Criminal Law 1
Definition of Criminal Law
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ORLANDO L. SALVADOR v. PLACIDO L. MAPA, GR No. 135080, 2007-11-28
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NORMA DE JOYA v. THE JAIL WARDEN OF BATANGAS CITY, GR Nos. 159418-19, 2003-12-10
Philippine penal law is based on the Spanish penal code and has adopted features of the positivist theory of criminal law. The positivist theory states that the basis for criminal liability... is the sum total of the social and economic phenomena to which the offense is expressed. The adoption of the aspects of the theory is exemplified by the indeterminate sentence law, Article 4, paragraph 2 of the Revised Penal Code (impossible crime), Article 68 and Articles
11 to 14, not to mention Article 63 of the Revised Penal Code (penalties for heinous and quasi-heinous crimes). Philippine penal law looks at the convict as a member of society. Among the important factors to be considered in determining the penalty to be imposed on... him are (1) his relationship towards his dependents, family and their relationship with him; and (2) his relationship towards society at large and the State. The State is concerned not only in the imperative necessity of protecting the social organization against the... criminal acts of destructive individuals but also in redeeming the individual for economic usefulness and other social ends.[15] The purpose of penalties is to secure justice. The penalties imposed must not only be retributive but must also be... reformative, to give the convict an opportunity to live a new life and rejoin society as a productive and civic-spirited member of the community. The court has to consider not only the primary elements of punishment, namely, the moral responsibility of the convict, the... relation of the convict to the private complainant, the intention of the convict, the temptation to the act or the excuse for the crime - was it done by a rich man in the insolence of his wealth or by a poor man in the extremity of his need? The court must also take into... account the secondary elements of punishment, namely, the reformation of the offender, the prevention of further offenses by the offender, the repression of offenses in others.[16] As Rousseau said, crimes can be thoroughly repressed only by a system of... penalties which, from the benignity they breathe, serve rather than to soften than to inflame those on whom they are imposed.[17] There is also merit in the view that punishment inflicted beyond the merit of the offense is so much punishment of... innocence.[18]
Sources of Philippine Criminal Law
1. Revised Penal Code
2. Special Penal Laws
Construction of penal laws
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PEOPLE v. LUZVIMINDA S. VALDEZ, GR Nos. 216007-09, 2015-12-08
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JAMES IENT & MAHARLIKA SCHULZE v. TULLETT PREBON (PHILIPPINES), GR No. 189158, 2017-01-11
Forum shopping is an act of a party, against whom an adverse judgment or order has been rendered in one forum, of seeking and possibly getting a favorable opinion in another forum, other than by appeal or special civil action for certiorari. It may also involve the institution of two or more actions or proceedings grounded on the same cause on the supposition that one or the other court would make a favorable disposition.[41] There is no forum shopping where the suits involve different causes of action or different reliefs.
Difference between acts Mala in Se and Mala Prohibita
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DANDY L. DUNGO & GREGORIO A. SIBAL v. PEOPLE, GR No. 209464, 2015-07-01
Criminal law has long divided crimes into acts wrong in themselves called acts mala in se; and acts which would ot be wrong but for the fact that positive law forbids them, called acts mala prohibita. This distinction is important with reference to the intent with... which a wrongful act is done. The rule on the subject is that in acts mala in se, the intent governs; but in acts mala prohibita, the only inquiry is, has the law been violated? When an act is illegal, the intent of the offender is immaterial.[64] When the doing of an act is prohibited by law, it is considered injurious to public welfare, and the doing of the prohibited act is the crime itself.[65]
A common misconception is that all mala in se crimes are found in the Revised Penal Code (RPC), while all mala prohibita crimes are provided by special penal laws. In reality, however, there may be mala in se crimes under special laws, such as plunder under
R.A. No. 7080, as amended.[66]
Similarly, there may be mala prohibita crimes defined in the RPC, such as technical malversation.[67]
The better approach to distinguish between mala in se and mala prohibita crimes is the determination of the inherent immorality or vileness of the penalized act. If the punishable act or omission is immoral in itself, then it is a crime mala in se; on the... contrary, if it is not immoral in itself, but there is a statute prohibiting its commission by reasons of public policy, then it is mala prohibita. In the final analysis, whether or not a crime involves moral turpitude is ultimately a question of fact and frequently... depends on all the circumstances surrounding the violation of the statute.[68]
Recognizing the malum prohibitum characteristic of hazing, the law provides that any person charged with the said crime shall not be entitled to the mitigating circumstance that there was no intention to commit so grave a wrong.[87] Also, the framers... of the law intended that the consent of the victim shall not be a defense in hazing.
