Slander, libel, false testimonies impossible crimes, corruption of p

Selling of prohibited drugs, cases of omission are classic examples of Culpable crimes;
Where there is No frustrated, no, attempted stage
When it is consummated?
When all elements of necessary for its execution and accomplishments are present
Example:
When frustrated
When all the acts of execution?
When offender performs all the acts of execution which would produce a felony as a consequence but
which nevertheless, do not produce it by reason of the causes independent of the will of the
perpetrator.
Example
J stabbed P but didnt die since was brought to hospital and was given necessary medication.
When is attempted?
Offender commences the commission of felony directly by overt acts and does not perform all the acts
of execution by reason of some cause or accident other than his own spontaneous desistance
Overt acts; if just in the mind- no felony
What is the importance of other than his own spontaneous desistance?
Ex: Jose wants to get the wallet Juan found in his pants but before he can get it; police came in to arrest
him.
Example of Accident:
A was about to get the wallet
Juan is married wants to kill wife because his body is
One day he poisoned his wife; wife drinks the wine; since he was a doctor; was able to revive.
Did he commit frustrated parricide?
For causes or accident other than his own spontaneous of perpetrator
The crime cannot be considered attempted parricide, because the doctor already performed all the acts
of execution. At most, the crime committed would be physical injuries, as poison thus administered,
being an injurious substance, could cause the same. The intent to kill which the doctor entertained in
the beginning disappeared when he prevented the poison from producing the death of his wife.
The intent to kill was stained away when he tried to revive his wife.
Cause or accidence other than his own spontaneous desistance.
It should be considered as reward. Thus, there is no crime committed. It is an example of absolutory
cause. Hence, can be considered exempting circumstance and no
Consummated, frustrated, attempted concerns crimes against person and property.
Next:
Dolina:
Crimes against person
What is the rule to say that
Juan stab Pedro; Pedro did not die because brought in hospital; there is treachery
Frustrated or Attempted Murder? It depends on the injury.
If the injury in mortal or severe; frustrated
If injury is not mortal or severe; it is attempted
If crimes against person
Depends on the severity of wounds
In thief; It is frustrated
People vs Valenzuela Case
SC there is no more frustrated thief only consummated and attempted the moment he gains possession
even though momentary

US vs Dino and People vs Espirito ( Superseded by Valezuela)
In Arson,
It is not necessary that the property is totally on fire.
The crime of arson is therefore, consummated even if only portion of the wall or any other part of the
house is burned
If there was blaze, but no part of the house is burned, the crime arson is fruatrated
In Rape,
Is there a frustrated Rape
Only attempted and consummated
Slight penetration of mijura ; it is already consummated
Classification of felony according to gravity - Article 9
Article 9
Classification :grave , less grave slight
What is grave felony- are those which the law attaches capital punishments or penalties which in any of
their period is afflictive with Article of this Code
There is less grave Felonies are those which the law punishes with penalties which in their maximum
period are correctional
Light felonies are those infractions of law for the commission of which penalty with aresto menor or a
fine not exceeding 200 pesos or both is provided
How about if P201 is fine
It is less grave felony.
Please refer Article 25
Why start article 9 since it is in connection with Article 7
Crimes against person and property.
If crime committed of light felony can only punished if consummated unless against person and property
Crimes against Person
Parricide, murder, homicide infanticide and abortion
Duel Physical injuries Rape
Another Student:
Article 8 Conspiracy and Proposal to commit felony
Conspiracy exist when two or more persons come to an agreement concerning the commission of a
felony and decide to commit it.
Is conspiracy and proposal to commit felony are felony?
General Rule: They are not. They are manner of incurring criminal liability
Act of one is the act of all
Except: When the code expressly provide
They are punishable only in cases in which the law specially provides a penalty

Example
Proposal
Rebellion
Coup d etat
Sedation
Treason

Note: No matter how small is the participation
A,B,C rapred D but only C only raped D; a
If any of the period afflictive

