfortune, thisaggravating circumstance may not be taken intoconsideration.Par. 8.That the crime be committed with the aid of(1) armed men or(2) persons who insure or afford impunityRequisites:1. That armed men or persons took part in thecommission of the crime, directly orindirectly.2. That the accused availedhimself of their aidor reliedupon them when the crime wascommitted.NOTE:This aggravating circumstance requires thatthe armed men are accomplices who take part in aminor capacity directly or indirectly, and not whenthey were merely present at the crime scene. Neithershould they constitute a band, for then the properaggravating circumstance would be cuadrilla.When This Aggravating Circumstance Shall Not

Be Considered:1. When both the attacking party and the partyattacked were equally armed.2. When the accused as well as those whocooperated with him in the commission of thecrime acted under the same plan and for thesame purpose.3. When the others were only casually presentand the offender did not avail himself of anyof their aid or when he did not knowinglycount upon their assistance in thecommission of the crimePar. 6 By a band Par. 8. With the aid ofarmed menAs to their numberRequires more than three

armed malefactors (i.e.,at least four)At least twoAs to their actionRequires that more thanthree armed malefactorsshall have acted togetherin the commission of anoffense.This circumstance ispresent even if one of theoffenders merely relied on


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their aid, for actual aid isnot necessary.

If there are four armed men, aid of armed men isabsorbed in employment of a band. If there arethree armed men or less, aid of armed men maybe the aggravating circumstance.

Aid of armed men includes armed women.Par. 9. That the accused is a recidivist

RECIDIVIST one who at the time of his trial for onecrime, shall have been previously convicted by finaljudgment of another crime embraced in the same titleof the RPC.Requisites:1. That the offender is on trial for an offense;2. That he waspreviously convictedby finaljudgmentof another crime;3. That both the first and the second offensesare embraced in the same title of the Code;4. That the offender is convicted of the newoffense.MEANING OF at the time of his trial for onecrime.It is employed in its general sense, including therendering of the judgment. It is meant to includeeverything that is done in the course of the trial, fromQuickTime and aTIFF (Uncompressed) decompressorare needed to see this picture.Criminal Law Summer ReviewerATENEO CENTRAL BAR OPERATIONS 2007Page 18 of 174arraignment until after sentence is announced by thejudge in open court.

What is controlling is the TIME OF THE TRIAL,not the time of the commission of the offense.GENERAL RULE:To prove recidivism, it isnecessary to allege the same in the information andto attach thereto certified copy of the sentencesrendered against the accused.Exception: If the accused does not object andwhen he admits in his confession and on the

witness stand.Recidivism must be taken into account no matter

how many years have intervened between thefirst and second felonies.

Amnesty extinguishes the penalty and its effects.However, pardon does not obliterate the fact thatthe accused was a recidivist. Thus, even if theaccused was granted a pardon for the firstoffense but he commits another felony embracedin the same title of the Code, the first convictionis still counted to make him a recidivist

Being an ordinary aggravating circumstance,recidivism affects only the periods of a penalty,except in prostitution and vagrancy (Art. 202) andgambling (PD 1602) wherein recidivism increasesthe penalties by degrees. No other generic

aggravating circumstance produces this effectIn recidivism it is sufficient that the succeedingoffense be committed after the commission of thepreceding offense provided that at the time of histrial for the second offense, the accused hadalready been convicted of the first offense.

If both offenses were committed on the samedate, they shall be considered as only one,hence, they cannot be separately counted inorder to constitute recidivism. Also, judgments ofconvicted handed down on the same day shall beconsidered as only one conviction.


