CRIMINAL LAW BOOK 1

ACT NO. 3815 (Effec1vity Date: January 1, 1932)

CRIMINAL LAW
Criminal law is that branch or division of law which defines crimes, treats of their nature,
and provides for their punishment.
Classical theory
• The basis of penalty is human free will and the purpose of the penalty is retribu1on.
• That man is essen1ally a moral creature with the absolute free will to choose between
good and evil, thereby placing more stress upon the effect or result of the felonious act
than upon the man, the criminal himself.
Posi:vist theory
• That man is subdued occasionally by a strange and morbid phenomenon which constrains
him to do wrong, in spite of contrary voli1on.
• That crime is essen1ally a social and natural phenomenon.
Eclec:c Theory – Combina1on of Classical and Posi1vist
Ø CRIME- is an act commiSed or omiSed in viola1on of a public law forbidding or
commanding it.
Ø FELONY- an act or omission punishable by RPC
Ø OFFENSE- an act or omission punishable by Special Penal Laws
Ø INFRACTION- an act or omission punishable by Ordinances
Ø ACCUSED- is a person personally charged in court for a viola1on of penal law.
4 Sources of Criminal Law
• The Revised Penal Code (Act No. 3815) and its amendments- Main source
• Special Penal Laws
• Penal Presiden1al Decrees issued during Mar1al Law
• Execu1ve Orders
Take Note
“Court decisions are not sources of criminal law, because they merely explain the meaning
of, and apply, the law as enacted by the legisla1ve branch of the government”
POLICE POWER
The right of the state to restrain and impose punishment on criminals.
Ex Post Facto Law
A law which makes criminal an act done before the passage of the law and which was
innocent when done, and punishes such an act.
Bill of AHainder
is a legisla1ve act which inflicts punishment without trial. Its essence is the subs1tu1on
of a legisla1ve act for a judicial determina1on of guilt.
Characteris:cs of Criminal Law
§ Generality
§ Territoriality
§ Prospec1vity
GENERALITY
Criminal law is binding on all persons who live or sojourn in Philippine territory.
Excep1ons:
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 § Treaty S1pula1ons
§ Law of Preferen1al Applica1ons
§ Principle of Public Interna1onal Law
TERRITORIALITY
Criminal laws undertake to punish crimes commiSed within Philippine territory.
Excep1ons: (Art 2 of the RPC)
• Should commit an offense while on a Philippine ship or airship.
• Should forge or counterfeit any coin or currency note of the Philippines or obliga1ons and
securi1es issued by the Government of the Philippines.
• While being public officers or employees, should commit an offense in the exercise of their
func1ons.
• Should commit any of the crimes against na1onal security and the law of na1ons, defined
in Title One of Book Two of the Revised Penal Code.
Intraterritorial refers to the applica1on of the RPC within the Philippine territory(land, air and
water).
Extraterritorial refers to the applica1on of the Revised Penal Code outside the Philippine
French Rule or Na1onality Rule-the Philippines has no jurisdic1on, unless the crime affects the
peace and security of the country.
English Rule or Territoriality Rule- the country has jurisdic1on over such offenses unless the same
affect or refers only to the internal management of the vessel. We apply this rule in the
PHILIPPINES.
PROSPECTIVITY
in that a penal law cannot make an act punishable in a manner in which it was not
punishable when commiSed.
Excep:on:
if it is in FAVOR of the offender unless he’s habitual delinquent or the law otherwise
provides.
“REPEALING LAW”
Construc:on of penal laws.
Penal laws are strictly construed against the Government and liberally in favor of the
accused.
Take Note:
“If there is a conflict between the transla1on of Spanish text and the English text, the spanish text
shall prevail”.
Felonies
Felonies are acts and omissions punishable by the Revised Penal Code.
Elements of felonies.
1. That there must be an act or omission.
2. That the act or omission must be punishable by the Revised Penal Code.
3. That the act is performed or the omission incurred by means of dolo or culpa.
Act is any bodily movement tending to produce some effect in the external world. Must be the
one which is defined by the CODE as cons1tu1ng a felony; or at least an act OVERT ACT of the
felony, that is the external act which has a direct connec:on with the felony intended to be
commiHed.
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 • Only external act is punished, a criminal thought or a mere inten1on no maSer how
immoral or improper it may be, will never cons1tute a felony.
Omission Is meant inac1on, the failure to perform a posi1ve duty which one is bound to do. There
must be a law requiring the doing or performance of an act. Ex. Art. 275, par1, Abandonment of
person in danger/ of failure to render assistance; Art. 213, par. 2(b).Illegal exac1on- for failure to
issue receipt as provided by law; Art. 116, Misprision of treason.
"Punishable by law."
This is the other element of a felony. This is based upon the maxim, "nullum crimen, nulla
poena sine lege," that is, there is no crime where there is no law punishing it.
