criminal law reviewer

ATENEO CENTRAL BAR OPERATIONS 2007
Criminal Law
SUMMER REVIEWER

BOOK I
CRIMINAL LAW – A branch of municipal law which
defines crimes, treats of their nature and provides for
their punishment.
Characteristics of Criminal Law:
1. General – binding on all persons who reside
or sojourn in the Philippines
Exceptions:
a. Treaty Stipulation
b. Laws of Preferential Application
c. Principles of Public International Law
Ex:
i. sovereigns and other chiefs of
state
ii. Ambassadors,
ministers
plenipotentiary, minister resident
and charges d’affaires
(BUT consuls, vice-consuls and other
foreign
commercial
representatives
CANNOT claim the privileges and
immunities accorded to ambassadors and
ministers.)
2. Territorial – penal laws of the Philippines are
enforceable only within its territory
Exceptions: (Art. 2 of RPC – binding
even on crimes committed outside the
Philippines)
a. offense committed while on a
Philippine ship or airship
b. forging or counterfeiting any coin or
currency note of the Philippines or
obligations and the securities issued
by the Government
QuickTime™ and a
TIFF (Uncompressed) decompressor
c. introduction into the country of the
are needed to see this picture.
above-mentioned obligations and
securities
d. while being public officers and
employees, an offense committed in
the exercise of their functions
e. crimes against national security and
the law of the nations defined in Title
One of Book Two

retroactive effect.
Exception: when the law is favorable to the
accused
Exceptions to the Exception:
a. The new law is expressly made
inapplicable to pending actions
or existing causes of action
b. Offender is a habitual criminal
Theories of Criminal Law:
1. Classical Theory – basis is man’s free will to
choose between good and evil, that is why
more stress is placed upon the result of the
felonious act than upon the criminal himself.
The purpose of penalty is retribution. The
RPC is generally governed by this theory.
2. Positivist Theory – basis is the sum of
social and economic phenomena which
conditions man to do wrong in spite of or
contrary to his volition. This is exemplified in
the provisions on impossible crimes and
habitual delinquency.
3. Mixed Theory – combination of the classical
and positivist theories wherein crimes that
are economic and social in nature should be
dealt in a positive manner. The law is thus
more compassionate.
Construction of Penal Laws:
1. Liberally construed in favor of offender
Ex:
a. the offender must clearly fall within
the terms of the law
b. an act is criminal only when made so
by the statute
2. In cases of conflict with official translation,
original Spanish text is controlling,
3. No interpretation by analogy.

LIMITATIONS ON POWER OF CONGRESS TO
ENACT PENAL LAWS:
1. ex post facto law
2. bill of attainder
3. law that violates the equal protection clause
of the constitution
4. law which imposes cruel and unusual
punishments nor excessive fines

3. Prospective – the law does not have any
—Advisers: Atty. Lorenzo Padilla, Justice Diosdado Peralta; Head: Kristine Quimpo; Understudies: Ivy Patdu, Krizna
Gomez—

Criminal Law Summer Reviewer
Omission – failure to perform a duty required by law
BOOK ONE
GENERAL PROVISIONS

ART.1: TIME WHEN ACT TAKES EFFECT
RPC took effect February 1, 1932.
ART. 2: APPLICATION OF ITS PROVISIONS
RULES:
1. Philippine vessel or airship – Philippine
law shall apply to offenses committed in
vessels registered with the Philippine Bureau
of Customs. It is the registration, not the
citizenship of the owner which matters.
2. Foreign vessel
a. French Rule
General Rule: Crimes committed aboard
a foreign vessel within the territorial
waters of a country are NOT triable in the
courts of such country.
Exception: commission affects the
peace and security of the territory, or
the safety of the state is endangered.
b. English Rule
General Rule: Crimes committed aboard
a foreign vessel within the territorial
waters of a country are triable in the
courts of such country.
Exception: When the crime merely
affects things within the vessel or it
refers to the internal management
thereof.
*This is applicable in the Philippines.
Title One: FELONIES QuickTime™ and a
AND CIRCUMSTANCES
WHICH AFFECT CRIMINAL LIABILITY
Chapter One: FELONIES
Felonies – acts and omissions punishable by the
Revised Penal Code
Crime – acts and omissions punishable by any law

ELEMENTS:
1. there must be an act or omission
2. this must be punishable by the RPC
3. act or omission was done by means of dolo
or culpa
NULLUM CRIMEN, NULLA POENA SINE LEGE –
There is no crime when there is no law punishing it.
Classification Of Felonies According To The
Means By Which They Are Committed:
1. Intentional Felonies- by means of deceit
(dolo)
Requisites:
a. freedom
b. intelligence
c. intent.
MISTAKE OF FACT – misapprehension of
fact on the part of the person who caused
injury to another. He is not criminally liable.
Requisites:
a. the act done would have been lawful
had the facts been as the accused
believed them to be
bintention is lawful
b. mistake must be without fault or
carelessness by the accused
2. Culpable Felonies- by means of fault (culpa)
Requisites:
a. freedom
b. intelligence
c. negligence (lack of foresight) and
imprudence (lack of skill)

MALA IN SE v. MALA PROHIBITA
Mala in se
Mala Prohibita
not considered
moral trait of considered
offender
defense, not a defense;
good faith as a valid
unless the crime is intent
not
defense
the result of culpa
necessarysufficient that the
offender has the
intent to perpetrate
the act prohibited
by the special law

Act – an overt or external act
Page 2 of 174

degree
of taken into account
accomplishme
nt of the crime

taken into account
only
when
consummated

mitigating and taken into account GENERALLY not
in imposing penalty taken into account
aggravating
circumstance
degree
of when there is more
than one offender,
participation
it is taken into
consideration
General
Rule:
laws violated
RPC

INTENT v. MOTIVE
Intent

GENERALLY not
taken into account
General
Special
Laws

Rule:
Penal

Motive

purpose to use a moving power which impels
particular means to effect one to act
a result
element of crime except not an element
in crimes committed with
culpa
essential in intentional essential only when the identity
felonies
of the felon is in doubt

ART. 4: CRIMINAL LIABILITY
Par.1 Criminal liability for a felony committed
different from that intended to be committed
Requisites:
1. felony has been committed intentionally
2. injury or damage done to the other party is
the direct, natural and logical consequence
of the felony
Hence, since he is still motivated by criminal intent,
the offender is criminally liable in:
1. Error in personae – mistake in identity
2. Abberatio ictus – mistake in blow
QuickTime™ and a
3. Praetor intentionem decompressor of intent to
TIFF (Uncompressed) – lack
commit so grave a wrong
PROXIMATE CAUSE – the cause, which in the
natural and continuous sequence unbroken by any
efficient intervening cause, produces the injury,
without which the result would not have occurred

Par. 2 Impossible Crime
Requisites:
1. Act would have been an offense against
persons or property.
2. There was criminal intent.
3. Accomplishment is inherently impossible; or
inadequate or ineffectual means are
employed.
4. Act is not an actual violation of another
provision of the Code or of special law.
Impossible crime occurs when there is:
1. inherent impossibility to commit the crime
2. inadequate means to consummate the crime
3. ineffectual means to consummate the crime
Art. 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
Note: Paragraph 2 does not apply to crimes
punishable by special law, including profiteering, and
illegal possession of firearms or drugs. There can be
no executive clemency for these crimes.

ART. 6: CONSUMMATED, FRUSTRATED, AND
ATTEMPTED FELONIES
STAGES OF EXECUTION:
1. CONSUMMATED – when all the elements
necessary for its execution and accomplishment
are present
2. FRUSTRATED
Elements:
a. offender performs all acts of execution
b. all these acts would produce the felony
as a consequence
c. BUT the felony is NOT produced
d. by reason of causes independent of the
will of the perpetrator
3. ATTEMPTED
Elements:
a. offender commences the felony directly
by overt acts
b. does not perform all acts which would
produce the felony
c. his acts are not stopped by his own
spontaneous desistance
Page 3 of 174

Attempted
Frustrated
Consummated
Overt acts of All acts of execution are All the acts of
execution are
execution
are present
present
started
Not all acts of Crime sought to be The
result
execution
are committed
is
not sought
is
present
achieved
achieved
Due to reasons Due to intervening
other than the causes independent of
the will of the perpetrator
spontaneous
desistance of the
perpetrator

Crimes, which do not admit of Frustrated and
Attempted Stages:
1. Offenses punishable by Special Penal Laws,
unless the law provides otherwise
2. Formal crimes – consummated in one
instance
(Ex: slander, adultery, etc.)
3. Impossible Crimes
4. Crimes consummated by mere attempt
(Ex: attempt to flee to an enemy
country, treason, corruption of minors)
5. Felonies by omission
6. Crimes committed by mere agreement
(Ex: betting in sports: “ending,”
corruption of public officers)
Crimes which do not admit of Frustrated Stage:
1. Rape
2. Bribery
3. Corruption of Public Officers
4. Adultery
5. Physical Injury
2 stages in the development of a crime:
1. Internal acts
- e.g. mere ideas QuickTime™ and a
of the mind
- not punishable to see this picture.
are needed
2. External acts
a. Preparatory acts - ordinarily not
punishable
except when
considered by law as independent
crimes
(e.g. Art. 304, Possession of
picklocks and similar tools)
b. Acts of Execution - punishable under
the RPC

ART. 7: WHEN LIGHT FELONIES ARE
PUNISHABLE
General Rule: Punishable only when they have been
consummated
Exception:
Even if not consummated, if
committed against persons or property
Ex: slight physical injuries, theft, alteration of
boundary marks, malicious mischief, and intriguing
against honor.
Note: Only principals and accomplices are liable;
accessories are NOT liable even if committed against
persons or property.

