Penal Law [FINALS]

Conspiracy and Proposal

Art. 8 When two or more persons come to an agreement concerning the commission of a felony and decide to commit it. Two ways for conspiracy to exist: (1) There is an agreement. (2) The participants acted in concert or simultaneously which is indicative of a meeting of the minds towards a common criminal goal or criminal objective

Two ways for conspiracy to exist:

Art. 8 (1) There is an agreement. (2) The participants acted in concert or simultaneously which is indicative of a meeting of the minds towards a common criminal goal or criminal objective. When several offenders act in a synchronized, coordinated manner, the fact that their acts complimented each other is indicative of the meeting of the minds. There is an implied agreement.

Offenses not subject to the Revised Penal Code

Article 10 Offenses which are or in the future may be punishable under special laws are not subject to the provisions of this code. This code shall be supplementary to such laws.

Requisites for Self Defense

Article 11 1. Unlawful Aggression - an attack or a threatened attack which produces an imminent danger to the life and limb of the one resorting to self-defense 2. Reasonable necessity of the means employed to prevent or repel it - If the offender did not retaliate, he will be the one injured or have his life taken away. 3. Lack of sufficient provocation on the part of the person defending himself

Justifying Circumstances

Article 11 - Acts of a person said to be in accordance with the law, such that a person is deemed not to have transgressed the law - There is no civil and criminal liability - In the nature of defensive acts, hence, unlawful aggression must always exist. 1. Self-Defense; 2. Defense of family members and relatives; 3. Defense of strangers; 4. Prevention of Evil Deeds or Injury; - to avoid evil or injury, does an act which causes damage to another. 5. Fulfillment of Duty; - acts in the fulfillment of a duty or in the lawful exercise of a right or office 6. Obedience to an Order - acts in obedience to an order issued by a superior for some lawful purpose

Exempting Circumstances

Article 12 - Crime is committed. - No criminal liability arises from it, because of the complete absence of any of the conditions which constitute free will or voluntariness of the act. - Reason for exemption lies on the involuntariness of the act. 1. An imbecile or insane person 2. A person under nine years of age 3. A person over nine years of age and under 15, unless he has acted with discernment 4. Any person who, while performing a lawful act with due care, causes an injury by mere accident without fault or intention of causing it 5. Any person who acts under the compulsion of an irresistible force 6. Any person who acts under the impulse of an uncontrollable fear of an equal or greater injury 7. Any person who fails to perform an act required by law, when prevented by some lawful or unsuperable cause.

Impossible Crime

Article 4 (2) An act which would be an offense against person or property were it not for the inherent impossibility of its accomplishment or on account of the employment of inadequate or ineffectual means. Under Article 4, paragraph 2, impossible crime is true only when the crime committed would have been against person or against property.

Requisites for Impossible Crimes

Article 4 (2) 1. Act performed would be an offense against persons or property; 2. Act was done with evil intent; 3. Accomplishment is inherently impossible, or means employed is either inadequate or ineffectual; -- essence of an impossible crime 4. Act performed should not constitute a violation of another provision of the Revised Penal Code.

Inherent Impossibility

Article 4 (2) Under any and all circumstances, the crime could not have materialized. Two kinds of inherent impossibility: 1. Legal Impossibility - intended acts, even if completed would not amount to a crime. (ex. killing a dead person) 2. Physical Impossibility - extraneous circumstances unknown to the accused prevent the consummation of the intended crimes (ex. pickpocketing an empty wallet)

Duties of the court when it comes to wrongful acts that must be repressed but not covered by law, and excessive penalties

Article 5 1. In cases of ACTS WHICH SHOULD BE REPRESSED BUT WHICH ARE NOT COVERED BY LAW - Court shall render the proper decision and report to the Chief Executive (PRESIDENT) through the Department of Justice, reasons which induce the court to believe that the act should be made the subject of penal legislation 2. In cases of EXCESSIVE PENALTIES - Court shall submit to the Chief Executive, through the Department of Justice, such statement as may be deemed proper (without suspending the execution of the sentence), when a strict enforcement of the provisions of this Code would result in the imposition of a clearly excessive penalty, taking into consideration: 1. Degree of malice 2. Injury caused by the offense