DOLO
• The act perform with deliberate intent (with malice), the offender in performing an act or
incurring an omission has the inten1on to cause an injury to another.
CULPA
• The act or omission of the offender is not malicious. The injury caused by the offender to
another person is uninten1onal, simply without malice.
Elements of Deceit/Dolo
Freedom- determina1on to do or not to do an act.
• When a person acts without freedom, he is no longer a human being but a tool. ( a knife
that wounds, torch that sets fire) Ex. Art 12, par.5. Compulsion of irresis1ble force; Art.
12, par 6. A person who act under the impulse of uncontrollable fear of an equal or greater
injury, in both cases the offender is exempt from criminal liability.
• Intent presuppose the exercise of freedom and the use of intelligence.
Intelligence- is the moral capacity to determine what is right from what is wrong and to realize
the consequence of one’s act.
Without this power, necessary to determine the morality of human act, no crime can exist.
Intent- a determina1on to do a certain thing, an aim, a purpose of the mind.
The existence of intent is shown by the overt acts of the offender and it is presumed from
the commission of an unlawful act.
NOTES:
• Men rea refers to Dolo which means criminal intent.
• Jus1fying circumstances are based on lack of criminal intent except Par. 4, while exemp1ng
circumstances are based on lack of freedom or intelligence, except par.4,5 and 7.
Elements of Fault/Culpa
1. Freedom;
2. Intelligence;
3. Negligence or Imprudence.
Imprudence
It arises from the deficiency of ac1on in avoiding the injury by reason of lack of skill.
Negligence
Is the failure to foresee the impending injury due to insufficient percep1on, hence, it is
based on lack of foresight. Negligence must be voluntary.
Intent vs Mo:ve
Intent
• Intent Purpose to use par1cular means
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 • Element in a crime
• Always essen1al in inten1onal felonies
Mo:ve
• Impelling reason
• not element
• Essen1al only when iden1ty of the perpetrator is in doubt.
Mala in se – wrong in its nature
-so serious in effect in society as to earn unanimous condemna1on of its members. Requires
criminal intent. Felonies covered by the RPC.
Mala prohibita- wrong because it is prohibited
-viola1on of mere rules of conven1on designed to secure a more orderly regula1on of society.
Mere commission of the prohibited act, regardless of the intent is sufficient. Refers to act
punished by special laws.
Basic Maxims in Criminal Law
Nullum Crimen Nulla Poena Sine Lege
• There is no crime if there is no law punishing it.
Actus Non Facit Reum, Nisi Mens Sit Rea
• The act cannot be criminal where the mind is not criminal.
Actus Me Invito Factus Non Est Meus Actus
• An act done by me against my will is not my act.
El Que Es Causa De La Causa Es Causa Del MalCausado
• He who is the cause of the cause is the cause of the evil caused.
Mistake of Fact
While ignorance of the law excuses no one from compliance therewith (ignoranBa legis
non excusat), ignorance or mistake of fact relieves the accused from criminal liability (ignoranBa
facB excusat).
Mistake of fact is a misapprehension of fact on the part of the person who caused injury
to another. He is not, however, criminally liable, because he did not act with criminal intent.
An honest mistake of fact destroys the presump1on of criminal intent which arises upon
the commission of a felonious act. (U.S. vs. Ah Chong)
Art. 4. Person who incur Criminal Liability
1. By any person commimng a felony (delito) although the wrongful act done be different from
that which he intended.
2. By any person performing an act which would be an offense against persons or property, were
it not for the inherent impossibility of its accomplishment or on account of the employment of
inadequate or ineffectual means.
Requisites:
• Inten1onal felony commiSed;
• Wrong done is the direct, natural and logical consequence of the felony commiSed except
if the act commiSed is with negligence
Proximate cause
Cause which is the natural and con1nuous sequence unbroken by efficient intervening
cause produces injury and without which the result would not have occurred.

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3 Scenarios under Ar:cle 4
1. Error in personae-mistake in Iden1ty of the vic1m
2. Abera:o ictus-mistake in blow
3. Praeter inten:onem-resul1ng injury is greater than the one which intended
Impossible Crime
• Requisites of impossible crime:
1. That the act performed would be an offense against persons or property.
2. That the act was done with evil intent.
3. That its accomplishment is inherently impossible, or that
the means employed is either inadequate or ineffectual.
4. That the act performed should not cons1tute a viola1on
of another provision of the Revised Penal Code.
Art.5- Duty of courts
• If charge is not punishable but court deems it proper to repress, DISMISS charge and
suggest it made subject of penal legisla1on to President through Secretary of Jus1ce;
• In case of excessive penalty: impose penalty provided by law and recommend grant of
Execu1ve Clemency form the President through Secretary of Jus1ce.
