Jose Maria College College of Law CRIMINAL LAW 1
COURSE OUTLINE and CASE LIST
Professor: Atty. Dimpna D. Bermejo-Dulay, M.S. Chem., Phd. ❖
Article 14. AGGRAVATING CIRCUMSTANCES o KINDS of Aggravating Circumstances: Circumstances : 1) GENERIC 2) SPECIFIC 3) QUALIFYING 4) INHERENT 5) SPECIAL o
➢
Cases: People vs. Caliso, G.R. No. 37271, July 1, 1933 People vs. Lora, G.R. No. L-49430, March 30, 1982 People vs Mandolado, G.R. No. L-51304-05, June 28, 1983 People v. Arrojado, G.R. No. 130492. January 31, 2001 -
What are the distinctions between Generic aggravating and Qualifying circumstances? circumstances?
❖
SEE: RA No. 9165 or COMPREHENSIVE DANGEROUS DRUGS ACTS OF 2002, as Qualifying Aggravating Circumstance
Cases: People vs Costales, GR No. 141154-56, January 15, 2002 People vs. De Leon, GR No. 179943, June 26, 2009 Sombilon vs. PP, G. R. No. 175528, September 30, 2009 People vs. Dadulla, G. R. No. 172321, February 9, 2011 ❖
❖
PAR. 1. THAT ADVANTAGE BE TAKEN BY THE OFFENDER OF HIS PUBLIC POSITION
PAR. 6. THAT THE CRIME BE COMMITTED IN THE NIGHT TIME, OR IN AN UNINHABITED PLACE (DESPOBLADO ), ), OR BY A BAND
Cases: -People vs. Laguardia GR No. L -63423, February 27, 1987 -People vs Marra, G.R. No. 108494, September 20, 1994 -People vs Desalisa, Desalisa, G.R. No. 95262 95262 January 4, 1994 1994 -People v. Librando, G.R. No. 132251. July 6, 2000 -People vs. Ventura, G.R. No. 148145-46, July 5, 2004
PAR. 2. THAT THE CRIME BE COMMITTED IN CONTEMPT OF OR WITH INSULT TO THE PUBLIC AUTHORITIES Who is a Person in authority? authority? Is it necessary that the offender has knowledge that the public authority is present?
➢
SEE:
▪
Article 62, RPC (ORGANIZED/SYNDICATED (ORGANIZED/SYNDICATED CRIME GROUP) PD 1866, as amended by R.A. No. 8294 Section 29 of R.A. No. 10591 [USE OF UNLICENSED FIREARM AND EXPLOSIVES]
▪
▪
Cases: People vs Walpan Ladjaamlam, GR N o. 136149-51, September 19, 2000 People vs Avecilla, GR No. 117033, February 15, 2001 People vs Agcanas, GR No. 174476, October 11, 2011
Cases: - People vs. Rodil, G.R. No. L-35156, November 20, 1981 ❖
PAR. 5. THAT THE CRIME BE COMMITTED IN THE PALACE OF THE CHIEF EXECUTIVE OR I N HIS PRESENCE, OR WHERE PUBLIC AUTHORITIES ARE ENGAGED IN THE DISCHARGE OF THEIR DUTIES, OR IN A PLACE DEDICATED TO RELIGIOUS WORSHIP Distinctions between par. 5 and par. 2 o
Cases: - People vs Jaurigue, C.A. No. 384, February 21, 1946
Cases: People vs. Mandolado, G.R. No. L-51304, June 28, 1983 People vs. Gapasin, G.R. No. 73489, April 25, 1994 People vs Villa, GR No. 129899, April 27, 2000 PP vs. Villamor, GR No. 140407-08, January 15, 2002 People vs. Fallorina, G.R. No. 137347, March 4, 2004 ❖
PAR. 4. THAT THE ACT BE COMMITTED WITH ABUSE OF CONFIDENCE OR OBVIOUS UNGRATEFULNESS
PAR. 3. WITH INSULT OR LACK OR REGARD DUE TO OFFENDED PARTY BY REASON OF RANK, AGE, OR SEX, DWELLING Rank of the offended party - Designation or title 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 of the offended party party - May refer to old age or tender age of the victim. Sex of the offended party - This refers to the female sex, not to the male sex. Dwelling (Morada)- Building or structure, structure, exclusively used for rest and comfort.
