Sources of Philippine Criminal Law.
CRIMINAL LAW IN GENERAL Limitations to Enact Criminal Legislation
Limitations on the power of the lawmaking body to enact penal legislation.
Constitutional rights of the accused.
CRIMINAL LAW IN GENERAL Statutory Rights of the Accused
Statutory rights of the accused.
Rights of the accused which may be waived and rights which may not be waived.
Characteristics of criminal law.
Jurisdiction of military courts.
Exceptions to the general application of Criminal Law.
Treaties or treaty stipulations.
Law of preferential application.
Persons exempt from the operation of our criminal laws by virtue of the principles of public international law.
Two. Territorial, in that criminal laws undertake to punish crimes committed within Philippine territory.
Extent of Philippine territory for purposes of criminal law.
Exceptions to the territorial application of criminal law.
Different effects of repeal of penal law.
Criminal Law in General Different Effects of Repeal of Penal Law.
Construction of penal laws.
Preliminary Title Date of Effectiveness and Application of the Provisions of this Code
HISTORY OF THE REVISED PENAL CODE
DATE OF EFFECTIVENESS OF THE REVISED PENAL CODE
Two theories in Criminal Law.
Characteristics of the classical theory.
Characteristics of the positivist theory.
Scope of the application of the provisions of the Revised Penal Code.
IMPORTANT WORDS AND PHRASES IN ARTICLE TWO
Crimes committed on board foreign merchant ship or airship.
Continuing offense on board a foreign vessel.
Rules as to jurisdiction over crimes committed aboard foreign merchant vessels.
Philippine courts have no jurisdiction over offenses committed on board foreign warships in territorial waters.
Extra-territorial application of Republic Act No. nine thousand three hundred seventy-two.
Title One FELONIES AND CIRCUMSTANCES WHICH AFFECT CRIMINAL LIABILITY
IMPORTANT WORDS AND PHRASES IN ARTICLE THREE.
Example of felony by performing an act.
Meaning of the word "omission."
Examples of felony by omission:
Classification of felonies according to the means by which they are committed.
Intentional felonies and culpable felonies distinguished.
Felonies committed by means of dolo or with malice.
Felonies committed by means of fault or culpa.
Imprudence, negligence, lack of foresight or lack of skill.
Reason for punishing acts of negligence.
Three reasons why the act or omission in felonies must be voluntary.
Requisites of dolo or malice.
Requisites of mistake of fact as a defense:
Ah Chong case and Oanis case distinguished.
No crime of resistance when there is a mistake of fact.
Distinction between general intent and specific intent.
The third class of crimes are those punished by special laws.
U.S. versus Siy Cong Bieng, et al.
Reasons why criminal intent is not necessary in crimes made such by statutory enactment.
Mala in se and mala prohibita, distinguished.
People versus Sunico, et al.
Intent distinguished from motive.
Motive, when relevant and when need not be established.
Motive proved by the evidence.
CRIMINAL LIABILITY Wrongful Act Different From That Intended
Application of Article Four.
CRIMINAL LIABILITY Wrongful Act Different From That Intended
Rationale of rule in paragraph one of Article Four.
IMPORTANT WORDS AND PHRASES IN PARAGRAPH ONE OF ARTICLE FOUR.
CRIMINAL LIABILITY Wrongful Act Different From That Intended
CRIMINAL LIABILITY Wrongful Act Different From That Intended
CRIMINAL LIABILITY Wrongful Act Different From That Intended
CRIMINAL LIABILITY Wrongful Act Different From That Intended
Requisites of paragraph one of Article four.
CRIMINAL LIABILITY Wrongful Act Different From That Intended
CRIMINAL LIABILITY Wrongful Act Different From That Intended
CRIMINAL LIABILITY Wrongful Act Different From That Intended
CRIMINAL LIABILITY Wrongful Act Different From That Intended
CRIMINAL LIABILITY Wrongful Act Different From That Intended
CRIMINAL LIABILITY Wrongful Act Different From That Intended
CRIMINAL LIABILITY Wrongful Act Different From That Intended
CRIMINAL LIABILITY Wrongful Act Different From That Intended
How to determine the proximate cause.
CRIMINAL LIABILITY Wrongful Act Different From That Intended
CRIMINAL LIABILITY Wrongful Act Different From That Intended
The following are not efficient intervening causes:
CRIMINAL LIABILITY Wrongful Act Different From That Intended
Article four CRIMINAL LIABILITY Wrongful Act Different From That Intended
When death is presumed to be the natural consequence of physical injuries inflicted.
Not direct, natural and logical consequence of the felony committed.
CRIMINAL LIABILITY Wrongful Act Different From That Intended
CRIMINAL LIABILITY Wrongful Act Different From That Intended
The felony committed is not the proximate cause of the resulting injury when -
CRIMINAL LIABILITY Impossible Crimes
CRIMINAL LIABILITY Impossible Crimes
Requisites of impossible crime:
IMPORTANT WORDS AND PHRASES IN PARAGRAPH TWO OF ARTICLE FOUR.
CRIMINAL LIABILITY Impossible Crimes
CRIMINAL LIABILITY Impossible Crimes
a. "Inherent impossibility of its accomplishment."
CRIMINAL LIABILITY Impossible Crimes
B. "Employment of inadequate" means.
C. Employment of "ineffectual means."
Purpose of the law in punishing the impossible crime.
"In connection with acts which should be repressed but which are not covered by the law."
Basis of paragraph one, Article five.
"In cases of excessive penalties."
Examples of the accused acting with lesser degree of malice:
Example of total absence of injury:
Executive clemency recommended because of the severity of the penalty for rape.
at this point, this Court can but apply the law.
STAGES OF EXECUTION Definition of Stages
Frustrated felony, defined.
Attempted felony, defined.
STAGES OF EXECUTION Attempted Felony
Elements of attempted felony:
IMPORTANT WORDS AND PHRASES IN ART. SIX.
Preparatory acts and overt acts, distinguished.
STAGES OF EXECUTION Attempted Felony
STAGES OF EXECUTION Attempted Felony
What is an indeterminate offense?
STAGES OF EXECUTION Attempted Felony
Two. "Does not perform all the acts of execution."
Three. "By reason of some cause or accident."
Four. "Other than his own spontaneous desistance."
Subjective phase of the offense.
Definition of subjective phase of the offense.
STAGES OF EXECUTION Frustrated Felony
IMPORTANT WORDS AND PHRASES.
STAGES OF EXECUTION Frustrated Felony
STAGES OF EXECUTION Frustrated Felony
In the following cases, the stage of execution was held to be frustrated, because the wound inflicted was mortal:
STAGES OF EXECUTION Frustrated Felony
STAGES OF EXECUTION Frustrated Felony
Two. "Would produce the felony as a consequence."
Three. "Do not produce it."
Four. "Independent of the will of the perpetrator."
Is there frustration due to inadequate or ineffectual means?
Frustrated felony distinguished from attempted felony.
Attempted or frustrated felony distinguished from impossible crime.
Art. Six Stages of Execution Consummated Felony
IMPORTANT WORDS AND PHRASES.
When not all the elements of a felony are proved.
STAGES OF EXECUTION How to Determine the Three Stages
How to determine whether the crime is only attempted or frustrated or it is consummated.
Elements constituting the felony.
STAGES OF EXECUTION How to Determine the Three Stages
STAGES OF EXECUTION How to Determine the Three Stages
Example of attempted theft.
Art. six STAGES OF EXECUTION How to Determine the Three Stages
Example of attempted estafa by means of deceit.
Examples of frustrated estafa by means of deceit.
Mere removal of personal property, not sufficient to consummate the crime of robbery by the use of force upon things.
STAGES OF EXECUTION How to Determine the Three Stages
Element of intent to kill, when present in inflicting physical injuries.
STAGES OF EXECUTION How to Determine the Three Stages
STAGES OF EXECUTION How to Determine the Three Stages
Five. Material crimes - There are three stages of execution.