Classification of Felonies According to Stages of Execution

Article 6 1. Consummated - all elements necessary for its execution and accomplishment are present. 2. Frustrated - offender performs all the acts of execution which would produce the felony as a consequence, but which, nevertheless, does not produce it by reason of causes independent of the will of the perpetrator. 3. Attempted - offender commences the commission of the felony directly by overt acts, and does not perform all the acts of execution which should produce the felony by reason of some clause or accident other than his own spontaneous desistance

Classification of Felonies According to their Gravity

Article 9 1. Grave Felonies - law attaches capital punishment or penalties which in any of their periods are afflictive, in accordance with article 25 of this code. 2. Less Grave Felonies - law punishes with penalties in their maximum period are correctional 3. Light Felonies - infractions of law for the commission of which the penalty of arresto menor or a fine not exceeding 200 pesos or both, is provided. --> Punished only if consummated --> No frustrated/attempted stage --> Traffic offenses

Whenever an accused has undergone preventive imprisonment for a period equal to or more than the possible maximum imprisonment of the offense charged to which he may be sentenced and his case is not yet terminated

HE SHALL BE RELEASED IMMEDIATELY WITHOUT PREJUDICE TO THE CONTINUATION OF THE TRIAL THEREOF OR THE PROCEEDING ON APPEAL, IF THE SAME IS UNDER REVIEW.

Accessories

Having knowledge of the commission of the crime, and without having participation therein, take part subsequent to its commission in any of the following manners: 1. By profiting themselves or assisting the offender to profit by the effects of the crime. 2. By concealing or destroying the body of the crime, or the effects or instruments thereof, preventing its discovery 3. By harboring, concealing, or assisting in the escape of the principal of the crime, provided: a. the accessory is abusing his public functions b. author of the crime guilty of treason, parricide, murder or an attempt to take the life of the Chief Executive c. habitually guilty of some other crimes

Justifying Circumstances (4) - Prevention of Evil Deeds or Injury

In order to avoid an evil or injury, does an act which causes to damage another.

Characteristics of a conspiracy

1. 2 or more commit to commission a felony (agreement must precede the commission) 2. A conscious decision to work together

Conspiracy is evidenced by:

1. A written conspiracy by the conspirator 2. Any physical evidence that proves connectino

Elements that must be present in Actus non facit reum, nisi mens sit rea

1. Actus Reus - Guilty Act 2. A mens rea - Guilty Mind

What is the purpose of the classification of felony in accordance with its stages of execution?

It is to bring about a proportionate penalty and equitable punishment. The penalties are graduated according to their degree of severity.

In proving its existence, conspiracy takes two forms:

1. Expressed - has proof of an actual agreement among all the co-conspirators to commit the crime. 2. Implied - two or more persons are shown to have aimed by their acts towards the accomplishment of the same unlawful object, each doing a part so that their combined acts, though apparently independent, were in fact connected and cooperative, indicating closeness of personal association and a concurrence of sentiment.

Effects of the filing for application for probation

1. Judgment becomes final. - HOWEVER, judgment is not executory until the petition for probation is resolved 2. Accused waives his right to appeal the judgement of conviction (probation means admitting the correctness of the court's decision) 3. Does not extinguish the civil liability of the offender

Circumstances affecting Criminal Liability

1. Justifying Circumstances 2. Exempting Circumstances 3. Mitigating Circumstances 4. Aggravating Circumstances 5. Alternative Circumstances

Limitations on the Power of Congress to Enact Penal Laws

1. Must be general in application; 2. Must not partake in the nature of an ex post facto law (1987 Constitution, Art. III Sec. 22) 3. Must not partake in the nature of a bill of attainder (1987 Constitution, Art. III, Sec. 22) 4. Must not impose cruel and unusual punishment or excessive fines. (1987 Constitution, Article III, Sec. 19)

Requisites for Justifying Circumstances (6) - Obedience to an Order

1. Order issued by authority must be lawful; 2. Means used by the subordinate must be lawful.

Duration of Penalties

1. Reclusion Perpetua - twenty years and one day to forty years (21 y & 1 d - 40y) 2. Reclusion Temporal - twelve years and one day to twenty years (12 y & 1 d - 20 y) 3. Prison Mayor | Temporary Disqualification - six years and one day to twelve years (6 y & 1 d - 12 y) EXCEPT: when the penalty of disqualification is imposed as an accessory penalty --> duration shall be that of the principal penalty. 4. Prison Correccional, suspension, and destierro - 6 months and one day to six years (6 m & 1 d - 6 y) EXCEPT: when suspension is imposed as an accessory penalty --> duration shall be that of the principal penalty 5. Arresto Mayor - one month and one day to six months (1 m & 1 d - 6 m) 6. Arresto Menor - one day to thirty days (1 d - 30 d)

