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BOOK ONE
CRIMINAL LAW
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INTRODUCTION
CRIMINAL LAW ...................................................................................................................................................................................................................19
CRIMINAL LAW V. CRIMINAL PROCEDURE ....................................................................................................................................................................19
STATE AUTHORITY TO PUNISH CRIME ............................................................................................................................................................................19
CONSTITUTIONAL LIMITATIONS ON THE POWER OF CONGRESS TO ENACT PENAL LAWS....................................................................................19
DUE PROCESS ..................................................................................................................................................................................................................20
NON-IMPOSITION OF CRUEL AND UNUSUAL PUNISHMENT OR EXCESSIVE FINES ................................................................................................20
ACT PROHIBITING THE IMPOSITION OF DEATH PENALTY IN THE PHILIPPINES (RA 9346) ...................................................................................... 20
BILL OF ATTAINDER ...........................................................................................................................................................................................................20
EX POST FACTO LAW .......................................................................................................................................................................................................20
AMERICAN RULE / ANGLO-SAXON RULE ........................................................................................................................................................................21
RELATION OF RPC TO SPECIAL LAWS: SUPPLETORY APPLICATION OF RPC ........................................................................................................... 21
CONSTRUCTION OF PENAL LAWS................................................................................................................................................................................... 21
SOURCES OF CRIMINAL LAW ...........................................................................................................................................................................................22
LEGAL MAXIMS...................................................................................................................................................................................................................22
NULLUM CRIMEN, NULLA POENA SINE LEGE ................................................................................................................................................................ 22
ACTUS NON FACIT REUM, NISI MENS SIT REA .............................................................................................................................................................. 22
MENS REA ...........................................................................................................................................................................................................................22
MALA IN SE AND MALA PROHIBITA ................................................................................................................................................................................. 23
EQUIPOISE RULE ..............................................................................................................................................................................................................24
Preliminary Title
SCHOOL OF THOUGHT...................................................................................................................................................................................................... 27
SCOPE OF APPLICATION AND CHARACTERISTICS OF PHILIPPINE CRIMINAL LAW ................................................................................................29
GENERALITY ...................................................................................................................................................................................................................... 29
TREATY STIPULATIONS..................................................................................................................................................................................................... 30
LAWS OF PREFERENTIAL APPLICATION .........................................................................................................................................................................30
PRINCIPLES OF PUBLIC INTERNATIONAL LAW .............................................................................................................................................................. 31
TERRITORIALITY ...............................................................................................................................................................................................................31
PAR. 1: CRIMES COMMITTED ABOARD PHILIPPINE SHIP OR AIRSHIP........................................................................................................................32
INTERNATIONAL THEORIES ON AERIAL JURISDICTION ............................................................................................................................................... 32
PAR. 2: FORGING/COUNTERFEITING AND COINS OR CURRENCY NOTES IN THE PHILIPPINES .............................................................................33
PAR. 3: SHOULD INTRODUCE INTO THE COUNTRY THE ABOVE- MENTIONED OBLIGATIONS AND SECURITIES. ...............................................33
PAR. 4: WHEN PUBLIC OFFICERS OR EMPLOYEES COMMIT AN OFFENSE IN THE EXERCISE OF THEIR FUNCTIONS. ......................................33
PAR. 5: COMMIT ANY OF THE CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS ...................................................................... 34
CHAPTER ONE
ELEMENTS OF FELONIE.................................................................................................................................................................................................... 36
REASON FOR PUNISHING ACTS OF NEGLIGENCE OR IMPRUDENCE .......................................................................................................................36
WHAT IS ACT .................................................................................................................................................................................................................... 37
EXAMPLE OF FELONY BY PERFORMING AN ACT. ........................................................................................................................................................37
ONLY EXTERNAL ACT IS PUNISHED. ..............................................................................................................................................................................37
EXAMPLES OF FELONY BY OMISSION: ..........................................................................................................................................................................37
PUNISHABLE BY LAW .......................................................................................................................................................................................................37
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ALTHOUGH THE WRONGFUL ACT DONE BE DIFFERENT FROM THAT WHICH HE INTENDED
DISTINCTION OF ABERRATIO ICTUS VS. ERROR IN PERSONAE .................................................................................................................................50
REQUISITES OF ART. 4 PAR. 1 ..........................................................................................................................................................................................51
FELONY COMMITTED IS NOT THE PROXIMATE CAUSE OF THE RESULTING INJURY WHEN ..................................................................................51
WHEN DEATH IS PRESUMED TO BE THE NATURAL CONSEQUENCE OF PHYSICAL INJURIES INFLICTED ............................................................51
PROXIMATE CAUSE V. IMMEDIATE CAUSE V. REMOTE CAUSE ...................................................................................................................................51
THE FOLLOWING ARE NOT EFFICIENT INTERVENING CAUSE ....................................................................................................................................52
EFFICIENT INTERVENING CAUSE .................................................................................................................................................................................... 52
INSTANCES WHEN THERE IS PROXIMATE CAUSE AND WHEN THERE IS NONE .......................................................................................................52
PAR. 2 OF ART. 4: IMPOSSIBLE CRIME ............................................................................................................................................................................53
PURPOSE OF PUNISHING IMPOSSIBLE CRIMES ...........................................................................................................................................................53
REQUISITES (1-4) ...............................................................................................................................................................................................................53
WERE IT NOT FOR THE INHERENT IMPOSSIBILITY OF ITS ACCOMPLISHMENT OR ON ACCOUNT OF THE EMPLOYMENT OF IN-
ADEQUATE OR INEFFECTUAL MEANS
INHERENT IMPOSSIBILITY OF OF ITS ACCOMPLISHMENT ........................................................................................................................................54
WOULD BE AN OFFENSE AGAINST PERSONS. ............................................................................................................................................................54
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CHAPTER 2
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JUSTIFYING CIRCUMSTANCES ........................................................................................................................................................................................93
BASIS OF JUSTIFYING CIRCUMSTANCES .......................................................................................................................................................................93
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INTRODUCTION
GENERAL PRINCIPLES
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CRIMINAL LAW
is that branch of public substantive law which defines offenses and prescribes their penalties. It is also that branch of munici-
pal law, which defines crimes, treats of their nature and provides for their punishment.
Substantive Remedial
Statutory; it is passed by the Legislature. May be promulgated by the Legislature (e.g. jurisdiction of
courts) or the Judiciary (e.g. Rules of Court)
EQUAL PROTECTION
1
Art. II, Sec. 5 (1987 Constitution)
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Art. III, Sec. 1, 1987 Const. No person shall be deprived of life, liberty, or property without due
process of law, nor shall any person be denied the equal protection of the laws.
DUE PROCESS
Art. III, Sec. 14 (1), 1987 Const. No person shall be held to answer for a criminal offense without
due process of law.
Art III, Sec. 19, 1987 Const. Excessive fines shall not be imposed, nor cruel, degrading or inhu-
man punishment inflicted. Neither shall death penalty be imposed, unless, for compelling reasons
involving heinous crimes, the Congress hereafter provides for it. Any death penalty already im-
posed shall be reduced to reclusion perpetua.
Repealed the law imposing lethal injection (R.A. 8177) and the law imposing the death penal-
ty (R.A. 7659) (Sec. 1)
This Act also imposes the punishment of reclusion perpetua for offenses under any act using the nomenclature of the RPC
(Sec. 2 (a)) and the punishment of life imprisonment for offenses under any act which does not use the nomenclature of the
RPC (Sec. 2(b))
BILL OF ATTAINDER
Art. III, Sec. 22, 1987 Const. No ex post facto law or bill of attainder shall be enacted.
Bill of Attainder - a legislative act that inflicts punishment without trial, its essence being the substitution of legislative fiat for
a judicial determination of guilt.
In the absence of contrary provision in B.P. Blg. 22, the general provisions of the RPC which, by their nature, are necessarily
applicable, may be applied suppletorily5
Strict construction against the State and liberally in favor of the accused
Pro Reo Doctrine Whenever a penal law is to be construed or applied and the law admits of two interpretations - one le-
2 [Reyes, The Revised Penal Code citing In re: Kay Villegas Kami, Inc.]
3 [Art.10, RPC]
4
[Regalado, Criminal Law Prospectus]
5
[Ladonga v. People (2005)]
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nient to the offender and one strict to the offender, that interpretation which is lenient or favorable to the offender will be
adopted.
Basis: The fundamental rule that all doubts shall be construed in favor of the accused and presumption of innocence of the
accused.
(1) The Revised Penal Code (Act No. 3815) - Created pursuant to Administrative Order No. 94; enacted January 1, 1932;
based on the Spanish Penal Code, US Penal Code, and Phil. Supreme Court decisions.
(2) Special penal laws and penal Presidential Decrees issued during Martial Law.
LEGAL MAXIMS
This is true to civil law countries, but not to common law countries
No matter how wrongful, evil or bad the act is, if there is no law defining the act, the same is not considered a crime.
Common law crimes are wrongful acts which the community/society condemns as contemptible, even though there is no
law declaring the act criminal.
Not any law punishing an act or omission may be valid as a criminal law. If the law punishing an act is ambiguous, it is null
and void.
This is true to a felony characterized by dolo, but not a felony resulting from culpa.
This maxim is not an absolute one because it is not applied to culpable felonies, or those that result from negligence.
MENS REA
in laymans terms: bulls-eye of a crime. Synonymous with criminal or deliberate intent, but that is not correct. It still depends
on the elements of the crime. You can only detect the mens rea of a crime by knowing the particular crime committed. With-
out reference to a particular crime, this term is meaningless.
Ex. In theft, mens rea is taking the property with intent to gain.
In falsification, mens rea, is the effect of the forgery with intent to pervert the truth
He who is the cause of the cause is the cause of the evil caused.
(1) This is the rationale in par. 1 of Art. 4 which enunciates the doctrine of proximate cause.
(2) He who commits an intentional felony is responsible for all the consequences which may naturally and logically result
therefrom, whether foreseen or intended or not.
An act that is a crime merely because it is prohibited by statute, although the act itself is not necessarily immoral7
As to nature Wrong from its very nature. Wrong because it is prohibited by law.
As to use of good faith as GF a valid defense, unless the crime is Good Faith is not a defense.
defense the result of culpa
As to whether or not criminal Criminal intent is an element. Criminal intent is immaterial, BUT still
intent is an element requires intelligence & voluntariness
As to degree of Degree of accomplishment is taken into The act gives rise to a crime only when
accomplishment of crime account for the punishment. consummated.
As to mitigating and They are taken into account in They are not taken into account.
aggravating circumstances imposing penalty
As to degree of participation When there is more than one offender, Degree of participation is generally not
the degree of participation of each in taken into account. All who participated
the commission is taken into account. in the act are punished to the same
extent.
6
[Blacks Law Dictionary, 9th Ed.]
7
[Blacks Law Dictionary, 9th Ed.]
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As to stages of execution There are three stages: attempted, No such stages of execution
frustrated & consummated
As to persons criminally The principal, accomplice & accessory. Generally, only the principal is liable.
liable Penalty is computed on the basis of Penalty of offenders is same whether
whether he is a principal offender or they acted as mere accomplices or
merely an accomplice or accessory accessories
As to what laws are violated Generally, the RPC. Generally, special laws.
As to division of penalties Penalties may be divided into degrees There is no such as division of
and period penalties
(b) In those crimes which are mala prohibita, the act alone irrespective of its motives, constitutes the offense.
(c) Good faith and absence of criminal intent are not valid defenses in crimes mala prohibita.
(d) When the acts are inherently immoral, they are mala in se, even if punished under special law, like plunder which re-
quires proof of criminal intent.8
(f) A crime in the RPC can absorb a crime punishable by a special lawif it is a necessary ingredient of the felony defined in
the Code but a special law can never absorb a crime punishable under the RPC, because violations of the Revised Penal
Code are more serious than a violation of a special law. 9
(g) The crime of cattle-rustling is not malum prohibitum but a modification of the crime of theft of large cattle under the RPC
(i.e. there are special laws which only modify crimes under the RPC therefore still mala in se).10
Art. III, Sec. 14 (2), 1987 Const. In all criminal prosecutions, the accused shall be presumed inno-
cent until the contrary is proved.
EQUIPOISE RULE
9
[People v. Rodriguez (1960)]
10
[People v. Martinada]
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When the evidence of the prosecution and the defense are equally balanced, the scale should be tilted in favor of the ac-
cused in obedience to the constitutional presumption of innocence.11
PROSPECTIVITY
General rule: Acts or omissions will only be subject to a penal law if they are committed AFTER a penal law has taken effect.
Conversely, acts or omissions which have been committed before the effectivity of a penal law could not be penalized by
such penal law.
Exception: Penal laws shall have a retroactive effect, insofar as they favor the person guilty of a felony.12
(3) If the new law totally repeals the existing law so that the act which was penalized under the old law is no longer punish-
able,
(4) Rule of prospectivity also applies to judicial decisions, administrative rulings and circulars14
Rationale for the prospectivity rule: the punishability of an act must be reasonably known for the guidance of society15 .