STAGES OF EXECUTION How to Determine the Three Stages
STAGES OF EXECUTION How to Determine the Three Stages
Article seven LIGHT FELONIES WHEN PUNISHABLE
IMPORTANT WORDS AND PHRASES.
Reason for the general rule.
Reason for the exception:
Article two hundred sixty-six - Slight physical injuries and maltreatment.
IMPORTANT WORDS AND PHRASES.
Conspiracy as a felony, distinguished from conspiracy as a manner of incurring criminal liability.
Illustrations of conspiracy as felony and as a manner of incurring criminal liability.
Indications of conspiracy.
Period of time to afford opportunity for meditation and reflection, not required in conspiracy.
Article one hundred eighty-six of the Revised Penal Code punishing conspiracy.
Requisites of conspiracy:
First element - agreement presupposes meeting of the minds of two or more persons.
Quantum of proof required to establish conspiracy.
There is no criminal proposal when -
Article eight. Conspiracy and Proposal to Commit Felony
Proposal as an overt act of corruption of public officer.
Classification of felonies according to their gravity.
IMPORTANT WORDS AND PHRASES.
The afflictive penalties in accordance with Article twenty-five of this Code are:
"Penalties which in their maximum period are correc- tional."
The following are correctional penalties:
"The penalty of arresto menor or a fine not exceeding two hundred pesos, or both, is provided."
IMPORTANT WORDS AND PHRASES.
Three. "Unless the latter should specially provide the contrary."
Chapter Two JUSTIFYING CIRCUMSTANCES AND CIRCUMSTANCES WHICH EXEMPT FROM CRIMINAL LIABILITY
One. Justifying circumstances (Article eleven)
Three. Mitigating circumstances (Article thirteen)
Five. Alternative circumstances (Article fifteen)
Imputability, distinguished from responsibility.
One. Justifying Circumstances.
Two. Basis of justifying circumstances.
Article eleven. Justifying circumstances.- The following do not incur any criminal liability:
Article eleven Paragraph one
Paragraph one. Self-Defense.
Rights included in self-defense.
Reason why penal law makes self-defense lawful.
Requisites of self-defense.
Justifying Circumstances Self-Defense
First requisite of self-defense.
Article eleven Paragraph one
Article eleven Paragraph one
Meaning of unlawful aggression.
Article eleven Paragraph one.
Article eleven Paragraph one.
Article eleven Paragraph one.
Reason why slap on the face constitutes unlawful aggression.
Art. eleven Paragraph one
Art. eleven Paragraph one
Art. eleven Paragraph one
Art. eleven Paragraph one
Article eleven Paragraph one
Article eleven Paragraph one
Art. eleven Paragraph one
Art. eleven Paragraph one
Art. eleven Paragraph one
Article eleven Paragraph one
Article eleven Paragraph one
Examples of threats to inflict real injury:
defendant, such act is considered unlawful aggression.
Second Requisite of Defense of Person or Right: Reasonable necessity of the means employed to prevent or repel it.
Art. eleven Paragraph one
One. Necessity of the course of action taken.
a. Place and occasion of the assault considered.
b. The darkness of the night and the surprise which characterized the assault considered.
No necessity of the course of action taken.
When aggressor is disarmed.
Art. eleven Paragraph one
Art. eleven Paragraph one
Two. Necessity of the means used.
The test of reasonableness of the means used.
One. The nature and quality of the weapons:
Art. eleven Paragraph one
Two. Physical condition, character and size.
Article eleven Paragraph one
Three. Other circumstances considered.
Article eleven Paragraph one
First two requisites common to three kinds of legitimate defense.
Third requisite of self-defense.
Reason for the third requisite of self-defense.
Cases in which third requisite of self-defense considered present.
How to determine the sufficiency of provocation.
Article eleven Paragraph one
Sufficient provocation not given by the person defending himself.
Illustration of the three requisites of self-defense.
Battered Woman Syndrome as a defense.
The Battered Woman Syndrome, explained.
Effect of Battery on Appellant
JUSTIFYING CIRCUMSTANCES Defense of Stranger
Paragraph three - DEFENSE OF STRANGER.
JUSTIFYING CIRCUMSTANCES Defense of Stranger
Basis of defense of stranger.
Third requisite of defense of stranger.
Who are deemed strangers?
The person defending "be not induced."
JUSTIFYING CIRCUMSTANCES Avoidance of Greater Evil or Injury
Examples of defense of stranger:
Furnishing a weapon to one in serious danger of being throttled is defense of stranger.
Paragraph four - Avoidance of Greater Evil or Injury.
Article eleven Justifying Circumstances Paragraph four Avoidance of Greater Evil or Injury
Example of injury to person under paragraph four:
"That the injury feared be greater than that done to avoid it."
Justifying Circumstances Avoidance of Greater Evil or Injury
Examples of damage to property under paragraph four:
Justifying Circumstances Fulfillment of Duty or Lawful Exercise of Right or Office
Paragraph five - Fulfillment of Duty or Lawful Exercise of Right or Office.
Justifying Circumstances Fulfillment of Duty or Lawful Exercise of Right or Office
JUSTIFYING CIRCUMSTANCES Fulfillment of Duty or Lawful Exercise of Right or Office
JUSTIFYING CIRCUMSTANCES Fulfillment of Duty or Lawful Exercise of Right or Office
JUSTIFYING CIRCUMSTANCES Fulfillment of Duty or Lawful Exercise of Right or Office
Legitimate performance of duty.
JUSTIFYING CIRCUMSTANCES Fulfillment of Duty or Lawful Exercise of Right or Office
Distinguished from self-defense and from consequence of felonious act.
JUSTIFYING CIRCUMSTANCES Fulfillment of Duty or Lawful Exercise of Right or Office
Lawful exercise of right or office.
Doctrine of "self-help" under Article four hundred twenty-nine, Civil Code, applied in Criminal Law.
JUSTIFYING CIRCUMSTANCES Fulfillment of Duty or Lawful Exercise of Right or Office
Article eleven JUSTIFYING CIRCUMSTANCES Par. six Obedience to an Order Issued for Some Lawful Purpose
Par. six. - OBEDIENCE TO AN ORDER ISSUED FOR SOME LAWFUL PURPOSE.
JUSTIFYING CIRCUMSTANCES Obedience to an Order Issued for Some Lawful Purpose
Two. Exempting circumstances.
Article twelve. Circumstances which exempt from criminal liability. - The following are exempt from criminal liability:
EXEMPTING CIRCUMSTANCES Imbecility or Insanity
Paragraph one. An imbecile or an insane person, unless the latter has acted during a lucid interval.
Art. twelve Paragraph one
EXEMPTING CIRCUMSTANCES Imbecility or Insanity
Insanity at the time of the commission of the felony distinguished from insanity at the time of the trial.
When defense of insanity is not credible.
EXEMPTING CIRCUMSTANCES Imbecility or Insanity
Epilepsy may be covered by the term "insanity."
EXEMPTING CIRCUMSTANCES Imbecility or Insanity
Amnesia is not proof of mental condition of the accused.
Other cases of lack of intelligence.
EXEMPTING CIRCUMSTANCES Minor Under Nine Years
Two. A person under nine years of age.
Article twelve Paragraph three
Meaning of "discernment."
Discernment and Intent distinguished.
One. Manner of committing the crime.
Two. Conduct of offender.
Article twelve Paragraph four.
When claim of accident not appreciated.
Paragraph five. - Any person who acts under the compulsion of an irresistible force.
No compulsion of irresistible force.
Nature of force required.
Paragraph six. - Any person who acts under the impulse of an uncontrollable fear of an equal or greater injury.
Nature of duress as a valid defense.
Article twelve EXEMPTING CIRCUMSTANCES Uncontrollable Fear
Command of Hukbalahap killers, as cause of uncontrollable fear.
Art. twelve Paragraph six
EXEMPTING CIRCUMSTANCES Prevented By Insuperable Cause
Distinction between irresistible force and uncontrollable fear.
Paragraph seven. - Any person who fails to perform an act required by law, when prevented by some lawful or insuperable cause.
When prevented by some lawful cause.
