Criminal Law Fundamentals

CRIMINAL LAW FUNDAMENTALS CIRCUMSTANCES AFFECTING CRIMINAL
LIABILITY – MITIGATING CIRCUMSTANCES

REMINDERS
(Asked 20 times)
1. The following material does not predict bar
1. Incomplete Justification and Exemption [Art. 12,
questions. It is meant to orient and prepare the
par. 1] – when not all of the requisites necessary to
mind to approach questions in Criminal Law.
exempt from criminal liability or justify an act are
2. Do not base your answers on logic, political
not attendant
beliefs or sense of morality. All answers must
be based on a LEGAL PRINCIPLE. Cite a 2. Under 18 or Over 70 years of age [Art. 12, par. 2]
Criminal Law provision (do not quote the 3. No intention to commit so grave a wrong [Art. 12,
provision, just state the principle), a legal par. 3]
doctrine, or jurisprudence (no need to cite the 4. Sufficient Provocation or Threat [Art. 12, par. 4]
case title). ● Requisites:
3. Think long, write short. Please go straight to a. Provocation must be sufficient
the point and DO NOT use up an entire page b. Must originate from the offended party
for an answer. TRY YOUR BEST TO LIMIT c. That the provocation must be personal and
THE ANSWER TO NO MORE THAN 3-4 directed to the accused
SENTENCES. d. That the provocation must be immediate to
4. Make sure the answer is COMPLETE. It is the act, i.e., to the commission of the crime by
complete if it has a LEGAL PRINCIPLE AND
the person who is provoked
IT IS APPLIED TO THE FACTS. To get full
5. Immediate vindication of a grave offense [Art. 12,
points, the answer must be SHORT and
par. 5]
COMPLETE.
● Requisites:
5. Take time to choose the proper words to use in
a. That there be a grave offense done to the one
your answer. Remember that the examiner is
looking for certain words or phrases. committing the felony, his spouse, ascendants,
descendants, legitimate, natural or adopted
YOU WILL PASS THE BAR. TIWALA. brothers or sisters, or relatives by affinity
within the same degree.
b. That the felony is committed in vindication of
ACKNOWLEDGMENTS such grave offense. A lapse of time is allowed
between the vindication and the doing of the
grave offense.
Subject Expert Prof. Dan P. Calica c. The vindication need not be done by the
person upon whom the grave offense was
committed
UP LAW CENTER Renee Louise M. Co
6. Passion or obfuscation [Art. 12, par. 6]
TRAINING AND Hannah Georgia F. Plopinio
○ Requisites:
CONVENTION Angelica Marie M. Tan
DIVISION a. That there be an act, both unlawful and
sufficient to produce such a condition of mind;
b. That said act which produced the obfuscation
was not far removed from the commission of
the crime by a considerable length of time,
during which the perpetrator might recover
his normal equanimity.
7. Voluntary surrender [Art. 12, par. 7]
○ Requisites:
a. That the offender spontaneously confessed his
guilt.
b. That the confession of guilt was made in open
court, that is, before the competent court that
is to try the case; and
UP LAW TRAINING AND CONVENTION DIVISION Page 1 of 25

c. That the confession of guilt was made prior to TITLE X: CRIMES AGAINST PROPERTY –
the presentation of evidence for the SWINDLING/ESTAFA – ARTICLE 315
prosecution. (Asked 17 times)
8. Voluntary plea of guilt [Art. 12, par. 7] Elements:
○ Requisites:
a. That the offender spontaneously confessed his 1. Accused defrauded another by:
guilt. a. abuse of confidence or
b. That the confession of guilt was made in open b. means of deceit; and
court, that is, before the competent court that 2. Damage/prejudice capable of pecuniary
is to try the case; and estimation is caused to the offended party or 3rd
c. That the confession of guilt was made prior to person.
the presentation of evidence for the
prosecution. Ways of Committing Estafa:
9. Plea to a lower offense [Art. 12, par. 7; ROC Sec. 2,
Rule 116] 1. With unfaithfulness or abuse of confidence:
a. Made during arraignment with the consent of a. With unfaithfulness [Art. 315, No. 1-A]
the offended party and prosecutor or after b. With abuse of confidence [Art. 315, No. 1-B]
arraignment but before trial after withdrawing c. By taking undue advantage of the signature in
his plea of not guilty blank [Art. 315, No. 1-C]
b. Lesser offense must be necessarily included in 2. By means of false pretenses or fraudulent acts:
the offense charged. a. Using fictitious name or false pretenses and
- No amendment of the complaint or other similar deceit [Art. 315, No. 2-A]
information is necessary. b. By altering the quality, fineness or weight of
10. Physical defect [Art. 12, par. 7] – when the offender anything pertaining to his art of business [Art.
is deaf and dumb, blind or otherwise suffering 315, No. 2-B]
from some physical defect, restricting his means of c. By pretending to have pribed any Government
action, defense or communication with others. employee [Art. 315, No. 2-C]
11. Illness [Art. 12, par. 9] d. By postdating a check or issuing a check in
○ Requisites payment of an obligation [Art. 315, No. 2-D]
a. The illness of the offender must diminish the e. By obtaining food or accommodation at a
exercise of his willpower; and hotel, etc. [Art. 315, No. 2-E]
b. Such illness should not deprive the offender of 3. Through fraudulent means:
consciousness of his acts. a. By inducing another to sign any document
12. Analogous Circumstances [Art. 12, par. 10] [Art. 315, No. 3-A]
● Examples: b. By resorting to some fraudulent practice to
a. Voluntary restitution of stolen goods similar insure success in gambling [Art. 315, No. 3-B]
to voluntary surrender [People v. Luntao] c. By removing, concealing or destroying
b. Impulse of jealous feelings, similar to passion documents [Art. 315, No. 3-C]
and obfuscation [People v. Libria]
c. Taking the stolen cow to the municipal hall to CIRCUMSTANCES AFFECTING CRIMINAL
place it in the custody of the authorities is LIABILITY – AGGRAVATING CIRCUMSTANCES
analogous to voluntary surrender [Canta v. (Asked 16 times)
People]
1. Taking Advantage of Public Office [Art. 14, par. 1]
● The public officer must:
a. Use the influence, prestige or ascendancy
which his office gives him
b. As means by which he realizes his purpose.
2. In Contempt of or With Insult to Public
Authorities [Art. 14, par. 2]
● Requisites:
UP LAW CENTER TRAINING AND CONVENTION DIVISION Page 2 of 25
a. That the public authority is engaged in the ● Band:
exercise of his functions. a. At least four persons
b. That the public authority is not the person b. At least four of them should be armed
against whom the crime is committed. c. Principals by direct participation
c. The offender knows him to be a public 7. On Occasion Of A Calamity [Art. 14, par. 7]
authority. 8. Aid Of Armed Men Or Means To Ensure Impunity
d. His presence has not prevented the offender [Art. 14, par. 8]
from committing the criminal act. ● Requisites:
3. With Insult or Lack of Regard Due to Offended a. That the armed men or persons took part in
Party by Reason of Rank, Age or Sex; Or the commission of the crime, directly or
Committed in Dwelling [Art. 14, par. 3] indirectly.
● Rank: Difference between social condition or b. That the accused availed himself of their aid or
position between offender and offended party relied upon them when the crime was
● Age: Either old age or tender age of the victim committed.
● Sex: Female 9. Recidivism [Art. 14, par. 9]
● Dwelling: Building or structure, exclusively ● Requisites:
used for rest and comfort a. That the offender is on trial for an offense;
4. Abuse Of Confidence And Obvious b. That he was previously convicted by a final
Ungratefulness [Art. 14, par. 4] judgment of another crime;
● Requisites: c. That both the first and the second offenses are
a. That the offended party had trusted the embraced in the same title of the Code;
offender. d. That the offender is convicted of the new
b. That the offender abused such trust by offense.
committing a crime against the offended 10. Reiteracion or Habituality [Art. 14, par. 10]
party. ● Requisites:
c. That the abuse of confidence facilitated the a. That the accused is on trial for an offense;
commission of the crime. b. That he previously served sentence for another
5. Crime In Palace Or In Presence Of The Chief offense to which the law attaches: a. an equal
Executive; Or Place of Religious Worship [Art. 14, or b. greater penalty, or c. for 2 or more crimes
par. 5] to which it attaches lighter penalty than that
● Committed in: for the new offense;
a. The palace of the Chief Executive, or c. That he is convicted of the new offense.
b. In his presence, or where public authorities are 11. Price, Reward Or Promise [Art. 14, par. 11]
engaged in the discharge of their duties, or 12. Inundation, Fire, Poison [Art. 14, par. 12]
c. In a place dedicated to religious worship 13. Evident Premeditation [Art. 14, par. 13]
6. Nighttime; Uninhabited Place; With A Band [Art. 14. Craft, Fraud Or Disguise [Art. 14, par. 14]
14, par. 6] ● Craft: intellectual trickery and cunning on the
● Nighttime: part of the accused
a. It is specially sought by the offender ● Fraud: insidious words or machinations used
b. The offender purposely took advantage of to induce the victim to act in a manner which
nighttime; or would enable the offender to carry out his
c. It facilitated the commission of the offense. design
● Uninhabited Place: ● Disguise: any device to conceal identity
The offenders must choose the place as an aid 15. Superior Strength Or Means To Weaken Defense
either: [Art. 14, par. 15]
16. Treachery [Art. 14, par. 16]
a. to an easy and uninterrupted accomplishment
● Offender consciously employed means of
of their criminal designs, or
execution that gave the person attacked no
b. to insure concealment of the offense, that he
opportunity to defend himself or retaliate;
might thereby be better secured against
17. Ignominy [Art. 14, par. 17]
detection and punishment [US v. Vitug]
● Means employed or circumstances brought a.Directly forcing another to commit a crime
about must tend to make the effects of the by (1) using irresistible force, or (2)
crime more humiliating or to put the offended causing uncontrollable fear; or
party to shame b. Directly inducing another to commit a
18. Unlawful Entry [Art. 14, par. 18] crime by (1) giving of price, or offering of
● When an entrance is effected by a way NOT reward or promise, or (2) using words of
intended for the purpose. command.
19. Breaking Wall, Floor or Roof [Art. 14, par. 19] 3. By indispensable cooperation
● Means to effect entrance, not for escape ● Elements:
20. With Aid Of Persons Under 15; By Motor Vehicle a. Participation in the criminal resolution,
[Art. 14, par. 20] (anterior conspiracy or unity of criminal
● By Motor Vehicles, Airships or Other Similar purpose and intention immediately before
Means: the commission of the crime charged);
a. The use of motor vehicle is a means to the b. Cooperation in the commission of the
commission of the crime, and not merely to offense by performing another act,
facilitate escape without which it would have been
b. Must be (a) motorized vehicles or (b) other efficient accomplished.
means of transportation similar to automobile or Accomplices: persons who, not acting as principals,
airplane cooperate in the execution of the offense by previous
21. Cruelty [Art. 14, par. 21] and simultaneous acts, which are not indispensable to
● Requisites: the commission of the crime. [Art. 18]
a. The injury caused is deliberately increased by
● Elements:
causing other wrong
a. There is community of design (knowing the
b. The other wrong is unnecessary for the
criminal design of the principal by direct
execution of the purpose of the offender
participation, he concurs in his purpose);
b. He cooperates in the execution of the offense
PERSONS LIABLE AND DEGREE OF by previous or simultaneous acts, with the
PARTICIPATION – intention of supplying material or moral aid in
PRINCIPALS, ACCOMPLICES, AND the efficacious execution of the crime; and
ACCESSORIES c. There is a relation between the acts done by
(Asked 16 times) the principal and those attributed to the
Principals: [Art. 17] accomplice.
1. By direct participation
● Requisites: Accessories: having knowledge of the commission of
a. Participation in the criminal resolution; the crime, and without having participated therein,
and either as principals or accomplices, take part
b. Carrying out the plan and personally subsequent to its commission. [Art. 19]
taking part in its execution by acts which
directly tended to the same end.
2. By inducement CRIMINAL LIABILITIES AND FELONIES –
COMPLEX CRIMES AND COMPOSITE CRIMES
● Elements:
(Asked 14 times)
a. The inducement be made directly with the
intention of procuring the commission of Complex Crime:
the crime; and
1. Although 2 or more crimes are actually
b. Such inducement is the determining cause
committed, they constitute only one crime under
of the commission of the crime by the
the law as well as in the conscience of the offender.
material executor.
2. The offender has only one criminal intent, hence
● Ways of becoming a Principal by Induction:
there is only one penalty imposed for the
commission of a complex crime.
Requisites: CRIMINAL LIABILITIES AND FELONIES –
ABBERATIO ICTUS, ERROR IN PERSONAE, AND
1. That at least two offenses are committed
PRAETER INTENTIONEM
2. That one or some of the offenses must be (Asked 12 times)
necessary to commit the other
3. That both or all the offenses must be punished Abberatio ictus – mistake in the blow; when offender
under the same statute. intending to do an injury to one person actually inflicts
General Rules in Complexing Crimes it on another; penalty for graver offense in its
maximum period [Art. 48 on complex crimes]
1. When two crimes produced by a single act are
● Elements:
respectively within the exclusive jurisdiction of
a. There is only one subject.
two courts of different jurisdiction, the court of
b. The intended subject is a different subject, but
higher jurisdiction shall try the complex crime.
the felony is still the same.
2. The penalty for complex crime is the penalty for
Error in personae – mistake in the identity of the
the most serious crime, to be applied in its
victim; injuring one person mistaken for another;
maximum period.
penalty for lesser crime in its maximum period [Art.
3. When two felonies constituting a complex crime
49];
are punishable by imprisonment and fine
respectively, only the penalty of imprisonment ● Elements:
should be imposed. a. At least two subjects
4. Art. 48 applies only to cases where the Code does b. A has intent to kill B, but kills C
not provide a definite specific penalty for a c. Under Art. 3, if A hits C, he should have no
complex crime. criminal liability. But because of Art. 4, his act
5. One information should be filed when a complex is a felony.
crime is committed. Praeter intentionem – injurious result is greater than
6. When a complex crime is charged and one offense that intended [Art. 13]
is not proven, the accused can be convicted of the
other.
Special Complex/Composite Crimes: the substance is TITLE VIII – CRIMES AGAINST PERSONS –
made up of more than one crime but which in the eyes DEATH OR PHYSICAL INJURIES INFLICTED
of the law is only: UNDER EXCEPTIONAL CIRCUMSTANCES –
ARTICLE 247
1. a single indivisible offense; (Asked 12 times)
2. all those acts done in pursuance of the crime
Elements:
agreed upon are acts constituting a single crime.
Special Complex Crimes in RPC: 1. A legally married person or a parent surprises his
spouse or his daughter, the latter under 18 years of
1. Robbery with Homicide [Art. 294 (1)]
age and living with him, in the act of committing
2. Robbery with Rape [Art. 294 (2)]
sexual intercourse with another person
3. Robbery with Arson
2. He or she kills any or both of them or inflicts upon
4. Kidnapping with serious physical injuries [Art. 267
any or both of them any serious physical injury in
(3)]
5. Kidnapping with rape the act or immediately thereafter
6. Rape with Homicide [Art. 335] 3. That he has not promoted/facilitated prostitution
7. Arson with homicide of his wife or daughter, or that he or she had not
consented to the infidelity of the other spouse