ART. 8: CONSPIRACY AND PROPOSAL TO
COMMIT FELONY
CONSPIRACY
Requisites:
1. Two or more persons come to an agreement
2. For the commission of a felony
3. And they decide to commit it
Concepts of Conspiracy:
1. As a crime in itself
Ex: conspiracy to commit rebellion,
insurrection, treason, sedition, coup d’ etat
2. Merely as a means to commit a crime
Requisites:
a. a prior and express agreement
b. participants acted in concert or
simultaneously, which is indicative of
a meeting of the minds towards a
common criminal objective
Note: Conspiracy to commit a felony is different from
conspiracy as a manner of incurring criminal liability.
General Rule: Conspiracy to commit a felony is not
punishable since it is merely a preparatory act.
Exception: when the law specifically provides for
a penalty
Ex: rebellion, insurrection, sedition, coup d’
etat
General Rule: The act of one is the act of all.
Exception: Unless one or some of the
conspirators committed some other crime which
is not part of the intended crime.
Page 4 of 174

Exception to the exception: When the act
constitutes an indivisible offense.
OVERT ACTS IN CONSPIRACY MUST
CONSIST OF:
1. Active participation in the actual
commission of the crime itself, or
2. Moral assistance to his co-conspirators by
being present at the time of the
commission of the crime, or
3. Exerting a moral ascendance over the
other co-conspirators by moving them to
execute or implement the criminal plan
People v. Abut, et al. (GR No. 137601, April 24,
2003)

PROPOSAL TO COMMIT A FELONY
Requisites:
1. A person has decided to commit a felony
2. And proposes its execution to some other
person or persons

Elements

Crimes

Conspiracy
Proposal
Agreement
to person decides to
commit
AND commit a crime
AND proposes the
commission
same to another
Conspiracy
to
commit: sedition,
treason, rebellion,
coup d’ etat

Proposal
to
commit: treason,
rebellion, coup d’
etat
*no proposal to
commit sedition

ART. 9: GRAVE FELONIES, LESS GRAVE
FELONIES AND LIGHT FELONIES
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Importance of Classification this picture.
are needed to see

1. To determine whether the felonies can be
complexed or not.
2. To determine the prescription of the crime
and of the penalty.
Penalties (imprisonment):
1. Grave felonies – afflictive penalties: 6 yrs.
and 1 day to reclusion perpetua (life)
2. Less grave felonies – correctional penalties:

1 month and 1 day to 6 years
3. Light felonies - arresto menor (1 day to 30
days)

ART. 10: OFFENSES NOT SUBJECT TO THE
PROVISIONS OF THIS CODE
General Rule: RPC provisions are supplementary to
special laws.
Exceptions:
1. when special law provides otherwise
2. when provision of RPC are impossible of
application, either by express provision
or by necessary implication

Terms

Attempted or
Frustrated
Stages
Plea of guilty as
mitigating
circumstance
Minimum,
medium and
maximum
periods
Penalty for
accessory or
accomplice

Special Laws
imprisonment

General Rule: Not
punishable
Exception: Unless
otherwise stated
No

RPC
prision
correccional,
prision mayor,
arresto mayor,
etc.
Punishable

Yes

Not applicable

Yes

General Rule:
None
Exception: Unless
otherwise stated

Yes

Provisions of RPC applicable to special laws:
• Art. 16 Participation of Accomplices
• Art. 22 Retroactivity of Penal laws if favorable
to the accused
• Art. 45 Confiscation of instruments used in
the crime
Note: When the special law adopts the penalties
imposed in the RPC i.e. penalties as reclusion
perpetua, prision correccional, etc. the provisions of
the RPC on imposition of penalties based on stages
of execution, degree of participation and attendance
of mitigating and aggravating circumstance may be
applied by necessary implication.

Page 5 of 174


Chapter Two
JUSTIFYING CIRCUMSTANCES
AND CIRCUMSTANCES, WHICH EXEMPT
FROM CRIMINAL LIABILITY

ART. 11. JUSTIFYING CIRCUMSTANCES
JUSTIFYING CIRCUMSTANCES – where the act of
a person is in accordance with law such that said
person is deemed not to have violated the law.
General Rule: No criminal and civil liability incurred.
Exception: There is civil liability with respect to
par. 4 where the liability is borne by persons
benefited by the act.

Par. 1 Self-defense
Elements:
1. Unlawful Aggression
indispensable requirement
There must be actual physical assault or
aggression or an immediate and
imminent threat, which must be offensive
and positively strong.
The defense must have been made
during the existence of aggression,
otherwise, it is no longer justifying.
While generally an agreement to fight
does not constitute unlawful aggression,
violation of the terms of the agreement to
fight is considered an exception.
2. Reasonable necessity of the
employed to prevent or repel it –

means

Test of reasonableness depends on:
(1) weapon used by aggressor
(2) physical condition, character, size
QuickTime™ and a
and (Uncompressed) decompressor
other
circumstances
of
TIFF
aggressor
(3) physical condition, character, size
and
circumstances
of
person
defending himself
(4) place and occasion of assault
3. Lack of sufficient provocation on the part
of the person defending himself
NOTE: Perfect equality between the weapons used,

nor material commensurability between the means of
attack and defense by the one defending himself and
that of the aggressor is not required
REASON: the person assaulted does not have
sufficient opportunity or time to think and calculate.
Rights included in self-defense:
1. defense of person
2. defense of rights protected by law
3. defense of property (only if there is also an
actual and imminent danger on the person of
the one defending)
4. defense of chastity
Kinds of Self-Defense:
1. self-defense of chastity – there must be an
attempt to rape the victim
2. defense of property – must be coupled with
an attack on the person of the owner, or on
one entrusted with the care of such property.
People v. Narvaez, (GR No. L-33466-67,
April 20, 1983)
Attack on property alone was deemed
sufficient to comply with element of
unlawful aggression

3. self-defense in libel – justified when the
libel is aimed at a person’s good name.
“Stand ground when in the right” - the law does
not require a person to retreat when his assailant is
rapidly advancing upon him with a deadly weapon.
NOTE: Under Republic Act 9262 (Anti-Violence
Against Women and Their Children Act of 2004),
victim-survivors who are found by the Courts to be
suffering from Battered Woman Syndrome (BWS) do
not incur any criminal or civil liability despite absence
of the necessary elements for the justifying
circumstance of self-defense in the RPC. BWS is a
scientifically defined pattern of psychological and
behavioral symptoms found in women living in
battering relationships as a result of cumulative
abuse.

Par. 2 Defense of Relative
Elements:
1. unlawful
aggression
requirement)

(indispensable

Page 6 of 174

2. reasonable necessity of the means employed
to prevent or repel it
3. In case the provocation was given by the
person attacked, the one making the defense
had no part in such provocation.
Relative entitled to the defense:
1. spouse
2. ascendants
3. descendants
4. legitimate, natural or adopted brothers and
sisters, or relatives by affinity in the same
degrees
th
5. relatives by consanguinity within the 4 civil
degree
NOTE: The relative defended may be the original
aggressor. All that is required to justify the act of the
relative defending is that he takes no part in such
provocation.
Par. 3 Defense of Stranger
Elements:
1. unlawful
aggression
(indispensable
requirement)
2. reasonable necessity of the means employed
to prevent or repel it
3. person defending be not induced by revenge,
resentment or other evil motive
Par. 4 State of Necessity (Avoidance of Greater
Evil or Injury)
Elements:
1. evil sought to be avoided actually exists
2. injury feared be greater than that done to
avoid it
3. no other practical and less harmful means of
preventing it
NOTE: The necessity must not be due to the
negligence or violation of any law by the actor.
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Par. 5 Fulfillment of Duty or decompressor Exercise of
TIFF (Uncompressed) Lawful
a Right or Office
Elements:
1. accused acted in the performance of duty or
in the lawful exercise of a right or office
2. the injury caused or offense committed be
the necessary consequence of the due
performance of the duty, or the lawful
exercise of such right or office.

NOTE: The accused must prove that he was duly
appointed to the position claimed he was discharging
at the time of the commission of the offense. It must
also be shown that the offense committed was the
necessary consequence of such fulfillment of duty, or
lawful exercise of a right or office.
Par. 6 Obedience to a Superior Order
Elements:
1. an order has been issued
2. order has a lawful purpose (not patently
illegal)
3. means used by subordinate to carry out said
order is lawful
NOTE: The superior officer giving the order cannot
invoke this justifying circumstance. Good faith is
material, as the subordinate is not liable for carrying
out an illegal order if he is not aware of its illegality
and he is not negligent.
General Rule: Subordinate cannot invoke this
circumstance when order is patently illegal.
Exception: When there is compulsion of an
irresistible force, or under impulse of
uncontrollable fear.

ART. 12: CIRCUMSTANCES, WHICH EXEMPT
FROM CRIMINAL LIABILITY
EXEMPTING CIRCUMSTANCES – grounds for
exemption from punishment because there is wanting
in the agent of the crime any of the conditions which
make the act voluntary or negligent.
Basis: The exemption from punishment is based on
the complete absence of intelligence, freedom of
action, or intent, or on the absence of negligence on
the part of the accused.
Burden of proof: Any of the circumstances is a
matter of defense and must be proved by the
defendant to the satisfaction of the court.

Who/what
is
affected?
Nature of
act
Existence

Justifying
Act

Exempting
Actor

act is considered
legal
None

act is wrongful but
actor not liable
Yes, but since
Page 7 of 174

of a crime
Liability

No criminal and civil
liability BUT there is
civil liability as to
Art.11(4) (state of
necessity)

voluntariness is absent
the actor is not liable
No criminal liability but
there is civil liability
EXCEPT as to Art.
12(4) (injury by mere
accident) and (7)
(lawful cause)

Par. 1 Imbecility or Insanity
IMBECILE – one while advanced in age has a mental
development comparable to that of children between
2 and 7 years old. He is exempt in all cases from
criminal liability.
INSANE – one who acts with complete deprivation of
intelligence/reason or without the least discernment
or with total deprivation of freedom of will. Mere
abnormality of the mental faculties will not exclude
imputability.
General Rule: Exempt from criminal liability
Exception: The act was done during a lucid
interval.
NOTE: Defense must prove that the accused was
insane at the time of the commission of the crime
because the presumption is always in favor of sanity.

Par. 2 Under Nine Years of Age
Requisite: Offender is under 9 years of age at the
time of the commission of the crime. There is
absolute criminal irresponsibility in the case of a
minor under 9 years of age.
NOTE: Under R.A. 9344 or the Juvenile Justice And
Welfare Act a minor 15 years and below is exempt
from criminal liability
Par. 3 Person Over 9 and and a
Under 15 Acting
QuickTime™
Without Discernment to see this picture.
are needed
NOTE: Such minor must have acted without
discernment to be exempt. If with discernment, he is
criminally liable.
Presumption: The minor committed the crime
without discernment.
DISCERNMENT – mental capacity to fully appreciate

the consequences of the unlawful act, which is shown
by the:
1. manner the crime was committed
2. conduct of the offender after its commission
NOTE: Under R.A. 9344 a minor over 15 but but
below 18 who acted without discernment is
exempt from criminal liability
Par. 4 Accident without fault or intention of
causing it
Elements:
1. A person is performing a lawful act
2. with due care
3. He causes injury to another by mere accident
4. Without fault or intention of causing it.
Par. 5 Irresistible Force
IRRESISTIBLE FORCE – offender uses violence or
physical force to compel another person to commit a
crime.
Elements:
1. The compulsion is by means of physical
force.
2. The physical force must be irresistible.
3. The physical force must come from a third
person.
NOTE: Force must be irresistible so as to reduce the
individual to a mere instrument.

