Indicadores Financieros

liable?

YES, he is still liable despite desistance to participate in the actual crime because he can still assist the others with the escape using the get-away car Q: Supposing, while committing the crime of robbery, an additional crime was committed that was not part of the original plan, eg. homicide; can all the

participants be convicted of the crime of robbery with homicide, even though some of them performed very minor acts (i.e. look-outs or drivers, etc)?

YES, they can all be held liable for that same crime, because it is not required that all the participants perform each and every detail in the commission of the crime; as long as the acts performed are closely coordinated and that they have the same criminal purpose.

Q: mere presence will one be a co-conspirator? No

Q: presence to give moral support? Liable

Acts before separate and distinct concerted action Implied conspiracy during closeness association, common criminal design

Coordination, personal

words, after association with each other community of crimes

remarks

joint criminal objective

Article 9

Q: How do you classify felonies? According to Penalty

1. Grave Felonies – those that the law attaches the capital punishment or penalties that are afflictive based on Article 25 of the RPC

2. Less Grave Felonies – those that the law punishes with penalties whose maximum periods are correctional

3. Light felonies – infractions of law that are punishable by arresto menor or fines

•Illustration:

Death

Grave felonies Reclusion Perpetua afflictive penalties

Reclusion Temporal Prision Mayor Prision Correccional

Less grave felonies Arresto Mayor correctional penalties

Suspension Destierro Arresto Menor

Light felonies Fines light penalties

Public Censure

•The classification in Article 25 of the RPC assumes significance on Article 91 of the RPC on Prescription:

(i) Prescription of a crime – refers to the expiration of a certain period, after which a person cannot be prosecuted for the crime anymore; contemplates that there has been no judgment of conviction yet

(ii) Prescription of penalty – refers to the expiration of a period of time after which the penalty imposed by the courts cannot be enforced anymore;

contemplates that there has been a final judgment by the courts Q: Does classification applies to special laws?

No

Article 10

- provisions of the Revised Penal Code shall not be applied with of violations of special laws, but if a special law is silent in terms of a penalty for example, the absence shall be provided by the Revised Penal Code.

 But generally:

- for violations of the RPC = what law governs? the Revised Penal Code - for violations of special law = what law governs? Special penal laws Examples of provisions in the RPC that have suppletory application pursuant to Article 10 of the RPC

1. Article 100 – Civil Liability; there are two sides of crime, the criminal liability and the civil liability, the former imposes the penalty prescribed for the crime, the latter is for the payment of damages

2. Article 22 – Retroactive Application; the law becomes favorable to the accused as long as he is not a habitual criminal and is convicted by final judgment

3. Article 17 – Principals; are classified into three: (1) by direct participation, (2) by inducement, (3) by indispensable cooperation

4. Article 45 – Forfeiture of instruments or tools used in the commission of the crime

5. Article 39 – Subsidiary imprisonment for failure to pay fines

6. Article 8 – Conspiracy; in violation of the Human Security Act(RA9372), Dangerous Drugs Act, sec 26 only (RA9165), Bouncing Checks Law (BP22)

*If the Death Penalty was not abolished, it will also be given suppletory application

allowed.

Q: Circumstances affecting criminal liability?

There are five circumstances affecting criminal liability: (1) Justifying circumstances;

(2) Exempting circumstances; (3) Mitigating circumstances;

(4) Aggravating circumstances; and (5) Alternative circumstances.

There are two others which are found elsewhere in the provisions of the Revised

Penal Code:

(1) Absolutory cause; and (2) Extenuating circumstances.

In justifying and exempting circumstances, there is no criminal liability. When an accused invokes them, he in effect admits the commission of a crime but tries to avoid the liability thereof. The burden is upon him to establish beyond reasonable doubt the required conditions to justify or exempt his acts from criminal liability. What is shifted is only the burden of evidence, not the burden of proof.

Article 11

Q: What is a justifying circumstances?

Justifying Circumstances are those where the act of a person is said to be in accordance with law so that such person is deemed not to have

transgressed the law and is free from criminal and civil liability Q: Is there civil liability?

Generally no, except in Article 11 (4) Q: What element of voluntariness is lacking?

Intent; without intent, there is no voluntariness; without voluntariness, there is no felony; without a felony, there is no criminal liability because there is no crime

Article 11, par 1 – Self-Defense

Q: What are the Elements of Self-defense?

1. Unlawful Aggression on the part of the offended party

2. Reasonable Necessity of the Means Employed by the person defending

3. Lack of Sufficient Provocation on the part of the person defending Q: What may be the subject of self-defense?

Person, right, property, honor or home

(i) defense of person – there is danger to the life or limb of the person (ii) defense of rights

(iii) defense of property – should be coupled with danger to the person (iv) defense of honor

Q: Burden of proof in self-defense?