PENALTIES – APPLICATION – ● That there is a reasonable probability that such
INDETERMINATE SENTENCE LAW (ACT NO. prisoner will live and remain at liberty
4103) without violating the law, and
(Asked 11 times) ● That such release will not be incompatible
Not Applicable To Persons: with the welfare of society,
The Board may authorize the release of such prisoner
1. Convicted of offenses punished with death on parole, upon such terms and conditions as are
penalty or life-imprisonment; herein prescribed and as may be prescribed by the
2. Convicted of treason, conspiracy or proposal to Board. [Sec. 5, Act No. 4103]
commit treason;
3. Convicted of misprision of treason, rebellion,
sedition or espionage; PENALTIES – EXECUTION AND SERVICE –
4. Convicted of piracy; JUVENILE JUSTICE AND WELFARE ACT (RA 9344,
5. Who are habitual delinquents; AS AMENDED)
6. Who have escaped from confinement or evaded (Asked 10 times)
sentence; Punishable Acts:
7. Who violated the terms of their pardon (which
was granted by the Chief Executive) 1. Prohibition Against Labeling and Shaming [Sec.
8. Whose max. term of imprisonment does not 60]
exceed 1yr, 2. Other acts prejudicial and detrimental to the
9. Who, upon the approval of the law, had been psychological, emotional, social, spiritual, moral
sentenced by final judgment and physical health and well-being of the child in
10. Sentenced to a penalty of destierro or suspension conflict with the law: [Sec. 61]
a. Employment of threats of whatever kind and
nature;
● In imposing a prison sentence for a felony, the b. Employment of abusive, coercive and punitive
court shall sentence the accused to maximum term measures;
which could be properly imposed under the RPC, c. Employment of degrading, inhuman and cruel
and the minimum shall be within the range of the forms of punishment; and
penalty next lower to that prescribed by the Code d. Compelling the child to perform involuntary
for the offense; [Sec. 1, Act No. 4103] servitude in any and all forms under any and
● If the offense is punished by special laws, the all instances.
court shall sentence the accused to an
indeterminate sentence, the maximum term of
which shall not exceed the maximum fixed by said Definitions:
law and the minimum shall not be less than the Diversion – an alternative, child-appropriate process
minimum term prescribed by the same. [Sec. 1, Act of determining the responsibility and treatment of a
No. 4103] child in conflict with the law on the basis of his/her
● When a prisoner served the minimum penalty, social, cultural, economic, psychological, or
and it appears to the Board of Indeterminate educational background w/o resulting to formal court
Sentence, proceedings.
○ from the reports of the prisoner's work and
Diversion program – program that the child in conflict
conduct which may be received in accordance
with the law is required to undergo after he/she is
with the rules and regulations prescribed, and found responsible for an offense w/o resorting to
○ from the study and investigation made by the formal court proceedings. [Sec. 4(j), RA 9344]
Board itself,
That such prisoner is:
● Fitted by his training for release,

COMPREHENSIVE DANGEROUS DRUGS ACT OF accomplishment of the crime
2002 – SECTIONS 5, 11, 15 AND 21, RA 9165, AS
AMENDED BY RA 10640
Taking into account mitigating ✔ ✘
(Asked 10 times)
and aggravating circumstances
Punishable Acts:
Taking into account the degree of ✔ ✘
1. Pushing - Selling, trading, administering, participation
dispensing, delivering, giving away, distributing,
transporting [Sec. 5]; What laws are violated RPC Special
Maximum penalty if:
a. 100 meters of a school

b. Use minors/incapacitated persons as runners FELONIES – CRIMINAL LIABILITIES AND
c. Victim is a minor or incapacitated person FELONIES – IMPOSSIBLE CRIME
d. Drugs the proximate cause of victim’s death (Asked 9 times)
2. Possession [Sec. 11]
Requisites:
Elements:
1. The act performed would be an offense against
a. Accused is in possession of an item or object
persons or property.
which is identified to be a prohibited drug;
2. The act was done with evil intent.
b. Such possession is not authorized by law; and
3. Its accomplishment is inherently impossible, or
c. Accused freely and consciously possesses the
that the means employed is either inadequate or
said drug [People v. Partoza]
ineffectual.
3. Use [Sec. 15]
4. The act performed should not constitute a
Elements:
violation of another provision of the RPC.
a. Person apprehended or arrested;
b. Found positive in a drug test
TITLE VIII: CRIMES AGAINST PERSONS –
Penalty: Mandatory rehab for 1st offense; 6y1d to
RAPE – ARTICLE 266-A
12y for 2nd offense (Asked 9 times)
Elements:
GENERAL PRINCIPLES – 1. Offender is a man.
MALA IN SE VS. MALA PROHIBITA
2. Offender had carnal knowledge of a woman.
(Asked 9 times)
3. Act accomplished under any of ff. circumstances:
Mala in se: ―evil in itself‖; a crime or an act that is a. by using force or intimidation; or
inherently immoral, such as murder, arson or rape. b. when the woman is deprived of reason or
[Black’s Law] otherwise unconscious; or
c. by means of fraudulent machination or grave
Mala prohibita: ―prohibited evil‖; an act that is a
crime merely because it is prohibited by statute, abuse of authority; or
although the act itself is not necessarily immoral. d. when the woman is under 12 years of age or
[Black’s Law] demented.
Point of Comparison MIS MP

TITLE X: CRIMES AGAINST PROPERTY –
FRAUDULENT INSOLVENCY – ARTICLE 314
Consideration of the moral trait of ✔ ✘ (Asked 9 times)
the offender
Elements:
Use of good faith as a defense ✔ ✘
1. The offender is a debtor, that is, he has obligations
due and payable.
Taking into account the degree of ✔ ✘
2. He absconds with his property.

