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Criminal Law - Midterm

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Midterm Reviewer for Criminal Law Chapter Three CIRCUMSTANCES WHICH MITIGATE CRIMINAL LIABILITY circumstances. — The following are mitigating circumstances; Art. 13 -Mitigating circumstances 1. Those mentioned in the preceding chapter, when all the requisites necessary to  justify or to exempt from criminal liability in the respective cases are not attendant. 2. That the offender is under eighteen years of age or over seventy years. In the case of the minor, he shall be proceeded against in accordance with the provisions of Art. 80. 3. That the offender had no intention to commit so grave a wrong as that committed. 4. That sufficient provocation or threat on the part of the offended party immediately preceded the act. 5. That the act was committed in the immediate vindication of a grave offense to the one committing the felony (delito ( delito), ), his spouse, ascendants, or relatives by affinity within the same degrees. 6. That of having acted upon an impulse so powerful as naturally to have produced passion or obfuscation. 7. That the offender had voluntarily surrendered himself to a person in authority or his agents, or that he had voluntarily confessed his guilt before the court prior to the presentation of the evidence for the prosecution; 8. That the offender is deaf and dumb, blind or otherwise suffering some physical defect which thus restricts his means of action, defense, or communications with his fellow beings. 9. Such illness of the offender as would diminish the exercise of the will-power of  the offender without however depriving him of the consciousness of his acts 10. And, finally, any other circumstances of a similar nature and analogous to those above mentioned. Par 1 – reference to justifying/exempting circumstances but not all requisites to exempt/justify are present ♥

Self-defense, defense of relative and of stranger (Art 11 par 1-3) Unlawful aggression is present but the 2 other requisites (reasonable necessity & sufficient provocation) are not. avoidance of greater evil (Art 11 par 4) if any of the last 2 requisites is absent-mitigating fulfillment of duty/lawful exercise of a right or office when only 1 out of the 2 requisites is present. (lawful exercise of duty & injury is necessary obedience to a superior (Art 11 par 6 requisites: command is issued by superior, order is lawful and means is lawful lawful 9-15 yrs old (Art 12 par 3) acted with discernment by accident (Art. 12 par 4) requisites:  performing lawful act  with due care  causes injury to another by mere accident  w/o fault or intention if 2nd req & 1st part of 4th req = negligence/imprudence ->mitigating since penalty is lower than intentional felony

if 1st requisite & 2 and part of 4th requisite are absent = intentional felony. 2nd & 3rd req are not present either uncontrollable fear (Art 12 par 6) only 1 of the 2 reqs should be present (threat is @ least = to the action, uncontrollable threat)

Par 2 – under 18/ over 70 years of age  above 15 but below 18 and acted without discernment = exempting accd to RA 9344 ○

if with discernment = diversion programs a. less than than 6 yrs penalty penalty – conduct mediatio mediation, n, family family conferenci conferencing ng and conciliat conciliation ion b. victimless crimes (less than 6yrs) – social welfare & parents/guardians will meet to decide c. more than 6 yrs yrs – divers diversion ion programs programs may may be resorted resorted only by the the court court

Par 3 – no intention to commit so grave a wrong ♥ ♥

♥ ♥

not appreciated when offender employed brute force such as choking a 6-yr old mitigating in robbery w/ homicide – when there there is is showing showing that that there there was no intenti intention on to kill kill the the decease deceased d when enterin entering g the house not appreciated in treachery not applicable in physical injuries, negligence, defamation, slander

Par 4 – sufficient provocation/threat from offended party immediately prior

Requisites: • provocation is sufficient • originated from offended party • provocation immediate preceded the act Par 5 – immediate(proxima) vindication  difference with par 4 – required/allowed time

Requisites: • there is grave offense done to the offender or to his relatives felony committed is in vindication of such grave offense • Provocation & vindication distinguished: ♥ P is directed only to the offender; in V, grave offense may be committed also to the rel’s mentioned ♥ P- need not be grave offense; V- there should be a grave offense committed by the offended party to the offender ♥ P should be immediate; V can be proximate only difference of time is because it concerns the honor of the person ○  gravity of offense is determined by the social standing of the person, place, time of the insult Par 6 – passion and obfuscation Requisites: accused acted upon an impulse • impulse is so powerful that it produced passion/obfuscation in the offender • No mitigating circumstance when: the act is committed in the spirit of lawlessness ○ done in revenge ○ ♥ when relationship relationship is illegitimate illegitimate – not mitigating ♥ belief of the offender can be entertained when it is in good faith  offender suffers from diminution of intelligence and intent Par 7 – offender voluntarily surrendered or voluntarily confessed before presentation of evidence Requisites: • has bot yet been actually arrested surrendered to person in authority or to its agents • • surrender was voluntary (and unconditionally ♥ warrant of arrest was not yet served ♥ not just the weapons ♥ withdrawal of plea before the presentation of evidence is accepted ♥ not mitigating in culpable felonies Par 8 – deaf, dumb, blind or any physical defect that restricts action, defense or communication

