Criminal Law Reviewer
Content
1. Distinguish motive and intent
Motive is the moving power which impels one to act, while intent is the purpose to use a particular
means to effect such result.
2. Distinguish sufficient threat or provocation and vindication
Provocation is made directly only to the person committing the felony, whereas in Vindication,
the grave offense may be committed also against the offender’s relatives mentioned by law.
In Provocation, the cause that brought about the provocation need not be a grave offense,
whereas in Vindication, the offended party must have done a grave offense to the offender or his
relatives mentioned by law.
In provocation, it is necessary that the provocation or threat immediately preceded the act,
whereas in Vindication, the grave offense may admit of an interval time.
3. Distinguish defense of relative and defense of a stranger
In defense of a relative, it extends only to the following:
a.
b.
c.
d.
Spouse
Ascendants
Descendants
Legitimate, natural or adopted brothers and sisters, or relatives by affinity of the same
degree
e. Relatives by consanguinity within the fourth civil degree
In defense of a stranger, it extends to all of the strangers, with the exception that the
person defending be not induced by revenge, resentment or other evil motive.
4. Distinguish passion/obfuscation to provocation
Passion/Obfuscation is produced by an impulse which may be caused by provocation, whereas
the provocation comes from the injured party.
In Passion/Obfuscation, the offense need not be immediate. It is only required that the
influence thereof lasts until the moment the crime is committed. In Provocation, the offense must
immediately precede the commission of the crime.
5. Distinguish the aggravating circumstance of Aid of armed men and
Band
In aid of armed men, there should be at least two persons involved, whereas in a band, there
should be at least four persons involved.
In aid of armed men, it requires that at least one of the offenders merely relied on their aid,
whereas in a band, it requires that at least four armed malefactors shall have acted together in the
commission of an offense.
6. Who are the persons criminally liable for light felony?
a.
b.
Principals
Accomplices
7. People who are of low education/instruction are mitigating all the
times. Exceptions?
a.
b.
c.
Crimes against property (e.g. arson, estafa, theft, robbery)
Crimes against chastity, and
Treason – because love of country should be a natural feeling of every citizen, however
unlettered or uncultured he may be.
8. When is relationship neither aggravating nor mitigating?
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).
9. Distinguish ignominy and cruelty
Ignominy refers moral suffering while Cruelty refers to physical suffering.
10.
Distinguish the aggravating circumstance of unlawful entry and
breaking the wall
In unlawful entry, it is aggravating for the reason that a person acts, not respecting
the walls erected by men to guard their property and personal safety. It shows a greater
perversity. Hence, the law punishes him with more severity. In breaking the wall, however, this
circumstance is aggravating only in those cases where the offender resorted to any of said
means to enter the house. If the wall, etc., is broken in order to get out of the place, it is not
an aggravating circumstance.
11.
What are the elements of treachery?
The elements of treachery are the following:
1.
2.
That at the time of the attack, the victim was not in a position to defend himself; and
That the offender consciously adopted the particular means, method or form of attack employed
by him.
12.
Distinguish fraud and craft
In Fraud, it is present where there is a direct inducement by insidious words or machinations. In Craft,
however, it is present when the accused does an act in order not to arouse the suspicion of the victim.
13.
Distinguish reiteracion and recidivism
In Reiteracion, it is necessary that the offender shall have served out his sentence for the first
offense, while in Recidivism, it is enough that a final judgment has been rendered in the first offense.
In Reiteracion, the previous and subsequent offenses must not be embraced in the same title
of the code, while in Recidivism, it requires that the offenses be included in the same title of the code.
14.
a.
b.
How is criminal liability extinguished by:
Partial Extinction
Total extinction
In partial extinction, criminal liability is extinguished by;
a) conditional pardon;
b) commutation of the sentence
c) good conduct allowances which the culprit may earn while he is serving his sentence
In total extinction, however, criminal liability is extinguished by;
a) death of the convict
b) service of sentence
c) amnesty
d) by absolute pardon
e) prescription of the crime
f) prescription of penalty
g) marriage of the offended woman with the offender in the crimes of rape, seduction, abduction,
and acts of lasciviousness.