Sources of Criminal Laws in the Philippines

1. Revised Penal Code 2. Special Penal Laws

Those who can't receive probation

1. Serving MORE THAN SIX YEARS OF IMPRISONMENT 2. Convicted fo SUBVERSION or any CRIME AGAINST NATIONAL SECURITY OR PUBLIC ORDER 3. Previously convicted by final judgment of an offense punished by imprisonment of not less than a month and one day AND/OR a fine not more than 200.00 4. Who have been once on probation

Requisites for Justifying Circumstances (4) - Prevention of Evil Deeds or Injury

1. The evil sought to be avoided actually exists; 2. Injury feared be greater than that done to avoid it; 3. There be no other practical and less harmful means of preventing it

Purposes of Probation

1. To promote the correction and rehabilitation of an offender by providing him individualized treatment; 2. To provide an opportunity for the reformation of a penitent offender which might be less probably if he were to serve a prison sentence 3. To prevent the commission of offenses 4. To decongest our jails 5. To save the government much needed finance for maintaining convicts in jail.

Felonies (Art. 2)

- Acts and omission punishable by law - Committed by means of deceit (dolo) and of fault (culpa)

Probation

- Disposition under which an accused, after conviction and sentence, is RELEASED SUBJECT TO CONDITIONS IMPOSED BY THE COURT AND TO THE SUPERVISION OF A PROBATION OFFICER. - It is a mere privilege and it grant rests solely upon the discretion of the court. - Penalty imposed does not exceed 6 years. REQUIREMENTS: 1. Final decision 2. Convicted 3. Penalty of Imprisonment not more than 6 years

Exempting Circumstances (4) - Any person who, while performing a lawful act with due care, causes an injury by mere accident without fault or intention of causing it

- Exempt from both civil and criminal liability - Offender must be performing a lawful act, that he was doing it with due care but somehow, injury resulted by mere accident without fault or intention of causing it.

What is a band according to the Revised Penal Code?

- Four or more armed malefactors shall have acted together in the commission of an offense. - If Disparity of number is huge between number of offended compared to those criminals, is considered aggravating. It is also considered whether the offended has the ability to protect himself.

When can probation be availed?

Before the convict begins serving sentence by final judgment, PROVIDED THAT HE/SHE DOES NOT APPEAL HIS/HER CONVICTION ANYMORE

Exempting Circumstances (2) (3) - A person under nine years of age and A person over nine years of age and under fifteen

- How the minority of the offender affected his criminal liability. *If the offender is within the bracket of nine years old exactly or less - exempt from criminal liability, but not civil liability. (absolute) *If over 9 but below 15 (9-15), a distinction has to be made whether the offender acted with or without discernment. ---> Without discernment - there is no criminal liability, but there is civil liability: committed to the surveillance of his parents who will be required to report to the court periodically on the progress or development of the offender. ---> With discernment - there is criminal liability, minor will be committed to the care of some institution or person mentioned in article 80. *If 15-18, acting with discernment - sent under the proceedings of the RA 9344 Juvenile Justice and Welfare Act

Period of Preventive Imprisonment deducted from term of imprisonment

- If offenders or accused have undergone preventive imprisonment (Art. 24), the period shall be credited in the service of their sentence if it is consisting deprivation of liberty IF DETENTION PRISONER AGREES VOLUNTARILY IN WRITING to abide by the SAME DISCIPLINARY RULES IMPOSED UPON CONVICTED PRISONERS EXCEPTIONS: 1. When accused are recidivists (have been convicted previously twice or more times of any crime) 2. When upon being summoned for the execution of their sentence they have failed to surrender voluntarily IF DETENTION PRISONER DOES NOT AGREE TO ABIDE BY THE SAME DISCIPLINARY RULES IMPOSED UPON CONVICTED PRISONERS = credited in the service of his sentence with 4/5 of the time during which he has undergone preventive imprisonment. Whenever an accused has undergone preventive imprisonment for a period equal to or more than the possible maximum imprisonment of the offense charged to which he may be sentenced and his case is not yet terminated, HE SHALL BE RELEASED IMMEDIATELY WITHOUT PREJUDICE TO THE CONTINUATION OF THE TRIAL THEREOF OR THE PROCEEDING ON APPEAL, IF THE SAME IS UNDER REVIEW.