EXEMPTING CIRCUMSTANCES Prevented By Insuperable Cause
When prevented by some insuperable cause.
Basis of paragraph seven.
Distinction between justifying and exempting circumstances.
Absolutory causes, defined.
Instigation is an absolutory cause.
Basis of exemption from criminal liability.
Entrapment is not an absolutory cause.
Entrapment and instigation distinguished.
ENTRAPMENT AND INSTIGATION DISTINGUISHED
Art. twelve COMPLETE DEFENSES IN CRIMINAL CASES
Complete defenses in criminal cases.
Three. Mitigating circumstances.
Classes of mitigating circumstances.
Privileged mitigating circumstances applicable only to particular crimes.
Article thirteen MITIGATING CIRCUMSTANCES Distinctions Between Ordinary and Privileged
Chapter three CIRCUMSTANCES WHICH MITIGATE CRIMINAL LIABILITY
Art. thirteen MITIGATING CIRCUMSTANCES Paragraph one Incomplete Justifying or Exempting Circumstances
MITIGATING CIRCUMSTANCES Incomplete Justifying or Exempting Circumstances
Example of incomplete defense.
Example of incomplete self-defense.
MITIGATING CIRCUMSTANCES Incomplete Justifying or Exempting Circumstances
Example of incomplete defense of relative.
Two. Incomplete justifying circumstance of avoidance of greater evil or injury.
Three. Incomplete justifying circumstance of performance of duty.
MITIGATING CIRCUMSTANCES Incomplete Justifying or Exempting Circumstances
MITIGATING CIRCUMSTANCES Incomplete Justifying or Exempting Circumstances
Four. Incomplete justifying circumstance of obedience to an order.
When all the requisites necessary to exempt from criminal liability are not attendant.
Two. Incomplete exempting circumstance of accident.
MITIGATING CIRCUMSTANCES Incomplete Justifying or Exempting Circumstances
Three. Incomplete exempting circumstance of uncontrollable fear.
MITIGATING CIRCUMSTANCES Incomplete Justifying or Exempting Circumstances
MITIGATING CIRCUMSTANCES Under Eighteen or Over Seventy Years Old
Meaning of Diversion and Diversion Program under Republic Act nine thousand three hundred forty-four
Conferencing, Mediation and Conciliation.
MITIGATING CIRCUMSTANCES Under Eighteen or Over Seventy Years Old
Duty of the Punong Barangay or the Law Enforcement Officer when there is no diversion.
Determination of age of child in conflict with the law.
MITIGATING CIRCUMSTANCES Under Eighteen or Over Seventy Years Old
MITIGATING CIRCUMSTANCES No Intention to Commit So Grave A Wrong
Rule for the application of this paragraph.
Article thirteen. Mitigating Circumstances. Paragraph three. No Intention to Commit So Grave a Wrong.
Mitigating Circumstances. No Intention to Commit So Grave a Wrong.
Mitigating Circumstances. No Intention to Commit So Grave a Wrong.
MITIGATING CIRCUMSTANCES No Intention to Commit So Grave A Wrong
MITIGATING CIRCUMSTANCES No Intention to Commit So Grave A Wrong
MITIGATING CIRCUMSTANCES No Intention to Commit So Grave A Wrong
Is Art. thirteen, par. three, applicable to felonies where the intention of the offender is immaterial?
Basis of paragraph three.
Paragraph four. That sufficient provocation or threat on the part of the offended party immediately preceded the act.
Examples of sufficient provocation.
Article thirteen Paragraph four
Article thirteen Paragraph four
Provocation held not sufficient.
Article thirteen Paragraph four
Article thirteen Paragraph four
Article thirteen Paragraph four
Article thirteen Paragraph five
Article thirteen Paragraph five
Interval of time negating vindication.
Article thirteen Paragraph five
Distinguish provocation from vindication.
Reason for the difference.
Article thirteen Paragraph five
Basis to determine the gravity of offense in vindication.
Considered grave offense:
Art. thirteen Paragraph five
The provocation should be proportionate to the damage caused by the act and adequate to stir one to its commission.
Art. thirteen Paragraph six
Vindication of a grave offense incompatible with passion or obfuscation.
Paragraph six. That of having acted upon an impulse so powerful as naturally to have produced passion or obfuscation.
Why passion or obfuscation is mitigating.
Rule for the application of this paragraph.
Requisites of the mitigating circumstance of passion or obfuscation:
MITIGATING CIRCUMSTANCES Passion or Obfuscation
Exercise of a right or fulfillment of duty is not a proper source of passion or obfuscation.
Article thirteen. Mitigating Circumstances. Passion or Obfuscation
The act must be sufficient to produce such a condition of mind.
Mitigating Circumstances. Passion or Obfuscation
Article thirteen. Paragraph six.
Article thirteen paragraph six.
Article thirteen paragraph six.
Article thirteen paragraph six.
Art. thirteen Paragraph six
Illustration of impulse of special motives.
Obfuscation arising from jealousy.
Art. thirteen Paragraph six
Obfuscation - when relationship is illegitimate - not mitigating.
May passion or obfuscation lawfully arise from causes existing only in the honest belief of the offender?
Art. thirteen Paragraph six
Art. thirteen Paragraph six
Vindication of grave offense cannot co-exist with passion and obfuscation.
Exception - When there are other facts, although closely connected.
Passion or obfuscation compatible with lack of intention to commit so grave a wrong.
Passion or obfuscation incompatible with treachery.
Vindication or obfuscation cannot be considered when the person attacked is not the one who gave cause therefor.
Passion and obfuscation cannot co-exist with evident premeditation.
Passion or obfuscation distinguished from irresistible force.
MITIGATING CIRCUMSTANCES Surrender and Confession of Guilt
Passion or obfuscation distinguished from provocation.
One. Voluntary surrender to a person in authority or his agents.
Requisites of voluntary surrender.
Article thirteen Paragraph seven
Requisite of voluntariness.
Cases of voluntary surrender.
MITIGATING CIRCUMSTANCES Surrender and Confession of Guilt
Cases not constituting voluntary surrender.
Not mitigating when defendant was in fact arrested.
Art. thirteen Paragraph seven
Time and place of surrender.
Art. thirteen Paragraph seven
Surrender through an intermediary.
Art. thirteen Paragraph seven
The surrender must be spontaneous.
Article thirteen Paragraph seven
Article thirteen Paragraph seven
Requisites of plea of guilty.
Article thirteen Paragraph seven
Plea of guilty on appeal, not mitigating.
Philosophy behind the rule.
Plea of not guilty at the preliminary investigation is no plea at all.
Article thirteen Paragraph seven
The confession of guilt must be made in open court.
The confession of guilt must be made prior to the presentation of the evidence for the prosecution.
Withdrawal of plea of not guilty and pleading guilty before presentation of evidence by prosecution is still mitigating.
Article thirteen Paragraph seven
The change of plea should be made at the first opportunity.
A conditional plea of guilty is not a mitigating circumstance.
Death penalty changed to life imprisonment because of plea of guilty, even if done during the presentation of evidence.
Plea of guilty to amended information.
Article thirteen MITIGATING CIRCUMSTANCES Surrender and Confession of Guilt
Plea of guilty to lesser offense than that charged, not mitigating.
When the accused is charged with a grave offense, the court should take his testimony in spite of his plea of guilty.
Mandatory presentation of evidence in plea of guilty to capital offense.
Reasons why plea of guilty is mitigating.
moral disposition in the accused, favorable to his reform.
Basis of paragraph seven.
Basis of paragraph eight.
Art. thirteen Paragraph nine
Illness of the offender considered mitigating.
MITIGATING CIRCUMSTANCES Similar and Analogous Circumstances
Paragraph ten. And, finally, any other circumstance of a similar nature and analogous to those abovementioned.
MITIGATING CIRCUMSTANCES Similar and Analogous Circumstances
MITIGATING CIRCUMSTANCES Similar and Analogous Circumstances
MITIGATING CIRCUMSTANCES Similar and Analogous Circumstances
MITIGATING CIRCUMSTANCES Personal Nature
Mitigating circumstances which are personal to the offenders.