15.
Distinguish Pardon and amnesty
In Pardon, it includes any crime and it is exercised individually by the president, while in
Amnesty, it is a blanket pardon to classes of persons or communities who may be guilty of political
offenses.
In Pardon, it is exercised when the person is already convicted, while in Amnesty, it may be
exercised even before trial or investigation is had.
In Pardon, it looks forward and relieves the offender form the consequences of an offense
committed, while in Amnesty, it looks backward and obliterates the offense committed as though he
had committed no offense.
In Pardon, being a private act by the president, it must be pleaded and proved by the person
pardoned, while in Amnesty, Being a proclamation by the president with the concurrence of congress;
is a public act which the courts should take judicial notice.
In Pardon, it does not alter the fact that the accused is a recidivist as it produces only the
extinction of the personal effects of the penalty, while in Amnesty, it makes the accused no longer a
recidivist as it obliterates the last vestige of the crime
16.
Distinguish Habitual delinquency and Recidivism
In Habitual delinquency, the crimes are specified, while in Recidivism, it is sufficient that the
accused on the date his trial, shall have been previously convicted by final judgment of another crime
embraced in the same title.
In Habitual delinquency, the offender is found guilty within ten years from his last release or
conviction, while in Recidivism, no period of time between the former conviction and the last
conviction.
In Habitual delinquency, the accused must be found guilty the third time or oftener of the
crime specified, while in Recidivism, the second offense is for an offense found in the same title.
In Habitual delinquency, an additional penalty is also imposed, while in Recidivism, it serves to
increase the penalty only to the maximum.
17.
Distinguish Special Complex crime, complex crime and
compound crime
Special complex crimes are neither of same legal basis, nor subject to the rules on complex
crimes in Article 48 of the Revised Penal Code, since they do not consist of a single act giving rise to
two or more grave or less grave felonies, nor do they involve an offense being a necessary means to
commit another. However, just like the regular complex crimes, only a single penalty is imposed for
each of such composite crimes although composed of two or more offenses.
In Complex crime, however, although 2 or more crimes are actually committed, they
constitute only one crime in the eyes of the law as well as in the conscience of the offender. It has 2
kinds, the Compound crime and complex crime proper.
In Compound crime, it is a single act which constitutes 2 or more grave or less grave felonies.
18.
Distinguish executive pardon and pardon by the offended party
In Executive Pardon, it extends to any crime, unless otherwise provided by or subject to
conditions in the constitution or the laws, wherein Pardon by Offended Party, it applies only to crimes
against chastity under the RPC.
In Executive Pardon, it extinguishes criminal liability, wherein Pardon by Offended Party, it
does not extinguish criminal liability, but it may only constitute a bar to the prosecution of the
offender.
In Executive pardon, it cannot affect the civil liability of the offender, wherein Pardon by
Offended party, the civil liability can be waived.
In Executive Pardon, it can only be extended after conviction by final judgment of the accused,
wherein Pardon by Offended party, it can be validly extended only before the institution of the criminal
action.
19.
Distinguish bond to keep the peace, bond for good behavior
and bail bond
In Bond to keep the peace, two sufficient sureties are to be issued to keep the peace, who shall
undertake that the offender will not commit the offense sought to be prevented. If such offense has
been committed, they will pay the amount determined by court.
In Bond for Good Behavior, this is the amount of money to be deposited by the accused charged
with threats to ensure that he shall not molest the person threatened. If he refuses to put up the Bond
for Good behavior, he shall be sentenced to destierro.
In Bail Bond, however, the amount of money is to secure the provisional release of an accused
person after his arrest or during trial but before final judgment of conviction.
20.
Distinguish pecuniary liability and subsidiary penalty
In Pecuniary liability, it is applicable in case the property of the offender should not be sufficient
for the payment of all his pecuniary liabilities, the same shall be met in the following order:
a.
The reparation of the damage caused
b.
Indemnification of the consequential damages
c.
Fine
d.
Costs of proceedings.
