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.
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.
Other cases of incorrect translation of the Spanish text into the English text.
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 Number ninety-three 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.
Only external act is punished.
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 (culpa).
Three reasons why the act or omission in felonies must be voluntary.
Requisites of dolo or malice.
One. That the act done would have been lawful had the facts been as the accused believed them to be.
Ah Chong case and Oanis case distinguished.
People versus De Fernando
Distinction between general intent and specific intent.
Reasons why criminal intent is not necessary in crimes made such by statutory enactment.
Mala in se and mala prohibita, distinguished.
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
The felony committed is not the proximate cause of the resulting injury when:
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.
Felonies against persons are:
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:
STAGES OF EXECUTION Definition of Stages
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 ARTICLE 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
One. "Directly by overt acts."
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
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
Is there a conflict in the rulings of the Adiao case and Dominguez case?
STAGES OF EXECUTION How to Determine the Three Stages
Distinguished from the Diño case.
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
One. Formal crimes - consummated in one instant, no attempt.
Two. Crimes consummated by mere attempt or proposal or by overt act.
Three. Felony by omission.
STAGES OF EXECUTION How to Determine the Three Stages
Four. Crimes requiring the intervention of two persons to commit them are consummated by mere agreement.
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
Light felonies when punishable
Important words and phrases.
Reason for the general rule.
Reason for the exception:
Examples of light felonies against person:
Examples of light felonies against property:
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:
Quantum of proof required to establish conspiracy.
There is no criminal proposal when -
Art. eight CONSPIRACY AND PROPOSAL TO COMMIT FELONY
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 correctional."
The following are correctional penalties:
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 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.
Art. eleven Paragraph one
Art. eleven Paragraph one
Meaning of unlawful aggression.
Art. eleven Paragraph one
Article eleven Paragraph one
Article eleven Paragraph one
Reason why slap on the face constitutes unlawful aggression.
A strong retaliation for an injury or threat may amount to an unlawful aggression.
Retaliation is not self-defense.
A public officer exceeding his authority may become an unlawful aggressor.
Improbability of the deceased being the aggressor belies the claim of self-defense.
Physical fact may determine whether or not the accused acted in self-defense.
Article eleven Paragraph one
Article eleven Paragraph one
Article eleven Paragraph one
How to determine the unlawful aggressor.
Art. eleven Paragraph one
Art. eleven Paragraph one
Art. eleven Paragraph one
Article eleven, paragraph one.
Examples of threats to inflict real injury:
Art. eleven Paragraph one
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.
Thus in the following cases, there was no rational necessity to employ the means used.
The test of reasonableness of the means used.
Two. Physical condition, character and size.
The character of the aggressor is emphasized in this case:
Three. Other circumstances considered.
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.
The provocation is sufficient -
Illustration of the three requisites of self-defense.
Battered Woman Syndrome as a defense.
The Battered Woman Syndrome, explained.
tranquil, loving (or, at least, nonviolent) phase. During the tension-building phase, minor battering occurs - it could be verbal or slight physical abuse or another form of hostile behavior. The woma
Effect of Battery on Appellant
Art. eleven Paragraph one
Requisites of defense of relatives:
Gauge of reasonable necessity of the means employed to repel the aggression.
Third requisite of defense of relative.
When the third requisite is lacking.
JUSTIFYING CIRCUMSTANCES Defense of Stranger
Examples of defense of relatives.
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?
JUSTIFYING CIRCUMSTANCES Avoidance of Greater Evil or Injury
Examples of defense of stranger:
Paragraph four - AVOIDANCE OF GREATER EVIL OR INJURY.
Art. eleven JUSTIFYING CIRCUMSTANCES Paragraph four Avoidance of Greater Evil or Injury
Example of injury to person under paragraph four:
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 Paragraph six Obedience to an Order Issued for Some Lawful Purpose
Paragraph 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.
Article twelve Paragraph one.
Procedure when the imbecile or the insane committed a felony.
EXEMPTING CIRCUMSTANCES Imbecility or Insanity
Who has the burden of proof to show insanity?
How much evidence is necessary to overthrow the presumption of sanity?
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.
Article twelve Paragraph one
Dementia praecox is covered by the term insanity.
Schizophrenia, formerly called dementia praecox.
EXEMPTING CIRCUMSTANCES Imbecility or Insanity
Epilepsy may be covered by the term "insanity."
Feeblemindedness is not imbecility.
Pedophilia is not insanity.
EXEMPTING CIRCUMSTANCES Imbecility or Insanity
Amnesia is not proof of mental condition of the accused.
Other cases of lack of intelligence.
Two. Committing a crime while suffering from malignant malaria.
