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FUNDAMENTAL FUNDAMENTAL PRINCIPLES 1. What is criminal law? Branch of public law which defines criminal offenses and prescribes specific punishment for them 2. What are the constitutional limitations on the right to enact penal laws? a. The law must be general in application b. No law, therefore, must be passed imposing cruel and unusual punishment or excessive fines c. No ex post facto law or bill of attainder shall be enacted 3. What is an ex post facto law? Is a penal law which is given retroactive application to the prejudice of the accused A law is ex post facto when it makes an act or omission criminal which when committed was not yet so 4. What are the characteristics of penal laws? a. General – General – Criminal Criminal Law is binding on all persons who live or sojourn in the Philippine Territory (Art. 14, Civil Code) ***refers ***refers to person covered by the penal law b. Territorial – Territorial – Criminal Criminal Laws undertake to punish crimes committed within the Philippine territory. ***refers ***refers to place where the law is applicable c. Prospective – Prospective – a a penal law cannot make an act punishable in a manner in which it was not punishable when committed. ***refers ***refers to the time when the law should be applied 5. Does prospectivity rule cover only laws enacted by the legislature? NO. The prospectivity rule also applies to penal circulars 6. What is the effect of the court’s interpretation upon a writt en law? The interpretation placed upon a written law by a competent court has the force of law. (Doctrines should be applied prospectively) 7. What is principle of retroactivity of laws and what is the rationale behind it? Prospectivity of penal laws means means that laws have prospective application unless unless they are favorable to the offender who is not a habitual delinquent. The rationale against retroactivity of laws is Lex prospicit, non respicit (the law looks forward not backward). A law usually derides rights which may have already become vested or impairs the obligations of contract and hence, is unconstitutional. 8. What are the different philosophies underlying the criminal law system? Classical or juristic Positivist or realistic Ecclectic Utilitarian
Basis of Criminal Liability
Purpose of Penalty Determination of Penalty
Emphasis of the Law
CLASSICAL/ JURISTIC Human Free Will Man has the capacity to chose between right and wrong, good and evil Retribution ( An An eye for an eye, a tooth for a tooth) Pre- determined and Rigid established by a specific and predetermined penalty On the Offense and not on the offender
POSITIVIST/REALISTIC POSITIVIST/REALISTIC Man is inherently good but the offender is socially sick. His thoughts and actions are a product of his environment Reformation – Reformation – corrective corrective and curative Case to case basis, wherein penalty needs to be suited to the individual offender On the offender and not on the offense
Ecclectic A combination of the good features of both the classical and the positivist theory (mixed philosophy) Utilitarian The primary function of punishment is to protect society from potential or actual wrongdoers. Thus in applying punishment on the accused, the objective of retribution of a wronged society should be directed against the actual and potential wrongdoers Utilitarianism or Duty Ethics is the theory that holds that the proper course course of action is the one that maximizes utility
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What is the principle of nulum crime nula poena sine lege ? There is no crime when there is no law that punishes it 10. What is the rule in the interpretation of penal laws in relation to accused culpability? In dubio pro reo – all laws must be interpreted liberally in favor of the accused and strictly against the State 11. What is equipoise rule?
