Mini reviewer for crim

8/10/2019 Mini reviewer for crim

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TITLE I: FELONIES

Justifying Circumstances (Art. 11)

1. SELF-DEFENSE. Anyone who acts in defense of his person or rights, provided that the followingcircumstances concur;

First. Unlawful aggression.

Second. Reasonable necessity of the means employed to prevent or repel it.Third. Lack of sufficient provocation on the part of the person defending himself.2. DEFENSE OF RELATIVES. Any one who acts in defense of the person or rights of his spouse,

ascendants, descendants, or legitimate, natural or adopted brothers or sisters, or his relatives by affinityin the same degrees and those consanguinity within the fourth civil degree, provided that the first andsecond requisites prescribed in the next preceding circumstance are present, and the further requisite, in

case the revocation was given by the person attacked, that the one making defense had no part therein.

3. DEFENSE OF STRANGER. Anyone who acts in defense of the person or rights of a stranger, providedthat the first and second requisites mentioned in the first circumstance of this Art. are present and thatthe person defending be not induced by revenge, resentment, or other evil motive.

4. AVOID INJURE/EVIL. Any person who, in order to avoid an evil or injury, does not act which causes

damage to another, provided that the following requisites are present;First. That the evil sought to be avoided actually exists;

Second. That the injury feared be greater than that done to avoid it;

Third. That there be no other practical and less harmful means of preventing it.5. FULFILLMENT OF DUTY AND LAWFUL EXERCISE. Any person who acts in the fulfillment of a duty

or in the lawful exercise of a right or office.6. OBEDIENCE TO SUPERIOR. Any person who acts in obedience to an order issued by a superior for

some lawful purpose.

Exempting Circumstances (Art. 12)1. IMBECILE/INSANE PERSON. An imbecile or an insane person, unless the latter has acted during a

lucid interval.

When the imbecile or an insane person has committed an act which the law defines as a felony (delito),the court shall order his confinement in one of the hospitals or asylums established for persons thus

afflicted, which he shall not be permitted to leave without first obtaining the permission of the same court.

2. 9 YEARS OLD. A person under nine years of age.3. ACTING WITH DISCERNMENT. A person over nine years of age and under fifteen, unless he has

acted with discernment, in which case, such minor shall be proceeded against in accordance with theprovisions of Art. 80 of this Code.

When such minor is adjudged to be criminally irresponsible, the court, in conformably with the provisionsof this and the preceding paragraph, shall commit him to the care and custody of his family who shall be

charged with his surveillance and education otherwise, he shall be committed to the care of some

institution or person mentioned in said Art. 80.4. MERE ACCIDENT. Any person who, while performing a lawful act with due care, causes an injury bymere accident without fault or intention of causing it.

5. IRRESISTIBLE FORCE. Any person who act under the compulsion of irresistible force.

6. UNCONTRABLE FEAR. Any person who acts under the impulse of an uncontrollable fear of an equal orgreater injury.

7. OMMISION BY LAWFUL CAUSE. Any person who fails to perform an act required by law, when

prevented by some lawful insuperable cause.

Mitigating Circumstances (Art. 13)

PRIVILEGED (to always be applied, in which the penalty is reduced by DEGREES and not by periods whichis the case for the ones not listed):

When there are 2 or more MC and no AC are present

Accused is under 18 years of age

Crime is not wholly inexcusable (Art. 69)

1. INCOMPLETE SELF-DEFENSE Those mentioned in the preceding chapter, when all the requisites

necessary to justify or to exempt from criminal liability in the respective cases are not attendant.


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2. MINOR WITH DISCERNMENT AND OLD PERSON.That the offender is above 15 but below 18 andacting with discernment or over seventy years. In the case of the minor, he shall be proceeded against in

accordance with the provisions of Art. 80.

3. PRAETER INTENTIONEM. That the offender had no intention to commit so grave a wrong as thatcommitted.

4. PROVOCATION/THREAT. That sufficient provocation or threat on the part of the offended party

immediately preceded the act.5. IMMEDIATE VINDICATION. That the act was committed in the immediate vindication of a graveoffense to the one committing the felony (delito), his spouse, ascendants, or relatives by affinity within

the same degrees.6. PASSION/OBFUSCATION. That of having acted upon an impulse so powerful as naturally to haveproduced passion or obfuscation.