Article 10
Mala prohibita governs Special Laws but can be apply in suppletory character
Plea of guilty? Mitigating circumstance
In mala prohibita
Very Important
Circumstance affecting the criminal liability
JEMAA
Rule: provisions of code can be applied to mala prohibita in suppletory will only apply if the special law
uses a penalty which are prescribed in RPC.
Note: Circumstance affecting the criminal liability
JEMAA
Article 11 Justifying Circumstance are those where the act of a person is said to be in accordance with
law, so that such
Effect in Justifying Circumstance
No criminal and Civil Liability except par.4
Par.4 any person who in order to avoid an evil or injury, does an act which causes damage to another;
provided that the following are present:
First. That the evil sought to be avoided actually exist
2
nd
: That the injury feared be greater than that done to avoid it.
3
rd
: That there be no other practical and less harmful means of preventing
Reason why Justifying circumstances there is no criminal and civil liability
Because the act is in accordance with the law. If it is in accordance with law, the effect will not incur
criminal and civil liability except par.4
1
st
three of justifying circumstances
Self Defense; the burden of the proof lies on the defense.
Inverted trial; effect if one uses self defense.
Who has the burden of proof? The accused by clear and convincing manner;
Does not rely on the weakness of the prosecution
Self-defense includes right to property, honor, life,
Ex: Woman was about to rape and took stone and kill rapist;
Juan stole watch. Pedro saw Juna , juan ran Pedro keep on reminding him by shoots by stll continue ; he
shoot Juan and died.
Is Pedro Correct?
In case of Pedro vs Apolinar, it was held that defense of property is not of such importance as the right
of life, and defense of property can be invoked as justifying only when coupled with an attack on the
person of one entrusted with said property.
Alternative:
For defense of property,Owner must also be attacked. Hence, Juan cannot claim self-defense
But can he use other justifying circumstance? Yes
Par.5 Article 11
Art429 NCC Lawful exercise of right
Doctrine of self-help
Elements of Self-Defense:
1. Unlawful Aggression
2. Reasonable necessity of the means employed to prevent or repel it
3. Lack of sufficient provocation on the part of person defensing himself
Defense of relative:
1
st
and 2
nd
and in case of provocation was given by the person attacked, that the one making defense
had no part therein.
Defense of Stranger:
1
st
and 2
nd
requisites and the person defending be not induced by revenge, resentment or other evil
motive.
Which of the three requisites is the most important?
Unlawful Aggression
What is the effect if only two requisites are present?
Can it be considered as privilege mitigating circumstance which will lower the penalty by at least one
degree
Another Student:
When is there unlawful aggression?
Suggested: Unlawful aggression is equivalent to assault or at least threatened assault of an immediate
and imminent kind. There is unlawful aggression when the peril to ones life, limb or right is either
imminent or actual. There must be actual physical force or actual use of weapon.
When one is attacked, assaulted threatened in an actual or imminent manner
Example:
I slapped u. Does it constitute unlawful aggression?
Yes. Since the face represents a person and his dignity, slapping it is serious personal attack. It is physical
assault coupled with willful disregard, nay, a defiance, of an individuals personality. It may, therefore,
be frequently regarded as placing in real danger persons dignity, rights and safety. (People vs. Sabio)
It concerns the dignity
Note: WE are talking unlawful aggression
Juan hit Pedro. He was hit slightly in his right arm. Juan Stab Juan. Pedro
Juan ran. Pedro chase him and since Pedo rans faster he was able to overtake Juan.
Stab Juan which caused his death.