Par. 6 Uncontrollable Fear
UNCONTROLLABLE FEAR – offender employs
intimidation or threat in compelling another to commit
a crime.
DURESS – use of violence or physical force
Elements:
1. The threat which causes the fear is of an evil
greater than, or at least equal to, that which
he is required to commit.
2. It promises an evil of such gravity and
imminence that an ordinary man would have
succumbed to it.
NOTE: Duress to be a valid defense should be based
on real, imminent or reasonable fear for one’s life or
limb. It should not be inspired by speculative, fanciful
or remote fear. A threat of future injury is not enough.
Page 8 of 174


ACTUS ME INVITO FACTUS NON EST MEUS
ACTUS – Any act done by me against my will is not
my act.

NOT a bar to Accused will be acquitted
accused’s prosecution
and conviction
NOT an absolutory Absolutory cause
cause

PAR 7. Insuperable Cause
INSUPERABLE CAUSE – some motive, which has
lawfully, morally or physically prevented a person to
do what the law commands
Elements:
1. An act is required by law to be done.
2. A person fails to perform such act.
3. His failure to perform such act was due to
some lawful or insuperable cause.
Ex:
1. A priest can’t be compelled to reveal what
was confessed to him.
2. No available transportation – officer not liable
for arbitrary detention
3. Mother who was overcome by severe
dizziness and extreme debility, leaving child
to die – not liable for infanticide (People v.
Bandian, 63 Phil 530)
ABSOLUTORY CAUSES – where the act committed
is a crime but for some reason of public policy and
sentiment, there is no penalty imposed. Exempting
and justifying circumstances are absolutory causes.
Examples of such other circumstances are:
1. spontaneous desistance (Art. 6)
2. accessories exempt from criminal liability
(Art. 20)
3. Death or physical injuries inflicted under
exceptional circumstances (Art. 247)
4. persons exempt from criminal liability from
theft, swindling, malicious mischief (Art 332)
5. instigation
NOTE: Entrapment is NOT an absolutory cause. A
buy-bust operation conducted in connection with
illegal drug-related offenses is a form of entrapment.
Entrapment

QuickTime™ and a

The ways and means
are resorted to for the
purpose of trapping
and capturing the
lawbreaker in the
execution
of
his
criminal plan.

Instigation

Instigator practically induces the
would-be accused into the
commission of the offense and
himself becomes a co-principal

Chapter Three
CIRCUMSTANCES WHICH MITIGATE CRIMINAL
LIABILITY

Offset by any
aggravating
circumstance
Effect on
penalty

Kinds
(Sources)

Privileged Mitigating
Cannot be offset

Effect of imposing the
penalty by 1 or 2
degrees lower than
that provided by law
Minority, Incomplete
Self-defense, two or
more mitigating
circumstance without
any aggravating
circumstance (has the
effect of lowering the
penalty by one
degree). Art. 64, 68
and 69

Ordinary Mitigating
Can be offset by a
generic aggravating
circumstance
If not offset, has the
effect of imposing the
minimum period of
the penalty
Those
circumstances
enumerated in
paragraph 1 to 10 of
Article 13

Age
≤ 15years

Criminal Responsibility/ Effect
Absolute irresponsibility, exempting
circumstance
* as amended by RA 9344
15 < and < Conditional responsibility
18
Without discernment – not criminally
liable
With discernment – criminally liable
* as amended by RA 9344
Minor
Sentence is suspended
delinquent
18 ≤ and ≤ 70 Full responsibility

Page 9 of 174

> 70

Mitigated responsibility, no imposition of
death penalty, execution of death
sentence may be suspended and
commuted

ART. 13: MITIGATING CIRCUMSTANCES
MITIGATING CIRCUMSTANCES – those which if
present in the commission of the crime reduces the
penalty of the crime but does not erase criminal
liability nor change the nature of the crime
NOTE: A mitigating circumstance arising from a
single fact absorbs all the other mitigating
circumstances arising from that same fact.
Par. 1 Incomplete Justifying or Exempting
Circumstances
NOTE: This applies when not all the requisites are
present.
If two requisites are present, it is considered a
privileged mitigating circumstance.
However, in
reference to Art.11(4) if any of the last two requisites
is absent, there is only an ordinary mitigating
circumstance. Remember though, that in selfdefense, defense of relative or stranger, unlawful
aggression must always be present as it is an
indispensable requirement.
Par. 2 Under 18 or Over 70 Years Old

This provision addresses the intention of the offender
at the particular moment when the offender executes
or commits the criminal act, not to his intention during
the planning stage
NOTE: In crimes against persons – if victim does not
die, the absence of the intent to kill reduces the
felony to mere physical injuries. It is not considered
as mitigating. It is mitigating only when the victim
dies.
NOTE: It is not applicable to felonies by negligence
because in felonies through negligence, the offender
acts without intent. The intent in intentional felonies is
replaced by negligence or imprudence. There is no
intent on the part of the offender, which may be
considered as diminished
Par. 4 Provocation or Threat
Provocation – any unjust or improper conduct or act
of the offended party, capable of exciting, inciting or
irritating anyone.
Provocation

Vindication

Made directly only to the Grave offense may be also
the
offender’s
person committing the against
relatives mentioned by law
felony
Cause that brought
about the provocation
need not be a grave
offense
Necessary
that
provocation or threat
immediately preceded
the act. No time interval

Offended party must have
done a grave offense to the
offender or his relatives
May be proximate. Time
interval allowed

NOTE: Age of accused is determined by his age at
the date of commission of crime, not date of trial.
Par. 3 No Intention to Commit so Grave a
Wrong
QuickTime™ and
NOTE: Can be used only when a the proven facts
are needed see this picture.
show that there is a notabletoand evident disproportion
between the means employed to execute the criminal
act and its consequences.

Factors that can be considered are:
1. weapon used
2. injury inflicted
3. part of the body injured
4. mindset of offender at the time of commission
of crime

Requisites:
1. provocation must be sufficient
2. it must originate from the offended party
3. must be immediate to the commission of the
crime by the person who is provoked
NOTE: Threat should not be offensive and positively
strong. Otherwise, it would be an unlawful
aggression, which may give rise to self-defense and
thus no longer a mitigating circumstance.

Page 10 of 174

Par. 5 Vindication of Grave Offense
Requisites:
1. a grave offense done to the one committing
the felony, his spouse, ascendants,
descendants, legitimate, natural or adopted
brothers or sisters or relatives by affinity
within the same degrees
2. the felony is committed in immediate
vindication of such grave offense
NOTE: “Immediate” allows for a lapse of time, as
long as the offender is still suffering from the mental
agony brought about by the offense to him.
(proximate time, not just immediately after)

3rd person
Unlawful

Must come from lawful sentiments
PASSION & OBFUSCATION
Produced by an impulse which
may be caused by provocation

PROVOCATION
Comes from injured
party

Offense which engenders
perturbation of mind need not be
immediate. It is only required that
the influence thereof lasts until
the crime is committed

Immediately precede
the commission of the
crime

Effect is loss of reason and selfcontrol on the part of the offender

Same

Par. 7 Surrender and Confession of Guilt
Par. 6 Passion or Obfuscation
Requisites:
1. offender acted upon an impulse
2. the impulse must be so powerful that it
naturally produced passion or obfuscation in
him
NOTE: Act must have been committed not in the
spirit of lawlessness or revenge; act must come from
lawful sentiments.
Act, Which Gave Rise To Passion And
Obfuscation:
1. That there be an act, both unlawful and
unjust
2. The act be sufficient to produce a condition
of mind
3. That the act was proximate to the criminal
act, not admitting of time during which the
perpetrator might recover his normal
equanimity
4. The victim must be the one who caused the
passion or obfuscation
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NOTE: Passion and obfuscation cannot co-exist with
treachery since this means that the offender had time
to ponder his course of action.

PASSION & OBFUSCATION
Mitigating
No physical force needed
From the offender himself

IRRESISTIBLE
FORCE
Exempting
Requires physical
force
Must come from a

Requisites:

VOLUNTARY
SURRENDER
1. offender not
actually arrested
2. offender
surrendered to
person in
authority
3. surrender was
voluntary

VOLUNTARY
PLEA OF GUILT
1. offender
spontaneously
confessed his
guilt
2. confession was
made in open
court, that is,
before the
competent court
that is to try the
case
3. confession of guilt
was made prior to
the presentation
of the evidence
for the
prosecution

WHEN SURRENDER VOLUNTARY
- must be spontaneous, showing the intent of the
accused to submit himself unconditionally to the
authorities, either because:
1. he acknowledges his guilt; or
2. he wishes to save them the trouble and
expense necessarily incurred in his search
and capture.
NOTE: If both are present, considered as two
independent mitigating circumstances. Further
mitigates penalty.

Page 11 of 174

NOTES:
plea made after arraignment and after trial
has begun does not entitle accused to the
mitigating circumstance
If accused pleaded not guilty, even if during
arraignment, he is entitled to mitigating
circumstance as long as he withdraws his
plea of not guilty to the charge before the
fiscal could present his evidence.
Plea to a lesser charge is not a Mitigating
Circumstance because to be such, the plea
of guilt must be to the offense charged.
Plea to the offense charged in the amended
info, lesser than that charged in the original
info, is Mitigating Circumstance.
Par. 8 Physical Defect of Offender
The offender is deaf and dumb, blind or otherwise
suffering from some physical defect, restricting his
means of action, defense or communication with
others.
NOTE: The physical defect must relate to the offense
committed.
Par. 9 Illness of the Offender
Requisites:
1. The illness of the offender must diminish the
exercise of his will-power.
2. Such illness should not deprive the offender
of consciousness of his acts.
Par. 10 Similar and Analogous Circumstances

Examples
Not examples
defendant who is 60 years old killing the wrong
with failing eyesight is similar to a person
case of one over 70 yrs old
outraged feeling of TIFF (Uncompressed)not resisting arrest is
owner QuickTime™ and a
of decompressor
are needed to
this
animal taken for ransom is seenotpicture. same as
the
analogous to vindication of grave voluntary surrender
offense
impulse of jealous feeling, similar
to passion and obfuscation
voluntary restitution of property,
similar to voluntary surrender

running amuck is not
mitigating

extreme poverty, similar to
incomplete justification based on
state of necessity

CHAPTER FOUR

CIRCUMSTANCES WHICH AGGRAVATE
CRIMINAL LIABILITY

AGGRAVATING CIRCUMSTANCES – Those which,
if attendant in the commission of the crime, serve to
have the penalty imposed in its maximum period
provided by law for the offense or those that change
the nature of the crime.
BASIS: The greater perversity of the offender
manifested in the commission of the felony as shown
by:
1. the motivating power itself,
2. the place of the commission,
3. the means and ways employed
4. the time, or
5. the personal circumstances of the offender,
or the offended party.

