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 CHAPTER 14: AGGRAVATING CIRCUMSTANCES Aggravating circumstances are those which show greater perversity of the offender hence they have the effect of imposing the maximum with that provided for by law. May be distinguished in the following manner from mitigating circumstance 1. The list in Article 13 includes analogous circumstances showing liberality of the law in favor of the accused in article 14, the list is exclusive to curtail discretion of the judge to determine what other circumstances may increase the penalty. 2. Mitigating circumstance may lower the penalty by degree in the Immoral motive, while it may find support in evidence may not be considered as it does not gall under any aggravating circumstance enumerated in article 14 of the RPC. 4 kinds of aggravating circumstances - 1. GENERIC CIRCUMSTANCE  – • have the effect of the penalty being imposed in the maximum period. Note that penalty prescribed in Book II of the case is the max imposable • apply to all felonie...

ART. 19 ACCESSORIES A. They are referred to as the Accessories Proper or the Accessories- After- the-Fact. This is because their participation in the crime comes only after the crime has been committed by others . It is only then that they enter into the picture. B. Requirement of Scienter: All 3 kinds of accessories require that they must have knowledge of the commission of the crime otherwise they are not liable even if they did an act described in Article 19. I. The First Kind: By profiting themselves or assisting the offender profit by the effects of the crime. A. The effects of the crime includes the property taken as well as the price, promise or reward given as the determining cause of the crime B. “Profiting themselves” include any act of dealing with the property including accepting as a gift, donation, security or purchasing it a lower price. The transaction involving the property however must be mutual and voluntary with whosoever the accessory dealt with otherwi...

  ART. 18. ACCOMPLICES I. Concept: Those persons who, not being included in article 17, cooperate in the execution of the offense by previous or simultaneous acts They are also referred to as the” Accessories Before the Fact”. II. There is no conspiracy between the accomplice and the PDP but there is community of design between them i.e the accomplice knows and is aware of the intent, purpose or design of the PDP. He then concurs, or approves of the intent of the PDP by cooperating in the accomplishment of the purpose through an assistance given the PDP. III. The cooperation of the accomplice is not indispensable in that the crime would still be accomplished even without his cooperation. His cooperation or assistance may facilitate or make easier the commission the crime but the crime would still be accomplished anyway. The acts of the accomplice must however be related to the acts of the PDP but they merely show that the accomplice agrees, approves or concurs with what the P...

  PRINCIPALS BY INDISPENSABLE COOPERATION ( PIC) I. Refers to those who cooperate in the commission of the offense by another act without which it would not have been accomplished. There must be a community of design or common purpose between the PIC and the PDP, but not a conspiracy. The PIC knows or is aware of the intention or purpose of the PDP and he cooperates or concurs in its realization by performing an act without which the offense would not have been accomplished. II. The cooperation may be: A. By moral cooperation such as (i) providing technical advise, expertise on how to execute the crime such as on how to avoid security arrangements (ii) revealing the combination numbers of a bank vault, or the location of warning devices (iii) revealing the whereabouts of a victim: B. By Physical external acts such as: 1. Providing the weapon or tools, or the key to open the building 2. Providing the mode of transportation to enable the accused to reach the place of the ...

  B. PRINCIPALS BY INDUCEMENT (PI)   I. Concept: Those who induce (PDP) to commit a crime either by: (a) force (b). inducement II. The use of force involves the application of either: A. Active force or material force upon the person of the PDP, resulting to serious bodily injury, to such a degree that the PDP is left with no choice but to do as ordered or B. Instilling fear of the commission or infliction of an equal or greater injury or evil either to the PDP or the latter’s family or even to a third person. The PDP may set up the use of force as an exempting circumstance. III. Inducement connotes that there was an agreement or conspiracy between the PI and the PDP. The inducement assumes several forms such as the following A. By the giving of a price, promise or reward. This must be made with the intention of procuring the commission of the crime and not as an expression of appreciation. The same must be the sole reason for the commission of the crime. T...

  ART. 17. PRINCIPALS I. There are three kinds of principals depending on the nature of their participation in the commission of the crime. However, irrespective of what type of principal they belong, their penalty will be the same. They are the following: A. Principal by Direct Participation B. Principal by Indespensable Cooperation C. Principal by Inducement A. BY DIRECT PARTICIPATION (PDP) A. This refers to those who actually and directly take part in the execution of the act. In all crimes there must always be those who actually perform the act which brings about the crime. They may be only one person or more. Whenever there are two or more involved in a crime, it becomes necessary to find out those who actually executed the act so that all may be held equally liable. B. To hold two or more persons as principals by direct participation, it must be shown that there exists a conspiracy between and among them. This is not the conspiracy punished as a crime but the co...

  Principles of Criminal Liability A. To be guilty of a crime, one must commit the crime himself (principal) or if committed by another, he must, in some manner, participate either in its commission ( accomplice) or in the fruits   thereof ( accessory). B. As a rule only natural persons who are alive can beheld criminally liable. The reasons are: (i) The element of mens rea can only be found in natural persons: malice in intentional felonies and indifference in culpable felonies are attributes of natural persons (ii)   juridical persons cannot be arrested (iii) the principal penalties   consisting of deprivation of life or of   liberty, restriction of liberty, deprivation of rights, and the accessory penalties of disqualification, cannot be served by juridical persons. C. When may a juridical entity be held criminally liable? A juridical entity may be prosecuted and held liable if the offense is punishable by a fine. D. For what acts may a juridical pers...