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DATU GUIMID P. MATALAM v. PEOPLE, GR Nos. 221849-50, 2016-04-04
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ABS-CBN CORPORATION v. FELIPE GOZON, GR No. 195956, 2015-03-11
CHARACTERISTICS OF PHILIPPINE CRIMINAL LAW
1. Generality
Penal laws and those of public security and safety shall be obligatory upon all who live or sojourn in Philippine territory, subject to the principles of public international law and to treaty stipulations. (Article 14, New Civil Code)
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JEFFREY LIANG v. PEOPLE, GR No. 125865, 2000-01-28
Fourth, under the Vienna Convention on Diplomatic Relations, a diplomatic agent, assuming petitioner is such, enjoys immunity from criminal jurisdiction of the receiving state except in the case of an action relating to any professional or commercial activity exercised by the... diplomatic agent in the receiving state outside his official functions.[5] As already mentioned above, the commission of a crime is not part of official duty -
LT. ARTURO PASCUA v. GEN. NARCISO ABAYA, GR NO. 164007, 2006-08-10
2. Territoriality (Article 2 of the RPC)
The provisions of the Revised Penal Code shall be enforced within the Philippine Archipelago, including its atmosphere, its interior waters and maritime zone.
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US v. H. N. BULL, GR No. 5270, 1910-01-15
Every state has complete control and jurisdiction over its territorial waters.
But to smoke opium within our territorial limits, even though aboard a foreign merchant ship, is certainly a breach of the public order here established, because it causes such drug to produce its pernicious effects within our territory. .It seriously contravenes the purpose... that our Legislature has in mind in enacting the aforesaid repressive statute.
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US v. AH SING, GR No. 13005, 1917-10-10
any person unlawfully imports or brings any prohibited drug into the Philippine Islands, when the prohibited drug is found under this person's control on a vessel which has come direct from a foreign country and is... within the jurisdictional limits of the Philippine Islands.
Exceptions:
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PEOPLE v. LOL-LO, GR No. 17958, 1922-02-27
The jurisdiction of piracy unlike all other crimes has no territorial limits. As it is against all so may it be... punished by all. Nor does it matter that the crime was committed within the jurisdictional 3-mile limit of a foreign state, "for those limits, though neutral to war, are not neutral to crimes.
3. Prospectivity
No felony shall be punishable by any penalty not prescribed by law prior to its commission. (Article 21, Revised Penal Code)
Effects of repeal/amendment of penal law
Article 3 of the RPC
Acts and omissions punishable by law are felonies (delitos). Felonies are committed not only be means of deceit (dolo) but also by means of fault (culpa).
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EDUARDO P. MANUEL v. PEOPLE, GR NO. 165842, 2005-11-29
Thus, before the spouse present may contract a subsequent marriage, he or she must... institute summary proceedings for the declaration of the presumptive death of the absentee spouse,[45]... without prejudice to the effect of the reappearance of the absentee spouse.
In contrast, under the 1988 Family Code, in order that a subsequent bigamous marriage may exceptionally be considered valid, the following conditions must concur, viz.: (a) The prior spouse of the contracting party must have been absent for four... consecutive years, or two years where there is danger of death under the circumstances stated in Article 391 of the Civil Code at the time of disappearance; (b) the spouse present has a well-founded belief that the absent spouse is already dead; and (c) there is, unlike the old... rule, a judicial declaration of presumptive death of the absentee for which purpose the spouse present can institute a summary proceeding in court to ask for that declaration. The last condition is consistent and in consonance with the requirement of judicial intervention... in subsequent marriages as so provided in Article 41, in relation to Article 40, of the Family Code.
the declaration of absence made in accordance with the provisions of the Civil Code has for its sole purpose the taking of the necessary precautions for the administration of the estate of the absentee.
a judicial declaration that a person is presumptively dead, because he or she had been unheard... from in seven years, being a presumption juris tantum only, subject to contrary proof, cannot reach the stage of finality or become final; and that proof of actual death of the person presumed dead being unheard from in seven years, would have to be made in another... proceeding to have such particular fact finally determined. The Court ruled that if a judicial decree declaring a person presumptively dead because he or she had not been heard from in seven years cannot become final and executory even after the lapse of the reglementary... period within which an appeal may be taken, for such presumption is still disputable and remains subject to contrary proof, then a petition for such a declaration is useless, unnecessary, superfluous and of no benefit to the petitioner.
