CRIMINAL LAW 1

 Criminal law is the usual waterloo of BAR takers

 Needs memory and understanding of the law

 Mitigating and aggravating circumstances

 Principles are complicated but must be applied to the crimes

 RA 9262 VAWC

 Grading system: 60% passing

 Recitations, no quizzes, attendance

 ME - cases, objective is incorporated

 Absences discouraged

 No cheating

 No phones during exam

 Cumulative: 40% from old grade; 60% from new grade

 3 MEs - 10 cases, 10 main #s with sub #s

 Graded oral recitations

 No removal

 Criminal law - branch of public substantive law

 Public - relationship between government and people

 Substantive - defines rights and responsibilitiess

 Rights of the State to inflict punishment

 To protect others from offenders

 Criminal procedure

 Procedural law = imposed rules and procedures in the prosecution of cases

 Characteristics of criminal law

 General - all people living and sojourning in the Philippines

 Exceptions:

 Laws of preferential application

 Treaty stipulations

 Persons exempted: ambassadors and persons with diplomatic immunity

 Territorial

 Crimes committed in the bases

 Ph has no jurisdiction (authority) over Americans for crimes committed inside and outside the base (see
Lance Smith)

 Filipino vessel within 200 miles

 Exceptions:

 Prospective - applicable at the time after its enactment

 Exceptions:

 If new law provides lighter penalty - ex RA 6425 - illegal possession of firearms

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  RA 9165 - new anti-drug law; provides higher penalty for same acts being punished

 Robin Padilla - charged by RA 1866 (?) illegal possession of firearms RA 8292 was applied because it was
favorable to him

 RA 8294 slight physical injuries (read last section) - it was favorable to him

 Drugs and firear

 RA 1896

 Constitutional limitations

 General application - applicable to everybody

 No special treatment

 Due process - trial before conviction

 Two aspects:

 Substantive - legal cause needed

 Procedural - notice of hearing; opportunity to be heard

 Ex post facto law - decrease the penalty of crime

 Need for higher quantum of evidence

 Procedural - need to present evidence

 Habitual offender - punished without trial

 Constitutional rights of the accused

 Terms: offender, accused, CICL

 Presumption of innocent until the contrary is proven

 Miranda right - right to remain silent and to counsel

 Police line up: witness will identity the perpetrator among arrested persons

 Commitment order

 Accused needs a counsel during custodial investigation: to explain to the accused the act, consequences of the acts

 Custodial investigation begins at the time of arrest, except warrantless arrest

 Arrest has three conditions: (1),

 Arrest has reglementary period - period that the case is to be filed to the proper judicial authority

 Prescriptive period - time for the state to file a case

 Warrantless arrest - 36, 18, 12 hours (?)

 Arrest - affidavit - crime lab

 Extrajudicial confession - must be assisted by counsel and cannot be admitted as evidence unless confirmed during
trial

 Buy-bust operation or checkpoint - entrapment (in the police presence)

 Case to be filed within 36 hours since arrest - if uninterrupted

 Custodial investigation

 Inquest - if arrested without warrant

 Investigation - to give time

 Preliminary investigation - a matter of right

 Art 125 of RPC - arbitrary detention

 Waiver - good for 15 days, assisted by counsel, and made in writing

 Order to submit counter-affidavit and evidence within 5 days

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 Prosecutor to file case or not depending on the presence or absence of probable cause

 Preliminary investigation is a matter of right if the crime is punishable by 4 years, 2 months and 1 day

 Normal preliminary investigation under PD 911 - subpoena to file affidavit 10 days after receipt of the complaint; if
none, right is presumed waived

 Inquest - if warrantless arrest

 12, 18, 36 hours from arrest - police is to file a case

 Preliminary investigation - need of a counsel, a matter of right for offenses punishable by 4 years

 Rights of the accused - presumed innocent

 Eyewitness - 1; circumstantial evidence - 2

 Right to be heard

 Right to counsel

 Right to present evidence

 Right to be informed of the nature and cause of the accusation

 Arraignment - accused is informed of what he/she has been indicted for

 Bench warrant - no bail; to compel the accused to attend arraignment

 Speedy trial - no whimsical, obsequious delay

 RTC - resetting of trial is 2-4 months

 Plea bargain with probation - case becomes confidential

 Plea bargain - to give change to rehabilitate

 Recidivism - no more plea bargain

 Impartial public trial - all interested parties can observe the trial in court

 Cellphone - fine of 1,000 per sound off

 Rape cases - no external observers

 Child rape - not to see the accused (Rule on the Examination of Child Witness)