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REASON: Because the Code requires that to beconsidered as separate convictions, at the time ofhis trial for one crime the accused shall havebeen previously convicted by final judgment ofthe other.Par. 10. That the offender has been previouslypunished for an offense to which the lawattaches an equal or greater penalty or for

two or more crimes to which it attaches alighter penalty.Requisites OfReiteracion Or Habituality:1. That the accused is on trial for an offense;2. That he previously served sentence foranother offense to which the law attaches ana) Equal orb) Greater penalty, orc) For two or more crimes to which itattaches a lighter penalty than thatfor the new offense; and3. That he is convicted of the new offenseHABITUALITY RECIDIVISMAs to the first offenseIt is necessary that theoffender shall haveserved out hissentence for the firstoffenseIt is enough that afinal judgmenthasbeen rendered in thefirst offense.As to the kind of offenses involvedThe previous andsubsequent offensesmust notbe embraced in the sametitle of the Code.Requires that theoffenses be includedin the same title of theCode.

THE FOUR FORMS OF REPETITION ARE:1. Recidivism (par. 9, Art. 14) Where a person,on separate occasions, is convicted of two offensesembraced in the same title in the RPC. This is ageneric aggravating circumstance.2. Reiteracion or Habituality (par. 10, Art. 14) Where the offender has been previously punished foran offense to which the law attaches an equal orgreater penalty or for two crimes to which it attachesa lighter penalty. This is a generic aggravatingcircumstance.3. Multi-recidivism or Habitual delinquency (Art.62, par, 5) Where a person within a period of tenyears from the date of his release or last conviction ofthe crimes of serious or less serious physical injuries,robbery, theft, estafa or falsification, is found guilty of

the said crimes a third time or oftener. This is anextraordinary aggravating circumstance.4. Quasi-recidivism (Art. 160) Where a personcommits felony before beginning to serve or whileserving sentence on a previous conviction for afelony. This is a special aggravating circumstance.

Since reiteracion provides that the accused hasduly served the sentence for his previousconviction/s, or is legally considered to haveQuickTime and aTIFF (Uncompressed) decompressorare needed to see this picture.


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Criminal Law Summer ReviewerATENEO CENTRAL BAR OPERATIONS 2007Page 19 of 174done so, quasi-recidivism cannot at the sametime constitute reiteracion, hence thisaggravating circumstance cannot apply to aquasi-recidivist.

If the same set of facts constitutes recidivism and

reiteracion, the liability of the accused should beaggravated by recidivism which can easily beproven.Par. 11. That the crime be committed inconsideration of price, reward or promise.Requisites:1. There are at least 2 principals: The principal by inducement (one whooffers) The principal by direct participation(accepts)2. The price, reward, or promise should beprevious to and in consideration of thecommission of the criminal actNOTE: The circumstance is applicable to bothprincipals .It affects the person who received theprice / reward as well as the person who gave it.

If without previous promise it was givenvoluntarily after the crime had been committed asan expression of his appreciation for thesympathy and aid shown by the other accused, itshould not be taken into consideration for thepurpose of increasing the penalty.

The price, reward or promise need not consist ofor refer to material things or that the same wereactually delivered, it being sufficient that the offermade by the principal by inducement beaccepted by the principal by direct participationbefore the commission of the offense.

The inducement must be the primaryconsideration for the commission of the crime.Par. 12. That the crime be committed by means ofinundation, fire, poison, explosion, stranding

of a vessel or intentional damage thereto,derailment of a locomotive, or by use of anyartifice involving great waste and ruin

The circumstances under this paragraph will onlybe considered as aggravating if and when theyare used by the offender as a means toaccomplish a criminal purpose

When another aggravating circumstance alreadyqualifies the crime, any of these aggravatingcircumstances shall be considered as genericaggravating circumstance only

When used as a means to kill another person,the crime is qualified to murder.PAR. 12 by meansof inundation, fire,etc.

PAR. 7 on theoccasion of aconflagration,shipwreck, etc.The crime iscommitted by meansof any such actsinvolving great wasteor ruin.The crime is committedon the occasion of acalamity or misfortune.


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Par. 13. That the act be committed with evidentpremeditationRequisites:The prosecution must prove 1. The time when the offender determined tocommit the crime;2. An actmanifestly indicating that the culprithas clung to his determination; and

3. A sufficient lapse of time between thedetermination and execution, to allow him toreflect upon the consequences of his act andto allow his conscience to overcome theresolution of his will.Essence of premeditation:The execution of thecriminal act must be preceded by cool thought andreflection upon the resolution to carry out the criminalintent during the space of time sufficient to arrive at acalm judgment.