❖
PAR. 7. THAT THE CRIME BE COMMITTED ON THE OCCASION OF A CONFLAGRATION, SHIPWRECK, EARTHQUAKE, EPIDEMIC OR OTHER CALAMITY OR MISFORTUNE
❖
PAR. 8. THAT THE CRIME BE COMMITTED WITH THE AID OF ARMED MEN, OR PERSONS WHO INSURE OR AFFORD IMPUNITY Distinctions of Par. 6: By a Band and Par. 8: With Aid of Armed Men
Case: September 29, 2003 - People vs. Lozano, GR Nos. 137370-71, September - People vs. Carino, G.R. No. 131117, June 15, 2004 - People vs. Enoja, GR No. 204894, March 10, 2014
Cases: People vs Santos, GR No. L-4189, May 21, 1952 People vs Daniel, G.R. N o. L-40330 November 20, 1978 People vs. Rodil, G.R. No. L-35156, November 20, 1981 People v. Taño, G.R. No. 133872. May 5, 2000 People vs. Reyes, G.R. No. 153119, April 13, 2004 People vs. Evangelio, G.R. No. 181902, August 31, 2011 -
6
❖
PAR. 9. THAT THE ACCUSED IS A RECIDIVIST (REINCIDENCIA) RPC, Articles 160
❖
PAR. 10. REITERACION OR HABITUALITY RPC, Articles 62(5) & 160 Par. 9: Recidivism vs. Par. 10: Reiteracion
Jose Maria College College of Law CRIMINAL LAW 1
COURSE OUTLINE and CASE LIST
Professor: Atty. Dimpna D. Bermejo-Dulay, M.S. Chem., Phd. ❖
PAR. 11. THAT THE CRIME BE COMMITTED IN CONSIDERATION OF A PRICE, REWARD, OR PROMISE
▪ ▪
Case: - U.S. v. Gamao, G.R. No. L-6942, August 30, 1912 ❖
PAR. 12. INUNDATION, FIRE, POISON
❖
PAR. 13. THAT THE ACT BE COMMITTED WITH EVIDENT PREMEDITATION What is the essence of premeditation? What is the rule in appreciating evident premeditation in error in personae and aberratio ictus? o
o
•
Cases: People vs Jose, GR No. 130666, January 31, 2000 People vs Pansensoy, GR No. 140634, September 12, 2002 People vs. Villacorta, G.R. No. 186412, September 7, 2011 People vs Yanson, GR No. 179195, October 3, 2011 People vs. Agacer, G.R. No. 177751, December 14, 2011 People vs Nelmida, GR No. 184500, September 11, 2012 People vs. Aquino G.R. No. 201092 January 15, 2014 People vs. Gunda, G.R. No. 195525, February 5, 2014 People vs. Feliciano, G.R. No. 196735 May 5, 2014 People vs Matibag G.R. No. 206381 March 15, 2015 -
GR: Evident premeditation is not appreciated in error in personae and aberratio ictus. XPNs: 1. When there is no particular intended victim or particular person to kill. 2. Where the victim belonged to the same class or family designated by the accused.
❖
Does conspiracy presuppose premeditation?
❖
PAR. 14. THAT CRAFT, FRAUD OR DISGUISE BE EMPLOYED
•
PAR. 15. THAT ADVANTAGE BE TAKEN OF SUPERIOR STRENGTH, OR MEANS BE EMPLOYED TO WEAKEN THE DEFENSE How is abuse of superiority determined?
PAR. 16. THAT THE ACT BE COMMITTED WITH TREACHERY (ALEVOSIA)
▪
What is the essence of treachery? What are the rules regarding treachery? Does a frontal attack negate the presence of treachery?
▪ ▪
PAR. 19. THAT AS A MEANS TO THE COMMISSION OF THE CRIME, A WALL, ROOF, FLOOR, DOOR OR WINDOW BE BROKEN Distinctions between BREAKING WALL and UNLAWFUL ENTRY
❖
PAR. 20. THAT THE CRIME BE COMMITTED WITH THE AID OF PERSONS UNDER FIFTEEN YEARS OF AGE OR BY MEANS OF MOTOR VEHICLES, ETC.
❖
PAR. 21. CRUELTY Ignominy vs. Cruelty
Cases: People vs. Ilao-a, 233 SCRA 231 (1994) People v. Catian G.R. No. 139693. January 24, 2002 People v. Guerrero G.R. No. 134759. September 19, 2002 Simangan vs. People, G.R. No. 157984. July 8, 2004
Cases: People vs. Cabato, 160 SCRA 98 ( 1988) People vs. Ruelan, 231 SCRA 650 (1994) People vs Padilla. 233 SCRA 46 (1994) People v. Sansaet, G. R. No. 139330. February 6, 2002 PP vs. De Jesus, GR No. 186528, January 26, 2011 People v. Laog, G.R. No. 178321, October 5, 2011 People v. Salcedo, G.R. No. 178272, March 14, 2011 People vs. Paling, G.R. No. 185390, March 16, 2011 Fantastico & Villanueva vs. Malicse, Sr. & People G.R. No. 190912 January 12, 2015 ❖
PAR. 18. THAT THE CRIME BE COMMITTED AFTER AN UNLAWFUL ENTRY.
Cases: - People vs. Baello, 224 SCRA 218 (1993)
Cases: People vs. Marquez, 117 SCRA 165 (1982) People vs. Empacis, 222 SCRA 59 (1994) People v. Labuguen G.R. No. 127849. August 9, 2000 ❖
PAR. 17. IGNOMINY Is there ignominy when a man is killed in the presence of his wife?