FELONIES ARE CLASSIFIED AS FOLLOWS
1.According to the manner of their commission
2.According to the stages of their execu1on
3.According to their gravity
Manner of Commission
a. Inten:onal felonies or those commiSed with deliberate intent; and
b. Culpable felonies or those resul1ng from negligence, reckless imprudence, lack of foresight or
lack of skill
According to the Stages of Their Execu:on
Under Art. 6, they are classified as:
• ASempted
• Frustrated
• Consummated
Note:
• The classifica1on of stages of a felony in Ar1cle 6 are true only to crimes under the
Revised Penal Code. It does NOT apply to crimes punished under special laws. However,
even certain crimes which are punished under the Revised Penal Code do not admit of
these stages.
Stages of execu:on
1. AHempted-offender commences commission of a felony directly by overt act, and does
not perform all the acts of execu1on which should produce the felony by reason of some
cause or accident other than his own spontaneous desistance.
2. Frustrated-offender performs all the acts of execu1on which would produce felony as a
consequence but which do not produce it by reason of causes independent of will of
perpetrator.
3. Consummated-all the elements necessary for execu1on and accomplishment are present.

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OVERT ACT-some physical ac1vity or deed, indica1ng inten1on to commit a par1cular crime,
more than a mere planning or prepara1on, which if carried to its complete termina1on following
its natural course, without being frustrated by external act obstacles nor by voluntary desistance
of the perpetrator, will logically and necessarily ripen into a concrete offense.
Ex. If A bought a poison from a drugstore, in prepara1on for the killing of B by means of poison,
such act is only a PREPARATORY ACT. It is not an overt act, because it has no direct connec1on
with the crime of murder which A intended to commit. But if A mixed the poison with the food
of B, the laSer put into his mouth, the act of A is more than mere planning or prepara1on for the
crime of murder.
• Drawing or trying a draw a pistol is not an overt act of homicide.
• The external act mush have a direct connec:on with the crime intended to be
commiHed by the offender.

INDETERMINATE OFFENSE
One where the purpose of offender in performing an act is not certain. Its nature in
rela1on not its objec1ve is ambiguous.
Ex. A who enter a hole in the house of B when apprehended is not liable of aSempted robbery
because it does not show the final objec1ve of the offender at the 1me of his apprehension. He
maybe there to rob or to cause harm or injury or commit other offense.
Spontaneous desistance of the accused is exculpatory only (a) if made during the aSempted
stage, and (b) provided the act already commiSed do not cons1tute any other offense.

Subjec:ve phase –is that por1on of the acts cons1tu1ng the crime, star1ng from the point where
the offender begins the commission of the crime to the point where he has s1ll control over his
acts, including their acts natural cause
• If he has not passed the subjec1ve phase: aSempted
• Passed but not produce: frustrated
• Objec1ve phase- accomplish the crime.
SP + OP=consummated
How to determine whether the crime is only aHempted or frustrated or it is consummated?
(1) the nature of the offense
(2) the elements cons1tu1ng the felony
(3) the manner of commimng the
same, must be considered.
Manner of commi_ng the crime
Formal crimes — consummated in one instant, no aLempt.
-There are crimes, like slander and false tesBmony, which are consummated in one instant,
by a single act.
Material crimes — There are three stages of execu1on.
-Thus, homicide, rape, etc., are not consummated in one instant or by a single act. These
are the material crimes
Light felonies when punished:
• Only when consummated, except:
1. Against person; and
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 2. Against property
3. Only principal and accomplice are punished.
Conspiracy
There is conspiracy when two or more persons come to an agreement concerning
commission of felony and decide to commit it.
• Conspiracy and Proposals is not a crime EXCEPT when the law specifically provides a
penalty therefor.
1. Conspiracy punished:
• Treason;
• Rebellion, Insurrec1on;
• Coup d’ etat
• Sedi1on
2. Under special laws
• Arson
• Malicious damage to property by explosives or incendiary
• Espionage/crimes against na1onal security
• Dangerous drug act.
• Terrorism
Proposals
when the person has decided to commit felony proposes its execu1on to some other
person/s.
Proposal punished
1. RPC
• Treason
• Rebellion, Insurrec1on
• Coup d’ etat
2. Special laws
• Malicious damage/destruc1on of any building by explosives or incendiary
• Accepted proposal=conspiracy
Classifica:on of Felonies
1. Grave-law aSaches capital punishment or penalty or any of their periods are afflic1ve.
2. Less grave-law punishes with penalty in maximum period is correc1onal.
3. Light- Law provides penalty of arresto menor or fine not more than P200 or both.
Offense not subject of the RPC:
1. Offenses punished by special laws: not subject to provision of RPC.
2. RPC supplementary to special laws, unless otherwise provided.
Imputability
Is the quality by which an act may be ascribed to a person as its author or owner. It implies
that the act commiSed has been freely and consciously done and may, therefore, be put down to
the doer as his very own.