Exempting Circumstances (1) - An imbecile or insane person

- Imbeciles are totally exempt from criminal liability because they do not have lucid intervals. - Insane persons are only exempt when it has acted during period of insanity. - If imbecile or insane person commits a felony, the court shall order his confinement in one of the hospitals or asylums established for persons thus afflicted, which he shall not be permitted to leave without first obtaining the permission of the same court.

Preventive Imprisonment

- Incarceration undergone by a person accused of a crime which is not bailable, or even if bailable, cannot afford to post the bond. - DURING THE TRIAL OF HIS CASE, he is detained in jail and is known as a detention prisoner.

Imbecile

- Mental development comparable to a 2 years old - 7 years old child - Totally exempt from criminal liability. - No episodic periods.

Maximum duration of convict's sentence

- Not be more than threefold the length of time corresponding to the most severe of the penalties imposed upon him - maximum period shall in no case exceed forty years.

Accomplices

- Not included in definition of Principals (Art. 17) - Cooperate in the execution of the offense by previous or simultaneous acts

Exempting Circumstances (5) (6) - Any person who acts under the compulsion of an irresistible force and Any person who acts under the impulse of an uncontrollable fear of an equal or greater injury

- Offender must totally be deprived of freedom. - Offender must act without voluntariness.

Two (2) kinds of conspiracy:

(1) Conspiracy as a crime; - no overt act is necessary to bring about the criminal liability. The mere conspiracy is the crime itself. -only true when the law expressly punishes the mere conspiracy. -When the conspiracy is only a basis of incurring criminal liability, there must be an overt act done before the co-conspirators become criminally liable. Ex. Treason, rebellion, sedition, and coup d'etat are the only crimes where the conspiracy and proposal to commit to them are punishable. (2) Conspiracy as a manner of incurring criminal liability - the same may be deduced or inferred from the acts of several offenders in carrying out the commission of the crime. - The existence of a conspiracy may be reasonably inferred from the acts of the offenders when such acts disclose or show a common pursuit of the criminal objective. -Can be inferred or deduced even though they have not met as long as they acted in concert or simultaneously, indicative of a meeting of the minds toward a common goal or objective.

Two kinds of conspiracy

(1) Conspiracy as a crime; and (2) Conspiracy as a manner of incurring criminal liability

Classification of Crimes/Felonies

1. As to manner or mode or execution the commission a. Dolo - felonies committed with deliberate intent b. Culpa - committed by means of fault 2. As to the stage of execution a. Attempted b. Frustrated c. Consummated 3. As to gravity a. Grave b. Less grave c. Light 4. As to count a. Composite, or special complex b. Complex, under Art. 48 c. Continuing 5. Classification of felonies as to a. Formal felonies - those which are always consummated b. Material felonies - those which have various stages of execution c. Those which do not admit of the frustrated stage (ex. rape and theft) 6. As to nature a. Mala in see - offenses are wrong from the very nature of it (rape, homicide, kidnapping..) b. Mala prohibita - wrong because there is a law that makes action illegal (violations of the omnibus election code, illegal possession of firearms, swerving, violation of number coding)

PARTIAL Extinction of Criminal Liability

1. By conditional pardon - pardon with obligations that offender must comply strictly. 2. By commutation of the sentence - commutation of the original sentence for another of a different length and nature -- shall have the legal effect of substituting the latter in place of the former 3. For good conduct allowances which the culprit may earn while he is serving his sentence

Requisites for Justifying Circumstances (5) (6) - Fulfillment of Duty; Obedience to an Order

(1) The felony was committed while the offender was in the fulfillment of a duty or in the lawful exercise of a right or office; and (2) The resulting felony is the unavoidable consequence of the due fulfillment of the duty or the lawful exercise of the right or office.