Cases: People vs. Jose, et. al, 37 SCRA 450 (1971) People v. Bumidang G.R. No. 130630. December 4, 2000 PP vs. Cachola, GR Nos. 148712-15, January 21, 2004 -
Cases: People vs. Lug-aw, G.R. No. 85735. January 18, 1994 People vs Ilao-a, G.R. No. 94308, June 16, 1994 People vs. Zeta, G.R. No. 178541, March 27, 2008 People vs. Falabrica, GR No. 188124, June 29, 2010 People vs. Sanchez, G.R. No. 188610, June 29, 2010 People v. Gabrino, G.R. No. 189981, March 9, 2011 PP vs. Alinao, GR No. 191256, September 18, 2013 PP vs. Sabangan, GR No. 191722, December 11, 2013 ❖
What are those instances that may be absorbed by treachery? Can treachery co-exist with passion or obfuscation?
Article 15. ALTERNATIVE CIRCUMSTANCES Define Alternative Circumstances What is the basis of Alternative circumstances? • •
Cases: - People vs. Orilla, GR Nos. 148939-40, February 13, 2004 ❖
RELATIONSHIP When is relationship taken into consideration?
Cases: People v. Atop G.R. Nos. 124303-05. February 10, 1998 People v. Marcos G.R. No. 132392. January 18, 2001
7
Jose Maria College College of Law CRIMINAL LAW 1
COURSE OUTLINE and CASE LIST
Professor: Atty. Dimpna D. Bermejo-Dulay, M.S. Chem., Phd.
❖
INTOXICATION
Article 16. PERSONS CRIMINALLY LIABLE
➢
SEE: R.A. No. 10586 – An Act Penalizing Persons Driving Under the Influence of Alcohol, Dangerous Drugs and Similar Substances R.A. No. 9262 – Anti-Violence Against Women and Their Children Act of 2004, Section 27
Article 17. PRINCIPALS What are the different classifications of criminal o responsibility? 1. Individual criminal responsibility 2. Quasi - collective criminal responsibility 3. Collective criminal responsibility
•
•
o
When is Intoxication considered mitigating? When is Intoxication considered Aggravating?
o
Person considered as “Habitual Drunkard”
o
o o
o
Basis of whether intoxication is mitigating or not When shall being under the influence of alchohol not be a defense?
o
Cases: People vs. Camano, GR No L-36662-63, July 30, 1982 People vs. Renejane, 158 SCRA 258 (1998) People vs Tambis, GR No. 124452, July 28, 1999 People vs. Fontillas, GR No. 184177, December 15, 2010 People vs. Patelan, G.R. No. 182918, June 6, 2011 ❖
DEGREE OF INSTRUCTION AND EDUCATION Lack or Low Degree of Instruction and Education vs. High Degree of Instruction and Education
Article 18. ACCOMPLICES ▪ Distinguish between an accomplice and a conspirator. (2007 Bar Question)
Cases: People vs. Macatanda, GR No. L-51368, November 6, 1981 People vs Enot, GR No. L-17530, October 30, 1962 People vs Lansanas, GR No. L -1622, December 2, 1948
Cases: People vs. Mandolado, 123 SCRA 133 (1983) People vs Doctolero, 193 SCRA 632 (1991) People vs Tamayo, GR No. 138608, September 24, 2002 People vs. Cruz, Jr., GR No. 168446, September 18, 2009 People vs. PO1 Eusebio G.R. No. 182152, February 25, 2013 People vs. Salvador, GR No. 201443, April 10, 2013 People vs. Gambao, GR No. 172707, October 01, 2013
ABSOLUTORY CAUSES What are absolutory causes? Are the grounds under Art. 89 ad Art. 344 of the RPC, absolutory causes? • •
Article 19. ACCESSORIES
(1) Instigation ▪ Distinguish fully between entrapment and instigation in criminal law. (2003 Bar Question) ▪ Determination of whether the act is an entrapment or instigation.
Cases: People vs. Inovera, et.al. (65 OG 3168) Viño vs. People (G.R. No. 84163, October 19, 1989) People vs. Ortega Jr. et.al. (G.R. No. 116736, July 24, 1997) People vs Talingdan, 84 SCRA 19 (1978) -
Cases: People vs Doria, GR No. 131638-39, March 26, 2001 People v. Pacis, G.R. No. 146309. July 18, 2002 People vs. Espiritu, G.R. No. 180919, January 9, 2013 -
▪ ▪
General rule: Pardon does not extinguish criminal action [Article 23, RPC] Exception: Pardon by marriage between the accused and the offended party in cases of SEDUCTION, ABDUCTION, RAPE AND ACTS OF LASCIVIOUSNESS [Art. 344]
➢
(3) Other Absolutory Causes (4) Acts not covered by law and in case of excessive punishment •
INSTANCES WHEN ONE BECOMES AN ACCESSORY PD 1612 vs Article 19(1) of the RPC
Cases: Hizon-Pamintuan vs. People, G.R. No. 11414, July 11, 1994 Tan vs. People, G.R. No. 134298, August 26, 1999 Francisco vs. People, G.R. N o. 146584, July 12, 2004 Ong vs. People, GR No. 190475, April 10, 2013
(2) Pardon ▪
What are the distinctions between principal by inducement from the offender who made proposal to commit a felony?