Paragraph 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.
by the band, because Baculi acted under the compulsion of an irresistible force.
Nature of force required.
Art. twelve, Paragraph six.
Nature of duress as a valid defense.
Article twelve EXEMPTING CIRCUMSTANCES Uncontrollable Fear
Command of Hukbalahap killers, as cause of uncontrollable fear.
Article 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.
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.
The provisions of paragraph one of Article nineteen read, as follows:
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
Article thirteen MITIGATING CIRCUMSTANCES Paragraph one Incomplete Justifying or Exempting Circumstances
MITIGATING CIRCUMSTANCES Incomplete Justifying or Exempting Circumstances
Article thirteen Paragraph one Incomplete Justifying or Exempting Circumstances
MITIGATING CIRCUMSTANCES Incomplete Justifying or Exempting Circumstances
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 Number 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
Not appreciated in murder qualified by treachery.
Lack of intent to kill not mitigating in physical injuries.
MITIGATING CIRCUMSTANCES No Intention to Commit So Grave A Wrong
Is Article thirteen, paragraph 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.
Art. thirteen Paragraph four
Art. thirteen Paragraph four
Art. 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.
Art. thirteen Paragraph five
Basis to determine the gravity of offense in vindication.
Considered grave offense:
Art. thirteen Paragraph five
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.
Art. thirteen MITIGATING CIRCUMSTANCES Passion or Obfuscation
MITIGATING CIRCUMSTANCES Passion or Obfuscation
Art. thirteen Paragraph six
Art. thirteen Paragraph six
Art. thirteen Paragraph six
Article thirteen paragraph six.
Article thirteen paragraph six.
Illustration of impulse of special motives.
Obfuscation arising from jealousy.
Article thirteen paragraph six.
May passion or obfuscation lawfully arise from causes existing only in the honest belief of the offender?
Article thirteen Paragraph six
Article thirteen Paragraph six
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.
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.
Time and place of surrender.
Surrender through an intermediary.
When is surrender voluntary?
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.
MITIGATING CIRCUMSTANCES Physical Defect
Basis of paragraph seven.
Basis of paragraph eight.
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
Outraged feeling of owner of animal taken for ransom analogous to vindication of a grave offense.
Outraged feeling of creditor, similar to passion and obfuscation mentioned in paragraph six.
Impulse of jealous feeling, similar to passion and obfuscation.
Manifestations of Battered Wife Syndrome, analogous to an illness that diminishes the exercise of will power.
MITIGATING CIRCUMSTANCES Similar and Analogous Circumstances
Esprit de corps, similar to passion and obfuscation.
Voluntary restitution of stolen property, similar to voluntary surrender mentioned in paragraph seven.
MITIGATING CIRCUMSTANCES Similar and Analogous Circumstances
MITIGATING CIRCUMSTANCES Personal Nature
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
Aggravating circumstance not alleged.
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.
Article thirteen AGGRAVATING CIRCUMSTANCES Aggravating Circumstances Not Presumed
Aggravating circumstances not presumed.
Chapter Four Circumstances Which Aggravate Criminal Liability
Article fourteen Aggravating Circumstances Codal Provisions
Aggravating Circumstances Advantage Taken of Public Position
Paragraph 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
AGGRAVATING CIRCUMSTANCES Advantage Taken of Public Position
AGGRAVATING CIRCUMSTANCES Advantage Taken of Public Position
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
Article fourteen Paragraph three
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
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.
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
Dwelling not aggravating in adultery when paramour also lives there.
AGGRAVATING CIRCUMSTANCES Abuse of Confidence and Obvious Ungratefulness
Dwelling is not included in treachery.
AGGRAVATING CIRCUMSTANCES Abuse of Confidence and Obvious Ungratefulness
Confidence does not exist.
Special relation of confidence between accused and victim.
Betrayal of confidence is not aggravating.
AGGRAVATING CIRCUMSTANCES Abuse of Confidence and Obvious Ungratefulness
Killing of child by an amah is aggravated by abuse of confidence.
Abuse of confidence inherent in some felonies.
AGGRAVATING CIRCUMSTANCES Abuse of Confidence and Obvious Ungratefulness
AGGRAVATING CIRCUMSTANCES Palace and Places of Commission of Offense
Article fourteen Paragraph five Palace and Places of Commission of Offense
Place dedicated to religious worship.
Offender must have intention to commit a crime when he entered the place.
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
Reason for the aggravation.
AGGRAVATING CIRCUMSTANCES Aid of Armed Men, etc.
"Chaotic condition" as an aggravating circumstance.
Par. Eight. - That the crime be committed with the aid of( one) armed men, or (two) persons who insure or afford impunity.