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PEOPLE v. ROMANA SILVESTRE, GR No. 35748, 1931-12-14
Mere passive presence at the scene of another's crime, mere silence and failure to give the alarm, without evidence of agreement or conspiracy, do... not constitute the cooperation required by article 14 of the Penal Code for complicity in the commission of the crime witnessed passively, or with regard to which one has kept silent
Dolo or malice
Culpa or fault
Culpa: crime (Art. 365) or a mode of committing a crime (Art. 3).
Motive and intent
Motive is the moving power that impels one to action for a definite result, while intent is the purpose of using a particular means to produce the result.
Mistake of fact
A mistake of fact is a misapprehension of a fact which, if true, would have justified the act or omission which is the subject of the prosecution.
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SALVADOR YAPYUCO v. SANDIGANBAYAN, GR Nos. 120744-46, 2012-06-25
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US v. AH CHONG, GR No. 5272, 1910-03-19
Since evil intent is in general an inseparable element in every crime, any such mistake of fact as shows the act committed to have proceeded from no sort of evil in the mind necessarily relieves the actor from criminal liability,... provided always there is no fault or negligence on his part;
- A mistake of fact will exempt a person from criminal liability so long as the alleged ignorance or mistake of fact was not due to negligence or bad faith.
Mistake of Fact vs. Mistake of Law
As a general rule, mistake of fact or good faith of the accused is a valid defense in a prosecution for a felony by dolo; such defense negates malice or criminal intent. However, ignorance of the law is not an excuse because everyone is presumed to know the law. Ignorantia legis neminem excusat.
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EDUARDO P. DIEGO v. JUDGE SILVERIO Q. CASTILLO, AM No. RTJ-02-1673, 2004-08-11
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EDUARDO P. MANUEL v. PEOPLE, GR NO. 165842, 2005-11-29
Thus, before the spouse present may contract a subsequent marriage, he or she must... institute summary proceedings for the declaration of the presumptive death of the absentee spouse,[45]... without prejudice to the effect of the reappearance of the absentee spouse.
In contrast, under the 1988 Family Code, in order that a subsequent bigamous marriage may exceptionally be considered valid, the following conditions must concur, viz.: (a) The prior spouse of the contracting party must have been absent for four... consecutive years, or two years where there is danger of death under the circumstances stated in Article 391 of the Civil Code at the time of disappearance; (b) the spouse present has a well-founded belief that the absent spouse is already dead; and (c) there is, unlike the old... rule, a judicial declaration of presumptive death of the absentee for which purpose the spouse present can institute a summary proceeding in court to ask for that declaration. The last condition is consistent and in consonance with the requirement of judicial intervention... in subsequent marriages as so provided in Article 41, in relation to Article 40, of the Family Code.
the declaration of absence made in accordance with the provisions of the Civil Code has for its sole purpose the taking of the necessary precautions for the administration of the estate of the absentee.
a judicial declaration that a person is presumptively dead, because he or she had been unheard... from in seven years, being a presumption juris tantum only, subject to contrary proof, cannot reach the stage of finality or become final; and that proof of actual death of the person presumed dead being unheard from in seven years, would have to be made in another... proceeding to have such particular fact finally determined. The Court ruled that if a judicial decree declaring a person presumptively dead because he or she had not been heard from in seven years cannot become final and executory even after the lapse of the reglementary... period within which an appeal may be taken, for such presumption is still disputable and remains subject to contrary proof, then a petition for such a declaration is useless, unnecessary, superfluous and of no benefit to the petitioner.
Article 4 of the RPC (Criminal Liability)
A person committing a felony is criminally liable although the consequences of his felonious act are not intended by him.
Mistake in the identity error in personae
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PEOPLE v. CIRILO MAGALONA, GR No. 143294, 2003-07-17
Where such... unlawful act is wilfully done, a mistake in the identity of the intended victim cannot be considered as reckless imprudence.[74]
Where malice or intention to cause injury exists, the act should be qualified by the felony it has produced.
