Beruflich Dokumente
Kultur Dokumente
College of Law
CRIMINAL LAW 1
COURSE OUTLINE and CASE LIST
Professor: Atty. Dimpna D. Bermejo-Dulay, M.S. Chem., Phd.
Article 14. AGGRAVATING CIRCUMSTANCES PAR. 4. THAT THE ACT BE COMMITTED WITH ABUSE OF
o KINDS of Aggravating Circumstances: CONFIDENCE OR OBVIOUS UNGRATEFULNESS
1) GENERIC
2) SPECIFIC Cases:
3) QUALIFYING - People vs. Caliso, G.R. No. 37271, July 1, 1933
4) INHERENT - People vs. Lora, G.R. No. L-49430, March 30, 1982
5) SPECIAL - People vs Mandolado, G.R. No. L-51304-05, June 28, 1983
- People v. Arrojado, G.R. No. 130492. January 31, 2001
o What are the distinctions between Generic aggravating
and Qualifying circumstances? PAR. 5. THAT THE CRIME BE COMMITTED IN THE
PALACE OF THE CHIEF EXECUTIVE OR IN HIS PRESENCE,
SEE: RA No. 9165 or COMPREHENSIVE DANGEROUS OR WHERE PUBLIC AUTHORITIES ARE ENGAGED IN THE
DRUGS ACTS OF 2002, as Qualifying Aggravating DISCHARGE OF THEIR DUTIES, OR IN A PLACE
Circumstance DEDICATED TO RELIGIOUS WORSHIP
o Distinctions between par. 5 and par. 2
Cases:
- People vs Costales, GR No. 141154-56, January 15, 2002 Cases:
- People vs. De Leon, GR No. 179943, June 26, 2009 - People vs Jaurigue, C.A. No. 384, February 21, 1946
- Sombilon vs. PP, G.R. No. 175528, September 30, 2009
- People vs. Dadulla, G. R. No. 172321, February 9, 2011 PAR. 6. THAT THE CRIME BE COMMITTED IN THE NIGHT
TIME, OR IN AN UNINHABITED PLACE (DESPOBLADO),
PAR. 1. THAT ADVANTAGE BE TAKEN BY THE OR BY A BAND
OFFENDER OF HIS PUBLIC POSITION
Cases:
Cases: -People vs. Laguardia GR No. L-63423, February 27, 1987
- People vs. Mandolado, G.R. No. L-51304, June 28, 1983 -People vs Marra, G.R. No. 108494, September 20, 1994
- People vs. Gapasin, G.R. No. 73489, April 25, 1994 -People vs Desalisa, G.R. No. 95262 January 4, 1994
- People vs Villa, GR No. 129899, April 27, 2000 -People v. Librando, G.R. No. 132251. July 6, 2000
- PP vs. Villamor, GR No. 140407-08, January 15, 2002 -People vs. Ventura, G.R. No. 148145-46, July 5, 2004
- People vs. Fallorina, G.R. No. 137347, March 4, 2004
SEE:
PAR. 2. THAT THE CRIME BE COMMITTED IN Article 62, RPC (ORGANIZED/SYNDICATED CRIME GROUP)
CONTEMPT OF OR WITH INSULT TO THE PUBLIC PD 1866, as amended by R.A. No. 8294
AUTHORITIES Section 29 of R.A. No. 10591 [USE OF UNLICENSED FIREARM
AND EXPLOSIVES]
Who is a Person in authority?
Is it necessary that the offender has knowledge that
the public authority is present? Cases:
- People vs Walpan Ladjaamlam, GR No. 136149-51,
September 19, 2000
Cases:
- People vs Avecilla, GR No. 117033, February 15, 2001
- People vs. Rodil, G.R. No. L-35156, November 20, 1981
- People vs Agcanas, GR No. 174476, October 11, 2011
PAR. 3. WITH INSULT OR LACK OR REGARD DUE TO
PAR. 7. THAT THE CRIME BE COMMITTED ON THE
OFFENDED PARTY BY REASON OF RANK, AGE, OR SEX,
OCCASION OF A CONFLAGRATION, SHIPWRECK,
DWELLING
EARTHQUAKE, EPIDEMIC OR OTHER CALAMITY OR
MISFORTUNE
Rank of the offended party- Designation or title used to
fix the relative position of the offended party in
PAR. 8. THAT THE CRIME BE COMMITTED WITH THE AID
reference to others. There must be a difference in the
OF ARMED MEN, OR PERSONS WHO INSURE OR AFFORD
social condition of the offender and the offended
IMPUNITY
party.