11
[Ursua v. CA (1996); Corpuz v. People (1991)]
14
[Art. 8, Civil Code]
15
[Peo v. Jabinal]
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BAR QUESTION
SUGGESTED ANSWER:
1. There are two schools of thought in Criminal Law, and these are (a) the CLASSICAL THEORY, which simply means that
the basis of criminal liabilities is human free will, and the purpose of the penalty is retribution which must be proportional
to the gravity of the offense; and (b) the POSITIVIST THEORY, which considers man as a social being and his acts are
attributable not just to his will but to other forces of society. As such, punishment is not the solution, as he is not entirely to
be blamed; law and jurisprudence should not be the yardstick in the imposition of sanction, instead the underlying rea-
sons would be inquired into.
2. We follow the classical school of thought although some provisions of eminently positivist in tendencies, like punishment
of impossible crime, Juvenile circumstances, are incorporated in our Code.
SUGGESTED ANSWER:
1. Pseudonym for literary purposes.
2. Use of aliases in cinema and television entertainment.
3. In athletics and sports activities (RA. 6085).
4. Under the witness protection program a person may adopt a different identity (RA. 6981).
5. When he has been baptized or customarily known by such alias.
6. When authorized by a competent court (CA. No. 142, as amended by RA. 6085).
7. When properly indicated in a Certificate of Candidacy (Omnibus Election Code).
PRELIMINARY TITLE
Article 1
Time when Act takes effect. This Code shall take effect on the first day of January, nineteen
hundred and thirty-two.
SCHOOL OF THOUGHT
Utilitarian Theory
ClassicalTheory
Positivist Theory
Eclectic / Mixed
Note: The Revised Penal Code today follows the mixed or eclectic philosophy.
16
intoxication of the offender in order is considered a mitigating circumstance unless it is habitual or intentional
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Article 2
Application of its provisions. Except as provided in the treaties and laws of preferential applica-
tion, the provisions of this Code shall be enforced not only within the Philippine Archipelago, in-
cluding its atmosphere, its interior waters and maritime zone, but also outside of its jurisdiction,
against those who:
2. Should forge or counterfeit any coin or currency note of the Philippine Islands or obligations
and securities issued by the Government of the Philippine Islands;
3. Should be liable for acts connected with the introduction into these islands of the obligations
and securities mentioned in the presiding number;
4. While being public officers or employees, should commit an offense in the exercise of their
functions; or
5. Should commit any of the crimes against national security and the law of nations, defined in
Title One of Book Two of this Code.
GENERALITY
General rule: The penal law of the country is binding on all persons who live or sojourn in Philippine territory, subject to the
principles of public international law and to treaty stipulations.17
It referes to the people who live in the Philippines.
NOTE: The Philippines is a sovereign state with the obligation and the right of every government to uphold its laws and maintain order within
its domain, and with the general jurisdiction to punish persons for offenses committed within its territory right to be exempted from its laws
and jurisdiction, with the exception of states and diplomatic representative
17
[Art. 14, NCC]
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EXCEPTION
Art. 2, RPC. Except as provided in the treaties or laws of preferential application xxx.
Art. 14, NCC. xxx subject to the principles of public international law and to treaty stipulations.
TREATY STIPULATIONS
Examples:
(a) Bases Agreement entered into by the Philippines and the US on Mar. 14, 1947 and expired on Sept. 16, 1991.
(b) Visiting Forces Agreement (VFA) is an agreement between the Philippine and US Government regarding the treatment
of US Armed Forces visiting the Philippines. It was signed on Feb. 10, 1998.
Art. V, VFA, which defines criminal jurisdiction over United States military and civilian personnel temporarily in the Philippines
in connection with activities approved by the Philippine Government.
The US and Philippines agreed that:
(a) US shall have the right to exercise within the Philippines all criminal and disciplinary jurisdiction conferred on them by the
military law of the US over US personnel in RP;
(b) US authorities exercise exclusive jurisdiction over US personnel with respect to offenses, including offenses relating to
the security of the US punishable under the law of the US, but not under the laws of RP;
(c) US military authorities shall have the primary right to exercise jurisdiction over US personnel subject to the military law of
the US in relation to:
(a) Offenses solely against the property or security of the US or offenses solely against the property or person of US
personnel; and
(b) Offenses arising out of any act or omission done in performance of official duty. [Reyes, The RPC]
(a) If the crime is punishable under Philippine laws but not under US laws then Philippines has exclusive jurisdiction.
(b) If the crime is punishable under US laws but not under Philippine laws then US has exclusive jurisdiction.
(c) If the crime is punishable under the US and Philippine laws then there is concurrent jurisdiction but the Philippines has
the right to primary jurisdiction.
(d) If the crime is committed by a US personnel against the security and property of the US alone then US has exclusive ju-
risdiction.
18
(Sec. 11, Art. VI, 1987 Constitution)
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(b) Any ambassador or public minister of any foreign State, authorized and received as such by the President, or any domes-
tic or domestic servant of any such ambassador or minister are exempt from arrest and imprisonment and whose properties
are exempt from distraint, seizure and attachment19
R.A. No. 75 penalizes acts which would impair the proper observance by the Republic and inhabitants of the Philippines of
the immunities, rights, and privileges of duly accredited foreign diplomatic representatives in the Philippines.
Warship Rule A warship of another country, even though docked in the Philippines, is considered an extension of the terri-
tory of its respective country. This also applies to embassies.
Note: Consuls and consular officers are NOT exempt from local prosecution20
(a) Public vessels of a friendly foreign power are not subject to local jurisdiction.
(b) Generality has NO reference to territoriality.
TERRITORIALITY
(1) Intraterritorial refers to the application of the RPC within the Philippine territory (land, air and water).
(2) Extraterritorial refers to the application of the Revised Penal Code outside the Philippine territory.
General rule: Penal laws of the country have force and effect only within its territory.
20
[See Article 41, Vienna Convention on Consular Relations]
21
[Art. I, 1987 Constitution]
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(c) The territory of the country is not limited to the land where its sovereignty resides but includes also its maritime and interi-
or waters as well as its atmosphere.[Art. 2, RPC]
Exception: Extraterritorial Crimes, which are punishable even if committed outside the Philippine territory [Art. 2, RPC]
The RPC is applied to Philippine vessels if the crime is committed while the ship is treading:
Two rules as to jurisdiction over crimes committed aboard merchant vessels while in the territorial waters of another country
(i.e. a foreign vessel treading Philippine waters OR Philippine vessels treading foreign waters):
1. French Rule: It is the flag or nationality of the vessel which determines jurisdiction UNLESS the crime violates the peace
and order of the host country.
2. English Rule: the location or situs of the crime determines jurisdiction UNLESS the crime merely relates to internal man-
agement of the vessel.
(1) The Philippines adheres to the ENGLISH RULE. However, these rules are NOT applicable if the vessel is on the high
seas when the crime was committed. In these cases, the laws of the nationality of the ship will always apply.
(2) When the crime is committed in a war vessel of a foreign country, the nationality of the vessel will always determine
jurisdiction because war vessels are part of the sovereignty of the country to whose naval force they belong.
Note: The country of registry determines the nationality of the vessel, NOT ITS OWNERSHIP. A Filipino-owned vessel regis-
tered in China must fly the Chinese flag.
Under this theory, if the crime is committed in an aircraft, no matter how high, as long as it can be established that it is within
the Philippine atmosphere, Philippine criminal law22 will govern.
CRIMES HINT
Indirect bribery(A.211)
Corruption (A.212)
22
(See Anti- Hijacking Law)
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The functions contemplated are those, which are, under the law:
(a) to be performed by the public officer;
(b) in the foreign service of the Phil. government;
(c) in a foreign country.
Note: Crimes against public order (e.g., rebellion, coup detat, sedition) committed abroad is under the jurisdiction of the host
country.
Terrorism is now classified as a crime against national security and the law of nations.24
BAR QUESTION
General Principles; Territoriality (1994)
Abe, married to Liza, contracted another marriage with Connie in Singapore. Thereafter, Abe and Connie returned to the
Philippines and lived as husband and wife in the hometown of Abe in Calamba, Laguna.
23
(Title One, Book 2, RPC)
24
(See R.A. 9372, Human Security Act of 2007)
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SUGGESTED ANSWER:
1) No, Abe may not be prosecuted for bigamy since the bigamous marriage was contracted or solemnized in Singapore,
hence such violation is not one of those where the Revised Penal Code, under Art. 2 thereof, may be applied extraterritorially.
The general rule on territoriality of criminal law governs the situation.
SUGGESTED ANSWER:
Yes, the Motion to Quash the Information should be granted. The Philippine court has no jurisdiction over the crime commit-
ted since it was committed on the high seas or outside of Philippine territory and on board a vessel not registered or licensed
in the Philippines (US vs. Fowler, 1 Phil 614)
It is the registration of the vessel in accordance with the laws of the Philippines, not the citizenship of her owner, which
makes it a Philippine ship. The vessel being registered in Panama, the laws of Panama govern while it is in the high seas.
TITLE ONE
CHAPTER ONE
Article 3
Felonies are committed not only be means of deceit 25 (dolo) but also by means of fault (culpa).
There is deceit when the act is performed with deliberate intent and there is fault when the
wrongful act results from imprudence, negligence, lack of foresight, or lack of skill.
ELEMENTS OF FELONIE
1. There must be an act or omission
2. Act and omission must be punishable by RPC
3. Act is performed by means of Dolo (Deceit) or Culpa (Fault)
IMPRUDENCE Indicates deficiency of action, failure to take the necessary precaution to avoid injury to
person or damage to property. Usually involves lack of skill.
LACK OF SKILL
LACK OF FORSIGHT
25
INTENTIONAL
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WHAT IS ACT
any bodily movement tending to produce some effect in the external world. But the act must be one which is defined by the
Revised Penal Code as constituting a felony.
Thus, even if A entertains the idea of killing B, as long as he does not commence the commission of the crime directly by
overt act, A is not criminally liable.
It will be noted that in felonies by omission, there is a law requiring a certain act to be performed and the person required to
do the act fails to perform it.
PUNISHABLE BY LAW
The phrase "punished by law" should be understood to mean "punished by the Revised Penal Code" and not by a special
law.
That is to say, the term "felony" means acts and omissions punished in the Revised Penal Code, to distinguish it from the
words "crime" and "offense" which are applied to infractions ofthe law punished by special statutes.
27
(Art. 213, par. 2[b]
28
(Art. 116)
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Thus, the second paragraph of Art. 3 states that felonies are committed not only by means of deceit (dolo) but also by means
of fault (culpa).
INTENTIONAL VS CULPABLE
Intentional the offender acts with malice, whereas in culpable, the offender acts without malice
A criminal act is presumed to be voluntary. Fact prevails over assumption, and in the absence of indubitable explanation, the
act must be declared voluntary and punishable29
INTENTIONAL FELONIES
the act or omission of the offender is malicious.
must be voluntary and punishable by law to constitute a felony. (Kailangan expressly provide by law na pun-
ishable yung bagay na hindi mo ginawa na dapat ginawa mo, mean pina-punish yung volun-
tary na hindi mo gawin ang isang bagay na dapat ginawa mo na expressly provide ng batas
na kapag hindi mo to ginawa sa ganitong sirkumstansya, pwede kang ipunish by law. kaya
dapat stated sa batas since omission act to. para syang mala prohibitum, may batas na
nagsasabing mali ito dahil may batas na nagsasabing mali ito.)
29
(People vs. Macalisang, 22 SCRA 699)
30
(U.S. vs. Maleza, 14 Phil. 468, 470)
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thus, the act performed or the omission incurred by the offender is voluntary, but the intent or malice in intentional felonies
(Culpa or fault) is replaced by imprudence, negligence, lack of foresight or lack of skill in culpable felonies.
33
(Art. 12, pars. 1, 2 and 3)
34
(U.S. vs. Ah Chong, 15 Phil. 488, 495)
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MISTAKE OF FACT
ignorance or mistake of fact relieves the accused from criminal liability (ignorantia facti excusat)
Mistake of fact is a misunderstanding of fact on the part of the person who caused injury to another. He is not, however, crim-
inally liable, because he did not act with criminal intent.
An honest mistake of fact destroys the presumption of criminal intent which arises upon the commission of a felonious act36
35
(People vs. Taneo, 58 Phil. 255)
36
(People vs. Coching, et al., C.A., 52 O.G. 293, citing People vs. Oanis, 74 Phil. 257)
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there is an innocent mistake of fact without any fault or the accused found no circumstances whatever which would
carelessness on the part of the accused, because, having press them to immediate action. The person in the room
no time or opportunity to make any further inquiry, and being being then asleep, the accused had ample time and
pressed by circumstances to act immediately, the accused opportunity to ascertain his identity without hazard to
had no alternative but to take the facts as they then themselves, and could even effect a bloodless arrest if any
appeared to him, and such facts justified his act of killing reasonable effort to that end had been made, as the victim
the deceased. was unarmed. This, indeed, is the only legitimate course
ofaction for the accused to follow even ifthe victim was really
Balagtas, as they were instructed not to kill Balagtas at
sight, but to arrest, and to get him dead or alive only if
resistance or aggression
is offered by him.