3. There is prejudice to his creditors.
CIRCUMSTANCES AFFECTING CRIMINAL

PERSONS LIABLE AND DEGREE OF LIABILITY – JUSTIFYING CIRCUMSTANCES
PARTICIPATION – CONSPIRACY AND (Asked 7 times)
PROPOSAL
1. Self-defense [Art. 11, par. 1]
(Asked 8 times)
● Requisites:
Conspiracy [Art. 8] a. Unlawful aggression
b. Reasonable necessity of means employed to
● Requisites:
prevent or repel it;
1. Two or more persons come to an agreement.
c. Lack of sufficient provocation on the part of
2. Agreement presupposes meeting of the minds of
the person defending himself.
two or more persons
2. Defense of relatives [Art. 11, par. 2]
3. Agreement pertains to a commission of a felony.
● Requisites:
4. Agreement to effect what was conceived and
a. Unlawful aggression
determined.
prevent or repel it;
Proposal [Art. 8] c. Lack of sufficient provocation on part of
relative, or, in case of provocation, the one
● Requisites:
making the defense had no part therein
1. A person has decided to commit a felony; and
3. Defense of strangers [Art. 11, par. 3]
2. He proposes its execution to some other person or
● Requisites:
persons.
a. Unlawful aggression
General Rule: Conspiracy and proposal to commit a prevent or repel it;
felony are not punishable. c. The person defending was not induced by
Exception: They are punishable only in the cases in revenge, resentment or other evil motive.
which the law specially provides a penalty therefore. 4. State of necessity/Avoidance of Greater Evil [Art.
11, par. 4]
Conspiracy as a Crime by Itself: ● Requisites:
1. Treason [Art. 115] a. Evil sought to be avoided actually exists.
2. Rebellion [Art. 136] b. The evil or injury sought to be avoided must
3. Insurrection [Art. 136] not have been produced by the one invoking
4. Coup d’état [Art. 136] the justifying circumstances.
5. Sedition [Art. 141] c. Injury feared be greater than that done to
6. Monopolies and combinations in restraint of trade avoid it.
[Art. 186] d. There is no other practical and less harmful
7. Espionage [Sec. 3, C.A. 616] means of preventing it.
8. Selected acts under the Dangerous Drugs Act [Sec. 5. Performance of duty [Art. 11, par. 5]
26, R.A. 9165] ● Requisites:
9. Arson [P.D. 1613, Sec. 7] a. Offender acted in performance of duty or in
10. Terrorism [R.A. 9372, Sec. 4] the lawful exercise of a right or office;
b. That the injury caused or the offense
committed be the necessary consequence of
Proposal as a Crime by Itself:
the due performance of duty or the lawful
1. Treason [Art. 115] exercise of such right or office.
2. Coup d’etat [Art. 136] 6. Obedience to superiors’ orders [Art. 11, par. 6]
3. Rebellion [Art. 136] ● Requisites:
4. Inducement not to answer summons, appear a. Order must have been issued by a superior;
or be sworn in Congress, etc. [Art. 150] b. The order is for some lawful purpose;

c. The means used to carry it out must be lawful 4. Placing the W/C in fear of imminent physical
harm;
5. Compelling (or attempting to) the W/C to engage
TITLE VIII: CRIMES AGAINST PERSONS –
in conduct which the W/C has the right to desist
PARRICIDE – ARTICLE 246
(Asked 7 times) from, or attempting to restrict or restricting the
W/C’s freedom of movement or conduct by force
Elements: or threat thereof;
1. A person is killed. 6. Inflicting (or threatening to) physical harm on
2. The deceased is killed by the accused. oneself to control her actions or decisions;
3. The deceased is the father, mother, or child, 7. Causing (or attempting to) the W/C to engage in
whether legitimate or illegitimate, or a legitimate non-rape sexual activities by force or threat of
other ascendant or other descendent, or the force, physical harm, or through intimidation
legitimate spouse, of the accused. directed against the W/C’s immediate family;
8. Engaging in purposeful, knowing, or reckless
conduct, personally or through another, that
TITLE VIII: CRIMES AGAINST PERSONS – alarms or causes substantial emotional or
HOMICIDE – ARTICLE 249 psychological distress to the W/C; and
(Asked 7 times)
9. Causing mental or emotional anguish, public
Elements: ridicule or humiliation to the W/C, including, but
not limited to, repeated verbal and emotional
1. A person is killed.
abuse, and denial of financial support or custody
2. Killing without justifying circumstances.
of minor children of access to the woman's
3. Accused had intention to kill, which is presumed.
child/children.
4. Killing was not attended by any of the qualifying
Battered Woman Syndrome [Sec. 26]:
circumstances of murder, or by that of parricide or
infanticide. ● As a Defense. – Victim-survivors who are found
by the courts to be suffering from battered woman
syndrome do not incur any criminal and civil
ANTI-VIOLENCE AGAINST WOMEN AND
liability notwithstanding the absence of any of the
CHILDREN ACT OF 2004 –
elements for justifying circumstances of self-
SECTIONS 3, 5, AND 26, RA 9262
defense under the Revised Penal Code.
(Asked 7 times)
● Four Characteristics of the BWS:
Definitions [Sec. 3]: ○ Woman believes the violence was her fault;
○ She has an inability to place the responsibility
● Battered Woman - woman ―who is repeatedly
for the violence elsewhere;
subjected to any forceful physical or psychological
○ She fears for her life and/or her children’s life;
behavior by a man in order to coerce her to do
○ She has an irrational belief that the abuser is
something he wants her to do without concern for
omnipresent and omniscient.
her rights.‖
● Battered Woman Syndrome – a scientifically
defined pattern of psychological and behavioral CIRCUMSTANCES AFFECTING CRIMINAL
symptoms found in women living in battering LIABILITY – EXEMPTING CIRCUMSTANCES
relationships as a result of cumulative abuse. (Asked 6 times)
1. Imbecility or an insanity [Art. 12, par. 1]

Punishable Acts [Sec. 5]: 2. Minority under 15 years of age [Art. 12, par. 2]
3. Minority under 15 years of age but above 18 years
1. Causing physical harm to the woman or her child
of age, without discernment [Art. 12, par. 3]
(W/C);
4. Causing injury by mere accident [Art. 12, par. 4]
2. Threatening to cause W/C physical harm;
5. compulsion of irresistible force [Art. 12 par. 5]
3. Attempting to cause the W/C physical harm;
6. Uncontrollable fear [Art. 12 par. 6]

7. Failure to perform an act required by law due to a imprisonment. The period of probation shall be
lawful insuperable cause [Art. 12 par. 7] twice the total number of days of subsidiary
imprisonment.
PENALTIES – EXECUTION AND SERVICE –

PROBATION LAW (PD 968, AS AMENDED) TITLE VIII: CRIMES AGAINST PERSONS –
(Asked 6 times) MURDER – ARTICLE 248
(Asked 6 times)
Probation: a disposition under which a defendant,
after conviction and sentence, is released subject to Elements:
conditions imposed by the court and to the
supervision of a probation officer. 1. A person was killed.
2. The accused killed him.
Application: to all offenders except those entitled to 3. The killing was attended by any of the qualifying
benefits under PD 603 and similar laws. circumstances mentioned in Article 248.
Rules on Granting Probation: 4. The killing is not parricide or infanticide.
1. After having convicted and sentenced a defendant,

the trial court may suspend the execution of the Qualifying Circumstances:
sentence, and place the defendant on probation, 1. Treachery, taking advantage of superior strength,
upon application by the defendant w/in the Aid of armed men, or Means to weaken defense,
period for perfecting an appeal. or means/persons to insure or afford impunity;
2. Probation may be granted whether the sentence 2. In consideration of a price, reward or promise;
imposed a term of imprisonment or fine only. 3. Inundation, fire, poison, explosion, shipwreck,
3. No application for probation shall be entertained stranding of vessel, derailment or assault upon a
or granted if the defendant has perfected an railroad, fall of an airship, motor vehicles or any
appeal from the judgment of conviction. other means involving great waste and ruin;
4. Filing of application for probation operates as a 4. On occasion of any of the calamities enumerated,
waiver of the right to appeal. or an earthquake, volcanic eruption, destructive
5. The application shall be filed with the trial court, cyclone, great waste and ruin;
and the order granting or denying probation shall 5. Evident premeditation; or
not be appealable. 6. Cruelty or outraging/scoffing at person or corpse.
6. Accessory penalties are deemed suspended once
probation is granted.
Disqualified Offenders: TITLE IX: CRIMES AGAINST PERSONAL LIBERTY
AND SECURITY – REVELATION OF INDUSTRIAL
1. Sentenced to serve a maximum term of SECRETS – ARTICLE 292
imprisonment of more than 6 years. (Asked 6 times)
2. Convicted of subversion or any crime against the
Elements:
national security or the public order.
3. Previously convicted by final judgment of an 1. Offender is a person in charge or employee of a
offense punished by imprisonment of not less than manufacturing or industrial establishment.
1 month, 1 day and/or a fine not less than P200. 2. Manufacturing or industrial establishment has a
4. Once placed on probation. secret of the industry which the offender has
Period of Probation: learned.
3. Offender reveals such secrets.
1. If the convict is sentenced to a term of
4. Prejudice is caused to the owner.
imprisonment of NOT more than one year, the
period of probation shall not exceed 2 years.
2. In all other cases, if he is sentenced to more than
one year, said period shall not exceed 6 years.
3. When the sentence imposes a fine only and the
offender is made to serve subsidiary
TITLE X: CRIMES AGAINST PROPERTY – CRIMINAL LIABILITIES AND FELONIES –
THEFT – ARTICLE 308 STAGES OF EXECUTION
(Asked 6 times) (Asked 5 times)
Elements: 1. Consummated Felony – When all the elements

necessary for its execution and accomplishment
1. Having found lost property, shall fail to deliver
are present; the felony is produced.
the same to the local authorities or to its owner;
2. Frustrated Felony – When the offender performs
2. After having maliciously damaged the property of
all the acts of execution which would produce the
another, shall remove or make use of the fruits or
felony as a consequence but which, nevertheless,
object of the damage caused by him; and
do not produce it by reason of causes independent
3. Enter an enclosed estate or a filed where trespass
of the will of the perpetrator.
is forbidden or which belongs to another and
3. Attempted Felony – When the offender
without the consent of its owner, shall hunt or fish
commences the commission of a felony directly by
upon the same or shall gather fruits, cereals, or
overt acts, and does not perform all the acts of
other forest or farm products
execution which should produce the felony by
reason of some cause or accident other than his
GENERAL PRINCIPLES – APPLICABILITY AND own spontaneous desistance
EFFECTIVITY OF THE RPC – TERRITORIALITY
(Asked 5 times)
PENALTIES – CIVIL LIABILITY IN CRIMINAL
General Rule: Penal laws of the Philippines are CASES
enforceable only within its territory. (Asked 5 times)
Exceptions [Art. 2]: Penal laws are enforceable even General Rule [Art. 100]: Every person criminally liable
outside Philippine territory. for a felony is also civilly liable.
1. Offense committed while on a PH Rules on Special Cases [Arts. 101-103]:

ship/airship;
1. Civil liability is still imposed in cases falling under
2. Forging or counterfeiting any coin or currency
exempting circumstances. [Art. 101]
note of the Philippines or obligations and ● Exceptions:
securities issued by the Government; a. No civil liability in par. 4 of Art. 12 which
3. Introduction into the country of the above- provides for injury caused by mere accident.
mentioned obligations and securities; b. No civil liability in par. 7 of Art. 12 which
4. While being public officers or employees provides for failure to perform an act required
by law when prevented by some lawful or
should commit an offense in the exercise of
insuperable cause.
their functions; 2. No civil liability is imposed in cases falling under
5. Should commit any of the crimes against justifying circumstances. [Art. 102]
national security and the law of nations ● Exception: under par. 4, where a person does
defined in Title One of Book Two. an act, causing damage to another, in order to
Exception to the Exception [Art. 2]: Penal laws not avoid evil or injury, the person benefited by
applicable within or without Philippine territory if so the prevention of the evil or injury shall be
provided in treaties and laws of preferential civilly liable in proportion to the benefit he
received.
application.
3. In default of the persons criminally liable,
innkeepers, tavernkeepers, and any other persons
or corporations shall be civilly liable for crimes
committed in establishments. [Art. 103, par. 1]
● Elements for Application of Rule:
a. The innkeeper, tavernkeeper or proprietor of
establishment or his employee committed a
violation of municipal ordinance or some
general or special police regulation.

