[LAW 109] FINALS CRAM CARDS AAAAA

Article 16. Who are criminally liable

1. Principals

2. Accomplices

3. Accessories

For light felonies, only principals and accomplices

Who are criminally liable?

Article 17. Principals

1. Those who take direct part in the execution of the crime

2. Those who directly force or induce others to commit it

3. Those who cooperate in the commission of the crime by another act without which it would not have been accomplished

Who are principals?

Article 18. Accomplices

Accomplices are the persons who cooperate in the execution of the offense by previous or simultaneous acts

Who are accomplices?

Article 19. Accessories

Accessories are those who, having knowledge of the commission of the crime and without participating, take part subsequent to its commission through

1. Profiting themselves or assisting the offender to profit by the effects of the crime

2. By concealing or destroying the body of the crime, or the effects of instruments thereof, to prevent its discovery

3. By harboring, concealing or assisting in the escape of the principal; provided that

a) accessory acted with abuse of his public functions

b) author of crime is guilty of treason, parricide, murder, or attempt to take life of Chief Executive

c) accessory is known to be habitually guilty of some other crime

Who are accessories?

Art. 20. Accessories who are exempt from criminal liability

Penalties prescribed for accessories shall not be imposed upon those who are such with respect to their spouses, ascendants, descendants, brothers and sisters (legitimate, natural, adopted), relatives by affinity within the same degrees

This rule does not apply for #1 of Article 19 (profiting)

Who are the accessories exempt from criminal liability?

Fencing, as defined in PD 1612, is the act of any person who, with the intent to gain, buys, receives sells, or otherwise deals in any item which they know, or should be known to them, were derived from proceeds of robbery or theft.

What is fencing?

The penalty for fencing is prision mayor and reclusion temporal, depending on the value of property. This is harsher than the standard penalty for accessories (2 degrees lower than principal).

What is the difference between someone guilty for fencing and an accomplice under Art. 19(1), RPC?

Art. 15. Alternative Circumstances.

Alternative circumstances are those that can be aggravating or mitigating according to the nature and effects of the crime and other conditions attending its commission.

These are relationship, intoxication, and degree of instruction and education of the offender.

What are alternative circumstances?

According to Art. 15, it shall be taken into account when the offended party is the spouse, ascendant, descendant, sibling (legitimate, natural, adopted), or relative by affinity in the same degrees as the offender.

When is relationship considered as an alternative circumstance?

According to Art. 15, it is a mitigating circumstance when the offender has committed a felony in a state of intoxication, provided that the intoxication is not habitual or if it was not subsequent to the plan to commit the felony.

It is an aggravating circumstance if the intoxication is it is habitual or intentional.

When is intoxication, as an alternative circumstance, considered as a a mitigating circumstance? Aggravating?

Art. 10. Offenses not subject to provisions of this Code.

Offenses which are, or in the future, punishable under special laws are not subject to the provisions of the RPC. The Code shall be supplementary to the special laws, unless the latter provides the contrary.

What does the RPC say about offenses punishable under special laws?

According to Art. 9 of the RPC, grave felonies are those to which the law attaches the capital punishment or afflictive penalties, in accordance to Art. 25

What are grave felonies?

According to Art. 9 of the RPC, less grave felonies are those which the law punishes with penalties which, in their maximum period, are correctional

What are less grave felonies?

According to Art. 9 of the RPC, light felonies are those which are penalized by arresto menor or a fine not exceeding P40,000 or both

What are light felonies?

Art. 8. Conspiracy and proposal to commit a felony.

Conspiracy and proposal to commit felony are punishable only in the cases in which the law specially provides a penalty therefor.

A conspiracy exists when 2 or more persons come to an agreement concerning the commission of a felony and decide to commit it.

A proposal exists when a person who decided to commit a felony proposes its execution to some other person or persons.

What are conspiracy and proposal?

Art. 7. When light felonies are punishable.