Example: A wanted to kill B by shooting him with a pistol. Thinking that the person walking in dark alley was B, A shot the
person. It turned out that the person killed was C, the brother of A. A had no intention to kill C. Since the act and intention of A
in firing his pistol are unlawful, A cannot properly invoke the principle of mistake of fact in his defense.
JURISPRUDENCE
37
(People vs. Gona, 54 Phil. 605)
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Chief of Police Oanis and his co-accused Corporal Galanta were under instructions
to arrest one Balagtas, a notorious criminal and escaped convict, and if
overpowered, to get him dead or alive. Proceeding to the suspected house, they
TRIGGER OF THE FACTS: went into a room and on seeing a man sleeping with his back towards the door,
simultaneously fired at him with their revolvers, without first making any reasonable
inquiry as to his identity. The victim turned out to be an innocent man, Tecson, and
not the wanted criminal.
Even if it were true that the victim was the notorious criminal, the accused would not
be justified in killing him while the latter was sleeping.
For all the foregoing, the judgment is modified and appellants are hereby declared
guilty of murder with the mitigating circumstance above mentioned, and accordingly
sentenced to an indeterminate penalty of from five (5) years of prision correctional to
VERDICT:
fifteen (15) years of reclusion temporal, with the accessories of the law, and to pay
the heirs of the deceased Serapio Tecson jointly and severally an indemnity of
P2,000, with costs.
An honest mistake of fact destroys the presumption of criminal intent which arises
END POINT:
upon the commission of a felonious act
An honest mistake of fact destroys the presumption of criminal intent which arises
CASE DOCTRINE:
upon the commission of a felonious act
Accused were instructed to arrest a notorious criminal and escaped convict, and
instructed if they were empowered shoot and get him lifeless or not. thereafter,
CIRCUMTANCES: accused went to the house of notorious criminal then they saw the criminal sleeping
and they fired the man which cause of his death and found out that it was not the
notorious man and it was an innocent man.
In dealing with justifying circumstance No. 5 Judge Guevara states: "There are two
requisites in order that this circumstance may be taken into account:
IMPORTANT POINT/S: (a) That the offender acted in the performance of his duty or in the lawful exercise of
a right; and
(b) That the injury or offense committed be the necessary consequence of the per-
formance of a duty or the lawful exercise of a right or office."
RTC:
COURT DECISIONS: CA:
SC: Guilty of murder (convicted)
FACTS
Captain Godofredo Monsod, Constabulary Provincial Inspector at Cabanatuan, Nueva Ecija, received from Major Guido a
telegram of the following tenor: "Information received escaped convict Anselmo Balagtas with bailarina and Irene in Ca-
banatuan get him dead or alive." Captain Monsod accordingly called for his first sergeant and asked that he be given four
men.
The same instruction was given to the chief of police Oanis who was likewise called by the Provincial Inspector.
Defendants Oanis and Galanta then went to the room of Irene, and an seeing a man sleeping with his back towards the
door where they were, simultaneously or successively fired at him with their .32 and .45 caliber revolvers. Awakened by
the gunshots, Irene saw her paramour already wounded, and looking at the door where the shots came, she saw the de-
fendants still firing at him. Shocked by the entire scene.
Irene fainted; it turned out later that the person shot and killed was not the notorious criminal Anselmo Balagtas but a
peaceful and innocent citizen named Serapio Tecson, Irene's paramour.
According to Appellant Galanta, when he and chief of police Oanis arrived at the house, the latter asked Brigida where
Irene's room was. Brigida indicated the place, and upon further inquiry as to the whereabouts of Anselmo Balagtas, she
said that he too was sleeping in the same room.
ISSUE
1. WON Oanis and Galanta incur no liability due to innocent mistake of fact in the honest per-
formance of their official duties.
2. WON Oanis and Galanta incur no criminal liability in the performance of their duty.
HELD
1. No. Innocent mistake of fact does not apply to the case at bar. Ignorance facti excusat
applies only when the mistake is committed without fault or carelessness. The fact that the
supposedly suspect was sleeping, Oanis and Galanta could have checked whether it is the
real Balagtas.
2. No. Oanis and Galanta are criminally liable. A person incurs no criminal liability when he
acts in the fulfillment of a duty or in the lawful exercise of a right or office. There are 2 req-
uisites to justify this: (1) the offender acted in the performance of a duty or in the lawful ex-
ercise of a right or office, (2) that the injury or offense committed be the necessary conse-
quence of the due performance of such duty or the lawful exercise of such right or office. In
this case, only the first requisite is present.
SYLLABI
Id.; Id.; Case at Bar Distinguished from United States vs. Ah Chong (15 Phil., 488).In support of the theory of non
liability by reason of honest mistake of fact, appellants rely on the case of United States vs. Ah Chong (15 Phil., 488). The
maxim is ignorantia facti excusat, but this applies only when the mistake is committed without fault or carelessness. In the Ah
Chong case, defendant therein after having gone to bed was awakened by someone trying to open the door. He called out
twice, "who is there," but received no answer.
Fearing that the intruder was a robber, he leaped from his bed and called out again, "if you enter the room I will kill you." But
at that precise moment, he was struck by a chair which had been placed against the door and believing that he was then
being attacked, he seized a kitchen knife and struck and fatally wounded the intruder who turned out to be his room-mate.
A common illustration of innocent mistake of fact is the case of a man who was masked as a footpad at night and in a lonely
road held up a friend in a spirit of mischief, and with leveled pistol demanded his money or life. He was killed by his friend
under the mistaken belief that the attack was real, that the pistol level at his head was loaded and that his life and property
were in imminent danger at the hands of the aggressor.
In these instances, there is an innocent mistake of fact committed without any fault or carelessness because the accused,
having no time or opportunity to make a further injury, and being pressed by circumstances to act immediately, had no alter-
native but to take the fact as they then appeared to him; and such facts justified his act of killing. In the case, appeliants, un-
like the accused in the instances cited, found no circumstances whatsoever which would press them to immediate action.
The person in the room being then asleep, appeliants had ample time and opportunity to ascertain his identity without hazard
to themselves, and could even effect a bloodless arrest if any reasonable effort to that end had been made, as the victim was
unarmed, according to one eyewitness.
This, indeed, is the only legitimate course of action for appellants to follow even if the victim was really Balagtas, as they
were instructed not to kill Balagtas, at sight, but to arrest him, and to get him dead or alive only if resistance or aggression is
oddered him.
Id.; Id.; Killing at Bar is Intentional and not Merely Accidental.The crime committed by appellants is not merely
criminal negligence, the killing being intentional and not accidental. In criminal negligence, the injury caused to another
should be unintentional, it being simply the incident of another act performed without malice. (People vs. Sara,
55 Phil., 939.)
In the words of Viada. "para que se califique un hecho de imprudencia es preciso que no haya mediado en l malicia ni in-
tencin alguna de daar; existiendo esa intencin, deber calificarse el hecho del delito que ha producido, por ms que no
haya sido la intencin del agente el causar un mal de tanta gravedad como el que se produjo. (Tomo 7, Viada Cdigo Penal
Comentado, 5." ed.. pg. 7.)
And, as once held by this court, a deliberate intent to do an unlawful act is essentially inconsistent with, the idea of reckless
imprudence (People vs. Nanquil, 43 Phil. 232: People vs. Bindor. 56 Phil.. 16), and where such unlawful act is wilfully done, a
mistake in the identity of the intended victim cannot be considered as reckless imprudence (People vs. Gona, 54 Phil., 605)
to support a plea of mitigated liability.
PERSONAL ANNOTATION
ignorantia facti excusat, but this applies only when the mistake is committed without fault or carelessness
appellants found no circumstances whatsoever which would press them to immediate action. The person in the room being
then asleep, appellants had ample time and opportunity to ascertain his identity without hazard to themselves, and could
even effect a bloodless arrest if any reasonable effort to that end had been made, as the victim was unarmed.
"No unnecessary or unreasonable force shall be used in making an arrest, and the person arrested shall not be subject to
any greater restraint than is necessary for his detention.
a peace officer cannot claim exemption from criminal liability if he uses unnecessary force or violence in making an arrest
The crime committed by appellants is not merely criminal negligence, the killing being intentional and not accidental. In
criminal negligence, the injury caused to another should be unintentional, it being simply the incident of another act per-
formed without malice.
2 requisites in order that the circumstance may be taken as a justifying one:
offender acted in the performance of a duty or in the lawful exercise of a right-present injury or offense committed be
the necessary consequence of the due performance of such duty or the lawful exercise of such right or office.-not
present
According to article 69 of the Revised Penal Code, the penalty lower by 1 or 2 degrees than that prescribed by law shall, in
such case, be imposed.
People vs Ah Chong
GR. NO.: G.R. No. L-5272 March 19, 1910
PONENTE: CARSON, J.
mistake of fact | definition of felony | In mistake of fact, the act done would have been
TOPIC/S:
lawful, had the facts been as the accused believed them to be.
Ah Chong was a cook in Ft. McKinley. He was afraid of bad elements. One evening,
before going to bed, he locked himself in his room by placing a chair against the
door. After having gone to bed, he was awakened by someone trying to open the
door. He called out twice, "Who is there," but received no answer. Fearing that the
TRIGGER OF THE FACTS: intruder was a robber, he leaped from his bed and called out again, "If you enter the
room I will kill you." But at that precise moment, he was struck by the chair that had
been placed against the door, and believing that he was being attacked he seized a
kitchen knife and struck and fatally wounded the intruder who turned out to be his
roommate.
TRIGGER OF THE ISSUE/S: Whether or not the defendant can be held criminally responsible
No. The rule is that one is not criminally liable if he acted without malice (criminal
intent), negligence, and imprudence. In the present case, the accused acted in good
faith, without malice or criminal intent, in the belief that he was doing no more than
exercising his legitimate right of self-defense. Had the facts been as he believed
TRIGGER OF THE RULING: them to be, he would have been wholly exempt from criminal liability on account of
his act. Moreover, the accused cannot be said to have been negligent or reckless as
the facts as he saw them threatens his person and his property. Under such
circumstances, there is no criminal liability, as the ignorance or mistake of fact was
not due to negligence or bad faith.
The judgment of conviction and the sentence imposed by the trial court should be
VERDICT: reversed, and the defendant acquitted of the crime with which he is charged and his
bail bond exonerated, with the costs of both instance de oficio.
END POINT:
CITED DOCTRINE/S:
CASE DOCTRINE:
CIRCUMTANCES:
IMPORTANT POINT/S:
RTC: Convicted
COURT DECISIONS: CA: Convicted
SC: RTC's decision is reversed. The defendant is acquitted.
FACTS
The defendant Ah Chong was a cook at "Officers' quarters, No. 27," Fort McKinley, Rizal Province
Pascual Gualberto, deceased, works at the same place as a house boy or muchacho
"Officers' quarters, No. 27" was a detached house some 40 meters from the nearest building
No one slept in the house except the two servants who jointly occupied a small room toward the rear of the building, the
door of which opened upon a narrow porch running along the side of the building
This porch was covered by a heavy growth of vines for its entire length and height
The door of the room was not furnished with a permanent bolt or lock; the occupants, as a measure of security, had at-
tached a small hook or catch on the inside of the door, and were in the habit of reinforcing this somewhat insecure means
of fastening the door by placing against it a chair
On the night of August 14, 1908, at about 10:00 pm, the defendant was suddenly awakened by some trying to force open
the door of the room
He called out twice, "Who is there?
He heard no answer and was convinced by the noise at the door that it was being pushed open by someone bent upon
forcing his way into the room
The defendant warned the intruder "If you enter the room, I will kill you.
Seizing a common kitchen knife which he kept under his pillow, the defendant struck out wildly at the intruder (when he
entered the room) who turned out to be his roommate Pascual
Pascual ran out upon the porch heavily wounded
ISSUE
Whether or not the defendant can be held criminally responsible
HELD
By reason of a mistake as to the facts, the defendant did an act for which he would be exempt from criminal liability if the
facts were as he supposed them to be (i.e. if Pascual was actually a thief, he will not be criminally liable/responsible be-
cause it would be self-defense), but would constitute the crime of homicide or assassination if the actor had known the true
state of the facts (i.e. if he knew that it was actually Pascual, he would be guilty of homicide/assassination)
The defendant's ignorance or mistake of fact was not due to negligence or bad faith
"The act itself foes not make man guilty unless his intention were so
The essence of the offense is the wrongful intent, without which it cannot exist
"The guilt of the accused must depend on the circumstances as they appear to him.