b. Crime committed in 5. Subsidiary liability enforced first against the
inn/tavern/establishment. principals’ property, then of accomplices, then of
c. The person criminally liable is insolvent. the accessories [Art. 110]
6. Persons who participated gratuitously in the
4. Innkeepers are also subsidiarily liable for the
proceeds of a felony to make restitution equivalent
restitution of goods taken by robbery or theft
to extent of participation [Art. 111]
within their houses from guests. [Art. 103, par. 2]
a. The guests notified in advance the innkeeper TITLE III – CRIMES AGAINST PUBLIC ORDER –
or the person representing the deposit of their EVASION OF SERVICE OF SENTENCE –
goods within the inn or house. ARTICLE 157
b. The guests followed the directions of the (Asked 5 times)
innkeeper or his representative with respect to
the care of and vigilance over such goods. Elements:
c. Such goods of the guests lodging therein were
1. Offender is a convict by final judgment.
taken by robbery with force upon things or
2. Sentence consists in deprivation of liberty.
theft committed within the inn or house.
5. Subsidiary liability established shall also apply to 3. Evasion by escaping during the term of sentence.
employers, teachers, persons, and corporations Qualifying Circumstances:
engaged in any kind of industry. [Art. 104]
1. unlawful entry (by scaling);
a. The employer, teacher, person, or corporation 2. breaking doors, windows, gates, walls, roofs
is engaged in any kind of industry. floors;
b. Any of their servants, pupils, workmen, 3. using picklocks, false keys, disguise, deceit,
apprentices, or employees commits a felony violence, or intimidation; or
while in the discharge of his duties. 4. thru connivance with other convicts or employees
c. The said employee is insolvent and has not
of penal institution
satisfied his civil liability.
What Civil Liability Includes [Art. 104]: TITLE IV: CRIMES AGAINST PUBLIC INTEREST –
FALSIFICATION BY PUBLIC OFFICER,
1. Restitution [Art. 105] – return of the thing taken EMPLOYEE OR NOTARY – ARTICLE 171
2. Reparation of the damage caused [Art. 106]– (Asked 5 times)
applies when restitution is not possible;
● Considerations for Determination: Elements:
a. Actual value of lost item irrecoverable
b. Sentimental value to original owner 1. Offender is public officer, employee, notary
3. Indemnification for consequential damages [Art. public;
107] – include not only those caused the injured 2. He takes advantage of his official position;
party, but also those suffered by his family or by a 3. He falsifies by committing any of the acts:
third person by reason of the crime. a. Counterfeiting or imitating any handwriting,
signature or rubric;
Rules on Civil Liability b. Causing it to appear that persons have
participated in any act or proceeding when
1. Obligation to restoration, reparation,
they did not in fact so participate;
indemnification devolves upon heirs of person
liable [Art. 108] c. Attributing to persons who have participated
2. Action to demand civil liability descends to the in an act or proceeding statements other than
heirs of the injured person [Art. 108] those in fact made by them;
3. If two or more persons civilly liable for a felony, d. Making untruthful statements in a narration of
court to determine amount for which each must facts;
respond [Art. 109]
e. Altering true dates;
4. Principals, accomplices, and accessories shall be
liable severally (in solidum) among themselves for f. Making any alteration/intercalation in a
their quotas, and subsidiaries for those of the other genuine document changing its meaning;
persons liable [Art. 110] g. Issuing in authenticated form a document
purporting to be a copy of any original

document when no such original exists, or 4. Causing through simple imprudence or negligence
including in such copy a statement contrary some wrong which, if done maliciously, would
to, or different from that of genuine original; have constituted a light felony.
h. Intercalating any instrument or note relative to
the issuance thereof in a protocol, registry or
Definitions:
official book.
4. If offender is ecclesiastical minister, falsification is Reckless imprudence
committed on record/document of such character
Consists in voluntary, but without malice, doing or
that falsification may affect civil status of persons.
falling to do an act from which material damage
results by reason of inexcusable lack of precaution on
TITLE X: CRIMES AGAINST PROPERTY – the part of the person performing of failing to perform
AIDING AND ABETTING A BAND OF such act, taking into consideration his employment,
BRIGANDS – ARTICLE 307 degree of intelligence, physical condition and other
(Asked 5 times) circumstances regarding persons, time and place.
Elements: Simple imprudence
1. Band of brigands Consists in the lack of precaution displayed in those

2. Offender knows the band to be of brigands cases in which the damage impending to be caused is
3. That the offender does any of the following acts: not immediate nor the danger clearly manifest.
a. In any manner aids, abets or protects such
band of brigands;
b. Gives information of the movements of police ANTI-TORTURE ACT OF 2009 –
or other peace officers of the government; or SECTIONS 3 (A, B), 4 AND 5, RA 9745
(Asked 5 times)
c. Acquires/receives property taken by brigands
Definitions [Sec. 3]:
TITLE XII: CRIMES AGAINST THE CIVIL STATUS a. Torture – an act by which:
OF PERSONS – PERFORMANCE OF ILLEGAL 1. Severe pain/suffering is intentionally inflicted
MARRIAGE CEREMONY – ARTICLE 352 on a person to obtain information/confession;
(Asked 5 times) 2. Punishing a person for an act he/she or a third
Persons Liable: Priests or ministers of any religious person has committed or is suspected of
denomination or sect, or civil authorities who having committed; or
performs the marriage ceremony with the knowledge 3. Intimidating/coercing a person/third person;
of its illegality or impediment or
4. For any reason based on discrimination, when
such pain or suffering is inflicted by or at the
QUASI-OFFENSES (OR CRIMINAL NEGLIGENCE) – instigation of or with the consent or
IMPRUDENCE AND NEGLIGENCE – ARTICLE 365 acquiescence of a person in authority or agent
(Asked 5 times) of a person in authority. It does not include
Quasi-offenses Punished: pain or Buffering arising only from, inherent
in or incidental to lawful sanctions.
1. Committing through reckless imprudence any act b. Other cruel, inhuman and degrading treatment
which, had it been intentional, would constitute a or punishment
grave or less grave felony or light felony; 1. Deliberate and aggravated treatment or
2. Committing through simple imprudence or punishment, not considered an act of torture
negligence an act which would otherwise 2. Inflicted by a person in authority or his/her
constitute a grave or a less serious felony; agent against a person under his/her custody,
3. Causing damage to the property of another 3. Which attains a level of severity causing
through reckless imprudence or simple suffering, gross humiliation or debasement..
imprudence or negligence;

● The level of severity to depend on 3. Confinement in solitary cells or secret
circumstances of the case, such as duration of detention places;
the treatment, its physical and mental effects, 4. Prolonged interrogation;
5. Preparing a prisoner for public display or
the sex, religion, age, health of victim. [Sec. 5]
public humiliation of a detainee or prisoner;
6. Causing unscheduled transfer of a person
Acts of Torture [Sec. 4]: deprived of liberty from one place to another,
creating the belief that he/she shall be
a. Physical torture – treatment or punishment summarily executed;
inflicted by a person in authority or his/her agent 7. Maltreating a member/s of a person's family;
upon another in his/her custody that causes 8. Causing the torture sessions to be witnessed;
severe pain, exhaustion, disability or dysfunction 9. Denial of sleep/rest;
of one or more parts of the body, such as: 10. Shame infliction such as stripping the person
1. Systematic beating, headbanging, punching, naked, parading him/her in public places,
kicking, striking with truncheon or other shaving the victim's head or putting marks on
similar objects, and jumping on the stomach; his/her body against his/her will;
2. Food deprivation or forcible feeding with 11. Deliberately prohibiting the victim to
spoiled food, excreta and substances not communicate with any member of his/her
normally eaten; family; and
3. Electric shock; 12. Other analogous acts.
4. Burning by cigarette; electrically heated rods,
hot oil, acid; rubbing of pepper or other
chemical substances on mucous membranes,
or acids or spices directly on wound(s); Define and/or discuss the following terms and rules:
5. Submersion of the head in water or water
polluted with excrement, urine, vomit and/or a. Women’s Honor Doctrine or Maria Clara
blood until the brink of suffocation; Doctrine
6. Being tied or forced to assume fixed and
stressful bodily position; It was held that it is a well-known fact that women,
7. Rape and sexual abuse, e.g. insertion of especially Filipinos, would not admit that they have
foreign objects into sex organs or rectum, or been abused unless that abuse had actually happened.
electrical torture of the genitals; This is due to their natural instinct to protect their
8. Mutilation or amputation of the essential parts honor. We cannot believe that the offended party
of the body; would have positively stated that intercourse took
9. Dental torture; place unless it did actually take place. [People v. Tano,
10. Pulling out of fingernails; 109 Phil. 102 (1960)]
11. Harmful exposure to the elements such as
sunlight and extreme cold; The Filipino woman was stereotyped as a demure and
12. Use of plastic bag and other materials placed reserved woman just like the personality of Maria
over the head to the point of asphyxiation; Clara in Noli Me Tangere.
13. Use of psychoactive drugs to change a
person’s perception, memory, alertness or will; b. Complex crime
- The administration or drugs to induce
confession and/or reduce mental A complex crime is governed by Article 48 of the
competency; or Revised Penal Code.
- The use of drugs to induce extreme pain
or certain symptoms of a disease; and In a complex crime, two or more crimes are actually
14. Other analogous acts of physical torture; and committed, however, in the eyes of the law and in the
conscience of the offender they constitute only one
crime, thus, only one penalty is imposed. There are
b. Mental/Psychological Torture – acts committed two kinds of complex crime. The first is known as a
by a person in authority or his/her agent which compound crime, or when a single act constitutes two
are calculated to affect or confuse the mind and/or or more grave or less grave felonies while the other is
undermine a person's dignity and morale, such as: known as a complex crime proper, or when an offense
1. Blindfolding; is a necessary means for committing the other. [People
2. Threatening a person/their relative with v. Jugueta, G.R. No. 202124, 5 April 2016]
bodily harm, execution or other wrongful acts;