Cases: People vs Quillosa, GR No. 115867, February 17, 2000 People vs. Janjalani, GR No. 188314, January 10, 2011 Guillergan vs. People, GR No. 185493, February 2, 2011 Ambagan vs People, GR NO. 204481-82, October 14, 2015 -
•
❖
KINDS OF PRINCIPALS ▪ By Direct Participation ▪ By Inducement/ Induction ▪ By Indispensable Cooperation
ABSOLUTORY CAUSE IN CRIME AGAINST PROPERTY
Cases: Intestate Estate of Gonzales vs. People, G. R. No. 181409, February 11, 2010 8
SEE: ▪ PD No. 1612 (ANTI-FENCING LAW) ▪ PD No. 532 (ANTI-PIRACY AND ANTI-HIGHWAY ROBBERY LAW OF 1974) ▪ PD No. 1829 (OBSTRUCTION OF JUSTICE)
Jose Maria College College of Law CRIMINAL LAW 1
COURSE OUTLINE and CASE LIST
Professor: Atty. Dimpna D. Bermejo-Dulay, M.S. Chem., Phd.
Article 20. ACCESSORIES EXEMPT FROM CRIMINAL LIABILITY Who are the accessories exempt from criminal liability? o ▪ GR: An accessory is exempt from criminal liability, when the principal is his: Spouse, Ascendant, Descendant, Legitimate, o natural, or adopted brother, sister or relative by affinity within the same degree. ▪ XPN: 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 from the effects of the crime.
Article 26. FINE ▪ How are fines imposed? ▪ When is a fine considered as afflictive, correctional or light penalty? ▪ Can a penalty be imposed in the alternative? ▪ E and M are convicted of a penal law that imposes a penalty of fine or imprisonment or both fine and imprisonment. The judge sentenced them to pay the fine, jointly and severally, with subsidiary imprisonment in case of insolvency. (2005 Bar Question) Article 27. DURATION AND EFFECT OF PENALTIES What is the duration of each of different penalties? What are the distinctions between RECLUSION PERPETUA and LIFE IMPRISONMENT? What is the nature of destierro?
Article 21. PENALTIES WHICH MAY BE IMPOSED o What are the penalties that may be imposed? Article 22. RETROACTIVE EFFECT OF PENAL LAWS GR: Criminal laws must have a prospective effect. ▪ XPN: It may be given a retroactive effect when favorable to the accused, although at the time of the publication of such laws a final sentence has been pronounced and the convict is serving the same. ▪ XPN to the XPN: The person guilty of a felony must not be a habitual criminal. Is the principle of retroactivity applicable to special laws? When is it not applicable?
Case: People vs Uycogue, GR. No 149375, November 26, 2002 -
•
Article 28. COMPUTATION OF PENALTIES What are the rules for the computation of penalties? What are examples of temporary penalties? 1. Temporary absolute disqualification. 2. Temporary special disqualification. 3. Suspension. What are accessory penalties that are inherently attached to principal penalties? What is the distinction between PERPETUAL absolute disqualification and TEMPORARY absolute disqualification? • •
•
•
•
•
Case: People v. Bon, G.R. 166401, October 30, 2006 Article 23. EFFECT OF PARDON BY THE OFFENDED PARTY ▪ Does pardon by the offended party extinguish criminal action?
Cases: People vs Formigones, 87 Phil 658 (1950) Article 29. PREVENTIVE IMPRISONMENT o When is there preventive imprisonment? How much of the time spent by offenders during a o preventive imprisonment can be credited for the service of their sentence? Who are the offenders not entitled to the full time or four o fifths of the time of preventive imprisonment? What if the period of the preventive imprisonment is equal o to or more than the possible maximum imprisonment of the offense charged?
Case: People v. Santiago, 51 Phil. 68 Article 24. MEASURES OF PREVENTION OR SAFETY WHICH ARE NOT CONSIDERED PENALTIES See Family Code, Articles 228-229 What are the purposes for the imposition of penalty under the RPC? Article 25. CLASSIFICATION OF PENALTIES What are the general classifications of penalties? o a) PRINCIPAL PENALITIES i. ACCORDING TO THEIR GRAVITY ▪ Capital ▪ Afflictive ▪ Correctional ▪ Light ▪ Penalties common to afflictive, correctional and light penalties b) ACCESSORY PENALTIES c) SUBSIDIARY PENALTIES What are the penalties that can either be principal or o accessory? What are the principal penalties according to their o DIVISIBILITY? 1. Indivisible 2. Divisible - can be divided into 3 periods (Minimum, Medium, Maximum)
➢ ▪ ▪
SEE: R.A. No. 10592 – An act Amending Articles 29, 94, 97, 98 and 99 of the RPC Implementing Rules and Regulations of R.A. No. 10592
Article 30-33. EFFECTS OF PENALTIES What are the effects produced by the penalties of o perpetual or temporary special disqualification for public office, profession or calling? What are the effects produced by the penalties of o perpetual or temporary special disqualification for the exercise of suffrage? What are the effects produced by the penalties of o suspension from public office, profession or calling or the right of suffrage?
