Criminal Law Book 1 (JEMAA)
Criminal Law Book 1 (JEMAA)
Criminal Law Book 1 (JEMAA)
3815
- The Revised Penal Code
- took effect on January 1, 1932
ARTICLE 11
JUSTIFYING CIRCUMSTANCES
- where the act of a person is in accordance with law such that said person is deemed not to have
violated the law
- no criminal and civil liability incurred
Exception: Paragraph 4 (civil liability is assumed by persons benefited by the act)
Self-Defense
Requisites:
1. Unlawful aggression.
- actual physical assault or aggression or an immediate and imminent threat, which must be
offensive and positively strong
2. Reasonable necessity of the means employed to prevent or repel it.
Test of reasonableness depends on:
1. weapon used by aggressor
2. physical condition, character, size and other circumstances of aggressor
3. physical condition, character, size and circumstances of person defending himself
4. place and occasion of assault
3. Lack of sufficient provocation on the part of the person defending himself.
Illustration:
A and B are long standing enemies. Because of their continuous quarrel over the boundaries of
their adjoining properties, when A saw B one afternoon, he approached the latter in a menacing
manner with a bolo in his hand. When he was about five feet away from B, B pulled out a
revolver and shot A on the chest, killing him. Is B criminally liable?
- not justified, B is liable
- holding a bolo in the hand is not considered an unlawful aggression unless he raises his
arm with the bolo
Defense of Relative
- a person who acts in defense of the person or rights of his:
a. spouse
b. ascendants
c. descendants
d. legitimate, natural or adopted brothers or sisters
e. relatives by affinity in the same degrees
f. relatives by consanguinity within the fourth civil degree (until first cousin)
Requisites:
1. Unlawful Aggression.
2. Reasonable necessity of the means employed to prevent or repel it.
3. In case the provocation was given by the person attacked, the one making the defense had no part
in such provocation.
Defense of Stranger
- a person acts in defense of the person or rights of a stranger
Requisites:
1. Unlawful Aggression.
2. Reasonable necessity of the means employed to prevent or repel it.
3. The person defending be not induced by revenge, resentment or other evil motive.
State of Necessity
- a person who, in order to avoid an evil or injury, does not act which causes damage to another
- with civil liability (based on the benefit derived)
Requisites:
1. That the evil sought to be avoided actually exists.
2. That the injury feared be greater than that done to avoid it.
3. That there be no other practical and less harmful means of preventing it.
- necessity must not be due to the negligence or violation of any law by the actor
Illustration:
A police officer is justified in shooting and killing a criminal who refuses to stop when ordered to
do so, and after such officer fired warning shots in the air.
ARTICLE 12
EXEMPTING CIRCUMSTANCES
- those ground for exemption from punishment because there is wanting in the agent of the crime of
any of the conditions which make the act voluntary, or negligent.
Minority
- offender is under 9 years of age at the time of the commission of the crime (absolute criminal
irresponsibility)
Irresistible force – offender uses violence or physical force to compel another person to
commit a crime
Note:
a. Duress - should be based on real, imminent or reasonable fear for one’s life or limb not be
inspired by speculative, fanciful or remote fear.
b. Threat of future injury is not enough. The compulsion must leave no opportunity to the accused
for escape or self-defense in equal combat.
Illustration:
One is compelled under fear of death to join the rebels.
- not liable for rebellion because he acted under the impulse of uncontrollable fear of an
equal or greater injury
Insuperable cause
- person fails to perform an act required by law, when prevented by some lawful insuperable cause
Insuperable cause – a cause which has lawfully, morally or physically prevented a person to
do what the law commands.
Requisites:
1. That an act is required by law to be done.
2. That a person fails to perform such act.
3. That his failure to perform such act was due to some lawful or insuperable cause.
Illustration:
Mother who was overcome by severe dizziness and extreme debility, leaving child to die
- not liable for infanticide
ARTICLE 13
MITIGATING CIRCUMSTANCES
- are those which, if present in the commission of the crime, do not entirely free the actor from
criminal liability, but served only to reduce the penalty
Illustration:
Pedro stabbed Tomas on the arm. Tomas did not have the wound treated, so he died from loss of
blood.
- mitigating
Provocation – any unjust or improper conduct or act of the offended party, capable of
exciting, inciting or irritating anyone.
Illustration:
A was walking in front of the house of B. B at that time was with his brother C. C told B that
sometime in the past, A boxed him, and because he was small, he did not fight back. B
approached A and boxed him, but A cannot hit back at B because B is bigger, so A boxed C.
- not mitigating since the sufficient provocation did come from the offended party (C), it was
B who provoked him
Illustration:
Juan caught his wife and his friend in a compromising situation. Juan kills his friend the next day.
Passion or obfuscation
- a person acted upon an impulse so powerful as naturally to have produced passion or obfuscation
- when there are causes naturally producing in a person powerful excitement, he loses his reason
and self-control thereby dismissing the exercise of his will power
Requisites for Passion & Obfuscation
a. The offender acted on impulse powerful enough to produce passion or obfuscation
b. That the act was committed not in the spirit of lawlessness or revenge
c. The act must come from lawful sentiments
Illustration:
Juan saw Tomas hitting his son. Juan stabbed Tomas.