c. Composite crime Service-connected offenses are those committed by
members of the Armed Forces of the Philippines and
A composite crime, also known as a special complex other persons subject to military law, including
crime, is composed of two or more crimes that the law members of the citizens Armed Forces Geographical
treats as a single indivisible and unique offense for Units, who violate Articles 54 to 70, Articles 72 to 92,
being the product of a single criminal impulse. It is a and Articles 95 to 97 of Commonwealth Act No. 408,
specific crime with a specific penalty provided by law. as amended, or the Articles of War. These do not
[People v. Villaflores, G.R. No. 184926, 11 April 2012] include common crimes defined and punished in the
Revised Penal Code and other special penal laws.
d. Habitual delinquent [Rep. Act No. 7055 (1991), sec. 1]
A person is deemed to be a habitual delinquent if, b. If you are the judge, will you grant the
within a period of ten years from the date of his last motion to transfer the trial of the cases from
release or last conviction of the crimes of serious or the civilian court to the court martial?
less serious physical injuries, robo (robbery), hurto
(theft), estafa or falsification, he is found guilty of any No, I will not grant the motion to transfer the trial of
of said crimes a third time or oftener. [Revised Penal the cases from the civilian court to the court martial.
Code, art. 62(5)]
Murder is a crime punishable under Article 248 of the
e. Chain of custody in drug cases Revised Penal Code (RPC), as amended, and is within
the jurisdiction of the RTC. The crime committed is not
―Chain of Custody‖ means the duly recorded service-connected under Republic Act No. 7055. It is
authorized movements and custody of seized drugs or not the fact that the act was committed during the
controlled chemicals or plant sources of dangerous performance of the duties of the military personnel
drugs or laboratory equipment of each stage, from the which makes it service-connected; rather, the relevant
time of seizure/confiscation to receipt in the forensic question is whether it is one of the violations of the
laboratory to safekeeping to presentation in court for Articles of War as enumerated in Section 1 of Republic
destruction. Such record of movements and custody of Act No. 7055 which classifies it service-connected.
seized item shall include the identity and signature of
the person who held temporary custody of the seized c. Are service-connected offenses absorbed in
item, the date and time when such transfer of custody the common crimes committed by military
were made in the course of safekeeping and use in personnel?
court as evidence, and the final disposition.
[Dangerous Drugs Board Regulation No. 1, Series of No, service-connected offenses are not absorbed in the
2002, sec. 1 (b)] common crimes committed by military personnel.
The Supreme Court has held that Rep. Act No. 7055
Ten (10) members of the Philippine Army received did not divest the military courts of jurisdiction to try
information about the presence of three (3) armed cases involving violations of Articles 54 to 70, Articles
persons in the vicinity, who were allegedly members 72 to 92, and Articles 95 to 97 of the Articles of War as
of the New Peoples Army. They reported that they these are considered "service-connected crimes or
had an encounter with the armed persons, all of offenses." In fact, it mandates that these shall be tried
whom were killed. The widows of the three slain by the court-martial.
persons filed separate complaints for murder and
three Informations for murder were subsequently Firstly, the doctrine of ―absorption of crimes‖ is
filed by the public prosecutor before the Regional peculiar to criminal law and generally applies to
Trial Court. The trial court issued arrest warrants for crimes punished by the same statute, unlike here
the accused military personnel but, before they could where different statutes are involved. Secondly, the
be arrested, the Judge Advocate General’s Office doctrine applies only if the trial court has jurisdiction
(“JAGO”) of the Armed Forces of the Philippines over both offenses. Here, Section 1 of R.A. 7055
filed a motion for the transfer of the three murder deprives civil courts of jurisdiction over service-
cases to a court martial as their acts allegedly
connected offenses, including Article 96 of the Articles
constitute service-connected offenses considering
of War. Thus, the doctrine of absorption of crimes is
that these were committed during a legitimate
not applicable to this case.
military operation.
a. What are service-connected offenses?

AA, while walking with his girlfriend, was stoned (a) Is Maria correct?
by ZZ and his siblings, YY and XX. EC reported the
incident to his older brother, JC, who then Maria is not correct.
accompanied AA to the group of ZZ, YY and AA. An
altercation occurred and ZZ stabbed to death JC. ZZ, Article 10 of the Revised Penal Code provides that the
YY and XX then took turns on beating up AA with Code shall be supplementary to special penal laws,
lead pipes and a bat. Due to the beatings, AA lost unless the latter should specially provide the contrary.
consciousness. Thinking that they have already
killed AA, ZZ, YY and XX fled. However, AA In Ladonga v. People, G.R. No. 141066, 17 February
survived as the wounds he suffered were not fatal or 2005, the Supreme Court explained that the main idea
mortal. and purpose of the article is embodied in the provision
that the ―code shall be supplementary‖ to special laws,
(a) What is the doctrinal rule where the unless the latter should specifically provide the
wound inflicted on the victim is not sufficient to contrary.
cause his death?
The Supreme Court then went on to discuss its
The doctrinal rule is that, where the wound inflicted previous rulings applying the provisions in the RPC to
on the victim is not sufficient to cause his death, the crimes punished in special penal laws, including the
crime is attempted only. Here, the wound on the thigh retroactive application of penal laws under Article 22,
of the victim was not fatal. The Supreme Court thus participation of principals under Article 17,
held that the crime was attempted murder because the confiscation of the instruments of the crime under
accused has not performed all the acts of execution Article 45, and subsidiary imprisonment under Article
that would have brought about death. [People v. 39, among others.
Trinidad, 165 SCRA 51 (1989)]
B.P. Blg. 22 does not expressly proscribe the
(b) Based on the facts discussed above, suppletory application of the provisions of the RPC.
was the crime frustrated or attempted? Thus, in the absence of a contrary provision in B.P. Blg.
22, the general provisions of the RPC which, by their
nature, are necessarily applicable, may be applied
The crime was frustrated.
suppletorily. This includes the principle of conspiracy
which was applied by the Supreme Court in this case.
While the wounds suffered by AA were not fatal or
mortal, ZZ and his siblings have already passed the
(b) What degree of proof is required to
subjective phase as they thought they have already
prove conspiracy?
inflicted a mortal wound and killed AA when he lost
consciousness. In this case, it is not the gravity of the
Conspiracy requires the same degree of proof required
wounds which determines whether a felony is
to establish the crime – proof beyond reasonable
attempted or frustrated but whether or not the
doubt. [People v. Gimpaya, G.R. No. 227395, 10
subjective phase in the commission of an offense has
January 2018]
been passed. [People v. Listerio, 335 SCRA 40 (2000)]
(c) How should conspiracy be alleged in
the Information?
The Spouses Jose and Maria wanted to buy a
Lamborghini worth Five Million Pesos. Maria urged
It depends on whether it is alleged as a crime in itself
her husband to issue a check for the purchase price
and they both rode on the Lamborghini on the way or as a rule for collectivizing criminal liability.
home. The check issued by Jose was dishonored
upon presentment for payment and they were not When conspiracy is alleged as a crime in itself, the
able to pay despite notice of dishonor. Jose and sufficiency of the allegations in the Information
Maria were charged in court for violation of Batas charging the offense is governed by Section 6, Rule 110
Pambansa Bilang 22 or the Bouncing Checks Law, of the Revised Rules of Criminal Procedure. The
although it was only Jose who signed and issued the complaint or information to be sufficient must state
check; Maria being charged on the basis of the name of the accused, designate the offense given
conspiracy. Maria argued that she cannot be tried for by statute, state the acts or omissions constituting the
violation of BP 22 as the principle of conspiracy offense, the name of the offended party, the
applies only to violations of the Revised Penal Code approximate date of the commission of the offense and
and not to crimes penalized under special penal the place where the offense was committed.
laws.

When conspiracy is charged as a crime, the act of The doctrine of pro reo, which pertains to the Latin
conspiring and all the elements of said crime must be phrase ―in dubio pro reo‖, is loosely translated in
set forth in the complaint or information. English as ―When in doubt, rule for the accused‖.
[Diño v. Olivares, G.R. No. 170447, 4 December 2009] It
The requirements on sufficiency of allegations are is not trite to remind that under the well-recognized
different when conspiracy is not charged as a crime in doctrine of pro reo every doubt is resolved in favor of
itself but only as the mode of committing the crime. the petitioner as the accused. Thus, the Court should
There is less necessity of reciting its particularities in consider all possible circumstances in his favor.
the Information because conspiracy is not the [Bongalon v. People, G.R. No. 169533, 20 March 2013]
gravamen of the offense charged.
This doctrine is in harmony with the established rule
Again, following the stream of our own jurisprudence, that the courts should strictly construe criminal laws
it is enough to allege conspiracy as a mode in the against the State and liberally in favor of the accused
commission of an offense in either of the following pursuant to the Constitutional presumption of
manner: (1) by use of the word "conspire," or its innocence.
derivatives or synonyms, such as confederate, connive,
collude, etc; or (2) by allegations of basic facts On the other hand, the Rule of Lenity mandates that, a
constituting the conspiracy in a manner that a person court, in construing an ambiguous criminal statute
of common understanding would know what is that sets out multiple or inconsistent punishments,
intended, and with such precision as would enable the should resolve the ambiguity in favor of the more
accused to competently enter a plea to a subsequent lenient punishment.‖ [Diño v. Olivares, G.R. No.
indictment based on the same facts. [Jose ―Jinggoy‖ 170447, 4 December 2009] The accused in this case is
Estrada v. Sandiganbayan, G.R. No. 148965, 26 held to be criminally liable but the doubt pertains to
February 2002] the penalty which should be imposed on him, which
should be resolved in favor of the more lenient
punishment.
Distinguish the following:
(c) Recidivism and Quasi-recidivism
(a) Ordinary complex crime and special
complex crime Recidivism is a generic aggravating circumstance
under Article 14(9) of the Revised Penal Code. A
There are distinctions between a composite crime, on person is considered a recidivist if, at the time of his
the one hand, and a complex or compound crime trial for one crime, he shall have been convicted by
under Article 48, Revised Penal Code, on the other final judgment of another crime embraced in the same
hand. title of the Revised Penal Code. Both crimes must be
felonies.
In a composite crime, the composition of the offenses
is fixed by law; in a complex or compound crime, the Being a generic aggravating circumstance, it will
combination of the offenses is not specified but increase the penalty for the crime committed.
generalized, that is, grave and/or less grave, or one Specifically, the penalty will be imposed in its
offense being the necessary means to commit the maximum period in the absence of any ordinary
other. mitigating circumstance. Recidivism, however, can be
offset by an ordinary mitigating circumstance.
For a composite crime, the penalty for the specified
combination of crimes is specific; for a complex or On the other hand, quasi-recidivism is a special
compound crime, the penalty is that corresponding to aggravating circumstance. A quasi-recidivist is one
the most serious offense, to be imposed in the who, after having been convicted by final judgment
maximum period. and before beginning to serve such sentence or while
serving the same, commits a felony. [REV. PEN. CODE,
A light felony that accompanies a composite crime is art. 160] The second crime must be a felony, but the
absorbed; a light felony that accompanies the first crime need not be a felony; it may be a felony or
commission of a complex or compound crime may be an offense.
the subject of a separate information. [People v.
Villaflores, G.R. No. 184926, 11 April 2012] Quasi-recidivism is considered as a special
aggravating circumstance and the offender will be
(b) Doctrine of Pro Reo and Rule of punished by the maximum period of the penalty
lenity prescribed by law for the new felony. As a special