Responsibility
Is the obliga1on of suffering the consequences of crime. It is the obliga1on of taking the
penal and civil consequences of the crime.
The circumstances affec:ng criminal liability:
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 1. Jus:fying circumstances-act of person is in accordance with law. And is deemed not have
transgressed the law and is free from both civil and criminal liability.
2. Exemp:ng circumstance- (non-imputability) exemp1on from punishment because there
is wan1ng in the agent of the crime any of the condi1on which make the act voluntary or
negligent.
3. Mi:ga:ng circumstances-those which, if present in the commission of the crime, do not
en1rely free the actor from criminal liability but only serve to reduce the penalty.
4. Aggrava:ng circumstances- those which, if aSendant in the commission of crime, served
to increase the penalty but without exceeding maximum penalty provided by law.
5. Alterna:ve circumstances-aggrava1ng or mi1ga1ng according to the nature and effect of
the crime and other condi1ons aSending its commission.
Art 11. Jus:fying Circumstances
• No civil liability except under par.4
1. Self defense- of his person or rights
Elements:
a) Unlawful aggression (indispensable requirement);
b) Reasonable necessity of the means employed to prevent or repel it; and
c) Lack of sufficient provoca:on on the part of the person defending himself.
Unlawful aggression-peril to one’s life, limb or right which is either actual or imminent.
-is equivalent to assault or at least threatened assault of an immediate and imminent kind.
Stand ground when in the right- a person need not retreat to an unlawful aggressor but must
fight back.
“BaHered Woman Syndrome” postulated as being equivalent to self-defense. The characteris1cs
are:
1. The woman believes that the violence was her faulty;
2. She is unable to place the responsibility for the violence elsewhere;
3. She fears for her life and the life of her children; and she has the ra1onal belief that the abuse
is omnipresent and omniscient. (R.A. 9262-VAWC)
Defense of Rela:ves
Rela1ves that can be defended:
1. Spouse;
2. Ascendant;
3. Descendant;
4. Legi1mate, natural or adopted brothers and sisters;
5. Rela1ve by affinity within the same degrees; or
6. Rela1ves by consanguinity within the 4th civil degree.
Elements:
a) Unlawful aggression;
b) Reasonable necessity of the means employed to repel or prevent it.
c) In case the provoca1on was given by rela1ves, one making the defense had no part
therein.
Defense of Stranger
Ø Unlawful aggression
Ø Reasonable necessity of the means employed to prevent or repel the aSack;
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 Ø The person defending be not induced by revenge, resentment or other evil mo1ve.

A rela1ve not included in defense of rela1ve is included in defense of stranger.

Avoidance of greater evil or injury
Elements:
a) Evil sought to be avoided actually exist;
b) Injury feared to be greater than that to avoid it; and
c) There is no other prac1cal and less harmful means of preven1ng it.
-Civil liability to be borne by person/s in propor1on to benefit received.
Fulfilment of duty or lawful exercise of right of office.
Elements:
• Accused acted in performance of duty or in lawful exercise of office; and
• Injury caused or offense commiSed is necessary consequence of due performance of duty
or lawful exercise of such right or office.
-Doctrine of self-help
Notes:
• Killing by a policeman of an escaping prisoner is presumed to be commiSed in the
performance of his duty. But only absolute necessity would authorize the police officer to
fire at the prisoner.
• The lawful exercises of a right exist if the owner or possessor of a thing employs
reasonable force to repel or prevent an actual or threatened unlawful physical invasion of
his property.
Obedience to an order issued for some lawful purpose.
Elements:
a) Order issued by superior;
b) For some lawful purpose; and
c) Means used to carry out the order is lawful.
Exemp:ng Circumstances
There is a crime but no criminal liability; with civil liability except par.4 and 7
1. Imbecile or insane person, except when the laSer acted during lucid interval.
-presump1on is in favour of sanity.
Notes:
The test of imbecibility or insanity is complete depriva1on of intelligence in the commission of
the act, that is the accused acted without the least discernment.
The law presumes that every man to be sane. If the accused interposes the defense of mental
insanity, the burden of establishing such fact rest upon him.
Imbecility dis:nguished from insanity
While the imbecile is exempt in all cases from
criminal liability, the insane is not so exempt if it can be shown that he acted during a lucid interval.
During lucid interval, the insane acts with intelligence.
An imbecile is one who, while advanced in age, has a mental development comparable to that of
children between two and seven years of age
An imbecile within the meaning of Art. 12 is one who is deprived completely of reason or
discernment and freedom of the will at the 1me of commimng the crime.
