Beruflich Dokumente
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PASSION - Four days after the victims attempted on the virtue of his
wife, accused killed them. The period of four days was sufficient enough a time
within which accused could have regained his composure and self-control.
Hence, passion should not be appreciated (People vs. Rebucan, G.R. No.
182551, July 27, 2011).
ALTERNATIVE CIRCUMSTANCE
Alternative circumstances are those which must be taken into consideration as
aggravating or mitigating according to the nature and effects of the crime and other
conditions attending its commission. Based on a strict interpretation, alternative
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REPETITION
Differences
delinquency:
of
recidivism,
quasi-recidivism,
reiteracion
and
habitual
(a) Nature of crime In recidivism, the first crime, and the aggravated second
crime are embraced in the same Title of the Revised Penal Code; In quasi-recidivism,
the nature of the first crime and aggravated second crime is not material. In
reiteration, the penalty for the first crime is equal or greater than that for the
aggravated second crime or the penalty for the first two crimes is lighter than that for
the aggravated third crime. In habitual delinquency, the first, second and third crimes
must be a habitual-delinquency crime, and that is, serious or less serious physical
injuries, theft, robbery, estafa or falsification of document.
(b) Time element In recidivism, the accused was convicted of the first crime by
final judgment at the time of trial of the second crime. In quasi-recidivism, the accused
has been convicted by final judgment of the first offense but before beginning to serve
his sentence or while servicing of his sentence, he committed the second crime. In
reiteration, the accused was convicted of the first crime (or first two crimes) and
served his sentences at the time he was convicted of the second crime (or third crime).
In habitual delinquency, the accused was convicted of first habitual-delinquency
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BLACKMAIL
Blackmailing may constitute: (1) Light threats under Article 283; (2)
Threatening to publish, or offering to prevent the publication of, a libel for
compensation under Article 356; and (3) robbery with intimidation against person.
Example: X, DENR officer, threatened to confiscate the hot logs from complainant and
prosecute it for illegal logging unless the latter will give her P100,000. Complainant
gave X the amount demanded. The crime committed is robbery with intimidation
(extortion). In robbery with intimidation of persons, the intimidation consists in
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