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If the inculpatory facts and circumstances are capable of two or more explanations, one of which is consistent with the innocence of the accused and the other consistent with his guilt, then the evidence does not fulfil l the test of moral certainty, and does not suffice to produce a conviction the same must denied Where the evidence of the prosecution and of the defense are equally balanced, the scale should be tilted in favor of the accused 12. What is the principle of liberality in the application of laws on the accused? under the liberality principle, the allegations of the acts constitutive of the offense determine the sufficiency of the allegations of time 13. What is the meaning of the maxim actus non facit reum, nisi meens sit rea The act cannot be criminal unless the mind is criminal 14. How are crimes classified? a. As to Commission i. Dolo or those committed with intent ii. Culpa or those committed by means of fault b. As to stage of execution i. Frustrated ii. Attempted iii. Consummated c. As to gravity i. Grave ii. Less grave iii. Light felonies d. As to count i. Compound ii. Complex iii. Composite/special complex crime iv. continued v. continuing e. As to nature i. Mala in se ii. Mala prohibita
Mala in se Basis of liability is the offender’s moral trait. Thus, good faith or lack of criminal intent is a defense Modifying circumstances are taken into account in imposing the penalty on the offenders Degree of participation determines penalty Stage of accomplishment affects the penalty imposed Involves moral turpitude Punishable under the RPC
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Mala prohibita Basis of liability is the offender’s voluntariness and good faith or lack of criminal intent is not accepted as defense Modifying circumstances are not considered because the law intends to discourage commission of acts The degree of participation of the offender does not affect liability Stage of accomplishment considered is only when crime is perfected or consummated Does not involve moral turpitude Cover violations of special penal laws
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Classification of felonies i. Formal Felonies which are always consummated and determined based on gravity ii. Material Felonies or those committed based on execution iii. Felonies which cannot be committed in the frustrated stage What are crimes mala in se? Acts or omissions which are inherently evil What are crimes mala prohibita? Acts which are made evil because there is a law prohibiting the same If the special law uses nomenclature of penalties in the Revised Penal Code what is the effect on the nature of the crime covered by the special law? The law may only intend to make thee RPC apply suppletory thereto. Special laws using terms of penalties in the RPC will not make the act or omission mala in se Which of mala in se and mala prohibita involve moral turpitude? Mala in se What is the effect of the repeal of penal law to the accused?
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In absolute or total or express repeal, the act is decriminalized if case is pending. If already convicted, he shall be released if not a habitual delinquent or unless the law provides that detention is to continue In partial or relative or implied repeal, the first law will govern if the accused is a habitual delinquent or if favorable second law prohibits retroactivity. Second law will govern if favorable to the offender who is not a habitual delinquent or the law is silent as to its retroactivity
ARTICLE 1. TIME WHEN RPC TOOK EFFECT - January 1, 1932 ARTICLE 2. APPLICATION OF THE REVISED PENAL CODE 1. What are the scope of application of the Revised Penal Code Article 2. Application of its provisions. - Except as provided in the treaties and laws of preferential application, the provisions of this Code shall be enforced not only within the Philippine Archipelago, including its atmosphere, its interior waters and maritime zone, but also outside of its jurisdiction, against those who: 1. 2. 3. 4. 5.
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Should commit an offense while on a Philippine ship or airship 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; Should be liable for acts connected with the introduction into these islands of the obligations and securities mentioned in the presiding number; While being public officers or employees, should commit an offense in the exercise of their functions; or Should commit any of the crimes against national security and the law of nations, defined in Title One of Book Two of this Code.
What does the phrase”except as provided in treaties and laws of preferential application” mean? That the treaties and laws of preferential applications shall be given preference over the provisions of the RPC What comprises the Philippine Archipelago
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ARTICLE I NATIONAL TERRITORY . The national territory comprises the Philippine archipelago, with all the islands and waters embraced therein, and all other territories over which the Philippines has sovereignty or jurisdiction, consisting of its terrestrial, fluvial and aerial domains, including its territorial sea, the seabed, the subsoil, the insular shelves, and other submarine areas. The waters around, between, and connecting the islands of the archipelago, regardless of their breadth and dimensions, form part of the internal waters of the Philippines. 4.
Is it correct to refer to the Philippine Government as Government of Philippine Islands? No. It should be called the Government of the Republic of the Philippines
ARTICLE 3. DEFINITIONS Article 3. Definitions. - Acts and omissions punishable by law are felonies (delitos). Felonies are committed not only be means of deceit (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. 1.
What are felonies? Felonies or delitos are acts or omission punishable under the RPC and classified on the basis of how they are committed. How are felonies committed? Felonies are committed either by means of deceit or fault. There is deceit when the act is performed with deliberate intent. There is fault when the wrongful act results from imprudence, negligence, lack of foresight or lack of skills. What are the elements of intentional felonies and culpable felonies?