 Postponement in court trial

 Right to face witnesses (or through lawyer)

 Right to bail - cash bond, surety and property and bail on recognizance; for temporary liberty; a matter of right or
discretion

 Punishable by reclusion perpetua: rape, murder, robbery, homicide, 5+g of shabu possession

 Court can require petition for bail

 Prosecution to present evidence if strong enough to convict the accused

 If bail is granted and some conditions are violated, bail can be cancelled and bench warrant be issued against the
accused

 A bench warrant is an arrest warrant that is ordered by a judge against the defendant in a criminal case or a
similar proceeding such as for a traffic ticket. Abench warrant is typically issued in the case of a failure to appear for
trial, sometimes abbreviated "FTA."

 Self-incrimination - against the self

 Miranda warning is a type of notification customarily given by police to criminal suspects in police custody advising
them of their right to silence; that is, their right to refuse to answer questions or provide information to law
enforcement or other officials.

 Right to counsel - mandatory whether a private lawyer or as provided by PAO

 Right against excessive fineRPC - not higher but lower

 2017 edition of RPC, RA 10951 on penalties

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 REPUBLIC ACT No. 10951 - An Act Adjusting the Amount or the Value of Property and Damage on Which a Penalty is
Based and the Fines Imposed Under the Revised Penal Code, Amending for the Purpose Act No. 3815, Otherwise
Known as "The Revised Penal Code", as Amended

 Double jeopardy - Double jeopardy is a procedural defence that prevents an accused person from being tried
again on the same (or similar) charges and on the same facts, following a valid acquittal or conviction.

 The 1987 Constitution guarantees the right of the accused against double jeopardy, thus:

 Section 7, Rule 117 of the 1985 and 2000 Rules on Criminal Procedure strictly adhere to the constitutional
proscription against double jeopardy and provide for the requisites in order for double jeopardy to attach. For
double jeopardy to attach, the following elements must concur:

 (1) a valid information sufficient in form and substance to sustain a conviction of the crime charged;

 (2) a court of competent jurisdiction;

 (3) the accused has been arraigned and had pleaded; and

 (4) the accused was convicted or acquitted or the case was dismissed without his express consent.

 If accused files for dismissal…

 Ex. Trust receipt used in Avon or Triumph - if unremitted, constitutes estafa

 Presidential Decree No. 115 January 29, 1973 - Providing For The Regulation Of Trust Receipts Transactions

 "Trust Receipt" shall refer to the written or printed document signed by the entrustee in favor of the entruster
containing terms and conditions substantially complying with the provisions of this Decree. No further formality of
execution or authentication shall be necessary to the validity of a trust receipt.

 Purchase order - subject for civil case

 A purchase order (PO) is a commercial document and first official offer issued by a buyer to a seller indicating
types, quantities, and agreed prices for products or services.

 Credit card - subject for civil and criminal case

 Right to appeal - statutory right, or one conferred by law / statutes, or one similar to Constitutional right

 Theories of criminal law: (1) classical, (2) positivist, (3) eclectic

 Act No. 3815, December 8, 1930 - Revised Penal Code - took effect January 1, 1932

 Sources:

 Spanish Penal Code 1870

 Del Pan’s Correctional Code of 1916 - did not take effect as no law authorized it

 Rulings of SC

 Revised legislation during American regime

 American laws on sedition, libel, etc.