In Subsidiary Penalty, it is a subsidiary personal liability to be suffered by the convict who has no
property with which to meet the fine, at the rate of one day for each eight pesos (P8.00)
21.
Distinguish reclusion perpetua and life imprisonment
Reclusion Perpetua has a specific duration of 20 years and 1day to 40 years, and accessory
penalties, while Life imprisonment has no definite term or accessory penalties.
Reclusion Perpetua is imposable on felonies punished by the RPC, while Life imprisonment is
imposable on crimes punishable by special laws.
22.
What are the juridical conditions of penalty?
The juridical conditions of penalty are the following:
a.
Must be productive of suffering, without however affecting the integrity of the human personality.
b.
Must be commensurate with the offense – different crimes must be punished with different
penalties.
c.
Must be personal – no one should be punished for the crime of another.
d.
Must be legal – it is the consequence of a judgment according to law.
e.
Must be certain – no one may escape its effects.
f.
Must be equal for all.
g.
Must be correctional.
23.
What are the purposes of the imposition of penalty(three-fold
purpose)
The purposes of the imposition of penalty are the following:
a.
Retribution or expiation – the penalty is commensurate with the gravity of the offense.
b.
Correction or reformation – shown by the rules which regulate the execution of the penalties
consisting in deprivation of liberty.
c.
Social defense – shown by its inflexible severity to recidivists and habitual delinquents.
24.
What are the classes of injuries caused by the crime
The two classes of injuries are Social injury and Personal injury.
In Social injury, it is produced by the disturbance and alarm which are the outcome of the
offense, while in Personal injury, it caused damage to the victim either to his person, property,
honor, and chastity.
In Social injury, it is repaired through the imposition of the corresponding penalty, while in
Personal injury, it is repaired through indemnity.
In Social injury, the offended party cannot pardon the offender so as to relieve him of the
penalty, while in Personal injury, the offended party may waive the indemnity and the state has no
reason to insist in its payment.
25.
What are the measures of prevention that are not considered
penalty?
The following are the measures of prevention that are not considered penalties:
A. The arrest and temporary detention of accused persons, as well as their detention by
reason of insanity or imbecility, or illness requiring their confinement in a hospital.
B. The commitment of a minor to any of the institutions and for the purposes specified
therein.
C. Suspension from the employment or public office during the trial or in order to institute
proceedings.
D. Fines and other corrective measures which, in the exercise of their administrative or
disciplinary powers, superior officials may impose upon their subordinates.
E.
Deprivation of rights and the reparations which the civil law may establish in penal form.
26.
Who are the accessories exempt from criminal liability? What
are the exceptions?
AN ACCESSORY IS EXEMPT FROM CRIMINAL LIABILITY WHEN THE PRINCIPAL IS HIS
1.
2.
3.
4.
:
spouse, or
ascendant, or
descendant, or
legitimate, natural or adopted brother, sister or relative by affinity within the same degree.
The exceptions are the following: if such accessory;
a. profited by the effects of the crime
b. 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.
27.
Distinguish principal by cooperation and accomplice
In principal by cooperation, the cooperation is indispensable, and one without which, the
offense would not have been accomplished, whereas in accomplice, the cooperation is not
indispensable, the crime would still be accomplished even without his cooperation.
28.
Distinguish accomplice and conspirator
Accomplice knows and agrees with the criminal design, whereas the conspirator knows and joins
the criminal design
Accomplice has come to know the criminal design after the principal has reached the decision, and
just only agreed to cooperate in its execution, whereas Conspirators, they themselves have decided
upon such course of action.
Accomplice is a mere instrument who performs act not essential to the commission of the crime,
whereas conspirators are the author of the crime.
The penalty for an accomplice is one degree lower to that of principal, whereas in Conspirator is
same penalty as of a principal.
29.
In principal by inducement, what are the 2 ways of directly
inducing another to commit crime?
The two ways are:
1.
By directly forcing another to commit a crime by –
a) Using irresistible force.
b) Causing uncontrollable fear.
2.