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Dolo 1. 2.
Freedom of Action Intelligence
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Negligence, Imprudence, lack of skill, lack of foresight
What is intent? Use of particular means to bring about a desired result What is the rule in the existence of intent? In a criminal case of which intent is an element of crime, intent cannot be presumed but must be established How is intent manifested? Intent is a mental state which cannot be seen and therefore its existence can only be demonstrated by the overt acts of a person What is motive? Is the moving power or force which impels a person to commit acts toward a desired result Is motive determinant of criminal liability? Generally, motive is immaterial in incurring criminal liability; it is intent which is material Motive alone will not give rise to criminal liability because under the RPC, there must be an obvert act or omission When is motive material in determining the criminal agency? a. The act brings about various crimes b. There is doubt whether the accused committed the crime, or the identity of the accused is doubtful c. The evidence on the commission of the crime is purely circumstancial d. The evidence of guilt of the accused is iconclusive What factors affect intent? a. Mistake of fact – negative criminal liability akin to justifying circumstance under Article 11 b. Aberration ictus (mistake in the victim of the blow) – generally increases criminal liability c. Error in Personae (mistake in identity) – may or may not lower criminal liability depending upon whether actual crime committed and the intended crime are of equal or different garvity d. Praeter intentionem (so grave a wrong caused than that intended) – lowers criminal liability under Article 13 e. proximate cause (the cause of the cause is the cause of the evil caused) – gives rise to criminal liability by analogy to Article 4, paragraph 1 What is Mistake of fact? The mistakes which had the facts been true to the belief of the offender, can justify his act. It is such mistake that will negative criminal liability because of the absence of the element of intent. What is aberration ictus? The offender intends the injury on one person but the harm fell on another Three persons present: the offender, the intended victim, the actual victim There is only one intent that characterizes the crime though it may result in a complex crime or two or more separate felonies What is Error in Personae? The offender committed a mistake in ascertaining the identity of the victim What is Praeter intentionem? The injury is on the intended victim but the resulting consequences is so grave a wrong than what was intended A mitigating circumstance What is proximate cause? That cause by which in its natural continuous sequence, unbroken by an efficient intervening cause, produces the injury and without which the result would not have occures Define intelligence within the purview of felonies Intelligence is the capacity to understand what is right and what is wrong
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ARTICLE 4. CRIMINAL LIABILITY
Article 4. Criminal liability. - Criminal liability shall be incurred: 1. By any person committing a felony (delito) although the wrongful act done be different f rom 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 inadequate or ineffectual means. 1.
Who are liable for felonies? There are two classes of offender. 1.) those who commit a felony, and 2.) those who do not actually commit a felony but perform an act which would be an offense against persons or property were it not for the inherent impossibility of its accomplishment or on the account of the employment of inadequate or ineffectual means.
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How many clauses are there in paragraph 1 of article 4? Two (2). 1.) By any person committing a felony (delito) and 2. ) although the wrongful act done be different from that which he intended. Does the first clause refer only to intentional felony? No . because the provision specified delito, which can either be dolo or culpa What is an impossible crime? One where the acts performed would have been a crime against persons or property but which is not accomplished because of its inherent impossibility or because of the employment of inadequate or ineffectual means. There is intent to commit a crime but no crime is committed What are the two kinds of inherent impossibility? a. Legal Impossibility – where the intended acts, even if completed would not amount to crime. b. Factual or physical impossibility of accomplishing the i ntended acts If there is no crime committed, why is impossible crime punished? To suppress lawlessness Is there an impossible crime of rape? Yes!
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ARTICLE 5. DUTY OF THE COURT Article 5. Duty of the court in connection with acts which should be repressed but which are not covered 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 legislation. In the same way, the court shall submit to the Chief Executive, through the Department of Justice, 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 offense. 1.