Theories in Criminal Law

1. Classical Theory - basis of criminal liability is human free will and the purpose of penalty is retribution. - It is endeavored to establish a mechanical and direct proportion between crime and penalty. There is scant regard to the human element. (ex. Revised Penal Code) 2. Positivist Theory - basis of criminal liability is the sum of social, natural, and economic phenomena to which the actor is exposed. Purposes of penalty is prevention and correction. (Ex. provisions regarding impossible crimes and habitual deliquency) 3. Eclectic and Mixed Theory - A combination of positivist and classical thinking, crimes that are economic and social in nature should be dealt in a positive manner (law is more compassionate), and classical theory applies to heinous crimes. 4. Utilitarian or Protective Theory - primary purpose of the punishment under criminal law is the protection of society from actual and potential wrongdoers. Courts should direct punishment to potential or actual wrongdoers. (ex. mala prohibita - principle which punishes an offense regardless of malice or criminal intent)

In order of severity and for the purpose of successive service of sentences, penalties have the following scale

1. Death 2. Reclusion Perpetua 3. Reclusion Temporal 4. Prison Mayor 5. Prison Correctional 6. Arresto Mayor 7. Arresto Menor 8. Destierro 9. Perpetual Absolute Disqualification 10. Temporary Absolute Disqualification 11. Suspension from public office, the right to vote and be voted for, the right to follow profession or calling 12. Public Censure

TOTAL Extinction of Criminal Liability

1. Death of the convict, as to the personal penalties; and as to pecuniary penalties, liability is extinguished only when the death of the offender occurs final judgment 2. By service of the sentence 3. By amnesty - completely extinguishes the penalty and all its effects. (Erases both conviction and crime) 4. By absolute pardon - Forgives offense w/o conditions. Does not erase effects of the conviction. It only excuses the convict from serving the sentence. 5. By prescription of the crime - when a crime prescribes, the State loses the right to prosecute the offender. 6. By prescription of the penalty - when a penalty prescribes, the State loses its right to impose penalties 7. By the marriage of the offended woman, as provided in Article 344 - Only true in the crimes of rape, abduction, seduction, and acts of lasciviousness.

Basic Maxims in Criminal Law

1. Doctrine of Pro Reo - in cases of doubt, (if there are two interpretations), decision must be favorable or lenient to the offender. 2. Nullum crimen, nulla poena sina lege - no crime when there is no law punishing the same -- retroactivity of laws are prohibited. 3. Actus non facit reum, nisi mens sit rea - The act cannot be criminal where the mind is not criminal. 4. Actus me invito factus non est meus actus - An act done by me against my will is not my act.

Good conduct of any prisoner in a penal institution as provided by the Revised Penal Code

1. During the first two years of his imprisonment, he shall be allowed a deduction of five days for each month of good behavior; 2. During 3rd - 5th year, inclusive of his imprisonment - deduction of eight days each month of good behavior 3. During following years until the 10th year, inclusive of his imprisonment - deduction of 10 days for each month of good behavior 4. During 11th and successive years of imprisonment - deduction of 15 days for each month of good behavior

Scenarios under Art. 4 (1)

1. Error in Personae (mistake in the identity of the victim) - the victim who received the blow was mistaken for another who was not at the scene of the crime. -Two persons are present: (1) Actual victim (mistaken for the intended victim) and (2) Offender 2. Abberatio Ictus (mistake in the blow) - Offender intends at the injury of one person but the harm fell on another. -Three persons are present: (1) Offender, (2) Intended Victim, (3) Actual Victim 3. Praeter Intentionem (the injurious result is greater than that intended) - injury is on the intended victim but resulting consequence is so grave a wrong than what was intended

Elements of Article 4 (1)

1. Felony is committed 2. The wrong done must be the direct, natural and logical consequence of felony committed even though different from that intended.

Characteristics of Philippine Criminal Law

1. Generality - applies to all persons who lives or sojourns in the Philippines regardless of age, creed, religion, sex, or nationality. 2. Territoriality - undertakes to punish crimes committed only within the Philippine territory. 3. Prospectivity - also called irretrospectivity, which means penal law cannot make an act punishable when at the time of its commission it is not yet punishable.

Different kinds of aggravating circumstances

1. Generic - generally apply to all crime 2. Specific - apply only to a particular crime 3. Qualifying - change the nature of the crime 4. Inherent - must of necessity accompany the commission of the crime 5. Special - arise under special conditions to increase teh penalty of the offense and cannot be offset by mitigating circumstances.

Classification of Penalties

1. Principal Penalties - expressly imposed by the court in the judgment of conviction 2. Accessory penalties - deemed included in the imposition of the principal; need not be stated in the sentence.