By directly inducing another to commit a crime by –
a) Giving of price, or offering of reward or promise.
b) Using words of command
Motive is the moving power which impels one to act, while intent is the purpose to use a particular
means to effect such result.
2. Distinguish sufficient threat or provocation and vindication
Provocation is made directly only to the person committing the felony, whereas in Vindication,
the grave offense may be committed also against the offender’s relatives mentioned by law.
In Provocation, the cause that brought about the provocation need not be a grave offense,
whereas in Vindication, the offended party must have done a grave offense to the offender or his
relatives mentioned by law.
In provocation, it is necessary that the provocation or threat immediately preceded the act,
whereas in Vindication, the grave offense may admit of an interval time.
3. Distinguish defense of relative and defense of a stranger
In defense of a relative, it extends only to the following:
a.
b.
c.
d.
Spouse
Ascendants
Descendants
Legitimate, natural or adopted brothers and sisters, or relatives by affinity of the same
degree
e. Relatives by consanguinity within the fourth civil degree
In defense of a stranger, it extends to all of the strangers, with the exception that the
person defending be not induced by revenge, resentment or other evil motive.
4. Distinguish passion/obfuscation to provocation
Passion/Obfuscation is produced by an impulse which may be caused by provocation, whereas
the provocation comes from the injured party.
In Passion/Obfuscation, the offense need not be immediate. It is only required that the
influence thereof lasts until the moment the crime is committed. In Provocation, the offense must
immediately precede the commission of the crime.
5. Distinguish the aggravating circumstance of Aid of armed men and
Band
In aid of armed men, there should be at least two persons involved, whereas in a band, there
should be at least four persons involved.
In aid of armed men, it requires that at least one of the offenders merely relied on their aid,
whereas in a band, it requires that at least four armed malefactors shall have acted together in the
commission of an offense.
6. Who are the persons criminally liable for light felony?
a.
b.
Principals
Accomplices
7. People who are of low education/instruction are mitigating all the
times. Exceptions?
a.
b.
c.
Crimes against property (e.g. arson, estafa, theft, robbery)
Crimes against chastity, and
Treason – because love of country should be a natural feeling of every citizen, however
unlettered or uncultured he may be.
8. When is relationship neither aggravating nor mitigating?
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).
9. Distinguish ignominy and cruelty
Ignominy refers moral suffering while Cruelty refers to physical suffering.
10.
Distinguish the aggravating circumstance of unlawful entry and
breaking the wall
In unlawful entry, it is aggravating for the reason that a person acts, not respecting
the walls erected by men to guard their property and personal safety. It shows a greater
perversity. Hence, the law punishes him with more severity. In breaking the wall, however, this
circumstance is aggravating only in those cases where the offender resorted to any of said
means to enter the house. If the wall, etc., is broken in order to get out of the place, it is not
an aggravating circumstance.
11.
What are the elements of treachery?
The elements of treachery are the following:
1.
2.
That at the time of the attack, the victim was not in a position to defend himself; and
That the offender consciously adopted the particular means, method or form of attack employed
by him.
12.
Distinguish fraud and craft
In Fraud, it is present where there is a direct inducement by insidious words or machinations. In Craft,
however, it is present when the accused does an act in order not to arouse the suspicion of the victim.
13.
Distinguish reiteracion and recidivism
In Reiteracion, it is necessary that the offender shall have served out his sentence for the first
offense, while in Recidivism, it is enough that a final judgment has been rendered in the first offense.
In Reiteracion, the previous and subsequent offenses must not be embraced in the same title
of the code, while in Recidivism, it requires that the offenses be included in the same title of the code.
14.
a.
b.
How is criminal liability extinguished by:
Partial Extinction
Total extinction
In partial extinction, criminal liability is extinguished by;
a) conditional pardon;
b) commutation of the sentence
c) good conduct allowances which the culprit may earn while he is serving his sentence
In total extinction, however, criminal liability is extinguished by;
a) death of the convict
b) service of sentence
c) amnesty
d) by absolute pardon
e) prescription of the crime
f) prescription of penalty
g) marriage of the offended woman with the offender in the crimes of rape, seduction, abduction,
and acts of lasciviousness.