What principle used?
When accused flees; aggression no longer exist except when the purpose of fleeing is to make more
advantageous position.
Can there be instance when Pedro can claim self-defense? As exception to the rule.
For the purpose of feeing is to make more advantageous position. If it is clear that the purpose of
aggressor is to take more advantageous position to insure the success of the attack already begun by
him, the unlawful aggression is still considered continuing, and the one making a defense has a right to
pursue him in retreat and to disable him.
If situation happens first, how would you call?
Retaliation- the aggression that was begun by the injured party already ceased to exist when the
accused attacked him. Thus, incurs criminal liability
While self-defense, the aggression was still existing when the aggressor was injured or disabled by the
person making a defense.
When there is agreement to fight, can one claim unlawful aggression?
It depends. Where the fight is agreed upon, each of the protagonist is at once assailant and assaulted,
and neither can invoke the right of self-defense, because aggression which is incident in the fight is
bound to arise from one another of the combatants. (People vs Quinto)
Where there was a mutual agreement to fight, an unlawful aggression ahead of the stipulated time and
the place would be unlawful. The acceptance of the challenge did not place on the offended party the
burden of preparing to meet the assault at any time even before reaching the appointed time and place
for the agreed encounter, and any such aggression was patently illegal (Severino Justo vs. CA)
Next Common Element:
Reasonable necessity employed to prevent or repel it
J stab P with bolo. In defending, J used automatic machine gun.
Is his means reasonable?
There is no hard and fixed rule. It is based on case to case basis.
Reasonable necessity of the means employed does not imply material commensurability between the
means of attack and defense. What the law requires is rational equivalence, in the consideration of
which will enter as principal factors the emergency, the imminent danger to which the person attack is
exposed, and the instinct, more than reason, that moves or impels the defense, and the
proportionateness thereof does not depend upon the harm done, but rests upon the imminent danger
of such inquiry. (People vs. Encomienda)

Another Student:
Par.3 Lack of sufficient provocation on the part of person defending himself or no provocation at all.
When is there sufficiency of provocation?
The provocation must be sufficient, which means that it should be proportionate to the act of
aggression and adequate to stir the aggressor to its commission (People vs Alconga)
For provocation to be sufficient, is it required to use violence?
It is not necessary that one is using violence
Insulted a person in presence of many, then he stab you, you provoke him.
Page 196
It is not necessary that violence must also by person defending himself, as long as his attack is adequate
to stir, excite the accused to commit the act complained of and proportionate the impression
In defense of Relatives
Who are person included as relatives?
Spouse, ascendants and descendants, children, grandchildren,
Affinity marriage
Consanguinity- by blood
Til first cousin only
Even if provocation is given by person attacked depending
When the relatives is the original aggressor but you see him , in delicate situation but you have no idea
that he is the original aggressor.
As long as there is no participation in the first place.
Honest belief of person; the relative should be given help; then he can still claim defense of relatives.

Par 3. Defense of stranger
Anyone who acts in defense of the person or rights of a stranger, provided that the first and second
requisites mentioned in the first circumstance in this article are present and that the person defending
himself be not induced by revenge, resentment, or other evil motive

Concept of Battered Woman Syndrome
Battered woman is repeatedly subjected to any forceful physical or psychological behavior by a man in
order to coerce her to do something he wants her to do without concern for her rights.
Note: woman should suffer two cycles of violence
1) The tension building phase
2) The acute battering accident
3) The tranquil, loving ( or at least nonviolent) phase
R.A.9262 violence against women

R. A. 9344 law on delinquent children
Another Student:
Par. 4 No criminal liability only civil liability
Includes to injury to person and damage property

Example:
A driving in Downtown 180km speed you caught in situation turn left hit bystanders and swerve to the
right hit a building.
Can you claim justifying circumstance in par.4?
No. Since the third requisite is absent
Damaged to Property.
There is a fire in a certain house and the only way to stop spreading the fire is to destroy the next house.
Who will pay for the damaged house?
The one who benefited in proportion of their interest