KINDS OF AGGRAVATING CIRCUMSTANCES:
1. Generic - those which apply to all crimes
2. Specific - those which apply only to specific
crimes,
3. Qualifying - those that change the nature of
the crime
4. Inherent - which of necessity accompany
the commission of the crime, therefore not
considered in increasing the penalty to be
imposed
5. Special - those which arise under special
conditions to increase the penalty of the
offense and cannot be offset by mitigating
circumstances
GENERIC
AGGRAVATING
CIRCUMSTANCE
EFFECT : When not set
off by any mitigating
circumstance,
Increases the penalty
which should be
imposed upon the
accused to the

QUALIFYING
AGGRAVATING
CIRCUMSTANCE
EFFECT: Gives the
crime its proper and
exclusive name and
places the author of
the crime in such a
situation as to
deserve no other
Page 12 of 174

maximum period but
without exceeding the
limit prescribed by law

If not alleged in the
information, a
qualifying aggravating
circumstance will be
considered generic
May be offset by a
mitigating circumstance.

penalty than that
specially prescribed
by law for said
crimes (People v.
Bayot, 64Phil269,
273)
To be considered
as such, MUST be
alleged in the
information
Cannot be offset by a
mitigating
circumstance

RULES ON AGGRAVATING CIRCUMSTANCES:
1. Aggravating circumstances shall NOT be
appreciated if:
a) They constitute a crime specially
punishable by law, or
b) It is included by the law in defining a crime
with a penalty prescribed, and therefore
shall not be taken into account for the
purpose of increasing the penalty.
Ex: “That the crime be committed by means of
…fire,…explosion” (Art. 14, par. 12) is in itself a
crime of arson (Art. 321) or a crime involving
destruction (Art. 324). It is not to be considered to
increase the penalty for the crime of arson or for
the crime involving destruction.
2. The same rule shall apply with respect to any
aggravating circumstance inherent in the crime to
such a degree that it must of necessity
accompany the commission thereof(Art.62, par.2)
3. Aggravating circumstances which arise:
a) From the moral attributes of the offender;
b) From his private relations with the offended
party; or
c) From any personal cause,
shall only serve to aggravate the liability of the
principals, accomplices and accessories as to
whom such circumstances and a attendant. (Art.
are
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62, par. 3)
4. The circumstances which consist :
a) In the material execution of the act, or
b) In the means employed to accomplish it,
shall serve to aggravate the liability of only those
persons who had knowledge of them at the time
of the execution of the act or their cooperation
therein. Except when there is proof of conspiracy
in which case the act of one is deemed to be the

act of all, regardless of lack of knowledge of the
facts constituting the circumstance. (Art. 62, par.
4)
5. Aggravating circumstances, regardless of its
kind, should be specifically alleged in the
information AND proved as fully as the crime
itself in order to increase the penalty. (Sec. 9,
Rule 110, 2000 Rules of Criminal Procedure)
6. When there is more than one qualifying
aggravating circumstance present, one of them
will be appreciated as qualifying aggravating
while the others will be considered as generic
aggravating.

ART. 14: AGGRAVATING CIRCUMSTANCES

Par. 1. That advantage be taken by the offender of
his public position
Requisites:
1. Offender is public officer
2. Public officer must use the influence,
prestige, or ascendancy which his office
gives him as means to realize criminal
purpose
It is not considered as an aggravating
circumstance where taking advantage of official
position is made by law an integral element of the
crime or inherent in the offense,
Ex: malversation (Art. 217), falsification of a
document committed by public officers (Art.
171).
When the public officer did not take advantage of
the influence of his position, this aggravating
circumstance is not present
NOTE : Taking advantage of a public position is
also inherent in the case of accessories under
Art. 19, par. 3 (harboring, concealing, or assisting
in the escape of the principal of the crime), and in
crimes committed by public officers (Arts. 204245).
Par. 2. That the crime be committed in contempt
of or with insult to public authorities
Requisites:
1. That the public authority is engaged in the
exercise of his functions.
2. That he who is thus engaged in the exercise
of said functions is not the person against
whom the crime is committed.
Page 13 of 174

3. The offender knows him to be a public
authority.
4. His presence has not prevented the offender
from committing the criminal act.
PERSON IN AUTHORITY – public authority, or
person who is directly vested with jurisdiction and has
the power to govern and execute the laws
Ex:
1. Governor
2. Mayor
3. Barangay captain/ chairman
4. Councilors
5. Government agents
6. Chief of Police
NOTE: A teacher or professor of a public or
recognized private school is not a “public authority
within the contemplation of this paragraph. While he
is a person in authority under Art. 152, that status is
only for purposes of Art. 148 (direct assault) and Art.
152 (resistance and disobedience).
The crime should not be committed against the
public authority (otherwise it will constitute direct
assault under Art.148)
This is NOT applicable when committed in the
presence of a mere agent.
AGENT – subordinate public officer charged w/ the
maintenance of public order and protection and
security of life and property
Ex: barrio vice lieutenant, barrio councilman
Par. 3. That the act be committed:
(1) with insult or in disregard of the respect
due the offended party on account of his
(a)rank, (b) age, or (c) sex or
(2) that it be committed in the dwelling of the
offended party, if the latter has not given
provocation
Rules regarding par 3(1):
1. These circumstances shall only be
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considered as needed aggravating circumstance.
one to see this picture.
are
2. Rank, age, sex may be taken into account
only in crimes against persons or honor, they
cannot be invoked in crimes against property.
3. It must be shown that in the commission of
the crime the offender deliberately intended
to offend or insult the sex, age and rank of
the offended party.
RANK – The designation or title of distinction used to
fix the relative position of the offended party in

reference to others (There must be a difference in the
social condition of the offender and the offended
party).
AGE – may refer to old age or the tender age of the
victim.
SEX– refers to the female sex, not to the male sex.
The AC of disregard of rank, age, or sex is not
applicable in the following cases:
1. When the offender acted with passion and
obfuscation.
2. When there exists a relationship between the
offended party and the offender.
3. When the condition of being a woman is
indispensable in the commission of the
crime.
(Ex: in parricide, abduction, seduction
and rape)
People vs. Lapaz, March 31, 1989
Disregard of sex and age are not absorbed in
treachery because treachery refers to the manner of
the commission of the crime, while disregard of sex
and age pertains to the relationship of the victim.
DWELLING – must be a building or structure
exclusively used for rest and comfort (combination of
house and store not included), may be temporary as
in the case of guests in a house or bedspacers. It
includes dependencies, the foot of the staircase and
the enclosure under the house
NOTES:
The aggravating circumstance of dwelling
requires that the crime be wholly or partly
committed therein or in any integral part thereof.
Dwelling does not mean the permanent
residence or domicile of the offended party or
that he must be the owner thereof. He must,
however, be actually living or dwelling therein
even for a temporary duration or purpose.
It is not necessary that the accused should have
actually entered the dwelling of the victim to
commit the offense; it is enough that the victim
was attacked inside his own house, although the
assailant may have devised means to perpetrate
the assault from without.
What aggravates the commission of the crime in
one’s dwelling:
1. The abuse of confidence which the offended
party reposed in the offender by opening the
door to him; or
Page 14 of 174

2. The violation of the sanctity of the home by
trespassing therein with violence or against
the will of the owner.
Meaning of provocation in the aggravating
circumstance of dwelling:
The provocation must be:
1. Given by the owner of the dwelling,
2. Sufficient, and
3. Immediate to the commission of the crime.
NOTE: If all these conditions are present, the
offended party is deemed to have given the
provocation, and the fact that the crime is committed
in the dwelling of the offended party is NOT an
aggravating circumstance.
REASON: When it is the offended party who has
provoked the incident, he loses his right to the
respect and consideration due him in his own
house.
Dwelling is not aggravating in the following
cases:
1. When both the offender and the offended
party are occupants of the same house, and
this is true even if offender is a servant in the
house.
exception: In case of adultery in the
conjugal
dwelling,
the
same
is
aggravating. However, if the paramour
also dwells in the conjugal dwelling, the
applicable aggravating circumstance is
abuse of confidence.
2. When robbery is committed by the use of
force upon things, dwelling is not aggravating
because it is inherent.
However, dwelling is aggravating in
robbery
with
violence
against
or
intimidation of persons because this class
of robbery can be committed without the
necessity of trespassing the sanctity of the
offended party’s house.
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are of trespass to
3. In the crime needed to see this picture. dwelling, it is
inherent or included by law in defining the
crime.

4. When the owner of the dwelling gave
sufficient and immediate provocation.
There must exist a close relation between
the provocation made by the victim and the
commission of the crime by the accused.

5. The victim is not a dweller of the house.
Par. 4. That the act be committed with:
(1) abuse of confidence or
(2) obvious ungratefulness
There are two aggravating circumstances present
under par.4 which must be independently
appreciated if present in the same case
While one may be related to the other in the factual
situation in the case, they cannot be lumped
together. Abuse of confidence requires a special
confidential relationship between the offender and
the victim, while this is not required for there to be
obvious ungratefulness
Requisites Of Abuse Of Confidence:
1. That the offended party had trusted the
offender.
2. That the offender abused such trust by
committing a crime against the offended
party.
3. That the abuse of confidence facilitated the
commission of the crime.
NOTE: Abuse of confidence is inherent in
malversation (Art. 217), qualified theft (Art. 310),
estafa by conversion or misappropriation (Art. 315),
and qualified seduction (Art. 337).
Requisites of obvious ungratefulness:
1. That the offended party had trusted the
offender;
2. That the offender abused such trust by
committing a crime against the offended
party.
3. That the act be committed with obvious
ungratefulness.
NOTE: The ungratefulness contemplated by par. 4
must be such clear and manifest ingratitude on the
part of the accused.
Par. 5. That the crime be committed in the palace
of the Chief Executive, or in his presence, or
where public authorities are engaged in the
discharge of their duties, or in a place
dedicated to religious worship.
Actual performance of duties is not necessary
when crime is committed in the palace or in the
presence of the Chief Executive
Requisites Regarding Public Authorities:
1. crime occurred in the public office

Page 15 of 174

2. public authorities are actually performing
their public duties
PAR. 5. Where public
PAR. 2. Contempt or
authorities are engaged
insult to public
in the discharge of their
authorities
duties
FOR BOTH, Public authorities are in the performance
of their duties
Place where public duty is performed
In their office.
Outside of their office.
The offended party
May or may not be the Public authority should
public authority
not be the offended
party
Requisites (Place Dedicated To Religious
Worship):
1. The crime occurred in a place dedicated to
the worship of God regardless of religion
2. The offender must have decided to commit
the crime when he entered the place of
worship
Except for the third which requires that official
functions are being performed at the time of the
commission of the crime, the other places
mentioned are aggravating per se even if no
official duties or acts of religious worship are
being conducted there.
Cemeteries, however respectable they may be,
are not considered as place dedicated to the
worship of God.
Par. 6. That the crime be committed
(1) in the nighttime, or
(2) in an uninhabited place, or
(3) by a band,
whenever such circumstance may facilitate
the commission of the offense
NOTE: When present in the same case and their
element are distinctly palpable and can subsist
independently, they shall be considered separately.
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When nighttime, uninhabited place or band
aggravating:
1. When it facilitated the commission of the
crime; or
2. When especially sought for by the offender to
insure the commission of the crime or for the
purpose of impunity; or
3. When the offender took advantage thereof
for the purpose of impunity