Mitigating circumstances which arise from the moral attributes of the offender.
Mitigating circumstances which arise from the private relations of the offender with the offended party.
AGGRAVATING CIRCUMSTANCES Definition
Circumstances which are neither exempting nor mitigating.
Four. Aggravating Circumstances.
AGGRAVATING CIRCUMSTANCES Basis and Kinds
Four kinds of aggravating circumstances.
Two. Specific - Those that apply only to particular crimes.
Three. Qualifying - Those that change the nature of the crime.
Four. Inherent - Those that must of necessity accompany the commission of the crime. (Article sixty-two, paragraph two)
AGGRAVATING CIRCUMSTANCES Distinctions Between Qualifying and Generic
Article thirteen AGGRAVATING CIRCUMSTANCES Effect and Penalty
Aggravating circumstances which do not have the effect of increasing the penalty.
AGGRAVATING CIRCUMSTANCES Application
Aggravating circumstances which are personal to the offenders.
Art. thirteen AGGRAVATING CIRCUMSTANCES Aggravating Circumstances Not Presumed
Aggravating circumstances not presumed.
Chapter Four CIRCUMSTANCES WHICH AGGRAVATE CRIMINAL LIABILITY
Art. fourteen AGGRAVATING CIRCUMSTANCES Codal Provisions
AGGRAVATING CIRCUMSTANCES Advantage Taken of Public Position
Par. One. That advantage be taken by the offender of his public position.
AGGRAVATING CIRCUMSTANCES Advantage Taken of Public Position
Meaning of "advantage be taken by the offender of his public position."
AGGRAVATING CIRCUMSTANCES Advantage Taken of Public Position
Note: The crime committed by Torrida is estafa by means of deceit.
AGGRAVATING CIRCUMSTANCES Advantage Taken of Public Position
AGGRAVATING CIRCUMSTANCES Advantage Taken of Public Position
Not aggravating when it is an integral element of, or inherent in, the offense.
AGGRAVATING CIRCUMSTANCES Contempt or Insult to Public Authorities
Paragraph two. That the crime be committed in contempt of or with insult to the public authorities.
AGGRAVATING CIRCUMSTANCES Contempt or Insult to Public Authorities
Meaning of "public authority."
Article fourteen Paragraph three
AGGRAVATING CIRCUMSTANCES Disregard of Rank, Age, Sex or Dwelling of Offended Party
Meaning of "with insult or in disregard."
AGGRAVATING CIRCUMSTANCES Disregard of Rank, Age, Sex or Dwelling of Offended Party
AGGRAVATING CIRCUMSTANCES Disregard of Rank, Age, Sex or Dwelling of Offended Party
AGGRAVATING CIRCUMSTANCES Disregard of Rank, Age, Sex or Dwelling of Offended Party
Disregard of old age not aggravating in robbery with homicide.
AGGRAVATING CIRCUMSTANCES Disregard of Rank, Age, Sex or Dwelling of Offended Party
Not applicable in certain cases.
AGGRAVATING CIRCUMSTANCES Disregard of Rank, Age, Sex or Dwelling of Offended Party
AGGRAVATING CIRCUMSTANCES Disregard of Rank, Age, Sex or Dwelling of Offended Party
Basis of this aggravating circumstance.
What aggravates the commission of the crime in one's dwelling:
AGGRAVATING CIRCUMSTANCES Disregard of Rank, Age, Sex or Dwelling of Offended Party
Meaning of provocation in the aggravating circumstance of dwelling.
AGGRAVATING CIRCUMSTANCES Disregard of Rank, Age, Sex or Dwelling of Offended Party
AGGRAVATING CIRCUMSTANCES Disregard of Rank, Age, Sex or Dwelling of Offended Party
AGGRAVATING CIRCUMSTANCES Disregard of Rank, Age, Sex or Dwelling of Offended Party
AGGRAVATING CIRCUMSTANCES Disregard of Rank, Age, Sex or Dwelling of Offended Party
Dwelling is not aggravating in the following cases:
AGGRAVATING CIRCUMSTANCES Disregard of Rank, Age, Sex or Dwelling of Offended Party
AGGRAVATING CIRCUMSTANCES Abuse of Confidence and Obvious Ungratefulness
AGGRAVATING CIRCUMSTANCES Abuse of Confidence and Obvious Ungratefulness
Confidence does not exist.
AGGRAVATING CIRCUMSTANCES Abuse of Confidence and Obvious Ungratefulness
AGGRAVATING CIRCUMSTANCES Abuse of Confidence and Obvious Ungratefulness
AGGRAVATING CIRCUMSTANCES Palace and Places of Commission of Offense
AGGRAVATING CIRCUMSTANCES
Place dedicated to religious worship.
AGGRAVATING CIRCUMSTANCES Nighttime, Uninhabited Place or Band
Basis of the aggravating circumstances.
Illustration of taking advantage of nighttime.
AGGRAVATING CIRCUMSTANCES Nighttime, Uninhabited Place or Band
Meaning of "especially sought for," "for the purpose of impunity," and "took advantage thereof."
AGGRAVATING CIRCUMSTANCES Nighttime, Uninhabited Place or Band
AGGRAVATING CIRCUMSTANCES Nighttime, Uninhabited Place or Band
AGGRAVATING CIRCUMSTANCES Nighttime, Uninhabited Place or Band
AGGRAVATING CIRCUMSTANCES Nighttime, Uninhabited Place or Band
Art. fourteen AGGRAVATING CIRCUMSTANCES Paragraph six Nighttime, Uninhabited Place or Band
AGGRAVATING CIRCUMSTANCES Nighttime, Uninhabited Place or Band
AGGRAVATING CIRCUMSTANCES Nighttime, Uninhabited Place or Band
AGGRAVATING CIRCUMSTANCES On Occasion of Calamity or Misfortune
AGGRAVATING CIRCUMSTANCES Aid of Armed Men, etc.
"Chaotic condition" as an aggravating circumstance.
Paragraph eight. That the crime be committed with the aid of one armed men, or two persons who insure or afford impunity.
Article fourteen Paragraph eight
Examples of "with the aid of armed men."
AGGRAVATING CIRCUMSTANCES Aid of Armed Men, etc.
Paragraph nine. — That the accused is a recidivist.
Article fourteen Paragraph nine
Article fourteen Paragraph nine
AGGRAVATING CIRCUMSTANCES Reiteracion or Habituality
Art. fourteen Paragraph ten
AGGRAVATING CIRCUMSTANCES Reiteracion or Habituality
Recidivism and reiteracion, distinguished.
AGGRAVATING CIRCUMSTANCES Reiteracion or Habituality
The four forms of repetition are:
Article fourteen Paragraph eleven
Article fourteen Paragraph eleven
AGGRAVATING CIRCUMSTANCES By Means of Inundation, Fire, etc.
AGGRAVATING CIRCUMSTANCES By Means of Inundation, Fire, etc.
Two. "By means of explosion"
AGGRAVATING CIRCUMSTANCES By Means of Inundation, Fire, etc.
Three. "By means of derailment of locomotive"
Paragraph twelve distinguished from Paragraph seven.
AGGRAVATING CIRCUMSTANCES Evident Premeditation
Paragraph thirteen. That the act be committed with evident premeditation.
Illustration of deliberate planning of the act before executing it.
AGGRAVATING CIRCUMSTANCES Evident Premeditation
Essence of premeditation.
AGGRAVATING CIRCUMSTANCES Evident Premeditation
Requisites of evident premeditation:
AGGRAVATING CIRCUMSTANCES Evident Premeditation
Other illustrative cases.
AGGRAVATING CIRCUMSTANCES Evident Premeditation
Second requisite necessary.
AGGRAVATING CIRCUMSTANCES Evident Premeditation
What is sufficient lapse of time?
Three hours or less considered sufficient lapse of time.
AGGRAVATING CIRCUMSTANCES Evident Premeditation
Why sufficient time is required.