9
Jose Maria College College of Law CRIMINAL LAW 1
COURSE OUTLINE and CASE LIST
Professor: Atty. Dimpna D. Bermejo-Dulay, M.S. Chem., Phd. Case: -- O.P. v. Cataquiz, G.R. No. 183445, September 14, 2011 reiterating Pagano v. Nazarro , Jr
o
Can a 3 rd person invoke the provision of Article 45 of the RPC or Section 20 of RA 9165 to recover his property which has been taken by authorities while the main case is going on?
Case: - PDEA vs Brodett, GR No. 196390, September 28, 2011
Article 34. CIVIL INTERDICTION What is civil interdiction? •
Article 35. EFFECTS OF BOND TO KEEP THE PEACE What is the distinction between a BOND TO KEEP THE PEACE, a BAIL BOND, and a BOND FOR GOOD BEHAVIOR?
Article 46. PENALTY TO BE IMPOSED UPON PRINCIPALS IN GENERAL
Article 36. PARDON; ITS EFFECTS ▪ What is pardon? ▪ ABSOLUTE vs CONDITIONAL PARDON ▪ What are the effects of pardon by the President? ▪ LIMITATIONS UPON THE EXERCISE OF PARDONING POWER ▪ Pardon by the Chief Executive vs. Pardon by the offended party ▪ What is amnesty? ▪ Enumerate the differences between pardon and amnesty. (2006 Bar Question)
Article 47. DEATH PENALTY ▪ R.A. No. 9346 – An Act Prohibiting the Imposition of Death Penalty What is the effect of R.A. 9346? o What penalty would be imposed in lieu of the o death penalty? ▪ R.A. No. 7659 – Heinous Crimes Law
Case: - Monsanto v Factoran G.R. No. 78239, February 9, 1989
Article 48. COMPLEX CRIMES ▪ What is plurality of crimes? Kinds of plurality of crimes? ▪ Distinguish between an ordinary complex crime and a special complex crime as to their concepts and as to the imposition of penalties. (2003 Bar Question) ▪ When is there no complex crime?
•
Case: - People vs Muñoz, 170 SCRA 107, February 9, 1989
Article 37. COSTS To whom are costs chargeable? o o Is payment of costs discretionary?
▪
Article 38. PECUNIARY LIABILITIES 1. Reparation of damage caused 2. Indemnification of the consequential damages 3. Fine 4. Costs of proceedings o o o
homicides or murder. Article 48 speaks of a “single act”. ▪ ▪
When does this article apply? Can the court disregard the order of payment? Distinguish pecuniary penalties from pecuniary liabilities. (2005 Bar Question)
▪
Article 39. SUBSIDIARY PENALTY What is subsidiary penalty? o o When is subsidiary penalty imposed? ➢
Single act rule- If there is more than one death resulting from different acts there is no compound crime of multiple Single purpose rule Single criminal impulse – Several acts committed by several offenders with one criminal impulse resulting in several deaths constitute one crime: the compound crime of multiple homicides or murders.
KINDS OF COMPLEX CRIMES
COMPOUND CRIME (DELITO COMPUESTO) Cases: People vs. Lawas, L-7618-20, June 30, 1955 People vs. Toling, G.R. No. L-27097, January 17, 1975 People vs. Abella, G.R. No. L-32205, August 31, 1979 People vs. Pincalin, G.R. No. L-38755, January 22, 1981 People vs Castomero, GR No. 118992, October 9, 1997 People vs. Comadre, G.R. No. 153559, June 8, 2004 People vs. Elarcosa, G.R. No. 186539, June 29, 2010 People v. Villaflores, G.R. No. 184926, April 11, 2012 People vs. Punzalan, G.R. No. 199892, December 10, 2012 People vs. Nelmida, G.R. No. 184500. September 11, 2012 People vs. Mores, GR No. 189846, June 26, 2013 People vs. Bernardo, GR No. 198789, June 03, 2013 ➢
SEE: R.A. No. 10159 – An Act Amending Article 39 of the RPC
Case: Jao Yu vs People, G.R. No. 134172. September 20, 2004 Yolanda Luy vs People, G.R. No. 200087, October 12, 2016 -
Article 40-44. ACCESSORY PENALTIES, PRINCIPAL PENALTIES Is subsidiary imprisonment an accessory penalty? o What are the rules as to subsidiary imprisonment? o When is subsidiary penalty not imposed? o o Is subsidiary imprisonment applicable to violations of special laws?
COMPLEX CRIME PROPER (DELITO COMPLEJO) Cases: People vs. Sabredo G.R. No. 126114. May 11, 2000 People vs Talo, G.R. No. 125542, October 25, 2000 Intestate Estate of Manolita Gonzales vs. People, G.R. No. 181409, February 11, 2010 People vs. Rebucan, G.R. No. 182551, July 27, 2011 ➢
Article 45. CONFISCATION AND FORFEITURE OF THE PROCEEDS OR INSTRUMENTS OF THE CRIME 10
Jose Maria College College of Law CRIMINAL LAW 1
COURSE OUTLINE and CASE LIST
Professor: Atty. Dimpna D. Bermejo-Dulay, M.S. Chem., Phd.