Who are criminally liable for light felonies

1. Principals 2. Accomplices

Who are criminally liable for grave and less grave felonies

1. Principals 2. Accomplices 3. Accessories

Exceptions of the Generality Principle

1. Principles of International Law - Individuals with international personality (Chief of State, Ambassadors, Ministers plenipotentiary, Minister residents, and charges d' affaires) even if residing or sojourning the Philippines and committing a crime is not subject to our penal laws. 2. Treaties or treaty stipulations 3. Laws of preferential application - 1987 Constitution, Article VI, Sec. 11 -- Parliamentary immunity in Congress. No member shall be questioned or held liable for any speech or debate in Congress or any committee thereof.

Conditions of Probation

1. Probationer presents himself to designated supervising probation officer within 72 hours from the receipt of the order. 2. Probationer reports to the probation officer AT LEAST ONCE A MONTH at SUCH TIME AND PLACE specified by the order. Trial court may impose other conditions for the probationer to comply.

Crimes that do not have a frustrated stage:

1. Rape - graveman of the offense is carnal knowledge, hence the slightest penetration to the female organ consummates the felony. 2. Arson - the moment the burning property occurs, even if slight, the offense is consummated. 3. Corruption of public officers - mere acceptance of the offer consummates the crime. 4. Physical Injury - consummated at the instance the injuries are inflicted. 5. Adultery - the essence of the crime is sexual congress 6. Theft - essence of the crime is the possession of the thing, once that thing has been taken or in the possession of the person, crime is consummated.

Measures of prevention or safety which are not considered as penalties (Art. 24)

1. The arrest and temporary detention of accused, and detention by reason of insanity, imbecility, or illness, requiring confinement in a hospital 2. The commitment of a minor to any institutions mentioned in article 80 3. Suspension from the employment or public office during trial or in order to institute proceedings 4. Fines and other corrective measures 5. Deprivation of rights and reparations which the civil law may establish in penal form

Principals

1. Those who take direct part in the execution of the act 2. Those who directly force or induce others to commit it 3. Those who cooperate in the commission of the offense by another act without which it would not have been accomplished (indirect cooperation)

How is implied conspiracy proved?

1. Through the mode and manner of the commission of the offense 2. From the acts of the accused before, during, and after the commission of the crime indubitably pointing to a joint purpose, a concert of action and a community of interest.

Importance of Classification of Felonies According to their Gravity

1. To determine whether the felonies can be complexed or not. 2. To determine the prescription of the crime and of the penalty.

Justifying Circumstances (3) - Defense of strangers

Acts in defense of the person or rights of a stranger *First and second requisite of self-defense are present *The person defending is not induced by revenge, resentment or other evil motive *stranger involves second cousin and beyond (one that is not mentioned in defense of family)

Justifying Circumstances (2) - Defense of family members and relatives

Acts in defense of the person or rights of his spouse, ascendants, descendants, or legitimate, natural or adopted brothers or sisters, or of his relatives by affinity in the same degrees, and those by consanguinity within the fourth civil degree. *First and second requisite of self-defense are present *In case provocation was given by the person attacked, that the one who is defending this person did not also join the provocation.

Retroactive Effect of Penal Laws

Penal Laws shall have a retroactive effect if it is in favor of the person guilty of a felony, who is not a habitual criminal, although at the time of the publication of such laws, a final sentence has been pronounced and the convict is serving the same.

Penalties

Penalty is prescribed by the law prior to its commission (RPC, Article 21.)

Light Felonies in Art. 7

Punishable only when they have been consummated, with the exception of those committed against persons or property. Only principals and accomplices are liable.

Crime

Refers to an act or omission punishable under the Revised Penal Code

Overt or External Act

Some physical activity or deed, indicating the intention to commit a particular crime, more than a mere planning or preparation, which if carried out to its complete termination following its natural course, without being frustrated by external obstacles nor by the spontaneous desistance of the perpetrator, will logically and necessarily ripen into a concrete offense.

Criminal Law

The branch of municipal law which defines crimes, treats of their nature, and provides for their punishment

The difference between the attempted stage and the frustrated stage:

The difference between the attempted stage and the frustrated stage lies on whether the offender has performed all the acts of execution for the accomplishment of a felony. 1. Frustrated - the offender has performed all the acts of execution which should produce the felony as a consequence but the felony was not realized. 2. Attempted - If the offender has not yet performed all the acts of execution - there is yet something to be performed - but he was not able to perform all the acts of execution due to some cause or accident other than his own spontaneous desistance, then you have an attempted felony.