Distinctions of Par. 6: By a Band and Par. 8: With Aid
Age of the offended party- May refer to old age or
of Armed Men
tender age of the victim.
Sex of the offended party- This refers to the female
Case:
sex, not to the male sex.
- People vs. Lozano, GR Nos. 137370-71, September 29, 2003
Dwelling (Morada)- Building or structure, exclusively
- People vs. Carino, G.R. No. 131117, June 15, 2004
used for rest and comfort.
- People vs. Enoja, GR No. 204894, March 10, 2014
Cases:
PAR. 9. THAT THE ACCUSED IS A RECIDIVIST
- People vs Santos, GR No. L-4189, May 21, 1952
(REINCIDENCIA)
- People vs Daniel, G.R. No. L-40330 November 20, 1978
RPC, Articles 160
- People vs. Rodil, G.R. No. L-35156, November 20, 1981
- People v. Tao, G.R. No. 133872. May 5, 2000
- People vs. Reyes, G.R. No. 153119, April 13, 2004 PAR. 10. REITERACION OR HABITUALITY
- People vs. Evangelio, G.R. No. 181902, August 31, 2011 RPC, Articles 62(5) & 160
Par. 9: Recidivism vs. Par. 10: Reiteracion
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Jose Maria College
College of Law
CRIMINAL LAW 1
COURSE OUTLINE and CASE LIST
Professor: Atty. Dimpna D. Bermejo-Dulay, M.S. Chem., Phd.
PAR. 11. THAT THE CRIME BE COMMITTED IN What are those instances that may be absorbed by
CONSIDERATION OF A PRICE, REWARD, OR PROMISE treachery?
Can treachery co-exist with passion or obfuscation?
Case:
- U.S. v. Gamao, G.R. No. L-6942, August 30, 1912 Cases:
- People vs Jose, GR No. 130666, January 31, 2000
PAR. 12. INUNDATION, FIRE, POISON - People vs Pansensoy, GR No. 140634, September 12, 2002
- People vs. Villacorta, G.R. No. 186412, September 7, 2011
PAR. 13. THAT THE ACT BE COMMITTED WITH EVIDENT - People vs Yanson, GR No. 179195, October 3, 2011
PREMEDITATION - People vs. Agacer, G.R. No. 177751, December 14, 2011
What is the essence of premeditation? - People vs Nelmida, GR No. 184500, September 11, 2012
What is the rule in appreciating evident premeditation - People vs. Aquino G.R. No. 201092 January 15, 2014
in error in personae and aberratio ictus? - People vs. Gunda, G.R. No. 195525, February 5, 2014
- People vs. Feliciano, G.R. No. 196735 May 5, 2014
o GR: Evident premeditation is not appreciated in error - People vs Matibag G.R. No. 206381 March 15, 2015
in personae and aberratio ictus.
o XPNs: PAR. 17. IGNOMINY
1. When there is no particular intended victim or Is there ignominy when a man is killed in the presence
particular person to kill. of his wife?
2. Where the victim belonged to the same class or
family designated by the accused. Cases:
- People vs. Jose, et. al, 37 SCRA 450 (1971)
Does conspiracy presuppose premeditation? - People v. Bumidang G.R. No. 130630. December 4, 2000
- PP vs. Cachola, GR Nos. 148712-15, January 21, 2004
Cases:
- People vs. Lug-aw, G.R. No. 85735. January 18, 1994
- People vs Ilao-a, G.R. No. 94308, June 16, 1994 PAR. 18. THAT THE CRIME BE COMMITTED AFTER AN
- People vs. Zeta, G.R. No. 178541, March 27, 2008 UNLAWFUL ENTRY.