NIGHTTIME (obscuridad) – that period of darkness
beginning at the end of dusk and ending at dawn.
Commission of the crime must begin and be
accomplished in the nighttime. When the
place of the crime is illuminated by light,
nighttime is not aggravating. It is not
considered aggravating when the crime
began at daytime.
Nighttime is not especially sought for when
the notion to commit the crime was
conceived of shortly before commission or
when crime was committed at night upon a
casual encounter
However, nighttime need not be specifically
sought for when (1) it facilitated the
commission of the offense, or (2) the
offender took advantage of the same to
commit the crime
A bare statement that crime was committed
at night is insufficient. The information must
allege that nighttime was sought for or taken
advantage of, or that it facilitated the crime
GENERAL RULE: Nighttime is absorbed in
treachery.
EXCEPTION: Where both the treacherous mode
of attack and nocturnity were deliberately decided
upon in the same case, they can be considered
separately if such circumstances have different
factual bases. Thus:
In People vs. Berdida, et. al. (June 30,
1966), nighttime was considered since it was
purposely sought, and treachery was further
appreciated because the victim’s hands and
arms were tied together before he was
beaten up by the accused.
In People vs. Ong, et. al. (Jan. 30, 1975),
there was treachery as the victim was
stabbed while lying face up and defenseless,
and nighttime was considered upon proof
that it facilitated the commission of the
offense and was taken advantage of by the
accused.
UNINHABITED PLACE (despoblado) – one where
there are no houses at all, a place at a considerable
distance from town, where the houses are scattered
at a great distance from each other
Solitude must be sought to better attain the
criminal purpose
What should be considered here is whether in the
place of the commission of the offense, there was
a reasonable possibility of the victim receiving
some help.
Page 16 of 174

BAND (en cuadrilla) – whenever there are more
than 3 armed malefactors that shall have acted
together in the commission of an offense
NOTE: There must be four or more armed men
If one of the four-armed malefactors is a principal
by inducement, they do not form a band because
it is undoubtedly connoted that he had no direct
participation.
“By a band” is aggravating in crimes against
property or against persons or in the crime of
illegal detention or treason but does not apply to
crimes against chastity
“By a band” is inherent in brigandage
This aggravating circumstance is absorbed in the
circumstance of abuse of superior strength
Par. 7. That the crime be committed on the
occasion of a conflagration, shipwreck,
earthquake, epidemic or other calamity or
misfortune.
Requisites:
1. The crime was committed when there was a
calamity or misfortune
2. The offender took advantage of the state of
confusion or chaotic condition from such
misfortune
If the offended was PROVOKED by the offended
party during the calamity/misfortune, this
aggravating circumstance may not be taken into
consideration.
Par. 8.That the crime be committed with the aid of
(1) armed men or
(2) persons who insure or afford impunity
Requisites:
1. That armed men or persons took part in the
commission of the crime, directly or
indirectly.
2. That the accused availed himself of their aid
or relied upon them when the crime was
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TIFF
committed. (Uncompressed) decompressor

NOTE: This aggravating circumstance requires that
the armed men are accomplices who take part in a
minor capacity directly or indirectly, and not when
they were merely present at the crime scene. Neither
should they constitute a band, for then the proper
aggravating circumstance would be cuadrilla.
When This Aggravating Circumstance Shall Not
Be Considered:

1. When both the attacking party and the party
attacked were equally armed.
2. When the accused as well as those who
cooperated with him in the commission of the
crime acted under the same plan and for the
same purpose.
3. When the others were only “casually present”
and the offender did not avail himself of any
of their aid or when he did not knowingly
count upon their assistance in the
commission of the crime
Par. 6 “By a band”

Par. 8. “With the aid of
armed men”

As to their number
Requires more than three At least two
armed malefactors (i.e.,
at least four)
As to their action
Requires that more than This
circumstance
is
three armed malefactors present even if one of the
shall have acted together offenders merely relied on
in the commission of an their aid, for actual aid is
offense.
not necessary.
If there are four armed men, aid of armed men is
absorbed in employment of a band. If there are
three armed men or less, aid of armed men may
be the aggravating circumstance.
“Aid of armed men” includes “armed women.”

Par. 9. That the accused is a recidivist
RECIDIVIST – 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 the RPC.
Requisites:
1. That the offender is on trial for an offense;
2. That he was previously convicted by final
judgment of another crime;
3. That both the first and the second offenses
are embraced in the same title of the Code;
4. That the offender is convicted of the new
offense.
MEANING OF “at the time of his trial for one
crime.”
It is employed in its general sense, including the
rendering of the judgment. It is meant to include
everything that is done in the course of the trial, from
Page 17 of 174

arraignment until after sentence is announced by the
judge in open court.
What is controlling is the TIME OF THE TRIAL,
not the time of the commission of the offense.
GENERAL RULE: To prove recidivism, it is
necessary to allege the same in the information and
to attach thereto certified copy of the sentences
rendered against the accused.
Exception: If the accused does not object and
when he admits in his confession and on the
witness stand.
Recidivism must be taken into account no matter
how many years have intervened between the
first and second felonies.
Amnesty extinguishes the penalty and its effects.
However, pardon does not obliterate the fact that
the accused was a recidivist. Thus, even if the
accused was granted a pardon for the first
offense but he commits another felony embraced
in the same title of the Code, the first conviction
is still counted to make him a recidivist
Being an ordinary aggravating circumstance,
recidivism affects only the periods of a penalty,
except in prostitution and vagrancy (Art. 202) and
gambling (PD 1602) wherein recidivism increases
the penalties by degrees. No other generic
aggravating circumstance produces this effect
In recidivism it is sufficient that the succeeding
offense be committed after the commission of the
preceding offense provided that at the time of his
trial for the second offense, the accused had
already been convicted of the first offense.
If both offenses were committed on the same
date, they shall be considered as only one,
hence, they cannot be separately counted in
order to constitute recidivism. Also, judgments of
convicted handed down on the same day shall be
considered as only one conviction.
REASON: Because the Code requires that to be
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considered as TIFF (Uncompressed) decompressor at the time of
separate convictions,
his trial for one crime the accused shall have
been previously convicted by final judgment of
the other.

Par. 10. That the offender has been previously
punished for 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.

Requisites Of Reiteracion Or Habituality:
1. That the accused is on trial for an offense;
2. That he previously served sentence for
another offense to which the law attaches an
a) Equal or
b) Greater penalty, or
c) For two or more crimes to which it
attaches a lighter penalty than that
for the new offense; and
3. That he is convicted of the new offense
HABITUALITY
RECIDIVISM
As to the first offense
It is necessary that the It is enough that a
offender shall have
final judgment has
served out his
been rendered in the
sentence for the first
first offense.
offense
As to the kind of offenses involved
The previous and
Requires that the
subsequent offenses
offenses be included
must not be em
in the same title of the
braced in the same
Code.
title of the Code.
THE FOUR FORMS OF REPETITION ARE:
1. Recidivism (par. 9, Art. 14) – Where a person,
on separate occasions, is convicted of two offenses
embraced in the same title in the RPC. This is a
generic aggravating circumstance.
2. Reiteracion or Habituality (par. 10, Art. 14) –
Where the offender has been previously punished for
an offense to which the law attaches an equal or
greater penalty or for two crimes to which it attaches
a lighter penalty. This is a generic aggravating
circumstance.
3. Multi-recidivism or Habitual delinquency (Art.
62, par, 5) – Where a person within a period of ten
years from the date of his release or last conviction of
the crimes of serious or less serious physical injuries,
robbery, theft, estafa or falsification, is found guilty of
the said crimes a third time or oftener. This is an
extraordinary aggravating circumstance.
4. Quasi-recidivism (Art. 160) – Where a person
commits felony before beginning to serve or while
serving sentence on a previous conviction for a
felony. This is a special aggravating circumstance.
Since reiteracion provides that the accused has
duly served the sentence for his previous
conviction/s, or is legally considered to have
Page 18 of 174

done so, quasi-recidivism cannot at the same
time
constitute
reiteracion,
hence
this
aggravating circumstance cannot apply to a
quasi-recidivist.

When another aggravating circumstance already
qualifies the crime, any of these aggravating
circumstances shall be considered as generic
aggravating circumstance only

If the same set of facts constitutes recidivism and
reiteracion, the liability of the accused should be
aggravated by recidivism which can easily be
proven.

When used as a means to kill another person,
the crime is qualified to murder.

Par. 11. That the crime be committed in
consideration of price, reward or promise.
Requisites:
1. There are at least 2 principals:
• The principal by inducement (one who
offers)
• The principal by direct participation
(accepts)
2. The price, reward, or promise should be
previous to and in consideration of the
commission of the criminal act
NOTE: The circumstance is applicable to both
principals .It affects the person who received the
price / reward as well as the person who gave it.
If without previous promise it was given
voluntarily after the crime had been committed as
an expression of his appreciation for the
sympathy and aid shown by the other accused, it
should not be taken into consideration for the
purpose of increasing the penalty.
The price, reward or promise need not consist of
or refer to material things or that the same were
actually delivered, it being sufficient that the offer
made by the principal by inducement be
accepted by the principal by direct participation
before the commission of the offense.
The inducement must be the primary
consideration for the commission of the crime.
Par. 12. That the crime be committed by means of
QuickTime™ and a
TIFF poison, decompressor
(Uncompressed)
inundation, fire,are needed to seeexplosion, stranding
this picture.
of a vessel or intentional damage thereto,
derailment of a locomotive, or by use of any
artifice involving great waste and ruin
The circumstances under this paragraph will only
be considered as aggravating if and when they
are used by the offender as a means to
accomplish a criminal purpose

PAR. 12 “by means
of inundation, fire,
etc.”
The crime is
committed by means
of any such acts
involving great waste
or ruin.

PAR. 7 “on the
occasion of a
conflagration,
shipwreck, etc.
The crime is committed
on the occasion of a
calamity or misfortune.