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Who has the burden of proof to show insanity?
The defense must prove that the accused was insane at the 1me of the commission of the crime,
because the presump1on is always in favor of sanity.
Paragraph 3, Ar1cle 12 RPC impliedly repealed by Republic Act No. 9344
"Sec1on 6. Minimum Age of Criminal Responsibility.
Ø A child fiveen (15) years of age or under at the 1me of the commission of the offense shall
be exempt from criminal liability. However, the child shall be subject to an interven1on
program pursuant to Sec1on 20 of this Act.
Ø A child above fiveen (15) years but below eighteen (18) years of age shall likewise be
exempt from criminal liability and be subjected to an interven1on program, unless he/she
has acted with discernment, in which case, such child shall be subject to the appropriate
proceedings in accordance with this Act.
The exemp1on from criminal liability herein established does not include exemp1on from civil
liability, which shall be enforce in accordance with exis1ng laws."
Discernment
Mental capacity to understand the difference between right and wrong.
Accident
Any person who, while performing a lawful act with due care, causes an injury by mere accident
without fault or inten1on of causing it.
Elements:
• Performance a lawful act;
• With due care;
• Causes injury to another by mere accident;
• Without fault or inten1on of causing it.
Damnu Absque Injuria-damage without injury refer to Art.67 when all the requisites of
exemp1on of Art.12(4) are present. Do not apply Art.12 (1).
Irresis:ble force
1. That the compulsion is by means of physical force.
2. That the physical force must be irresisBble.
3. That the physical force must come from a third person.
Uncontrollable fear
Elements:
• Threat which causes fear is of an evil greater or at least equal to that which is required to
commit; and
• Promises an evil of such gravity and imminence ordinary man would have succumbed to
it.
Insuperable or lawful cause
Any person who fails to perform an act required by law, when prevented by some lawful or
insuperable cause.
Elements:
• An act is required by law to be done
• Person fails to perform such act
Failure to perform due to lawful or insuperable cause.
Absolutory causes
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-person commiSed a crime but no penalty by reason of public policy
• Ins1ga1on-public officer or private detec1ve induces an innocent person to commit a
crime and would arrest him upon or aver the commission of the crime by him;
• Entrapment-a person has planned or s about to commit a crime and ways and means are
resorted to by a public officer to trap and catch the criminal; not a defense.
Examples:
1. Essen1al elements of crime charged do not proved and/or elements proved do not
cons1tute a crime.
2. Spontaneous desistance in aSempted stage and no other crime was commiSed;
3. ASempted or frustrated light felony and not against person or property;
4. Accessory is rela1ve of principal;
5. Legal grounds for arbitrary deten1on;
6. Legal grounds for trespass;
7. Thev, swindling or malicious mischief commiSed against a rela1ve;
8. Physical injuries under excep1onal circumstances;
9. Marriage of offender with the offended party when the crime commiSed is seduc1on,
acts of lasciviousness, rape and seduc1on;
10. Guilt not established beyond reasonable doubt;
11. Prescrip1on of crime; and
12. Pardon by offended party before ins1tu1on of criminal ac1on in crimes against
chas1ty.
Mi:ga:ng Circumstances
are those which, if present in the commission of the crime, do not en1rely free the actor
from criminal liability, but serve only to reduce the penalty.
Basis
Mi1ga1ng circumstances are based on the diminuBon of either freedom of ac1on,
intelligence, or intent, or on the lesser perversity of the offender.
Classes:
1. Ordinary-can be offset by generic aggrava1ng circumstances.
2. Privilege- has the capacity to go down by degree/s.
• More than 9 but less than 18: penalty always lower by at least 1 or 2 degrees than that
prescribe by law;
• Incomplete jus1fying or exemp1ng; lower by degree than that prescribe by law but
majority of the condi1ons must be present.
• Two or more mi1ga1ng and no aggrava1ng: lower by one degree
1. Incomplete jus1fying or Exemp1ng Circumstances
• self-defense, defense of rela1ve and stranger, it is essen1al that unlawful aggression be
present, otherwise there can be no such defense, whether complete or incomplete.
• unlawful aggression must always be present and of the requisites is absent, Art.13, par. 1
applies.
• in case of accident: governed by Art. 67, RPC
Offender is over 70 year of age.
a. more than 9 but less than 18 who acted with discernment-lower by two degrees always.
b. 10 or over but less than 18-lower by one degree at least
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No intent to commit a wrong as that commiHed.
• - there must be a notable and evident dispropor1on of the means employed to execute
the criminal act.
• What is important is the inten1on when commiSed and not the inten1on as planned.
Notes:
• This is the effect of praeter inten1onem
Sufficient provoca:on or threat immediately preceded the act.
Elements:
• Provoca1on must be sufficient;
• Originated from the offended party; and
• Immediate to the act.