Art. fourteen Paragraph Eight
Rule for the application of this circumstance.
Examples of "with the aid of armed men."
AGGRAVATING CIRCUMSTANCES Aid of Armed Men, etc.
Paragraph nine. That the accused is a recidivist.
Meaning of "at the time of his trial for one crime."
Art. fourteen Paragraph nine
"Previously convicted by final judgment."
Art. fourteen Paragraph nine
Examples of crimes embraced in the same title of the Revised Penal Code.
AGGRAVATING CIRCUMSTANCES Reiteracion or Habituality
Basis of this aggravating circumstance.
Article 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.
Basis of this aggravating circumstance.
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
Basis of this aggravating circumstance.
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?
AGGRAVATING CIRCUMSTANCES Evident Premeditation
Why sufficient time is required.
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) craft, (two) fraud, or (three) disguise be employed. Basis of this aggravating circumstance.
AGGRAVATING CIRCUMSTANCES Craft, Fraud or Disguise
Craft involves intellectual trickery and cunning on the part of the accused.
AGGRAVATING CIRCUMSTANCES Craft, Fraud or Disguise
Art. fourteen AGGRAVATING CIRCUMSTANCES Craft, Fraud or Disguise
Craft, when not an aggravating circumstance.
AGGRAVATING CIRCUMSTANCES Craft, Fraud or Disguise
Hairline distinction between craft and fraud.
How is craft distinguished from fraud?
AGGRAVATING CIRCUMSTANCES Craft, Fraud or Disguise
Disguise (resorting to any device to conceal identity).
Disguise, not considered.
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.
Illustrations of no advantage of superior strength.
AGGRAVATING CIRCUMSTANCES Superior Strength or Means to Weaken Defense
Illustrations of abuse of superior strength.
AGGRAVATING CIRCUMSTANCES Superior Strength or Means to Weaken Defense
Abuse of superior strength when a man attacks a woman with a weapon.
AGGRAVATING CIRCUMSTANCES Superior Strength or Means to Weaken Defense
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 Art. 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.
Means to weaken the defense absorbed in treachery.
Paragraph sixteen. That the act be committed with treachery.
Rules regarding treachery.
AGGRAVATING CIRCUMSTANCES Treachery
AGGRAVATING CIRCUMSTANCES Treachery
AGGRAVATING CIRCUMSTANCES Treachery
AGGRAVATING CIRCUMSTANCES Treachery
In the following cases, it was held that there was treachery:
AGGRAVATING CIRCUMSTANCES Treachery
AGGRAVATING CIRCUMSTANCES Treachery
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
AGGRAVATING CIRCUMSTANCES Treachery
Attacks showing intention to eliminate risk.
Article fourteen Paragraph sixteen
AGGRAVATING CIRCUMSTANCES Treachery
AGGRAVATING CIRCUMSTANCES Treachery
AGGRAVATING CIRCUMSTANCES Treachery
Art. 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
Art. fourteen Paragraph sixteen
AGGRAVATING CIRCUMSTANCES Treachery
AGGRAVATING CIRCUMSTANCES Treachery
AGGRAVATING CIRCUMSTANCES Treachery
AGGRAVATING CIRCUMSTANCES Treachery
AGGRAVATING CIRCUMSTANCES Treachery
Article fourteen Paragraph sixteen
Illustration of aggravating circumstance absorbed by another.
AGGRAVATING CIRCUMSTANCES Ignominy
Paragraph seventeen. That means be employed or circumstances brought about which add ignominy to the natural effects of the act.
The basis has reference to the means employed.
AGGRAVATING CIRCUMSTANCES Ignominy
AGGRAVATING CIRCUMSTANCES Ignominy
AGGRAVATING CIRCUMSTANCES Unlawful Entry
Paragraph eighteen. - That the crime be committed after an unlawful entry.
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.
Par. nineteen. - That as a means to the commission of a crime, a wall, roof, floor, door, or window be broken.
AGGRAVATING CIRCUMSTANCES Breaking Wall
Where breaking of door or window is lawful.
Art. fourteen AGGRAVATING CIRCUMSTANCES Par. twenty Aid of Minor or by Means of Motor Vehicles
Basis of the aggravating circumstances.
Two different aggravating circumstances in paragraph twenty.
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
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
When mitigating and when aggravating.
ALTERNATIVE CIRCUMSTANCES Relationship
Is relationship not aggravating when the offender killed his brother-in-law?
ALTERNATIVE CIRCUMSTANCES Relationship
ALTERNATIVE CIRCUMSTANCES Relationship
Reason for the difference in the rule.
The rule may be different because of the "other condition attending" the commission of the crime.
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
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.