If one has reasonable cause to believe the existence of facts which will justify a killing, if without fault or carelessness he
does believe them, he is legally guiltless of the homicide
The defendant was doing no more than exercise his legitimate right of self-defense
He cannot be said to have been guilty of negligence or recklessness or even carelessness in falling into his mistake as to
the facts
SYLLABI
JUSTIFIABLE HOMICIDE; SELF-DEFENSE; MlSTAKE OF FACTS.Defendant was a cook and the deceased was a
house boy, and both were employed in the same place and usually slept in the same room. One night, after the defendant
had gone to bed, he was awakened by some one trying to open the door, and called out twice, "Who is there?" He received
no answer, and fearing that the intruder was a robber, leaped from the bed and again called out: "If you enter the room I will
kill you." At that moment he was struck by a chair which had been placed against the door.
Believing that he was being attacked, he seized a kitchen knife and struck and fatally wounded the intruder, who turned out to
be his roommate. Thereupon he called to his employers and rushed back into the room to secure bandages to bind up the
wound. Defendant was charged with murder. While there can be no doubt of defendant's exemption from liability if the intrud-
er had really been a robber, the question presented is whether, in this jurisdiction, a person can be held criminally responsible
Held, That, under such circumstances, there is no criminal liability, provided that the ignorance or mistake of fact was not due
to negligence or bad faith. In other words, if such ignorance or mistake of facts is sufficient to negative a particular intent
which, under the law, is a necessary ingredient of the offense charged it destroys the presumption of intent and works an
acquittal; except in those cases where the circumstances demand a conviction under the penal provisions governing negli-
gence, and in cases where, under the provisions of article 1 of the Penal Code, a person voluntarily committing an act incurs
criminal liability even though the act be different from that which he intended to commit.
PERSONAL ANNOTATION
SEPARATE OPINION
TORRES, J., dissenting:
The writer, with due respect to the opinion of the majority of the court, believes that, according to the merits of the case, the
crime of homicide by reckless negligence, defined and punishes in article 568 of the Penal Code, was committed, inasmuch
as the victim was wilfully (voluntariomente) killed, and while the act was done without malice or criminal intent it was, howev-
er, executed with real negligence, for the acts committed by the deceased could not warrant the aggression by the defendant
under the erroneous belief on the part of the accused that the person who assaulted him was a malefactor; the defendant
therefore incurred responsibility in attacking with a knife the person who was accustomed to enter said room, without any
justifiable motive.
By reason of the nature of the crime committed, in the opinion of the undersigned the accused should be sentenced to the
penalty of one year and one month of prision correctional, to suffer the accessory penalties provided in article 61, and to pay
an indemnify of P1,000 to the heirs of the deceased, with the costs of both instances, thereby reversing the judgment ap-
pealed from.
BAR QUESTION
!
BAR QUESTION TOPIC
CONTENT
Article 4
1. By any person committing a felony (delito) although the wrongful act done be different from that
which he intended.
2. By any person performing an act which would be an offense against persons or property, were
it not for the inherent impossibility of its accomplishment, or an account of the employment of in-
adequate or ineffectual means.
COMMITTING A FELONY
Criminal liability shall be incurred by any person committing a felony not merely performing an act. It must be felonious
which an act of omission punishable by the revised penal code. If such act is not punishable by RPC, then it is not a felony.
But the offender must committed the felony by means of DOLO which with malice, because Art. 4 par. 1 speaks for the
wrongful act done be different from that which he intended
Kailangan kpag iaapply ang paragraph 1 of Art. 4 dapat i-determine mo kung yung felonies ba ay act (ginawa) or Omission (dapat ginawa,
pero hindi ginawa) from there kailangan mong idetermine kung yung felony na na-commit ay provided ng revised penal code kapag walang
batas na nagpupunish nung felony, hindi sya considered as felony. so meaning walang crime.
Sa paragraph na ito kailangan yung felony na DOLO kasi kailangan INTENTIONAL ginusto nyang gawin yung act o may deliberate intent.
pasok dapat yung 3 elements freedom, intelligence and intent. kapag may kulang sa tatlo na yan papasok na yung Art. 12. para masabing
may dolo dahil sabi ng paragraph 1 kailangan willful nyang ginawa pero ang problema iba yung resulta nung ginawa nya napunish sya sa
act na ginawa nya kahit iba yung plano na dapat na maging resulta.
PROXIMATE CAUSE
That cause, which, in a natural and continuous sequence, unbroken by any efficient intervening cause, produces the injury
without which the result would not have occurred.
The proximate legal cause is that acting first and producing the injury, either immediately or by setting other events in motion,
all constituting a natural and continuous chain of events, each having a close causal connection with its immediate predeces-
sor, the final event in the chain immediately effecting the injury as a natural and probable result of the cause which first acted,
under such circumstances that the person responsible for the first event should, as an ordinary prudent and intelligent per-
son, have reasonable ground to expect at the moment of his act or default that an injury to some person might probably re-
sult therefrom38
38
[Vda. De Bataclan v. Medina (1957)]
SANTIAGO JR. Page 49
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CRIMINAL LAW BOOK ONE REVISED PENAL CODE
The offender is CRIMINALLY LIABLE for ALL the natural and logical consequences of his felonious act,
although not intended, if the felonious act is the proximate cause of the resulting harm.
General rule:
Thus, the person is still criminally liable although the wrongful act done be different from that which he
intended in the following cases:
English
Definition Application
Translation
mistake in the identity of the victim; injuring Ang plano ni Princess ay patayin si
one person mistaken for another (Art. 49 Mike, pero ang napatay ni cess ay si
penalty for lesser crime in its maximum peri- Jay.
od)
mistake in the Wrong person/indentity, ang dapat na
Error in
identity of the papatayin ay si mike pero ang napatay
personae (a) At least two subjects
victim si Jay.
(b) A has intent to kill B, but kills C
mistake in the blow; when offender intending A, with intent to kill, hacked B. B was not
to do an injury to one person actually inflicts hit but C who is also behind B was hit. C
it on another died. A is liable for his attempt to kill B. A
is also liable for the death of C. The
Aberratio Mistake in the (Art. 48 on complex crimes penalty for death of C is the natural consequence of
ictus blow graver offense in its maximum period) the felonious act of A
injurious result is greater than that intended Sinampal ko si jean, ang nasa isip ko
mamumula lang yung muka ni jean,
The injurious (Art. 13 mitigating circumstance) pero ang resulta nung sampal ko kay
Praeter result is greater jean bumuka yung muka ni jean.
intentionem than that
If As act constitutes sufficient means to carry
intended Magkaiba yung expected result sa tunay
out the graver felony, he cannot claim
at aktual na nangyari; mas malala yung
praeter intentionem.
aktwal na resulta.
The victim, as well as the actual victim, is both in the The supposed victim may or may not be in the scene
scene of the crime of the crime
The offender delivers the blow to his intended victim the offender delivers the blow not to his intended
but because of poor aim landed on someone else victim
2. the act is covered by any of the justifying circumstances enumerated in Art. 11.
(2) The wrong done to the aggrieved party be the direct, natural and logical consequence of the felony committed by the
offender.
Note: There is no need for the offended party to submit to a surgical operation or medical to relieve the accused
from liability
That cause, which, in a natural and The last event in a chain of events, A cause that does not necessarily or
continuous sequence, unbroken by any though not necessarily the proximate immediately produce an event or injury.
efficient intervening cause, produces cause of what follows.
the injury without which the result
Note: Criminal liability exists from the
would not have occurred.
concurrence of the mens rea and the
actus reus.
Criminal liability for some felonies aris-
es only upon a specific resulting harm:
(1) Homicide and its qualified forms
requires DEATH
of the victim to be consummated.
(2) Estafa: requires that the victim incur
damage for
criminal liability for the consummated
felony to arise.
40 [People v. Almonte]
42
[U.S. v. Marasigan]
43
[People v. Moldes]
SANTIAGO JR. Page 52
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CRIMINAL LAW BOOK ONE REVISED PENAL CODE
NONE
instance Criminally liable
when the death was caused by an infection of the wound due to the unskilled medical treatment from the doctors
REQUISITES (1-4)
(1) That the act performed would be an offense against persons or property.
(2) That the act was done with evil intent.
(3) That its accomplishment is inherently impossible, or that the means employed is either inadequate or ineffectual.
(1) inadequate - insufficient (e.g. small quantity of poison)
(2) ineffectual means - the means employed did not produce the result expected (e.g. pressed the trigger of the
gun not knowing that it is empty)
Physical or factual impossibility Extraneous45 circumstances unknown to the actor or beyond his control prevent the
consummation of the intended crime. (e.g. when a man with the intention to steal anothers wallet and finds the pocket emp-
ty; when a person steals a check which was later dishonored) Hindi na nya hawak yung sitwasyon para hindi nya masatisfy
yung crime na gagawin nya. gusto nyang magnakaw dahil sa check na nakuha nya nung inen-cash nya yung account ay
(4) That the act performed should not constitute a violation of another provision of the RPC
(1) When one tries to kill another by putting in his soup a substance which he believes to be arsenic when in fact it is com-
mon salt; and
(2) when one tries to murder a corpse 46
Rationale: In crime against persons, as would have been in this case, it is necessary that the victim could be injured or killed.
A dead person cannot be injured or killed. Had B been alive when he was shot, and as a consequence he died, the crime
committed by A would have been murder, a crime against persons. There is physical and legal impossibility in this example.
44 [Intod v. CA]
45
irrelevant
46
(People vs. Balmores, 85 Phil. 493, 496)
SANTIAGO JR. Page 54
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CRIMINAL LAW BOOK ONE REVISED PENAL CODE
B. Murder (Art. 248)
C. Homicide (Art. 249)
D. Infanticide (Art. 255)
E. Abortion (Arts. 256, 257, 258 and 259)
F. Duel (Arts. 260 and 261)
G. Physical injuries (Arts. 262, 263, 264, 265 and 266)
H. Rape (Art. 266-A)
RATIONALE: It is believed that it may be an impossible crime. The act performed would have been theft had the watch been
the property of B. But there is a legal impossibility of accomplishing it, because in theft, the personal property taken must
belong to another.
Example: An employee who, having known the safe combination, opens the safe in the office for the purpose of stealing
money, but who finds the safe empty, is guilty of an impossible crime.
RATIONALE: The act performed would have been a crime of theft were it not for the inherent impossibility of its accomplish-
ment. If there is no personal property that could be taken, it is inherently impossible to commit theft.
Where the means employed is adequate. But where the means employed is adequate and the result expected is not pro-
duced, it is not an impossible crime, but a frustrated felony.
Thus, if the quantity of poison used is sufficient to kill an ordinary person, but the intended victim has developed strong resis-
tance to poison because he has been working in a mine, the crime committed is frustrated murder.
RATIONALE: But A showed criminal tendency and, hence, he should be punished for it in accordance with Art. 4, par. 2, in
relation to Art. 59.
Example: A, with intent to kill B, aimed his revolver at the back of the latter, A, not knowing that it was empty. When he
pressed the trigger it did not fire. The means used by A is ineffectual.
It is believed that A committed attempted robbery, not impossible crime. There was intent to gain on the part of A when he
decided to take the watch of B at the point of gun.
The crime of robbery with intimidation of person is not produced, not because of the inherent impossibility of its accomplish-
ment, but because of a cause or accident (that B forgot to carry the watch with him) other than A's own spontaneous desis-
tance.
(Art. 6, par. 3) Note also that A's pointing his gun at B already constituted at least the crime of grave threats under Art. 282,
subdivision 2, of the Revised Penal Code. This is another reason why it is not an impossible crime.
JURISPRUDENCE
Intod vs. CA
GR. NO.: 215 SCRA 52
PONENTE:
TOPIC/S:
VERDICT:
END POINT:
CITED DOCTRINE/S:
CASE DOCTRINE:
CIRCUMTANCES:
IMPORTANT POINT/S:
COURT DECISIONS:
FACTS
Sulpicio Intod and 3 other men went to Salvador Mandayas house to ask him to go with them to the house of Bernardina
Palangpangan. The group had a meeting with Aniceto Dumalagan who told Mandaya that he wanted Palangpangan to be
killed because of a land dispute between them and that Mandaya should accompany the 4 men otherwise he would also be
killed. At 10:00 p.m. of that same day, Intod and companions, all armed with firearms arrived at Palangpangans house.
Thereafter, petitioner fired at the said room. It turned out the Palangpangan was in another city and her home was then oc-
cupied by her son-in-law and his family. No one was in the room when the accused fired. No one was hit by the gunfire. The
RTC convicted Intod of attempted murder.
Petitioner Intod seeks a modification of the judgment on the ground that he is only liable for an impossible crime {Art. 4(2)}.
Petitioner contends that, Palangpangan's absence from her room on the night he and his companions riddled it with bullets
made the crime inherently impossible. On the other hand, Respondent People of the Philippines argues that the crime was
not impossible instead the facts were sufficient to constitute an attempt and to convict Intod for attempted murder. Respon-
dent likewise alleged that there was intent. Further, In its Comment to the Petition, respondent pointed out that xxx. The
crime of murder was not consummated, not because of the inherent impossibility of its accomplishment (Art 4 (2), RPC), but
due to a cause of accident other that petitioners and his co-accuseds own spontaneous desistance (Art. 3) Palangpangan
did not sleep at her house at that time. Had it not been for this fact, the crime is possible, m not impossible.