Par. 13. That the act be committed with evident
premeditation
Requisites:
The prosecution must prove –
1. The time when the offender determined to
commit the crime;
2. An act manifestly indicating that the culprit
has clung to his determination; and
3. A sufficient lapse of time between the
determination and execution, to allow him to
reflect upon the consequences of his act and
to allow his conscience to overcome the
resolution of his will.
Essence of premeditation: The execution of the
criminal act must be preceded by cool thought and
reflection upon the resolution to carry out the criminal
intent during the space of time sufficient to arrive at a
calm judgment.
To establish evident premeditation, it must be
shown that there was a period sufficient to afford
full opportunity for meditation and reflection, a
time adequate to allow the conscience to
overcome the resolution of the will, as well as
outward acts showing the intent to kill. It must be
shown that the offender had sufficient time to
reflect upon the consequences of his act but still
persisted in his determination to commit the
crime. (PEOPLE vs. SILVA, et. al., GR No.
140871, August 8, 2002)
Premeditation is absorbed by reward or promise.
When the victim is different from that intended,
premeditation is not aggravating. However, if the
Page 19 of 174

offender premeditated on the killing of any
person, it is proper to consider against the
offender the aggravating circumstance of
premeditation, because whoever is killed by him
is contemplated in his premeditation.
Par. 14. That (1) craft, (2) fraud, or (3) disguise be
employed.
Requisite
The offender must have actually used craft, fraud, or
disguise to facilitate the commission of the crime.
CRAFT (astucia) – involved the use of intellectual
trickery or cunning on the part of the accused.
A chicanery resorted to by the accused to aid in the
execution of his criminal design. It is employed as a
scheme in the execution of the crime.
FRAUD (fraude) – insidious words or machinations
used to induce the victim to act in a manner which
would enable the offender to carry out his design.

FRAUD
Where there is a direct
inducement by insidious
words or machinations,
fraud is present.

CRAFT
The act of the
accused done in
order not to arouse
the suspicion of the
victim constitutes
craft.

Craft and fraud may be absorbed in treachery if
they have been deliberately adopted as the
means, methods or forms for the treacherous
strategy, or they may co-exist independently
where they are adopted for a different purpose in
the commission of the crime.
Ex:
In People vs. San Pedro (Jan. 22, 1980),
where the accused pretended to hire the
driver in order to get his vehicle, it was held
that there was craft directed to the theft of the
QuickTime™ and a
vehicle,
separate
from
the
means
are needed to treacherously kill the
subsequently usedto see this picture.
defenseless driver.
In People vs. Masilang (July 11, 1986) there
was also craft where after hitching a ride, the
accused requested the driver to take them to
a place to visit somebody, when in fact they
had already planned to kill the driver.

DISGUISE (disfraz) – resorting to any device to
conceal identity.
The test of disguise is whether the device or
contrivance resorted to by the offender was
intended to or did make identification more
difficult, such as the use of a mask or false hair or
beard.
The use of an assumed name in the publication
of a libel constitutes disguise.
Par. 15. That (1) advantage be taken of superior
strength, or (2) means be employed to
weaken the defense.
Par. 15 contemplates two aggravating circumstances,
either of which qualifies a killing to murder.
MEANING OF “advantage be taken”:
To deliberately use excessive force that is out of
proportion to the means for self-defense available to
the person attacked. (PEOPLE vs. LOBRIGAS, et.
al., GR No. 147649, December 17, 2002)
No Advantage Of Superior Strength In The
Following:
1. One who attacks another with passion and
obfuscation does not take advantage of his
superior strength.
2. When a quarrel arose unexpectedly and the
fatal blow was struck at a time when the
aggressor and his victim were engaged
against each other as man to man.
TEST for abuse of superior strength: the
relative strength of the offender and his victim
and whether or not he took advantage of his
greater strength.
When there are several offenders participating in
the crime, they must ALL be principals by direct
participation and their attack against the victim
must be concerted and intended to be so.
Abuse of superior strength is inherent in the
crime of parricide where the husband kills the
wife. It is generally accepted that the husband is
physically stronger than the wife.
Abuse of superior strength is also present when
the offender uses a weapon which is out of
proportion to the defense available to the
offended party.

Page 20 of 174

“BY A BAND”

“ABUSE OF
SUPERIOR
STRENGTH”

The element of
band is appreciated
when the offense is
committed by more
than three armed
malefactors
regardless of the
comparative
strength of the
victim or victims.

The gravamen of
abuse of superiority
is the taking
advantage by the
culprits of their
collective strength to
overpower their
relatively weaker
victim or victims.
Hence, what is taken
into account here is
not the number of
aggressors nor the
fact that they are
armed, but their
relative physical
strength vis-a vis the
offended party.

NOTE: Abuse of superior strength absorbs cuadrilla
(“band”).
MEANING OF “Means employed to weaken
defense” - the offender employs means that
materially weaken the resisting power of the offended
party.
Ex:
1. Where one, struggling with another, suddenly
throws a cloak over the head of his opponent
and while in this situation he wounds or kills
him.
2. One who, while fighting with another,
suddenly casts sand or dirt upon the latter
eyes and then wounds or kills him.
3. When the offender, who had the intention to
kill the victim, made the deceased
intoxicated, thereby materially weakening the
latter’s resisting power.
QuickTime™ andapplicable only to
NOTE: This circumstance decompressor
is a
TIFF (Uncompressed)
crimes against persons, and sometimes against
person and property, such as robbery with
physical injuries or homicide.
Par. 16. That the act be committed with treachery
(alevosia)
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.
Requisites:
1. That at the time of the attack, the victim was
not in a position to defend himself; and
2. That the offender consciously adopted the
particular means, method or form of attack
employed by him.
TEST: It is not only the relative position of the parties
but, more specifically, whether or not the victim was
forewarned or afforded the opportunity to make a
defense or to ward off the attack.
Rules Regarding Treachery:
1. Applicable only to crimes against persons.
2. Means, methods or forms need not insure
accomplishment of crime.
3. The mode of attack must be consciously
adopted.
Treachery is taken into account even if the crime
against the person is complexed with another
felony involving a different classification in the
Code. Accordingly, in the special complex crime
of robbery with homicide, treachery but can be
appreciated insofar as the killing is concerned.
The suddenness of attack in itself does not
constitute treachery, even if the purpose was to
kill, so long as the decision was made all of a
sudden and the victim’s helpless position was
accidental.
Treachery applies in the killing of a child even if
the manner of attack is not shown.
Treachery must be
convincing evidence

proved

by

clear

and

Treachery is considered against all the offenders
when there is conspiracy.
WHEN MUST TREACHERY BE PRESENT:
1. When the aggression is continuous,
treachery must be present in the beginning of
the assault. (PEOPLE vs. MANALAD, GR
No. 128593, August 14, 2002)
Thus, even if the deceased was shot
while he was lying wounded on the
ground, it appearing that the firing of the
shot was a mere continuation of the
assault in which the deceased was
Page 21 of 174

wounded, with no appreciable time
intervening between the delivery of the
blows and the firing of the shot, it cannot
be said that the crime was attended by
treachery.
2. When the assault was not continuous, in
that there was interruption, it is sufficient that
treachery was present at the moment the
fatal blow was given.
Hence, even though in the inception of
the aggression which ended in the death
of the deceased, treachery was not
present, if there was a break in the
continuity of the aggression and at the
time of the fatal wound was inflicted on
the deceased he was defenseless, the
circumstance of treachery must be taken
into account.
Treachery Should Be Considered Even If:
1. The victim was not predetermined but there
was a generic intent to treacherously kill any
first two persons belonging to a class. (The
same rule obtains for evident premeditation).
2. There was aberratio ictus and the bullet hit a
person different from that intended. (The rule
is different in evident premeditation).
3. There was error in personae, hence the
victim was not the one intended by the
accused. (A different rule is applied in
evident premeditation).
REASON FOR THE RULE: When there is
treachery, it is impossible for either the intended
victim or the actual victim to defend himself
against the aggression.
TREACHERY ABSORBS:
1. Craft
2. Abuse of superior strength
3. Employing means to weaken the defense
QuickTime™ and a
4. Cuadrilla (“band”)
5. Aid of armed men
6. Nighttime

TREACHERY

ABUSE OF
SUPERIOR
STRENGTH

Means, methods
or forms are
employed by the
offender to make it
impossible or hard
for the offended
party to put any
sort of resistance

Offender does
not employ
means,
methods or
forms of attack,
he only takes
advantage of his
superior
strength

MEANS
EMPLOYED TO
WEAKEN
DEFENSE
Means are
employed but it
only materially
weakens the
resisting power of
the offended
party

Par. 17. That means be employed or
circumstances brought about which add
ignominy to the natural effects of the act
IGNOMINY – is a circumstance pertaining to the
moral order, which adds disgrace and obloquy to the
material injury caused by the crime.
MEANING OF “which add ignominy to the natural
effects thereof”
The means employed or the circumstances brought
about must tend to make the effects of the crime
more humiliating to victim or to put the offended party
to shame, or add to his moral suffering. Thus it is
incorrect to appreciate ignominy where the victim was
already dead when his body was dismembered, for
such act may not be considered to have added to the
victim’s moral suffering or humiliation. (People vs.
Carmina, G.R. No. 81404, January 28, 1991)
Applicable to crimes against chastity, less
serious physical injuries, light or grave
coercion, and murder.
Par. 18. That the crime be committed after an
unlawful entry.
UNLAWFUL ENTRY - when an entrance is effected
by a way not intended for the purpose.
NOTE: Unlawful entry must be a means to effect
entrance and not for escape.
REASON FOR AGGRAVATION:
One who acts, not respecting the walls erected by
men to guard their property and provide for their
personal safety, shows a greater perversity, a greater
audacity; hence, the law punishes him with more
severity.

Page 22 of 174

Par. 19. That as a means to the commission of a
crime, a wall, roof, floor, door, or window be
broken.

Applicable only if such acts were done by
the offender to effect ENTRANCE. If the
wall, etc., is broken in order to get out of the
place, it is not an aggravating circumstance.
It is NOT necessary that the offender should
have entered the building Therefore, If the
offender broke a window to enable himself to
reach a purse with money on the table near
that window, which he took while his body
was outside of the building, the crime of theft
was
attended
by
this
aggravating
circumstance.
PAR. 19
It involves the breaking
(rompimiento) of the
enumerated parts of
the house.

PAR. 18
Presupposes that there
is no such breaking as
by entry through the
window.