15.
Distinguish Pardon and amnesty
In Pardon, it includes any crime and it is exercised individually by the president, while in
Amnesty, it is a blanket pardon to classes of persons or communities who may be guilty of political
offenses.
In Pardon, it is exercised when the person is already convicted, while in Amnesty, it may be
exercised even before trial or investigation is had.
In Pardon, it looks forward and relieves the offender form the consequences of an offense
committed, while in Amnesty, it looks backward and obliterates the offense committed as though he
had committed no offense.
In Pardon, being a private act by the president, it must be pleaded and proved by the person
pardoned, while in Amnesty, Being a proclamation by the president with the concurrence of congress;
is a public act which the courts should take judicial notice.
In Pardon, it does not alter the fact that the accused is a recidivist as it produces only the
extinction of the personal effects of the penalty, while in Amnesty, it makes the accused no longer a
recidivist as it obliterates the last vestige of the crime
16.
Distinguish Habitual delinquency and Recidivism
In Habitual delinquency, the crimes are specified, while in Recidivism, it is sufficient that the
accused on the date his trial, shall have been previously convicted by final judgment of another crime
embraced in the same title.
In Habitual delinquency, the offender is found guilty within ten years from his last release or
conviction, while in Recidivism, no period of time between the former conviction and the last
conviction.
In Habitual delinquency, the accused must be found guilty the third time or oftener of the
crime specified, while in Recidivism, the second offense is for an offense found in the same title.
In Habitual delinquency, an additional penalty is also imposed, while in Recidivism, it serves to
increase the penalty only to the maximum.
17.
Distinguish Special Complex crime, complex crime and
compound crime
Special complex crimes are neither of same legal basis, nor subject to the rules on complex
crimes in Article 48 of the Revised Penal Code, since they do not consist of a single act giving rise to
two or more grave or less grave felonies, nor do they involve an offense being a necessary means to
commit another. However, just like the regular complex crimes, only a single penalty is imposed for
each of such composite crimes although composed of two or more offenses.
In Complex crime, however, although 2 or more crimes are actually committed, they
constitute only one crime in the eyes of the law as well as in the conscience of the offender. It has 2
kinds, the Compound crime and complex crime proper.
In Compound crime, it is a single act which constitutes 2 or more grave or less grave felonies.
18.
Distinguish executive pardon and pardon by the offended party
In Executive Pardon, it extends to any crime, unless otherwise provided by or subject to
conditions in the constitution or the laws, wherein Pardon by Offended Party, it applies only to crimes
against chastity under the RPC.
In Executive Pardon, it extinguishes criminal liability, wherein Pardon by Offended Party, it
does not extinguish criminal liability, but it may only constitute a bar to the prosecution of the
offender.
In Executive pardon, it cannot affect the civil liability of the offender, wherein Pardon by
Offended party, the civil liability can be waived.
In Executive Pardon, it can only be extended after conviction by final judgment of the accused,
wherein Pardon by Offended party, it can be validly extended only before the institution of the criminal
action.
19.
Distinguish bond to keep the peace, bond for good behavior
and bail bond
In Bond to keep the peace, two sufficient sureties are to be issued to keep the peace, who shall
undertake that the offender will not commit the offense sought to be prevented. If such offense has
been committed, they will pay the amount determined by court.
In Bond for Good Behavior, this is the amount of money to be deposited by the accused charged
with threats to ensure that he shall not molest the person threatened. If he refuses to put up the Bond
for Good behavior, he shall be sentenced to destierro.
In Bail Bond, however, the amount of money is to secure the provisional release of an accused
person after his arrest or during trial but before final judgment of conviction.
20.
Distinguish pecuniary liability and subsidiary penalty
In Pecuniary liability, it is applicable in case the property of the offender should not be sufficient
for the payment of all his pecuniary liabilities, the same shall be met in the following order:
a.
The reparation of the damage caused
b.
Indemnification of the consequential damages
c.
Fine
d.
Costs of proceedings.