To establish evident premeditation, it must beshown that there was a period sufficient to affordfull opportunity for meditation and reflection, atime adequate to allow the conscience toovercome the resolution of the will, as well asoutward acts showing the intent to kill. It must beshown that the offender had sufficient time toreflect upon the consequences of his act but stillpersisted in his determination to commit thecrime. (PEOPLE vs. SILVA, et. al., GR No.140871, August 8, 2002)

_____Premeditation is absorbedby reward or promise.When the victim is different from that intended,

premeditation is not aggravating. However, if theQuickTime and aTIFF (Uncompressed) decompressorare needed to see this picture.Criminal Law Summer ReviewerATENEO CENTRAL BAR OPERATIONS 2007Page 20 of 174offender premeditated on the killing ofanyperson, it is proper to consider against theoffender the aggravating circumstance of

premeditation, because whoever is killed by himis contemplated in his premeditation.Par. 14. That (1) craft, (2) fraud, or (3) disguise beemployed.RequisiteThe offender must have actually used craft, fraud, ordisguise to facilitate the commission of the crime.CRAFT (astucia) involved the use of intellectualtrickery or cunning on the part of the accused.A chicanery resorted to by the accused to aid in theexecution of his criminal design. It is employed as ascheme in the execution of the crime.FRAUD (fraude) insidious words or machinationsused to induce the victim to act in a manner whichwould enable the offender to carry out his design.FRAUD CRAFT

Where there is a directinducementby insidiouswords or machinations,fraud is present.The act of theaccused done inorder not to arousethe suspicion of thevictim constitutescraft.

Craft and fraud may be absorbed in treachery ifthey have been deliberately adopted as the


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means, methods or forms for the treacherousstrategy, or they may co-exist independentlywhere they are adopted for a different purpose inthe commission of the crime.Ex:

In People vs. San Pedro (Jan. 22, 1980),where the accused pretended to hire thedriver in order to get his vehicle, it was held

that there was craft directed to the theft of thevehicle, separate from the meanssubsequently used to treacherously kill thedefenseless driver.

In People vs. Masilang (July 11, 1986) therewas also craft where after hitching a ride, theaccused requested the driver to take them toa place to visit somebody, when in fact theyhad already planned to kill the driver.

DISGUISE (disfraz) resorting to any device toconceal identity.

The test of disguise is whether the device orcontrivance resorted to by the offender wasintended to or did make identification moredifficult, such as the use of a mask or false hair orbeard.

The use of an assumed name in the publicationof a libel constitutes disguise.Par. 15. That (1) advantage be taken of superiorstrength, or (2) means be employed toweaken the defense.Par. 15 contemplates two aggravating circumstances,either of which qualifies a killing to murder.MEANING OF advantage be taken:To deliberately use excessive force that is out ofproportion to the means for self-defense available tothe person attacked. (PEOPLE vs. LOBRIGAS, et.al., GR No. 147649, December 17, 2002)No Advantage Of Superior Strength In TheFollowing:1. One who attacks another withpassion andobfuscation does not take advantage of hissuperior strength.

2. When a quarrel arose unexpectedlyand thefatal blow was struck at a time when theaggressor and his victim were engagedagainst each other as man to man.

TEST for abuse of superior strength: therelative strength of the offender and his victimand whether or not he took advantage of hisgreater strength.

When there are several offenders participating inthe crime, they must ALL be principals by directparticipation and their attack against the victimmust be concerted and intended to be so.

Abuse of superior strength is inherent in thecrime of parricide where the husband kills thewife. It is generally accepted that the husband isphysically stronger than the wife.