Light felonies are only punishable when they are consummated, with the exception of those committed against persons or property.

When are light felonies punishable?

According to Art. 6 of the RPC, a felony is consummated when all the elements necessary for its execution and accomplishment are present.

What is a consummated felony?

According to Art. 6 of the RPC, a felony is frustrated when the offender performed all of the acts of the execution which would have produced the felony as a result, but is nevertheless not produced due to reasons independent of the will of the perpetrator.

What is a frustrated felony?

According to Art. 6 of the RPC, a felony is attempted when the offender commences the commission of a felony directly by overt acts, and does not perform all the acts of execution due to some cause or accident other than his own spontaneous desistance

What is an attempted felony?

Art. 4. Criminal Liability.

Criminal liability shall be incurred

1. By any person committing a felony although the wrongful act done is different from that which he intended.

2. By any person performing an act which would be an offense against persons property if it weren't for it's inherent impossibility due to the use of inadequate or ineffectual means

When is criminal liability incurred?

According to Art. 3, felonies are acts and omissions punishable by law. Felonies are committed not only by means of deceit (dolo), but also by means of fault (culpa).

There is deceit when the act is performed with deliberate intent. There is fault when the wrongful act results from imprudence, negligence, lack of foresight, or lack of skill

What are felonies?

According to Art. 2, the provisions of the RPC are also applicable to the following crimes, even if committed outside Philippine jurisdiction:

1. Crimes committed while on a Philippine ship or airship

2. Crimes involving forgery or counterfeiting of any coin or currency note or obligation and securities issues by the Government

3. Crimes involving the introduction of the obligations and securities in #2 into the Philippines

4. Crimes involving public officers or employees who commit an offense in the exercise of their functions

5. Crimes against national security and law of nations, as defined in Title One, Book 2

Aside from within the Philippine Archipelago, its atmosphere, its interior waters and maritime zone, the provisions of the RPC are also applicable where?

According to Art. 11, if an act is done with a justifying circumstance, the person does not incur criminal liability. Both civil and criminal liability are absent.

What is the consequence of having a justifying circumstance?

According to Art. 11, the first justifying circumstance is:

Anyone who acts in defense of his person or rights, provided that the following circumstances occur:

1. Unlawful aggression

2. Reasonable necessity of the means employed to prevent or repel it

3. Lack of sufficient provocation on the person defending himself

What is the first justifying circumstance?

According to Art. 11, the second justifying circumstance is

Anyone who acts in defense of the person or rights of his spouse, ascendants, descendants, siblings, relatives by affinity in the same degree, relatives by consanguinity within the fourth degree provided that the following requisites occur:

1. Unlawful aggression

2. Reasonable necessity of the means employed to prevent or repel it

The one making provocation must have had no part in the provocation, even if it were given by the relative

What is the second justifying circumstance?

According to Art. 11, the third justifying circumstance is

Anyone who acts in defense of the person or rights of a stranger, provided that the following requisites occur:

1. Unlawful aggression

2. Reasonable necessity of the means employed to prevent or repel it

The person defending must not be induced by revenge, resentment or other evil motive

What is the third justifying circumstance?

According to Art. 11, the fourth justifying circumstance is one who does damage to another in order to avoid an evil or injury, provided that the following requisites are present:

1. That the evil sought to be avoided actually exists

2. That the injury feared be greater than what was done to avoid it

3. There is no other practical and less harmful means of preventing it

What is the fourth justifying circumstance?

According to Art. 11, the fifth justifying circumstance is one who:

1. Acts in the fulfilment of a duty or

2. In the lawful exercise of a right or office

What is the fifth justifying circumstance?

1. The accused acted in performance of a duty or in the lawful exercise of a right or office

2. The injury caused or offense committed is the necessary consequence of the due performance of duty or lawful exercise of a right or office

What are the two requisites for the fifth justifying circumstance (Art. 11(5), RPC)?