Art. fourteen Paragraph thirteen
Conspiracy generally presupposes premeditation.
Evident premeditation and price or reward can co-exist.
AGGRAVATING CIRCUMSTANCES Evident Premeditation
When victim is different from that intended, premeditation is not aggravating.
AGGRAVATING CIRCUMSTANCES Evident Premeditation
Reason for the difference of the rulings.
AGGRAVATING CIRCUMSTANCES Craft, Fraud or Disguise
Paragraph fourteen. That one, two, or three be employed. Basis of this aggravating circumstance.
AGGRAVATING CIRCUMSTANCES Craft, Fraud or Disguise
Application of this paragraph.
Craft involves intellectual trickery and cunning on the part of the accused.
AGGRAVATING CIRCUMSTANCES Craft, Fraud or Disguise
Article fourteen AGGRAVATING CIRCUMSTANCES Craft, Fraud or Disguise
AGGRAVATING CIRCUMSTANCES Craft, Fraud or Disguise
AGGRAVATING CIRCUMSTANCES Craft, Fraud or Disguise
Disguise involves resorting to any device to conceal identity.
AGGRAVATING CIRCUMSTANCES Superior Strength or Means to Weaken Defense
Paragraph fifteen. That (one) advantage be taken of superior strength, or (two) means be employed to weaken the defense.
AGGRAVATING CIRCUMSTANCES Superior Strength or Means to Weaken Defense
AGGRAVATING CIRCUMSTANCES Superior Strength or Means to Weaken Defense
Abuse of superior strength when a man attacks a woman with a weapon.
Art. fourteen Paragraph fifteen
AGGRAVATING CIRCUMSTANCES Superior Strength or Means to Weaken Defense
When abuse of superior strength is aggravating.
AGGRAVATING CIRCUMSTANCES Superior Strength or Means to Weaken Defense
AGGRAVATING CIRCUMSTANCES Superior Strength or Means to Weaken Defense
AGGRAVATING CIRCUMSTANCES Superior Strength or Means to Weaken Defense
AGGRAVATING CIRCUMSTANCES Superior Strength or Means to Weaken Defense
Other crimes in which abuse of superior strength is aggravating.
The circumstance of "by a band" and that of "abuse of superior strength," distinguished.
AGGRAVATING CIRCUMSTANCES Superior Strength or Means to Weaken Defense
Aggravating circumstances absorbing band.
AGGRAVATING CIRCUMSTANCES Article fourteen Superior Strength or Means to Weaken Defense Paragraph fifteen
Means employed to weaken defense.
Intoxicating the victim to weaken defense.
Applicable only to crimes against persons, etc.
Article fourteen Paragraph sixteen
Means to weaken the defense absorbed in treachery.
Paragraph sixteen. That the act be committed with treachery (alevosia).
Rules regarding treachery.
AGGRAVATING CIRCUMSTANCES Treachery
Applicable only to crimes against persons.
AGGRAVATING CIRCUMSTANCES Treachery
AGGRAVATING CIRCUMSTANCES Treachery
The mode of attack must be consciously adopted.
Article fourteen Paragraph sixteen
In the following cases, it was held that there was treachery:
AGGRAVATING CIRCUMSTANCES Treachery
Art. fourteen Paragraph sixteen
AGGRAVATING CIRCUMSTANCES Treachery
When treachery is not present.
AGGRAVATING CIRCUMSTANCES Treachery
When treachery cannot be considered.
In the following cases, it was held that there was treachery:
AGGRAVATING CIRCUMSTANCES Treachery
AGGRAVATING CIRCUMSTANCES Treachery
Attacks showing intention to eliminate risk.
AGGRAVATING CIRCUMSTANCES Treachery
AGGRAVATING CIRCUMSTANCES Treachery
AGGRAVATING CIRCUMSTANCES Treachery
AGGRAVATING CIRCUMSTANCES Treachery
Article fourteen AGGRAVATING CIRCUMSTANCES Paragraph sixteen Treachery
AGGRAVATING CIRCUMSTANCES Treachery
AGGRAVATING CIRCUMSTANCES Treachery
AGGRAVATING CIRCUMSTANCES Treachery
AGGRAVATING CIRCUMSTANCES Treachery
AGGRAVATING CIRCUMSTANCES Treachery
Art. fourteen AGGRAVATING CIRCUMSTANCES Treachery
AGGRAVATING CIRCUMSTANCES Treachery
AGGRAVATING CIRCUMSTANCES Treachery
that the accused attempted vainly to open the door of the closet; and that when he failed, he judged the position of the head of the governor before firing his revolver. Evidently, a certain period of
AGGRAVATING CIRCUMSTANCES Treachery
AGGRAVATING CIRCUMSTANCES Treachery
AGGRAVATING CIRCUMSTANCES Treachery
AGGRAVATING CIRCUMSTANCES Treachery
AGGRAVATING CIRCUMSTANCES Treachery
AGGRAVATING CIRCUMSTANCES Treachery
AGGRAVATING CIRCUMSTANCES Ignominy
Basis of this aggravating circumstance.
AGGRAVATING CIRCUMSTANCES Ignominy
AGGRAVATING CIRCUMSTANCES Ignominy
AGGRAVATING CIRCUMSTANCES Unlawful Entry
Basis of this aggravating circumstance.
Meaning of unlawful entry.
AGGRAVATING CIRCUMSTANCES Unlawful Entry
Application of this circumstance.
AGGRAVATING CIRCUMSTANCES Breaking Wall
Unlawful entry is not aggravating in trespass to dwelling.
Basis of this aggravating circumstance.
AGGRAVATING CIRCUMSTANCES Breaking Wall
Where breaking of door or window is lawful.
Article fourteen AGGRAVATING CIRCUMSTANCES Par. twenty Aid of Minor or by Means of Motor Vehicles
Basis of the aggravating circumstances.
AGGRAVATING CIRCUMSTANCES Aid of Minor or by Means of Motor Vehicles
AGGRAVATING CIRCUMSTANCES Aid of Minor or by Means of Motor Vehicles
Estafa, which is committed by means of deceit or abuse of confidence, cannot be committed by means of motor vehicle.
Examples of crimes committed by means of motor vehicle.
AGGRAVATING CIRCUMSTANCES Cruelty
Basis of this aggravating circumstance.
AGGRAVATING CIRCUMSTANCES Cruelty
Cruelty considered in murder by burning mouth of child.
Cruelty considered in extracting victim's eye and stuffing his mouth with mud.
When the series of acts causing unnecessary sufferings of victim took place in rapid succession, is there cruelty?
AGGRAVATING CIRCUMSTANCES Cruelty
No cruelty when other wrong was done after victim was dead.
Ignominy distinguished from cruelty.
Article fourteen Paragraph twenty-one
Rape as aggravating in murder.
Aggravating circumstances peculiar to certain felonies.
ALTERNATIVE CIRCUMSTANCES Definition and Basis
Alternative Circumstances
Two. Basis of the alternative circumstances.
Chapter Five ALTERNATIVE CIRCUMSTANCES
The alternative circumstances are:
ALTERNATIVE CIRCUMSTANCES Relationship
Other relatives included.
When mitigating and when aggravating.
ALTERNATIVE CIRCUMSTANCES Relationship
ALTERNATIVE CIRCUMSTANCES Relationship
ALTERNATIVE CIRCUMSTANCES Relationship
Reason for the difference in the rule.
Evidence for intoxication to be aggravating.
ALTERNATIVE CIRCUMSTANCES Intoxication
ALTERNATIVE CIRCUMSTANCES Intoxication
Reasons for the alternative circumstance of intoxication.
Degree of instruction and education of the offender.
Lack of instruction, as mitigating.
ALTERNATIVE CIRCUMSTANCES Degree of Instruction and Education of Offender
Lack of sufficient intelligence is required in illiteracy.
ALTERNATIVE CIRCUMSTANCES Degree of Instruction and Education of Offender
Article fifteen ALTERNATIVE CIRCUMSTANCES Degree of Instruction and Education of Offender
ALTERNATIVE CIRCUMSTANCES Degree of Instruction and Education of Offender
High degree of instruction, as aggravating.