Abuse of superior strength is also present when

the offender uses a weapon which is out ofproportion to the defense available to theoffended party.QuickTime and aTIFF (Uncompressed) decompressorare needed to see this picture.Criminal Law Summer ReviewerATENEO CENTRAL BAR OPERATIONS 2007Page 21 of 174BY A BAND ABUSE OFSUPERIOR


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STRENGTHThe element ofband is appreciatedwhen the offense iscommitted by morethan three armedmalefactorsregardless of the

comparativestrength of thevictim or victims.The gravamen ofabuse of superiorityis the takingadvantage by theculprits of theircollective strength tooverpower theirrelatively weakervictim or victims.Hence, what is takeninto account here isnot the number ofaggressors nor thefact that they arearmed, but theirrelative physicalstrength vis-a vis theoffended party.NOTE: Abuse of superior strength absorbs cuadrilla(band).MEANING OF Means employed to weakendefense - the offender employs means thatmateriallyweaken the resisting power of the offendedparty.Ex:1. Where one, struggling with another, suddenlythrows a cloak over the head of his opponentand while in this situation he wounds or killshim.2. One who, while fighting with another,

suddenly casts sand or dirt upon the lattereyes and then wounds or kills him.3. When the offender, who had the intention tokill the victim, made the deceasedintoxicated, thereby materially weakening thelatters resisting power.NOTE:This circumstance is applicable only tocrimes against persons, and sometimes againstperson and property, such as robbery withphysical injuries or homicide.Par. 16. That the act be committed with treachery(alevosia)TREACHERY when the offender commits any ofthe crimes against the person, employing means,methods or forms in the execution thereof which tenddirectly and specially to insure its execution without

risk to himself arising from the defense which theoffended party might make.Requisites:1. That at the time of the attack, the victim wasnot in a position to defend himself; and2. That the offender consciously adopted theparticular means, method or form of attackemployed by him.TEST: It is not only the relative position of the partiesbut, more specifically, whether or not the victim wasforewarned or afforded the opportunity to make adefense or to ward off the attack.


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Rules Regarding Treachery:1. Applicable only to crimes against persons.2. Means, methods or forms need not insureaccomplishment of crime.3. The mode of attack must be consciouslyadopted.

Treachery is taken into account even if the crimeagainst the person is complexed with another

felony involving a different classification in theCode. Accordingly, in the special complex crimeof robbery with homicide, treachery but can beappreciated insofar as the killing is concerned.

The suddenness of attack in itself does notconstitute treachery, even if the purpose was tokill, so long as the decision was made all of asudden and the victims helpless position wasaccidental.

Treachery applies in the killing of a child even ifthe manner of attack is not shown.

Treachery must be proved by clear andconvincing evidence

Treachery is considered against all the offenderswhen there is conspiracy.WHEN MUST TREACHERY BE PRESENT:1. When the aggression is continuous,treachery must be present in the beginning ofthe assault. (PEOPLE vs. MANALAD, GRNo. 128593, August 14, 2002)

Thus, even if the deceased was shotwhile he was lying wounded on theground, it appearing that the firing of theshot was a mere continuation of theassaultin which the deceased wasQuickTime and aTIFF (Uncompressed) decompressorare needed to see this picture.Criminal Law Summer ReviewerATENEO CENTRAL BAR OPERATIONS 2007Page 22 of 174wounded, with no appreciable timeintervening between the delivery of the

blows and the firing of the shot, it cannotbe said that the crime was attended bytreachery.2. When the assault was not continuous, inthat there was interruption, it is sufficient thattreachery was present at the moment thefatal blow was given.

Hence, even though in the inception ofthe aggression which ended in the deathof the deceased, treachery was notpresent, ifthere was a break in thecontinuity of the aggression and at thetime of the fatal wound was inflictedonthe deceased he was defenseless, thecircumstance of treachery must be takeninto account.

Treachery Should Be Considered Even If:1. The victim was not predetermined but therewas a generic intent to treacherously kill anyfirst two persons belonging to a class. (Thesame rule obtains for evident premeditation).2. There was aberratio ictus and the bullet hit aperson different from that intended. (The ruleis different in evident premeditation).3. There was error in personae, hence thevictim was not the one intended by theaccused. (A different rule is applied inevident premeditation).