According to Art. 11, the sixth justifying circumstance is one who acts in obedience to a superior for a lawful purpose

What is the sixth justifying circumstance?

1. An order was issued by a superior

2. The order is for some lawful purpose

3. The means used to carry out the order are lawful

What are the three requisites for the sixth justifying circumstance (Art. 11(6), RPC)?

According to Art. 12, they are exempt from criminal liability. However, there is still a civil liability.

What is the consequence of the presence of exempting circumstances?

According to Art. 12, the first exempting circumstance is an imbecile or insane person, unless the latter has acted during a lucid interval

What is the first exempting circumstance?

The second exempting circumstance is minority. Art 12(2) has been repealed by Section 6, RA 9344.

A child 15 years of age or under at the time of the commission of the offense shall be exempt from criminal liability. A child 15 years but below 18 years shall likewise be exempt from criminal liability unless he/she acted with discernment.

What is the second exempting circumstance?

Discernment is determined by considering all the facts and circumstances available. This may be shown by:

1. The manner the crime was committed

2. The conduct of the offender after its commission

What is the meaning of "discernment" for the purpose of determining a minor's criminal liability?

According to Art. 12, the third exempting circumstance is any person who, while performing a lawful act with due care, causes an injury by mere accident without fault or intention of causing it.

What is the third exempting circumstance?

1. The act must be lawful

2. The person must be acting with due care

3. The injury was caused by mere accident

4. The act was done without fault or intention of causing the injury

What are the 4 elements of the third exempting circumstance (accident)?

According to Art. 12, the fourth exempting circumstance is any person who acts under the impulse of an irresistible force

What is the fourth exempting circumstance?

1. The compulsion is by means of physical force

2. The physical force must be irresistible

3. The physical force must come from a third person

What are the elements of irresistible force as an exempting circumstance?

According to Art. 12, the fifth exempting circumstance is any person who acts under the impulse of an uncontrollable fear or an equal or greater injury

What is the fifth exempting circumstance?

1. Existence of an uncontrollable fear

2. The threat which causes the fear is of an evil greater than or equal to that which the person is required to commit

3. The fear must be real and imminent

4. The promised evil must be of such gravity and imminence that the ordinary man would have succumbed to it

What are the elements of uncontrollable fear as an exempting circumstance?

Irresistible force uses violence or physical force to compel the commission of the crime.

Uncontrollable fear employs intimidation or threat to compel the commission of the crime.

What is the difference between irresistible force and uncontrollable fear in terms of compulsion method?

According to Art. 12, the seventh exempting circumstance is any person who fails to perform an act required by law because of some lawful or insuperable cause.

What is the seventh exempting circumstance?

1. There is a positive duty

2. A person fails to perform the positive duty

3. His failure to perform an act was due to a lawful or insuperable cause

What are the elements of the seventh exempting circumstance?

If present in the commission of the crime, they do not entirely free the actor from criminal liability, but serve to reduce the penalty

What is the consequence of the presence of mitigating circumstances?

According to Art. 13, the first mitigating circumstance is incomplete justifying or exempting circumstance.

What is the first mitigating circumstance?

1. If majority of the elements necessary to justify the act or exempt the offender are present, the incomplete circumstance is a privileged mitigating circumstance

2. If less than a majority, it is an ordinary mitigating circumstance

3. If there are only 2 elements, the presence of 1 element is considered as a majority

4. In case of incomplete self-defense:

- unlawful aggression must always be present

- only unlawful aggression = ordinary mitigating

- only 2 elements = privileged mitigating

What are the rules for the mitigating circumstance of incomplete justifying or exempting circumstance?

1. Incomplete justifying or exempting circumstance, provided that majority of the elements are present

2. Minority

What are 2 mitigating circumstances which are ALWAYS privileged?

According to Art. 13, the offender is under 18 or over 70 years.