Mistake in the blow aberratio ictus
Aberratio ictus means mistake in the blow and is characterized by aiming at one but hitting the other due to imprecision in the blow.
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VIRGILIO TALAMPAS v. PEOPLE, GR No. 180219, 2011-11-23
Talampas' poor aim... amounted to aberratio ictus, or mistake in the blow, a circumstance that neither exempted him from criminal responsibility nor mitigated his criminal liability.
Injurious result is greater than that intended praeter intentionem
Doctrine of Proximate cause
Proximate cause is that cause which, in natural and continuous sequence, unbroken by any efficient intervening cause, produces injury and without which the result would not have occurred.
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SALUD VILLANUEVA VDA. DE BATACLAN v. MARIANO MEDINA, GR No. L-10126, 1957-10-22
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PHILIPPINE NATIONAL BANK v. RAYMUNDO, GR No. 208672, 2016-12-07
Impossible Crimes
STAGES OF EXECUTION (Article 6 of the RPC)
Consummated felonies as well as those which are frustrated and attempted, are punishable.
Preparatory acts
As a rule, preparatory acts are not punishable under the Revised Penal Code for as long as they remained equivocal or of uncertain significance, because by their equivocality no one could determine with certainty what the perpetrator's intent really was.
Attempted Stage
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MARK REYNALD MARASIGAN v. REGINALD FUENTES, GR No. 201310, 2016-01-11
direct proof of conspiracy is not imperative and that conspiracy may be inferred from acts of the perpetrators.
a perpetrator's act of holding the victim's hand while another perpetrator is striking a blow is indicative of conspiracy
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GARY FANTASTICO v. ELPIDIO MALICSE, GR No. 190912, 2015-01-12
An overt or external act is defined as some physical activity or deed, indicating the intention to commit a particular crime, more than a mere planning or preparation, which if carried out to its complete termination following its natural course, without being... frustrated by external obstacles nor by the spontaneous desistance of the perpetrator, will logically and necessarily ripen into a concrete offense. The raison d'etre for the law requiring a direct overt act is that, in a majority of cases, the conduct of the accused consisting... merely of acts of preparation has never ceased to be equivocal; and this is necessarily so, irrespective of his declared intent. It is that quality of being equivocal that must be lacking before the act becomes one which may be said to be a commencement of the commission of the... crime, or an overt act or before any fragment of the crime itself has been committed, and this is so for the reason that so long as the equivocal quality remains, no one can say with certainty what the intent of the accused is. It is necessary that the overt act should have been... the ultimate step towards the consummation of the design. It is sufficient if it was the "first or some subsequent step in a direct movement towards the commission of the offense after the preparations are made." The act done need not constitute the last proximate one for... completion. It is necessary, however, that the attempt must have a causal relation to the intended crime. In the words of Viada, the overt acts must have an immediate and necessary relation to the offense.
Frustrated Stage
- Homicidal intent is absent in a case where the accused shot the victim only once when there was an opportunity to do otherwise.
Consummated Stage
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ARISTOTEL VALENZUELA v. PEOPLE, GR NO. 160188, 2007-06-21
[T]he most fundamental notion in the crime of theft is the taking of the thing to be appropriated into the physical power of the thief, which idea is qualified by other conditions, such as that the taking must be effected animo lucrandi and without... the consent of the owner; and it will be here noted that the definition does not require that the taking should be effected against the will of the owner but merely that it should be without his consent, a distinction of no slight importance.
CONSPIRACY AND PROPOSAL TO COMMIT FELONY (Art. 8 of the RPC)
Offenses not subject to the provisions of the Revised Penal Code (Art. 10)
Legal principles developed from the Penal Code may be applied in a supplementary capacity to crimes punished under special laws.