aggravating circumstance, it cannot be offset by an appealed to the Regional Trial Court, but the RTC
ordinary mitigating circumstance. denied his appeal. On appeal to the Court of
Appeals, the latter dismissed it because (i) Private
(d) Reclusion perpetua and Life Complainant Brian did not have the legal standing to
imprisonment file the appeal, as it should be the Office of the
Solicitor General which should have filed the same;
Reclusion perpetua and life imprisonment are not the and (ii) the MTC correctly denied the Motion to
same. [People v. Mobe, G.R. No. L-1292, 24 May 1948] Impose Subsidiary Penalty as it was not imposed as
part of its judgment.
Reclusion perpetua is imposed for felonies under the
Revised Penal Code while life imprisonment is (a) What is subsidiary penalty?
imposed for offenses punished under special penal
laws. Subsidiary penalty provided in Article 39 of the
Revised Penal Code is a subsidiary personal liability to
Reclusion perpetua has accessory penalties, whereas be suffered by the convict who has no property with
life imprisonment does not carry with it any accessory which to meet the fine imposed by a court in its final
penalty. judgment at the rate of one (1) day for each amount
equivalent to the highest minimum wage rate
Article 27 of the Revised Penal Code provides that the prevailing in the Philippines at the time of the
duration of reclusion perpetua is from 20 years and 1 rendition of the judgment of conviction by the trial
day to 40 years while life imprisonment does not court. [Article 39, Revised Penal Code as amended by
appear to have any definite extent or duration. [SC Rep. Act No. 1059110159 (2012)]
Administrative Circular No. 6-A-92, 21 June 1993]
(b) Can the Private Complainant alone
(e) Reckless imprudence and Simple file an appeal assailing a judgment in a criminal case
imprudence before the Court of Appeals or the Supreme Court?
Reckless imprudence and simple imprudence are No.

punished as quasi-offenses under Article 365 of the
Revised Penal Code. In the appeal of criminal cases before the Court of
Appeals or the Supreme Court, the authority to
The two are distinguished only as to whether the represent the People is vested solely in the Solicitor
danger that would be impending is easily perceivable General. The OSG is the appellate counsel of the
or not. If the danger that may result from the criminal People of the Philippines in all criminal cases.
negligence is clearly perceivable, the imprudence is
reckless. If it could hardly be perceived, the criminal The interest of the private complainant is limited only
negligence would only be simple. to the civil liability arising from the crime. [People,
through Private Complainant Brian Victor Britchford
Article 365 of the Revised Penal Code states that v. Salvador Alapan, G.R. No. 199527, 10 January 2018]
simple imprudence consists in the lack of precaution
displayed in those cases in which the damage (c) Was the MTC correct in denying the
impending to be caused is not immediate nor the Motion to Impose Subsidiary Penalty?
danger clearly manifest. As such, if the damage or
danger is immediate or clearly manifest and the Yes, the MTC was correct in denying the Motion to
offender exhibits lack of precaution, it would be Impose Subsidiary Penalty.
considered as reckless imprudence.
Subsidiary penalty may be served by the convict only
if it is imposed expressly in the judgment of the court
Salvador and his wife, Myrna, were charged with pursuant to Article 78 of the Revised Penal Code
eight (8) counts of violation of Batas Pambansa stating that no penalty shall be executed except by
Bilang 22. Salvador was convicted but his wife was virtue of a final judgment and a penalty shall not be
acquitted because she did not participate in the executed in any other form than that prescribed by
issuance of the checks. Salvador was penalized with law, nor with any other circumstances or incidents
fine only. During execution, Salvador was not able to other than those expressly authorized thereby.
pay the fine and the writ of execution was returned
unsatisfied. Private Complainant Brian filed a Here, the judgment of conviction did not provide
Motion to Impose Subsidiary Penalty, which was subsidiary imprisonment in case of failure to pay the
denied by the Metropolitan Trial Court (“MTC”). He penalty of fine. Thus, subsidiary imprisonment may
not be imposed without violating the RPC and the Penal Code, the trial court judge required Pedro to
constitutional provision on due process. [People, render community service instead. The private
through Private Complainant Brian Victor Britchford complainant assailed the punishment imposed by
v. Salvador Alapan, G.R. No. 199527, 10 January 2018] the judge, arguing that laws should be applied
prospectively and, as such, the Community Service
Act should not be applied to Pedro because he
Distinguish estafa by postdating a check under committed the crime prior to its effectivity. Besides,
Article 315(2)(d) of the Revised Penal Code and Article 21 of the Revised Penal Code expressly
issuing a bouncing check under Batas Pambansa provides that no felony shall be punishable by any
Bilang 22. penalty not prescribed by law prior to its
commission.
While sourced from the same act, i.e., the issuance of a
check subsequently dishonored, estafa and violation of (a) Rule on the objection of the private
B.P. Blg. 22 are separate and distinct from each other complainant.
because they pertain to different causes of action.
The objections should be denied.
The Supreme Court has held that, among other The Community Service Act is favorable to the
differences, damage and deceit are essential elements accused, Pedro, and should be applied retroactively
for estafa under Article 315 2(d) of the RPC, but are not pursuant to Article 22 of the Revised Penal Code,
so for violation under B.P. Blg. 22. Under the latter which mandates that penal laws shall have a
law, mere issuance of a check that is dishonored gives retroactive effect insofar as they favor the person
rise to the presumption of knowledge on the part of guilty of a felony who is not a habitual criminal.
the drawer that he issued the same without sufficient
funds and hence punishable which is not so under the The Community Service Act is a penal law as it
Penal Code. modifies the penalties imposed on certain crimes. On
the other hand, Pedro is entitled to the retroactive
Other differences between the two also include the application of the penal law because he is not a
following: (1) a drawer of a dishonored check may be habitual delinquent.
convicted under Batas Pambansa Bilang 22 even if he
had issued the same for a preexisting obligation, while (b) Will the Indeterminate Sentence Law
under Article 315 (2d) of the Revised Penal Code, such apply in this case?
circumstance negates criminal liability; (2) specific and
different penalties are imposed in each of the two No, the Indeterminate Sentence Law will not apply in
offenses; (3) estafa is essentially a crime against this case.
property, while violation of Batas Pambansa Bilang 22
is principally a crime against public interest as it does Section 2 of Act No. 4103 (1933) or the Indeterminate
injury to the entire banking system; (4) violations of Sentence Law provides that it will not apply to those
Article 315 of the Revised Penal Code are mala in se, whose maximum term of imprisonment does not
while those of Batas Pambansa Bilang 22 are mala exceed one year.
prohibita. [Batac v. People, G.R. No. 191622, 6 June
2018]
Upon his conviction by the Metropolitan Trial Court
of the crime of reckless imprudence resulting to
On 8 August 2019, President Duterte signed Republic homicide which is punishable by arresto mayor in its
Act No. 11362 or the Community Service Act which maximum period to prison correccional in its
authorizes a court, in its discretion to require medium period, Jose filed an appeal before the
community service in lieu of imprisonment in jail for Regional Trial Court pursuant to the advice of his
offenses punished by arresto menor or arresto mayor. private counsel. Thereafter, he met his lawyer-friend
It took effect on 1 September 2019. who told him that, since his penalty was below six
years, he could avail of probation so that he need not
Pedro, who has not been convicted of any crime, was go to prison. As such, he went back to court and filed
charged for the first time of a crime, specifically a motion withdrawing his appeal and applying
unjust vexation under Article 287 of the Revised instead for probation. As the judge, will you grant
Penal Code, on 15 January 2019. After eight months his motion?
of trial, he was convicted of unjust vexation in a
judgment rendered on 15 September 2019. Instead of No, I will not grant the motion to withdraw the appeal
imposing the sentence of arresto menor, which is the as probation and appeal are mutually exclusive
prescribed penalty under Article 287 of the Revised remedies.

The Chief of Police of Tanauan City and his deputy
Probation is a special privilege granted by the state to went to the residence of AA, where several
a penitent qualified offender. It essentially rejects individuals were reported to have discharged their
appeals and encourages an otherwise eligible convict firearms during a local fiesta. When the Chief of
to immediately admit his liability and save the state of Police and his deputy were about to apprehend the
time, effort and expenses to jettison an appeal. The law suspects, they saw five men, AA, BB, CC, DD, and EE
expressly requires that an accused must not have drinking liquor who subsequently overpowered the
appealed his conviction before he can avail of two of them. The two policemen were shot and
probation. This outlaws the element of speculation on killed by the accused. Two Informations for Direct
the part of the accused - to wager on the result of his Assault upon Agent of a Person in Authority with
appeal — that when his conviction is finally affirmed Homicide defined and penalized under Articles 148
on appeal… he now applies for probation as an and 249, in relation to Article 48, of the Revised Penal
"escape hatch" thus rendering nugatory the appellate Code were filed the Regional Trial Court of Tanauan
City. The two Informations stated thus:
court's affirmance of his conviction.
“Criminal Case No. 1
Aside from the goals of according expediency and
liberality to the accused, the rationale for the treatment That on or about the 4th day of June, 1995, at
of appeal and probation as mutually exclusive about 5:00 o'clock in the afternoon, at Tanauan, Province
remedies is that they rest on diametrically opposed of Batangas, Philippines, and within the jurisdiction of
legal positions. An accused applying for probation is this Honorable Court, the above-named accused,
deemed to have accepted the judgment. The conspiring and confederating together, acting in common
accord and mutually helping one another, AA while
application for probation is an admission of guilt on
armed with an Armalite Rifle, with intent to kill and
the part of an accused for the crime which led to the without any justifiable cause, did then and there wilfully,
judgment of conviction. This was the reason why the unlawfully and feloniously attack, assault and shoot with
Probation Law was amended: precisely to put a stop to the said firearm one SP02 Pedro Jose, a bonafide member
the practice of appealing from judgments of conviction of the Philippine National Police assigned at Tanauan
– even if the sentence is probationable – for the Police Station, while engaged in the performance of his
purpose of securing an acquittal and applying for the official duties as peace officer, and while the latter is
being held from the back by BB, CC, DD and EE, thereby
probation only if the accused fails in his bid. [Francisco
hitting and inflicting upon the said SP02 Pedro Jose
v. Court of Appeals, 243 SCRA 384 (1995)] gunshot wounds on his body which caused his
instantaneous death.
Juan was convicted by the Regional Trial Court of a
crime and sentenced to suffer the penalty of Contrary to law.
imprisonment for a minimum of eight years. He
appealed both his conviction and the penalty Criminal Case No. 2
imposed upon him to the Court of Appeals. The
That on or about the 4th day of June, 1995, at
appellate court sustained Juan’s conviction but
about 5:00 o'clock in the afternoon, at Tanauan, Province
reduced his sentence to a maximum of four years and of Batangas, Philippines, and within the jurisdiction of
eight months imprisonment. Could Juan forthwith this Honorable Court, the above-named accused,
file an application for probation? Explain. conspiring and confederating together, acting in common
accord and mutually helping each other, AA while armed
Yes, Juan can file an application for probation. with an Armalite Rifle, with intent to kill and without any
justifiable cause, did then and there wilfully, unlawfully
Republic Act No. 10707 (2015) has amended Section 4 and feloniously attack, assault and shoot with the said
firearm, one P/Chief Inspector Anton Bernardo, a bonafide
of the Presidential Decree No. 968 or the Probation
member of the Philippine National Police and
Law where, when a judgment of conviction imposing concurrently the Chief of Police of Tanauan, Batangas,
a non-probationable penalty is appealed or reviewed, while engaged in the performance of his official duties as
and such judgment is modified through the imposition peace officer, and while the latter is being held at the back
of a probationable penalty, the defendant shall be including his two arms by DD and EE and the barrel of his
allowed to apply for probation based on the modified armalite rifle is being held by AA and BB, thereby hitting
decision before such decision becomes final. The and inflicting upon the said P/Chief Inspector Anton
Bernardo gunshot wounds on his head which caused his
application for probation based on the modified instantaneous death.”
decision shall be filed in the trial court where the
judgment of conviction imposing a non-probationable The RTC convicted all five accused, who appealed to
penalty was rendered, or in the trial court where such the Supreme Court, arguing that not all the elements
case has since been re-raffled. of Direct Assault have been alleged in the
Information.