Immediate Vindica:on of a Grave Offense
Elements:
• Grave offense done to the one commimng the felony, his spouse, ascendant, descendant,
legi1mate natural or adopted brother or sisters, or rela1ves by affinity within the same
degrees; and
• Felony commiSed in vindica1on.
Passion and Obfusca:on
Elements:
• Accused acted upon an impulse;
• Impulse so powerful it naturally produced passion and obfusca1on in offender
• Act both unlawful and sufficient to produce such condi1on of mind; and
• Act that produced obfusca1on is not far removed from the commission of the crime by a
considerable length of 1me during which the perpetrator might recover his normal
equanimity. (immediate) “length of 1me is material element”
Voluntary Surrender/ Confession of Guilt
Elements-Surrender:
• Offender not actually arrested;
• Surrender to person in authority;
• Surrender voluntary.
Surrender must be spontaneous, as when:
• To acknowledge guilt; or
• To save the government trouble and expense of search
Offender is Deaf and Dumb and Blind
The physical defect contemplated in this mi1ga1ng circumstance must affect the means
of ac1on, defense or communica1on of the offender with his fellow beings. The nature of the
offense is, therefore, to be considered as to whether such physical defect is mi1ga1ng.
Such illness of the offender as would diminish the exercise of the will-power of the offender
without however depriving him of consciousness of his acts”
Analogous Mi:ga:ng Circumstances
“Such analogous mi1ga1ng circumstances are similar to par. 1 to 9 of Art. 13”
AGGRAVATING CIRCUMSTANCES
Four kinds of aggrava:ng circumstances.
1. Generic — Those that can generally apply to all crimes.
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Example — Dwelling, nighmme, or recidivism.
In Art. 14, the circumstances in paragraphs Nos. 1, 2, 3 (dwelling), 4,5,6,9,10,14,18,19,and 20,
except "by means of motor vehicles," are generic aggrava1ng circumstances.
2. Specific — Those that apply only to par1cular crimes.
Example — Ignominy in crimes against chas1ty or cruelty and treachery in crimes against persons.
In Art. 14, the circumstances in paragraphs Nos. 3 (except dwelling),15,16,17 and 21 are specific
aggrava1ng circumstances.
3. Qualifying — Those that change the nature of the crime.
Example — Alevosia (treachery) or evident premedita1on qualifies the killing of a person to
murder. Art. 248 enumerates the qualifying aggrava1ng circumstances which qualify the killing of
person to murder.
4. Inherent — Those that must of necessity accompany the
commission of the crime. (Art. 62, par. 2)
Example — Evident premedita1on is inherent in robbery, thev, estafa, adultery and concubinage.

Taking Advantage of Official Posi:on

• The offender is a public officer who availed of the influence or reputa1on inherent in his
posi1on for the purpose of commimng crime.
• Not appreciated when it is inherent element of crime
Contempt or Insult to Public Authori:es
Elements:
• Public authority is engage in the exercise of his func1on;
• He is not the person against whom the crime is commiSed;
• Offender knows him to be public authority; and His presence has not prevented the
offender from commimng crime
Disregard of Rank, Age, or Sex and Dwelling of Offended Party
• Present when the act be commiSed:
a. with insult or disregard of respect due the offended party on account of his (1) rank, (2) age,
(3) sex; or
b. in the dwelling of the offended party, if laSer has not given provoca1on.
Dwelling –place for peace of mind, rest, comfort and privacy. Includes dependencies, staircase,
and enclosure under the house.
Abuse of Confidence of Obvious Ungratefulness
Elements:
• Trust
• Abuse such trust; and
• Abuse facilitated commission
Crime commiHed in:
a. Palace of the Chief Execu:ve
• In his Presence; where public authori1es are engage in discharge of du1es; and place
dedicated to religious worship.
Nigh:me, Uninhabited Place, Band
These circumstances maybe appreciated if:
• Especially sought to insure commission of crime, or
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Offender took advantage thereof with impunity:
• Commission must begin and end’s at night
Calamity
CommiSed on occasion of:
a. conflagra1on
b. shipwreck
c. earthquake
d. epidemic
e. other calami1es or misfortune
Aid of Armed Men, etc.
• Armed men took part in commission of crime directly or indirectly; and
• Accused availed of their aid or relied on them when crime was commiSed.
-aid of armed men is absorbed in band if there are at least 4 armed armed men, otherwise, they
are to be separated
Accused is a Recidivist
Elements:
• Offender is on trial for an offense
• He was previously convicted by final judgment of another
• Both the 1st and 2nd offense are embraced in the same 1tle of RPC
• Offender is convicted of the new offense
Reiteracion or Habituality
Elements:
• Accused is on trial for an offense;
• He has not previously served sentenced for another offense to which the law aSaches an
equal or greater penalty, or for two or more crimes to which it aSaches lighter penalty
than that for the new offense; and
• that he is convicted of the new offense.