♥ ♥

diminution of that voluntariness does not create distinction of educated/uneducated deaf-mute or blind

Par 9 – illness which diminishes exercise of will-power but not consciousness ex. neurosis, mild behavior disorder, feeblemindedness, schizo Par 10 – any other circumstance of a similar nature and analogous ♥ over 60 with failing eyesight – similar to par 2 ♥ battered wife syndrome – similar to diminution of will power ♥ voluntary restitution of a stolen property – similar to voluntary surrender

Chapter Four CIRCUMSTANCE WHICH AGGRAVATE CRIMINAL LIABILITY Art. 14 - Aggravating circumstances. — The following are aggravating circumstances: 1. That advantage be taken by the offender of his public position. 2. That the crime be committed in contempt or with insult to the public authorities. 3. That the act be committed with insult or in disregard of the respect due the offended party on account of his rank, age, or sex, or that is be committed in the dwelling of the offended party, if the latter has not given provocation. 4. That the act be committed with abuse of confidence or obvious ungratefulness. 5. That the crime be committed in the palace of the Chief Executive or in his presence, or where public authorities are engaged in the discharge of their duties, or in a place dedicated to religious worship. 6. That the crime be committed in the night time, or in an uninhabited place, or by a band, whenever such circumstances may facilitate the commission of the offense. Whenever more than three armed malefactors shall have acted together in the commission of an offense, it shall be deemed to have been committed by a band. 7. That the crime be committed on the occasion of a conflagration, shipwreck, earthquake, epidemic or other calamity or misfortune. 8. That the crime be committed with the aid of armed men or persons who insure or afford impunity. 9. That the accused is a recidivist. A recidivist is one who, at the time of his trial for one crime, shall have been previously convicted by final judgment of another crime embraced in the same title of this Code. 10. That the offender has been previously punished by an offense to which the law attaches an equal or greater penalty or for two or more crimes to which it attaches a lighter penalty. 11. That the crime be committed in consideration of a price, reward, or promise. 12. That the crime be committed by means of inundation, fire, poison, explosion, stranding of a vessel or international damage thereto, derailment of a locomotive, or by the use of any other artifice involving great waste and ruin. 13. That the act be committed with evidence premeditation. 14. That the craft, fraud or disguise be employed . (continued in Endterm)

Par 1 – advantage in public position offender must be a public officer (policeman, congressman, etc) ♥ ♥ should take advantage of his position’s influence ♥ wearing/not wearing of uniform is immaterial Par 2 – in contempt or insult to public authorities chief of police is not a public authority (must be a mayor, gov, brgy capt, etc) ♥ ♥ knowledge of the presence is essential