7. VOLUNTARY SURRENDER/CONFESSION. That the offender had voluntarily surrendered himself to a

person in authority or his agents, or that he had voluntarily confessed his guilt before the court prior tothe presentation of the evidence for the prosecution;8. DEAF/DUMB/BLIND. That the offender is deaf and dumb, blind or otherwise suffering some physical

defect which thus restricts his means of action, defense, or communications with his fellow beings.

9. ILLNESS AND WILLPOWER. Such illness of the offender as would diminish the exercise of the will-power of the offender without however depriving him of the consciousness of his acts.

10. OTHERS. And, finally, any other circumstances of a similar nature and analogous to those above

mentioned.

Aggravating Circumstances (Art. 14)1. ADVANTAGE OF PUBLIC POSITION. That advantage be taken by the offender of his public position.

2. INSULT TO PUBLIC AUTHORITIES. That the crime be committed in contempt or with insult to thepublic authorities.

3. INSULT TO PERSON AND DWELLING. That the act be committed with insult or in disregard of therespect due the offended party on account of his rank, age, or sex, or that is be committed in the dwelling

of the offended party, if the latter has not given provocation.

4. ABUSE OF CONFIDENCE/OBVIOUS UNGRATEFULNESS. That the act be committed with abuse ofconfidence or obvious ungratefulness.

5. PALACE, DUTIES, WORSHIP. That the crime be 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 placededicated to religious worship.

6. NIGHTTIME, UNINHABITED, MALEFACTORS. That the crime be committed in the night time, or inan uninhabited place, or by a band, whenever such circumstances may facilitate the commission of the

offense.Whenever more than three armed malefactors shall have acted together in the commission of an offense,

it shall be deemed to have been committed by a band.

7. CALAMITY OR MISFORTUNE. That the crime be committed on the occasion of a conflagration,shipwreck, earthquake, epidemic or other calamity or misfortune.8. That the crime be committed with the aid of armed men or persons who insure or afford impunity.

9. RECIDIVIST. That the accused is a recidivist.

A recidivist is one who, at the time of his trial for one crime, shall have been previously convicted by finaljudgment of another crime embraced in the same title of this Code.

10. HABITUAL DELINQUENT. That the offender has been previously punished by 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. PRICE, REWARD, PROMISE. That the crime be committed in consideration of a price, reward, or

promise.12. INUNDATIONS, GREAT WASTE AND RUIN. That the crime be committed by means of inundation,fire, poison, explosion, stranding of a vessel or international damage thereto, derailment of a locomotive,or by the use of any other artifice involving great waste and ruin.

13. EVIDENT PREMEDITATION.That the act be committed with evident premeditation.14. CRAFT, FRAUD, DISGUISE. That the craft, fraud or disguise be employed.15. SUPERIOR STRENGTH. That advantage be taken of superior strength, or means be employed to

weaken the defense.

16. TREACHERY. That the act be committed with treachery (alevosia).


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There is treachery when the offender commits any of the crimes against the person, employing means,methods, or forms in the execution thereof which tend directly and specially to insure its execution,

without risk to himself arising from the defense which the offended party might make.

17. IGNOMINY. That means be employed or circumstances brought about which add ignominy to thenatural effects of the act.

18. UNLAWFUL ENTRYThat the crime be committed after an unlawful entry.

There is an unlawful entry when an entrance of a crime a wall, roof, floor, door, or window be broken.20. UNDER 15, MOTORS, ETC. That the crime be committed with the aid of persons under fifteen yearsof age or by means of motor vehicles, motorized watercraft, airships, or other similar means. (As

amended by RA 5438).21. CRUELTY. That the wrong done in the commission of the crime be deliberately augmented by causingother wrong not necessary for its commissions.

TITLE II: PERSONS CRIMINALLY LIABLE FOR FELONIES

TITLE III: PENALTIES

Penalty punishment imposed by lawful authority upon a person who commits an unlawful, deliberate, ornegligent act.