MULTIPLE OFFENDERS (differences, rules, effects)
i. Recidivism - Art. 14(9)
ii. Habituality (Reiteracion) - Art. 14(10)
iii. Quasi-Recidivism - Art. 160
Quasi recidivism is a special aggravating circumstance which imposes the maximum of the penalty for the new offense without regard to the presence or absence of mitigating or aggravating circumstances
iv. Habitual Delinquency
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THE PEOPLE OP THE PHILIPPINE ISLANDS v. EMILIO SANCHEZ, GR No. 37054, 1932-12-23
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LEONARDO ALMEDA v. ONOFRE A. VILLALUZ, GR No. L-31665, 1975-08-06
Continuing crimes
COMPLEX CRIMES AND SPECIAL COMPLEX CRIMES
i. Compound crime
ii. Complex crime proper
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IRIS KRISTINE BALOIS ALBERTO v. THE CA, GR No. 182130, 2013-06-19
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INTESTATE ESTATE OF MANOLITA GONZALES VDA. DE CARUNGCONG v. PEOPLE, GR No. 181409, 2010-02-11
iii. Special complex crime
JUSTIFYING CIRCUMSTANCES (Art. 11 of the RPC)
1. Self-defense
2. Defense of relatives
3. Defense of strangers
4. Avoidance of Greater Evil or Injury
5. Fulfillment of Duty or Lawful Exercise of Right or Office
6. Obedience to an order issued for some lawful purpose
1. Self-defense
Battered woman syndrome (Read R.A. No. 9262)
2. Defense of relatives
3. Defense of strangers
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PEOPLE v. MELANIO DEL CASTILLO, GR No. 169084, 2012-01-18
In self-defense and defense of strangers, unlawful aggression is a primordial element, a condition sine qua non. If no unlawful aggression attributed to the victim is established, self-defense and defense of strangers are unavailing, because there would be nothing to... repel.[22] The character of the element of unlawful aggression has been aptly described in People v. Nugas,[23] as follows:
Unlawful aggression on the part of the victim is the primordial element of the justifying circumstance of self-defense. Without unlawful aggression, there can be no justified killing in defense of oneself. The test for the presence of unlawful aggression under the... circumstances is whether the aggression from the victim put in real peril the life or personal safety of the person defending himself; the peril must not be an imagined or imaginary threat. Accordingly, the accused must establish the concurrence of three elements of unlawful... aggression, namely: (a) there must be a physical or material attack or assault; (b) the attack or assault must be actual, or, at least, imminent; and (c) the attack or assault must be unlawful.
Unlawful aggression is of two kinds: (a) actual or material unlawful aggression; and (b) imminent unlawful aggression. Actual or material unlawful aggression means an attack with physical force or with a weapon, an offensive act that positively... determines the intent of the aggressor to cause the injury. Imminent unlawful aggression means an attack that is impending or at the point of happening; it must not consist in a mere threatening attitude, nor must it be merely imaginary, but must be offensive and positively... strong (like aiming a revolver at another with intent to shoot or opening a knife and making a motion as if to attack). Imminent unlawful aggression must not be a mere threatening attitude of the victim, such as pressing his right hand to his hip where a revolver was holstered,... accompanied by an angry countenance, or like aiming to throw a pot.
Conspiracy exists when two or more persons come to an agreement concerning the commission of a felony and decide to commit it.[31] Conspiracy is either express or implied. Thus, the State does not always have to prove the actual agreement to commit the... crime in order to establish conspiracy, for it is enough to show that the accused acted in concert to achieve a common purpose. Conspiracy may be deduced from the mode and manner of the commission of the offense, or from the acts of the accused before, during and after the... commission of the crime indubitably pointing to a joint purpose, a concert of action and a community of interest.[32] Where the acts of the accused collectively and individually demonstrate the existence of a common design towards the accomplishment of the... same unlawful purpose, conspiracy is evident, and all the perpetrators will be liable as principals.[33] Once a conspiracy is established, each co-conspirator is as criminally liable as the others, for the act of one is the act of all. A co-conspirator does... not have to participate in every detail of the execution; neither does he have to know the exact part performed by the co-conspirator in the execution of the criminal act.