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REASON FOR THE RULE: When there istreachery, it is impossible for either the intendedvictim or the actual victim to defend himselfagainst the aggression.TREACHERY ABSORBS:1. Craft2. Abuse of superior strength3. Employing means to weaken the defense

4. Cuadrilla (band)5. Aid of armed men6. NighttimeTREACHERY ABUSE OFSUPERIORSTRENGTHMEANSEMPLOYED TOWEAKENDEFENSEMeans, methodsor forms areemployed by theoffender to make itimpossible or hardfor the offendedparty to put anysort of resistanceOffender doesnot employmeans,methods orforms of attack,he only takesadvantage of hissuperiorstrengthMeans areemployed but itonly materiallyweakens theresisting power ofthe offended

partyPar. 17. That means be employed orcircumstances brought about which addignominy to the natural effects of the actIGNOMINY is a circumstance pertaining to themoral order, which adds disgrace and obloquy to thematerial injury caused by the crime.MEANING OF which add ignominy to the naturaleffects thereofThe means employed or the circumstances broughtabout must tend to make the effects of the crimemore humiliating to victim or to put the offended partyto shame, or add to his moral suffering. Thus it isincorrect to appreciate ignominy where the victim wasalready dead when his body was dismembered, forsuch act may not be considered to have added to the

victims moral suffering or humiliation. (People vs.Carmina, G.R. No. 81404, January 28, 1991)Applicable to crimes against chastity, less

serious physical injuries, light or gravecoercion, and murder.Par. 18. That the crime be committed after anunlawful entry.UNLAWFUL ENTRY - when an entrance is effectedby a way not intended for the purpose.NOTE: Unlawful entry must be a means to effectentrance and not for escape.REASON FOR AGGRAVATION:


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One who acts, not respecting the walls erected bymen to guard their property and provide for theirpersonal safety, shows a greater perversity, a greateraudacity; hence, the law punishes him with moreseverity.QuickTime and aTIFF (Uncompressed) decompressorare needed to see this picture.

Criminal Law Summer ReviewerATENEO CENTRAL BAR OPERATIONS 2007Page 23 of 174Par. 19. That as a means to the commission of acrime, a wall, roof, floor, door, or window bebroken.

Applicable only if such acts were done bythe offender to effect ENTRANCE. If thewall, etc., is broken in order to get out of theplace, it is not an aggravating circumstance.

It is NOT necessary that the offender shouldhave entered the building Therefore, If theoffender broke a window to enable himself toreach a purse with money on the table nearthat window, which he took while his bodywas outside of the building, the crime of theftwas attended by this aggravatingcircumstance.PAR. 19 PAR. 18It involves the breaking(rompimiento) of theenumerated parts ofthe house.Presupposes that thereis no such breaking asby entry through thewindow.NOTE: Breaking in is lawful in the followinginstances:1. An officer, in order to make an arrest, maybreak open a door or window of any buildingin which the person to be arrested is or isreasonably believed to be;

2. An officer, if refused admittance, may breakopen any door or window to execute thesearch warrant or liberate himself,3. Replevin, Section 4, Rule 60 of the Rules ofCourtPar. 20. That the crime be committed(1) with the aid of persons under fifteen (15)years of age, or(2) by means of motor vehicles, airships, orother similar means.TWO DIFFERENT CIRCUMSTANCES GROUPEDIN THIS PARAGRAPH:1. With the aid of persons under fifteen years ofage:

Intends to repress, so far as possible, thefrequent practice resorted to by professional

criminals to avail themselves of minors takingadvantage of their irresponsibility.2. By means of motor vehicles, airships, orother similar means:

Intended to counteract the great facilitiesfound by modern criminals in said means tocommit crime and flee and abscond once thesame is committed.