In Subsidiary Penalty, it is a subsidiary personal liability to be suffered by the convict who has no
property with which to meet the fine, at the rate of one day for each eight pesos (P8.00)
21.
Distinguish reclusion perpetua and life imprisonment
Reclusion Perpetua has a specific duration of 20 years and 1day to 40 years, and accessory
penalties, while Life imprisonment has no definite term or accessory penalties.
Reclusion Perpetua is imposable on felonies punished by the RPC, while Life imprisonment is
imposable on crimes punishable by special laws.
22.
What are the juridical conditions of penalty?
The juridical conditions of penalty are the following:
a.
Must be productive of suffering, without however affecting the integrity of the human personality.
b.
Must be commensurate with the offense – different crimes must be punished with different
penalties.
c.
Must be personal – no one should be punished for the crime of another.
d.
Must be legal – it is the consequence of a judgment according to law.
e.
Must be certain – no one may escape its effects.
f.
Must be equal for all.
g.
Must be correctional.
23.
What are the purposes of the imposition of penalty(three-fold
purpose)
The purposes of the imposition of penalty are the following:
a.
Retribution or expiation – the penalty is commensurate with the gravity of the offense.
b.
Correction or reformation – shown by the rules which regulate the execution of the penalties
consisting in deprivation of liberty.
c.
Social defense – shown by its inflexible severity to recidivists and habitual delinquents.
24.
What are the classes of injuries caused by the crime
The two classes of injuries are Social injury and Personal injury.
In Social injury, it is produced by the disturbance and alarm which are the outcome of the
offense, while in Personal injury, it caused damage to the victim either to his person, property,
honor, and chastity.
In Social injury, it is repaired through the imposition of the corresponding penalty, while in
Personal injury, it is repaired through indemnity.
In Social injury, the offended party cannot pardon the offender so as to relieve him of the
penalty, while in Personal injury, the offended party may waive the indemnity and the state has no
reason to insist in its payment.
25.
What are the measures of prevention that are not considered
penalty?
The following are the measures of prevention that are not considered penalties:
A. The arrest and temporary detention of accused persons, as well as their detention by
reason of insanity or imbecility, or illness requiring their confinement in a hospital.
B. The commitment of a minor to any of the institutions and for the purposes specified
therein.
C. Suspension from the employment or public office during the trial or in order to institute
proceedings.
D. Fines and other corrective measures which, in the exercise of their administrative or
disciplinary powers, superior officials may impose upon their subordinates.
E.
Deprivation of rights and the reparations which the civil law may establish in penal form.
26.
Who are the accessories exempt from criminal liability? What
are the exceptions?
AN ACCESSORY IS EXEMPT FROM CRIMINAL LIABILITY WHEN THE PRINCIPAL IS HIS
1.
2.
3.
4.
:
spouse, or
ascendant, or
descendant, or
legitimate, natural or adopted brother, sister or relative by affinity within the same degree.
The exceptions are the following: if such accessory;
a. profited by the effects of the crime
b. 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.
27.
Distinguish principal by cooperation and accomplice
In principal by cooperation, the cooperation is indispensable, and one without which, the
offense would not have been accomplished, whereas in accomplice, the cooperation is not
indispensable, the crime would still be accomplished even without his cooperation.
28.
Distinguish accomplice and conspirator
Accomplice knows and agrees with the criminal design, whereas the conspirator knows and joins
the criminal design
Accomplice has come to know the criminal design after the principal has reached the decision, and
just only agreed to cooperate in its execution, whereas Conspirators, they themselves have decided
upon such course of action.
Accomplice is a mere instrument who performs act not essential to the commission of the crime,
whereas conspirators are the author of the crime.
The penalty for an accomplice is one degree lower to that of principal, whereas in Conspirator is
same penalty as of a principal.
29.
In principal by inducement, what are the 2 ways of directly
inducing another to commit crime?
The two ways are:
1.
By directly forcing another to commit a crime by –
a) Using irresistible force.
b) Causing uncontrollable fear.
2.
By directly inducing another to commit a crime by –
a) Giving of price, or offering of reward or promise.
b) Using words of command