- People vs. Falabrica, GR No. 188124, June 29, 2010
- People vs. Sanchez, G.R. No. 188610, June 29, 2010 Cases:
- People v. Gabrino, G.R. No. 189981, March 9, 2011 - People vs. Baello, 224 SCRA 218 (1993)
- PP vs. Alinao, GR No. 191256, September 18, 2013
- PP vs. Sabangan, GR No. 191722, December 11, 2013 PAR. 19. THAT AS A MEANS TO THE COMMISSION OF
THE CRIME, A WALL, ROOF, FLOOR, DOOR OR WINDOW
PAR. 14. THAT CRAFT, FRAUD OR DISGUISE BE BE BROKEN
EMPLOYED Distinctions between BREAKING WALL and UNLAWFUL
ENTRY
Cases:
- People vs. Marquez, 117 SCRA 165 (1982) PAR. 20. THAT THE CRIME BE COMMITTED WITH THE
- People vs. Empacis, 222 SCRA 59 (1994) AID OF PERSONS UNDER FIFTEEN YEARS OF AGE OR BY
- People v. Labuguen G.R. No. 127849. August 9, 2000 MEANS OF MOTOR VEHICLES, ETC.
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Jose Maria College
College of Law
CRIMINAL LAW 1
COURSE OUTLINE and CASE LIST
Professor: Atty. Dimpna D. Bermejo-Dulay, M.S. Chem., Phd.
SEE:
Article 17. PRINCIPALS
R.A. No. 10586 An Act Penalizing Persons Driving
o What are the different classifications of criminal
Under the Influence of Alcohol, Dangerous Drugs and
responsibility?
Similar Substances
1. Individual criminal responsibility
R.A. No. 9262 Anti-Violence Against Women and
2. Quasi - collective criminal responsibility
Their Children Act of 2004, Section 27
3. Collective criminal responsibility
o When is Intoxication considered mitigating?
o KINDS OF PRINCIPALS
o When is Intoxication considered Aggravating?
By Direct Participation
o Person considered as Habitual Drunkard
By Inducement/ Induction
o Basis of whether intoxication is mitigating or not
By Indispensable Cooperation
o When shall being under the influence of alchohol not be a
defense?
o What are the distinctions between principal by inducement
from the offender who made proposal to commit a felony?
Cases:
- People vs. Camano, GR No L-36662-63, July 30, 1982
Cases:
- People vs. Renejane, 158 SCRA 258 (1998)
- People vs Quillosa, GR No. 115867, February 17, 2000
- People vs Tambis, GR No. 124452, July 28, 1999
- People vs. Janjalani, GR No. 188314, January 10, 2011
- People vs. Fontillas, GR No. 184177, December 15, 2010
- Guillergan vs. People, GR No. 185493, February 2, 2011
- People vs. Patelan, G.R. No. 182918, June 6, 2011
- Ambagan vs People, GR NO. 204481-82, October 14, 2015
Cases:
Cases:
- People vs. Macatanda, GR No. L-51368, November 6, 1981
- People vs. Mandolado, 123 SCRA 133 (1983)
- People vs Enot, GR No. L-17530, October 30, 1962
- People vs Doctolero, 193 SCRA 632 (1991)
- People vs Lansanas, GR No. L-1622, December 2, 1948 - People vs Tamayo, GR No. 138608, September 24, 2002
- People vs. Cruz, Jr., GR No. 168446, September 18, 2009
ABSOLUTORY CAUSES - People vs. PO1 Eusebio G.R. No. 182152, February 25, 2013
What are absolutory causes? - People vs. Salvador, GR No. 201443, April 10, 2013
Are the grounds under Art. 89 ad Art. 344 of the RPC, - People vs. Gambao, GR No. 172707, October 01, 2013
absolutory causes?
Article 19. ACCESSORIES
(1) Instigation
Distinguish fully between entrapment and instigation
Cases:
in criminal law. (2003 Bar Question)
- People vs. Inovera, et.al. (65 OG 3168)
Determination of whether the act is an entrapment or
- Vio vs. People (G.R. No. 84163, October 19, 1989)
instigation.