Article fifteen. Alternative Circumstances Degree of Instruction and Education of Offender
Title two. Persons Criminally LIABLE for Felonies
The following are criminally liable for light felonies:
Treble division of persons criminally liable.
Rules relative to light felonies:
Active subject and passive subject of crime.
Persons Criminally LIABLE for Felonies
Passive subject of crime.
Art. seventeen. Principals. The following are considered principals:
Two or more persons participating in the crime.
Illustration of the three types of principals.
Difference between a principal under any of the three categories enumerated in Art. seventeen and a co-conspirator.
PRINCIPALS IN GENERAL Principals by Direct Participation
PAR. ONE. - PRINCIPALS BY DIRECT PARTICIPATION.
PRINCIPALS IN GENERAL Principals by Direct Participation
First requisite - Participation in the criminal resolution.
PRINCIPALS IN GENERAL Principals by Direct Participation
Conspiracy transcends companionship.
PRINCIPALS IN GENERAL Principals by Direct Participation
Formal agreement or previous acquaintance among several persons not necessary in conspiracy.
PRINCIPALS IN GENERAL Principals by Direct Participation
Article seventeen PRINCIPALS IN GENERAL Paragraph one Principals by Direct Participation
PRINCIPALS IN GENERAL Principals by Direct Participation
Participation in criminal resolution essential.
PRINCIPALS IN GENERAL Principals by Direct Participation
PRINCIPALS IN GENERAL Principals by Direct Participation
PRINCIPALS IN GENERAL Principals by Direct Participation
Conspiracy shown by circumstances.
PRINCIPALS IN GENERAL Principals by Direct Participation
PRINCIPALS IN GENERAL Principals by Direct Participation
PRINCIPALS IN GENERAL Principals by Direct Participation
Unity of purpose and intention in the commission of the crime is shown in the following cases:
Art. seventeen Paragraph one
No participation in criminal design when the act of one came so close upon the heels of that of the other.
PRINCIPALS IN GENERAL Principals by Direct Participation
PRINCIPALS IN GENERAL Principals by Direct Participation
PRINCIPALS IN GENERAL Principals by Direct Participation
Liability of participants where there is conspiracy.
PRINCIPALS IN GENERAL Principals by Direct Participation
PRINCIPALS IN GENERAL Principals by Direct Participation
PRINCIPALS IN GENERAL Principals by Direct Participation
PRINCIPALS IN GENERAL Principals by Direct Participation
PRINCIPALS IN GENERAL Principals by Direct Participation
PRINCIPALS IN GENERAL Principals by Direct Participation
PRINCIPALS IN GENERAL Principals by Direct Participation
Second requisite - (Principals by direct participation)
PRINCIPALS IN GENERAL Principals by Direct Participation
Paragraph two. Principals by Induction.
PRINCIPALS IN GENERAL Principals by Induction
Two ways of becoming principal by induction.
By directly forcing another to commit a crime.
By directly inducing another to commit a crime.
Article seventeen Paragraph two
Illustration of the first requisite.
PRINCIPALS IN GENERAL Principals by Induction
Article seventeen Paragraph two
Meaning of the second requisite.
PRINCIPALS IN GENERAL Principals by Induction
Article seventeen Paragraph two
PRINCIPALS IN GENERAL Principals by Induction
Illustration of this requisite:
Illustration of this requisite:
PRINCIPALS IN GENERAL Principals by Induction
People versus Kiichi Omine
PRINCIPALS IN GENERAL Principals by Induction
Requisites considered in determining the liability of a person accused as principal by inducement.
Principal by inducement in falsification.
PRINCIPALS IN GENERAL Principals by Induction
Distinguish principal by inducement from the offender who made proposal to commit a felony.
Effects of acquittal of principal by direct participation upon the liability of principal by inducement.
Possessor of recently stolen property is a principal.
PRINCIPALS IN GENERAL Principals by Indispensable Cooperation
PAR. Three. - PRINCIPALS BY INDISPENSABLE COOPERATION.
Meaning of the term "cooperate."
May there be cooperation by acts of negligence?
PRINCIPALS IN GENERAL Principals by Indispensable Cooperation
PRINCIPALS IN GENERAL Principals by Indispensable Cooperation
PRINCIPALS IN GENERAL Principals by Indispensable Cooperation
Liability of conspirators who took turns in raping a girl.
PRINCIPALS IN GENERAL Principals by Indispensable Cooperation
Collective criminal responsibility.
Individual criminal responsibility.
Example of individual responsibility.
Distinction between accomplice and conspirator.
In order that a person may be considered an accomplice, the following requisites must concur.
How an accomplice acquires knowledge of the criminal design of the principal.
Concurrence with the criminal purpose of another may make one a co-principal.
No knowledge of the criminal design of the principal - not an accomplice.
The accomplice intends by his acts, to commit or take part in the execution of the crime.
Examples of cooperation by accomplice:
In these cases, the following rules are indicated:
Distinguish accomplice from principal in general.
Distinguish an accomplice from a principal by cooperation.
Distinguish an accomplice from a principal by direct participation.
IMPORTANT WORDS AND PHRASES IN ARTICLE NINETEEN.
Two. "Commission of the crime."
Three. "Without having participated therein either as principals or accomplices."
Four. "Take part subsequent to its commission."
Specific acts of accessories.
a. By profiting themselves by the effects of the crime.
When is profiting by the effects of the crime punished as the act of principal, and not the act of accessory?
b. Assisting the offender to profit by the effects of the crime. Examples:
Two. By concealing or destroying the body of the crime to prevent its discovery.
Examples of concealing the body of the crime.
Concealing or destroying the effects or instruments of the crime to prevent its discovery.
Is a person who merely received a property knowing it to be stolen liable as an accessory?
When is conviction of accessory possible, even if principal is acquitted?
When the alleged principal is acquitted, may the accessory be convicted?
Heavy penalties for accessories in robbery and theft.
SECTION TWO. Definition of Terms. - The following terms shall mean as follows:
SECTION THREE. Penalties. - Any person guilty of fencing shall be punished as hereunder indicated:
SECTION EIGHT. Effectivity. - This Decree shall take effect upon approval.
Accessory distinguished from principal and from accomplice.
Article twenty ACCESSORIES EXEMPT FROM CRIMINAL LIABILITY
Principals related to accessories exempt from criminal liability.
Article twenty. Accessories exempt from criminal liability
Liability of a public officer when related to the principal.
Different juridical conditions of penalty:
What is the purpose of the State in punishing crimes?
Theories justifying penalty:
The penalty under this Code has three-fold purpose.
Art. twenty-one. Penalties that may be imposed
Constitutional restriction on penalties.
Penalties that may be imposed
Reason for the provision.
Reason for the exception.
"Who is not a habitual criminal?"
When new law is expressly made inapplicable.
Republic Act Number nine thousand three hundred forty-six given retroactive effect.
Article twenty-two and Article three hundred sixty-six compared.
Lagrimas case and Tamayo case compared.
No retroactive effect of penal laws as regards jurisdiction of court.
What penalty may be imposed for the commission of a felony?
Article twenty-four Measures of Prevention Not Penalties
MEASURES OF PREVENTION NOT PENALTIES Article Twenty-four
Chapter Two CLASSIFICATION OF PENALTIES
CLASSIFICATION OF PENALTIES Article Twenty-five
Art. twenty-six FINE, WHEN AFFLICTIVE, CORRECTIONAL OR LIGHT
FINE, WHEN AFFLICTIVE, CORRECTIONAL OR LIGHT
Chapter Three DURATION AND EFFECT OF PENALTIES
Arresto mayor. - The duration of the penalty of arresto mayor shall be from one month and one day to six months.
Duration of each of different penalties.
In what cases is destierro imposed?
Rules for the computation of penalties.
Examples of temporary penalties:
Examples of penalties consisting in deprivation of liberty:
Reason for Rule Number one:
When is there preventive imprisonment?
Illustration of the application of this article.