  Mabanag vs. Lopez Vito, G.R. No. L-1123, March 5, 1947   Facts:   Petitioners are three senators and eight representatives. The three senators were suspended by senate due to election irregularities. The 8 representatives were not allowed to take their seat in the lower House except in the election of the House Speaker. They argued that some senators and House Reps were not considered in determining the required ¾ vote (of each house) in order to pass the Resolution (proposing amendments to the Constitution) – which has been considered as an enrolled bill by then. At the same time, the votes were already entered into the Journals of the respective House. As a result, the Resolution was passed but it could have been otherwise were they allowed to vote. If these members of Congress had been counted, the affirmative votes in favor of the proposed amendment would have been short of the necessary three-fourths vote in either branch of Congress. Petitioners filed or the...

  Tañada v. Tuvera, G.R. No. 63915, 24 April 1985   Facts: Petitioners invoke due process in its petition to the Court for requiring the publication of a number of presidential issuance (i.e. PD’s, LOI’s, General Orders, Proclamations, EO’s, Letters of Implementation and Administrative Orders) in the Official Gazette. Issue: Whether or not the presidential issuance in question need to be published in the Official Gazette for its effectivity.   Ruling: The presidential issuance in question need to be published in the Official Gazette to complete its effectivity. Article 2 of the New Civil Code invokes publication as an indispensable requirement for laws to become effective. The clause in such provision stating that “unless it is otherwise provided” pertains to the effective date but subject to the requirement of a complete publication. The Court ordered that unless these presidential issuance were published in the Official Gazette, these shall have no bindi...

  Tatad v. DOE, G.R. No. 124360, 3 December 1997   Facts: In December 9, 1992, the Department of Energy was created to control energy-related government activities. In March 1996, R.A. No. 8180 (Downstream Oil Industry Deregulation Act of 1996) was enacted in pursuance to the deregulation of the power and energy thrust under R.A. 7638. Under the R.A. No. 8180, any person or entity was allowed to import and market crude oil and petroleum products, and to lease or own and operate refineries and other downstream oil facilities. Francisco Tatad, petitioner,   questions the constitutionality of Section 5 of R.A. No. 8180 since the imposition of tarrif violates the equal protection clause and bars the entry of others in the oil industry business. Also, the inclusion of tarrif violates Section 26 (1) of Article VI of the constitution requiring every law to have only one subject which shall be expressed in its title. In a separate petition (G.R. 127867), petitioners Edc...

  I. Who Are Criminally Liable A. For Grave and Less Grave Felonies they are the principals, accomplices and accessories. For light felonies they are the principals and accomplices only. Accessories are not liable. B. The classification into principals, accomplices and accessories is based on the Degree of Participation in the commission of a crime where at least two persons participated. 1. This classification does not apply to violations of special laws where the violators are referred to plainly as offenders, violators, culprits or criminals. 2. The classification into the three major classes does not apply if the several offenders acted in conspiracy as all will be considered as principals. 3. The purposes of the classification is to determine the proper penalty to be imposed upon the accused. This is one of the factors in determining the proper penalty to be actually imposed.  

  Caltex v. Palomar G.R. No. L-19650 (1966)   upxateneo   Uncategorized   September 22, 2018 Topic . Definition of Statutory Construction Case . Petition for declaratory relief against Postmaster Palomar Facts . Caltex initiated a promotional scheme entitled “Caltex Hooded Pump Contest” where contenders would guess the amount of liters contained in a covered pump. To join, participants need not purchase any Caltex products but only to request entry forms from their local Caltex stations. Choosing winners would be of three-levels: Dealer, Regional, and National Contest. At the first level, whoever has the closest determinations of the hooded pump contents wins along with other two runner-ups with corresponding prizes. First prize for Dealer Contest elevates to Regional and the same mechanics of first, second, third prizes come into play. First prize from the Regional goes to National Contest. Foreseeing the imminent bulk use of mail for the scheme, Calt...

  Government of the Phil. Islands v. HSBC, G.R. No. 44257, 22 November 1938   Facts: The appellees are banks doing business in the Philippines. This has been brought about   by the appellant to determine the liability of the appellees under section 11 of Act No. 4007. All the appellees demurred to the complaint upon the ground that it did not state facts sufficient to constitute a cause of action. Deeming the statutory provision relied upon by the appellant was unconstitutional. The National City Bank of New York alleged further, in support of the demurrer filed by it, that there was a misjoinder of parties defendant, and that section 11 of Act No. 4007 did not impose any tax upon national banking associations, in which class it belonged. The court below sustained the demurrers filed by the appellees, on the sole ground that the complaint did not allege a cause of action, because the statutory provision involved was unconstitutional. It questions now the constitut...

A law student who loves science. My cat's named Bailey. Goal: to know the role of science in the legal realm and to know how laws make the science scene better in the Ph and do these while donning a winged liner and lipgloss! Ask me questions or comment about anything below!