Exempting circumstance
Lawful cause
Par.7 any person who fails to perform an act required by law, when prevented by some lawful or
insuperable
General Rule: mere silence is does not make one criminal a crime
Exception:
Misprision of treason- if you learn someone wants to start treason; obligation to inform governor, city
prosecutor, etc.
Example:
If a priest does not disclose and made known the same to the proper authority, he is exempt from
criminal liability, because under the law, the priest cannot be compelled to reveal any information which
he came to know by reason of the confession made to him in his professional capacity
There is seal of confession or penitent privilege communication
Author does not define insuperable cause
Instead author gave three cases
There is no criminal liability
Important! For Exam
Insuperable Cause- any cause one which is beyond ones control .It can be synonymous to fortuitous
event


Absolutory Causes
- Are those where the committed is a crime for reasons of public policy and sentiment there is no
penalty imposed
There is crime but no criminal liability
7 enumerations of absolutory cause
Article 6
Important!
The spontaneous desistance of the person who commenced the commission of felony before he could
perform all the acts of execution.
Article 20- accessories who are exempt from criminal liability. The penalties prescribed for accessories
shall not be imposed upon those who are such with respect to their spouses, ascendants, descendants,
legitimate, natural, and adopted brothers and sisters, or relatives by affinity within the same degree,
with exception of accessories falling within the provision of par.1 of the next preceding article
Par.1 of Article 9 follows:
By profiting themselves or assisting the offenders to profit by the effects of crime
Article 124, last par. The commission of crime, or violent insanity or any other ailment requiring the
compulsory confinement of the patient in a hospital, shall be considered legal grounds for the detention
of the person.
Article 247, par 1 and 2 Death or physical injuries inflicted under exceptional circumstance
Any legally married person who, having surprised his spouse in the act of committing sexual intercourse
with another person, shall kill any of them or both of them in the act immediately thereafter, or shall
inflict upon them any serious physical injury, shall suffer penalty of destierro
If he shall inflict upon them physical injuries of any other kind, he is exempt from punishement.
Article 280 par.3 Tresspass on dwelling shall not be applicable to any person who shall enter anothers
dwelling for the purpose of preventing some serious harm to himself, the occupants of the dwelling or a
third person, nor shall it be applicable to any person who shall enter a dwelling for the purpose of
rendering some service to humanity or justice, not to anyone who shall enter cafes, taverns, inns and
other public house while the same are open
Art.332
Art. 344
Instigation and Entrapment
Instigation as distinguished from entrapment
Which is valid?
Entrapment is valid
If PDEA instigated a person ; at the end of the day he will be acquitted
Therefore if entrapment is legal and entrapment is illegal where lies the difference
Important!!

The idea to commit the crime originates from public officer, police or detective. Practically inducing a
would-be accused to commit a crime in the process making himself co-principal.
In entrapment, which is legal and valid, idea originates from accused. What police officer look for is ways
and means are resorted to for the purpose of trapping and capturing the lawbreaker in the execution of
his criminal plan
That winds up article 12
Article 13
What is the reason why it is reduced?
It is based on the diminution of either freedom of action, intelligence, or intent, or on lesser perversity
of the offender.
Two kinds of mitigating circumstance
Ordinary and Privilege
Effect:
Ordinary The penalty is reduced to minimum period of the proper imposable provided there is no
aggravating. Can be offset by the presence aggravating

Privilege- it would reduce the penalty at least one degree and cannot be offset by any aggravating
circumstance.
Does it aggravating circumstance
Privilege Aggravating

10 Circumstance
8 ordinary and 2 privilege
Paragraph 1 and 2 and presence of two of three ordinary are offense. Provided there is no aggravating
circumstance.