Habitual Deliquency -within 10 years from the last release or last convic1on of the crime of
falsifica1on , robbery, estafa Thev, serious physical injuries, the offender is found guilty of any of
the said crime a 3rd 1me or ovener.
• 10 years either form last release or last convic1on.
Quasi-Recidivism -commits a felony aver having been convicted by final judgment, before
beginning to serve such, or while serving the same, shall be punished by maximum penalty
prescribe by the new felony.
In considera:on of Price, Reward or Promise
• must be for the purpose of inducing another to perform the act.
• Not considered if given aver the crime was commiSed without previous promise.
Crime CommiHed by Means of Inunda:on, Fire, Explosion; Poison; Straddling of the Vessel or
inten:onal damage thereto; Derailment of Locomo:ve; Use of any other Ar:fice involving
Great waste and Ruin.
Evident Premedita:on
Elements:
• The prosecu1on must prove:
• Time when the offender determined to commit the crime;
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 • Act manifes1ng that the culprit has clung to his determina1on;
• Sufficient lapse of 1me between the determina1on and execu1on to allow him to reflect
upon the consequence of his act.
“ deliberate planning of act before execu1on”
Cral/Fraud and Disguish
• Crav- cunnning or intellectual machinery. May be absorbed in treachery
• Fraud-deceit; manifested by insidious words or machina1ons.
• Disguise-conceal iden1ty; not aggrava1ng if it did not facilitate commission.
The test of disguise is whether the device or contrivance resorted to by the offender was
intended to or did make iden1fica1on more difficult, such as use of mask.
Superior Strength or Means to Weaken Defense
• Excessive force out propor1on to weaken the defense
• Notorious inequality of forces
• Deliberate intent to take advantage of superior strength
Treachery “Alevosia”
Elements:
• Accused employed means, method or forms of execu1on which tend to insure his safety
from any offensive or retaliatory act on part of offended party; no opportunity was given
to laSer to do so; and
• Means, method or manner of execu1on was deliberately or consciously shown.
Ignominy
• Adds disgrace and obloquy
• Must be deliberate
Unlawful entry
• When the entrance to building is made by way not intended for purpose.
• Made for the purpose of commimng a crime.
• It must be for the purpose of entry and not escape.
• Alleged in informa1on to qualify thev to robbery
• Cannot considered in trespass to dwelling.
Aid of Minor or By Means of Motor Vehicle
• Minor less than 15 years old
• By means of motor vehicle, motorized watercrav or similar means
• Vehicle be purposely used to facilitate crime, without which crime cannot be commiSed
or used to insure success of commission; not appreciated when used as a means to
escape.
• Motor vehicle must have been for the purpose of ensuring the success of their criminal
enterprise. It must be shown that without it the offense charge could not have been
commiSed.
Cruelty
• Deliberate inten1on to prolong physical sufferings of vic1m.
Ignominy –moral suffering
Cruelty- physical suffering
ALTERNATIVE CIRCUMSTANCES

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Are those which must be taken into considera1on as aggravat ing or mi1ga1ng according to the
nature and effects of the crime and the other condi1ons aSending its commission.
Kinds:
• Rela1onship
• Intoxica1on
• Degree of instruc1on and educa1on with homicide
Persons Criminally Liable
Only natural persons can be offenders
• Grave and Less grave felonies: Light Felonies:
1. Principal 1. Principal
2. Accomplice 2. Accomplice
3. Accessory
1. Principals
Kinds of principals
(a) Principal by Direct Par1cipa1on - those who ake direct part in the commission of crime;
(b) Principal by Induc1on- those who directly by force or induce others to commit it; or
(c) Principal by Indispensable coopera1on- those who cooperate in commission of offense by
another without which it would not have been accomplished.
Accomplice
• The coopera1on that the law punishes is the assistance knowingly or inten1onally
rendered, which cannot exist without previous cognizance of the criminal act intended to
be executed.
• Person who, not being principal, cooperates in the execu1on of the offense by previous
or simultaneous acts.
• A rela1on must exist between act of principal and that commiSed by accomplice.
Accesories
They are neither principals nor accomplice but:
1. have knowledge of the commission of the crime;
2. take part subsequent to its commission in any of the following manner:
• By profi1ng themselves or assis1ng the offender to profit from effects of the crime.
• By concealing or destroying corpus delic1 or the effects or instruments thereof, in order
to prevent its discovery.
• By harbouring, concealing or assis1ng an escape of principal if he acts with abuse of public
func1on or when author of crime is guilty of treason, parricide, murder or aSempt on the
life of Chief execu1ve or is known to be habitually guilty of some other crime.