 Amendatory acts of Philippine Congress in Batas Pambansa (parliament during Martial Law)

 Federalism - LGUs with freedom but wit no budget

 Budget from the legislative; executive power from the legislative; IRA

 Executive Orders and emergency power granted by Congress

 Agreement between Presidents of China and Philippines - not binding without concurrence of Congress

 EO under 1987 Constitution

 Theories of criminal law: (1) classical, (2) positivist, (3) eclectic

 Classical - man makes crime by free will; man is a rational being; punishment = retribution

 Positivist - man is inherently good; environment makes him do evil

 Environment: influences of parents, siblings, surroundings

 Punishment for reformation

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  Eclectic - crime by free will except en cupla (without intent)

 If forced, one is exonerated since there is no free will

 Punishment is for reformation

 Jail = reformation? >> livelihood, education, ALS, teach-ins

 Probation law - a matter of privilege

 For reformation

 If not, more than 6 years and without prior conviction, can apply for probation

 Parole ≠ probation, if simultaneous conviction and without previous conviction, can apply for probation

 6 years x 3 = 18 years

 Reclusion perpetua - not eligible for parole

 Probation - also for those penalized less than 20 days

 Aresto menor; masiao - fine of P1,000 / P2,000

 Jurisdiction - authority conferred by law over the subject matter and persons

 RTC - if more than 6 years

 MTC - if less than 6 years

 Sandiganbayan - SG 27

 Service of warrant of arrest - to acquire jurisdiction over persons

 Arraignment - to inform the accused of the nature of the case; reading of information

 If self-defense, it would be reverse trial

 Jurisdiction over crimes committed in foreign merchant vessel: French Rule and English Rule

 French rule, according to which crimes committed aboard a foreign merchant vessels should not be prosecuted in
the courts of the country within whose territorial jurisdiction they were committed, unless their commission
affects the peace and security of the territory; and the

 English rule, based on the territorial principle and followed in the United States, according to which, crimes
perpetrated under such circumstances are in general triable in the courts of the country within territory they were
committed.

 If opium is aboard a foreign ship in transit and docked in the Philippines?

 Opium is an ornamental plant, bright yellow, latex to be dried and smoked; soothing smoke; universal pain
reliever / analgesic

 Bricks of cocaine / opium with GPS tracker - if thrown in the high seas (Pacific) and reach Leyte area

 Shabu cheaper than cocaine

 What is Article 3 of the RPC?

 Article 3. Definitions
 Acts and omissions punishable by law are felonies.
 Felonies are committed not only by means of deceit (dolo) by also by means of fault (culpa).
 There is deceit when the act is performed with deliberate intent and there is fault when the wrongful act
results from imprudence, negligence, lack of foresight or lack of skill.

 What are the Elements of Felonies?

 1. There must be an act or omission

 2. Punishable by law

 3. Incurred by means of deceit or fault

 Act: bodily movement producing some effect in the external world; effect need not be accomplished but possibility
thereof only
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  must be an actual felony
Ex: act of stealing = theft = felony
 External! Internal acts are beyond penal law
Ex: Imagining a murder

 Felony - external crime; done with freedom, intelligence, no intent

 Intentional = malicious; non-intentional = not malicious

 Omission - inaction; punishable by law

 with culpa - without intent but voluntary, hence liable

 FELONIES BY OMISSION:
1. Fails to render assistance to person found wounded or in danger of dying (liable for abandonment)
2. Tax officer intently fails to give receipt (illegal extraction)
3. Owing allegiance to PHP and not giving knowledge about possible conspiracies (treason)

 INTENTIONAL FELONIES: Act or omission is MALICIOUS in nature: w/ deliberate intent to injure

 CULPABLE FELONIES: act not malicious, unintentional and as an incident without malice.
 Results from imprudence (skill) or negligence (foresight)

 What are Crimes which cannot be done through imprudence?

 Murder, Treason, Robbery, and Malicious Mischief

 3 REASONS WHY ACT/OMISSION MUST BE VOLUNTARY IN NATURE?

1. RPC continues to be based on Classical theory – basis of liability is human free will
2. Assumed man is rational being and that he wouldn’t do otherwise
3. In dolo – with intent/malice = voluntary
In culpa – no intent = imprudence voluntarily = produced injurious results

 What are the REQUISITES FOR DOLO OR MALICE?