➢ o
SPECIAL COMPLEX/ COMPOSITE CRIMES
Article 58. ADDITIONAL PENALTY FOR CERTAIN ACCESSORIES
KIDNAPPING WITH HOMICIDE Old rule: (1) Where the accused kidnapped the victim for the purpose of killing him, and he was in fact killed by his abductor, the crime committed was the complex crime of kidnapping with murder as the kidnapping of the victim was a necessary means of committing the murder. (2) Where the victim was kidnapped not for the purpose of killing him but was subsequently slain as an afterthought, two (2) separate crimes of kidnapping and murder were committed. Present rule: Where the person kidnapped is killed in the course of the detention, regardless of whether the killing was purposely sought or was merely an afterthought, the kidnapping and murder or homicide can no longer be complexed, nor be treated as separate crimes, but shall be punished as a special complex crime
Article 59. PENALTY FOR AN IMPOSSIBLE CRIME Articles 60-65. RULES FOR GRADUATION OF PENALTIES Differentiate period from degree o What are the rules for the application of indivisible o penalties? What are the rules for the application of penalties which o contain three periods? When is the graduated scale followed? o Case: People vs. Mantalaba, G.R. No. 186227, July 10, 2011 Article 66. IMPOSITION OF FINES Article 67. PENALTY WHEN NOT ALL REQUISITES OF EXEMPTION OF ARTICLE 12 (4TH CIRCUMSTANCES) IS NOT PRESENT
Cases: People vs. Ramos, G.R. No. 118570, October 12, 1998 People vs. Larranaga, 138874-75, February 3, 2004 People vs. Roxas, GR No. 172604, August 17, 2010 People vs. Montanir, GR No. 187534, April 04, 2011 People vs. Dionaldo, G.R. No. 207949, July 23, 2014 ➢
Article 68. PRIVILEGED MITIGATING CIRCUMSTANCES Cases: People vs. Quitorio, G.R. No. 116765. January 28, 1998 People vs. Sarcia, G.R. No. 169641, September 10, 2009 Atizado vs. People, G.R. No. 173822, October 13, 2010 People vs. Jacinto, G.R. No. 182239, March 16, 2011 People vs. Asia Musa, G.R. No. 199735, October 24, 2012 People vs Ancajas, G.R. No. 199270, October 21, 2015 People vs Deliola, G.R. No. 200157, August 31, 2016 -
CONTINUED CRIME (DELITO CONTINUADO) Foreknowledge doctrine •
Cases: People vs. Tumlos, G.R. No. 46428, April 13, 1939 People vs. Dela Cruz, G.R. No. L-1745, May 23, 1950 People vs. Dichupa, G.R. No. L-16943, October 28, 1961 Santiago vs. Garchitorena, GR No. 109266, December 2, 1993 Ilagan vs. CA, G.R. No. 110617, December 29, 1994 People vs. Aaron, G.R. No. 136300-02, September 24, 2002 People vs. De Leon, GR No. 179943, June 26, 2009 Paera vs. People, G.R. No. 181626, May 30, 2011 People vs. Lucena, GR No. 190632, February 26, 2014 -
Article 69. PENALTY WHEN THE CRIME COMMITTED IS NOT WHOLLY EXCUSABLE ➢
o
➢
DOCTRINE OF ABSORPTION o
Cases: People vs. Hernandez, GR Nos. 6025-26, July 18, 1956 Enrile vs. Salazar, GR No. 92163, June 5, 1990 Enrile vs. Armin, G.R. 93335, 189 SCRA 573 ➢
o
o o
TRANSITORY CRIMES
SEE: THE INDETERMINATE SENTENCE LAW (Act 4103, as Amended by Act No. 4225) What are the rules in imposing a penalty under the indeterminate sentence law? When does indeterminate sentence apply? Who are disqualified from availing the benefits of the indeterminate sentence law? When is a prisoner qualified for release on parole? What are the sanctions for the violation of the conditions of parole?