4. Avoidance of Greater Evil or Injury (State of Necessity)
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MANILA DOCTORS HOSPITAL v. SO UN CHUA, GR NO. 150355, 2006-07-31
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PEOPLE v. PIO RICOHERMOSO, GR NOS. L-30527 & L-30528, 1974-03-29
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ANITA TAN v. STANDARD VACUUM OIL CO., GR No. L-4160, 1952-07-29
5. Fulfillment of Duty or Lawful Exercise of Right or Office
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SPO2 RUPERTO CABANLIG v. SANDIGANBAYAN, GR NO. 148431, 2005-08-28
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SALVADOR YAPYUCO v. SANDIGANBAYAN, GR Nos. 120744-46, 2012-06-25
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RUPERTO A. AMBIL v. SANDIGANBAYAN, GR No. 175457, 2011-07-06
6. Obedience to an order issued for some lawful purpose
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RUPERTO A. AMBIL v. SANDIGANBAYAN, GR No. 175457, 2011-07-06
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LUIS A. TABUENA v. SANDIGANBAYAN, GR No. 103501-03, 1997-02-17
EXEMPTING CIRCUMSTANCES (Art. 12 of the RPC)
1. Insanity or imbecility
2. Minority (15 years of age or under, as amended by RA 9344)
3. Performance of a lawful act with due care (Accident)
4. Compulsion of an irresistible force
5. Uncontrollable fear of an equal or greater injury
6. Failure to perform an act due to some lawful or insuperable cause
1. Insanity or imbecility
Insanity
Imbecility
2. Minority (15 years of age or under;over 15 under 18 but w/o discernment, as amended by RA 9344)
3. Performance of a lawful act with due care (Accident)
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VIRGILIO TALAMPAS v. PEOPLE, GR No. 180219, 2011-11-23
Talampas' poor aim... amounted to aberratio ictus, or mistake in the blow, a circumstance that neither exempted him from criminal responsibility nor mitigated his criminal liability.
4. Compulsion of an irresistible force
A person invoking irresistible force or uncontrollable fear must show that the force exerted was such that it reduced him to a mere instrument who acted not only without will but against his will.
Compulsion must be of such character as to leave appellant no opportunity for self-defense in equal combat or for escape.
5. Uncontrollable fear of an equal or greater injury
Fear in order to be valid should be based on a real, imminent or reasonable fear for one's life or limb.
6. Failure to perform an act due to some lawful or insuperable cause
MITIGATING CIRCUMSTANCES (Art. 13 of the RPC)
1. Incomplete justifying or exempting circumstances
2. Minority (impliedly repealed by R.A. No. 9344; Read Article 68 of the RPC)
3. No intention to commit so grave a wrong (Praeter Intentionem)
4. Sufficient provocation
5. Immediate vindication of a grave offense
6. Passion or Obfuscation
7. Voluntary surrender
8. Voluntary plea of guilt
9. Deaf and dumb, blind or otherwise suffering some physical defect
10. Illness
11. Analogous circumstances
1. Incomplete justifying or exempting circumstances
Incomplete self-defense
Incomplete defense of a relative
Incomplete defense of a stranger
Incomplete defense of fulfillment of a duty
2. Minority (impliedly repealed by R.A. No. 9344; Read Article 68 of the RPC)
3. No intention to commit so grave a wrong (Praeter Intentionem)
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DANDY L. DUNGO v. PEOPLE, GR No. 209464, 2015-07-01
Criminal law has long divided crimes into acts wrong in themselves called acts mala in se; and acts which would ot be wrong but for the fact that positive law forbids them, called acts mala prohibita. This distinction is important with reference to the intent with... which a wrongful act is done. The rule on the subject is that in acts mala in se, the intent governs; but in acts mala prohibita, the only inquiry is, has the law been violated? When an act is illegal, the intent of the offender is immaterial.[64] When the doing of an act is prohibited by law, it is considered injurious to public welfare, and the doing of the prohibited act is the crime itself.[65]
A common misconception is that all mala in se crimes are found in the Revised Penal Code (RPC), while all mala prohibita crimes are provided by special penal laws. In reality, however, there may be mala in se crimes under special laws, such as plunder under
R.A. No. 7080, as amended.[66]
Similarly, there may be mala prohibita crimes defined in the RPC, such as technical malversation.[67]
The better approach to distinguish between mala in se and mala prohibita crimes is the determination of the inherent immorality or vileness of the penalized act. If the punishable act or omission is immoral in itself, then it is a crime mala in se; on the... contrary, if it is not immoral in itself, but there is a statute prohibiting its commission by reasons of public policy, then it is mala prohibita. In the final analysis, whether or not a crime involves moral turpitude is ultimately a question of fact and frequently... depends on all the circumstances surrounding the violation of the statute.[68]
Recognizing the malum prohibitum characteristic of hazing, the law provides that any person charged with the said crime shall not be entitled to the mitigating circumstance that there was no intention to commit so grave a wrong.[87] Also, the framers... of the law intended that the consent of the victim shall not be a defense in hazing.