What is the “proper decision” that the court should render if it tried a case for an act which is not yet punishable by law? The court should render a decision of acquittal or order of dismissal of the case in pursuant to Article 21-22. What is the duty of the court when the penalty prescribed for a felony is excessive? The court should call the attention of the president on the matter
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ARTICLE 6. CONSUMMATED, FRUSTRATED AND ATTEMPTED FELONIES Article 6. Consummated, frustrated, and attempted felonies. - Consummated felonies as well as those which are frustrated and attempted, are punishable. 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 independent 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 th e acts of execution which should produce the felony by reason of some cause or accident other than this own spontaneous desistance. 1.
When is a felony consummated? A felony is consummated when all the acts necessary for its accomplishment and execution are present When is a felony frustrated? A felony is frustrated when the offender performs all the acts which would produce the felony as a consequence, but the felony was not produced by reason of causes independent of the will of the perpetrator When is a felony attempted? A felony is attempted when the offender commences the commission of an offense directly by obvert acts, and does not perform all the acts of execution which should produce the felony by reason of some causes or accident other than his own spontaneous desistance What are overt acts? Are external acts which if continued will logically result to a felony What are preparatory acts? Acts which still require another act so that a felony will result What is required for the “overt acts” to be considered an attempt of a felony? The overt act must be directly related to the offense committed What is desistance? The act of discontinuing the execution of the felony which will negative criminal liability of the offender during the attempted stage What is the frustrated stage of a felony?
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when the offender performs all the acts which would produce the felony as a consequence, but the felony was not produced by reason of causes independent of the will of the perpetrator 9. What crimes do not admit of frustrated stage? Rape Corruption Adultery Theft and robbery 10. Distinguish between the attempted and frustrated felonies
ACTS OF EXECUTION CAUSES OF NON ACCOMPLISHMENT
PRESENCE OF INTENT PHASE
ATTEMPTED FRUSTRATED Not all acts of execution had been All acts of execution had been done performed Felony was not produced by reason or Reason for frustration is some other cause of accident other than the cause independent f the will of the offender’s own spontaneous perpetrator desistance Intent is inherent in both Subjective phase since he has still Objective phase because all acts control over his acts have been executed Attempted is necessarily included in the frustrated stage
ARTICLE 7. LIGHT FELONIES Article 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. 1.
When are light felonies punishable? Only when they are consummated In all stages when committed against persons and property 2. Who are punishable in light felonies? Under Article 16, only the principals and accomplices are liable. Accessories are not punishable due to non existent penalty ARTICLE 8. CONSPIRACY AND PROPOSAL TO COMMIT FELONY Article 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. 1.
What is conspiracy? There s conspiracy when two or more persons come to an agreement concerning th e commission of a felony an d decide to commit it What proof is required for conspiracy? The same degree of proof required for establishing the crime is required to support a finding of a conspiracy Guilt beyond reasonable doubt To be liable for conspiracy, what is to be done by a conspirator? A conspirator should have performed some overt acts as a direct or indirect contribution in the execution of the crime planned to be committed What are the two concepts of conspiracy? a) Conspiracy as a crime by itself b) Conspiracy as a means of committing a crime a. Conspiracy by prior agreement or planning b. Implied conspiracy or implied from the co ncerted acts What is implied conspiracy? Is one that is deduced from the mode and manner in which the offense was committed. The concerted acts of the parties to achieve the same objective signify conspiracy. When conspiracy involves a pre-conceived plan what should be required of the co-conspirator? Unless he is the mastermind, he should appear in the scene of the crime It is necessary that a conspirator should have performed some obvert acts as direct or indirect contribution in the execution of the crime planned to be committed and may consist of Active participation in the actual commission of the crime itself
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Moral assistance to his co-conspirators Exerting moral ascendency 7. Does a finding of conspiracy require direct proof thereof? No. for conspiracy may be inferred from the acts of the accused before, during and after the commission of the crime. 8. Is it necessary for the co-conspirators to perform equally each and every part of the acts constituting the offense? No. As long as the parts played by each of the principals in the conspiracy contribute to the realization of the common design, they are all liable to it 9. What is the concept of “the act of one is the act of all.” When conspiracy is established, all who participated therein, irrespective of the quantity and quality of their participation are equally liable. The criminal liability of one is the same as to that of the other unless a conspirator committed a separate crime not part of the intended crime 10. In the absence of a conspiracy, what is the liability of the offenders? Unity of criminal purpose and intention 11. What is the arias doctrine? All heads of offices have to rely to a reasonable extent on their subordinates and on the good faith of those who prepare bids, purchase supplies or enter into negotiations
ARTICLE 9. GRAVE, LESS GRAVE AND LIGHT FELONIES Article 9. Grave felonies, less grave felonies and light felonies. - Grave felonies are those t o 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 period 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. 1.