Par 1 privilege Mitigating Circumstance
It has reference to incomplete self-defense
Article 11 and 12 if not all elements are present
If the act is not fully excusable
It has reference to article 11 and 12
If there is unlawful aggression and presence and of another elements
Art 12 par.4 causing injury by mere accident
If there are 4 elements, only 3 are present
Important!
Is it privilege?
It depends

First determine if what is absent
1 Act is not wholly excusable
2 Minor over 15 under 18 acted with discernment but subject to diversion
3
rd
privilege: if there are two or more aggravating circumstances present but no aggravating
circumstance.
Reduced penalty by one degree
Another Student:
Ordinary Circumstance
Par.3 That the offender had no intention to commit so grave a wrong as that committed
To what crimes are applicable?
Crimes involved:
Physical injury
Homicide /material arm crimes against person.
Dont apply to cases where it is immaterial
Ex: J stab P. P suffered 45 wounds. I have 1 mitigating circumstance.
Proper or improper?
What are cases in determining whether there is lack of intent?
Factors:
Weapons used , manner inflicted , where is it hit
Par. 4 That sufficient provocation or threat on the part of the offended party immediately preceded the
act.
There are three elements:
1. That provocation must be sufficient
2. That it must originate from the offended party
3. That the provocation must be immediate to act

When is provocation sufficient?

When it is adequate to excite a person who commit the wrong and must accordingly proportionate to its
gravity.
Ex:
A slap B. B boxed A. A fell down and hit pavement.

It is sufficient provocation but unlawful aggression.
Claim self-defense

J insulted P in presence of many person. P boxed J. Is there sufficient provocation?
Yes.
What is therefore sufficient provocation?
When it is adequate to excite a person who commit the wrong and must accordingly proportionate to its
gravity.

It should come from offender and must be immediate to the act
What is immediate to act means?
Immediate means no lapse of time or no interval of time.













July 29, 2014

No par. 4

Topic: Mitigating Circumstance par. 5

That the act was committed in the immediate vindication of a grave offense to the one committing the
felony, hos spouse, ascendants, descendants, legitimate, natural or adopted brothers or sisters, or
relatives by affinity within the same degree.

It requires elements:
1) That there be a grave offense done
2) A lapse of time is allowed between the vindication and the doing of the grave offense
How to determine is the offense is grave?
Should it be according to the grave? Less grave light offense? Is it the same concept?
This is not understood to mean grave offense


How to determine if offense is grave?
Is it the same concept with or another concept? In immediate vindication of a grave offense
No.
Ex: Social standing, time and place factors that act in immediate vindication
The question whether certain personal offense is grave must be decided by the court, having in mind
the social standing of the person, the place, and the time when the insult was made.

Provocation does not allow lapse of time.
Immediate Vindication- allows lapse of time because word immediate

Difference between Provocation and Vindication
In provocation, it is necessary that the provocation or threat immediately preceded the act , that there is
no interval of time between the provocation and the commission of the crime.
In Vindication, the vindication of grave offense may be proximate, which admits of an interval of time
between the grave offense done by the offended party and the commission of crime by the accused.

If there is lapse of time? How is it computed?

There is no hard and fix rule.
Law allows lapse of time. As long as accused was able to recover his control.
There is no hard fix rule as long as the time of commission of offense does not recover/regain his reason
and self-control.


Why is it allowed lapse of time? reason
This greater leniency in the case of vindication is due undoubtedly to the fact that it concerns the honor
of person, an offense which is more worthy of consideration than mere spite against the one giving the
provocation or threat.

How many mitigating circumstance will considered. could it be one or two or more?
Comment of Reyes:

Par.6 that of having acted upon impulse so powerful as naturally to have produced passion or
obfuscation.
Requisites:
1) The accused acted upon an impulse
2) The impulse must be powerful that it naturally produced passion or obfuscation in him

Provocation does not allow

Vindication allows lapse of time as long as He has not gain his reason and self-control
Midterm Question- Important!
In Passion and obfuscation, does law allows lapse of time?
Yes. The said act which produced the obfuscation was not far removed from commission of crime by
considerable length of time, during which the perpetrator might recover his normal equanimity. (People
vs Alanguilang)
Suggested:
Was not able to recover yet his normal equanimity

When applying Passion or obfuscation, settled is the rule that it must arise must lawful sentiments

It should not arise from lawlessness.