Use of motor vehicle is aggravating wherethe accusedpurposely and deliberatelyusedthe motor vehicle in going to the place of thecrime, in carrying away the effects thereof,


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and in facilitating their escape.MEANING OF or other similar meansShould be understood as referring to motorizedvehicles or other efficient means of transportationsimilar to automobile or airplane.Par. 21. That the wrong done in the commissionof the crime be deliberately augmented bycausing other wrong not necessary for its

commissionCRUELTY there is cruelty when the culprit enjoysand delights in making his victim suffer slowly andgradually, causing unnecessary physical pain in theconsummation of the criminal act.Requisites:1. That the injury caused be deliberatelyincreasedby causing other wrong;2. That the other wrong be unnecessaryfor theexecution of the purpose of the offender.

Cruelty is not inherent in crimes against persons.In order for it to be appreciated, there must be

positive proof that the wounds found on the bodyof the victim were inflicted while he was still alivein order unnecessarily to prolong physicalsuffering.

Cruelty cannot be presumedIf the victim was already dead when the acts of

mutilation were being performed, this would alsoqualify the killing to murder due to outraging ofhis corpse.IGNOMINY (PAR.17) CRUELTY (PAR. 21)Involves MORALsufferingRefers to PHYSICALsuffering

Unlike mitigating circumstances (par. 10, Art.13), there is NO provision for aggravatingcircumstances of a similar or analogouscharacter.QuickTime and aTIFF (Uncompressed) decompressorare needed to see this picture.

Criminal Law Summer ReviewerATENEO CENTRAL BAR OPERATIONS 2007Page 24 of 174CHAPTER FIVEALTERNATIVE CIRCUMSTANCESART.15 Concept of Alternative CircumstancesBASIS:The nature and effects of the crime and the otherconditions attending its commission.THE ALTERNATIVE CIRCUMSTANCES ARE:1. Relationship;2. Intoxication; and3. Degree of instruction and education of theoffender.RELATIONSHIPThe alternative circumstance of relationship shall be

taken into consideration when the offended party isthe 1. Spouse,2. Ascendant,3. Descendant,4. Legitimate, natural, or adopted brother orsister, or5. Relative by affinity in the same degree of theoffender.Other Relatives Included (By Analogy):1. The relationship of stepfather or stepmotherand stepson or stepdaughter.


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REASON: It is the duty of thestepparents to bestow upon theirstepchildren a mothers/fathers affection,care and protection.2. The relationship of adopted parent andadopted child.NOTE: But the relationship of uncle and niece is notcovered by any of the relationship mentioned.

When Relationship Mitigating And WhenAggravating:1. As a rule, relationship is mitigating in crimesagainst property, by analogy to the provisions ofArt. 332.

Thus, relationship is mitigating in the crimesof robbery (Arts. 294-302), usurpation (Art.312), fraudulent insolvency (Art. 314) andarson (Arts. 321-322, 325-326).2. In crimes against persons a) It is aggravating where the offended party isa relative ofI. a higher degree than the offender, orII. when the offender and the offended partyare relatives of the same level (e.g.brothers)b) But when it comes to physical injuries:i. It is aggravating when the crimeinvolves serious physical injuries (Art.263), even if the offended party is adescendant of the offender. But theserious physical injuries must not beinflicted by a parent upon his child byexcessive chastisement.ii. It is mitigating when the offensecommitted is less serious physicalinjuries or slight physical injuries, if theoffended party is a relative of a lowerdegree.iii. It is aggravating if the offended party isa relative of a higher degree of theoffender.c) When the crime is homicide or murder,

relationship is aggravating even if the victimof the crime is a relative of a lower degree.d) In rape, relationship is aggravating where astepfather raped his stepdaughter or in acase where a father raped his own daughter.3. In crimes against chastity, like acts oflasciviousness (Art. 336), relationship is alwaysaggravating, regardless of whether the offenderis a relative of a higher or lower degree of theoffended party.

When the qualification given to the crime isderived from the relationship between theoffender and the offended party, it is neithermitigating nor aggravating, because it isinseparable from and inherentin the offense.(e.g. parricide, adultery and concubinage).