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How are felonies classified as to gravity? a) Grave felonies – penalized by capital punishment b) Less grave felonies – punished with penalties that in their maximum period are correctional c) Light felonies – punished with arresto menor or a fine not exceeding 200 PhP What is the significance of classifying felonies into grave, less grave or light? To determine: Whether a complex crime was committed The duration of the subsidiary penalty to be imposed The duration of the detention in case of failure to post the bond to keep the peace Whether the crime has prescribed Whether or not there is delay in the delivery of detained person to the judicial authority The proper penalty for quasi-offenses
ARTICLE 10. OFFENSES NOT SUBJECT TO PROVISIONS OF THE REVISED PENAL CODE Article 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 1.
What are special laws? They are laws that define and penalize crimes not under RPC When is the suppletory effect of the RPC on special law not available? The suppletory effect of the code to special laws under this article cannot be invoked where there is legal or physical impossibility of or a prohibition in special law against such supplementary application What is the relation between dolo and special laws? Dolo is not required in crimes punished by a special statute because it is the act alone, irr espective of the motives which constitute the offense.
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CHAPTER 2 Justifying Circumstances and circumstances which exempt from criminal liability The RPC provides for circumstances to modify criminal liability of the offender 1. What circumstances do affect criminal liability? a. Justifying circumstances – Article 11 b. Exempting circumstances – Article 12 c. Mitigating circumstances – Article 13 d. Aggravating circumstances – Article 14 LLB401 University of San Carlos
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e. Alternative circumstances, either mitigating or aggravating – Article 15 Offenders falling under Article 11 and 12 are without criminal liability. Those benefitted by Article 13 have reduced criminal liability. Those proven who have committed a felony with any of the circumstance in Article 14 have increased criminal liability while those who have acted while under the circumstances of Article 15 may have their liability either increased or reduced depending upon the situation obtaining the ommission What is entrapment? The employment of ways and means for the purpose of trapping or capturing a lawbreaker The idea to commit the crime originates from the accused What is buy-bust operation? Form of entrapment which has been accepted as a valid means of arresting violators of the drugs law Commonly employed by police officers as an effective way of apprehending law offenders in the act of committing a crime The idea to commit the crime originates from the offender Can instigation and frame up be both present in a case? No. they are incompatible. In instigation, the crime is actually performed by the accused except that the intent originates from the mind of the inducers. In Frame-up, the offense is not committed by the accused Distinguish between entrapment and instigation ENTRAPMENT INSTIGATION 1. The mens rea originated from the accused who was 1. Evil idea originated from the peace officer who merely trapped by the peace officer in flagrante induced the accused to commit an act delicto 2. Absolutory by reason of public policy 2. This is not absolutory as to the offender since he 3. Contrary to public policy authored the evil idea 4. Trap for unwary innocent 3. Consistent with public policy 5. The peace officer is a principal by inducement 4. Trap for the unwary criminals 6. The crime would not and could not have been 5. The peace officer has no criminal liability for his acts committed were if not for the instigation are in accordance with the law 6. The crime has already been committed
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ARTICLE 11. JUSTIFYING CIRCUMSTANCES Article 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. 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 requisites prescribed in the next preceding circumstance are present, and the further requisite, in case the revocation was given by the person attacked, that the one making defense had no part therein. 3. 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 Article 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 another, provided that the following requisites are present; First. That the evil sought to be avoided actually exists; Second. That the injury feared be greater than that done to avoid it; Third. That there be no other practical and less harmful means of preventing it. 5. Any person who acts in the fulfillment 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
Article 12. Circumstances which exempt from criminal liability. - the following are exempt from criminal 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 permission of the same court. 2. A person under nine years of age.