4. Sufficient provocation
5. Immediate vindication of a grave offense
6. Passion or Obfuscation
7. Voluntary surrender
8. Voluntary plea of guilt
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PEOPLE v. MARLON JUAN, GR No. 152289, 2004-01-14
Article 13 (7) of the Revised Penal Code provides that an accused is entitled to the mitigating circumstance of voluntary confession of guilty if "he had voluntarily confessed his guilt before the court prior to the presentation of evidence by the prosecution." The following... requisites must concur: (1) the accused spontaneously confessed his guilt; (2) the confession of guilt was made in open court, that is, before a competent court trying the case; and (3) the confession of guilt was made prior to the presentation of evidence by the... prosecution.[12] -
PEOPLE v. CHRISTOPHER CA A LEONOR, GR No. 125053, 1999-03-25
9. Deaf and dumb, blind or otherwise suffering some physical defect
10. Illness
11. Analogous circumstances
AGGRAVATING CIRCUMSTANCES (Art. 14 of the RPC)
Aggravating circumstances must be alleged in the complaint or information.
1. Taking advantage of public position
2. With insult to the public authorities
3. In disregard of one's rank, age, sex, or dwelling
4. With abuse of confidence or obvious ungratefulness
5. Committed in the palace of the Chief Executive, or in his presence, or where public authorities are engaged in the discharge of their duties, or in a place dedicated to religious worship.
6. Committed in the night time, or in an uninhabited place, or by a band, whenever such circumstances may facilitate the commission of the offense.
7. Committed on the occasion of a calamity or misfortune.
8. With the aid of armed men or persons who insure or afford impunity.
9. Accused is a recidivist
10. Previously punished for an offense to which the law attaches an equal or greater penalty or for two or more crimes to which it attaches a lighter penalty.
11. Committed in consideration of a price, reward, or promise.
12. Use of any artifice involving great waste and ruin.
13. Committed with evident premeditation
14. Craft, fraud, or disguise be employed.
15. Abuse of superior strength, or means be employed to weaken the defense.
16. Committed with treachery (alevosia).
17. Means employed to add ignominy.
18. Committed after an unlawful entry.
19. As a means to the commission of a crime a wall, roof, floor, door, or window be broken.
20. With the aid of minors or by means of motor vehicles, airships, or other similar means.
21. Cruelty
1. Taking advantage of public position
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PEOPLE v. PO3 RENATO F. VILLAMOR, GR Nos. 140407-08, 2002-01-15
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EDGAR CRISOSTOMO v. SANDIGANBAYAN, GR NO. 152398, 2005-04-14
While constitutional rights may be waived, such waiver must be clear and must be coupled with an actual intention to relinquish the... right.
In criminal cases where the imposable penalty may be death, as in the present case, the court is called upon to see to it that the accused is personally made aware of the consequences of a waiver of the right to present evidence.[64]
In fact, it is not... enough that the accused is simply warned of the consequences of another failure to attend the succeeding hearings.
the waiver of the right to present evidence in a criminal case involving a grave penalty is not assumed and taken lightly. The presence of the accused and his counsel is indispensable so that the court could personally conduct a searching inquiry into the... waiver.
the waiver of the right to present evidence in a criminal case involving a grave penalty is not assumed and taken lightly. The presence of the accused and his counsel is indispensable so that the court could personally conduct a searching inquiry into the... waiver.
2. With insult to the public authorities
3. In disregard of one's rank, age, sex, or dwelling
Disregard of rank
Disregard of age
Disregard of sex
Disregard of dwelling
4. With abuse of confidence or obvious ungratefulness
5. Committed in the palace of the Chief Executive, or in his presence, or where public authorities are engaged in the discharge of their duties, or in a place dedicated to religious worship.
6. Committed in the night time, or in an uninhabited place, or by a band, whenever such circumstances may facilitate the commission of the offense.