ALTERNATIVE CIRCUMSTANCES Thosewhich must be taken into consideration asaggravating or mitigating according to thenature and effects of the crime and the otherconditions attending its commission.QuickTime and aTIFF (Uncompressed) decompressorare needed to see this picture.Criminal Law Summer ReviewerATENEO CENTRAL BAR OPERATIONS 2007Page 25 of 174INTOXICATION


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When Intoxication Mitigating And WhenAggravating:1. Mitigating i. If intoxication is not habitual, orii. If intoxication is not subsequent to the plan tocommit a felony.2. Aggravating i. If intoxication is habitual, or

ii. If it is intentional (subsequent to the plan tocommit a felony).To Be Entitled To The Mitigating Circumstance OfIntoxication, It Must Be Shown:1. That at the time of the commission of thecriminal act, the accused has taken suchquantity of alcoholic drinks as to blur hisreason and deprive him of a certain degreeof control, and2. That such intoxication is not habitual, orsubsequent to the plan to commit the felony.

To be mitigating, the accuseds state ofintoxication must be proved. Onceintoxication is established by satisfactoryevidence, in the absence of proof to thecontrary, it is presumed to be non-habitual orunintentional.INSTRUCTION OR EDUCATION

As an alternative circumstance it does notrefer only to literacy but more to the level ofintelligence of the accused.

Refers to the lack or presence of sufficientintelligence and knowledge of the fullsignificance of ones acts.

Low degree of instruction and educationor lack of it is generally mitigating. Highdegree of instruction and education isaggravating, when the offender tookadvantage of his learning in committing thecrime.GENERAL RULE: Lack of sufficient education ismitigating.EXCEPTIONS:

1. Crimes against property (e.g. arson,estafa, theft, robbery)2. Crimes against chastity, and3. Treason because love of countryshould be a natural feeling of everycitizen, however unlettered or unculturedhe may be.TITLE TWOPERSONS CRIMINALLY LIABLE FORFELONIESART.16.WHO ARE CRIMINALLY LIABLE

Note that accessories are not liable for lightfelonies. REASON: In the commission of lightfelonies, the social wrong as well as theindividual prejudice is so small that penalsanction is unnecessary.

The classification of the offenders as principal,

accomplice or an accessory is essential underthe RPC. The classification maybe applied tospecial laws only if the latter provides for thesame graduated penalties as those providedunder the RPC.There Are Two Parties In All Crimes:1. Active subject (the criminal)

Art. 16 enumerates the active subjectsof the crime.2. Passive subject (the injured party)

Is the holder of the injured right: the


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man, the juristic person, the group, andthe State.

Note: Only natural persons can be theactive subject of crime because of thehighly personal nature of the criminalresponsibility.

However, corporation and partnershipcan be a passive subject of a crime.

GENERALLY: Corpses and animalscannot be passive subjects becausethey have no rights that may beinjured.EXCEPTION: Under Art. 253, thecrime of defamation may becommitted if the imputation tends toblacken the memory of one who isdead.

This article applies only when theoffenders are to be judged by theirindividual, and not collective, liability.QuickTime and aTIFF (Uncompressed) decompressorare needed to see this picture.Criminal Law Summer ReviewerATENEO CENTRAL BAR OPERATIONS 2007Page 26 of 174ART.17.PRINCIPALSTHREE TYPES OF PRINCIPALS:1. Principal by DIRECT PARTICIPATION(par.1)2. Principal by INDUCTION (par.2)3. Principal by INDISPENSABLECOOPERATION (par.3)Requisites:1. That theyparticipatedin the criminalresolution; and (conspiracy)2. That they carried outtheir plan andpersonally took partin its execution by actswhich directly tended to the same end.NOTE: If the second element is missing, those whodid not participate in the commission of the acts of

execution cannot be held criminally liable, unless thecrime agreed to be committed is treason, sedition,coup d etat or rebellion.MEANING OF personally took part in itsexecution

That the principal by direct participation mustbe at the scene of the commission of thecrime, personally taking part in its execution.