1. FREEDOM – if not free, he is merely a tool. Person acting out of fear or irresistible force exempted from criminal
liability.
 Free
2. INTELLIGENCE – necessary to determine morality of actions. If none, no crime can exist. The insane or the child
cannot be liable for do not know anything.
 Knowing; if with insanity, those done during lucid interval
3. INTENT – to act with malice is presumed to be done intentionally.
 Internal act shown by external act

 Ex. Rape - intent to lie; murder - intent to kill; theft - intent to gain

 Acts of lasciviousness, unjust vexation, rape through sexual assault, sodomy before VAWC

 Criminal intent is necessary in felonies via dolo

 Special penal laws - intent is not a defense

 RPC - intent applies; suppletory to Special Penal Laws (SPL)

 SPL - violation itself already punishable

 Ex. RA 9165 vs illegal drugs; RA 10591 vs illegal possession of firearms

 GOOD FAITH is a defense in RPC, not in SPL

 What is Mistake of FACT?

 MISTAKE OF FACT: misapprehension of fact on part of accused. Not liable, because no criminal intent.
 Ex. Ah Chong case - vessel cook who killed roommate he thought to be a pirate

 Mistake of fact may relieve criminal liability

 Oanis case - careless

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  Intent - must be specific

 Requisites of MISTAKE OF FACT

1. Act done would have been lawful had the facts been as believed so
2. Intention in performing the act was lawful
3. Mistake must be without fault or carelessness

 Negligence - RA 7610 Sec 56, if 12 years old

 Mala In Se and Mala Prohibita

 MALA IN SE: intent governs; acts penalized by RPC
 MALA IN SE: By their NATURE, they're WRONGFUL ACTS.
 intent governs; acts penalized by RPC (Theft, Rape, Homicide)

 MALA PROHIBITA: Has law been violated?

 Intent not required. PROHIBITED by STATUTE.
 Refer to special penal laws.

 What is MOTIVE?
 MOTIVE: moving power impelling one to action for a definite result.
• Not necessary for conviction
• Needed only when there is doubt as to identity of the assailant (to identify the killer)
• Proved through evidence or testimonies (not enough to prove conviction though)
 Motive not an element in crime; used when no person / witness to the identity of the accused, or when evidence
is purely circumstantial

 If a person can witness, motive is dispensed; check the expression of the person before and after the crime

 Lack of motive can acquit an accused

 1 mitigating and aggravating circumstance - minimum penalty

 1 aggravating and no mitigating circumstance - maximum penalty

 What is INTENT? Purpose to use a means to effect such result.

 Article 4

 A. Malicio ectos (?)

 Jumawid with 5 year old in the terrace

 Perpetrator liable for indirectly intended crime / act

 B. Error in personem

 A boxed person fell down and run over by a truck

 Boxer is the proximate cause of death, not the truck

 C. Proximate cause - p 62

 D. Accelerated death

 Punch led to falling down and myocardial infarction

 E. Creating fear in the mind

 Creating fear in another

 Exception: supervening event

 Stabbing caused a wound in the palm; without treatment, the stabbed died of tetanus infection

 Tetanus infection - intervening / supervening event

 F. Impossible crime by offender

 Inherently impossible

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  G. GR No. 165483 - Sep 12, 2006 - frustrated (?)

GR No. 182748 - Dec. 13, 2011

 STAGES OF EXECUTION - (1) attempted, (2) frustrated, (3) consummated

 Attempted felony (memorize the elements)

 Offender commences by overt acts but he does not perform all the acts due to some causes other than his
own spontaneous desistance - voluntarily withdraw from the execution

 Intent to kill - see cases

 Weapon used

 Injuries sustained - location, extent

 Ex. Malou and Chito were classmates in Med School

 Rape - with intent to lie

 Not attempted rape

 Thomas - deposited cheques

 Attempted estafa - deceit and damage

 Not consummated estafa since only deceit was present

 Subjective phase - offender started performing until interrupted

 Objective phase - from interruption to producing felony

 Frustrated policy - all acts of execution performed

 Intent to kill - fatal wounds

 Art 4 - accelerated death; proximate cause

 Crimes with no attempted stage: physical injuries, slander, false testimony

 Slight physical injuries - aresto menor (30 days)

 No attempted slander

 Book: Dinio and Espiritu

 Dinio’s case - frustrated theft - 30 rifles

 Arrested at checkpoint outside compound

 Frustrated theft as rifles cannot be easily disposed

 Espiritu’s case - consummated theft of hospital lines

 Linens can be concealed and easily disposed

 SC: if offender has custody of items, it is already consummated theft

 Qualified theft - for employees; with fiduciary relationship or one based on trust and confidence

 PD 133 - qualified theft: 2 degrees higher from simple theft

 Ex. Timex - technician uses gold wires

 What does Article 6 of the Revised Penal Code say?