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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. 5. Any person who act under the compulsion of irresistible force. 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 insuperable cause. Article 13. Mitigating circumstances. - The following are mitigating circumstances; 1.
Those mentioned in the preceding chapter, when all the requisites necessary to justify or to exempt from criminal liability in the respective cases are not attendant. 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 committing 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 obfuscation. 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 evidence 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 ho wever depriving him of the consciousness of his acts. 10. And, finally, any other circumstances of a similar nature and analogous to those above mentioned. Article 14. Aggravating circumstances. - The following are aggravating circumstances: 1. 2. 3.
That advantage be taken by the offender of his public position. That the crime be committed in contempt or with insult to the public authorities. That the act be committed with insult or in disregard of the respect due the offended party on account of his rank, age, or sex, or that is be committed in the dwelling of the offended party, if the latter has not given provocation. 4. That the act be committed with abuse of confidence or obvious ungratefulness. 5. That the crime be committed in the palace of the Chief Executive or in his p resence, or where public authorities are engaged in the discharge of their duties, or in a place dedicated to religious worship. 6. That the crime be committed in the night time, or in an uni nhabited place, or by a band, whenever such circumstances may facilitate the commission of the offense. Whenever more than three armed malefactors shall have acted together in the commission of an offense, it shall be deemed to have been committed by a band. 7. That the crime be committed on the occasion of a conflagration, shipwreck, earthquake, epidemic or other calamity or misfortune. 8. That the crime be committed with the aid of armed men or persons who insure or afford impunity. 9. That the accused is a recidivist. A recidivist is one who, at the time of his trial for one crime, shall have been previously convicted by final judgment of another crime embraced in the same title of this Code. 10. That the offender has been previously punished by an offense to which the law attaches an equal or greater penalty or for two or more crimes to which it attaches a lighter penalty. 11. That the crime be committed in consideration of a price, reward, or promise. 12. That the crime be committed by means of inundation, fire, poison, explosion, stranding of a vessel or international damage thereto, derailment of a locomotive, or by the use of any other artifice involving great waste and ruin. 13. That the act be committed with evidence premeditation. 14. That the craft, fraud or disguise be employed. 15. That advantage be taken of superior strength, or means be employed to weaken the defense. 16. That the act be committed with treachery (alevosia). There is treachery when the offender commits any of the crimes against the person, employing means, methods, or forms in the execution thereof which tend directly and specially to insure its execution, without risk to himself arising from the defense which the offended party might make. LLB401 University of San Carlos
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17. That means be employed or circumstances brought about which add ignominy to the natural effects of the act. 18. That the crime be committed after an unlawful entry. There is an unlawful entry when an entrance of a crime a wall, roof, floor, door, or window be broken. 19. That the crime be committed with the aid of persons under fifteen years of age or by means of motor vehicles, motorized watercraft, airships, or other similar means. (As amended by RA 5438) 20. That the wrong done in the commission of the crime be deliberately augmented by causing other wrong not necessary for its commissions.
Article 15: Alternative Circumstances Article 15. Their concept. - Alternative circumstances are those which must be taken into consideration as aggravating or mitigating according to the nature and effects of the crime and the other conditions attending its commission. They are the relationship , intoxication and the degree of instruction and education of the offender. The alternative circumstance of relationship shall be taken into consideration when the offended party in the spouse, ascendant, descendant, legitimate, natural, or adopted brother or sister, or relative by affinity in t he same degrees of the offender. The intoxication of the offender shall be taken into consideration as a mitigating circumstances when the offender has committed a felony in a state of intoxication, if the same is not habitual or subsequent to the plan to commit said felony but when the intoxication is habitual or intentional, it shall be considered as an aggravating circumstance.
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