Par 3 – insult or disregard of respect for rank, age, sex, in the dwelling when there was no provocation given ♥ applicable only to crimes against persons or honor deliberate intent to insult is required ♥ ♥ Rank – difference in social condition; age – offended party could be a father to the offender in age; sex – insult to womanhood must be present ♥ not applicable in certain cases like: ○ in passion and obfuscation ○ there was a relationship bet the 2 being a woman is indispensable. ex. parricide, rape, seduction ○ ♥ Dwelling must be a building/structure exclusively exclusively for rest & comfort. combi of house, store and market where the victim slept is not aggravating ○ ♥ there must be no provocation from owner of dwelling, it must be sufficient sufficient and immediate to the crime ♥ Dwelling is not aggravating when: both offender and offended party are occupants of the same house ○ robbery – since it is inherent ○ ○ trespassing Par 4 – abuse of confidence/obvious ungratefulness Requisites: • offended party trusted the offender • offender abused the said trust by committing crime against the offended party • abuse of confidence facilitated the crime ♥ confidence bet 2 parties must be immediate and personal ♥ ungratefulness must be obvious (manifest and clear) ex. accused killed his father in-law who supported him ○ Par 5 – crime In palace of chief executive, in his/her presence, where public auth discharged their duties,place for worship  those venues must be respected chief executive need not be in Malacañang or in discharge of duties ♥ ♥ other persons in public authority must be actually engaged in performance of duties ♥ offender must have intention to commit a crime when entered the place Par 6 – nighttime, uninhabited place, by band, other circumstance that may facilitate ♥ when the ones enumerated facilitated the commission of the crime ♥ it was especially sought for ♥ the offender took advantage thereof  it is not aggravating when the crime began at daytime without interruption ♥ commission must begin and end during the nighttime ♥ ♥ if the crime is done in brilliance of light – not aggravating ♥ uninhabited place – where victim will have no reasonable possibility of receiving help ○ where there are no houses nearby ○ where the victims are the occupants of the only house in the place the place must be sought by offenders ○ ♥ by band – more than 3 armed malefactors who acted together (at least 4) ○ stone is considered “arm” not aggravating when one of the 3 is principal only – they should act together ○ ○ crimes against property and persons – thus not considered in crimes against chastity Par 7 – during conflagration, shipwreck, earthquake, epidemic or other calamity or misfortune instead of lending aid, offender took advantage of the situation ♥ chaotic condition is under the phrase :other calamity or misfortune” ♥ Par 8 – with aid of armed men or persons who insure/afford impunity aid is either direct or indirect ♥ ♥ compared with “by band” ○ band requires at least 4 men who are armed and acted together while “with aid of armed men” requires at least one only Par 9 – recidivist Requisites: •

offender is on trial for an offense previously convicted convicted by final judgment of another crime

both crimes are in the same title of the code offender is convicted of the new offense note: while “time of trial” not time of the commission of the crime pardon does not obliterate the fact of recidivism ♥ • •

Par 10 – previously punished with an equal or greater penalty or for at least 2 crimes with lighter penalty Requisites: • accused is on trial for an offense previously served sentence for a crime with equal or greater penalty or for 2 or more with • lighter penalties • offender is convicted for the new offense

Recidivism and Reiteracion distinguished a) reiteracion – sentence should have been served; recidivism – final judgment is enough b) “ - crimes crimes does not be under the same title of the code; code; c) “ - not always aggravating unlike recidivism to be aggravating crimes must be committed to the same category. like against persons, ○ property 4F For orms ms of rep r ep etit ti tion : 1) Recidi cidiv vism ism 2) Reite Reiterac racion ion or habitu habituali ality ty 3) Multi Recidivism or habitual delinquency – within 10 yrs from the date of last releast or last conviction commits SERIOUS OR LESS SERIOUS PHYSICAL INJURIES,ROBBERY, INJURIES,ROBBERY, rd  THEFT, ESTAFA OR FALSIFICATION and found guilty the 3 time or oftener a. the offender offender is is either either a recidiv recidivist ist or one one who has has been punished punished at at least least twice twice 4) Quas Quasii-re reci cidi divi vism sm – person person who commits commits a felony felony after after havin having g been convicted convicted by final final judgment, judgment, before beginning to serve such sentence or while serving the same Par 11 – committed in consideration of a price, reward or promise ♥ as motivator affects not only the one who received the price or reward but also to the one giving it ♥ Par 12 – by means me ans of inundation, inun dation, fire, fi re, poison, poison , explosion, explosio n, stranding strandi ng of a vessel or intent ional damage to it, derailment of locomotive, locomotive , or any other artifice involving great waste and ruin Par 13 - evident premeditation ♥ there should be deliberate planning ♥ there should be cooling of period Requisites: • time when the offender was determined • offender clung to his determination • sufficient lapse of time ♥ mere threats without the 2nd element does not show evident premeditation ♥ Grudge alone Is not proof for EP considered in conspiracy but not in robbery (inherent in robbery) ♥ unless there was unplanned homicide – ○ Par 14 – by craft, fraud or disguise ♥ craft – (astucia) involves intellectual trickery trickery and cunning on the part of the accused employed as scheme in the execution of the crime ○ ○ ex. thief falsely represents that he is the lover of the servant to gain entrance and rob the owner done so as not to arouse suspicion of the victim ○ ♥ 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 ex. A simulates the handwriting of B who is a friend of C, inviting the latter, without knowledge ○ of B so A could kill C ♥ both not aggravating when it is inherent in the crime ♥ Disguise(disfraz) Disguise(disfraz) – resorting to any device to conceal identity ○ purpose must be to conceal his/her identitiy not aggravating when disguise is ineffective ○

includes when another name/surname is used

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