What is lawlessness?
Case: People vs Sanico
The accused who raped a woman is not entitled to the mitigating circumstance of having acted upon an
impulse so powerful as naturally to have produced passion just because he finds himself in secluded
place with that young ravishing woman, almost naked, and therefore, liable to succumb to the
uncontrollable passion of his bestial instinct.

How to interpret?
Act which is not acceptable to the society because it is contrary to the norms of society.

Accused acted under the impulse of special feelings
Can it be considered acted under passion and obfuscation?
Is it covered by passion or obfuscation?
There are two cases SC did not give rise to passion


Can the reason which give rise give rise to passion or obfuscation exist in the honest belief of offender?
To give letter to the superior in the hope that letter will receive it.
It can be appreciated on the honest belief of the offender.

In relation to 4,5,6
Accused was able to prove three mitigating circumstances, all proven by accused
Provocation ,immediate provocation , acted in passion or obfuscation?
How many mitigating should be appreciated?
Only two.
Provocation exist independently. Passion cannot exist independently of vindication.
Exception: to make it three

Note: Settled is the rule that Passion and vindication are compatible to each other. It cannot exist
independently of vindication. Therefore exist as one.

Is there a situation where there are three

Important! Midterm question!
If there are other facts, although closely connected with the fact upon which one circumstance is
premised, and other circumstance may be appreciated as based on the other facts (People vs Diokno)
Treat them separately
Elopement is separate
Running- passion or obfuscation
Vindication cannot exist passion or obfuscation
Midterm question
Par.7 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 to the presentation of evidence for the
prosecution.
Two mitigating circumstances are provided in this par.
1) Voluntary surrender to a person in authority or his agents
2) Voluntary confession of guilt before the court prior to the presentation of evidence for
prosecution

Reqisites:
a) Accused has not been actually arrested
b) That offender surrendered himself to a person in authority
c) Surrender must be voluntary

Important! Midterm!
When do we consider surrender is valid?
When it is spontaneous in such a manner that It shows the interest of the accused to surrender
unconditionally to authorities either he acknowledges his guilt or because he wishes them to save time
and trouble and expenses necessarily incurred in his search and capture.

Example:
When judge accepts case, Judge determine existence of probable for issuance of issuance of arrest.
Would surrender of accused considered mitigating if he surrendered after court issued warrant of
arrest?

If the warrant is not yet served or even there was attempt to serve the warrant but cannot the voluntary
surrender can still be appreciated as mitigating circumstance.
Who is person in authority?
Article 152 RPC
Is one directly vested with jurisdiction, that is, public officer who has the power to govern and execute
the laws whether as an individual or as member of some court or governmental corporation, board or
commission. A barrio captain and brgy. Chairman are also person in authority.

Who is person agent of authority?
Art. 152 RPC,
Is a person, who, by direct provision of the law, or by direct election or appointment by competent
authority, is charged with maintenance of public order and the protection of security of life, property
and any person who comes to the aid of persons in authority.
Example: Police Officers
Example:
Teachers while in performance in their authority
Police officers agents of person
Agents of authority
For as long as there duty to implement peace and order, protection of life and property including private
person who comes to rescue/ help

Plea of Guilty
1) That the offender spontaneously confessed his guilt
2) That the confession of guilt was made in a competent court
3) Confession was made before the presentation of evidence for prosecution.

That should be made

During arraignment, pleaded not guilty
But during pre-trial changes to plea to guilty
Would it be appreciated as mitigating circumstance?

Yes.
As long as prosecution presents it first witness; can no longer plea for guilty
In reality:
It is allowed in some cases:
Charged with murder but plea for guilty in the process. Is it possible?
Yes. As long as the evidence didnt prove the aggravating circumstance.

In agreement, or even pre-trial. Allowing the accused to plea of guilty to homicide from murder.
As long as the prosecution consented including the private offended


But rule requires the consent of prosecutor and private offended.