- People vs. Ortega Jr. et.al. (G.R. No. 116736, July 24, 1997)
- People vs Talingdan, 84 SCRA 19 (1978)
Cases:
- People vs Doria, GR No. 131638-39, March 26, 2001
INSTANCES WHEN ONE BECOMES AN ACCESSORY
- People v. Pacis, G.R. No. 146309. July 18, 2002
PD 1612 vs Article 19(1) of the RPC
- People vs. Espiritu, G.R. No. 180919, January 9, 2013
Cases:
(2) Pardon
- Hizon-Pamintuan vs. People, G.R. No. 11414, July 11, 1994
- Tan vs. People, G.R. No. 134298, August 26, 1999
General rule: Pardon does not extinguish criminal action
- Francisco vs. People, G.R. No. 146584, July 12, 2004
[Article 23, RPC]
- Ong vs. People, GR No. 190475, April 10, 2013
Exception: Pardon by marriage between the accused and
the offended party in cases of SEDUCTION, ABDUCTION,
RAPE AND ACTS OF LASCIVIOUSNESS [Art. 344] SEE:
PD No. 1612 (ANTI-FENCING LAW)
(3) Other Absolutory Causes PD No. 532 (ANTI-PIRACY AND ANTI-HIGHWAY
(4) Acts not covered by law and in case of excessive ROBBERY LAW OF 1974)
punishment PD No. 1829 (OBSTRUCTION OF JUSTICE)
Cases:
- Intestate Estate of Gonzales vs. People, G.R. No. 181409,
February 11, 2010
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Jose Maria College
College of Law
CRIMINAL LAW 1
COURSE OUTLINE and CASE LIST
Professor: Atty. Dimpna D. Bermejo-Dulay, M.S. Chem., Phd.
9
Jose Maria College
College of Law
CRIMINAL LAW 1
COURSE OUTLINE and CASE LIST
Professor: Atty. Dimpna D. Bermejo-Dulay, M.S. Chem., Phd.
Article 35. EFFECTS OF BOND TO KEEP THE PEACE Article 46. PENALTY TO BE IMPOSED UPON PRINCIPALS IN
What is the distinction between a BOND TO KEEP THE GENERAL
PEACE, a BAIL BOND, and a BOND FOR GOOD
BEHAVIOR?
10
Jose Maria College
College of Law
CRIMINAL LAW 1
COURSE OUTLINE and CASE LIST
Professor: Atty. Dimpna D. Bermejo-Dulay, M.S. Chem., Phd.
SPECIAL COMPLEX/ COMPOSITE CRIMES Article 58. ADDITIONAL PENALTY FOR CERTAIN
ACCESSORIES
o KIDNAPPING WITH HOMICIDE
- Old rule: (1) Where the accused kidnapped the victim
Article 59. PENALTY FOR AN IMPOSSIBLE CRIME
for the purpose of killing him, and he was in fact killed
by his abductor, the crime committed was the complex
crime of kidnapping with murder as the kidnapping of Articles 60-65. RULES FOR GRADUATION OF PENALTIES
the victim was a necessary means of committing the o Differentiate period from degree
murder. (2) Where the victim was kidnapped not for the o What are the rules for the application of indivisible
purpose of killing him but was subsequently slain as an penalties?
afterthought, two (2) separate crimes of kidnapping o What are the rules for the application of penalties which
and murder were committed. contain three periods?
- Present rule: Where the person kidnapped is killed in o When is the graduated scale followed?
the course of the detention, regardless of whether the
killing was purposely sought or was merely an Case:
afterthought, the kidnapping and murder or homicide - People vs. Mantalaba, G.R. No. 186227, July 10, 2011
can no longer be complexed, nor be treated as
separate crimes, but shall be punished as a special Article 66. IMPOSITION OF FINES
complex crime
Article 67. PENALTY WHEN NOT ALL REQUISITES OF
Cases: EXEMPTION OF ARTICLE 12 (4TH CIRCUMSTANCES) IS NOT
- People vs. Ramos, G.R. No. 118570, October 12, 1998 PRESENT
- People vs. Larranaga, 138874-75, February 3, 2004
- People vs. Roxas, GR No. 172604, August 17, 2010
- People vs. Montanir, GR No. 187534, April 04, 2011
Article 68. PRIVILEGED MITIGATING CIRCUMSTANCES
- People vs. Dionaldo, G.R. No. 207949, July 23, 2014
CRIMINAL LAW 1
COURSE OUTLINE and CASE LIST
Professor: Atty. Dimpna D. Bermejo-Dulay, M.S. Chem., Phd.