Some principles:

Art. 21 Only those penalties prescribed by law may be imposed.

Art. 22 Retroactive effect on penal laws only apply when its favorable for the guilty person (whois not a habitual criminal) who is already serving the published sentence.

Art. 23 Pardon from the offended party will not extinguish criminal action except for Art. 344 butcivil liabilities will be waived, if done expressly by the said party.

Art. 24 The following will not be considered as penalties:o Arrest and temporary detention of accused persons, detention by reason of insanity or

imbecility, or illness in which they are confined in a hospital.

o Commitment of a minor to the institutions in Art. 80.o Suspension from employment/public office during trial or in order to start proceedings

o Fines and other corrective measures which superior officials may impose on subordinates in

lieu of administrative or disciplinary powerso Deprivation of rights and reparations which civil law punishes in penal form.

Art. 70 Maximum duration of a convicts sentence shall not be more than three times the lengthof time corresponding to the most severe penalty imposed. Maximum period cannot go beyond 40

years.

Condensed version of penalties

Classification Scale (for applyingMC/AC)

Duration In/divisible****

Capital punishment Death - Indivisible

Afflictive penalties Reclusion perpetua* 20 yrs + 1 day to 40 yrs Indivisible**

Reclusion temporal 12 yrs + 1 day to 20 yrs Divisible

Prision mayor 6 yrs + 1 day to 12 yrs

Correctional

penalties

Prision correctional 6 mos + 1 day to 6 yrs

Aresto mayor 1 mo + 1 day to 6 mos

Destierro - Indivisible

Light penalties Aresto menor 1 day to 30 days Divisble

Public censure - Indivisible

Fine*** -

* - Different from life imprisonment:

o Imposed by special law (unlike RP which is RPC)

o Does not have any definite extent/duration re: pardon (RP imprisonment for 30 years convict becomes eligible)

o No accessory penalties (unlike RP)

**- must be imposed in its entire duration

*** - afflictive if >Php6000; correctional if Php200>Php6000; light if


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**** - Indivisible are those with no fixed duration; whereas, divisible penalties are those with a fixedduration and can be divided into 3 periods.

Preventive Imprisonment - incarceration undergone by a person accused of a crime which is

not bailable or even if bailable, cannot afford to post the bond. During the trial of his case, he is

in jail and is known as a detention prisoner. (Note: when accused has undergone such imprisonmentfor a period equal or more than the possible maximum imprisonment of the offense charged to which hemay be sentenced and case is not yet terminated, he shall be released immediately. He must agree in

writing to abide by disciplinary rules imposed on convicted prisoners if he is to be credited fully. If he doesnot agree, only 4/5 of time he was under such will be deducted. [Art. 29] The trial will proceed, though. Ifhe is acquitted, he will have no criminal record. But if faced with conviction criminal records but no more

imprisonment. This DOES NOT apply to a recidivist or one who has been convicted twice or more or when

the person failed to surrender voluntarily despite summons to do so.)

Subsidiary imprisonment personal penalty prescribed by law in substitution of the payment of

fine embodied in the decision when the same cannot be satisfied because of culprits

insolvency. (Note: No such imprisonment if penalty is more than 6 years. The subsidiary imprisonmentwill not exceed 1/3 of the principal penalty, or 1 year whichever is lesser.)

Duration of divisible penalties

Penalties Entire duration Minimum period Medium period Maximum period

Reclusiontemporal

12 yrs + 1 day to20 yrs

12 yrs + 1 day to14 yrs + 8 mos

14 yrs + 8 mos +1 day to 17 yrs +

4 mos

17 yrs + 4 mos +1 day to 20 yrs

Prision mayor 6 yrs + 1 day to

12 yrs

6 yrs + 1 day to 8

yrs

8 yrs + 1 day to

10 yrs

10 yrs + 1 day to

12 yrs

Prisioncorrectional,

suspension,destierro

6 mos + 1 day to6 yrs

6 mos + 1 day to2 yrs + 4 months

2 yrs + 4 mos + 1day 4 yrs + 2

mos

4 yrs + 2 mos 6yrs

Arresto mayor 1 mo + 1 day to 6

mos

1 mo to 2 mos. 2 mos +1 day to 4

mos.