Art. fifteen ALTERNATIVE CIRCUMSTANCES Degree of Instruction and Education of Offender
Title two PERSONS CRIMINALLY LIABLE FOR 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.
Article seventeen. Principals. The following are considered principals:
Illustration of the three types of principals.
Difference between a principal under any of the three categories enumerated in Article seventeen and a co-conspirator.
PRINCIPALS IN GENERAL Principals by Direct Participation
Paragraph 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
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
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
Article seventeen Paragraph one
Unity of purpose and intention in the commission of the crime is shown in the following cases:
Article 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
Article seventeen Paragraph one
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
Art. seventeen Paragraph one 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
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
Issue: Whether appellant can be found guilty as principal by inducement.
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.
May a co-conspirator be held liable as an accomplice only?
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.
Two. When the accomplice saw the criminal acts 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.
This example may serve to illustrate "destroying the body of the crime."
Concealing or destroying the effects or instruments of the crime to prevent its discovery.
Three. By harboring, concealing or assisting in the escape of the principal of the crime.
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:
Article twenty-one. Penalties that may be imposed
Constitutional restriction on penalties.
Penalties that may be imposed
Reason for the provision.
Exception - to give them retroactive effect when favorable to the accused.
The exception applies to a law dealing with prescription of crime.
Reason for the exception.
Revised Penal Code was not given retroactive effect.
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?
Compromise does not extinguish criminal liability.
Article twenty-four Measures of Prevention Not Penalties
MEASURES OF PREVENTION NOT PENALTIES Art. twenty-four
Chapter Two CLASSIFICATION OF PENALTIES
Penalties common to the three preceding classes:
CLASSIFICATION OF PENALTIES Art. 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.
In what cases is destierro imposed?
Rules for the computation of penalties.
Examples of temporary penalties:
Rules in cases of temporary penalties:
Examples of penalties consisting in deprivation of liberty:
Rules in cases 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?
If the maximum penalty to which the accused may be sentenced is destierro.
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 Art. thirty-eight applicable?
Liability of conjugal partnership assets.
What is subsidiary penalty?
Retroactive application of R A five four six 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.
Subsidiary imprisonment under special laws.
Section Three. - Penalties in which other accessory penalties are inherent
PENALTIES IN WHICH OTHER ACCESSORY Arts. 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
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.
Rep. Act No. two hundred ninety-six can be given retroactive effect.
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:
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.
Rule number three in Article forty-nine is not necessary.
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?
Art. 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 two indivisible penalties.
When the penalty is composed of one or more divisible penalties to be imposed to their full extent.
EFFECTS OF MITIGATING OR AGGRAVATING CIRCUMSTANCES, ETC.
EFFECTS OF MITIGATING OR AGGRAVATING CIRCUMSTANCES, ETC.
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.
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.
Fourteen. A habitual delinquent is necessarily a recidivist.
Example of single and indivisible penalty.
Example of two indivisible penalties.
Illustrations of Numbers two and three:
sixty-four RULES FOR THE APPLICATION OF DIVISIBLE PENALTIES
Article 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?
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:
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."
TABLE SHOWING THE DURATION OF DIVISIBLE PENALTIES AND THE TIME INCLUDED IN EACH OF THEIR PERIODS
Time included in the penalty in its entirety
Time included in its medium period
Distinction between "period" and "degree."
What is a complex penalty?
Application by analogy of the rules.
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 Arts. forty-eight, sixty-one, sixty-four, sixty-eight, sixty-nine, etc. of the Revised Penal Code.
Indeterminate penalty, when there is one ordinary mitigating circumstance.
Indeterminate penalty, when there is only an aggravating circumstance.
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.
SECTION NINE. Disqualified offenders. - The benefits of this Decree shall not be extended to those:
SECTION THIRTEEN. Control and Supervision of Probationer. - The probationer and his probation program shall be under
Time for filing application for probation; purpose and effect.
Where application for probation filed.
Convict who filed an application for probation cannot appeal.
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).
Chapter Five EXECUTION AND SERVICE OF PENALTIES
SUSPENSION OF EXECUTION OF PENALTIES DUE TO INSANITY
Rules regarding execution and service of penalties in case of 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.
Art. forty-seven provides for cases in which death penalty is not to be imposed. They are:
Execution of death sentence after delivery of pregnant woman.
PLACE OF EXECUTION CORPSE OF PERSON EXECUTED
Persons who may witness execution.
Arts eighty-six to eighty-seven EXECUTION AND SERVICE OF OTHER PENALTIES DESTIERRO
Penalty that may be served in the house of defendant.
Title Four EXTINCTION OF CRIMINAL LIABILITY
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.
Period of prescription of continuing crime never runs.
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.
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
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.
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.