Nighttime (nocturnity)
When the laws speak of nights, it shall be understood that nights are from sunset to sunrise (Art. 13, New Civil Code)
Uninhabited place (despoblado)
By a band (en cuadrilla)
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PEOPLE v. SPO1 ARMANDO LOZANO, GR Nos. 137370-71, 2003-09-29
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PEOPLE v. LIBERATO 'DUKDUK' SOLAMILLO, GR No. 123161, 2003-06-18
7. Committed on the occasion of a calamity or misfortune.
8. With the aid of armed men or persons who insure or afford impunity.
9. Accused is a recidivist.
10. Habituality (Reiteracion) - Previously punished for an offense to which the law attaches an equal or greater penalty or for two or more crimes to which it attaches a lighter penalty.
11. Committed in consideration of a price, reward, or promise.
12. Use of any artifice involving great waste and ruin.
By means of fire
By means of poison
By means of explosion
13. Committed with evident premeditation
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PEOPLE v. LIBERATO 'DUKDUK' SOLAMILLO, GR No. 123161, 2003-06-18
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PEOPLE v. APOLONIO 'TOTONG' AVILA, GR No. 201584, 2016-06-15
14. Craft, fraud, or disguise be employed.
15. Abuse of superior strength, or means be employed to weaken the defense.
16. Committed with treachery (alevosia).
17. Means employed to add ignominy.
18. Committed after an unlawful entry.
There is an unlawful entry when an entrance is effected by a way not intended for the purpose.
19. As a means to the commission of a crime a wall, roof, floor, door, or window be broken.
20. With the aid of minors or by means of motor vehicles, airships, or other similar means.
21. Cruelty
ALTERNATIVE CIRCUMSTANCES (Art. 15 of the RPC)
Relationship.
Intoxication
Degree of instruction and education of the offender
ABSOLUTORY CAUSES
Absolutory causes are those causes where the act committed is a crime but for reasons of public policy and sentiment there is no penalty imposed-- Reyes, Revised Penal Code, Book I, pp. 231-232
PERSONS CRIMINALLY LIABLE/DEGREE OF PARTICIPATION (Arts. 16-19 of the RPC)
The following are criminally liable for grave and less grave felonies: principals, accomplices, and accessories. The following are criminally liable for light felonies: principals and accomplices.
1. Principals
Principal by direct participation
Principal by inducement
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PEOPLE v. JEANETTE YANSON-DUMANCAS, GR No. 133527-28, 1999-12-13
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PEOPLE v. JEANETTE YANSON-DUMANCAS, GR No. 133527-28, 1999-12-13
Principal by indispensable cooperation
2. Accomplices
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PEOPLE v. LTSG. DOMINADOR BAYABOS, GR No. 171222, 2015-02-18
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DANDY L. DUNGO v. PEOPLE, GR No. 209464, 2015-07-01
Criminal law has long divided crimes into acts wrong in themselves called acts mala in se; and acts which would ot be wrong but for the fact that positive law forbids them, called acts mala prohibita. This distinction is important with reference to the intent with... which a wrongful act is done. The rule on the subject is that in acts mala in se, the intent governs; but in acts mala prohibita, the only inquiry is, has the law been violated? When an act is illegal, the intent of the offender is immaterial.[64] When the doing of an act is prohibited by law, it is considered injurious to public welfare, and the doing of the prohibited act is the crime itself.[65]
A common misconception is that all mala in se crimes are found in the Revised Penal Code (RPC), while all mala prohibita crimes are provided by special penal laws. In reality, however, there may be mala in se crimes under special laws, such as plunder under
R.A. No. 7080, as amended.[66]
Similarly, there may be mala prohibita crimes defined in the RPC, such as technical malversation.[67]
The better approach to distinguish between mala in se and mala prohibita crimes is the determination of the inherent immorality or vileness of the penalized act. If the punishable act or omission is immoral in itself, then it is a crime mala in se; on the... contrary, if it is not immoral in itself, but there is a statute prohibiting its commission by reasons of public policy, then it is mala prohibita. In the final analysis, whether or not a crime involves moral turpitude is ultimately a question of fact and frequently... depends on all the circumstances surrounding the violation of the statute.[68]
Recognizing the malum prohibitum characteristic of hazing, the law provides that any person charged with the said crime shall not be entitled to the mitigating circumstance that there was no intention to commit so grave a wrong.[87] Also, the framers... of the law intended that the consent of the victim shall not be a defense in hazing.