ISSUE
Is petitioner is liable only for an impossible crime?
HELD
Under Article 4(2) of the RPC, the act performed by the offender cannot produce an offense against person or property be-
cause:
1) legal impossibility, or
2) physical impossibility of accomplishing the intended act in order to qualify the act as an impossible crime.
Legal impossibility occurs where the intended act, even if complete would not amount to a crime. Thus: legal impossibility
would apply to those circumstances where
1) the motive, desire and expectation is to perform an act in violation of the law;
2) there is intention to perform the physical act;
3) there is a performance of the intended physical act; and
4) the consequence resulting from the intended act does not amount to a crime. The impossibility of killing a person already
dead falls in this category.
On the other had, factual impossibility occurs when extraneous circumstances unknown to the actor or beyond his control
prevent the consummation of the intended crime. One example is the man who puts his hand in the cot pocket of another
with the intention to steal the latters wallet and finds the pocket empty.
The case at bar belongs to this category. Petitioner shoots the place where he thought his victim would be, although in reality,
the victim was not present in said place and thus, the petitioner failed to accomplish his end.
The factual situation in the case at bar presents a physical impossibility which render the intended crime impossible of ac-
complishment. And under Article 4, paragraph 2 of the Revised Penal Code, such is sufficient to make the act an impossible
crime.
SYLLABI
PERSONAL ANNOTATION
CONCURRING
DISSENTING
SEPARATE OPINION
OBITER DICTUM
TOPIC/S:
END POINT:
CITED DOCTRINE/S:
Doctrine: The requisites of an impossible crime are: (1) that the act performed would
be an offense against persons or property; (2) that the act was done with evil intent;
CASE DOCTRINE:
and (3) that its accomplishment was inherently impossible, or the means employed
was either inadequate or ineffectual
CIRCUMTANCES:
IMPORTANT POINT/S:
COURT DECISIONS:
FACTS
Petitioner Jacinto was an employee of Megafoam International, received a check amounting to Pho 10, 000 as payment of
Baby Aquino to her purchase to Megafoam. However, instead of delivering it to Megafoam, she deposited it to her account.
The check was later discovered to be unfunded. Both RTC and CA ruled that the petitioner was guilty of qualified theft. Peti-
tioner filed a petition for review of certiorari to SC.
ISSUE
WON petitioner is correctly convicted for the crime of Qualified Theft.
HELD
NO. Petitioner is guilty of committing an impossible crime of theft only. ,
The requisites of an impossible crime are: (1) that the act performed would be an offense against persons or property; (2)
that the act was done with evil intent; and (3) that its accomplishment was inherently impossible, or the means employed was
either inadequate or ineffectual.
Petitioners evil intent cannot be denied, as the mere act of unlawfully taking the check meant for Mega Foam showed her
intent to gain or be unjustly enriched. Were it not for the fact that the check bounced, she would have received the face value
thereof, which was not rightfully hers. Therefore, it was only due to the extraneous circumstance of the check being unfund-
ed, a fact unknown to petitioner at the time, that prevented the crime from being produced. The thing unlawfully taken by peti-
tioner turned out to be absolutely worthless, because the check was eventually dishonored, and Mega Foam had received
the cash to replace the value of said dishonored check.
SYLLABI
PERSONAL ANNOTATION
CONCURRING
DISSENTING
SEPARATE OPINION
OBITER DICTUM
BAR QUESTION
!
BAR QUESTION TOPIC
CONTENT
Article 5
Art.5. Duty of the court in connection with acts which should be repressed but which are not cov-
ered by the law, and in cases of excessive penalties. Whenever a court has knowledge of any
act which it may deem proper to repress and which is not punishable by law, it shall render the
proper decision and shall report to the Chief Executive, through the Department of Justice, the
reasons which induce the court to believe that said act should be made the subject of penal legis-
lation.
In the same way the court shall submit to the Chief Executive, through the Department ofJustice,
such statement as may be deemed proper, without suspending the execution of the sentence,
when a strict enforcement of the provisions of this Code would result in the imposition of a clearly
excessive penalty, taking into consideration the degree of malice and the injury caused by the of-
fense.
1. The act committed by the accused appears not punishable by any law;
2. But the court deems it proper to repress such act;
3. In that case, the court must render the proper decision by dismissing the case and acquitting the accused;
4. The judge must then make a report to the Chief Executive, through the Secretary of Justice, stating the reasons which
induce him to believe that the said act should be made the subject of penal legislation.
NOTE: BASIS OF THIS PARAGRAPH: NULLUM CRIMEN NULLA POENA SINE LEGE there is no crime when there is no
law punish the act.
With regard to the fine of P5,000.00 imposed by the court for selling a can ofpowdered Klim milk for P2.20 when the selling
price for it was PI.80, it should be considered that Congress thought it necessary to repress profiteering with a heavy fine
so that dealers would not take advantage of the critical condition to make unusual profits. (People vs. Tiu Ua, 96 Phil. 738,
741)
JURISPRUDENCE
SUMMATION
CASE TITLE CASE FOCUS
Content content
CASE TITLE
GR. NO.:
PONENTE:
TOPIC/S:
VERDICT:
END POINT:
CITED DOCTRINE/S:
CASE DOCTRINE:
CIRCUMTANCES:
IMPORTANT POINT/S:
COURT DECISIONS:
47
(People vs. Estoesta, 93 Phil. 654; People vs. Lubo, 101 Phil. 179),
48
(Ayuda vs. People, G.R. No. L-6149, April 12, 1954)
SANTIAGO JR. Page 64
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CRIMINAL LAW BOOK ONE REVISED PENAL CODE
FACTS
ISSUE
HELD
SYLLABI
PERSONAL ANNOTATION
CONCURRING
DISSENTING
SEPARATE OPINION
OBITER DICTUM
BAR QUESTION
!
BAR QUESTION TOPIC
CONTENT
Article 6
A felony is consummated when all the elements necessary for its execution and accomplishment
are present;
and it is frustrated when the offender performs all the acts of execution which would produce the
felony as a consequence but which, nevertheless, do not produce it by reason of causes indepen-
dent of the will of the perpetrator.
There is an attempt when the offender commences the commission of a felony directly or over
acts, and does not perform all the acts of execution which should produce the felony by reason of
some cause or accident other than this own spontaneous desistance.
Those which are always consummated because the offender cannot perform all the acts necessary to consummate the of-
fense without consummating it.
For instance, physical injuries are formal crimes since these are punished as to result and the gravity of the injury cannot be
determined whether slight, less serious or serious unless and until consummated.
Slander is a formal crime because the moment the defamatory words were uttered and heard by third persons, the crime is
consummated
STAGES OF EXECUTION
DEVELOPMENT OF ACTS
WHAT EXCEPTIONS ILLUSTRATION
Intent, ideas and plans Yung PLANO is not punishable, pero kapag inexecute
are not generally na nya yung plano na patayin si mike dun palang pun-
INTERNA ishable. Meaning yung plano na patayin at yung act ng
punishable, the intention
L ACTS pagpatay dapat connected.
and act must be in
harmony
If for instance ang plano ay patayin si mike pero ang
ginawa ni cess ninakawan nya si mike. the plan and act
must be in harmony.
ESTABLISHMENT OF
On the scenario given yung preparatory hindi pinupun-
STAGES. ish ng revised penal code pero yung act na inistab ni
cess si mike considered as an act of execution.
First stage: PREPARATORY
ACTS Determination of Acts of execution
Second Stage: EITHER At- 1. kung ang pagsaksak kay mike ay planado at ang
tempted or frustrated felony expected nya na mamatay si mike pero hindi na-
(it did not produce the felony matay considered sya as frustrated
he intent to commit.) 2. kung sa pagsaksak kay mike ay planado na dapat
A commission of the felony is deemed commenced when the following are present:
(1) There are external acts.
(2) Such external acts have a direct connection with the crime intended to be committed.
There is an attempt when the offender begins the commission of a felony directly
overt acts.he has not performed all the acts of execution which should produce ANNOTATION
the flony
2 He does not perform all the acts of execution which should produce the Nagaawa nya yun initial action pero hindi
felony; nya nagawa yung second stage para
macommit yung crime.
A commission of the felony is deemed commenced when the following are present:
2 REQUISITES ANNOTATION
(1) There are external acts. Ex. Nag-prepare by means of buying balisong na ipangsaksaksak kay A para sa
planong pagpatay. hindi natin pwedeng ipunish yun dahil di pa nya ginagamit yung
kampit na prinepare nya. kapag ginamit na nya dun papasok yung Attempted,
frustrated at consummated.
DISTINCTIONS
If A bought poison from a drugstore, in preparation for the if A mixed the poison with the food intended for B, and the
killing of B by means of poison, such act is only a latter, not knowing that it contained poison, put into his
preparatory act. mouth a spoonful thereof, the act of A was more than a
mere planning or preparation for the commission of murder.
It is not an overt act, because it has no direct connection The buying of poison and mixing it with the food ofB who
with the crime of murder which A intended to commit. later put into his mouth part thereof to eat it, taken together,
constituted the overt acts of murder. The nature of the ex-
The poison purchased may be used by A to kill rats or ternal act thus performed by A clearly indicated that he in-
insects. Hence, the act of buying poison did not disclose tended to commit the crime of murder. If for some reason
necessarily an intention to kill a person with it. or another, B threw away the food with poison from his
mouth, A is liable for attempted murder.
DISTINCTION
Attempted Felony Frustrated Felony
Not all acts of execution are present The crime sought to be committed is not
BUT
achieved
Due to the reason other than the sponta- Due to the intervening causes independent of
neous desistance of the perpetrator the will of the perpetrator
Why
Habang ine-execute nya yung crime, nakaramdam Habang ineexecute nya yung crime, natigil sya
sya ng kunsensya kaya sya sa sarili nya itinigil nya dahil may intervening cause may pumasok na wala
yung pagcocommit ng crime. sa plano na hindi nya kontrolado.
Offender still in subjective phase because he offender is already in objective phase be-
still has control of his acts, including their cause all acts of execution are already
natural cause present and the cause of its non-accom-
plishment is other than the offenders will.
Dito tinitignan yung remorse mo kasi hindi mo
Position in the timeline
tinuloy on your own yung pagexecute nung act Dito tinitignan na wala kang pagsisisi, determinado
mo. kang magawa yung act mo pero dahil sa may di
inaasahang pangyayari di mo naexecute ng buo
Tinitignan yung morality mo na ikaw sa sarili mo yung crime mo. pero tinitignan na wala kang pagsi-
may set back ka from committing the crime. sisi mas matindi yung penalty ng walang pagsisisi.
Note: Both Stages above did not produce what is planned to commit
In the case of People vs. Lamahang, supra, the final objective of the offender, once he succeeded in entering the store, may
be to rob, to cause physical injury to the inmates, or to commit any other offense. In such a case, there is no justification in
finding the offender guilty of attempted robbery by the use of force upon things.
Hindi mo pa totally nadedetermine kung para saan yung prenepare nung isang tao. We cannot pressumed that it will be use to commit the
crime. He may be punished on the basis of his acts but yung nasa isip nya na act na gagawin nya wala kang assurance.
On the given case above (People vs. Lamahang) Ang plano ni A ay magnakaw sa bahay ni B pumasok sya sa bahay [Knowing na first
stage yun to commit robbery, dahil kung magnanakaw ka sa bahay kailangan mong pumasok sa bahay nung nanakawan mo] on this part of
the story wala pang certain na act na sinasabing magnanakaw sya sa loob ng bahay kahit nagawa nya yung first stage. kasi yung pagpasok
sa bahay pwedeng magnanakaw lang, pero paano kung napatay mo pala yung mga tao sa loob ng bahay then it is not an attempted rob-
bery. hindi natin pwedeng paghawakan yung magnanakaw sya dahil may iba pa syang pwedeng gawin bukod sa magnakaw.
SUBJECTIVE PHASE
That portion of the acts constituting a crime, starting from the point where the offender begins the commission of the crime to
that point where he still has control over his acts including their (acts) natural course
All acts from the beginning going to the point over his control of his acts in their natural course
If between those two points, the offender is stopped by reason of any cause outside of his own voluntary desistance, the sub-
jective phase has not been passed and it is merely an attempt.
DESISTANCE
is an absolutory cause which negates criminal liability because the law encourages a person to desist from committing a
crime.
Kaya binigiyan ng merit kapag ikaw mismo sa attempted ang pumigil na wag ituloy yung overt act.
But, it does not negate all criminal liability, if the desistance was made when acts done by him already resulted in a felony,
Kapag tapos na yung act kahit magsisi pa sya may criminal liability pa din sya. nawawala yung halaga ng set back kapag yung crime nagtu-
The offender will still be criminally liable for the felony brought about by his act.
What is negated49 is only the attempted stage, but there may be other felonies arising from his act.