Accessories exempt from Criminal Liability:
Those with respect to their:
1. spouse
2. ascendant
3. descendant
4.legi1mate, natural or adopted brothers and sisters
5. rela1ve by affinity within the same degree
PROVIDED
• They do not profit or assist the offender to profit from the effects of the crime.
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EXCEPT PARAGRAPH 1 of Art 19.
Penalty
is the suffering that is inflicted by the State for the transgression of a law.
Juridical Condi1ons of Penal1es:
Classifica:on of Penal:es
1. According to divisibility
• Indivisible-no fixed dura1on
• Divisible-with fixed dura1on
2. According to gravity
• Afflic1ve
• Correc1onal
• Light
3. According to subject maHer
• Depriva1on of freedom
• Restric1on of freedom
• Depriva1on of rights
• Suspension
Scale of Penal:es
1. PRINCIPAL PENALTIES- those expressly imposed by the court in the judgment of convic:on
Afflic:ve Penal:es:
• Reclusion Perpetua
• Reclusion Temporal
• Perpetual or Temporary Absolute Disqualifica1on
• Perpetual or Temporary Special Disqualifica1on
• Prision Mayor
Correc:onal Penal:es:
• Prision Correc1onal
• Arresto Mayor
• Suspension
• Des1erro
Light Penal:es
• Arresto Menor
• Public Censure
ACCESSORY PENALTIES -those that are deemed included in the imposi:on of the principal
penal:es.
a) Perpetual or Temporary Absolute Disqualifica1on
b) Perpetual or Temporary Special Disqualifica1on
c) Suspension from public office, the right to vote and be voted for, the exercise of profession
or calling.
d) Civil Interdic1on
e) Indemnifica1on
f) Forfeiture or confisca1on or instrument and proceeds of offense
g) Payment of Cost
Costs
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 Shall include fees and indemni1es in the course of the judicial proceedings, whether they
be fixed or unalterable amounts previously determined by law or regula1ons in force, or amounts
not subject to schedule.
Penalty to be imposed upon principals in general. — The penalty prescribed by law for the
commission of a felony shall be imposed upon the principals in the commission of such felony.
Whenever the law prescribes a penalty for a felony is general terms, it shall be understood
as applicable to the consummated felony.
COMPLEX CRIMES
Two kinds of complex crimes:
1. Compound crime (delito compuesto)-When a single act cons1tutes two or more grave or less
grave felonies.
2. Complex crime proper (delito complejo)-When an offense is a necessary means for commimng
the other.
Plurality of crimes consist in the successive execu1on by the same individual of different acts
upon any of which no convic1on has yet been declared.
Con:nuing Crime (delito con:nuado)
• A single act consis1ng of series of acts arising from one criminal resolu1on and is therefore
not a complex crime. The reason is that neither the criminal act nor the inten1on is
suscep1ble of division.
• The reason is that neither the criminal act not the inten1on is suscep1ble of division.
Penal:es to be imposed upon,
• This rule does not apply when specifically provides for penalty for aSempted and
frustrated; accomplice and accessory.

• The 0 is the penalty provided for by law iden1fied as principal and/or consummated.
0-means no change
1-1 degree lower 2- 2 degree lower
3- 3 degree lower 4-4 degree lower
Ex:nc:on Of Criminal Liability
Criminal Liability is Totally ex1nguished:
1. death of the convict, as to personal penal1es; and as to pecuniary penal1es, when the death
occurs before final judgement;
2. service of sentence;
3. amnesty
4.absolute pardon
5. prescrip1on of the crime
6. prescrip1on of the penalty; or
7. marriage of the offended
Prescrip>on of the crime is the forfeiture or loss of the right of the State to prosecute the offender
aver the lapse of a certain 1me.
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Prescrip>on of the penalty is the loss or forfeiture of the right of the Government to execute the
final sentence aver the lapse of a certain 1me.
How crime prescribed?
The moment it was discovered by the offended party or the authori1es, prescrip1on commence
to run.
1. Death, reclusion perpetua or reclusion temporal-20 years
2. Other afflic1ve penal1es-15 years
3. Correc1onal penalty-10 years except arresto mayor-5 years
4. Libel or other similar offenses-1 year
5. Oral defama1on and slander by deed-6 months
6. Light offenses-2 months
Prescrip:on of Penalty
The period of prescripBon of penalBes commences to run from the date when the culprit evaded
the service of his sentence
1. Death, reclusion perpetua or reclusion temporal-20 years
2. Other afflic1ve penal1es-15 years
3. Correc1onal penalty-10 years except arresto mayor-5 years
4. Light penal1es-1 year
Civil liability of Persons Guilty of Felony
• Every person criminally liable for a felony is also civilly liable.
• If no damage, no civil liability even if there is criminal liability.

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