- mitigating as his actuation arose from a natural instinct that impels a father to rush to the
rescue of his son
Voluntary surrender
- offender voluntarily surrendered himself to a person in authority or his agents
- or voluntarily confessed his guilt before the court prior to the presentation of the evidence for the
prosecution (plea of guilty)
Surrender - emphasizes the idea of inner impulse, acting without external stimulus
- must be spontaneous, demonstrating an intent to submit himself unconditionally to the
person in authority or his agent in authority.
Illustration:
Where the offender went to the municipal building not to own responsibility for the killing but
claimed to have done it on self-defense.
- not mitigating since he tried to avoid responsibility
Physical defect
- offender is deaf and dumb, blind or otherwise suffering some physical defect which thus restricts
his means of action, defense, or communications with his fellow beings
- physical defect must have a relation to the commission of the crime
Illustration:
Offender is deaf and dumb and he has been slandered, he cannot talk so what he did was, he got a
piece of wood and struck the fellow on the head.
- crime committed was physical injuries but mitigated because the only way is to use his
force because he cannot strike back
Analogous cases
- other circumstances of a similar nature
a. defendant who is 60 years old with failing eyesight is similar to a case of one over 70 years
old
b. outraged feeling of owner of animal taken for ransom is analogous to vindication of grave
offense
c. impulse of jealous feeling, similar to passion and obfuscation
d. voluntary restitution of property, similar to voluntary surrender
Example:
- the act of a thief in leading the authorities to the place where he disposed of the loot
e. extreme poverty, similar to incomplete justification based on state of necessity
ARTICLE 14
AGGRAVATING CIRCUMSTANCES
- those which, if attendant in the commission of the crime, serve to increase the penalty without,
however, exceeding the maximum of the penalty provided by law for the offense
Four Types of Aggravating Circumstance:
1. Generic
- those that can generally apply to all crime
- increases penalty to a maximum but not increase 1 degree higher than the penalty provided
by law for the offense
- can be offset by ordinary mitigating circumstance
2. Specific
- those that apply only to a particular crime
- which arise under special conditions to increase the penalty of the offense
- cannot be offset by any ordinary mitigating circumstances
3. Qualifying
- those that change the nature of the crime to a graver or more serious crime
- must be alleged during the information and prove during trial
- gives the crime its proper and exclusive name and places the author of the crime in such a
situation as to deserve no other penalty than that specially prescribed by law for said crimes
a.
4. Inherent
- those that must of necessity accompany the commission of the crime
- not considered in increasing the penalty to be imposed
RANK – designation or title of distinction used to fix the relative position of the offended party
in reference to others (there must be a difference in the social condition of the offender and the
offended party)
AGE – may refer to old age or the tender age of the victim
SEX– refers to the female sex, not to the male sex
Dwelling –
- a building or structure, exclusively used for rest and comfort
- includes all the dependencies and appurtenances
Dependencies:
a. stairs which are used to reach the second floor is considered a dwelling because the
second floor cannot be enjoyed without the stairs
Appurtenances:
a. roof
b. comfort rooms even if separated from the house
c. garage when it is connected with an interior passage to the house proper
d. balcony
Illustration:
A young man brought a woman in a motel for a short time and there she was killed
- dwelling is not aggravating
A man was killed in the house of his common law wife.
- dwelling is aggravating because the house was provided by the man
Illustration:
A mother left her young daughter with the accused because she had nobody to leave the child with
while she had to go on an errand. The accused abused the child.
- abuse of confidence is not aggravating since there was betrayal of trust
Nighttime (obscuridad)
- that period of darkness beginning at the end of dusk and ending at dawn
- darkness is what makes this circumstance aggravating
- commission of the crime must begin and be accomplished in the nighttime
- lighting of a matchstick or use of flashlights does not negate the aggravating circumstance
of nighttime
- must be shown that the offender deliberately sought the cover of darkness and the offender
purposely took advantage of nighttime to facilitate the commission of the offense
With the aid of armed men or persons who insure or afford impunity
- crime be committed with the aid of armed men or persons who insure or afford impunity
Requisites:
1. That the armed men or persons took part in the commission of the crime, directly or indirectly.
2. That the accused availed himself of their aid or relied upon them when the crime was
committed.
Aid of armed men is present even if one of the offenders merely relied on their aid, for
actual aid is not necessary.
Recidivism
Recidivist – one who at the time of his trial for one crime, shall have been previously convicted by final
judgment of another crime embraced in the same title of the RPC.