SEE: SEE:
PD 603, as Amended (CHILD AND YOUTH WELFARE ACT NO. 3326, as Amended [PRESCRIPTION OF CRIMES,
CODE) PRESCRIPTION OF VIOLATIONS OF SPECIAL LAWS]
R.A. 9344 (JUVENILE JUSTICE AND WELFARE LAW)
AM No. 02-1-18-SC (November 24, 2009) General rule: Prescription of the crime begins on the day
the crime was committed; Exceptions
Cases: Blameless ignorance doctrine - Generally, the prescriptive
- Declarador vs. Gubaton, G.R No. 159208, August 18, 2006 period shall commence to run on the day the crime is
- Padua vs. People, G.R. No. 168546, July 23, 2008 committed. An exception to this rule is the "blameless
- People vs. Sarcia, G.R. No. 169641, September 10, 2009 ignorance" doctrine, incorporated in Section 2 of Act No.
- Reminedo vs. People, G.R. No. 184874, October 9, 2009 3326.
- People vs. Jacinto, G.R. No. 182239, March 16, 2011 INTERRUPTION OF PRESCRIPTION;
- People vs. Salcedo, G.R. No. 186523, June 22, 2011 o Exceptions:
- People vs Ancajas, G.R. No. 199270, October 21, 2015 1. Violation of Ordinance
- People vs Deliola, G.R. No. 200157, August 31, 2016 2. Invalid Proceeding
CRIMINAL LAW 1
COURSE OUTLINE and CASE LIST
Professor: Atty. Dimpna D. Bermejo-Dulay, M.S. Chem., Phd.
Article 92. WHEN AND HOW PENALTIES PRESCRIBE Article 100. EVERY PERSON CRIMINALLY LIABLE IS ALSO
CIVILLY LIABLE
Article 93. COMPUTATION OF PRESCRIPTION OF PENALTIES
What are the rules in prescription of penalties? Cases:
- Garcia vs. Court of Appeals, G.R. No. 119063. January 27, 1997
Cases: - Romero vs People, G.R. No. 167546, July 17, 2009
- Del Castillo vs. Torrecampo, December 18, 2002 - Dy vs People, G.R. No. 189081, August 10, 2016
- Tanega v. Masakayan, G.R. No. 141718, 2005
- Pangan vs. Gatbalite, January 21, 2007 Article 101. RULES REGARDING CIVIL LIABILITY IN CERTAIN
- Lumantas vs Calapiz GR No 163753 January 15, 2014 CASES
- Daluraya vs. Oliva G.R. No. 210148 December 8, 2014
- Basilonia vs Villaruz, G.R. Nos. 191370-71, August 10, 2015 Article 102. SUBSIDIARY CIVIL LIABILITY OF INNKEEPERS,
TAVERN KEEPERS AND PROPRIETORS OF
Article 94. PARTIAL EXTINCTION OF CRIMINAL LIABILITY ESTABLISHMENTS.
SEE: R.A. No. 10592 and its Implementing Rules and Article 103. SUBSIDIARY CIVIL LIABILITY OF OTHER
Regulations PERSONS
Cases:
- Bernardo vs Balagot, GR No. 86561, November 10, 1992
- Francisco v. Court of Appeals, GR No. 108747, April 6, 1995
- Soriano vs Court of Appeals, GR No. 123936, March 4, 1999
- Colinares v. People, G.R. No. 182748, December 13, 2011
- Almero vs. People, GR No. 188191, March 12, 2014
- Villareal vs. People, G.R. No. 151258, December 1, 2014
- Tiu vs. DIzon, G.R. No. 211269, June 15, 2016
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