Will you sustain their convictions for the complex increased penalty. Due to such requirement being pro
crime of Direct Assault with Homicide? If not, what reo, the Supreme Court has authorized its retroactive
crime or crimes did they commit and what application in favor of even those charged with
circumstances would you appreciate against them? felonies committed prior to December 1, 2000 (i.e., the
date of the effectivity of the 2000 Revised Rules of
I will not sustain the conviction for the Complex Crime Criminal Procedure that embodied the requirement).
of Direct Assault Upon an Agent of a Person in
Authority with Homicide. They are guilty only of Therefore, the accused can only be convicted of the
Homicide. crime of Homicide instead of the complex crime of
Direct Assault Upon an Agent of a Person in Authority
While the elements constituting the crime of Homicide with Homicide due to the simple reason that the
were properly alleged in the two Informations and Informations do not sufficiently charge the latter.
were duly established in the trial, the said [Guelos v. People, G.R. No. 177000, 19 June 2017]
Informations, however, failed to allege all the elements TRUE or FALSE. Answer TRUE is the statement if
constitutive of the applicable form of direct assault. To true, or FALSE if the statement is false. Explain your
be more specific, the Informations do not allege that answer briefly.
the offenders/petitioners knew that the ones they
were assaulting were agents of a person in authority, (a) Only convicts by final judgment can
in the exercise of their duty. earn good conduct time allowance.
In the course of the trial, the evidence presented FALSE.

sufficiently established the foregoing allegations
including the fact that the accused came to know that Under Rep. Act No. 10592, the Good Conduct Time
the victims were agents of a person in authority, as the Allowance has been extended even to those
latter introduced themselves to be members of the undergoing preventive imprisonment or to detention
PNP. prisoners, as opposed to the old rule which grants
GCTA for good behavior of prisoners serving their
Nevertheless, the establishment of the fact that term as convicts only
accused came to know that the victims were agents of
a person in authority cannot cure the lack of allegation (b) Rebellion is absorbed in the crime of
in the Informations that such fact was known to the terrorism.
accused which renders the same defective. In addition,
neither can this fact be considered as a generic FALSE.
aggravating circumstance under paragraph 3 of Article
14 of the RPC for acts committed with insult or in Terrorism neither negatives nor absorbs rebellion.
disregard of the respect due the offended party on While rebellion may be being one of the various means
account of his rank to justify the imposition of an by which terrorism can be committed, the purpose of
increased penalty against the accused. terrorism is distinct from the objectives in rebellion
which are political. While rebellion is one of the
The 2000 Revised Rules of Criminal Procedure predicate crimes of terrorism, one cannot absorb the
requires that every element of the offense must be other as they have different elements. [Lagman v.
alleged in the complaint or information so as to enable Medialdea, G.R. No. 231658, 4 July 2017]
the accused to suitably prepare his
defense. Corollarily, qualifying circumstances or (c) When a loose firearm is used in
generic aggravating circumstances will not be furtherance of or in connection with the commission
appreciated by the Court unless alleged in the of the crimes of rebellion, insurrection or attempted
Information as required in Sections 8 and 9 of Rule 110 coup d’etat, it is considered it is considered absorbed
of the Rules of Court. in the said crimes.
The 2000 Revised Rules of Criminal Procedure TRUE.