Requisites:
1. That the offender is on trial for an offense;
2. That he was previously convicted by final judgment of another crime;
3. That both the first and the second offenses are embraced in the same title of the Code;
4. That the offender is convicted of the new offense.
Illustration:
In 1980, A committed robbery. While the case was being tried, he committed theft in 1983. He
was found guilty and was convicted of theft also in 1983. The conviction became final because he
did not appeal anymore and the trial for his earlier crime which was robbery ended in 1984 where
he was also convicted. He also did not appeal this decision.
- accused is not a recidivist
- because the conviction for his first felony (robbery) ended in 1984 while his second felony
(theft) ended in 1983
- the time the first crime was committed, there was no other crime of which he was
convicted so he cannot be regarded as a repeater
Reiteracion (habituality)
- offender has been previously punished by an offense to which the law attaches an equal or
greater penalty or for two or more crimes to which it attaches a lighter penalty
- it is necessary that the offender shall have served out his sentence for the first offense
- the previous and subsequent offenses must not be embraced in the same title of the Code
- speaks of penalty attached to the offense, not the penalty actually imposed
Quasi-Recidivism – any person who shall commit a felony after having been convicted by final
judgment, before beginning to serve such sentence, or while serving the same
- in so far as the earlier crime is concerned, it is necessary that it be a felony
The offender was convicted of homicide. While serving sentence in Muntinlupa, he was
found smoking marijuana. He was prosecuted for illegal use of prohibited drugs and was
convicted.
- not a quasi-recidivist because the crime committed while serving sentence is not a
felony (use of prohibited drugs is an offense)
Evident premeditation
- the execution of the criminal act must be preceded by cool thought and reflection upon the
resolution to carry out the criminal intent during the space of time sufficient to arrive at a calm
judgment
- when victim is different from that intended, premeditation is not aggravating
- inherent in robbery, adultery, theft, estafa and falsification
Note: the date and, if possible, the time when the offender determined to commit the crime is essential
Craft (astucia) – involves the use of intellectual trickery or cunning on the part of the accused
- chicanery resorted to by the accused to aid in the execution of his criminal design
Fraud (fraude) – insidious words or machinations used to induce the victim to act in a manner
which would enable the offender to carry out his design
DISGUISE (disfraz) – resorting to any device to conceal identity.
Treachery (alevosia)
- the employment of means, method and form in the commission of the crime which tend directly
and specially to ensure its execution without risk to himself arising from the defense which the
offended party might make
- applies in the killing of a child even if the manner of attack is not shown
Illustration:
A and B have been quarreling for some time. One day, A approached B and befriended him. B
accepted. A proposed that to celebrate their renewed friendship, they were going to drink. B was
having too much to drink. A was just waiting for him to get intoxicated and after which, he
stabbed B.
- there is treachery by deliberately employing means to weaken the defense
Ignominy
- means be employed which add ignominy to the natural effects of the act
- adding insult to injury
- the offense is committed in a manner that tends to make its effect more humiliating, thus adding
to the victim's moral suffering
Ignominy – a circumstance pertaining to the moral order, which adds disgrace and obloquy
to the material injury caused by the crime
- applicable to crimes against chastity, rape, less serious physical injuries, light or
grave coercion and murder
Note: ignominy not appreciated if the victim was already dead
Unlawful entry
- when an entrance of a crime a wall, roof, floor, door, or window be broken
Illustration:
Accused gained access to the dwelling by climbing through the window and once inside,
murdered certain persons in the dwelling
- two aggravating circumstances -- dwelling and unlawful entry
Cruelty
- the wrong done in the commission of the crime be deliberately augmented by causing other
wrong not necessary for its commissions
Cruelty – culprit enjoys and delights in making his victim suffer slowly and gradually, causing
unnecessary physical pain in the consummation of the criminal act
- no cruelty when the other wrong was done after the victim was dead
- physical suffering of the victim who is alive
ARTICLE 15
ALTERNATIVE CIRCUMSTANCES
- those which must be taken into consideration as aggravating or mitigating according to the nature and
effects of the crime and the other conditions attending its commission
Relationship
- when the offended party is the:
a. spouse
b. ascendant
c. descendant
d. legitimate, natural, or adopted brother or sister
e. relative by affinity in the same degrees
Relationship is exempting:
1. In the case of an accessory who is related to the principal within the relationship
Article 20 of the RPC:
Accessories who are exempt from criminal liability:
- spouses
- ascendants
- descendants
- legitimate, natural, and adopted brothers and sisters
- relatives by affinity within the same degrees
Exception: if they profit by the effects of the crime
2. A spouse does not incur criminal liability for a crime of less serious physical injuries or serious
physical injuries if this was inflicted after having surprised the offended spouse or paramour or
mistress committing actual sexual intercourse. (Article 247)
3. Those commonly given in the crime of theft, malicious mischief and swindling or estafa to the:
- spouse
- ascendant, or descendant
- brother or sister or brother-in-law or sister-in-law who are living together (Article 332)
Intoxication
Mitigating
a. If intoxication is not habitual
b. If intoxication is not subsequent to the plan to commit a felony
Aggravating
a. If intoxication is habitual
b. If it is intentional (subsequent to the plan to commit a felony)