KINDS OF DESISTANCE
KINDS WHAT ANNOTATION
49
invalidate
SANTIAGO JR. Page 72
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CRIMINAL LAW BOOK ONE REVISED PENAL CODE
Note: The desistance which exempts from criminal liability has reference to the crime intended to be committed, and
has no reference to the crime actually committed by the offender before his desistance
FRUSTRATED STAGE
Elements: ANNOTATION
The end of the subjective phase and the beginning of the objective phase.
Difference:
Bribery and The manner of com- A. If there is a meeting of the minds, there is
Corruption of mitting the crime re-
consummated bribery or consummated
Public Offi- quires the meeting of
cers the minds between the corruption.
B. If there is none, it is only attempted.
giver and the receiver.
Rule of thumb: Felonies that do not require any result do not have a frustrated stage.
MURDER/HOMICIDE/PARRICIDE/INFANTICIDE
Situation: A Prepare all the materials need to kill B In the time of execution A performed all the acts of
execution which produce the result of As Act.
These three factors are helpful in trying to pinpoint whether the crime is still in its attempted, frustrated or consummated
stage.
CONSUMMATED
When all the elements necessary for its execution and accomplishment are present.
JURISPRUDENCE
SUMMATION
CASE TITLE CASE FOCUS
Content content
CASE TITLE
GR. NO.:
PONENTE:
TOPIC/S:
VERDICT:
END POINT:
CITED DOCTRINE/S:
CASE DOCTRINE:
CIRCUMTANCES:
IMPORTANT POINT/S:
COURT DECISIONS:
FACTS
SANTIAGO JR. Page 78
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CRIMINAL LAW BOOK ONE REVISED PENAL CODE
ISSUE
HELD
SYLLABI
PERSONAL ANNOTATION
CONCURRING
DISSENTING
SEPARATE OPINION
OBITER DICTUM
BAR QUESTION
!
BAR QUESTION TOPIC
CONTENT
Article 7
Art. 7. When light felonies are punishable. Light felonies are punishable only when they have
been consummated, with the exception of those committed against person or property.
The penalty for the above-mentioned crimes is arresto menor (imprisonment from one day to thirty days), or a fine not ex-
ceeding P200.
Article 8
Art. 8. Conspiracy and proposal to commit 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 two or more persons come to an agreement concerning the commission
of a felony and decide to commit it.
There is proposal when the person who has decided to commit a felony proposes its execution to
some other person or persons.
CONSPIRACY
Exists when two or more persons come to an agreement concerning the commission of a felony and decide to commit it.
(Article 8, RPC).
General rule: Conspiracy and proposal to commit a felony are not punishable.
Exception: They are punishable only in the cases in which the law specially provides a penalty therefore.
REQUISITES OF CONSPIRACY
1. An agreement concerning the commission of a felony
2. A decision to commit the felony; and
3. Overt acts which, though different, separate and independent of each other, indicate closeness, coordination, or personal
association so as to show a concerted action, common criminal design, community of criminal purpose or joint criminal
objective
Note: There must be participation in the criminal resolution because simple knowledge thereof by a person may only make
him liable as an accomplice.
CONSPIRACY TO COMMIT
Crime Gist
Arson
Rationale: Conspiracy and proposal to commit a crime are only preparatory acts and the law regards them as innocent
or at least permissible except in rare and exceptional cases.
PROPOSAL TO COMMIT
CRIME GIST
Rationale: Conspiracy and proposal to commit a crime are only preparatory acts and the law regards them as innocent
or at least permissible except in rare and exceptional cases.
Application Annotation
REQUISITES OF PROPOSAL
1. That a person has decided to commit a felony; and
2. That he proposes its execution to some other person or persons.
Note: It is not necessary that the person to whom the proposal is made agrees to commit treason or rebellion.
50
[People v. Pangilinan (2003)]
SANTIAGO JR. Page 85
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CRIMINAL LAW BOOK ONE REVISED PENAL CODE
(1) Participants acted in concert or Three persons plan to rob a bank. For
simultaneously or IN ANY WAY as long as the conspirators merely
which is indicative of a meeting entered the bank there is no crime yet.
of the minds towards a common But when one of them draws a gun and
criminal goal or criminal objec- disarms the security guard, all of them
tive. shall be held liable, unless a co-
(2) The act of meeting together is conspirator was absent from the scene
not necessary as long as a of the crime or he showed up, but he
common objective can be dis- tried to prevent the commission of the
ASA BASIS Exec Commissi cerned from the overt acts. crime.
F O R utory on of overt (3) THE ACT MUST BE ACCOM-
LIABILITY acts act PLISHED, if there is only con-
spiracy or proposal, THERE IS
NO CRIME TO BE PUNISHED.
(4) QUANTUM OF PROOF: Rea-
sonably inferred from the acts of
the offenders when such acts
disclose or show a common
pursuit of the criminal objective.
[People v. Pinto]
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CRIMINAL LAW BOOK ONE REVISED PENAL CODE
BAR QUESTION
!
BAR QUESTION TOPIC
CONTENT
Article 9
Art. 9. Grave felonies, less grave felonies and light felonies. Grave felonies are those to which
the law attaches the capital punishment or penalties which in any of their periods are afflictive, in
accordance with Art. 25 of this Code.
Less grave felonies are those which the law punishes with penalties which in their maximum peri-
od are correctional, in accordance with the above-mentioned Art..
Light felonies are those infractions of law for the commission of which a penalty of arrest menor or
a fine not exceeding 200 pesos or both; is provided.
GRAVE FELONIES
They are those felonies to which the law attahes the capital punishment or penalties which in any of their periods are afflic-
tive, in accordance with Art. 25 of this code.
These are:
1. Reclusion perpetua,
2. Reclusion temporal,
3. Perpetual or temporary absolute disqualification,
4. Perpetual or temporary special disqualification,
5. Prisio`n mayor
6. Fines more than Php. 6000
1. Prision correccional,
2. Arresto mayor,
3. Suspension,
4. Destierro.
5. Fines equal to or more than P200 but less than Php 6000
LIGHT FELONIES
infractions of law for the commission of which the penalty of arresto menor or a fine not exceeding 200 pesos, or both, is pro-
vided.
IMPORTANCE OF CLASSIFICATION
1. to determine whether these felonies can be complexed or not
JURISPRUDENCE
SUMMATION
CASE TITLE CASE FOCUS
Content content
CASE TITLE
GR. NO.:
PONENTE:
TOPIC/S:
VERDICT:
END POINT:
CITED DOCTRINE/S:
CASE DOCTRINE:
CIRCUMTANCES:
IMPORTANT POINT/S:
COURT DECISIONS:
FACTS
ISSUE
HELD
SYLLABI
PERSONAL ANNOTATION
CONCURRING
DISSENTING
SEPARATE OPINION
OBITER DICTUM
BAR QUESTION
!
BAR QUESTION TOPIC
CONTENT
Article 10
Art. 10. Offenses not subject to the provisions of this Code. Offenses which are or in the future
may be punishable under special laws are not subject to the provisions of this Code. This Code
shall be supplementary to such laws, unless the latter should specially provide the contrary.
GENERAL RULE
RPC provisions are supplementary to special laws
EXCEPTIONS
1. Where the special law provides otherwise; and
2. when the provisions of the RPC are impossible of application, either by express provision or by necessary implication
Thus, when the special law adopts the penalties imposed in the RPC, such as reclusion perpetua or reclusion temporal, the
provisions of the RPC on imposition of penalties based on stage of execution, degree of participation, and attendance of mit-
igating and aggravating circumstances may be applied by necessary implication
BAR QUESTION
CHAPTER 2
Art. 11. Justifying circumstances. The following do not incur any criminal liability:
1. Anyone who acts in defense of his person or rights, provided that the following circumstances
concur;
2. 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 affinity in the same degrees
and those consanguinity within the fourth civil degree, provided that the first and second requi-
sites 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 there-
in.
3. 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 of this Art. are present and that the person
defending be not induced by revenge, resentment, or other evil motive.
4. Any person who, in order to avoid an evil or injury, does not act which causes damage to an-
other, provided that the following requisites are present;
5. Any person who acts in the fulfilment of a duty or in the lawful exercise of a right or office.
6. Any person who acts in obedience to an order issued by a superior for some lawful purpose.
SANTIAGO JR. Page 92
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CRIMINAL LAW BOOK ONE REVISED PENAL CODE
JUSTIFYING CIRCUMSTANCES
those where the act of a person is said to be in accordance with law, so that such person is deemed not to have transgressed
the law and is free from both criminal and civil liability. There is no civil liability except in par. 4, Art. 11, where the civil liability
is borne by the persons benefited by the act.
Self-defense, must be proved with certainty by sufficient, satisfactory and convincing evidence that excludes any vestige51 of
criminal aggression52 on the part of the person invoking it and it cannot be justifiably entertained where it is not only uncor-
roborated by any separate competent evidence but, in itself, is extremely doubtful53
In self-defense, the burden of proof rests upon the accused. His duty is to establish self-defense by clear and convincing
evidence, otherwise, conviction would follow from his admission that he killed the victim. He must rely on the strength of his
own evidence and not on the weakness of that for the prosecution54
The plea of self-defense cannot be justifiably entertained where it is not only uncorroborated by any separate competent evi-
dence but in itself is extremely doubtful55
(a) The defense of honor. Hence, a slap on the face is considered as unlawful aggression since the face represents a per-
son and his dignity 56
51 indication
52
aggressiveness
(People vs. Mercado, No. L-33492, March 30, 1988, 159 SCRA 453, 458; People vs. Lebumfacil, Jr., No. L-32910, March 28, 1980, 96
53
54(People vs. Clemente, G.R. No. L-23463, September 28, 1967, 21 SCRA 261; People vs. Talaboc, Jr., G.R. No. L-25004, October
31,1969,30 SCRA 87; People vs. Ardisa, G.R. No. L-29351, January 23,1974,55 SCRA 245; People vs. Montejo, No. L-68857, Nov. 21,
1988, 167 SCRA 506, 512; People vs. Corecor, No. L-63155, March 21, 1988, 159 SCRA 84, 87)
55
(People vs. Flores, L-24526, February 29, 1972,43 SCRA 342; Ebajan vs. Court of Appeals, G.R. Nos. 77930-31, Feb. 9, 1989, 170 SCRA
178, 189; People vs. Orongan, No. L-32751, Dec. 21,1988,168 SCRA 586, 597-598; People vs. Mendoza, [CA] 52 O.G. 6233)
56
(Rugas vs, People)
SANTIAGO JR. Page 93
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CRIMINAL LAW BOOK ONE REVISED PENAL CODE
(b) The defense of property rights can be invoked if there is an attack upon the property although it is not coupled with an
attack upon the person of the owner of the premises. All the elements for justification must however be present57
REQUISITE OF SELF-DEFENSE
Requisites APPLICATION ANNOTATION
Unlawful aggression (condition A pointing a gun to discharge against Yung pagtutok ng baril ay threat kay B
sine qua non); B merong pagbabadya. dahil kapag hindi ka
nagapply ng self-defense wala na di mo na
maapply yun dahil kapag naunahan ka
nung putok ng baril at tumama sayo di na
magapply yung self-defense.
Reasonable necessity of the B with no mathematical equation took kung ang pinaka posibleng
means employed to prevent or the nearest thing to use in preventing gamitin ni B to prevent and
repel it; and the aggression showed by A protect himself ay balisong
UNLAWFUL AGGRESSION
There can be no self-defense, complete or incomplete, unless the victim has committed an unlawful aggression against the
person defending himself58
For the right of defense to exist, it is necessary that we be assaulted or that we be attacked, or at least that we be threat-
ened with an attack in an immediate and imminent manner
57 (People v. Narvaez)
58
(People vs. Sazon, G.R. No. 89684, Sept. 18, 1990, 189 SCRA 700, 704; People vs. Bayocot, G.R. No. 55285, June 28,1989,174 SCRA
285,291, citing Ortega vs. Sandi- ganbayan, G.R. No. 57664, Feb. 8, 1989, 170 SCRA 38; Andres vs. CA, No. L-48957, June 23,1987,151
SCRA 268; People vs. Picardal, No. 72936, June 18, 1987, 151 SCRA 170; People vs. Apolinario, 58 Phil. 586)
59
(1 Viada, 5 edicion, 173, p. 3275)
SANTIAGO JR. Page 94
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CRIMINAL LAW BOOK ONE REVISED PENAL CODE
Paramour surprised in the act of adul- The fulfillment of a duty or the exer- "Foot-kick greeting" is not unlawful
tery cannot invoke self- defense if he cise of a right in a more or less violent aggression.
killed the offended husband who was manner is an aggression
assaulting him.
Teodoro Sabio was squatting with a
friend, Irving Jurilla, in a plaza.
In a case, the Supreme Court, in
Romeo Bacobo and two others
denying the paramour's plea of self-
Ruben Minosa and Leonardo Garcia
defense, said: "(E)ven though it were
approached them. All of them were
true and even if the deceased did
close and old friends. Romeo Bacobo
succeed in entering the room in which
then asked Sabio where he spent the
the accused (the paramour and the
holy week. At the same time, he gave
wife of the deceased) were lying, and
Sabio a "foot-kick greeting," touching
did immediately thereupon assault
Sabio's foot with his own left foot.