explicitly mandates that qualifying and aggravating
circumstances must be stated in ordinary and concise Under the Comprehensive Firearms and Ammunition
language in the complaint or information. When the Regulation Act or Republic Act No. 10591 (2012), if the
law or rules specify certain circumstances that can use of loose firearms is in furtherance of, or incident
aggravate an offense or that would attach to such to, or in connection with the crime of rebellion, of
offense a greater penalty than that ordinarily insurrection, or attempted coup d’ etat, such violation
prescribed, such circumstances must be both alleged shall be absorbed as an element of the crime of
and proven in order to justify the imposition of the rebellion or insurrection or attempted coup d’etat.
(d) Rape committed against a mental Can a first-time minor offender avail of probation in
retardate is statutory rape because the victim is drug cases? What if the crime he committed is drug
considered as a demented person. trafficking or pushing, can a first-time minor
offender be granted probation?
FALSE.
Yes, a first-time minor offender may apply and be
The term demented refers to a person who has placed on probation..
dementia, which is a condition of deteriorated
mentality, characterized by marked decline from the However, if the accused minor offender commits and
individual’s former intellectual level and often by is convicted of drug trafficking or pushing, he is
emotional apathy, madness or insanity. disqualified from availing of probation. Any person
convicted for drug trafficking or pushing, regardless of
A person clinically diagnosed as a mental retardate the penalty imposed, cannot avail of the privilege
can be properly classified as a person who is granted by the Probation Law. (Section 24 of Rep. Act
―deprived of reason‖, under Article 266-A, par 1(b) of No. 9165; Padua v. People, G.R. No. 168546, 23 July
the Revised Penal Code, but not a demented person. 2008 )
[People v. Caoile, G.R. No. 203041, 5 June 2013]
(e) The void for vagueness doctrine In what instances may drug testing be allowed?
applies to penal statutes.
i. Ownership and possession of firearm
TRUE. requires that the applicant shall pass a
drug test [Rep. Act No. 9165, sec. 36(b)
The void for vagueness doctrine may be applied to and Rep. Act No. 10591, sec. 4(c)]
penal statutes but only on an as-applied challenge and ii. Students of secondary and tertiary schools
not through a facial challenge. [Estrada v. as long as it is random and suspicionless
Sandiganbayan, 421 SCRA 290 (2001) and Southern [Rep. Act No. 9165, sec. 36 (c)]
Hemisphere Engagement Network, Inc. v. Anti- iii. Officers and employees of public and
Terrorism Council, 632 SCRA 146 (2010)] private offices as long as it is random and
suspicionless [Rep. Act No. 9165, sec. 36
(d)]
What are the subjective test and objective test in iv. Officers and members of the military,
entrapment? police and other law enforcement agencies
[Rep. Act No. 9165, sec. 36 (e)]
When entrapment is raised as a defense, the v. Any person apprehended or arrested for
"subjective" or "origin of intent" test may be used to violating the provisions of Rep. Act No.
determine whether entrapment actually occurred. The 9165, meaning, a drug-related case [Rep.
focus of the inquiry is on the accused's predisposition Act No. 9165, sec. 38]
to commit the offense charged, his state of mind and vi. A driver of a motor vehicle involved in a
inclination before his initial exposure to government vehicular accident resulting in the loss of
agents. All relevant facts such as the accused's mental human life or physical injuries shall be
and character traits, his past offenses, activities, his subjected to chemical tests, including a
eagerness in committing the crime, his reputation, etc., drug screening test and, if necessary, a
are considered to assess his state of mind before the drug confirmatory test as mandated under
crime. Republic Act No. 9165, to determine the
presence and/or concentration of alcohol,
On the other hand, in the "objective" test, the court dangerous drugs and/or similar
considers the nature of the police activity involved and substances in the bloodstream or body
the propriety of police conduct. The inquiry is focused [Rep. Act No. 10586, sec. 7]
on the inducements used by government agents, on
police conduct, not on the accused and his
predisposition to commit the crime. The test of What is the multiple republication rule?
entrapment is whether the conduct of the law
enforcement agent was likely to induce a normally The "multiple publication rule" states that a single
law-abiding person, other than one who is ready and defamatory statement, if published several times, gives
willing, to commit the offense [People v. Doria, G.R. rise to as many offenses as there are publications.
No. 125299, 22 January 1999]. Every time the same written matter is communicated,
such communication is considered a distinct and
separate publication of the libel. [Brillante v. Court of 2. In incomplete justifying or exempting
Appeals, 440 SCRA 541 (2004)] circumstances where majority of the elements
or conditions are present under Article 69 of
the Revised Penal Code, the penalty will be
May a person, who is not the original author of the one or two degrees lower than that prescribed
libelous article, be held criminally liable for by the law
republication thereof? 3. When there are two or more mitigating
circumstances and no aggravating
Yes, the maker of a libelous republication or repetition, circumstances under Article 64(5) of the
although not liable for the results of the primary Revised Penal Code, the penalty next lower to
publication, is liable for the consequences of a that prescribed by law shall be imposed
subsequent publication which he makes or participates 4. Concealment of dishonor of mother or
in making. It is no justification that the defamatory maternal grandparents in infanticide under
matter is previously published by a third person, Article 255 of the Revised Penal Code
provided malice is present. [Vicario v. Court of 5. Voluntary release of kidnapped victim within
Appeals, G.R. No. 124491, 1 June 1999] three days from the commencement of the
detention, without having attained the
purpose intended, and before institution of
Can one be held liable for libel and then for cyber criminal proceedings in Slight illegal detention
libel in case a libelous article was published in under Article 268 of the Revised Penal Code
writing and then subsequently published online? 6. Abandonment of guilty wife in adultery under
Article 333 of the Revised Penal Code
No.
Cyber libel as punished in Republic Act No. 10175 In what instances will the penalty be imposed
(2012) is constitutional. However, there will only be always in its maximum period, regardless of the
one prosecution for cyber libel and no prosecution existing of ordinary mitigating circumstances?
anymore for libel under the RPC. The penalty is one
degree higher than that imposed in the Revised Penal 1. In complex crimes under Article 48 of the
Code. [Jose Jesus M. Disini, Jr. v. Secretary of Justice, Revised Penal Code where the imposable
G.R. No. 203335, 11 February 2014] penalty shall be the penalty for the most
serious crime to be imposed in its maximum
period
Will a person who shares, likes or comments on a 2. In the penalty for mistake in identity or error
libelous article posted online be criminally liable for in personae as provided in Article 49 of the
cyber libel? Revised Penal Code, where the imposable
penalty is the penalty for the intended or
No. resulting crime, whichever is lower, to be
imposed in its maximum period
The provision punishing aiding or abetting online libel 3. When, in the commission of the crime,
in the Cybercrime Act was declared by the Supreme advantage was taken by the offender of his
Court as unconstitutional. public position under Article 62(1)(a) of the
Revised Penal Code
Thus, sharing, liking or commenting is not punishable 4. When the offense is committed by any person
and only the original author is liable. [Jose Jesus M. who belongs to an organized/syndicated
Disini, Jr. v. Secretary of Justice, G.R. No. 203335, 11 crime group under Article 62(1)(a) of the
February 2014] Revised Penal Code, with an
organized/syndicated crime group defined as
a group of two or more persons collaborating,
What are considered as privileged mitigating confederating or mutually helping one
circumstances? another for purposes of gain in the
commission of any crime
1. When the offender is a person over 15 years of 5. In quasi-recidivism under Article 160 of the
age and under 18 years of age who acted with Revised Penal Code
discernment under Article 68 of the Revised 6. In robbery with physical injuries, committed
Penal Code, the penalty will be one degree in an uninhabited place and by a band, or with
lower than that prescribed by the law the use of firearm on a street, road or alley
under Article 295 of the Revised Penal Code
Antonio, a former mayor, was charged with seven (7) consented to the taking of the sex video, which they
counts of rape. He was convicted and sentenced to stored in Jose’s cellphone. However, when they
seven (7) reclusion perpetua. He questioned the graduated, they had a hard breakup. Maria found
imposition of the seven (7) reclusion perpetua as it another partner, which made Jose jealous. Jose
would be impossible for him to serve such period of circulated their sex video to his friends. Maria filed a
imprisonment. complaint for violation of Republic Act No. 9995 or
the Anti-Photo and Video Voyeurism Act of 2009. In
(a) What is the difference between defense, Jose argued that Maria consented to the
imposition and service of penalties? Can the court taking of the sex video and he is not criminally
impose seven (7) reclusion perpetua? liable. Rule on Jose’s defense.
. The imposition of the proper penalty or penalties is Jose’s defense is not tenable.
determined by the nature, gravity and number of
offenses charged and, proved, whereas service of Republic Act No. 9995 or the Anti-Photo and Video
sentence is determined by the severity and character of Voyeurism Act of 2009 punishes several acts including
the penalty or penalties imposed. the taking of the photo or video coverage without the
In the imposition of the proper penalty or penalties, consent of the persons involved, copying or
the court does not concern itself with the possibility or reproduction thereof, selling or distribution, and
practicality of the service of the sentence, since actual publication or broadcasting or showing or exhibition
service is a contingency subject to varied factors like of the photo or video.
successful escape of the convict, grant of executive
clemency or natural death of the prisoner. While the parties in this case consented to the taking
All that go into the imposition of the proper penalty or and recording of the sex video, they did not consent to
penalties, to reiterate, are the nature, gravity and the publication, showing or exhibition thereof. Section
number of the offenses charged and proved and the 4 of Rep. Act No. 9995 states that the prohibitions
corresponding penalties prescribed by law. [People v. pertaining to copying, reproduction, sale or
Peralta, 25 SCRA 759 (1968)] distribution or showing and exhibition apply
notwithstanding that consent to record or take photo
A court may impose three death sentences which can or video coverage of the same was given by the
be served simultaneously. So, it is legally possible to person/s involved.
impose seven (7) reclusion perpetua. [People v.
Peralta, 25 SCRA 759 (1968)]
AAA, 15 years old, was sexually molested by her
(b) How would Antonio serve the seven father, Noel, who was charged in the Information
(7) reclusion perpetua? with rape through sexual intercourse before the
Regional Trial Court (“RTC”). The Information
Article 70 of the Revised Penal Code governs the alleged that Noel had sexual intercourse with AA, a
service or execution of two or more penalties. First, the minor, fifteen (15) years old and his daughter,
convict shall serve them simultaneously if the nature through force, threat and intimidation against her
of the penalties will so permit; otherwise, the penalties will. During the trial, AAA testified that her father,
will be executed successively or as nearly as possible, Noel, sexually molested her at their house. Noel
based on the severity of the penalties. kissed her lips, touched and mashed her breast,
inserted the fourth finger of his left hand into her
Notwithstanding these rules, the maximum duration vagina, and made a push and pull movement into her
of the convict’s sentence shall not be more than vagina with such finger for 30 minutes.
threefold the length of time correspond ding to the
most severe of the penalties imposed on him. No other The RTC did not convict Noel of rape through sexual
penalty to which he may be liable shall be inflicted intercourse but rape through sexual assault.
after the sum total of those imposed equals the same
maximum period. This is called the three-fold rule. (a) Was the conviction for rape through
sexual assault proper when Noel was charged in the
Information for rape through sexual intercourse?
Finally, such maximum period shall in no case exceed
forty (40) years.
No.
Jose and Maria were long-term sweethearts in The prosecution was able to establish rape through
college. In one of their sexual acts, they decided to sexual assault but not rape through sexual
take a video thereof for posterity. They thus intercourse.The variance doctrine cannot be applied to

convict an accused of rape by sexual assault if the the child. [Section 2 of the rules and regulations of R.A.
crime charged is rape through sexual intercourse, since No. 7610.]
the former offense cannot be considered subsumed in
the latter. [People v. Caoili, G.R. No. 196342, 8 August [People v. Caoili, G.R. No. 196342, 8 August 2017.]
2017]
(c) Who is considered as a “child” or
An accused charged in the Information with rape by “children” under Republic Act No. 7610?
sexual intercourse cannot be found guilty of rape by
sexual assault, even though the latter crime was "Children" refers to persons below eighteen (18) years
proven during trial. of age or those over but are unable to fully take care of
themselves or protect themselves from abuse, neglect,
The first mode is not necessarily included in the cruelty, exploitation or discrimination because of a
second, and vice-versa. The Supreme Court has held, physical or mental disability or condition. [Rep. Act
in People v. Abulon, since the charge in the No. 7610, sec. 3(a)]
Information is rape through carnal knowledge,
appellant cannot be found guilty of rape by sexual (d) Does the term subjected to other
assault although it was proven, without violating his sexual abuse require that the child should have been
constitutional right to be informed of the nature and previously subjected to sexual abuses several times?
cause of the accusation against him.
It has been settled that Section 5(b) of R.A. No. 7610
(b) In case Noel cannot be convicted for does not require a prior or contemporaneous abuse
any kind of rape under Article 266-A of the Revised that is different from what is complained of, or that a
Penal Code, could he be convicted of any other crime third person should act in concert with the accused.
under the same Information? [People v. Caoili, G.R. No. 196342, 8 August 2017]
Noel can be convicted of lascivious conduct and sexual

abuse under Section 5(b) of Republic Act No. 7610,
which states: ―SEC. 5. Child Prostitution and Other
Sexual Abuse. Children, whether male or female, who
for money, profit, or any other consideration or due to
the coercion or influence of any adult, syndicate or
group, indulge in sexual intercourse or lascivious
conduct, are deemed to be children exploited in
prostitution and other sexual abuse.‖
The elements of sexual abuse under Section 5(b) of

R.A. No. 7610 are as follows:
1. The accused commits the act of sexual
intercourse or lascivious conduct;
2. The said act is performed with a child
exploited in prostitution or subjected to other
sexual abuse; and
3. The child, whether male or female, is below 18
years of age.
The prosecution's evidence has sufficiently established

the elements of lascivious conduct under Section 5(b)
of R.A. No. 7610. The evidence confirms that Noel
committed lascivious acts against AAA, who was 14
years old, when he kissed her lips, touched and
mashed her breast, and inserted his finger into her
vagina and made a push and pull movement with
such finger for 30 minutes
Noel's acts are clearly covered by the definitions in the

law, of "sexual abuse"—which includes molestation—
and "lascivious conduct"—which includes intentional
touching, of the body parts mentioned in the facts, of

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CRIMINAL LAW FUNDAMENTALS CIRCUMSTANCES AFFECTING CRIMINAL

LIABILITY – MITIGATING CIRCUMSTANCES

UP LAW TRAINING AND CONVENTION DIVISION Page 1 of 25

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● Fitted by his training for release,

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a. 100 meters of a school

Point of Comparison MIS MP

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CIRCUMSTANCES AFFECTING CRIMINAL

UP LAW CENTER TRAINING AND CONVENTION DIVISION Page 8 of 25

1. Imbecility or an insanity [Art. 12, par. 1]

UP LAW CENTER TRAINING AND CONVENTION DIVISION Page 9 of 25

PENALTIES – EXECUTION AND SERVICE –

1. After having convicted and sentenced a defendant,

Elements: 1. Consummated Felony – When all the elements

1. Offense committed while on a PH Rules on Special Cases [Arts. 101-103]:

UP LAW CENTER TRAINING AND CONVENTION DIVISION Page 11 of 25

UP LAW CENTER TRAINING AND CONVENTION DIVISION Page 12 of 25

Elements: Simple imprudence

1. Band of brigands Consists in the lack of precaution displayed in those

UP LAW CENTER TRAINING AND CONVENTION DIVISION Page 13 of 25

UP LAW CENTER TRAINING AND CONVENTION DIVISION Page 14 of 25

a. What are service-connected offenses?

UP LAW CENTER TRAINING AND CONVENTION DIVISION Page 15 of 25

UP LAW CENTER TRAINING AND CONVENTION DIVISION Page 16 of 25

UP LAW CENTER TRAINING AND CONVENTION DIVISION Page 17 of 25

Reckless imprudence and simple imprudence are No.

UP LAW CENTER TRAINING AND CONVENTION DIVISION Page 19 of 25

UP LAW CENTER TRAINING AND CONVENTION DIVISION Page 20 of 25

In the course of the trial, the evidence presented FALSE.

The 2000 Revised Rules of Criminal Procedure TRUE.

UP LAW CENTER TRAINING AND CONVENTION DIVISION Page 24 of 25

Noel can be convicted of lascivious conduct and sexual

The elements of sexual abuse under Section 5(b) of

The prosecution's evidence has sufficiently established

Noel's acts are clearly covered by the definitions in the

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