Article 6. Consummated, frustrated, and attempted felonies. - Consummated felonies as well as those which are frustrated
and attempted, are punishable.

A felony is consummated when all the elements necessary for its execution and accomplishment are present; and it is
frustrated when the offender performs all the acts of execution which would produce the felony as a consequence but
which, nevertheless, do not produce it by reason of causes independent of the will of the perpetrator.

There is an attempt when the offender commences the commission of a felony directly or over acts, and does not perform
all the acts of execution which should produce the felony by reason of some cause or accident other than this own
spontaneous desistance.

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 How is consummated felony executed?

In the consummated stage, all acts of execution are present hence the offender is in the objective stage as he has no
longer control over the outcome of his acts, having performed all that is necessary to accomplish his purpose.

 What happens in the frustrated stage of felony?

In the frustrated stage, the offender has also reached the objective stage of the offense for he has performed all the acts
which would produce the felony, but the crime was not committed for reasons INDEPENDENT OF THE WILL OF THE
PERPETRATOR.

 What happens in the attempted stage of felony?

In attempted felony, the offender is still in the subjective stage because he has not performed all the acts necessary for its
accomplishment. Therefore, he still has control as he may or may not continue his overt acts.

 What are the elements of attempted felony?

(1) The offender commences the commission of felony by directly overt acts
(2) He does not perform all the acts of execution which would produce the felony
(3) The offender's act is not stopped by his own spontaneous desistance, and
(4) The non-performance of all acts of execution was due to cause or ACCIDENT other than his spontaneous desistance

a) Spontaneous desistance - voluntarily withdraw from the execution

 What are overt acts?

Physical activity or deed indicating the intention to commit a particular crime, more than a mere planning or preparation,
which, if carried to its complete termination following its natural course, without being frustrated by external obstacles nor
by voluntary desistance of the perpetrator, will logically and necessarily ripen into a concrete offense.

 When is the commission of a felony deemed commenced directly by overt acts?

When the following two requisites are present:

(1) That there be external acts,

(2) Such external acts have direct connection with the crime intended to be committed.

 May overt acts be NOT a physical activity?

Yes--There are felonies, where, because of their nature or the manner of committing them, the overt acts are not
performed with bodily movement or by physical activity.

(Example: proposal consisting in making an offer of money to a public officer for the purpose of corrupting him is the overt
act in the crime of corruption of public officer)

 What happens when the cause of non-performance of all the acts necessary for the commission of the offense is
OTHER THAN the offender's spontaneous desistance?

When the cause of non-performance of all the acts necessary for the commission of the offense is other than the offender's
spontaneous desistance, the felony is ATTEMPTED.

Keyword: "by accident"

 What does desistance mean?

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It is an absolutory circumstance only in the attempted stage. The attempted stage exists only up to that time when the
offender still has control of his acts. The moment he lost control of the outcome of his acts, the subjective phase is passed
and the stage is now either frustrated or consummated where desistance is merely factual and produces no legal effect,
thus, will not exempt the offender from criminal liability.

 Are formal crimes always consummated?

Yes--formal crimes are always consummated.

 What is the criteria to determine whether the crime is formal?

(1) The offender cannot possibly perform all the acts of execution to bring the desired result without consummating the
offense such as slander and libel.

(2) When the crime is treated by the RPC in accordance with the results, i.e., the result should be there before liability can
be determined--i.e., physical injuries, the crime is only in the consummated stage. In physical injuries--it cannot be
determined whether the injury will be slight, less serious or serious unless consummated.

(3) When the intent is absent such as in culpa and in malum prohibitum

 Do some crimes have NO frustrated stage? (Remember, frustrated stage executes all elements of the crime but was
not committed due to reasons independent of the will of the perpetrator)

Yes--some crimes have NO frustrated stage. Examples are:

(1) Rape--where the gravamen of it is carnal knowledge, the slightest penetration of the female organ consummates the
felony.

(2) Arson--where the burning of even a portion of the building is already considered arson.