Recidivist

The offender at the time of his trial for one crime shall have been previously convicted by final judgment of another embraced IN THE SAME TITLE of the Revised Penal Code.

Repetition

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. - Offender already tasted bitterness of the punishment. Offender already served out the penalty.

When is there deceit according to Art. 2 of the RPC?

There is deceit when the act is performed with deliberate intent

Conspiracy

When two or more persons come to an agreement concerning the commission of a felony and decide to commit it. - Do not search for an agreement among the participants. If they acted simultaneously to bring about their common intention, conspiracy exists. - And when conspiracy exists, do not consider the degree of participation of each conspirator because the act of one is the act of all. As a general rule, they have equal criminal responsibility.

Why is surrendering to the persons in authority or his agents or voluntarily or confessing guilt before the court (prior to the presentation of evidence) a mitigating circumstance?

You did not waste the time and resources of the government to search for you, and conduct a full investigation.

Treachery

offender commits any of the crimes against the person, employing means, methods, or forms in the execution which tend directly and specially to insure its execution, without risk to himself arising from the defense which the offended party might make. - A deliberate swift and unexpected attack on the hopeless, unarmed and unsuspecting victim.

Subsidiary Imprisonment

- Personal penalty prescribed by law in substitution of the payment of fine embodied in the decision when the same cannot be satisfied because of the insolvency of the accused.

Formal Felonies

Those which are always consummated (ex. physical injuries, oral defamation)

Aggravating Circumstances

- Serves to have penalty imposed in its maximum period - There is an offense or change of nature of the crime - Basis is the greater perversity of the fofender manifested in the commission of the felony - Must. be established with moral certainty, with the same degree of proof required to establish the crime itself. 1. Taking advantage of public position 2. Crime committed in contempt of or with insult to public authorities 3. Act be committed with insult or in disregard of the respect due to. the offended party on account of his rank, age, or sex, or that it be committed in the dwelling of the offended party (if the latter has not provoked the offender) 4. Act committed with abuse of confidence or obvious ungratefulness 5. 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 of religious worship 6. Crime committed in nighttime or in an uninhabited place, or by a band, whenever this circumstance can help with the commission of the offense 7. Crime is committed on the occasion of conflagration, shipwreck, earthquake, epidemic, or other calamity or misfortune. 8. Committed with the aid of armed men or persons who insure or afford impunity 9. Accused is a recidivist 10. Offender 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 11. Crime be committed in consideration of a price, reward, or promise. 12. Crime be committed by means of inundation, fire, poison, explosion, stranding of a vessel or intentional damage thereto, derailment of a locomotive, or by the use of any other artifice involving great waste and ruin. 13. Act be committed with evident premeditation 14. Craft, fraud, or disguise be employed 15. Advantage be taken of superior strength, or means be employed to weaken the defense 16. Act be committed with treachery (alevosia) 17. Means be employed brought about which add ignominy to the natural effects of the act 18. Crime be committed after an unlawful entry 19. That as a means to the commission of a crime a wall, roof, floor, door, or window, be broken 20. The crime be committed with the aid of persons under 15 years of age or by means of motor vehicles, airships, or other similar means. 21. The wrong done in the commission of the crime be deliberately augmented by causing other wrong not necessary for its commission

Alternative Circumstances

- Those which must be taken into consideration as aggravating or mitigating according to: 1. Nature and Effects of the Crime 2. Other Conditions Attending its commission - Involves: 1. Relationship - Offended party is the relative (spouse, ascendant, descendant, legitimate, natural, or adopted brother or sister, or relative by affinity in the same degrees of the offender) - Exempting if relative is an accessory to the principal, a crime of passion, theft, malicious mischief 2. Intoxication of the offender AS MITIGATING CIRCUMSTANCE - offender committed felony in a state of intoxication, if the same is NOT HABITUAL OR SUBSEQUENT TO THE PLAN TO COMMIT SAID FELONY AS AGGRAVATING CIRCUMSTANCE - intoxication is HABITUAL and INTENTIONAL 3. Degree of Instruction and Education Education used to facilitate commission of the crime.

Insane

- With episodic periods with intelligence. = - Only exempt if it was committed during the time that he was insane, but if it's during the lucid interval, he is not exempt from criminal liability. - Dementia, Schizophrenia, and Kleptomania are also considered insanity.