NOTE: Breaking in is lawful in the following
instances:
1. An officer, in order to make an arrest, may
break open a door or window of any building
in which the person to be arrested is or is
reasonably believed to be;
2. An officer, if refused admittance, may break
open any door or window to execute the
search warrant or liberate himself,
3. Replevin, Section 4, Rule 60 of the Rules of
Court
Par. 20. That the crime be committed
(1) with the aid of persons under fifteen (15)
years of age, or
(2) by means of motor vehicles, airships, or
other similar means.
QuickTime™ and a
TWO DIFFERENT CIRCUMSTANCES GROUPED
are needed
IN THIS PARAGRAPH: to see this picture.
1. With the aid of persons under fifteen years of
age:
Intends to repress, so far as possible, the
frequent practice resorted to by professional
criminals to avail themselves of minors taking
advantage of their irresponsibility.
2. By means of motor vehicles, airships, or
other similar means:

Intended to counteract the great facilities
found by modern criminals in said means to
commit crime and flee and abscond once the
same is committed.
Use of motor vehicle is aggravating where
the accused purposely and deliberately used
the motor vehicle in going to the place of the
crime, in carrying away the effects thereof,
and in facilitating their escape.
MEANING OF “or other similar means”
Should be understood as referring to motorized
vehicles or other efficient means of transportation
similar to automobile or airplane.

Par. 21. That the wrong done in the commission
of the crime be deliberately augmented by
causing other wrong not necessary for its
commission
CRUELTY – there is cruelty when the culprit enjoys
and delights in making his victim suffer slowly and
gradually, causing unnecessary physical pain in the
consummation of the criminal act.
Requisites:
1. That the injury caused be deliberately
increased by causing other wrong;
2. That the other wrong be unnecessary for the
execution of the purpose of the offender.
Cruelty is not inherent in crimes against persons.
In order for it to be appreciated, there must be
positive proof that the wounds found on the body
of the victim were inflicted while he was still alive
in order unnecessarily to prolong physical
suffering.
Cruelty cannot be presumed
If the victim was already dead when the acts of
mutilation were being performed, this would also
qualify the killing to murder due to outraging of
his corpse.
IGNOMINY (PAR.17)
Involves
MORAL
suffering

CRUELTY (PAR. 21)
Refers to PHYSICAL
suffering

Unlike mitigating circumstances (par. 10, Art.
13), there is NO provision for aggravating
circumstances of a similar or analogous
character.

Page 23 of 174

CHAPTER FIVE
ALTERNATIVE CIRCUMSTANCES

ALTERNATIVE CIRCUMSTANCES – 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.

ART.15 Concept of Alternative Circumstances
BASIS:
The nature and effects of the crime and the other
conditions attending its commission.
THE ALTERNATIVE CIRCUMSTANCES ARE:
1. Relationship;
2. Intoxication; and
3. Degree of instruction and education of the
offender.
RELATIONSHIP
The alternative circumstance of relationship shall be
taken into consideration when the offended party is
the –
1. Spouse,
2. Ascendant,
3. Descendant,
4. Legitimate, natural, or adopted brother or
sister, or
5. Relative by affinity in the same degree of the
offender.
Other Relatives Included (By Analogy):
1. The relationship of stepfather or stepmother
and stepson or stepdaughter.
REASON: It is the duty of the
stepparents QuickTime™ and a
to bestow upon their
stepchildren a mother’s/father’s affection,
care and protection.
2. The relationship of adopted parent and
adopted child.
NOTE: But the relationship of uncle and niece is not
covered by any of the relationship mentioned.

When Relationship Mitigating And When
Aggravating:
1. As a rule, relationship is mitigating in crimes
against property, by analogy to the provisions of
Art. 332.
Thus, relationship is mitigating in the crimes
of robbery (Arts. 294-302), usurpation (Art.
312), fraudulent insolvency (Art. 314) and
arson (Arts. 321-322, 325-326).
2. In crimes against persons –
a) It is aggravating where the offended party is
a relative of
I. a higher degree than the offender, or
II. when the offender and the offended party
are relatives of the same level (e.g.
brothers)
b) But when it comes to physical injuries:
i. It is aggravating when the crime
involves serious physical injuries (Art.
263), even if the offended party is a
descendant of the offender. But the
serious physical injuries must not be
inflicted by a parent upon his child by
excessive chastisement.
ii. It is mitigating when the offense
committed is less serious physical
injuries or slight physical injuries, if the
offended party is a relative of a lower
degree.
iii. It is aggravating if the offended party is
a relative of a higher degree of the
offender.
c) When the crime is homicide or murder,
relationship is aggravating even if the victim
of the crime is a relative of a lower degree.
d) In rape, relationship is aggravating where a
stepfather raped his stepdaughter or in a
case where a father raped his own daughter.
3. In crimes against chastity, like acts of
lasciviousness (Art. 336), relationship is always
aggravating, regardless of whether the offender
is a relative of a higher or lower degree of the
offended party.
When the qualification given to the crime is
derived from the relationship between the
offender and the offended party, it is neither
mitigating nor aggravating, because it is
inseparable from and inherent in the offense.
(e.g. parricide, adultery and concubinage).

Page 24 of 174

INTOXICATION
When
Intoxication
Mitigating
And
When
Aggravating:
1. Mitigating –
i. If intoxication is not habitual, or
ii. If intoxication is not subsequent to the plan to
commit a felony.
2. Aggravating –
i. If intoxication is habitual, or
ii. If it is intentional (subsequent to the plan to
commit a felony).
To Be Entitled To The Mitigating Circumstance Of
Intoxication, It Must Be Shown:
1. That at the time of the commission of the
criminal act, the accused has taken such
quantity of alcoholic drinks as to blur his
reason and deprive him of a certain degree
of control, and
2. That such intoxication is not habitual, or
subsequent to the plan to commit the felony.
To be mitigating, the accused’s state of
intoxication
must
be
proved.
Once
intoxication is established by satisfactory
evidence, in the absence of proof to the
contrary, it is presumed to be non-habitual or
unintentional.
INSTRUCTION OR EDUCATION
As an alternative circumstance it does not
refer only to literacy but more to the level of
intelligence of the accused.
Refers to the lack or presence of sufficient
intelligence and knowledge of the full
significance of one’s acts.
Low degree of instruction and education
or lack of it is generally mitigating. High
degree of instruction and education is
aggravating, when the offender took
advantage of his learning in committing the
crime.
GENERAL RULE: Lack of sufficient education is
QuickTime™ and a
mitigating.
EXCEPTIONS:
1. Crimes against property (e.g. arson,
estafa, theft, robbery)
2. Crimes against chastity, and
3. Treason – because love of country
should be a natural feeling of every
citizen, however unlettered or uncultured
he may be.

TITLE TWO
PERSONS CRIMINALLY LIABLE FOR
FELONIES

ART.16.WHO ARE CRIMINALLY LIABLE
Note that accessories are not liable for light
felonies. REASON: In the commission of light
felonies, the social wrong as well as the
individual prejudice is so small that penal
sanction is unnecessary.
The classification of the offenders as principal,
accomplice or an accessory is essential under
the RPC. The classification maybe applied to
special laws only if the latter provides for the
same graduated penalties as those provided
under the RPC.
There Are Two Parties In All Crimes:
1. Active subject (the criminal)
Art. 16 enumerates the active subjects
of the crime.
2. Passive subject (the injured party)
Is the holder of the injured right: the
man, the juristic person, the group, and
the State.
Note: Only natural persons can be the
active subject of crime because of the
highly personal nature of the criminal
responsibility.
However, corporation and partnership
can be a passive subject of a crime.
GENERALLY: Corpses and animals
cannot be passive subjects because
they have no rights that may be
injured.
EXCEPTION: Under Art. 253, the
crime of defamation may be
committed if the imputation tends to
blacken the memory of one who is
dead.
This article applies only when the
offenders are to be judged by their
individual, and not collective, liability.

Page 25 of 174

ART.17.PRINCIPALS
THREE TYPES OF PRINCIPALS:
1. Principal by DIRECT PARTICIPATION
(par.1)
2. Principal by INDUCTION (par.2)
3. Principal
by
INDISPENSABLE
COOPERATION (par.3)
•
Par. 1 – Principals by direct participation
Requisites:
1. That they participated in the criminal
resolution; and (conspiracy)
2. That they carried out their plan and
personally took part in its execution by acts
which directly tended to the same end.
NOTE: If the second element is missing, those who
did not participate in the commission of the acts of
execution cannot be held criminally liable, unless the
crime agreed to be committed is treason, sedition,
coup d’ etat or rebellion.
MEANING OF “personally took part in its
execution”
That the principal by direct participation must
be at the scene of the commission of the
crime, personally taking part in its execution.
Under conspiracy, although he was not
present in the scene of the crime, he is
equally liable as a principal by direct
participation.
Ex: One serving as guard pursuant to the
conspiracy is a principal by direct
participation
CONSPIRACY – there is unity of purpose and
intention.
How conspiracy is established: a
QuickTime™ and
decompressor
• It is proven by TIFF (Uncompressed) this picture. reasonable
overt acttoand beyond
are needed see
doubt
• Mere knowledge or approval is insufficient
• It is not necessary that there be formal
agreement
• Conspiracy is implied when the accused had a
common purpose and were united in execution.
• Unity of purpose and intention in the commission
of the crime may be shown in the following
cases:

1. Spontaneous agreement at the moment of
the commission of the crime
2. Active cooperation by all the offenders in the
perpetration of the crime
3. Contribution by positive acts to the realization
of a common criminal intent
4. Presence during the commission of the crime
by a band and lending moral support thereto.
While conspiracy may be implied from the
circumstances attending the commission of the
crime, it is nevertheless a rule that conspiracy
must be established by positive and conclusive
evidence.

NOTES:
Conspirator is not liable for the crimes of the
others which are not the object of the conspiracy
nor are logical or necessary consequences
thereof
Regarding multiple rape – each rapist is liable for
another’s crime because each cooperated in the
commission of the rapes perpetrated by the
others
EXCEPTION: in the crime of murder w/
treachery – all the offenders must at least
know that there will be treachery in executing
the crime or cooperate therein.
No such thing as conspiracy to commit an
offense through negligence. However, special
laws may make one a co-principal.
Conspiracy is negated by the acquittal of codefendant.
Par. 2 – Principals by induction
Requisites:
1. That the inducement be made directly with
the intention of procuring the commission of
the crime; and
2. That such inducement be the determining
cause of the commission of the crime by the
material executor.
One cannot be held guilty of having instigated the
commission of the crime without first being
shown that the crime was actually committed (or
attempted) by another.
Thus, there can be no principal by inducement
(or by indispensable cooperation) unless there is
a principal by direct participation. But there can
be a principal by direct participation without a
Page 26 of 174

principal by inducement (or by indispensable
cooperation).

If the person who actually committed the crime
had reason of his own to commit the crime, it
cannot be said that the inducement was
influential in producing the criminal act.