Must preventive imprisonment be considered in perpetual penalties?
Offenders not entitled to the full time or four-fifths of the time of preventive imprisonment.
Section Two. - Effects of the penalties according to their respective nature
Outline of the effects of penalties under Articles thirty to thirty-five.
What suspension from exercise of profession covers.
Effects of pardon by the President.
Limitations upon the exercise of the pardoning power:
Pardon by the Chief Executive distinguished from pardon by the offended party:
What are the pecuniary liabilities of persons criminally liable?
When is Article thirty-eight applicable?
Liability of conjugal partnership assets.
What is subsidiary penalty?
Judgment of conviction must impose subsidiary imprisonment.
No subsidiary penalty for nonpayment of other pecuniary liabilities.
Retroactive application of R A five thousand four hundred sixty-five.
The word "principal" should be omitted.
Subsidiary imprisonment is not an accessory penalty.
Rules as to subsidiary imprisonment:
Examples of the application of the rules:
No subsidiary imprisonment if the indemnity is less than eight pesos.
Will there be subsidiary imprisonment if the penalty imposed is six years and one day?
Penalty not to be executed by confinement, but has fixed duration.
No subsidiary penalty in the following cases:
Subsidiary imprisonment under special law.
No subsidiary imprisonment for nonpayment of income tax.
Subsidiary imprisonment under special laws.
Section Three. - Penalties in which other accessory penalties are inherent
PENALTIES IN WHICH OTHER ACCESSORY Articles forty to forty-four PENALTIES ARE INHERENT
Outline of accessory penalties inherent in principal penalties:
Outline of the provision of this article.
Article forty-five Confiscation and Forfeiture
Chapter Four Application of Penalties
Penalty prescribed in general terms - general rule.
Exception - when the law fixes a penalty for frustrated or attempted felony.
Graduation of penalties by degrees or by periods.
Court of Appeals to Review Death Penalty Cases.
Death penalty is not imposed in the following cases:
Exceptional cases in which the death penalty was not imposed.
What is the justification for death penalty?
Death penalty not cruel and unusual.
In what crimes is death penalty imposed?
Is the pronouncement of the court in accordance with law?
Death penalty is not imposed in view of certain circumstances.
Two kinds of complex crimes:
Examples of compound crime:
Special Complex Crime of Kidnapping with Murder or Homicide.
Kinds of plurality of crimes.
Example of real or material plurality.
Plurality of crimes distinguished from recidivism.
Examples of continued crimes:
A continued crime is different from a transitory crime.
Distinguish real or material plurality from continued crime.
Rules as to the penalty to be imposed when the crime committed is different from that intended.
Article forty-nine distinguished from Article forty-eight.
Exceptions to the rules established in Articles fifty to fifty-seven.
What are the bases for the determination of the extent of penalty to be imposed under the Revised Penal Code?
What is a degree in relation to penalty?
What is a period of penalty?
Article fifty-eight ADDITIONAL PENALTY TO BE IMPOSED UPON CERTAIN ACCESSORIES
PENALTY FOR IMPOSSIBLE CRIME
Is the penalty for impossible crime proper?
Accomplice, punished as principal.
Accessory punished as principal.
Article sixty-one provides for the rules to be observed in lowering the penalty by one or two degrees.
Scale Number one in Article seventy-one enumerates the penalties in the following order:
Illustrations of the rules:
When the penalty is single and indivisible.
When the penalty is composed of one or more divisible penalties to be imposed to their full extent.
Fifth rule: (by analogy, because "not specially provided for in the four preceding rules.")
EFFECTS OF MITIGATING OR AGGRAVATING CIRCUMSTANCES, ETC.
EFFECTS OF MITIGATING OR AGGRAVATING CIRCUMSTANCES, ETC.
Effect of the attendance of aggravating or mitigating circumstances or of habitual delinquency.
Rules regarding aggravating and mitigating circumstances:
When maximum of the penalty shall be imposed.
What is an organized or syndicated crime group?
EFFECTS OF MITIGATING OR AGGRAVATING CIRCUMSTANCES, ETC.
Three. From any other personal cause:
EFFECTS OF MITIGATING OR AGGRAVATING CIRCUMSTANCES, ETC.
Who is a habitual delinquent?
Requisites of habitual delinquency.
Computation of ten-year period.
Why the starting point is date of release or date of last conviction.
Additional penalty for habitual delinquency:
Reason for imposing additional penalty in habitual delinquency.
Purpose of the law in imposing additional penalty.
Subsequent crime must be committed after conviction of former crime.
In the information must be alleged:
The allegation of habitual delinquency in the information should be, as follows:
Effect of plea of guilty when allegations are insufficient.
Effect of failure to object to admission of decision showing dates of previous convictions.
Date of release is not absolutely necessary.
Habitual delinquency distinguished from recidivism.
Rulings on habitual delinquency:
Eleven. Modifying circumstances applicable to additional penalty.
Example of single and indivisible penalty.
Illustrations of Numbers two and three:
sixty-four RULES FOR THE APPLICATION OF DIVISIBLE PENALTIES
Art. sixty-four RULES FOR THE APPLICATION OF DIVISIBLE PENALTIES
"Extent of the evil produced."
In what cases are mitigating and aggravating circumstances not considered in the imposition of penalty?
Then, to obtain the maximum of the medium, we compute as follows:
When the minimum of the fine is not fixed.
PENALTY FOR INCOMPLETE CIRCUMSTANCES OF ACCIDENT
PENALTY FOR PERSONS UNDER EIGHTEEN YEARS
PENALTY FOR INCOMPLETE JUSTIFYING OR EXEMPTING CIRCUMSTANCE
Probation as an alternative to imprisonment.
Outline of the provisions of this Article:
The penalties which can be simultaneously served are:
Different systems of penalty.
The material accumulation system.
The juridical accumulation system.
Article seventy-one GRADUATED SCALES OF LOWERING PENALTIES
GRADUATED SCALES OF LOWERING PENALTIES
Arts. twenty-five, seventy, and seventy-one, compared:
Art. seventy-two Preference in the payment of the civil liabilities
Presumption as to accessory penalties when death is the higher penalty
Application of this article.
Reason for the provision of this article.
Examples of reducing fine by one or two degrees.
Example of increasing fine by one degree.
Determination of amount of reduced fine.
When the minimum is not fixed by law.
Distinctions between fine with a minimum and fine without a minimum.
As to "fines that do not consist of a fixed amount, but are made proportional."
Time included in the penalty in its entirety
Distinction between "period" and "degree."
What is a complex penalty?
INDETERMINATE SENTENCE LAW (Act Number four thousand one hundred three as amended by Act Number four thousand two hundred twenty-five)
Examples of application of Indeterminate Sentence Law - Under Special law:
Under the Revised Penal Code:
When modifying circumstances considered.
Illustrations of indeterminate penalty based on Articles forty-eight, sixty-one, sixty-four, sixty-eight, sixty-nine, etc. of the Revised Penal Code.
Eight. Indeterminate sentence, when there are privileged mitigating and ordinary mitigating circumstances.
Indeterminate Sentence Law not applicable to the following:
Factors to be taken into consideration by the court in fixing the minimum penalty.
Reason for fixing the minimum and maximum penalties in the indeterminate sentence.
SEC. nine. Disqualified offenders. - The benefits of this Decree shall not be extended to those:
SEC. fourteen. Period of Probation. -
Time for filing application for probation; purpose and effect.
Where application for probation filed.
Inappealability of resolution on application for probation.
Nature of order granting probation.
Criteria for placing an offender on probation.
When probation shall be denied.
Who are the offenders disqualified from being placed on probation?
Previous offense punished by imprisonment of not less than one month and one day and/or a fine of not more than two hundred pesos.
What are the conditions of probation?
Example of condition that may not be imposed.
Discretion of the court on probation.
Effect of probation on accessory penalties.
What are the effects of violation of probation order?
For how long may a convict be placed on probation?
When may a probationer be arrested, and what is the disposition once he is arrested?
When and how probation is terminated, and what are the effects of the termination?