4 mos + 1 day to

6 mos

Arresto menor 1 day to 30 days 1 day to 10 days 11 to 20 days 21 to 30 days

If you forget the periods, just follow the steps:o Step 1: get the duration of each period

o Step 2: divide that by 3

o Step 3: add the quotient to the beginning of each period starting with the minimum

STEPS IN ASCERTAINING THE PENALTY TO IMPOSE (already assuming that the person is found to be

criminally liable. Before this, also check if they fall under the EXEMPTING OR JUSTIFYING circumstances) Whats the crime?

Whats the penalty prescribed by law?

What are the circumstances?

Apply now the appropriate (in terms of period):o No aggravating and no mitigating medium period

o

Mitigating only minimum periodo Aggravating only maximum periodo Some of both offset, then apply the above rules

o Two or more mitigating with no aggravating lower the penalty one degree but always inthe proper period

Note: Privileged mitigating always considered whether divisible or indivisible penalty,and this will be in terms of DEGREES.

What was this persons participation in the crime? What was the stage of execution?

Apply:


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How to apply, in

degrees

Consummated Frustrated Attempted

Principal As provided by law - 1 - 2

Accomplice - 1 - 2 - 3

Accessory - 2 - 3 - 4

Rule when both MC and AC are present (Art. 62):

AC which constitute a crime in itself which is specially punishable by law or is included by the law in

defining a crime shall NOT INCREASE THE PENALTYo

By means of fire for arsono Crime inside the dwelling for trespass to dwelling

o By means of poison for murder using poison AC which are inherent in the crime to a degree that it is necessary in committing a crime shall NOT

INCREASE THE PENALTY

o Abuse of confidence for qualified theft

AC/MC which arise from the moral attributes of the offender or his private relations with theoffended party or personal cause SHALL AGGRAVATE OR MITIGATE THE LIABILITY TO WHOM THEY

ARE ATTENDANT

o XYZ conspired to kill W, who is Xs brother-in-law. Z committed the crime with evidentpremeditation whereas Y is a recidivist.

AC of evident premeditation only to Z

AC of recidivism only to Y

AC (in terms of alternative circumstance) for relatives only to Xo MC of abandonment by husband applies both to wife and her lover because their act is one

Circumstances which are material in the execution of the act or that the means employed will serve

to aggravate or mitigate those who had knowledge of them at time of execution.o ABC agree to kill X. Armed with guns they went to Xs house. A stayed in the yard as a

lookout. B and C saw X sleeping and killed him.

Treachery of C will affect ONLY AFFECT B because the latter was aware of the

treacherous act/ However, A's liability will not be aggravated by treacher because he had no

knowledge.

o ABC agree to kill X. A put poison in Xs drink. B saw and C didnt. X died. AC only applies to A and B.

Other effects of penalty (Art. 45)

Penalties carry with it forfeiture of the proceeds of crime and instruments/tools with which it wascommitted.

o Instruments and tools government UNLESS property of 3rdperson not liable for offense

o But those which are not subjects of lawful commerce will be destroyed.

Complex crimes when a single act constitutes 2 or more grave or less grave felonies OR when an offenseis a necessary means for committing the other, the penalty for the most serious crime shall be imposed in

its maximum period.

Not applicable for special complex crimes like robbery with homicide/rape/arson or rape with arson

Applies only when no specific penalty is stated in the law

2 types of complex crimeso

COMPOUND CRIME (a single act constitutes 2 or more grave/less grave felonies)

Ex. A shot B but missed. Instead, killed X, As father. Ex. Y hit the car of W which hit As car 2 cars damaged

o COMPLEX CRIME PROPER (offense is a necessary means of committing the other)

Government worker got Php10,000 from taxpayer and placed Php1,000 in the receiptand used Php9,000. Guilty of malversation through falsification of a public document(Falsification was necessary)

In estafa through falsification, a casual employee encashed money by affixing

signature. Not complex crime like above because he was not an accountable officerlike the government worker.


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Accused used intimidation and brought the victim to a building and raped her.Complex crime of forcible abduction with rape.