(3) Theft or robbery--where the moment the offender has complete control of the property consummates the felony. Mere
intent to gain in theft consummates the felony.

 What is the difference between attempted and frustrated felonies as to the acts of execution?

Attempted- not all acts of execution had been done

Frustrated- all acts of execution had been performed

 What is the difference between attempted and frustrated felonies as to the causes of non-accomplishment?

Attempted- it is a cause or accident other than the offender's own spontaneous desistance
Frustrated- the offender is already in the objective phase

 What is the difference between attempted and frustrated felonies as to the level of phase?

Attempted- the offender is still in the subjective phase as he is still in control of his acts
Frustrated- he is already in the objective phase

 What are the stages of the development of a crime?

From the moment the culprit conceives the idea of committing a crime up to the realization of the same, his act passes
through certain stages, which are:

- Internal acts and

- External acts

 What are internal acts of a crime?

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Internal acts are mere ideas in the mind of the person which are not punishable even if, had they been carried out, they
would constitute a crime.

 What are the requisites in the internal acts of a crime?

That the intention and effect must occur.

 What covers the external acts of a crime?

The external acts of a crime cover the

(a) Preparatory acts and
(b) Acts of execution

 Are preparatory acts punishable?

Ordinarily, preparatory acts are not punishable. Hence, proposal and conspiracy to commit a felony, which are only
preparatory acts, are not punishable, except when the law provides for their punishment in certain felonies.

(Example: buying a poison with which to kill the intended victim or carrying inflammable materials where a house is to be
burned)

 Are the acts of execution punishable under the RPC?

Yes--they are punishable under the RPC and the stages are comprised of (a) attempted, (b) frustrated and (c)
consummated felony.

 Illustrate the distinction between preparatory and overt acts.

Preparatory act = If A bought poison from a drugstore, the preparation for the killing of B by means of poison is only a
preparatory act. For such may be used for other purposes such that it may be used to kill rats.

Overt act = But if A mixed the poison with food intended for B, such would be an overt act since such is already a
preparation to commit murder.

 What is an indeterminate offense?

It is one where the purpose of the offender in performing an act is not certain. Its nature in relation to its objective is
ambiguous.

 How to determine whether the crime is only attempted, frustrated or consummated?

To determine whether or not a crime is only attempted, frustrated or consummated, the following must be considered:

- Nature of the offense

- Elements constituting the felony
- The manner in committing the same.

 What are instances when the nature of the crime is to be considered?

In the crime of Arson for instance, it is NOT necessary that the property is totally destroyed by fire since it is consummated
already even if only a portion of the wall or any other part of the house is burned.

 What are the instances when the elements constituting the felony is considered in a criminal act?

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In the crime of Theft for instance, the crime is consummated when the thief is able to take or get hold of the thing
belonging to another, even if he is not able to carry it away.

In Estafa, the crime is consummated when the offended party is actually damaged or prejudiced.

 Is there a crime of frustrated theft?

The SC ruled that there is no crime of frustrated theft, thereby declining to adopt the Dino and Flores ruling in this
jurisdiction.

Article 7 Light felonies - aresto menor

- RA 10951 - expanded basis of fines

Article 7 Conspiracy and proposal to commit felony

- no prior agreement = no conspiracy (no common purpose)

- proposal - not a crime per se but a way for the commission of a crime

RPC: treason, coup d’etat

- Grave felonies - capital punishment; afflictive punishment

NOT RPC: proposal to commit felony

JURISDICTION

RTC:

- Capital punishment: reclusion perpetua and reclusion temporal

MTC? : afflictive punishment, ex. prison mayor

MTCC: light punishment, ex. prison correctional, arresto mayor

1 year punishment - through Barangay Conciliation then Lupon

Article 10 - Special Penal Laws

- RPC - suppletory to SPL

- SC Circular: aggravating circumstances in drug cases - no plea bargaining agreement (PBA)

* recidivism

* habitual delinquency

* RA 9165 (0.99 grams - 5 grams)

* now: 1g+ sale; 5g possession

* second offense - no PBA

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 * Sec 5 - sale of 5 grams?