For the offender under 18, this has been implicitly repealed by RA 9344 (exempting, unless acted with discernment)

What is the second mitigating circumstance?

According to Art. 13, the third mitigating circumstance is no intention to commit so grave a wrong (praeter intentionem).

1. That a felony has been committed

2. That there is a notable disparity between the means employed and the resulting felony

What is the third mitigating circumstance? What are its elements?

According to Art. 13, the fourth mitigating circumstance is that sufficient provocation or threat on the part of the offended party immediately preceded the act

1. The provocation must be sufficient

2. The provocation must originate from the offended party

3. The provocation must be immediate to the commission of the crime by the person provoked (no lapse of time)

What is the fourth mitigating circumstance? What are its elements?

According to Art. 13, the fifth mitigating circumstance is that the act was committed in immediate vindication of a grave offense to:

- the one committing the felony

- his SADBS RelAff

1. There must be a grave offense done to the accused or a member of his family

2. The commission of the crime was done in immediate vindication of the grave offense (allows for a lapse of time, as long as proximate cause of the act)

What is the fifth mitigating circumstance? What are its elements?

According to Art. 13, the sixth mitigating circumstance is that the person acted upon an impulse so powerful as to have naturally produced passion or obfuscation.

1. There must be an act both a) unlawful and b) sufficient to produce passion or obfuscation on the part of the accused

2. The commission of the crime must not be too far from the act that produced the passion or obfuscation in terms of length of time

What is the sixth mitigating circumstance? What are its elements?

Sufficient provocation

Immediate vindication of a grave offense

Sudden impulse of passion and obfuscation

If these three mitigating circumstances are all present and arose from the same facts and circumstances, it will only be treated as one mitigating circumstance.

According to Art. 13, the mitigating circumstances under #7 are

a) voluntary surrender

b) plea of guilt

What are the mitigating circumstances under #7?

1. The offender has not been actually arrested

2. He surrendered to a person in authority or his agent

3. The surrender must be done voluntarily (with spontaneity and unconditional intent)

What are the elements of voluntary surrender?

1. The offender pleaded guilty spontaneously and unconditionally

2. The plea must be done in open court (trial court)

3. The plea must be done before the presentation of evidence for prosecution

What are the elements of plea of guilt?

According to Art. 13, if the offender is:

a) deaf and dumb

b) blind or

c) otherwise suffering some physical defect which restricts his means of actions, defense, or communication with his fellow beings

1. The offender is suffering from a physical defect

2. The defect restricts his means of action, defense, or communication

3. The physical defect must have a connection to the crime committed

What is the mitigating circumstance under #8? What are its elements?

According to Art. 13, if the offender has an illness which diminishes his exercise of will power without depriving of consciousness of his acts.

What is the mitigating circumstance under #9?

Analogous mitigating circumstances

Ex. Jealousy for sudden impulse of passion and obfuscation, Restitution of thing taken for voluntary surrender

What is the mitigating circumstance under #10? What are its examples?

Art. 14(21) Cruelty

There is cruelty when the culprit enjoys making his victim suffer slowly and gradually, causing unnecessary physical pain. Its elements are

1. The injury caused is deliberately increased by another wrong. There is a deliberate intention to prolong the suffering of the victim

2. The other wrong is unnecessary for the execution of the purpose of the offender

Art. 14(17) Ignominy

There is ignominy if the means employed adds disgrace to the material injury caused by the crime, making it more humiliating or shameful for the victim

What is the difference between cruelty and ignominy?

Under Art. 14(20), the two aggravating circumstances under it are:

1. With aid of persons under 15 years of age

2. By means of motor vehicles, airships, or other means. This is aggravating when the vehicle is used in going to the place of the crime, in carrying away its effects, and facilitating escape

What are the 2 aggravating circumstances under Art. 14(20)?

Art. 14(18). Unlawful Entry.

There is unlawful entry when an entrance is effected by a way not intended for the purpose, such as entering through a window.