One offense should not be punishable under another law. Both must be from RPC.

o So, for illegal possession of firearm (IPF) and the same was used for murder, cannot beconsidered as complex crime because IPF is under a special law

One can be convicted only of rebellion when the robberies, murders, etc. were done to rebel and

further the rebellion. However, if one did it only for personal motives, it will be punished separatelyeven if simultaneous with rebellious acts.

Continuing crime a single crime consisting of a series of acts arising from one criminal resolution orintent not susceptible of division

Taking of several cows belonging to different owners while committed through several acts one

crime when perpetrated during the same occasion

BUT in a train where a person murdered different people it was not a continuing crime and wascharged with 8 murders. Why? Because it was susceptible of division by jurisdiction while train waspassing through different cities.

Indeterminate Sentence imposing a prison sentence for an offense punished by RPC to which anindeterminate sentence, the maximum term of which shall be, in view of the circumstance, could be

imposed under this Codes rules and minimum within the range of the next lower penalty prescribed by

the Code. If punished by another law, the court shall sentence the accused to an indeterminate sentence,the maximum term will not exceed the maximum fixed by law and the minimum not less than the

minimum prescribed. The following can NOT avail of the benefits of the ISL:

o Based on Penalties Convicted and punished with death, LI, RP (for purposes of ISL: LI and RP are

synonymous)

Maximum term of imprisonment does not exceed one year Non-prison sentences of fine, destierro, disqualification, etc

o Based on Offenses Convicted of treason, misprision of treason, rebellion, sedition, espionage, piracy

o Based on Offenders

Habitual delinquents Those who escaped from confinement or evaded sentence

Committed crimes while on parole Violated conditional pardon

Probation disposition under which the defendant, after conviction and sentence is released subject to

conditions imposed by the court and to the supervision of a probation officer

Probation is a mere privilege, not a right. REMEMBER: if you file an appeal, you lose probation. If you file for probation, you cannot appeal.

o Appeal and probation are mutually exclusive.

Except under RA 9344, which allows probation even if you appeal.

If you apply for probation, judgment is suspended, the accessory penalty included.o But the civil liability is NOT suspended.

Even when the probation is granted, a writ of execution for the civil liability can still

be enforced. Civil liability is not extinguished by a grant of probation.

Following are disqualified from applying for probation:o Sentenced to a max term of more than 6 years imprisonment

o Convicted of subversion or any crime against national security or the public ordero Previously convicted by final judgment of offense punished by imprisonment of not less than

1 month and 1 day and/or fine of not less than P200

o Once been on probation (you can do probation once)

o Convicted of drug pushing (DDA)o Convicted of terrorism (Anti-Terrorism Act)o Already serving sentence upon the effectivity of the law

o Those who already perfected appeals

Multiple prison terms should not add up. Sum total not determinative of eligibility or disqualificationfor probation.


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TITLE IV: EXTINCTION OF CRIMINAL LIABILITY

Criminal Liability is extinguished by (Art. 89)

Death of the convict*

Service of the sentence Amnesty

Absolute Pardon

Prescription of crime Prescription of penalty

By marriage of the offended woman as provided in Art. 344

* Death of convict as to personal liabilities; pecuniary liabilities will be extinguished if death came before

final judgment

Criminal Liability is partially extinguished by (Art. 94)

Conditional pardon

Commutation of the sentence

Good conduct allowances

How to qualify for allowance for good conduct, ___ days deducted for each month of good behavior (Art.97)

1-2 years into imprisonment 20 days 3-5 years 23 days

6-10 years 25 days

11- +++ years 30 days

Anytime during period of imprisonment he/she will study/teach/give mentor service 15 days

Special time allowance for loyalty on occasion of calamity (Art. 98) If evaded service by leaving AND DOES NOT surrender within 48 hours of issuance of the President

of the end of calamity INCREASE 1/5 of time still remainingto be served in prison [but

should not be more than 6 mos.] (Art. 158) If evaded service by leaving AND surrenders within 48 hours of issuance of the President of the end

of calamity DECREASE 1/5 of period of his sentence If stayed in the penal institution despite calamity DECREASE 2/5 of period of sentence