Under conspiracy, although he was notpresent in the scene of the crime, he isequally liable as a principal by directparticipation.Ex: One serving as guard pursuant to theconspiracy is a principal by directparticipationCONSPIRACY there is unity of purpose and

intention.How conspiracy is established: It is proven by overt act and beyond reasonabledoubt Mere knowledge or approval is insufficient It is not necessary that there be formalagreement Conspiracy is implied when the accused had acommon purpose and were united in execution. Unity of purpose and intention in the commissionof the crime may be shown in the followingcases:


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1. Spontaneous agreement at the moment ofthe commission of the crime2. Active cooperation by all the offenders in theperpetration of the crime3. Contribution by positive acts to the realizationof a common criminal intent4. Presence during the commission of the crimeby a band and lending moral support thereto.

While conspiracy may be implied from thecircumstances attending the commission of thecrime, it is nevertheless a rule that conspiracymust be established by positive and conclusiveevidence.NOTES:

Conspirator is not liable for the crimes of theothers which are not the object of the conspiracynor are logical or necessary consequencesthereof

Regarding multiple rape each rapist is liable foranothers crime because each cooperated in thecommission of the rapes perpetrated by theothersEXCEPTION: in the crime of murder w/treachery all the offenders must at leastknow that there will be treachery in executingthe crime or cooperate therein.

No such thing as conspiracy to commit anoffense through negligence. However, speciallaws may make one a co-principal.

Conspiracy is negated by the acquittal of codefendant.Requisites:1. That the inducement be made directly withthe intention of procuring the commission ofthe crime; and2. That such inducement be the determiningcause of the commission of the crime by thematerial executor.

One cannot be held guilty of having instigated thecommission of the crime without first beingshown that the crime was actually committed (orattempted) by another.

Thus, there can be no principal by inducement(or by indispensable cooperation) unless there isa principal by direct participation. But there canbe a principal by direct participation without aPar. 1 Principals by direct participationPar. 2 Principals by inductionQuickTime and aTIFF (Uncompressed) decompressorare needed to see this picture.Criminal Law Summer ReviewerATENEO CENTRAL BAR OPERATIONS 2007Page 27 of 174principal by inducement (or by indispensablecooperation).Two Ways Of Becoming Principal By Induction:1. By directly forcing another to commit a crime

by :a) Using irresistible force.b) Causing uncontrollable fear.

In these cases, there is no conspiracy, noteven a unity of criminal purpose andintention. Only the one using the force orcausing the fear is criminally liable. Thematerial executor is not criminally liablebecause of Art. 12, pars. 5 and 6(exempting circumstances)2. By directly inducing another to commit acrime by


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a) Giving of price, or offering of reward orpromise.

The one giving the price or offering thereward or promise is a principal byinducement while the one committing thecrime in consideration thereof is a principalby direct participation. There is collectivecriminal responsibility.

b) Using words of commandThe person who used the words ofcommand is a principal by inducementwhile the person who committed the crimebecause of the words of command is aprincipal by direct participation. There isalso collective criminal responsibility.Requisites for words of command to beconsidered inducement:1. Commander has the intention of procuringthe commission of the crime2. Commander has ascendancy or influence3. Words used be so direct, so efficacious, sopowerful4. Command be uttered prior to the commission5. Executor had no personal reasonNOTE: Words uttered in the heat of anger and in thenature of the command that had to be obeyed do notmake one an inductor.

The inducement must precede the act inducedand must be so influential in producing thecriminal act that without it, the act would not havebeen performed. Mere imprudent advice is notinducement.

If the person who actually committed the crimehad reason of his own to commit the crime, itcannot be said that the inducement wasinfluential in producing the criminal act.PRINCIPAL BYINDUCEMENTOFFENDER WHOMADE PROPOSAL TOCOMMIT A FELONY

In bothThere is an inducement to commit a crimeWhen liableBecomes liable onlywhen the crime iscommitted by theprincipal by directparticipation.The mere proposal tocommit a felony ispunishable in treason orrebellion. However, theperson to whom theproposal is made shouldnot commit the crime,Otherwise, the propon

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