* Sec 11 - 10grams only

* shabu - ephidrine - mother compound; pseudo-ephidrine - dangerous drugs

* percentage purity

* sensitive balance - to weigh drugs

* need for calibration, quantitative and qualitative exam

JUSTIFYING CIRCUMSTANCES

 Basis: absence of intent (forced by self-preservation)

 Par 4 - avoidance of greater will

 SELF-DEFENSE elements: (1) unlawful aggression, (2) reasonable necessity, (3) lack of sufficient provocation

 Reverse trial; defense first, then prosecution

 No need to kill the attacker as long as aggression ceases

 Unlawful aggression - attach which is real and eminent

 Real ≠ imaginary or perceptual

 Ex. 25 stab wounds not self-defense; already murder

 Eminent - already there, no more time to prepare

 Reasonable necessity - use of any weapon available; rational equivalence between the means, the attack and its
defense

 Lack of sufficient provocation

 Case of self-defense - ex. Putang-ina-mo - not unlawful aggression

Defense of Relatives, Property and Rights

 Relatives - up to 4th civil degree of consanguinity (1st cousin)

 Strangers (affinity) - brother-in-law and sister-in-law

 Matter of provocation not an issue; no revenge, resentment or any evil motive

 If defense is not completed, mitigating circumstance

 State of necessity to prevent a greater evil

 Compliance of duty and obedience to a lawful order

 Henosa case - battered woman syndrome

 Shot her husband, not of her rational being; no intelligence

 RA 9262

Cases to read

1. GR No. 187725 - Jan 19, 2011 - Jesalva v People

a) Quantum circumstantial evidence

2. GR No. 185230 - Jun 1, 2011 - Cerezo v People

a) No double jeopardy; remanded case to RTC

3. GR No. 162370 - Apr 21, 2009 - Tiu v CA and Postanes

a) Double jeopardy; dismissal due to insufficiency of evidence amounting to an acquittal with no appeal

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4. GR No. 187728 - Sep 12, 2011 - Mari v Gonzales

a) Constitutional right to speedy trial affirmed

5. GR No. 176169 - Nov 14, 2008 - Nasi-Villar v People

a) Simple illegal recruitment under Labor Code Art 38 in relation to Art 13b, and 39c

b) Ex post facto law not under RA 8042, Migrant Workers Act

6. GR No. 135080 - Nov. 28, 2007 - Salvador v Mapa (ex post facto law)

a) AO 13 and MO 61 not ex post facto law

b) Administrative Order No. 13 February 7, 1996 - Guidelines In The Handling And Prosecution Of Ombudsman
Cases Filed With Or Pending Before Regular Courts Pursuant To The Provisions Of Republic Act No. 7975

c) Memorandum Order No. 61, November 18, 2013 - Providing Foe The Adoption Of The Half-Day Session Pursuant
To Executive Order No. 62 Dated March 29, 1967.

7. GR No. 151258 - Feb 1, 2012 - Leni Villa Villreal v People (hazing at ADMU)

a)

8. GR No. - Jan 31, 2011 - Marquez v Sandiganbayan

a) Order for 5th Division SB to allow Joey Marquez to refer evidence of prosecution to NBI’s Questioned Document
Section

9. GR No. 20528 - Jul 15, 2015 - proximate cause

10. GR No. 208719 - Jun 9, 2014 - insanity

11. GR No. 180219 - Nov 23, 2011 - self-defense and accident; offender is neither exempted

12. GR No. 213792 - Jan 22, 2015

13. GR No. 107383 - Dec 7, 1984

14. GR No. 132639 - Oct 4, 2000

15. GR No. 117682 - Aug 18, 1997

16. GR No. 178512 - Nov 26, 2014 - attempted homicide

17. GR No. 167766 - Apr 7, 2010

18. GR No. 212565 - Feb 25, 2015

19. GR No. 175023 - Jul 5, 2010

20. GR No. 189971 - Aug 23, 2010

21. GR No. 170462 - Feb 20, 2014 - frustrated homicide

22. GR No. 198400 - Oct 7, 2013

23. GR No. 178512 - Oct 26, 2014

24. GR No. 218209 - Apr 10, 2019

25. GR No. 218581 - Mar 27, 2019 - murder and physical injuries

26. GR No. 165483 - Sep 12, 2006

27. GR No. 182748 - Dec. 13, 2011

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