Two Ways Of Becoming Principal By Induction:
1. By directly forcing another to commit a crime
by :
a) Using irresistible force.
b) Causing uncontrollable fear.
In these cases, there is no conspiracy, not
even a unity of criminal purpose and
intention. Only the one using the force or
causing the fear is criminally liable. The
material executor is not criminally liable
because of Art. 12, pars. 5 and 6
(exempting circumstances)
2. By directly inducing another to commit a
crime by –
a) Giving of price, or offering of reward or
promise.
The one giving the price or offering the
reward or promise is a principal by
inducement while the one committing the
crime in consideration thereof is a principal
by direct participation. There is collective
criminal responsibility.
b) Using words of command
The person who used the words of
command is a principal by inducement
while the person who committed the crime
because of the words of command is a
principal by direct participation. There is
also collective criminal responsibility.
Requisites for words of command to be
considered inducement:
1. Commander has the intention of procuring
the commission of the crime
2. Commander has ascendancy or influence
3. Words used be so direct, so efficacious, so
powerful
4. Command be uttered prior to the commission
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5. Executor had (Uncompressed) decompressor
no personal reason
TIFF

NOTE: Words uttered in the heat of anger and in the
nature of the command that had to be obeyed do not
make one an inductor.
The inducement must precede the act induced
and must be so influential in producing the
criminal act that without it, the act would not have
been performed. Mere imprudent advice is not
inducement.

PRINCIPAL BY
INDUCEMENT

OFFENDER WHO
MADE PROPOSAL TO
COMMIT A FELONY
In both

There is an inducement to commit a crime
When liable
Becomes liable only
when the crime is
committed
by
the
principal
by
direct
participation.

The mere proposal to
commit
a
felony
is
punishable in treason or
rebellion. However, the
person to whom the
proposal is made should
not commit the crime,
Otherwise, the proponent
becomes a principal by
inducement.

What kind of crime involved
Involves any crime

The
proposal
to
be
punishable must involve
only treason or rebellion.

Effects Of Acquittal Of Principal By Direct
Participation Upon Liability Of Principal By
Inducement:
1. Conspiracy is negatived by the acquittal of codefendant.
2. One cannot be held guilty of having instigated the
commission of a crime without first being shown
that the crime has been actually committed by
another.
But if the one charged as principal by direct
participation is acquitted because he acted
without criminal intent or malice, his acquittal
is not a ground for the acquittal of the
principal by inducement.
REASON FOR THE RULE: In exempting
circumstances, such as when the act is not
voluntary because of lack of intent on the
part of the accused, there is a crime

Page 27 of 174

committed, only that the accused is not a
criminal.
Par. 3 – Principal by indispensable
cooperation
Requisites:
1. Participation in the criminal resolution, that is,
there is either anterior conspiracy or unity of
criminal purpose and intention immediately
before the commission of the crime charged;
and
2. Cooperation in the commission of the offense
by performing another act, without which it
would not have been accomplished.
MEANING OF “cooperation in the commission of
the offense”
To desire or wish in common a thing. But that
common will or purpose does not necessarily mean
previous understanding, for it can be explained or
inferred from the circumstances of each case.
NOTE: If the cooperation is not indispensable,
the offender is only an accomplice.
Collective Criminal Responsibility:
This is present when the offenders are criminally
liable in the same manner and to the same
extent. The penalty to be imposed must be the
same for all.
Principals by direct participation have collective
criminal responsibility. Principals by induction,
(except those who directly forced another to
commit a crime) and principals by direct
participation
have
collective
criminal
responsibility. Principals by indispensable
cooperation
have
collective
criminal
responsibilities with the principals by direct
participation.
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Individual Criminal Responsibility:

In the absence of any previous conspiracy,
unity of criminal purpose and intention
immediately before the commission of the
crime, or community of criminal design, the
criminal responsibility arising from different acts
directed against one and the same person is
considered as individual and not collective, and
each of the participants is liable only for the act
committed by him.

QUASI-COLLECTIVE criminal responsibility:
Some of the offenders in the crime are principals and
the others are accomplices.
ART.18.ACCOMPLICES–
ACCOMPLICES - Persons who do not act as
principals but cooperate in the execution of the
offense by previous and simultaneous acts, which are
not indispensable to the commission of the crime.
They act as mere instruments that perform acts not
essential to the perpetration of the offense
Requisites: (the following must concur)
1. That there be community of design; that is,
knowing the criminal design of the principal
by direct participation, he concurs with the
latter his purpose;
2. That he cooperates in the execution of the
offense by previous or simultaneous acts,
with the intention of supplying material or
moral aid in the execution of the crime in an
efficacious way; and
3. That there be a relation between the acts
done by the principal and those attributed to
the person charged as an accomplice.
NOTES:
Before there could be an accomplice, there
must be a principal by direct participation.
The person charged as an accomplice should
not have inflicted a mortal wound. If he inflicted
a mortal wound, he becomes a principal by
direct participation.
In case of doubt, the participation of the
offender will be considered that of an
accomplice rather than that of a principal.

ART.19.ACCESSORIES
Accessories are those who:
1. having knowledge of the commission of the
crime, and
2. without having participated therein either as
principals or accomplices, take part
subsequent to its commission in any of the
following acts:
a. By profiting themselves or assisting the
offender to profit by the effects of the
crime.
Page 28 of 174

b. Assisting the offender to profit by the
effects of the crime.
c. By concealing or destroying the body of
the crime to prevent its discovery.
In profiting by the effects of the crime, the accessory
must receive the property from the principal. He
should not take it without the consent of the principal.
If he took it without the consent of the principal, he is
not an accessory but a principal in the crime of theft.
EXAMPLE:
PAR. 1 - person received and used property from
another, knowing it was stolen
PAR. 2 - placing a weapon in the hand of the
dead who was unlawfully killed to plant evidence,
or burying the deceased who was killed by the
principals
PAR. 3 - a) public officers who harbor, conceal or
assist in the escape of the principal of any crime
(not light felony) with abuse of his public
functions
b) private persons who harbor, conceal or assist
in the escape of the author of the crime – guilty of
treason, parricide, murder or an attempt against
the life of the President, or who is known to be
habitually guilty of some crime.
GENERAL RULE: If the Principal is acquitted the
Accessory is also acquitted. The responsibility of the
accessory is subordinate to that of the principal in a
crime
Exception: When the crime was in fact
committed by the principal, but the principal is
covered by exempting circumstances (Art 12)
and as a result he is not held liable. However, it is
possible that the accessory may still be held
liable even if the principal was acquitted by an
exempting circumstance
Trial of accessory may proceed without awaiting
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the result of TIFF (Uncompressed) this picture.
the needed to see decompressor against the
separate charge
are
principal because the criminal responsibilities are
distinct from each other
Two classes of accessories contemplated in par.
3 of art. 19
1. PUBLIC officers, who harbor, conceal or
assist in the escape of the principal of any
crime (not light felony) with abuse of his
public functions.

Requisites:
1. The accessory is a public officer.
2. He harbors, conceals, or assists in the
escape of the principal.
3. The public officer acts with abuse of his
public functions.
4. The crime committed by the principal is
any crime, provided it is not a light felony.
2. PRIVATE persons who harbor, conceal or
assist in the escape of the author of the crime
who is guilty of treason, parricide, murder, or
attempts against the life of the President, or
who is known to be habitually guilty of some
other crime.
Requisites:
1. The accessory is a private person.
2. He harbors, conceals or assists in the
escape of the author of the crime.
3. The crime committed by the principal is
either:
a. Treason,
b. Parricide,
c. Murder,
d. An attempt against the life of the
President, or
e. That the principal is known to be
habitually guilty of some other crime.
Neither the letter nor the spirit of the law requires
that the principal be convicted before one may be
punished as an accessory. As long as the corpus
delicti is proved and the accessory’s participation
as such is shown, he can be held criminally
responsible and meted out the corresponding
penalty (Inovero vs. Coronel, CA, 65 O.G.
3160).
The prescribed acts of the accessory under par.
2 must have been intended to prevent the
discovery of the crime, hence, mere silence does
not make one an accessory. If, however, the
crime involved is a conspiracy to commit treason,
his silence may hold him liable for misprision of
treason (Art. 116) but as a principal thereof.
Where the accused misleads the authorities by
giving them false information, such act is
equivalent to concealment and he should be held
as an accessory.

Page 29 of 174

PRINCIPAL

ACCESSORY

Takes direct part or cooperates
in, or induces the commission
of the crime

Does NOT take direct
part or cooperates in, or
induces the commission
of the crime
does not take part in the
commission of the
offense

cooperates in the commission
of the offense by acts either
prior thereto or simultaneous
therewith
Participates during commission
of the crime

Participation of the
accessory in all cases
always SUBSEQUENT
to the commission of the
crime

ANTI-FENCING LAW OF 1979
PRES. DECREE 1612

FENCING– is an act, with intent to gain, of buying,
selling, receiving, possessing, keeping, or in any
other manner dealing in anything of value which a
person knows or should have known to be derived
from the proceeds of the crime of robbery or theft.
FENCE– is a person who commits the act of fencing.
A fence who receives stolen property as aboveprovided is not an accessory but a principal in the
crime defined in and punished by the Anti-Fencing
Law.

3. descendant, or
4. legitimate, natural or adopted brother, sister
or relative by affinity within the same degree.
Accessory Is Not Exempt From Criminal Liability
Even If The Principal Is Related To Him, If Such
Accessory –
1. profited by the effects of the crime, or
2. assisted the offender to profit by the effects
of the crime.
REASON: Because such acts are prompted not by
affection but by a detestable greed.

NOTES:
Nephew and Niece not included
Public officer contemplated in par. 3 of Art. 19 is
exempt by reason of relationship to the principal,
even if such public officer acted with abuse of his
official functions.
REASON: Ties of blood or relationship
constitutes a more powerful incentive than the
call of duty.
P.D. 1829 penalizes the act of any person who
knowingly or willfully obstructs, impedes, frustrates or
delays the apprehension of suspects and the
investigation and prosecution of criminal cases.
The benefits of the exception in Art. 20 do
not apply to PD 1829.

TITLE THREE
PENALTIES

Mere possession of anything of value which has been
the subject of robbery or theft shall be prima facie
evidence of fencing.
Chapter One : PENALTIES IN GENERAL
ART.20.ACCESSORIES WHO ARE EXEMPT FROM
CRIMINAL LIABILITY
BASIS:
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The exemption provided for in this article is based on
the ties of blood and the preservation of the
cleanliness of one’s name, which compels one to
conceal crimes committed by relatives so near as
those mentioned in this article.
AN ACCESSORY IS EXEMPT FROM CRIMINAL LIABLITY
WHEN THE PRINCIPAL IS HIS :
1. spouse, or
2. ascendant, or

PENALTY – suffering inflicted by the State for the
transgression of a law.
Different Juridical Conditions Of Penalty:
1. Must be productive of suffering, without
however affecting the integrity of the human
personality.
2. Must be commensurate with the offense –
different crimes must be punished with
different penalties.

Page 30 of 174

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