Article 70. SUCCESSIVE SERVICE OF SENTENCE THREE-FOLD RULE; Application Systems of penalties relative to 2 or more penalties imposed on one and the same accused Material Accumulation system o Juridical Accumulation system o Absorption System o
Section 15, Rule 110 of the Rules in Criminal Procedure Cases: --People vs. Cecilia Yabut, GR No. L- 42487, April 29, 1977
•
o
•
Article 49. PENALTY TO BE IMPOSED UPON PRINCIPALS WHEN THE CRIME INTENDED IS DIFFERENT FROM THAT INTENDED
Cases: -People vs Escares, GR No. L-11128-33, December 23, 1957 -Rodriguez vs. Director of Prisons, G.R. No. L-35386, September 28, 1972 -Mejorada vs. Sandiganbayan, GR No. L-51065-72, June 30 ,1987 - People vs. Mirto, G.R. No. 193479, October 19, 2011). -Celestial vs. People, G.R. No. 214865, August 19, 2015
Article 50-57. PENALTIES What are the penalties imposed on principals, accomplices, o accessories, in accordance to the stages of committing a felony? 11
Jose Maria College College of Law CRIMINAL LAW 1
COURSE OUTLINE and CASE LIST
Professor: Atty. Dimpna D. Bermejo-Dulay, M.S. Chem., Phd. •
a) b)
Article 71. GRADUATED SCALES Cases: People vs. Alfredo Bon (GR No. 166401, October 30, 2006) People vs. Sarcia, G.R. No. 169641, September 10, 2009 People vs. Jacinto, G.R. No. 182239, March 16, 2011
Cases: Monsanto vs Factoran, G.R. No. 78239, February 9, 1989 People vs. Bayotas GR No. 152007, September 2, 1994 Milla vs. People, G.R. N o. 188726, January 25, 2012 People v. Agacer, G.R. No. 177751, January 7, 2013 People v. Amistoso, GR No. 201447, August 28, 2013 Degaños vs. People, GR No. 162826, October 14, 2013 People vs. Consorte G.R. No. 194068 November 26, 2014 Tuano vs. People, G.R. No. 205871, September 28, 2016 -
Article 72. PREFERENCE IN THE PAYMENT OF CIVIL LIABILITIES Article 73. PRESUMPTION IN REGARD TO THE IMPOSITION OF ACCESSORY OF PENALTIES
Article 90. PRESCRIPTION OF CRIMES When shall crimes prescribe? Distinguish Prescription of crimes from prescription of penalties.
Article 74. PENALTY TO HIGHER THAN RECLUSION PERPETUA
• •
Article 75. INCREASING OR REDUCING THE PENALTY OF FINE BY ONE OR MORE DEGREES
Case: Reodica vs. Court of Appeals, G.R. No. 125066. July 8, 1998 -
Article 76. LEGAL PERIOD OF DURATION OF POSSIBLE PENALTIES
Article 91. COMPUTATION OF PRESCRIPTION OF OFFENSES How is prescription of offenses determined? What are the situations which do not follow Art. 91? •
Article 77. COMPLEX PENALTY
•
Article 78. WHEN AND HOW A PENALTY IS TO BE EXECUTED When is a penalty executed? o When does a judgment become final? o
Cases: People vs. Maneja, G.R. No. 47684, June 10, 1941 Cabral vs. Puno, GR No. L-41692, April 30, 1976 People vs. Reyes, G.R. No. 74226, July 27, 1989 Sermonia vs. Court of Appeals, GR No 109454, June 14, 1994 Bautista vs. Court of Appeals, G.R. No. 143375, July 6, 2001 People vs. Pangilinan, G.R. No. 152662, June 13, 2012 -
Article 79. SUSPENSION OF THE EXE CUTION AND SERVICE OF THE PENALTIES IN CASE OF INSANITY Article 80. SUSPENSION OF SENTENCE OF MINORS ➢
What are the Modes of extinguishing criminal liability? Total Extinction Partial Extinction
SEE: ▪ PD 603, as Amended (CHILD AND YOUTH WELFARE CODE) ▪ R.A. 9344 (JUVENILE JUSTICE AND WELFARE LAW) ▪ AM No. 02-1-18-SC (November 24, 2009)
➢
•
Cases: Declarador vs. Gubaton, G.R No. 159208, August 18, 2006 Padua vs. People, G.R. No. 168546, July 23, 2008 People vs. Sarcia, G.R. No. 169641, September 10, 2009 Reminedo vs. People, G.R. No. 184874, October 9, 2009 People vs. Jacinto, G.R. No. 182239, March 16, 2011 People vs. Salcedo, G.R. No. 186523, June 22, 2011 People vs Ancajas, G.R. No. 199270, October 21, 2015 People vs Deliola, G.R. No. 200157, August 31, 2016
•
•
SEE: ACT NO. 3326, as Amended [PRESCRIPTION OF CRIMES, PRESCRIPTION OF VIOLATIONS OF SPECIAL LAWS] General rule: Prescription of the crime begins on the day the crime was committed; Exceptions Blameless ignorance doctrine - Generally, the prescriptive period shall commence to run on the day the crime is committed. An exception to this rule is the "blameless ignorance" doctrine, incorporated in Section 2 of Act No. 3326. INTERRUPTION OF PRESCRIPTION; o Exceptions: 1. Violation of Ordinance 2. Invalid Proceeding
Cases: Zaldivia v. Reyes, Jr., G.R. No. 102342, July 3, 1992 PCGG vs. Desierto, G.R. NO. 140231, July 9, 2007 SEC vs. Interport Resources Corporation, G.R. No. 135808, October 6, 2008 Panaguiton vs. DOJ, G.R. No. 167571, November 25, 2008 People vs. Romualdez G.R. No. 166510, April 29, 2009 Disini vs. Sandiganbayan, G.R. No. 169823-24 and 17476465, September 11, 2013 Jadewell Parking Systems Corp. vs. Lidua, Sr., GR No. 169588, October 7, 2013
Article 81 to 85. DEATH PENALTY ➢ SEE: R.A. No. 9346 - An Act Prohibiting the Imposition of Death Penalty Article 86. RECLUSION PERPETUA, RECLUSION TEMPORAL, PRISION MAYOR, PRISION CORRECCIONAL AND ARRESTO MAYOR Article 87. DESTIERRO Article 88. ARRESTO MENOR Article 89. MODES OF EXTINGUISHING CRIMINAL LIABILITY 12
Jose Maria College College of Law CRIMINAL LAW 1
COURSE OUTLINE and CASE LIST
Professor: Atty. Dimpna D. Bermejo-Dulay, M.S. Chem., Phd.