*applies to those undergoing preventive imprisonment or serving sentence

Prescription of Penalties imposed by final sentence (Art. 92)

Rangeo Death and reclusion perpetua 20 years

o Other afflictive penalties (reclusion perpetua, reclusion temporal, prision mayor,perpetual/temporary absolute/special disqualification) 15 years

o Correctional penalties (prision correccional, suspension, destierro) 10 years Except arresto mayor 5 years

o Light penalties (arresto menor, public censure) 1 year

Notes:o

Must have been imposed by final judgmento Offender must be serving the sentence, must have escaped and committing the crime of

evasion of service/sentenceo The prescription runs form day of his escape (Art. 93)o If within the period he should give himself up, or be captured, or go to a foreign country, or

commit another crime period is interrupted and penalty will not prescribe anymore. (Art.

93)o Marriage of the offender with offender in crimes of Seduction, Abduction, Rape and Acts of

Lasciviousness (SARA), the criminal action will be extinguished or the penalty will beremitted (Art. 344).

o But the marriage must be in good faith.o Will apply to all authors of the crime ONLY if good faith.


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o But multiple rapes, the principle will not apply.

Prescription of crimes

Definition: forfeiture of loss of the States right to prosecute an offender or file criminalaction after the lapse of a certain period of time

Range: (Art. 90)

o Death, reclusion perpetua, reclusion temporal 20 yearso Crimes punshiable by other afflicitive penalties prision mayor,

perpetual/temporary absolute/special disqualification) 15 years

o

Punishable by correctional penalty (prision correccional, suspension, destierro) 10 years

Except arresto mayor 5 years

o Crime of libel and other similar offenses 1 year

o Oral defamation and slander by deed 6 monthso Light offenses 2 months (as in calendar month)o Compound penalties highest penalty shall be made basis for the ones covered by

20, 15, and 10 years

Period will commence from day of discovery of the crime by the offended party, the authorities oragents (Art. 91)

Period will be interrupted by filing of the complaint/information and shall commence to run again

when proceedings terminate without the accused being convicted or acquitted or are unjustifiablystopped for any reason not imputable to him (Art. 91)

More prescription periodso Criminal cases covered by Rule on Summary Procedure will be covered by Rules of Court

60 dayso Prescription of Falsification of public documents begins from registration of the falsified

document in the register of deeds since its considered as official notice to the whole worldo Bigamy commences to prescribe from discovery by the offended party or authorities, not

when bigamous marriage is registered to the LCR

Amnesty sovereign act of oblivion for past acts, granted by the Government to a certain class

of persons, charged or guilty of crime, usually political offenses and often conditioned upon

their return to obedience and duty within a prescribed time

Pardon an act of grace, which exempts an individual on whom it is bestowed from thepunishment the law inflicts for the crime he has committed

*Pardon should come from the President, and not the offended party for the pardon to extinguish criminalliability. Pardon from the latter will only extinguish civil liability. CASARA pardons will extinguish the civil

liability ONLY if given BEFORE the institution of criminal action.

Pardon Amnesty

Granted by the Chief Executive, a private act

which must be pleaded and proved by the personpardoned, because the courts take no notice

thereof

Amnesty by Proclamation of the Chief Executive

with the concurrence of Congress, and it is apublic act of which the courts should take judicial

notice

Granted to one after conviction Granted to classes of persons or communities

who may be guilty of political offenses, generallybefore or after the institution of the criminal

prosecution and sometimes after conviction

Looks forward and relieves the offender from the

consequences of an offense of which he has been

convicted, that is, it abolished or forgives thepunishment, and for that reason it does ""nor

work the restoration of the rights to hold publicoffice, or the right of suffrage, unless such rights

be expressly restored by the terms of the pardon,"and it "in no case exempts the culprit from the

payment of the civil indemnity imposed upon himby the sentence" article 36, Revised Penal Code)

Looks backward and abolishes and puts into

oblivion the offense itself, it so overlooks and

obliterates the offense with which he is chargedthat the person released by amnesty stands

before the law precisely as though he hadcommitted no offense

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