Important! Midterm Exam!
Charged with murder and enter plea of guilty for homicide. Prosecutor and private offended consented
If you are judge, will you consider it? Support answer and Cite pertinent provision of law (7 points)

Answer: NO. Cannot be. Plea of guilty must be to the offense charge not on the lesser offense
Thus, cannot appreciated.
For plea of guilty to be appreciated, it should to the offense charged.

Can you make it mitigating?
Rule is NO.
Except: prosecution tell the prosecution to amend the information; to conform to the plea of guilty.
Not happening in actual trial but can also be allowed.


Jurisprudence, if in case accused plea of guilty to offense by Perpetua, life imprisonment, death penalty.
It is not automatic that court will decide the case. The prosecution should still present their evidence.

Par.8 That the offender is deaf and dumb, blind or otherwise suffering from physical defect which thus
restricts his means of action, defense, or communication with fellow being.

Why Deaf and Dumb grouped together?
It should show that there is diminution of his intelligence to be appreciated as mitigating circumstance

Next Student:

Crippled/ person with disabilities (POW)












Aggravating circumstance
Par.6 That the crime be committed in the nighttime and in an uninhabited place, or by a band, whenever
such circumstances may facilitate the commission of offense.

3 situations:
Nighttime
Uninhabited place
Band


People vs Santos
Par. 3

Define Nighttime?
Nighttime should be understood, according to Viada, the period of darkness beginning at the end of the
dusk and ending at dawn.

Uninhabited Place is one where there are no houses at all, a place at a considerable distance from
town, or where the houses are scattered at a great distance from each other.

Whether or not in the place of the commission of the offense there was a reasonable possibility of the
victim receiving some help.

Band- whenever more than three malefactors shall have acted together in the commission of offense, it
shall be deemed to have been committed by a band.

The word arm how is it interpreted?

Is it required to be aggravating, crime commenced on daytime and ends at nighttime?
J 5pm saw P. He chased P from Devoref to Palo, He was able to overtake P and killed him.

Nighttime should be considered aggravating when it is especially sought by the offender, or taken
advantage by him to facilitate the commission of crime or to insure his immunity from capture

Can it be considered as aggravating circumstance? No light, no full moon,
Instance started daytime yet considered as aggravating?
When the crime was the result of of succession of acts without the moments interruption.
When the crime was the result of a succession of acts which took place within
If there is interruption; aggravating circumstance

Crimes that are inherent?
Form part of the element of crime

Crime of brigandage
Crime by band

Par. 7 That the crime be committed on the occasion of a conflagration, shipwreck, earthquake, epidemic
or other calamity or misfortune

Other calamity and misfortune refers to other conditions of distress similar to those preceding
enumerated


There is no calamity when there is engine trouble at the sea

Examples of other calamities
There is fire
Typhoon
Thunderstorm

How to interpret other calamity?
In other words, fortuitous event considered as act of God

Another Student:

Par. 8 That crime be committed with the aid of (1) armed men, or (2) person who insure or afford
impunity
Requisites:
1) That the armed men or persons took part in the commission of the crime, directly or indirectly
2) That the accused availed himself of their aid or relied upon them when the crime was
committed.
Par.9 accused is Recidivist
A recidivist is one who, at the time of his trial for one crime, shall have been previously convicted by
final judgment of another crime embraced in the same titled in RPC

Forms of repetition are:
1) Recidivist
2) Reiteracion
3) Multi-Recidivist or habitual delinquency
4) Quasi-recidivist
Fist two are generic circumstance, while the third is an extraordinary. The fourth is special aggravating
circumstance.


