Circumstances affecting criminal liability (JEMAA):
i Justifying Circumstances (Art. 11)
ii Exempting Circumstances (Art. 12)
iii Mitigating Circumstances (Art. 13)
iv Aggravating Circumstances (Art. 14)
v Alternative Circumstances (Art. 15)
Other factors:
vi Absolutory Circumstances
- exempting circumstances not mentioned in Art. 12
- act commited is a crim
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Articles 11 to 15 of the Revised Penal Code Notes
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Notes on Justifying Circumstances
Justifying Circumstances
- there is no crime
- no criminal liability; no civil liability (except par. 4)
- the acts are justified (persons are not criminals)
- burden of proof: lies on the accused
1. Self-Defense
Requisites:
a. Unlawful aggression
b. Reasonable necessity of the means employed to prevent or repel it
c. Lack of sufficient provocation o
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Notes on Exempting Circumstances
Exempting Circumstances
- non-imputability
- there is criminal liability but the person is exempted
- since there is a criminal liability, there is a civil liability except in accident or insuperable cause
- burden of proof: lies on the defendant
1. Insanity or Imbecility
Insanity – complete deprivation of intelligence or a total deprivatio
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Mitigating Circumstances (Article 13, RPC) Notes
Complete Defenses in Criminal Cases
1. Essential elements of the crime were not proved by the prosecution
2. Justifying Circumstances (Art. 11)
3. Exempting Circumstances (Art. 12)
4. Case is covered by any absolutory cases
(Articles 6, 7, 20, 124, 280, 332, 247, 344 & Instigation)
5. Guilt of the accused is not proved beyond reasonable doubt
6. Pre
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Article 16 (RPC) Notes
Article 16 – Persons Criminally Liable for Felonies
- enumerate the active subjects of the crime (criminals)
- only natural persons can be the active subjects (through their acts or omission)
- juridical persons are not liable because they do not act with malice or negligence (criminal actions are restricted to the officials of the corporation)
 
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Article 17 (RPC) Notes
Article 17 – Principals in General
Who are considered as principals? Those who…
1. took direct participation
2. directly force or induce the offenders to commit the crime
3. cooperate in the commission of the offense without which the crime would not have been committed
Three types of principals (based on the enumeration above)
1. Principal by
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Article 18 (RPC) Notes
Article 18 Accomplices
Who are accomplices? The persons not being included in Article 17. These persons cooperate in the execution of the offense by previous or simultaneous acts. They do not have previous agreement with the principal by direct participation. There is no conspiracy.
What is quasi-collective criminal responsibility? The liability incu
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Article 19 (RPC) Notes
Article 19 – Accessories
Who are accessories? Those who…
- have knowledge about the commission of the crime
- do not participate as principals or accomplices
- take part SUBSEQUENT to the commission of the following:
a. profiting themselves or assisting the offender to profit by the effects of the crime
b. concealing or destroying the body of the crime
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Persons Criminally Liable for Felonies
Title Two of the Revised Penal Code Notes (Articles 16-20).
Source: The Revised Penal Code: Criminal Law Book” of Luis B. Reyes (Book One – 2008 ed).
Click the links below for the notes per Article.
Article 16 – Persons Criminally Liable for Felonies
Article 17 – Principals in General
Article 18 – Accomplices
Article 19 – A
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Characteristics of Criminal Law
1. General
General rule: Criminal law is binding on all persons who live or sojourn in Philippine territory.
Exception: Treaties or Treaty Stipulation; Laws on Preferential Application
2. Territorial
General Rule: Criminal laws undertake to punish crime comitted within the territory of the Philippines
Exception: Article 2 of the Revised Penal Code
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Article 1 and 2 Notes (Revised Penal Code)
Article 1 Time when act takes effect. This code shall take effect on the first day of January, nineteen hundred and thirty-two.
Two theories in Criminal Law
1. Classical Theory – The basis of criminal liability is human free will and the purpose of the penalty is retirubution
2. Positive Theory – Man is subdued occassionally by a strange and morbid
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