Article 92. WHEN AND HOW PENALTIES PRESCRIBE
Article 100. EVERY PERSON CRIMINALLY LIABLE IS ALSO CIVILLY LIABLE
Article 93. COMPUTATION OF PRESCRIPTION OF PENALTIES What are the rules in prescription of penalties?
Cases: - Garcia vs. Court of Appeals, G.R. No. 119063. January 27, 1997 - Romero vs People, G.R. No. 167546, July 17, 2009 - Dy vs People, G.R. No. 189081, August 10, 2016
•
Cases: Del Castillo vs. Torrecampo, December 18, 2002 Tanega v. Masakayan, G.R. No. 141718, 2005 Pangan vs. Gatbalite, January 21, 2007 Lumantas vs Calapiz GR No 163753 January 15, 2014 Daluraya vs. Oliva G.R. No. 210148 December 8, 2014 Basilonia vs Villaruz, G.R. Nos. 191370-71, August 10, 2015
Article 101. RULES REGARDING CIVIL LIABILITY IN CERTAIN CASES Article 102. SUBSIDIARY CIVIL LIABILITY OF I NNKEEPERS, TAVERN KEEPERS AND PROPRIETORS OF ESTABLISHMENTS.
Article 94. PARTIAL EXTINCTION OF CRIMINAL LI ABILITY ➢
SEE: R.A. No. 10592 and its Implementing Rules and Regulations
Article 103. SUBSIDIARY CIVIL LIABILITY OF OTHER PERSONS
Article 95. OBLIGATION INCURRED BY PERSON GRANTED CONDITIONAL PARDON What is the nature of conditional pardon? What is the obligation incurred by a person granted with conditional pardon?
Cases: Carpio vs Doroja, G.R. No. 84516, December 5, 1989 Yonoha v Court of Appeals, GR No 112346, March 29, 1996 Pangonorom vs. People, GR No. 143380, April 11, 2005 Philippine Rabbit Bus Lines vs. Heirs of Mangawang G.R. No. 160355, May 16, 2005 LG Foods Corporation vs. Agraviador, G.R. No. 158995 September 26, 2006 Safeguard Security Agency (SSA) vs Tangco, G.R. No. 165732, December 14, 2006
• •
Cases: -Tesoro vs. Director of Prisons, G.R. No. L -46437, May 23, 1939 -Torres vs. Gonzales, G.R. No. 76872, July 23, 1987 ➢
SEE: Section 64 (i) of the Revised Administrative Code Article 104-107. WHAT CIVIL LIABILITY INCLUDES Apportionment of Civil Liability -
Article 96. COMMUTATION OF SENTENCE What is nature of commutation of sentence? What is effect of commutation of sentence? •
Cases: People vs. Tampus, G.R. No. 181084, June 16, 2009
•
Article 97- 99. GOOD CONDUCT ALLOWANCES What is the nature of good conduct allowances? Who shall grant time allowance? What is special time allowance for loyalty of prisoner? •
Article 108-111. PERSONS CIVILLY LIABLE
• •
• •
•
➢ -
• •
• •
Article 112. EXTINCTION OF CIVIL LIABILITY
What is PAROLE? What is the difference between CONDITIONAL PARDON and PAROLE? Distinguish PARDON from PROBATION
Article 113. OBLIGATION TO SATISFY CIVIL LIABILITY References: The Revised Penal Code Book One - by Luis B. Reyes The Revised Penal Code Book One - Revised Edition by Benjamin R. Caraig Notes and Cases on Special Penal Laws by Leonor D. Boado www.lawphil.net www.sc. judiciary.gov.ph www.chanrobles.com Supreme Court Reports Annotated (SCRA)
SEE: R.A. No. 10592 Implementing Rules and Regulations of R.A. No. 10592 PD 968, AS AMENDED (‘PROBATION LAW’) What is Probation? Who can apply for probation? Who are disqualified to avail the benefits of the probation law? What is the period of probation? When can probation be terminated? Effects of termination?
Cases: Bernardo vs Balagot, GR No. 86561, November 10, 1992 Francisco v. Court of Appeals, GR No. 108747, April 6, 1995 Soriano vs Court of Appeals, GR No. 123936, March 4, 1999 Colinares v. People, G.R. No. 182748, December 13, 2011 Almero vs. People, GR No. 188191, March 12, 2014 Villareal vs. People, G.R. No. 151258, December 1, 2014 Tiu vs. DIzon, G.R. No. 211269, June 15, 2016 13