Art. 14(19). Breaking Wall, Floor, Roof, Door, Window

This circumstance is apparent when there is a deliberate breakage of the WFRDW. The offender does not necessarily need to have entered the building as the breaking itself aggravates the liability.

In both cases:

- They only apply to entrance

- Inherent in robbery with force upon things

What are the differences and similarities of unlawful entry and breaking WFRDW?

Treachery (Art. 14(6)) exists when the offender commits crimes against persons; employing means, methods, or forms that tend directly and specially to insure its execution, without risk to himself arising from the defense which the offended party might make.

1. At the time of the attack, victim was not in a position to defend himself

2. The offender consciously adopted the means of execution

Define treachery. What are its elements?

Craft

Abuse of Superior Strength

Nighttime

Aid of Armed Men

Cuadrilla

Employing means to weaken defense

What are the aggravating circumstances that treachery absorbs? CANACE

The two aggravating circumstances under Art. 14(15) are:

1. Abuse of superiority - requires evidence that the accused were stronger (physical strength, numbers, weapon type) and that they abused such superiority

2. Employing means to weaken defense - involves materially weakening resisting power of offended party (ex. casting sand upon victim's eyes, making diseased intoxicated)

Both are absorbed by treachery

What are the 2 aggravating circumstances under Art. 14(15)?

The three aggravating circumstances under Art. 14(14)

1. Craft - involves intellectual trickery to not arouse suspicion of victim (ex. pretending to be a passenger, luring a victim under a pretext to kill them)

2. Fraud - involves direct inducement by insidious words or machinations (ex. inducing victims to give up their arms upon a false promise that no harm would be done to them)

3. Disguise - involves resorting to any device to conceal identity

What are the 3 aggravating circumstances under Art. 14(14)?

Under Art. 14(13), evident premeditation implies that there was a deliberate planning of the act before executing it.

The requisites (which prosecution must prove) are:

1. The time when offender determined to commit the crime

2. An act manifestly indicating that the culprit has clung to his determination

3. A sufficient lapse of time between determination and execution

Inherent in:

- robbery, but may be aggravating in robbery with homicide if premeditation included killing

What is evident premeditation as an aggravating circumstance?

Under Art. 14(12), the crime must be committed by means of inundation, fire, poison, explosion, stranding of a vessel, derailment of locomotive, or any other artifice involving great waste or ruin. The offender deliberately employs these as means to commit the crime

Under Art. 14(7), the crime is committed on the occasion of a conflagration (big fire), shipwreck, earthquake, epidemic, or other calamity or misfortune. The offender takes advantage of the situation to commit a crime.

What is the aggravating circumstance under Art. 14(12)? How is it different from Art. 14(7)?

Under Art. 14(11), the crime was committed in consideration of a price, reward, or promise.

- This affects both the principal by inducement (offeror) and the principal by direct participation (acceptor)

- Applies even if reward was not given, what is punished is the motivating power.

What is the aggravating circumstance under Art. 14(11)?

Under Art. 14(10), the aggravating circumstance is reiteracion or habituality.

Its requisites are:

1. The accused is on trial for a new offense

2. He previously served a sentence for

a) another offense to which the law attaches an equal or greater penalty OR for

b) two or more crimes which attaches a lighter penalty for the new offense

3. The accused is convicted of the new offense

What is the aggravating circumstance under Art. 14(10)? What are its requisites?

Under Art. 14(9), the aggravating circumstance is recidivism.

Its requisites are:

1. The offender is on trial for a new offense

2. He was previously convicted by final judgment of another crime

3. Both the first and second offenses are embraced in the same title of the Code (ex. robbery and theft (Title 10), homicide and physical injuries (Title 8))

4. The offender is convicted of the new offense

What is the aggravating circumstance under Art. 14(9)? What are its requisites?