Purpose of the Decree establishing a probation system.
Penalty on Moros and Non-Christians (Section one hundred six, Administrative Code of Mindanao and Sulu).
PENALTY ON MOROS AND NON-CHRISTIANS
Chapter Five EXECUTION AND SERVICE OF PENALTIES
SUSPENSION OF EXECUTION OF PENALTIES DUE TO INSANITY
YOUTHFUL OFFENDER UNDER THE CHILD AND YOUTH WELFARE CODE AND JUVENILE JUSTICE AND WELFARE ACT OF TWO THOUSAND SIX
Child in Conflict with the Law.
YOUTHFUL OFFENDER UNDER THE CHILD AND YOUTH WELFARE CODE AND JUVENILE JUSTICE AND WELFARE ACT OF TWO THOUSAND SIX
Minimum Age of Criminal Responsibility.
YOUTHFUL OFFENDER UNDER THE CHILD AND YOUTH WELFARE CODE AND JUVENILE JUSTICE AND WELFARE ACT OF TWO THOUSAND SIX
Diversion Programs for children over fifteen and under eighteen who acted with discernment. (Refer to Paragraph two, Article thirteen)
Compared to P.D. No. six hundred three.
YOUTHFUL OFFENDER UNDER THE CHILD AND YOUTH WELFARE CODE AND JUVENILE JUSTICE AND WELFARE ACT OF TWO THOUSAND SIX
Three) Suspension of Sentence
YOUTHFUL OFFENDER UNDER THE CHILD AND YOUTH WELFARE CODE AND JUVENILE JUSTICE AND WELFARE ACT OF TWO THOUSAND SIX
Detention of the Child Pending Trial.
Discharge of the Child in Conflict with the Law.
YOUTHFUL OFFENDER UNDER THE CHILD AND YOUTH WELFARE CODE AND JUVENILE JUSTICE AND WELFARE ACT OF TWO THOUSAND SIX
Return of the Child in Conflict with the Law to Court.
Credit in Service of Sentence.
Probation as an Alternative to Imprisonment.
REHABILITATION AND REINTEGRATION.
YOUTHFUL OFFENDER UNDER THE CHILD AND YOUTH WELFARE CODE AND JUVENILE JUSTICE AND WELFARE ACT OF TWO THOUSAND SIX
Separate Facilities from Adults.
Care and Maintenance of the Child in Conflict with the Law.
YOUTHFUL OFFENDER UNDER THE CHILD AND YOUTH WELFARE CODE AND JUVENILE JUSTICE AND WELFARE ACT OF TWO THOUSAND SIX
Confinement of Convicted Children in Agricultural Camps and other Training Facilities.
Rehabilitation of Children in Conflict with the Law.
YOUTHFUL OFFENDER UNDER THE CHILD AND YOUTH WELFARE CODE AND JUVENILE JUSTICE AND WELFARE ACT OF TWO THOUSAND SIX
Youth Rehabilitation Center.
Civil Liability of Youthful Offenders.
Liability of Parents or Guardian or Any Person in the Commission of Delinquent Acts by Their Children or Wards.
Confidentiality of Records and Proceedings
Section Two. - Execution of principal penalties
When death sentence shall be carried out.
Execution of death sentence after delivery of pregnant woman.
PLACE OF EXECUTION CORPSE OF PERSON EXECUTED
Persons who may witness execution.
Title Four EXTINCTION OF CRIMINAL LIABILITY
Art. eighty-nine. How criminal liability is totally extinguished. Criminal liability is totally extinguished:
Definition of "final judgment."
Effect of the death of the accused pending appeal on his criminal and civil liability.
Where action for recovery of damages must be filed, when civil liability survives.
Right of offended party to file separate civil action not lost by prescription when accused dies pending appeal.
Death of the offended party does not extinguish the criminal liability of the offender.
Civil liability not extinguished by amnesty.
Pardon of murder after evasion of service of sentence.
Amnesty and pardon distinguished.
Two conditions necessary in prescription of penalty.
Rule where the last day of the prescriptive period falls on a Sunday or legal holiday.
Prescription of oral defamation and slander by deed.
Prescription of crimes punishable by fines.
Prescriptive periods of offenses punished under special laws and municipal ordinances.
Prescription of violations penalized by special laws and ordinances - when it begins to run.
Outline of the provisions:
Illustration of rules Nos. one, two and three.
Effect of filing amended complaint or information upon period of prescription.
Prescription of the offense of false testimony - from time principal case is finally decided.
Article ninety-two. When and how penalties prescribe. - The penalties imposed by final sentence prescribe as follows:
Reason why evasion of service of sentence is taken in favor of the convict in prescription of penalties.
Chapter Two PARTIAL EXTINCTION OF CRIMINAL LIABILITY
Nature of conditional pardon.
Usual condition imposed upon the convict in conditional pardon.
Article ninety-four PARTIAL EXTINCTION OF CRIMINAL LIABILITY
For good conduct allowances.
Is conviction necessary to revoke parole?
Conditional pardon distinguished from parole.
ALLOWANCE FOR GOOD CONDUCT
Application of the provisions of Article ninety-seven.
What is special time allowance for loyalty of prisoner?
Article one hundred fifty-eight provides for increased penalty.
WHO GRANTS TIME ALLOWANCE
Title Five CIVIL LIABILITY
Civil liability arising from offenses.
Basis of civil liability.
Damages that may be recovered in criminal cases.
Civil liability may exist, although the accused is not held criminally liable, in the following cases:
PROSECUTION OF CIVIL ACTION ARISING FROM CRIME
When separate civil action is suspended. -
Exception to the rule that extinction of the criminal action does not extinguish civil action.
But the civil action arising from crime cannot be instituted or prosecuted in the following cases:
Attachment in criminal cases.
Writ of attachment, etc. may be issued in criminal cases.
Remedy of offended party where fiscal asks for dismissal.
Right to appeal as to civil liability.
Offended party has right to be heard during the appeal.
Civil liability may be added within the fifteen-day period, even if the convict has started serving sentence.
Reservation of the right to institute separate civil action is necessary in the following cases:
Effect of reservation of right to intervene in prosecution of criminal case.
Prejudicial question defined.
Elements of prejudicial question.
Examples of prejudicial question:
When to plead prejudicial question.
Civil liability of persons exempt from criminal liability.
Who are civilly liable for acts of insane or minor exempt from criminal liability?
Civil liability for acts of a minor over fifteen years of age who acts with discernment.
The provisions of the Civil Code.
The Juvenile Justice and Welfare Act of two thousand six provides:
Persons civilly liable for acts committed by youthful offenders.
Duty of court trying an insane.
SUBSIDIARY CIVIL LIABILITY OF INNKEEPERS, ETC.
Who are civilly liable for acts committed by persons acting under irresistible force or uncontrollable fear?
Civil liability of persons acting under justifying circumstances.
Elements under paragraph one:
Elements under paragraph two:
Employer must be engaged in industry.
Hospital not engaged in industry; nurses not servants.
Private persons without business or industry, not subsidiarily liable.
Is V subsidiarily liable?
The felony must be committed by the servant or employee of the defendant in the civil case.
Decision convicting an employee is binding upon the employer with respect to the civil liability and its amount.
Enforcement of civil liability is upon a motion for subsidiary writ of execution.
"While in the discharge of his duties."
Subsidiary liability of employers, etc., "for felonies committed by their x x x employees."
Employer has the right to take part in the defense of his employee.
Certified copy of decision sufficient to prove offense committed by servant or employee.
Employer is subsidiarily liable for the full amount against employee.
No defense of diligence of a good father of a family.
Article one hundred three is applicable to violations of Revised Motor Vehicle Law.
Articles one hundred two and one hundred three of the Revised Penal Code are not repealed by Article two thousand one hundred seventy-seven of the new Civil Code.
The provisions of the Civil Code.
Chapter Two WHAT CIVIL LIABILITY INCLUDES
Civil liability in criminal cases.
damages he has sustained due to the commission of the crime (indemnification).
Civil liabilities distinguished from pecuniary liabilities.