A was convicted murder. He is now sued crime of Staffa?
Is he a recidivist?
NO crime must be embraced in the same Title

In reiteracion, necessary that the offender shall have served out his sentence for the first offense

In determining reiteracion, its not penalty
A sued for murder. But convicted Homicide
For the purpose of determining reiteracion

Quasi recidivist
- A person
1
st
situation
J convicted illegal possession of firearm while servicing sentence killed B and was sued for murder.
Is he a quasi-recidivist?
2
nd
situation
Convicted of murder while serving sentence he was caught illegal passion of firearms
Which one quasi recidivist?
Illegal possession and murder

Another Student:

Par. 11 That the crime be committed in consideration of a price, reward or promise.
Basis: greater perversity the offender, as shown in the motivating power itself.
When is it aggravating

Rule: It must be reason why accused committed the crime

Note! Important! Midterm question!
Par. 3,6,12

J killed P through fire. What crime did he commit?
Fire used to commit crime

Complex crime of murder with arson.
No complex crime of arson with homicide
If intent is only to burn the house but somebody dies it is arson but penalty is Perpetua with no eligibility
for parole

J throw grenade to the house M and M dies as consequence. What crime did J commit?
Murder or crime involving destruction?
Means to destroy but somebody dies
No complex crime of destruction and homicide

J destroyed and obstructs to means of communication and somebody dies as consequence
What crime j commit?
Art. 330
Damage to communication but somebody dies

Par.13 That the act be committed with evident premeditation..
Note!
Support your answer!

What is evident premeditation in one sentence?
Deliberate planning before the accused committed the crime with evident premeditation.
Example 7 points

Important! Midterm Question!
For the evident premeditation to be appreciated; three elements must be proved.
1) The time when the offender determined to commit the crime
2) Act manifestly indicating that the culprit has clung to his determination
3) A sufficient lapse of time between the determination and execution, to allow him to reflect
upon the consequences of his act

J 3pm aug.4 2013 decided M. 4pm of same day, he indeed kill. Is it attended by presence of aggravating
circumstance?
Midterm Question!! Study !
Is 30 minutes- 40 minutes 1 hour .sufficient?

It depends.
The offender must have an opportunity to coolly and serenely think and deliberate on the meaning and
the consequences of what he planned to do, an interval long enough for his consequence and better
judgment to overcome his evil desire and scheme.

The essence of premeditation is that the execution of the criminal act must be preceded by cool thought
and reflection upon the resolution to carry out the criminal intent during the space of time sufficient to
arrive at calm judgment.

J premeditated to kill M but killed P when come to rescue
Can it be considered as aggravating circumstance? People vs Gelien
Exception:
When there are person who might come to rescue and killed them, it will be considered as aggravating.

A,B, C robbed house of Sofia. Caught and apprehended. Robbery
Court appreciated evident premeditation. Is the correct.
Robbery is inherent in robbery

In process of committing robbery; they also killed Sofia. Can it be appreciated?
Yes if crime of robbery and homicide; it can appreciated as aggravating circumstance.


Midterm Question! Study
Two qualifying aggravating circumstance which attended the commission
Treachery and evident meditation. Is the court correct? Support your answer by citing pertinent
provision.

The court is not correct. There is only one aggravating circumstance of treachery and evident
premeditation.

It is if there is treachery, other factors are absorbed.

A sued for death of B. A raised two mitigating circumstances, plea of guilty and spontaneous surrender
Is the court correct?
Support your

Principle = elements.
It depends.
If the court was able to prove the elements of plea of guilty and elements of surrender, then the court is
correct.
Important! Midterm Question!
Mitigating; determine if one co-exist with the other
Passion co exist with vindication except People vs. Diokno
But can co-exist with provocation

15 under absolute exempted
Over 15 below 18 acted with discernment = criminal liability
Acted without discernment= subjected to diversion proceeding
A,B,C,D killed E
What are criminal liability of A,B,C,D,E?

Mala prohibita in terms of application to Mala in se

Mala in se- lack of intent
Except:
Illegal possession of firearms
Child abuse
Sexual harassment
Omnibus Election Code
Mala prohibita but in terms of application mala in se . Therefore, you allowed to use good faith or lack
intent.
Distinguish Intent and Motive?
Circumstances that affect criminal liability?