1. They must be clearly alleged in the complaint

2. A copy of the certificate of finality of judgment must have been attached in the information

What are the requirements for recidivism and reiteracion to be appreciated as aggravating circumstances?

Under Art. 14(8), the crime was committed with the aid of armed men or persons who insure or afford impunity.

Its requisites are

1. Armed men or persons took part, either directly or indirectly (no requirement as to the number

2. The accused availed himself of their aid or relied upon them when the crime was committed

It can be absorbed by:

1. "band" (if 4 or more armed men) or

2. conspiracy if the accused and collaborators acted under the same plan and same purpose

What is the aggravating circumstance under Art. 14(8)? What are its requisites? When can it be absorbed?

Under Art. 14(6), the three aggravating circumstances are:

1. Nighttime

- period of darkness from dusk to dawn

- requisites:

a) committed during nighttime

b) intentionally sought to facilitate commission of crime to evade recognition or impunity

2. Uninhabited place (solitude)

- this place is determined by whether there was a reasonable possibility of the victim receiving some help.

- test: the accused must have sought the solitude of the place to attain the criminal purpose without interference or to insure concealment against detection and punishment

3. Band (Cuadrilla)

- as defined in Art. 296, this involves more than 3 armed malefactors

- requisites:

a) at least 4 malefactors

b) all armed

c) must have acted together in commission of offense

What are the aggravating circumstances under Art. 14(6)? What are its requisites? When can it be absorbed?

Cuadrilla only applies in crimes against persons, property, illegal detention, and treason. Not applicable in crimes against chastity

Cuadrilla absorbs

1. Use of superior strength

2. Aid of armed men (if # is at least 4)

3. Use of firearms

Cuadrilla is inherent in brigandage.

When does cuadrilla apply? not apply? absorbs what? inherent in?

Art. 14(5) provides the following aggravating circumstances

1. If crime is committed in the palace of the Chief Executive (even is CE is not there)

2. If the crime is committed in the presence of the CE, even if not in the palace

3. If the crime is committed where public authorities are engaged in the discharge of duties

4. If the crime is committed in a place for religious worship

What are the four aggravating circumstances under Art. 14(5)?

Under Art. 14(4)

Abuse of confidence exists when the offended party has entrusted the offender, who then abuses that trust by committing the crime.

1. The offended party trusted the offender

2. The offender abused such trust by committing the crime

3. The abuse of confidence facilitated the commission of the crime

Obvious ungratefulness exists when there is an immediate and personal confidence between parties that gave the accused advantage in committing the criminal act. There must be a voluntary act where he could have reposed gratitude.

What are the differences between abuse of confidence and obvious ungratefulness?

Under Art. 14(3)

1. Crime was committed insult or in disregard of the respect due to the offended party on account of his rank, age, or sex

2. Crime was committed in the dwelling of the offended party, if the latter has not given provocation

What are the aggravating circumstances under Art. 14(3)?

Disregard of sex is not considered aggravating in the following instances:

1. When the offender acted with passion and obfuscation

2. When the condition of being a woman is inherent in the crime (parricide, rape, abduction, seduction)

3. When the killing of the woman did not involve a manifest insult or disrespect towards her sex

When is disregard of sex not aggravating?

Under Art. 14(2), that the crime be committed in contempt of or with insult to public authorities.

Its requisites are:

1. The public authority is engaged in the exercise of his functions (Art. 152: must be vested with jurisdiction or the power to govern and execute laws)

2. The authority is not the person whom the crime is committed to

3. The offender knows him to be a public authority

4. The authority's presence has not prevented the offender from committing the crime

What is the aggravating circumstance in Art. 14(2)

Under Art. 14(1), that advantage was taken by offender of his public position,

The core inquiry is: "Did the accused abuse his office to commit the crime?"

It is inherent in:

- malversation

- falsification of documents committed by officers

- bribery

What is the aggravating circumstance in Art. 14(1)? When is it inherent?