(the paramour), giving him several
Sabio thereupon stood up and dealt
blows with the bolo which (the de-
Romeo Bacobo a fist blow, inflicting
ceased) carried, that assault was nat-
upon him a lacerated wound, 3/4 inch
ural and lawful, for the reason that it
long, at the upper lid of the left eye. It
was made by a deceived and offend-
took from 11 to 12 days to heal and
ed husband in order to defend his
prevented Romeo Bacobo from work-
honor and rights by punishing the
ing during said period as employee of
offender of his honor, and if he had
Victorias Milling Co., Inc.
killed his wife and (the paramour), he
would have exercised a lawful right
and such acts would have fallen with- Held: A playful kick at the foot by way
in the sanction of Article 423 (now Art. of greeting between friends may be a
247) of the Penal Code . . . The practical joke, and may even hurt; but
Unlawful aggression refers to an attack that has actually broken out or materialized or at the very least is clearly imminent; it
cannot consist in oral threats or a merely threatening stance or posture63
Ex. An attack with fist blows may imperil one's safety from physical injuries. Such an attack is unlawful aggression67
60 (People vs. Crisostomo, No. L-38180, Oct. 23, 1981, 108 SCRA 288, 298)
62(People vs. Pasco, Jr., No. L- 45715, June 24, 1985, 137 SCRA 137; People vs. Bayocot, G.R. No. 55285, June 28, 1989, 174 SCRA 285,
292; People vs. Rey, G.R. No. 80089, April 13, 1989, 172 SCRA 149, 156)
63
(People vs. Lachica, 132 SCRA 230 [1984]; People vs. Tac-an, G.R. Nos. 76338-39, Feb. 26, 1990, 182 SCRA 601, 613) There must be a
real danger to life or personal safety. (People vs. Cagalingan, G.R. No. 79168, Aug. 3, 1990, 188 SCRA 313, 318)
64 danger
66
(People vs. Flores, C.A., 47 O.G. 2969)
67
(People vs. Montalbo, 56 Phil. 443)
SANTIAGO JR. Page 96
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CRIMINAL LAW BOOK ONE REVISED PENAL CODE
No unlawful aggression
insulting words addressed to the accused, no matter how objectionable they may have been, without physical assault,
could not constitute unlawful aggression.
A light push on the head with the hand does not constitute unlawful aggression.
A mere push or a shove, not followed by other acts, does not constitute unlawful aggression.
This doctrine justify the means employed to prevent or repel the person attack. Dito i-justify kung ang ginamit mo ay kutsilyo pansaksak sa
taong aatake sayo tapos yung aatake sayo kasing laki ng hawkogan tama lang yung kutsilyo kasi kung ang gagamitin nung aatakihin ni
hawkogan ay kamao nya tapos knowing na payat sya hindi effective yun para maiwasan nya yung atake nung kasing laki ni hawkogan, kaya
tama ung self-defense na ginamit nya ay kutsilyo.
hindi natin tinitignan yug harm na mapoproduce nung pagsaksak ng kutsilyo kay ataker na kasing laki ni hawkogan dahil kapag self defense
mawawala na yung pagiisip mo kung ano ba dapat gamitin. kaya nga diba sa mga palabas kapag aatakihin na yung isang tao para
makalayo lahat ng mahawakan binabato nya dun sa aatake sa kanya para mapigilan yug pagatake nya para mapigilan nya kailangan
nyang mapabagsak yung taong aatake sa kanya.
TEST OF REASONABLENESS
The means employed depends upon:
68
[People v. Gutual, 324 Phil. 244, 259-260 (1996)].
SANTIAGO JR. Page 97
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CRIMINAL LAW BOOK ONE REVISED PENAL CODE
deceased was a gangster with a Gangster is known for violence, kaya ung
reputation for violence, the use by the dagger to defend himself against the
acccused of a dagger to repel the ganster is reasonable tool.
nature and quality of the weapon
persistent aggression by the
used by the aggressor
deceased with a wooden pestle is
reasonably necessary under the
circumstaces
When a person had inflicted slight physical injuries on another, without intention to inflict other injuries, and the latter attacked
the former, the one making the attack was an unlawful aggressor. The attack made was a retaliation. But where a person is
about to strike another with fist blows and the latter, to prevent or repel the blows, stabs the former with a knife, the act of
striking with fist blows is an unlawful aggression which may justify the use of the knife. If the knife is a reasonable means,
there is self-defense.
For example. A nakikipagbiruan, walang intensyon na i-injure si B tapos si B napikon inattack nya si A yung attack na ginawa ni B ay
RETALLIATION and not self-defense. Tapos ang ginawa ni A nung aatakihin na sya ni B ang ginawa nya sinaksak nya ng kutsilyo si B
bago pa sya maatake ni A. dun may self-defense dahil ung pagsaksak nya defense nya bago pa sya maatake ni B at yung kutsilyo pwede
ma-justify na papasok yung second requisite ng Art. 11. par 2. na reasonable yung pagamit ng kutsilyo.
The unlawful aggression begun by the injured party had Unlawful aggression was still existing when the aggressor
already ceased when the accused attacked was injured by the person making the defense.
When Aggression ceases - When the aggressor retreats, the aggression ceases
Retreat of aggressor aggression ceases, except when retreat is made to take a more advantageous position
to insure the success of the attack, unlawful aggression continues.
Sufficient provocation should not come from the person defending himself/accused, and it must immediately come before
the aggression
Provocation is any unjust or improper conduct or act of the offended party, capable of exciting, inciting or irritating anyone. it
is sufficient when it is adequate to steer one to its commission.
NO PROVOCATION AT ALL
When "A' shot B to death, because B was running amuch and with a dagger was rushing towards A manifestly intending
to stab A, there was no provocation whatsoever on the part of A. The third requisite of self-defense is present
Battered Woman Syndrome refers to a scientifically defined pattern of psychological and behavioural symptoms found in
women living in battering relationships as a result of cumulative abuse.
Battery refers to any act of inflicting physical harm upon the woman or her child resulting to physical and psychological or
emotional distress.
CYCLE OF VIOLENCE
Requirement Application Annotation
69
the Anti- Violence against Women and their Children Act of 2004
SANTIAGO JR. Page !101 of !439
CRIMINAL LAW BOOK ONE REVISED PENAL CODE
If these phases were absolutely occured for 3 times of these cycle of violence, as the law provides, action
made by the wife against her husband may be justified as self-defense.
Accused was found guilty of homicide for stabbing and inside his house when he heard that the wall of his house
killing Rivera. Prosecution claimed that Dela Cruz and was being chiseled. He saw that Fleischer and Rubia,
Rivera had a relationship and that the accused was madly were fencing the land of the father of the deceased Fleis-
in love with the deceased and was extremely jealous of cher. He asked the group to stop but they refused. The
another woman with whom Rivera also had a relationship. accused got mad so he got his shotgun and shot Fleisch-
Dela Cruz claimed, on the other hand, that on her way er. Rubia ran towards the jeep and knowing there is a gun
home one evening, Rivera followed her, embraced and on the jeep, the accused fired at Rubia as well. Narvaez
kissed her and touched her private parts. She didnt know claimed he acted in defense of his person and rights.
that it was Rivera and that she was unable to resist the
strength of Rivera so she got a knife from her pocket and
Held: There was aggression by the deceased not on the
stabbed him in defense of her honor.
person of the accused but on his property rights when
Fleischer angrily ordered the continuance of the fencing.
Held: She is justified in using the pocketknife in repelling The third element of self-defense is also present because
what she believed to be an attack upon her honor. It was there was no sufficient provocation on the part of Narvaez
a dark night and she could not have identified Rivera. since he was sleeping when the deceased where fencing.
There being no other means of self- defense.
Example: When one challenges the deceased to come out of the house and engage in a fist-fight with him and prove who is
the better man.
yung provocation nageexist mostly sa nagsisimula ng gulo, sa nagsimula nagugat yung pagalaw at paglaban nung prinovoke nya.
A was an electrician while B was his assistant. A called B to him, who instead of
approaching asked him, "Why are you calling me?" A considered the retort as a
provocative answer and suddenly threw a 4 by 2 inches piece of wood at B. B retaliated
FACTS
by throwing at A the same piece of wood. A picked up the piece of wood, approached B
and started to beat him with the piece of wood. B defended himself with a screwdriver
and inflicted a mortal wound on A.
END POINT All the elements of self-defense are present in this case.
it is found not only upon a humanitarian sentiment, but also upon the impulse of blood which
INTENT OF THIS PARAGRAPH impels men to rush, on the occasion of great perils, to the rescue of those close to them by
ties of blood.
it is found not only upon a humanitarian sentiment, but also upon the impulse of blood which impels men to rush, on the oc-
casion of great perils, to the rescue of those close to them by ties of blood.
Unlawful aggression Unlawful aggression may not exist as a Si A inatake nya si B gamit ang balisong,
matter of fact; it can be made to depend bumagsak si B at agad na bumangon mula sa
upon the honest belief of the one making atake ni A para depensahan ang kanyang
sarili, si A inatake naman nya si B bumagsak
the defense.
naman si B tapos si A tumayo sa harap ni
Reason: The law acknowledges the pos- B habang si B ay sugatan at bulagta, ang
sibility that a relative, by virtue of blood, plano ni A ay atakihin ulit si B.
will instinctively come to the aid of their
relatives. Dumating yung anak ni B nakita nyang
bulagta at sugatan yung tatay nya at nakita
nyang nakatayo sa harap nung tatay nya si A
ang aatakihin ni A si B ang ginawa nung
anak pinatay nya si A para ipagtangol ang
tatay nya.
In case the provocation In the given scenario above, it shows that the
was given by the person relative through the son of A has no
Although the provocation prejudices the person who gave it, its effects do not reach the defender who took no part
therein, because the latter was prompted by some noble or generous sentiment in protecting and saving a relative
If the these 3 elements were present, this would constitute legitimate defense.
Death of one spouse does not terminate the relationship by affinity established between the surviving spouse and the
blood relatives of the deceased
There is no distinction in the revised penal code whether the descendant should be legitimate or illegitimate; when the
law does not distinguish the courts cannot distinguish
!
SANTIAGO JR. Page !106 of !439
CRIMINAL LAW BOOK ONE REVISED PENAL CODE
The ordinary person would not stand idly by and see his companion killed without attempting
INTENT OF THIS ARTICLE
to save his life.
Unlawful aggression;
JURISPRUDENCE
PONENTE: PANGANIBAN, J.
Appellant (who was pregnant at that time), in her testimony, she and her husband Ben, had a
quarrel. When she was about to pack her clothes as the quarrel had graver, her husband al-
legedly flew into a hot temper, dragged appellant outside of the bedroom towards a drawer
holding her by the neck. Ben got a blade, as the drawer - that contained a gun, was locked.
She however, smashed the arm of Ben with a pipe, causing him to drop the blade and his wal-
let. Appellant then smashed Ben at his back with the pipe as he was about to pick up the blade
and his wallet. She thereafter ran inside the bedroom. Appellant, however, insisted that she
TRIGGER OF THE ended the life of her husband by shooting him. She supposedly twisted the drawer where the
FACTS:
gun was and shot Ben. He did not die on the spot, though, but in the bedroom.
It should be noted that appellant was physically abused by her husband. The defense present-
ed Dra. Dayan, a psychologist and believed that appellant is suffering the Battered Woman
Syndrome. Another decorated expert, Dr. Alfredo Pajarillo, a physician, Dr. Pajarillo said that at
the time she killed her husband appellant's mental condition was that she was re-experiencing
the trauma.
TRIGGER OF THE Can Marivic Genosa be granted the Justifying circumstance of Self-defense, and can she be
ISSUE/S: held liable for the aggravating circumstance of treachery?
For the first issue, the SC held that the defense failed to establish all the elements of self-
defense arising from battered woman syndrome, to wit:
(a) Each of the phases of the cycle of violence must be proven to have characterized at least
two battering episodes between the appellant and her intimated partner;
TRIGGER OF THE
(b) The final acute battering episode preceding the killing of the batterer must have produced
RULING:
in the battered persons mind an actual fear of an imminent harm from her batterer and an
honest belief that she needed to use force in order to save her life, and;
(c) At the time of the killing, the batterer must have posed probable not necessarily
immediate and actual grave harm to the accused based on the history of violence
perpetuated by the former against the latter.
The conviction of Appellant Marivic Genosa for parricide is hereby AFFIRMED. However, there
being two (2) mitigating circumstances and no aggravating circumstance attending her
VERDICT:
commission of the offense, her penalty is REDUCED to six (6) years and one (1) day of prision
mayor as minimum; to 14 years, 8 months and 1 day of reclusion temporal as maximum.