Mitigating Circumstances

- do not entirely free the accused from criminal liability but serve only to reduce the penalty. - basis is diminution of either freedom of action, intelligence, or intent or on the lesser perversity of the offender. 1. All requisites necessary to justify the act or to exempt from criminal liability in the respective cases are not attendant,. 2. Offender is under 18 years of age or over 70 years. If a minor, he shall be proceeded in accordance with the provisions of article 80. 3. Offender had no intention to commit so grave a wrong as that committed 4. Sufficient provocation or threat on the part of the offended party immediately preceded the act 5. Act was committed in the immediate vindication of a grave offense to the one committing the felony, his spouse, relative, adopted brothers or sisters, relatives by affinity within the same degrees. - revenge for relative; has to be immediate action for it to be mitigating. 6. Acted upon an impulse so powerful as naturally to have produced passion or obfuscation - the darkening of mind 7. Offender had voluntarily surrendered himself to a person in authority or his agents, or have voluntarily confessed his guilt before the court prior to the presentation of the evidence for the prosecution 8. Offender is deaf and dumb, blind, or otherwise suffering some physical defect which restricts his means of action, defense, or communication. 9. Illness of the offender would diminish the exercise of the will-power of the offender without however depriving him of consciousness of his acts 10. Any other circumstance of a similar nature and analogous to those above mentioned.

Ignominy

- moral effect of a crime and it pertains to the moral order, whether or not the victim is dead or alive. - ignominy is adding insult to injury.

Ex post facto law

-PROHIBITED UNLESS FAVORABLE TO THE ACCUSED -operating retrospectively -makes a previous act innocent when done criminal, and punishes such act. -aggravates a crime or makes it greater than it was committed -changes punishment and inflicts greater punishment -alters legal rules of evidence

Bill of attainder

-a legislative act which inflicts punishment without judicial trial.

Accessories who are exempt from criminal liability

Accessories who are relatives of the offender -- spouses, ascendants, descendants, legitimate, natural and adopted brothers and sisters, or relatives by affinity within the same degrees, with the single exception of accessories falling within th provisions of paragraph 1.

Destierro

A punishment whereby a convict is vanished to a certain place and is prohibited from entering or coming near that place designated in the sentence, not less than 25 KM.

Exceptions of the Prospectivity Principle

Art. 22, Revised Penal Code Penal laws shall have a retroactive effect if it favors the person guilty of a felony, who is not a habitual criminal (defined in rule 5 of article 62), although at the time of the publication of such laws, a final sentence has been pronounced and the convict is serving the same. -Those already convicted serving sentence, they shall be immediately released from the penal institution once a decision changed their crime because they already served the penalty under the new law which we are already giving retroactive effect. -From nonbailable to bailable —> to those criminal cases being heard, which was denied bail, they can enjoy temporary freedom

Exceptions of the Territoriality Principle

Art. 2, Revised Penal Code -- what is considered crimes outside Philippine territory 1. Commit an offense while on a Philippine ship or airship; 2. Should forge or counterfeit any coin or currency note of the Philippine Islands or obligations and securities issued by the Government of the Philippine Islands; 3. Should be liable for acts connected with the introduction to these islands of the obligations and securities mentioned in the preceding number; 4. Public officers or employees who commit an offense while exercising their functions; 5. Those who commit any of the crimes against national security and the law of nations;

Incurrence of Criminal Liability

Art. 4, Revised Penal Code It shall be incurred: 1. By any person committing a felony (delito) although the wrongful act done be different from that which he intended; 2. By any person performing an act which would be an offense against persons or property, were it not for the inherent impossibility of its accomplishment or on account of the employment of inadequate or ineffectual means.

Reason for the law requiring a direct overt act

As long as there is ambiguity with the connection of the action's of the accused to the crime, no one can say what is the intent of the accused. The court ahs to make sure that overt acts must have an immediate and necessary relation to the offense.

Why does the law punish impossible crimes?

To teach the offender a lesson because of his criminal perversity. Although objectively, no crime is committed, but subjectively, he is a criminal.

What constitutes 'meeting of minds'?

When several offenders act in a synchronized, coordinated manner, the fact that their acts complimented each other is indicative of the meeting of the minds. There is an implied agreement.

Unlawful Entry

When the entrance is effected by way not intended for the purpose

Proposal

When the person decided to commit a felony, proposes its execution to some other person or persons. - If the law says. it is punishable, it is the only time that proposals are punishable. - Proposal is true only up to the point where the party to whom the proposal was made has not yet accepted the proposal.