Where the brutalized person is already suffering from BWS, further evidence of actual physical
assault at the time of the killing is not required. Incidents of domestic battery usually have a
predictable pattern. To require the battered person to await an obvious, deadly attack before
END POINT:
she can defend her life "would amount to sentencing her to 'murder by installment.' Still, im-
pending danger (based on the conduct of the victim in previous battering episodes) prior to the
defendant's use of deadly force must be shown. Threatening behavior or communication can
satisfy the required imminence of danger. Considering such circumstances and the existence
of BWS, self-defense may be appreciated.
CASE DOCTRINE:
Note: The existence of battered woman syndrome in a relationship does not in itself establish
a legal right of a woman to kill her partner. Evidence must still be considered in the context of
self-defense
The wife had suffered maltreatment from her husband for over eight years. She was 8 months
pregnant when, one evening, her husband came home drunk and started to batter her.
Shouting that his wife "might as well be killed so there will be nobody to nag" him, he dragged
her towards a drawer where he kept a gun, but was not able to open the drawer because it
was locked. So he got out a cutter from his wallet, but dropped it. She was able to hit his arm
CIRCUMTANCES: with a pipe and escape into another room. The wife, thinking of all the suffering that her
husband had been inflicting on her, and thinking that he might really kill her and her unborn
child, distorted the drawer and got the gun. She shot her husband, who was by then asleep on
the bed. She was tried and convicted for parricide, which is punishable by reclusion perpetua
(20 years and 1 day to 40 years) to death. On appeal, she alleged "battered woman
syndrome" as a form of self-defense.
IMPORTANT
POINT/S:
RTC -
COURT CA -
DECISIONS:
SC -
FACTS
That Marivic Genosa, the Appellant on the 15November1995, attacked and wounded his husband, which ultimately led to his
death. According to the appellant she did not provoke her husband when she got home that night it was her husband who
The Appellant testified that during her marriage she had tried to leave her husband at least five (5) times, but that Ben would
always follow her and they would reconcile. The Apellant said that the reason why Ben was violent and abusive towards her
that night was because 'he was crazy about his recent girlfriend, Lulu Rubillos.
The Appellant after being interviewed by specialists, has been shown to be suffering from Battered Woman Syndrome.
The appellant with a plea of self defense admitted the killing of her husband, she was then found guilty of Parricide, with the
aggravating circumstance of treachery, for the husband was attacked while asleep.
ISSUE
Can Marivic Genosa be granted the Justifying circumstance of Self-defense, and can she be held liable for the aggravating
circumstance of treachery?
HELD
No, There is treachery when one commits any of the crimes against persons by employing means, methods or forms in the
execution thereof without risk to oneself arising from the defense that the offended party might make.
The circumstances must be shown as indubitably as the killing itself; they cannot be deduced from mere inferences, or con-
jectures, which have no place in the appreciation of evidence. Besides, equally axiomatic is the rule that when a killing is
preceded by an argument or a quarrel, treachery cannot be appreciated as a qualifying circumstance, because the deceased
may be said to have been forewarned and to have anticipated aggression from the assailant.
In the present case, however it was not conclusively shown, that the appellant intentionally chose a specific means of suc-
cessfully attacking her husband without any risk to herself from any retaliatory act that he might make. To the contrary, it ap-
pears that the thought of using the gun occurred to her only at about the same moment when she decided to kill her spouse.
In the absence of any convincing proof that she consciously and deliberately employed the method by which she committed
the crime in order to ensure its execution, the doubt should be resolved in her favor.
SYLLABI
Same; Same; Justifying Circumstances; Self-defense; In criminal cases, self-defense shifts the burden of proof from
the prosecution to the defense.When the accused admits killing the victim, it is incumbent upon her to prove any claimed
justifying circumstance by clear and convincing evidence. Well-settled is the rule that in criminal cases, self-defense (and
similarly, defense of a stranger or third person) shifts the burden of proof from the prosecution to the defense.
Same; Same; Same; Same; Battered Woman Syndrome (BWS); The concept has been recognized in foreign jurisdic-
tions as a form of self-defense or, at the least, incomplete self-defense.In claiming self-defense, appellant raises the
novel theory of the battered woman syndrome. While new in Philippine jurisprudence, the concept has been recognized in
foreign jurisdictions as a form of self-defense or, at the least, incomplete self-defense. By appreciating evidence that a victim
or defendant is afflicted with the syndrome, foreign courts convey their understanding of the justifiably fearful state of mind of
a person who has been cyclically abused and controlled over a period of time.
Same; Same; Same; Same; Same; Battered Woman, defined; In order to be classified as a battered woman, the
couple must go through the battering cycle at least twice.A battered woman has been defined as a woman who 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. Battered women include wives or women in any form of intimate relationship
with men. Furthermore, in order to be classified as a battered woman, the couple must go through the battering cycle at least
twice. Any woman may find herself in an abusive relationship with a man once. If it occurs a second time, and she remains in
the situation, she is defined as a battered woman.
Same; Same; Same; Same; Same; Battered women exhibit common personality traits.Battered women exhibit com-
mon personality traits, such as low self-esteem, traditional beliefs about the home, the family and the female sex role; emo-
tional dependence upon the dominant male; the tendency to accept responsibility for the batterers actions; and false hopes
that the relationship will improve.
Same; Same; Same; Same; Same; Cycle of Violence; Phases; Tension-Building Phase; During the tension-building
phase, minor battering occursit could be verbal or slight physical abuse or another form of hostile behavior.Dur-
ing the tension-building phase,minor battering occursit could be verbal or slight physical abuse or another form of hostile70
behavior. The woman usually tries to pacify the batterer through a show of kind, nurturing behavior; or by simply staying out
of his way. What actually happens is that she allows herself to be abused in ways that, to her, are comparatively minor. All
she wants is to prevent the escalation of the violence exhibited by the batterer. This wish, however, proves to be double-
edged, because her placatory71 and passive behavior legitimizes his belief that he has the right to abuse her in the first
place. However, the techniques adopted by the woman in her effort to placate him are not usually successful, and the verbal
and/or physical abuse worsens. Each partner senses the imminent loss of control and the growing tension and despair. Ex-
hausted from the persistent stress, the battered woman soon withdraws emotionally. But the more she becomes emotionally
unavailable, the more the batterer becomes angry, oppressive and abusive. Often, at some unpredictable point, the violence
spirals out of control and leads to an acute battering incident.
Same; Same; Same; Same; Same; Acute Battering Incident; The acute battering incident is said to be characterized
by brutality, destructiveness and, sometimes, death.The acute battering incidentis said to be characterized by brutality,
destructiveness and, sometimes, death. The battered woman deems this incident as unpredictable, yet also inevitable. Dur-
ing this phase, she has no control; only the batterer may put an end to the violence. Its nature can be as unpredictable as the
time of its explosion, and so are his reasons for ending it. The battered woman usually realizes that she cannot reason with
him, and that resistance would only exacerbate her condition. At this stage, she has a sense of detachment from the attack
and the terrible pain, although she may later clearly remember every detail. Her apparent passivity in the face of acute vio-
lence may be rationalized thus: the batterer is almost always much stronger physically, and she knows from her past painful
experience that it is futile to fight back. Acute battering incidents are often very savage and out of control, such that innocent
bystanders or intervenors are likely to get hurt.
Same; Same; Same; Same; Same; Same; Same; Tranquil Period; The final phase of the cycle of violence begins
when the acute battering incident endsduring this tranquil period, the couple experience profound relief.The final
phase of the cycle of violence begins when the acute battering incident ends. During this tranquil period, the couple experi-
ence profound relief. On the one hand, the batterer may show a tender and nurturing behavior towards his partner. He knows
that he has been viciously cruel and tries to make up for it, begging for her forgiveness and promising never to beat her
70
unfriendly, confrontalnation
71
Intended to make some less angry or hostile
SANTIAGO JR. Page 112
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CRIMINAL LAW BOOK ONE REVISED PENAL CODE
again. On the other hand, the battered woman also tries to convince herself that the battery will never happen again; that her
partner will change for the better; and that this good, gentle and caring man is the real person whom she loves. A battered
woman usually believes that she is the sole anchor of the emotional stability of the batterer. Sensing his isolation and despair,
she feels responsible for his well-being. The truth, though, is that the chances of his reforming, or seeking or receiving pro-
fessional help, are very slim, especially if she remains with him. Generally, only after she leaves him does he seek profes-
sional help as a way of getting her back. Yet, it is in this phase of remorseful reconciliation that she is most thoroughly tor-
mented psychologically. The illusion of absolute inter dependency is well-entrenched in a battered womans psyche. In this
phase, she and her batterer are indeed emotionally dependent on each othershe for his nurturant behavior, he for her for-
giveness. Underneath this miserable cycle of tension, violence and forgiveness, each partner may believe that it is better to
die than to be separated. Neither one may really feel independent, capable of functioning without the other.
Same; Same; Same; Same; Elements; One who resorts to self-defense must face a real threat on ones life, not
merely imaginary.Settled in our jurisprudence, however, is the rule that the one who resorts to self-defense must face a
real threat on ones life; and the peril sought to be avoided must be imminent and actual, not merely imaginary. Thus, the
Revised Penal Code provides the following requisites and effect of self-defense: Art. 11. Justifying circumstances.The
following do not incur any criminal liability: 1. Anyone who acts in defense of his person or rights, provided that the following
circumstances 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.
Same; Same; Same; Same; Same; Unlawful aggression; Unlawful aggression is the most essential element of self-
defense.Unlawful aggression is the most essential element of self-defense. It presupposes actual, sudden and unexpected
attackor an imminent danger thereofon the life or safety of a person.
Same; Same; Same; Same; Same; Same; Aggression, if not continuous, does not warrant self-defense.Aggression,
if not continuous, does not warrant self-defense. In the absence of such aggression, there can be no self-defensecomplete
or incompleteon the part of the victim.
Same; Same; Mitigating Circumstances; Passion and Obfuscation; Requisites; To appreciate this circumstance, the
following requisites should concur.In addition, we also find in favor of appellant the extenuating circumstance of having
acted upon an impulse so powerful as to have naturally produced passion and obfuscation. It has been held that this state of
mind is present when a crime is committed as a result of an uncontrollable burst of passion provoked by prior unjust or im-
proper acts or by a legitimate stimulus so powerful as to overcome reason. To appreciate this circumstance, the following
requisites should concur: (1) there is an act, both unlawful and sufficient to produce such a condition of mind; and (2) this act
is not far removed from the commission of the crime by a considerable length of time, during which the accused might recov-
er her normal equanimity.
PERSONAL ANNOTATION
CONCURRING
DISSENTING
SANTIAGO JR. Page 113
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CRIMINAL LAW BOOK ONE REVISED PENAL CODE
YNARES-SANTIAGO, J., Dissenting Opinion:
Same; Same; Same; Same; Same; Once BWS and an impending danger based on the conduct of the deceased in
previous battering episodes are established, actual occurrence of an assault is no longer a condition sine qua non
before self-defense may be upheld.Traditionally, in order that self-defense may be appreciated, the unlawful aggression
or the attack must be imminent and actually in existence. This interpretation must, however, be re-evaluated vis--vis the
recognized inherent characteristic of the psyche of a person afflicted with the Battered Woman Syndrome. As previously
discussed, women afflicted by this syndrome live in constant fear for their life and thus respond in self-defense. Once BWS
and an impending danger based on the conduct of the deceased in previous battering episodes are established, actual oc-
currence of an assault is no longer a condition sine qua non before self defense may be upheld. Threatening behavior or
communication can satisfy the required imminence of danger. As stated in the ponencia, to require the battered person to
await an obvious deadly attack before she can defend her life would amount to sentencing her to murder by installment.
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Article 12
Art. 12. Circumstances which exempt from criminal liability. the following are exempt from crim-
inal liability:
1. 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 permis-
sion of the same court.
3. 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 the provisions of Art. 80 of
this Code.
When such minor is adjudged to be criminally irresponsible, the court, in conformably with the
provisions of 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. Any person who, while performing a lawful act with due care, causes an injury by mere accident
without fault or intention of causing it.
6. Any person who acts under the impulse of an uncontrollable fear of an equal or greater injury.
7. Any person who fails to perform an act required by law, when prevented by some lawful insu-
perable cause.
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PERSONAL ANNOTATION
CONCURRING
DISSENTING
SEPARATE OPINION
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CHAPTER 3
Article 13
1. Those mentioned in the preceding chapter, when all the requisites necessary to justify or to ex-
empt from criminal liability in the respective cases are not attendant.
2. That the offender is under eighteen year of age or over seventy years. In the case of the minor,
he shall be proceeded against in accordance with the provisions of Art. 80.
3. That the offender had no intention to commit so grave a wrong as that committed.
4. That sufficient provocation or threat on the part of the offended party immediately preceded the
act.
5. That the act was committed in the immediate vindication of a grave offense to the one commit-
ting the felony (delito), his spouse, ascendants, or relatives by affinity within the same degrees.
6. That of having acted upon an impulse so powerful as naturally to have produced passion or ob-
fuscation.
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 the evi-
dence for the prosecution;
8. 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. 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. And, finally, any other circumstances of a similar nature and analogous to those above men-
tioned.
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